A-48838, MAY 15, 1933, 12 COMP. GEN. 636

A-48838: May 15, 1933

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ARE SUBJECT TO THE PROVISIONS OF SAID SECTION AND ENTITLED TO ONLY 15 DAYS' LEAVE OF ABSENCE WITH PAY. WHEN ALL LEAVES WERE PROHIBITED). HAS ALWAYS APPLIED THE RULE THAT FOREIGN SERVICE OFFICERS DETAILED TO DUTY IN THE DEPARTMENT MAY HAVE NO GREATER AMOUNT OF LEAVE WHILE ON SUCH DUTY THAN IS GRANTED TO EMPLOYEES OF THE DEPARTMENTS IN WASHINGTON. AN OFFICER IS DESIGNATED FOR AND ORDERED TO A POST. THAT FOR THE CURRENT CALENDAR YEAR AN EMPLOYEE OF THE DEPARTMENT MAY HAVE NOT TO EXCEED THREE FOURTHS OF THE ANNUAL LEAVE LEGALLY AUTHORIZED. THE DEPARTMENT IS LIMITING LEAVES TO OFFICERS IN THE FIELD TO NOT OVER THREE FOURTHS OF SIXTY DAYS. SINCE WHEN AN OFFICER IS ASSIGNED TO A STATION IN A FOREIGN COUNTRY THAT BECOMES HIS STATION.

A-48838, MAY 15, 1933, 12 COMP. GEN. 636

ECONOMY ACT, AMENDED - LEAVE OF ABSENCE - FOREIGN SERVICE OFFICERS AND EMPLOYEES FOREIGN SERVICE OFFICERS AND EMPLOYEES ON REGULAR DUTY OR ON DETAIL IN WASHINGTON OR WITHIN THE CONTINENTAL UNITED STATES, OTHER THAN DURING PERIODS OF AUTHORIZED LEAVE OF ABSENCE, DO NOT COME WITHIN THE EXCEPTION TO SECTION 215 OF THE ECONOMY ACT, AS AMENDED BY THE ACT OF MARCH 20, 1933, 48 STAT. 14, BUT ARE SUBJECT TO THE PROVISIONS OF SAID SECTION AND ENTITLED TO ONLY 15 DAYS' LEAVE OF ABSENCE WITH PAY, EXCLUSIVE OF SUNDAYS AND HOLIDAYS, FOR EACH LEAVE YEAR WHILE ON SUCH DUTY OR AT THE RATE OF 1 1/4 WORKING DAYS' LEAVE FOR EACH CALENDAR MONTH. UPON TERMINATION OF A TOUR OF DUTY AT WASHINGTON OR WITHIN THE CONTINENTAL UNITED STATES A FOREIGN SERVICE OFFICER OR EMPLOYEE DOES NOT AGAIN BECOME ENTITLED TO THE BENEFITS OF THE LEAVE PROVISIONS OF THE ACT OF FEBRUARY 23, 1931, 46 STAT. 1210, AUTHORIZING NOT TO EXCEED SIXTY DAYS' ANNUAL LEAVE OF ABSENCE WITH PAY, UNTIL ARRIVAL AT HIS DESIGNATED OFFICIAL STATION OUTSIDE THE CONTINENTAL UNITED STATES OR IN ALASKA.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF STATE, MAY 15, 1933:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF MAY 5, 1933, AS FOLLOWS:

UNDER THE LAW AND REGULATIONS REGARDING LEAVES OF ABSENCE FOR OFFICERS OF THE FOREIGN SERVICE, THE DEPARTMENT (EXCEPT DURING THE PERIOD JULY 1, 1932, TO MARCH 31, 1933, WHEN ALL LEAVES WERE PROHIBITED), WHILE IT MIGHT LEGALLY GRANT SIXTY DAYS IN ONE YEAR, HAS ALWAYS APPLIED THE RULE THAT FOREIGN SERVICE OFFICERS DETAILED TO DUTY IN THE DEPARTMENT MAY HAVE NO GREATER AMOUNT OF LEAVE WHILE ON SUCH DUTY THAN IS GRANTED TO EMPLOYEES OF THE DEPARTMENTS IN WASHINGTON.

