OPINION ISSUED OCTOBER 1, 1986
WILLIAM C. TOOLEY
(CC-85-139)
DEXTER 0. CALLEN
(CC-85-140)
ALFRED E. KINCAID
(CC-85-142) PAUL E. THOMPSON
(CC-85-143)
CHARLES E. WALKER
(CC-85-144)
VS.
DEPARTMENT OF HIGHWAYS
Claimants appeared in person.
Nancy J. Aliff, Attorney at Law, for respondent.
PER CURIAM:
Claims CC-85-139, CC-85-140, CC-85-142, CC-85-143 and CC-85-144,
filed
by
William C. Tooley, Dexter 0. Callen, Alfred E. Kincaid, Paul E.
Thompson, and Charles E.
Walker, were consolidated for hearing.
In 1984, claimants were employed by respondent as provisional
employees. As such, each
claimant accumulated annual leave time for each month of
employment.
Their employment
terminated in January 1985. At the time of their termination, they
were
informed that they would
receive no compensation for the annual leave time which they had
accrued
during their
employment. Claimants seek compensation for their accumulated
annual
leave.
The claimants knew that their positions were classified within
Civil
Service, although they were
not furnished copies of the Civil Service regulations by respondent
during the period of time
which is in dispute.
Perry Patrick Dotson, Assistant Director of the Personnel Division
of
respondent, testified that
provisional employees do not automatically attain permanent status
at
the end of the six months
of provisional status. He further testified that a provisional
employee
must use the annual leave
before the provisional period expires. He had no knowledge of
whether
claimants were
informed of this regulation.
Section 16.03 of the Civil Service Rules and Regulations provides
the
following:
(d) Coverage
2.Annual leave shall be accorded provisional, intermittent,
irregular
part-time and temporary
(appointed from the register) employees. Such leave must be taken
prior
to the expiration of the
period of appointment, unless immediately followed by an
appointment
from the register or be
forfeited.
The Civil Service Rules and Regulations state the policy on the
issue
of annual leave time for
provisional employees, which policy applies to the claimants
herein. For
this reason, the Court is
of the opinion to, and does, disallow these claims.
Claims disallowed.
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