A-48514, MAY 9, 1933, 12 COMP. GEN. 621

A-48514: May 9, 1933

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LEAVE IS AUTHORIZED TO BE GRANTED ONLY AFTER THE FIRST 12 CONSECUTIVE MONTHS OF SERVICE. THE AMOUNT OF LEAVE IS REDUCED FROM 30 LEAVE-PAY DAYS TO 15 WORKING DAYS. THE LEAVE IS CUMULATIVE IN EACH SUCCEEDING SERVICE OR LEAVE YEAR. DURING WHICH THERE WAS A RIGHT OF CUMULATION OF LEAVE FROM THE FIRST SERVICE OR LEAVE YEAR. SUCH EMPLOYEES ARE ENTITLED TO LEAVE WITH PAY AT THE RATE OF 1 1/4 WORKING DAYS FOR EACH SERVICE MONTH ON AND AFTER APRIL 1. EMPLOYEES OF NAVY YARDS AND NAVAL STATIONS WITHIN THE CONTINENTAL LIMITS OF THE UNITED STATES WHO WERE IN THEIR SECOND SERVICE YEAR APRIL 1. THAT IS. ARE ENTITLED TO LEAVE WHICH ACCRUED AND WAS UNUSED PRIOR TO JUNE 30. THAT IS. NO LEAVE CREDIT IS AUTHORIZED FOR ANY EMPLOYEES OF NAVY YARDS AND NAVAL STATIONS COVERING THE PERIOD FROM JULY 1.

A-48514, MAY 9, 1933, 12 COMP. GEN. 621

ECONOMY ACT, AMENDED - LEAVES OF ABSENCE - NAVAL ESTABLISHMENT EMPLOYEES UNDER THE ACT OF AUGUST 29, 1916, 39 STAT. 617, AND SECTION 215 OF THE ECONOMY ACT, THE LEAVE YEAR OF EMPLOYEES OF NAVY YARDS AND NAVAL STATIONS REMAINS THE SERVICE YEAR, LEAVE IS AUTHORIZED TO BE GRANTED ONLY AFTER THE FIRST 12 CONSECUTIVE MONTHS OF SERVICE, THE AMOUNT OF LEAVE IS REDUCED FROM 30 LEAVE-PAY DAYS TO 15 WORKING DAYS, EXCLUSIVE OF SUNDAYS AND HOLIDAYS, FOR EACH SERVICE OR LEAVE YEAR, AND THE LEAVE IS CUMULATIVE IN EACH SUCCEEDING SERVICE OR LEAVE YEAR. EMPLOYEES OF NAVY YARDS AND NAVAL STATIONS WITHIN THE CONTINENTAL LIMITS OF THE UNITED STATES WHOSE SECOND SERVICE OR LEAVE YEAR, DURING WHICH THERE WAS A RIGHT OF CUMULATION OF LEAVE FROM THE FIRST SERVICE OR LEAVE YEAR, HAD TERMINATED PRIOR TO APRIL 1, 1933, PERMANENTLY LOST THE RIGHT TO ACCUMULATE LEAVE FROM A PRIOR SERVICE YEAR. SUCH EMPLOYEES ARE ENTITLED TO LEAVE WITH PAY AT THE RATE OF 1 1/4 WORKING DAYS FOR EACH SERVICE MONTH ON AND AFTER APRIL 1, 1933, AND TO LEAVE WITH PAY AT THE SAME RATE FOR EACH SERVICE MONTH PRIOR TO JUNE 30, 1932, FOR A SERVICE YEAR RUNNING BOTH ON THAT DATE AND APRIL 1, 1933. EMPLOYEES OF NAVY YARDS AND NAVAL STATIONS WITHIN THE CONTINENTAL LIMITS OF THE UNITED STATES WHO WERE IN THEIR SECOND SERVICE YEAR APRIL 1, 1933, THAT IS, HAD NOT PREVIOUSLY LOST THE RIGHT TO ACCRUE LEAVE FROM THEIR FIRST SERVICE YEAR, ARE ENTITLED TO LEAVE WHICH ACCRUED AND WAS UNUSED PRIOR TO JUNE 30, 1932, AT THE RATE OF 30 LEAVE-PAY DAYS FOR THEIR FIRST SERVICE YEAR WHICH TERMINATED PRIOR TO JUNE 30, 1932, AND AT THE RATE OF 15 WORKING DAYS FOR THE SECOND SERVICE YEAR RUNNING ON JUNE 30, 1932, THAT IS, 1 1/4 WORKING DAYS FOR EACH SERVICE MONTH PRIOR TO JUNE 30, 1932. NO LEAVE CREDIT IS AUTHORIZED FOR ANY EMPLOYEES OF NAVY YARDS AND NAVAL STATIONS COVERING THE PERIOD FROM JULY 1, 1932, TO MARCH 31, 1933, INCLUSIVE, WHEN SECTION 103 OF THE ECONOMY ACT, PROHIBITING ANNUAL LEAVE OF ABSENCE WITH PAY, WAS IN OPERATION. THE SAME PRACTICE IN FORCE PRIOR TO JULY 1, 1932, WHEREBY LEAVE WITH PAY WAS AUTHORIZED TO BE SURRENDERED BY EMPLOYEES OF NAVY YARDS AND NAVAL STATIONS AND SUBSTITUTED FOR LEAVE PREVIOUSLY TAKEN WITHOUT PAY, MAY CONTINUE ON AND AFTER APRIL 1, 1933, SUBJECT TO THE REDUCTION IN THE AMOUNT OF LEAVE AUTHORIZED BY SECTION 215 OF THE ECONOMY ACT. LEAVE EARNED AFTER MARCH 31, 1933, MAY BE SURRENDERED FOR LEAVE WITHOUT PAY TAKEN PRIOR TO JULY 1, 1932, IN ACCORDANCE WITH THE PRACTICE THERETOFORE EXISTING, BUT LEAVE EARNED AFTER MARCH 31, 1933, MAY NOT BE SURRENDERED FOR LEAVE WITHOUT PAY TAKEN DURING THE PERIOD JULY 1, 1932, TO MARCH 31, 1933, INCLUSIVE. THERE MAY NOW BE GRANTED LEAVE OF ABSENCE WITH PAY WHICH ACCRUED BUT WAS NOT TAKEN ON JUNE 30, 1932, TO EMPLOYEES OF NAVY YARDS AND NAVAL STATIONS OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES, WITHIN THE LIMITATIONS OF THE ACT OF AUGUST 29, 1916, 39 STAT. 557, THAT IS, AT THE RATE OF 30 LEAVE-PAY DAYS FOR EACH OF THE MAXIMUM OF 4 YEARS ACTUALLY COMPLETED PRIOR TO JUNE 30, 1932, EFFECTIVE DATE OF THE ECONOMY ACT, AND AT THE RATE OF 15 WORKING DAYS FOR THE SERVICE YEAR RUNNING ON JUNE 30, 1932, INCLUDING THE SERVICE YEAR EXPIRING ON THAT DATE, OR 1 1/4 WORKING DAYS FOR EACH SERVICE MONTH PRIOR TO JULY 1, 1932, OF THE SERVICE YEAR RUNNING JUNE 30, 1932, AND AT THE RATE OF 2 1/2 LEAVE-PAY DAYS FOR EACH SERVICE MONTH ON AND AFTER APRIL 1, 1933. THE PRIVILEGE OF SURRENDERING LEAVE WITH PAY FOR LEAVE WITHOUT PAY PREVIOUSLY TAKEN APPLIES ONLY SO LONG AS AN EMPLOYEE OF A NAVY YARD OR NAVAL STATION REMAINS IN A STATUS SUBJECT TO THE PROVISIONS OF THE LEAVE ACT OF AUGUST 29, 1916, UNDER WHICH SUCH PRIVILEGE HAS BEEN ESTABLISHED, WHETHER EMPLOYED AT ONE OR MORE NAVY YARDS OR NAVAL STATIONS, AND WOULD NOT AUTHORIZE SUCH SUBSTITUTION AFTER THE EMPLOYEE IS TRANSFERRED TO THE DEPARTMENTAL SERVICE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, MAY 9, 1933:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF APRIL 11, 1933, REQUESTING DECISION OF A NUMBER OF QUESTIONS AS TO THE EFFECT OF THE ECONOMY ACT OF JUNE 30, 1932, AND THE ACTS OF MARCH 3, 1933, PUBLIC NO. 428, 47 STAT. 1489, AND MARCH 20, 1933, PUBLIC NO. 2, 48 STAT. 14, ON THE STATUS, WITH RESPECT TO RIGHTS TO ANNUAL LEAVE OF ABSENCE WITH PAY, OF CIVILIAN EMPLOYEES OF NAVY YARDS AND NAVAL STATIONS (1) WITHIN THE CONTINENTAL LIMITS OF THE UNITED STATES, AND (2) OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES. YOUR QUESTIONS RELATING TO EACH OF THOSE GENERAL CLASSES WILL BE STATED AND ANSWERED IN THE ORDER APPEARING IN YOUR LETTER.

