JULY 14, 1923, 3 COMP. GEN. 20

JULY 14, 1923, 3 COMP. GEN. 20

SICK LEAVE - EMPLOYEES IN THE POSTAL SERVICE EMPLOYEES IN THE POSTAL SERVICE ARE ENTITLED, UNDER THE ACT OF JUNE 19, 1922, 42 STAT., 660, TO 10 DAYS SICK LEAVE EACH AND EVERY YEAR REGARDLESS OF THE AMOUNT OF SICK LEAVE TAKEN IN ANY PRECEDING YEAR. THE FIRST 10 DAYS' SICK LEAVE TAKEN DURING ANY YEAR IS TO BE CHARGED TO THE LEAVE ACCRUING IN SAID YEAR. SICK LEAVE TAKEN IN EXCESS OF 10 DAYS IN ANY YEAR IS CHARGEABLE TO THE OLDEST ACCUMULATED LEAVE AVAILABLE. THE UNUSED PORTION OF THE 10 DAYS' SICK LEAVE ACCRUING IN ANY YEAR IS AVAILABLE ONLY DURING THE TWO YEARS IMMEDIATELY FOLLOWING THE YEAR IN WHICH IT ACCRUED.

ACTING COMPTROLLER GENERAL GINN TO THE POSTMASTER GENERAL, JULY 14, 1923:

THERE HAS BEEN RECEIVED YOUR LETTER DATED MAY 31, 1923, WHICH IN PART IS AS FOLLOWS:

FROM YOUR LETTER OF NOVEMBER 1, 1921, ADDRESSED TO THE POSTMASTER GENERAL, I QUOTE THE FOLLOWING:

"A NEW LEAVE PERIOD DOES NOT NECESSARILY BEGIN AFTER EACH THREE YEARS OF SERVICE OR AFTER EACH THREE YEARS FROM THE TIME THE PROVISION BECAME OPERATIVE, BUT THE ACCUMULATED LEAVE IS LOST IF NOT TAKEN WITHIN TWO YEARS AFTER THE YEAR IN WHICH IT ACCRUED.'

QUERIES HAVE BEEN PROPOUNDED TO THE DEPARTMENT BY POSTMASTERS RESPECTING THE AMOUNT OF SICK LEAVE OF ABSENCE WITH PAY WHICH MAY BE GRANTED THE FOURTH YEAR, OR THE FISCAL YEAR ENDED JUNE 30, 1924, CORRECT ANSWERS TO WHICH ARE IN DOUBT IN VIEW OF THE STATEMENT CONTAINED IN THE ABOVE QUOTATION THAT "THE ACCUMULATED LEAVE IS LOST IF NOT TAKEN WITHIN TWO YEARS AFTER THE YEAR IN WHICH IT ACCRUED.'

FOR EXAMPLE THE FOLLOWING QUERIES ARE PUT TO THE DEPARTMENT FOR REPLY:

THREE DAYS' SICK LEAVE ARE TAKEN DURING THE FIRST YEAR; 17 DAYS' SICK LEAVE ARE TAKEN THE SECOND YEAR; AND 9 DAYS' SICK LEAVE ARE TAKEN THE THIRD YEAR; HOW MUCH SICK LEAVE MAY BE GRANTED THE FOURTH YEAR?

NO SICK LEAVE IS TAKEN THE FIRST YEAR; NO SICK LEAVE IS TAKEN THE SECOND YEAR; 25 DAYS' SICK LEAVE ARE TAKEN THE THIRD YEAR; HOW MUCH SICK LEAVE MAY BE GRANTED THE FOURTH YEAR?

TEN DAYS' SICK LEAVE ARE TAKEN THE FIRST YEAR; 5 DAYS' SICK LEAVE THE SECOND YEAR; 10 DAYS' SICK LEAVE THE THIRD YEAR; HOW MUCH SICK LEAVE MAY BE GRANTED THE FOURTH YEAR?

THE QUESTION AT ISSUE IN THESE THREE QUERIES IS WHETHER THE RESIDUE OF THE ACCUMULATION OF 30 DAYS IN THE BRACE OF THREE YEARS MAY BE CARRIED OVER IN EACH INSTANCE, OR WHETHER SUCH RESIDUE IS LOST IN EACH INSTANCE AND ONLY THE 10 DAYS ACCRUING FOR THE FOURTH YEAR BE ALLOWED, OR WHETHER IN THE FIRST EXAMPLE CITED, 11 DAYS MAY BE GRANTED THE FOURTH YEAR, AND IN THE SECOND AND THIRD EXAMPLES, 15 DAYS ALLOWED THE FOURTH YEAR.

