A-83624, FEBRUARY 24, 1937, 16 COMP. GEN. 785

A-83624: Feb 24, 1937

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IS AS FOLLOWS: IT IS REQUESTED THAT A DECISION BE RENDERED ANSWERING THE QUESTIONS STATED BELOW IN CONNECTION WITH THE ADMINISTRATION OF THE LEAVE ACTS OF MARCH 14. SEAMEN ON BOARD THE VESSELS OF THE BUREAU ARE REQUIRED TO BE PRESENT FOR DUTY AT ALL TIMES AND TO PERFORM SERVICE EVERY DAY IN THE YEAR. COMMUTED RATIONS ARE ALLOWED SEAMEN WHEN PHYSICALLY PRESENT ON BOARD. OR IS PLACED ON COMPULSORY FURLOUGH. SHALL DEDUCTION FROM PAY BE MADE FOR THE INTERVENING SUNDAY IF HE IS NOT PRESENT ON THAT DAY? OR IS PLACED ON COMPULSORY FURLOUGH. OR IS PLACED ON COMPULSORY FURLOUGH. OR IS PLACED ON COMPULSORY FURLOUGH. IT WAS HELD THAT MEMBERS OF CREWS OF THE UNITED STATES COAST AND GEODETIC SURVEY VESSELS ARE CIVIL EMPLOYEES WITHIN THE MEANING OF THE LEAVE ACTS OF MARCH 14.

A-83624, FEBRUARY 24, 1937, 16 COMP. GEN. 785

LEAVES OF ABSENCE - COAST AND GEODETIC SURVEY EMPLOYEES - PAY DEDUCTIONS FOR UNAUTHORIZED ABSENCES ON SUNDAY, A REGULAR-DUTY DAY IN THE GRANTING OF LEAVES OF ABSENCE, WITH OR WITHOUT PAY, TO SEAMEN ON BOARD VESSELS OF THE COAST AND GEODETIC SURVEY REQUIRED TO BE PRESENT FOR DUTY AT ALL TIMES, INCLUDING SUNDAYS AND HOLIDAYS, EXCEPT WHEN GIVEN LIBERTY OR OTHERWISE RELIEVED FROM DUTY, SUNDAY SHOULD BE REGARDED AS ANY OTHER DAY OF THE WEEK AND PAY DEDUCTION MADE FOR ANY UNAUTHORIZED ABSENCE ON THAT DAY, WHETHER FALLING BETWEEN DUTY OR LEAVE OF ABSENCE--- ANNUAL, SICK, WITHOUT PAY, OR COMPULSORY FURLOUGH--- ENDING ON SATURDAY AND LEAVE WITHOUT PAY, COMPULSORY FURLOUGH, OR RETURN TO DUTY ON MONDAY.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF COMMERCE, FEBRUARY 24, 1937:

YOUR LETTER OF FEBRUARY 4, 1937, IS AS FOLLOWS:

IT IS REQUESTED THAT A DECISION BE RENDERED ANSWERING THE QUESTIONS STATED BELOW IN CONNECTION WITH THE ADMINISTRATION OF THE LEAVE ACTS OF MARCH 14, 1936, AND EXECUTIVE ORDERS NOS. 7409 AND 7410, DATED JULY 9, 1936.

FOLLOWING THE UNCHALLENGED PRACTICE OF LONG STANDING IN THE COAST AND GEODETIC SURVEY, SEAMEN ON BOARD THE VESSELS OF THE BUREAU ARE REQUIRED TO BE PRESENT FOR DUTY AT ALL TIMES AND TO PERFORM SERVICE EVERY DAY IN THE YEAR, INCLUDING SUNDAYS AND HOLIDAYS, EXCEPT WHEN GIVEN LIBERTY OR OTHERWISE RELIEVED FROM DUTY, UNDER DULY RECOGNIZED AUTHORITY, AND COMMUTED RATIONS ARE ALLOWED SEAMEN WHEN PHYSICALLY PRESENT ON BOARD, IN ACCORDANCE WITH THE REGULATIONS OF THE BUREAU.

ACCORDINGLY THERE ARISES THE QUESTION OF WHETHER OR NOT DEDUCTIONS FROM PAY SHALL BE MADE UNDER CERTAIN CONDITIONS OF ABSENCE FROM DUTY INVOLVING SUNDAY AT THE BEGINNING, OR AT THE END OF LEAVE, WITH OR WITHOUT PAY.

QUESTION NO. 1.--- EMPLOYEE, PHYSICALLY ON DUTY SATURDAY, APPLIES FOR LEAVE WITHOUT PAY, OR IS PLACED ON COMPULSORY FURLOUGH, BEGINNING THE FOLLOWING MONDAY. SHALL DEDUCTION FROM PAY BE MADE FOR THE INTERVENING SUNDAY IF HE IS NOT PRESENT ON THAT DAY?

