B-20770, OCTOBER 8, 1941, 21 COMP. GEN. 310

B-20770: Oct 8, 1941

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OFFICERS AND EMPLOYEES - PAYMENT FOR CIVILIAN LEAVE DURING ACTIVE MILITARY OR NAVAL SERVICE - RATE OF COMPENSATION AN EMPLOYEE WHO WAS REDUCED IN GRADE AND SALARY SIMULTANEOUSLY WITH HIS RELEASE FROM ACTIVE CIVILIAN SERVICE UNDER ORDERS TO ENTER THE ACTIVE MILITARY SERVICE MAY BE PAID COMPENSATION FOR HIS ACCUMULATED AND CURRENT ACCRUED CIVILIAN LEAVE. 1941: I HAVE YOUR LETTER OF SEPTEMBER 23. REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 13. HE IS REDUCED TO HIS FORMER PERMANENT POSITION AND THEN FURLOUGHED FOR THE DURATION OF HIS MILITARY OR NAVAL SERVICE. THIS REDUCTION IS ACCOMPLISHED IN THE SAME INSTRUMENT WITH THE FURLOUGH. THE SECRETARY OF WAR DIRECTS ME TO NOTIFY YOU THAT YOU ARE HEREBY REDUCED FROM CCC ADMINISTRATIVE ASSISTANT (CAF-8) AT $2.

B-20770, OCTOBER 8, 1941, 21 COMP. GEN. 310

OFFICERS AND EMPLOYEES - PAYMENT FOR CIVILIAN LEAVE DURING ACTIVE MILITARY OR NAVAL SERVICE - RATE OF COMPENSATION AN EMPLOYEE WHO WAS REDUCED IN GRADE AND SALARY SIMULTANEOUSLY WITH HIS RELEASE FROM ACTIVE CIVILIAN SERVICE UNDER ORDERS TO ENTER THE ACTIVE MILITARY SERVICE MAY BE PAID COMPENSATION FOR HIS ACCUMULATED AND CURRENT ACCRUED CIVILIAN LEAVE, CONCURRENTLY WITH ACTIVE MILITARY PAY, UNDER THE ACT OF AUGUST 1, 1941, ONLY AT THE REDUCED RATE APPLICABLE TO THE POSITION ACTUALLY HELD AT THE TIME HE ENTERED THE MILITARY SERVICE.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF WAR, OCTOBER 8, 1941:

I HAVE YOUR LETTER OF SEPTEMBER 23, 1941, AS FOLLOWS:

1. REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 13, 1941, (B 20149) IN ANSWER TO THE DEPARTMENT'S LETTER OF AUGUST 27, 1941, ANSWERING CERTAIN QUESTIONS REGARDING PAYMENTS TO CIVILIAN EMPLOYEES FOR ACCUMULATED OR CURRENT ACCRUED LEAVE WHEN ORDERED TO ACTIVE MILITARY OR NAVAL DUTY, UNDER THE ACT OF AUGUST 1, 1941 ( PUBLIC 202, 77TH CONGRESS).

2. THE DEPARTMENT FOLLOWS THE ADMINISTRATIVE POLICY, WHEN PRACTICABLE, OF FILLING A POSITION WHICH HAS BEEN VACATED BY AN EMPLOYEE ORDERED TO ACTIVE MILITARY OR NAVAL DUTY, BY REASSIGNING ANOTHER EMPLOYEE TO THE POSITION PENDING THE RETURN OF THE FIRST EMPLOYEE CALLED TO ACTIVE DUTY. SHOULD THIS SECOND EMPLOYEE ALSO BE CALLED TO ACTIVE DUTY, HE IS REDUCED TO HIS FORMER PERMANENT POSITION AND THEN FURLOUGHED FOR THE DURATION OF HIS MILITARY OR NAVAL SERVICE. THIS REDUCTION IS ACCOMPLISHED IN THE SAME INSTRUMENT WITH THE FURLOUGH, AND THE EMPLOYEE DOES NOT RECEIVE PAY IN THE POSITION TO WHICH REDUCED. THE INSTRUMENT USED IN THESE CASES READS AS FOLLOWS:

"IN VIEW OF YOUR HAVING BEEN CALLED TO ACTIVE MILITARY (OR NAVAL) DUTY, THE SECRETARY OF WAR DIRECTS ME TO NOTIFY YOU THAT YOU ARE HEREBY REDUCED FROM CCC ADMINISTRATIVE ASSISTANT (CAF-8) AT $2,900 PER ANNUM TO YOUR FORMER PERMANENT POSITION OF CCC PRINCIPAL CLERK (CAF-6) AT $2,300 PER ANNUM, AND FURLOUGHED FOR THE DURATION OF SUCH MILITARY (OR NAVAL) DUTY, EFFECTIVE AT THE CLOSE OF BUSINESS MAY 19, 1941.'

