A-25433, JANUARY 8, 1929, 8 COMP. GEN. 348

A-25433: Jan 8, 1929

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POSTAL SERVICE EMPLOYEES ARE TLED TO CREDIT FOR UNUSED SICK LEAVE WITH PAY AT THE RATE OF 10 DAYS A YEAR. 1929: I HAVE YOUR LETTER OF DECEMBER 12. RESTRICTIONS ARE PLACED BY THE PROVISIONS OF THE ACT OF MAY 17. MAY HAVE ACCRUED TO A POST OFFICE EMPLOYEE ON JULY 1. THE FIRST 10 DAYS TAKEN WERE TO BE CHARGED TO THE LEAVE ACCRUING IN THE YEAR IN WHICH TAKEN AND ANY LEAVE TAKEN IN EXCESS OF 10 DAYS DURING ANY YEAR WAS TO BE CHARGED TO THE UNUSED LEAVE. THAT IS. EXCESS SICK LEAVE WOULD NOT BE CHARGED TO THE SICK LEAVE ACCUMULATED FROM THE YEAR IMMEDIATELY PRECEDING THE YEAR IN WHICH IT WAS TAKEN UNTIL THE ACCUMULATED LEAVE FROM THE PRIOR YEAR HAD BEEN EXHAUSTED. THE RESTRICTION ON CUMULATION WAS REMOVED.

A-25433, JANUARY 8, 1929, 8 COMP. GEN. 348

POSTAL SERVICE EMPLOYEES - SICK LEAVE UNDER THE PROVISIONS OF THE ACTS OF FEBRUARY 28, 1925, 43 STAT. 1064, AND MAY 17, 1928, 45 STAT. 595, POSTAL SERVICE EMPLOYEES ARE TLED TO CREDIT FOR UNUSED SICK LEAVE WITH PAY AT THE RATE OF 10 DAYS A YEAR, BEGINNING WITH JULY 1, 1922. 8 COMP. GEN. 283 AMPLIFIED.

COMPTROLLER GENERAL MCCARL TO THE POSTMASTER GENERAL, JANUARY 8, 1929:

I HAVE YOUR LETTER OF DECEMBER 12, 1928, REQUESTING DECISION AS TO WHAT, IF ANY, RESTRICTIONS ARE PLACED BY THE PROVISIONS OF THE ACT OF MAY 17, 1928, 45 STAT. 595, ON THE GRANTING OF SICK LEAVE ACCUMULATED UNDER THE PROVISIONS OF THE SAID ACT AND OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1064, AND AS TO JUST HOW MUCH SICK LEAVE CUMULATIVE UNDER THE ACT OF FEBRUARY 28, 1925, MAY HAVE ACCRUED TO A POST OFFICE EMPLOYEE ON JULY 1, 1928.

THE ACT OF JUNE 2, 1920, AS AMENDED BY THE ACT OF JUNE 19, 1922, 42 STAT. 660, PROVIDED THAT EMPLOYEES OF THE POSTAL SERVICE SHOULD BE GRANTED SICK LEAVE WITH PAY AT THE RATE OF 10 DAYS A YEAR, EXCLUSIVE OF SUNDAYS AND HOLIDAYS, TO BE CUMULATIVE FOR A PERIOD OF THREE YEARS, BUT THAT SICK LEAVE IN EXCESS OF 30 DAYS SHOULD NOT BE GRANTED DURING ANY THREE CONSECUTIVE YEARS. UNDER SAID ACT THERE COULD ACCRUE TO THE CREDIT OF AN EMPLOYEE NOT TO EXCEED 30 DAYS' SICK LEAVE WITH PAY.

