A-43662, AUGUST 3, 1932, 12 COMP. GEN. 173

A-43662: Aug 3, 1932

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TOOK ANNUAL LEAVE WITH PAY IN EXCESS OF THE AMOUNT ACCRUED AT THE RATE OF 2 1/2 DAYS PER MONTH BUT NOT IN EXCESS OF THE AMOUNT TO WHICH HE WOULD HAVE BEEN ENTITLED DURING THE CALENDAR YEAR ENDING DECEMBER 31. EMPLOYEES OF THE DEPARTMENT OF THE INTERIOR WHO ARE FURNISHED QUARTERS AS A PART OF THEIR COMPENSATION MUST BE CHARGED WITH THE VALUE OF SUCH QUARTERS WHEN ON LEGISLATIVE OR ADMINISTRATIVE FURLOUGH WITHOUT PAY IF THE QUARTERS ARE NOT VACATED DURING SUCH ABSENCE. AS OLLOWS: MAY WE KINDLY HAVE ADVICE ON THE FOLLOWING POINTS IN VIEW OF LEGISLATION RELATIVE TO THE FURLOUGH AND SUSPENSION OF LEAVE. MAY THIS BE ALLOWED OR WILL ANY TIME IN EXCESS OF 15 DAYS TAKEN HAVE TO BE REFUNDED? 2. IF THE LEAVE TAKEN WAS BECAUSE OF SERIOUS ILLNESS MAY THE FULL TIME BE ALLOWED IF PAYMENT WAS MADE FROM THE 1932 APPROPRIATION? 3.

A-43662, AUGUST 3, 1932, 12 COMP. GEN. 173

ECONOMY ACT - ANNUAL LEAVE PRIOR TO JULY 1, 1932 - QUARTERS ALLOWANCE ON LEGISLATIVE FURLOUGH THE FACT THAT AN EMPLOYEE PRIOR TO JULY 1, 1932, TOOK ANNUAL LEAVE WITH PAY IN EXCESS OF THE AMOUNT ACCRUED AT THE RATE OF 2 1/2 DAYS PER MONTH BUT NOT IN EXCESS OF THE AMOUNT TO WHICH HE WOULD HAVE BEEN ENTITLED DURING THE CALENDAR YEAR ENDING DECEMBER 31, 1932, BUT FOR THE ECONOMY ACT, DOES NOT REQUIRE THAT SUCH EXCESS LEAVE BE REGARDED AS LEAVE WITHOUT PAY OR CHARGED AGAINST THE FURLOUGH TIME UNDER THE ECONOMY ACT. EMPLOYEES OF THE DEPARTMENT OF THE INTERIOR WHO ARE FURNISHED QUARTERS AS A PART OF THEIR COMPENSATION MUST BE CHARGED WITH THE VALUE OF SUCH QUARTERS WHEN ON LEGISLATIVE OR ADMINISTRATIVE FURLOUGH WITHOUT PAY IF THE QUARTERS ARE NOT VACATED DURING SUCH ABSENCE. WHEN NO PAY ACCRUES BY REASON OF SUCH ABSENCE, THE VALUE OF THE QUARTERS MUST BE DEDUCTED FROM THE NEXT PAY DUE THE EMPLOYEE.

COMPTROLLER GENERAL MCCARL TO THE SUPERINTENDENT OF THE THEODORE ROOSEVELT SCHOOL, AUGUST 3, 1932:

THERE HAS BEEN RECEIVED A LETTER FROM THE ACTING SUPERINTENDENT DATED JULY 21, 1932, AS OLLOWS:

MAY WE KINDLY HAVE ADVICE ON THE FOLLOWING POINTS IN VIEW OF LEGISLATION RELATIVE TO THE FURLOUGH AND SUSPENSION OF LEAVE, SO THAT WE MAY KNOW HOW TO HANDLE THESE ITEMS IN THE ACCOUNTING ON THE PAY ROLL.

1. IF AN EMPLOYEE TOOK ANNUAL LEAVE PRIOR TO JUNE 30 AND RECEIVED SALARY PAYMENT FROM THE APPROPRIATION FOR THE FISCAL YEAR, 1932, MAY THIS BE ALLOWED OR WILL ANY TIME IN EXCESS OF 15 DAYS TAKEN HAVE TO BE REFUNDED?

2. IF THE LEAVE TAKEN WAS BECAUSE OF SERIOUS ILLNESS MAY THE FULL TIME BE ALLOWED IF PAYMENT WAS MADE FROM THE 1932 APPROPRIATION?

3. UNDER THE FURLOUGH PLAN WILL THE FULL AMOUNT OF QUARTERS HAVE TO BE COLLECTED DURING THE TIME EMPLOYEE IS FORCED OFF ON LEAVE WITHOUT PAY?

4. IF EMPLOYEES TAKE LEAVE WITHOUT PAY AND ENTIRELY VACATE THEIR QUARTERS, LEAVING THEM OPEN FOR OCCUPATION BY OTHERS WILL THE DEDUCTION HAVE TO BE MADE?

