A-56177, JULY 10, 1934, 14 COMP. GEN. 28

A-56177, JULY 10, 1934, 14 COMP. GEN. 28

LEAVE - MILITARY - FEDERAL EMERGENCY RELIEF ADMINISTRATION EMPLOYEES OF THE FEDERAL EMERGENCY RELIEF ADMINISTRATION WHOSE APPOINTMENTS ARE DESIGNATED AS EMERGENCY RATHER THAN TEMPORARY AND ARE NOT LIMITED AS TO TIME OTHER THAN THE TIME FIXED IN THE STATUTE FOR THE TERMINATION OF THE ADMINISTRATION MAY BE GRANTED MILITARY LEAVE FOR PURPOSES OF TRAINING WITH THE NATIONAL GUARD.

COMPTROLLER GENERAL MCCARL TO J. B. WALKER, DISBURSING OFFICER, JULY 10, 1934:

THERE HAS BEEN RECEIVED YOUR LETTER OF JUNE 13, 1934, AS FOLLOWS:

IT IS REQUESTED THAT THE UNDERSIGNED BE FURNISHED AN ADVANCE DECISION AS TO THE PROPRIETY OF PAYMENTS OF SALARY ROLLS CONTAINING THE NAMES OF FEDERAL EMERGENCY RELIEF ADMINISTRATION EMPLOYEES WHO MAY BE ABSENT FROM DUTY FOR THE PURPOSE OF ATTENDING FIELD-DEFENSE TRAINING AUTHORIZED OR ORDERED UNDER THE PROVISIONS OF THE ACT OF JUNE 3, 1916, 39 STAT. 203, IF AND WHEN PRESENTED TO COVER THE DULY AUTHORIZED TRAINING PERIOD.

INFORMATION DESIRED IS ESSENTIAL DUE TO THE FACT THAT THE AUTHORIZED TRAINING PERIOD OF THE OKLAHOMA NATIONAL GUARD IS SCHEDULED TO BEGIN IN THE NEAR FUTURE. THERE ARE A CONSIDERABLE NUMBER OF EMPLOYEES OF THE FEDERAL EMERGENCY RELIEF ADMINISTRATION WHO ARE MEMBERS OF THAT ORGANIZATION AND WHO IN THE REGULAR COURSE RECEIVE PROPER ORDERS TO ENTER THE FIELD TRAINING AND A QUESTION ARISES AS TO WHETHER THESE EMPLOYEES ARE ENTITLED TO MILITARY LEAVE UNDER THE PROVISIONS OF THE ACT ABOVE CITED.

I HAVE CAREFULLY CONSIDERED YOUR NUMEROUS DECISIONS RELATING TO MILITARY LEAVE FOR TEMPORARY EMPLOYEES AND AM AT A LOSS TO DETERMINE THAT ANY OF THESE HAVE REFERENCE TO CASES ANALOGOUS TO THOSE THAT MAY BE PRESENTED TO THE UNDERSIGNED. IN THIS CONNECTION YOU WILL NOTE THAT DECISION CONTAINED IN 3 COMPTROLLER GENERAL 112 HAS REFERENCE TO A SUBSTITUTE RAILWAY POSTAL CLERK WHO OBVIOUSLY IS IN A TEMPORARY STATUS AND NOT ENTITLED TO LEAVE. COMPTROLLER GENERAL 178 APPEARS TO BE WHOLLY APPLICABLE TO EMPLOYEES WHO ARE HIRED ON JOB BASIS, THAT IS, FOR PERIODS OF SIX TO NINE MONTHS. COMPTROLLER GENERAL 275 ALSO APPEARS TO HAVE APPLICATION ONLY TO THE SAME CLASS OF EMPLOYEES AND ALL OF YOUR DECISIONS WITH WHICH I AM FAMILIAR APPEAR TO DEAL EXCLUSIVELY WITH THOSE EMPLOYEES CLASSED AS TEMPORARY. AM UNABLE TO DETERMINE WHETHER THOSE EMPLOYEES WITHOUT THE CLASSIFIED CIVIL SERVICE RATING ARE ABSOLUTELY CONSIDERED AS TEMPORARY EMPLOYEES AND THEREFORE NOT ENTITLED TO MILITARY LEAVE OF ABSENCE WITH PAY UNDER THE PROVISIONS OF THE ACT HEREIN REFERRED TO.

