DRAFT OF ADMINISTRATIVE INSTRUCTION re TIME, LEAVE, AND PAY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81-00728R000100010043-6
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 219
• Document Creation Date: December 14, 2016
• Document Release Date: November 7, 2002
• Sequence Number: 43
• Publication Date: February 3, 1950
• Content Type: MF

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,Coordination Page
DRAFT
? plEMORANDUM TO: Management Officur DATE: 5 April 1950
FROM: Acting Budget Officer
HSUBJECT' Drrift of Administrative Instruction re Time Leave,.
and Pay.
1. This office concurs with the draft of Administrative Instruction
re time, leave, and pay, dated 31 March 1950.
2, Comments:
With respect to the draft forwarded with your memorandm of
31 March 1950 to be identified by Administrative Instruotio
it is desired to offer the following suggestions:
(a) It is believed that the title of paragraph 5 should
read "Leave in the United States from Overseas Posts". This
change is offered since it appears desirable to make a distinc-
tion between "home leave" as provided in Public Law 110 and the
types of leave which are not legally authorized home leave to
the extent that the Agency may not pay any of the expenses.
(b) It is suggested that there be added a sentence to
sub-paragraph 5 b (3)(f) reading substantially as follows:
"This does not cover sick leave as set forth under paragraph
5 b (3) above". The reason for including this sentence is to
make it clear that when either annual or sick leave is taken
at the personal convenience of the employee, the period of
annual or sick leave will commFace at the time of departure
from overseas post of duty. In this connection it will be
noted that while travel expenses of a full time employee
might properly be authorized in connection with illness and
return to the U. S. refer to sub-paragraph 3 (g) of Admini-
strative Instruction I there is no authority, apparently,
for considering an individual in a "duty status" while
returning for illness and/or hospitalization.
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,4,410ARD FORM NO, 84
Office Memorandum ? UNITED STATES GOVERNMENT
TO
FROM
Management Officer.
Chief, Administrative Staff
DATE: 19 April 1960
SUBJECT: Draft of Administrative Instruction re Time Lea vG and ray ,
1. Ref is made to the mimeographed draft dated 31 Maroh 1950 con-
cerning
?
corning home leave" whioh proposed material for incorporation within Adrainis.-
trative Instruction 3ntitlecl "Time, Leave and Pay". The following comments
are submitted, in accordance with your requests
?
We concur with the suggested heading of "Nome Leave from
Overseas Posts", provided that (I) the term ithome leave''
is defined to set forth the eligibility of residents of.
the United States, its territories and possession, aa
well as residents of the oontinental nited tates
(applicable paragraphs are 5a and 5f); and (2) that it
bs indicated whether the reference to United. States in
paragraphs 5a, 5b(1), 5b(2), 5b(3), ,and 5f applies equally
well to United States territories .and possessions.
We concur in the remaining paragraphs within the
quali-
fioaiaons expressed above under a(1) and a(2).
It appears necessary to clarify the fact that although in
paragraph No. Si' the leave of absence granted for home
leave alien be exclusive of the time actually and neces-
sarily occupied in going to and from residences and time
awaiting transportation, that leave granted for the em-
ployees' convenience commenoes (annual leave and leave
occasioned by injury or illness) at the time of departure
from the assigned post of duty and will include all
elapsed normal working time away from the post. It is
reoommended that a paragraph be added, No. 5g, substantially
as follows:
(1) "5g. Leaves of absence consisting of annual and/or
sick leave granted an employee for the return to the
United States, or its territories and possessions, for
any purpose other than home leave evemettuSatIlFbustsees
will commence at the time of departure from the -assigned
post of duty and will include all the elapded normal.
working time away from the post."
2. In conclusion, the new material that is being inserted defines
a purpose. for which leave is granted, as distinguished from a kind of
allowable leave, such as annual, sick, or LWOP and it would appear that
:
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it 'should be placed within the administrative instruction among material of
similar classification, i.e., maternity leave, military leave, ate. Pre-
ferably it should be inserted after paragraph No. 12, "Absence for Registration
and Voting". For the same reason, it is suggested that the order of paragraph
No. 8 "Maternity Leave" and paragraph No. 9, "Leave without Pay", be reversed.
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Coordination Page
MEMORANDUM TO :Management .Officer
..Draft oP Administrative. Instruction
and Pay.
..14. This Office concurs with the draft Of Administrative ,.Instruction:
re time, leave, and pays:dated 31:March 1950.:
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3 Mav 1950
SUBJECT: Draft oP Administrative Instruction re Time Leave
and Pay.
