A-28407, SEPTEMBER 12, 1929, 9 COMP. GEN. 119

A-28407: Sep 12, 1929

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IS NOT ENTITLED TO LEAVE OF ABSENCE WITH PAY FOR THE PURPOSE OF ATTENDING AN ANNUAL ENCAMPMENT OF THE NATIONAL GUARD. REQUESTING TO BE ADVISED WHETHER YOU ARE AUTHORIZED TO PAY THE VOUCHER SUBMITTED THEREWITH IN FAVOR OF JOHN P. IT APPEARS THAT DUNNE WAS EMPLOYED IN THE OFFICE OF THE DISTRICT ENGINEER. " THAT THE TEMPORARY APPOINTMENT WAS CONFIRMED BY THE WAR DEPARTMENT FEBRUARY 14. THAT IN VIEW OF HIS STATUS OF TEMPORARY EMPLOYMENT HE WAS GRANTED. THAT ANOTHER TEMPORARY EMPLOYEE WAS ENGAGED DURING THE ABSENCE OF DUNNE. SPECIFIES THAT APPOINTMENT THEREUNDER IS TEMPORARY AND IS NOT TO BE IN EXCESS OF 30 DAYS UNLESS PREVIOUSLY AUTHORIZED BY THE COMMISSION. IT WAS HELD IN 6 COMP. ARE TEMPORARY EMPLOYEES AND ARE NOT ENTITLED TO LEAVE OF ABSENCE UNDER SECTION 7 OF THE ACT OF MARCH 15.

A-28407, SEPTEMBER 12, 1929, 9 COMP. GEN. 119

LEAVES OF ABSENCE - MILITARY - TEMPORARY EMPLOYEES A CIVILIAN TEMPORARILY EMPLOYED IN THE OFFICE OF THE DISTRICT ENGINEER, CHARLESTON, S.C., UNDER SECTION 1, RULE VIII OF THE CIVIL SERVICE COMMISSION, AND NOT ENTITLED TO LEAVE WITH PAY UNDER PARAGRAPH 903, G.O. 3, OFFICE OF THE CHIEF OF ENGINEERS, 1926, IS NOT ENTITLED TO LEAVE OF ABSENCE WITH PAY FOR THE PURPOSE OF ATTENDING AN ANNUAL ENCAMPMENT OF THE NATIONAL GUARD.

COMPTROLLER GENERAL MCCARL TO MAJ. N. Y. DUHAMEL, UNITED STATES ARMY, SEPTEMBER 12, 1929:

THERE HAS BEEN RECEIVED YOUR THIRD INDORSEMENT OF AUGUST 12, 1929 (EMPLYS. 226), REQUESTING TO BE ADVISED WHETHER YOU ARE AUTHORIZED TO PAY THE VOUCHER SUBMITTED THEREWITH IN FAVOR OF JOHN P. DUNNE, CIVILIAN EMPLOYEE, CLERK, IN THE OFFICE OF THE DISTRICT ENGINEER, CHARLESTON, S.C., IN THE SUM OF $40.53, REPRESENTING PAY FOR PERIOD OF LEAVE OF ABSENCE, GRANTED HIM WITHOUT PAY, FOR THE PURPOSE OF ATTENDING AN ENCAMPMENT OF THE SOUTH CAROLINA NATIONAL GUARD, JULY 8 TO 22, 1928, INCLUSIVE.

IT APPEARS THAT DUNNE WAS EMPLOYED IN THE OFFICE OF THE DISTRICT ENGINEER, CHARLESTON, S.C., IN AN EMERGENCY, FEBRUARY 1, 1928, UNDER AUTHORIZATION OF THE DISTRICT SECRETARY, FIFTH CIVIL SERVICE DISTRICT, FOR TEMPORARY APPOINTMENT, UNDER SECTION 1, CIVIL SERVICE RULE VIII, "PENDING THE ESTABLISHMENT OF A REGISTER," OR "TRANSFER AND PROMOTION; " THAT THE TEMPORARY APPOINTMENT WAS CONFIRMED BY THE WAR DEPARTMENT FEBRUARY 14, 1928; THAT HE CONTINUED ON THIS TEMPORARY EMPLOYMENT TO FEBRUARY 15, 1929; THAT ON JULY 2, 1928, DUNNE APPLIED FOR LEAVE OF ABSENCE UNDER THE PROVISIONS OF SECTION 80 OF THE ACT OF JUNE 3, 1916, 39 STAT. 203, FOR THE PURPOSE OF ATTENDING THE ANNUAL ENCAMPMENT OF COMPANY B, ONE HUNDRED AND EIGHTEENTH INFANTRY, SOUTH CAROLINA NATIONAL GUARD, FROM JULY 8 TO 22, 1928, INCLUSIVE; THAT IN VIEW OF HIS STATUS OF TEMPORARY EMPLOYMENT HE WAS GRANTED, ON JULY 3, 1928, LEAVE OF ABSENCE WITHOUT PAY FOR THE PERIOD MENTIONED, IN ACCORDANCE WITH DECISION OF THIS OFFICE OF OCTOBER 16, 1926, 6 COMP. GEN. 266; THAT ANOTHER TEMPORARY EMPLOYEE WAS ENGAGED DURING THE ABSENCE OF DUNNE.

