A-43620, AUGUST 2, 1932, 12 COMP. GEN. 160

A-43620: Aug 2, 1932

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EMPLOYEES OF NAVY YARDS AND NAVAL STATIONS WHO WERE IN THEIR SECOND OR SUBSEQUENT SERVICE YEAR ON JUNE 30. EMPLOYEES OF NAVY YARDS AND NAVAL STATIONS WHO WERE IN THEIR FIRST SERVICE YEAR ON JUNE 30. HAS DEVELOPED THE FOLLOWING QUESTIONS WHICH ARE SUBMITTED FOR DECISION: (1) MAY EMPLOYEES OF NAVY YARDS AND NAVAL STATIONS WHO WERE IN THEIR SECOND OR SUBSEQUENT SERVICE YEAR ON JUNE 30. NOW RETROACTIVELY BE PAID FOR SUCH LOSS OF TIME? (2) MAY EMPLOYEES OF NAVY YARDS AND NAVAL STATIONS WHO WERE IN THEIR FIRST SERVICE YEAR ON JUNE 30. THESE ARE QUESTIONS OF PAY AND NOT OF LEAVE. APPARENTLY PAYMENT IS NOT PROHIBITED BY THE ACT. PROVIDES: ALL RIGHTS NOW CONFERRED OR AUTHORIZED TO BE CONFERRED BY LAW UPON ANY OFFICER OR EMPLOYEE TO RECEIVE ANNUAL LEAVE OF ABSENCE WITH PAY ARE HEREBY SUSPENDED DURING THE FISCAL YEAR ENDING JUNE 30.

A-43620, AUGUST 2, 1932, 12 COMP. GEN. 160

ECONOMY ACT - LEAVES OF ABSENCE - NAVY YARD EMPLOYEES IN VIEW OF THE TERMS OF SECTION 103 OF THE ECONOMY ACT, EMPLOYEES OF NAVY YARDS AND NAVAL STATIONS WHO WERE IN THEIR SECOND OR SUBSEQUENT SERVICE YEAR ON JUNE 30, 1932, WHO DID NOT TAKE LEAVE WITH PAY ACCRUED DURING THE FISCAL YEAR 1932, AND WHO LOST TIME WITHOUT PAY DURING THE SAME FISCAL YEAR, MAY NOT, DURING THE FISCAL YEAR 1933, BE PAID FOR SUCH LOSS OF TIME. IN VIEW OF THE TERMS OF SECTION 103 OF THE ECONOMY ACT, EMPLOYEES OF NAVY YARDS AND NAVAL STATIONS WHO WERE IN THEIR FIRST SERVICE YEAR ON JUNE 30, 1932, AND WHO LOST TIME WITHOUT PAY DURING THE FISCAL YEAR 1932, MAY NOT BE PAID FOR SUCH LOSS OF TIME BY GRANTING RETROACTIVE LEAVE WITH PAY ACCRUED DURING THE FISCAL YEAR 1932, UPON COMPLETION OF THEIR SERVICE YEAR WHILE ON FURLOUGH DURING THE FISCAL YEAR 1933.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, AUGUST 2, 1932:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF JULY 22, 1932, AS FOLLOWS:

THE PREPARATION OF INSTRUCTIONS TO THE NAVAL SERVICE GOVERNING THE PROCEDURE REQUIRED BY THE PROVISIONS OF THE ACT MAKING APPROPRIATIONS FOR THE LEGISLATIVE BRANCH AND FOR OTHER PURPOSES APPROVED JUNE 30, 1932, HAS DEVELOPED THE FOLLOWING QUESTIONS WHICH ARE SUBMITTED FOR DECISION:

(1) MAY EMPLOYEES OF NAVY YARDS AND NAVAL STATIONS WHO WERE IN THEIR SECOND OR SUBSEQUENT SERVICE YEAR ON JUNE 30, 1932, WHO DID NOT TAKE LEAVE WITH PAY ACCRUED DURING THE FISCAL YEAR 1932, AND WHO DID LOSE TIME WITHOUT PAY DURING THE SAME FISCAL YEAR, NOW RETROACTIVELY BE PAID FOR SUCH LOSS OF TIME?

(2) MAY EMPLOYEES OF NAVY YARDS AND NAVAL STATIONS WHO WERE IN THEIR FIRST SERVICE YEAR ON JUNE 30, 1932, AND WHO DID LOSE TIME WITHOUT PAY DURING THE FISCAL YEAR 1932, BE PAID FOR SUCH LOSS OF TIME BY RETROACTIVE LEAVE WITH PAY ACCRUED DURING THE FISCAL YEAR 1932 UPON COMPLETION OF THEIR SERVICE YEAR WHILE ON FURLOUGH DURING THE FISCAL YEAR 1933?

