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B-183813 1 (1975-06-20)

handle is hein.gao/gaobadchi0001 and id is 1 raw text is: 

                            THE   COMPTROLLER GENERAL
  : uOF THE                             UNITED       STATES
                             VASHINGTON, D.C. 20548




FILE:   B-183813                   DATE:     JUN 2 01975

MATTER OF:       Julia M. McCarthy and others - Leave accrual,
                holiday pay - WAE appointment
DIGEST:     Employees were appointed on a when actually employed
            basis.  In fact, they worked regularly scheduled tours
            of duty of 80 hours each pay period during the period
            of employment. Therefore, the employees are entitled
            to annual and sick leave accrual and pay for holidays
            that occurred during their tours of duty.

     An authorized certifying officer of the Department of Housing
and Urban Development has requested an advance decision as to whether
holiday pay and leave accruals for 1972, 1973, and 1974 may now be
certified for Julia H. McCarthy and other former agency employees
who were not authorized such benefits when employed under temporary
WAE (when actually employed) appointments.

     The agency states that Ms. McCarthy received a temporary
WAE appointment on February 22, 1972, not to exceed June 15, 1972.
The appointment was successively extended to August 22, 1973.
Ms. McCarthy resigned on March 16, 1973. It is stated that other
employees were similarly situated.

     The local Personnel Officer issued corrective personnel
actions to show the appointment for each employee to be temporary
in nature rather than intermittent since he states the original
actions were in error. The Personnel Officer states each employee
worked a regularly scheduled tour of duty, that is, 80 hours each
pay period.  le requested that the record of each employee be
audited and that each be credited with annual and sick leave that
should have accrued and that they be paid any pay due for holidays
occurring during the employment period.

     The headquarters office of General and Program Accounting denied
the request stating that the former employees appeared to have been
paid during the term of their employment in accordance with the terms
and conditions of their appointments and the documentation of record
as of the time of employment.


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