B-38243, NOVEMBER 25, 1943, 23 COMP. GEN. 386

B-38243, NOVEMBER 25, 1943, 23 COMP. GEN. 386

LEAVES OF ABSENCE - SICK - APPLICATION OF MINIMUM CHARGE UNDER SECTION 13 OF THE UNIFORM SICK LEAVE REGULATIONS, PROVIDING THAT "THE MINIMUM CHARGE FOR ABSENCE ON ACCOUNT OF SICKNESS SHALL BE ONE-HALF OF A REGULAR WORK DAY * * * AND ADDITIONAL SICK LEAVE * * * SHALL BE CHARGED IN MULTIPLES OF ONE-HALF HOUR," THE MINIMUM CHARGE DOES NOT RELATE TO THE CALENDAR DAY OR DAYS WHICH MAY BE INVOLVED IN ANY PERIOD OF ABSENCE, BUT RATHER THE ENTIRE PERIOD OF ILLNESS SHOULD BE CONSIDERED AS CONTINUOUS OR AS AN ENTITY, AND, THEREFORE, AN EMPLOYEE WHO WAS ABSENT ON ACCOUNT OF SICKNESS THE LAST TWO HOURS OF A WORK DAY, THE ENTIRE NEXT DAY, AND THE FIRST FOUR HOURS OF THE FOLLOWING DAY, SHOULD BE CHARGED ONE DAY, SIX HOURS' SICK LEAVE.

COMPTROLLER GENERAL WARREN TO THE PRESIDENT, UNITED STATES CIVIL SERVICE COMMISSION, NOVEMBER 25, 1943:

I HAVE YOUR LETTER OF NOVEMBER 4, 1943, AS FOLLOWS:

SECTION 13 OF THE UNIFORM SICK LEAVE REGULATIONS READS AS FOLLOWS:

"THE MINIMUM CHARGE FOR ABSENCE ON ACCOUNT OF SICKNESS SHALL BE ONE HALF OF A REGULAR WORK DAY, WHICH MINIMUM CHARGE SHALL LIKEWISE APPLY ON SATURDAYS OR OTHER DAYS ON WHICH FOUR HOURS CONSTITUTE A FULL WORK DAY; AND ADDITIONAL SICK LEAVE AUTHORIZED ON THE SAME DAY SHALL BE CHARGED IN MULTIPLES OF ONE-HALF HOUR.'

THE COMMISSION WOULD APPRECIATE BEING ADVISED WHETHER THE MINIMUM CHARGE FOR ABSENCE ON ACCOUNT OF SICKNESS APPLIES TO EACH CALENDAR DAY OR WHETHER THE MINIMUM CHARGE APPLIES TO A CONTINUOUS PERIOD OF SICK LEAVE. FOR EXAMPLE, IF AN EMPLOYEE IS ABSENT ON ACCOUNT OF ILLNESS THE LAST TWO HOURS OF THE WORK DAY, THE ENTIRE NEXT DAY, AND RETURNS TO DUTY AFTER FOUR HOURS' ABSENCE ON THE THIRD DAY, SHOULD HE BE CHARGED ONE DAY, SIX HOURS' LEAVE, OR SHOULD HE BE CHARGED FOUR HOURS ON THE DAY HE BECAME ILL, MAKING A TOTAL OF TWO FULL WORK DAYS?

YOUR INTERPRETATION OF THIS SECTION OF THE SICK LEAVE REGULATIONS WILL BE GREATLY APPRECIATED.

IT IS FOR NOTING THAT THE MINIMUM CHARGE PROVIDED FOR IN THE REGULATION QUOTED IN YOUR LETTER DOES NOT RELATE TO THE CALENDAR DAY OR DAYS WHICH MAY BE INVOLVED IN ANY PERIOD OF ABSENCE FOR ILLNESS. SAID MINIMUM CHARGE FOR A PERIOD OF ILLNESS IS REQUIRED TO BE MEASURED AS ONE-HALF OF A (NOT THE) REGULAR WORK DAY AND IT APPEARS IMMATERIAL WHETHER SAID PERIOD OF ILLNESS INVOLVES PART OF TWO CONSECUTIVE CALENDAR DAYS. IT FOLLOWS THAT WHEN A PERIOD OF ABSENCE ON ACCOUNT OF ILLNESS INVOLVING PARTS OF TWO CONSECUTIVE WORK DAYS EXCEEDS "ONE-HALF OF A REGULAR WORK DAY" THE PERIOD OF ABSENCE IS FOR CONSIDERING AS CONTINUOUS OR AS BEING AN ENTITY AND SHOULD BE CHARGED AS SUCH--- THE TIME EXCEEDING FOUR HOURS, OF COURSE, BEING FOR CHARGING IN MULTIPLES OF ONE-HALF HOUR. HENCE, IN THE ILLUSTRATION GIVEN, THE CHARGE FOR SICK LEAVE SHOULD BE ONE DAY, SIX HOURS.