A-48060, APRIL 6, 1933, 12 COMP. GEN. 574

A-48060: Apr 6, 1933

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

THERE IS NO AUTHORITY OF LAW. IS ENTITLED TO REFUND OF 1 1/4 DAYS' COMPENSATION. WHEN THE ECONOMY ACT WAS IN OPERATION. THERE WILL ACCRUE DURING THE CURRENT CALENDAR OR LEAVE YEAR ANNUAL LEAVE AT THE RATE OF 1 1/4 DAYS FOR EACH CALENDAR MONTH. WHICH WILL CUMULATE. YOUR QUESTIONS WILL BE STATED AND ANSWERED IN THE ORDER APPEARING IN YOUR LETTER. 1. WHICH IS UNUSED ON MARCH 31. WHERE 24 DAYS OF LEGISLATIVE FURLOUGH (30 DAYS' PAY) HAVE BEEN DEDUCTED UP TO MARCH 31. SO THAT THE AGGREGATE DEDUCTIONS FOR THE FISCAL YEAR 1933 WILL NOT BE MORE THAN THE 18 DAYS FURLOUGH PLUS THE 15 PERCENT DEDUCTION FOR THE REMAINING 3 MONTHS? IT WAS HELD THAT PAYMENTS COULD BE MADE. THAT IS TO SAY. THE LAW REQUIRES THAT SAID PERCENTAGE REDUCTIONS BE APPLIED UNIFORMLY WITHOUT REFERENCE TO ANY INEQUALITIES THAT MAY HAVE EXISTED AS A RESULT OF LOSS OF COMPENSATION PRIOR TO APRIL 1.

A-48060, APRIL 6, 1933, 12 COMP. GEN. 574

ECONOMY ACT, AMENDED - ADJUSTMENTS IN COMPENSATION - LEAVE OF ABSENCE THE DECISION OF MARCH 23, 1933, 12 COMP. GEN. 555, STATES THE BASIS FOR MAKING A FINAL AND COMPLETE ADJUSTMENT OF COMPENSATION TO EMPLOYEES AS OF MARCH 31, 1933, UNDER THE PROVISIONS OF SECTION 101 OF THE ECONOMY ACT OF JUNE 30, 1932, PROVIDING FOR LEGISLATIVE FURLOUGH, AND NO CREDIT FOR EXCESS DEDUCTIONS ON ACCOUNT OF LEGISLATIVE FURLOUGH MAY BE APPLIED ON THE 15 PERCENT OR OTHER DETERMINED DEDUCTION TO BE EFFECTIVE ON AND AFTER APRIL 1, 1933, UNDER SECTION 3, TITLE II, OF THE ACT OF MARCH 20, 1933, 48 STAT. 13. THERE IS NO AUTHORITY OF LAW, BY ANY ADJUSTMENT OF SALARY RATES UNDER THE TERMS OF SECTION 3, TITLE II, OF THE ACT OF MARCH 20, 1933, EFFECTIVE APRIL 1, 1933, TO ATTEMPT TO COMPENSATE FOR LOSS OF PAY DURING THE FISCAL YEAR 1933 BY REASON OF ABSENCE ON ADMINISTRATIVE FURLOUGH. AN EMPLOYEE WHO HAS BEEN ADMINISTRATIVELY FURLOUGHED FOR 15 DAYS DURING THE PRESENT FISCAL YEAR PRIOR TO APRIL 1, 1933, AND HAS HAD DEDUCTED COMPENSATION FOR 18 WORKING DAYS' LEGISLATIVE FURLOUGH AS OF MARCH 31, 1933, IS ENTITLED TO REFUND OF 1 1/4 DAYS' COMPENSATION. SALARY DEDUCTIONS FOR ADMINISTRATIVE FURLOUGH OR ANY OTHER LEAVE OF ABSENCE WITHOUT PAY ON AND AFTER APRIL 1, 1933, SHOULD BE MADE AT THE BASE RATE LESS THE 15 PERCENT OR OTHER DETERMINED RATES OF DEDUCTION. IN VIEW OF THE PROVISIONS OF SECTIONS 103, 215, AND 802 OF THE ECONOMY ACT, NO ANNUAL LEAVE OF ABSENCE ACCRUED DURING THE PERIOD FROM JULY 1, 1932, TO APRIL 1, 1933, WHEN THE ECONOMY ACT WAS IN OPERATION; THE ANNUAL LEAVE ACCRUED AND UNUSED JUNE 30, 1932, UNDER LAWS PREVIOUSLY IN FORCE MAY NOT BE GRANTED ON AND AFTER APRIL 1, 1933; BUT THERE WILL ACCRUE DURING THE CURRENT CALENDAR OR LEAVE YEAR ANNUAL LEAVE AT THE RATE OF 1 1/4 DAYS FOR EACH CALENDAR MONTH, OR A MAXIMUM OF 11 1/4 DAYS, WHICH WILL CUMULATE, SUBJECT TO ADMINISTRATIVE REGULATION OR CONTROL, IN ANY SUCCEEDING CALENDAR OR LEAVE YEAR.

COMPTROLLER GENERAL MCCARL TO THE PRESIDENT OF THE UNITED STATES CIVIL SERVICE COMMISSION, APRIL 6, 1933:

THERE HAS BEEN CONSIDERED YOUR LETTER OF MARCH 22, 1933, REQUESTING DECISION OF A NUMBER OF QUESTIONS RELATIVE TO THE APPLICATION OF THE ACT OF MARCH 20, 1933, 48 STAT. 12. YOUR QUESTIONS WILL BE STATED AND ANSWERED IN THE ORDER APPEARING IN YOUR LETTER.

1. CAN LEGISLATIVE FURLOUGH LEAVE WHICH HAS ACCRUED BY REASON OF THE DEDUCTION FROM SALARY AT THE RATE OF 2 DAYS (2 1/2 DAYS' PAY) A MONTH, AND WHICH IS UNUSED ON MARCH 31, 1933, BE ALLOWED TO EMPLOYEES DURING THE REMAINDER OF THE FISCAL YEAR 1933 WITHOUT FURTHER DEDUCTION OF PAY?

THIS QUESTION HAS BEEN ANSWERED BY DECISION OF MARCH 23, 1933. A 47718, 12 COMP. GEN. 555, TO THE SECRETARY OF THE TREASURY.

2. WHERE 24 DAYS OF LEGISLATIVE FURLOUGH (30 DAYS' PAY) HAVE BEEN DEDUCTED UP TO MARCH 31, 1933, SHALL REFUND BE MADE FOR ALL DAYS IN EXCESS OF 18 PROVIDED THE LEAVE HAS NOT BEEN TAKEN, THE SAME AS IN CASES OF SEPARATION FROM THE SERVICE, OR WHERE MORE THAN THE REQUIRED 18 DAYS OF LEGISLATIVE FURLOUGH (22 1/2 DAYS' PAY) TO MARCH 31, 1933, HAS BEEN DEDUCTED, MAY CREDIT FOR THE EXCESS AMOUNT BE APPLIED ON THE 15 PERCENT OR OTHER DETERMINED DEDUCTION UNDER THE NEW ACT, SO THAT THE AGGREGATE DEDUCTIONS FOR THE FISCAL YEAR 1933 WILL NOT BE MORE THAN THE 18 DAYS FURLOUGH PLUS THE 15 PERCENT DEDUCTION FOR THE REMAINING 3 MONTHS? MAY ANY ADMINISTRATIVE FURLOUGH ALREADY MADE TO KEEP WITHIN THE APPROPRIATIONS BE APPLIED TO REDUCE THE 15 PERCENT OR OTHER DETERMINED RATE OF DEDUCTION FOR THE REMAINDER OF THE PRESENT FISCAL YEAR?

