A-45497, NOVEMBER 23, 1932, 12 COMP. GEN. 452

A-45497: Nov 23, 1932

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THERE ARE FOR APPLICATION THE SAME RULES THAT WERE IN FORCE PRIOR TO JULY 1. ARE ENTITLED TO ONE DAY'S PAY FOR AUGUST 31. THE PETITION OF THE EMPLOYEES IS AS FOLLOWS: 1. WERE ON AUTHORIZED LEAVE OF ABSENCE WITHOUT PAY FOR SOME PART OF 30 AUGUST. WHICH WE CONSIDER IS CONTRARY TO COMPTROLLER GENERAL'S DECISION. REVIEW OF THE YARD DISBURSING OFFICE'S ACTION IS REQUESTED. THE BASIS FOR THE ACTION OF THE DISBURSING OFFICER IS STATED AS FOLLOWS: SUBJECT: CONTINUOUS ABSENCE ON 30 AND 31 AUGUST. STATES THAT WHEN AN EMPLOYEE WHO IS ABSENT FOR A PERIOD OF ONE HOUR AT THE CLOSE OF THE THIRTIETH DAY OF A MONTH AND IS ALSO ABSENT ON THE THIRTY-FIRST DAY. PAY FOR ONE HOUR ONLY IS FORFEITED. 2. - 72D CONGRESS H.R. 11267) SEC. 103 FOR THE CURRENT FISCAL YEAR STATES "ALL RIGHTS NOW CONFERRED OR AUTHORIZED TO BE CONFERRED BY LAW UPON ANY OFFICER OR EMPLOYEE TO RECEIVE ANNUAL LEAVE OF ABSENCE WITH PAY ARE HEREBY SUSPENDED DURING THE FISCAL YEAR ENDING JUNE 30.

A-45497, NOVEMBER 23, 1932, 12 COMP. GEN. 452

ECONOMY ACT - LEGISLATIVE FURLOUGH - COMPUTATION OF LEAVE OF ABSENCE WITHOUT PAY UNDER THE PROVISIONS OF SECTION 101 (B) OF THE ECONOMY ACT AND THE DECISIONS OF THE COMPTROLLER GENERAL OF THE UNITED STATES, 1 1/4 DAYS' PAY MUST BE DEDUCTED FOR EACH WORKING DAY'S ABSENCE ON LEGISLATIVE FURLOUGH TAKEN IN FRACTIONAL PERIODS OF LESS THAN ONE CALENDAR MONTH, IRRESPECTIVE OF THE DAY OF THE MONTH, INCLUDING THE 31ST DAY. IN COMPUTING AND WITHHOLDING COMPENSATION FOR AUTHORIZED LEAVE OF ABSENCE WITHOUT PAY AND ADMINISTRATIVE FURLOUGH WITHOUT PAY, THERE ARE FOR APPLICATION THE SAME RULES THAT WERE IN FORCE PRIOR TO JULY 1, 1932, INCLUDING THE RULE OF MERGING ABSENCE WITHOUT PAY ON THE 31ST DAY OF A MONTH WITH ABSENCE WITHOUT PAY ON THE 30TH DAY OF THE MONTH AS REQUIRED UNDER THE ACT OF JUNE 30, 1906, 34 STAT. 763.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, NOVEMBER 23, 1932:

THERE HAS BEEN RECEIVED YOUR COMMUNICATION OF OCTOBER 24, 1932, AS FOLLOWS:

1. RESPECTFULLY FORWARDED TO THE COMPTROLLER GENERAL OF THE UNITED STATES REQUESTING DECISION AS TO WHETHER OR NOT EDWARD T. DEE, WILLIAM J. ADAMS, WILLIAM J. MAHONEY, LEONARD F. CUSHING, FRED P. WARDWELL, THOMAS J. HACKETT, AND JAMES SOLHEIM, DRAFSTMEN AT THE NAVY YARD, BOSTON, MASS., ARE ENTITLED TO ONE DAY'S PAY FOR AUGUST 31, 1932, WHEN ABSENT ON THAT DATE AND ALSO ON PART OF AUGUST 30, 1932, THE ABSENCE IN ALL CASES BEING CONTINUOUS WITHIN THE PURVIEW OF YOUR DECISION OF MAY 22, 1930 (9 COMP. GEN. 481).

THE PETITION OF THE EMPLOYEES IS AS FOLLOWS:

1. WE, THE UNDERSIGNED DRAFTSMEN AT THE BOSTON NAVY YARD, WERE ON AUTHORIZED LEAVE OF ABSENCE WITHOUT PAY FOR SOME PART OF 30 AUGUST, 1932, AND ON AUTHORIZED ABSENCE FOR 31 AUGUST, 1932, SUCH ABSENCE IN ALL CASES BEING CONTINUOUS.

2. FOR THE PAY PERIOD 16-31 AUGUST, 1932, THE YARD DISBURSING OFFICE HAS WITHHELD FROM OUR SALARY ONE DAY'S PAY FOR THE 31ST, WHICH WE CONSIDER IS CONTRARY TO COMPTROLLER GENERAL'S DECISION, REFERENCE (A).

3. REVIEW OF THE YARD DISBURSING OFFICE'S ACTION IS REQUESTED.

THE BASIS FOR THE ACTION OF THE DISBURSING OFFICER IS STATED AS FOLLOWS:

SUBJECT: CONTINUOUS ABSENCE ON 30 AND 31 AUGUST, 1932--- PAYMENT FOR THE 31ST.

