B-93

B-93 Jan 30, 1939 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights WHICH IS NEITHER A SUNDAY NOR HOLIDAY. THE POSTAL REGULATIONS PROVIDING THAT "ABSENCES ON SATURDAY WILL NOT BE CHARGED AGAINST ANNUAL LEAVE OR SICK LEAVE" SHOULD BE RESCINDED. 1939: THERE IS BEFORE THIS OFFICE FOR CONSIDERATION THE REQUEST OF JOSEPH P. WHICH WERE TRANSMITTED TO THIS OFFICE FOR SAFEKEEPING WHEN THE EMPLOYEE WAS ABSENT ON SICK LEAVE: TABLE CHECK NO. FLYNN FOR SEPTEMBER AND DECEMBER QUARTERS OF 1937 HAVE BEEN EXAMINED AND SHOW TIME IN PAY STATUS AND AMOUNTS PAID AS FOLLOWS: TABLE DAYS PAID CHECK NO. 309 FOR THE TIME IN PAY STATUS SHOWN ON THE VOUCHERS THE AMOUNTS PAID ARE CORRECT. IT IS NOTED THAT THE POSTMASTER AT NEW YORK. IT IS APPARENT THAT IN DETERMINING THE NUMBER OF DAYS IN PAY STATUS IN EACH SEMIMONTHLY PAY PERIOD THE POSTMASTER AT NEW YORK. View Decision B-93, JANUARY 30, 1939, 18 COMP. GEN. 629 LEAVES OF ABSENCE - ANNUAL AND SICK - POSTAL SERVICE EMPLOYEES - CHARGES FOR ADMINISTRATIVE NONWORK DAYS OCCURRING WITHIN PERIOD OF LEAVE THE POSTAL SERVICE ANNUAL AND SICK LEAVE ACT OF FEBRUARY 28, 1925, AS AMENDED BY THE ACT OF MAY 17, 1928, 45 STAT. 595, EXPRESSLY AUTHORIZING THE EXCLUSION OF SUNDAYS AND HOLIDAYS ONLY IN THE CHARGING OF DAYS ABSENT ON LEAVE, SATURDAY, THE NONWORK DAY OF SUCH EMPLOYEES UNDER THE 5-DAY-WEEK ACT OF AUGUST 14, 1935, AS AMENDED BY THE ACT OF AUGUST 16, 1937, 50 STAT. 651, AND WHICH IS NEITHER A SUNDAY NOR HOLIDAY, MUST BE CHARGED AS LEAVE WHEN OCCURRING WITHIN A PERIOD OF EITHER ANNUAL OR SICK LEAVE, AND THE POSTAL REGULATIONS PROVIDING THAT "ABSENCES ON SATURDAY WILL NOT BE CHARGED AGAINST ANNUAL LEAVE OR SICK LEAVE" SHOULD BE RESCINDED, BUT PAYMENTS OF SALARY HERETOFORE MADE IN ACCORDANCE THEREWITH NEED NOT NOW BE DISTURBED. ACTING COMPTROLLER GENERAL ELLIOTT TO THE POSTMASTER GENERAL, JANUARY 30, 1939: THERE IS BEFORE THIS OFFICE FOR CONSIDERATION THE REQUEST OF JOSEPH P. FLYNN, LABORER, AT $1,600 PER ANNUM IN THE NEW YORK POST OFFICE FOR RETURN OF FIVE SALARY CHECKS DESCRIBED BELOW, WHICH WERE TRANSMITTED TO THIS OFFICE FOR SAFEKEEPING WHEN THE EMPLOYEE WAS ABSENT ON SICK LEAVE: TABLE CHECK NO. DATE AMOUNT 230,619 ----------------------------------- OCT. 1, 1937 $53.61 252,759 ----------------------------------- OCT. 16, 1937 62.26 274,918 ----------------------------------- NOV. 1, 1937 66.41 297,091 ----------------------------------- NOV. 16, 1937 64.33 319,309 -- --------------------------------- DEC. 