QUESTION NO. 2.--- EMPLOYEE, ABSENT ON GRANTED ANNUAL LEAVE ENDING AT THE CLOSE OF SATURDAY, APPLIES FOR LEAVE WITHOUT PAY, OR IS PLACED ON COMPULSORY FURLOUGH, BEGINNING MONDAY. SHALL DEDUCTION FROM PAY BE MADE FOR THE INTERVENING SUNDAY?

QUESTION NO. 3.--- EMPLOYEE, ABSENT ON ACCOUNT OF ILLNESS ON SATURDAY, APPLIES FOR LEAVE WITHOUT PAY, OR IS PLACED ON COMPULSORY FURLOUGH, BEGINNING THE FOLLOWING MONDAY. SHALL DEDUCTION FROM PAY BE MADE FOR INTERVENING SUNDAY?

QUESTION NO. 4.--- EMPLOYEE, ABSENT ON GRANTED LEAVE WITHOUT PAY, OR IS PLACED ON COMPULSORY FURLOUGH, ENDING CLOSE OF SATURDAY, RETURNS TO SHIP ON MONDAY. SHALL DEDUCTION FROM PAY BE MADE FOR SUNDAY INTERVENING?

IN DECISION OF SEPTEMBER 23, 1936, 16 COMP. GEN. 304, IT WAS HELD THAT MEMBERS OF CREWS OF THE UNITED STATES COAST AND GEODETIC SURVEY VESSELS ARE CIVIL EMPLOYEES WITHIN THE MEANING OF THE LEAVE ACTS OF MARCH 14, 1936, 49 STAT. 1161 AND 1162, AND THE UNIFORM REGULATIONS PROMULGATED BY THE PRESIDENT IN EXECUTIVE ORDERS NOS. 7409 AND 7410, DATED JULY 9, 1936. THESE ACTS AND THE REGULATIONS ISSUED THEREUNDER, WHILE CONTROLLING THE GRANTING OF ANNUAL AND SICK LEAVES OF ABSENCE WITH PAY, DO NOT COVER SITUATIONS INVOLVING LEAVE WITHOUT PAY AND ACCORDINGLY DO NOT OPERATE TO MODIFY THE GENERAL RULES FOR COMPUTING DEDUCTIONS FROM COMPENSATION FOR LEAVE OF ABSENCE WITHOUT PAY.

THE GENERAL RULE IS THAT AN EMPLOYEE WHO HAS BEEN GRANTED LEAVE WITHOUT PAY FOR A DEFINITE PERIOD MAY BE PRESUMED TO HOLD HIMSELF IN READINESS TO PERFORM SERVICE, IF REQUIRED, AFTER THE TERMINATION OF THE AUTHORIZED LEAVE WITHOUT PAY, AND DOES NOT FORFEIT PAY FOR A SUNDAY OR HOLIDAY OCCURRING AFTER THE TERMINATION OF THE AUTHORIZED PERIOD OF ABSENCE WITHOUT PAY IF HE REPORTS FOR DUTY THE FIRST DUTY DAY THEREAFTER; BUT THAT AN EMPLOYEE NOT IN A STATUS ENTITLING HIM TO LEAVE WITH PAY WHO ABSENTS HIMSELF FROM DUTY WITHOUT PRIOR AUTHORITY, REMAINS IN A NON-PAY STATUS, INCLUDING SUNDAYS AND HOLIDAYS, UNTIL ACTUALLY REPORTING FOR DUTY. SEE 9 COMP. GEN. 350, 11 ID. 119; 13 ID. 206; ID. 207.

THESE RULES HAVE BEEN STATED WITH PARTICULAR REFERENCE TO EMPLOYEES WHO ARE NOT ORDINARILY REQUIRED TO WORK ON SUNDAYS AND HOLIDAYS, I.E., WHERE SUCH DAYS ARE NOT WITHIN THE USUAL TOUR OF DUTY. IT IS UNDERSTOOD, HOWEVER, THAT SUNDAY IS A REGULAR DUTY DAY FOR THE PERSONNEL MENTIONED IN YOUR LETTER. IF SO, SUNDAY SHOULD BE REGARDED THE SAME AS ANY OTHER DAY OF THE WEEK IN GRANTING LEAVE WITH OR WITHOUT PAY. SEE 16 COMP. GEN. 581.

YOU ARE ADVISED, THEREFORE, THAT UNLESS THE EMPLOYEES IN QUESTION HAVE BEEN GRANTED LIBERTY OR OTHERWISE RELIEVED FROM DUTY ON SUNDAY, ALL FOUR QUESTIONS PRESENTED MUST BE ANSWERED IN THE AFFIRMATIVE.