A-11944, MARCH 22, 1926, 5 COMP. GEN. 752

A-11944: Mar 22, 1926

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LEAVE OF ABSENCE - GOVERNMENT PRINTING OFFICE EMPLOYEES AN EMPLOYEE OF THE GOVERNMENT PRINTING OFFICE WHO APPLIED FOR DISABILITY RETIREMENT WHILE ABSENT FROM HIS DUTIES ON ACCOUNT OF PERSONAL ILLNESS IS NOT ENTITLED TO LEAVE OF ABSENCE WITH PAY FOR ANY PERIOD SUBSEQUENT TO THE DATE FIXED BY REGULATION OF THE PUBLIC PRINTER AS HIS FINAL SEPARATION FROM THE SERVICE. WHEREBY WAS DISALLOWED HIS CLAIM FOR PAY FOR FIVE DAYS' LEAVE AS AN EMPLOYEE OF THE GOVERNMENT PRINTING OFFICE. ALLEGED TO HAVE ACCRUED DURING THE PERIOD SEPTEMBER 23 TO NOVEMBER 28. IT APPEARS THAT CLAIMANT'S LAST DAY OF ACTUAL SERVICE WAS SEPTEMBER 18. THAT HE WAS PAID FOR FULL TIME FOR THE PAY PERIOD ENDED SEPTEMBER 23. 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.

A-11944, MARCH 22, 1926, 5 COMP. GEN. 752

LEAVE OF ABSENCE - GOVERNMENT PRINTING OFFICE EMPLOYEES AN EMPLOYEE OF THE GOVERNMENT PRINTING OFFICE WHO APPLIED FOR DISABILITY RETIREMENT WHILE ABSENT FROM HIS DUTIES ON ACCOUNT OF PERSONAL ILLNESS IS NOT ENTITLED TO LEAVE OF ABSENCE WITH PAY FOR ANY PERIOD SUBSEQUENT TO THE DATE FIXED BY REGULATION OF THE PUBLIC PRINTER AS HIS FINAL SEPARATION FROM THE SERVICE, VIZ, THE LAST DAY OF THE EMPLOYEE'S LAST WORKING DAY PERIOD.

DECISION BY COMPTROLLER GENERAL MCCARL, MARCH 22, 1926:

EDWARD M. DECKER APPLIED OCTOBER 15, 1925, FOR REVIEW OF SETTLEMENT NO. 09946, DATED SEPTEMBER 15, 1925, WHEREBY WAS DISALLOWED HIS CLAIM FOR PAY FOR FIVE DAYS' LEAVE AS AN EMPLOYEE OF THE GOVERNMENT PRINTING OFFICE, ALLEGED TO HAVE ACCRUED DURING THE PERIOD SEPTEMBER 23 TO NOVEMBER 28, 1924.

IT APPEARS THAT CLAIMANT'S LAST DAY OF ACTUAL SERVICE WAS SEPTEMBER 18, 1924, AND THAT HE WAS PAID FOR FULL TIME FOR THE PAY PERIOD ENDED SEPTEMBER 23, 1924, HIS ABSENCE ON ACCOUNT OF SICKNESS FROM SEPTEMBER 19 TO 23, INCLUSIVE, BEING CHARGED TO UNUSED LEAVE EARNED DURING THE PRECEDING FISCAL YEAR. HE RECEIVED NO PAY THEREAFTER UNTIL THE PAYMENT MADE IN JUNE, 1925, HEREINAFTER MENTIONED.

