A-82036, DECEMBER 7, 1936, 16 COMP. GEN. 561

A-82036: Dec 7, 1936

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IF ALL THE TERMS AND CONDITIONS OF SECTION 3 OF SAID REGULATIONS WERE MET. PROVIDED THERE HAD NOT BEEN THREE ADVANCES PREVIOUSLY MADE IN THE CALENDAR YEAR 1936 AND THE EMPLOYEE WAS NOT IN A NONPAY STATUS IMMEDIATELY PRECEDING SAID FIRST DAYS OF THE MONTH. THE PROBLEM IS: IF SICK LEAVE IN ADDITION TO THE UNUSED SICK LEAVE THAT HAS ACCUMULATED TO THE CREDIT OF AN EMPLOYEE IS ADVANCED AT A GIVEN TIME. UNDER WHAT CONDITIONS MAY THE EMPLOYEE BE GRANTED ADDITIONAL SICK LEAVE BEFORE THE ADVANCE IS LIQUIDATED BY SUBSEQUENTLY ACCUMULATING EAVE? WILL BE APPRECIATED IF YOU WILL ANSWER THIS QUESTION SO AS TO MAKE CLEAR THE PROPER APPLICATION OF THE REGULATIONS TO THE ILLUSTRATIONS SET FORTH BELOW: (1) IF AN EMPLOYEE ON JUNE 1.

A-82036, DECEMBER 7, 1936, 16 COMP. GEN. 561

LEAVES OF ABSENCE - SICK - CURRENT GRANTS AND ADVANCES FOLLOWING ADVANCE OF 30 DAYS A GOVERNMENT EMPLOYEE ADVANCED SICK LEAVE OF 30 DAYS ON JUNE 1, 1936, IN ADDITION TO SICK LEAVE PREVIOUSLY ACCRUED, MAY NOT, UNDER THE GENERAL PROVISIONS OF THE PRESIDENT'S UNIFORM SICK-LEAVE REGULATIONS OF JULY 9, 1936, BE GRANTED CURRENT SICK LEAVE UNTIL JULY 1, 1938, BUT IF ALL THE TERMS AND CONDITIONS OF SECTION 3 OF SAID REGULATIONS WERE MET, THERE WOULD BE FOR ADVANCING 1 1/4 DAYS' SICK LEAVE ON AUGUST 1, 1936, AND 1 1/4 DAYS ADDITIONAL ON THE FIRST DAY OF EACH SUCCEEDING MONTH, PROVIDED THERE HAD NOT BEEN THREE ADVANCES PREVIOUSLY MADE IN THE CALENDAR YEAR 1936 AND THE EMPLOYEE WAS NOT IN A NONPAY STATUS IMMEDIATELY PRECEDING SAID FIRST DAYS OF THE MONTH.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF STATE, DECEMBER 7, 1936:

YOUR LETTER OF NOVEMBER 30, 1936, SUBMITS FOR DECISION A MATTER THEREIN STATED AS FOLLOWS:

IN ADMINISTERING SICK LEAVE IN THE DEPARTMENT OF STATE QUESTION HAS ARISEN AS TO THE CONSTRUCTION OF SECTION 3 OF EXECUTIVE ORDER NO. 7410, DATED JULY 9, 1936, WHICH READS AS FOLLOWS:

"SEC. 3. IN CASES OF SERIOUS DISABILITY OR AILMENTS, AND WHEN THE EXIGENCIES OF THE SITUATION SO REQUIRE, SICK LEAVE MAY BE ADVANCED NOT IN EXCESS OF 30 DAYS IN ADDITION TO THE UNUSED SICK LEAVE THAT HAS ACCUMULATED TO THE CREDIT OF EMPLOYEES: PROVIDED, THAT SUCH ADVANCES SHALL NOT BE MADE TO ANY EMPLOYEE MORE THAN 3 TIMES DURING ANY ONE CALENDAR YEAR; THAT EVERY CASE OF ADVANCED LEAVE SHALL BE SUPPORTED BY THE CERTIFICATE OF A REGISTERED PRACTICING PHYSICIAN OR OTHER PRACTITIONER; THAT THE TOTAL OF SUCH ADVANCES SHALL NOT EXCEED AT ANY TIME 30 DAYS BEYOND THE ACCUMULATED SICK LEAVE; AND THAT SUCH ADVANCES SHALL BE CHARGED AGAINST SICK LEAVE SUBSEQUENTLY ACCUMULATING.'