1. This Office concurs with the draft Of Administrative Instruction
re time leave, and pay, :dated 31 March 1950.
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_Coordination Page
Draft of Administrative Instruction re TiMB
and Pay.
1. This Office concurs with the draft of Administrative Instruction
re time leave, and pay, dated 31 March 1950.
2. Comments:
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1.1TANDARO PORPA NO.
Office Memorandum ? UNITED STATES GOVERNMENT
TO
FROM ?
Manag eiTient
Legal Staff
SUBJECT: Charging of Leave for Travel Of Overseas EMployees.
STATI NTL
FOIA135
23 May 1930
1. A recent opinion of the Comptroller General to this Agency,
dated 16 March 1950, (No. B-93365) provided an interpretation of the
effect on the continuity of "continuous service abroad" when overseas
employees took certain types of leave in the United States. The
questions concorned an employee who:
(a) Returned to the United States for purposes of official
consultation and was granted an interim period of either annual
or sick leave;
(b) Returned to the United States at Government expense on
sick leave;
(c) Returned to the United States for a period of annual leave
at his own expense to meet a personal emergency.
2. While the opinion of the Comptroller clarified the effect of
such leave on the continuity of "continuous service abroad," it did
not touch the collateral question of the assessment of leave for travel
time incident to the above situations. This is now under consideration
by the Foreign Service in drafting appropriate regulations, and the
question has been referred to this Agency for comment and possible ad-
vice. SinIcer1.72_LI.7_2fimesently considering an amendment to Administrative
Instruction "Te, Leave and Pay," (Note proposed Section 5.
"Home Leave from Overseas Posts") we wish to 01%11 your attention to this
question with the following comments.
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4. To our mind, the first case does not present a problem.
When an employee is returned to the United States for consultation
under official orders, the travel is related to his duty, and the
grant of a period of interim leave in the United States would not
require a forfeiture of leave for the transit period going from and
to his overseas post. (Any travel within the United States related
to his interim leave would not be controlled by P.L. 110, and would
be subject to standard leave practices otherwise applicable within
the United State s. )
5. In situation (b), the employee is returned to the United States
on sick leave at governmental expense. Since the assessment of sick
leave is not necessarily inimical to payment of travel and per diem
expenses, there is no reason why sick leave could not be charged at
the e. te of departure rather than at the date of arrival in the United
States. This, however, is for policy determination.
6. The real problem with which we are confronted is contained
in situation (c) where the employee returns at personal expense for
a personal purpose. Here the interest of the Goverment is clearly
subordinate to that of the individual and there is no obligation on
the part of the Goverment to present the employee with a gratuitous
grant of leave during the period of travel. Since the obligation to
exclude travel time from leave applies only to home leave, there is
no technical objection to charging leave for travel in this case.
7. I have discussed this matter with Mr. Dayson Hall of the Per-
sonnel Section of the Foreign Service, and we would appreciate being
inforned of any policy determination in order that we may advise him -
of the Agency approach. If You find it necessary, we can arrange a
conference with the Foreign Service. Mr. hall said, it was his under-
standing that ECA is considering travel time without assessment of
leave if the employee so elects, but the employee will then be re-
quired to begin a new accumulation of leave on return to post. we
. This is supplementary to our previous memorandum dated 6 April
.1950, but it reinforces our suggestion ? z 'ption of
leave in the above cases as "home" leav
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MEMORANDUM TO: Manage/Tient Officer pATE: 6 April 1950
, ? .....
FROM
Aisistant Director for Special Operations
SUBJECT: Draft: of AdMinistrative InstruCtion re Time Leave,:
and Plly ?
1. This office concurs .with the draft Of :Administrative Instruction
re time, leave and pays. dated 31 March 1950..
FOR lilt ASSISTP-NT DIRECTOR FOR SPECIAL OPERATIONS:
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Management Officer DATE; pa 5: uiP
. 21i914ifig.eatpla2.1.L.hiscurity...Staff
Draft o1 Administrative Instruction re Time
and Pays
14 This office concurs .with the draft Of Administrative Instruction
1-;e tiloe love, and pay, dated 3]. March 1950.
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Cbordination Page
SUBJECT: : Draft of Administrative Instruction relithe, Leave, ,
and Pay.
1, :This Office concurs with the draft Of Administrative Instruction
re tithe leave, and pay, dated 31 March 1950.
.;!
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NEMORANDUMHT TO Management Offi car
SUBJECT: Draft of Administrative Instruction re Time, Leave
and Pay. ?
This office concurs with the draftiOf Administrative Instruction
leave,, dnd pay, dated 31 March 1950.
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SECRETc
Chief, Special Support Staff
FROM: Deputy Chief, Finance Division
SUBJ: Draft of Administrative Instruction re Time
Leave and Pay
1. Attaehd 14 a draft of an amendment to Administrative
Instruction I I which has been forwarded to us for comment.
With the exception of Sub-Paragraphs D and F, we believe that the
Instruction is quite clear and have no recommendations.
2. With respect to Sub-Paragraph Do we assume that this
provision pertains to individuals anployed abroad who currently
have to their credit some foreign duty with another government
agency. If this is the case, we recommend that Sub-Paragraph D
be changed to provide that an agreement be required at the time
of employment to serve two full years abroad with this Agencz. unless
separated for reasons beyond his control.
3. Sub-Paragraph F is similar to present requirements of the
Foreign Service Regulations with -which we have experienced difficulty
.on several occasions. Generally, this difficulty is in connection
with awaiting transportation after completion of Home Leave.
Under the present regulations, an employee whose travel is interrupted
prior to commencement of leave continues to receive per diem and is
not charged with leave provided the first available transportation is
used. However, after taking leave, this situation is materially
changed. For instance, an employee who has completed Home Leave
and who does not report to Headquarters thereafter for temporary duty,
may find it necessary to wait for available transportation at a
port. Under such circumstances, it appears that leave is not
chargeable, however, it also appears that per diem is not payable
since per diem normally would be paid for required travel time only.
This is a controversial issue in almost every case, therefore, we
recommend, before issuance of this Administrative Instruction, a
determination be made by the Legal Staff as to whether or not per
diem can be paid under such circumstances, and that the decision
be reflected in this Administrative Instruction.
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4. We have noted and agree with recommendation
25X1A that Sub?Paragraph A should specify 30 calendar days.
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DRAFT (HDM)
MEMORANDUM FOR didef, Special S..iipport Staff 31 March 1950
Management Officer
S7BJECT: Draft .of Administrative instruction re Time, 16aVei
and Pay.
1. There is. reproduced below a draftOf a proposed Adminis-
.tratiVe'Instruction concerning time, leave, and pay.
2. Request that you forward your comMentA_er concurrence to
this office by 17 April 1950.
ADMINISTRATIVE INSTRUCTION
NO;
SUBJECT: Time, Leave and Pay.
Administrative Instruction dated 22 April 190, is
hereby amended. Paragraph number 5 is renumbered number 6, and subse-
quent paragraphs aocordingly.
"5. Home Leave from Overseas Posts
"a. Home leave will be granted an employee after
, ,
two years continuous government service abroad or aa
soon thereafter as possible provided that he has accrued
to his credit at the time of such order annual leave
sufficient to carry him in a Pay status while in the
United States for at least 30 days.
"b. The following types of home leave shall not
constitute a. break in 'continuous service abroad':
".(1) Annual or sick leave granted to an
employee while temporarily in the United States
for purposes of official consultation.
, "(2) , A period of annual leave granted an
employee to retUrn to the United States et his
own expense for the sole purpose of meeting a
,personal emergency.
i(3) A Period of sick leave granted an
employee to return to, the United States under
proper authoriation.at:F,overnment sexpense.'
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However, the types of home leave defined in b.,'
'above,shall not be counted as service abroad. Thus, the
period of 'continuous service abroad' must be extended
beyond the original two years for a period equal to the
amount of the above leave.
"d. In the event the two full years service has
not been spent with the Agency, the employee will be
required to sign an agreement to complete two years
of service with the Agency; unless separated for
reasons beyond his control.
"e. While on home leave the employee ,shall.not-
be available for Work or duties .C.ixdevb in the Agency.
or for training or reorientation for Work; and the time
of such work or duty shall not be counted as leave.
."2. Leave of absence granted for home leave shall
be oxclusive of the time actually and necessarily
occupied in going to or from residence in the United
States or its territories and possessions and such time
as may be necessarily occupied in awaiting transportation.'
FOR THE DIRECTOR OF CENTRAL INTELLIGENCE:
DISTRIBUTION: A.
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Executive
STATI NTL
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Draft :oP Administrative Instruction re Time Leave,
and Pay.
1. This :office concurs with the draft of Administrative Instruction
1e6Ve, and pay, dated 31 March 1950.
2, cOinments :
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1. This office concurs with the draft Of Administrative Instruction '
r0 time leave, and pay, dated 31 March 19504
Comments:
:/e
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erANDMIO FORM N. 64
Office Memorandum
TO, : Management Officer
. FROM : Legal Staff'?
