A-49578, JUNE 28, 1933, 12 COMP. GEN. 663

A-49578: Jun 28, 1933

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IS SUBJECT TO 15 PERCENT REDUCTION OR SUCH OTHER REDUCTION AS MAY BE REQUIRED BY EXECUTIVE ORDER ISSUED UNDER THE ACT OF MARCH 20. IN EFFECT WHEN THE LEAVE IS TAKEN. IS SUBJECT TO THE PERCENTAGE REDUCTION REQUIRED BY THE EXECUTIVE ORDER IN EFFECT WHEN THE LEAVE IS TAKEN. 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.' * * *" TITLE II OF PUBLIC NO. 2. IN VIEW OF ABOVE REFERENCES YOUR ADVICE IS REQUESTED ON THE FOLLOWING QUESTIONS CONCERNING LEAVE WITH PAY TO EMPLOYEES OF THE UNITED STATES GOVERNMENT PRINTING OFFICE: 1. WHEN AN EMPLOYEE IS GRANTED NOT EXCEEDING 15 DAYS OF THE LEAVE EARNED BY HIM IN FISCAL YEAR 1932.

A-49578, JUNE 28, 1933, 12 COMP. GEN. 663

ECONOMY ACT, AMENDED - LEAVES OF ABSENCE - GOVERNMENT PRINTING OFFICE PAYMENT FOR LEAVE EARNED BY EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE PRIOR TO JULY 1, 1932, AND TAKEN ON OR AFTER APRIL 1, 1933, IS SUBJECT TO 15 PERCENT REDUCTION OR SUCH OTHER REDUCTION AS MAY BE REQUIRED BY EXECUTIVE ORDER ISSUED UNDER THE ACT OF MARCH 20, 1933, IN EFFECT WHEN THE LEAVE IS TAKEN. LIKEWISE, PAYMENT FOR LEAVE EARNED AND GRANTED ON OR AFTER APRIL 1, 1933, IS SUBJECT TO THE PERCENTAGE REDUCTION REQUIRED BY THE EXECUTIVE ORDER IN EFFECT WHEN THE LEAVE IS TAKEN.

COMPTROLLER GENERAL MCCARL TO THE PUBLIC PRINTER, JUNE 28, 1933:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF JUNE 19, 1933, AS FOLLOWS:

IN THE DECISION TO THE PUBLIC PRINTER (A-48206-A-48311, APRIL 21, 1933) YOU STATE:

"* * * 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.' * * *"

TITLE II OF PUBLIC NO. 2, SEVENTY-THIRD CONGRESS,"AN ACT TO MAINTAIN THE CREDIT OF THE UNITED STATES GOVERNMENT," APPROVED MARCH 20, 1933, PROVIDES THAT COMPENSATION OF EMPLOYEES SHALL BE REDUCED BY A PERCENTAGE TO BE SET BY THE PRESIDENT; ALSO, THAT "COMPENSATION" MEANS ANY SALARY, PAY, WAGE, ALLOWANCE (EXCEPT ALLOWANCE FOR TRAVEL), OR OTHER EMOLUMENT PAID FOR SERVICES RENDERED IN ANY CIVILIAN OR NONCIVILIAN OFFICE, POSITION, OR EMPLOYMENT.

IN VIEW OF ABOVE REFERENCES YOUR ADVICE IS REQUESTED ON THE FOLLOWING QUESTIONS CONCERNING LEAVE WITH PAY TO EMPLOYEES OF THE UNITED STATES GOVERNMENT PRINTING OFFICE:

1. WHEN AN EMPLOYEE IS GRANTED NOT EXCEEDING 15 DAYS OF THE LEAVE EARNED BY HIM IN FISCAL YEAR 1932, AT THE RATE PAID DURING THE TIME IN WHICH IT WAS EARNED, IS THE PAYMENT THEREFOR SUBJECT TO THE PERCENTAGE REDUCTION AUTHORIZED BY THE PRESIDENT AND IN EFFECT AT THE TIME LEAVE IS TAKEN?

2. IS LEAVE EARNED BY AN EMPLOYEE, AT NOT EXCEEDING 1 1/4 DAYS A MONTH ON AND AFTER APRIL 1, 1933, TO BE CREDITED TO HIM AT HIS BASIC RATE OR AT BASIC RATE LESS THE PERCENTAGE OF REDUCTION AUTHORIZED BY THE PRESIDENT AND IN EFFECT DURING THE TIME IN WHICH IT IS EARNED?

3. WHEN AN EMPLOYEE IS GRANTED LEAVE EARNED APRIL 1, 1933, AND THEREAFTER, IS THE PAYMENT THEREFOR SUBJECT TO THE PERCENTAGE REDUCTION AUTHORIZED BY THE PRESIDENT AND IN EFFECT AT THE TIME SAID LEAVE IS TAKEN?

4. THIS OFFICE HAS DEDUCTED, FOR IMPOUNDING, 15 PERCENT OF THE LEAVE EARNINGS OF EMPLOYEES WHO HAVE BEEN GRANTED LEAVE WITH PAY FROM APRIL 1, 1933, TO DATE, UNDER ITS INTERPRETATION OF THE WORD "COMPENSATION," AS DEFINED IN THE ACT APPROVED MARCH 20, 1933, SUPRA. SHOULD IT DEVELOP, FROM YOUR DECISION ON THE PRECEDING QUESTIONS, THAT THERE HAS BEEN DEDUCTED AND IMPOUNDED ANY UNWARRANTED AMOUNTS FROM THE PAY FOR LEAVE TAKEN APRIL 1, 1933, TO DATE, MAY THE AMOUNT THEREOF BE REFUNDED TO THE EMPLOYEE CONCERNED, ON THE PAY ROLL COVERING PERIOD OF JUNE 15 TO 30, 1933, AND THE ACCOUNT ADJUSTED ACCORDINGLY ON THE SCHEDULE OF FURLOUGH AND COMPENSATION DEDUCTIONS (STANDARD FORM 1077) FOR THE MONTH OF JUNE, 1933, WHEN SUBMITTED BY E. J. WILVER, DISBURSING CLERK OF THE GOVERNMENT PRINTING OFFICE?

I WOULD APPRECIATE AN EARLY REPLY TO THESE QUESTIONS, IN ORDER THAT ANY NECESSARY ADJUSTMENTS MAY BE MADE BEFORE THE CLOSE OF CURRENT FISCAL YEAR.

THE ACT OF JUNE 11, 1896, 29 STAT. 453, SECTION 45, TITLE 44, UNITED STATES 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, SEC. 1, 29 STAT. 453.)

SECTION 2, TITLE II, OF THE ACT OF MARCH 20, 1933, 48 STAT. 12, PROVIDES AS FOLLOWS:

FOR THAT PORTION OF THE FISCAL YEAR 1933 BEGINNING WITH THE FIRST DAY OF THE CALENDAR MONTH FOLLOWING THE MONTH DURING WHICH THIS ACT IS ENACTED, AND FOR THE FISCAL YEAR ENDING JUNE 30, 1934, THE COMPENSATION OF EVERY OFFICER OR EMPLOYEE SHALL BE DETERMINED AS FOLLOWS:

(A) THE COMPENSATION WHICH SUCH OFFICER OR EMPLOYEE WOULD RECEIVE UNDER THE PROVISIONS OF ANY EXISTING LAW, SCHEDULE, REGULATION, EXECUTIVE ORDER, OR DEPARTMENTAL ORDER SHALL FIRST BE DETERMINED AS THOUGH THIS TITLE (EXCEPT SECTION 4) HAD NOT BEEN ENACTED.

(B) THE COMPENSATION AS DETERMINED UNDER SUBPARAGRAPH (A) OF THIS SECTION SHALL BE REDUCED BY THE PERCENTAGE, IF ANY, DETERMINED IN ACCORDANCE WITH SECTION 3 OF THIS TITLE.

THE "RATE OF PAY RECEIVED * * * DURING THE TIME IN WHICH SAID LEAVE WAS EARNED" (QUOTING FROM THE ACT OF 1896), REFERS TO THE BASIC OR TOTAL RATE OF COMPENSATION RECEIVED. LIKEWISE, THE ,COMPENSATION WHICH SUCH OFFICER OR EMPLOYEE WOULD RECEIVE," ETC. (QUOTING FROM THE ACT OF MARCH 20, 1933), REFERS TO THE BASIC OR TOTAL RATE OF COMPENSATION RECEIVED. THEREFORE, COMPENSATION PAYABLE FOR ALL PERIODS SUBSEQUENT TO MARCH 31, 1933, WHETHER THE EMPLOYEE IS ON DUTY OR ON AUTHORIZED ANNUAL LEAVE OF ABSENCE WITH PAY, IS SUBJECT TO THE 15 PERCENT REDUCTION, OR SUCH OTHER REDUCTION AS MAY BE REQUIRED BY EXECUTIVE ORDER ISSUED UNDER SECTION 3 OF THE ACT OF MARCH 20, 1933.

QUESTION NO. 1 IS ANSWERED IN THE AFFIRMATIVE. REFERRING TO QUESTION NO. 2, THE LEAVE EARNED IS TO BE CREDITED AT THE BASIC RATE OF COMPENSATION, BUT IF TAKEN IN A PERIOD DURING WHICH A PERCENTAGE REDUCTION IS APPLICABLE, THE REQUIRED DEDUCTION SHOULD BE MADE THEREFROM. QUESTION NO. 3 IS ANSWERED IN THE AFFIRMATIVE, WHICH MAKES IT UNNECESSARY TO ANSWER QUESTION NO. 4.