A-75707, JULY 16, 1936, 16 COMP. GEN. 33

A-75707: Jul 16, 1936

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DECISION IS REQUESTED AS TO WHETHER OR NOT SICK LEAVE CAN BE GRANTED IN ADVANCE BEYOND THAT WHICH COULD BE EARNED TO 6 30-37. THE RECORDS OF THIS OFFICE SHOW THAT THE EMPLOYEE WAS PAID FOR THE FULL MONTH OF APRIL. EMERGENCY EMPLOYEES HAVE BEEN HELD TO POSSESS A STATUS ENTITLING THEM TO LEAVE PRIVILEGES APPERTAINING TO PERMANENT EMPLOYEES AS DISTINGUISHED FROM TEMPORARY EMPLOYEES. SUCH MAXIMUM OF 22 1/2 DAYS' SICK LEAVE WOULD HAVE BEEN EXHAUSTED ON THURSDAY. ASSUMING THAT SUCH MAXIMUM LEAVE WAS PROPERLY FOR GRANTING UNDER ADMINISTRATIVE REGULATIONS. THE QUESTION PRESENTED IS ANSWERED ACCORDINGLY. AS THIS OFFICE IS NOT ADVICED REGARDING THE AMOUNT OF ANNUAL LEAVE TO THE CREDIT OF THE EMPLOYEE AND THE MAXIMUM LEAVE ALLOWABLE UNDER ADMINISTRATIVE REGULATIONS.

A-75707, JULY 16, 1936, 16 COMP. GEN. 33

LEAVES OF ABSENCE - SICK - ACT, MARCH 14, 1936 EMERGENCY EMPLOYEES MAY NOT BE ADVANCED SICK LEAVE UNDER THE ACT OF MARCH 14, 1936, 49 STAT. 1162, AND THE UNIFORM SICK LEAVE REGULATIONS PRESCRIBED BY EXECUTIVE ORDER NO. 7049, DATED JULY 9, 1936, PURSUANT TO SAID ACT, IN EXCESS OF THE AMOUNT THAT WOULD ACCRUE TO DATE FIXED AS THE TERMINATION OF THEIR EMERGENCY POSITIONS.

DECISION BY ACTING COMPTROLLER GENERAL ELLIOTT, JULY 16, 1936:

THE NATIONAL RESOURCES COMMITTEE HAS FORWARDED TO THIS OFFICE FOR PREAUDIT PAY-ROLL VOUCHER ADMINISTRATIVELY APPROVED IN FAVOR OF ALICE C. MCGRAIL, STENOGRAPHER, FOR $67.50, COMPENSATION AT THE RATE OF $1,620 PER ANNUM COVERING PERIOD MAY 1 TO 15, 1936, WITH THE FOLLOWING NOTATION IN THE "REMARKS" COLUMN:

THIS EMPLOYEE HAS BEEN ON SICK LEAVE DURING 1936 AS FOLLOWS: JAN. 9, JAN. 22 THRU 25, FEB. 24, MAR. 2 1/2 DAY, MAR. 3 AND 4, APR. 1 THRU MAY 3. SINCE ALL APPOINTMENTS WITH THIS COMMITTEE TERMINATE AT CLOSE OF BUSINESS 6-30-1937, DECISION IS REQUESTED AS TO WHETHER OR NOT SICK LEAVE CAN BE GRANTED IN ADVANCE BEYOND THAT WHICH COULD BE EARNED TO 6 30-37. IF 30 DAYS' SICK LEAVE CAN BE GRANTED IN EXCESS OF AMOUNT EARNED TO 4-1-36, SHE CAN BE PAID FOR SICK LEAVE TO 4-26-36, INC., AND FOR ANNUAL LEAVE FROM APR. 27 TO MAY 3, LEAVING 4 9/14 DAYS ANNUAL LEAVE TO HER CREDIT, COUNTING ANNUAL LEAVE EARNED TO 5-1-1936.

THE RECORDS OF THIS OFFICE SHOW THAT THE EMPLOYEE WAS PAID FOR THE FULL MONTH OF APRIL--- THE PAY-ROLLS BEARING NO NOTATION AS TO ANY ABSENCE FROM DUTY DURING THAT PERIOD.

