A-12384, JANUARY 14, 1926, 5 COMP. GEN. 477

A-12384: Jan 14, 1926

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" ARE ENTITLED TO ANNUAL AND SICK LEAVE OF ABSENCE WITH PAY UNDER RULES GOVERNING LEAVE OF ABSENCE OF POSTAL SERVICE EMPLOYEES GENERALLY. 1926: I HAVE YOUR LETTER OF DECEMBER 15. THE EMPLOYEES IN QUESTION ARE NOT ENGAGED DIRECTLY IN DUTIES IN CONNECTION WITH THE ACTUAL WORK OF THE POSTAL SERVICE. - THAT IS. THE QUESTION TO BE DETERMINED IS WHETHER THE EMPLOYEES UNDER CONSIDERATION ARE EMPLOYEES OF THE POSTAL SERVICE WITHIN THE MEANING OF SECTION 11 OF THE ACT OF FEBRUARY 28. THE EMPLOYEES ARE APPOINTED UNDER THE AUTHORITY OF THE POST OFFICE DEPARTMENT IN CONFORMITY WITH CIVIL SERVICE REQUIREMENTS AND THEIR COMPENSATION IS PAID FROM AN APPROPRIATION FOR THE POSTAL SERVICE. THOUGH THEY ARE NOT ENGAGED IN THE ACTUAL HANDLING AND CUSTODY OF MAIL.

A-12384, JANUARY 14, 1926, 5 COMP. GEN. 477

LEAVE OF ABSENCE, ANNUAL AND SICK - POSTAL SERVICE EMPLOYEES ELEVATOR CONDUCTORS AND JANITORS HIRED FOR SERVICE IN LEASED QUARTERS BY THE POST OFFICE DEPARTMENT IN CONFORMITY WITH CIVIL SERVICE REQUIREMENTS AND PAID FROM THE APPROPRIATION ,MISCELLANEOUS ITEMS, FIRST AND SECOND CLASS POST OFFICES," ARE ENTITLED TO ANNUAL AND SICK LEAVE OF ABSENCE WITH PAY UNDER RULES GOVERNING LEAVE OF ABSENCE OF POSTAL SERVICE EMPLOYEES GENERALLY.

COMPTROLLER GENERAL MCCARL TO THE POSTMASTER GENERAL, JANUARY 14, 1926:

I HAVE YOUR LETTER OF DECEMBER 15, 1925, REQUESTING DECISION WHETHER ELEVATOR CONDUCTORS AND JANITORS HIRED FOR SERVICE IN LEASED QUARTERS AND PAID FROM THE APPROPRIATION "MISCELLANEOUS ITEMS, FIRST AND SECOND CLASS POST OFFICES" MAY LEGALLY BE GRANTED THE ANNUAL AND SICK LEAVE OF ABSENCE WITH PAY AUTHORIZED TO EMPLOYEES IN THE POSTAL SERVICE BY SECTION 11 OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1064, WHICH PROVIDES:

EMPLOYEES IN THE POSTAL SERVICE SHALL BE GRANTED FIFTEEN DAYS' LEAVE OF ABSENCE WITH PAY EXCLUSIVE OF SUNDAYS AND HOLIDAYS, EACH FISCAL YEAR, AND SICK LEAVE WITH PAY AT THE RATE OF TEN DAYS A YEAR, EXCLUSIVE OF SUNDAYS AND HOLIDAYS, TO BE CUMULATIVE BUT NO SICK LEAVE WITH PAY IN EXCESS OF THIRTY DAYS SHALL BE GRANTED DURING ANY ONE FISCAL YEAR. SICK LEAVE SHALL BE GRANTED ONLY UPON SATISFACTORY EVIDENCE OF ILLNESS IN ACCORDANCE WITH REGULATIONS TO BE PRESCRIBED BY THE POSTMASTER GENERAL.

THE FIFTEEN DAYS' LEAVE SHALL BE CREDITED AT THE RATE OF ONE AND ONE- QUARTER DAYS FOR EACH MONTH OF ACTUAL SERVICE.

THE EMPLOYEES IN QUESTION ARE NOT ENGAGED DIRECTLY IN DUTIES IN CONNECTION WITH THE ACTUAL WORK OF THE POSTAL SERVICE--- THAT IS, IN THE ACTUAL HANDLING AND CUSTODY OF MAIL--- BUT PERFORM DUTIES SIMILAR TO THE WORK PERFORMED BY EMPLOYEES OF THE CUSTODIAL SERVICE IN FEDERAL BUILDINGS UNDER CONTROL OF THE TREASURY DEPARTMENT. THE QUESTION TO BE DETERMINED IS WHETHER THE EMPLOYEES UNDER CONSIDERATION ARE EMPLOYEES OF THE POSTAL SERVICE WITHIN THE MEANING OF SECTION 11 OF THE ACT OF FEBRUARY 28, 1925.

THE EMPLOYEES ARE APPOINTED UNDER THE AUTHORITY OF THE POST OFFICE DEPARTMENT IN CONFORMITY WITH CIVIL SERVICE REQUIREMENTS AND THEIR COMPENSATION IS PAID FROM AN APPROPRIATION FOR THE POSTAL SERVICE. THOUGH THEY ARE NOT ENGAGED IN THE ACTUAL HANDLING AND CUSTODY OF MAIL, THEY ARE NEVERTHELESS EMPLOYED IN CONNECTION WITH AN AUTHORIZED ACTIVITY OF THE POSTAL SERVICE AND PAID FROM A POSTAL SERVICE APPROPRIATION. ACCORDINGLY, SAID EMPLOYEES PROPERLY MAY BE REGARDED AS EMPLOYEES OF THE POSTAL SERVICE WITHIN THE MEANING OF SECTION 11 OF THE ACT OF FEBRUARY 28, 1925, AND ARE, THEREFORE, ENTITLED TO ANNUAL AND SICK LEAVE WITH PAY AS SET FORTH IN SAID SECTION UNDER SUCH REGULATIONS AS MAY HAVE BEEN PRESCRIBED AS AUTHORIZED IN THE SECTION QUOTED.