B-41585, MAY 5, 1944, 23 COMP. GEN. 848

B-41585: May 5, 1944

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WHICH WOULD HAVE BEEN EARNED DURING THE NUMBER OF DAYS OF SUSPENSION HAD THE EMPLOYEE WORKED. THAT IS. PROVIDING THAT LEAVE SHALL NOT ACCRUE DURING ANY PERIOD OF SUSPENSION FOR DISCIPLINARY REASONS WHICH IS IN EXCESS OF 3 DAYS. TEMPORARY AND INDEFINITE EMPLOYEES SUSPENDED FOR DISCIPLINARY REASONS FOR A PERIOD OF MORE THAN 3 DAYS WOULD LOSE ANNUAL AND SICK LEAVE CREDIT FOR THE SERVICE MONTH IN WHICH THEY WERE SUSPENDED. 944: I HAVE YOUR LETTER OF APRIL 22. WHICH READS: "LEAVE SHALL NOT ACCRUE DURING ANY PERIOD OF SUSPENSION FOR DISCIPLINARY REASONS WHICH IS IN EXCESS OF THREE DAYS.' (1) WHAT PROCEDURE SHOULD BE FOLLOWED IN REDUCING LEAVE CREDITS DURING A PERIOD OF SUSPENSION? (2) WOULD THE MINIMUM REDUCTION OF ANNUAL LEAVE CREDITS BE THE HOURLY EQUIVALENT OF ONE-HALF DAY TO CORRESPOND TO THE MINIMUM CREDIT FOR ANNUAL LEAVE?

B-41585, MAY 5, 1944, 23 COMP. GEN. 848

LEAVES OF ABSENCE - REDUCTIONS IN LEAVE CREDITS DURING PERIOD OF SUSPENSION THE REDUCTION IN LEAVE CREDITS REQUIRED BY SECTION 4.4 OF THE ANNUAL AND SICK LEAVE REGULATIONS FOR PERIODS OF SUSPENSION IN EXCESS OF 3 DAYS SHOULD BE BASED UPON THE MINIMUM CREDITS, AUTHORIZED BY THE TABLES ISSUED IN CONNECTION WITH CIVIL SERVICE COMMISSION DEPARTMENTAL CIRCULAR NO. 471, WHICH WOULD HAVE BEEN EARNED DURING THE NUMBER OF DAYS OF SUSPENSION HAD THE EMPLOYEE WORKED, THAT IS, A REDUCTION OF 4 HOURS' CREDIT--- THE MINIMUM CREDIT FOR ANNUAL LEAVE--- SHOULD BE MADE IN ANNUAL LEAVE FOR A PERIOD OF SUSPENSION OF A PERMANENT EMPLOYEE OF FROM 4 THROUGH 14 DAYS, A REDUCTION OF 8 HOURS FOR A PERIOD OF SUSPENSION FROM 15 THROUGH 21 DAYS, ETC., TOGETHER WITH A REDUCTION IN SICK LEAVE CREDIT ON THE BASIS OF THE SICK LEAVE SHOWN FOR PERMANENT EMPLOYEES. UNDER SECTION 4.4 OF THE ANNUAL AND SICK LEAVE REGULATIONS, PROVIDING THAT LEAVE SHALL NOT ACCRUE DURING ANY PERIOD OF SUSPENSION FOR DISCIPLINARY REASONS WHICH IS IN EXCESS OF 3 DAYS, TEMPORARY AND INDEFINITE EMPLOYEES SUSPENDED FOR DISCIPLINARY REASONS FOR A PERIOD OF MORE THAN 3 DAYS WOULD LOSE ANNUAL AND SICK LEAVE CREDIT FOR THE SERVICE MONTH IN WHICH THEY WERE SUSPENDED. THE REDUCTION IN LEAVE CREDIT REQUIRED UNDER SECTION 4.4 OF THE ANNUAL AND SICK LEAVE REGULATIONS FOR A PERIOD OF SUSPENSION FOR DISCIPLINARY REASONS IN EXCESS OF 3 DAYS, AND THE REDUCTION REQUIRED BY SECTION 4.3 OF SAID REGULATIONS ON ACCOUNT OF LEAVE OF ABSENCE WITHOUT PAY OF 15 OR MORE DAYS DURING A CALENDAR YEAR, SHOULD BE MADE SEPARATELY, OTHERWISE THERE WOULD RESULT A DOUBLE REDUCTION.

