B-20362, SEPTEMBER 19, 1941, 21 COMP. GEN. 237

B-20362, SEPTEMBER 19, 1941, 21 COMP. GEN. 237

POSTMASTERS - PAYMENT FOR CIVILIAN LEAVE DURING MILITARY OR NAVAL SERVICE POSTMASTERS WHO HAVE BEEN ORDERED TO ACTIVE MILITARY OR NAVAL DUTY-- AS DISTINGUISHED FROM THOSE VOLUNTARILY ENLISTED--- AND WHOSE OFFICES HAVE BEEN FILLED BY ACTING POSTMASTERS UNDER AUTHORITY OF THE ACT OF DECEMBER 6, 1940, DURING THEIR ABSENCE ON SUCH DUTY, MAY RECEIVE COMPENSATION FOR THEIR ACCUMULATED AND CURRENT ACCRUED LEAVE (NOT TO EXCEED THE 30 DAYS ALLOWABLE IN ANY ONE FISCAL YEAR UNDER POSTAL REGULATIONS) UNDER THE AUTHORITY OF THE ACT OF AUGUST 1, 1941, RELATING TO PAYMENT OF EMPLOYEES OF THE UNITED STATES, ETC., FOR LEAVE IN THEIR CIVILIAN POSITION CONCURRENTLY WITH ACTIVE MILITARY OR NAVAL SERVICE.

COMPTROLLER GENERAL WARREN TO THE POSTMASTER GENERAL, SEPTEMBER 19, 1941:

I HAVE YOUR LETTER OF SEPTEMBER 8, 1941, AS FOLLOWS:

REFERENCE IS MADE TO THE ACT OF CONGRESS APPROVED AUGUST 1, 1941 ( PUBLIC, 202, 77TH CONGRESS), WHICH MAKES PROVISION FOR THE PAYMENT FOR ACCUMULATED OR ACCRUED ANNUAL LEAVE OF EMPLOYEES ORDERED TO ACTIVE DUTY WITH THE MILITARY OR NAVAL FORCES OF THE UNITED STATES.

YOUR DECISION IS REQUESTED AS TO THE APPLICABILITY OF THE PROVISIONS OF THIS ACT TO POSTMASTERS WHO HAVE BEEN ON ACTIVE MILITARY DUTY SINCE THE FALL OF 1940, HAVING BEEN GRANTED LEAVE WITHOUT PAY FOR THE DURATION OF SUCH SERVICE, AND WHOSE OFFICES ARE BEING ADMINISTERED BY ACTING POSTMASTERS APPOINTED AND RECEIVING THE SALARY OF THE OFFICE UNDER THE PROVISIONS OF THE ACT OF DECEMBER 6, 1940 ( PUBLIC, 887, 76TH CONGRESS).

THE ACT OF AUGUST 1, 1941, PUBLIC LAW 202, 55 STAT. 606, PROVIDES AS FOLLOWS:

THAT EMPLOYEES OF THE UNITED STATES GOVERNMENT, ITS TERRITORIES OR POSSESSIONS, OR THE DISTRICT OF COLUMBIA (INCLUDING EMPLOYEES OF ANY CORPORATION CREATED UNDER AUTHORITY OF AN ACT OF CONGRESS WHICH IS EITHER WHOLLY CONTROLLED OR WHOLLY OWNED BY THE UNITED STATES GOVERNMENT, OR ANY CORPORATION, ALL THE STOCK OF WHICH IS OWNED OR CONTROLLED BY THE UNITED STATES GOVERNMENT, OR ANY DEPARTMENT, AGENCY, OR ESTABLISHMENT THEREOF, WHETHER OR NOT THE EMPLOYEES THEREOF ARE PAID FROM FUNDS APPROPRIATED BY CONGRESS), WHO HAVE HERETOFORE OR WHO MAY HEREAFTER BE ORDERED TO ACTIVE DUTY WITH THE MILITARY OR NAVAL FORCES OF THE UNITED STATES SHALL BE ENTITLED TO RECEIVE, IN ADDITION TO THEIR MILITARY PAY, COMPENSATION IN THEIR CIVILIAN POSITIONS COVERING THEIR ACCUMULATED OR CURRENT ACCRUED LEAVE OR TO ELECT TO HAVE SUCH LEAVE REMAIN TO THEIR CREDIT UNTIL THEIR RETURN FROM ACTIVE MILITARY OR NAVAL SERVICE.

