COMPENSATION-Continued.

Double-Continued.

Leaves of absence-Continued.

Concurrent regular compensation and
leave payments in same position-
Continued.

Application for leave not made fol-
lowed by determination employee's
services were indispensable-under
act, June 3, 1941, and President's
regulations issued pursuant thereto,
a War Dept. field service employee
may not be compensated after ex-
piration of the calendar year for
annual leave not applied for and
denied during the calendar year in
which the leave accrued, notwith-
standing a determination is made at
the time of proposed payment that
his services could not have been
spared during the preceding year...
Certificate that leave would otherwise

be forfeited-vouchers proposing
payment pursuant to act, June 3,
1941, for annual leave covering
vacation applied for and denied
to those War Dept. field service em-
ployees who, under sec. 1 of Exec.
Order 8817, are entitled to payment
for only so much of their current
accrued leave covering a relin-
quished vacation as would be
forfeited because of excess accumu-
lation, should contain a certification
that leave for which payment is
proposed would be forfeited at end
of calendar year during which the
leave accrued.
Concurrent annual and sick leave pay.
ments-War Dept. field service em-
ployee who foregoes his vacation
may be paid pursuant to act, June 3,
1941, and President's regulations
issued pursuant thereto, for annual
leave covering the vacation so relin-
quished and, also, for absence on
account of sickness, injury, or other-
wise, only if the two payments are
not to cover the same period of
time....
Current leave after accruing maximum
leave for 4 consecutive years-if a
War Dept. "nonindustrial" civilian
employee stationed outside conti-
nental U. S. had, on Jan. 1, 1941,
accumulated 104 days' annual leave,
exclusive of Sundays and holidays,
for four consecutive years of service,
he must be considered as having
already forfeited 26 days' leave as
of that date, none of which may be
compensated for under the terms of
sec. 1 of Exec. Order 8817 issued pur-
suant to act of June 3, 1941, author-
izing payments for denied vacations

as therein specified...
470350m-4277

Page | COMPENSATION-Continued.
Double-Continued.

629

1023

629

688

Leaves of absence-Continued.
Concurrent regular compensation and
leave payments in same position-
Continued.

"Current leave" defined-for purposes

of payment under sec. 1 of E. O.
8817, issued pursuant to act, June 3,
1941, for the current-as distin-
guished from accumulated-leave
that an employee would forfeit if he
is required to forego his vacation,
the 26 or 30 days, as the case may be,
of annual leave which War Dept.
employees stationed outside conti-
nental U. S. accrue each year for 4
consecutive years, including the year
current when the leave is taken, is
to be classed as current leave only
during the year in which it accrues.
Current leave during fourth leave-
accrual year-if a War Dept. "nonin-
dustrial" civilian employee sta-
tioned outside continental U. S.,
who may accumulate 104 days' an-
nual leave, exclusive of Sundays and
holidays, through 4 consecutive years,
including the year current when the
leave is taken, applies for and is
denied during his fourth consecutive
year the amount of annual leave, not
to exceed 26 days exclusive of Sundays
and holidays, he would forfeit at the
end of that year, he may be paid for
such leave, subject to the conditions
of sec. 1 of Exec. Order 8817, issued
pursuant to act of June 3, 1941, au-
thorizing payments for denied vaca-
tions as therein specified....
General effect of denied leave payments
on leave payments on separation
from service-whether a War Dept.
field service "industrial" employee
is to be paid for annual leave to his
credit upon separation from service
is not dependent upon whether he
has been previously paid pursuant to
act, June 3, 1941, and President's
regulations issued pursuant thereto,
for current accrued leave in lieu of a
vacation, but is dependent upon the
usual rules with respect to granting
accumulated and current accrued
leave upon separation from the
service....

General effect of employee's being on
military duty-where War Dept.
fleld service employee of class en-
titled to payment under act, June 3,
1941, for current accrued leave in
lieu of vacation is on leave without
pay as Reserve officer on active duty,
his right to payment for accumulated
and current accrued leave is con-
trolled by act, Aug. 1, 1941, with
respect to leave rights of Govt. em-

COMPENSATION-Continued.
Double-Continued.

Leaves of absence-Continued.

