B-111942, OCTOBER 17, 1952, 32 COMP. GEN. 189

B-111942, OCTOBER 17, 1952, 32 COMP. GEN. 189

GOVERNMENT PRINTING OFFICE EMPLOYEES - EXCUSING FROM WORK - VOTING, ACTS OF GOD, TARDINESS, ETC. WHILE EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE PAID BOTH ON AN HOURLY BASIS AND A PER ANNUM BASIS WHO COME WITHIN THE PROVISIONS OF 44 U.S.C. 40 AND WHO ARE LATE FOR WORK IN EXCESS OF ONE HOUR DUE TO SNOW STORMS, FLOODS, OR OTHER ACTS OF GOD, OR DUE TO TRANSPORTATION FAILURES, MAY BE CHARGED WITH ANNUAL LEAVE IF IT IS DETERMINED ADMINISTRATIVELY THAT THEY ARE LATE FOR WORK BECAUSE OF THE CONDITIONS REFERRED TO ABOVE, ONLY EMPLOYEES PAID ON A PER ANNUM BASIS MAY BE EXCUSED FOR SUCH LATENESS WITHOUT ANY CHARGE TO LEAVE OF LOSS OF COMPENSATION (28 COMP. GEN. 111; 31 ID. 663); HOWEVER, BOTH CLASSES OF EMPLOYEES MAY BE EXCUSED UNDER THE UNIFORM ANNUAL AND SICK LEAVE REGULATIONS WITHOUT CHARGE TO LEAVE OR LOSS OF COMPENSATION FOR UNAVOIDABLE OR NECESSARY ABSENCE FROM DUTY NOT IN EXCESS OF ONE HOUR AND TARDINESS. EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE PAID BOTH ON AN HOURLY BASIS AND A PER ANNUM BASIS WHO COME WITHIN THE PROVISIONS OF 44 U.S.C. 40 MAY BE EXCUSED WITHOUT CHARGE TO ANNUAL LEAVE OR LOSS OF COMPENSATION TO REGISTER FOR VOTING PURPOSES AND FOR VOTING IN THE SAME MANNER AS EMPLOYEES IN THE EXECUTIVE DEPARTMENTS. EMPLOYEES OF THE OFFICE OF THE SUPERINTENDENT OF DOCUMENTS WHO ARE PAID ON A PER ANNUM BASIS UNDER THE CLASSIFICATION ACT OF 1949, NOTWITHSTANDING THAT THEY MAY BE PAID FOR NIGHT, SUNDAY, HOLIDAY, AND OVERTIME SERVICES AT RATES NOT IN EXCESS OF THOSE ALLOWED UNDER 44 U.S.C. 40, MAY BE EXCUSED WITHOUT CHARGE TO ANNUAL LEAVE OR LOSS OF COMPENSATION WHEN LATE FOR WORK BECAUSE OF SNOW STORMS, FLOODS, OR OTHER ACTS OF GOD, OR BECAUSE OF TRANSPORTATION FAILURES.

ACTING COMPTROLLER GENERAL YATES TO THE PUBLIC PRINTER, OCTOBER 17, 1952:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 15, 1952, REFERRING TO OFFICE DECISION OF JUNE 17, 1952, B-108085, 31 C.G. 663, AND REQUESTING A DECISION AS TO WHETHER EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE WHO ARE PAID BOTH UPON AN HOURLY AND UPON AN ANNUAL BASIS AND WHO COME WITHIN THE PROVISIONS OF 44 U.S.C. 40, MAY BE EXCUSED WITHOUT CHARGE TO ANNUAL LEAVE OR LOSS OF PAY UNDER THE FOLLOWING STATED CONDITIONS:

1. WHEN THEY ARE LATE FOR WORK IN EXCESS OF ONE HOUR BECAUSE OF SHOW STORMS, FLOODS, OR OTHER ACTS OF GOD, OR BY TRANSPORTATION FAILURES.

2. WHEN EMPLOYEES OF THE EXECUTIVE DEPARTMENTS ARE PERMITTED TIME OFF WITHOUT CHARGE TO LEAVE FOR PURPOSES SUCH AS REGISTRATION, VOTING, DIGNITARIES VISITING OR RETURNING TO WASHINGTON, OR ANY OTHER OCCASION ADMINISTRATIVELY DETERMINED.

3. UNAVOIDABLE OR NECESSARY ABSENCE FROM DUTY OF LESS THAN ONE HOUR AND TARDINESS AS CONTAINED IN THE ANNUAL AND SICK LEAVE REGULATIONS FOR FEDERAL EMPLOYEES.

4. IF YOUR ANSWER TO ANY OF THE CONDITIONS IS IN THE NEGATIVE, WOULD THE SAME RESTRICTIONS APPLY TO THE EMPLOYEES OF THE OFFICE OF SUPERINTENDENT OF DOCUMENTS WHO COME WITHIN THE PROVISIONS OF THE CLASSIFICATION ACT OF 1949, AS AMENDED, AND PUBLIC LAW 759, APPROVED SEPTEMBER 6, 1950, BUT DO NOT COME WITHIN THE PROVISIONS OF U.S. CODE, TITLE 44, SECTION 40?

