A-42547, JUNE 6, 1932, 11 COMP. GEN. 469

A-42547: Jun 6, 1932

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THE RIGHT OF CIVILIAN OFFICERS AND EMPLOYEES OF THE GOVERNMENT WHO ARE MEMBERS OF THE NAVAL RESERVE TO LEAVE OF ABSENCE WITH PAY WHEN EMPLOYED UNDER ORDERS ON TRAINING DUTY FOR PERIODS NOT TO EXCEED 15 DAYS IN ANY ONE CALENDAR YEAR. AS FOLLOWS: THE GENERAL MANAGER OF THE ALASKA RAILROAD HAS SUBMITTED THE QUESTION WHETHER AN EMPLOYEE MAY BE GRANTED LEAVE WITH PAY UNDER CIRCUMSTANCES STATED AS FOLLOWS: AN EMPLOYEE (STATION AGENT) WHO WAS GRANTED LEAVE WITHOUT PAY BEGINNING FEBRUARY 7. IS A LIEUTENANT (JG) IN THE U.S. NAVAL RESERVE AND WAS ORDERED TO REPORT FOR TRAINING DUTY AT NAVAL RADIO STATION. I SHOULD BE PLEASED TO HAVE YOUR DECISION ON THE CASE. WHO ARE MEMBERS OF THE NAVAL RESERVE.

A-42547, JUNE 6, 1932, 11 COMP. GEN. 469

LEAVES OF ABSENCE - MILITARY - NAVAL RESERVE UNDER THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1089, THE RIGHT OF CIVILIAN OFFICERS AND EMPLOYEES OF THE GOVERNMENT WHO ARE MEMBERS OF THE NAVAL RESERVE TO LEAVE OF ABSENCE WITH PAY WHEN EMPLOYED UNDER ORDERS ON TRAINING DUTY FOR PERIODS NOT TO EXCEED 15 DAYS IN ANY ONE CALENDAR YEAR, ACCRUES ONLY WHEN IN A DUTY STATUS OR RECEIVING PAY FROM THE GOVERNMENT AT THE TIME OF GOING ON TRAINING DUTY.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE INTERIOR, JUNE 6, 1932:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF MAY 20, 1932, AS FOLLOWS:

THE GENERAL MANAGER OF THE ALASKA RAILROAD HAS SUBMITTED THE QUESTION WHETHER AN EMPLOYEE MAY BE GRANTED LEAVE WITH PAY UNDER CIRCUMSTANCES STATED AS FOLLOWS:

AN EMPLOYEE (STATION AGENT) WHO WAS GRANTED LEAVE WITHOUT PAY BEGINNING FEBRUARY 7, 1932, ON ACCOUNT OF CLOSING OF STATIONS DURING THE WINTER, HAS APPLIED FOR LEAVE WITH PAY DURING THE PERIOD APRIL 14 TO APRIL 28, 1932, UNDER PROVISIONS OF SECTION 768, TITLE 34 (P. 1135) U.S.C. IT APPEARS THAT THIS EMPLOYEE, MR. JAMES A. BUCHANAN, IS A LIEUTENANT (JG) IN THE U.S. NAVAL RESERVE AND WAS ORDERED TO REPORT FOR TRAINING DUTY AT NAVAL RADIO STATION, BREMERTON, WASHINGTON, AND DID REPORT THERE APRIL 14, 1932.

I SHOULD BE PLEASED TO HAVE YOUR DECISION ON THE CASE.

THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1089, INCLUDED AS SECTION 768, TITLE 34, U.S. CODE, PROVIDES, IN PART, AS FOLLOWS:

* * * PROVIDED, THAT ALL OFFICERS AND EMPLOYEES OF THE UNITED STATES OR OF THE DISTRICT OF COLUMBIA, WHO ARE MEMBERS OF THE NAVAL RESERVE, 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 ARE EMPLOYED, UNDER ORDERS, OR TRAINING DUTY FOR PERIODS NOT TO EXCEED FIFTEEN DAYS IN ANY ONE CALENDAR YEAR.

THE RIGHT TO LEAVE WITH PAY UNDER THIS STATUTE ACCRUES ONLY WHEN THE OFFICERS AND EMPLOYEES ARE IN A DUTY STATUS AT THE TIME THEY GO ON TRAINING DUTY. THIS IS CLEARLY EVIDENCED BY THE USE OF THE PHRASE "WITHOUT LOSS OF PAY, TIME, OR EFFICIENCY RATING.' THAT IS, THE STATUTE COULD NOT POSSIBLY BE INVOKED WHERE AN OFFICER OR EMPLOYEE, WHO IS A MEMBER OF THE NAVAL RESERVE, IS NOT IN A DUTY STATUS OR RECEIVING PAY FROM THE GOVERNMENT IMMEDIATELY PRIOR TO THE TIME THE TRAINING DUTY BEGINS. SEE GENERALLY 10 COMP. GEN. 116. THE STATUTE DOES NOT AUTHORIZE PAY FOR TRAINING DUTY, BUT SIMPLY SAVES CIVILIAN PAY, ETC., TO WHICH OTHERWISE ENTITLED FOR A PERIOD NOT IN EXCESS OF 15 DAYS IN ANY ONE CALENDAR YEAR WHEN UNDERGOING TRAINING BY REASON OF MEMBERSHIP IN THE NAVAL RESERVE.