A-48206, A-48311, APRIL 21, 1933, 12 COMP. GEN. 602

A-48206,A-48311: Apr 21, 1933

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THE MAXIMUM AMOUNT OF LEAVE WITH WHICH THE LEAVE ACCOUNT OF ANY EMPLOYEE OF THE GOVERNMENT PRINTING OFFICE MAY NOW BE CREDITED IS NOT TO EXCEED 15 DAYS OF THE UNUSED LEAVE WHICH HAD BEEN EARNED DURING THE FISCAL YEAR 1932 PLUS 1 1/4 DAYS PER MONTH FOR EACH MONTH'S SERVICE AFTER MARCH 31. COMPENSATION PAYABLE TO EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE FOR PERIODS OF AUTHORIZED LEAVE OF ABSENCE MUST CONTINUE TO BE "AT THE RATE OF PAY RECEIVED BY THEM DURING THE TIME IN WHICH SAID LEAVE WAS EARNED.'. THE REGULAR ANNUAL APPROPRIATION FOR PERSONNEL FOR THE YEAR IN WHICH THE LEAVE IS ACTUALLY TAKEN MAY BE CONSIDERED AVAILABLE FOR MAKING PAYMENTS TO THE EMPLOYEES FOR THE PERIODS OF THEIR AUTHORIZED LEAVES OF ABSENCE WITH PAY.

A-48206, A-48311, APRIL 21, 1933, 12 COMP. GEN. 602

ECONOMY ACT, AMENDED - LEAVES OF ABSENCE - GOVERNMENT PRINTING OFFICE UNDER THE ACT OF JUNE 11, 1896 (29 STAT. 453), AND SECTION 215 OF THE ECONOMY ACT OF JUNE 30, 1932, THERE MAY BE GRANTED TO EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE DURING THE REMAINDER OF THE CURRENT FISCAL YEAR 1933, OR THEREAFTER, THE UNUSED PORTION, IF ANY, OF THE LEAVE, NOT TO EXCEED 15 DAYS, WHICH HAD ACCRUED UP TO JULY 1, 1932, BUT IN NO CASE MAY CREDIT BE ALLOWED FOR LEAVE ON ACCOUNT OF SERVICE BETWEEN JUNE 30, 1932, AND APRIL 1, 1933, TO BE GRANTED EITHER IN THE CURRENT OR ANY SUCCEEDING FISCAL YEAR. HENCE, THE MAXIMUM AMOUNT OF LEAVE WITH WHICH THE LEAVE ACCOUNT OF ANY EMPLOYEE OF THE GOVERNMENT PRINTING OFFICE MAY NOW BE CREDITED IS NOT TO EXCEED 15 DAYS OF THE UNUSED LEAVE WHICH HAD BEEN EARNED DURING THE FISCAL YEAR 1932 PLUS 1 1/4 DAYS PER MONTH FOR EACH MONTH'S SERVICE AFTER MARCH 31, 1933. COMPENSATION PAYABLE TO EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE FOR PERIODS OF AUTHORIZED LEAVE OF ABSENCE MUST CONTINUE TO BE "AT THE RATE OF PAY RECEIVED BY THEM DURING THE TIME IN WHICH SAID LEAVE WAS EARNED.' THE REGULAR ANNUAL APPROPRIATION FOR PERSONNEL FOR THE YEAR IN WHICH THE LEAVE IS ACTUALLY TAKEN MAY BE CONSIDERED AVAILABLE FOR MAKING PAYMENTS TO THE EMPLOYEES FOR THE PERIODS OF THEIR AUTHORIZED LEAVES OF ABSENCE WITH PAY. THE ADMINISTRATIVE PRACTICE OF THE GOVERNMENT PRINTING OFFICE OF PAYING EMPLOYEES UPON SEPARATION FROM THE SERVICE FOR UNUSED EARNED OR ACCRUED LEAVE HAS BEEN WITHOUT AUTHORITY OF LAW AND SHOULD BE DISCONTINUED. UNDER THE ACT OF JUNE 11, 1806 (29 STAT. 453), AND THE ANNUAL APPROPRIATION ACT FOR THE FISCAL YEAR 1933, ACT OF JUNE 30, 1932 (47 STAT. 396), THE PUBLIC PRINTER IS AUTHORIZED TO PAY FOR THE LEGAL REPRESENTATIVES OF EMPLOYEES WHO DIE BETWEEN MARCH 31 AND JULY 1, 1933, FOR THE ACCRUED UNUSED LEAVE, BUT SINCE NO PROVISION THEREFOR APPEARS IN THE APPROPRIATION ACT FOR THE FISCAL YEAR 1934, ACT OF FEBRUARY 28, 1933 (47 STAT. 1350), PAYMENT TO THE LEGAL REPRESENTATIVES OF DECEASED EMPLOYEES UNDER SAID APPROPRIATION FOR ACCRUED UNUSED LEAVE AT DATE OF DEATH WILL NOT BE AUTHORIZED. THE SAME RULES APPLICABLE TO THE GRANTING OF LEAVE ON SATURDAY MORNING IN FORCE PRIOR TO JULY 1, 1932, ARE AGAIN APPLICABLE ON AND AFTER APRIL 1, 1933. THAT IS TO SAY, IF AN EMPLOYEE IS ENTITLED TO AND IS GRANTED LEAVE WITH PAY FOR A SATURDAY FOUR HOURS' TIME WILL BE CHARGED AGAINST HIS LEAVE, BUT IF HE IS GRANTED LEAVE WITHOUT PAY FOR A SATURDAY HE WILL LOSE A FULL DAY'S PAY THEREFOR.

