A-44803, SEPTEMBER 28, 1932, 12 COMP. GEN. 383

A-44803: Sep 28, 1932

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AS FOLLOWS: ONE OF THE EMPLOYEES OF THE INTERSTATE COMMERCE COMMISSION WAS GRANTED LEGISLATIVE FURLOUGH LEAVE FROM JULY 25 TO AND INCLUDING AUGUST 15. THIS EMPLOYEE WAS NOTIFIED THAT HE WOULD BE PLACED ON ADMINISTRATIVE FURLOUGH FROM AUGUST 16 TO DECEMBER 31. PRESENTING AS EVIDENCE A CERTIFICATION FROM A PHYSICIAN STATING THE EMPLOYEE HAD BEEN UNDER HIS CARE FOR EYE TROUBLE AND WAS INCAPACITATED FOR DUTY DURING THE PERIOD GRANTED AS FURLOUGH LEAVE. YOUR QUESTION IS ANSWERED IN THE NEGATIVE.

A-44803, SEPTEMBER 28, 1932, 12 COMP. GEN. 383

ECONOMY ACT - CHANGE OF LEGISLATIVE FURLOUGH LEGISLATIVE FURLOUGH ONCE GRANTED PURSUANT TO THE PROVISIONS, AND WITHIN THE LIMITATIONS, OF SECTION 101 (B) OF THE ECONOMY ACT AND ENTERED UPON BY THE EMPLOYEE, WHICH PLACES THE EMPLOYEE IN A NONPAY STATUS, MAY NOT BE REVOKED OR CHANGED AND THE EMPLOYEE RESTORED TO A PAY STATUS UNLESS AND UNTIL THERE HAS BEEN AN ACTUAL RETURN TO DUTY.

COMPTROLLER GENERAL MCCARL TO THE CHAIRMAN OF THE INTERSTATE COMMERCE COMMISSION, SEPTEMBER 28, 1932:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF SEPTEMBER 21, 1932, AS FOLLOWS:

ONE OF THE EMPLOYEES OF THE INTERSTATE COMMERCE COMMISSION WAS GRANTED LEGISLATIVE FURLOUGH LEAVE FROM JULY 25 TO AND INCLUDING AUGUST 15, 1932. UNDER DATE OF JULY 28, 1932, THIS EMPLOYEE WAS NOTIFIED THAT HE WOULD BE PLACED ON ADMINISTRATIVE FURLOUGH FROM AUGUST 16 TO DECEMBER 31, 1932, AND ON AUGUST 15, 1932, HE REQUESTED THAT THE FURLOUGH LEAVE WHICH HAD BEEN GRANTED FROM JULY 25 TO AUGUST 15, 1932, BE CHARGED TO SICK LEAVE, PRESENTING AS EVIDENCE A CERTIFICATION FROM A PHYSICIAN STATING THE EMPLOYEE HAD BEEN UNDER HIS CARE FOR EYE TROUBLE AND WAS INCAPACITATED FOR DUTY DURING THE PERIOD GRANTED AS FURLOUGH LEAVE.

MAY WE BE ADVISED WHETHER THE COMMISSION HAS THE AUTHORITY TO GRANT THE EMPLOYEE'S REQUEST?

LEGISLATIVE FURLOUGH ONCE GRANTED PURSUANT TO THE PROVISIONS, AND WITHIN THE LIMITATIONS, OF SECTION 101 (B) OF THE ECONOMY ACT AND ENTERED UPON BY THE EMPLOYEE, WHICH PLACES THE EMPLOYEE IN A NONPAY STATUS, MAY NOT BE REVOKED OR CHANGED AND THE EMPLOYEE RESTORED TO A PAY STATUS UNLESS AND UNTIL THERE HAS BEEN AN ACTUAL RETURN TO DUTY. ACCORDINGLY, YOUR QUESTION IS ANSWERED IN THE NEGATIVE.