IN THE CASE OF CIVILIAN EMPLOYEES WITHIN THE CONTINENTAL LIMITS OF THE UNITED STATES, IT APPEARS THAT THEIR LEAVE WITH PAY WILL BE GOVERNED BY THE PROVISIONS OF THE ACT APPROVED AUGUST 29, 1916, AS AMENDED BY THE ACT APPROVED JUNE 30, 1932, LIMITING SUCH LEAVE TO FIFTEEN DAYS PER YEAR AND PROVIDING FOR THE CUMULATION OF UNUSED LEAVE FROM YEAR TO YEAR. CONFIRMATION OF THIS UNDERSTANDING IS REQUESTED AS WELL AS DECISIONS ON THE FOLLOWING SPECIFIC QUESTIONS:

(A) SINCE UNDER THE ACT OF AUGUST 29, 1916, LEAVE FOR CIVIL EMPLOYEES IS AN ABSOLUTE RIGHT, MAY CIVIL EMPLOYEES WITHIN THE CONTINENTAL LIMITS OF THE UNITED STATES BE NOW GRANTED LEAVE WITH PAY (1) WHERE SUCH LEAVE ACCRUED BUT WAS NOT TAKEN PRIOR TO JULY 1, 1932, AND (2) WHERE THERE WAS NO ACCRUED LEAVE WITH PAY ON JULY 1, 1932, BUT THE EMPLOYEE HAS BEEN EMPLOYED DURING THE PERIOD FROM JULY 1, 1932 TO MARCH 31, 1933?

(B) IF THE ANSWER TO EITHER OF THE QUESTIONS IN SUBPARAGRAPH (A) ABOVE IS IN THE AFFIRMATIVE, WOULD THIS APPLY EQUALLY IN THOSE CASES WHERE THE SERVICE YEAR EXPIRED DURING THE PERIOD FROM JULY 1, 1932, TO MARCH 31, 1933, AS WELL AS THOSE CASES WHERE THE SERVICE YEAR WILL EXPIRE BETWEEN APRIL 1, 1933, AND JUNE 30, 1933?

(C) IF THE ANSWER TO THE QUESTION IN SUB-PARAGRAPH (A) ABOVE IS IN THE NEGATIVE, WHEN WILL THE SERVICE YEAR FOR LEAVE PURPOSES FOR THOSE EMPLOYEES IN THE SERVICE ON APRIL 1, 1933, BEGIN, I.E., ON THE ANNIVERSARY OF THEIR PRESENT EMPLOYMENT OR ON APRIL 1, 1933?

(D) MAY LEAVE WITHOUT PAY TAKEN PRIOR TO JULY 1, 1932, BE NOW CONVERTED RETROACTIVELY TO LEAVE WITH PAY WHERE (1) THERE WAS EQUIVALENT LEAVE WITH PAY EARNED BUT NOT TAKEN PRIOR TO JULY 1, 1932, AND WHERE (2) LEAVE WITH PAY EARNED AFTER JULY 1, 1932, AND PRIOR TO MARCH 31, 1933,OR AFTER MARCH 31, 1933?

(E) MAY LEAVE WITHOUT PAY TAKEN DURING THE PERIOD FROM JULY 1, 1932, TO MARCH 31, 1933, BE NOW CONVERTED RETROACTIVELY TO LEAVE WITH PAY WHERE (1) THERE WAS EQUIVALENT LEAVE WITH PAY EARNED BUT NOT TAKEN PRIOR TO JULY 1, 1932, AND WHERE (2) LEAVE WITH PAY IS EARNED AFTER JULY 1, 1932, AND PRIOR TO MARCH 31, 1933, OR AFTER MARCH 31, 1933?

THE ACT OF AUGUST 29, 1916, 39 STAT. 617, TITLE 34, SECTION 511, U.S.C. PROVIDES:

* * * EACH AND EVERY EMPLOYEE OF THE NAVY YARDS, GUN FACTORIES, NAVAL STATIONS, AND ARSENALS OF THE UNITED STATES GOVERNMENT IS HEREBY GRANTED THIRTY DAYS' LEAVE OF ABSENCE EACH YEAR, WITHOUT FORFEITURE OF PAY DURING SUCH LEAVE: PROVIDED, THAT IT SHALL BE LAWFUL TO ALLOW PRO RATE LEAVE ONLY TO THOSE SERVING TWELVE CONSECUTIVE MONTHS OR MORE:PROVIDED FURTHER, THAT IN ALL CASES THE HEADS OF DIVISIONS SHALL HAVE DISCRETION AS TO THE TIME WHEN THE LEAVE CAN BEST BE ALLOWED: PROVIDED FURTHER, THAT NOT MORE THAN THIRTY DAYS' LEAVE WITH PAY SHALL BE ALLOWED ANY SUCH EMPLOYEE IN ONE YEAR: PROVIDED FURTHER, THAT THIS PROVISION SHALL NOT BE CONSTRUED TO DEPRIVE EMPLOYEES OF ANY SICK LEAVE OR LEGAL HOLIDAYS TO WHICH THEY MAY NOW BE ENTITLED UNDER EXISTING LAW.

