A-44880, OCTOBER 1, 1932, 12 COMP. GEN. 385

A-44880: Oct 1, 1932

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IS AUTHORIZED WITH PAY. 11 COMP. ELIZABETHS HOSPITAL WAS ABSENT WITH THE APPROVAL OF THE SUPERINTENDENT OF THAT INSTITUTION ON LEGISLATIVE FURLOUGH FOR ONE AND ONE-HALF DAYS ON AUGUST 5 AND 6. UNDER COMPETENT MILITARY AUTHORITY HE WAS ORDERED TO MILITARY DUTY AND WAS FURTHER ABSENT FOR THIS PURPOSE FROM AUGUST 7 TO 21 INCLUSIVE. IT WAS HELD. YOUR DECISION IS REQUESTED WHETHER THE EMPLOYEE REFERRED TO IS ENTITLED TO MILITARY LEAVE WITH PAY FOR THE PERIOD FROM AUGUST 7 TO 21 INCLUSIVE. THERE WAS CONSIDERED THE CASE OF AN EMPLOYEE ON LEAVE OF ABSENCE WITHOUT PAY BEGINNING FEBRUARY 7. IT WAS HELD: THE RIGHT TO LEAVE WITH PAY UNDER THIS STATUTE ACCRUES ONLY WHEN THE OFFICERS AND EMPLOYEES ARE IN A DUTY STATUS AT THE TIME THEY GO ON TRAINING DUTY.

A-44880, OCTOBER 1, 1932, 12 COMP. GEN. 385

ECONOMY ACT - MILITARY LEAVE FOLLOWING LEGISLATIVE FURLOUGH MILITARY LEAVE ADMINISTRATIVELY GRANTED TO FOLLOW IMMEDIATELY A PERIOD OF LEGISLATIVE FURLOUGH, ALSO ADMINISTRATIVELY GRANTED, IS AUTHORIZED WITH PAY. 11 COMP. GEN. 469; 12 ID. 241, DISTINGUISHED.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE INTERIOR, OCTOBER 1, 1932:

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

AN ATTENDANT AT ST. ELIZABETHS HOSPITAL WAS ABSENT WITH THE APPROVAL OF THE SUPERINTENDENT OF THAT INSTITUTION ON LEGISLATIVE FURLOUGH FOR ONE AND ONE-HALF DAYS ON AUGUST 5 AND 6. UNDER COMPETENT MILITARY AUTHORITY HE WAS ORDERED TO MILITARY DUTY AND WAS FURTHER ABSENT FOR THIS PURPOSE FROM AUGUST 7 TO 21 INCLUSIVE. THIS ABSENCE ALSO HAD THE APPROVAL OF THE SUPERINTENDENT.

IN YOUR DECISION OF JUNE 6, 1932 (A-42547), IT WAS HELD, QUOTING FROM THE SYLLABUS, THAT---

"THE RIGHT OF CIVILIAN OFFICERS AND EMPLOYEES OF THE GOVERNMENT * * * TO LEAVE OF ABSENCE WITH PAY * * * ACCRUES ONLY WHEN IN A DUTY STATUS OR RECEIVING PAY FROM THE GOVERNMENT AT THE TIME OF GOING ON TRAINING DUTY.'

HAVING THIS RULING IN MIND, YOUR DECISION IS REQUESTED WHETHER THE EMPLOYEE REFERRED TO IS ENTITLED TO MILITARY LEAVE WITH PAY FOR THE PERIOD FROM AUGUST 7 TO 21 INCLUSIVE.

IN THE DECISION TO WHICH YOU REFER, 11 COMP. GEN. 469, THERE WAS CONSIDERED THE CASE OF AN EMPLOYEE ON LEAVE OF ABSENCE WITHOUT PAY BEGINNING FEBRUARY 7, 1932, WHO APPLIED FOR MILITARY LEAVE FOR THE PERIOD APRIL 14 TO APRIL 28, 1932, UNDER THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1089, AND AFTER QUOTING THE STATUTE, IT WAS HELD:

THE RIGHT TO LEAVE WITH PAY UNDER THIS STATUTE ACCRUES ONLY WHEN THE OFFICERS AND EMPLOYEES ARE IN A DUTY STATUS AT THE TIME THEY GO ON TRAINING DUTY. THIS IS CLEARLY EVIDENCED BY THE USE OF THE PHRASE "WITHOUT LOSS OF PAY, TIME, OR EFFICIENCY RATING.' THAT IS, THE STATUTE COULD NOT POSSIBLY BE INVOKED WHERE AN OFFICER OR EMPLOYEE, WHO IS A MEMBER OF THE NAVAL RESERVE, IS NOT IN A DUTY STATUS OR RECEIVING PAY FROM THE GOVERNMENT IMMEDIATELY PRIOR TO THE TIME THE TRAINING DUTY BEGINS. SEE GENERALLY 10 COMP. GEN. 116. THE STATUTE DOES NOT AUTHORIZE PAY FOR TRAINING DUTY, BUT SIMPLY SAVES CIVILIAN PAY, ETC., TO WHICH OTHERWISE ENTITLED FOR A PERIOD NOT IN EXCESS OF 15 DAYS IN ANY ONE CALENDAR YEAR WHEN UNDERGOING TRAINING BY REASON OF MEMBERSHIP IN THE NAVAL RESERVE.

THE INSTANT CASE PRESENTS A DIFFERENT QUESTION. THE ABSENCE WITHOUT PAY WAS FOR LEGISLATIVE FURLOUGH REQUIRED BY STATUTE AND GRANTED FOR A DEFINITE PERIOD WHICH WAS FOLLOWED IMMEDIATELY BY THE AUTHORIZED MILITARY LEAVE. THE PRINCIPLE STATED IN THE DECISION CITED DOES NOT APPLY HERE. THIS CASE IS TO BE DISTINGUISHED, ALSO, FROM THE CASE CONSIDERED IN DECISION OF AUGUST 15, 1932, A-43594, 12 COMP. GEN. 241, WHERE THE EMPLOYEE ENTERED UPON MILITARY TRAINING DURING A PERIOD OF LEGISLATIVE FURLOUGH ADMINISTRATIVELY GRANTED, NO MILITARY LEAVE HAVING BEEN GRANTED.

ANSWERING YOUR QUESTION SPECIFICALLY, YOU ARE ADVISED THAT THE EMPLOYEE IN QUESTION IS ENTITLED TO MILITARY LEAVE WITH PAY FOR THE PERIOD AUGUST 7 TO 21, INCLUSIVE, IN THE ABSENCE OF OTHER OBJECTION.