A-84992, JULY 9, 1937, 17 COMP. GEN. 14

A-84992, JULY 9, 1937, 17 COMP. GEN. 14

LEAVES OF ABSENCE - ANNUAL - ACT, MARCH 14, 1936 - TEMPORARY EMPLOYEES ABSENT ONLY A PORTION OF SATURDAY, A HALF HOLIDAY TEMPORARY EMPLOYEES ABSENT ON ANNUAL LEAVE A PORTION OF SATURDAY--- A 4 HOUR WORK DAY--- ARE CHARGEABLE WITH ANNUAL LEAVE UNDER THE ACT OF MARCH 14, 1936, 49 STAT. 1161, IN THE PROPORTION THAT THE HOURS OF ABSENCE BEAR TO THE 4-HOUR WORK PERIOD, A 3 HOURS' ABSENCE, FOR EXAMPLE, REQUIRING A CHARGE OF THREE-FOURTHS OF 1 DAY.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF AGRICULTURE, JULY 9, 1937:

YOUR LETTER OF JUNE 24, 1937, IS AS FOLLOWS:

IN YOUR DECISION OF MAY 26, 1937 (A-84992), RELATING TO THE ANNUAL LEAVE STATUS OF TEMPORARY EMPLOYEES, YOU MADE THE FOLLOWING STATEMENT:

"ONE DAY'S ANNUAL LEAVE SHOULD BE CHARGED TEMPORARY EMPLOYEES FOR IS ON AUTHORIZED ANNUAL LEAVE ON SATURDAY RETURNS TO DUTY AT THE OPENING HOUR OF BUSINESS ON MONDAY, NO LEAVE IS REQUIRED TO BE CHARGED FOR SUNDAY. IT IS ONLY ON THE THEORY THAT SATURDAY AFTERNOON IS A HOLIDAY THAT PERMANENT AND EMERGENCY EMPLOYEES, WHOSE ANNUAL LEAVE IS EXCLUSIVE OF HOLIDAYS, ARE CHARGED ONLY FOUR HOURS ANNUAL LEAVE FOR AN ABSENCE ALL DAY SATURDAY. AND SINCE THE ANNUAL LEAVE OF TEMPORARY EMPLOYEES IS NOT EXCLUSIVE OF HOLIDAYS THEY MUST BE CHARGED A FULL DAY'S LEAVE

THE QUESTION HAS ALREADY ARISEN IN THIS DEPARTMENT AS TO HOW MUCH LEAVE SHOULD BE CHARGED AGAINST A TEMPORARY EMPLOYEE WHO IS NOT ABSENT ALL DAY SATURDAY. IF, FOR INSTANCE, AN EMPLOYEE REPORTS FOR DUTY AT 9 O-CLOCK SATURDAY MORNING AND IS GRANTED LEAVE COMMENCING AT 11 O CLOCK, WITH HOW MANY HOURS LEAVE SHOULD HE BE CHARGED? TO 1:00 P.M., OR SHOULD HE BE REQUIRED TO TAKE FIVE-SEVENTHS OF A DAY'S LEAVE?

THESE ARE QUESTIONS CONCERNING WHICH WE FIND NO RULINGS FROM YOUR OFFICE, EITHER UNDER THE NEW LEAVE LAWS AND REGULATIONS OR UNDER THE LEAVE STATUTES THAT WERE IN EFFECT PRIOR TO MARCH 14, 1936. IT IS NOT ALTOGETHER UNLIKELY THAT YOUR OFFICE HAS RULED UPON THIS QUESTION UNDER THE OLD LEAVE LAWS, BUT IT IS BELIEVED THAT THE NEW STATUTES, WHICH CONSTITUTE LEAVE A RIGHT AS DISTINGUISHED FROM A PRIVILEGE, WILL WARRANT A RECONSIDERATION OF THE QUESTION AT THIS TIME.

THE FACT THAT MOST OF THE LEAVE IN THIS DEPARTMENT IS APPLIED FOR AND GRANTED DURING THE SUMMER MONTHS MAKES IT NECESSARY FOR ME TO ASK YOU FOR AN EARLY DECISION ON THIS MATTER.

A SIMILAR SITUATION TO THAT INVOLVED IN THIS MATTER APPEARS TO BE PRESENTED BY THE SICK LEAVE GRANTED TO GOVERNMENT EMPLOYEES BY THE ACT OF MARCH 14, 1936, 49 STAT. 1162, WHICH LEAVE IS LIKEWISE INCLUSIVE OF SUNDAYS AND HOLIDAYS, AND IN THE REGULATIONS ISSUED BY THE PRESIDENT, EXECUTIVE ORDER 7410, JULY 9, 1936, IT WAS PROVIDED IN PARAGRAPH 12:

THE MINIMUM CHARGE OF ABSENCE ON ACCOUNT OF SICKNESS, EXCEPT ON SATURDAYS OR ON OTHER DAYS WHERE 4 HOURS CONSTITUTE A FULL WORK DAY, SHALL BE 1/2 DAY; ADDITIONAL FRACTIONS AUTHORIZED ON THE SAME DAY WHERE 4 HOURS CONSTITUTE A FULL WORK DAY, 2 HOURS OR LESS SICK LEAVE SHALL BE CHARGED AS 1/2 DAY AND MORE THAN 2 HOURS SHALL BE CHARGED PROPORTIONATELY.

EXCEPT FOR THE MINIMUM CHARGE OF ONE-HALF DAY, THIS SICK-LEAVE REGULATION INDICATES THE RULE FOR APPLICATION TO ANNUAL LEAVE GRANTED TO TEMPORARY EMPLOYEES WHEN COVERING PART OR ALL OF THE SATURDAY. THAT IS TO SAY, AS TEMPORARY EMPLOYEES ARE NOT ENTITLED TO EXCLUDE HOLIDAYS FROM THE ANNUAL LEAVE, THEY RECEIVE NO BENEFIT FROM THE SATURDAY HALF HOLIDAY LAW WHEN NOT WORKING, WHICH NECESSITATES CHARGING ONE FULL DAY'S LEAVE WHEN NO SERVICES ARE RENDERED ON SATURDAY. 16 COMP. GEN. 1039. WHEN WORKING ONLY A PORTION OF THE 4 HOURS REQUIRED ON SATURDAY THE CHARGE AGAINST THE EMPLOYEE'S ANNUAL LEAVE FOR THE PORTION NOT WORKING SHOULD BE THAT PORTION OF 1 DAY'S LEAVE THAT THE NUMBER OF HOURS NOT WORKING BEAR TO THE 4-HOUR PERIOD OF SERVICE OTHERWISE REQUIRED. FOR EXAMPLE, A TEMPORARY EMPLOYEE WHO WORKS ONLY 1 HOUR AND IS ON LEAVE WITH PAY FOR 3 HOURS ON A SATURDAY SHOULD HAVE 3-FOURTHS OF 1 DAY CHARGED AGAINST HIS LEAVE.