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Leave of absence
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Posted on Aug 13 2005
The law requiring government employees to take a leave of absence from their government employment is part of the Public Compensation Act and is a mandate for the Director of Personnel and the Secretary of Finance.
All candidates for the 2005 general election have been certified. One candidate was certified on the condition that she submit, under the penalty of perjury, the testimony she voluntarily made to the Election Commission at the August 10th meeting.
The Public Compensation Act requires government employees, including independent contractors, to take a leave of absence from their employment beginning immediately upon certification and until such time that they are no longer candidates. The Director of Personnel and the Secretary of Finance are duty bound to ensure that these individuals not be paid for work unless such payment is for annual leave or that the employees be on leave without pay status. The law, additionally, does not require that a candidate receive notice before taking leave of absence. Sufficient notice was given to all candidates at the drawing for positions the early evening of August 10, 2005. No further notice is necessary for the Director of Personnel and the Secretary of Finance to begin enforcement of the Public Compensation Act. The candidates themselves know that they have been certified and that they are government employees.
Gregorio C. Sablan
Executive Director
Commonwealth Election Commission
