B-51306, JULY 31, 1945, 25 COMP. GEN. 147

B-51306, JULY 31, 1945, 25 COMP. GEN. 147

LEAVES OF ABSENCE - ACCRUAL DURING NONPAY STATUS - EFFECT OF FEDERAL EMPLOYEES PAY ACT OF 1945 IN APPLYING THE PROVISIONS OF SECTION 4.3 OF THE ANNUAL AND SICK LEAVE REGULATIONS, RESPECTING REDUCTIONS IN LEAVE CREDITS FOR ABSENCES "IN A NONPAY STATUS," IN THE LIGHT OF THE FEDERAL EMPLOYEES OF 1945, THERE SHOULD BE COUNTED ALL DAYS IN A NONPAY STATUS DURING AN ADMINISTRATIVE WORKWEEK ON WHICH AN EMPLOYEE REGULARLY WORKS AND RECEIVES COMPENSATION, INCLUDING SATURDAY THE ,OVERTIME" DAY (TO BE REGARDED AS ONE DAY WHETHER 4 OR 8 HOURS' SERVICE BE REQUIRED;) AND ALL NONPAY DAYS, INCLUDING SUNDAYS, WITHIN A PERIOD OF LEAVE WITHOUT PAY, AS DISTINGUISHED FROM THOSE AT THE BEGINNING OR END OF SUCH PERIOD.

COMPTROLLER GENERAL WARREN TO THE DIRECTOR, OFFICE OF CENSORSHIP, JULY 31, 1945:

I HAVE YOUR LETTER OF JULY 23, 1945, AS FOLLOWS:

INTERPRETATION OF SECTION 4.3 OF THE ANNUAL AND SICK LEAVE REGULATIONS, UNDER THE FEDERAL EMPLOYEES PAY ACT OF 1945, WILL BE APPRECIATED. THIS SECTION PROVIDES FOR A REDUCTION IN LEAVE CREDITS "WHENEVER A PERMANENT EMPLOYEE IS ABSENT 15 OR MORE DAYS DURING A CALENDAR YEAR IN A NONPAY STATUS * * * .' DOES THIS REFER ONLY TO DAYS IN THE BASIC WORKWEEK FOR WHICH LEAVE WITHOUT PAY IS CHARGED OR DOES IT INCLUDE ALSO SATURDAYS (OVERTIME DAYS) ON WHICH NO SERVICE IS PERFORMED AND SUNDAYS FOR WHICH NO PAY IS RECEIVED?

FOR EXAMPLE: AN EMPLOYEE, WHOSE ADMINISTRATIVE WORKWEEK IS THE BASIC WORKWEEK MONDAY THROUGH FRIDAY PLUS 4 HOURS' OVERTIME WORK ON SATURDAY, WAS IN PAY STATUS ON SATURDAY, JUNE 30. HE ENTERED LEAVE WITHOUT PAY STATUS ON MONDAY, JULY 2, AND DID NOT WORK OR RECEIVE PAY FROM JULY 2 TO SATURDAY, JULY 14, INCLUSIVE. ABSENCE REPORTED FOR PAY ROLL PURPOSES WAS 10 DAYS OF LEAVE WITHOUT PAY AND NO OVERTIME PAY FOR SATURDAYS. FOR THE PURPOSES OF RECORDING ON STANDARD FORM 70, LEAVE RECORD, AND OF REDUCING LEAVE CREDITS IN ACCORDANCE WITH SECTION 4.3 OF THE ANNUAL AND SICK LEAVE REGULATIONS, WOULD THIS PERIOD OF TIME BE CHARGED AS:

(1)10 DAYS' LEAVE WITHOUT PAY.

(2) 10 DAYS' LEAVE WITHOUT PAY PLUS 1 1/2 DAYS' NONPAY STATUS (1/2

DAY, JULY 7, 1 DAY, JULY 8, 1/2 DAY, JULY 14.)

(3) 10 DAYS' LEAVE WITHOUT PAY PLUS 3 DAYS' NONPAY STATUS (1 DAY,

JULY 7, 1 DAY, JULY 8, 1 DAY, JULY 14.)

(4) 10 DAYS' LEAVE WITHOUT PAY PLUS 4 DAYS' NONPAY STATUS (1 DAY,

JULY 1, 1 DAY, JULY 7, 1 DAY, JULY 8, 1 DAY JULY 14.)