SECTION 103 OF THE ECONOMY ACT, JUNE 30, 1932, PROVIDED 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.

DECISION OF AUGUST 2, 1932, 12 COMP. GEN. 160, 162, HELD AS FOLLOWS:

THE PURPOSE AND EFFECT OF SECTIONS 103 AND 803 OF THE ACT IN QUESTION ARE TO PREVENT THE USE OF APPROPRIATIONS OR FUNDS AVAILABLE FOR EXPENDITURE DURING THE FISCAL YEAR 1933 IN PAYING FOR TIME ABSENT ON LEAVE. AND THE INHIBITION OPERATES AGAINST PAYMENTS FOR LEAVE TAKEN WITHOUT PAY DURING A PREVIOUS YEAR AS WELL AS AGAINST PAYMENTS FOR LEAVE ACCRUED IN A PREVIOUS YEAR WHETHER TAKEN OR NOT TAKEN DURING THE FISCAL YEAR 1933, AS WELL AS AGAINST PAYMENTS FOR LEAVE WHICH BUT FOR SAID SECTION WOULD ACCRUE AND BE FOR TAKING DURING THE FISCAL YEAR 1933. IN OTHER WORDS, APPROPRIATIONS FOR THE FISCAL YEAR 1933 MAY NOT BE USED TO PAY FOR ANNUAL LEAVE REGARDLESS OF WHEN IT MAY HAVE BEEN EARNED OR WHETHER IT IS OR IS NOT TAKEN.

SECTION 103 OF THE ECONOMY ACT WAS REPEALED EFFECTIVE APRIL 1, 1933, BY SECTION 4 (D) OF THE ACT OF MARCH 20, 1933, PUBLIC NO. 2, 48 STAT. 14.

SECTION 215 OF THE ECONOMY ACT OF JUNE 30, 1932, PROVIDED, INSOFAR AS HERE MATERIAL, AS OLLOWS:

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: * * *

IN DECISION OF JULY 20, 1932, 12 COMP. GEN. 93, 95, 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 LAW OR PRACTICES THERETOFORE EXISTING. * * *

ANNUAL LEAVE OF ABSENCE UNDER THE ACT OF AUGUST 29, 1916, IS COMPUTED ON THE BASIS OF THE SERVICE YEAR OF EACH EMPLOYEE, NOT ON THE CALENDAR OR FISCAL YEAR.

IT IS UNDERSTOOD THE ADMINISTRATIVE PRACTICE PRIOR TO JULY 1, 1932,UNDER THE ACT OF AUGUST 29, 1916, SUPRA, WAS TO GRANT NO ANNUAL LEAVE OF ABSENCE WITH PAY DURING THE FIRST SERVICE YEAR, BUT TO GRANT 60 DAYS' ANNUAL LEAVE OF ABSENCE WITH PAY IN THE SECOND SERVICE YEAR AND 30 DAYS IN EACH SUCCEEDING SERVICE YEAR, 30 OF THE 60 DAYS GRANTED IN THE SECOND SERVICE YEAR HAVING BEEN REGARDED AS EARNED DURING THE FIRST SERVICE YEAR AND THE REMAINING 30 DAYS AS EARNED DURING THE SECOND SERVICE YEAR, AND THE 30 DAYS IN EACH SUCCEEDING SERVICE YEAR HAVING BEEN REGARDED AS EARNED CURRENTLY. THEREFORE, EXCEPT AS TO THE 30 DAYS REGARDED AS EARNED DURING THE FIRST SERVICE YEAR, WHICH WAS ALLOWED ONLY DURING THE SECOND SERVICE YEAR, THERE WAS NO RIGHT OF CUMULATION OF LEAVE BEYOND THE SERVICE OR LEAVE YEAR IN WHICH THE LEAVE WAS EARNED.

IT IS UNDERSTOOD FURTHER THAT LEAVE WITH PAY AS IT ACCRUED AND BECAME AVAILABLE WAS AUTHORIZED TO BE SURRENDERED AND SUBSTITUTED FOR LEAVE OF ABSENCE WITHOUT PAY OF AN EQUAL AMOUNT PREVIOUSLY TAKEN DURING THE PERIOD THE LEAVE WITH PAY WAS EARNED AND REFUND MADE TO THE EMPLOYEES OF THE COMPENSATION DEDUCTED FOR THE LEAVE OF ABSENCE WITHOUT PAY. THAT IS TO SAY, IF LEAVE WITHOUT PAY WAS TAKEN DURING THE FIRST SERVICE YEAR, THE LEAVE WHICH ACCRUED DURING THAT YEAR BUT WHICH WAS NOT AVAILABLE UNTIL THE SECOND SERVICE YEAR WAS AUTHORIZED TO BE SURRENDERED DURING THE SECOND SERVICE YEAR AND PAYMENT OF COMPENSATION MADE TO THE EMPLOYEE FOR THE PERIOD OF LEAVE OF ABSENCE WITHOUT PAY TAKEN DURING THE FIRST SERVICE YEAR; AND IF DURING ANY LEAVE OR SERVICE YEAR AFTER THE FIRST, AN EMPLOYEE WAS ABSENT WITHOUT PAY HIS LEAVE WITH PAY WHEN LATER ACCRUED DURING THE SAME SERVICE OR LEAVE YEAR WAS AUTHORIZED TO BE SURRENDERED AND SUBSTITUTED IN LIKE MANNER FOR THE LEAVE OF ABSENCE WITHOUT PAY PREVIOUSLY TAKEN IN THAT YEAR.

THE QUESTIONS SUBMITTED WILL BE CONSIDERED AND ANSWERED ON THE BASIS OF THIS ESTABLISHED ADMINISTRATIVE PRACTICE. HENCE, THE UNDERSTANDING EXPRESSED IN THE FIRST PART OF THE PARAGRAPH HEREINBEFORE QUOTED FROM YOUR LETTER IS CONFIRMED. THAT IS TO SAY, THE SERVICE YEAR REMAINS THE LEAVE YEAR, LEAVE IS AUTHORIZED TO BE GRANTED ONLY AFTER THE FIRST 12 CONSECUTIVE MONTHS OF SERVICE, THE AMOUNT OF LEAVE IS REDUCED FROM 30 LEAVE PAY DAYS TO 15 WORKING DAYS--- THAT IS, EXCLUSIVE OF SUNDAYS AND HOLIDAYS--- FOR EACH SERVICE OR LEAVE YEAR, AND THE LEAVE IS NOW CUMULATIVE IN ANY SUCCEEDING SERVICE OR LEAVE YEAR. SEE 23 COMPTROLLER'S DECISIONS 192, 193, WHEREIN IT WAS HELD AS FOLLOWS (QUOTING FROM THE SYLLABUS):

SUNDAYS OCCURRING WITHIN PERIODS OF LEAVE GRANTED TO EMPLOYEES OF NAVY YARDS, ETC., UNDER THE ACT OF AUGUST 29, 1916, SHOULD, IN THE CASE OF A PER ANNUM EMPLOYEE, BE CHARGED AGAINST SUCH LEAVE, BUT IN THE CASE OF A PER DIEM EMPLOYEE, SHOULD NOT BE SO CHARGED, UNLESS SAID PER DIEM EMPLOYEE IS REQUIRED TO WORK ON SUNDAYS; AND SUNDAYS OCCURRING AT THE BEGINNING OR ENDING OF A LEAVE PERIOD SHOULD NOT BE SO CHARGED IN THE CASE OF ANY EMPLOYEE, UNLESS APPLIED FOR AND GRANTED AS DAYS OF LEAVE.