THE PROBLEM IS: IF SICK LEAVE IN ADDITION TO THE UNUSED SICK LEAVE THAT HAS ACCUMULATED TO THE CREDIT OF AN EMPLOYEE IS ADVANCED AT A GIVEN TIME, UNDER WHAT CONDITIONS MAY THE EMPLOYEE BE GRANTED ADDITIONAL SICK LEAVE BEFORE THE ADVANCE IS LIQUIDATED BY SUBSEQUENTLY ACCUMULATING EAVE? WILL BE APPRECIATED IF YOU WILL ANSWER THIS QUESTION SO AS TO MAKE CLEAR THE PROPER APPLICATION OF THE REGULATIONS TO THE ILLUSTRATIONS SET FORTH BELOW:

(1) IF AN EMPLOYEE ON JUNE 1, 1936, WAS GRANTED 30 DAYS ADVANCE SICK LEAVE IN ADDITION TO AN ACCUMULATION OF 7 1/2 DAYS, WHEN WOULD HE AGAIN BECOME ELIGIBLE FOR SICK LEAVE UNDER THE GENERAL PROVISIONS OF THE UNIFORM REGULATIONS (OTHER THAN SECTION 3/?

(2) IF AN EMPLOYEE ON JUNE 1, 1936, WAS GRANTED 30 DAYS ADVANCE SICK LEAVE IN ADDITION TO AN ACCUMULATION OF 7 1/2 DAYS, WHEN WOULD HE AGAIN BECOME ELIGIBLE FOR SICK LEAVE BY ADVANCE UNDER THE PROVISIONS OF SECTION 3 OF THE UNIFORM REGULATIONS?

THE DEPARTMENT WILL APPRECIATE AN EARLY REPLY.

THE LAST CLAUSE OF THE QUOTED SICK-LEAVE REGULATION PROVIDES "THAT SUCH ADVANCE SHALL BE CHARGED AGAINST SICK LEAVE SUBSEQUENTLY ACCUMULATING.' HENCE, ANY ADVANCE OF SICK LEAVE MUST BE ABSORBED BY THE SICK LEAVE THEREAFTER ACCRUING. THE REGULATION PLACES TWO LIMITATIONS ON THE ADVANCE OF SICK LEAVE, (1) NOT TO EXCEED THREE ADVANCES DURING ANY ONE CALENDAR YEAR, REGARDLESS OF THE AMOUNT, AND (2) NOT TO EXCEED AT ANY TIME AN AGGREGATE OF 30 DAYS BEYOND ACCUMULATED SICK LEAVE.

ANSWER TO QUESTION (1). THE EMPLOYEE REFERRED TO IN THIS PARTICULAR SUBMISSION MAY NOT BE GRANTED CURRENT SICK LEAVE UNDER THE GENERAL PROVISIONS OF THE REGULATIONS (OTHER THAN SEC. 3) UNTIL JULY 1, 1938, BECAUSE THE ENTIRE 30 DAYS' SICK LEAVE ACCUMULATING DURING THE PERIOD JULY 1, 1936, TO JUNE 30, 1938, INCLUSIVE, WOULD HAVE TO BE APPLIED TO THE 30 DAYS ADVANCED TO HIM.

ANSWER TO QUESTION (2). IF ALL THE TERMS AND CONDITIONS OF SECTION 3 OF THE REGULATIONS WERE MET, THERE WOULD HAVE BEEN FOR ADVANCING SICK LEAVE NOT IN EXCESS OF 1 1/4 DAYS ON AUGUST 1, 1936, OR 2 1/2 DAYS ON SEPTEMBER 1, 1936, OR 3 3/4 DAYS ON OCTOBER 1, 1936, OR 5 DAYS ON NOVEMBER 1, 1936, ETC., PROVIDED THERE HAD NOT BEEN THREE ADVANCES PREVIOUSLY MADE DURING THE CALENDAR YEAR 1936 AND THE EMPLOYEE WAS NOT IN A NONPAY STATUS IMMEDIATELY PRECEDING THE SAID DATES RESPECTIVELY-- SECTION 16 OF THE SICK -LEAVE REGULATIONS.