COMPTROLLER GENERAL WARREN TO THE PRESIDENT, UNITED STATES CIVIL SERVICE COMMISSION, MAY 5, 944:

I HAVE YOUR LETTER OF APRIL 22, 1944, AS FOLLOWS:

THE COMMISSION RESPECTFULLY REQUESTS YOUR DECISION ON THE FOLLOWING QUESTIONS ARISING UNDER SECTION 4.4 OF EXECUTIVE ORDER NO. 9414, JANUARY 13, 1944 ( REGULATIONS RELATING TO ANNUAL AND SICK LEAVE OF GOVERNMENT EMPLOYEES), WHICH READS:

"LEAVE SHALL NOT ACCRUE DURING ANY PERIOD OF SUSPENSION FOR DISCIPLINARY REASONS WHICH IS IN EXCESS OF THREE DAYS.'

(1) WHAT PROCEDURE SHOULD BE FOLLOWED IN REDUCING LEAVE CREDITS DURING A PERIOD OF SUSPENSION?

(2) WOULD THE MINIMUM REDUCTION OF ANNUAL LEAVE CREDITS BE THE HOURLY EQUIVALENT OF ONE-HALF DAY TO CORRESPOND TO THE MINIMUM CREDIT FOR ANNUAL LEAVE? IF SO, WOULD AN EMPLOYEE SUSPENDED FOR FOUR DAYS BE SUBJECT TO A REDUCTION OF FOUR HOURS' CREDIT?

(3) WHAT WOULD THE REDUCTION BE FOR TWELVE DAYS SUSPENSION, OR FOR TWENTY -EIGHT DAYS SUSPENSION?

(4) WHEN AN EMPLOYEE IS SUSPENDED FOR DISCIPLINARY REASONS FOR A PERIOD OF FOURTEEN DAYS AND IS SUBSEQUENTLY ABSENT ON LEAVE-WITHOUT-PAY FOR ONE DAY, SHOULD HIS LEAVE CREDITS BE REDUCED FOR THE PERIOD OF SUSPENSION IN ACCORDANCE WITH SECTION 4.4; AND ALSO ONE DAY'S ANNUAL LEAVE AND ONE-HALF DAY'S SICK LEAVE FOR THE AGGREGATE PERIOD OF FIFTEEN DAYS IN ACCORDANCE WITH SECTION 4.3 OF THE REGULATIONS? IN OTHER WORDS, WHEN THE COMBINED PERIOD OF SUSPENSION AND ABSENCE ON LEAVE WITHOUT PAY AGGREGATES FIFTEEN DAYS, ARE REDUCTIONS TO BE MADE UNDER BOTH SECTION 4.3 AND SECTION 4.4 OF THE REGULATIONS?

AN EARLY REPLY TO THE FOREGOING QUESTIONS WILL BE APPRECIATED.