THE ACT OF DECEMBER 6, 1940, 54 STAT. 1221 ( PUBLIC, NO. 887, 76TH CONG.), PROVIDES AS FOLLOWS:

THAT SECTION 3 OF THE ACT APPROVED JUNE 25, 1938 (CH. 678, 52 STAT. 1077; U.S.C., 1934 EDITION, SUPP. V, TITLE 39, SEC. 39A) IS AMENDED BY THE ADDITION OF THE FOLLOWING: "PROVIDED FURTHER, THAT AT ANY POST OFFICE THE POSTMASTER OF WHICH HAS BEEN CALLED FOR DUTY AS A MEMBER OF THE NATIONAL GUARD OR OF THE RESERVE OF THE ARMY, NAVY, OR MARINE CORPS OR PURSUANT TO DRAFT OR VOLUNTARY ENLISTMENT, THE POSTMASTER GENERAL IS AUTHORIZED TO GRANT LEAVE OF ABSENCE WITHOUT PAY TO SUCH POSTMASTER AND TO APPOINT AN ACTING POSTMASTER AT SUCH POST OFFICE TO SERVE FOR THE PERIOD ONLY OF THE ABSENCE OF THE REGULAR POSTMASTER ON MILITARY SERVICE, REQUIRING SUCH ACTING POSTMASTER TO FURNISH SUITABLE BOND WITH SURETY FOR THE FAITHFUL PERFORMANCE OF THE DUTIES AS ACTING POSTMASTER AND RELEASING THE REGULAR POSTMASTER AND HIS SURETIES OF RESPONSIBILITY FOR THE CONDUCT OF THE OFFICE DURING SUCH PERIOD: PROVIDED FURTHER, THAT WHERE A POSTMASTER RESIGNS FOR THE PURPOSE OF MILITARY SERVICE AS HEREIN DESCRIBED AND SUBSEQUENTLY WISHES TO RESUME HIS PREVIOUS POSITION AS POSTMASTER HE MAY BE PERMITTED, UPON BEING RELEASED FROM MILITARY SERVICE, TO WITHDRAW HIS RESIGNATION AND RESUME THE OFFICE OF POSTMASTER, OR BE REAPPOINTED THERETO, IN THE EVENT THE OFFICE IS BEING CONDUCTED AT THE TIME BY AN ACTING POSTMASTER: PROVIDED FURTHER, THAT APPOINTMENTS OF ACTING POSTMASTERS TO SERVE DURING ABSENCES OF REGULAR POSTMASTERS ON LEAVE GRANTED PURSUANT TO THE TERMS OF THIS ACT SHALL BE MADE IN ACCORDANCE WITH THE CIVIL-SERVICE LAWS, RULES, AND REGULATIONS, AND SUCH APPOINTMENTS MAY CONTINUE UNTIL THE RETURN TO DUTY OF THE REGULAR POSTMASTER OR UNTIL IT HAS BEEN DETERMINED THAT THE REGULAR POSTMASTER WILL NOT RETURN TO DUTY.'

THE TREASURY AND POST OFFICE DEPARTMENTS APPROPRIATION ACT, 1941, APPROVED MARCH 25, 1940, 54 STAT. 55, 72, CONTAINS AN ITEM, AS FOLLOWS:

COMPENSATION TO POSTMASTERS.--- FOR COMPENSATION TO POSTMASTERS, INCLUDING COMPENSATION AS POSTMASTER TO PERSONS WHO, PENDING THE DESIGNATION OF AN ACTING POSTMASTER, ASSUME AND PROPERLY PERFORM THE DUTIES OF POSTMASTER IN THE EVENT OF A VACANCY IN THE OFFICE OF POSTMASTER OF THE THIRD OR FOURTH CLASS, AND FOR ALLOWANCES FOR RENT, LIGHT, FUEL, AND EQUIPMENT TO POSTMASTERS OF THE FOURTH CLASS, $49,650,000.

SEE, ALSO, THE CORRESPONDING ITEM IN THE APPROPRIATION ACT FOR THE FISCAL YEAR 1942, APPROVED MAY 31, 1941, PUBLIC LAW 88, 55 STAT. 229.

