B-31250, JANUARY 1, 1943, 22 COMP. GEN. 581

B-31250, JANUARY 1, 1943, 22 COMP. GEN. 581

COMPENSATION - SUNDAY OR HOLIDAY IMMEDIATELY PRECEDING FURLOUGH WITHOUT PAY WHERE AN EMPLOYEE PAID ON AN ANNUAL BASIS FOR EVERY DAY OF THE YEAR, INCLUDING SUNDAYS AND HOLIDAYS, IS GRANTED ACCUMULATED ANNUAL LEAVE ENDING AT THE CLOSE OF BUSINESS ON A SATURDAY, OR THE DAY PRECEDING A HOLIDAY, AND FURLOUGH WITHOUT PAY FOR THE PURPOSE OF ENTERING THE WOMEN'S ARMY AUXILIARY CORPS IS ADMINISTRATIVELY APPROVED IN ADVANCE TO BEGIN ON THE NEXT FOLLOWING DUTY DAY, THE EMPLOYEE IS ENTITLED TO COMPENSATION FOR THE SUNDAY OR HOLIDAY INTERVENING BETWEEN THE EXPIRATION OF THE ANNUAL LEAVE AND THE BEGINNING OF THE PERIOD OF FURLOUGH WITHOUT PAY.

COMPTROLLER GENERAL WARREN TO B. J. OLIVER, RAILROAD RETIREMENT BOARD, JANUARY 1, 1943:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 15, 1942, AS FOLLOWS:

ATTACHED HERETO IS A SHORT FORM PAYROLL COVERING THE PAYMENT FOR SUNDAY, NOVEMBER 15, 1942, TO MARCELLE K. FISCHER, FOR WHICH WE REQUEST YOUR DECISION AS TO THE VALIDITY OF THIS PAYMENT.

THIS EMPLOYEE WAS CALLED FOR DUTY IN THE WOMEN'S ARMY AUXILIARY CORPS. SHE WAS GRANTED ACCUMULATED ANNUAL LEAVE ENDING AT CLOSE OF BUSINESS SATURDAY, NOVEMBER 14, 1942. HER LEAVE WITHOUT PAY FOR THE PURPOSE OF ENTERING THE MILITARY SERVICE WAS APPLIED FOR AND ADMINISTRATIVELY APPROVED IN ADVANCE TO BEGIN ON MONDAY, NOVEMBER 16, 1942.

FROM A STUDY OF THE COMPTROLLER GENERAL'S DECISIONS, A-53192 AND A 53210 IN VOLUME 13, PAGES 206 AND 207, WE INTERPRET THAT THE PAYMENT FOR SUNDAYS AT EITHER END OF THE PERIOD OF LEAVE WITHOUT PAY IS WITHIN THE SCOPE OF ADMINISTRATIVE REGULATION, AND WE THEREFORE CONCLUDE THAT THE PAYMENT IN THIS INSTANCE FOR SUNDAY, NOVEMBER 15, 1942, IS ENTIRELY PROPER.

THE PAY ROLL VOUCHER FORWARDED WITH YOUR LETTER SHOWS THAT MARCELLE K. FISCHER WAS EMPLOYED IN A POSITION IN GRADE CAF-2 WITH SALARY RATE OF $1,440 PER ANNUM.

THE RULES STATED IN THE TWO DECISIONS OF JANUARY 24, 1934, 13 COMP. GEN. 206, AND 207, TO WHICH YOU REFER, ARE AS FOLLOWS (QUOTING FROM THE SYLLABI):

13 COMP. GEN. 206.

EMPLOYEES ABSENT ON LEAVE WITHOUT PAY FOR A DEFINITE PERIOD, WHICH HAS BEEN APPLIED FOR IN WRITING AND APPROVED BY THE PROPER ADMINISTRATIVE AUTHORITY, AND WHO REPORT FOR DUTY AT THE BEGINNING OF THE DUTY DAY NEXT FOLLOWING THE EXPIRATION OF SUCH DEFINITE PERIOD, ARE ENTITLED TO COMPENSATION FOR THE SUNDAYS AND HOLIDAYS OCCURRING BETWEEN THE EXPIRATION OF THE LEAVE GRANTED AND THE DAY OF ACTUAL REPORTING FOR DUTY.