IF SATURDAYS AND SUNDAYS ARE NOT INCLUDED IN THE PERIOD OF NONPAY STATUS, IT WOULD BE POSSIBLE FOR AN EMPLOYEE TO BE ABSENT IN LEAVE WITHOUT PAY STATUS FOR AN ENTIRE CALENDAR MONTH AND NOT LOSE THE ENTIRE ACCRUAL FOR THAT MONTH. SUCH AN ABSENCE DURING THE MONTH OF JULY WOULD RESULT IN A CHARGE OF 22 DAYS' LEAVE WITHOUT PAY. THE TWO DAYS' ANNUAL LEAVE CREDIT SET UP FOR JULY WOULD BE REDUCED ONLY ONE DAY BECAUSE OF LEAVE WITHOUT PAY AND THE ONE DAY AND TWO HOURS OF SICK LEAVE FOR JULY WOULD BE REDUCED ONLY 4 HOURS. ON HIS RETURN TO DUTY AUGUST 1, THE EMPLOYEE WOULD BE CREDITED WITH ONE DAY OF ANNUAL LEAVE AND 6 HOURS OF SICK LEAVE FOR THE MONTH OF JULY ALTHOUGH HE DID NOT WORK OR RECEIVE PAY AT ANY TIME DURING THAT MONTH.

SECTION 4.3 OF THE CURRENT LEAVE REGULATIONS PROVIDES, SO FAR AS HERE MATERIAL, AS FOLLOWS:

WHENEVER A PERMANENT EMPLOYEE IS ABSENT 15 OR MORE DAYS DURING A CALENDAR YEAR IN A NONPAY STATUS (INCLUDING SUSPENSIONS) THE CREDITS FOR ANNUAL LEAVE SHALL BE REDUCED 1 DAY AND FOR SICK LEAVE 1/2 DAY FOR EACH PERIOD AGGREGATING 15 DAYS. WHENEVER SUCH ABSENCES TOTAL 90 DAYS, THERE SHALL BE A FURTHER REDUCTION OF 1/2 DAY IN ANNUAL LEAVE CREDITS FOR EACH SUCH PERIOD * * * .

IT IS FOR NOTING THAT THE REGULATION REDUCES LEAVE CREDIT FOR PERIODS "IN A NONPAY STATUS (INCLUDING SUSPENSIONS)," RATHER THAN FOR PERIODS OF LEAVE OF ABSENCE WITHOUT PAY ONLY. ALSO, THERE ARE FOR CONSIDERATION THE PROVISIONS OF THE LEAVE LAWS AND REGULATIONS THAT LEAVE IS EARNED AND CREDITED UPON THE BASIS OF THE CALENDAR YEAR OR CALENDAR MONTH NOTWITHSTANDING THE NEW PAY LAW PROVIDES FOR PAYMENT OF BASIC AND OVERTIME COMPENSATION UPON THE BASIS OF THE WEEK. THEREFORE, IT IS NECESSARY TO CONCLUDE THAT IN APPLYING THE QUOTED LEAVE REGULATION ALL DAYS IN A NONPAY STATUS FOR WHICH AN EMPLOYEE REGULARLY IS REQUIRED TO WORK AND RECEIVE PAY, BOTH BASIC AND OVERTIME COMPENSATION, IN AN ADMINISTRATIVE WORKWEEK, INCLUDING SATURDAYS, SHOULD BE INCLUDED AS A PART OF A PERIOD "IN A NONPAY STATUS, AS WELL AS ALL NONPAY DAYS WITHIN A PERIOD OF LEAVE WITHOUT PAY, INCLUDING SUNDAYS. FOR PURPOSES OF APPLYING THE REGULATION, SUPRA, SATURDAYS SHOULD BE REGARDED AS ONE DAY IN A NONPAY STATUS WHETHER FOUR OR EIGHT HOURS OVERTIME REGULARLY ARE REQUIRED ON THAT DAY. SUNDAYS--- NONPAY DAY--- IMMEDIATELY PRIOR, OR SUBSEQUENT, TO A PERIOD OF LEAVE WITHOUT PAY, THAT IS, WHOLLY OUTSIDE SUCH PERIOD, NEED NOT BE INCLUDED.

THEREFORE, ALTERNATE ANSWER (3) SUGGESTED IN YOUR LETTER IS CORRECT. THAT IS TO SAY, THE PERIOD OF ABSENCE WITHOUT PAY FROM JULY 2 TO 14, 1945, INCLUDED 13 DAYS IN A NONPAY STATUS WITHIN THE MEANING OF SECTION 4.3 OF THE CURRENT LEAVE REGULATIONS.