A-32125, JUNE 17, 1930, 9 COMP. GEN. 514

A-32125: Jun 17, 1930

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A FIELD EMPLOYEE OF THE CIVIL SERVICE COMMISSION WHO IS GRANTED LEAVE WITHOUT PAY SHOULD BE CHARGED A FULL DAY FOR SATURDAY REGARDLESS OF THE NUMBER OF HOURS HE WOULD HAVE BEEN REQUIRED TO WORK IF HE HAD NOT BEEN ON LEAVE. 1930: I HAVE A LETTER OF JUNE 4. THE QUESTION AS TO WHAT DEDUCTION FROM SALARY SHOULD BE MADE FOR LEAVE WITHOUT PAY IN THE CASE OF A FIELD EMPLOYEE OF THE COMMISSION WHO WAS GRANTED LEAVE WITHOUT PAY FROM MAY 23 TO 24. APPEARS THAT AT THE OFFICE IN WHICH THE EMPLOYEE WAS SERVING ONLY THREE HOURS OF SERVICE ARE REQUIRED ON SATURDAYS UNDER AUTHORITY OF THE REGULATION OF THE COMMISSION WHICH PERMITS A DISTRICT SECRETARY TO CLOSE HIS OFFICE ON SATURDAY AFTERNOON. IN A STATE IN WHICH SATURDAY AFTERNOON IS A LEGAL HOLIDAY AND WHERE IT IS CUSTOMARY FOR FEDERAL OFFICES TO CLOSE.

A-32125, JUNE 17, 1930, 9 COMP. GEN. 514

LEAVES OF ABSENCE WITHOUT PAY - SATURDAY AFTERNOONS IN THE ABSENCE OF A REGULATION, A FIELD EMPLOYEE OF THE CIVIL SERVICE COMMISSION WHO IS GRANTED LEAVE WITHOUT PAY SHOULD BE CHARGED A FULL DAY FOR SATURDAY REGARDLESS OF THE NUMBER OF HOURS HE WOULD HAVE BEEN REQUIRED TO WORK IF HE HAD NOT BEEN ON LEAVE.

COMPTROLLER GENERAL MCCARL TO THE PRESIDENT OF THE CIVIL SERVICE COMMISSION, JUNE 17, 1930:

I HAVE A LETTER OF JUNE 4, 1930, FROM THE SPECIAL DISBURSING AGENT OF THE COMMISSION SUBMITTING FOR DECISION, PRESUMABLY BY YOUR AUTHORITY, THE QUESTION AS TO WHAT DEDUCTION FROM SALARY SHOULD BE MADE FOR LEAVE WITHOUT PAY IN THE CASE OF A FIELD EMPLOYEE OF THE COMMISSION WHO WAS GRANTED LEAVE WITHOUT PAY FROM MAY 23 TO 24, THE LATTER DAY BEING SATURDAY. APPEARS THAT AT THE OFFICE IN WHICH THE EMPLOYEE WAS SERVING ONLY THREE HOURS OF SERVICE ARE REQUIRED ON SATURDAYS UNDER AUTHORITY OF THE REGULATION OF THE COMMISSION WHICH PERMITS A DISTRICT SECRETARY TO CLOSE HIS OFFICE ON SATURDAY AFTERNOON, IF THE PUBLIC BUSINESS PERMITS, IN A STATE IN WHICH SATURDAY AFTERNOON IS A LEGAL HOLIDAY AND WHERE IT IS CUSTOMARY FOR FEDERAL OFFICES TO CLOSE.

THE QUESTION SUBMITTED IS GENERAL IN CHARACTER AND IS PROPERLY FOR SUBMISSION BY YOU AS HEAD OF A GOVERNMENT ESTABLISHMENT, THE RIGHT OF A DISBURSING OFFICER TO SUBMIT QUESTIONS FOR DECISION IN WHICH HAVE BEEN PROPERLY PRESENTED TO HIM FOR PAYMENT--- AND IN SUCH CASES THE VOUCHER SHOULD ACCOMPANY THE REQUEST FOR DECISION. SEE 25 COMP. DEC. 653.

THE GRANTING OF LEAVE IS PRIMARILY FOR ADMINISTRATIVE DETERMINATION SUBJECT TO STATUTORY LIMITATIONS AND USUALLY GOVERNED BY REGULATIONS. IS UNDERSTOOD THAT THERE IS NO REGULATION OF THE CIVIL SERVICE COMMISSION GOVERNING THE SITUATION HEREIN PRESENTED. IT IS UNDERSTOOD THAT THE REGULATIONS OF THE VARIOUS DEPARTMENTS UNIFORMLY PROVIDE THAT WHEN LEAVE TAKEN WITHOUT PAY IS GRANTED, THE EMPLOYEE IS CHARGED A FULL DAY FOR SATURDAY REGARDLESS OF THE NUMBER OF HOURS DURING WHICH SERVICE IS ORDINARILY PERFORMED. THE RULE SEEMS A REASONABLE ONE. MANIFESTLY AN EMPLOYEE WHO HAS GRANTED LEAVE WITHOUT PAY FOR A CERTAIN DAY AND WHO PERFORMS NO SERVICE ON SAID DAY SHOULD NOT BE PAID FOR ANY PART THEREOF REGARDLESS OF THE NUMBER OF HOURS THE EMPLOYEE WOULD HAVE BEEN REQUIRED TO WORK IF HE HAD NOT BEEN ON LEAVE OF ABSENCE.