THEREFORE, THE "30 DAYS' LEAVE OF ABSENCE EACH YEAR" PROVIDED FOR IN THE 1916 STATUTE AS THUS APPLIED ARE NOT NECESSARILY EITHER CALENDAR DAYS OR WORKING DAYS AS THOSE TERMS ARE ORDINARILY USED, BUT DAYS ON LEAVE FOR WHICH THE EMPLOYEES, EITHER PER ANNUM OR PER DIEM, WOULD HAVE BEEN PAID HAD THEY REMAINED ON DUTY, AND ACCORDINGLY, WILL BE REFERRED TO HEREIN AS "LEAVE-PAY DAYS.'

IN DECISION OF APRIL 6, 1933 (A-48060, 12 COMP. GEN. 574), TO THE UNITED STATES CIVIL SERVICE COMMISSION, IT WAS HELD:

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 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.

THE PRINCIPLES THUS STATED IN THAT DECISION ARE APPLICABLE, ALSO, TO EMPLOYEES OF NAVY YARDS AND NAVAL STATIONS WITHIN THE CONTINENTAL LIMITS OF THE UNITED STATES WHO WERE IN THEIR THIRD OR SUBSEQUENT SERVICE OR LEAVE YEAR ON APRIL 1, 1933, WHEN THE RIGHT TO RECEIVE LEAVE AND THE RIGHT TO ACCUMULATE LEAVE WERE RESTORED. THE FACT THAT THE ACT OF 1916 GAVE AN ABSOLUTE RIGHT TO THE EMPLOYEES TO BE GRANTED LEAVE WHEREAS WITH RESPECT TO THE EMPLOYEES INVOLVED IN THE DECISION OF APRIL 6, THERE WAS A DISCRETION IN THE HEAD OF THE DEPARTMENT OR ESTABLISHMENT CONCERNED TO WITHHOLD THE LEAVE IS NO BASIS FOR APPLYING A DIFFERENT RULE HERE. HENCE, ALL EMPLOYEES WHOSE SECOND SERVICE OR LEAVE YEAR--- DURING WHICH THERE WAS RIGHT OF CUMULATION OF LEAVE FROM THE FIRST SERVICE OR LEAVE YEAR--- HAD TERMINATED PRIOR TO APRIL 1, 1933, PERMANENTLY LOST ALL RIGHT TO ACCUMULATED LEAVE FROM A PRIOR SERVICE YEAR. SUCH EMPLOYEES ARE ENTITLED ONLY TO LEAVE WITH PAY AT THE RATE OF 1 1/4 WORKING DAYS FOR EACH SERVICE MONTH ON OR AFTER APRIL 1, 1933. IN DECISION OF APRIL 21, 1933, TO THE PUBLIC PRINTER, 12 COMP. GEN. 602, INVOLVING THE LEAVE STATUS OF EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE, AFTER QUOTING FROM THE PRIOR DECISION OF APRIL 6, 1933, SUPRA, TO THE CIVIL SERVICE COMMISSION, IT WAS HELD AS FOLLOWS:

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 LEAVES 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 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.

HAVING DUE REGARD TO THE SERVICE YEAR AS THE LEAVE YEAR RATHER THAN THE FISCAL YEAR, WHICH WAS THE BASIS FOR THE LEAVE YEAR IN THE QUOTED DECISION, THE PRINCIPLE THUS STATED THAT THE RIGHT WHICH EXISTED PRIOR TO JUNE 30, 1932, TO CARRY OVER LEAVE TO THE NEXT YEAR IS APPLICABLE, ALSO, TO EMPLOYEES OF THE NAVY YARDS AND NAVAL STATIONS WITHIN THE CONTINENTAL LIMITS OF THE UNITED STATES WHO WERE IN THEIR SECOND SERVICE YEAR ON APRIL 1, 1933, AND HAD NOT PREVIOUSLY LOST THE RIGHT TO ACCUMULATED LEAVE FROM THEIR FIRST SERVICE YEAR.

THE ADDITIONAL PRINCIPLE STATED IN SAID DECISION THAT THE LEAVE CREDIT FOR THE FISCAL YEAR OR LEAVE YEAR RUNNING OR EXPIRING ON JUNE 30, 1932, WAS REDUCED FROM THE RATE OF 30 TO 15 DAYS FOR THAT ENTIRE LEAVE YEAR, APPLIES ALSO, TO EMPLOYEES OF THE NAVY YARDS AND NAVAL STATIONS WHO WERE IN THEIR FIRST SERVICE YEAR ON JUNE 30, 1932, BUT DOES NOT OPERATE TO REDUCE FROM 30 TO 15 DAYS THE LEAVE WHICH ACCRUED FOR A FIRST SERVICE YEAR WHICH EXPIRED PRIOR TO JUNE 30, 1932, AND WHICH IS AVAILABLE TO EMPLOYEES WHO WERE IN THEIR SECOND SERVICE YEAR ON APRIL 1, 1933.

THE FOLLOWING EXAMPLES ARE GIVEN TO CLARIFY THE APPLICATION OF THE PRINCIPLES THUS STATED:

(1) AN EMPLOYEE WHO ENTERED THE SERVICE MAY 1, 1930, HAVING COMPLETED HIS FIRST SERVICE YEAR APRIL 30, 1931, AND HIS SECOND APRIL 30, 1932, HAD NO ACCUMULATED LEAVE TO HIS CREDIT APRIL 1, 1933, BUT HAD ACCRUED LEAVE AT THE RATE OF 1 1/4 DAYS PER MONTH FOR THE MONTHS OF MAY AND JUNE, 1932, AND LEAVE BEGAN TO ACCRUE AGAIN AT THE RATE OF 1 1/4 WORKING DAYS FOR EACH SERVICE MONTH ON AND AFTER APRIL 1, 1933.

(2) AN EMPLOYEE ENTERING THE SERVICE APRIL 1, 1931, WHO COMPLETED HIS FIRST SERVICE YEAR MARCH 31, 1932, THE LEAVE EARNED DURING WHICH COULD NOT UNDER ANY CIRCUMSTANCES HAVE BEEN TAKEN AFTER MARCH 21, 1933, THE END OF HIS SECOND SERVICE YEAR, HAD NO ACCUMULATED OR ACCRUED LEAVE ON APRIL 1, 1933.

