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Page | COMPENSATION-Continued.


Effect of payment in foreign currency-

Naval Reserve rights generally:
fact that incumbent of position covered

Aviation cadets-Naval Reserve avis-
by Exec. Order 8955, extending classifi-

tion cadets are entitled to the per-
cation act to, and establishing a salary

sions, compensation, retirement pay,
differential for, civilian positions in War

hospital benefits and death gratuities
and Navy Depts. in certain areas out-

provided by sec. 4 of act of Aug. Zi,
side U. 8., may be paid in foreign cur-

1940, as amended, to extent that such
rency would not forfeit his right to the

benefits are matters within jurisdie
salary differential, and his salary rate,

tion of this office.......
including the differential, should be

Disability prior to completion of 31 days'
computed on basis, and be the equiva-

active service-members of Naya!
lent, of U. S. currency.


Reserve whose orders to active duty
Native-pay-schedule employees—where

are for periods of indefinite duration
position is determined not to be one "for

during existing national emergency.
which citizens of the United States are

and do not otherwise indicate that
recruited" within meaning of Exec. Order

ordered duty is for less than 31 days,
8955, extending classification act to, and

are within provisions of sec. 4 of act of
establishing a salary differential for, ci-

Aug. 27, 1940, as amended, granting
vilian positions in War and Navy Depts.

pensions, compensation, retirement
in certain areas outside U.S., but, rather,

pay, and hospital and death gratuity
a position incumbent of which is paid on

benefits to members of Naval Reserve
basis of administratively adopted native

ordered to extended active duty in es.
schedule, no salary differential would be

cess of 30 days, even though they are
payable to incumbent regardless of

disabled or die prior to completion of
whether he be a native or an American

31 days' active service.....

947 Honorary retired list officers-officers
Resulting salary rate differing from classi-

and enlisted men on honorary retired
fication act rate-where addition of max-

list of Naval Reserve, established by
imum compensation differential of 25

sec. 309, Naval Reserve Act of 1938,
percent authorized for Govt. employees

who have been or may be ordered to
in the Canal Zone results in a salary rate

active duty for extended service in er-
which falls between two authorized

cess of 30 days are entitled to pensions,
classification act rates, the resulting

compensation, retirement pay and
salary rate may not be advanced to the

hospital benefits provided in act of
next higher classification act rate, but, if

Aug. 27, 1940, to extent that such
administratively desired to fix total sal-

benefits are matters within jurisdiction
ary rates of such employees at a classifica-

of this office...
tion act rate, rather than at an odd rate,

Merchant Marine cadets,Merchant
the amount of the differential may be

Marine Reserve cadets are entitled to
limited to an amount necessary to ac-

the pensions, compensation, retirement
complish that result


pay, hospital benefits, and death
Salary rate used in computation-compen.

gratuities provided by sec. 4 of act of
sation differential of not to exceed 25 per-

Aug. 27, 1940, as amended, to extent
cent which may be paid to Govt. em.

that such benefits are matters within
ployees in Canal Zone is not required to

jurisdiction of this office...
be based on minimum salary rate of

Midshipmen-Naval Reserve midship-
grade in which an employee's position is

men are entitled to the pensions, com-
allocated, but may be based on any

pensation, retirement pay, bospital
salary rate of such grade properly fixed

benefits, and death gratuities provided
for the particular employee...


by sec. 4 of act of Aug. 27, 1940, as
Status for subsequent automatic promo-

amended, to ertent that such benefits
tion action purposes—payment of salary

are matters within jurisdiction of this
differential to incumbent of position


covered by Exec. Order 8955, extending District of Columbia employees. See Dis.
classification act to, and fixing such a dif-

trict of Columbia.
ferential for, positions in War and Navy Double:
Depts. in certain areas outside U. 8., is

See, also, Officers and Employees, holding
not an "equivalent increase in compen.

two positions.
sation" within the meaning of sec. 2 of

the uniform within-grade salary-ad.

Retirement annuity and active service
vancement statute of Aug. 1, 1941, and

compensation-retirement annuity au-
does not affect incumbent's eligibility to

thorized by Civil Service Retirement
8 within-grade salary advancement

Act, as amended, and compensation
under that act..


for active service in a civilian capacity

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Page | COMPENSATION_Continued.


Annuitants Continued.

Civilian employees on military duty-
may not be paid to same person for

same period of time.....

