A-8394, MARCH 16, 1925, 4 COMP. GEN. 772

A-8394: Mar 16, 1925

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RELATIVE TO SICK LEAVE FOR EMPLOYEES OF THE POSTAL SERVICE IS EFFECTIVE FROM FEBRUARY 28. 1925: I HAVE YOUR LETTER OF MARCH 6. WHICH IS AS FOLLOWS: SEC. 11. THE GENERAL RULE IS THAT A STATUTE BECOMES EFFECTIVE ON THE DATE ON WHICH IT BECOMES A LAW. IS MADE EFFECTIVE ON AND AFTER JANUARY 1. THERE IS NO SUCH PROVISION WITH REFERENCE TO SECTION 11. IT MUST BE HELD THAT SECTION 11 IS EFFECTIVE FROM FEBRUARY 28. HAS BEEN REMOVED IN THE PRESENT LAW AND ALSO THE LIMITATION TO THE GRANTING OF NOT MORE THAN 30 DAYS' SICK LEAVE WITH PAY DURING ANY THREE CONSECUTIVE YEARS IS NOW MODIFIED TO LIMIT THE GRANTING OF NOT MORE THAN 30 DAYS' SICK LEAVE DURING ANY ONE FISCAL YEAR. WHICH WAS AVAILABLE ON FEBRUARY 28.

A-8394, MARCH 16, 1925, 4 COMP. GEN. 772

POSTAL SERVICE EMPLOYEES - SICK LEAVE - ACT OF FEBRUARY 28, 1925 THE PROVISION IN SECTION 11 OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1064, RELATIVE TO SICK LEAVE FOR EMPLOYEES OF THE POSTAL SERVICE IS EFFECTIVE FROM FEBRUARY 28, 1925, THE DATE OF THE ACT, BUT UNUSED BALANCES OF ACCRUED SICK LEAVE DUE SUCH EMPLOYEES FROM THE FISCAL YEARS 1923 AND 1924 SHOULD BE CREDITED TO THEM.

COMPTROLLER GENERAL MCCARL TO THE POSTMASTER GENERAL, MARCH 16, 1925:

I HAVE YOUR LETTER OF MARCH 6, 1925, REQUESTING DECISION AS TO THE DATE FROM WHICH CUMULATIVE SICK LEAVE DUE EMPLOYEES OF THE POSTAL SERVICE SHOULD BE RECKONED, AND WHETHER UNUSED BALANCES OF ACCRUED LEAVE SHOULD BE CREDITED TO SUCH EMPLOYEES, AND IF SO, FROM WHAT DATE IT SHOULD BE COMPUTED.

THE QUESTIONS ARISE UNDER THE PROVISION IN SECTION 11 OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1064, WHICH IS AS FOLLOWS:

SEC. 11. EMPLOYEES IN THE POSTAL SERVICE SHALL BE GRANTED * * * SICK LEAVE WITH PAY AT THE RATE OF TEN DAYS A YEAR, EXCLUSIVE OF SUNDAYS AND HOLIDAYS, TO BE CUMULATIVE, BUT NO SICK LEAVE WITH PAY IN EXCESS OF THIRTY DAYS SHALL BE GRANTED DURING ANY ONE FISCAL YEAR * * *.

THE GENERAL RULE IS THAT A STATUTE BECOMES EFFECTIVE ON THE DATE ON WHICH IT BECOMES A LAW, IN THE ABSENCE OF A CLEARLY EXPRESSED INTENT TO MAKE IT EFFECTIVE ON SOME OTHER DATE. SEE 26 COMP. DEC. 604. A PART OF THE ACT OF FEBRUARY 28, 1925, IS MADE EFFECTIVE ON AND AFTER JANUARY 1, 1925, BY A SPECIAL PROVISION IN THE ACT TO THAT EFFECT. THERE IS NO SUCH PROVISION WITH REFERENCE TO SECTION 11; THEREFORE, UNDER THE GENERAL RULE STATED ABOVE, IT MUST BE HELD THAT SECTION 11 IS EFFECTIVE FROM FEBRUARY 28, 1925, AND CUMULATIVE SICK LEAVE DUE EMPLOYEES OF THE POSTAL SERVICE SHOULD BE RECKONED FROM SAID DATE.

THE RESTRICTION LIMITING CUMULATION OF SICK LEAVE TO THREE YEARS WHICH APPEARED IN THE ACT OF JUNE 5, 1920, AS AMENDED BY THE ACT OF JUNE 19, 1922, 42 STAT. 660, HAS BEEN REMOVED IN THE PRESENT LAW AND ALSO THE LIMITATION TO THE GRANTING OF NOT MORE THAN 30 DAYS' SICK LEAVE WITH PAY DURING ANY THREE CONSECUTIVE YEARS IS NOW MODIFIED TO LIMIT THE GRANTING OF NOT MORE THAN 30 DAYS' SICK LEAVE DURING ANY ONE FISCAL YEAR.

SINCE THE RESTRICTION ON CUMULATION OF SICK LEAVE HAS BEEN REMOVED POSTAL SERVICE EMPLOYEES SHOULD BE CREDITED WITH THE UNUSED ACCRUED SICK LEAVE, IF ANY, WHICH WAS AVAILABLE ON FEBRUARY 28, 1925, UNDER THE FORMER LAW; THAT IS TO SAY, WITH THE UNUSED PORTION, IF ANY, OF THE 10 DAYS WHICH ACCRUED DURING EACH OF THE FISCAL YEARS 1923 AND 1924. SEE 3 COMP. GEN. 20. SICK LEAVE THAT HAD LAPSED UNDER THE LAW IN FORCE PRIOR TO FEBRUARY 28, 1925, IS NOT REVIVED BY THE ACT OF SAID DATE.