Concurrent regular compensation and
leave payments in same posi-
tion-Continued.

ployees, generally, who are on active
military or naval duty.
Granting of annual leave after pay-
ment for denied leave-War Dept.
field service employee who has been
paid pursuant to act, June 3, 1941, and
President's regulations issued pursu-
ant thereto, for current accrued an-
nual leave in lieu of a vacation may
subsequently for urgent, unforeseen
reasons be given leave chargeable
against any annual leave he might
then have to his credit.....
"Industrial" employees defined-War
Dept. field service employees en-
gaged in construction, manufac-
turing, etc., pursuits whose services
are of type in demand by private in-
dustry, and are thus entitled to
payment for current accrued annual
leave in lieu of relinquished vaca-
tions under sec. 2, E. O. 8817, issued
pursuant to act, June 3, 1941, regard-
less of leave accrued in prior years,
are administratively designated as
"Industrial" employees whose posi-
tions are not classified under Classi-
fication Act of 1923.
Limitation of leave payments to cur-

rent year leave accruals:
Under act, June 3, 1941, and Presi-

dent's regulations issued pursuant
thereto, War Dept. field service
employees may not be advanced
annual leave in order to be paid
therefor in lieu of vacations.------
War Dept. field service employees

are entitled under act, June 3, 1941,
and E. O. No. 8817 promulgated
pursuant thereto, to be paid only
for current annual leave accrued
during a particular calendar year
at the time application for vacation
is made and denied, whether they
are of the class covered by sec. 1 of
said E. O. entitled to payment for
only so much of their current
accrued leave as would be for
feited because of excess accumula-
tion, or whether of the class
covered by sec. 2 of said E. O. en-
titled to payment for current ac-
crued leave regardless of leave ac-
cumulated in a prior year...
Payments for leave extending into sub-
sequent year-War Dept. field serv-
ice employee whose application for
current accrued annual leave was
made at such time in December that,
had the leave been granted instead
of denied, the leave status of the em-

Double-Continued.

Leaves of absence-Continued.
Concurrent regular compensation and
leave payments in same posi-
tion-Continued.

ployee would have extended into the
following calendar year, may not be
paid under act, June 3, 1941, and
President's regulations issued pur-
suant thereto, for any part of the
relinquished vacation period extend-
ing beyond the end of the calendar
year in which the leave accrued.....
Saturdays-War Dept. field service

Pare

employee who is entitled to payment
under act, June 3, 1941, and Presi
dent's regulations issued thereunder,
for period of annual leave covering
relinquished vacation is not entitled
to payment for Sundays and other
nonwork days occurring at the begin-
ning or end of such period, but he
may be paid a full day's salary for
every Saturday, for which four hours
or one-half day of leave is charged,
occurring within or on first or last
day of period, as well as for Sundays
occurring within such period....... 100
Sundays and nonwork days:

War Dept. field service employee
who is entitled to payment under
act, June 3, 1941, and President's
regulations issued pursuant there-
to, for annual leave covering a va-
cation which he has requested per.
mission to take but which was
denied because his services could
not be spared should be paid as if
he were actually on vacation for
the period so denied him, and,
therefore, credit for Sundays and
other nonwork days occurring
within such period should be
allowed...

War Dept. field service employee
who is entitled to payment under
act, June 3, 1941, and President's
regulations issued thereunder, for
period of annual leave covering
relinquished vacation is not en-
titled to payment for Sundays and
other nonwork days occurring st
the beginning or end of such
period, but he may be paid a full
day's salary for every Saturday.
for which four hours or one-half
day of leave is charged, occurring
within or on first or last day of
period, as well as for Sundays oc-
curring within such period........ 1033

Time of leave payments:

Under act, June 3, 1941, and Presi-

dent's regulations issued pursuant
thereto, War Dept. field service
employees may not be paid for
entire year's accrual of annual

COMPENSATION-Continued.

Double-Continued.

Leaves of absence-Continued.

Concurrent regular compensation and
leave payments in same position-
Continued.
Time of leave payments-Continued.
leave for which payment is
claimed, in lieu of relinquished
vacations, until end of calendar
year.

War Dept. field service employee
who foregoes his vacation because
his services cannot be spared and
meets requirements of act, June 3,
1941, and President's regulations
issued pursuant thereto, by actu-
ally requesting leave in advance
and having such application denied
acquires a vested right to payment
for leave so denied, and the certi-
fication required by the regula-
tions and the actual disbursement
on the pay roll may follow at any
proper date, whether in the same
or a subsequent calendar year or
years

Postal Service employees:
Act Mar. 1, 1929, limitation applica-
bility-the compensation limitation
in Postal Service dual employment
and compensation statute of Mar. 1,
1929, is not applicable to payment of
fees for special delivery service which
theretofore had been expressly author-
ized by law...

Serving also as special delivery mes-
sengers-mail messengers and job
cleaners at first- and second-class post
offices, regularly employed and whose
salary is fixed on annual basis, may be
paid fees authorized for service as
special delivery messengers in addi-
tion to regular salary without contra-
vening any of the dual compensation
statutes, provided such service is not
performed during regular tour of
duty.....