3. IN YOUR LETTER OF SEPTEMBER 13, 1941, YOU STATED THAT "THE ACCRUED ANNUAL LEAVE PAYMENT AUTHORIZED BY THE ACT OF AUGUST 1, 1941, APPEARS PROPERLY FOR COMPUTING UPON THE SAME BASIS AS THOUGH THE EMPLOYEES REMAIN IN THE SERVICE ON A DUTY STATUS IN THEIR CIVILIAN POSITIONS, WITH CREDIT FOR SUNDAYS AND OTHER NONWORK DAYS ALLOWED.' IN VIEW OF THE ADMINISTRATIVE POLICY DESCRIBED IN PARAGRAPH 2 AND THE ABOVE QUOTED WORDING, A DECISION IS REQUESTED AS TO WHETHER PAYMENT FOR ACCUMULATED OR CURRENT ACCRUED LEAVE CAN BE MADE IN THE HIGHER POSITION WHICH THE EMPLOYEE WAS HOLDING SUBJECT TO THE RETURN OF A FURLOUGHED EMPLOYEE, OR WHETHER THE DEPARTMENT IS REQUIRED TO MAKE PAYMENT FOR SUCH LEAVE AT THE SALARY RATE OF HIS FORMER POSITION TO WHICH HE WAS REDUCED AT THE TIME OF FURLOUGH.

4. FOR YOUR INFORMATION, THE DEPARTMENT WILL FOLLOW A POLICY IN THE FUTURE OF GIVING AN EMPLOYEE, WHO IS ORDERED TO ACTIVE MILITARY OR NAVAL DUTY, HIS LEAVE BENEFITS IN THE HIGHER POSITION BY RETAINING HIM IN THAT POSITION UNTIL HIS LEAVE APPLIED FOR IS EXHAUSTED AND THEN REDUCING HIM TO HIS FORMER PERMANENT POSITION AND PLACING HIM ON FURLOUGH.

IN MY DECISION OF SEPTEMBER 25, 1941, B-20618, 21 COMP. GEN. 258, TO THE CHAIRMAN, INTERSTATE COMMERCE COMMISSION, IT WAS STATED, IN PERTINENT PART, AS FOLLOWS:

THE ANNUAL LEAVE OF ABSENCE FOR WHICH PAYMENT IS AUTHORIZED BY THE ACT OF AUGUST 1, 1941, 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.

IN DECISION OF JUNE 22, 1941, 19 COMP. GEN. 1015, IT WAS HELD AS FOLLOWS (QUOTING FROM THE SYLLABUS):

COMPENSATION IS PAYABLE DURING LEAVE OF ABSENCE AT THE RATE APPLICABLE TO THE POSITION FROM WHICH THE EMPLOYEE IS EXCUSED FROM DUTY AND NOT AT THE RATE PAYABLE FOR THE PERIOD DURING WHICH THE LEAVE IS EARNED.

PERMANENT EMPLOYEES OF THE ALASKA RAILROAD WHO ARE TEMPORARILY REASSIGNED OR PROMOTED TO POSITIONS AT HIGHER SALARY RATES, AND WHO ARE RETURNED TO THEIR FORMER POSITION PRIOR TO THE EFFECTIVE DATE OF GRANTED ANNUAL LEAVE, ARE ENTITLED TO COMPENSATION FOR THE LEAVE SO TAKEN ONLY AT THE RATE APPLICABLE TO THE POSITION TO WHICH RETURNED EVEN THOUGH NO DUTY BE PERFORMED UNDER SUCH REASSIGNMENT OR RETURN BEFORE THE LEAVE IS TAKEN.

SEE ALSO 15 COMP. GEN. 879; 16 ID. 865; 17 ID. 641; ID. 906.

IN THE LIGHT OF THE DECISIONS, SUPRA, IT MUST BE CONCLUDED THAT AN EMPLOYEE WHO WAS REDUCED IN GRADE AND SALARY SIMULTANEOUSLY WITH HIS RELEASE FROM ACTIVE CIVILIAN SERVICE UNDER ORDERS TO ENTER THE ACTIVE MILITARY SERVICE MAY BE PAID COMPENSATION UNDER THE TERMS OF THE ACT OF AUGUST 1, 1941, PUBLIC LAW 202, 55 STAT. 616, COVERING THE PERIOD OF ANNUAL LEAVE, ONLY AT THE REDUCED RATE APPLICABLE TO THE POSITION ACTUALLY HELD AT THE TIME HE ENTERED THE MILITARY SERVICE--- IN THE ILLUSTRATION GIVEN AT $2,300 PER ANNUM.