B-93979, APRIL 19, 1950, 29 COMP. GEN. 415

B-93979, APRIL 19, 1950, 29 COMP. GEN. 415

COMPENSATION - SATURDAYS, SUNDAYS, AND VACATION PERIODS FOLLOWING LEAVE WITHOUT PAY - DISTRICT OF COLUMBIA PUBLIC SCHOOL TEACHERS A PUBLIC SCHOOL TEACHER OF THE DISTRICT OF COLUMBIA WHO WAS ON AUTHORIZED LEAVE OF ABSENCE WITHOUT PAY ON THE DAY PRIOR TO A CHRISTMAS VACATION PERIOD OR ON A FRIDAY AND WHO REPORTED FOR DUTY AT THE BEGINNING OF THE NEXT DUTY DAY FOLLOWING SUCH LEAVE IS ENTITLED TO COMPENSATION FOR THE VACATION PERIOD OR FOR THE SATURDAY AND SUNDAY OCCURRING BETWEEN THE EXPIRATION OF THE LEAVE AND THE DAY OF REPORTING FOR DUTY; ALSO, A PUBLIC SCHOOL TEACHER WHO IS ON AUTHORIZED LEAVE OF ABSENCE WITHOUT PAY ON THE LAST DUTY DAY OF THE SCHOOL YEAR IN JUNE IS ENTITLED TO BE PAID FOR THE REMAINING DAYS IN THAT MONTH. 16 COMP. GEN. 807, DISTINGUISHED. A PUBLIC SCHOOL TEACHER OF THE DISTRICT OF COLUMBIA WHO WAS ON AUTHORIZED LEAVE OF ABSENCE WITHOUT PAY ON FEBRUARY 28, 1950, IS ENTITLED UNDER SECTION 630, TITLE 31 OF THE DISTRICT OF COLUMBIA CODE, TO ONLY TWENTY- SEVEN THIRTIETHS OF THE MONTH'S COMPENSATION FOR FEBRUARY, PROVIDED THE TEACHER RENDERED SERVICES AS REQUIRED FOR THE PRECEDING DAYS OF THE MONTH.

COMPTROLLER GENERAL WARREN TO THE PRESIDENT, BOARD OF COMMISSIONERS OF THE DISTRICT OF COLUMBIA, APRIL 19, 1950:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 22, 1950, REQUESTING DECISION UPON THE QUESTIONS THEREIN STATED, AS FOLLOWS:

1. WOULD A TEACHER GRANTED LEAVE WITHOUT PAY ON DECEMBER 22, 1949, THE DAY PRIOR TO BEGINNING OF THE CHRISTMAS VACATION PERIOD, DECEMBER 23, 1949 TO JANUARY 2, 1950 INCLUSIVE, IF THE TEACHER DID NOT RETURN TO DUTY UNTIL JANUARY 3, 1950, THE DAY AFTER THE VACATION PERIOD, BE ENTITLED TO PAY FOR THE VACATION PERIOD?

2. WOULD A TEACHER GRANTED LEAVE WITHOUT PAY ON FRIDAY, APRIL 28, 1950 RECEIVE PAY FOR SATURDAY, APRIL 29, AND SUNDAY, APRIL 30, 1950, IF THE TEACHER DID NOT RETURN TO DUTY UNTIL MONDAY MAY 1, 1950?

3. WOULD A TEACHER GRANTED LEAVE WITHOUT PAY ON THE LAST DAY OF THE SCHOOL YEAR, WHICH IN 1950 HAS BEEN DESIGNATED BY THE BOARD OF EDUCATION TO BE JUNE 17, 1950, BE ENTITLED TO PAY FOR THE REMAINING DAYS IN JUNE ON WHICH SERVICES WOULD NOT OTHERWISE BE REQUIRED?

4. WOULD A TEACHER GRANTED LEAVE WITHOUT PAY ON FEBRUARY 28, 1950 BE ENTITLED TO RECEIVE PAY FOR 27 DAYS OR 29 DAYS FOR THE MONTH PROVIDED THE REQUIRED SERVICE WAS RENDERED FOR THE PERIOD FEBRUARY 1 TO FEBRUARY 27, 1950?

YOUR SUBMISSION QUOTES SECTION 10, CHAPTER XI OF THE REVISED RULES OF THE BOARD OF EDUCATION, TO THE EFFECT THAT THE ANNUAL LEAVE OF ABSENCE OF TEACHERS AND OTHER EDUCATIONAL EMPLOYEES WHOSE SALARIES ARE ESTABLISHED IN CLASSES 1 TO 12, BOTH INCLUSIVE, OF THE TEACHERS SALARY ACT OF 1947 SHALL EXTEND FROM THE DAY IN JUNE DESIGNATED BY THE BOARD OF EDUCATION AS THE CLOSING DAY OF SCHOOL TO THE DAY IN SEPTEMBER DESIGNATED AS THE OPENING DAY OF SCHOOL. SEE IN THAT CONNECTION DECISION OF THIS OFFICE, MARCH 28, 1950, B-92325, 29 COMP. GEN. 391, REGARDING THE PAY STATUS OF TEACHERS DURING THE VACATION PERIOD.

