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REGISTER

FEDERAL
VOLUME 3

1934

Un ited

NUMBER 57

Washington, Wednesday, March 23, 1938
PRESIDENT OF THE U NITED STATES.
E xecutive O rder PRESCRIBING REGULATIONS RELATING TO ANNUAL LEAVE OP
GOVERNMENT EMPLOYEES

By virtue of and pursuant to the authority vested in me by section 7 of the act of March 14, 1936, entitled An Act to provide for vacations to Government employees and for other purposes 49 Stat. 1161, I hereby prescribe the following regulations governing the granting of annual leave to civilian officers and employees of the United States, the District of Columbia, and all corporations included within the provisions of section 6 of the said act, except as provided in P A R T m hereof:
Part I. Definitions S ec. 1. As used in these regulations:

a Employee and employees include officer and o f ficers, respectively.
b Permanent employees are those appointed without limitation as to length of service or for definite periods in excess of 6 months.
c Temporary employees are those appointed for defi nite periods of time not exceeding 6 months.
d Emergency employees are those whose compensa tion is paid from emergency funds and whose tenure of ap pointment is limited to the period for which the emergency funds are available.
e Indefinite employees are those appointed for the duration of the job and those who, although paid only when actually employed, are continuously employed or re quired to be available for duty fo r a period of not less than one month, as distinguished from part-time or intermittent employees.
f Accumulated leave means the unused annual leave not exceeding 60 days which has accrued during years prior to the current year.
g Current annual leave means the leave authorized by statute for the current year.
h Current accrued leave means that part of the cur rent annual leave which bears the same ratio to the current annual leave that the expired part of the current year bears to the full year.
i Unaccrued leave means that part of the current an nual leave which bears the same ratio to the current annual leave as the unexpired part of the current year bears to the full year.
Part II. General Provisions S ec . 2. Permanent employees who have been employed continuously for one year or more and who do not contem plate leaving the service during the current calendar year shall be entitled to current annual leave with pay at any time during such calendar year not in excess of 26 days.
In addition to current annual leave such employees may be granted accumulated leave not to exceed 60 days.

Sec. 3. Leave shall be granted at such time or times as may be deemed to be in the public interest.
Sec. 4. a Unaccrued leave shall be granted only with the express understanding that if such leave is not later earned during the calendar year, deductions will be made for the unearned portion from any salary due the employee, or from any deductions in the retirement fund to the credit of the employee.
b In cases o f separations where employees are indebted to the Government fpr advanced annual leave such indebt edness shall be charged against the employee on the basis of the salary rate obtaining during the period of advanced annual leave and on the basis of one days pay for each day of absence, exclusive of Sundays and holidays. Ab sences fo r fractional parts of a day will be charged propor tionately. This provision shall not apply in cases of death, retirement for age or disability, reduction of force, or when an employee who is not eligible for retirement is unable to return to duty because of disability, evidence of which shall be supported by an acceptable certificate from a registered practicing physician or other practitioner.
S ec . 5. Employees, other than temporary, entering the service by original appointment or by reinstatement shall be entitled to annual leave with pay accruing at the rate of 2 Ye days for each month of service rendered until the comple tion of one years service. Emergency and indefinite em ployees shall be entitled to annual leave with pay accruing at the rate of 2 Ye days per month for each month of service, and may in addition thereto be granted accumulated leave.
S ec . 6. An employee transferred or reappointed without break in service from one permanent position to another permanent position within the same or a different govern mental agency shall at the time of the transfer be credited with such accumulated and current accrued leave as may be due him, or charged with any unaccrued leave which may have been advanced. Break in service means separation from the service for a period of one or more work days.
S ec . 7. An employee voluntarily separated from the service without prejudice during any calendar year shall be entitled to all of his accumulated leave plus his current accrued leave to and including the date of separation.
Sec. 8. An employee who is involuntarily separated from the service other than for cause due to his own misconduct shall be entitled to all of his accumulated leave and current accrued leave, and the date of his discharge shall be fixed So as to permit him to take such leave. The date of dis charge of an employee separated from the service for cause due to his own misconduct may, within the discretion of the administrative office concerned, be fixed so as to permit the allowance of all or any part of accumulated leave and current accrued leave.
S ec . 9. Leave without pay shall not be granted until all accumulated leave and current accrued leave allowable under these regulations is exhausted, except that employees injured in line of duty may take leave without pay, if desired, cover715