B-11963, SEPTEMBER 4, 1940, 20 COMP. GEN. 123

B-11963 September 4, 1940
Full Decision (HTML)  

Summary

"WHEN ACTUALLY EMPLOYED" PERSONNEL ARE NOT ENTITLED TO MILITARY LEAVE OF ABSENCE WITH PAY UNDER ANY OF THE THREE STATUTES CONTROLLING THE GRANTING OF MILITARY LEAVE TO CIVILIAN OFFICERS AND EMPLOYEES WHO ARE MEMBERS OF THE NATIONAL GUARD. EMPLOYEES WHO ARE APPOINTED FOR INDEFINITE PERIODS. ARE PERMANENT EMPLOYEES AND. ARE ENTITLED TO MILITARY LEAVE OF ABSENCE WITH PAY WHEN THEY ARE CALLED TO MILITARY OR NAVAL DUTY FOR TRAINING OR FOR INSTRUCTION. EMPLOYEES WHO ARE INFORMALLY EMPLOYED EACH YEAR FOR ONE SEASON ARE TEMPORARY EMPLOYEES. ARE NOT ENTITLED TO MILITARY LEAVE OF ABSENCE WITH PAY. 1940: I HAVE YOUR LETTER OF AUGUST 20. REQUIRING A DETERMINATION WHETHER THEY ARE TO BE CLASSED AS "TEMPORARY" OR "REGULAR" EMPLOYEES WITH RESPECT TO THE SEVERAL MILITARY-LEAVE ACTS.