IN 13 COMP. GEN. 206, IT WAS HELD, QUOTING FROM THE SYLLABUS:

EMPLOYEES ABSENT ON LEAVE WITHOUT PAY FOR A DEFINITE PERIOD, WHICH HAS BEEN APPLIED FOR IN WRITING AND APPROVED BY THE PROPER ADMINISTRATIVE AUTHORITY, AND WHO REPORT FOR DUTY AT THE BEGINNING OF THE DUTY DAY NEXT FOLLOWING THE EXPIRATION OF SUCH DEFINITE PERIOD, ARE ENTITLED TO COMPENSATION FOR THE SUNDAYS AND HOLIDAYS OCCURRING BETWEEN THE EXPIRATION OF THE LEAVE GRANTED AND THE DAY OF ACTUAL REPORTING FOR DUTY.

EMPLOYEES ARE NOT ENTITLED TO COMPENSATION FOR SUNDAYS AND HOLIDAYS OCCURRING WITHIN A DEFINITE PERIOD OF LEAVE OF ABSENCE WITHOUT PAY ADMINISTRATIVELY AUTHORIZED IN ADVANCE EVEN THOUGH THE SUNDAY OR HOLIDAY OCCURS ON THE LAST DAY OF THE AUTHORIZED DEFINITE PERIOD OF LEAVE OF ABSENCE WITHOUT PAY AND THE EMPLOYEE REPORTS FOR DUTY AT THE BEGINNING OF THE DUTY DAY NEXT FOLLOWING THE EXPIRATION OF SUCH DEFINITE PERIOD.

THE RULE "THAT AN EMPLOYEE IN A LEAVE OF ABSENCE WITHOUT PAY STATUS WOULD NOT BE ENTITLED TO PAY UNTIL THERE IS A RETURN TO DUTY AND SERVICE PERFORMED," WHICH THE AUDITOR INVOKES IN THE SITUATION HERE PRESENTED, IS FOR APPLICATION ONLY WHEN AN EMPLOYEE ABSENTS HIMSELF WITHOUT OBTAINING PRIOR AUTHORIZATION. 16 COMP. GEN. 807. ACCORDINGLY, WITH RESPECT TO THE CASES COVERED BY QUESTIONS 1 TO 3, INCLUSIVE, THE TEACHER IN EACH CASE SHOULD BE CHARGED ONLY ONE DAY'S COMPENSATION FOR THE LEAVE WITHOUT PAY SPECIFICALLY GRANTED FOR ONE DAY ONLY.

WITH RESPECT TO QUESTION 4, ATTENTION IS INVITED TO SECTION 630, TITLE 31, DISTRICT OF COLUMBIA CODE, PROVIDING AS FOLLOWS:

THE FOLLOWING RULES FOR DIVISION OF TIME AND COMPUTATION OF PAY FOR SERVICES RENDERED ARE HEREBY ESTABLISHED: COMPENSATIONS OF ALL TEACHERS AND LIBRARIANS AND CLERKS IN THE HIGH AND MANUAL-TRAINING SCHOOLS SHALL BE DIVIDED INTO TEN EQUAL INSTALMENTS, ONE OF WHICH SHALL BE PAID FOR EACH SCHOOL MONTH, AND IN MAKING PAYMENTS FOR A FRACTIONAL PART OF A MONTH ONE- THIRTIETH OF ONE OF SUCH INSTALMENTS SHALL BE THE DAILY RATE OF PAY. FOR THE PURPOSE OF COMPUTING SUCH COMPENSATION AND FOR COMPUTING TIME FOR SERVICES RENDERED DURING A FRACTIONAL PART OF A MONTH IN CONNECTION WITH THE COMPENSATION OF ALL TEACHERS AND LIBRARIANS AND CLERKS IN THE HIGH AND MANUAL-TRAINING SCHOOLS, EACH AND EVERY MONTH SHALL BE HELD TO CONSIST OF THIRTY DAYS, WITHOUT REGARD TO THE ACTUAL NUMBER OF DAYS IN ANY CALENDAR MONTH, THUS EXCLUDING THE 31ST DAY OF ANY CALENDAR MONTH FROM THE COMPUTATION AND TREATING FEBRUARY AS IF IT ACTUALLY HAD THIRTY DAYS. ANY PERSON ENTERING THE SERVICE OF THE SCHOOLS DURING A THIRTY-ONE DAY MONTH AND SERVING UNTIL THE END THEREOF SHALL BE ENTITLED TO PAY FOR THAT MONTH FROM THE DATE OF ENTRY TO THE 30TH DAY OF SAID MONTH, BOTH DAYS INCLUSIVE; AND ANY PERSON ENTERING SAID SERVICE DURING THE MONTH OF FEBRUARY AND SERVING UNTIL THE END THEREOF SHALL BE ENTITLED TO ONE MONTH'S PAY, LESS AS MANY THIRTIETHS THEREOF AS THERE WERE DAYS ELAPSED PRIOR TO THE DATE OF ENTRY: PROVIDED, THAT FOR ONE DAY'S UNAUTHORIZED ABSENCE ON THE 31ST DAY OF ANY CALENDAR MONTH ONE DAY'S PAY SHALL BE FORFEITED.