AN EMPLOYEE MIGHT TAKE NOT MORE THAN 30 DAYS' SICK LEAVE WITH PAY IN ANY FISCAL YEAR. THE FIRST 10 DAYS TAKEN WERE TO BE CHARGED TO THE LEAVE ACCRUING IN THE YEAR IN WHICH TAKEN AND ANY LEAVE TAKEN IN EXCESS OF 10 DAYS DURING ANY YEAR WAS TO BE CHARGED TO THE UNUSED LEAVE, IF ANY, THAT HAD ACCUMULATED FROM THE TWO PRECEDING YEARS IN THE ORDER IN WHICH IT ACCUMULATED; THAT IS, EXCESS SICK LEAVE WOULD NOT BE CHARGED TO THE SICK LEAVE ACCUMULATED FROM THE YEAR IMMEDIATELY PRECEDING THE YEAR IN WHICH IT WAS TAKEN UNTIL THE ACCUMULATED LEAVE FROM THE PRIOR YEAR HAD BEEN EXHAUSTED. (SEE 3 COMP. GEN. 20.

THE ACT OF FEBRUARY 28, 1925, SUPRA, PROVIDED THAT EMPLOYEES IN THE POSTAL SERVICE SHOULD BE GRANTED SICK LEAVE WITH PAY AT THE RATE OF 10 DAYS A YEAR, EXCLUSIVE OF SUNDAYS AND HOLIDAYS, TO BE CUMULATIVE, BUT THAT NO SICK LEAVE WITH PAY IN EXCESS OF 30 DAYS SHOULD BE GRANTED DURING ANY ONE FISCAL YEAR. THE ACT LAST CITED AMENDED THE PRIOR LAW IN TWO RESPECTS: FIRST, THE RESTRICTION ON CUMULATION WAS REMOVED; THAT IS, THE FORMER LAW HAD PROVIDED FOR CUMULATION AT THE RATE OF 10 DAYS A YEAR DURING THREE YEARS. THE ACT OF FEBRUARY 28, 1925, PROVIDED FOR CUMULATION AT THE RATE OF 10 DAYS A YEAR WITHOUT ANY PROVISION AS TO THE NUMBER OF YEARS THAT SUCH CUMULATION SHOULD CONTINUE; AND SECOND, THE LATTER ACT MODIFIED THE PROVISION THAT NOT MORE THAN 30 DAYS' SICK LEAVE WITH PAY SHOULD BE GRANTED DURING ANY THREE CONSECUTIVE YEARS, TO PROVIDE THAT NOT MORE THAN 30 DAYS SHOULD BE GRANTED DURING ANY ONE FISCAL YEAR. THE EFFECT OF THE TWO MODIFICATIONS WAS THAT AN EMPLOYEE MIGHT ACCUMULATE AND HAVE TO HIS CREDIT MORE THAN 30 DAYS' SICK LEAVE BUT THAT NOT MORE THAN 30 DAYS OF THE SICK LEAVE TO HIS CREDIT MIGHT BE GRANTED TO OR TAKEN BY HIM IN THE COURSE OF A FISCAL YEAR.

IN DECISION OF MARCH 16, 1925, 4 COMP. GEN. 772, IT WAS HELD THAT ON FEBRUARY 28, 1925, POSTAL EMPLOYEES MIGHT BE CREDITED WITH THE UNUSED PORTION, IF ANY, OF THE 10 DAYS' SICK LEAVE WHICH HAD ACCRUED DURING THE FISCAL YEARS 1923, 1924, AND 1925. THE EFFECT OF THE DECISION OF MARCH 16, 1925, SUPRA, WAS THAT A POSTAL EMPLOYEE WHOSE SERVICE HAD BEEN CONTINUOUS AND WHO HAD NOT BEEN GRANTED ANY SICK LEAVE WITH PAY FROM JULY 1, 1922, TO FEBRUARY 28, 1925, WOULD HAVE 30 DAYS TO HIS CREDIT ON THE LATTER DATE, AND IF NO SICK LEAVE WAS GRANTED HIM FROM FEBRUARY 28, TO JUNE 30, 1925, HE WOULD, ON JULY 1, 1925, HAVE 40 DAYS TO HIS CREDIT. HE WERE GRANTED 30 DAYS' SICK LEAVE DURING THE FISCAL YEAR 1926 HE WOULD STILL HAVE 10 DAYS TO HIS CREDIT WHICH COULD BE CARRIED ON THE FISCAL YEAR 1927, IN ADDITION TO THE 10 DAYS ACCRUING FOR THE LATTER YEAR. IN THE CASE OF AN EMPLOYEE WHOSE SERVICE WAS CONTINUOUS AND WHO WAS GRANTED NO SICK LEAVE DURING THE PERIOD FROM JULY 1, 1922, TO JUNE 30, 1927, HE WOULD HAVE 60 DAYS' SICK LEAVE TO HIS CREDIT ON JULY 1, 1927, ALTHOUGH NOT MORE THAN 30 DAYS THEREOF MIGHT BE GRANTED TO OR TAKEN BY HIM DURING THE PERIOD FROM JULY 1, 1927, TO MAY 16, 1928.