THE ACT OF JUNE 11, 1896, 29 STAT. 453, PROVIDES:

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. * * * AND PROVIDED FURTHER, THAT IT SHALL BE LAWFUL TO ALLOW PAY FOR PRO RATA LEAVE TO THOSE SERVING FRACTIONAL PARTS OF A YEAR; 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. * * *

UNDER THE AUTHORITY OF THE ACT CITED, LEAVE REGULATIONS HAVE BEEN PROMULGATED BY THE PUBLIC PRINTER WHICH, SO FAR AS HERE APPLICABLE, PROVIDE AS FOLLOWS:

EMPLOYEES ARE ALLOWED BY LAW 30 DAYS' LEAVE WITH PAY IN A FISCAL YEAR. THIS LEAVE IS EARNED AT THE RATE OF 2 1/2 DAYS PER MONTH IN ONE FISCAL YEAR AND TAKEN WITHIN THE FOLLOWING FISCAL YEAR. RATES FOR LEAVES OF ABSENCE ARE BASED ON THE RATE OF PAY AN EMPLOYEE RECEIVES WHILE EARNING HIS LEAVE.

* * * EMPLOYEES GOING ON LEAVE ARE PAID IN ADVANCE FOR LEAVES OF ABSENCE

THE ACT OF JUNE 11, 1896, SUPRA, GRANTS LEAVE OF ABSENCE WITH PAY UNDER SUCH REGULATIONS AS THE PUBLIC PRINTER MAY DESIGNATE. PURSUANT TO THE AUTHORITY THUS CONFERRED, THE PUBLIC PRINTER ON AUGUST 1, 1924, PRESCRIBED REGULATIONS CONTAINING PROVISIONS AS FOLLOWS:

1. AN EMPLOYEE WHO HAS BEEN ABSENT ON LEAVE WITHOUT PAY FOR 30 WORKING DAYS (CONSECUTIVELY OR OTHERWISE) IN ONE FISCAL YEAR SHALL BE DROPPED FROM THE ROLLS AT EXPIRATION OF SAID 30 DAYS, UNLESS STATUS AS AN EMPLOYEE IS REESTABLISHED BY A BONA FIDE RETURN TO WORK ON OR BEFORE THE EXPIRATION OF THAT TIME AND RESUMPTION OF DUTIES FOR A PERIOD OF NOT LESS THAN 6 CONSECUTIVE WORKING DAYS, OR AN EXTENSION OF LEAVE WITHOUT PAY HAS BEEN APPLIED FOR ON ACCOUNT OF SERIOUS ILLNESS OR OTHER EQUALLY SUFFICIENT REASON AND GRANTED BY THE PUBLIC PRINTER. THE GRANTING OF SUCH EXTENSION WILL BE MERELY FOR THE PURPOSE OF NOMINALLY RETAINING THE EMPLOYEE'S NAME ON THE ROLLS IN A NONPAY STATUS FOR ALL PURPOSES, INCLUDING NONPAYMENT FOR LEGAL AND EXECUTIVE ORDER HOLIDAYS OCCURRING DURING THE PERIOD OF SUCH NOMINAL RETENTION.

2. ANNUAL LEAVE OF ABSENCE SHALL NOT BE ALLOWED TO ACCRUE, NOR SHALL PAY BE ALLOWED FOR EXECUTIVE ORDER HOLIDAYS OR HALF HOLIDAYS FOR ANY PERIOD OF LEAVE WITHOUT PAY, * * *.

IT APPEARS THAT ON JUNE 30, 1924, CLAIMANT HAD 30 DAYS' ACCRUED LEAVE EARNED DURING THE FISCAL YEAR 1924. ON JULY 5, 1924, HE WAS EXCUSED FOUR HOURS WHICH REDUCED THE ACCRUED LEAVE TO 29 1/2 DAYS. CLAIMANT WORKED DURING THE REST OF JULY, AUGUST, AND UP TO AND INCLUDING SEPTEMBER 18. WAS SICK ON SEPTEMBER 19 TO 23, INCLUSIVE, AND HIS ILLNESS CONTINUED FOR SOME MONTHS THEREAFTER.

EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE ARE NOT ENTITLED TO SICK LEAVE IN ADDITION TO THE ANNUAL LEAVE AUTHORIZED UNDER THE ACT OF JUNE 11, 1896, SUPRA, AND WHEN AN EMPLOYEE IS OBLIGED TO BE ABSENT ON ACCOUNT OF ILLNESS THE TIME LOST IS CHARGED AGAINST HIS ACCRUED ANNUAL LEAVE. THIS WAS DONE IN CLAIMANT'S CASE FOR THE FOUR DAYS FROM SEPTEMBER 19 TO 23, INCLUSIVE, FOR WHICH HE WAS PAID ON SEPTEMBER 23, 1924.

ON SEPTEMBER 27, 1924, CLAIMANT APPLIED TO THE COMMISSIONER OF PENSIONS FOR RETIREMENT ON ACCOUNT OF DISABILITY, WHICH APPEARS TO HAVE BEEN DENIED ON JUNE 12, 1925. PENDING THE DECISION BY THE COMMISSIONER OF PENSIONS PAYMENT WAS NOT MADE TO CLAIMANT FOR HIS ACCRUED LEAVE. ON APRIL 7 AND 15, 1925, CLAIMANT WAS NOTIFIED BY THE GOVERNMENT PRINTING OFFICE THAT ON NOVEMBER 27, 1924, HE HAD BEEN ON LEAVE WITHOUT PAY FOR 30 WORKING DAYS, AND, ACCORDINGLY, UNDER THE RULE OF AUGUST 1, 1924, QUOTED, SUPRA, HIS NAME WOULD BE DROPPED FROM THE ROLLS EFFECTIVE NOVEMBER 28, 1924. ON JUNE 12, 1925, CLAIMANT WAS NOTIFIED THAT THE LETTERS OF APRIL 7 AND 15 WERE IN ERROR AND THAT SEPTEMBER 23, 1924, THE DATE OF THE LAST PAYMENT MADE TO HIM FOR SERVICE, WAS THE DATE OF HIS SEPARATION FROM THE SERVICE. ON JUNE 19, 1925, CLAIMANT WAS PAID FOR 25 1/2 DAYS AS FOR LEAVE EARNED IN THE FISCAL YEAR 1924, AND FOR 7 DAYS AS FOR PRO RATA LEAVE ACCRUED IN THE FISCAL YEAR 1925.

THE PAYMENT FOR ONLY 7 DAYS AS FOR PRO RATA LEAVE ACCRUED IN THE FISCAL YEAR 1925 WAS FOR THE PERIOD JULY 1 TO SEPTEMBER 23, 1924, BASED ON THE GENERAL RULE ADOPTED BY THE PUBLIC PRINTER THAT EMPLOYEES WHO APPLY FOR DISABILITY RETIREMENT WHILE ON LEAVE OF ABSENCE ARE CONSIDERED AS FINALLY SEPARATED FROM THE SERVICE AS OF THE LAST DAY OF THEIR LAST WORKING PAY PERIOD, WHICH IN THIS CASE WAS SEPTEMBER 23, 1924. AS THE GRANTING OF LEAVE OF ABSENCE WITH OR WITHOUT PAY IS PROVIDED BY LAW TO BE BASED ON THE REGULATIONS ISSUED BY THE PUBLIC PRINTER, IT NATURALLY FOLLOWS THAT THE EFFECTIVE DATE OF AN EMPLOYEE'S SEPARATION FROM THE SERVICE WHILE ON LEAVE OF ABSENCE WITH OR WITHOUT PAY MAY BE FIXED BY ADMINISTRATIVE RULE OR REGULATION. LEAVE OF ABSENCE WITH PAY DOES NOT ACCRUE FOR ANY PERIOD AFTER FINAL SEPARATION FROM THE SERVICE. ACCORDINGLY, CLAIMANT HAS RECEIVED PAYMENT FOR THE ENTIRE PERIOD OF LEAVE OF ABSENCE WITH PAY ACCRUED PRIOR TO HIS FINAL SEPARATION FROM THE SERVICE AND IS NOT ENTITLED TO ADDITIONAL PAYMENT FOR LEAVE OF ABSENCE SUBSEQUENT THERETO. THE SETTLEMENT IS SUSTAINED.