COMPTROLLER GENERAL MCCARL TO THE PUBLIC PRINTER, APRIL 21, 1933:

THERE HAVE BEEN RECEIVED YOUR LETTERS OF MARCH 30, 1933, AND APRIL 4, 1933, AS FOLLOWS:

YOUR DECISION IS REQUESTED ON THE FOLLOWING QUESTIONS:

UNDER SECTION 4 (D) OF PUBLIC, NO. 2, 73D CONGRESS, REPEALING SECTION 103 OF PUBLIC, NO. 212, 72D CONGRESS, SUSPENDING ANNUAL LEAVE OF ABSENCE WITH PAY, MAY EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE BE GRANTED FOUR HOURS' LEAVE OF ABSENCE WITH PAY, EARNED IN FISCAL YEAR 1932, ON SATURDAY, APRIL 1, AND ON THE SUCCEEDING SATURDAYS TO THE CLOSE OF THE FISCAL YEAR 1933?

WHAT WOULD BE THE APPLICATION OF THE SATURDAY HALF HOLIDAY LAW, APPROVED MARCH 3, 1931 (U.S.C., SUPP. VI, TITLE 5, SEC. 26A) TO EMPLOYEES GRANTED FOUR HOURS' LEAVE ON SATURDAYS?

YOUR DECISION IS RESPECTFULLY REQUESTED ON THE APPLICATION OF THE FOLLOWING PROVISIONS OF LAW AS TO THE GRANTING OF LEAVES OF ABSENCE EARNED BY EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE IN FISCAL YEAR 1932, THE FIRST NINE MONTHS OF FISCAL YEAR 1933, AND THE LAST THREE MONTHS OF FISCAL YEAR 1933, THE RATES OF PAY THEREFOR, THE PAYMENTS TO EMPLOYEES SEPARATED FROM THE SERVICE AND TO THE ESTATES OF DECEASED EMPLOYEES, WHETHER LEAVE OF ABSENCE EARNED IN 1932 MAY BE GRANTED ON THE BASIS OF 30 OR 15 DAYS, AND WHETHER ANY PART OF SUCH LEAVE NOT GRANTED IN THE FISCAL YEAR 1933 IS CUMULATIVE THEREAFTER:

1. SECTION 45 OF TITLE 44, U.S. CODE, PROVIDES---

"THE EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE, WHETHER EMPLOYED BY THE PIECE OR OTHERWISE, SHALL BE ALLOWED LEAVES OF ABSENCE WITH PAY TO THE EXTENT OF NOT EXCEEDING THIRTY DAYS IN ANY ONE FISCAL YEAR UNDER SUCH REGULATIONS AND AT SUCH TIMES AS THE PUBLIC PRINTER MAY DESIGNATE AT THE RATE OF PAY RECEIVED BY THEM DURING THE TIME IN WHICH SAID LEAVE WAS EARNED; BUT SUCH LEAVES OF ABSENCE SHALL NOT BE ALLOWED TO ACCUMULATE FROM YEAR TO YEAR. SUCH EMPLOYEES AS ARE ENGAGED ON PIECEWORK SHALL RECEIVE THE SAME RATE OF PAY FOR THE SAID THIRTY DAYS' LEAVE AS WILL BE PAID TO DAY HANDS. IT SHALL BE LAWFUL TO ALLOW PAY FOR PRO RATA LEAVE TO THOSE SERVING FRACTIONAL PARTS OF A YEAR: ALSO, TO ALLOW PAY FOR PRO RATA LEAVE OF ABSENCE TO EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE IN ANY FISCAL YEAR, NOTWITHSTANDING THE FACT THAT THIRTY DAYS' LEAVE OF ABSENCE, WITH PAY, MAY HAVE BEEN GRANTED TO SUCH EMPLOYEES IN THAT FISCAL YEAR ON ACCOUNT OF SERVICE RENDERED IN A PREVIOUS FISCAL YEAR. THE PUBLIC PRINTER IS AUTHORIZED TO PAY TO THE LEGAL REPRESENTATIVE OF ANY EMPLOYEES WHO MAY DIE AND MAY HAVE ANY ACCRUED LEAVE OF ABSENCE DUE THEM AS SUCH EMPLOYEES, SAID CLAIMS TO BE PAID OUT OF ANY APPROPRIATIONS FOR LEAVES OF ABSENCE. (JUNE 11, 1896, C. 420, 1, 29 STAT. 454.)"

2. SECTION 215, PUBLIC NO. 212, 72ND CONGRESS (LEGISLATIVE APPROPRIATION ACT, FISCAL YEAR 1933), PROVIDES---

"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 15 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: * * *"

3. SECTION 802, SUPRA, PROVIDES---

"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.'

4. SECTION 103, SUPRA, PROVIDES---

"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.'

5. SECTION 4 (D) OF TITLE II, PUBLIC, NO. 2, 73RD CONGRESS (ACT TO MAINTAIN THE CREDIT OF THE UNITED STATES GOVERNMENT), REPEALS ABOVE SECTION 103; THE REPEAL CLAUSE IS EFFECTIVE APRIL 1, 1933.

UNDER THE ACT OF 1896, SUPRA, IT IS UNDERSTOOD TO HAVE BEEN THE ADMINISTRATIVE PRACTICE SINCE THE ENACTMENT TO GRANT NO LEAVE OF ABSENCE WITH PAY TO NEW EMPLOYEES DURING THE FIRST FISCAL YEAR OF THEIR SERVICE AND TO PAY FOR THE LEAVE THUS EARNED, WHEN GRANTED IN THE SUCCEEDING FISCAL YEAR, AT THE COMPENSATION RATE RECEIVED DURING THE PREVIOUS YEAR IN WHICH THE LEAVE WAS EARNED. HENCE, IT IS UNDERSTOOD THAT ON JUNE 30, 1932, THE CLOSE OF THE FISCAL OR LEAVE YEAR, SOME EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE MAY HAVE HAD TO THEIR CREDIT AS MUCH AS 30 DAYS OF EARNED LEAVE.

IN DECISION OF JULY 8, 1932, 12 COMP. GEN. 9, TO YOU, IT WAS HELD (QUOTING FROM THE SYLLABUS/---

THE TERM "ANNUAL LEAVE" IN SECTION 103 OF THE ACT OF JUNE 30, 1932, 47 STAT. 400, REFERS TO ALL "VACATION" LEAVE OF ABSENCE WITH PAY AUTHORIZED BY LAW AND/OR REGULATIONS FOR EACH YEAR, WHETHER BASED ON THE CALENDAR, FISCAL, OR SERVICE YEAR, FOR PERSONAL PLEASURE, CONVENIENCE, OR BENEFIT OF THE OFFICER OR EMPLOYEE, BUT DOES NOT INCLUDE SICK, QUARANTINE, AND MILITARY LEAVE. RIGHTS TO ANNUAL LEAVE AS THUS DEFINED, INCLUDING THAT ACCRUED AND UNUSED PRIOR TO JULY 1, 1932, OR TO RECEIVE PAYMENT FOR UNUSED PORTION THEREOF UPON SEPARATION FROM THE SERVICE, AS WELL AS ALL BENEFITS INCIDENT THERETO, ARE SUSPENDED DURING THE FISCAL YEAR 1933, IRRESPECTIVE OF WHETHER THE LEAVE RIGHTS HERETOFORE HAVE BEEN GRANTED ABSOLUTELY BY STATUTE OR ALLOWED WITHIN ADMINISTRATIVE DISCRETION.

