B-8067, JANUARY 30, 1940, 19 COMP. GEN. 686

B-8067: Jan 30, 1940

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IT IS WITHIN THE DISCRETION OF THE POSTMASTER GENERAL TO GRANT LEAVE OF ABSENCE OR FURLOUGH WITHOUT PAY TO A RURAL MAIL CARRIER FOR A PERIOD OF 6 MONTHS WHILE HE IS ON ACTIVE DUTY WITH THE ARMY AS A MEMBER OF THE OFFICERS' RESERVE CORPS TO WHICH HE HAS BEEN ORDERED PURSUANT TO LAW AND BY COMPETENT AUTHORITY. 1940: I HAVE YOUR LETTER OF JANUARY 15. WHOSE SALARY IS $2. YOUR DECISION IS REQUESTED AS TO THE PROPRIETY OF GRANTING LEAVE TO MR. IT IS ALSO REQUESTED THAT YOU ADVISE WHETHER AS A GENERAL PROPOSITION THERE IS ANY PROHIBITION AGAINST THE GRANTING OF LEAVE WITHOUT PAY TO FEDERAL CIVIL-SERVICE EMPLOYEES FOR THE PURPOSE OF PERFORMING MILITARY SERVICE. IT IS ASSUMED THAT RURAL CARRIER RAY M.

B-8067, JANUARY 30, 1940, 19 COMP. GEN. 686

LEAVE WITHOUT PAY FOR EXTENDED PERIOD - RURAL MAIL CARRIER ON ACTIVE DUTY AS ARMY RESERVIST IN THE ABSENCE OF STATUTE OR REGULATION PROVIDING OTHERWISE, IT IS WITHIN THE DISCRETION OF THE POSTMASTER GENERAL TO GRANT LEAVE OF ABSENCE OR FURLOUGH WITHOUT PAY TO A RURAL MAIL CARRIER FOR A PERIOD OF 6 MONTHS WHILE HE IS ON ACTIVE DUTY WITH THE ARMY AS A MEMBER OF THE OFFICERS' RESERVE CORPS TO WHICH HE HAS BEEN ORDERED PURSUANT TO LAW AND BY COMPETENT AUTHORITY.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE POSTMASTER GENERAL, JANUARY 30, 1940:

I HAVE YOUR LETTER OF JANUARY 15, 1940, AS FOLLOWS:

RURAL CARRIER RAY M. DAVIS, OF FONTANELLE, IOWA, WHOSE SALARY IS $2,080 PER ANNUM, HAS REQUESTED LEAVE OF ABSENCE WITHOUT PAY FOR A PERIOD OF SIX MONTHS IN ORDER THAT HE MAY SERVE AS A RESERVE OFFICER WITH THE 350TH INFANTRY.

YOUR DECISION IS REQUESTED AS TO THE PROPRIETY OF GRANTING LEAVE TO MR. DAVIS IN ACCORDANCE WITH HIS REQUEST. IT IS ALSO REQUESTED THAT YOU ADVISE WHETHER AS A GENERAL PROPOSITION THERE IS ANY PROHIBITION AGAINST THE GRANTING OF LEAVE WITHOUT PAY TO FEDERAL CIVIL-SERVICE EMPLOYEES FOR THE PURPOSE OF PERFORMING MILITARY SERVICE.

IT IS ASSUMED THAT RURAL CARRIER RAY M. DAVIS HAS BEEN ORDERED TO SERVE ON ACTIVE DUTY WITH THE ARMY FOR A PERIOD OF 6 MONTHS AS A MEMBER OF THE OFFICERS' RESERVE CORPS PURSUANT TO LAW AND BY COMPETENT AUTHORITY. SEE SECTION 37A OF THE NATIONAL DEFENSE ACT OF JUNE 4, 1920, 41 STAT. 776; ACT OF AUGUST 30, 1935, 49 STAT. 1028; ACT OF APRIL 3, 1939, 53 STAT. 557, AND EXECUTIVE ORDER NO. 8245, DATED SEPTEMBER 8, 1939.

IN DECISION TO YOU DATED OCTOBER 18, 1939, 19 COMP. GEN. 445, IT WAS HELD AS FOLLOWS (QUOTING FROM THE SYLLABUS):

IN THE ABSENCE OF STATUTE OR REGULATION PROVIDING OTHERWISE, THE POSTMASTER GENERAL MAY GRANT LEAVE OF ABSENCE WITHOUT PAY OR FURLOUGH TO EMPLOYEES IN THE CUSTODIAL SERVICE OF THE POST OFFICE DEPARTMENT FOR AN INDEFINITE PERIOD WHILE THEY ARE ON ACTIVE DUTY IN THE NAVY AS MEMBERS OF THE NAVAL RESERVE UNDER AUTHORITY OF THE ACT OF JUNE 25, 1938, 52 STAT. 1175, AND EXECUTIVE ORDER NO. 8245 DATED SEPTEMBER 8, 1939.

IN THE CASE CONSIDERED IN THAT DECISION THE EMPLOYEE REQUESTED THE LEAVE OF ABSENCE OR FURLOUGH WITHOUT PAY IN ORDER TO SERVE ON ACTIVE DUTY AS A MEMBER OF THE NAVAL RESERVE. IN THE INSTANT CASE IT IS UNDERSTOOD THE RURAL CARRIER HAS REQUESTED LEAVE OF ABSENCE OR FURLOUGH WITHOUT PAY FOR A PERIOD OF 6 MONTHS IN ORDER TO SERVE ON ACTIVE DUTY AS A MEMBER OF THE OFFICERS' RESERVE CORPS OF THE ARMY. HOWEVER, THE RULE STATED IN THE DECISION OF OCTOBER 18, 1939, SUPRA, IS EQUALLY APPLICABLE IN THE CASE OF RAY M. DAVIS. THAT IS TO SAY, IT IS WITHIN THE DISCRETION OF THE POSTMASTER GENERAL TO GRANT HIM LEAVE OF ABSENCE OR FURLOUGH WITHOUT PAY FOR THE PERIOD OF 6 MONTHS WHILE HE IS ON ACTIVE DUTY WITH THE ARMY AS A MEMBER OF THE OFFICERS' RESERVE CORPS TO WHICH HE HAS BEEN ORDERED PURSUANT TO LAW AND BY COMPETENT AUTHORITY. SEE, ALSO, 18 COMP. GEN. 699.

THE QUESTION CONTAINED IN THE CONCLUDING SENTENCE OF YOUR LETTER IS STATED IN TOO GENERAL TERMS TO ADMIT OF ANY DEFINITE OR SPECIFIC ANSWER. IF IN ANY PARTICULAR CASE OR CLASS OF CASES YOU HAVE DOUBT AS TO THE LEGALITY OF GRANTING LEAVE OF ABSENCE OR FURLOUGH WITHOUT PAY FOR THE PURPOSE OF PERFORMING MILITARY SERVICE, THE CASE MAY BE PRESENTED HERE FOR DECISION.