HOWEVER, WHEN THE PERIOD OF DUTY IN THE DEPARTMENT TERMINATES, AND AN OFFICER IS DESIGNATED FOR AND ORDERED TO A POST, IT HAS AUTHORIZED THE FULL SIXTY-DAY PERIOD OF LEAVE PRIOR TO DEPARTURE FOR POST, IN VIEW OF THE FACT THAT IT USUALLY REFUSES TO APPROVE THE FULL SIXTY DAYS TO OFFICERS ON STATION ABROAD MORE OFTEN THAN ONCE IN TWO YEARS.

IN KEEPING WITH YOUR DECISION A-48060 OF APRIL 6, 1933, THAT FOR THE CURRENT CALENDAR YEAR AN EMPLOYEE OF THE DEPARTMENT MAY HAVE NOT TO EXCEED THREE FOURTHS OF THE ANNUAL LEAVE LEGALLY AUTHORIZED, THE DEPARTMENT IS LIMITING LEAVES TO OFFICERS IN THE FIELD TO NOT OVER THREE FOURTHS OF SIXTY DAYS, OR FORTY-FIVE DAYS FOR THE CURRENT YEAR.

SECTION 215 OF THE CREDIT MAINTENANCE ACT PROVIDES, REGARDING LEAVE, THAT THE REDUCTION OF LEAVE TO FIFTEEN DAYS A YEAR SHALL NOT APPLY TO "OFFICERS AND EMPLOYEES OF THE FOREIGN SERVICES OF THE UNITED STATES HOLDING OFFICIAL STATION OUTSIDE THE CONTINENTAL UNITED STATES.' SINCE WHEN AN OFFICER IS ASSIGNED TO A STATION IN A FOREIGN COUNTRY THAT BECOMES HIS STATION, THE DEPARTMENT WOULD BE GLAD TO HAVE YOUR OPINION WHETHER IT MAY, AFTER SUCH ASSIGNMENT IS ACTUALLY MADE, GRANT DURING THE CURRENT YEAR FORTY-FIVE DAYS TO AN OFFICER TO BE TAKEN AFTER THE TERMINATION OF HIS SERVICE IN THE DEPARTMENT, BUT PRIOR TO HIS DEPARTURE FROM THE UNITED STATES, OR WHILE EN ROUTE TO THE NEW POST OF ASSIGNMENT.

SECTION 22 OF THE ACT OF FEBRUARY 23, 1931, 46 STAT. 1210, PROVIDES, IN PART, AS FOLLOWS:

THAT THE SECRETARY OF STATE IS AUTHORIZED, WHENEVER HE DEEMS IT TO BE IN THE PUBLIC INTEREST, TO ORDER TO THE UNITED STATES ON HIS STATUTORY LEAVE OF ABSENCE ANY FOREIGN SERVICE OFFICER OR VICE CONSUL OF CAREER WHO HAS PERFORMED THREE YEARS OR MORE OF CONTINUOUS SERVICE ABROAD: PROVIDED, THAT THE EXPENSES OF TRANSPORTATION AND SUBSISTENCE OF SUCH OFFICERS AND THEIR IMMEDIATE FAMILIES, IN TRAVELING FROM THEIR POSTS TO THEIR HOMES IN THE UNITED STATES AND RETURN, SHALL BE PAID UNDER THE SAME RULES AND REGULATIONS APPLICABLE IN THE CASE OF OFFICERS GOING TO AND RETURNING FROM THEIR POSTS UNDER ORDERS OF THE SECRETARY OF STATE WHEN NOT ON LEAVE: AND PROVIDED FURTHER, THAT WHILE IN THE UNITED STATES THE SERVICES OF SUCH OFFICERS SHALL BE AVAILABLE FOR TRADE CONFERENCE WORK OR FOR SUCH DUTIES IN THE DEPARTMENT OF STATE AS THE SECRETARY OF STATE MAY PRESCRIBE, BUT THE TIME OF SUCH WORK OR DUTIES SHALL NOT BE COUNTED AS LEAVE.

THE SECRETARY OF STATE IS AUTHORIZED, IN HIS DISCRETION AND SUBJECT TO SUCH REGULATIONS AS MAY BE ISSUED BY THE PRESIDENT TO GRANT TO ANY OFFICER OR EMPLOYEE OF THE FOREIGN SERVICE NOT TO EXCEED SIXTY DAYS ANNUAL LEAVE OF ABSENCE WITH PAY. IF SUCH OFFICER OR EMPLOYEE RETURNS TO THE UNITED STATES, THE LEAVE OF ABSENCE GRANTED UNDER THE PROVISIONS OF THIS SECTION SHALL BE EXCLUSIVE OF THE TIME ACTUALLY AND NECESSARILY OCCUPIED IN GOING TO AND FROM THE UNITED STATES, AND SUCH TIME AS MAY BE NECESSARILY OCCUPIED IN AWAITING SAILING. ANY PORTION OF SIXTY DAYS' ANNUAL LEAVE NOT GRANTED OR AVAILED OF IN ANY ONE YEAR MAY BE CUMULATIVE, NOT TO EXCEED EXCLUSIVE OF TIME IN TRANSIT AND AWAITING SAILING, ONE HUNDRED AND TWENTY DAYS IN THREE YEARS OR ONE HUNDRED AND EIGHTY DAYS IN FOUR YEARS: PROVIDED FURTHER, THAT EMPLOYEES, NOT AMERICAN CITIZENS, MAY BE GRANTED NOT TO EXCEED THIRTY DAYS' LEAVE OF ABSENCE WITH PAY IN ANY ONE YEAR.

SECTION 215 OF THE ECONOMY ACT, AS AMENDED BY SECTION 4 (C) OF THE ACT OF MARCH 20, 1933, PUBLIC NO. 2, 48 STAT. 14, PROVIDES, IN PART, AS FOLLOWS:

SEC. 215. 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 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.

THE CLAUSE "HOLDING OFFICIAL STATION OUTSIDE THE CONTINENTAL UNITED STATES OR IN ALASKA" IN THE LAST QUOTED STATUTE, REFERS ONLY TO OFFICERS AND EMPLOYEES ACTUALLY SERVING OUTSIDE THE CONTINENTAL UNITED STATES OR IN ALASKA AND NOT TO OFFICERS AND EMPLOYEES OF THE FOREIGN SERVICE ASSIGNED TO DUTY AT WASHINGTON OR OTHERWISE WITHIN THE CONTINENTAL UNITED STATES.

REFERRING TO THE FIRST TWO PARAGRAPHS OF YOUR LETTER, WHATEVER MAY HAVE BEEN THE ADMINISTRATIVE PRACTICE HERETOFORE, FOR PERIODS ON AND AFTER APRIL 1, 1933, FOREIGN SERVICE OFFICERS AND EMPLOYEES ON REGULAR DUTY OR ON DETAIL IN WASHINGTON OR WITHIN THE CONTINENTAL UNITED STATES, OTHER THAN DURING PERIODS OF AUTHORIZED LEAVE OF ABSENCE, DO NOT COME WITHIN THE EXCEPTION TO SECTION 215 OF THE ECONOMY ACT, AS AMENDED, BUT ARE SUBJECT TO THE PROVISIONS OF THE SECTION AND ENTITLED TO ONLY 15 DAYS' LEAVE OF ABSENCE WITH PAY, EXCLUSIVE OF SUNDAYS AND HOLIDAYS, FOR EACH LEAVE YEAR WHILE ON SUCH DUTY, OR AT THE RATE OF 1 1/4 WORKING DAYS' LEAVE FOR EACH CALENDAR MONTH.

UPON TERMINATION OF A TOUR OF DUTY AT WASHINGTON OR WITHIN THE CONTINENTAL UNITED STATES, A FOREIGN SERVICE OFFICER OR EMPLOYEE DOES NOT AGAIN BECOME ENTITLED TO THE BENEFITS OF THE LEAVE PROVISIONS OF THE ACT OF FEBRUARY 23, 1931, SUPRA, UNTIL ARRIVAL AT DESIGNATED "OFFICIAL STATION OUTSIDE THE CONTINENTAL UNITED STATES OR IN ALASKA.'