A-69146, FEBRUARY 3, 1936, 15 COMP. GEN. 685

A-69146: Feb 3, 1936

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ARE NOT GOVERNMENT EMPLOYEES ENTITLED BY LAW TO MILITARY LEAVE OF ABSENCE WITH PAY OR TO LEAVE OF ABSENCE FOR JURY SERVICE. IT HAS BEEN DISCLOSED THAT PAYMENTS WERE MADE TO RELIEF WORKERS ON WORKS PROGRESS ADMINISTRATION PROJECTS IN NEW YORK CITY FOR PERIODS OF ABSENCE WHILE ON NATIONAL GUARD TRAINING DUTY AND DURING JURY SERVICE. PARTICULAR REFERENCE IS MADE TO VOUCHERS NOS. 3579. THE AMOUNT PAID IN EACH OF SUCH INSTANCES APPARENTLY WAS DETERMINED BY DEDUCTING FROM THE POSSIBLE EARNINGS ON THE PROJECT FOR THE PERIOD OF ABSENCE INVOLVED THE TOTAL AMOUNT ALREADY RECEIVED DURING THE SAME PERIOD FOR NATIONAL GUARD TRAINING DUTY OR FOR JURY SERVICE. ARE NOT EMPLOYEES OF THE GOVERNMENT ENTITLED BY LAW TO MILITARY LEAVE OF ABSENCE WITH PAY OR TO LEAVE OF ABSENCE FOR JURY SERVICE.

A-69146, FEBRUARY 3, 1936, 15 COMP. GEN. 685

LEAVES OF ABSENCE WITH PAY - MILITARY AND JURY SERVICE - WORK RELIEF EMPLOYEES WORK RELIEF EMPLOYEES PAID THE SECURITY WAGE PRESCRIBED BY EXECUTIVE ORDER NO. 7046 OF MAY 20, 1935, ARE NOT GOVERNMENT EMPLOYEES ENTITLED BY LAW TO MILITARY LEAVE OF ABSENCE WITH PAY OR TO LEAVE OF ABSENCE FOR JURY SERVICE.

COMPTROLLER GENERAL MCCARL TO THE ADMINISTRATOR, WORKS PROGRESS ADMINISTRATION, FEBRUARY 3, 936:

IN THE AUDIT OF THE ACCOUNTS OF J. J. GALLAGHER, SYMBOL NO. 63-01 30, FOR THE PERIODS OCTOBER 1 TO 10, AND OCTOBER 11 TO 20, 1935, IT HAS BEEN DISCLOSED THAT PAYMENTS WERE MADE TO RELIEF WORKERS ON WORKS PROGRESS ADMINISTRATION PROJECTS IN NEW YORK CITY FOR PERIODS OF ABSENCE WHILE ON NATIONAL GUARD TRAINING DUTY AND DURING JURY SERVICE. PARTICULAR REFERENCE IS MADE TO VOUCHERS NOS. 3579, 3619, 3623, 4716, 4735, AND 6496. THE AMOUNT PAID IN EACH OF SUCH INSTANCES APPARENTLY WAS DETERMINED BY DEDUCTING FROM THE POSSIBLE EARNINGS ON THE PROJECT FOR THE PERIOD OF ABSENCE INVOLVED THE TOTAL AMOUNT ALREADY RECEIVED DURING THE SAME PERIOD FOR NATIONAL GUARD TRAINING DUTY OR FOR JURY SERVICE.

PERSONS EMPLOYED ON WORK RELIEF WHO RECEIVE MONTHLY EARNINGS GENERALLY KNOWN AS SECURITY WAGES PRESCRIBED BY EXECUTIVE ORDER NO. 7046 OF MAY 20, 1935, ARE NOT EMPLOYEES OF THE GOVERNMENT ENTITLED BY LAW TO MILITARY LEAVE OF ABSENCE WITH PAY OR TO LEAVE OF ABSENCE FOR JURY SERVICE, BUT PAYMENT OF SUCH MONTHLY EARNINGS AND DEDUCTIONS FOR ABSENCE FROM DUTY ARE COVERED EXCLUSIVELY BY TERMS OF SAID EXECUTIVE ORDER AND REGULATIONS ISSUED PURSUANT THERETO, THE EXECUTIVE ORDER PROVIDING IN PART AS FOLLOWS:

THE MONTHLY EARNINGS ARE IN THE NATURE OF A SALARY AND WORKERS SHALL BE PAID FOR TIME LOST DUE TO WEATHER CONDITIONS OR TEMPORARY INTERRUPTIONS IN THE PROJECT BEYOND THE CONTROL OF THE WORKERS. IN ORDER TO BE CREDITED FOR SUCH TIME LOST, THE WORKER MUST REPORT ON THE JOB AND BE OFFICIALLY DISMISSED FOR THE DAY UNLESS OTHERWISE NOTIFIED BY THE PROJECT SUPERVISOR. DEDUCTIONS FROM MONTHLY EARNINGS SHALL BE MADE FOR TIME LOST BECAUSE OF VOLUNTARY ABSENCE, ILLNESS, COMPLETION, OR POSTPONEMENT OF A PROJECT, OR PERMANENT DISMISSAL. IN ORDER TO ASSURE AN ADEQUATE INCOME TO WORKERS, THE WORKS PROGRESS ADMINISTRATION SHALL MAKE EVERY EFFORT TO PROVIDE A CONTINUOUS FLOW OF SUITABLE PROJECTS IN EACH LOCALITY.

PURSUANT TO THIS PROVISION THE MONTHLY EARNINGS ARE PAID FOR TIME LOST ONLY WHEN DUE TO ,WEATHER CONDITIONS OR TEMPORARY INTERRUPTIONS IN THE PROJECT BEYOND THE CONTROL OF THE WORKERS," AND NOT FOR ABSENCE DUE TO ANY OTHER CAUSES. ACCORDINGLY, PAYMENT IS NOT AUTHORIZED IN ANY AMOUNT FOR TIME LOST DUE TO NATIONAL GUARD TRAINING DUTY OR FOR JURY SERVICE.