A-43056, JULY 8, 1932, 12 COMP. GEN. 9

A-43056, JULY 8, 1932, 12 COMP. GEN. 9

ECONOMY ACT - SUSPENSION OF ANNUAL LEAVE OF ABSENCE - GOVERNMENT PRINTING OFFICE THE TERM "ANNUAL LEAVE" IN SECTION 103 OF THE ACT OF JUNE 30, 1932, 47 STAT. 400, REFERS TO ALL ,VACATION" LEAVE OF ABSENCE WITH PAY AUTHORIZED BY LAW AND/OR REGULATION FOR EACH YEAR, WHETHER BASED ON THE CALENDAR, FISCAL, OR SERVICE YEAR, FOR PERSONAL PLEASURE, CONVENIENCE, OR BENEFIT OF THE OFFICER OR EMPLOYEE, BUT DOES NOT INCLUDE SICK, QUARANTINE, AND MILITARY LEAVE. RIGHTS TO ANNUAL LEAVE AS THUS DEFINED, INCLUDING THAT ACCRUED AND UNUSED PRIOR TO JULY 1, 1932, OR TO RECEIVE PAYMENT FOR UNUSED PORTION THEREOF UPON SEPARATION FROM THE SERVICE, AS WELL AS ALL BENEFITS INCIDENT THERETO, ARE SUSPENDED DURING THE FISCAL YEAR 1933, IRRESPECTIVE OF WHETHER THE LEAVE RIGHTS HERETOFORE HAVE BEEN GRANTED ABSOLUTELY BY STATUTE OR ALLOWED WITHIN ADMINISTRATIVE DISCRETION.

COMPTROLLER GENERAL MCCARL TO THE PUBLIC PRINTER, JULY 8, 1932:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF JUNE 23, 1932, AS FOLLOWS:

EMPLOYEES IN THE GOVERNMENT PRINTING OFFICE ARE NOT ALLOWED LEAVE OF ABSENCE WITH PAY DURING THE FISCAL YEAR IN WHICH APPOINTED. THEY EARN LEAVE DURING THAT YEAR AND IT IS GRANTED TO THEM IN THE SUCCEEDING YEAR. THEREFORE, ON JULY 1 OF EACH YEAR ALL EMPLOYEES HAVE TO THEIR CREDIT A DEFINITE AMOUNT OF LEAVE EARNED UP TO THAT TIME. THIS SO CALLED "EARNED" LEAVE HAS ALWAYS BEEN TREATED AS A DEFINITE ASSET WHICH BY LAW IS PAYABLE TO THE EMPLOYEE ON HIS SEPARATION FROM THE SERVICE OR TO HIS ESTATE ON HIS DEATH. IN THIS REGARD THE LEAVE TO WHICH EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE HAVE BEEN ENTITLED BY LAW IS ENTIRELY DIFFERENT FROM THE LEAVE ALLOWED EMPLOYEES IN THE DEPARTMENTAL SERVICE WHERE LEAVE WITH PAY IS NOT REGARDED AS AN "EARNED" RIGHT BUT IS PRIVILEGE GRANTED IN THE DISCRETION OF HEAD OF THE DEPARTMENT AND IS COINCIDENT WITH THE YEAR OF EMPLOYMENT, BUT NOT ALLOWABLE IN CASH TO THE EMPLOYEE OR HIS ESTATE.

AUTHORITY FOR LEAVE OF ABSENCE WITH PAY IN THE GOVERNMENT PRINTING OFFICE IS AS FOLLOWS:

"LEAVES OF ABSENCE.--- THE EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE, WHETHER EMPLOYED BY THE PIECE OR OTHERWISE, SHALL BE ALLOWED LEAVES OF ABSENCE WITH PAY TO THE EXTENT OF NOT EXCEEDING THIRTY DAYS IN ANY ONE FISCAL YEAR UNDER SUCH REGULATIONS AND AT SUCH TIMES AS THE PUBLIC PRINTER MAY DESIGNATE AT THE RATE OF PAY RECEIVED BY THEM DURING THE TIME IN WHICH SAID LEAVE WAS EARNED; BUT SUCH LEAVES OF ABSENCE SHALL NOT BE ALLOWED TO ACCUMULATE FROM YEAR TO YEAR. SUCH EMPLOYEES AS ARE ENGAGED ON PIECEWORK SHALL RECEIVE THE SAME RATE OF PAY FOR THE SAID THIRTY DAYS' LEAVE AS WILL BE PAID TO DAY HANDS.

