A-77885, JULY 30, 1936, 16 COMP. GEN. 89

A-77885: Jul 30, 1936

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WHO WAS ABSENT FOR TWO DAYS ON ACCOUNT OF SICKNESS BETWEEN JANUARY 1. 1936: REFERENCE IS HAD TO YOUR LETTER OF JULY 1. WAS ABSENT FROM DUTY FOR TWO DAYS ON ACCOUNT OF ILLNESS. THE EMPLOYEE WAS GIVEN AN APPOINTMENT FOR THE PERIOD OF THE EMERGENCY. A DEDUCTION FOR THOSE DAYS DURING WHICH HE HAD BEEN ABSENT WAS MADE BY OUR PAYROLL UNIT FROM THE SALARY CHECK DUE SUCH EMPLOYEE FOR THE PAY PERIOD EXTENDING FROM MARCH 16. YOUR OPINION IS REQUESTED AS TO WHETHER THE EMPLOYEE REFERRED TO ABOVE MAY BE REIMBURSED FOR THE AMOUNT DEDUCTED FROM HIS SALARY FOR THE TWO DAYS DURING WHICH HE WAS ABSENT FROM DUTY ON ACCOUNT OF ILLNESS. YOUR OPINION IS ALSO REQUESTED ON THE FOLLOWING MATTERS WITH REFERENCE TO TEMPORARY EMPLOYEES.

A-77885, JULY 30, 1936, 16 COMP. GEN. 89

LEAVES OF ABSENCE - SICK - ACT, MARCH 14, 1936 - SUBSTITUTION FOR LEAVE WITHOUT PAY UNDER THE ACT OF MARCH 14, 1936, 49 STAT. 1162, SICK LEAVE OF ABSENCE MAY BE SUBSTITUTED FOR LEAVE WITHOUT PAY, AND COMPENSATION PREVIOUSLY WITHHELD THEREFOR PAID, IN THE CASE OF A TEMPORARY EMPLOYEE NOT ENGAGED ON CONSTRUCTION WORK AT HOURLY RATES, WHO WAS ABSENT FOR TWO DAYS ON ACCOUNT OF SICKNESS BETWEEN JANUARY 1, 1936, AND THE DATE OF THE ACT, THE SICK LEAVE ACCUMULATED FROM JANUARY 1, 1936, TO DATE OF RETURN TO DUTY FOLLOWING THE PERIOD OF ABSENCE BEING SUFFICIENT FOR SAID PURPOSE.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE ADMINISTRATOR, RESETTLEMENT ADMINISTRATION, JULY 30, 1936:

REFERENCE IS HAD TO YOUR LETTER OF JULY 1, 1936, AS FOLLOWS:

DURING FEBRUARY 1936, A TEMPORARY EMPLOYEE OF THE RESETTLEMENT ADMINISTRATION, NOT ENGAGED IN CONSTRUCTION WORK AT HOURLY RATES, WAS ABSENT FROM DUTY FOR TWO DAYS ON ACCOUNT OF ILLNESS, AND PRESENTED SATISFACTORY CERTIFICATE. ON MARCH 26, 1936, THE EMPLOYEE WAS GIVEN AN APPOINTMENT FOR THE PERIOD OF THE EMERGENCY. A DEDUCTION FOR THOSE DAYS DURING WHICH HE HAD BEEN ABSENT WAS MADE BY OUR PAYROLL UNIT FROM THE SALARY CHECK DUE SUCH EMPLOYEE FOR THE PAY PERIOD EXTENDING FROM MARCH 16, 1936, TO MARCH 31, 1936, AFTER THE ENACTMENT OF THE NEW LEAVE BILLS.

SECTION 2 OF PUBLIC, NO. 472, 74TH CONGRESS, APPROVED MARCH 14, 1936, PROVIDES AS FOLLOWS:

"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.'

YOUR OPINION IS REQUESTED AS TO WHETHER THE EMPLOYEE REFERRED TO ABOVE MAY BE REIMBURSED FOR THE AMOUNT DEDUCTED FROM HIS SALARY FOR THE TWO DAYS DURING WHICH HE WAS ABSENT FROM DUTY ON ACCOUNT OF ILLNESS.

YOUR OPINION IS ALSO REQUESTED ON THE FOLLOWING MATTERS WITH REFERENCE TO TEMPORARY EMPLOYEES, EXCEPT THOSE ENGAGED ON CONSTRUCTION WORK AT HOURLY RATES:

(1) MAY THE SICK LEAVE WITH PAY GRANTED TO SUCH EMPLOYEES BE ACCUMULATED, PROVIDED THAT THEY FURNISH, WHEN ABSENT FROM DUTY BECAUSE OF ILLNESS, SATISFACTORY CERTIFICATES?

(2) MAY SUCH EMPLOYEES BE ADVANCED THIRTY DAYS' SICK LEAVE WITH PAY BEYOND ACCRUED SICK LEAVE IN CASES OF SERIOUS DISABILITY OR ILLNESS AND WHEN REQUIRED BY THE EXIGENCIES OF THE SITUATION?

(3) MAY THE ANNUAL LEAVE WITH PAY GRANTED TO SUCH EMPLOYEES BE ACCUMULATED?

IN 15 COMP. GEN. 866, IT WAS HELD AS FOLLOWS, QUOTING FROM THE SECOND PARAGRAPH OF THE YLLABUS:

UNDER THE ACT OF MARCH 14, 1936 (49 STAT. 1162), SICK LEAVE OF ABSENCE MAY BE SUBSTITUTED FOR LEAVE WITHOUT PAY OR ANNUAL LEAVE TAKEN BY GOVERNMENT PRINTING OFFICE EMPLOYEES BECAUSE OF SICKNESS BETWEEN JANUARY 1 AND MARCH 14, 1936, ONLY TO THE EXTENT OF SICK LEAVE ACCUMULATED FROM JANUARY 1, 1936, TO DATE OF RETURN TO DUTY FOLLOWING THE PERIOD OF ABSENCE AT THE RATE OF 1 1/4 DAYS PER MONTH.

UNDER THE RULING THE EMPLOYEE REFERRED TO MAY BE REIMBURSED FOR THE AMOUNT DEDUCTED FROM HIS SALARY FOR THE 2 DAYS DURING WHICH HE WAS ABSENT FROM DUTY ON ACCOUNT OF SICKNESS BY CHARGING HIS ACCRUED SICK LEAVE CREDIT WITH 2 DAYS.

THE QUESTIONS NUMBERED 1 AND 2, REGARDING SICK LEAVE TO TEMPORARY EMPLOYEES, ARE ANSWERED BY SECTION 17 OF THE REGULATIONS PRESCRIBED BY EXECUTIVE ORDER NO. 7410, WHILE QUESTION 3, REGARDING ANNUAL LEAVE, IS ANSWERED BY SECTION 15 OF THE REGULATIONS PRESCRIBED BY EXECUTIVE ORDER NO. 7409.