Maldonado v. Puerto Rico Housing Authority

87 P.R. 429
CourtSupreme Court of Puerto Rico
DecidedFebruary 26, 1963
DocketNo. 12528
StatusPublished

This text of 87 P.R. 429 (Maldonado v. Puerto Rico Housing Authority) is published on Counsel Stack Legal Research, covering Supreme Court of Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Maldonado v. Puerto Rico Housing Authority, 87 P.R. 429 (prsupreme 1963).

Opinions

Mr. Justice Davila

delivered the opinion of the Court.

Section 28 of the Personnel Act, Act No. 345 of May 12, 1947 (3 L.P.R.A. § 668), provides that:

“All employees in the competitive and non-competitive services, except emergency employees, shall be entitled to leave of absence and vacation at the rate of two and one-half days for each month of service, and to sick leave at the rate of one and one-half days for each month of service, excluding in both cases Sundays and legal holidays. The appointing authority shall, in agreement with the employees, determine the date on which the latter shall enjoy their annual leave during the course of any one year, in the manner most compatible with the needs of the service; Provided, That each employee shall be entitled to said leave during a period of not less than fifteen (15) consecutive days.
“The rules shall provide for the hours of work, holidays, attendance regulations and leaves of absence and sick leaves, as well as special leaves for a just cause, with or without pay, as the case may be.”

The Personnel Regulation approved on September 9, 1952 under the authority of the above-quoted section—3 R.&R.P.R. § 647-114—provides in its subdivisions (b) and (c) as follows:

“ (b) Employees who fail to take the vacation leave granted by the Act, may accumulate same up to a maximum of sixty (60) working days at the end of any one year.
“(c) The appointing authorities may grant a vacation leave in excess of thirty (30) days in any one year to employees who have accumulated leave as provided in (b) above. However, the vacation leave may not exceed sixty (60) working days in any one calendar year.”

Plaintiff herein rendered services for more than five years to defendant, an agency of the Commonwealth. On July 15, [431]*4311955 he began to enjoy vacation leave he had accumulated at the end of which he would cease in the functions of his office. On July 15 he had accumulated 63days, at the rate of 2 ½ days for each month of service. He was only granted 55 days because during the year 1955 he had enjoyed a 5-day leave. Plaintiff alleges that he has a right to enjoy the 8½ days in excess of the leave granted. He also maintains, that he should be granted leave corresponding to the vacation he has a right to enjoy before his resignation takes effect.

The trial court sustained petitioner’s first contention but not the second. Plaintiff and defendant appealed to this Court.

Plaintiff’s contention, with which the trial judge was in agreement, is to the effect that § 28 of the Personnel Act, copied above, does not limit the number of days that an employee may accumulate in order to enjoy vacation leave and that the reglamentary regulation which limits them to 60 days is against the clear provision of the law.

It is a cardinal principle of hermeneutics that words, the language of a law, must be given the interpretation which validates the intent of the Legislature upon approving the measure. Having stated this principle, we shall turn to the question raised.

The purpose of the provision under consideration— § 28 of the Personnel Act—is to grant the employee a period of rest which periodically helps him to recover the strength drained by daily toil, as well as to provide him with the opportunity to share more intensely with his family a reasonable period of annual vacation. It is his only opportunity to enjoy the company of his family during the entire day for a reasonable period. It is one more milestone in the struggle for the emancipation of the wage earners. It is another step in the redemption which began in Australia around the middle of the last century when James Galloway succeeded in [432]*432introducing the 8-hour working day. See Communications Authority v. Superior Court, ante, p. 1.

In the opinion delivered in the case of Butler v. United States, 101 Ct. Cl. 641 (1944), the purpose of this legislation is stated as follows:

“As this court held more than 50 years ago, annual leave is not a congressional device to increase an employee’s pay, but is granted in the nature of a refresher, to afford surcease from an employee’s labors for the common weal and to enable him to come back with fresh zeal to carry on in his country’s service. As Judge Nott expressed it in Harrison v. United States, 26 Ct. Cls. 259, 269, annual leave was intended ‘to secure to the individual employé a vacation for refreshment and recuperation.’ It was never designed as a bonus upon separation from the service. . .”

See Harrison v. United States, 26 Ct. Cl. 259 (1891) ; Nicholson v. Amar, 45 P.2d 697 (Cal. 1935) ; Rodó, El Mirador de Próspero, El Trabajo Obrero en el Uruguay, Obras Completas, edited by Rodríguez Monegal, p. 637, 643 (Madrid 1957).

That, we repeat, is precisely the purpose of this legislation : to provide an annual period of rest to the employee. It is not the legislative intention to permit the employee to work year after year without rest, so that at the end of a long period of service he may have the right to enjoy a long vacation. If this were allowed the purpose of the legislator in approving the law would be destroyed: periodical rest to the employee with the opportunity to share a reasonable period of vacation with his family during entire days. If vacations were allowed to accumulate indefinitely, the employee, upon ceasing in his office, could enjoy all the accumulated vacation with pay, and nothing would prevent him from taking up another employment with a private employer during that period, never enjoying the rest which the Legislative Assembly believes should be enjoyed as a matter of public interest, since in the policy established by the legislator for the enjoyment of vacation is involved not only the welfare of the employee [433]*433and his family, but also that of the community in general. As stated by Rodó in the afore-mentioned essay: “It would be fallacious to maintain that in the worker who sacrifices his life or his health for the excess of work, there is nothing but an individual interest, to which the State must remain indifferent.”

Bearing in mind the purpose underlying the legislation considered in this case, we shall turn to examine the provision in dispute. After establishing the law that the employees “shall be entitled to leave of absence and vacation at the rate of two and one-half days for each month of service” that is, 30 days per year, it is provided that “The appointing authority shall, in agreement with the employees, determine the date on which the latter shall enjoy their annual leave during the course of any one year.'” (Italics ours.) Thus, we see that the law expressly provides that the appointing authority shall come to an agreement with the employees in order to fix their annual leave in the course of every year. Taking into account the purpose of the law, it is significant that the legislator makes reference to the enjoyment of annual vacation during the course of every year. There is nothing in this language which could be interpreted as authorizing the employee to accumulate year after year the vacations granted by the law.

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Related

United States v. Leffler
36 U.S. 86 (Supreme Court, 1837)
Miller v. United States
294 U.S. 435 (Supreme Court, 1935)
Nicholson v. Amar
45 P.2d 697 (California Court of Appeal, 1935)
Harrison v. United States
26 Ct. Cl. 259 (Court of Claims, 1891)
Butler v. United States
101 Ct. Cl. 641 (Court of Claims, 1944)

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Bluebook (online)
87 P.R. 429, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maldonado-v-puerto-rico-housing-authority-prsupreme-1963.