IN THE DECISION OF MARCH 23, 1933, A-47718, TO THE SECRETARY OF THE TREASURY, IT WAS HELD THAT PAYMENTS COULD BE MADE---

* * * TO COVER THE EXCESS DEDUCTIONS MADE ON ACCOUNT OF LEGISLATIVE FURLOUGH UNDER THE RULES PRESCRIBED BY THIS OFFICE IN THOSE CASES WHERE THE AMOUNT DEDUCTED EXCEEDS THE EQUIVALENT OF 2 1/2 DAYS' PAY FOR EACH MONTH OF SERVICE SINCE JUNE 30, 1932, AND EXCEEDS, ALSO, THE AMOUNT EQUIVALENT TO 1 1/4 DAYS' PAY EACH WORKING DAY OF ABSENCE ON LEGISLATIVE FURLOUGH. * * *

AND THIS ANSWERS THE FIRST PART OF YOUR QUESTION NUMBERED 2. THAT IS TO SAY, IN THE EXAMPLE GIVEN THE EMPLOYEE WOULD BE ENTITLED TO BE PAID, AS SOON AFTER MARCH 31 AS PRACTICABLE, 6 TIMES 1 1/4 DAYS' PAY, OR 7 1/2 DAYS' PAY, AND NO OTHER ADJUSTMENT WOULD BE AUTHORIZED. SAID DECISION OF MARCH 23, 1933, STATES THE BASIS FOR MAKING A FINAL AND COMPLETE ADJUSTMENT OF COMPENSATION TO EMPLOYEES AS OF MARCH 31, 1933, UNDER THE PROVISIONS OF SECTION 101 OF THE ECONOMY ACT OF JUNE 30, 1932, PROVIDING FOR LEGISLATIVE FURLOUGH, AND NO CREDIT FOR EXCESS DEDUCTIONS ON ACCOUNT OF LEGISLATIVE FURLOUGH MAY BE APPLIED ON THE 15 PERCENT OR OTHER DETERMINED DEDUCTION TO BE EFFECTIVE ON AND AFTER APRIL 1, 1933, UNDER SECTION 3, TITLE II, OF THE ACT OF MARCH 20, 1933. SEE DECISION OF MARCH 25, 1933, A-48034, 12 COMP. GEN. 557, TO THE SECRETARY OF AGRICULTURE. THE LAW REQUIRES THAT SAID PERCENTAGE REDUCTIONS BE APPLIED UNIFORMLY WITHOUT REFERENCE TO ANY INEQUALITIES THAT MAY HAVE EXISTED AS A RESULT OF LOSS OF COMPENSATION PRIOR TO APRIL 1, 1933, ON ACCOUNT OF ADMINISTRATIVE FURLOUGHS UNDER THE TERMS OF SECTION 216 OF THE ECONOMY ACT; AND THERE IS NO AUTHORITY OF LAW, BY ANY ADJUSTMENT OF SALARY RATES UNDER THE TERMS OF SECTION 3, TITLE II, OF THE ACT OF MARCH 20, 1933, EFFECTIVE APRIL 1, 1933, TO ATTEMPT TO COMPENSATE FOR LOSS OF PAY DURING THE FISCAL YEAR 1933 BY REASON OF ABSENCE ON ADMINISTRATIVE FURLOUGH OR ABSENCE IN EXCESS OF 18 WORKING DAYS ON LEGISLATIVE FURLOUGH. THE SECOND PART OF YOUR QUESTION NUMBERED 2 IS ANSWERED IN THE NEGATIVE. IT MUST BE BORNE IN MIND THAT AN EMPLOYEE WHOSE EARNINGS FROM JULY 1, 1932, TO MARCH 31, 1933, WERE REDUCED AS A RESULT OF ADMINISTRATIVE FURLOUGH OR OF ABSENCE IN EXCESS OF 18 WORKING DAYS ON LEGISLATIVE FURLOUGH HAS NOT RENDERED THE SAME AMOUNT OF SERVICE AS THE EMPLOYEE WHO WAS NOT SO ABSENT. IN OTHER WORDS, THE LOSS OF EARNINGS ALREADY HAS BEEN COMPENSATED FOR BY THE RELIEF FROM DUTY.

