A-70997, MARCH 9, 1936, 15 COMP. GEN. 775

A-70997: Mar 9, 1936

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WHO ARE ABSENT ON LEAVE WITHOUT PAY FOR A DEFINITE PERIOD APPLIED FOR IN WRITING AND ADMINISTRATIVELY APPROVED IN ADVANCE. ARE ENTITLED TO COMPENSATION FOR SATURDAY AND SUNDAY. SAID EMPLOYEES ARE NOT ENTITLED TO COMPENSATION FOR A SATURDAY AND SUNDAY. 1936: THERE WAS RECEIVED YOUR LETTER OF FEBRUARY 11. A DECISION IS REQUESTED ON THE FOLLOWING QUESTIONS: WHERE A RAILWAY POSTAL CLERK WHOSE REGULAR ASSIGNMENT REQUIRES HIM TO BE ON DUTY IN A TERMINAL RAILWAY POST OFFICE FROM MONDAY TO FRIDAY OF EACH WEEK WITH SATURDAY AND SUNDAY AS THE DAYS OFF DUTY IS GRANTED LEAVE WITHOUT PAY FOR SEVERAL DAYS ENDING ON FRIDAY AND REPORTS FOR DUTY ON THE FOLLOWING MONDAY. IS HE ENTITLED TO PAY FOR THE SATURDAY FOLLOWING THE EXPIRATION OF THE PERIOD OF LEAVE WITHOUT PAY AND PRIOR TO HIS RETURN TO DUTY?

A-70997, MARCH 9, 1936, 15 COMP. GEN. 775

LEAVES OF ABSENCE WITHOUT PAY - SATURDAYS AND SUNDAYS - RAILWAY POSTAL CLERKS ON FORTY-HOUR WEEK IN THE ABSENCE OF ANY POST OFFICE DEPARTMENT REGULATION TO THE CONTRARY RAILWAY POSTAL CLERKS ON A 40-HOUR WEEK BASIS ASSIGNED TO DUTY IN TERMINAL RAILWAY POST OFFICES AND TRANSFER OFFICES WITH REGULAR TOUR OF DUTY FROM MONDAY TO FRIDAY, INCLUSIVE, WHO ARE ABSENT ON LEAVE WITHOUT PAY FOR A DEFINITE PERIOD APPLIED FOR IN WRITING AND ADMINISTRATIVELY APPROVED IN ADVANCE, ARE ENTITLED TO COMPENSATION FOR SATURDAY AND SUNDAY, NONWORK DAYS, OCCURRING BETWEEN THE EXPIRATION OF THE LEAVE GRANTED AND THE DUTY DAY NEXT FOLLOWING THE EXPIRATION OF SUCH LEAVE IF THEY REPORT FOR DUTY AT THE BEGINNING OF THAT DAY, BUT SAID EMPLOYEES ARE NOT ENTITLED TO COMPENSATION FOR A SATURDAY AND SUNDAY, NONWORK DAYS, OCCURRING WITHIN A DEFINITE PERIOD OF LEAVE OF ABSENCE WITHOUT PAY. 13 COMP. GEN. 206; ID. 207.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE POSTMASTER GENERAL, MARCH 9, 1936:

THERE WAS RECEIVED YOUR LETTER OF FEBRUARY 11, 1936, AS FOLLOWS:

INVITING ATTENTION TO PRIOR CORRESPONDENCE RELATIVE TO THE PROVISIONS OF THE FORTY HOUR WEEK LAW AS APPLIED TO RAILWAY POSTAL CLERKS, A DECISION IS REQUESTED ON THE FOLLOWING QUESTIONS:

WHERE A RAILWAY POSTAL CLERK WHOSE REGULAR ASSIGNMENT REQUIRES HIM TO BE ON DUTY IN A TERMINAL RAILWAY POST OFFICE FROM MONDAY TO FRIDAY OF EACH WEEK WITH SATURDAY AND SUNDAY AS THE DAYS OFF DUTY IS GRANTED LEAVE WITHOUT PAY FOR SEVERAL DAYS ENDING ON FRIDAY AND REPORTS FOR DUTY ON THE FOLLOWING MONDAY, IS HE ENTITLED TO PAY FOR THE SATURDAY FOLLOWING THE EXPIRATION OF THE PERIOD OF LEAVE WITHOUT PAY AND PRIOR TO HIS RETURN TO DUTY?

ARE RAILWAY POSTAL CLERKS ASSIGNED TO DUTY IN TERMINAL RAILWAY POST OFFICES AND TRANSFER OFFICES WHO ARE GRANTED LEAVE WITHOUT PAY FOR FRIDAY OR FOR ANY NUMBER OF DAYS LESS THAN FIVE ENDING WITH FRIDAY, AND WHO RETURN TO DUTY ON THE FOLLOWING MONDAY, ENTITLED TO PAY FOR THE INTERVENING SATURDAY?

IN COMPUTING LEAVE OF ABSENCE WITHOUT PAY FOR PER ANNUM POSTAL EMPLOYEES WORKING ON A 40-HOUR, 5-DAY-WEEK SCHEDULE UNDER THE PROVISIONS OF THE ACT OF AUGUST 14, 1935, 49 STAT. 650, SATURDAY, A NONWORK DAY, SHOULD BE REGARDED THE SAME AS SUNDAY HERETOFORE ON A 5 1/2-DAY WEEK BASIS. SEE QUESTION AND ANSWER 19, DECISION OF MAY 19, 1934, 13 COMP. GEN. 370.

IN DECISION OF JANUARY 24, 1934, 13 COMP. GEN. 206, IT WAS HELD AS FOLLOWS AT PAGE 207:

THE GENERAL RULE IS THAT EMPLOYEES ABSENT ON LEAVE WITHOUT PAY FOR A DEFINITE PERIOD WHICH HAS BEEN APPLIED FOR IN WRITING AND APPROVED BY THE PROPER ADMINISTRATIVE AUTHORITY, AND WHO REPORT FOR DUTY AT THE BEGINNING OF THE DUTY DAY NEXT FOLLOWING THE EXPIRATION OF SUCH DEFINITE PERIOD, ARE ENTITLED TO COMPENSATION FOR THE SUNDAYS AND HOLIDAYS OCCURRING BETWEEN THE EXPIRATION OF THE LEAVE GRANTED AND THE DAY OF ACTUAL REPORTING FOR DUTY. HOWEVER, THE EMPLOYEE IS NOT ENTITLED TO COMPENSATION FOR SUNDAYS AND HOLIDAYS OCCURRING WITHIN A DEFINITE PERIOD OF LEAVE OF ABSENCE WITHOUT PAY ADMINISTRATIVELY AUTHORIZED IN ADVANCE, EVEN THOUGH THE SUNDAY OR HOLIDAY OCCURS ON THE LAST DAY OF THE AUTHORIZED DEFINITE PERIOD OF LEAVE OF ABSENCE WITHOUT PAY AND THE EMPLOYEE REPORTS FOR DUTY AT THE BEGINNING OF THE DUTY DAY NEXT FOLLOWING THE EXPIRATION OF SUCH DEFINITE PERIOD.

SEE, ALSO, 13 COMP. GEN. 207.

IN THE ABSENCE OF ANY ADMINISTRATIVE REGULATION TO THE CONTRARY, ISSUED BY THE POST OFFICE DEPARTMENT, THE ABOVE STATED GENERAL RULE WOULD BE FOR APPLICATION TO BOTH CLASSES OF RAILWAY POSTAL CLERKS MENTIONED IN YOUR LETTER.