A-46497, JANUARY 25, 1933, 12 COMP. GEN. 505

A-46497: Jan 25, 1933

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ECONOMY ACT - LEGISLATIVE FURLOUGH DURING ABSENCE WHILE RECEIVING DISABILITY COMPENSATION DURING THE PERIOD THROUGH WHICH DISABILITY COMPENSATION IS PAID BY THE EMPLOYEES' COMPENSATION COMMISSION UNDER THE PROVISIONS OF THE EMPLOYEES' COMPENSATION ACT. THE EMPLOYEE IS IN A NONPAY STATUS IN HIS CIVILIAN POSITION AND SUCH PERIOD MAY NOT BE CONSIDERED AS LEGISLATIVE FURLOUGH BY THE ADMINISTRATIVE OFFICE UNDER THE PROVISIONS OF SECTION 101 (B) OF THE ECONOMY ACT. THE AMOUNT OF LEGISLATIVE FURLOUGH IMPOSED ON THE EMPLOYEE DURING THE ENTIRE FISCAL YEAR UNDER THE PROVISION OF THE ECONOMY ACT MAY BE REDUCED PROPORTIONATELY AT THE RATE OF TWO DAYS PER MONTH FOR THE PERIOD ON LEAVE OF ABSENCE WITHOUT PAY DURING WHICH THE EMPLOYEE IS RECEIVING DISABILITY COMPENSATION.

A-46497, JANUARY 25, 1933, 12 COMP. GEN. 505

ECONOMY ACT - LEGISLATIVE FURLOUGH DURING ABSENCE WHILE RECEIVING DISABILITY COMPENSATION DURING THE PERIOD THROUGH WHICH DISABILITY COMPENSATION IS PAID BY THE EMPLOYEES' COMPENSATION COMMISSION UNDER THE PROVISIONS OF THE EMPLOYEES' COMPENSATION ACT, AFTER THE EXPIRATION OF ALL SICK LEAVE AND THE THREE WAITING DAYS, THE EMPLOYEE IS IN A NONPAY STATUS IN HIS CIVILIAN POSITION AND SUCH PERIOD MAY NOT BE CONSIDERED AS LEGISLATIVE FURLOUGH BY THE ADMINISTRATIVE OFFICE UNDER THE PROVISIONS OF SECTION 101 (B) OF THE ECONOMY ACT, BUT ONLY AS LEAVE OF ABSENCE WITHOUT PAY. THE AMOUNT OF LEGISLATIVE FURLOUGH IMPOSED ON THE EMPLOYEE DURING THE ENTIRE FISCAL YEAR UNDER THE PROVISION OF THE ECONOMY ACT MAY BE REDUCED PROPORTIONATELY AT THE RATE OF TWO DAYS PER MONTH FOR THE PERIOD ON LEAVE OF ABSENCE WITHOUT PAY DURING WHICH THE EMPLOYEE IS RECEIVING DISABILITY COMPENSATION. COMP. GEN. 241 DISTINGUISHED.

COMPTROLLER GENERAL MCCARL TO THE POSTMASTER GENERAL, JANUARY 25, 1933:

THERE HAS BEEN RECEIVED IN THIS OFFICE THE FOLLOWING LETTER DATED JANUARY 3, 1933, FROM JAMES C. HENDRY, A CLERK IN THE WASHINGTON, D.C., POST OFFICE.

I HEREBY REQUEST YOUR DECISION ON MY CASE, WHICH IS AS FOLLOWS:

I AM EMPLOYED BY THE CITY POST OFFICE AT WASHINGTON, D.C., AS A REGISTRY CLERK, SALARY $2,100 PER ANNUM.