3. SHALL AN EMPLOYEE WHO HAS BEEN ADMINISTRATIVELY FURLOUGHED FOR 15 DAYS DURING THE PRESENT FISCAL YEAR BE REFUNDED 1 1/4 DAYS' PAY FROM THE 18 DAYS LEGISLATIVE FURLOUGH WHICH HAS BEEN DEDUCTED THROUGH MARCH 31, PROVIDED THE LEGISLATIVE LEAVE HAS NOT BEEN TAKEN? IN THIS CONNECTION REFERENCE IS MADE TO YOUR DECISION OF SEPTEMBER 6, 1932 (A-44391).

THIS QUESTION IS ANSWERED IN THE AFFIRMATIVE.

4. WILL THE SALARY DEDUCTION FOR EACH DAY OF ADMINISTRATIVE FURLOUGH OR VOLUNTARY ABSENCE WITHOUT PAY AFTER MARCH 31 BE AT THE BASE RATE OR THE BASE RATE LESS 15 PERCENT OR OTHER DETERMINED RATE OF DEDUCTION?

SALARY DEDUCTIONS FOR ADMINISTRATIVE FURLOUGH OR ANY OTHER LEAVE OF ABSENCE WITHOUT PAY ON AND AFTER APRIL 1, 1933, SHOULD BE MADE AT THE BASE RATE LESS THE 15 PERCENT OR OTHER DETERMINED RATE OF DEDUCTION. THAT IS TO SAY, THE AMOUNT TO BE DEDUCTED BY REASON OF SUCH ABSENCE IS THE AMOUNT THAT WOULD HAVE BEEN PAID FOR THE PERIOD OF SUCH ABSENCE IF THE EMPLOYEE HAD REMAINED IN A DUTY STATUS.

5. THE ACT OF MARCH 20, 1933, MAKES EFFECTIVE THE PROVISION AUTHORIZING 15 DAYS OF ANNUAL LEAVE. DOES THE ANNUAL LEAVE BEGIN TO ACCRUE ON APRIL 1? IN BRANCHES ORDINARILY OPERATING ON A CALENDAR YEAR LEAVE BASIS, MAY THE FULL 15 DAYS BE TAKEN BETWEEN APRIL 1 AND DECEMBER 31, 1933, OR SHALL THE 15 DAYS BE PRORATED OVER THE NINE REMAINING MONTHS OF THE YEAR? BRANCHES ORDINARILY OPERATING ON A FISCAL YEAR LEAVE BASIS, MAY 15 DAYS OF ANNUAL LEAVE BE GRANTED PRIOR TO JUNE 30, 1933, BEGINNING A NEW LEAVE ACCOUNT FOR THE FISCAL YEAR 1934?

AS IT IS UNDERSTOOD NO EMPLOYEE OF THE CIVIL SERVICE COMMISSION IS GRANTED ANNUAL LEAVE OF ABSENCE WITH PAY ON THE BASIS OF THE FISCAL YEAR, THE THIRD PART OF THIS QUESTION NUMBERED 5 IS NOT PROPERLY BEFORE THIS OFFICE FOR DECISION ON THE BASIS OF YOUR SUBMISSION. SECTION 103 OF THE ECONOMY ACT PROVIDES AS FOLLOWS:

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. AND SECTION 4 (D) OF THE ACT OF MARCH 20, 1933, 48 STAT. 14, REPEALS SAID SECTION 103 EFFECTIVE APRIL 1, 1933. THE EFFECT OF THIS IS TO RESTORE THE RIGHT TO RECEIVE ANNUAL LEAVE OF ABSENCE WITH PAY AFTER MARCH 31, 1933, WITHIN THE LIMITATIONS AND SUBJECT TO THE CONDITIONS OF SECTION 215 OF THE ECONOMY ACT, WHICH IS PERMANENT LEGISLATION PROVIDING, IN PART, AS FOLLOWS:

