B-976, FEBRUARY 3, 1939, 18 COMP. GEN. 641

B-976, FEBRUARY 3, 1939, 18 COMP. GEN. 641

SUBSISTENCE - PER DIEMS - SICK LEAVE DURING TRAVEL STATUS PER DIEM IN LIEU OF SUBSISTENCE IS NOT PAYABLE FOR AN ENTIRE DAY'S ABSENCE ON SICK LEAVE FROM OFFICIAL DUTY DURING A TRAVEL STATUS EITHER WHILE DETAILED TO A TEMPORARY POST OF DUTY FOR AN INDEFINITE PERIOD OR WHILE TRAVELING FROM PLACE TO PLACE IN AN ITINERARY OF TEMPORARY DUTY.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE CHAIRMAN, FEDERAL COMMUNICATIONS COMMISSION, FEBRUARY 3, 1939:

THE FOLLOWING LETTER DATED JANUARY 20, 1939, HAS BEEN RECEIVED FROM THE SECRETARY, FEDERAL COMMUNICATIONS COMMISSION:

YOU ARE REQUESTED TO INFORM THE COMMISSION AS TO WHETHER AN EMPLOYEE IN TRAVEL STATUS IS ENTITLED TO PER DIEM FOR SUBSISTENCE WHILE ON SICK LEAVE (1) WHILE DETAILED TO A TEMPORARY POST OF DUTY FOR AN INDEFINITE PERIOD AND/OR (2) WHILE TRAVELING FROM PLACE TO PLACE HE IS STRICKEN AT ONE OF THE POINTS IN THE ITINERARY WHERE SICK LEAVE IS TAKEN.

THESE QUESTIONS ARE MERELY HYPOTHETICAL FOR FUTURE GUIDANCE IN THE CERTIFICATION OF VOUCHERS TO YOUR OFFICE FOR PREAUDIT.

THE QUESTIONS PRESENTED APPEAR TO BE ANSWERED IN PARAGRAPH 45 (A) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, PROVIDING AS FOLLOWS:

IF LEAVE OF ABSENCE OF ANY KIND BEGINS OR TERMINATES WITHIN THE TRAVELER'S PRESCRIBED HOURS OF DUTY, SUBSISTENCE ALLOWANCE WILL TERMINATE OR BEGIN AT THE SAME TIME. IF THE LEAVE OF ABSENCE DOES NOT BEGIN OR TERMINATE WITHIN THE TRAVELER'S PRESCRIBED HOURS OF DUTY THE TRAVELER WILL BE REGARDED AS BEING IN A SUBSISTENCE STATUS UNTIL MIDNIGHT OF THE LAST DAY ON WHICH ACTUAL SERVICE IS RENDERED PRECEDING THE LEAVE OF ABSENCE AND FROM 12:01 O-CLOCK A.M., OF THE DAY ON WHICH ACTUAL SERVICE IS RESUMED. PRESENCE AT DUTY STATION ON SUNDAYS OR HOLIDAYS DURING DAILY PRESCRIBED HOURS OF DUTY WILL BE REGARDED AS EQUIVALENT TO ACTUAL SERVICE, IF THE TRAVELER OTHERWISE BE IN A DUTY STATUS. FRACTIONAL LEAVE OF ABSENCE WHOLLY WITHIN A DAY, WHERE FOR HALF OF THE PRESCRIBED WORKING HOURS OR LESS, WILL BE DISREGARDED FOR SUBSISTENCE PURPOSES; WHERE IT EXCEEDS HALF OF THE PRESCRIBED WORKING HOURS, NO SUBSISTENCE WILL BE ALLOWED. (SEE PARS. 4, 20, 48, 49, 58, 69 (A), 87.)

THAT IS, FOR AN ENTIRE DAY'S ABSENCE ON SICK LEAVE FROM OFFICIAL DUTY WHILE IN A TRAVEL STATUS, PER DIEM IN LIEU OF SUBSISTENCE IS NOT PAYABLE UNDER EITHER OF THE CONDITIONS (1) AND (2) STATED IN THE LETTER, SUPRA.