ON JUNE 14TH, 1932, I WAS INJURED IN LINE OF DUTY. DURING THE PERIOD, JULY 1ST, 1932, TO SEPTEMBER 7TH, 1932, I HAD TAKEN EIGHT DAYS OFF WITHOUT PAY, WHICH WAS CHARGED TO FURLOUGH. I WAS HOSPITALIZED SEPTEMBER 8TH, 1932, FOR OPERATION AND WAS ABSENT FROM DUTY UNTIL OCTOBER 23RD, 1932, FOR THIS TIME I DREW COMPENSATION FROM THE U.S. EMPLOYEES' COMPENSATION COMMISSION AT THE RATE OF $116 PER MONTH. MY UNDERSTANDING AT THE TIME OF HOSPITALIZATION WAS THAT THE TIME ABSENT FROM SERVICE WOULD BE CHARGED TO FURLOUGH, UNTIL THE REQUIRED TWENTY FOUR DAYS WERE EXHAUSTED, AS I WAS ON A NONPAY STATUS IN SO FAR AS THE POST OFFICE WAS CONCERNED.

IN VIEW OF THE FACT THAT GOVERNMENT EMPLOYEES WHILE ON FURLOUGH TIME SERVE IN MILITARY TRAINING CAMPS, AND RECEIVE PAY FOR SAME, ALSO THAT VETERANS RECEIVE COMPENSATION WHILE ON FURLOUGH, I AM OF THE OPINION THAT MY CASE SHOULD BE CONSIDERED OF THE SAME NATURE, AND THAT THE TIME WHICH I WAS ABSENT FROM THE SERVICE OF THE POST OFFICE SHOULD BE CONSIDERED AS FURLOUGH.

THE RECORDS OF THIS OFFICE DISCLOSE THAT HENDRY IS EMPLOYED AS A CLERK WITH SALARY OF $2,100 PER ANNUM, AND AS SHOWN ON VOUCHER SUBMITTED FOR THE QUARTER ENDED SEPTEMBER 30, 1932, BY THE POSTMASTER AT WASHINGTON, D.C., THE SUM OF $58.40 WAS DEDUCTED FROM HIS SALARY FOR EIGHT DAYS' FURLOUGH AT $7.30 PER DAY, AND $126.66 FOR 22 4/8 DAYS' ABSENCE WITHOUT PAY. THE ACCOUNT FOR THE QUARTER ENDED DECEMBER 31, 1932, HAS NOT YET BEEN RECEIVED.

SECTIONS 2, 7, AND 8 OF THE EMPLOYEES' COMPENSATION ACT OF SEPTEMBER 7, 1916, 39 STAT. 743, PROVIDE:

SEC. 2. THAT DURING THE FIRST THREE DAYS OF DISABILITY THE EMPLOYEE SHALL NOT BE ENTITLED TO COMPENSATION EXCEPT AS PROVIDED IN SECTION NINE. NO COMPENSATION SHALL AT ANY TIME BE PAID FOR SUCH PERIOD.

SEC. 7. THAT AS LONG AS THE EMPLOYEE IS IN RECEIPT OF COMPENSATION UNDER THIS ACT, OR, IF HE HAS BEEN PAID A LUMP SUM IN COMMUTATION OF INSTALLMENT PAYMENTS, UNTIL THE EXPIRATION OF THE PERIOD DURING WHICH SUCH INSTALLMENT PAYMENTS WOULD HAVE CONTINUED, HE SHALL NOT RECEIVE FROM THE UNITED STATES ANY SALARY, PAY, OR REMUNERATION WHATSOEVER EXCEPT IN RETURN FOR SERVICES ACTUALLY PERFORMED, AND EXCEPT PENSIONS FOR SERVICE IN THE ARMY OR NAVY OF THE UNITED STATES.

SEC. 8. THAT IF AT THE TIME THE DISABILITY BEGINS THE EMPLOYEE HAS ANNUAL OR SICK LEAVE TO HIS CREDIT HE MAY, SUBJECT TO THE APPROVAL OF THE HEAD OF THE DEPARTMENT, USE SUCH LEAVE UNTIL IT IS EXHAUSTED, IN WHICH CASE HIS COMPENSATION SHALL BEGIN ON THE FOURTH DAY OF DISABILITY AFTER THE ANNUAL OR SICK LEAVE HAS CEASED.