I WOULD BE PLEASED TO HAVE YOUR OPINION AS TO THE NUMBER OF DAYS OF SICK LEAVE OF ABSENCE WITH PAY WHICH MAY BE GRANTED THE FOURTH YEAR IN EACH OF THE THREE EXAMPLES CITED.

I WOULD ALSO BE PLEASED TO HAVE YOUR OPINION AS TO WHETHER IN ANY CIRCUMSTANCES, AN EMPLOYEE WOULD BE ENTITLED TO LESS THAN TEN DAYS' SICK LEAVE WITH PAY IN ANY YEAR REGARDLESS OF THE NUMBER OF DAYS' SICK LEAVE WITH PAY WHICH HE HAD TAKEN THE TWO PRECEDING YEARS.

THAT PORTION OF THE ACT APPROVED JUNE 5, 1920, AS AMENDED BY THE ACT OF JUNE 19, 1922, 42 TAT., 660, REFERRING TO SICK LEAVE OF EMPLOYEES IN THE POSTAL SERVICE, IS AS FOLLOWS:

HEREAFTER EMPLOYEES IN THE POSTAL SERVICE SHALL BE GRANTED FIFTEEN DAYS' LEAVE OF ABSENCE WITH PAY, EXCLUSIVE OF SUNDAYS AND HOLIDAYS, EACH FISCAL YEAR, AND SICK LEAVE WITH PAY AT THE RATE OF TEN DAYS A YEAR, EXCLUSIVE OF SUNDAYS AND HOLIDAYS, TO BE CUMULATIVE FOR A PERIOD OF THREE YEARS, BUT NO SICK LEAVE WITH PAY IN EXCESS OF THIRTY DAYS SHALL BE GRANTED DURING ANY THREE CONSECUTIVE YEARS. SICK LEAVE SHALL BE GRANTED ONLY UPON SATISFACTORY EVIDENCE OF ILLNESS AND IF MORE THAN TWO DAYS THE APPLICATION THEREFOR SHALL BE ACCOMPANIED BY A PHYSICIAN'S CERTIFICATE.

IN THE DECISION OF NOVEMBER 1, 1921, 1 COMP. GEN., 245, REFERRED TO ABOVE IT WAS HELD---

WITH REFERENCE TO SICK LEAVE THE LAW AUTHORIZES THE GRANTING THEREOF AT THE RATE OF 10 DAYS A YEAR, TO BE CUMULATIVE FOR A PERIOD OF THREE YEARS WITH A PROVISO THAT NO SICK LEAVE WITH PAY IN EXCESS OF 30 DAYS SHALL BE GRANTED DURING ANY THREE CONSECUTIVE YEARS.

UNDER THIS LAW THE UNUSED PORTION OF THE AUTHORIZED LEAVE FOR ANY YEAR MAY ACCUMULATE FOR TWO YEARS THEREAFTER. * * * IN DETERMINING WHETHER OR NOT AN EMPLOYEE IS ENTITLED AT ANY GIVEN TIME TO SICK LEAVE WITH PAY IN EXCESS OF 10 DAYS IT IS NECESSARY TO EXAMINE THE RECORD FOR THE THREE PRECEDING YEARS. IF AN EMPLOYEE TAKES ONLY 5 DAYS' SICK LEAVE DURING HIS FIRST YEAR OF SERVICE HE IS ENTITLED TO NOT EXCEEDING 15 DAYS DURING HIS SECOND YEAR; AND IF HE TAKES NO LEAVE DURING HIS SECOND YEAR HE IS ENTITLED TO NOT EXCEEDING 25 DAYS DURING HIS THIRD YEAR; AND IF HE SHOULD TAKE NO LEAVE DURING HIS THIRD YEAR HE WOULD BE ENTITLED TO 30 DAYS DURING HIS FOURTH YEAR. IF AN EMPLOYEE TAKES ONLY 5 DAYS' SICK LEAVE DURING HIS FIRST YEAR BUT TAKES 10 DAYS EACH DURING HIS SECOND AND THIRD YEARS HE IS ENTITLED TO ONLY 10 DAYS DURING HIS FOURTH YEAR. IF HE SHOULD TAKE NO LEAVE DURING HIS FIRST YEAR, 10 DAYS DURING HIS SECOND YEAR, AND 5 DAYS DURING HIS THIRD YEAR HE WOULD BE ENTITLED TO 15 DAYS DURING HIS FOURTH YEAR. IF HE SHOULD TAKE 5 DAYS DURING EACH OF HIS FIRST FOUR YEARS SERVICE, HE WOULD BE ENTITLED TO 20 DAYS DURING HIS FIFTH YEAR. SEE ALSO DECISION OF SEPTEMBER 29, 1922, 13 MS. COMP. GEN., 1506.

