A-94677, MAY 6, 1938, 17 COMP. GEN. 924

A-94677: May 6, 1938

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WHOSE REGULAR TOUR OF DUTY IS MONDAY TO FRIDAY. WHOSE REGULAR TOUR OF DUTY IS MONDAY TO FRIDAY. REGARDLESS OF THE REASON OR PURPOSE FOR WHICH LEAVE WITHOUT PAY IS GRANTED OR TAKEN. IS AS FOLLOWS: YOUR DECISION IS REQUESTED REGARDING THE FOLLOWING QUESTIONS WHICH HAVE ARISEN IN CONNECTION WITH THE ADMINISTRATION OF THE LEAVE ACTS OF MARCH 14. 1938: (1) WHEN PER-DIEM AND PER-HOUR EMPLOYEES ARE EMPLOYED ON THE BASIS OF A FIVE-DAY WORK WEEK UNDER THE PROVISIONS OF THE ACT OF MARCH 28. IT IS NECESSARY TO MAKE A CHARGE AGAINST THEIR SICK LEAVE ALLOWANCE FOR SATURDAYS AND SUNDAYS OCCURRING WITHIN A PERIOD OF SICK LEAVES? " SECTION 12 OF THE REGULATIONS NOW IN FORCE MAKES NO MENTION OF DAYS ON WHICH THESE EMPLOYEES ARE IN A NONPAY STATUS. (2) SHOULD EMPLOYEES MENTIONED IN QUESTION (1) ABOVE BE CHARGED ANNUAL LEAVE FOR ANY PART OF SATURDAY WHEN IT IS INCLUDED WITHIN A PERIOD OF ANNUAL LEAVE.

A-94677, MAY 6, 1938, 17 COMP. GEN. 924

LEAVES OF ABSENCE - ANNUAL AND SICK - ACTS, MARCH 14, 1936 - CHARGES TO 40-HOUR-WEEK EMPLOYEES FOR SATURDAYS AND SUNDAYS, AND LEAVE ACCRUAL WHILE ON LEAVE WITHOUT PAY PER-DIEM AND PER-HOUR EMPLOYEES ON A 40-HOUR, 5-DAY WEEK UNDER THE PROVISIONS OF THE ACT OF MARCH 28, 1934, 48 STAT. 509, WHOSE REGULAR TOUR OF DUTY IS MONDAY TO FRIDAY, INCLUSIVE, AND WHO RECEIVE NO PAY FOR SATURDAYS AND SUNDAYS, SHOULD BE CHARGED UNDER THE UNIFORM SICK LEAVE REGULATIONS EFFECTIVE JANUARY 1, 1938, WITH SICK LEAVE FOR ALL CALENDAR DAYS, INCLUDING SATURDAYS AND SUNDAYS, WITHIN A PERIOD OF SUCH LEAVE. SATURDAY, A NONWORK DAY, OCCURRING WITHIN A PERIOD OF ANNUAL LEAVE OF PER -DIEM OR PER-HOUR EMPLOYEES ON A 40-HOUR, 5-DAY WEEK UNDER THE PROVISIONS OF THE ACT OF MARCH 28, 1934, 48 STAT. 509, WHOSE REGULAR TOUR OF DUTY IS MONDAY TO FRIDAY, INCLUSIVE, SHOULD BE CHARGED UNDER THE UNIFORM ANNUAL LEAVE REGULATIONS EFFECTIVE JANUARY 1, 1938, AGAINST ANNUAL LEAVE AS 1 DAY, NOT 4 HOURS, IT HAVING BEEN HELD THAT THE SATURDAY HALF-HOLIDAY LAW HAS NO APPLICATION TO EMPLOYEES ON A 40-HOUR, 5-DAY WEEK. SECTION 9 OF THE UNIFORM ANNUAL LEAVE REGULATIONS EFFECTIVE JANUARY 1, 1938, PROVIDING THAT EMPLOYEES SHALL CONTINUE TO EARN LEAVE WHILE ABSENT ON LEAVE WITHOUT PAY DUE TO INJURY RECEIVED IN LINE OF DUTY, AND WHILE BEING PAID BY THE EMPLOYEES' COMPENSATION COMMISSION, DOES NOT AUTHORIZE THE ACCUMULATION OF SICK LEAVE DURING SUCH PERIOD, AND REGARDLESS OF THE REASON OR PURPOSE FOR WHICH LEAVE WITHOUT PAY IS GRANTED OR TAKEN, THE RULES IN SECTION 10 OF THE UNIFORM SICK LEAVE REGULATIONS EFFECTIVE JANUARY 1, 1938, APPLY TO THE ACCRUAL OF SICK LEAVE.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF WAR, MAY 6, 1938:

YOUR LETTER OF APRIL 30, 1938, IS AS FOLLOWS:

YOUR DECISION IS REQUESTED REGARDING THE FOLLOWING QUESTIONS WHICH HAVE ARISEN IN CONNECTION WITH THE ADMINISTRATION OF THE LEAVE ACTS OF MARCH 14, 1936, AND REGULATIONS PROMULGATED BY EXECUTIVE ORDERS NOS. 7845 AND 7846 DATED MARCH 21, 1938:

