A-43983, AUGUST 25, 1932, 12 COMP. GEN. 285

A-43983: Aug 25, 1932

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WHICH IS THE LENGTH OF FURLOUGH PRESCRIBED BY SECTION 101B OF THE SO-CALLED ECONOMY ACT. THAT THE ABSENCE OF SUCH EMPLOYEE ON THE 31ST OF AUGUST WILL NOT HAVE BEEN AN "UNAUTHORIZED ABSENCE.' 2. IT IS REQUESTED THAT THE FOLLOWING QUESTION BE PRESENTED TO THE COMPTROLLER GENERAL OF THE UNITED STATES FOR DECISION: WHERE AN OFFICER OF THE NAVY IS ABSENT FROM AUGUST 3 TO SEPTEMBER 2. THERE IS NO ABSENCE IN SEPTEMBER SUBSEQUENT TO SEPTEMBER 2. FOR WHICH LATTER PURPOSE TWENTY-FOUR WORKING DAYS (COUNTING SATURDAY AS ONE-HALF DAY) SHALL BE CONSIDERED AS THE EQUIVALENT OF ONE CALENDAR MONTH: * * * THE TERM "CALENDAR MONTH" IS DEFINED IN WORDS AND PHRASES. IF THE LAST MONTH HAVE NOT SO MANY DAYS. THE SAME DEFINITION WAS GIVEN IN THE LATER CASE OF WILLIAM BROS.

A-43983, AUGUST 25, 1932, 12 COMP. GEN. 285

ECONOMY ACT - LEGISLATIVE FURLOUGH - "ONE CALENDAR MONTH" WITHIN THE MEANING OF SECTION 101 (B) OF THE ECONOMY ACT, THE LEGISLATIVE FURLOUGH OF "ONE CALENDAR MONTH" MAY BEGIN ON ANY DAY OF A CALENDAR MONTH AND END ON THE DAY IN THE SUCCEEDING CALENDAR MONTH CORRESPONDING TO THE DATE IN THE PRECEDING MONTH FROM WHICH THE COMPUTATION BEGAN.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, AUGUST 25, 1932:

THERE HAS BEEN RECEIVED YOUR LETTER OF AUGUST 10, 1932, REQUESTING DECISION OF THE QUESTION PRESENTED IN THE FOLLOWING COMMUNICATION TO YOU, DATED AUGUST 5, 1932, FROM THE BUREAU OF SUPPLIES AND ACCOUNTS, NAVY DEPARTMENT:

1. IN DECISION OF JULY 26, 1932, THE COMPTROLLER GENERAL OF THE UNITED STATES IN CONSTRUING SECTION 101B OF THE ACT OF JUNE 30, 1932, HELD THAT THE ABSENCE OF AN EMPLOYEE FOR THE ENTIRE MONTH OF AUGUST CONSTITUTES AN ABSENCE FOR ONE CALENDAR MONTH, WHICH IS THE LENGTH OF FURLOUGH PRESCRIBED BY SECTION 101B OF THE SO-CALLED ECONOMY ACT, AND THAT THE ABSENCE OF SUCH EMPLOYEE ON THE 31ST OF AUGUST WILL NOT HAVE BEEN AN "UNAUTHORIZED ABSENCE.'

2. IT IS REQUESTED THAT THE FOLLOWING QUESTION BE PRESENTED TO THE COMPTROLLER GENERAL OF THE UNITED STATES FOR DECISION:

WHERE AN OFFICER OF THE NAVY IS ABSENT FROM AUGUST 3 TO SEPTEMBER 2, 1932, BOTH DATES INCLUSIVE (DURING WHICH PERIOD HE EARNS BUT ONE MONTH'S PAY), WHAT CHECK AGE SHOULD BE MADE AGAINST HIS ACCOUNT FOR AUGUST AND WHAT CHECK AGE SHOULD BE MADE AGAINST HIS ACCOUNT FOR SEPTEMBER?

IN THE CASE TO BE CONSIDERED, THE OFFICER HAS HAD NO FURLOUGH PRIOR TO GOING ON LEAVE ON AUGUST 3, AND THERE IS NO ABSENCE IN SEPTEMBER SUBSEQUENT TO SEPTEMBER 2.

SECTION 101 (B) OF THE ECONOMY ACT OF JUNE 30, 1932, 47 STAT. 399, PROVIDES, IN PART, AS FOLLOWS:

(B) EACH OFFICER OR EMPLOYEE RECEIVING COMPENSATION ON AN ANNUAL BASIS AT THE RATE OF MORE THAN $1,000 PER ANNUM 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 TWENTY-FOUR WORKING DAYS (COUNTING SATURDAY AS ONE-HALF DAY) SHALL BE CONSIDERED AS THE EQUIVALENT OF ONE CALENDAR MONTH: * * *

THE TERM "CALENDAR MONTH" IS DEFINED IN WORDS AND PHRASES, FIRST SERIES, AS "A MONTH ENDING ON THE DAY IN THE SUCCEEDING MONTH CORRESPONDING TO THE DAY IN THE PRECEDING MONTH FROM WHICH THE COMPUTATION BEGAN, AND IF THE LAST MONTH HAVE NOT SO MANY DAYS, THEN ON THE LAST DAY OF THAT TH," CITING DALEY V. ANDERSON, 48 PAC. 839. THE SAME DEFINITION WAS GIVEN IN THE LATER CASE OF WILLIAM BROS. V. BANK OF BLUE MOUNTAIN, 95 SO. 843. ALSO, IN WORDS AND PHRASES, FIRST SERIES, THERE IS CITED A CASE IN WHICH IT WAS HELD THAT UNDER A STATUTE PROVIDING THAT CHARITY BEQUESTS SHALL BE VOID UNLESS EXECUTED AT LEAST "ONE CALENDAR MONTH" BEFORE THE DECEASE OF THE TESTATOR, A WILL EXECUTED FEBRUARY 27, 1883, BY A TESTATOR WHO DIED MARCH 28, 1883, WAS EXECUTED ONE CALENDAR MONTH PRIOR TO TESTATOR'S DEATH. LIKEWISE, IN WORDS AND PHRASES, SECOND SERIES, IT IS STATED THAT "A CALENDAR MONTH BEGINNING IN FEBRUARY, EXCEPT IN LEAP YEAR, IS OF 28 DAYS' DURATION," CITING IN RE GREGG'S ESTATE, 213 PA. 260.

SINCE THE FURLOUGH ABSENCE FROM AUGUST 3, TO SEPTEMBER 2, BOTH DATES INCLUSIVE, IS AN ABSENCE OF "ONE CALENDAR MONTH" WITHIN THE MEANING OF SECTION 101 (B) OF THE ECONOMY ACT, IT IS TO BE TREATED AS SUCH FOR DEDUCTION PURPOSES REGARDLESS OF THE NUMBER OF WORKING DAYS INCLUDED THEREIN. ACCORDINGLY, IN SPECIFIC ANSWER TO THE QUESTIONS PRESENTED, YOU ARE ADVISED THAT THERE SHOULD BE CHECKED AGAINST THE OFFICER'S AUGUST PAY ACCOUNT TWENTY-EIGHT THIRTIETHS OF A MONTH'S PAY, AND AGAINST HIS SEPTEMBER PAY ACCOUNT TWO-THIRTIETHS OF A MONTH'S PAY, WITH CREDIT, OF COURSE, FOR ANY FURLOUGH DEDUCTIONS PREVIOUSLY MADE, IT BEING UNDERSTOOD THERE WAS NO ABSENCE FROM JULY 1 TO AUGUST 2, 1932.