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B-184018 1 (1976-07-21)

handle is hein.gao/gaobadcwj0001 and id is 1 raw text is: / ~ ~ . THE COMPTROLLER GENERAL DECISION 0OF THE UNITED STATES WASHINGTON, 0. C. 20546 FILE: DATE: JUL 2 1 1976 B-184018 MATTER OF: Mary L. McLain - Leave without Pay DIGEST: Employee took leave in accordance with directive of supervisor who apparently acted on mistaken belief that employee had not received compen- sation at rate specified in contract and was entitled to paid leave in lieu of additional monetary compensation. Claim is denied since employee had received all compensation to which she was entitled. This action is a response to an appeal from a settlement of our Transportation and Claims Division (now Claims Division) Z-2548107, March 26, 1975, which disallowed a claim for payment for four days of leave without pay charged to Mrs. Mary L. McLain an employee of the Department of the Army. The record shows that Mrs. McLain entered into a contract to perform the duties of Vice-Principal at the Tyndall Air Force Base Elementary School, Tyndall Air Force Base, Florida, a so-called Section 6 school, created under the authority of section 6 of Public Law 81-874, 64 Stat. 1107, 20 U.S.C. 241(f). The record also indicates that contracts for fiscal year 1973 were negotiated by Section 6 school employees on two different bases. One group of employees were on a fiscal year contract basis, where the employee's services were required for a total of 260 days. The actual work days were 240 and the remaining 20 days were simply nonworking days. A second group of employees were school-year employees, whose services were required for less than 260 days. Contracts for the second group specified a total number of contract days of which a lesser amount were workdays. In both types of contracts, the salary was stated as an annual amount. Fiscal-year employees received their annual salary for the full 260 days at a daily rate computed by dividing the annual amount by 260. Thus, the fiscal-year employees were to receive 20 days vacation leave for which they would be compensated at the daily rate. On the other hand, the daily rate for the school-year employees was computed by dividing the annual contract amount by the number of actual workdays. The school-year employees were thus paid for workdays

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