AN EMPLOYEE IS THEREFORE ENTITLED TO 10 DAYS' SICK LEAVE EACH AND EVERY YEAR REGARDLESS OF THE AMOUNT OF SICK LEAVE TAKEN IN ANY PRECEDING YEAR AND IN ADDITION TO SUCH 10 DAYS HE IS ENTITLED TO SUCH PORTION OF THE 20 DAYS ACCRUING DURING THE PRECEDING TWO YEARS AS REMAINS UNUSED. IN ALL CASES WHERE SICK LEAVE IN EXCESS OF 10 DAYS PER YEAR IS USED THE EXCESS WILL BE CHARGED AGAINST THE FIRST SURPLUS LEAVE AVAILABLE.

ANSWERING YOUR QUESTIONS SPECIFICALLY---

IF 3 DAYS ARE TAKEN THE FIRST YEAR, 17 DAYS THE SECOND YEAR, AND 9 DAYS THE THIRD YEAR THERE IS 1 DAY'S ACCRUED LEAVE REMAINING FROM THE THIRD YEAR, AND THE EMPLOYEE WOULD BE ENTITLED TO 11 DAYS' LEAVE THE FOURTH YEAR.

IF NO LEAVE IS TAKEN THE FIRST YEAR, NO LEAVE THE SECOND YEAR, AND 25 DAYS THE THIRD YEAR, THE FIRST 10 DAYS' LEAVE TAKEN DURING THE THIRD YEAR WOULD BE CHARGED AGAINST THE LEAVE ACCRUING FOR THAT YEAR, THE NEXT 10 DAYS AGAINST THE ACCUMULATION FROM THE FIRST YEAR, AND THE REMAINING 5 DAYS AGAINST THE 10-DAY ACCUMULATION FROM THE SECOND YEAR. THEREFORE THERE WOULD BE AVAILABLE FOR THE FOURTH YEAR THE 10 DAYS ACCRUING DURING SAID YEAR PLUS THE REMAINING 5 DAYS OF THE ACCUMULATION FROM THE SECOND YEAR, MAKING A TOTAL OF 15 DAYS' LEAVE AVAILABLE FOR THE FOURTH YEAR.

IF 10 DAYS' LEAVE IS TAKEN THE FIRST YEAR, 5 DAYS THE SECOND YEAR, AND 10 DAYS THE THIRD YEAR, THERE WOULD BE AVAILABLE FOR THE FOURTH YEAR THE 10 DAYS ACCRUING DURING SAID YEAR PLUS THE UNUSED 5-DAY ACCUMULATION FROM THE SECOND YEAR. THE EMPLOYEE WOULD THEREFORE BE ENTITLED TO 15 DAYS' LEAVE THE FOURTH YEAR.

THE FIRST 10 DAYS' SICK LEAVE TAKEN DURING ANY YEAR IS TO BE CHARGED TO THE LEAVE ACCRUING IN SAID YEAR. LEAVE TAKEN IN EXCESS OF 10 DAYS DURING ANY YEAR IS TO BE CHARGED TO THE UNUSED LEAVE, IF ANY, THAT HAS ACCUMULATED FROM THE TWO PRECEDING YEARS IN THE ORDER IN WHICH IT ACCUMULATED; THAT IS TO SAY, EXCESS SICK LEAVE WILL NOT BE CHARGED TO THE SICK LEAVE ACCUMULATED FROM THE YEAR IMMEDIATELY PRECEDING THE YEAR IN WHICH IT IS TAKEN UNTIL THE ACCUMULATED LEAVE FOR THE PRIOR YEAR HAS BEEN EXHAUSTED.