OPINION ISSUED OCTOBER 1, 1986
WILLIAM C. TOOLEY
DEXTER 0. CALLEN
ALFRED E. KINCAID
(CC-85-142) PAUL E. THOMPSON
CHARLES E. WALKER
DEPARTMENT OF HIGHWAYS
Claimants appeared in person.
Nancy J. Aliff, Attorney at Law, for respondent.
Claims CC-85-139, CC-85-140, CC-85-142, CC-85-143 and CC-85-144,
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
terminated in January 1985. At the time of their termination, they
informed that they would
receive no compensation for the annual leave time which they had
employment. Claimants seek compensation for their accumulated
The claimants knew that their positions were classified within
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
respondent, testified that
provisional employees do not automatically attain permanent status
the end of the six months
of provisional status. He further testified that a provisional
must use the annual leave
before the provisional period expires. He had no knowledge of
informed of this regulation.
Section 16.03 of the Civil Service Rules and Regulations provides
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 state the policy on the
of annual leave time for
provisional employees, which policy applies to the claimants
this reason, the Court is
of the opinion to, and does, disallow these claims.