A-83766, MARCH 3, 1937, 16 COMP. GEN. 807

A-83766: Mar 3, 1937

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IS NOT ENTITLED TO COMPENSATION FOR ANY OF THESE DAYS. IS AS FOLLOWS: YOUR OPINION AS TO THE INTERPRETATION OF THE LAW APPLICABLE TO THE FOLLOWING STATEMENT OF FACTS WOULD BE APPRECIATED: IN THE ABSENCE OF ANY ADMINISTRATIVE ACTION TO PENALIZE OR DISCIPLINE THE EMPLOYEE. WHAT IS THE PAY STATUS ON NOVEMBER 26 (THANKSGIVING DAY). OF A CIVIL SERVICE PROBATION APPOINTEE WHO IS ABSENT ON ANNUAL LEAVE (SUBSEQUENTLY ADMINISTRATIVELY AUTHORIZED) ON NOVEMBER 25 AND PRIOR THERETO AND WHO RETURNS TO DUTY NOVEMBER 30 (MONDAY) AT 9 A.M. IS THAT EMPLOYEES ABSENT ON LEAVE WITHOUT PAY GRANTED IN ADVANCE FOR A DEFINITE PERIOD AND WHO REPORT FOR DUTY AT THE BEGINNING OF THE DUTY DAY NEXT FOLLOWING THE EXPIRATION OF SUCH DEFINITE PERIOD.

A-83766, MARCH 3, 1937, 16 COMP. GEN. 807

COMPENSATION - SATURDAYS, SUNDAYS, AND HOLIDAYS INCLUDED IN PERIOD OF LEAVE WITHOUT PAY AN EMPLOYEE WHO ABSENTS HIMSELF FOR A PERIOD INCLUDING SATURDAY, SUNDAY AND A HOLIDAY WITHOUT OBTAINING APPROPRIATE PRIOR AUTHORIZATION, AFTER AUTHORIZED LEAVE OF ABSENCE FOR THE PERIOD IMMEDIATELY PRIOR THERETO, IS NOT ENTITLED TO COMPENSATION FOR ANY OF THESE DAYS, NOTWITHSTANDING HE RETURNED TO DUTY AT THE REGULAR HOUR OF COMMENCING DUTY ON THE FIRST DUTY DAY THEREAFTER.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE CHAIRMAN, FEDERAL POWER COMMISSION, MARCH 3, 1937:

YOUR LETTER OF FEBRUARY 10, 1937, IS AS FOLLOWS:

YOUR OPINION AS TO THE INTERPRETATION OF THE LAW APPLICABLE TO THE FOLLOWING STATEMENT OF FACTS WOULD BE APPRECIATED:

IN THE ABSENCE OF ANY ADMINISTRATIVE ACTION TO PENALIZE OR DISCIPLINE THE EMPLOYEE, WHAT IS THE PAY STATUS ON NOVEMBER 26 (THANKSGIVING DAY), 27, 28 (SATURDAY), AND 29 (SUNDAY), 1936, OF A CIVIL SERVICE PROBATION APPOINTEE WHO IS ABSENT ON ANNUAL LEAVE (SUBSEQUENTLY ADMINISTRATIVELY AUTHORIZED) ON NOVEMBER 25 AND PRIOR THERETO AND WHO RETURNS TO DUTY NOVEMBER 30 (MONDAY) AT 9 A.M. (THE REGULAR HOUR OF COMMENCING DUTY ON MONDAY MORNING), NO AUTHORIZATION FOR LEAVE OF ANY KIND HAVING AT ANY TIME BEEN REQUESTED OR GRANTED AS TO NOVEMBER 26-29, INCLUSIVE. FURTHER, THE EMPLOYEE HAD EXHAUSTED HIS EARNED ANNUAL AND SICK LEAVE THROUGH NOVEMBER 25.

NEITHER THE UNIFORM LEAVE ACT OF MARCH 14, 1936, 49 STAT. 1161, NOR THE REGULATIONS ISSUED IN PURSUANCE THEREOF (EXECUTIVE ORDER NO. 7409 DATED JULY 9, 1936), PRESCRIBES ANY RULE FOR APPLYING IN THE CASE OF LEAVE WITHOUT PAY--- WHETHER OR NOT SUCH LEAVE BE AUTHORIZED IN ADVANCE. THE GENERAL RULE, HOWEVER, IS THAT EMPLOYEES ABSENT ON LEAVE WITHOUT PAY GRANTED IN ADVANCE FOR A DEFINITE PERIOD AND WHO REPORT FOR DUTY AT THE BEGINNING OF THE DUTY DAY NEXT FOLLOWING THE EXPIRATION OF SUCH DEFINITE PERIOD, ARE ENTITLED TO COMPENSATION FOR THE SUNDAYS AND HOLIDAYS OCCURRING BETWEEN THE EXPIRATION OF THE LEAVE GRANTED AND THE DAY OF ACTUAL REPORTING FOR DUTY, 13 COMP. GEN. 206; BUT IT HAS BEEN HELD IN THIS CONNECTION THAT COMPENSATION FOR SUCH SUNDAYS AND HOLIDAYS MAY BE DENIED BY ADMINISTRATIVE REGULATION GOVERNING THE GRANTING OF LEAVE OF ABSENCE WITHOUT PAY APPLICABLE TO ALL EMPLOYEES OF A DEPARTMENT, 13 COMP. GEN. 207.

WHERE, HOWEVER, THE LEAVE WITHOUT PAY IS TAKEN WITHOUT OBTAINING APPROPRIATE AUTHORIZATION PRIOR TO THE TAKING OF SUCH LEAVE, THE ESTABLISHED RULE IS THAT, IN THE ABSENCE OF A STATUTE SPECIFICALLY PROVIDING OTHERWISE, THE EMPLOYEE IS CONSIDERED IN A NON-PAY STATUS FOR THE ENTIRE PERIOD DURING WHICH HE ABSENTS HIMSELF FROM DUTY, AND IN SUCH CASES DEDUCTION OF PAY IS REQUIRED FOR ALL DAYS COMING WITHIN THAT PERIOD, INCLUDING SUNDAYS AND HOLIDAYS IRRESPECTIVE OF WHETHER OCCURRING IMMEDIATELY PRIOR TO THE DAY ON WHICH THE EMPLOYEE REPORTS FOR DUTY. CF. A-83276, FEBRUARY 17, 1937, TO THE UNITED STATES CIVIL SERVICE COMMISSION, 16 COMP. GEN. 769.

IT IS UNDERSTOOD THAT IN THE CASE HERE PRESENTED THERE WAS NO ADVANCE APPROVAL OF LEAVE WITHOUT PAY FOR THE PERIOD ENDING NOVEMBER 25, OR FOR THE PERIOD, NOVEMBER 26-29, INCLUSIVE. IN SUCH CIRCUMSTANCES, THE RULE LAST STATED IS FOR APPLICATION, AND DEDUCTION OF PAY WOULD BE REQUIRED FOR 4 FULL DAYS.