5. IF AN EMPLOYEE IS MARRIED AND HUSBAND IS LIKEWISE EMPLOYED AND A REGULAR CIVIL SERVICE EMPLOYEE, IF THE EMPLOYEE IS ON EDUCATIONAL LEAVE AND FURLOUGH, WILL BOTH HAVE TO PAY FOR QUARTERS, IF ONE IS STILL OCCUPYING THEM AND PAYING FOR SAME?

6. IF TWO EMPLOYEES ARE FURLOUGHED AT THE TIME, BOTH OF WHOM ARE EMPLOYED AND PAYING FOR QUARTERS, MAY DEDUCTION BE MADE FROM ONLY ONE, OR WILL BOTH HAVE TO PAY?

7. IF AN EMPLOYEE TAKES THE WHOLE AMOUNT OF HIS FURLOUGH DURING ONE MONTH AND RECEIVES NO PAY CHECK FOR THAT MONTH, MUST THE AMOUNT FOR QUARTERS BE DEDUCTED IN SOME SUBSEQUENT MONTH IN ADDITION TO THE AMOUNT DEDUCTED FOR THAT MONTH?

WE WILL VERY MUCH APPRECIATE RULING ON THE ABOVE, AS WE ARE NOT CLEAR AS TO HOW IT WILL BE HANDLED WITH REGARD TO QUARTERS.

IN DECISION OF JULY 16, 1932, A-43338, 12 COMP. GEN. 63, IT WAS HELD THAT THE FACT THAT AN EMPLOYEE PRIOR TO JULY 1, 1932, HAD TAKEN ANNUAL LEAVE WITH PAY IN EXCESS OF THE AMOUNT THAT HAD ACCRUED AT THE RATE OF TWO AND ONE-HALF DAYS PER MONTH, BUT NOT IN EXCESS OF THE AMOUNT TO WHICH HE WOULD HAVE BEEN ENTITLED DURING THE CALENDAR YEAR ENDING DECEMBER 31, 1932, BUT FOR THE PASSAGE OF THE ACT OF JUNE 30, 1932, DOES NOT REQUIRE THAT THE AMOUNT OF SUCH EXCESS BE REGARDED AS LEAVE WITHOUT PAY OR BE CHARGED AGAINST THE FURLOUGH TIME TO WHICH THE EMPLOYEE IS ENTITLED AS A RESULT OF THE OPERATION OF THE PROVISIONS OF SECTION 101 (B) OF THE SAID ACT. UPON THE ASSUMPTION THAT YOUR QUESTION 2 HAS REFERENCE TO ANNUAL LEAVE OF ABSENCE, BOTH QUESTIONS 1 AND 2 WOULD APPEAR TO BE ANSWERED BY THE ABOVE DECISION.

YOUR QUESTIONS 3, 4, 5, AND 6 WOULD APPEAR TO BE ANSWERED BY THE REGULATIONS ISSUED JULY 20, 1931, BY THE SECRETARY OF THE INTERIOR WITH RESPECT TO ALLOWANCES FOR QUARTERS, PARAGRAPHS 31 AND 32 OF WHICH PROVIDE AS FOLLOWS:

31. DEDUCTIONS WILL BE MADE FOR QUARTERS WHEN THE EMPLOYEE TO WHOM THEY ARE ASSIGNED IS ON LEAVE WITHOUT PAY, EXCEPT THAT IF THE EMPLOYEE COMPLETELY VACATES THE QUARTERS AND THUS RENDERS THEM AVAILABLE FOR OCCUPANCY BY ANOTHER EMPLOYEE NO DEDUCTIONS SHALL BE MADE DURING SUCH PERIOD OF LEAVE WITHOUT PAY.

32. WHEN HUSBAND AND WIFE, BOTH EMPLOYEES, OCCUPY THE SAME SET OF QUARTERS, NO DEDUCTIONS SHALL BE MADE FROM THE SALARY OF ONE OF THEM DURING ANY PERIOD THAT SUCH EMPLOYEE SHALL BE ON LEAVE WITHOUT PAY,PROVIDED DEDUCTIONS ARE MADE FROM THE SALARY OF THE OTHER DURING SUCH PERIOD.

LEGISLATIVE FURLOUGHS WITHOUT PAY MAY BE CONSIDERED FOR PURPOSES OF QUARTERS ALLOWANCES THE SAME AS LEAVES OF ABSENCE WITHOUT PAY UNDER THESE REGULATIONS.

AS PARAGRAPH 31 OF THE REGULATIONS REQUIRES DEDUCTIONS FOR THE VALUE OF QUARTERS FURNISHED WHEN THE EMPLOYEE IS ON LEAVE WITHOUT PAY AND THE QUARTERS ARE NOT VACATED, IT FOLLOWS THAT WHEN AN EMPLOYEE HAS TAKEN A FULL MONTH'S FURLOUGH THE FULL VALUE OF SUCH QUARTERS AND, ALSO, THE AMOUNT OF THE RETIREMENT DEDUCTIONS FOR THAT MONTH MUST BE DEDUCTED FROM THE NEXT PAY ACCRUING TO SUCH EMPLOYEE. A-43420, JULY 21, 1932, 12 COMP. GEN. 97.