A-80454, SEPTEMBER 23, 1936, 16 COMP. GEN. 304

A-80454: Sep 23, 1936

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ARE SUPERSEDED BY THE PROVISIONS OF SAID ACT. SUCH MEMBERS ARE THEREAFTER ENTITLED TO SICK LEAVE AS PROVIDED BY SAID ACT. AS FOLLOWS: A DECISION IS RESPECTFULLY REQUESTED AS TO THE AMOUNT OF SICK LEAVE. YOU STATED: "THE CLAIMANT WAS EMPLOYED UNDER SHIPPING ARTICLES ADAPTED TO THE UNITED STATES COAST AND GEODETIC SURVEY SERVICE IN FORM SIMILAR TO THAT PRESCRIBED FOR MERCHANT SEAMEN BY SECTION 4612. - WHEN A MAN IS TRANSFERRED TO A HOSPITAL HIS ACCOUNTS. SHALL BE RETAINED ON BOARD THE VESSEL TO WHICH HE IS ATTACHED. HE SHALL CONTINUE TO HOLD THE RATING IN WHICH HE WAS SERVING UNTIL HIS DISCHARGE FROM THE HOSPITAL TO DUTY. YOUR DECISION STATED: "THE PROVISIONS HEREINBEFORE QUOTED APPEAR TO HAVE BEEN MADE WITH A VIEW TO EQUALIZING THE CONDITIONS OF SUCH SERVICE WITH THAT OF MERCHANT SEAMEN AND IN ACCORDANCE WITH THE LAWS AND USAGES OF THE SEA SERVICE AND ARE NOT UNREASONABLE NOR IN CONFLICT WITH LAW AND THE PAYMENT OF WAGES TO THE MEMBERS OF SUCH CREWS WHILE IN HOSPITALS BY REASON OF SICKNESS OR INJURY.

A-80454, SEPTEMBER 23, 1936, 16 COMP. GEN. 304

LEAVES OF ABSENCE - SICK - ACT, MARCH 14, 1936 - CREWS OF COAST AND GEODETIC SURVEY VESSELS REGULATIONS IN FORCE PRIOR TO THE ACT OF MARCH 14, 1936, 49 STAT. 1162, PROVIDING FOR PAYMENT OF WAGES TO MEMBERS OF THE CREWS OF UNITED STATES COAST AND GEODETIC SURVEY VESSELS WHILE IN HOSPITAL BY REASON OF SICKNESS OR INJURY NOT TO EXCEED 60 DAYS, ARE SUPERSEDED BY THE PROVISIONS OF SAID ACT, STANDARDIZING SICK LEAVE, AND EXECUTIVE ORDER OF JULY 9, 1936, ISSUED THEREUNDER, AND SUCH MEMBERS ARE THEREAFTER ENTITLED TO SICK LEAVE AS PROVIDED BY SAID ACT, AND EXECUTIVE ORDER, IN PLACE OF, BUT NOT IN ADDITION TO, THAT AUTHORIZED BY SAID REGULATIONS.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF COMMERCE, SEPTEMBER 23, 1936:

CONSIDERATION HAS BEEN GIVEN YOUR LETTER OF SEPTEMBER 4, 1936, AS FOLLOWS:

A DECISION IS RESPECTFULLY REQUESTED AS TO THE AMOUNT OF SICK LEAVE, AND PAY WHILE UNDERGOING TREATMENT IN U.S. PUBLIC HEALTH SERVICE HOSPITALS, TO WHICH ENLISTED MEMBERS OF THE CREWS OF THE U.S. COAST AND GEODETIC SURVEY VESSELS MAY BE ENTITLED, UNDER THE REGULATIONS OF THE U.S. COAST AND GEODETIC SURVEY AND UNDER THE "ACT TO STANDARDIZE SICK LEAVE AND EXTEND IT TO ALL CIVILIAN EMPLOYEES," APPROVED MARCH 14, 1936 (PUBLIC, NO. 472, 74TH CONGRESS) (H.R. 8459).

