B-129694, FEBRUARY 11, 1957, 36 COMP. GEN. 589

B-129694, FEBRUARY 11, 1957, 36 COMP. GEN. 589

CIVILIAN EMPLOYEES IN TRAVEL STATUS - SUBSISTENCE - PER DIEM - ANNUAL AND SICK LEAVE - NONWORKDAYS THE RESTRICTIONS IN PARAGRAPH 45A (NOW RENUMBERED 6.3) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS AGAINST THE PAYMENT OF PER DIEM FOR NONWORKDAYS FOLLOWING ANNUAL LEAVE TAKEN BY EMPLOYEES IN A TRAVEL STATUS ARE INAPPLICABLE TO PARAGRAPH 45C (NOW RENUMBERED 6.5) WHICH AUTHORIZES CONTINUANCE OF PER DIEM DURING A PERIOD OF ILLNESS OR INCAPACITY WITHOUT REGARD TO NONWORKDAYS, PROVIDED SATISFACTORY EVIDENCE IS SUBMITTED WITH THE TRAVEL VOUCHER SHOWING THE NONWORKDAY QUARTER IN WHICH THE ILLNESS OR INCAPACITY BEGAN. EMPLOYEES WHO, WHILE IN A TRAVEL STATUS, TAKE ANNUAL LEAVE ON FRIDAY AFTERNOON AND SICK LEAVE ON THE FOLLOWING MONDAY ARE NOT ENTITLED TO PER DIEM AFTER 6:00 P.M. FRIDAY, UNLESS THE EMPLOYEES ESTABLISHED WHEN THEIR ILLNESS OR INCAPACITY BEGAN AND THAT IT CONTINUED THROUGH THE WORKDAY MONDAY, AND THEN PAYMENT OF PER DIEM IS AUTHORIZED FROM THE QUARTER DAY IN WHICH THE ILLNESS OR INCAPACITY BEGAN.

TO THE SECRETARY OF THE NAVY, FEBRUARY 11, 1957:

IN LETTER DATED OCTOBER 29, 1956, THE ASSISTANT SECRETARY ( PERSONNEL AND RESERVE FORCES) REQUESTS OUR DECISION REGARDING THE CORRECTNESS OF THE INTERPRETATION PLACED ON THE PROVISIONS OF PARAGRAPHS 45A AND 45C OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS IN OUR INFORMAL AUDIT INQUIRY NO. 6-Q0019 DATED APRIL 16, 1956.

THE ASSISTANT SECRETARY PRESENTS TWO SPECIFIC QUESTIONS FOR DECISION, AS FOLLOWS:

A. A TRAVELER TAKES EIGHT HOURS ANNUAL LEAVE ON FRIDAY, NOVEMBER 4 AND EIGHT HOURS SICK LEAVE ON MONDAY, NOVEMBER 7 (1955). IS PER DIEM ALLOWABLE FOR NOVEMBER 5 AND 6?

B. A TRAVELER TAKES ANNUAL LEAVE FOR THE LAST HOUR OF THE WORK DAY ON FRIDAY, NOVEMBER 4 AND SICK LEAVE FOR EIGHT HOURS ON MONDAY, NOVEMBER 7 (1955). IS PER DIEM ALLOWABLE FOR NOVEMBER 5 AND 6?

THE RECORD SHOWS, HOWEVER, THAT THE TRAVELER IN "A," RAYMOND G. BARON, ACTUALLY WAS ABSENT ON ANNUAL LEAVE FROM 4 HOURS OF NOVEMBER 1 THROUGH NOVEMBER 4, WHICH WAS FOLLOWED BY THE NONWORKDAYS NOVEMBER 5 AND 6, SATURDAY AND SUNDAY, AND BY THE SICK LEAVE IN QUESTION ON NOVEMBER 7, MONDAY. THE FACTS IN THE CASE OF THE OTHER TRAVELER, MICHAEL ZYMARIS, ARE AS STATED IN "B.'

SUCH QUESTIONS, AND OUR AUDITOR'S INQUIRY CONCERN THE PROVISIONS IN PARAGRAPHS 45A AND 45C (NOW RENUMBERED AS 6.3 AND 6.5A) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS AMENDED JULY 28, 1955, AS FOLLOWS:

A. EXCEPT AS STATED BELOW, IF THE TIME THAT LEAVE OF ABSENCE BEGINS OR TERMINATES IS WITHIN THE TRAVELER'S PRESCRIBED HOURS OF DUTY, PER DIEM IN LIEU OF SUBSISTENCE EXPENSES WILL TERMINATE AT THE BEGINNING OF THE NEXT QUARTER DAY, OR BEGIN WITH THE QUARTER DAY DURING WHICH THE LEAVE OF ABSENCE TERMINATES. IF LEAVE OF ABSENCE DOES NOT BEGIN OR TERMINATE WITHIN THE TRAVELER'S PRESCRIBED HOURS OF DUTY, THE TRAVELER WILL BE ENTITLED TO PER DIEM IN LIEU OF SUBSISTENCE EXPENSES 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. A TRAVELER WILL BE CONSIDERED TO BE IN SUBSISTENCE STATUS ON NONWORK DAYS UNLESS HE RETURNS TO HIS OFFICIAL STATION OR UNLESS SUCH NONWORK DAY IS IMMEDIATELY PRECEDED AND FOLLOWED BY LEAVE OF ABSENCE. PROVIDED, THAT PER DIEM IN LIEU OF SUBSISTENCE MAY NOT BE PAID FOR MORE THAN TWO NONWORK DAYS WHERE THE LEAVE OF ABSENCE IS IMMEDIATELY PRECEDED AND FOLLOWED BY NONWORK DAY/S). FRACTIONAL LEAVE OF ABSENCE WHOLLY WITHIN A DAY, WHERE FOR HALF OF THE PRESCRIBED WORKING HOURS OR LESS, WILL BE DISREGARDED FOR SUBSISTENCE PURPOSES; WHERE IT EXCEEDS HALF OF THE PRESCRIBED WORKING HOURS NO SUBSISTENCE WILL BE ALLOWED. * * *

C. WHENEVER A TRAVELER TAKES LEAVE OF ABSENCE OF ANY KIND BECAUSE OF BEING INCAPACITATED DUE TO HIS ILLNESS OR INJURY, NOT DUE TO HIS OWN MISCONDUCT, THE PRESCRIBED PER DIEM IN LIEU OF SUBSISTENCE, IF ANY, SHALL BE CONTINUED FOR PERIODS NOT TO EXCEED 14 CALENDAR DAYS (INCLUDING FRACTIONAL DAYS) IN ANY ONE PERIOD OF ABSENCE UNLESS, UNDER THE CIRCUMSTANCES IN A PARTICULAR CASE, A LONGER PERIOD IS APPROVED. * * *

THE FIRST QUOTED SENTENCE OF PARAGRAPH 45A RELATES TO ABSENCE FROM TRAVEL STATUS OF MORE THAN ONE WORKDAY; WHEREAS THE LAST SENTENCE RELATES TO ABSENCE ONLY DURING PART OF A DAY, THE BEGINNING OR TERMINATION OF WHICH EITHER FALLS WITHIN OR COINCIDES WITH THE BEGINNING OR ENDING OF THAT WORKDAY. THE PER DIEM IN LIEU OF SUBSISTENCE IS COMPUTED ON THE BASIS OF THE CALENDAR DAY QUARTERS, WHEREAS LEAVE OF ABSENCE IS COMPUTED ACCORDING TO THE ACTUAL HOURS OF THE WORKDAY. THUS, SINCE THESE EMPLOYEES BEGAN THEIR ANNUAL LEAVE DURING THE AFTERNOON HOURS OF A WORKDAY, THEIR ENTITLEMENT TO PER DIEM CEASED AT 6 P.M. OF SUCH WORKDAY SUBJECT, HOWEVER, TO ANY BENEFITS THAT MIGHT ARISE BY VIRTUE OF PARAGRAPH 45C. HAVING IN MIND THAT PARAGRAPH 45C AUTHORIZES CONTINUANCE OF PER DIEM DURING A PERIOD OF ILLNESS OR INJURY WITHOUT REGARD TO NONWORKDAYS, OUR VIEW IS THAT PARAGRAPH 45C OVERCOMES THE NONWORKDAY RESTRICTIONS IN PARAGRAPH 45A TO THE EXTENT THAT SATISFACTORY EVIDENCE IS SUBMITTED WITH THE TRAVEL VOUCHER SHOWING THE NONWORKDAY QUARTER IN WHICH THE EMPLOYEE'S ILLNESS OR INCAPACITY BEGAN. IN THE ABSENCE OF SUCH EVIDENCE, PARAGRAPH 45A CONTROLS, AND PAYMENT OF PER DIEM FOR THE NONWORKDAYS WOULD NOT BE PROPER.

IN LINE WITH THE FOREGOING CONCLUSION, YOU ARE ADVISED THAT IF THESE EMPLOYEES ESTABLISH THAT THEIR ILLNESS OR INCAPACITY BEGAN DURING THE LAST QUARTER (6 P.M. TO MIDNIGHT) OF A WORKDAY OR DURING A PARTICULAR QUARTER- DAY OF ONE OF THE NONWORKDAYS ( SATURDAY OR SUNDAY) AND THAT SUCH ILLNESS OR INCAPACITY CONTINUED THROUGH THE WORKDAY PERIOD OF MONDAY, THEY WOULD BE ENTITLED TO PER DIEM UNDER PARAGRAPH 45C BEGINNING WITH THE QUARTER-DAY IN WHICH THE ILLNESS OR INJURY OCCURRED.