(3) AN EMPLOYEE WHO ENTERED THE SERVICE MAY 1, 1932, HAD TO HIS CREDIT AT THE BEGINNING OF THE SECOND SERVICE YEAR, MAY 1, 1933, 3 3/4 WORKING DAYS WHICH ACCRUED AT THE RATE OF 1 1/4 WORKING DAYS FOR MAY AND JUNE 1932, AND APRIL 1933, WHICH IS CUMULATIVE THEREAFTER.

(4) AN EMPLOYEE WHO ENTERED THE SERVICE MAY 1, 1931, HAVING COMPLETED HIS FIRST SERVICE YEAR APRIL 30, 1932, AND HIS SECOND APRIL 30, 1933, HAD TO HIS CREDIT ON APRIL 1, 1933, WHEN HE WAS STILL IN HIS SECOND SERVICE YEAR, THE UNUSED PORTION OF THE 30 LEAVE-PAY DAYS WHICH ACCUMULATED DURING HIS FIRST SERVICE YEAR, PLUS THE UNUSED PORTION OF 2 1/2 WORKING DAYS WHICH ACCRUED FOR MAY AND JUNE 1932, AT THE RATE OF 1 1/4 WORKING DAYS FOR EACH OF THE 2 MONTHS, ALL OF WHICH IS NOW CUMULATIVE THROUGH ANY SUCCEEDING SERVICE YEAR.

QUESTION (A) (1) IS ANSWERED ACCORDINGLY. WHILE THE LEAVE OF ABSENCE OF THESE EMPLOYEES HAS BEEN REGARDED AS AN ABSOLUTE GRANT, 23 COMP. DEC. 192, 197, IT IS NOT A RIGHT THAT COULD NOT BE TAKEN AWAY OR CURTAILED BY THE CONGRESS. REFERRING TO QUESTION (A) (2), WHILE THE PERIOD FROM JULY 1, 1932, TO MARCH 31, 1933, INCLUSIVE, IS TO BE COUNTED AS A PART OF A SERVICE YEAR, EITHER THE FIRST OR ANY SUCCEEDING SERVICE YEAR, WITHIN THE MEANING OF THE LEAVE ACT OF 1916, NO CREDIT MAY BE ALLOWED FOR LEAVE ON ACCOUNT OF SERVICE DURING THAT PERIOD.

QUESTION (B) HAS BEEN ANSWERED ABOVE.

REFERRING TO QUESTION (C), THE SERVICE YEAR FOR LEAVE PURPOSES CONTINUES TO BEGIN ON THE ANNIVERSARY OF THE EMPLOYEE'S PRESENT EMPLOYMENT. THE SAME PRACTICE IN FORCE PRIOR TO JULY 1, 1932, WHEREBY LEAVE WITH PAY WAS AUTHORIZED TO BE SURRENDERED AND SUBSTITUTED FOR LEAVE PREVIOUSLY TAKEN WITHOUT PAY, MAY CONTINUE ON AND AFTER APRIL 1, 1933, SUBJECT, OF COURSE, TO THE RULES HEREINBEFORE STATED. SEE 8 COMP. GEN. 463 AND CASES THEREIN CITED. ACCORDINGLY QUESTION (D) (1) IS ANSWERED IN THE AFFIRMATIVE IF THE LEAVE EARNED BUT NOT TAKEN PRIOR TO JULY 1, 1932, WAS NOT LOST PERMANENTLY UNDER THE RULES HEREINBEFORE STATED. REFERRING TO QUESTION (D) (2), AS PREVIOUSLY STATED, NO LEAVE WAS EARNED FOR THE PERIOD JULY 1, 1932, TO MARCH 31, 1933, INCLUSIVE. LEAVE EARNED AFTER MARCH 31, 1933, MAY BE SURRENDERED FOR LEAVE WITHOUT PAY TAKEN PRIOR TO JULY 1, 1932, IN ACCORDANCE WITH THE PRACTICE THERETOFORE EXISTING, BUT LEAVE EARNED AFTER MARCH 31, 1933, MAY NOT BE SURRENDERED FOR LEAVE WITHOUT PAY TAKEN DURING THE PERIOD JULY 1, 1932, TO MARCH 31, 1933, INCLUSIVE.

QUESTIONS (E) (1) AND (2) ARE ANSWERED IN THE NEGATIVE FOR REASONS HEREINBEFORE STATED.

IN THE CASE OF CIVILIAN EMPLOYEES OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES, DECISION IS REQUESTED ON THE FOLLOWING POINTS:

(A) SECTION 215 OF THE LEGISLATIVE APPROPRIATION ACT FOR THE FISCAL YEAR 1933 ORIGINALLY REDUCED THE LEAVE FOR THESE EMPLOYEES TO FIFTEEN DAYS PER YEAR WITH THE PROVISO THAT THIS TIME SHOULD BE CUMULATIVE FOR ANY SUCCEEDING YEAR. SECTION 103 OF THE SAME ACT ALSO SUSPENDED THEIR RIGHT TO RECEIVE LEAVE DURING THE FISCAL YEAR 1933. SECTION 103 WAS CONTINUED IN EFFECT DURING 1934 BY SECTION 4 (A) OF THE TREASURY-POST OFFICE APPROPRIATION ACT APPROVED MARCH 3, 1933, BUT SECTION 6 (A) OF THE TREASURY-POST OFFICE ACT PROVIDED THAT SECTIONS 103 AND 215 OF THE LEGISLATIVE APPROPRIATION ACT SHOULD BE APPLIED TO THESE EMPLOYEES ONLY TO THE EXTENT OF DEPRIVING THEM OF ONE MONTH'S LEAVE WITH PAY DURING EACH OF THE FISCAL YEARS 1933 AND 1934. SECTION 4 (D) OF THE ACT APPROVED MARCH 20, 1933, REPEALED SECTION 103 OF THE LEGISLATIVE APPROPRIATION ACT APPROVED JUNE 30, 1932, EFFECTIVE APRIL 1, 1933, AND SECTION 4 (B) OF THE ACT APPROVED MARCH 20, 1933 ALSO REPEALS SECTION 6 OF THE TREASURY-POST OFFICE ACT APPROVED MARCH 3, 1933, WHILE SECTION (C) OF THE SAME ACT AMENDED SECTION 215 OF THE LEGISLATIVE APPROPRIATION ACT APPROVED JUNE 30, 1932, BY PROVIDING THAT IT SHOULD NOT APPLY TO THESE EMPLOYEES. APPEARS FROM THE FOREGOING HISTORY OF THE LEGISLATION INVOLVED THAT EFFECTIVE APRIL 1, 1933, THE LEAVE OF CIVIL EMPLOYEES AT STATIONS OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES WILL BE GOVERNED ENTIRELY BY THE ACT OF AUGUST 29, 1916. CONFIRMATION OF THIS UNDERSTANDING IS REQUESTED TOGETHER WITH ANSWERS TO THE FOLLOWING SPECIFIC QUESTIONS:

(B) ASSUMING THAT THE CONCLUSION EXPRESSED IN THE PRECEDING SUBPARAGRAPH IS CORRECT, SINCE SECTION 4 (C) OF THE ACT APPROVED MARCH 20, 1933 AMENDS SECTION 215 OF THE ACT APPROVED JUNE 30, 1932, BY PROVIDING THAT NOTHING THEREIN SHALL APPLY TO THESE EMPLOYEES, DOES IT NOT FOLLOW THAT SECTION 215 OF THE ACT APPROVED JUNE 30, 1932, HAS NO APPLICATION TO THESE EMPLOYEES FOR THE NINE-MONTH PERIOD FROM JULY 1, 1932, TO MARCH 31, 1933?

