OPINION ISSUED SEPTEMBER 25, 1986
JAMES A. COUGHLIN, JR.
AND ALVIN E. GARDNER
DEPARTMENT OF HIGHWAYS
Claimants appeared in person.
Nancy J. Aliff, Attorney at Law, for respondent.
Claims CC-85-138 and CC-85-141, filed by James A. Coughlin, Jr.
Alvin E. Gardner,
were consolidated for hearing.
Each of the claimants were employed by respondent as provisional
employees. As provisional
employees, the claimants accumulated annual leave time for each
employment was terminated in 1985. At the time of their
they were informed that
they would receive no compensation for the annual leave time which
had accrued during
their employment. Claimant Coughlin seeks $170.47, and claimant
Claimants testified that respondent's district office staff
the paperwork and
calculated the amount of annual leave time for these claims.
Coughlin testified that,
during his provisional employment, he took some days off. The
agreed that their
positions were classified within Civil Service. The claimants
that they were not furnished
copies of the Civil Service regulations by respondent during the
of time which is in dispute.
Section 16.03 of the Civil Service Rules and Regulations provides the
2. Annual leave shall be accorded provisional, intermittent,
part-time and temporary
(appointed from the register) employees. Such leave must be taken
to the expiration of the
period of appointment, unless immediately followed by an
from the register or be
The Civil Service Rules and Regulations clearly state the policy on
issue of annual leave time
for provisional employees, which policy applies to the claimants
For this reason, the
Court is of the opinion to, and does, disallow these claims.