B-72667, JANUARY 27, 1948, 27 COMP. GEN. 407

B-72667: Jan 27, 1948

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AFTER SAID ORDER WAS FILED ON DECEMBER 3. IS ENTITLED TO A LUMP-SUM PAYMENT FOR ACCRUED AND ACCUMULATED ANNUAL LEAVE EXTENDING BEYOND THE HALF -HOLIDAY WHICH INCLUDES PAYMENT FOR SUCH ONE HALF DAY WITHOUT A CHARGE AGAINST ACCRUED ANNUAL LEAVE THEREFOR. 1948: I HAVE YOUR LETTER OF JANUARY 7. AS FOLLOWS: THERE IS TRANSMITTED HEREWITH SUPPLEMENTAL PAYROLL VOUCHER FOR PERSONAL SERVICES ( HOLC FORM 640) SUPPORTED BY CHANGE SLIP ( STANDARD FORM 1126) IN GROSS AMOUNT OF $4.31 IN FAVOR OF EDITH SHARUGRUDSKY. PAYMENT WAS MADE THROUGH CLOSE OF BUSINESS JANUARY 2. THE OFFICES OF THIS CORPORATION WILL BE CLOSED FOR THE LAST HALF OF THE WORK DAY ON WEDNESDAY. NO LEAVE WILL BE CHARGED ANY EMPLOYEE FOR THAT TIME EVEN THOUGH IT MAY FALL WITHIN A PERIOD OF EXTENDED LEAVE. " OFFICE HOURS FOR WEDNESDAY.

B-72667, JANUARY 27, 1948, 27 COMP. GEN. 407

LEAVES OF ABSENCE - LUMP-SUM PAYMENTS - HALF-HOLIDAY ON DECEMBER 24, 1947 AN EMPLOYEE SEPARATED FROM THE SERVICE PRIOR TO DECEMBER 24, 1947, A HALF -HOLIDAY FOR FEDERAL EMPLOYEES AS DECLARED BY EXECUTIVE ORDER NO. 9907, BUT AFTER SAID ORDER WAS FILED ON DECEMBER 3, 1947, WITH THE DIVISION OF THE FEDERAL REGISTER, WHICH FILING, UNDER 44 U.S.C. 307, CONSTITUTED NOTICE OF THE EXECUTIVE ORDER TO ALL CONCERNED, IS ENTITLED TO A LUMP-SUM PAYMENT FOR ACCRUED AND ACCUMULATED ANNUAL LEAVE EXTENDING BEYOND THE HALF -HOLIDAY WHICH INCLUDES PAYMENT FOR SUCH ONE HALF DAY WITHOUT A CHARGE AGAINST ACCRUED ANNUAL LEAVE THEREFOR.

ACTING COMPTROLLER GENERAL YATES TO W. E. BESSER, HOUSING AND HOME FINANCE AGENCY, JANUARY 27, 1948:

I HAVE YOUR LETTER OF JANUARY 7, 1948, AS FOLLOWS:

THERE IS TRANSMITTED HEREWITH SUPPLEMENTAL PAYROLL VOUCHER FOR PERSONAL SERVICES ( HOLC FORM 640) SUPPORTED BY CHANGE SLIP ( STANDARD FORM 1126) IN GROSS AMOUNT OF $4.31 IN FAVOR OF EDITH SHARUGRUDSKY, AN EMPLOYEE OF THIS CORPORATION, WHO RESIGNED CLOSE OF BUSINESS DECEMBER 4, 1947, WITH 152 HOURS ANNUAL LEAVE CREDIT.

VOUCHER REPRESENTS CLAIM FOR 4 HOURS LEAVE NOT ALLOWED IN LUMP SUM PAYMENT DURING PAY PERIOD NOVEMBER 30-1DECEMBER 13, 1947. BY CHARGING EMPLOYEES WITH 8 HOURS LEAVE FOR DECEMBER 24, 1947, PAYMENT WAS MADE THROUGH CLOSE OF BUSINESS JANUARY 2, 1948, AS FOLLOWS: RATE $2243.52 PER ANNUM WITH 3 WITHHOLDING TAX EXEMPTIONS

GROSS RETIREMENT TAX NET 11/30 12/4/47, REG. SALARY --- $34.51 $1.73 --- $ 32.78 12/5/47 1/2/48, LUMP SUM ----- 181.19 ----- $26.90 154.29

TOTALS ---------------------- 215.70 1.73 26.90 187.07 IN ACCORDANCE WITH THE PROVISIONS OF EXECUTIVE ORDER 9907, THE GENERAL MANAGER OF THE CORPORATION ISSUED THE FOLLOWING:

" PURSUANT TO EXECUTIVE ORDER 9907, PUBLISHED IN THE FEDERAL REGISTER DECEMBER 4, 1947, THE OFFICES OF THIS CORPORATION WILL BE CLOSED FOR THE LAST HALF OF THE WORK DAY ON WEDNESDAY, DECEMBER 24, 1947, AND NO LEAVE WILL BE CHARGED ANY EMPLOYEE FOR THAT TIME EVEN THOUGH IT MAY FALL WITHIN A PERIOD OF EXTENDED LEAVE.

" OFFICE HOURS FOR WEDNESDAY, DECEMBER 24, 1947, WILL BE FROM 8:30 A.M. TO 12:30 P.M.'