SUBJECT:
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FOIAB5
UNITED STATES GOVERNMENT
DATE: 6 April 1950
Draft of Administrative Instruction Re: 'Time. Leave,
and pay.
1.. The proposed changes in Administrative Instruction
dated 22 April 1949,1cY the insertion of paragraph 5., "Hbme Leave.
from Overseas Post,"'havebeen reviewed and we wish to Submit the
following _comments;
3. Under subparagraph (b), the designation of the annual or
sick leave indicated in subparagraphs (1), (2) and (3) as "home"
leave, may be misleading, and we suggest the deletion of the word
"home." The recent opinion of the Comptroller General in regard
to this subject TPlied only to employees on regular assignment
abroad, and, in order to eliminate possible future confusion, we
suggest a revision in the introduction to subparagraph (b) to read
as follows:
"The following types of leave shall- not constitute a break
intoontinuoueseryiee abroad! of an employee regularly assigned.,
to an overseas post:"
-4.. In subparagraph (b)(2) we suggest tbat -"Own expense"
be re-
vised to read:."persOnal expense." As revised, it maY:sUffer from the
monotony ofrepetition, but the word ."Own" might apply. to Government
as well as personal expense.
5.:In eill0Paragrall,(c) our remarks above apply equally to the
?
word "home" in thc first line, and We suggest, its deletion.-
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6. The condition of entitlement to home leave is two years'
continuous Government service abroad, and we assume that subparagraph
(d) is drafted to cover the case of the employee who tacks his period
of employment with another agency to that with CIA in order to meet
the two years' minimum requirement. The requirement that the employee
sign an agreement to complete two years of service with the Agency may
possibly be misconstrued as an additional element of eligibility. We
believe this would be clarified by use of the following wording: "In
the event that the two full years' 'continuous Government service abroad'
has not been spent with the Agency, prior to issuance of home :leave or?
ders, the employee will be required to sign an agreement to colLplete
two years of service with the Agency (unless separated for reasons be?
yond his control), provided that such requirement will not otherwise
postpone his entitlement to home leave.?
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Co6rdination Page
-MEMORANDUM TO: Managemenb Offi 11 April 1950
Deputy Assistant Director, ORE
SUBJECT Draft Of Administrative Instruction re; Time, Leave,
and Pay.
1. This office concurs with the draft of Administrative Instruction
leave, and pay, dated 31 March 1950.
2. Comments: )L-C71-L-41
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6TANDARD FORM NO, 64
Management Officer DATE: 12 April 1950
Advisory Council
Draft of Administrative Instruction re lime Leavy
This office concurs with the draft of Administrative Instruction
re time, leave and pay, dated 31 March 1950.
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Ihiis has-been coordinated with
Admin Staff
.Special Support Staff
Office of Operations
'Office of Special Operations
Office of Policy Coordination
1. Administrative Staff and OPC concurred without
comment.
2. Special Support Staff concurred but raised a
question of interpretation of the phrase ?resident
of the U.S.". The Legal Staff advises that the
wording of pa. 110 makes it impossible to define
the.phrase:very ?closely. Special Support Staff has
agreed to submit questionable cases to the Legal Staff .
for opinion.:
3. Office Of Special Operations Concurred with the
proviso that the Instruction not be applicable to
'agent personnel. .
L. The attached Off slemorandum, dated
April 14, 1950, a in rep y o a prev ou: 111Wof this
Instruction. The mimpliLAug este that temporary duty
served at a tfitiOW'W&F Virrer311VATI"Fe:poiriin
e "7,V; ;n i"
?
to111' V-i .e c. - din4"46e, p C"rt.
uipAnstgalfpin
afle
l-aft circulated-for concurrence contained paragraph
to that effect. However, this Instrug4orkas,here,
presented. does upon7;i1AiirOit
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STANDARD PORM NO, 64
O.
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ce Memorandion ? UNITED STATES GOVERNMENT
TO
Executive DATE: 21 June 1950
FROM
Legal Staff
SUBJECT:
Revision of Administrative Instructio
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FOIAB5
1. Administrative Instruction I regarding leave in the
United States from overseas post, h .eviewed by this office,
and we should like to make the following comments.
2. It is noted under paragraph 8.A.that hone leave will be
granted only "after two years' continuous Agency service abroad"
(our emphasis). We do not know if this was intentional, but the
effect is to deny employees recruited abroad from other Government
agencies the benefit of home leave credit for any service prior
to their employment by this Agency.
FO IA
, It is noted in regard to paragraph .8.C,that the Act pro-
vides for employees on home leave "in the continental United
States" rather than simply those "on home leave."
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