AUGUST 30, 1923, 3 COMP. GEN. 112

AUGUST 30, 1923, 3 COMP. GEN. 112

MILITARY LEAVE - SUBSTITUTE RAILWAY POSTAL CLERKS ATTENDING RESERVE OFFICERS' TRAINING CAMPS OR NATIONAL GUARD TRAINING CAMPS SUBSTITUTE RAILWAY POSTAL EMPLOYEES ARE NOT ENTITLED TO LEAVE OF ABSENCE WITH PAY FOR THE PURPOSE OF ATTENDING RESERVE OFFICERS' TRAINING CAMPS OR NATIONAL GUARD TRAINING CAMPS.

COMPTROLLER GENERAL MCCARL TO THE POSTMASTER GENERAL, AUGUST 30 1923:

I HAVE YOUR LETTER OF AUGUST 2, 1923, AS FOLLOWS:

THE DEPARTMENT HAS BEEN REQUESTED BY SUBSTITUTE RAILWAY POSTAL CLERK WILLIAM A. HAZLETT TO GRANT HIM LEAVE OF ABSENCE WITH PAY WHILE ATTENDING RESERVE OFFICERS' TRAINING CAMP.

SUBSTITUTE RAILWAY POSTAL EMPLOYEES HAVE HERETOFORE BEEN DENIED LEAVE WITH PAY WHEN ATTENDING TRAINING CAMPS, EITHER RESERVE OFFICERS' OR NATIONAL GUARD. THE DEPARTMENT'S DECISION WAS BASED UPON THE FACT THAT SUBSTITUTES WERE NOT ENTITLED TO ANNUAL OR SICK LEAVE WITH PAY, AND HENCE COULD NOT LOGICALLY BE ENTITLED TO ANY OTHER KIND OF LEAVE WITH PAY. THIS LATTER CONNECTION YOUR ATTENTION IS INVITED TO YOUR DECISION OF MAY 29, 1923.

YOUR DECISION IS REQUESTED AS TO WHETHER OR NOT SUBSTITUTE POSTAL EMPLOYEES SHOULD BE GRANTED LEAVE OF ABSENCE WITH PAY WHILE ATTENDING RESERVE OFFICERS' OR NATIONAL GUARD TRAINING CAMPS.

SECTION 80 OF THE ACT OF JUNE 3, 1916, 39 STAT., 203, PROVIDES:

LEAVES OF ABSENCE FOR CERTAIN GOVERNMENT EMPLOYEES.--- ALL OFFICERS AND EMPLOYEES OF THE UNITED STATES AND OF THE DISTRICT OF COLUMBIA WHO SHALL BE MEMBERS OF THE NATIONAL GUARD SHALL BE ENTITLED TO LEAVE OF ABSENCE FROM THEIR RESPECTIVE DUTIES, WITHOUT LOSS OF PAY, TIME OR EFFICIENCY RATING, ON ALL DAYS DURING WHICH THEY SHALL BE ENGAGED IN FIELD OR COAST- DEFENSE TRAINING ORDERED OR AUTHORIZED UNDER THE PROVISIONS OF THIS ACT.

THE ACT OF MAY 12, 1917, 40 STAT., 72, PROVIDES:

THAT ALL OFFICERS AND EMPLOYEES OF THE UNITED STATES OR OF THE DISTRICT OF COLUMBIA WHO SHALL BE MEMBERS OF THE OFFICERS' RESERVE CORPS SHALL BE ENTITLED TO LEAVE OF ABSENCE FROM THEIR RESPECTIVE DUTIES, WITHOUT LOSS OF PAY, TIME, OR EFFICIENCY RATING, ON ALL DAYS DURING WHICH THEY SHALL BE ORDERED TO DUTY WITH TROOPS OR AT FIELD EXERCISES, OR FOR INSTRUCTIONS, FOR PERIODS NOT TO EXCEED FIFTEEN DAYS IN ANY ONE CALENDAR YEAR.

I CONCUR IN THE INTERPRETATION PLACED BY THE POST OFFICE DEPARTMENT UPON THESE TWO PROVISIONS. THE REASONS GIVEN IN THE DECISION OF MAY 29, 1923, 2 COMP. GEN., 782, FOR HOLDING THAT SUBSTITUTE EMPLOYEES ARE NOT ENTITLED TO ANNUAL OR SICK LEAVE APPLY WITH EQUAL FORCE TO THE LEAVE PROVIDED FOR UNDER THE STATUTES HEREINBEFORE QUOTED AND WHICH IS USUALLY TERMED MILITARY LEAVE. WHEN THE TERMS OF AN EMPLOYMENT ARE SUCH THAT CONTINUOUS SERVICE AND CONTINUOUS PAY ARE NOT CONTEMPLATED THERE CAN BE NO OCCASION FOR THE GRANTING OF LEAVE WITH PAY AND IT MUST BE ASSUMED THAT THE LAW WAS NOT INTENDED TO PROVIDE FOR LEAVE WITH PAY IN SUCH CASES. THE NATURE OF A SUBSTITUTE EMPLOYEE'S EMPLOYMENT IS SUCH AS TO PRECLUDE THE VIEW THAT THE PROVISION OF LAW RELATIVE TO MILITARY LEAVE IS APPLICABLE IN SUCH A CASE.