1, 1937 35.38 THE VOUCHERS FOR THE PAYMENTS TO JOSEPH P. FLYNN FOR SEPTEMBER AND DECEMBER QUARTERS OF 1937 HAVE BEEN EXAMINED AND SHOW TIME IN PAY STATUS AND AMOUNTS PAID AS FOLLOWS: TABLE DAYS PAID CHECK NO. SEPT. 16-30 --------------------- ---- 12 4/8 $53.61 230,619 OCT. 1-15 ---------------------- ----- 15 62.26 252,759 OCT. 16-31 -------------------- ------ 16 66.41 274,918 NOV. 1-15 ------------------- ------- - 15 64.33297,091 NOV. 16-30 --------------------------- 8 2/8 35.38 319,309 FOR THE TIME IN PAY STATUS SHOWN ON THE VOUCHERS THE AMOUNTS PAID ARE CORRECT. HOWEVER, IT IS NOTED THAT THE POSTMASTER AT NEW YORK, N.Y., STATES IN HIS LETTER OF NOVEMBER 10, 1938, THAT THE EMPLOYEE "USED 8 2/8 DAYS SICK LEAVE AND 30 DAYS ANNUAL LEAVE, OR A TOTAL OF 38 2/8 DAYS WITH 8 SATURDAYS AND 8 SUNDAYS INTERVENING.' IT IS APPARENT THAT IN DETERMINING THE NUMBER OF DAYS IN PAY STATUS IN EACH SEMIMONTHLY PAY PERIOD THE POSTMASTER AT NEW YORK, NEW YORK, FOLLOWED THE INSTRUCTIONS IN PARAGRAPH 35, PAGE 73 OF THE OFFICIAL POSTAL GUIDE FOR JULY 1936, WHICH HAVE BEEN REPUBLISHED IN THE GUIDE FOR JULY 1937, PAGE 76, AND READ, IN PART, AS FOLLOWS: ABSENCES ON SATURDAY WILL NOT BE CHARGED AGAINST ANNUAL LEAVE OR SICK LEAVE * * *. THE ACT OF FEBRUARY 28, 1925, AS AMENDED BY THE ACT OF MAY 17, 1928, 45 STAT. 595, WHICH AUTHORIZES THE GRANTING OF ANNUAL AND SICK LEAVE TO POSTAL EMPLOYEES, READS, IN PART, AS FOLLOWS: EMPLOYEES IN THE POSTAL SERVICE SHALL BE GRANTED FIFTEEN DAYS' LEAVE OF ABSENCE WITH PAY EXCLUSIVE OF SUNDAYS AND HOLIDAYS, EACH FISCAL YEAR, AND SICK LEAVE WITH PAY AT THE RATE OF TEN DAYS A YEAR, EXCLUSIVE OF SUNDAYS AND HOLIDAYS, TO BE CUMULATIVE, BUT NO SICK LEAVE WITH PAY IN EXCESS OF SIX MONTHS SHALL BE GRANTED DURING ANY ONE FISCAL YEAR. SICK LEAVE SHALL BE GRANTED ONLY UPON SATISFACTORY EVIDENCE OF ILLNESS IN ACCORDANCE WITH THE REGULATIONS TO BE PRESCRIBED BY THE POSTMASTER GENERAL. SECTION 44, POSTAL LAWS AND REGULATIONS, AS AMENDED, PROVIDED: 1 1/2. HEREAFTER NO CIVILIAN OFFICER OR EMPLOYEE OF THE GOVERNMENT WHO RECEIVES ANNUAL LEAVE WITH PAY SHALL BE GRANTED ANNUAL LEAVE OF ABSENCE WITH PAY IN EXCESS OF FIFTEEN DAYS IN ANY ONE YEAR, EXCLUDING SUNDAYS AND LEGAL HOLIDAYS: PROVIDED, THAT THE PART UNUSED IN ANY YEAR MAY BE CUMULATIVE FOR ANY SUCCEEDING YEAR. (ACT APPROVED JUNE 30, 1932, 47 STAT. 407.) THE ACT OF AUGUST 14, 1935, 49 STAT. 650, AS AMENDED BY THE ACT OF AUGUST 16, 1937, 50 STAT. 651 (39 U.S.C.