(1) WHEN PER-DIEM AND PER-HOUR EMPLOYEES ARE EMPLOYED ON THE BASIS OF A FIVE-DAY WORK WEEK UNDER THE PROVISIONS OF THE ACT OF MARCH 28, 1934 (48 STAT. 509), FROM MONDAY TO FRIDAY, INCLUSIVE, AND RECEIVE NO PAY FOR SATURDAY AND SUNDAY, IT IS NECESSARY TO MAKE A CHARGE AGAINST THEIR SICK LEAVE ALLOWANCE FOR SATURDAYS AND SUNDAYS OCCURRING WITHIN A PERIOD OF SICK LEAVES? WHILE SECTION 11 OF THE REGULATIONS PROMULGATED BY EXECUTIVE ORDER NO. 7410 OF JULY 9, 1936, PROVIDED THAT "FOR SUCH DAYS AS PER-DIEM AND PER-HOUR EMPLOYEES WOULD NOT BE IN A PAY STATUS, NO SICK LEAVE SHALL BE CHARGED," SECTION 12 OF THE REGULATIONS NOW IN FORCE MAKES NO MENTION OF DAYS ON WHICH THESE EMPLOYEES ARE IN A NONPAY STATUS.

(2) SHOULD EMPLOYEES MENTIONED IN QUESTION (1) ABOVE BE CHARGED ANNUAL LEAVE FOR ANY PART OF SATURDAY WHEN IT IS INCLUDED WITHIN A PERIOD OF ANNUAL LEAVE, OR, SHOULD IT BE CONSIDERED AS A HOLIDAY UNDER SECTION 11 OF THE REGULATIONS NOW IN FORCE WITHOUT CHARGE TO ANNUAL LEAVE?

(3) SECTION 9 OF THE ANNUAL LEAVE REGULATIONS PROVIDES THAT "EMPLOYEES INJURED IN LINE OF DUTY MAY TAKE LEAVE WITHOUT PAY, IF DESIRED, COVERING THEIR ABSENCE DUE TO SUCH INJURY INSTEAD OF COVERING SUCH TIME BY ANNUAL LEAVE; AND DURING ABSENCE BECAUSE OF SUCH INJURY AND WHILE BEING PAID BY THE EMPLOYEES' COMPENSATION COMMISSION, EMPLOYEES SHALL CONTINUE TO EARN LEAVE, WHICH SHALL, HOWEVER, BE GRANTED ONLY IN THE EVENT OF THEIR RETURN TO ACTUAL DUTY.' DO EMPLOYEES ALSO CONTINUE TO EARN SICK LEAVE DURING SUCH PERIOD OF ABSENCE WITHOUT PAY?

QUESTION (1) HAS BEEN ANSWERED IN THE AFFIRMATIVE BY DECISION OF MAY 4, 1938, A-94536, 17 COMP. GEN. 906, A COPY OF WHICH IS ENCLOSED.

THE SAME DECISION (P. 6) ANSWERS QUESTION (2) BY STATING THAT SATURDAY, A NONWORK DAY, OCCURRING WITHIN A PERIOD OF ANNUAL LEAVE OF PER-DIEM EMPLOYEES ON A 5-DAY WEEK, SHOULD BE CHARGED AGAINST ANNUAL LEAVE "AS 1 DAY, NOT 4 HOURS, IT HAVING BEEN HELD THAT THE SATURDAY HALF-HOLIDAY LAW HAS NO APPLICATION TO EMPLOYEES ON A 40-HOUR, 5-DAY WEEK.'

REFERRING TO QUESTION (3), THE PROVISIONS OF SECTION 9 OF THE ANNUAL LEAVE REGULATIONS TO WHICH YOU REFER CONSTITUTE NO AUTHORITY FOR THE ACCUMULATION OF SICK LEAVE DURING A PERIOD OF LEAVE WITHOUT PAY DUE TO INJURY INCURRED IN LINE OF DUTY WHILE AN EMPLOYEE IS BEING PAID BY THE EMPLOYEE'S COMPENSATION COMMISSION. SECTION 10 OF THE SICK-LEAVE REGULATIONS, EXECUTIVE ORDER NO. 7846, DATED MARCH 21, 1938, PROVIDES AS FOLLOWS:

SICK LEAVE SHALL ACCRUE TO AN EMPLOYEE WHILE IN A LEAVE-WITH-PAY STATUS. SICK LEAVE SHALL NOT ACCUMULATE TO AN EMPLOYEE WHILE IN A NONPAY STATUS DUE TO LEAVE WITHOUT PAY OR FURLOUGH WHEN THE DURATION OF SUCH NONPAY STATUS IN ANY CALENDAR YEAR AGGREGATES 30 DAYS OR MORE: PROVIDED, THAT WHEN THE DURATION OF SUCH NONPAY STATUS IS IN EXCESS OF 30 DAYS IN ANY CALENDAR YEAR, SUCH EXCESS SHALL AFFECT THE ACCUMULATION OF SICK LEAVE ONLY WHEN IT AGGREGATES 10 DAYS, AND LIKEWISE FOR EACH AGGREGATE PERIOD OF 10 DAYS THEREAFTER. SICK LEAVE SHALL NOT ACCRUE DURING ANY PERIOD OF SUSPENSION FOR DISCIPLINARY REASONS.

THESE RULES APPLY REGARDLESS OF THE REASON OR PURPOSE FOR WHICH THE LEAVE WITHOUT PAY IS GRANTED OR TAKEN, INCLUDING LEAVE WITHOUT PAY DUE TO INJURY INCURRED IN LINE OF DUTY WHILE AN EMPLOYEE IS BEING PAID BY THE EMPLOYEE'S COMPENSATION COMMISSION.