B-92468, FEBRUARY 13, 1950, 29 COMP. GEN. 322

B-92468, FEBRUARY 13, 1950, 29 COMP. GEN. 322

LEAVES OF ABSENCE - ANNUAL - LUMP-SUM PAYMENTS IN VIEW OF THE ACT OF MARCH 2, 1940, PROVIDING THAT THE DAYS OF ANNUAL LEAVE WITH PAY AUTHORIZED FOR EMPLOYEES BY THE ACT OF MARCH 14, 1936, SHALL BE EXCLUSIVE OF ALL NON-WORKDAYS, IN COMPUTING THE LUMP-SUM PAYMENT FOR ACCRUED ANNUAL LEAVE PAYABLE UNDER THE ACT OF DECEMBER 21, 1944, TO THE SECRETARY OF THE INTERIOR UPON HIS RESIGNATION, NO LEAVE CHARGE SHOULD BE MADE FOR SATURDAYS FALLING WITHIN THE ACCRUED LEAVE PERIOD IF THE SECRETARY'S OFFICE WAS NOT REGULARLY OPEN FOR BUSINESS ON SATURDAYS AT THE TIME OF HIS RESIGNATION. 25 COMP. GEN. 151, DISTINGUISHED.

COMPTROLLER GENERAL WARREN TO FLOYD E. DOTSON, DEPARTMENT OF THE INTERIOR, FEBRUARY 13, 1950:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 26, 1950, REQUESTING DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE VOUCHER THEREWITH TRANSMITTED IN FAVOR OF J. A. KRUG, FORMER SECRETARY OF THE INTERIOR, COVERING COMPENSATION FOR 14 DAYS, IN ADDITION TO THE LUMP-SUM PAYMENT PREVIOUSLY MADE TO HIM FOR 81 DAYS' AND 3 HOURS' ANNUAL LEAVE TO HIS CREDIT AT THE TIME OF HIS RESIGNATION. IN THE COMPUTATION OF THE ORIGINAL LUMP-SUM LEAVE PAYMENT ONE DAY'S LEAVE WAS CHARGED FOR EACH SATURDAY WITHIN THE PERIOD OVER WHICH THE LEAVE WAS COMPUTED--- SAID ACTION APPARENTLY HAVING BEEN TAKEN UNDER THE BELIEF THAT THE HOLDING IN 25 COMP. GEN. 151 WAS APPLICABLE.

THE REFERRED-TO DECISION, 25 COMP. GEN. 151, HELD, AT PAGE 153, AS FOLLOWS:

WHILE THE HEAD OF AN AGENCY APPOINTED BY THE PRESIDENT, BY AND WITH THE ADVICE AND CONSENT OF THE SENATE, IS AN "OFFICER" AS DISTINGUISHED FROM AN "EMPLOYEE" AND IS ENTITLED TO THE COMPENSATION ATTACHED TO HIS OFFICE AS AN INCIDENT TO THE TITLE TO THE OFFICE, RATHER THAN AS AN INCIDENT TO THE ACTUAL RENDERING OF SERVICE (24 COMP. GEN. 45, AND COURT DECISIONS THEREIN CITED), IN THE RECORDING OF CHARGES FOR LEAVE OF ABSENCE TAKEN BY SUCH AN OFFICER PURSUANT TO THE LEAVE LAWS AND REGULATIONS, ONE DAY'S LEAVE SHOULD BE CHARGED FOR ABSENCE ALL DAY ON SATURDAY--- A DAY FOR WHICH HE IS PAID 1/360 OF HIS ANNUAL SALARY--- WHERE, AS IN THE OFFICE OF PRICE ADMINISTRATION, IT IS A WORKDAY FOR THE AGENCY INVOLVED. (ITALICS SUPPLIED.) WHEN SAID DECISION WAS RENDERED, THE OFFICE OF PRICE ADMINISTRATION WAS OPERATING SIX DAYS A WEEK.

THE ACT OF MARCH 2, 1940, 54 STAT. 38, PROVIDES:

BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE DAYS OF ANNUAL LEAVE WITH PAY PROVIDED FOR IN THE ACT OF MARCH 14, 1936 (49 STAT. 1161), AND THE DAYS OF SICK LEAVE WITH PAY PROVIDED FOR IN THE ACT OF MARCH 14, 1936 (49 STAT. 1162), SHALL MEAN DAYS UPON WHICH EMPLOYEES WOULD OTHERWISE WORK AND RECEIVE PAY, AND SHALL BE EXCLUSIVE OF SUNDAYS WHICH DO NOT OCCUR WITHIN A REGULAR TOUR OF DUTY, HOLIDAYS, AND ALL NONWORK DAYS ESTABLISHED BY FEDERAL STATUTE OR BY EXECUTIVE OR ADMINISTRATIVE ORDER. (ITALICS SUPPLIED.)

ASSUMING THAT THE OFFICE OF THE SECRETARY OF THE INTERIOR WAS NOT OPEN FOR BUSINESS ON SATURDAYS AT THE TIME OF FORMER SECRETARY KRUG'S RESIGNATION, NO CHARGE FOR LEAVE FOR SATURDAYS SHOULD BE MADE IN COMPUTING THE PERIOD FOR WHICH COMPENSATION WAS BASED UNDER THE LUMP SUM LEAVE ACT. IF THIS ASSUMPTION BE CORRECT, THE VOUCHER, IF OTHERWISE CORRECTLY COMPUTED, MAY BE CERTIFIED FOR PAYMENT.