IN YOUR DECISION 5 COMP. GEN. 7 OF JULY 7, 1925 (A-7683), YOU STATED:

"THE CLAIMANT WAS EMPLOYED UNDER SHIPPING ARTICLES ADAPTED TO THE UNITED STATES COAST AND GEODETIC SURVEY SERVICE IN FORM SIMILAR TO THAT PRESCRIBED FOR MERCHANT SEAMEN BY SECTION 4612, REVISED STATUTES.

"REGULATIONS FOR THE COAST AND GEODETIC SURVEY, MADE A PART OF THE SHIPPING ARTICLES, PROVIDE:

"PARAGRAPH 97. STATUS OF MEN IN HOSPITAL.--- WHEN A MAN IS TRANSFERRED TO A HOSPITAL HIS ACCOUNTS, UNLESS OTHERWISE ORDERED, SHALL BE RETAINED ON BOARD THE VESSEL TO WHICH HE IS ATTACHED, AND HE SHALL CONTINUE TO HOLD THE RATING IN WHICH HE WAS SERVING UNTIL HIS DISCHARGE FROM THE HOSPITAL TO DUTY, OR UNTIL HIS DISCHARGE FROM THE SERVICE ON THE EXPIRATION OF HIS TERM.

"PARAGRAPH 98. PAY AND RATIONS IN HOSPITAL.--- THE RATION OF A MEMBER OF A CREW SHALL CEASE WHEN HE ENTERS A HOSPITAL, AND HIS PAY SHALL BE STOPPED AT THE EXPIRATION OF 60 CALENDAR DAYS, OR UPON HIS DISCHARGE FROM THE HOSPITAL, NOT TO DUTY, OR AT THE EXPIRATION OF THE TERM FOR WHICH HE SHIPPED, IF EITHER OF THE LATTER OCCURS BEFORE THE EXPIRATION OF 60 CALENDAR DAYS.'

WITH REFERENCE TO THESE, YOUR DECISION STATED:

"THE PROVISIONS HEREINBEFORE QUOTED APPEAR TO HAVE BEEN MADE WITH A VIEW TO EQUALIZING THE CONDITIONS OF SUCH SERVICE WITH THAT OF MERCHANT SEAMEN AND IN ACCORDANCE WITH THE LAWS AND USAGES OF THE SEA SERVICE AND ARE NOT UNREASONABLE NOR IN CONFLICT WITH LAW AND THE PAYMENT OF WAGES TO THE MEMBERS OF SUCH CREWS WHILE IN HOSPITALS BY REASON OF SICKNESS OR INJURY, AS PRESCRIBED BY SECTION 98 OF THESE REGULATIONS, WOULD APPEAR TO BE AUTHORIZED.'

IN YOUR DECISION OF MAY 11, 1935 (A-61579), IT WAS STATED AS FOLLOWS:

"BY THE ACT OF FEBRUARY 26, 1931, 46 STAT. 1421, IT WAS PROVIDED:

"THAT THE SECRETARY OF COMMERCE IS AUTHORIZED, IN HIS DISCRETION, TO CONTINUE THE SYSTEM OF PAY AND ALLOWANCES, INCLUDING ALLOWANCES FOR LONGEVITY, FOR OFFICERS AND MEN ON VESSELS OF THE DEPARTMENT OF COMMERCE, THAT WAS IN OPERATION AS OF JULY 1, 1929, UNTIL SUCH TIME AS LEGISLATION SHALL BE ENACTED PURSUANT TO SECTION 2 OF THE ACT APPROVED MAY 28, 1928 (45 STAT. 785), OR SIMILAR LEGISLATION AFFECTING THE CLASSIFICATION OF VESSEL EMPLOYEES IN THE FIELD SERVICE OF THE GOVERNMENT.'

THIS ENACTMENT GAVE THE THEN EXISTING REGULATIONS THE FORCE AND EFFECT OF STATUTE.

THE "ACT TO STANDARDIZE SICK LEAVE AND EXTEND IT TO ALL CIVILIAN EMPLOYEES," PUBLIC, NO. 472, 74TH CONGRESS (H.R. 8459) APPROVED MARCH 14, 1936, PROVIDES:

"THAT AFTER JANUARY 1, 1936, ----- ALL CIVILIAN OFFICERS AND EMPLOYEES OF THE UNITED STATES WHEREVER STATIONED ----- SHALL BE ENTITLED TO SICK LEAVE WITH PAY REGARDLESS OF THEIR TENURE, AS DESCRIBED HEREIN.

