The original appointment of the employee in this case was temporary for not to exceed ninety days. The fact that by successive temporary appointments employment lasted for a year does not itself entitle to leave.
The statute makes the condition that pro rata leave may be granted only to those serving twelve consecutive months or more, the effect of which is to prohibit granting of any leave during the first service year.
The first four questions submitted relate to leave of absence of temporary employees. As stated in the decision cited, 3 Comp. Gen. 382, a prolonged leave of absence with pay is inconsistent with temporary employment. The granting of leave after 12 months' service stipulated by the statute shows it had relation to employees having some permanency of tenure. A temporary employment implies a certainty of ending the employment and it is assumed that in the temporary employments referred to, the appointments designate the period of employment and are renewed from time to time, so that the employment has a fixed time for ending although it may be renewed. This then must be the condition of employment when a question of leave arises—that under the current appointment the employment will end at a certain date unless renewed. There appears under such conditions no right to grant leave of absence with pay. It is understood that the temporary employment is either because the employee can not qualify as a regular employee or the work conditions are such that employment as a regular employee would not be authorized.
Questions 1, 2, and 3 are answered in the negative.
Questions 4 and 5 are answered in the affirmative. See 27 Comp. Dec. 1081.
The definition in question 6 is affirmed.
(A–3494)
TELEPHONES IN PRIVATE RESIDENCES—ALASKA RAILROAD OFFICIALS
The prohibition in section 7 of the act of August 28, 1912, 87 Stat. 414, against the use of appropriated moneys for telephone service installed in private residences, is applicable to telephones in the residences of officials of the Alaska Railroad; such telephones can not be classed as operating expenses of the road and paid for from the earnings of the road In order to overcome the statutory prohibition.
Comptroller General McCarl to the Secretary of the Interior, July 5, 1924:
I have your letter of June 10, 1924, inclosing vouchers for rental of telephones installed in houses occupied by officials of the Alaska Railroad, and requesting decision whether payment for such service is authorized.