THE ACT OF MAY 17, 1928, SUPRA, MODIFIED THE PRIOR LAW GOVERNING THE SICK LEAVE OF POSTAL SERVICE EMPLOYEES BY CHANGING THE MAXIMUM AMOUNT OF SICK LEAVE THAT MAY BE GRANTED DURING ANY FISCAL YEAR FROM 30 DAYS TO SIX MONTHS, BUT LEFT THE OTHER PROVISIONS UNCHANGED.

AS THE LAW NOW STANDS, POSTAL SERVICE EMPLOYEES MAY ACCUMULATE SICK LEAVE AT THE RATE OF 10 DAYS A YEAR FOR EACH FISCAL YEAR OF UNBROKEN SERVICE. THERE IS NO INDICATION IN THE ACTS OF FEBRUARY 28, 1925, AND MAY 17, 1928, OF ANY INTENTION ON THE PART OF THE CONGRESS TO DEPRIVE POSTAL EMPLOYEES OF ANY SICK LEAVE WHICH THEY HAD TO THEIR CREDIT ON THE DATES OF THE RESPECTIVE ENACTMENTS CITED.

IN THE DECISION OF DECEMBER 5, 1928, A-25273, 8 COMP. GEN. 283, IT WAS HELD THAT WHERE AN EMPLOYEE WAS IN THE SERVICE PRIOR TO JULY 1, 1928, AND WAS ENTITLED TO UNUSED ACCRUED SICK LEAVE UNDER THE ACT OF 1925, SUCH UNUSED PORTION NOT IN EXCESS OF 30 DAYS MIGHT BE CREDITED TO THE EMPLOYEE, TOGETHER WITH THE 10 DAYS OF THE FISCAL YEAR 1929. IT WAS NOT INTENDED, HOWEVER, TO DEPRIVE ANY POSTAL EMPLOYEES OF ANY SICK LEAVE TO THEIR CREDIT UNDER THE ACT IN FORCE PRIOR TO FEBRUARY 28, 1925, AND WHICH WAS CONTINUED UNDER THE DECISION OF MARCH 16, 1925. THE PHRASE "NOT IN EXCESS OF 30 DAYS" WAS INTENDED TO APPLY TO THE 30 DAYS THAT HAD ACCRUED DURING THE FISCAL YEARS 1926 TO 1928, INCLUSIVE.

YOU ARE ADVISED, THEREFORE, THAT POSTAL EMPLOYEES MAY BE CREDITED WITH ANY UNUSED SICK LEAVE WHICH HAS ACCRUED AT THE RATE OF NOT IN EXCESS OF 10 DAYS A YEAR SINCE JULY 1, 1922. THE LIMITATION ON THE AMOUNT OF SICK LEAVE WITH PAY THAT MAY BE GRANTED AN EMPLOYEE IS THE AMOUNT THAT HAS ACCRUED TO HIS CREDIT FROM JULY 1, 1922, AND IS UNUSED, TO AND INCLUDING THE FISCAL YEAR IN WHICH THE LEAVE IS GRANTED WITH THE MAXIMUM LIMITATION TO SIX MONTHS, WHICH MAXIMUM COULD NOT IN ANY EVENT BE REACHED UNTIL THE FISCAL YEAR 1940, UNDER THE PRESENT STATE OF THE LAW. THE DECISION OF DECEMBER 5, 1928, IS AMPLIFIED ACCORDINGLY.