SECTION 445, SUBSECTION 5, POSTAL LAWS AND REGULATIONS, 1940, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

POSTMASTERS OF ALL CLASSES SHALL BE GRANTED LEAVE OF ABSENCE AS FOLLOWS, AND THE PROVISIONS OF THIS SECTION APPLY IN ALL RESPECTS TO ACTING POSTMASTERS:

(A) ANNUAL LEAVE.--- 15 DAYS ANNUAL LEAVE WITH PAY DURING EACH FISCAL YEAR, THE UNUSED PORTION OF WHICH IS CUMULATIVE, BUT THE TAKING OF THE SAME WILL BE LIMITED TO 30 DAYS IN ANY ONE FISCAL YEAR. SUNDAYS AND HOLIDAYS ARE EXCLUDED IN COUNTING ANNUAL LEAVE, AND SATURDAYS (OR SHORT WORKWEEK DAY OBSERVED BY THE COMMUNITY OTHER THAN SATURDAY) ARE EXCLUDED IN EXTENDED PERIODS OF A WEEK OR MORE.

IT IS UNDERSTOOD THAT SAID REGULATIONS WERE ISSUED UNDER AUTHORITY OF THE ACTS OF CONGRESS AUTHORIZING THE GRANTING OF ANNUAL LEAVE TO "EMPLOYEES IN THE POSTAL SERVICE.' SEE THE ACT OF MAY 15, 1939, 53 STAT. 745 (39 U.S.C. 823).

POSTMASTERS ARE REGARDED AS "EMPLOYEES OF THE UNITED STATES GOVERNMENT" WITHIN THE MEANING OF PUBLIC LAW 202, SUPRA. CF. DECISION DATED SEPTEMBER 3, 1941, B-13341, 21 COMP. GEN. 191. UNDER THE REGULATIONS APPROVED BY THE POSTMASTER GENERAL, POSTMASTERS ARE ENTITLED TO ACCUMULATED LEAVE NOT TO EXCEED "30 DAYS IN ANY ONE FISCAL YEAR," AND ARE CREDITED ANNUAL LEAVE (ACCRUED LEAVE) AT THE RATE OF "15 DAYS ANNUAL LEAVE WITH PAY DURING EACH FISCAL YEAR.' HENCE, IF THE POSTMASTERS ,WHO HAVE BEEN ON ACTIVE MILITARY DUTY SINCE THE FALL OF 1940" (QUOTING FROM YOUR LETTER) WERE ORDERED TO ACTIVE MILITARY DUTY THEY WOULD APPEAR TO MEET THE CONDITIONS OF PUBLIC LAW 202, AND WOULD THUS BE ENTITLED TO THE BENEFITS OF THAT STATUTE. THE TERMS OF PUBLIC LAW 202 ARE REGARDED AS IN CONFLICT WITH, AND AS SUPERSEDING, THAT PORTION OF THE ACT OF DECEMBER 6, 1940, WHICH AUTHORIZED THE POSTMASTER GENERAL TO GRANT LEAVE OF ABSENCE WITHOUT PAY TO POSTMASTERS DURING THEIR ABSENCE ON ACTIVE MILITARY DUTY TO THE EXTENT OF ANY ANNUAL LEAVE FOR WHICH PAYMENT IS AUTHORIZED TO BE MADE. THE FACT THAT THEIR OFFICES HAVE BEEN FILLED BY AN ACTING POSTMASTER TEMPORARILY DURING THEIR ABSENCE ON ACTIVE MILITARY DUTY UNDER AUTHORITY OF THE ACT OF DECEMBER 6, 1940, SUPRA, DOES NOT DEFEAT THE RIGHT OF POSTMASTERS TO RECEIVE COMPENSATION FOR THE ACCUMULATED AND CURRENT ACCRUED LEAVE TO THEIR CREDIT (NOT TO EXCEED 30 DAYS) AT THE TIME THEY WERE ORDERED TO ACTIVE MILITARY OR NAVAL DUTY, FOR WHICH THERE WOULD BE AVAILABLE ANY UNEXPENDED BALANCE OF THE LUMP SUM APPROPRIATION ITEM " COMPENSATION TO POSTMASTERS" FOR THE FISCAL YEAR 1941.

SUCH POSTMASTERS WHO VOLUNTARILY ENLISTED IN THE MILITARY OR NAVAL FORCES ARE NOT, OF COURSE, ENTITLED TO THE BENEFITS OF PUBLIC LAW 202. SEE DECISION DATED SEPTEMBER 13, 1941, B-20149, 21 COMP. GEN. 210.