IN DECISION OF APRIL 6, 1933, 12 COMP. GEN. 574, TO THE CIVIL SERVICE COMMISSION, INVOLVING THE LEAVE STATUS OF EMPLOYEES ON A CALENDAR-YEAR BASIS, REFERENCE WAS MADE TO SECTION 103, 215, AND 802, OF THE ECONOMY ACT OF JUNE 30, 1932, AND IT WAS HELD AS FOLLOWS:

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, PUBLIC, NO. 2, SECTION 4 (D), TITLE II, 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, SECTIONS 101, 102, 103, 104, SUBSECTIONS (D) AND (E) OF SECTION 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. * * *

IT WILL BE NOTED THAT THE CONCLUSION TO THE EFFECT THAT THE UNUSED LEAVE WHICH HAD ACCRUED DURING THE PERIOD FROM JANUARY 1, 1932, TO JUNE 30, 1932, COULD NOT BE TAKEN AFTER MARCH 31, 1933, WAS BASED ON THE FACT THAT PRIOR TO JUNE 30, 1932,"THERE WAS NO RIGHT OF CUMULATION FROM YEAR TO YEAR.' WITH RESPECT TO THE CLASS OF EMPLOYEES NOW UNDER CONSIDERATION, HOWEVER, THE SITUATION IS DIFFERENT BECAUSE THE ACT OF JUNE 11, 1896, 29 STAT. 453, CONTROLLING THE GRANTING OF ANNUAL LEAVE OF ABSENCE WITH PAY TO EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE, SPECIFICALLY RECOGNIZED THE RIGHT TO GRANT IN ONE FISCAL OR LEAVE YEAR LEAVE EARNED DURING THE PRECEDING FISCAL OR LEAVE YEAR. THUS, THERE EXISTED ON JUNE 30, 1932, A RIGHT TO CARRY OVER INTO THE FISCAL YEAR 1933 THE UNUSED PORTION OF THE LEAVE THAT HAD ACCRUED DURING THE FISCAL YEAR 1932, WHICH RIGHT WAS NOT TAKEN AWAY BY ANYTHING IN THE ECONOMY ACT OF JUNE 30, 1932. SECTION 103 OF SAID ACT SUSPENDED SAID RIGHT AND SECTION 215 MODIFIED THE SAME BY REDUCING FROM 30 TO 15 DAYS THE MAXIMUM AMOUNT WHICH MIGHT BE CARRIED OVER AND BY REMOVING THE LIMITATION AS TO THE TIME WITHIN WHICH THE LEAVE THUS CARRIED OVER MIGHT BE TAKEN. CONSEQUENTLY, WHILE UNDER THE PROVISIONS OF SECTION 103 OF THE ECONOMY ACT NO LEAVE COULD ACCRUE TO OR BE TAKEN BY THESE EMPLOYEES DURING THE PERIOD FROM JULY 1, 1932, TO MARCH 31, 1933, THE RIGHT WHICH EXISTED PRIOR TO JUNE 30, 1932, TO CARRY OVER TO THE FISCAL YEAR 1933 THE UNUSED PORTION OF THE LEAVE EARNED PRIOR TO JULY 1, 1932, WAS PRESERVED BY SECTION 215 SUBJECT TO THE MODIFICATIONS ABOVE INDICATED.

YOU ARE ADVISED, THEREFORE, THAT THERE MAY BE GRANTED DURING THE REMAINDER OF THE CURRENT FISCAL YEAR, OR THEREAFTER, THE UNUSED PORTION, IF ANY, OF THE LEAVE, NOT TO EXCEED 15 DAYS WHICH HAD ACCRUED UP TO JULY 1, 1932, BUT IN NO CASE MAY CREDIT BE ALLOWED FOR LEAVE ON ACCOUNT OF SERVICE BEYWEEN JUNE 30, 1932, AND APRIL 1, 1933, TO BE GRANTED EITHER IN THE CURRENT OR ANY SUCCEEDING FISCAL YEAR. HENCE, THE MAXIMUM AMOUNT OF LEAVE WITH WHICH THE LEAVE ACCOUNT OF ANY EMPLOYEE OF THE GOVERNMENT PRINTING OFFICE MAY NOW BE CREDITED IS NOT TO EXCEED 15 DAYS OF THE UNUSED LEAVE WHICH HAD BEEN EARNED DURING THE FISCAL YEAR 1932 PLUS 1 1/4 DAYS PER MONTH FOR EACH MONTH'S SERVICE AFTER MARCH 31, 1933.

IN VIEW OF THE PLAIN TERMS OF THE ACT OF JUNE 11, 1896, SUPRA, THE COMPENSATION PAYABLE FOR PERIODS OF AUTHORIZED LEAVE OF ABSENCE MUST CONTINUE TO BE "AT THE RATE OF PAY RECEIVED BY THEM DURING THE TIME IN WHICH SAID LEAVE WAS EARNED.' THE REGULAR ANNUAL APPROPRIATION FOR PERSONNEL FOR THE YEAR IN WHICH THE LEAVE IS ACTUALLY TAKEN MAY BE CONSIDERED AVAILABLE FOR MAKING PAYMENTS TO THE EMPLOYEES FOR THE PERIODS OF THEIR AUTHORIZED LEAVES OF ABSENCE WITH PAY.

WHILE IT IS UNDERSTOOD TO HAVE BEEN THE ADMINISTRATIVE PRACTICE TO PAY EMPLOYEES UPON SEPARATION FROM THE SERVICE FOR UNUSED EARNED OR ACCURED LEAVE, THERE APPEARS NOTHING IN THE ACT OF 1896 OR OTHERWISE TO AUTHORIZE SUCH PRACTICE. THEREFORE, THE PRACTICE SHOULD BE DISCONTINUED. IT WOULD NOT BE IMPROPER TO MAKE THE EMPLOYEE'S SEPARATION FROM THE SERVICE EFFECTIVE AT THE EXPIRATION OF THE ACCRUED LEAVE, THAT IS, TO CARRY THE EMPLOYEE ON THE ROLLS AS IN A LEAVE-WITH PAY STATUS UNTIL THE EXPIRATION OF HIS ACCRUED LEAVE.

WITH RESPECT TO EMPLOYEES WHOSE SEPARATION FROM THE SERVICE IS BY DEATH, SINCE THE ACT OF JUNE 11, 1896, SPECIFICALLY AUTHORIZES THE PUBLIC PRINTER "TO PAY TO THE LEGAL REPRESENTATIVES OF ANY EMPLOYEES WHO MAY DIE AND MAY HAVE ANY ACCRUED LEAVE OF ABSENCE DUE THEM AS SUCH EMPLOYEES, SAID CLAIMS TO BE PAID OUT OF ANY APPROPRIATIONS FOR LEAVE OF ABSENCE," SUCH PAYMENTS MAY BE MADE, IN THE CASE OF EMPLOYEES WHO HAVE DIED OR WHO MAY DIE BETWEEN MARCH 31 AND JULY 1, 1933, UNDER THE CURRENT FISCAL YEAR APPROPRIATION, ACT OF JUNE 30, 1932, 47 STAT. 396, WHICH CONTAINS A SPECIFIC PROVISION "TO ENABLE THE PUBLIC PRINTER TO COMPLY WITH THE PROVISIONS OF LAW GRANTING * * * ANNUAL LEAVE TO EMPLOYEES WITH PAY" FOR LEAVE WHICH SHALL HAVE ACCRUED AND IS UNUSED AT DATE OF DEATH OF THE EMPLOYEE. HOWEVER, AS NO SUCH PROVISION APPEARS IN THE APPROPRIATION ACT FOR THE FISCAL YEAR 1934, ACT OF FEBRUARY 28, 1933, PUBLIC NO. 381, 47 STAT. 1364, PAYMENT TO THE LEGAL REPRESENTATIVE OF DECEASED EMPLOYEES UNDER SAID APPROPRIATION FOR ACCRUED, UNUSED LEAVE AT DATE OF DEATH WILL NOT BE AUTHORIZED.

IT IS BELIEVED THE ABOVE ANSWERS ALL OF THE QUESTIONS INVOLVED IN THE FIRST PARAGRAPH OF YOUR LETTER OF APRIL 4, 1933.

THE QUESTION CONTAINED IN THE FIRST PARAGRAPH OF YOUR LETTER OF MARCH 30, 1933, IS ANSWERED IN THE AFFIRMATIVE, SUBJECT, OF COURSE, TO THE LIMITATIONS HEREINBEFORE INDICATED AS TO THE AMOUNT OF LEAVE WITH PAY WHICH MAY BE GRANTED UNDER EXISTING LAW. REFERRING TO THE QUESTION CONTAINED IN THE SECOND PARAGRAPH OF YOUR LETTER OF MARCH 30, 1933, YOU ARE ADVISED THAT THE SAME RULES APPLICABLE TO THE GRANTING OF LEAVE ON SATURDAY MORNING IN FORCE PRIOR TO JULY 1, 1932, ARE AGAIN APPLICABLE ON AND AFTER APRIL 1, 1933. SEE IN THIS CONNECTION 36 OP.ATTY.GEN. 407, ID. 444. THAT IS TO SAY IF AN EMPLOYEE IS ENTITLED TO AND IS GRANTED LEAVE WITH PAY FOR A SATURDAY FOUR HOURS' TIME WILL BE CHARGED AGAINST HIS LEAVE BUT IF HE IS GRANTED LEAVE WITHOUT PAY FOR A SATURDAY HE WILL LOSE A FULL DAY'S PAY THEREFOR.