B-10321, MAY 27, 1940, 19 COMP. GEN. 958

B-10321: May 27, 1940

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IS ONE-HALF OF THE FULL WORKDAY OF 7 OR 8 HOURS WHICHEVER THE EMPLOYEE IS REGULARLY REQUIRED TO WORK. 1940: I HAVE YOUR LETTER OF MAY 14. AS FOLLOWS: THERE IS A CONFLICT OF OPINION CONCERNING THE CONSTRUCTION TO BE PLACED ON SECTION 13 OF THE NEW TIME AND LEAVE REGULATIONS ( EXECUTIVE ORDER NO. 8385) APPROVED MARCH 29. YOUR DECISION IS REQUESTED ON THE QUESTIONS HEREINAFTER SUBMITTED. IS SATURDAY. WHAT WOULD BE THE AMOUNT OF LEAVE TO BE CHARGED TO THAT SAME EMPLOYEE IF HE WERE ABSENT SICK ON SATURDAY FOR ONLY TWO HOURS? WAS INTENDED TO MEAN A FULL WORKDAY OF 7 OR 8 HOURS. - WHICHEVER EMPLOYEES ARE REGULARLY REQUIRED TO WORK. IS EITHER 3 1/2 OR 4 HOURS. THAT IS. YOUR FIRST QUESTION IS ANSWERED IN THE NEGATIVE.

B-10321, MAY 27, 1940, 19 COMP. GEN. 958

LEAVES OF ABSENCE - SICK - MINIMUM CHARGE UNDER SECTION 13 OF THE UNIFORM SICK LEAVE REGULATIONS, APPROVED MARCH 29, 1940, THE MINIMUM CHARGE FOR SICK LEAVE ON ANY WORKDAY, INCLUDING SHORT WORKDAYS OF 4 HOURS ON SATURDAY, IS ONE-HALF OF THE FULL WORKDAY OF 7 OR 8 HOURS WHICHEVER THE EMPLOYEE IS REGULARLY REQUIRED TO WORK.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE TREASURY, MAY 27, 1940:

I HAVE YOUR LETTER OF MAY 14, 1940, AS FOLLOWS:

THERE IS A CONFLICT OF OPINION CONCERNING THE CONSTRUCTION TO BE PLACED ON SECTION 13 OF THE NEW TIME AND LEAVE REGULATIONS ( EXECUTIVE ORDER NO. 8385) APPROVED MARCH 29, 1940, AND YOUR DECISION IS REQUESTED ON THE QUESTIONS HEREINAFTER SUBMITTED.

THIS SECTION READS AS FOLLOWS:

"THE MINIMUM CHARGE FOR ABSENCE ON ACCOUNT OF SICKNESS SHALL BE ONE HALF OF A REGULAR WORKDAY, WHICH MINIMUM CHARGE SHALL LIKEWISE APPLY ON SATURDAYS OR OTHER DAYS ON WHICH FOUR HOURS CONSTITUTE A FULL WORKDAY; AND ADDITIONAL SICK LEAVE AUTHORIZED ON THE SAME DAY SHALL BE CHARGED IN MULTIPLES OF ONE-HALF HOUR.'

IS SATURDAY, A FOUR-HOUR DAY, CONSIDERED TO BE A "REGULAR WORKDAY" FOR THE APPLICATION OF THE MINIMUM CHARGE FOR SICK LEAVE?

AN EMPLOYEE WHOSE REGULAR TOUR OF DUTY REQUIRES ONLY FOUR HOURS' SERVICE ON SATURDAYS WOULD BE CHARGED ONLY FOUR HOURS IF ABSENT ON ACCOUNT OF SICKNESS ALL OF THAT DAY.

WHAT WOULD BE THE AMOUNT OF LEAVE TO BE CHARGED TO THAT SAME EMPLOYEE IF HE WERE ABSENT SICK ON SATURDAY FOR ONLY TWO HOURS?

THE TERM "REGULAR WORKDAY" AS USED IN SECTION 13 OF THE SICK LEAVE REGULATIONS, QUOTED IN YOUR LETTER, WAS INTENDED TO MEAN A FULL WORKDAY OF 7 OR 8 HOURS--- WHICHEVER EMPLOYEES ARE REGULARLY REQUIRED TO WORK-- AS DISTINGUISHED FROM A SHORT WORKDAY SUCH AS SATURDAY OR ANY OTHER DAY ON WHICH 4 HOURS SHALL CONSTITUTE A DAY'S WORK. HENCE, THE "MINIMUM CHARGE" FOR SICK LEAVE ON ANY WORKDAY, INCLUDING SHORT WORKDAYS OF 4 HOURS ON SATURDAY, IS EITHER 3 1/2 OR 4 HOURS, THAT IS, ONE-HALF OF A REGULAR WORKDAY FOR THE PARTICULAR EMPLOYEE INVOLVED.

YOUR FIRST QUESTION IS ANSWERED IN THE NEGATIVE; AND IN ANSWER TO YOUR SECOND QUESTION I HAVE TO ADVISE THAT THE AMOUNT OF SICK LEAVE TO BE CHARGED UNDER THE CIRCUMSTANCES STATED IS EITHER 3 1/2 HOURS OR 4 HOURS DEPENDING ON WHETHER THE REGULAR WORKDAY OF THE EMPLOYEE IS 7 HOURS OR 8 HOURS.