B-103651, JUNE 14, 1951, 30 COMP. GEN. 511

B-103651: Jun 14, 1951

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AN EMPLOYEE WHO IS ABSENT FROM HIS TEMPORARY DUTY STATION DUE TO ILLNESS AND AT HIS RESIDENCE. WHICH IS NOT AT HIS OFFICIAL HEADQUARTERS. 1951: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 29. IT IS STATED THAT MR. GAINER IS A CIVILIAN EMPLOYEE WHOSE PERMANENT DUTY STATION IS HUNTINGTON. HE WAS AUTHORIZED TO TRAVEL ON OFFICIAL BUSINESS TO ZANESVILLE AND PORTSMOUTH. INCLUDING ZANESVILLE WHERE HE WAS ON TEMPORARY DUTY DURING THE WORKING HOURS ON FRIDAY. BECAUSE OF ILLNESS HE WAS UNABLE TO RETURN AND WAS ON LEAVE OF ABSENCE BECAUSE OF THAT ILLNESS NOT DUE TO HIS OWN MISCONDUCT DURING THE PERIOD MONDAY. IT IS STATED IN YOUR LETTER THAT YOUR DOUBT IN THE MATTER IS (1) WHETHER PER DIEM IN LIEU OF SUBSISTENCE MAY BE PAID TO COVER SICK LEAVE WHEN SUCH LEAVE IS TAKEN AT A POINT OTHER THAN THE TEMPORARY OR PERMANENT DUTY STATIONS.

B-103651, JUNE 14, 1951, 30 COMP. GEN. 511

SUBSISTENCE - LEAVES OF ABSENCE - SICK LEAVE DURING TRAVEL STATUS IN VIEW OF THE PROVISIONS OF PARAGRAPH 45C OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS THAT WHENEVER A TRAVELER TAKES LEAVE OF ABSENCE OF ANY KIND BECAUSE OF BEING INCAPACITATED ON ACCOUNT OF ILLNESS OR INJURY NOT DUE TO HIS OWN MISCONDUCT THE PRESCRIBED PER DIEM IN LIEU OF SUBSISTENCE SHALL CONTINUE FOR A CERTAIN SPECIFIED PERIOD, AN EMPLOYEE WHO IS ABSENT FROM HIS TEMPORARY DUTY STATION DUE TO ILLNESS AND AT HIS RESIDENCE, WHICH IS NOT AT HIS OFFICIAL HEADQUARTERS, MAY BE CONSIDERED TO BE A TRAVEL AND SUBSISTENCE STATUS DURING THE PERIOD OF LEAVE OF ABSENCE.

COMPTROLLER GENERAL WARREN TO LT. COL. WILLIAM W. KNOX, DEPARTMENT OF THE ARMY, JUNE 14, 1951:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 29, 1950, FORWARDED TO THIS OFFICE BY SIXTH INDORSEMENT OF MAY 21, 1951, FROM THE OFFICE OF THE CHIEF OF ENGINEERS, REQUESTING A DECISION AS TO WHETHER PAYMENT MAY BE MADE ON THE VOUCHER SUBMITTED THEREWITH IN FAVOR OF OLIS R. GAINER, COVERING PER DIEM IN LIEU OF SUBSISTENCE DURING THE PERIOD OCTOBER 28 THROUGH NOVEMBER 5, 1950.

IT IS STATED THAT MR. GAINER IS A CIVILIAN EMPLOYEE WHOSE PERMANENT DUTY STATION IS HUNTINGTON, WEST VIRGINIA. BY TRAVEL ORDER NO. 952, DATED SEPTEMBER 25, 1950, HE WAS AUTHORIZED TO TRAVEL ON OFFICIAL BUSINESS TO ZANESVILLE AND PORTSMOUTH, OHIO, AND SUCH OTHER POINTS IN THE HUNTINGTON DISTRICT AS NECESSARY. MR. GAINER PERFORMED OFFICIAL DUTY AT VARIOUS TEMPORARY DUTY STATIONS, INCLUDING ZANESVILLE WHERE HE WAS ON TEMPORARY DUTY DURING THE WORKING HOURS ON FRIDAY, OCTOBER 27, 1950. HE DEPARTED FROM HIS TEMPORARY DUTY STATION AT ZANESVILLE AT 6 P.M. ON FRIDAY, OCTOBER 27, AND WENT TO HIS RESIDENCE AT PARKERSBURG, WEST VIRGINIA, WITH THE INTENTION OF RETURNING TO ZANESVILLE ON MONDAY, OCTOBER 30. HOWEVER, BECAUSE OF ILLNESS HE WAS UNABLE TO RETURN AND WAS ON LEAVE OF ABSENCE BECAUSE OF THAT ILLNESS NOT DUE TO HIS OWN MISCONDUCT DURING THE PERIOD MONDAY, OCTOBER 30 THROUGH FRIDAY, NOVEMBER 3, AND REPORTED FOR DUTY AT ZANESVILLE ON MONDAY, NOVEMBER 6.

IT IS STATED IN YOUR LETTER THAT YOUR DOUBT IN THE MATTER IS (1) WHETHER PER DIEM IN LIEU OF SUBSISTENCE MAY BE PAID TO COVER SICK LEAVE WHEN SUCH LEAVE IS TAKEN AT A POINT OTHER THAN THE TEMPORARY OR PERMANENT DUTY STATIONS, AND (2), IF NOT, WHETHER PER DIEM MAY BE PAID TO COVER THE NONWORK DAYS, SATURDAYS AND SUNDAYS, IMMEDIATELY PRECEDING AND FOLLOWING THE LEAVE OF ABSENCE.