HEREAFTER NO CIVILIAN OFFICER OR EMPLOYEE OF THE GOVERNMENT WHO RECEIVES ANNUAL LEAVE WITH PAY SHALL BE GRANTED ANNUAL LEAVE OF ABSENCE WITH PAY IN EXCESS OF FIFTEEN DAYS IN ANY ONE YEAR, EXCLUDING SUNDAYS AND LEGAL HOLIDAYS: PROVIDED, THAT THE PART UNUSED IN ANY YEAR MAY BE CUMULATIVE FOR ANY SUCCEEDING YEAR: * * *

THE EFFECT OF THIS PROVISION WAS CONSIDERED IN DECISION OF JULY 20, 1932, 12 COMP. GEN. 93, 95, IN WHICH IT WAS STATED:

ANNUAL LEAVE OF ABSENCE TO DEPARTMENTAL EMPLOYEES GENERALLY, AS AUTHORIZED BY THE ACT OF MARCH 15, 1898, 30 STAT. 316, AS AMENDED, WAS BASED ON THE CALENDAR YEAR. IN SOME OTHER SERVICES THE ANNUAL LEAVE WAS BASED ON THE FISCAL YEAR AND IN SOME OTHERS ON THE SERVICE YEAR. THERE APPEARS NOTHING IN THE SAID SECTION 215 TO INDICATE AN INTENT TO CHANGE IN THIS RESPECT THE LAWS OR PRACTICES THERETOFORE EXISTING. LEAVE OF ABSENCE WITH PAY IS A PRIVILEGE IN THE NATURE OF A GRATUITY, AND THE CONDITIONS AND EXTENT THEREOF MAY BE CHANGED OR MODIFIED BY THE CONGRESS AT ITS PLEASURE. BY SECTION 215, SUPRA, THE CONGRESS HAS LIMITED THE ANNUAL LEAVE OF ABSENCE WITH PAY TO NOT TO EXCEED 15 DAYS IN ANY LEAVE YEAR, AND AS THE PRESENT LEAVE YEAR, SO FAR AS THE EMPLOYEES REFERRED TO IN YOUR SUBMISSION ARE CONCERNED, AT THE TIME OF THE ENACTMENT, WAS FROM JANUARY 1 TO DECEMBER 31, THE EFFECT OF THE LIMITATION IS TO PRECLUDE THE GRANTING AFTER JULY 1, 1932, OF ANNUAL LEAVE WITH PAY WHEN IT WOULD RESULT IN THE EMPLOYEE RECEIVING MORE THAN 15 DAYS ANNUAL LEAVE WITH PAY DURING THE CURRENT LEAVE YEAR.

THEREFORE A PERSON OTHERWISE ENTITLED TO ANNUAL LEAVE WITH PAY DURING THE LAST HALF OF THE CALENDAR YEAR 1932 AND WHO RECEIVED 15 OR MORE DAYS ANNUAL LEAVE WITH PAY PRIOR TO JULY 1, 1932, IS NOT ENTITLED TO ANY FURTHER LEAVE OF ABSENCE WITH PAY BEFORE JANUARY 1, 1933, BUT A PERSON WHO HAD LESS THAN 15 DAYS LEAVE OF ABSENCE WITH PAY DURING THE FIRST HALF OF THE CALENDAR YEAR 1932 MAY BE GRANTED DURING THE LAST HALF OF SUCH CALENDAR YEAR, IF OTHERWISE ENTITLED THERETO, SUCH ADDITIONAL LEAVE WITH PAY AS, WHEN ADDED TO THAT PREVIOUSLY TAKEN, WOULD NOT EXCEED 15 DAYS.

WHILE THE SUSPENSION UNDER SECTION 103, SUPRA, WAS OF THE RIGHT TO RECEIVE RATHER THAN THE RIGHT TO EARN LEAVE DURING THE FISCAL YEAR 1933, 12 COMP. GEN. 65, MANIFESTLY THE REPEALING OF SAID SECTION EFFECTIVE APRIL 1, 1933, CAN NOT OPERATE TO RELIEVE FROM THE EFFECT OF THE SUSPENSION WITH RESPECT TO ANY PERIOD PRIOR TO APRIL 1, 1933, AND DURING WHICH PERIOD THE LEGISLATIVE FURLOUGH PROVISIONS OF THE ENACTMENT WERE IN FORCE. THAT IS TO SAY, WHEN THE CONGRESS SPECIFICALLY MADE THE REPEAL OF THE SUSPENSION EFFECTIVE APRIL 1, 1933, NO CONSTRUCTION IS AUTHORIZED WHICH WOULD OPERATE TO MAKE THE REPEAL EFFECTIVE AS OF JANUARY 1, 1933, OR JULY 1, 1932, OR ANY OTHER DATE EXCEPT APRIL 1, 1933. THE CONGRESS TOOK AWAY THE RIGHT TO RECEIVE LEAVE WITH PAY FOR A YEAR AND RESTORED THE RIGHT WITH RESPECT TO THREE MONTHS THEREOF. CONSEQUENTLY, NO RIGHT TO RECEIVE LEAVE WITH PAY ACCRUED FOR THE PERIOD FROM JULY 1, 1932, TO MARCH 31, 1933. HENCE, WITH RESPECT TO EMPLOYEES WHOSE LEAVE YEAR IS THE CALENDAR YEAR, NO BENEFIT MAY BE RECEIVED OF THAT PART OF THE 15 DAYS LEAVE WITH PAY WHICH WOULD HAVE ACCRUED FOR THE PERIOD FROM JANUARY 1, 1933, TO MARCH 31, 1933, BUT FOR THE PROVISIONS OF THE SAID SECTION 103, AND, WITH RESPECT TO THEM, THE ANNUAL LEAVE DURING THE CURRENT CALENDAR OR LEAVE YEAR FROM JANUARY 1 TO DECEMBER 31, 1933, BEGINS TO ACCRUE APRIL 1, 1933, AT THE RATE OF 1 1/4 DAYS FOR EACH CALENDAR MONTH, OR A TOTAL OF 11 1/4 DAYS FOR THE CURRENT CALENDAR YEAR 1933.

6. MAY ANNUAL LEAVE WHICH HAD ACCRUED AND WAS UNUSED ON JUNE 30, 1932, BE GRANTED TO EMPLOYEES AFTER MARCH 31, 1933? HAS ANNUAL LEAVE AT THE RATE OF 15 DAYS BEEN ACCRUING SINCE JULY 1, 1932, UNDER THE PROVISIONS OF SECTION 215 OF THE LEGISLATIVE ACT OF JUNE 30, 1932? IN THIS CONNECTION REFERENCE IS MADE TO YOUR DECISION OF JULY 8, 1932 (A 43056).

THE ACT OF JUNE 30, 1932, 47 STAT. 399-400, PROVIDED IN PART AS FOLLOWS:

SEC. 103. 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.

SEC. 215. HEREAFTER NO CIVILIAN OFFICER OR EMPLOYEE OF THE GOVERNMENT WHO RECEIVED ANNUAL LEAVE WITH PAY SHALL BE GRANTED ANNUAL LEAVE OF ABSENCE WITH PAY IN EXCESS OF FIFTEEN DAYS IN ANY ONE YEAR, EXCLUDING SUNDAYS AND LEGAL HOLIDAYS: PROVIDED, THAT THE PART UNUSED IN ANY YEAR MAY BE CUMULATIVE FOR ANY SUCCEEDING YEAR: * * *.

SEC. 802. ALL ACTS AND PARTS OF ACTS INCONSISTENT OR IN CONFLICT WITH THOSE PROVISIONS OF THIS ACT WHICH ARE OF TEMPORARY DURATION ARE HEREBY SUSPENDED DURING THE PERIOD IN WHICH SUCH PROVISIONS OF THIS ACT ARE IN EFFECT. ALL ACTS OR PARTS OF ACTS INCONSISTENT OR IN CONFLICT WITH THOSE PROVISIONS OF THIS ACT WHICH ARE OF PERMANENT NATURE ARE HEREBY REPEALED TO THE EXTENT OF SUCH INCONSISTENCY OR CONFLICT.