"SEC. 7. THE LEAVE OF ABSENCE HEREIN PROVIDED FOR SHALL BE ADMINISTERED UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, SO AS TO OBTAIN, SO FAR AS PRACTICABLE, UNIFORMITY IN THE APPLICATION OF THIS ACT.'

EXECUTIVE ORDER NO. 7410, DATED JULY 9, 1936, PRESCRIBED REGULATIONS RELATING TO SICK LEAVE OF GOVERNMENT EMPLOYEES, AND UNDER SECTION 23 PROVIDES:

"ALL SUCH TEMPORARY REGULATIONS AND ALL OTHER REGULATIONS RELATING TO THE GRANTING OF SICK LEAVE ARE HEREBY REVOKED IN SO FAR AS THEY ARE INCONSISTENT WITH THESE REGULATIONS.'

YOUR DECISION IS REQUESTED AS TO THE FOLLOWING POINTS:

1. WHETHER THE REGULATIONS FOR THE U.S. COAST AND GEODETIC SURVEY, PARAGRAPH 98, PROVIDING FOR PAYMENT OF WAGES TO MEMBERS OF THE CREWS WHILE IN HOSPITALS BY REASON OF SICKNESS OR INJURY TO AN AMOUNT NOT TO EXCEED 60 DAYS, STILL CONTINUE IN EFFECT OR ARE SUPERSEDED BY THE PROVISIONS OF THE ACT TO STANDARDIZE SICK LEAVE BY EXECUTIVE ORDER NO. 7410.

2. WHETHER MEMBERS OF CREWS OF THE VESSELS ARE ENTITLED TO SICK LEAVE IN ACCORDANCE WITH THE ABOVE MENTIONED ACT AND EXECUTIVE ORDER IN ADDITION TO OR IN THE PLACE OF THE PROVISIONS OF U.S. COAST AND GEODETIC SURVEY REGULATIONS, PARAGRAPH 98, PREVIOUSLY QUOTED.

ALTHOUGH IT IS A PRACTICE TO REFER TO THE MEMBERS OF THE CREWS OF THE UNITED STATES COAST AND GEODETIC SURVEY VESSELS AS ENLISTED MEMBERS, THEY ARE IN FACT CIVIL EMPLOYEES OF THE UNITED STATES GOVERNMENT, AND AS SUCH THEY ARE ENTITLED TO SICK LEAVE WITH PAY UNDER THE TERMS AND SUBJECT TO THE CONDITIONS SET FORTH IN THE ACT OF MARCH 14, 1936, 49 STAT. 1162, AND EXECUTIVE ORDER NO. 7410, WHICH EXTEND TO "ALL CIVILIAN OFFICERS AND EMPLOYEES OF THE UNITED STATES WHEREVER STATIONED * * * REGARDLESS OF THEIR TENURE.' THEREFORE, IN ANSWER TO THE QUESTION NUMBERED 1, YOU ARE ADVISED THAT THE PROVISIONS CONTAINED IN PARAGRAPH 98 (NOW CONTAINED IN PAR. 100), REGULATIONS FOR THE UNITED STATES COAST AND GEODETIC SURVEY, PROVIDING FOR PAYMENT OF WAGES TO MEMBERS OF THE CREWS WHILE IN HOSPITAL BY REASON OF SICKNESS OR INJURY NOT TO EXCEED 60 DAYS, ARE SUPERSEDED BY THE PROVISIONS OF THE ACT TO STANDARDIZE SICK LEAVE AND THE EXECUTIVE ORDER.

IN ANSWER TO QUESTION 2, YOU ARE ADVISED THE SICK-LEAVE PROVISIONS CONTAINED IN THE STANDARD SICK LEAVE ACT AND THE EXECUTION ORDER ARE IN PLACE OF AND NOT IN ADDITION TO THE PROVISIONS CONTAINED IN THE REGULATIONS OF THE UNITED STATES COAST AND GEODETIC SURVEY RELATIVE TO THIS MATTER.