B-132330, AUG. 2, 1957

B-132330, AUG. 2, 1957

TO MR. THOMAS D. ALLEN, JR.:

ON MAY 10, 1957, YOU ASKED US TO RECONSIDER OUR SETTLEMENT OF JANUARY 30, 1956, WHICH CONCERNED YOUR CLAIM FOR $22.50, REPRESENTING PER DIEM AND TRANSPORTATION EXPENSES IN PLACE OF PER DIEM FOR THE PERIOD MARCH 11 THROUGH PART OF MARCH 17, 1955, AS AN EMPLOYEE OF THE GENERAL ACCOUNTING OFFICE. YOU WERE ALLOWED $2.25 REPRESENTING PER DIEM FOR THE FIRST QUARTER OF MARCH 17 AND DISALLOWED $20.25 REPRESENTING $2.25 FOR THE LAST QUARTER OF MARCH 11 AND $18 FOR TRANSPORTATION COSTS IN PLACE OF PER DIEM. YOU NOW INCREASE THE CLAIMED TRANSPORTATION COST TO $23.79 WHICH MAKES YOUR PRESENT CLAIM $26.04.

YOUR TEMPORARY DUTY STATION WAS WAHOO, NEBRASKA; YOUR PERMANENT DUTY STATION WAS KANSAS CITY, MISSOURI. ON MARCH 11, FRIDAY, YOU TOOK ANNUAL LEAVE FOR THE PERIOD 2:30 TO 4:30 P.M. FOR THE PURPOSE OF FACILITATING YOUR VOLUNTARY RETURN TO HEADQUARTERS OVER THE WEEKEND. YOU SPENT MARCH 12 AND 13, NONWORK DAYS, AT YOUR HEADQUARTERS. YOU WERE ON SICK LEAVE MARCH 14 AND 15 AND ON ANNUAL LEAVE MARCH 16. YOU DID NOT RETURN TO YOUR TEMPORARY STATION UNTIL MARCH 17 AND REPORTED FOR DUTY THERE AT 8:00 A.M. IN A LETTER OF JUNE 10, 1955, TO US YOU SAID THAT THE CAUSE FOR YOUR SICK LEAVE, AN EYE INFECTION, AROSE WHILE IN WAHOO, BECAME WORSE OVER THE WEEKEND, AND PREVENTED YOUR RETURNING TO WORK ON MONDAY. YOUR CLAIMED TRANSPORTATION COSTS, IF REIMBURSABLE, AMOUNTED TO $23.79.

PARAGRAPH 45B OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS THEN IN EFFECT PROVIDED THAT WHERE AN EMPLOYEE VOLUNTARILY RETURNS TO HIS OFFICIAL STATION FOR NONWORK DAYS HE MAY BE ALLOWED TRAVEL COST TO AND FROM HEADQUARTERS AND TEMPORARY DUTY STATION AND PER DIEM EN ROUTE NOT TO EXCEED THE TRAVEL EXPENSES WHICH WOULD HAVE BEEN ALLOWABLE HAD THE EMPLOYEE REMAINED AT THE TEMPORARY DUTY STATION. THAT REIMBURSEMENT DOES NOT REPRESENT PER DIEM IN PLACE OF SUBSISTENCE WHILE AT HEADQUARTERS BUT RATHER REPRESENTS TRAVEL COST TO AND FROM HEADQUARTERS AND TEMPORARY DUTY POST, LIMITED IN AMOUNT TO THE PER DIEM WHICH WOULD HAVE BEEN PAYABLE AT THE TEMPORARY DUTY STATION HAD THE EMPLOYEE REMAINED THERE. B-114984, MAY 25, 1953. MOREOVER, THE TAKING OF LEAVE MAY NOT INCREASE THE REIMBURSEMENT OTHERWISE ALLOWABLE UNDER THAT SECTION.

FURTHER PERTINENT PROVISIONS OF PARAGRAPH 45 READ 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 LAST QUOTED SENTENCE OF PARAGRAPH 45A RELATES TO ABSENCE ONLY DURING PART OF A DAY, THE BEGINNING OR TERMINATION OF WHICH EITHER FOLLOWS WITHIN OR COINCIDES WITH THE BEGINNING OR ENDING OF THAT WORKDAY. THE PER DIEM 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 YOU BEGAN YOUR ANNUAL LEAVE DURING THE AFTERNOON HOURS OF A WORKDAY, YOUR ENTITLEMENT TO PER DIEM CEASED AT 6:00 P.M. OF THAT WORKDAY SUBJECT, HOWEVER, TO ANY BENEFIT 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 NONWORK DAYS, OUR VIEW IS THAT PARAGRAPH 45C OVERCOMES THE NONWORK DAY RESTRICTIONS IN PARAGRAPH 45A TO THE EXTENT THAT SATISFACTORY EVIDENCE IS SUBMITTED SHOWING THE NONWORK DAY QUARTER IN WHICH THE EMPLOYEE'S ILLNESS OR INCAPACITY BEGAN.

WE FIND ON THE BASIS OF YOUR STATEMENT THAT THE EYE INFECTION "BECAME WORSE OVER THE WEEKEND" THAT THE INFECTION BECAME INCAPACITATING DURING THE FIRST QUARTER OF SATURDAY, MARCH 12. WE ALSO FIND THAT IT CONTINUED ON SUNDAY, MARCH 13, MONDAY, MARCH 14, AND TUESDAY, MARCH 15. CONSEQUENTLY, YOU ARE NOT ENTITLED TO PER DIEM FOR THE LAST QUARTER OF MARCH 11 BUT ARE ENTITLED TO REIMBURSEMENT OF THE TRANSPORTATION COSTS YOU INCURRED BETWEEN HEADQUARTERS AND TEMPORARY DUTY STATION NOT TO EXCEED THE PER DIEM WHICH WOULD HAVE BEEN PAYABLE HAD YOU REMAINED AT THE TEMPORARY DUTY STATION FOR THE TWO NONWORK DAYS, MARCH 12 AND 13. THIS AMOUNTS TO $18. SINCE YOU WERE AT YOUR HEADQUARTERS ON MARCH 14 AND 15, WORKDAYS, THEY MAY NOT BE CONSIDERED FOR PER DIEM PURPOSES. PARAGRAPH 46 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS.