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B-190374 1 (1978-01-20)

handle is hein.gao/gaobadfop0001 and id is 1 raw text is: ElCISlON FILE: B-190374 THE COMPTROLLER SENENAL OF THU UNITED STATUW WABMINOYON. D.C. 30548 DATE: January 20, 198 WMATTER OF: Aurora D. Rives - Terminal leave DIGEET: Employee-took total accrued annual r leave (6 hours) in final 6 hours of . t last day of employment before separa- tion. Since employee substantially worked the entire final pay period and worked part of last day of that period, the rule regarding terminal leave doesnot apply. Thus, employee could poperly accrue and use leave during last day of employment. By a letter datied October 5, 1977, Ms. Donna D. Beechcr, Director of the Personnel Systems and Payroll Di.ision, Departme'nt of Housing and Urban Development (HUD), requested our decision whether a former HUD employee, Ms. Aurora D. Rives, could properly take annual leave on the last day rf her employment. The record indicates that at the beginning of her last pay period of employment with HUD, Ms. Rives hada balance of 4 hours aick leoav and no.annual leave. Her time card for that'period indicated that she took 8 hours of sick leave in the middle of the pay jeriod and 6 hours of annual leave for the last 5 hours of Friday, March 25, 1977, 'fhich was her last day of employent. The employing agency knew for .t least 1 week prior to March 25, that Ms. Rives would separate from employment on that date. Noting that Ms. Rives used the balance of her annuel leave im- mediately be'ore separation,-the agency questions whether such action constituted an impermissible taking of terminal leavo. In addition, if the action is considered terminal leave, the agency questions whether the employee in fact ever accrued such leave for failure to work a full biweekly pay period. It has long been the.position of; this Office that administrative authority to grant an employee terminal leave immediately prior to separation from the service, when it is known in advance that the employee is to be,'separated, i. limited 'to cases where the exigencies of the service require such action. 54 Camp. Gen. 655, 658 (1975). In this connection, an exception to the terminal leave rule had been ~-a_~. I 4 I I * 1-a- *j <Ag .7 'ix. -- - - I

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