B-132587, JULY 30, 1957, 37 COMP. GEN. 62

B-132587, JULY 30, 1957, 37 COMP. GEN. 62

OVERSEAS EMPLOYEES - HOME LEAVE - REGULAR TWO-YEAR LEAVE PERIODS - MINIMUM SERVICE REQUIREMENTS UNDER EXECUTIVE ORDER NO. 9805, WHICH REQUIRES A MINIMUM OF 12 MONTHS OF OVERSEAS DUTY BEFORE ENTITLEMENT TO ROUND-TRIP TRAVEL AT GOVERNMENT EXPENSE FOR HOME LEAVE ACCRUES, AN ADMINISTRATIVE AGENCY MAY FIX A TOUR OF DUTY OF TWO YEARS, LESS THE TIME ON THE IMMEDIATELY PRECEDING HOME-LEAVE TRIP, SO AS TO PERMIT THE SCHEDULING OF HOME LEAVE AT REGULAR TWO-YEAR INTERVALS; AND WITH RESPECT TO PRESENT EMPLOYMENT AGREEMENTS, THEY MAY BE TERMINATED PRIOR TO THE TWO-YEAR EXPIRATION DATE WHEN IT IS CONSIDERED FOR THE GOVERNMENT'S BENEFIT AND TRAVEL MAY BE AUTHORIZED AT GOVERNMENT EXPENSE PROVIDED THE 12-MONTH MINIMUM SERVICE REQUIREMENT HAS BEEN FULFILLED.

TO THE ADMINISTRATOR, HOUSING AND HOME FINANCE AGENCY, JULY 30, 1957:

YOUR LETTER OF JULY 16, 1957, WITH ENCLOSURE, REQUESTS OUR DECISION CONCERNING THE PAYMENT BY THE GOVERNMENT OF TRAVEL EXPENSES OF EMPLOYEES OF THE PUBLIC HOUSING ADMINISTRATION STATIONED IN PUERTO RICO IN RETURNING TO THE UNITED STATES FOR HOME LEAVE.

YOU SAY THAT IN PUERTO RICO, AS ELSEWHERE, THE IMPACT UPON OPERATIONS CAUSED BY VACATIONS IS SUBSTANTIALLY DIMINISHED BY SCHEDULING VACATIONS DURING THE SUMMER MONTHS, WHEN THERE IS A GENERAL SLOW DOWN OF ACTIVITY. IN THE CASE OF HOME LEAVE, THE IMPACT IS EVEN MORE ACUTE THAN IN THE CASE OF ORDINARY VACATIONS BECAUSE ABSENCES ON HOME LEAVE ARE OF CONSIDERABLE DURATION. IN THE CASE OF THE PUBLIC HOUSING ADMINISTRATION'S PUERTO RICO OFFICE, PRESSURE IS FURTHER INCREASED BY THE FACT THAT THE OFFICE IS STAFFED MAINLY BY SPECIALISTS WHO CANNOT SUBSTITUTE FOR ONE ANOTHER.

THE NEW ADMINISTRATIVE POLICY PROPOSES THAT IN FUTURE RENEWAL AGREEMENTS, THE TOUR OF DUTY WILL BE FIXED AT TWO YEARS, LESS THE TIME ON THE IMMEDIATELY PRECEDING HOME-LEAVE TRIP INCLUDING NECESSARY TRAVEL. THIS WILL PERMIT SCHEDULING OF HOME LEAVE AT TWO-YEAR INTERVALS.

YOU SUBMIT THE QUESTION OF WHETHER THE NEW ADMINISTRATIVE POLICY MAY BE MADE EFFECTIVE REGARDING HOME LEAVE DURING THE CURRENT SUMMER SEASON EVEN THOUGH THE CURRENT AGREEMENTS PROVIDE FOR A FULL TWO-YEAR TOUR OF DUTY; THAT IS TO SAY, WHETHER TRAVEL EXPENSES ARE AUTHORIZED IN THE CASE OF AN EMPLOYEE WHO SIGNED SUCH AN AGREEMENT BUT WHO HAS COMPLETED NO MORE THAN THE AMOUNT OF SERVICE REQUIRED UNDER THE NEW POLICY.

TITLE VI OF EXECUTIVE ORDER NO. 9805, AS ADDED BY BUREAU OF THE BUDGET CIRCULAR NO. A-4, DATED MAY 2, 1955, AUTHORIZES TRAVEL EXPENSES IN CONNECTION WITH LEAVE FOR RETURNING TO PLACE OF RESIDENCE BETWEEN TOURS OF OVERSEAS DUTY. SECTION 27 (A) (1), (2) PROVIDES IN PART AS FOLLOWS:

(A) ELIGIBILITY. TO BE ELIGIBLE FOR TRAVEL AND TRANSPORTATION EXPENSES AS AUTHORIZED * * *, AN EMPLOYEE PRIOR TO DEPARTURE FROM HIS POST OF DUTY OUTSIDE THE CONTINENTAL UNITED STATES---

(1) MUST HAVE SATISFACTORILY COMPLETED AN AGREED PERIOD OF SERVICE AS DESCRIBED IN SECTION 4 HEREOF * * *

(2) MUST HAVE ENTERED INTO A NEW WRITTEN AGREEMENT FOR ANOTHER PERIOD OF SERVICE AT THE SAME OR SOME OTHER POST OF DUTY OUTSIDE THE CONTINENTAL UNITED STATES. THE PERIOD OF SERVICE UNDER SUCH NEW AGREEMENT SHALL BEGIN UPON THE DATE OF HIS RETURN TO OR ARRIVAL AT SUCH POST OF DUTY AFTER LEAVE HAS BEEN TAKEN.

UNDER THE EXECUTIVE ORDER AN EMPLOYEE IS REQUIRED TO REMAIN IN THE GOVERNMENT SERVICE A MINIMUM OF 12 MONTHS AT HIS OVERSEAS POST OF DUTY BEFORE HE IS ENTITLED TO ROUND-TRIP TRAVEL FOR PURPOSE OF TAKING LEAVE BETWEEN TOURS OF DUTY OVERSEAS.

THEREFORE, OUR OFFICE WILL INTERPOSE NO OBJECTION TO THE PROPOSED ADMINISTRATIVE POLICY OF PROVIDING TRAVEL AT GOVERNMENT EXPENSE OF GOVERNMENT EMPLOYEES FOR HOME LEAVE PROVIDED THE TOUR OF DUTY AT THE OVERSEAS POST IS NOT LESS THAN 12 MONTHS.

REGARDING THE PRESENT EMPLOYMENT AGREEMENTS WHICH PROVIDE FOR A TWO YEAR TOUR OF DUTY OVERSEAS BEFORE HOME LEAVE IS AUTHORIZED OUR OFFICE WOULD NOT OBJECT TO THE GOVERNMENT'S TERMINATING THESE AGREEMENTS PRIOR TO THEIR EXPIRATION DATE WHERE IT IS CONSIDERED FOR THE GOVERNMENT'S BENEFIT TO DO SO AND AUTHORIZE TRAVEL AT GOVERNMENT EXPENSE FOR HOME LEAVE PROVIDED THE EMPLOYEE HAS SERVED AT HIS OVERSEAS POST A MINIMUM OF 12 MONTHS PRIOR TO THE TERMINATION.