PARAGRAPH 45A OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS AMENDED OCTOBER 1, 1950, PROVIDES IN PART THAT WHERE LEAVE OF ABSENCE DOES NOT BEGIN OR TERMINATE WITHIN THE TRAVELER'S PRESCRIBED HOURS OF DUTY THE TRAVELER WILL BE REGARDED AS BEING IN A SUBSISTENCE STATUS UNTIL MIDNIGHT OF THE LAST DAY PRECEDING THE LEAVE OF ABSENCE, AND FROM 12:01 A.M. OF THE DAY FOLLOWING THE LEAVE OF ABSENCE, AND THAT A TRAVELER WILL BE CONSIDERED TO BE IN A SUBSISTENCE STATUS ON NONWORK DAYS UNLESS HE RETURNS TO HIS OFFICIAL STATION OR UNLESS SUCH NON WORK DAY IS IMMEDIATELY PRECEDED AND FOLLOWED BY LEAVE OF ABSENCE. PARAGRAPH 45C OF THE REGULATIONS PROVIDES THAT WHENEVER A TRAVELER TAKES LEAVE OF ABSENCE OF ANY KIND BECAUSE OF HIS BEING INCAPACITATED ON ACCOUNT OF HIS ILLNESS OR INJURY NOT DUE TO HIS OWN MISCONDUCT, THE PRESCRIBED PER DIEM IN LIEU OF SUBSISTENCE SHALL CONTINUE FOR A CERTAIN SPECIFIED PERIOD.

IN GENERAL ACCOUNTING OFFICE DECISION OF MAY 2, 1951, B-102491, TO YOU, WHICH WAS RENDERED SUBSEQUENT TO YOUR PRESENT SUBMISSION, THERE WAS CONSIDERED A VOUCHER COVERING A PAYMENT FOR PER DIEM IN LIEU OF SUBSISTENCE AS TO WHICH YOU RAISED QUESTIONS SIMILAR TO THOSE HERE INVOLVED. HOWEVER, THE HOLDING IN THAT DECISION, TO THE EFFECT THAT PER DIEM IN LIEU OF SUBSISTENCE WAS NOT PAYABLE TO THE EMPLOYEE DURING A PERIOD WHEN ABSENT FROM HIS TEMPORARY DUTY STATION ON A LEAVE OF ABSENCE DUE TO ILLNESS, IS NOT FOR APPLICATION HERE BECAUSE THE EMPLOYEE THERE WAS CONSIDERED AS HAVING SPENT THE LEAVE OF ABSENCE AT HIS OFFICIAL STATION BY REASON OF THE FACT THAT HE WAS AT HIS HOME FROM WHICH HE ORDINARILY COMMUTED DAILY TO HIS OFFICIAL STATION.

SINCE, IN THE INSTANT CASE, MR. GAINER WAS ON OFFICIAL BUSINESS AWAY FROM HIS OFFICIAL HEADQUARTERS DURING THE PERIOD OF HIS LEAVE OF ABSENCE DUE TO ILLNESS, THE PROVISIONS OF PARAGRAPH 45C, ABOVE, HAVE THE EFFECT OF CONTINUING HIM IN A TRAVEL AND SUBSISTENCE STATUS DURING THE PERIOD OF SUCH LEAVE, AND, THEREFORE, HE IS ENTITLED TO RECEIVE PER DIEM IN LIEU OF SUBSISTENCE DURING SUCH LEAVE OF ABSENCE, NOTWITHSTANDING THE FACT THAT HE WAS ABSENT FROM HIS TEMPORARY DUTY STATION AND AT HIS RESIDENCE. IT IS TO BE NOTED THAT PARAGRAPH 45C OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS NOW IN EFFECT DOES NOT REQUIRE THE PRESENCE OF A TRAVELER AT A TEMPORARY DUTY STATION ON NONWORK DAYS FOR PER DIEM PURPOSES AS DID PARAGRAPH 45A OF THE OLD REGULATIONS. THE FOREGOING ANSWER MAKES IT UNNECESSARY TO CONSIDER YOUR SECOND QUESTION.

ACCORDINGLY, WHILE MR. GAINER WAS AT HIS RESIDENCE AND WAS ABSENT FROM HIS TEMPORARY DUTY STATION DURING THE ENTIRE PERIOD COVERED BY THE VOUCHER, INCLUDING THE NONWORK DAYS WHICH EITHER WERE PRECEDED BY OR WERE FOLLOWED BY AN ACTUAL DUTY STATUS, HE WAS STILL ABSENT FROM HIS OFFICIAL PERMANENT HEADQUARTERS IN A SUBSISTENCE STATUS DURING THE ENTIRE PERIOD COVERED BY THE VOUCHER. IN VIEW THEREOF, THE VOUCHER COVERING PER DIEM IN LIEU OF SUBSISTENCE DURING THE PERIOD FROM SATURDAY, OCTOBER 28 THROUGH SUNDAY, NOVEMBER 5, MAY BE PAID, IF OTHERWISE PROPER.