"IT SHALL BE LAWFUL TO ALLOW PAY FOR PRO RATA LEAVE TO THOSE SERVING FRACTIONAL PARTS OF A EAR; ALSO TO ALLOW PAY FOR PRO RATA LEAVE OF ABSENCE TO EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE IN ANY FISCAL YEAR, NOTWITHSTANDING THE FACT THAT THIRTY DAYS' LEAVE OF ABSENCE, WITH PAY, MAY HAVE BEEN GRANTED TO SUCH EMPLOYEES IN THAT FISCAL YEAR ON ACCOUNT OF SERVICE RENDERED IN A PREVIOUS FISCAL YEAR.

"THE PUBLIC PRINTER IS AUTHORIZED TO PAY TO THE LEGAL REPRESENTATIVES OF ANY EMPLOYEES WHO MAY DIE, AND MAY HAVE ANY ACCRUED LEAVE OF ABSENCE DUE THEM AS SUCH EMPLOYEES, SAID CLAIMS TO BE PAID OUT OF ANY APPROPRIATIONS FOR LEAVES OF ABSENCE.' (U.S.C., TITLE 44, SEC. 45.)

IN VIEW OF THE PROVISIONS OF SECTIONS 103 AND 215 OF PART II OF THE LEGISLATIVE APPROPRIATION ACT FOR FISCAL YEAR 1933, WHEN AND IF IT BECOMES A LAW, THE FOLLOWING QUESTIONS ARISE:

1. ARE EMPLOYEES ENTITLED TO TAKE IN THE FISCAL YEAR 1933 THE LEAVE EARNED BY THEM IN THE FISCAL YEAR 1932 IN VIEW OF SUCH LEAVE HAVING BEEN EARNED BY THEM BEFORE THE ACT WAS PASSED SUSPENDING THE GRANTING OF LEAVE IN THE FISCAL YEAR 1933?

2. IF LEAVE EARNED BUT NOT TAKEN IN THE FISCAL YEAR 1932 MAY BE GRANTED IN THE FISCAL YEAR 1933, IS IT ALLOWABLE AT 30 DAYS ACCORDING TO THE LAW UNDER WHICH IT WAS EARNED (SUPRA) OR AT 15 DAYS AS PROVIDED FOR IN SECTION 215 OF THE LEGISLATIVE APPROPRIATION ACT FOR 1933?

3. IF THE LEAVE EARNED IN THE FISCAL YEAR 1932 CAN NOT BE GRANTED IN THE FISCAL YEAR, 1933, IS IT TO BE REGARDED AS A "SUSPENDED" RIGHT UNDER SECTION 103 FOR WHICH THE GOVERNMENT WILL HAVE TO MAKE PROPER PROVISION IN SOME SUBSEQUENT FISCAL YEAR, AND, IF SO, SHALL SUCH LEAVE BE CREDITED TO EMPLOYEES OR THEIR ESTATES AT THE RATE OF 30 OR 15 DAYS?

4. WILL IT BE PERMITTED TO PAY TO EMPLOYEES RESIGNING OR SEPARATED FROM THE SERVICE FOR ANY CAUSE, IN THE FISCAL YEAR 1933, 15 (OR 30) DAYS OF THE LEAVE EARNED IN FISCAL YEAR 1932 AND THE PRO RATA LEAVE EARNED IN FISCAL YEAR 1933 AT RATE OF 15 DAYS ANNUALLY?

5. WILL IT BE PERMITTED TO PAY TO THE LEGAL REPRESENTATIVE OF AN EMPLOYEE WHO MAY DIE IN FISCAL YEAR 1933, 15 (OR 30) DAYS' LEAVE EARNED IN FISCAL YEAR 1932 AND PRO RATA LEAVE EARNED IN FISCAL YEAR 1933?

6. MAY THE PUBLIC PRINTER GRANT LEAVE OF ABSENCE WITH PAY IN 1933 TO EMPLOYEES PROPERLY ENGAGED ON MILITARY OR NAVAL DUTY AND TRAINING AUTHORIZED UNDER EXISTING LAW?

