B-4780, JULY 24, 1939, 19 COMP. GEN. 96

B-4780: Jul 24, 1939

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ARE CONSTRUCTIVELY ON DUTY AT ALL TIMES. 1939: I HAVE YOUR LETTER OF JULY 6. AS FOLLOWS: POST OFFICE INSPECTORS ARE GRANTED ANNUAL AND SICK LEAVE UNDER THE PROVISIONS OF 39 U.S.C. 823 WHICH ALSO APPLIES TO OTHER EMPLOYEES OF THE POSTAL SERVICE. THIS STATUTE WAS RECENTLY AMENDED ( PUBLIC. THE EFFECTIVE DATE OF THIS ACT WAS MADE RETROACTIVE TO FEBRUARY 1. POST OFFICE INSPECTORS ARE NOT INCLUDED AMONG THE POSTAL EMPLOYEES NAMED TO RECEIVE THE BENEFITS OF THE SO-CALLED FORTY-HOUR WEEK LAW. THEY HAVE NO FIXED HOURS OF DUTY. YOUR DECISION IS ACCORDINGLY REQUESTED WHETHER INSPECTORS MUST BE PAID SALARY FOR SATURDAYS ON WHICH THEY ARE NOT ON DUTY WITHOUT CHARGING SUCH ABSENCES AS ANNUAL OR SICK LEAVE.

B-4780, JULY 24, 1939, 19 COMP. GEN. 96

LEAVES OF ABSENCE - ANNUAL AND SICK -POSTAL SERVICE EMPLOYEES - SATURDAY NONCHARGE LEGISLATION - INAPPLICABILITY TO POST OFFICE INSPECTORS THE ACT OF MAY 15, 1939, PUBLIC, NO. 78, 53 STAT. 745," GRANTING POSTAL EMPLOYEES CREDIT FOR SATURDAY IN ANNUAL AND SICK LEAVE LAW, THEREBY CONFORMING TO THE FORTY-HOUR WORKWEEK OR FIVE-DAY-WEEK LAW," DOES NOT AUTHORIZE THE EXCLUSION OF SATURDAYS IN COMPUTING THE ANNUAL AND SICK LEAVE OF POST OFFICE INSPECTORS WHO, WHEN NOT ON LEAVE, ARE CONSTRUCTIVELY ON DUTY AT ALL TIMES, AND LEAVE OF ABSENCE OF SUCH EMPLOYEES SHOULD CONTINUE TO BE CHARGED AS EXCLUSIVE OF ONLY SUNDAYS AND HOLIDAYS.

COMPTROLLER GENERAL BROWN TO THE POSTMASTER GENERAL, JULY 24, 1939:

I HAVE YOUR LETTER OF JULY 6, 1939, AS FOLLOWS:

POST OFFICE INSPECTORS ARE GRANTED ANNUAL AND SICK LEAVE UNDER THE PROVISIONS OF 39 U.S.C. 823 WHICH ALSO APPLIES TO OTHER EMPLOYEES OF THE POSTAL SERVICE. THIS STATUTE WAS RECENTLY AMENDED ( PUBLIC, NO. 78, 76TH CONGRESS, APPROVED MAY 15, 1939) AND NOW PROVIDES THAT IN ADDITION TO SUNDAYS AND HOLIDAYS ANNUAL AND SICK LEAVE OF POSTAL EMPLOYEES SHALL BE EXCLUSIVE OF SATURDAYS. THE EFFECTIVE DATE OF THIS ACT WAS MADE RETROACTIVE TO FEBRUARY 1, 1939.

POST OFFICE INSPECTORS ARE NOT INCLUDED AMONG THE POSTAL EMPLOYEES NAMED TO RECEIVE THE BENEFITS OF THE SO-CALLED FORTY-HOUR WEEK LAW; FURTHERMORE, THEY HAVE NO FIXED HOURS OF DUTY, BEING CONSTRUCTIVELY ON DUTY AT ALL TIMES. THE ACT OF MAY 15, 1939, WOULD SEEM TO REQUIRE THAT INSPECTORS ABSENT FROM DUTY ON SATURDAYS SHALL NOT BE CHARGED WITH ANNUAL OR SICK LEAVE YET THERE SEEMS TO BE NO STATUTORY PROVISION LIMITING THEIR WORKWEEK.

YOUR DECISION IS ACCORDINGLY REQUESTED WHETHER INSPECTORS MUST BE PAID SALARY FOR SATURDAYS ON WHICH THEY ARE NOT ON DUTY WITHOUT CHARGING SUCH ABSENCES AS ANNUAL OR SICK LEAVE. A PROMPT REPLY WILL BE APPRECIATED.

IN DECISION OF JUNE 5, 1939, TO YOU, B-93, 18 COMP. GEN. 904, THERE WAS CONSIDERED THE QUESTION WHETHER THE ACT OF MAY 15, 1939, PUBLIC, 78, 53 STAT. 745, PROVIDING THAT SATURDAYS AS WELL AS SUNDAYS AND HOLIDAYS SHALL BE EXCLUDED IN COMPUTING THE ANNUAL AND SICK LEAVE CREDIT OF POSTAL EMPLOYEES, SHOULD BE APPLIED TO RURAL CARRIERS WHO ARE NOT WITHIN THE PURVIEW OF THE 40-HOUR WEEK LAW APPLICABLE TO CERTAIN CLASSES OF POSTAL EMPLOYEES (ACT OF AUGUST 14, 1935, 49 STAT. 650, AS AMENDED BY THE ACT OF AUGUST 16, 1937, 50 STAT. 651). THE DECISION CONCLUDED AS FOLLOWS:

YOU ARE ADVISED, THEREFORE, THAT IN VIEW OF THE TITLE OF THE AMENDATORY ACT OF MAY 15, 1939, AND THE LEGISLATIVE HISTORY OF SAID ACT, IT IS NOT TO BE REGARDED AS AUTHORIZING THE EXCLUSION OF SATURDAYS IN COMPUTING THE ANNUAL AND SICK LEAVE OF RURAL CARRIERS WHO, WHEN NOT ON LEAVE, ARE REQUIRED TO WORK ON SATURDAYS. HENCE, THE LEAVE OF ABSENCE OF SUCH EMPLOYEES SHOULD CONTINUE TO BE CHARGED AS EXCLUSIVE OF ONLY SUNDAYS AND HOLIDAYS.

FOR THE REASONS STATED IN SAID DECISION, THE QUESTION IN THE CONCLUDING PARAGRAPH OF YOUR LETTER IS ANSWERED IN THE NEGATIVE.