A-49869, JULY 11, 1933, 13 COMP. GEN. 14

A-49869: Jul 11, 1933

Additional Materials:

Contact:

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

 

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

THIS RULE IS LIMITED TO EMPLOYEES INVOLUNTARILY FURLOUGHED AND CANNOT BE EXTENDED TO APPLY TO EMPLOYEES ON VOLUNTARY LEAVE OF ABSENCE WITHOUT PAY. HIS SUBSEQUENT APPOINTMENT TO A TEMPORARY OR SEASONAL POSITION SUCH AS IS EXCEPTED FROM THE PROVISIONS OF SECTION 203. AT A HIGHER RATE OF IS NOT TO BE PROHIBITED AS AN ADMINISTRATIVE PROMOTION WITHIN THE MEANING OF SECTION 202. ESPECIALLY CONCERNING ENGINEERING EMPLOYEES WHO HAVE BEEN FURLOUGHED BY THE INTERSTATE COMMERCE COMMISSION. WITHOUT LOSS OF SUCH RIGHTS AS MAY ACCRUE FROM BEING RETAINED IN A FURLOUGH STATUS WITH THE ESTABLISHMENT BY WHICH THEY WERE FIRST EMPLOYED BEFORE FURLOUGH. IT IS ALSO REQUESTED THAT YOUR DECISION STATE WHETHER ANY DISTINCTION SHOULD BE MADE IN THIS CONNECTION BETWEEN AN EMPLOYEE ON FURLOUGH AND AN EMPLOYEE ON DULY AUTHORIZED LEAVE WITHOUT PAY.

A-49869, JULY 11, 1933, 13 COMP. GEN. 14

ECONOMY ACT, AMENDED - TEMPORARY EMPLOYMENT DURING ADMINISTRATIVE FURLOUGH EMPLOYEES ADMINISTRATIVELY FURLOUGHED UNDER THE TERMS OF SECTION 9 (A) 48 STAT. 306, MAY BE TEMPORARILY EMPLOYED EITHER IN THE SAME OR ANOTHER DEPARTMENT OR OFFICE OF THE GOVERNMENT, BUT THIS RULE IS LIMITED TO EMPLOYEES INVOLUNTARILY FURLOUGHED AND CANNOT BE EXTENDED TO APPLY TO EMPLOYEES ON VOLUNTARY LEAVE OF ABSENCE WITHOUT PAY. AN EMPLOYEE CANNOT BE GIVEN A PERMANENT OR INDEFINITE APPOINTMENT AND CONTINUE TO HOLD HIS STATUS AS AN ADMINISTRATIVELY FURLOUGHED EMPLOYEE FROM ANOTHER POSITION.

COMPTROLLER GENERAL MCCARL TO THE PRESIDENT OF THE UNITED STATES CIVIL SERVICE COMMISSION, JULY 11, 1933:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF JULY 8, 1933, AS FOLLOWS:

THE COMMISSION HAS THE HONOR TO REFER TO YOUR DECISION A-45027 OF OCTOBER 19, 1932, THE SYLLABUS OF WHICH STATES:

"WHEN AN EMPLOYEE HAS BEEN GIVEN AN ADMINISTRATIVE FURLOUGH IN PREFERENCE TO A DISCHARGE PURSUANT TO SECTION 216 OF THE ECONOMY ACT, HIS SUBSEQUENT APPOINTMENT TO A TEMPORARY OR SEASONAL POSITION SUCH AS IS EXCEPTED FROM THE PROVISIONS OF SECTION 203, AT A HIGHER RATE OF IS NOT TO BE PROHIBITED AS AN ADMINISTRATIVE PROMOTION WITHIN THE MEANING OF SECTION 202, OF SAID ACT.'

THIS DECISION APPARENTLY HAS THE COLLATERAL EFFECT OF PERMITTING A FURLOUGHED EMPLOYEE OF ONE DEPARTMENT TO BE APPOINTED TO A TEMPORARY OR SEASONAL POSITION IN THE SAME DEPARTMENT WITHOUT LOSING WHATEVER RIGHTS OF RECALL FROM FURLOUGH OR TRANSFER TO ANOTHER ESTABLISHMENT WHICH MAY ACCRUE FROM RETAINING HIS FURLOUGH STATUS.

THE COMMISSION HAS RECEIVED NUMEROUS REQUESTS, ESPECIALLY CONCERNING ENGINEERING EMPLOYEES WHO HAVE BEEN FURLOUGHED BY THE INTERSTATE COMMERCE COMMISSION, WHETHER THIS DECISION MAY BE CONSTRUED AS HAVING A BROADER APPLICATION TO PERMIT APPOINTMENT OR EMPLOYMENT IN TEMPORARY OR SEASONAL POSITIONS IN THE AGRICULTURAL ADJUSTMENT ADMINISTRATION, THE INTERIOR DEPARTMENT, THE WAR DEPARTMENT, OR OTHER FEDERAL ESTABLISHMENT, WITHOUT LOSS OF SUCH RIGHTS AS MAY ACCRUE FROM BEING RETAINED IN A FURLOUGH STATUS WITH THE ESTABLISHMENT BY WHICH THEY WERE FIRST EMPLOYED BEFORE FURLOUGH. THE COMMISSION SUBMITS THIS QUESTION TO YOU FOR DECISION.