THE ACT CONTAINING THE PROVISION ABOVE QUOTED AUTHORIZING LEAVE OF ABSENCE FOR EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE IS THE ACT OF JUNE 11, 1896, 29 STAT. 453.

SECTIONS 103 AND 104 OF THE ACT OF JUNE 30, 1932, PUBLIC NO. 212, 47 STAT. 400, PROVIDE, IN PART, AS FOLLOWS:

ALL RIGHTS NOW CONFERRED OR AUTHORIZED TO BE CONFERRED BY LAW UPON ANY OFFICER OR EMPLOYEE TO RECEIVE ANNUAL LEAVE OF ABSENCE WITH PAY ARE HEREBY SUSPENDED DURING THE FISCAL YEAR ENDING JUNE 30, 1933.

DEFINITIONS

SEC. 104. WHEN USED IN THIS TITLE---

(A) THE TERMS "OFFICER" AND "EMPLOYEE" MEAN ANY PERSON RENDERING SERVICES IN OR UNDER ANY BRANCH OR SERVICE OF THE UNITED STATES GOVERNMENT OR THE GOVERNMENT OF THE DISTRICT OF COLUMBIA, BUT DO NOT INCLUDE * * *.

ELEVEN EXCEPTIONS ARE MADE, NONE OF WHICH, IT IS UNDERSTOOD, APPLY TO EMPLOYEES UNDER THE GOVERNMENT PRINTING OFFICE INVOLVED IN YOUR SUBMISSION.

THE TERM "ANNUAL LEAVE" REFERS TO ALL "VACATION" LEAVE OF ABSENCE WITH PAY AUTHORIZED BY LAW AND/OR REGULATION FOR EACH YEAR, WHETHER BASED ON THE CALENDAR, FISCAL, OR SERVICE YEAR, FOR THE PERSONAL PLEASURE, CONVENIENCE, OR BENEFIT OF THE OFFICER OR EMPLOYEE, BUT DOES NOT INCLUDE SICK, QUARANTINE, AND MILITARY LEAVE. RIGHTS TO ANNUAL LEAVE, AS THUS DEFINED, AS WELL AS TO ALL BENEFITS INCIDENT THERETO, ARE SUSPENDED DURING THE FISCAL YEAR 1933, IRRESPECTIVE OF WHETHER THE LEAVE RIGHTS HERETOFORE HAVE BEEN GRANTED ABSOLUTELY BY STATUTE OR ALLOWED WITHIN ADMINISTRATIVE DISCRETION.

THE PLAIN PURPOSE OF THE ENACTMENT IS TO EFFECT A SAVING OR ECONOMY TO THE GOVERNMENT DURING THE FISCAL YEAR 1933, AND IT MUST BE CONSTRUED AND APPLIED TO EFFECTUATE THAT PURPOSE. IN THE ABSENCE OF ANY PROVISION IN THE STATUTE LIMITING THE SUSPENSION TO ANNUAL LEAVE WHICH WOULD BE EARNED OR ACCRUE DURING THE FISCAL YEAR 1933, THERE IS NO ALTERNATIVE BUT TO HOLD THAT THE SUSPENSION APPLIES ALSO TO RIGHTS TO ALL ANNUAL LEAVE ACCRUED OR EARNED AND UNUSED PRIOR TO JULY 1, 1932.

QUESTION (1) IS ANSWERED IN THE NEGATIVE, MAKING IT UNNECESSARY TO ANSWER QUESTION (2).

AS QUESTION (3) DOES NO INVOLVE A PAYMENT UNDER ANY EXISTING APPROPRIATION IT IS NOT PROPERLY BEFORE ME FOR DECISION AT THIS TIME. IS UNDERSTOOD THAT THERE IS NOW BEING KEPT A RECORD OF THE LEAVE ACCRUED OR EARNED AND SUCH RECORD NEED NOT BE DESTROYED OR DISCONTINUED.

QUESTIONS (4) AND (5) ARE ANSWERED IN THE NEGATIVE.

QUESTION (6) MAY BE ANSWERED BY STATING THAT THE RIGHT TO MILITARY LEAVE, AS THAT TERM IS COMMONLY UNDERSTOOD IN THE EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS, IS NOT AFFECTED BY THE ENACTMENT HERE UNDER CONSIDERATION.