(C) SECTION 103 OF THE ACT APPROVED JUNE 30, 1932, SUSPENDING THE RECEIVING OF LEAVE WITH PAY DURING THE FISCAL YEAR 1933 APPLIED TO THESE EMPLOYEES DURING THE PERIOD FROM JULY 1, 1932, TO MARCH 31, 1933. HOWEVER, SECTION 6 (A) OF THE TREASURY-POST OFFICE APPROPRIATION ACT APPROVED MARCH 3, 1933, LIMITED THE APPLICATION OF THIS SECTION TO THE LOSS OF ONE MONTH'S LEAVE, THIS LIMITATION BEING LATER REPEALED BY THE ACT APPROVED MARCH 20, 1933. UNDER THE ACT OF AUGUST 29, 1916, LEAVE WITH PAY FOR THESE EMPLOYEES IS AN ABSOLUTE RIGHT AND IT MAY BE ALLOWED TO ACCUMULATE FOR A PERIOD OF FOUR YEARS. IN THIS CONNECTION IT MAY BE POINTED OUT THAT THE WORD "YEAR" AS USED IN THE ACT OF AUGUST 29, 1916, HAS BEEN CONSTRUED TO MEAN SERVICE YEARS AND LEAVE FOR THESE EMPLOYEES HAS THEREFORE BEEN COMPUTED ON THE SERVICE YEAR BASIS. IN VIEW OF THE FOREGOING, DID THESE EMPLOYEES EARN LEAVE WITH PAY DURING THE PERIOD FROM JULY 1, 1932, TO MARCH 31, 1933, AND IF SO, AT WHAT RATE, I.E., FIFTEEN DAYS PER ANNUM OR THIRTY DAYS PER ANNUM?

(D) MAY THEY NOW BE GRANTED LEAVE WITH PAY FOR LEAVE ACCRUED BUT NOT TAKEN ON JUNE 30, 1932?

(E) IN THE CASE OF AN EMPLOYEE WHO HAD ACCRUED LEAVE WITH PAY DUE HIM ON JUNE 30, 1932, AND WHO HAS BEEN GRANTED LEAVE WITHOUT PAY, MAY SUCH LEAVE WITHOUT PAY BE NOW CONVERTED TO LEAVE WITH PAY RETROACTIVELY IN THE USUAL WAY WHERE (1) THE LEAVE WITHOUT PAY WAS TAKEN PRIOR TO JULY 1, 1932, AND (2) WHERE THE LEAVE WITHOUT PAY HAS BEEN TAKEN SINCE JULY 1, 1932?

(F) IF THE ANSWER TO EITHER OR BOTH OF THE PRECEDING QUESTIONS IS IN THE AFFIRMATIVE, MAY PAYMENT BE MADE ON CURRENT ROLLS WHERE THE EMPLOYEE HAS BEEN SUBSEQUENTLY TRANSFERRED TO (1) ANOTHER STATION OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES, (2) TO STATIONS WITHIN THE UNITED STATES, AND (3) TO THE NAVY DEPARTMENT IN WASHINGTON?

(G) ASSUMING THAT NO PREVIOUS LEAVE WITH PAY HAS BEEN GRANTED, HOW MUCH LEAVE WITH PAY MAY NOW OR HEREAFTER BE GRANTED IN THE CASE OF AN EMPLOYEE WHO COMPLETED OR WILL COMPLETE FOUR YEARS' SERVICE ON (1) JUNE 30, 1932, (2) OCTOBER 31, 1932, (3) MARCH 31, 1933, (4) JUNE 30, 1933, AND (5) DECEMBER 31, 1933.

THE ACT OF AUGUST 29, 1916, 39 STAT. 557, TITLE 34, SECTION 513, U.S.C. PROVIDES:

* * * ANY CIVILIAN EMPLOYEE OF THE NAVY DEPARTMENT WHO IS A CITIZEN OF THE UNITED STATES AND EMPLOYED AT ANY STATION OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES MAY, IN THE DISCRETION OF THE SECRETARY OF THE NAVY, AFTER AT LEAST TWO YEARS' CONTINUOUS, FAITHFUL, AND SATISFACTORY SERVICE ABROAD, AND SUBJECT TO THE INTERESTS OF THE PUBLIC SERVICE, BE GRANTED ACCRUED LEAVE OF ABSENCE, WITH PAY, FOR EACH YEAR OF SERVICE, AND IF AN EMPLOYEE SHOULD ELECT TO POSTPONE THE TAKING OF ANY OR ALL OF THE LEAVE TO WHICH HE MAY BE ENTITLED IN PURSUANCE HEREOF SUCH LEAVE MAY BE ALLOWED TO ACCUMULATE FOR A PERIOD OF NOT EXCEEDING FOUR YEARS, THE RATE OF PAY FOR ACCRUED LEAVE TO BE THE RATE OBTAINING AT THE TIME THE LEAVE IS GRANTED.

IN DECISION OF APRIL 28, 1933, TO THE SECRETARY OF WAR, A-48494, 12 COMP. GEN. 609, INVOLVING THE LEAVE STATUS OF WAR DEPARTMENT EMPLOYEES WHOSE DUTY STATIONS ARE OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES, IT WAS STATED:

SECTION 215 OF THE ECONOMY ACT OF JUNE 30, 1932, ORIGINALLY PROVIDED, INSOFAR AS HERE MATERIAL, 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: PROVIDED FURTHER, THAT NOTHING HEREIN SHALL APPLY TO CIVILIAN OFFICERS AND EMPLOYEES OF THE PANAMA CANAL LOCATED ON THE ISTHMUS AND WHO ARE AMERICAN CITIZENS OR TO OFFICERS AND EMPLOYEES OF THE FOREIGN SERVICES OF THE UNITED STATES HOLDING OFFICIAL STATION OUTSIDE THE CONTINENTAL UNITED STATES: * * *"