THE PROVISIONS OF THE ECONOMY ACT DO NOT SUPERSEDE OR RENDER INOPERATIVE THESE PROVISIONS, EXCEPT THAT NO ANNUAL LEAVE OF ABSENCE WITH PAY MAY BE ALLOWED EMPLOYEES DURING THE FISCAL YEAR 1933. HENCE, IT WAS HELD IN DECISION OF NOVEMBER 25, 1932, 12 COMP. GEN. 454, 457, AS FOLLOWS:

DURING THE FISCAL YEAR 1933, THE RIGHT TO RECEIVE ANNUAL LEAVE WITH PAY HAS BEEN SUSPENDED BY SECTION 103 OF THE ECONOMY ACT. THEREFORE, NO "ANNUAL" LEAVE COULD BE TO THE CREDIT OF AN EMPLOYEE DURING THE CURRENT FISCAL YEAR, AND IT IS ONLY SICK LEAVE THAT IS FOR CONSIDERATION IN APPLYING SECTION 8 OF THE EMPLOYEES' COMPENSATION ACT. LEGISLATIVE FURLOUGH WITHOUT PAY UNDER SECTION 101 (B) OF THE ECONOMY ACT, IS NOT TO BE REGARDED OR CONSIDERED AS "ANNUAL OR SICK LEAVE" WITHIN THE MEANING OF SAID SECTION 8 OF THE EMPLOYEES' COMPENSATION ACT. THE COMMISSION MAY LEAVE ENTIRELY TO THE ADMINISTRATIVE OFFICE THE MATTER OF LEGISLATIVE FURLOUGH DURING THE THREE ,WAITING DAYS" AFTER ALL SICK LEAVE WITH PAY HAS BEEN EXHAUSTED. * * *

IT IS NOT CLEAR WHETHER THE PROVISIONS OF THIS DECISION WERE APPLIED IN THE INSTANT CASE.

HOWEVER, DURING THE PERIOD THROUGH WHICH DISABILITY COMPENSATION IS PAID BY THE EMPLOYEES' COMPENSATION COMMISSION UNDER THE PROVISIONS OF SAID STATUTE, AFTER THE EXPIRATION OF ALL SICK LEAVE AND THE THREE WAITING DAYS, THE EMPLOYEE IS IN A NONPAY STATUS IN HIS CIVILIAN POSITION AND SUCH PERIOD MAY NOT BE CONSIDERED AS LEGISLATIVE FURLOUGH BY THE ADMINISTRATIVE OFFICE UNDER THE PROVISIONS OF SECTION 101 (B) OF THE ECONOMY ACT, BUT ONLY AS LEAVE OF ABSENCE WITHOUT PAY. OF COURSE, THE AMOUNT OF LEGISLATIVE FURLOUGH IMPOSED ON THE EMPLOYEE DURING THE ENTIRE FISCAL YEAR UNDER THE PROVISIONS OF THE ECONOMY ACT MAY BE REDUCED PROPORTIONATELY AT THE RATE OF TWO DAYS PER MONTH FOR THE PERIOD ON LEAVE OF ABSENCE WITHOUT PAY DURING WHICH THE EMPLOYEE IS RECEIVING DISABILITY COMPENSATION.

THE STATUTES WHICH AUTHORIZE MILITARY LEAVE OF ABSENCE, REFERRED TO BY THE EMPLOYEE, SPECIFICALLY PROVIDED THAT SUCH LEAVE SHALL BE WITHOUT LOSS OF COMPENSATION. 12 COMP. GEN. 241. HENCE DURING THE PERIOD OF MILITARY LEAVE THE EMPLOYEE IS IN A PAY STATUS SUBJECT TO THE PROVISION OF SECTION 101 (B) OF THE ECONOMY ACT, REQUIRING LEGISLATIVE FURLOUGH, WHEREAS DURING THE PERIOD THROUGH WHICH DISABILITY COMPENSATION IS PAID, THE EMPLOYEE IS REQUIRED BY STATUTE TO BE IN A NONPAY STATUS, AND THEREFORE SUCH PERIOD IS NOT SUBJECT TO THE PROVISIONS OF SECTION 101 (B) OF THE ECONOMY ACT REQUIRING LEGISLATIVE FURLOUGH.