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B-167804 1 (1977-11-15)

handle is hein.gao/gaobadffy0001 and id is 1 raw text is: p .4-. 4 Jo ' THE =OMPTRLL2R 0ENrIAL :lb ar,' OF THE LJNITU DETATES WASHINGTON. D.C. 0540 804 DATE: November 1., 1977 MATTER OF: Kenneth L. Nash - Annual leave benefits as part-time employee DIGEST: Immigration and Naturalization Service inspector whose positin was designated intermitten' is nonetheless entitled to annual leave benefits on a pro rata basis as a part-time employee having an established regular tour of duty since he was routinely issued a form scheduling his work.at specific times and dates for each of the 2 work- weeks of the next pay period. Under these cir- cumstancer, the fact that he may not have been scheduled to work at the same titje and on corresponding days of the 2 workweei of each pay period does not defeat that antitement. We have been asked to render a decision concerning Mr. Kenneth L. Nash's entitlement to annual leave for the period from May 27, 1975, to January 18, 1976, during which period he served as an Immigration and Naturalization Service (INS) in- spector in San Juan, Puerto Rico. Notwithstanding the designatior. of his position as inter- mittent, Mr. Nash claims that be worked a regulr.r tour of duty during the period in question and asserts that as a part-time employee subject to a regular tour of duty he is entitled to annual leave under chapter 63, subchapter I, of title 5 of the United States Code. In support of this contention, he cites the fact th-at lie was granted annual leave subsequent to January 18, 1976, for work performed as an INS inspector in San Juan under the same conditions. Effective January 18, 1976, administrative jurisdiction for INS employees in the San Juan District was transferred from the former Southeact Region, INS Office, to the Eastern Regional Otfice, INS. As of that same date, Mr. Nash's appointment was redesignated part-time and frui then until his appointment was terminated, he was credits. with annual leave as a part-time employee serving subject Lo an established tour of duty. The record contains a letter dated August 24, 1976, from the New York Region of the Civil Service Commission, indicating that upon a I p. mEC3IEIC FILE: B-167 1 A I I I V11