A-76949, OCTOBER 19, 1936, 16 COMP. GEN. 394

A-76949, OCTOBER 19, 1936, 16 COMP. GEN. 394

LEAVES OF ABSENCE - ANNUAL AND SICK - ACTS MARCH 14, 1936 - PROJECT WORKERS ONLY THOSE EMPLOYEES OR WORKERS ENGAGED ON WORKS PROGRESS ADMINISTRATION PROJECTS WHO ARE EMPLOYED THROUGH REGULAR APPOINTMENT AS EMPLOYEES OF THE UNITED STATES BY, OR PURSUANT TO, AUTHORITY DELEGATED FROM THE HEAD OF THE DEPARTMENT OR ESTABLISHMENT CONCERNED, ARE ENTITLED TO LEAVE OF ABSENCE WITH PAY UNDER THE LEAVE ACTS OF MARCH 14, 1936, 49 STAT. 1161 AND 1162.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE TREASURY, OCTOBER 19, 1936:

THERE HAS BEEN RECEIVED YOUR LETTER OF SEPTEMBER 30, 1936, AS FOLLOWS:

REFERENCE IS MADE TO A LETTER FROM THIS DEPARTMENT, OF JUNE 15, 1936, AND YOUR DECISION OF JULY 2, 1936 (A-76949) IN RESPONSE THERETO, CONCERNING SICK AND ANNUAL LEAVE OF ABSENCE WITH PAY, OF CERTAIN EMPLOYEES AT THE COAST GUARD DEPOT, CURTIS BAY, MARYLAND. THE EMPLOYEES REFERRED TO WERE 45 BOAT BUILDERS AND 11 PER DIEM EMPLOYEES WORKING ON A W.P.A. PROJECT.

IN ADDITION TO THOSE EMPLOYEES WORKING ON THAT PROJECT THERE ARE A NUMBER OF OTHER EMPLOYEES (AT THIS TIME 60) EMPLOYED ON THE PROJECT WHO WERE SECURED FROM THE RELIEF ROLLS. IT WILL BE NOTED THAT THE EMPLOYEES REFERRED TO IN YOUR DECISION OF JULY 2, 1936, HAVE A CIVIL SERVICE STATUS, AND WERE EITHER IN A FURLOUGH STATUS AT THE TIME THEY WERE EMPLOYED ON THE PROJECT UNDER CONSIDERATION, OR WERE SWITCHED FROM A REGULAR-APPROPRIATION PROJECT TO THE WORK-RELIEF PROJECT.

THE EMPLOYEES NOW UNDER CONSIDERATION DO NOT HAVE A CIVIL-SERVICE STATUS, BUT ARE EMPLOYED DIRECTLY FROM RELIEF ROLLS; SUCH EMPLOYEES ARE, HOWEVER, NOT PAID SECURITY WAGES BUT ARE PAID THE SAME WAGES AND EMPLOYED UNDER THE SAME CONDITIONS AS THE EMPLOYEES REFERRED TO IN YOUR DECISION OF JULY 2, 1936, AND UNDER THE SAME CONDITIONS AS THE REGULAR EMPLOYEES AT THE COAST GUARD DEPOT, COMPARABLE WITH NAVY-YARD EMPLOYEES.

TO STATE THE QUESTION SPECIFICALLY, IT IS REQUESTED THAT YOU DECIDE WHETHER EMPLOYEES SECURED FROM RELIEF ROLLS, THROUGH THE UNITED STATES EMPLOYMENT SERVICE, EMPLOYED ON A W.P.A. PROJECT AT THE COAST GUARD DEPOT, CURTIS BAY, MARYLAND, AS LABORERS, HELPERS, MACHINISTS, AND OTHER SIMILAR TRADE POSITIONS, WHO ARE NOT PAID SECURITY WAGES, BUT ARE PAID THE SAME WAGES AND EMPLOYED UNDER THE SAME CONDITIONS AS REGULAR EMPLOYEES AT THE COAST GUARD DEPOT, COMPARABLE WITH NAVY-YARD EMPLOYEES, ARE ENTITLED TO SICK AND ANNUAL LEAVE WITH PAY, WHILE WORKING ON SUCH PROJECT.

IN DECISION OF AUGUST 25, 1936, 16 COMP. GEN. 181, IT WAS HELD AS FOLLOWS:

NOTWITHSTANDING WORKERS ENGAGED ON WORK PROJECTS FINANCED BY EMERGENCY FUNDS ALLOTTED TO A DEPARTMENT BY THE WORKS PROGRESS ADMINISTRATION, WORK THE SAME HOURS, ARE EMPLOYED UNDER THE SAME CONDITIONS, AND ARE PAID AT THE SAME WAGE RATES ESTABLISHED BY EXECUTIVE ORDER NO. 6746, DATED JUNE 21, 1934, AS PERMANENT EMPLOYEES OF THE DEPARTMENT TO WHICH THE FUNDS ARE ALLOTTED, AND EVEN THOUGH THEY TAKE AN OATH OF OFFICE, IT IS ONLY THOSE WORKERS WHO BECOME EMPLOYEES OF THE UNITED STATES THROUGH APPOINTMENT BY OR UNDER AUTHORITY DELEGATED FROM THE HEAD OF THE DEPARTMENT PURSUANT TO SECTION 169, REVISED STATUTES, AS AMENDED BY THE ACT OF JUNE 26, 1930, 46 STAT. 817, THAT ARE ENTITLED TO ANNUAL AND SICK LEAVE OF ABSENCE WITH PAY UNDER THE ACTS OF MARCH 14, 1936, 49 STAT. 1161 AND 1162.

ACCORDINGLY, THE CONDITION WHICH DETERMINES WHETHER THE EMPLOYEES OR WORKERS MENTIONED IN YOUR LETTER ARE ENTITLED TO LEAVE OF ABSENCE WITH PAY IS NOT WHETHER THEY HAVE A CIVIL-SERVICE STATUS, NOR WHETHER THEIR SALARY RATES AND CONDITIONS OF EMPLOYMENT ARE THE SAME AS THE REGULAR EMPLOYEES OF THE DEPARTMENT, BUT WHETHER THE METHOD OF THEIR EMPLOYMENT WAS THROUGH REGULAR APPOINTMENT AS EMPLOYEES OF THE UNITED STATES BY, OR PURSUANT TO AUTHORITY DELEGATED FROM, THE SECRETARY OF THE TREASURY, OR WHETHER THEY WERE ASSIGNED FROM THE RELIEF ROLLS TO PERFORM THE WORK IN QUESTION WITHOUT THE FORMALITY OF APPOINTMENTS. IN OTHER WORDS, THE LEAVE ACTS OF MARCH 14, 1936, ARE APPLICABLE ONLY TO OFFICERS AND EMPLOYEES OF THE UNITED STATES. HENCE, TO COME WITHIN THE PURVIEW OF THE LEAVE STATUTES, THE WORKERS MUST HAVE BEEN APPOINTED AS OFFICERS OR EMPLOYEES OF THE UNITED STATES.

YOU ARE ADVISED, THEREFORE, THAT UNLESS THE 60 EMPLOYEES OR WORKERS IN QUESTION HAVE BEEN ISSUED APPOINTMENTS AS EMPLOYEES OF THE UNITED STATES BY, OR UNDER AUTHORITY DELEGATED FROM, THE SECRETARY OF THE TREASURY, THEY ARE NOT ENTITLED TO LEAVE OF ABSENCE WITH PAY.