IN CONNECTION WITH EMPLOYEES ON DUTY IN THE ADMINISTRATIVE OFFICE OF THE FEDERAL EMERGENCY RELIEF ADMINISTRATION, STATE OF OKLAHOMA, IT IS DESIRED TO INVITE YOUR ATTENTION TO THE PROVISIONS OF PUBLIC 15, 73D CONGRESS, APPROVED MAY 12, 1933, WHICH AUTHORIZE THE ADMINISTRATOR TO APPOINT AND FIX THE COMPENSATION OF SUCH EXPERTS, AND THE APPOINTMENT MAY BE MADE AND COMPENSATION FIXED WITHOUT REGARD TO THE CIVIL-SERVICE LAWS OF THE CLASSIFICATION ACT OF 1923, AS AMENDED, AND THE ADMINISTRATOR MAY IN THE SAME MANNER FIX THE COMPENSATION OF SUCH OTHER OFFICERS AND EMPLOYEES AS ARE NECESSARY TO CARRY OUT THE PROVISIONS OF THE ACT. WHILE THESE EMPLOYEES ARE APPOINTED WITHOUT REGARD TO THE CLASSIFICATION ACT OF 1923, IT IS NOT CONSIDERED THAT THEIR APPOINTMENTS ARE IN ANY MANNER TEMPORARY, SINCE THE TENURE OF THEIR POSITIONS DEPENDS WHOLLY UPON THE DURATION OF THE ACTIVITIES OF THE FEDERAL EMERGENCY RELIEF ADMINISTRATION.

ADVANCE DECISIONS TO DISBURSING OFFICERS GENERALLY MAY BE RENDERED ONLY UPON THE SUBMISSION OF AN ADMINISTRATIVELY APPROVED VOUCHER BEFORE THEM FOR PAYMENT IN WHICH THE QUESTION IS INVOLVED. HOWEVER, AS SUCH A PROCEDURE WOULD ENTAIL DELAY IN PAYMENT UPON AN ENTIRE PAY ROLL, WHILE POSSIBLY ONLY A VERY FEW EMPLOYEES WOULD BE AFFECTED, THIS REQUIREMENT WILL NOT BE INSISTED UPON IN THIS CASE.

PURSUANT TO THE ACT OF MAY 12, 1933, 48 STAT. 55, BY WHICH IT WAS CREATED, THE FEDERAL EMERGENCY RELIEF ADMINISTRATION "SHALL CEASE TO EXIST UPON THE EXPIRATION OF TWO YEARS AFTER THE DATE OF THE ENACTMENT OF THIS ACT.' AS YOU ARE AWARE, IT IS THE GENERAL RULE THAT TEMPORARY EMPLOYEES MAY NOT BE GRANTED ANNUAL, SICK, OR MILITARY LEAVE WITH PAY. EMPLOYEES APPOINTED UNDER A CIVIL-SERVICE RULE OR REGULATION SPECIFICALLY CLASSIFYING THE POSITION AS TEMPORARY MUST NECESSARILY BE CONSTRUED AS TEMPORARY EMPLOYEES, BUT IT DOES NOT FOLLOW THAT ALL EMPLOYEES LAWFULLY APPOINTED WITHOUT REGARD TO CIVIL-SERVICE RULES AND REGULATIONS ARE TEMPORARY. (12 COMP. GEN. 431.) THE TERM "TEMPORARY" AS APPLIED TO EMPLOYEES IS GENERALLY UNDERSTOOD TO MEAN APPOINTMENTS LIMITED TO SHORT PERIODS OF TIME, SUCH AS 30, 60, OR 90 DAYS. WHILE IT IS TRUE THAT THE FEDERAL EMERGENCY RELIEF ADMINISTRATION IS LIMITED IN POINT OF TIME, IT IS NOT BELIEVED THAT THAT FACT NECESSARILY REQUIRES THAT ALL OF ITS EMPLOYEES BE CONSIDERED TEMPORARY. ACCORDINGLY, EMPLOYEES APPOINTED TO THAT ADMINISTRATION WHOSE APPOINTMENTS ARE DESIGNATED AS EMERGENCY RATHER THAN TEMPORARY APPOINTMENTS AND ARE NOT LIMITED AS TO TIME, OTHER THAN THE TIME FIXED IN THE STATUTE FOR THE TERMINATION OF THE ADMINISTRATION, WILL NOT BE CONSIDERED AS TEMPORARY EMPLOYEES WITHIN THE MEANING OF THE DECISIONS OF THIS OFFICE HOLDING THAT TEMPORARY EMPLOYEES MAY NOT BE GRANTED ANY LEAVE OF ABSENCE WITH PAY, AND, IF OTHERWISE ENTITLED THERETO, THEY MAY BE GRANTED MILITARY LEAVE FOR THE PURPOSE OF TRAINING WITH THE NATIONAL GUARD.