A-15337, SEPTEMBER 3, 1926, 6 COMP. GEN. 178

A-15337: Sep 3, 1926

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

IS NOT ENTITLED TO LEAVE OF ABSENCE WITH PAY FOR THE TIME HE IS ORDERED TO TRAINING DUTY AS A MEMBER OF THE OFFICERS' RESERVE CORPS. IS ENTITLED TO COMPENSATION FOR THE PERIOD JULY 1 TO 15. WHEN HE WAS ON LEAVE OF ABSENCE ENGAGED IN TRAINING AS A MEMBER OF THE OFFICERS' RESERVE CORPS. IT HAS BEEN HELD THAT TEMPORARY EMPLOYEES ARE NOT ENTITLED TO LEAVE WITH PAY UNDER THE ACT OF AUGUST 29. THESE DECISIONS WERE BASED UPON THE PRINCIPLE THAT A LEAVE OF ABSENCE WITH PAY IS INCONSISTENT WITH TEMPORARY EMPLOYMENT. THE GRANTING OF LEAVE FROM THEIR CIVILIAN OCCUPATIONS IN THE GOVERNMENT SERVICE TO MEMBERS OF THE OFFICERS' RESERVE CORPS WHEN ORDERED TO TRAINING DUTY APPEARS TO BE MANDATORY BUT IT DOES NOT NECESSARILY FOLLOW THAT THE EMPLOYEE IS ENTITLED TO CIVILIAN PAY WHILE NOT PERFORMING THE DUTIES OF HIS CIVILIAN POSITION. 1 COMP.

A-15337, SEPTEMBER 3, 1926, 6 COMP. GEN. 178

LEAVE OF ABSENCE - MILITARY - TEMPORARY EMPLOYEES AN EMPLOYEE OF THE RECLAMATION SERVICE, APPOINTED TEMPORARILY UNDER SECTION 4 OF RULE VIII OF THE CIVIL SERVICE COMMISSION, IS NOT ENTITLED TO LEAVE OF ABSENCE WITH PAY FOR THE TIME HE IS ORDERED TO TRAINING DUTY AS A MEMBER OF THE OFFICERS' RESERVE CORPS.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE INTERIOR, SEPTEMBER 3, 1926:

THERE HAS BEEN RECEIVED YOUR REQUEST OF AUGUST 9, 1926, FOR A DECISION OF THE QUESTION WHETHER ALAN B. SHELDON, EMPLOYED IN THE RECLAMATION SERVICE, AS A SENIOR ENGINEERING DRAFTSMAN UNDER SECTION 4 OF THE CIVIL SERVICE RULE VIII, IS ENTITLED TO COMPENSATION FOR THE PERIOD JULY 1 TO 15, INCLUSIVE, WHEN HE WAS ON LEAVE OF ABSENCE ENGAGED IN TRAINING AS A MEMBER OF THE OFFICERS' RESERVE CORPS.

THE ACT OF MAY 12, 1917, 40 STAT. 72, PROVIDES:

* * * THAT ALL OFFICERS AND EMPLOYEES OF THE UNITED STATES OR OF THE DISTRICT OF COLUMBIA WHO SHALL BE MEMBERS OF THE OFFICERS' RESERVE CORPS SHALL BE ENTITLED TO LEAVE OF ABSENCE FROM THEIR RESPECTIVE DUTIES, WITHOUT LOSS OF PAY, TIME, OR EFFICIENCY RATING, ON ALL DAYS DURING WHICH THEY SHALL BE ORDERED TO DUTY WITH TROOPS OR AT FIELD EXERCISES, OR FOR INSTRUCTIONS, FOR PERIODS NOT TO EXCEED FIFTEEN DAYS IN ANY ONE CALENDAR YEAR.

SECTION 4, RULE VIII, OF THE CIVIL SERVICE RULES, PROVIDES FOR APPOINTMENTS FOR TEMPORARY WORK FOR PERIODS OF NOT EXCEEDING THREE MONTHS, WHICH MAY BE EXTENDED UNDER CERTAIN CONDITIONS FOR AN ADDITIONAL THREE MONTHS. IT HAS BEEN HELD THAT TEMPORARY EMPLOYEES ARE NOT ENTITLED TO LEAVE WITH PAY UNDER THE ACT OF AUGUST 29, 1916, 39 STAT. 617, WHICH APPLIES TO EMPLOYEES OF NAVY YARDS, NAVAL STATIONS, GUN FACTORIES, AND ARSENALS; UNDER THE ACTS OF MARCH 2, 1911, 36 STAT. 966, AND FEBRUARY 22, 1921, 41 STAT. 1144, WHICH RELATE TO EMPLOYEES OF THE DISTRICT OF COLUMBIA; OR UNDER THE ACT OF MARCH 15, 1898, 30 STAT. 316, WHICH APPLIES TO LEAVES OF ABSENCE TO EMPLOYEES OF THE DEPARTMENTS AT WASHINGTON. COMP. GEN. 382; 4 ID. 17, 511, 552, 575, 748; 5 ID. 903. THESE DECISIONS WERE BASED UPON THE PRINCIPLE THAT A LEAVE OF ABSENCE WITH PAY IS INCONSISTENT WITH TEMPORARY EMPLOYMENT.

THE GRANTING OF LEAVE FROM THEIR CIVILIAN OCCUPATIONS IN THE GOVERNMENT SERVICE TO MEMBERS OF THE OFFICERS' RESERVE CORPS WHEN ORDERED TO TRAINING DUTY APPEARS TO BE MANDATORY BUT IT DOES NOT NECESSARILY FOLLOW THAT THE EMPLOYEE IS ENTITLED TO CIVILIAN PAY WHILE NOT PERFORMING THE DUTIES OF HIS CIVILIAN POSITION. 1 COMP. GEN. 256; 3 ID. 246; 4 ID. 65. THE ACT OF MARY 12, 1917, SUPRA, REQUIRES THAT THE LEAVE THEREIN GRANTED TO "ALL OFFICERS AND EMPLOYEES" SHALL BE "WITHOUT LOSS OF PAY, TIME, OR EFFICIENCY RATING.' THESE TERMS DO NOT CONCERN TEMPORARY EMPLOYEES. IT MAY BE THAT LITTLE OR NO DISTINCTION IS BEING MADE ADMINISTRATIVELY BETWEEN REGULAR AND TEMPORARY EMPLOYEES, BUT THE CONDITIONS OF THEIR EMPLOYMENT ARE RADICALLY DIFFERENT AND BASICALLY EFFICIENCY RATINGS HAVE TO DO WITH REGULAR EMPLOYEES. THE ACT OF MAY 12, 1917, IS ACCORDINGLY UNDERSTOOD TO APPLY TO REGULAR EMPLOYEES ONLY. SEE 3 COMP. GEN. 112 WITH RESPECT TO GRANTING MILITARY LEAVE WITH PAY TO SUBSTITUTE EMPLOYEES.

AS TEMPORARY EMPLOYEES ARE NOT ENTITLED TO ANNUAL LEAVE WITH PAY, AND THE ACT OF MAY 12, 1917, DOES NOT APPLY TO TEMPORARY EMPLOYEES SO FAR AS "LOSS OF PAY, TIME, OR EFFICIENCY RATING" IS CONCERNED, IT MUST BE HELD THAT THERE IS NO AUTHORITY TO PAY THE EMPLOYEE IN THIS CASE FOR THE TIME HE WAS ABSENT FROM AND DID NOT PERFORM THE DUTIES OF HIS TEMPORARY CIVILIAN POSITION.