A-44391, SEPTEMBER 6, 1932, 12 COMP. GEN. 334

A-44391: Sep 6, 1932

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ECONOMY ACT - LEGISLATIVE AND ADMINISTRATIVE FURLOUGHS ASSUMING THAT THERE WAS NO LEGISLATIVE FURLOUGH ABSENCE IN EXCESS OF THE AMOUNT TO THE CREDIT OF AN EMPLOYEE FOR WHICH DEDUCTIONS FROM COMPENSATION HAD PREVIOUSLY BEEN MADE. 8 1/3 PERCENT OF THE COMPENSATION ACTUALLY EARNED DURING A MONTH IN WHICH AN EMPLOYEE WAS PLACED ON ADMINISTRATIVE FURLOUGH IS REQUIRED TO BE DEDUCTED AND IMPOUNDED. AS FOLLOWS: REFERENCE IS MADE TO DECISION OF AUGUST 20. WHEREIN IT IS HELD THAT "WHEN AN EMPLOYEE WORKS 3 MONTHS. IS NOT ABSENT ON LEGISLATIVE FURLOUGH MORE THAN 6 DAYS DURING THAT PERIOD. THEN IS EITHER ADMINISTRATIVELY FURLOUGHED UNDER SECTION 216 OF THE ACT OR VOLUNTARY ABSENT WITHOUT PAY DURING THE REMAINDER OF THE YEAR.

A-44391, SEPTEMBER 6, 1932, 12 COMP. GEN. 334

ECONOMY ACT - LEGISLATIVE AND ADMINISTRATIVE FURLOUGHS ASSUMING THAT THERE WAS NO LEGISLATIVE FURLOUGH ABSENCE IN EXCESS OF THE AMOUNT TO THE CREDIT OF AN EMPLOYEE FOR WHICH DEDUCTIONS FROM COMPENSATION HAD PREVIOUSLY BEEN MADE, 8 1/3 PERCENT OF THE COMPENSATION ACTUALLY EARNED DURING A MONTH IN WHICH AN EMPLOYEE WAS PLACED ON ADMINISTRATIVE FURLOUGH IS REQUIRED TO BE DEDUCTED AND IMPOUNDED.

COMPTROLLER GENERAL MCCARL TO THE CHAIRMAN OF THE FEDERAL FARM BOARD, SEPTEMBER 6, 1932:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF AUGUST 26, 1932, AS FOLLOWS:

REFERENCE IS MADE TO DECISION OF AUGUST 20, 1932, A-43815, WHEREIN IT IS HELD THAT "WHEN AN EMPLOYEE WORKS 3 MONTHS, IS NOT ABSENT ON LEGISLATIVE FURLOUGH MORE THAN 6 DAYS DURING THAT PERIOD, AND HAS 7 1/2 DAYS' PAY DEDUCTED, AND THEN IS EITHER ADMINISTRATIVELY FURLOUGHED UNDER SECTION 216 OF THE ACT OR VOLUNTARY ABSENT WITHOUT PAY DURING THE REMAINDER OF THE YEAR, THERE IS REQUIRED TO BE IMPOUNDED ONLY THE 7 1/2 DAYS' PAY.'

IN THE APPLICATION OF THE FOREGOING QUOTATION THE QUESTION ARISES OF WHAT PORTION OF THE MONTHLY PAY IS REQUIRED TO BE IMPOUNDED IN THE CASE OF AN EMPLOYEE PLACED ON ADMINISTRATIVE FURLOUGH UNDER SECTION 216 OF THE ECONOMY ACT FROM THE THIRD TO THE SEVENTEENTH, INCLUSIVE, OR FOR ANY PERIOD WITHIN A MONTH, AND WHO HAS NO EARNED LEGISLATIVE LEAVE?

YOUR OPINION ON THIS QUESTION IS RESPECTFULLY REQUESTED.

ASSUMING THAT THERE WAS NO LEGISLATIVE FURLOUGH ABSENCE IN EXCESS OF THE AMOUNT TO THE CREDIT OF AN EMPLOYEE FOR WHICH DEDUCTIONS FROM COMPENSATION HAD PREVIOUSLY BEEN MADE, 8 1/3 PERCENT OF THE COMPENSATION ACTUALLY EARNED DURING A MONTH IN WHICH AN EMPLOYEE WAS PLACED ON ADMINISTRATIVE FURLOUGH IS REQUIRED TO BE DEDUCTED AND IMPOUNDED. SEE DECISIONS OF AUGUST 22, 1932, A-43642, 12 COMP. GEN. 264, AND AUGUST 23, 1932, A-44085, 12 COMP. GEN. 273.