A-74583, JUNE 3, 1936, 15 COMP. GEN. 1048

A-74583: Jun 3, 1936

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ON DAYS ON WHICH THE YARD WAS NOT CLOSED. COMPENSATION MAY NOT BE WITHHELD FOR SUCH DAYS BECAUSE THE EMPLOYEES HAVE NO ACCRUED LEAVE TO THEIR CREDIT. 13 COMP. IT IS STATED THAT "THE WASHINGTON NAVY YARD WAS NOT CLOSED ON MARCH 19 AND 20. CERTAIN EMPLOYEES WERE SENT HOME AT NOON. IT FURTHER APPEARS THAT THE EMPLOYEES HAVE BEEN OR WILL BE CHARGED "WITH ANNUAL LEAVE IF ACCRUED OR LEAVE WITHOUT PAY IF NONE WAS DUE. IN WHICH IT WAS HELD AS FOLLOWS. AT PAGE 280: * * * DEDUCTION IS NOT REQUIRED FROM PER ANNUM EMPLOYEES FOR DAYS ON WHICH NO SERVICES ARE RENDERED DUE TO THE CLOSING OF THE OFFICE. FOR THE SATURDAYS ON WHICH THEY ARE PRECLUDED FROM WORKING SOLELY BECAUSE OF THE CLOSING OF THE YARDS. * * * IN DECISION A-71140.

A-74583, JUNE 3, 1936, 15 COMP. GEN. 1048

COMPENSATION AND LEAVES OF ABSENCE - PER ANNUM EMPLOYEES - RELEASE FROM WORK DUE TO ACT OF GOD PER ANNUM EMPLOYEES OF THE WASHINGTON NAVY YARD RELEASED FROM WORK, DUE TO AN ACT OF GOD, ON DAYS ON WHICH THE YARD WAS NOT CLOSED, MAY BE CHARGED WITH ANNUAL LEAVE, IN THE DISCRETION OF THE ADMINISTRATIVE OFFICE, FOR THE PERIOD OF SUCH ABSENCE, BUT COMPENSATION MAY NOT BE WITHHELD FOR SUCH DAYS BECAUSE THE EMPLOYEES HAVE NO ACCRUED LEAVE TO THEIR CREDIT. 13 COMP. GEN. 277 AND 15 ID. 911, AMPLIFIED.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, JUNE 3, 1936:

CONSIDERATION HAS BEEN GIVEN YOUR LETTER OF APRIL 20, 1936, REQUESTING DECISION WHETHER THE ABSENCE OF PER-ANNUM EMPLOYEES IN GROUP IV (B) OF THE DEPARTMENT OF CONSTRUCTION AND REPAIR, WASHINGTON NAVY YARD, ON MARCH 19 AND 20, 1936, DUE TO FLOOD CONDITIONS, SHOULD BE CHARGED TO ANNUAL LEAVE TO THEIR CREDIT.

IT IS STATED THAT "THE WASHINGTON NAVY YARD WAS NOT CLOSED ON MARCH 19 AND 20, 1936, BUT CERTAIN EMPLOYEES WERE SENT HOME AT NOON, MARCH 19, 1936, UNTIL MIDNIGHT, MARCH 22, 1936, AS THEY COULD NOT WORK DUE TO FLOOD CONDITIONS IN THE NAVY YARD.' IT FURTHER APPEARS THAT THE EMPLOYEES HAVE BEEN OR WILL BE CHARGED "WITH ANNUAL LEAVE IF ACCRUED OR LEAVE WITHOUT PAY IF NONE WAS DUE," AND THE QUESTION HAS BEEN RAISED AS TO THE APPLICABILITY TO THE INSTANT SITUATION OF THE DECISION OF THIS OFFICE DATED APRIL 12, 1934, A-54807, REPORTED IN 13 COMP. GEN. 277, IN WHICH IT WAS HELD AS FOLLOWS, AT PAGE 280:

* * * DEDUCTION IS NOT REQUIRED FROM PER ANNUM EMPLOYEES FOR DAYS ON WHICH NO SERVICES ARE RENDERED DUE TO THE CLOSING OF THE OFFICE, PLANT, OR ESTABLISHMENT FOR ADMINISTRATIVE REASONS. HENCE, IF IT BE DETERMINED ADMINISTRATIVELY TO CLOSE THE NAVY YARDS ON SATURDAY TO COMPLY WITH SAID SECTION 23 OF THE ACT OF MARCH 28, 1934, NO DEDUCTION NEED BE MADE FROM THE PER ANNUM COMPENSATION OF THOSE ADMINISTRATIVE EMPLOYEES AT THE YARDS IN GROUP 4-B, OR OTHER ADMINISTRATIVE EMPLOYEES NOT SUBJECT TO THE 40-HOUR -WEEK PROVISION, FOR THE SATURDAYS ON WHICH THEY ARE PRECLUDED FROM WORKING SOLELY BECAUSE OF THE CLOSING OF THE YARDS. * * *

IN DECISION A-71140, DATED APRIL 15, 1936, 15 COMP. GEN. 911, INVOLVING THE APPLICABILITY OF THE DECISION, SUPRA, TO THE CLOSING OF EDGEWOOD ARSENAL ON NOVEMBER 29, 1933, APPARENTLY BECAUSE THE DAY FOLLOWED THANKSGIVING DAY AND PRECEDED A SATURDAY, NONWORK DAYS, IT WAS HELD WITH RESPECT TO SAID DECISION THAT:

THE RULE THUS STATED IS APPLICABLE REGARDLESS OF THE ADMINISTRATIVE REASON OR PURPOSE IN CLOSING. IT IS WITHIN ADMINISTRATIVE DISCRETION TO CHARGE PER ANNUM EMPLOYEES WITH LEAVE OF ABSENCE FOR DAYS ON WHICH THE OFFICE OR PLANT IS CLOSED FOR ADMINISTRATIVE REASONS, BUT THE COMPENSATION OF PER ANNUM EMPLOYEES WHO HAVE NO ACCRUED LEAVE TO THEIR CREDIT MAY NOT BE WITHHELD FOR SUCH DAYS.

THE RULE STATED IN THE DECISIONS, SUPRA, IS APPLICABLE WHETHER AN ENTIRE OFFICE, PLANT, OR ESTABLISHMENT, OR ONLY A PORTION THEREOF, IS CLOSED, EITHER FOR ADMINISTRATIVE REASONS OR BECAUSE OF AN ACT OF GOD, SUCH AS FLOOD CONDITIONS, OVER WHICH THE EMPLOYEES HAD NO CONTROL.

YOU ARE ADVISED, THEREFORE, THAT THE REFERRED-TO RULE IS APPLICABLE IN THE INSTANT MATTER TO AUTHORIZE THE ADMINISTRATIVE OFFICE, WITHIN ITS DISCRETION, TO CHARGE THE ABSENCE OF PER ANNUM EMPLOYEES IN QUESTION TO ANY ANNUAL LEAVE TO THEIR CREDIT BUT THAT NO DEDUCTION FROM THEIR COMPENSATION IS AUTHORIZED BY REASON THEREOF.