Substitutes in general-in view of the
act of Mar. 1, 1929, limiting to $2,000
the total amount that postal employ.
ees serving in a dual capacity may re-
ceive in any one fiscal year, the total
salary of a substitute postal clerk who
is assigned, also, to the duties of a sub-
stitute laborer in a first- or second-class
post office during different periods of
time may not exceed $2,000 per annum,
and the same limitation is applicable to
the dual employment of substitute
clerks as substitute carriers and vice
versa. Decision to be effective in
audit of accounts beginning with fiscal
year 1942.

Retired personnel:

Annuitants. See Compensation, double,

annuitants.

Double-Continued.

Retired personnel-Continued.
Concurrent retired and civilian service

pay:

Concurrent payment of retired pay

and civilian compensation to retired
Army warrant officer who had been
retired from Army on account of age
is not in contravention of the dual
compensation act of 1916, even
though combined amount of his
retired pay and civilian compensa.
tion exceeds limitation of act; nor is
such payment in contravention of
section 212 of the Economy Act,
since he was not retired on account
of commissioned service..
Election of amount for retention-
under sec. 212, act of June 30, 1932,
limiting to $3,000 per annum com-
bined rate of retired pay and civilian
compensation of retired commis-
sioned officers who are also civilian
Govt. employees, there is no right of
election to receive either civilian
compensation or retired pay unless
retired pay equals or exceeds $3,000
per annum; otherwise, deductions to
bring combined rate within limita-
tions must be made from retired
pay..

Enlisted personnel:

Retired Army enlisted man whose
retired pay is so reduced as to ex-
clude benefit he acquired under
act of June 6, 1924, to be retired as
a warrant officer on account of
having served as commissioned
officer during World War, may be
employed as military instructor in
District of Columbia schools even
though salary rate of civilian posi-
tion and reduced retired pay ex-
ceeds $3,000 per annum limitation
of sec. 212, act of June 30, 1932.....
Retired Army enlisted men are not
subject to dual compensation limi-
tations of acts of July 31, 1894,
May 10, 1916, and June 30, 1932,
except that under latter act Army
enlisted man retired on account
of service as commissioned officer
during World War who accepts
civilian position must have retired
pay reduced to rate not in excess
of rate he would have received if
he had retired on enlisted service,
only, if combined rate of civilian
salary and retired pay computed
on account of commissioned serv-
ice would exceed $3,000 per annum.
While retired Army officer who re-
ceives retired pay of less than $2,500
per annum is not prohibited by act,
July 31, 1894, as amended, from
receiving less than $2,500 per annum

COMPENSATION-Continued.
Overtime-Continued.

Forty-hour week-Continued.
Sunday and holiday work-Continued.
work performed, on a holiday or any
other day, outside of his regular tour
of duty to make up for the time lost
is not payable at the overtime rate
but only at the regular rate......
The 40-hour-week statute of Mar. 28,
1934, fixes only a minimum overtime
rate of compensation at time and one-
half and does not preclude the fixing
of a higher rate for overtime on Sun-.
days or holidays, so that Panama
Canal regulations may provide for
overtime compensation for Sundays
and holidays at a rate of 24 times
regular rate..
Where regular 8-hour tour of duty of
40-hour-week employees was SO
changed on a holiday-not arbi-
trarily but in an emergency-from 8
a. m.-4 p.m. to 12 midnight-8 a. m.,
the latter 8 hours constituted part of
the regular 40-hour weekly tour of
duty and the employees are not en-
titled to pay at overtime rates for the
8 hours actually worked, or to gra-
tuity pay for the holiday, in addition
to their regular wages...

Truck drivers removal from purview of
Classification Act-where proper ad-
ministrative action has been taken to
eliminate the position of truck driver,
heavy duty, in the field service of the
Ordnance branch of the War Dept.
from the purview of the Classification
Act, and, also, to include such posi-
tions under the 40-hour week act of
Oct. 21, 1940, and to fix a regular tour
of duty of 40 hours per week, payment
of overtime compensation under the
terms of the latter statute is authorized
for time worked, including travel time,
in excess of the regular 40-hour tour of
duty.....
Weekly . daily computation basis-in
computing overtime compensation of
40-hour week War Dept. field service
employees under act, Oct. 21, 1940, an
employee should be paid his regular
rate of compensation for the five days
comprising his regular work week if in
a pay status for an aggregate of 40 hours
during such regular work week, and
any time actually worked during the
week in addition to the 40 hours thus
computed is compensable at the over-
time rate regardless of the day of the
week on which the overtime work is
performed...
Work on day outside regular tour of
duty:

If 40-hour-week employee does not
work or is not otherwise in a pay
status during leave or on a holiday
for all of the 40 hours of his regular