A-43481, JULY 26, 1932, 12 COMP. GEN. 123

A-43481: Jul 26, 1932

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ECONOMY ACT - FURLOUGH FOR ONE CALENDAR MONTH AN EMPLOYEE WHO IS ABSENT FOR THE ENTIRE MONTH OF AUGUST. HAS NOT PREVIOUSLY BEEN ABSENT DURING THE FISCAL YEAR WILL BE CHARGED WITH ONE MONTH'S PAY FOR SUCH ABSENCE AGAINST WHICH WILL BE CREDITED THE TWO AND ONE-HALF DAYS' FURLOUGH PAY DEDUCTED FROM HIS COMPENSATION DURING JULY AND FOR WHICH NO FURLOUGH WAS PREVIOUSLY TAKEN. IF AN EMPLOYEE IS ABSENT DURING THE ENTIRE MONTH OF AUGUST. WHEREIN 25 WORKING DAYS ARE INVOLVED. THIS LEAVES A BALANCE OF 3 WORKING DAYS FOR WHICH THE EMPLOYEE WILL BE CHARGED AT THE USUAL RATE FOR LEAVE WITHOUT PAY. IT WOULD APPEAR THAT A DEDUCTION OF ONE DAY'S LEAVE WITHOUT PAY IS NECESSARY FOR ABSENCE ON THE 31ST DAY OF A 31-DAY MONTH.

A-43481, JULY 26, 1932, 12 COMP. GEN. 123

ECONOMY ACT - FURLOUGH FOR ONE CALENDAR MONTH AN EMPLOYEE WHO IS ABSENT FOR THE ENTIRE MONTH OF AUGUST, 1932, BUT HAS NOT PREVIOUSLY BEEN ABSENT DURING THE FISCAL YEAR WILL BE CHARGED WITH ONE MONTH'S PAY FOR SUCH ABSENCE AGAINST WHICH WILL BE CREDITED THE TWO AND ONE-HALF DAYS' FURLOUGH PAY DEDUCTED FROM HIS COMPENSATION DURING JULY AND FOR WHICH NO FURLOUGH WAS PREVIOUSLY TAKEN; I.E., HE WOULD BE ENTITLED TO TWO AND ONE-HALF DAYS' PAY FOR AUGUST, LESS THE RETIREMENT DEDUCTIONS FOR THAT MONTH.

COMPTROLLER GENERAL MCCARL TO THE ATTORNEY GENERAL, JULY 26, 1932:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 15, 1932, AS FOLLOWS:

UNDER THE PROVISIONS OF SECTION 101-B OF THE ECONOMY ACT OF JUNE 30, 1932, EMPLOYEES SHALL BE FURLOUGHED WITHOUT COMPENSATION FOR ONE CALENDAR MONTH OR FOR SUCH PERIODS AS SHALL IN THE AGGREGATE BE EQUIVALENT TO ONE CALENDAR MONTH, FOR WHICH LATTER PURPOSE 24 WORKING DAYS (COUNTING SATURDAY AS ONE-HALF DAY) SHALL BE CONSIDERED AS THE EQUIVALENT OF ONE CALENDAR MONTH. IF AN EMPLOYEE IS ABSENT DURING THE ENTIRE MONTH OF AUGUST, 1932, WHEREIN 25 WORKING DAYS ARE INVOLVED, THE PROVISIONS OF THE ECONOMY ACT AND ALSO THE ACT OF JUNE 30, 1906 (34 STAT. 763) ARISE. GIVE A CONCRETE CASE, AN EMPLOYEE DURING THE MONTH OF JULY HAD DEDUCTED FROM HIS OR HER COMPENSATION THE EQUIVALENT OF 2 1/2 DAYS' PAY, THUS ENTITLING THE EMPLOYEE TO TWO DAYS' FURLOUGH LEAVE. UNDER THE TERMS OF THE ECONOMY ACT IT WOULD BE THEREFORE NECESSARY TO DEDUCT 22 DAYS' PAY FROM THIS EMPLOYEE DURING THE MONTH OF AUGUST OR THE EQUIVALENT OF 27 1/2 (30THS OF ONE MONTH'S PAY. THIS LEAVES A BALANCE OF 3 WORKING DAYS FOR WHICH THE EMPLOYEE WILL BE CHARGED AT THE USUAL RATE FOR LEAVE WITHOUT PAY. THE 3 DAYS, HOWEVER, INCLUDE THE 31ST DAY OF THE MONTH. IN VIEW OF YOUR SEVERAL DECISIONS IN CONNECTION WITH QUESTIONS ARISING UNDER THE ACT OF JUNE 30, 1906, IT WOULD APPEAR THAT A DEDUCTION OF ONE DAY'S LEAVE WITHOUT PAY IS NECESSARY FOR ABSENCE ON THE 31ST DAY OF A 31-DAY MONTH. YOUR DECISION IS THEREFORE REQUESTED AS TO WHETHER THE EMPLOYEE SHOULD BE CHARGED WITH ONE DAY'S LEAVE WITHOUT PAY (AS DISTINGUISHED FROM THE FURLOUGH LEAVE) FOR THE 31ST DAY OF A 31-DAY MONTH.

