Number 15 October 2, 1973

Number 15 October 2, 1973 The Honorable Nicholas L. Metaxas Commissioner Department of Corporations and Taxation 100 Cambridge Street Boston, Massachusetts 02204 Dear Commissioner Metaxas: You have requested my opinion concerning the status of an employee of your department during the time when he is on leave of absence from your department and commencing employment with the Federal service. You have stated that the employee is seeking a leave of absence from September 24, 1973 through November 12, 1973 (representing thirty-four days accumulated vacation leave), and that he is to begin Federal em- ployment on October 8, 1973. You ask "whether said employee can be on vacation leave, with pay, during a period of time when he will also be on a Federal payroll —?" While a prohibition exists against a person receiving more than one salary from the Commonwealth at the same time (G.L.c.30 sec. 21), there is no prohibition against Federal service by a person on leave of absence from Commonwealth service. This is particularly true in this case where the monies to be paid by the Commonwealth have already been earned by accumulated vacation days. Very truly yours, ROBERT H. QUINN Attorney General