B-20618, SEPTEMBER 25, 1941, 21 COMP. GEN. 258

B-20618: Sep 25, 1941

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THE ANNUAL LEAVE OF ABSENCE FOR WHICH PAYMENT IS AUTHORIZED. THE PERIOD IMMEDIATELY FOLLOWING THE LAST DAY OF ACTIVE SERVICE IN A CIVILIAN POSITION IS THE PERIOD FOR WHICH PAYMENT MAY BE MADE TO EMPLOYEES FOR ANNUAL LEAVE. THE FISCAL YEAR SALARY APPROPRIATION CHARGEABLE WITH THE PAYMENT IS THE ONE WHICH WOULD HAVE BEEN AVAILABLE HAD THE LEAVE BEEN GRANTED IN ADVANCE FOR SUCH PERIOD. IF THE UNOBLIGATED BALANCE IN THE FISCAL YEAR APPROPRIATION CHARGEABLE IS INSUFFICIENT TO PAY THE OBLIGATION CREATED BY THE ACT OF AUGUST 1. 1941: I HAVE YOUR LETTER OF SEPTEMBER 18. READS IN PERTINENT PART AS FOLLOWS: "* * * THAT EMPLOYEES OF THE UNITED STATES GOVERNMENT * * * 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.

B-20618, SEPTEMBER 25, 1941, 21 COMP. GEN. 258

OFFICERS AND EMPLOYEES - PAYMENT FOR CIVILIAN LEAVE DURING MILITARY OR NAVAL SERVICE - PROCEDURE; APPROPRIATION AVAILABILITY; ETC. THE ANNUAL LEAVE OF ABSENCE FOR WHICH PAYMENT IS AUTHORIZED, CONCURRENTLY WITH ACTIVE MILITARY OR NAVAL SERVICE, BY THE ACT OF AUGUST 1, 1941, MUST BE APPLIED FOR, ADMINISTRATIVELY GRANTED AND COMPUTED SAME AS IN ANY OTHER CASE OF ANNUAL LEAVE, EXCEPT THAT IT NEED NOT BE APPLIED FOR OR GRANTED IN ADVANCE. THE PERIOD IMMEDIATELY FOLLOWING THE LAST DAY OF ACTIVE SERVICE IN A CIVILIAN POSITION IS THE PERIOD FOR WHICH PAYMENT MAY BE MADE TO EMPLOYEES FOR ANNUAL LEAVE, CONCURRENTLY WITH ACTIVE MILITARY OR NAVAL SERVICE, PURSUANT TO THE ACT OF AUGUST 1, 1941, AND THE FISCAL YEAR SALARY APPROPRIATION CHARGEABLE WITH THE PAYMENT IS THE ONE WHICH WOULD HAVE BEEN AVAILABLE HAD THE LEAVE BEEN GRANTED IN ADVANCE FOR SUCH PERIOD, THE CHARGE TO BE APPORTIONED IF THE LEAVE FALLS IN TWO FISCAL YEARS. IF THE UNOBLIGATED BALANCE IN THE FISCAL YEAR APPROPRIATION CHARGEABLE IS INSUFFICIENT TO PAY THE OBLIGATION CREATED BY THE ACT OF AUGUST 1, 1941, AUTHORIZING PAYMENTS TO EMPLOYEES FOR LEAVE IN CIVILIAN POSITIONS CONCURRENTLY WITH ACTIVE MILITARY OR NAVAL SERVICE, THE VOUCHERS COVERING SUCH PAYMENTS SHOULD NOT BE FORWARDED TO THIS OFFICE AS CLAIMS FOR DIRECT SETTLEMENT, BUT, RATHER, THE ADMINISTRATIVE OFFICE SHOULD TAKE STEPS TO OBTAIN A SUPPLEMENTAL OR DEFICIENCY APPROPRIATION.

COMPTROLLER GENERAL WARREN TO THE CHAIRMAN, INTERSTATE COMMERCE COMMISSION, SEPTEMBER 25, 1941:

I HAVE YOUR LETTER OF SEPTEMBER 18, 1941, AS FOLLOWS:

PUBLIC LAW NO. 202, 77TH CONGRESS, APPROVED AUGUST 1, 1941, READS IN PERTINENT PART AS FOLLOWS:

"* * * THAT EMPLOYEES OF THE UNITED STATES GOVERNMENT * * * 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 * * *.'

A NUMBER OF THE EMPLOYEES OF THE INTERSTATE COMMERCE COMMISSION, WHO WERE ORDERED TO ACTIVE DUTY PRIOR TO JULY 1, 1941, HAVE APPLIED FOR COMPENSATION AS PROVIDED IN THE LAW AS ABOVE QUOTED.

IT SO HAPPENS THAT IN A NUMBER OF THE CASES REFERRED TO THE TOTAL AMOUNT OF ACCUMULATED AND ACCRUED ANNUAL LEAVE COULD HAVE BEEN TAKEN, HAD IT BEEN APPLIED FOR, PRIOR TO JULY 1, WHILE IN ANOTHER CASE PART WOULD HAVE BEEN TAKEN PRIOR TO JULY 1, AND A PART SUBSEQUENT TO JULY 1.

HAD IT BEEN POSSIBLE FOR THE EMPLOYEES IN THE FIRST DESCRIBED INSTANCE TO TAKE THEIR LEAVE, THEIR SALARIES WOULD HAVE BEEN PAID ENTIRELY OUT OF THE APPROPRIATION AVAILABLE AT THAT TIME--- VIZ. 1941 FISCAL YEAR. HOWEVER, IN THE SECOND INSTANCE PART WOULD HAVE BEEN PAID OUT OF THE 1941 FISCAL YEAR APPROPRIATION AND PART OUT OF THAT FOR 1942.