IT IS ALSO REQUESTED THAT YOUR DECISION STATE WHETHER ANY DISTINCTION SHOULD BE MADE IN THIS CONNECTION BETWEEN AN EMPLOYEE ON FURLOUGH AND AN EMPLOYEE ON DULY AUTHORIZED LEAVE WITHOUT PAY.

SECTION 216 OF THE ECONOMY ACT HAS BEEN REPEALED BY SECTION 9 (B) OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1934, APPROVED JUNE 16, 1933, 48 STAT. 306, AND, IN LIEU THEREOF, THE FOLLOWING FURLOUGH PROVISION WAS ENACTED IN SECTION 9 (A) OF THE SAME STATUTE:

SEC. 9 (A). UNTIL JULY 1, 1934, IN CASES IN WHICH THE NUMBER OF OFFICERS AND EMPLOYEES IN ANY PARTICULAR SERVICE IS IN EXCESS OF THE NUMBER NECESSARY FOR THE REQUIREMENTS OF SUCH SERVICE, THE HEADS OF THE SEVERAL EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS OF THE UNITED STATES GOVERNMENT AND THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA, RESPECTIVELY, ARE HEREBY AUTHORIZED TO FURLOUGH, WITHOUT PAY, ANY OFFICERS AND EMPLOYEES CARRIED ON THEIR RESPECTIVE ROLLS FOR SUCH PERIODS AS IN THEIR JUDGMENT MAY BE NECESSARY TO DISTRIBUTE, AS FAR AS PRACTICABLE, EMPLOYMENT ON THE AVAILABLE WORK IN SUCH SERVICE AMONG ALL THE OFFICERS AND EMPLOYEES OF SUCH SERVICE, IN ROTATION: PROVIDED, THAT NO EMPLOYEE UNDER THE CLASSIFIED CIVIL SERVICE SHALL BE FURLOUGHED UNDER THE PROVISIONS OF THIS SECTION FOR A TOTAL OF MORE THAN NINETY DAYS DURING THE FISCAL YEAR 1934, EXCEPT AFTER FULL AND COMPLETE COMPLIANCE WITH ALL THE PROVISIONS OF THE CIVIL-SERVICE LAWS AND REGULATIONS RELATING TO REDUCTIONS IN PERSONNEL. RULES AND REGULATIONS SHALL BE PROMULGATED BY THE PRESIDENT WITH A VIEW TO SECURING UNIFORM ACTION BY THE HEADS OF THE VARIOUS EXECUTIVE DEPARTMENTS AND INDEPENDENT GOVERNMENT ESTABLISHMENTS IN THE APPLICATION OF THE PROVISIONS OF THIS SECTION. THE PROVISIONS OF THIS SECTION RELATING TO FURLOUGHS SHALL NOT APPLY TO CARRIERS IN THE RURAL MAIL DELIVERY SERVICE, BUT THE PRESIDENT IS AUTHORIZED TO SUSPEND, OR TO REDUCE, FOR THE DURATION OF THE FISCAL YEAR, 1934, THE ALLOWANCE PAID TO SUCH CARRIERS FOR EQUIPMENT MAINTENANCE.

THE DECISION OF OCTOBER 19, 1932, 12 COMP. GEN. 403, CITED BY YOU, RELATIVE TO EMPLOYEES ADMINISTRATIVELY FURLOUGHED UNDER SECTION 216 OF THE ECONOMY ACT, IS APPLICABLE, ALSO, TO AUTHORIZE THE TEMPORARY EMPLOYMENT, EITHER IN THE SAME OR ANOTHER DEPARTMENT OR OFFICE OF THE GOVERNMENT OF EMPLOYEES ADMINISTRATIVELY FURLOUGHED UNDER THE TERMS OF SECTION 9 (A) OF THE ACT OF JUNE 16, 1933, SUPRA; HOWEVER, THE RULE IS LIMITED TO EMPLOYEES INVOLUNTARILY FURLOUGHED AND CANNOT BE EXTENDED TO APPLY TO EMPLOYEES ON VOLUNTARY LEAVE OF ABSENCE WITHOUT PAY. IT IS TO BE UNDERSTOOD, OF COURSE, THAT AN EMPLOYEE CANNOT BE GIVEN A PERMANENT OR INDEFINITE APPOINTMENT AND CONTINUE TO HOLD HIS STATUS AS AN ADMINISTRATIVELY FURLOUGHED EMPLOYEE FROM ANOTHER POSITION. 12 COMP. GEN. 76.