A-47811, MARCH 27, 1933, 12 COMP. GEN. 558

A-47811: Mar 27, 1933

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LEAVE OF ABSENCE - SICK - EMPLOYEE IN A NONPAY STATUS THERE IS NO AUTHORITY TO GRANT SICK LEAVE OF ABSENCE WITH PAY TO ANY FEDERAL OFFICER OR EMPLOYEE WHILE IN A NONPAY STATUS. ACTIVITIES AND INCOME OF SOME OF THE UNITS OF THE PANAMA CANAL ORGANIZATION HAVE DECREASED. THESE INSTRUCTIONS WERE ISSUED IN ORDER TO MINIMIZE THE UNEMPLOYMENT SITUATION. 2. HE IS ENTITLED TO FOURTEEN DAYS SICK LEAVE DURING THE FIRST SIX MONTHS OF HIS SERVICE YEAR. FOUR DAYS OF THIS SICK LEAVE HAD BEEN ALREADY USED PRIOR TO HIS ENTERING ON EXTENDED LEAVE OF ABSENCE AND TEN DAYS WERE STILL TO HIS CREDIT. THE FIRST MONTH OF THIS EMPLOYEE'S ABSENCE WAS. PANAMA CANAL PERSONNEL REGULATIONS HAVE ALREADY BEEN FURNISHED YOUR OFFICE. 5.

A-47811, MARCH 27, 1933, 12 COMP. GEN. 558

LEAVE OF ABSENCE - SICK - EMPLOYEE IN A NONPAY STATUS THERE IS NO AUTHORITY TO GRANT SICK LEAVE OF ABSENCE WITH PAY TO ANY FEDERAL OFFICER OR EMPLOYEE WHILE IN A NONPAY STATUS, WHETHER ON LEAVE OF ABSENCE WITHOUT PAY OR ON ADMINISTRATIVE FURLOUGH WITHOUT PAY.

COMPTROLLER GENERAL MCCARL TO THE GOVERNOR OF THE PANAMA CANAL, MARCH 27, 1933:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF FEBRUARY 28, 1933, AS FOLLOWS:

1. DUE TO BUSINESS CONDITIONS, ACTIVITIES AND INCOME OF SOME OF THE UNITS OF THE PANAMA CANAL ORGANIZATION HAVE DECREASED. TO MEET THESE CHANGED CONDITIONS, THE GOVERNOR ISSUED A CIRCULAR UNDER DATE OF NOVEMBER 13, 1931, DIRECTING, AMONG OTHER THINGS, THE FURLOUGHING OF ALL EMPLOYEES OF A GROUP, A PERCENTAGE OF THEIR WORKING TIME AND, WHERE IT WOULD RELIEVE THE UNEMPLOYMENT SITUATION, TO GRANT LEAVE OF ABSENCE UP TO ONE YEAR, UPON REQUEST OF THE EMPLOYEE. THESE INSTRUCTIONS WERE ISSUED IN ORDER TO MINIMIZE THE UNEMPLOYMENT SITUATION.

2. A CASE HAS ARISEN WHERE AN EMPLOYEE WHO HAD BEEN GRANTED A YEAR'S LEAVE OF ABSENCE AT HIS REQUEST, ENTERED UPON THIS LEAVE ON NOVEMBER 21, 1932, AND IN JANUARY, 1933, ENTERED GORGAS HOSPITAL, A UNIT OF THE HEALTH DEPARTMENT, THE PANAMA CANAL, WHERE HE REMAINED FOUR DAYS, HIS ILLNESS BEING CERTIFIED TO BY A GOVERNMENT PHYSICIAN.

3. THE SERVICE YEAR FOR THIS EMPLOYEE STARTS ON JULY 14TH AND UNDER PANAMA CANAL REGULATIONS, HE IS ENTITLED TO FOURTEEN DAYS SICK LEAVE DURING THE FIRST SIX MONTHS OF HIS SERVICE YEAR. FOUR DAYS OF THIS SICK LEAVE HAD BEEN ALREADY USED PRIOR TO HIS ENTERING ON EXTENDED LEAVE OF ABSENCE AND TEN DAYS WERE STILL TO HIS CREDIT. THE FIRST MONTH OF THIS EMPLOYEE'S ABSENCE WAS, OF COURSE, THE LEGISLATIVE FURLOUGH REQUIRED BY THE ECONOMY ACT.