DECISION OF NOVEMBER 28, 1932, A-45580, AND UPON RECONSIDERATION OF JANUARY 11, 1933, 12 COMP. GEN. 486, HELD THAT THE EXCEPTION CONTAINED IN THE 2ND PROVISO TO SECTION 215 WAS NOT APPLICABLE TO OFFICERS AND EMPLOYEES OF THE WAR DEPARTMENT WITH DUTY STATIONS ABROAD BUT APPLIED ONLY TO CERTAIN RECOGNIZED FOREIGN SERVICES TO NONE OF WHICH DOES IT APPEAR THAT THIS EMPLOYEE BELONGED. THEREFORE, THE FIRST PROVISO OF SECTION 215 OF THE ECONOMY ACT ABOVE QUOTED REDUCED THE LEAVE OF THESE EMPLOYEES FROM 30 CALENDAR DAYS TO 15 WORKING DAYS; THAT IS, EXCLUSIVE OF SUNDAYS AND HOLIDAYS, FOR THE CALENDAR OR LEAVE YEAR 1932 THEN CURRENT AND SECTION 103, SUPRA, PREVENTED THE GRANTING OF ANY PART OF SAID LEAVE WITH PAY FOR THE PERIOD FROM JULY 1, 1932, TO MARCH 31, 1933. SECTION 6 (A) OF THE ACT OF MARCH 3, 1933, PUBLIC NO. 428, PROVIDED AS FOLLOWS:

"SECTIONS 103 AND 215 OF THE LEGISLATIVE APPROPRIATION ACT, FISCAL YEAR 1933, SHALL BE HELD APPLICABLE TO THE OFFICERS AND EMPLOYEES OF THE PANAMA CANAL AND PANAMA RAILROAD COMPANY ON THE ISTHMUS OF PANAMA, AND TO OFFICERS AND EMPLOYEES OF THE UNITED STATES (INCLUDING ENLISTED PERSONNEL) HOLDING OFFICIAL STATION OUTSIDE THE CONTINENTAL UNITED STATES, ONLY TO THE EXTENT OF DEPRIVING EACH OF THEM OF ONE MONTH'S LEAVE OF ABSENCE WITH PAY DURING EACH OF THE FISCAL YEARS ENDING JUNE 30, 1933, AND JUNE 30, 1934.'

THIS AMENDMENT WHICH WAS EFFECTIVE ONLY FROM MARCH 3 TO 20, 1933, WAS MERELY A SAVING CLAUSE OR LIMITATION ON THE LOSS OF LEAVE TO RESULT FROM THE OPERATION OF SECTION 215 AND SECTION 103 AND WOULD NOT AFFECT THIS MAN'S LEAVE RIGHTS.

SECTION 4 (C), TITLE II, OF THE ACT OF MARCH 20, 1933, FURTHER AMENDED SECTION 215 OF THE ECONOMY ACT BY SUBSTITUTING FOR THE SECOND PROVISO, AS ORIGINALLY ENACTED JUNE 30, 1932, THE FOLLOWING:

"* * * PROVIDED FURTHER, THAT NOTHING HEREIN SHALL APPLY TO OFFICERS AND EMPLOYEES OF THE PANAMA CANAL AND PANAMA RAILROAD COMPANY ON THE ISTHMUS OF PANAMA, OR TO OFFICERS AND EMPLOYEES OF THE UNITED STATES (INCLUDING ENLISTED PERSONNEL) HOLDING OFFICIAL STATION OUTSIDE THE CONTINENTAL UNITED STATES OR IN ALASKA.'

WHILE THIS AMENDMENT TO SECTION 215 OF THE ECONOMY ACT OPERATED TO RESTORE THE RIGHT TO 30 CALENDAR DAYS' ANNUAL LEAVE IN ANY ONE CALENDAR OR LEAVE YEAR WITH THE RIGHT OF CUMULATION AS PROVIDED BY CIRCULAR (A) OF JANUARY 12, 1912, SUPRA, SUCH RESTORATION WAS NOT RETROACTIVELY EFFECTIVE AND COULD NOT OPERATE TO RESTORE TO 30 DAYS THE AUTHORIZED LEAVE FOR THE CALENDAR YEAR 1932, WHICH SECTION 215, AS ORIGINALLY ENACTED JUNE 30, 1932, HAD REDUCED TO 15 DAYS. THEREFORE, IT MUST BE HELD THAT THE LEAVE CREDIT FOR THIS EMPLOYEE FOR THE CALENDAR OR LEAVE YEAR 1932, WHICH WAS CURRENT WHEN THE ACT WAS PASSED, WAS REDUCED FROM 30 CALENDAR DAYS TO 15 WORKING DAYS AND SINCE WITH RESPECT TO LEAVE NOT TAKEN, IT CANNOT BE HELD THAT THE MAXIMUM AMOUNT AUTHORIZED FOR THE ENTIRE YEAR ACCRUED DURING THE FIRST HALF OF THE YEAR, ONLY, IT MUST BE HELD THAT THE LEAVE CREDIT FOR THE PERIOD FRM JANUARY 1 TO JUNE 30, 1932, IS 7 1/2 DAYS. DUE TO SECTION 103 NO CREDIT CAN BE ALLOWED FOR ANY LEAVE FOR THE PERIOD FROM JULY 1, 1932, TO MARCH 31, 1933, BUT LEAVE BEGAN TO ACCRUE AGAIN AT THE RATE OF 30 CALENDAR DAYS EACH CALENDAR YEAR OR 2 1/2 CALENDAR DAYS FOR EACH MONTH FROM APRIL 1, 1933.

REFERRING TO PARAGRAPH (A) YOUR UNDERSTANDING IS CONFIRMED THAT THE LEAVE OF EMPLOYEES STATIONED OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES WILL BE GOVERNED ENTIRELY BY THE ACT OF AUGUST 29, 1916, FOR PERIODS ON AND AFTER APRIL 1, 1933, BUT SUBJECT TO REDUCTION IN THE AMOUNT OF LEAVE FOR SERVICE YEARS RUNNING ON JUNE 30, 1932, EFFECTIVE DATE OF THE ECONOMY ACT, AS HEREINBEFORE EXPLAINED.

QUESTION (B) IS ANSWERED IN THE NEGATIVE. THE SAME PRINCIPLE STATED WITH RESPECT TO EMPLOYEES OF THE WAR DEPARTMENT AT STATIONS OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES IS APPLICABLE TO CIVILIAN EMPLOYEES OF THE NAVY DEPARTMENT AT STATIONS OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES.

QUESTION (C) IS ANSWERED IN THE NEGATIVE. THAT IS, NO LEAVE WITH PAY WAS EARNED BY THESE EMPLOYEES DURING THE PERIOD JULY 1, 1932, TO MARCH 31, 1933, INCLUSIVE.

REFERRING TO QUESTION (D), THERE MAY NOW BE GRANTED LEAVE WITH PAY FOR LEAVE ACCRUED BUT NOT TAKEN ON JUNE 30, 1932, WITHIN THE LIMITATIONS OF THE ACT OF 1916; THAT IS, AT THE RATE OF 30 LEAVE-PAY DAYS FOR EACH OF THE MAXIMUM OF 4 SERVICE YEARS ACTUALLY COMPLETED PRIOR TO JUNE 30, 1932, EFFECTIVE DATE OF THE ECONOMY ACT, AND AT THE RATE OF 15 WORKING DAYS FOR THE SERVICE YEAR RUNNING ON JUNE 30, 1932, INCLUDING THE SERVICE YEAR EXPIRING ON THAT DATE, OR 1 1/4 WORKING DAYS FOR EACH SERVICE MONTH PRIOR TO JULY 1, 1932.

