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B-127474 1 (1979-03-27)

handle is hein.gao/gaobadhbh0001 and id is 1 raw text is: .;i;i< C MTROLLER GNEA THE COMP'A OF ~ UEM STATES \~'~~K)<A//WsASHINGTON, 0. C. 2 5483 FILE: B-127474 MATTER DIGEST: DATE: March 27, 1979 9~1 The Office of Civili n Personnel, Department of the Navy, seeks clarification e the Application of 56 Comp. Gen. 5517 (1977 which overruled the ruling in 54 Comp. Gen. 662 (1975). T 1975 ecision held that certain employees receiving premium pay under 5 U.S.C. 5545(c)(1) should have leave restored to them which was charged to them for absences on holidays. In the 1977 decision we held that an employee in receipt of annual premium pay under 5 U.S.C. 5545(c)(1) (1970) at a rate determined in accordance with 5 C.F.R. 550.144(a) who performed work on holidays or was charged annual leave for holidays falling within his regularly scheduled tour of duty is not entitled to holiday premium pay or restoration of annual leave charged. Such employee may be excused without charge to leave if his agency determines his services are not required on a particular holiday. Specifically, we have been asked the following questions: 0 -1 . 11 i COF: Holiday premium pay 41Leaves of absence xcused absence j< Department of the Navy as V the intent of 56 Comp. Gen. 551 (1977) 'requirea deduction of leave credited under 54 Comp. Gen. 662 (1977) but unused as of April 19, 1977, and whether related claims unresolved between the dates of the two decisions are valid. Such leave recredited prior to April 19, 1977, remains available for use. The determination in 56 Comp. Gen. 551 to forego collection a'ction for lump-sum payments made for leave recredited and not to require correction of leave records for recredited leave taken pursuant to 54 Comp. Gen. 662, did not validate all claims that arose or were presented for payment between the dates of the two decisions. Rather, it ,was to inform agencies that corrective action would not be required for actions allowing claims taken prior to April 19, 1977, pursuant to 54 Comp. Gen. 662. /ed- CV/ C'141

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