1125 Leave payments--Continued.
Survivor annuity and active service

Application for leave, granting of, etc.,
compensation-upon death of retired

employee, payment may be made of a

cation for compensation for his
"survivor" annuity authorized by sec.

civilian leave until after restora-
4, Civil Service Retirement Act, as

tion to his civilian position may
amended, to his duly designated bene-

not be paid therefor except for
ficiary while such beneficiary is ein.

that thereafter taken.....

ployed in a civilian position and is in

Appropriation chargeable period im-
receipt of active service compensation.

mediately following last day of
10 C. G. 300; 13 id. 54; ibid. 258; 14 id.

active service in civilian position
285; and 16 id. 121, distinguished...... 1125

is period for which payment may
Survivor annuity and retirement annu-

be made to employees for annual
ity-where beneficiary of "survivor"

leave, concurrently with active
annuity authorized by Civil Service

military or naval service, pursuant
Retirement Act, as amended, is em-

to act of Aug. 1, 1941, and the fiscal
ployed in position falling within pur-

year salary appro. chargeable is the
view of said act, salary deductions

one which would have been available
should be made regularly from com.

had the leave been granted in ad.
pensation paid, but question as to

vance for such period, the charge to
whether such beneficiary will be en-

be apportioned if the leave falls in
titled to retirement annuity in addi.

two fiscal years...

tion to "survivor" annuity will be for

Appropriation deficiencies--if unobli-
determination under laws in force at

gated balance in fiscal year appro.
time right thereto arises....


chargeable is insufficient to pay
Civilian employees on military duty:

obligation created by act, Aug. 1,
Leave payments:

1941, authorizing payments to em-
Active duty with or without reservist's

ployees for leave in their civilian
consent-& member of the Officers'

positions concurrently with active
Reserve Corps who is “ordered"

military or naval service, the vouch-
pursuant to authority of law to ac-

ers covering such payments should
tive military duty, either with or

not be forwarded to this office as
without his consent, is entitled under

claims for direct settlement, but,
Act of Aug. 1, 1941, to receive pay.

rather, the administrative office
ment for accumulated and current

should take steps to obtain a supple-
accrued leave earned while in his

mental or deficiency appropriation. 258
civilian position in addition to his

military pay.


In computing annual leave for which
Application for leave, granting of, etc.,

payment is authorized by act,

Aug. 1, 1941, concurrently with
Annual leave for which payment is

active military or naval service,
authorized, concurrently with ac-

credit should be allowed for Sun.
tive military or naval service, by

days and other nonwork days.
act of Aug. 1, 1941, must be applied

See B-20149, Sept. 13, 1941, 21
for, administratively granted, and

C. G. 210...

computed the same as in any other

The payment authorized by act of
case of annual leave, except that it

Aug. 1, 1941, for leave of Govt.,
need not be applied for or granted

etc., employees concurrently with
in advance...


military or naval duty should be
Where employee who was on ordered

computed upon same basis as
military duty on Aug. 1, 1941,

though the leave had been taken
made application prior to relief

for the period covered thereby
from such duty for com pensation,

without entering the military or
pursuant to the said act, for accu-

naval service, and, therefore,
mulated and current accrued ci-

credit for Sundays and other non-
vilian leave in addition to military

work days should be allowed..... 210
pay but decision thereon was not

Where there has been administra-
reached until after restoration to

tively established a 5-day 39-hour
his civilian position, he may at

week-Monday through Friday,
this time be paid for the leave so

for per annum field employees who
applied for, but a similarly situ-

formerly worked 39 hours per
ated employee who made no appli-

week-Monday through Saturday


Page | COMPENSATION-Continued.

Civilian employees on military duty-

Civilian employees on military duty-

Leave payments--Continued.

Leave payments---Continued.
Computation Continued.

Pay roll procedureno objection to
-Saturday is thus established as a

administratively proposed pay roll,
nonwork day by "administrative

etc., procedure in connection with
order" requiring its exclusion in

payments to employees for leave
the charging of leave, and, there-

while receiving pay for military or
fore, such employees should be

naval duty, as authorized by act of
charged with only 5 days of annual

Aug. 1, 1941, which procedure con-
leave for a week's absence and not

templates, among other things, that
for 5 4/7 days as was required under

the records will not be amended to
the former workweek...--


show a return of the persons from
Employees paid from Federal funds

· furlough for the leave period and a
but appointed by States--account-

re-furlough for active duty. Hos-
ing and custodial employees serving

ever, payments should be supported
in office of U. S. Property and Dis-

by certified copy of order to active
bursing Officer for a State who are

duty or a statement showing order
employed by State military author.

to such duty and date so ordered
ities, although part of their com-

pensation is paid from Federal funds,

Any unexpended balance of lump
are not "employees of the United

sum appro. “Compensation of
States Government” within mean-

postmasters” for fiscal year 1941 is
ing of act, Aug. 1, 1941, and they may

available to pay postmasters who
not be paid under said act, concur-

have been on active military duty
rently with active military or naval

"since the fall of 1940" for leare,
service, for annual leave accrued in

concurrent with active military
their civilian positions.


duty, granted pursuant to act,
Interpretation of word “ordered":

Aug. 1, 1941
Interpretation of word "ordered" as

As the limitation in the Postal regu-
made in 21 Comp. Gen. 210 not for

lations on accumulated leave in
application to reserve officers or-

excess of 30 days is merely designed
dered to active duty with their

to prevent too long an absence in


any one fiscal year and not to
Word "ordered" as used in act, Aug.

cancel such excess, decision of
1, 1941, relating to payment of em.