IT IS PRESUMED FROM YOUR SUBMISSION THAT THE EMPLOYEE IN QUESTION WILL NOT HAVE TAKEN ANY LEAVE OF ABSENCE AFTER JUNE 30, 1932, PRIOR TO THE MONTH OF AUGUST AND YOUR SUBMISSION WILL ACCORDINGLY BE ANSWERED ON THAT BASIS. THE EMPLOYEE'S ABSENCE FROM DUTY FOR THE ENTIRE MONTH OF AUGUST CONSTITUTES AN ABSENCE FOR ONE CALENDAR MONTH, WHICH IS THE LENGTH OF FURLOUGH PRESCRIBED BY SECTION 101 (B) OF THE ECONOMY ACT OF JUNE 30, 1932. ACCORDINGLY, THE ABSENCE OF SUCH EMPLOYEE ON THE 31ST OF AUGUST WILL NOT HAVE BEEN AN "UNAUTHORIZED ABSENCE" WITHIN THE MEANING OF THE ACT OF JUNE 30, 1906, 34 STAT. 763. 17 COMP.DEC. 929; 1 COMP. GEN. 345; 5 ID. 904. HAD NO PAY BEEN DEDUCTED DURING THE MONTH OF JULY THE EMPLOYEE ABSENT ON FURLOUGH FOR THE ENTIRE MONTH OF AUGUST WOULD HAVE BEEN REQUIRED TO LOSE ONE CALENDAR MONTH'S PAY OR ONE-TWELFTH OF HIS ANNUAL COMPENSATION. HOWEVER, AS THE EMPLOYEE WILL HAVE ALREADY BEEN CHARGED WITH TWO AND ONE-HALF DAYS' FURLOUGH PAY DURING JULY, FOR WHICH NO LEAVE WAS TAKEN, HE WILL BE ENTITLED TO HAVE THAT AMOUNT CREDITED UPON THE MONTH'S PAY HE WOULD OTHERWISE HAVE LOST FOR THE AUGUST FURLOUGH, AND WILL THUS BE ENTITLED TO TWO AND ONE-HALF DAYS' PAY LESS THE RETIREMENT DEDUCTION FOR THE MONTH OF AUGUST. IN OTHER WORDS, WHERE AN EMPLOYEE'S FIRST ABSENCE ON FURLOUGH DURING THE FISCAL YEAR 1933 IS FOR A STRAIGHT CALENDAR MONTH, THAT ABSENCE WILL CONSTITUTE THE FULL PERIOD OF HIS LEGISLATIVE FURLOUGH AND NO PAY WILL ACCRUE THEREFOR BUT THERE WILL BE CREDITED TO HIM IN COMPUTING THE DEDUCTIONS FOR THE FURLOUGH TIME ACTUALLY TAKEN, THE AMOUNT PREVIOUSLY DEDUCTED AT THE RATE OF TWO AND ONE-HALF DAYS' PAY PER MONTH ON ACCOUNT OF FURLOUGH NOT TAKEN.