THE QUESTIONS ARE ANSWERED IN THE ORDER PRESENTED:

1. NEITHER THE ANNUAL AND SICK LEAVE ACT OF 1951, 65 STAT. 679, PUBLIC LAW 233, APPROVED OCTOBER 30, 1951, NOR THE REGULATIONS ISSUED THEREUNDER, PROVIDE FOR SITUATIONS SUCH AS THOSE INVOLVED IN QUESTION 1. ACCORDINGLY, WHILE THE EMPLOYEES MAY BE CHARGED WITH ANNUAL LEAVE, IF IT BE DETERMINED ADMINISTRATIVELY THAT IT WAS IMPOSSIBLE FOR THEM TO REPORT PROMPTLY FOR DUTY BECAUSE OF THE CONDITIONS REFERRED TO, IT IS WITHIN ADMINISTRATIVE DISCRETION TO EXCUSE SUCH OF THE EMPLOYEES AS ARE COMPENSATED UPON A PER ANNUM BASIS WITHOUT CHARGE TO LEAVE OR LOSS OF SALARY. SEE 28 COMP. GEN. 111. FOR THE REASONS SET FORTH IN DECISION OF JUNE 17, 1952, B-108085 (31 COMP. GEN. 663), THERE WOULD APPEAR TO BE NO AUTHORITY FOR SIMILARLY EXCUSING EMPLOYEES PAID UPON A PER HOUR BASIS.

2. WITH RESPECT TO THE EXECUTIVE DEPARTMENTS, YOUR ATTENTION IS INVITED TO PAGE L1-1 OF THE FEDERAL PERSONNEL MANUAL WHEREIN THE FOLLOWING IS STATED TO BE THE PRESIDENTIAL POLICY:

IN SO FAR AS MAY BE PRACTICABLE WITHOUT INTERFERING SERIOUSLY WITH PRODUCTION, EMPLOYEES WHO DESIRE TO VOTE AT COMMUNITIES WHERE THEY MAINTAIN VOTING RESIDENCE, EXCEPT WHERE VOTING BY ABSENTEE BALLOT IS PERMITTED, WILL BE EXCUSED FOR THAT PURPOSE WITHOUT CHARGE TO LEAVE FOR A REASONABLE TIME ON ALL ELECTION DAYS. FURTHER, EMPLOYEES WHO WILL BE VOTING IN JURISDICTIONS WHICH REQUIRE REGISTRATION IN PERSON WILL BE EXCUSED FOR THAT PURPOSE WITHOUT CHARGE TO LEAVE FOR A REASONABLE TIME DURING THE REGISTRATION PERIODS SPECIFIED BY THE JURISDICTION IN WHICH THEY WILL VOTE. SUCH AUTHORIZED ABSENCE SHOULD NOT EXCEED THE TIME ACTUALLY REQUIRED TO VOTE OR REGISTER, AS THE CASE MAY BE, AND IN NO EVENT SHOULD IT EXCEED ONE WORKING DAY FOR EACH ELECTION OR REGISTRATION PERIOD.

IN THESE CASES WHEN AN EMPLOYEE REQUESTS ADDITIONAL LEAVE FOR VOTING OR REGISTRATION WHICH WILL REQUIRE LONGER THAN ONE DAY IN ORDER TO ENABLE HIM TO GO TO HIS LEGAL RESIDENCE TO VOTE OR REGISTER, PERMISSION WILL BE GRANTED WHENEVER PRACTICABLE AND THE PERIOD OF ABSENCE IN EXCESS OF ONE DAY WILL BE CHARGED TO ANNUAL LEAVE OR, IF ANNUAL LEAVE IS EXHAUSTED, TO LEAVE WITHOUT PAY.

WHILE THE SAID PRESIDENTIAL POLICY DOES NOT APPLY TO THE LEGISLATIVE BRANCH OF THE GOVERNMENT, THERE APPEARS TO BE NO SOUND REASON WHY EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE ALSO SHOULD NOT BE EXCUSED FOR PURPOSES OF REGISTERING AND VOTING. THE OTHER SITUATIONS SET FORTH IN QUESTION 2 ARE NOT SUSCEPTIBLE FOR CATEGORICAL ANSWERS IN THE ABSENCE OF ALL THE ATTENDANT FACTS AND CIRCUMSTANCES.

3. IN CONSONANCE WITH SECTION 30.202 OF THE UNIFORM ANNUAL AND SICK LEAVE REGULATIONS (L1-19, FEDERAL PERSONNEL MANUAL) THE QUESTION IS ANSWERED IN THE AFFIRMATIVE.

4. IT IS UNDERSTOOD THAT CERTAIN EMPLOYEES OF THE OFFICE OF THE SUPERINTENDENT OF DOCUMENTS ARE PAID UPON A PER ANNUM BASIS UNDER THE CLASSIFICATION ACT OF 1949, 63 STAT. 952, NOTWITHSTANDING THAT THEY MAY BE PAID FOR NIGHT, SUNDAY, HOLIDAY, AND OVERTIME SERVICE AT RATES NOT IN EXCESS OF THOSE ALLOWED UNDER 44 U.S.C. 40. IF THAT UNDERSTANDING BE CORRECT SUCH EMPLOYEES WOULD APPEAR TO FALL WITHIN THE CATEGORY OF THE PER ANNUM EMPLOYEES REFERRED TO IN QUESTION 1.