B-165339, NOV. 18, 1968
Highlights
LEWIS: WE ARE IN RECEIPT OF YOUR LETTER OF AUGUST 2. ORDINARILY THIS OFFICE WILL RENDER DECISIONS ONLY TO AUTHORIZED CERTIFYING AND DISBURSING OFFICERS OR TO HEADS OF DEPARTMENTS OR AGENCIES. IN ORDER TO FACILITATE THE SETTLEMENT OF THIS MATTER WE WILL RENDER A DECISION IN THIS INSTANCE. THAT HIS TRAVEL ORDERS AUTHORIZING RETURN TO HIS PERMANENT DUTY STATION READ: "DEPARTURE WILL BE NO LATER THAN 0800 ON DAY FOLLOWING COMPLETION OF DUTY. THE PROVISIONS OF 5 U.S.C. 6101 (B) (2) ARE IN PERTINENT PART AS FOLLOWS: "TO THE MAXIMUM EXTENT PRACTICABLE. GEN. 425 AT 427 CONCERNING THE ABOVE PROVISION WE STATED THAT: "WE DO NOT BELIEVE IT WAS INTENDED THAT THE HEAD OF AN AGENCY IN EXERCISING THE ADMINISTRATIVE DISCRETION UNDER SUCH PROVISION COULD PERMIT A TRAVELER UNDER THE CIRCUMSTANCES SUCH AS HERE INVOLVED TO DELAY HIS RETURN TO HIS OFFICIAL HEADQUARTERS UNTIL THE MONDAY AFTER A WEEKEND SO AS TO INCREASE HIS ENTITLEMENT TO PER DIEM IN LIEU OF SUBSISTENCE.'.
B-165339, NOV. 18, 1968
TO MR. W. H. LEWIS:
WE ARE IN RECEIPT OF YOUR LETTER OF AUGUST 2, 1968, REFERENCE NY6/12770/600), AND SUBSEQUENT INDORSEMENTS THERETO REQUESTING OUR DECISION AS TO WHETHER AN EMPLOYEE WHO COMPLETES TEMPORARY DUTY AWAY FROM HIS HOME STATION ON A FRIDAY AND WHO WAITED UNTIL THE FOLLOWING MONDAY TO BEGIN TRAVEL TO HIS PERMANENT DUTY STATION MAY BE CHARGED LEAVE FOR THE 2 DAYS SPENT IN A TRAVEL STATUS AND WHETHER HE MAY BE PAID PER DIEM FOR THAT PERIOD.
ORDINARILY THIS OFFICE WILL RENDER DECISIONS ONLY TO AUTHORIZED CERTIFYING AND DISBURSING OFFICERS OR TO HEADS OF DEPARTMENTS OR AGENCIES, 31 U.S.C. 74, 82D. HOWEVER, IN ORDER TO FACILITATE THE SETTLEMENT OF THIS MATTER WE WILL RENDER A DECISION IN THIS INSTANCE.
IN YOUR LETTER YOU STATE THAT THE EMPLOYEE FINISHED HIS TEMPORARY DUTY AND WENT INTO A LEAVE STATUS FOR 4 HOURS ON FRIDAY, APRIL 12, 1968, AND THAT HIS TRAVEL ORDERS AUTHORIZING RETURN TO HIS PERMANENT DUTY STATION READ: "DEPARTURE WILL BE NO LATER THAN 0800 ON DAY FOLLOWING COMPLETION OF DUTY. TRAVEL SHOULD BE DURING NORMAL WORKING HOURS AS NEARLY AS POSSIBLE.'
THE PROVISIONS OF 5 U.S.C. 6101 (B) (2) ARE IN PERTINENT PART AS FOLLOWS:
"TO THE MAXIMUM EXTENT PRACTICABLE, THE HEAD OF AN AGENCY SHALL SCHEDULE THE TIME TO BE SPENT BY AN EMPLOYEE IN A TRAVEL STATUS AWAY FROM HIS OFFICIAL DUTY STATION WITHIN THE REGULARLY SCHEDULED WORKWEEK OF THE EMPLOYEE.'
IN OUR DECISION IN 46 COMP. GEN. 425 AT 427 CONCERNING THE ABOVE PROVISION WE STATED THAT: "WE DO NOT BELIEVE IT WAS INTENDED THAT THE HEAD OF AN AGENCY IN EXERCISING THE ADMINISTRATIVE DISCRETION UNDER SUCH PROVISION COULD PERMIT A TRAVELER UNDER THE CIRCUMSTANCES SUCH AS HERE INVOLVED TO DELAY HIS RETURN TO HIS OFFICIAL HEADQUARTERS UNTIL THE MONDAY AFTER A WEEKEND SO AS TO INCREASE HIS ENTITLEMENT TO PER DIEM IN LIEU OF SUBSISTENCE.' ALSO, IN THAT DECISION (COPY HEREWITH) WE INDICATED THAT THE CHARGING OF LEAVE UNDER SUCH CIRCUMSTANCES IS A MATTER FOR ADMINISTRATIVE CONSIDERATION AND THEREFORE DISCRETIONARY WITH THE AGENCY. WE SEE NO REASON WHY THAT DECISION WOULD NOT BE APPLICABLE IN THE SITUATION HERE INVOLVED AND THE PER DIEM COMPUTED AS STATED THEREIN.
THE COPY OF THE VOUCHER AND ACCOMPANYING PAPERS ARE RETURNED HEREWITH AND THE MATTER SHOULD BE HANDLED IN ACCORDANCE WITH THE ABOVE.