SECTION 80 OF THE NATIONAL DEFENSE ACT PROVIDES:

ALL OFFICERS AND EMPLOYEES OF THE UNITED STATES AND OF THE DISTRICT OF COLUMBIA WHO SHALL BE MEMBERS OF THE NATIONAL GUARD 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 ENGAGED IN FIELD OR COAST-DEFENSE TRAINING ORDERED OR AUTHORIZED UNDER THE PROVISIONS OF THIS ACT.

SECTION 1, RULE VIII OF THE CIVIL SERVICE COMMISSION, SPECIFIES THAT APPOINTMENT THEREUNDER IS TEMPORARY AND IS NOT TO BE IN EXCESS OF 30 DAYS UNLESS PREVIOUSLY AUTHORIZED BY THE COMMISSION. IT WAS HELD IN 6 COMP. GEN. 266, REFERRED TO IN YOUR SUBMISSION, THAT EMPLOYEES APPOINTED UNDER SECTION 1 OF RULE VIII OF THE CIVIL SERVICE RULES FOR A DEFINITE PERIOD OR SUBJECT TO A MAXIMUM LIMITATION OF ONE YEAR OR LESS, PENDING CERTIFICATION OF ELIGIBLES, ARE TEMPORARY EMPLOYEES AND ARE NOT ENTITLED TO LEAVE OF ABSENCE UNDER SECTION 7 OF THE ACT OF MARCH 15, 1898, 30 STAT. 316, WHICH ACT RELATES TO ANNUAL LEAVE OF EMPLOYEES OF EXECUTIVE DEPARTMENTS.

THE SAME CONSTRUCTION IS REQUIRED OF PARAGRAPH 903, GENERAL ORDER NO. 3, OFFICE OF THE CHIEF OF ENGINEERS, DECEMBER 15, 1926, EFFECTIVE JANUARY 1, 1927, PROMULGATING REGULATIONS GOVERNING THE ADMINISTRATION OF THE CIVIL SERVICE IN THE ENGINEER DEPARTMENT AT LARGE.

THE ACT OF JUNE 3, 1916, IS APPLICABLE TO PERMANENT EMPLOYEES ONLY AND IS NO AUTHORITY FOR THE PAYMENT TO A TEMPORARY EMPLOYEE FOR THE TIME HE WAS ABSENT FROM AND DID NOT PERFORM THE DUTIES OF HIS CIVIL POSITION. DECISION TO THE POSTMASTER GENERAL OF AUGUST 30, 1923, 3 COMP. GEN. 112. SEE, ALSO, 6 COMP. GEN. 178 AND 275 (CASE OF R. C. THOMAS) IN REGARD TO TO RESERVE OFFICERS, UNDER THE ACT OF MAY 12, 1917, 40 STAT. 72,CONTAINING PROVISIONS SIMILAR TO THOSE IN THE ACT OF JUNE 3, 1916. IT MAY BE STATED THAT SUIT WAS BROUGHT BY THOMAS IN THE MUNICIPAL COURT OF THE DISTRICT OF COLUMBIA, MUNICIPAL CAUSE NO. 143836, AND WAS DECIDED ADVERSELY TO HIM ON SUBSTANTIALLY THE SAME GROUNDS AS SET FORTH IN DECISION OF THIS OFFICE (A- 15977).

CLAIMANT WAS A TEMPORARY EMPLOYEE AND NOT ENTITLED TO LEAVE WITH PAY. IS NOT ENTITLED TO THE PAY CLAIMED.

YOU ARE NOT AUTHORIZED TO PAY THE VOUCHER WHICH IS RETAINED IN THIS OFFICE.