QUESTION (E) (1) IS ANSWERED THE SAME AS QUESTION (D) RELATING TO EMPLOYEES WITHIN THE CONTINENTAL LIMITS OF THE UNITED STATES. QUESTION (E) (2) IS ANSWERED IN THE NEGATIVE. SEE ANSWERS TO QUESTIONS (D) AND (E) RELATING TO EMPLOYEES WITHIN THE CONTINENTAL LIMITS OF THE UNITED STATES.

THE PRIVILEGE OF SURRENDERING LEAVE WITH PAY FOR LEAVE WITHOUT PAY PREVIOUSLY TAKEN APPLIES ONLY SO LONG AS THE EMPLOYEES REMAIN IN A STATUS SUBJECT TO THE PROVISIONS OF THE LEAVE ACT OF 1916, UNDER WHICH SUCH PRIVILEGE HAS BEEN ESTABLISHED, 24 COMP. DEC. 165. ACCORDINGLY, QUESTIONS (F) (1) AND (2) ARE ANSWERED IN THE AFFIRMATIVE SUBJECT TO THE RULES HEREINBEFORE STATED. QUESTION (F) (3) IS ANSWERED IN THE NEGATIVE.

SECTION 215 OF THE ECONOMY ACT WAS EFFECTIVE JUNE 30, 1932, AND OPERATED TO REDUCE THE LEAVE CREDIT OF THESE EMPLOYEES FOR THE SERVICE YEAR RUNNING ON THAT DATE, INCLUDING THOSE WHOSE SERVICE YEAR EXPIRED JUNE 30, 1932, FROM 30 LEAVE-PAY DAYS TO 15 WORKING DAYS. NO LEAVE CREDIT WAS EARNED FOR SERVICE FROM JULY 1, 1932, TO MARCH 31, 1933, INCLUSIVE. LEAVE BEGAN TO ACCRUE AT THE RATE OF 2 1/2 LEAVE-PAY DAYS FOR EACH SERVICE MONTH ON AND AFTER APRIL 1, 1933. IT IS UNDERSTOOD TO HAVE BEEN THE PRACTICE TO ALLOW A MAXIMUM OF 120 DAYS OF UNUSED LEAVE IN THE SERVICE YEAR FOLLOWING A PERIOD OF 4 SERVICE YEARS IN WHICH THE MAXIMUM OF 120 DAYS' LEAVE ACCRUED, 1 COMP. GEN. 297. THEREFORE, THE LEAVE CREDITS FOR THE FIVE EMPLOYEES MENTIONED IN QUESTION (G) AS OF APRIL 1, 1933, WHICH MAY BE GRANTED UNDER THE TERMS OF THE LEAVE ACT OF 1916, MAY BE STATED AS FOLLOWS:

TABLE

SERVICE YEAR (1) LEAVE CREDITS JULY 1, 1928 TO JUNE 30, 1929------------- ------ 30 LEAVE-PAY DAYS. JULY 1, 1929 TO JUNE 30, 1930------------------ - 30 LEAVE-PAY DAYS. JULY 1, 1930 TO JUNE 30, 1931------------------- 30 LEAVE-PAY DAYS. JULY 1, 1931 TO JUNE 30, 1932------------------- 15 WORKING DAYS.

TOTAL 90 LEAVE-PAY DAYS AND 15 WORKING DAYS.

HOWEVER, ONLY SO MUCH OF THIS MAY NOW BE GRANTED AS WILL BE AVAILABLE PRIOR TO JULY 1, 1933, THE END OF THE FIFTH SERVICE YEAR. THAT IS, THE UNUSED LEAVE ACCRUED FOR THE SERVICE YEAR ENDING JUNE 30, 1929, WILL LAPSE JUNE 30, 1933.

TABLE

(2) NOV. 1, 1928 TO OCT. 31, 1929------------------- 30 LEAVE-PAY DAYS. NOV. 1, 1929 TO OCT. 31, 1930------------------- 30 LEAVE-PAY DAYS. NOV. 1, 1930 TO OCT. 31, 1931------------------- 30 LEAVE-PAY DAYS. NOV. 1, 1931 TO JUNE 31, 1932------------------- 10 WORKING DAYS. JULY 1, 1932 TO OCT. 31, 1932------------------- 0

TOTAL 90 LEAVE-PAY DAYS AND 10 WORKING DAYS.

(3) APRIL 1, 1929 TO MARCH 31, 1930----------------- 30 LEAVE-PAY DAYS. APRIL 1, 1930 TO MARCH 31, 1931----------------- 30 LEAVE-PAY DAYS. APRIL 1, 1931 TO MARCH 31, 1932----------------- 30 LEAVE-PAY DAYS. APRIL 1, 1932 TO JUNE 30, 1932------------------ 3 3/4 WORKING DAYS. JULY 1, 1932 TO MARCH 31, 1933------------------ 0

TOTAL 90 LEAVE-PAY DAYS AND 3 3/4 WORKING DAYS.

(4) JULY 1, 1929 TO JUNE 30, 1930--- --------------- 30 LEAVE-PAY DAYS. JULY 1, 1930 TO JUNE 30, 1931------ ------------ 30 LEAVE-PAY DAYS. JULY 1, 1931 TO JUNE 30, 1932--------- --------- 15 WORKING DAYS. JULY 1, 1932 TO MARCH 31, 1933------------- ---- 0

TOTAL 60 LEAVE-PAY DAYS AND 15 WORKING DAYS.

AT THE END OF THE FOURTH SERVICE YEAR, JUNE 30, 1933, THERE WOULD BE AN ADDITIONAL LEAVE CREDIT OF 7 1/2 LEAVE-PAY DAYS, OR A TOTAL AVAILABLE IN THE FIFTH SERVICE YEAR BEGINNING JULY 1, 1933, OF 67 1/2 LEAVE-PAY DAYS AND 15 WORKING DAYS.

TABLE

(5) JAN. 1, 1930 TO DEC. 31, 1930---- -------------- 30 LEAVE-PAY DAYS. JAN. 1, 1931 TO DEC. 31, 1931------- ----------- 30 LEAVE-PAY DAYS. JAN. 1. 1931 TO JUNE 30, 1932--------- --------- 7 1/2 WORKING DAYS. JULY 1, 1932 TO MAR. 31, 1933----------- -------

TOTAL 60 LEAVE-PAY DAYS AND 7 1/2 WORKING DAYS.

AT THE END OF THE FOURTH SERVICE YEAR, DECEMBER 31, 1933, THERE WOULD BE AN ADDITIONAL LEAVE CREDIT OF 22 1/2 LEAVE-PAY DAYS, OR A TOTAL OF 82 1/2 LEAVE-PAY DAYS AND 7 1/2 WORKING DAYS.