A-93516, MAY 2, 1938, 17 COMP. GEN. 895

A-93516: May 2, 1938

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IS FOR COMPUTING ON THE BASIS USED FOR COMPUTING LEAVE WITHOUT PAY AUTHORIZED IN ADVANCE. WHERE EMPLOYEE IS IN A NONPAY STATUS AT THE CLOSE OF BUSINESS THEREON. IS AS FOLLOWS: THE COMMISSION HAS RECEIVED THE INCLOSED PREAUDIT DIFFERENCE STATEMENT FROM THE AUDIT DIVISION. IT DEVELOPED THAT HIS LEAVE ACCOUNT WAS OVERDRAWN. THAT THESE SATURDAYS FELL WITHIN THE VARIOUS DATES FOR WHICH PAYMENT FOR UNACCRUED LEAVE WAS MADE. WHICH WORKING DAY IS LIMITED BY STATUTE TO FOUR HOURS. GEN. 119 APPEAR TO BE AT VARIANCE UNLESS A DISTINCTION IS TO BE MADE BETWEEN PERMANENT AND TEMPORARY EMPLOYEES. IN THE CASE OF A PERMANENT EMPLOYEE WHOSE WORK DAY ON SATURDAY IS FROM 9:00 TO 1:00. WHO IS ON LEAVE WITHOUT PAY FROM 12:00 TO 1:00.

A-93516, MAY 2, 1938, 17 COMP. GEN. 895

LEAVES OF ABSENCE - ANNUAL AND SICK - ACTS, MARCH 14, 1936 - CHARGES FOR EXCESS - SATURDAYS, SUNDAYS, AND HOLIDAYS THE AMOUNT TO BE CHARGED EMPLOYEES FOR OVERDRAWN ANNUAL AND SICK LEAVE TAKEN PRIOR TO JANUARY 1, 1938--- EFFECTIVE DATE OF NEW LEAVE REGULATIONS- -- IS FOR COMPUTING ON THE BASIS USED FOR COMPUTING LEAVE WITHOUT PAY AUTHORIZED IN ADVANCE, ABSENCE DURING THE FOUR HOURS OF WORK ON SATURDAY TO BE COMPUTED AS A FULL DAY'S ABSENCE; ABSENCE FOR A PART OF SATURDAY, WHERE EMPLOYEE IS IN A NONPAY STATUS AT THE CLOSE OF BUSINESS THEREON, TO BE COMPUTED ON THE BASIS OF A REGULAR WORKING DAY; AND CHARGES TO BE MADE FOR SUNDAYS AND HOLIDAYS WITHIN A PERIOD OF LEAVE BUT NOT FOR SUNDAYS AND HOLIDAYS BETWEEN THE EXPIRATION OF LEAVE GRANTED AND THE DAY OF REPORTING FOR DUTY, IF THE EMPLOYEE RETURNS TO DUTY ON THE FIRST SUCCEEDING WORK DAY, BUT WITH RESPECT TO CHARGES FOR OVERDRAWN LEAVE TAKEN AFTER DECEMBER 31, 1937, SEE SECTION 4 (B) OF THE ANNUAL LEAVE REGULATIONS AND SECTION 11 OF THE SICK LEAVE REGULATIONS EFFECTIVE JANUARY 1, 1938. 17 COMP. GEN. 14, DISTINGUISHED.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE PRESIDENT, UNITED STATES CIVIL SERVICE COMMISSION, MAY 2, 1938:

YOUR LETTER OF MARCH 17, 1938, IS AS FOLLOWS:

THE COMMISSION HAS RECEIVED THE INCLOSED PREAUDIT DIFFERENCE STATEMENT FROM THE AUDIT DIVISION, GENERAL ACCOUNTING OFFICE, INVOLVING THE PROPER CHARGE FOR OVERDRAWN ANNUAL LEAVE AGAINST THE REFUND OF RETIREMENT DEDUCTIONS IN THE CASE OF A FORMER EMPLOYEE OF THE GOVERNMENT.

THE DEPARTMENTAL REPORT IN THIS CASE SHOWS THAT THE FORMER EMPLOYEE HAD BEEN GRANTED CERTAIN LEAVE WITH PAY ON FOUR SATURDAYS. UPON SEPARATION, IT DEVELOPED THAT HIS LEAVE ACCOUNT WAS OVERDRAWN, AND THAT THESE SATURDAYS FELL WITHIN THE VARIOUS DATES FOR WHICH PAYMENT FOR UNACCRUED LEAVE WAS MADE. IN FILING CLAIM AGAINST THE EMPLOYEE'S RETIREMENT DEDUCTIONS ON ACCOUNT OF SUCH UNEARNED LEAVE, THE QUESTION ARISES AS TO THE PROPER CHARGE FOR PORTIONS OF A SATURDAY, WHICH WORKING DAY IS LIMITED BY STATUTE TO FOUR HOURS.