SECTIONS 2 AND 3 OF THE ACT OF MARCH 14, 1936, 49 STAT. 1162, PROVIDE AS FOLLOWS:

SEC. 2. ON AND AFTER JANUARY 1, 1936, CUMULATIVE SICK LEAVE WITH PAY, AT THE RATE OF ONE AND ONE-QUARTER DAYS PER MONTH, SHALL BE GRANTED TO ALL CIVILIAN OFFICERS AND EMPLOYEES, THE TOTAL ACCUMULATION NOT TO EXCEED NINETY DAYS. TEMPORARY EMPLOYEES, EXCEPT TEMPORARY EMPLOYEES ENGAGED ON CONSTRUCTION WORK AT HOURLY RATES, SHALL BE ENTITLED TO ONE AND ONE- QUARTER DAYS' SICK LEAVE FOR EACH MONTH OF SERVICE: PROVIDED, THAT ALL SUCH EMPLOYEES SHALL FURNISH CERTIFICATES SATISFACTORY TO THE HEAD OF THE APPROPRIATE DEPARTMENT OR INDEPENDENT ESTABLISHMENT.

SEC. 3. ADMINISTRATIVE OFFICERS MAY ADVANCE 30 DAYS' SICK LEAVE WITH PAY BEYOND ACCRUED SICK LEAVE IN CASES OF SERIOUS DISABILITY OR AILMENTS AND WHEN REQUIRED BY THE EXIGENCIES OF THE SITUATION.

EMERGENCY EMPLOYEES HAVE BEEN HELD TO POSSESS A STATUS ENTITLING THEM TO LEAVE PRIVILEGES APPERTAINING TO PERMANENT EMPLOYEES AS DISTINGUISHED FROM TEMPORARY EMPLOYEES, WITHIN THE MEANING OF THE LEAVE LAWS. 13 COMP. GEN. 460. EMERGENCY EMPLOYEES MAY NOT BE ADVANCED SICK LEAVE IN EXCESS OF THE AMOUNT THAT WOULD ACCRUE TO DATE FIXED AS THE TERMINATION OF THEIR EMERGENCY APPOINTMENTS--- IN THIS CASE JUNE 30, 1937. SEE SECTION 5 OF THE UNIFORM SICK LEAVE REGULATIONS PRESCRIBED BY EXECUTIVE ORDER NO. 7409, DATED JULY 9, 1936. HENCE FOR THE PERIOD JANUARY 1, 1936, TO JUNE 30, 1937 (18 MONTHS), THE MAXIMUM CUMULATIVE SICK LEAVE WHICH COULD BE GRANTED IN THIS CASE UNDER THE ACT WOULD BE 22 1/2 DAYS (18 TIMES 1 1/4 DAYS) AND ON THE BASIS OF THE FACTS STATED ON THE PAY-ROLL SHOWING THE AMOUNT OF SICK LEAVE TAKEN BY THIS EMPLOYEE SINCE JANUARY 1, 1936, SUCH MAXIMUM OF 22 1/2 DAYS' SICK LEAVE WOULD HAVE BEEN EXHAUSTED ON THURSDAY, APRIL 14. ASSUMING THAT SUCH MAXIMUM LEAVE WAS PROPERLY FOR GRANTING UNDER ADMINISTRATIVE REGULATIONS, ANY FURTHER ABSENCE WOULD CONSTITUTE A CHARGE AGAINST HER ANNUAL LEAVE CREDIT AND/OR LEAVE OF ABSENCE WITHOUT PAY, AS THE CASE MIGHT BE.

THE QUESTION PRESENTED IS ANSWERED ACCORDINGLY. AS THIS OFFICE IS NOT ADVICED REGARDING THE AMOUNT OF ANNUAL LEAVE TO THE CREDIT OF THE EMPLOYEE AND THE MAXIMUM LEAVE ALLOWABLE UNDER ADMINISTRATIVE REGULATIONS, THE VOUCHER MAY NOT BE CERTIFIED FOR PAYMENT AS SUBMITTED.