4. COPIES OF PANAMA CANAL EXECUTIVE DEPARTMENT CIRCULAR 602-25 GOVERNING SICK LEAVE REGULATIONS, AND PANAMA CANAL PERSONNEL REGULATIONS HAVE ALREADY BEEN FURNISHED YOUR OFFICE.

5. YOUR DECISION A-44803, SEPTEMBER 28, 1932, VOLUME 12, PAGE 383, APPARENTLY COVERS A CASE WHERE IT WAS DECIDED THAT LEGISLATIVE FURLOUGH COULD NOT BE CHANGED TO SICK LEAVE. THE QUESTION NOW ASKED IS WHETHER IN A PERIOD OF LEAVE WITHOUT PAY, NOT A PART OF LEGISLATIVE FURLOUGH, PAY FOR TIME SICK MAY BE ALLOWED, ASSUMING THE LEAVE TO BE DUE AND THE REGULATIONS OTHERWISE COMPLIED WITH. ALSO MAY SUCH SICK LEAVE BE PAID IN A SIMILAR CASE WHERE THE EMPLOYEE IS ON ADMINISTRATIVE FURLOUGH?

IN DECISION OF AUGUST 29, 1930, 10 COMP. GEN. 102, IT WAS HELD, QUOTING FROM THE SYLLABUS:

HEREAFTER, EMPLOYEES UNDER ANY DEPARTMENT OR OFFICE SUBJECT TO THE PROVISIONS OF THE LEAVE ACTS OF MARCH 15, 1898, 30 STAT. 316, JULY 7, 1898, 30 STAT. 653, AND FEBRUARY 24, 1899, 30 STAT. 890, MAY NOT BE GRANTED ANNUAL OR SICK LEAVE OF ABSENCE WITH PAY AT THE BEGINNING OF A CALENDAR, OR OTHER LEAVE, YEAR IMMEDIATELY FOLLOWING A PERIOD OF ABSENCE IN A NONPAY STATUS IN THE PRECEDING YEAR, UNLESS AND UNTIL THERE HAS BEEN A RETURN TO DUTY.

THIS PRINCIPLE WAS EMBODIED IN EXECUTIVE ORDER DATED FEBRUARY 9, 1933, PRESCRIBING SICK LEAVE REGULATIONS FOR CIVILIAN OFFICERS AND EMPLOYEES OF THE GOVERNMENT PURSUANT TO THE PROVISIONS OF SECTION 215 OF THE ECONOMY ACT. WHILE EMPLOYEES ON THE ISTHMUS ARE NOT SUBJECT EITHER TO THE STATUTES CONSIDERED IN THE QUOTED DECISION, OR TO SECTION 215 OF THE ECONOMY ACT, THE SAME REASON EXISTS FOR APPLYING THE PRINCIPLE UNDER THE LEAVE REGULATIONS APPLICABLE TO THE EMPLOYEES OF THE PANAMA CANAL. THAT IS TO SAY, THERE IS NO AUTHORITY TO GRANT SICK LEAVE OF ABSENCE WITH PAY, WHICH IS PRESUMED TO BE FOR PERSONAL ILLNESS, QUARANTINE, ETC., TO ANY EMPLOYEE OF THE GOVERNMENT WHILE IN A NONPAY STATUS, WHETHER ON LEAVE OF ABSENCE WITHOUT PAY OR ON ADMINISTRATIVE FURLOUGH WITHOUT PAY.

YOU ARE ADVISED, THEREFORE, THAT THE EMPLOYEE IN QUESTION IS NOT ENTITLED TO BE PAID FOR THE PERIOD OF HIS PERSONAL ILLNESS IN JANUARY, 1933, WHILE HE WAS OTHERWISE IN A NONPAY STATUS.