EMPLOYEES ARE NOT ENTITLED TO COMPENSATION FOR SUNDAYS AND HOLIDAYS OCCURRING WITHIN A DEFINITE PERIOD OF LEAVE OF ABSENCE WITHOUT PAY ADMINISTRATIVELY AUTHORIZED IN ADVANCE EVEN THOUGH THE SUNDAY OR HOLIDAY OCCURS ON THE LAST DAY OF THE AUTHORIZED DEFINITE PERIOD OF LEAVE OF ABSENCE WITHOUT PAY AND THE EMPLOYEE REPORTS FOR DUTY AT THE BEGINNING OF THE DUTY DAY NEXT FOLLOWING THE EXPIRATION OF SUCH DEFINITE PERIOD. ITALICS SUPPLIED.)

13 COMP. GEN. 207.

WHILE THE GENERAL RULE HAS BEEN RECOGNIZED BY THE ACCOUNTING OFFICERS THAT COMPENSATION MAY BE PAID TO AN EMPLOYEE FOR SUNDAYS AND HOLIDAYS OCCURRING BETWEEN THE TERMINATION OF A DEFINITE PERIOD OF LEAVE OF ABSENCE WITHOUT PAY ADMINISTRATIVELY GRANTED IN ADVANCE, AND THE ACTUAL RETURN OF THE EMPLOYEE TO DUTY AT THE BEGINNING OF THE DUTY DAY NEXT FOLLOWING THE EXPIRATION OF SUCH DEFINITE PERIOD, THE COMPENSATION FOR SUCH SUNDAYS AND HOLIDAYS MAY BE DENIED BY ADMINISTRATIVE REGULATION GOVERNING THE GRANTING OF LEAVE OF ABSENCE WITHOUT PAY APPLICABLE TO ALL EMPLOYEES OF A DEPARTMENT. ( ITALICS SUPPLIED.) SEE, ALSO, 15 COMP. GEN. 775; 16 ID. 807; 19 ID. 794 (LAST PARAGRAPH OF SYLLABUS):

REFERRING TO THE ITALICIZED PORTION OF THE QUOTED SYLLABI, THERE IS FOR NOTING THAT THE RULES THERE STATED ARE FOR APPLICATION ONLY TO CASES WHEN THERE IS A RETURN TO DUTY. ACCORDINGLY, SAID RULES ARE NOT SPECIFICALLY APPLICABLE TO A SITUATION SUCH AS IN THE INSTANT CASE WHERE THERE IS INVOLVED AN EMPLOYEE WHO ENTERS THE SERVICE OF THE WOMEN'S ARMY AUXILIARY CORPS.

HOWEVER, AN EMPLOYEE WHO IS PAID ON AN ANNUAL BASIS FOR EVERY DAY OF THE YEAR INCLUDING SUNDAYS AND HOLIDAYS, AS IN THE INSTANT CASE, MAY BE SEPARATED FROM THE SERVICE, BY RESIGNATION OR OTHERWISE, EFFECTIVE ON A SUNDAY OR A HOLIDAY ON WHICH WORK ORDINARILY WOULD NOT BE REQUIRED, THEREBY AUTHORIZING PAYMENT OF COMPENSATION TO THE EMPLOYEE FOR THE SUNDAY OR HOLIDAY, THE LAST DAY THE EMPLOYEE WOULD HAVE BEEN IN AN EMPLOYMENT STATUS. IT HAS OFTEN BEEN HELD THAT A SEPARATION FROM ACTIVE SERVICE BY FURLOUGH WITHOUT PAY MAY BE REGARDED FOR FINAL PAY AND TERMINATION LEAVE PURPOSES ON THE SAME BASIS AS A FINAL SEPARATION FROM THE SERVICE. COMP. GEN. 14; 17 ID. 174; 19 ID. 716. THIS IS TRUE PARTICULARLY WITH REFERENCE TO CIVILIAN EMPLOYEES WHO ENTER THE ACTIVE MILITARY SERVICE. COMP. GEN. 94, 699; 19 ID. 445, 686; 21 ID. 210, 258, 403.

ACCORDINGLY, IT WAS WITHIN THE ADMINISTRATIVE DISCRETION OF THE RAILROAD RETIREMENT BOARD TO INCLUDE SUNDAY, NOVEMBER 15, 1942, AS THE LAST DAY OF THE EMPLOYEE'S CIVILIAN EMPLOYMENT, MAKING HER FURLOUGH WITHOUT PAY BY REASON OF HER ENTRY INTO THE SERVICE OF THE WOMEN'S ARMY AUXILIARY CORPS (21 COMP. GEN. 1116), EFFECTIVE ON MONDAY, NOVEMBER 16, 1942. THUS, CERTIFICATION OF THE INVOLVED VOUCHER, IF OTHERWISE CORRECT, IS AUTHORIZED.