INASMUCH AS WE WILL PROBABLY HAVE A CONSIDERABLE NUMBER OF APPLICATIONS FOR PAYMENTS UNDER THE LAW AS CITED IN ADDITION TO THOSE ALREADY RECEIVED, YOUR DECISION IS REQUESTED FIRST IN REGARD TO THOSE CASES WHERE ALL THE LEAVE WOULD HAVE BEEN TAKEN IN THE 1941 FISCAL YEAR, WHETHER OR NOT THE UNOBLIGATED BALANCES IN THOSE APPROPRIATIONS ARE AVAILABLE, AND SHOULD BE CHARGED WITH THE FULL AMOUNT PAYABLE. SECOND, WHERE THE LEAVE WOULD HAVE BEEN TAKEN PARTLY IN THE 1941 FISCAL YEAR AND PARTLY IN THE 1942 FISCAL YEAR, IF THE AMOUNT PAYABLE SHOULD BE DIVIDED PROPORTIONATELY BETWEEN THE TWO FISCAL YEARS, AND THIRD IF YOUR DECISION IS THAT SUCH LEAVE AS WOULD HAVE BEEN TAKEN PRIOR TO JULY 1, 1941, IS CHARGEABLE AGAINST 1941 FUNDS SHOULD VOUCHERS BE SUBMITTED AS A CLAIM IF THERE IS NOT A SUFFICIENT UNOBLIGATED BALANCE AVAILABLE IN THE APPROPRIATION SOUGHT TO BE CHARGED.

YOUR EARLY DECISION IN THIS MATTER WILL BE APPRECIATED, AS WE ARE HOLDING A NUMBER OF CLAIMS, PENDING ITS RECEIPT.

THE ANNUAL LEAVE OF ABSENCE FOR WHICH PAYMENT IS AUTHORIZED BY THE ACT OF AUGUST 1, 1941, 55 STAT. 616, MUST BE APPLIED FOR, ADMINISTRATIVELY GRANTED AND COMPUTED THE SAME AS IN ANY OTHER CASE OF ANNUAL LEAVE, EXCEPT, OF COURSE, THAT IT NEED NOT BE APPLIED FOR OR GRANTED IN ADVANCE. THE PERIOD IMMEDIATELY FOLLOWING THE LAST DAY OF ACTIVE SERVICE IN A CIVILIAN POSITION IS THE PERIOD FOR WHICH COMPENSATION IS PAYABLE, AND TO THE EXTENT COVERED BY ACCUMULATED AND ACCRUED GRANTED LEAVE, WITH CREDIT FOR SUNDAYS AND OTHER NONWORK DAYS. B-20149, SEPTEMBER 13, 1941, 21 COMP. GEN. 210.

WITH RESPECT TO FISCAL YEAR APPROPRIATIONS TO BE CHARGED, SECTION 3690, REVISED STATUTES, PROVIDES:

ALL BALANCES OF APPROPRIATIONS CONTAINED IN THE ANNUAL APPROPRIATION BILLS AND MADE SPECIFICALLY FOR THE SERVICE OF ANY FISCAL YEAR, AND REMAINING UNEXPENDED AT THE EXPIRATION OF SUCH FISCAL YEAR, SHALL ONLY BE APPLIED TO THE PAYMENT OF EXPENSES PROPERLY INCURRED DURING THAT YEAR, OR TO THE FULFILLMENT OF CONTRACTS PROPERLY MADE WITHIN THAT YEAR; AND BALANCES NOT NEEDED FOR SUCH PURPOSES SHALL BE CARRIED TO THE SURPLUS FUND. THIS SECTION, HOWEVER, SHALL NOT APPLY TO APPROPRIATIONS KNOWN AS PERMANENT OR INDEFINITE APPROPRIATIONS.

AS THE ACT OF AUGUST 1, 1941,NOT SPECIFICALLY DESIGNATE THE FISCAL YEAR APPROPRIATION TO BE CHARGED WITH THE OBLIGATION CREATED THEREBY, THE APPROPRIATION PROPERLY FOR CHARGING IS THE ONE WHICH WOULD HAVE BEEN AVAILABLE HAD THE LEAVE BEEN GRANTED IN ADVANCE FOR THE PERIOD IMMEDIATELY FOLLOWING THE LAST DAY OF SERVICE IN THE CIVILIAN POSITION; THAT IS TO SAY, COMPENSATION FOR SO MUCH OF THE PERIOD OF SUCH LEAVE AS WAS WITHIN THE FISCAL YEAR 1941 IS FOR PAYMENT UNDER THE APPLICABLE SALARY APPROPRIATION FOR THAT FISCAL YEAR IF A SUFFICIENT BALANCE REMAINS AVAILABLE. SEE 7 COMP. GEN. 751. HOWEVER, IF FUNDS BE NOT AVAILABLE FOR PAYMENT OF SUCH OBLIGATIONS, THE MATTER IS FOR TAKING UP BY THE ADMINISTRATIVE OFFICE IN THE USUAL MANNER, LOOKING TO THE OBTAINING OF A SUPPLEMENTAL OR DEFICIENCY APPROPRIATION, AND NOT FOR FORWARDING HERE AS CLAIMS FOR DIRECT SETTLEMENT. COMPENSATION FOR SUCH PORTION OF THE LEAVE AS FALLS WITHIN THE FISCAL YEAR 1942 WILL, OF COURSE, BE CHARGEABLE TO, AND PAID UNDER, THE 1942 APPROPRIATION.