I AM NOT CERTAIN IF I MAY CERTIFY THE VOUCHER FOR PAYMENT FOR THE 4 EXCUSABLE HOURS MENTIONED IN EXECUTIVE ORDER 9907 IN VIEW OF THE FACT THAT THE EMPLOYEE RESIGNED ON DECEMBER 4, 1947, AND WOULD NOT HAVE BEEN AVAILABLE TO BE EXCUSED.

THE GENERAL RULE REGARDING THE DISPOSITION OF CLAIMS OF THE CHARACTER HERE INVOLVED WAS RESTATED IN 26 COMP. GEN. 102, AT TOP OF PAGE 106, AS FOLLOWS:

WITH RESPECT TO THE RESPONSIBILITY OF THE ADMINISTRATIVE OFFICE IN CASES OF UNDERPAYMENTS, IT WAS STATED IN DECISION OF JULY 4, 1944, 24 COMP. GEN. 9, AS FOLLOWS:

"WHERE COMPENSATION IS NOT PAID CURRENTLY TO AN EMPLOYEE, OR WHERE HE IS UNDERPAID AND SUCH UNDERPAYMENT IS NOT DISCOVERED UNTIL SOME TIME LATER, THERE IS NO REQUIREMENT ON THE PART OF THE ADMINISTRATIVE OFFICE TO MAKE SUCH PAYMENT TO THE EMPLOYEE OR TO ENCOURAGE THE FILING OF A CLAIM THEREFOR. SEE 23 COMP. GEN. 398 (PARTICULARLY ANSWERS TO CIRCUMSTANCES 2 AND 5, AT PAGE 723).' HENCE, YOU ARE ADVISED IN ANSWER TO QUESTION 5, THAT NO ACTION SHOULD BE TAKEN BY YOUR DEPARTMENT TO REOPEN OR TO ADJUST CASES WHERE IT IS BELIEVED UNDERPAYMENTS WERE MADE UNDER THE PROVISIONS OF THE LUMP-SUM LEAVE PAYMENT ACT OF DECEMBER 21, 1944, AND THAT ALL CLAIMS FILED IN YOUR OFFICE RESPECTING SUCH UNDERPAYMENTS SHOULD BE TRANSMITTED TO THE CLAIMS DIVISION OF THE GENERAL ACCOUNTING OFFICE FOR DIRECT SETTLEMENT. HOWEVER, BECAUSE OF THE PARTICULAR FACTS AND CIRCUMSTANCES HERE INVOLVED COMPLIANCE WITH THAT RULE WILL NOT BE INSISTED UPON IN THIS INSTANCE.

THE REFERRED-TO EXECUTIVE ORDER NO. 9907 HAD THE EFFECT OF DECLARING A HALF HOLIDAY ON DECEMBER 24, 1947. 26 COMP. GEN. 431, 663; 27 ID. 42. WAS PUBLISHED IN THE FEDERAL REGISTER OF DECEMBER 4, 1947, 12 F.R. 8059, AND IT IS NOTED THEREIN THAT THE SAID EXECUTIVE ORDER WAS FILED WITH THE DIVISION, NATIONAL ARCHIVES ESTABLISHMENT, ON DECEMBER 3, 1947, AT 10:15 A.M.; HENCE, UDER THE PROVISIONS OF 44 U.S.C.A. 307, SAID EXECUTIVE ORDER CONSTITUTED NOTICE TO ALL CONCERNED FROM THAT DAY AND HOUR OF FILING.

THE GENERAL RULE FOR COMPUTING THE COMPENSATION DUE FOR ACCRUED LEAVE UPON SEPARATION FROM THE SERVICE IS STATED IN 26 COMP. GEN. 102, AS FOLLOWS (QUOTING FROM THE SYLLABUS):

THE LUMP-SUM PAYMENT FOR LEAVE AUTHORIZED BY THE ACT OF DECEMBER 21, 1944, UPON SEPARATION FROM SERVICE IS NOT FOR COMPUTATION ON THE BASIS OF ANY AND ALL COMPENSATION CHANGES OCCURRING IN THE INTERIM BETWEEN THE DATE OF SEPARATION AND THE EXPIRATION OF THE LEAVE PERIOD TO BE CONSIDERED IN DETERMINING THE AMOUNT OF SUCH PAYMENT, BUT ON THE BASIS OF THE EMPLOYEE'S RIGHTS UNDER ALL APPLICABLE LAWS AND REGULATIONS EXISTING AT THE TIME OF SEPARATION WHICH WOULD HAVE AFFECTED HIS COMPENSATION HAD HE REMAINED IN THE SERVICE FOR THE PERIOD COVERED BY HIS LEAVE.

ACCORDINGLY, AS EXECUTIVE ORDER NO. 9907, ISSUED DECEMBER 2, 1947, WAS FILED WITH THE DIVISION, AS ABOVE INDICATED, ON DECEMBER 3, ANY EMPLOYEE SEPARATED FROM THE SERVICE AFTER 10:15 ON THAT DAY WOULD BE ENTITLED TO THE BENEFIT OF THE HALF HOLIDAY THUS ESTABLISHED ON DECEMBER 24, 1947, AND THE PAYMENT FOR ANNUAL LEAVE TO THE CREDIT OF ANY SUCH EMPLOYEE, IF COMPUTED OVER A PERIOD EXTENDING BEYOND DECEMBER 24, 1947, SHOULD INCLUDE PAYMENT FOR ONE-HALF DAY AS HOLIDAY COMPENSATION WITHOUT A CHARGE AGAINST ACCRUED ANNUAL LEAVE THEREFOR.

THE PAY ROLL VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT.