A-44358, SEPTEMBER 3, 1932, 12 COMP. GEN. 330

A-44358: Sep 3, 1932

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

NO ADJUSTMENT IN COMPENSATION PAYMENTS OR IMPOUNDING OF FUNDS IS AUTHORIZED OR REQUIRED UNDER THE PLAN TO WHICH CHANGED FOR PRIOR PERIODS DURING WHICH THE OTHER PLAN WAS IN OPERATION. THE PRIOR ABSENCE FROM DUTY WHEN THE 5-DAY WEEK WAS IN OPERATION AND DURING WHICH THERE WAS NO LEGISLATIVE FURLOUGH. IN ANSWER TO QUESTION (4) (C) IT WAS HELD THAT THE SUSPENSION OF ANNUAL LEAVE WITH PAY DURING THE FISCAL YEAR 1933 APPLIED TO CIVILIAN EMPLOYEES AT NAVAL STATIONS OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES. EMPLOYEES OF SUCH STATIONS THEN ON LEAVE OF ABSENCE WITH PAY WERE PLACED ON LEAVE OF ABSENCE WITHOUT PAY EFFECTIVE JULY 1. 200 PER ANNUM WERE IN THE UNITED STATES WITH ACCRUED LEAVE OF ABSENCE WITH PAY ON JUNE 30 AND WERE PLACED ON LEAVE OF ABSENCE WITHOUT PAY FROM JULY 1 TO 14.

A-44358, SEPTEMBER 3, 1932, 12 COMP. GEN. 330

ECONOMY ACT - CHANGE FROM 5-DAY WEEK TO 5 1/2-DAY WEEK UPON CHANGE DURING THE YEAR FROM A 5-DAY WEEK TO A 5 1/2-DAY WEEK, NO ADJUSTMENT IN COMPENSATION PAYMENTS OR IMPOUNDING OF FUNDS IS AUTHORIZED OR REQUIRED UNDER THE PLAN TO WHICH CHANGED FOR PRIOR PERIODS DURING WHICH THE OTHER PLAN WAS IN OPERATION, AND EMPLOYEES MAY NOT BE PERMITTED TO COUNT AS LEGISLATIVE FURLOUGH, AFTER THE 5 1/2-DAY WEEK GOES INTO OPERATION, THE PRIOR ABSENCE FROM DUTY WHEN THE 5-DAY WEEK WAS IN OPERATION AND DURING WHICH THERE WAS NO LEGISLATIVE FURLOUGH.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, SEPTEMBER 3, 1932:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF AUGUST 24, 1932, AS FOLLOWS:

IN YOUR DECISION A-43185 OF JULY 14, 1932, IN ANSWER TO QUESTION (4) (C) IT WAS HELD THAT THE SUSPENSION OF ANNUAL LEAVE WITH PAY DURING THE FISCAL YEAR 1933 APPLIED TO CIVILIAN EMPLOYEES AT NAVAL STATIONS OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES. ACCORDINGLY, EMPLOYEES OF SUCH STATIONS THEN ON LEAVE OF ABSENCE WITH PAY WERE PLACED ON LEAVE OF ABSENCE WITHOUT PAY EFFECTIVE JULY 1, 1932.

SINCE THE DECISION OF JULY 14 THE DEPARTMENT HAS FOUND IT NECESSARY TO PLACE ALL EMPLOYEES OF THE SIXTEENTH NAVAL DISTRICT, INCLUDING THE INDUSTRIAL STATION AT CAVITE, P.I., ON A FIVE AND ONE-HALF DAY WEEK, EFFECTIVE AUGUST 21, 1932. THE COMMANDANT OF THE SIXTEENTH NAVAL DISTRICT HAS REPORTED THAT TWO EMPLOYEES AT CAVITE, C. A. CAVANAUGH AT $14.00 PER DIEM AND J. E. CALVERT AT $5,200 PER ANNUM WERE IN THE UNITED STATES WITH ACCRUED LEAVE OF ABSENCE WITH PAY ON JUNE 30 AND WERE PLACED ON LEAVE OF ABSENCE WITHOUT PAY FROM JULY 1 TO 14, 1932, PENDING THEIR RETURN TO THE STATION SUBSEQUENT TO THEIR RECEIPT OF NOTICE OF THE ENACTMENT OF THE LEGISLATIVE ACT FOR 1933.