YOUR DECISION OF JULY 9, 1937, A-84992, AND THE RULING REPORTED IN 11 COMP. GEN. 119 APPEAR TO BE AT VARIANCE UNLESS A DISTINCTION IS TO BE MADE BETWEEN PERMANENT AND TEMPORARY EMPLOYEES. IN THE CASE OF A PERMANENT EMPLOYEE WHOSE WORK DAY ON SATURDAY IS FROM 9:00 TO 1:00, THEREFORE, WHO IS ON LEAVE WITHOUT PAY FROM 12:00 TO 1:00, SHOULD THE CHARGE BE 1/4 OR 4/7 OF A DAY'S PAY? IF THE FORMER, THE SAME RULE WOULD, OF COURSE, BE APPLICABLE REGARDLESS OF WHEN THE LEAVE WAS TAKEN ON THE SATURDAY. CASE THE LATTER IS CORRECT, HOWEVER, A DIFFERENT CHARGE WOULD APPEAR WARRANTED IF LEAVE WAS FROM 12:00 TO 1:00 THAN IF TAKEN FROM 9:00 TO 10:00.

IN THE PARTICULAR CASE PRESENTED, THE EMPLOYEE WAS ON LEAVE FROM 11:05 TO 1:00 ON SATURDAY, JUNE 26, 1937; 12:30 TO 1:00 ON JULY 10; 9:00 TO 9:15 ON JULY 17; AND FROM 11:15 TO 1:00ON JULY 31 OF THE SAME YEAR. THE POINT INVOLVED IS WHAT PORTION OF A DAY'S PAY SHOULD BE WITHHELD FOR EACH ABSENCE.

YOUR DECISION ON THIS POINT IS RESPECTFULLY REQUESTED WITH THE RETURN OF THE INCLOSURE.

THE AUDIT ACTION IN THIS CASE, INVOLVING LEAVE TAKEN PRIOR TO JANUARY 1, 1938, IN EXCESS OF THE AMOUNT EARNED WAS IN ACCORDANCE WITH THE RULE STATED IN DECISION OF FEBRUARY 17, 1937, 16 COMP. GEN. 769, THE SYLLABUS OF WHICH IS AS FOLLOWS:

THE AMOUNT TO BE DEDUCTED FROM A FORMER EMPLOYEE'S CREDIT IN THE RETIREMENT FUND, BECAUSE OF UNEARNED OR EXCESS ANNUAL OR SICK LEAVE, IS FOR COMPUTING UPON THE SAME BASIS AS THAT USED IN CONNECTION WITH LEAVE WITHOUT PAY WHICH HAS BEEN AUTHORIZED IN ADVANCE. SATURDAY SHOULD BE COMPUTED AS A FULL DAY'S ABSENCE, NOT FOUR HOURS, A DEDUCTION SHOULD BE MADE FOR SUNDAYS AND HOLIDAYS FALLING WITHIN A PERIOD OF LEAVE, BUT NOT FOR SUNDAYS AND HOLIDAYS OCCURRING BETWEEN THE EXPIRATION OF THE LEAVE GRANTED AND THE DAY OF REPORTING FOR DUTY IF THE EMPLOYEE RETURNS TO DUTY ON THE FIRST SUCCEEDING WORK DAY. 16 COMP. GEN. 487, AMPLIFIED.

IN DECISION OF SEPTEMBER 29, 1931, 11 COMP. GEN. 119, IT WAS HELD THAT (QUOTING FROM THE SYLLABUS/---

AN EMPLOYEE IN A PAY STATUS PART OF A SATURDAY BUT IN A NONPAY STATUS AT THE CLOSE OF BUSINESS ON SUCH DAY GENERALLY SHOULD BE GIVEN NO BENEFIT OF THE SHORTER DAY, PAY FOR A PORTION OF THE DAY WORKED TO BE COMPUTED ON THE BASIS OF A REGULAR WORKING DAY.

UNDER THESE RULES WHICH WERE IN FORCE WHEN THE EXCESS LEAVE HERE INVOLVED WAS TAKEN, THE CORRECT CHARGE AGAINST THE EMPLOYEE FOR THE FOUR SATURDAYS IN QUESTION ON WHICH LEAVE WAS OVERDRAWN IS AS FOLLOWS:

JUNE 26, 1937, 4 HOURS 55 MINUTES.

JULY 10, 1937, 3 HOURS 30 MINUTES.

JULY 17, 1937, 15 MINUTES.

JULY 31, 1937, 4 HOURS 45 MINUTES.

THE RULE STATED IN THE DECISION OF JULY 9, 1937, A-84992 (17 COMP. GEN. 14) TO WHICH YOU REFER, RELATED TO CHARGING LEAVE CURRENTLY TAKEN ON SATURDAYS BY TEMPORARY EMPLOYEES WHICH HAS NO APPLICATION IN THIS CASE.

THE ABOVE STATED RULES FOR COMPUTING THE AMOUNT TO BE CHARGED AGAINST EMPLOYEES FOR OVERDRAWN ANNUAL AND SICK LEAVE ARE FOR APPLICATION WITH RESPECT TO ALL SUCH OVERDRAWN LEAVE TAKEN PRIOR TO JANUARY 1, 1938. WITH RESPECT TO CHARGES FOR OVERDRAWN LEAVE TAKEN AFTER DECEMBER 31, 1937, SEE SECTION 4 (B) OF THE NEW ANNUAL LEAVE REGULATIONS AND SECTION 11 OF THE NEW SICK LEAVE REGULATIONS.