B-49733, MAY 23, 1945, 24 COMP. GEN. 846

B-49733, MAY 23, 1945, 24 COMP. GEN. 846

COMPENSATION - DEDUCTIONS - UNAUTHORIZED ABSENCE FOR PORTION OF THIRTY FIRST DAY OF MONTH IN THE ABSENCE OF A SPECIFIC PROVISION IN THE ACT OF JUNE 30, 1906, PRESCRIBING THE AMOUNT FOR DEDUCTION FROM COMPENSATION FOR PART OF A DAY'S UNAUTHORIZED ABSENCE ON THE THIRTY-FIRST DAY OF A MONTH, DEDUCTION SHOULD BE MADE ON THE BASIS PRESCRIBED BY ADMINISTRATIVE RULES FOR MAKING DEDUCTION FOR ANY OTHER FRACTIONAL DAY OF LEAVE WITHOUT PAY OR UNAUTHORIZED ABSENCE; THAT IS, ON THE BASIS OF THE ACTUAL NUMBER OF HOURS OF ABSENCE, OR A MINIMUM DEDUCTION OF ONE DAY'S SALARY OR OTHER PRESCRIBED MINIMUM.

COMPTROLLER GENERAL WARREN TO E. S. FRAZIER, HOME OWNERS' LOAN CORPORATION, MAY 23, 1945:

REFERENCE IS MADE TO YOUR LETTER OF MAY 11, 1945 (YOUR FILE PA-G-1), AS FOLLOWS:

TRANSMITTED HEREWITH IS SUPPLEMENTAL PAY ROLL VOUCHER STATED IN THE GROSS AMOUNT OF $3.25, PRESENTED TO ME TO BE CERTIFIED FOR PAYMENT TO AUDREY MICHELOTTI.

THIS EMPLOYEE WAS IN ATTENDANCE AT DUTY THE ENTIRE DAY OF JANUARY 30, 1945, AND DURING THE FIRST SIX HOURS OF THE JANUARY 31, 1945, WORK DAY. SHE ABSENTED HERSELF FROM DUTY WITHOUT APPROVAL OF LEAVE DURING THE LAST TWO HOURS OF THE JANUARY 31, 1945 WORK DAY. THERE WAS A DOUBT AS TO THE PROPER PAY ALLOWANCE FOR JANUARY 30-31, 1945, BECAUSE OF THE UNAUTHORIZED ABSENCE DURING THE LAST TWO HOURS OF JANUARY 31, IN CONSEQUENCE OF WHICH PAY FOR THE ENTIRE DAY, JANUARY 30-31, 1945, WAS DEDUCTED FROM THE EMPLOYEE'S EARNINGS.

THE INSTANT PAY ROLL REPRESENTS CLAIM FOR PAY FOR SIX HOURS ON JANUARY 30 -31, 1945. HOWEVER, SINCE THE EMPLOYEE WAS IN ATTENDANCE AT DUTY DURING ALL OF THE WORKING HOURS ON JANUARY 30, AND DURING THE FIRST SIX HOURS ON JANUARY 31, I AM UNCERTAIN AS TO WHETHER THE PAY ROLL STATES THE CLAIM IN THE AMOUNT PROPERLY DUE THE EMPLOYEE. THE SITUATION DIFFERS FROM THOSE DISCUSSED IN YOUR DECISIONS WHERE THERE IS INVOLVED UNAUTHORIZED ABSENCE DURING ALL OF THE THIRTY-FIRST DAY OF THE MONTH. MY UNCERTAINTY CONCERNS WHETHER, BECAUSE THE EMPLOYEE WAS AT DUTY ALL OF JANUARY 30, AND THE FORE PART OF JANUARY 31, 1945, SHE WOULD BE ENTITLED TO A FULL DAY'S PAY, OR WHETHER THE UNAUTHORIZED ABSENCE DURING THE LATTER PART OF JANUARY 31, 1945, WOULD NECESSITATE PRORATION OF THE JANUARY 30-31, 1945, PAY ON THE BASIS STATED IN THE PAY ROLL.

I SHALL APPRECIATE YOUR ADVICE WITH RETURN OF THE VOUCHER.

SECTION 6 OF THE ACT OF JUNE 30, 1906, 34 STAT. 763, CONTAINS THE FOLLOWING PROVISO:

PROVIDED, THAT FOR ONE DAY'S UNAUTHORIZED ABSENCE ON THE THIRTY FIRST DAY OF ANY CALENDAR MONTH ONE DAY'S PAY SHALL BE FORFEITED.

THAT PROVISO APPLIES ONLY WHERE THE ABSENCE ON THE THIRTY-FIRST OF A 31- DAY MONTH IS UNAUTHORIZED. SEE 23 COMP. GEN. 244. IT IS UNDERSTOOD THAT IN THE CASE PRESENTED THE ABSENCE ON THE THIRTY-FIRST DAY WAS UNAUTHORIZED. THE PROVISO DOES NOT STATE OR FIX A RULE REGARDING THE AMOUNT FOR DEDUCTING FROM COMPENSATION FOR PART OF A DAY'S UNAUTHORIZED ABSENCE ON THE THIRTY-FIRST DAY OF A MONTH. IN THE ABSENCE OF ANY SUCH SPECIFIC PROVISION IN THE STATUTE, THE SAME RULES WHICH ADMINISTRATIVELY HAVE BEEN ADOPTED FOR MAKING DEDUCTION FOR A FRACTIONAL PART OF ANY OTHER DAY OF LEAVE WITHOUT PAY OR UNAUTHORIZED ABSENCE SHOULD CONTROL. THAT IS TO SAY, IF THE RULE ADOPTED BY THE HOME OWNERS' LOAN CORPORATION IS TO DEDUCT ONLY TWO HOURS' COMPENSATION FOR TWO HOURS' ABSENCE WITHOUT PAY ON ANY OTHER DAY, RATHER THAN A MINIMUM OF ONE DAY'S COMPENSATION FOR ANY PART OF A DAY'S ABSENCE WITHOUT PAY--- THE LATTER RULE APPEARING TO HAVE BEEN ADOPTED BY CERTAIN AGENCIES OF THE GOVERNMENT--- THE VOUCHER PROPOSING PAYMENT OF SIX HOURS' COMPENSATION FOR JANUARY 30 AND 31, MAY BE CERTIFIED FOR PAYMENT PROVIDED, OF COURSE, THAT THE TOTAL COMPENSATION FOR THE PERIOD BEGINNING JANUARY 16 THROUGH THE SIX HOURS' WORK PERFORMED ON JANUARY 31/THE VOUCHER SHOWING THE WORKDAY TO CONSIST OF EIGHT HOURS) WOULD NOT EXCEED 14-68 DIVIDED BY 30 OF THE MONTHLY RATE OF COMPENSATION. HOWEVER, IF THE HOME OWNERS' LOAN CORPORATION HAS ADOPTED ANY OTHER RULE PRESCRIBING A MINIMUM DEDUCTION FROM COMPENSATION FOR LEAVE WITHOUT PAY, THE VOUCHER WOULD BE FOR ADJUSTMENT ACCORDINGLY.