THE PROVISIONS JUST QUOTED ARE SIMILAR TO THOSE CONTAINED IN SECTION 6 OF THE ACT OF JUNE 30, 1906, 34 STAT. 763, FORMERLY APPLICABLE TO FEDERAL EMPLOYEES GENERALLY. IN CONSTRUING SAID 1906 ACT, THE COMPTROLLER OF THE TREASURY, IN 20 COMP. DEC. 772, STATED AT PAGES 774 AND 775:

THE ACT THEORETICALLY, AND FOR ITS PURPOSES, ADDS TWO DAYS TO THE MONTH OF FEBRUARY THREE YEARS OUT OF FOUR; ONE DAY THE OTHER YEAR. THE DAY ELIMINATED FROM A 31-DAY MONTH IS THE LAST, NOT THE FIRST OR AN INTERVENING DAY. THE DAYS THEORETICALLY ADDED TO THE MONTH OF FEBRUARY MUST BE REGARDED NOT AS PREFIXING OR INTERVENING BETWEEN OTHER DAYS, OR AS OF SOME INDEFINITE LOCATION, BUT AS ADDED THERETO--- A THEORETICAL TWENTY- NINTH AND THIRTIETH DAY.

IF ONE BEGINS HIS SERVICE WITH THE TWENTY-EIGHTH DAY OF FEBRUARY, NOT A LEAP YEAR, HE MUST RECEIVE FOR WHAT IS IN FACT ONE DAY'S SERVICE, THREE- THIRTIETHS OF A MONTHLY INSTALLMENT. THIS IS NOT THEORETICAL OR A MATTER OF CONSTRUCTION, BUT IS PLAINLY THE LAW; A MONTHLY INSTALLMENT LESS TWENTY -SEVEN THIRTIETHS FOR 27 PRIOR DAYS. THE EMPLOYEE HAS THE BEST OF THIS. IF WE REVERSE THE SITUATION MUST WE NOT BALANCE THE ACCOUNT? IF THE EMPLOYEE HAS SERVED 27 DAYS AND RETIRES FROM THE SERVICE HE SHOULD BE PAID TWENTY-SEVEN THIRTIETHS OF A MONTHLY INSTALLMENT, AND THE GOVERNMENT WILL RETAIN THE THREE THIRTIETHS OF THE ONE ACTUAL DAY HE DID NOT SERVE.

THIS CONCLUSION BEING TRUE--- AND ITS CORRECTNESS CAN HARDLY BE QUESTIONED--- IT IS APPARENT THAT THE THEORETICAL TWENTY-NINTH AND THIRTIETH DAYS DO NOT IN ANY WAY ATTACH THEMSELVES TO OR CONFER ANY BENEFIT ON SERVICES PERFORMED ON ANY DAYS PREVIOUS TO THE TWENTY EIGHTH, BUT THAT THEY CONFER ALL THEIR BENEFIT ON A SERVICE PERFORMED ON THAT DAY. WE CAN NOT CONVERT THEM INTO ACTUAL DAYS. THERE CAN BE NO ACTUAL SERVICE TO CORRESPOND TO THEM. THEY ARE THEORETICAL AND USED AS A BASIS OF COMPUTATION ONLY, AND AS SUCH, AND BY VIRTUE OF THE EXPRESS PROVISION OF THE STATUTE, THEY MUST ATTACH THEMSELVES TO AND BECOME PRACTICALLY A PART OF THE TWENTY-EIGHTH DAY.

THAT RULE HAS BEEN FOLLOWED UNIFORMLY IN THE DECISIONS OF THIS OFFICE. COMP. GEN. 757; 5 ID. 935; 10 ID. 11. ACCORDINGLY, REFERRING TO QUESTION 4, AN EMPLOYEE WHO IS GRANTED LEAVE WITHOUT PAY FEBRUARY 28, 1950, WILL BE ENTITLED TO ONLY TWENTY-SEVEN THIRTIETHS OF THE MONTH'S COMPENSATION FOR FEBRUARY.