PRIOR TO THE DATE OF THIS ACT, AND DURING THE PERIOD JANUARY 1 TO JUNE 30, 1932, LEAVE WITH PAY WAS AUTHORIZED TO BE GRANTED WITHIN THE DISCRETION OF THE ADMINISTRATIVE OFFICE UNDER THE TERMS OF THE ACT OF MARCH 15, 1898, 30 STAT. 316, FOR A TOTAL OF 30 DAYS IN ANY ONE YEAR. THERE WAS NO RIGHT OF CUMULATION FROM YEAR TO YEAR. THE QUOTED PROVISIONS OF THE ECONOMY ACT OPERATED (1) TO REPEAL SO MUCH OF ALL LEAVE LAWS PREVIOUSLY IN FORCE WHICH AUTHORIZED THE GRANTING OF LEAVE IN EXCESS OF 15 DAYS IN ANY ONE LEAVE YEAR; (2) TO PROVIDE FOR THE FIRST TIME THE RIGHT OF CUMULATION OF LEAVE FOR USE IN ANY SUCCEEDING LEAVE YEAR; AND (3) TO SUSPEND DURING THE FISCAL YEAR 1933 THE RIGHTS THUS PROVIDED, BOTH TO GRANT 15 DAYS' LEAVE IN THAT YEAR AND TO ACCUMULATE THE LEAVE THUS NOT TO BE GRANTED IN SAID YEAR.

THE ACT OF MARCH 20, 1933, SECTION 4 (D), TITLE II, 48 STAT. 14, PROVIDES:

THE FOLLOWING SECTIONS OF PART II OF THE LEGISLATIVE APPROPRIATION ACT, FISCAL YEAR 1933, ARE HEREBY REPEALED EFFECTIVE ON THE FIRST DAY OF THE CALENDAR MONTH FOLLOWING THE MONTH IN WHICH THIS ACT IS ENACTED; NAMELY, SECTION 101, 102, 103, 104, SUBSECTIONS (D) AND (E) OF SECTIONS 105, 106, 107 (EXCEPT PARAGRAPHS (1), (2), (3), AND (4) OF SUBSECTION (A) THEREOF), 108, 112, AND 211.

IT IS TO BE NOTED THAT THE REPEAL OF SECTION 103 OF THE ECONOMY ACT SUSPENDING ALL RIGHTS TO RECEIVE, THAT IS TO GRANT LEAVE WITH PAY, OR TO ACCUMULATE THE LEAVE SO NOT GRANTED, IS SPECIFICALLY MADE EFFECTIVE AS OF APRIL 1, 1933. EVEN HAD THIS EFFECTIVE DATE OF REPEAL OF SECTION 103 NOT BEEN SPECIFICALLY FIXED IN THE STATUTE, THE REPEAL OF A PROVISION SUSPENDING THE OPERATION OF A STATUTE MAY NOT BE CONSIDERED AS REINSTATING THE SUSPENDED STATUTE RETROACTIVELY, IN THIS INSTANCE, FROM JULY 1, 1932, BUT ONLY FROM THE EFFECTIVE DATE OF THE REPEALING STATUTE. THUS BOTH OF THE RIGHTS PROVIDED FOR BY SECTION 215 OF THE ACT OF JUNE 30, 1932, SUPRA, TO GRANT LEAVE AND TO ACCUMULATE SUCH LEAVE, WERE RESTORED, NOT FROM JULY 1, 1932, OR FROM JANUARY 1, 1933, BUT ONLY FROM AND AFTER APRIL 1, 1933. IT SEEMS CLEAR THEREFORE--- AND HAVING DUE REGARD TO THE FIRST WORD "HEREAFTER" APPEARING IN SECTION 215 OF THE ECONOMY ACT--- THAT NEITHER THE RIGHT TO GRANT LEAVE, NOR THE RIGHT TO ACCUMULATE LEAVE AS GRANTED THEREBY MAY OPERATE ON ANY PERIOD PRIOR TO THE DATE OF THE ACT, JUNE 30, 1932, NOR DURING THE SUSPENDED PERIOD, BUT ONLY FROM AND AFTER APRIL 1, 1933. BOTH PARTS OF YOUR QUESTION NUMBERED 6 MUST BE AND ARE ANSWERED IN THE NEGATIVE. AS TO THE LATTER PART OF THE QUESTION SEE ALSO ANSWER TO QUESTION 5.

7. SECTION 215 OF THE LEGISLATIVE ACT OF JUNE 30, 1932, STATES, IN PART: "PROVIDED, THAT THE PART UNUSED IN ANY YEAR MAY BE CUMULATIVE FOR ANY SUCCEEDING YEAR.' DOES THIS MEAN LEAVE WILL ACCRUE FOR THE YEAR IMMEDIATELY FOLLOWING OR INDEFINITELY? FOR EXAMPLE: MAY AN EMPLOYEE ACCUMULATE HIS LEAVE FOR A PERIOD OF FOUR YEARS AND TAKE 60 DAYS LEAVE IN ONE LEAVE YEAR?

THE STATUTE PERMITS THE ACCUMULATION OF UNUSED ANNUAL LEAVE OF ABSENCE THROUGH ANY NUMBER OF LEAVE YEARS. BUT THE TAKING OF SUCH ACCUMULATED LEAVE IS SUBJECT TO ADMINISTRATIVE CONTROL OR REGULATION.

8. SECTION 4, PARAGRAPH (1), SUBDIVISION (D) OF THE ACT OF MARCH 20,1933, READS AS FOLLOWS: ,THE APPROPRIATIONS OR PORTIONS OF APPROPRIATIONS UNEXPENDED BY REASON OF THE OPERATION OF THE AMENDMENTS MADE IN SUBSECTION (A) OF THIS SECTION SHALL NOT BE USED FOR ANY PURPOSE BUT SHALL BE IMPOUNDED AND RETURNED TO THE TREASURY.' SECTION 8 OF THE SAME ACT READS: "THE APPROPRIATIONS OR PORTIONS OF APPROPRIATIONS UNEXPENDED BY REASON OF THE OPERATION OF THIS ACT SHALL NOT BE USED FOR ANY PURPOSE BUT SHALL BE IMPOUNDED AND RETURNED TO THE TREASURY.' IN SUBMITTING THE ESTIMATES FOR SALARIES FOR THE FISCAL YEAR 1934 THE DEPARTMENTS WERE REQUIRED TO DEDUCT 8 1/3 PERCENT FROM THE ORIGINAL ESTIMATE AS REPRESENTING THE FURLOUGH DEDUCTIONS WHICH DURING THE PRESENT FISCAL YEAR ARE REQUIRED TO BE IMPOUNDED IN THE TREASURY. IN VIEW OF THIS IT WOULD SEEM THAT THE PARAGRAPHS ABOVE QUOTED SHOULD BE CONSTRUED AS REQUIRING IMPOUNDMENT DURING THE FISCAL YEAR 1934 OF ONLY THE DIFFERENCE BETWEEN 8 1/3 PERCENT AND THE 15 PERCENT OR OTHER DETERMINED DEDUCTION FROM SALARIES; OTHERWISE, THERE WOULD BE IN EFFECT A DOUBLE IMPOUNDMENT OR 23 1/3 PERCENT REDUCTION IN AVAILABLE FUNDS. YOUR RULING ON THIS POINT IS ALSO REQUESTED.

SINCE THE APPROPRIATIONS FOR THE CIVIL SERVICE COMMISSION FOR THE FISCAL YEAR 1934 HAVE NOT YET BEEN MADE, THIS QUESTION IS NOT PROPERLY BEFORE ME FOR DECISION AT THIS TIME.