A-76949, JULY 2, 1936, 16 COMP. GEN. 1
Highlights
WHO ARE PAID AND EMPLOYED UNDER THE SAME CONDITIONS AS REGULAR EMPLOYEES OF THE DEPARTMENT. ARE ENTITLED TO ANNUAL AND SICK LEAVE WITH PAY UNDER THE ACTS OF MARCH 14. MAY BE GRANTED SUCH LEAVE WHETHER ACCRUED WHILE EMPLOYED UNDER A REGULAR APPROPRIATION OR UNDER A WORK-RELIEF APPROPRIATION PROVIDED THERE IS NO BREAK IN THE SERVICE. ARE ENTITLED TO SICK AND ANNUAL LEAVE OF ABSENCE WITH PAY WHILE WORKING ON SUCH PROJECT. YOU STATE THAT THERE ARE 45 BOAT BUILDERS AND 11 PER DIEM EMPLOYEES WORKING ON SUCH PROJECT. THAT THEY ARE NOT PAID SECURITY WAGES BUT ARE PAID THE SAME WAGES AND EMPLOYED UNDER THE SAME CONDITIONS AS THE REGULAR EMPLOYEES AT THE COAST GUARD DEPOT. THAT THEY HAVE A CIVIL-SERVICE STATUS AND WERE EITHER IN A FURLOUGH STATUS AT THE TIME THEY WERE EMPLOYED ON THE WORK-RELIEF PROJECT OR WERE SWITCHED FROM A REGULAR APPROPRIATION PROJECT TO THE WORK-RELIEF PROJECT.
A-76949, JULY 2, 1936, 16 COMP. GEN. 1
LEAVES OF ABSENCE - ANNUAL AND SICK - ACTS OF MARCH 14, 1936 EMPLOYEES WORKING ON A WORK-RELIEF PROJECT, UNDER A DEPARTMENT, WHO ARE PAID AND EMPLOYED UNDER THE SAME CONDITIONS AS REGULAR EMPLOYEES OF THE DEPARTMENT, ARE ENTITLED TO ANNUAL AND SICK LEAVE WITH PAY UNDER THE ACTS OF MARCH 14, 1936, 49 STAT. 1161 AND 1162, RESPECTIVELY, AND MAY BE GRANTED SUCH LEAVE WHETHER ACCRUED WHILE EMPLOYED UNDER A REGULAR APPROPRIATION OR UNDER A WORK-RELIEF APPROPRIATION PROVIDED THERE IS NO BREAK IN THE SERVICE.
ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE TREASURY, JULY 2, 1936:
CONSIDERATION HAS BEEN GIVEN YOUR LETTER OF JUNE 15, 1936, REQUESTING DECISION WHETHER EMPLOYEES WORKING ON THE WORK-RELIEF PROJECT AT THE COAST GUARD DEPOT, CURTIS BAY, MD., ARE ENTITLED TO SICK AND ANNUAL LEAVE OF ABSENCE WITH PAY WHILE WORKING ON SUCH PROJECT.
YOU STATE THAT THERE ARE 45 BOAT BUILDERS AND 11 PER DIEM EMPLOYEES WORKING ON SUCH PROJECT; THAT THEY ARE NOT PAID SECURITY WAGES BUT ARE PAID THE SAME WAGES AND EMPLOYED UNDER THE SAME CONDITIONS AS THE REGULAR EMPLOYEES AT THE COAST GUARD DEPOT, COMPARABLE WITH NAVY YARD EMPLOYEES; THAT THEY HAVE A CIVIL-SERVICE STATUS AND WERE EITHER IN A FURLOUGH STATUS AT THE TIME THEY WERE EMPLOYED ON THE WORK-RELIEF PROJECT OR WERE SWITCHED FROM A REGULAR APPROPRIATION PROJECT TO THE WORK-RELIEF PROJECT; AND THAT THE SITUATION IS SUCH AT THE COAST GUARD DEPOT THAT IT IS OFTENTIMES NECESSARY TO HAVE SUCH EMPLOYEES WORKING A PORTION OF A WEEK ON A WORK- RELIEF PROJECT AND THE REMAINDER OF THE WEEK ON A PROJECT FINANCED FROM REGULAR APPROPRIATIONS.
YOU ASK THE ADDITIONAL QUESTION WHETHER SUCH EMPLOYEES ARE ENTITLED WHILE WORKING ON SUCH WORK-RELIEF PROJECTS TO BE GRANTED SICK OR ANNUAL LEAVE WITH PAY WHICH ACCRUED WHILE THEY WERE WORKING ON PROJECTS FINANCED FROM REGULAR APPROPRIATIONS.
IT APPEARS THAT THE WORK-RELIEF PROJECT IN QUESTION WAS APPROVED BY THE PRESIDENT BY LETTER DATED JULY 12, 1935, AS A TREASURY DEPARTMENT PROJECT AND THE FUNDS WERE ALLOCATED "TO THE TREASURY DEPARTMENT, THE COAST GUARD" AND THAT THE EMPLOYEES IN QUESTION ARE PAID IN WHOLE OR IN PART FROM THE EMERGENCY FUNDS THUS ALLOCATED, AND ARE APPOINTED BY OR UNDER THE DIRECTION OF THE SECRETARY OF THE TREASURY. UNDER SUCH CIRCUMSTANCES THE EMPLOYEES ARE "CIVILIAN OFFICERS AND EMPLOYEES OF THE UNITED STATES" AND ENTITLED TO SICK AND ANNUAL LEAVE OF ABSENCE WITH PAY UNDER THE ANNUAL AND SICK LEAVE ACTS OF MARCH 14, 1936, 49 STAT. 1161 AND 1162, RESPECTIVELY, SUBJECT, OF COURSE, TO ANY LIMITATION PRESCRIBED BY REGULATIONS TO BE ISSUED BY THE PRESIDENT.
ACCORDINGLY, THE EMPLOYEES REFERRED TO IN YOUR LETTER ARE ENTITLED TO SICK AND ANNUAL LEAVE OF ABSENCE WITH PAY AND LEAVE ACCRUING FOR SERVICE PAID FOR UNDER A REGULAR APPROPRIATION MAY BE GRANTED WHILE WORKING ON WORK-RELIEF PROJECTS (AND VICE VERSA) PROVIDED THERE IS NO BREAK IN THE SERVICE.