1. THE DECISION OF THE COMPTROLLER GENERAL OF MAY 22, 1930 (9 COMP. GEN. 481), STATES THAT WHEN AN EMPLOYEE WHO IS ABSENT FOR A PERIOD OF ONE HOUR AT THE CLOSE OF THE THIRTIETH DAY OF A MONTH AND IS ALSO ABSENT ON THE THIRTY-FIRST DAY, PAY FOR ONE HOUR ONLY IS FORFEITED.

2. THE ACT OF CONGRESS (PUBLIC NO. 212--- 72D CONGRESS H.R. 11267) SEC. 103 FOR THE CURRENT FISCAL YEAR STATES "ALL RIGHTS NOW CONFERRED OR AUTHORIZED TO BE CONFERRED BY LAW UPON ANY OFFICER OR EMPLOYEE TO RECEIVE ANNUAL LEAVE OF ABSENCE WITH PAY ARE HEREBY SUSPENDED DURING THE FISCAL YEAR ENDING JUNE 30, 1933.'

3. IN THE OPINION OF THE DISBURSING OFFICER OF THIS NAVY YARD, ABSENCE ON THE THIRTY-FIRST DAY OF A MONTH DURING THE CURRENT FISCAL YEAR, WHEN THIS DAY IS A DAY OF WORK, CONSTITUTES LEAVE.

4. AS THE ECONOMY ACT SPECIFICALLY STATES THAT DURING THE CURRENT FISCAL YEAR THERE SHALL BE NO LEAVE WITH PAY, THE DISBURSING OFFICER CONSIDERS THAT THE DECISION OF THE COMPTROLLER GENERAL OF MAY 22, 1930, IS NOT APPLICABLE DURING THE CONTINUANCE OF THE ECONOMY ACT AND IS IN CONFLICT WITH THE INTENT OF CONGRESS.

5. AS THE RETURNS OF A NAVY DISBURSING OFFICER ARE AUDITED BY THE COMPTROLLER GENERAL AND MUST CONFORM TO THE RULINGS OF THAT OFFICE, IT IS REQUESTED THAT THIS CASE BE REFERRED TO THE COMPTROLLER GENERAL FOR HIS DECISION.

IT IS UNDERSTOOD THAT THERE IS NOT INVOLVED HERE THE GRANTING OF LEGISLATIVE FURLOUGH WITHOUT PAY UNDER THE PROVISIONS OF SECTION 101 (B) OF THE ECONOMY ACT FOR A PART OF AUGUST 30 AND ALL OF AUGUST 31, BOTH OF WHICH ARE WORKING DAYS. UNDER THE PROVISIONS OF THAT SECTION OF THE ACT AND THE DECISIONS OF THIS OFFICE, 1 1/4 DAY'S PAY MUST BE DEDUCTED FOR EACH WORKING DAY'S ABSENCE OF LEGISLATIVE FURLOUGH TAKEN IN FRACTIONAL PERIODS OF LESS THAN ONE CALENDAR MONTH, IRRESPECTIVE OF THE DAY OF THE MONTH, INCLUDING THE 31ST DAY.

HOWEVER, IN COMPUTING AND WITHHOLDING COMPENSATION FOR AUTHORIZED LEAVE OF ABSENCE WITHOUT PAY AND ADMINISTRATIVE FURLOUGH WITHOUT PAY, THE SAME RULES IN FORCE PRIOR TO JULY 1, 1932, INCLUDING THE RULE STATED IN SAID DECISION OF MAY 22, 1930, 9 COMP. GEN. 481, ARE FOR APPLICATION. THERE IS NOT INVOLVED IN SAID RULE A VIOLATION OF SECTION 103 OF THE ECONOMY ACT SUSPENDING THE RIGHT TO RECEIVE ANNUAL LEAVE OF ABSENCE WITH PAY AS CONTENDED BY THE DISBURSING OFFICER. THE MERGING OF ABSENCE WITHOUT PAY ON THE 31ST DAY OF A MONTH WITH ABSENCE WITHOUT PAY ON THE 30TH DAY OF A MONTH IS REQUIRED SOLELY BY REASON OF THE PROVISIONS OF THE ACT OF JUNE 30, 1906, 34 STAT. 763, AS FOLLOWS:

* * * FOR THE PURPOSE OF COMPUTING SUCH COMPENSATION AND FOR COMPUTING TIME FOR SERVICES RENDERED DURING A FRACTIONAL PART OF A MONTH IN CONNECTION WITH ANNUAL OR MONTHLY COMPENSATION, EACH AND EVERY MONTH SHALL BE HELD TO CONSIST OF THIRTY DAYS WITHOUT REGARD TO THE ACTUAL NUMBER OF DAYS IN ANY CALENDAR MONTH, THUS EXCLUDING THE THIRTY-FIRST OF ANY CALENDAR MONTH FROM THE COMPUTATION, AND TREATING FEBRUARY AS IF IT ACTUALLY HAD THIRTY DAYS. * * * PROVIDED, THAT FOR ONE DAY'S UNAUTHORIZED ABSENCE ON THE THIRTY-FIRST DAY OF ANY CALENDAR MONTH ONE DAY'S PAY SHALL BE FORFEITED.

ASSUMING THAT LEGISLATIVE FURLOUGH WITHOUT PAY IS NOT INVOLVED, COMPENSATION SHOULD HAVE BEEN WITHHELD FROM THE EMPLOYEES IN QUESTION FOR THE STATED ABSENCE ON AUGUST 30 AND 31 FOR THE PERIOD OF THE ABSENCE ON AUGUST 30, ONLY, AND PROPER ADJUSTMENT IS AUTHORIZED ACCORDINGLY.