Sept. 19, 1941, B-20362, 21 C. G.
ployees for leave in their civilian

237, authorizing payment for 30-
positions, concurrently with

cumulated and current accrued
active military or naval duty, ap-

leave to postmasters ordered to
pears merely to signify compul-

active military or naval duty
sion or command, as distinguished

under conditions therein set forth
from complete voluntary and self-

may be applied to authorize pay.
controlled action.


ment for all accumulated and cur.
Legislative authorization applicability

rent accrued leave, rather than
to sick leave-act of Aug. 1, 1941,

only leave not in excess of 30 days
authorizing payment for leave con-

Postmasters who have been ordered
currently with active military or

to military or naval duty-as
naval duty to Govt., etc., employees

distinguished from those voluntar-
has no application to sick leave...-. 210

ily enlisted-and whose offices
Legislative authorization scope in gen-

have been filled by acting post-
eral-Government employees in-

masters under authority of act of
ducted into military or naval forces,

Dec. 6, 1940, during their absence,
including those who volunteer for

may receive compensation for their
induction, pursuant to Selective

accumulated and current accrued
Training and Service Act of 1940, as

leave (not to exceed 30 days allow-
well as those called to active duty

able in any one fiscal year under
pursuant to Pub. Res. No. 96 of

postal regulations) under author-
Aug. 27, 1940, or section 37 (a) of the

ity of act of Aug. 1, 1941, relating to
National Defense Act of 1916, as

payment of Govt., etc., employees
amended, are within the purview of

for leave concurrently with active
the act of Aug. 1, 1941, authorizing

military or naval service......
payment for leave concurrently with

Rate at which payahle:
active military or naval duty to

A civilian employee on military duty
Govt., etc., employees "ordered" to

who becomes entitled to a withio-
such duty.


grade salary advancement under

Page COMPENSATION-Continued.


Civilian employees on military duty-

Civilian employees on military duty-

Leave payments-Continued.

Leave payments-Continued.
Rate at which payable-Continued.

ment may not be restored to a pay
act, Aug. 1, 1941, Public 200, at

status for the sole purpose of paying
beginning of a quarter occurring

him for accumulated leave unused at
within a period for which he is paid,

the time of his enlistment.....

concurrently with military pay,

Rights generally of employees entering
civilian compensation for accumu-

military duty prior to May 1, 1940–
lated and current accrued annual

employce ordered to active military
leave granted under act, Aug. 1,

or naval duty prior to May 1, 1940, is
1941, Public 202, as amended, is

entitled to the benefits of act of Aug.
entitled to be paid at increased

1, 1941, relating to payment of em.
salary rate during such period of

ployees for leave in their civilian
annual leave from effective date of

positions concurrently with active
salary advancement.


military or naval service, but this
An employee who was temporarily

does not necessarily mean that per-
appointed or promoted, prior to

son ordered to active duty prior to
being ordered into active military

date of Aug. 1 act, who completed
or naval service, to fill a vacancy

active duty prior to such date, would
created by another employee's

be entitled to its benefits.

entry into such service, is entitled,

Temporary employees-an employee
if otherwise qualified, to be paid

who was temporarily appointed or
pursuant to the act of Aug. 1,

promoted, prior to being ordered
1911, for accumulated and current

into active military or naval service,
accrued civilian leave in addition

to fill a vacancy created by another
to his military pay at the rate of

employee's entry into such service,
compensation of the position

is entitled, if otherwise qualified,
temporarily held on the last day

to be paid pursuant to the act of
of civilian service immediately

Aug. 1, 1941, for accumulated and
prior to entry on active military

current accrued civilian leave in
or naval duty.


addition to his military pay at the
Employee reduced in grade and

rate of compensation of the position
salary simultaneously with

temporarily held on the last day of
release from active civilian service

civilian service immediately prior to
under orders to enter active mili-

entry on active military or naval
tary service may be paid compen-


sation for accumulated and current

Training duty-an employee who is
accrued civilian leave, concurrent-

ordered with his consent to "active
ly with active military pay, under

duty training with the Regular
act, Aug. 1, 1941, only at reduced

Army" as a member of the Officers'
rate applicable to position actually

Reserve Corps under authority of
held at time he entered military

the National Defense Act is entitled


to payment for accumulated and
Restoration to civilian position prior

current accrued leave under the
to legislation authorizing such pay.