THESE ARE QUESTIONS OF PAY AND NOT OF LEAVE, AND APPARENTLY PAYMENT IS NOT PROHIBITED BY THE ACT.

PART II, SECTION 103, OF THE ECONOMY ACT OF JUNE 30, 1932, 47 STAT. 400, PROVIDES:

ALL RIGHTS NOW CONFERRED OR AUTHORIZED TO BE CONFERRED BY LAW UPON ANY OFFICER OR EMPLOYEE TO RECEIVE ANNUAL LEAVE OF ABSENCE WITH PAY ARE HEREBY SUSPENDED DURING THE FISCAL YEAR ENDING JUNE 30, 1933.

SECTION 803 PROVIDES:

THE PROVISIONS OF PART 2 HEREIN ARE HEREBY MADE APPLICABLE TO THE APPROPRIATIONS AVAILABLE FOR THE FISCAL YEAR 1933, WHETHER CONTAINED IN THIS ACT OR IN ACTS PRIOR OR SUBSEQUENT TO THE DATE OF THE APPROVAL OF THIS ACT.

IN DECISION OF JULY 8, 1932, TO THE PUBLIC PRINTER, A-43056, 12 COMP. GEN. 9, IT WAS HELD:

THE PLAIN PURPOSE OF THE ENACTMENT IS TO EFFECT A SAVING OR ECONOMY TO THE GOVERNMENT DURING THE FISCAL YEAR 1933, AND IT MUST BE CONSTRUED AND APPLIED TO EFFECTUATE THAT PURPOSE. IN THE ABSENCE OF ANY PROVISION IN THE STATUTE LIMITING THE SUSPENSION TO ANNUAL LEAVE WHICH WOULD BE EARNED OR ACCRUE DURING THE FISCAL YEAR 1933, THERE IS NO ALTERNATIVE BUT TO HOLD THAT THE SUSPENSION APPLIES, ALSO, TO RIGHTS TO ALL ANNUAL ACCRUED OR EARNED AND UNUSED PRIOR TO JULY 1, 1932.

IN THE SAME DECISION THE FOLLOWING QUESTIONS WERE ANSWERED IN THE NEGATIVE:

1. ARE EMPLOYEES ENTITLED TO TAKE IN THE FISCAL YEAR 1933 THE LEAVE EARNED BY THEM IN THE FISCAL YEAR 1932, IN VIEW OF SUCH LEAVE HAVING BEEN EARNED BY THEM BEFORE THE ACT WAS PASSED SUSPENDING THE GRANTING OF LEAVE IN THE FISCAL YEAR 1933?

4. WILL IT BE PERMITTED TO PAY TO EMPLOYEES RESIGNING OR SEPARATED FROM THE SERVICE FOR ANY CAUSE, IN THE FISCAL YEAR 1933, 15 (OR 30) DAYS OF THE LEAVE EARNED IN FISCAL YEAR 1932 AND THE PRO RATA LEAVE EARNED IN FISCAL YEAR 1933 AT RATE OF 15 DAYS ANNUALLY?

5. WILL IT BE PERMITTED TO PAY TO THE LEGAL REPRESENTATIVE OF AN EMPLOYEE WHO MAY DIE IN FISCAL YEAR 1933, 15 (OR 30) DAYS' LEAVE EARNED IN FISCAL YEAR 1932 AND PRO RATA LEAVE EARNED IN FISCAL YEAR 1933?

THE PURPOSE AND EFFECT OF SECTIONS 103 AND 803 OF THE ACT IN QUESTION ARE TO PREVENT THE USE OF APPROPRIATIONS OR FUNDS AVAILABLE FOR EXPENDITURE DURING THE FISCAL YEAR 1933 IN PAYING FOR TIME ABSENT ON LEAVE. AND THE INHIBITION OPERATES AGAINST PAYMENTS FOR LEAVE TAKEN WITHOUT PAY DURING A PREVIOUS YEAR AS WELL AS AGAINST PAYMENTS FOR LEAVE ACCRUED IN A PREVIOUS YEAR WHETHER TAKEN OR NOT TAKEN DURING THE FISCAL YEAR 1933, AS WELL AS AGAINST PAYMENTS FOR LEAVE WHICH BUT FOR SAID SECTION WOULD ACCRUE AND BE FOR TAKING DURING THE FISCAL YEAR 1933. IN OTHER WORDS, APPROPRIATIONS FOR THE FISCAL YEAR 1933 MAY NOT BE USED TO PAY FOR ANNUAL LEAVE REGARDLESS OF WHEN IT MAY HAVE BEEN EARNED OR WHETHER IT IS OR IS NOT TAKEN.