THE COMMANDANT HAS REQUESTED, SINCE THESE EMPLOYEES HAVE NOW BEEN PLACED ON A FIVE AND ONE-HALF DAY WEEK BASIS, THAT THE INVOLUNTARY LEAVE WITHOUT PAY FROM JULY 1 TO 14, INCLUSIVE, BE CONSIDERED LEGISLATIVE FURLOUGH, THUS PREVENTING AN INJUSTICE TO THESE EMPLOYEES THROUGH A FURLOUGH IN EXCESS OF THAT APPLIED TO OTHER EMPLOYEES.

IN ORDER TO FACILITATE ACCOUNTING, IT HAS BEEN DEEMED VERY ESSENTIAL TO CLEARLY DIFFERENTIATE BETWEEN THE CONDITIONS LEGALLY APPLYING TO EMPLOYEES WORKING ON A FIVE-DAY WEEK BASIS AND THOSE APPLYING WHERE EMPLOYEES ARE WORKING ON A FIVE AND ONE-HALF DAY WEEK BASIS. HOWEVER, IN THIS PARTICULAR CASE IT SEEMS THAT THESE EMPLOYEES HAVING BEEN PLACED ON LEAVE OF ABSENCE WITHOUT PAY BY DIRECT OPERATION OF THE ACT ARE ENTITLED TO CONSIDERATION AS AN EXCEPTION TO THE RULE. YOUR DECISION IS THEREFORE REQUESTED AS TO WHETHER THIS ABSENCE FROM JULY 1 TO 14 CAN BE TREATED AS LEGISLATIVE FURLOUGH AND THE NECESSARY DEDUCTIONS FOR IMPOUND MADE ACCORDINGLY, ADJUSTMENTS BEING MADE ON SUBSEQUENT ROLLS TO ACCOMPLISH THE PURPOSE.

IT IS UNDERSTOOD THAT PRIOR TO AUGUST 21, 1932, THE PER DIEM AND PER ANNUM EMPLOYEES IN QUESTION WERE ON A 5-DAY WEEK BASIS AND THAT ON AND AFTER THAT DATE THEY HAVE BEEN PLACED ON A 5 1/2-DAY WEEK BASIS. THE PROVISION OF SECTION 101 (A) OF THE ECONOMY ACT FOR A 5-DAY WEEK, AND THE PROVISIONS OF SECTION 101 (B) FOR LEGISLATIVE FURLOUGH ARE SEPARATE AND DISTINCT, AND THE PROVISIONS UNDER EACH SECTION ARE EXCLUSIVELY FOR APPLICATION DURING THE PERIOD OF THE YEAR THE RESPECTIVE PLANS ARE IN OPERATION. UPON CHANGE DURING THE YEAR FROM ONE PLAN TO THE OTHER, NO ADJUSTMENT IN COMPENSATION PAYMENTS OR IMPOUNDING OF FUNDS IS AUTHORIZED OR REQUIRED UNDER THE PLAN TO WHICH CHANGED FOR PRIOR PERIODS DURING WHICH THE OTHER PLAN WAS IN OPERATION. THUS, IN THE INSTANT CASE, THE EMPLOYEES MAY NOT BE PERMITTED TO COUNT AS LEGISLATIVE FURLOUGH AFTER AUGUST 21, 1932, THE ABSENCE FROM DUTY IN JULY WHEN THE 5-DAY WEEK PLAN WAS IN OPERATION AND DURING WHICH PERIOD THERE WAS NO LEGISLATIVE FURLOUGH. THERE ARE REQUIRED TO BE DEDUCTED AND IMPOUNDED THE FULL PRO RATA LEGISLATIVE FURLOUGH DEDUCTIONS FOR THE PORTION OF THE YEAR THE EMPLOYEES CONTINUE ON A 5 1/2-DAY WEEK BASIS.