act of Aug. 1, 1941

ments--if employee returned to his

Volunteers for enlistment:
civilian position from military sery-

Action taken to separate civilian
ice prior to Aug. 1, 1911, the date of

employee upon his voluntary en-
approval of Public Law 202, granting

listment subsequent to May 1,
to employees ordered to military

1940, either by acceptance of his
duty the right to receive payment

resignation or otherwise, may not
for accumulated and current accrued

thereafter be rescinded by retro-
leave in addition to their military

actively changing administrative
pay, he was not in a status upon

records to show such employee as
which the statute could operate and

in a leave-without-pay status, not-
is entitled merely to be recredited

withstanding sec. 7 of Service
with such leave

Extension Act of 1941 conferring on
Restoring separated employees solely

such volunteers the same reem-
for payment for leave-an employee

ployment benefits accorded per-
who is not restored pursuant to sec. 7

sons inducted under Selective
of the Service Extension Act of 1941

Training and Service Act of 1940,
to active Federal civilian duty after

but his right to such reemploy.
discharge from inilitary or naval

ment benefits will not be affected
service under a voluntary enlist-

by his separation from the service. 403


Page COMPENSATION-Continued.


Civilian employees on military duty-

compensation or retired payunless retired

pay equals or exceeds $3,000 per annum,
Leave payments-Continued.

otherwise, deductions to bring combined
Volunteers for enlistment-Continued.

rate within limitations must be made
A Govt. employee ind into

from retired pay...
military service on June 17, 1941,

Fees as salary-compensation paid for
who enlisted in Regular Army on

special delivery of mail matter is not
June 20, 1941, is entitled to the

based upon any element of time but
benefits of the act of Aug. 1, 1941,

constitutes payment of indefinite and
authorizing payment for accumu-

undetermined aggregate made up of
lated and current accrued leave,

charges for separate services dependent
concurrently with active military

entirely upon contingencies beyond
or naval duty, to employees of the

control of Govt. or employee, and accord-
United States, etc., "ordered”

ingly, does not constitute salary within
to such duty.

434 meaning of dual compensation act of
Civilian employee who voluntarily

enlists may not receive payment

Leaves of absence:
for accrued civilian annual leave

Concurrent military duty. See Cost
concurrently with military or

pensation, double, ctrllian employ a en
naval pay, even though combined

military duty.
rate of such compensation and

Concurrent regular compensation and
pay be less than the $2,000 per

leave payments in same position:
annum limitation specified in

Appucation for and denial of leste
dual compensation statute of

War Dept. Aeld service employees
1916, and no question regarding his

are not entitled to payment under
leave rights will arise until he has

the act, June 3, 1941, and the Presi-
complied with the terms and con-

dent's regulations issued pursuant
ditions of sec. 7 of Service Ex-

thereto, for annual leave in lieu de
tension Act of 1941 entitling him

vacations unless permission to take
to restoration to his civilian posi-

a vacation has been requested and
tion and he has been so restored.. 851

such permission has been denied,
While employees who enter mili-

even though current accrued les ve
tary or naval service by voluntary

would be forfeited at the end of the
enlistment, regardless of date of

calendar year because of excess
enlistment, are not entitled to bene.

fits of act of Aug. 1, 1941, relating

Application for and denial of leate
to payment of employees for leave

prior to effective date of Erec.
concurrently with military or

order-War Dept. field service enn.
naval duty, those who voluntarily

ployee within purview of sec. I of
enlist after May 1, 1940, are entitled

E. 0. 8817, prescribing rules and
to the reemployment benefits of

regulations under which payments
section 7 the act of Aug. 19,

are to be made pursuant to act, June


3, 1941, for denied vacations, may not
Women's Army Auxiliary Corps mem-

be compensated for any forfeitable
ber's eligibility-female civilian Govt.

leave accrued during the calendar
employees who enter Women's

year 1941 if the request for and denial
Army Auxiliary Corps are entitled

of the leave occurred prior to the
to benefits of act, Aug. 1, 1941, as

effective date, July 5, 1941, of the
Amended, authorizing payment for

Executive order......

accumulated or current accrued

Application for leave not made be
leave concurrently with active

cause of indispensability of em.
military duty, on same basis and in

ployee's services—where applica-
accordance with same rules as have

tion for current accrued annual
been stated in decisions of this office

leave was not made by War Dept.
with respect to male civilian em-

field service employee because of a
ployees who enter active military

prior determination that his services


could not be spared during the year,
District of Columbia employees. See Dis-

compensation may not be paid after
tric of Columbia.

Dec. 31 under act, June 3, 1941, for
Election of amount for retention-under

leave forfeited because of excess
sec. 212, act of June 30, 1932, limiting to

accumulation, since the President's
$3,000 per annum combined rate of re-

regulations issued pursuant to the
tired pay and civilian compensation of

act require that application for the
retired commissioned officers who are

leave be made and denied before
also civilian Govt. employees, there is no

payment for such leave is gutbar.
right of election to receive either civilian


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