THE REDUCTION REQUIRED OF LEAVE CREDITS FOR ANY PERIOD OF SUSPENSION FOR DISCIPLINARY REASONS IN EXCESS OF 3 DAYS APPEARS TO INVOLVE A CHARGE AGAINST LEAVE CREDITS ALREADY EARNED RATHER THAN AN ORIGINAL CREDIT OF LEAVE ON THE BASIS OF THE MINIMUM CREDIT AS SHOWN IN THE TABLES ISSUED BY THE CIVIL SERVICE COMMISSION IN CONNECTION WITH DEPARTMENTAL CIRCULAR NO. 471, DATED FEBRUARY 26, 1944, CONSIDERED BY THIS OFFICE IN DECISION OF FEBRUARY 11, 1944, B-39904. HOWEVER, IN THE ABSENCE OF ANY OTHER FORMULA APPEARING IN THE REGULATIONS OR OTHERWISE, AND IN ORDER TO HARMONIZE THE PROCEDURE FOR THE REDUCTION OF LEAVE CREDITS COVERING PERIODS OF SUSPENSION WITH THE CREDITS OF LEAVE--- THEREBY MAKING AVAILABLE THE EXISTING TABLES FOR SUCH PURPOSE, RATHER THAN REQUIRING NEW TABLES SHOWING THE ACTUAL AMOUNT OF LEAVE THAT WOULD HAVE BEEN EARNED DURING A PERIOD OF SUSPENSION HAD THE EMPLOYEE WORKED, SUCH AS THE UNOFFICIAL TABLES IN USE UNDER THE LEAVE REGULATIONS IN FORCE PRIOR TO JANUARY 1, 1944--- THE REDUCTION IN LEAVE CREDITS FOR PERIODS OF SUSPENSION SHOULD BE BASED UPON THE MINIMUM CREDITS AUTHORIZED BY THE TABLES ISSUED IN CONNECTION WITH SAID DEPARTMENTAL CIRCULAR NO. 471 WHICH WOULD HAVE BEEN EARNED DURING THE NUMBER OF DAYS OF SUSPENSION HAD THE EMPLOYEE WORKED. THAT IS TO SAY, A REDUCTION OF 4 HOURS' CREDIT, THE MINIMUM CREDIT FOR ANNUAL LEAVE, SHOULD BE MADE IN ANNUAL LEAVE FOR A PERIOD OF SUSPENSION OF A PERMANENT EMPLOYEE OF FROM 4 THROUGH 14 DAYS, A REDUCTION OF 8 HOURS' ANNUAL LEAVE CREDIT FOR A PERIOD OF SUSPENSION OF FROM 15 THROUGH 21 DAYS, A REDUCTION OF 12 HOURS' ANNUAL LEAVE CREDIT FOR A PERIOD OF SUSPENSION OF FROM 22 THROUGH 29 DAYS, AND A REDUCTION OF 16 HOURS' ANNUAL LEAVE CREDIT FOR A PERIOD OF SUSPENSION OF 30 DAYS OR ONE CALENDAR MONTH. REDUCTION IN SICK LEAVE CREDITS DURING PERIODS OF SUSPENSION OF PERMANENT EMPLOYEES SHOULD BE MADE CORRESPONDINGLY ON THE BASIS OF THE SICK LEAVE TABLE SHOWN FOR PERMANENT EMPLOYEES. TEMPORARY AND INDEFINITE EMPLOYEES WOULD LOSE ANNUAL AND SICK LEAVE CREDIT FOR THE SERVICE MONTH IN WHICH THEY WERE SUSPENDED FOR DISCIPLINARY REASONS FOR A PERIOD OF MORE THAN 3 DAYS. QUESTION 1 IS ANSWERED ACCORDINGLY.

BASED UPON THE ABOVE STATED PROCEDURE, BOTH PARTS OF QUESTION 2 ARE ANSWERED IN THE AFFIRMATIVE.

REFERRING TO QUESTION 3, THE REDUCTION OF ANNUAL LEAVE CREDIT FOR A PERIOD OF SUSPENSION OF 12 DAYS OF A PERMANENT EMPLOYEE WOULD BE 4 HOURS AND THE REDUCTION OF SICK LEAVE CREDIT FOR THE SAME SUSPENSION WOULD BE 4 HOURS. FOR A PERIOD OF SUSPENSION OF 28 DAYS OF A PERMANENT EMPLOYEE, THE REDUCTION IN ANNUAL LEAVE CREDIT WOULD BE 12 HOURS AND IN SICK LEAVE CREDIT, 9 HOURS.

REDUCTIONS OF LEAVE CREDITS UNDER SECTION 4.3 AND 4.4 OF THE REGULATIONS SHOULD BE MADE SEPARATELY, OTHERWISE THERE WOULD RESULT A DOUBLE REDUCTION. COMPARE QUESTION AND ANSWER 4, DECISION OF APRIL 15, 1944, B- 41136, 23 COMP. GEN. 789, TO YOU. ACCORDINGLY, QUESTION 4 IS ANSWERED IN THE NEGATIVE.