LEAVES OF ABSENCE-Continued.
Annual-Continued.

Separation from service-Continued.

taking into consideration leave earned
during a period of pay covering accu-
mulated and current accrued leave
granted immediately prior to separa-
tion from the service.....
Status as a right-under act, Mar. 14, 1936,
annual leave is a right granted by statute.
Status as being synonymous with duty-
period of leave with pay is synonymous
with duty status...
Sundays and holidays. See Sundays and
Holidays, leaves of absence, annual.
Temporary employees:

After first month of service-after first
month of service annual leave may be
credited to temporary employees at
beginning of month in which it accrues
but it is to be noted that such em-
ployees are not entitled to such leave
for fractional month's service......
Fractional month's service-continuity

of service of temporary employees for
annual leave earning purposes is not
broken by Sundays not occurring
within regular tour of duty, or holidays
or nonwork days established by Fed-
eral statute or by Executive or admin-
istrative order, nor by furlough with-
out pay for lack of work or funds if such
period is administratively permitted
to be "bridged over" by accrued an-
nual leave...
Tours of duty in excess of 7 hours daily-
39-hour 6-day employees working on 39-
hour 5-day basis-where there has been
administratively established a 5-day 39-
hour week-Monday through Friday-
for per annum field employees who for-
merly worked 39 hours per week-Mon-
day through Saturday-Saturday is thus
established as a nonwork day by “ad-
ministrative order" requiring its exclu-
sion in the charging of leave, and, there-
fore, such employees should be charged
with only 5 days of annual leave for a
week's absence and not for 5 days as
was required under the former work
week
Transfers:

Differential accumulations-War De-
partment civilian employee with post
of duty outside continental limits of
U.S. who is transferred to post of duty
within said limits-both positions be-
ing within purview of Annual Leave
Act of Mar. 14, 1936-loses leave differ-
ential authorized for former duty by
said leave act, and therefore is not
entitled to accumulated leave in excess
of the 60 days authorized for em
ployees within said limits.
Reemployment after retirement-a Navy
Dept. employee retired for age and re-
appointed to his former position the

reaus of same department-tempo-
rary employee transferred from one
bureau of War Department to another
without break in service may transfer
his accrued annual and sick leave.....
Court-postmasters generally-term "any
employee of the United States" as used
in act of June 29, 1940, relating to leave and
compensation during jury service of Govt.
employees, includes postmasters of all
classes....
Furlough-without pay. See Leaves of
Absence, without pay.

Jury service. See Leaves of Absence, court.
Military:

Census employee's status-permanent em-
ployees of the Bureau of the Census
transferred to temporary decennial
census positions under sec. 3, act of June
18, 1929, for a period not to exceed three
years, and employees originally ap-
pointed under the same authority for
like periods, are not temporary em-
ployees for military leave purposes and,
therefore, when ordered to military or
naval duty for training, may be granted
military leave of absence with pay sub-
ject to the terms and conditions of the
several statutes authorizing such leave.
20 Comp. Gen. 163, distinguished...
National Guard accounting and custodial
'personnel-derivation of leave rights....
Temporary employees-employees ap-
pointed for decennial census-perma-
nent employees of the Bureau of the
Census transferred to temporary decen-
nial census positions under sec. 3, act of
June 18, 1929, for a period not to exceed
three years, and employees originally
appointed under the same authority for
like periods, are not temporary em-
ployees for military leave purposes and,
therefore, when ordered to military or
naval duty for training, may be granted
military leave of absence with pay sub-
ject to the terms and conditions of the
several statutes authorizing such leave.
20 Comp. Gen. 163, distinguished.....
Sick:

Advances:

Compensation adjustments for excess.
See Leaves of Absence, sick, compensa-
tion adjustments for excess.
Probationary employees-a probation-
ary employee is not entitled, under
the act of March 14, 1936, and regula-
tions issued pursuant thereto, to
advanced sick leave in excess of the

Page

694

101

191

514

305

514

LEAVES OF ABSENCE-Continued.
Sick-Continued.

Advances-Continued.

amount that would accumulate from
date of the advance to the end of the
probationary period..
"War Service" employees-sick leave
may be advanced to employees given
"War Service" appointments for dura-
tion of war and six months thereafter
pursuant to Civil Service Regulations
promulgated under Exec. Order 9063
to same extent and upon same basis as
sick leave is authorized to be advanced
to permanent employees, except that
during a war service appointee's trial
period, which is tantamount to a
"limited appointment" within the
sick-leave-advance restrictions of sec.
6 of the Sick Leave Regulations, the
sick leave advanced may not exceed
the amount that would accumulate
during such period.....

Applicability of legislation authorizing
concurrent military and civilian leave
pay-act of Aug. 1, 1941, authorizing
payment for leave concurrently with
active military or naval duty to Govt.
etc., employees has no application to
sick leave....

Compensation adjustments for excess:
Construction of regulations generally-
exceptions to general rule in Sick Leave
Regulations that employee must be
charged for overdrawn sick leave are
required to be strictly construed......
Separation from service:

Employee previously reemployed after
retirement-a Navy Dept. employee
retired for age and reappointed to
his former position the next day'
under act, June 28, 1940, is required,
upon his subsequent separation from
the service by voluntary resignation,
to refund the compensation received
for any sick leave used but unaccrued
during the entire period of service
either before or after retirement.....
Employee who, although eligible for
retirement for disability, voluntarily
resigns on account of disability with-
out making application for retire-
ment must refund compensation re-
ceived prior to separation from the
service for advanced sick leave......
Compensation equivalent payments-
concurrently with pay for denied annual
leave-War Dept. field service employee
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 relinquished and, also, for
absence on account of sickness, injury,
or otherwise, only if the two payments
are not to cover the same period of
time....

Page LEAVES OF ABSENCE-Continued.
Sick-Continued.

766

989

210

27

694

27

629

Forty-hour week employees:
Accumulation basis-annual and sick
leave credit for War Dept. employees
who are within purview of 40-hour
week act of Mar. 28, 1934, or other
similar statute, accumulates on basis
of the year for annual leave and on
basis of the month for sick leave,
rather than on basis of number of
days in their administratively estab-
lished work week of 40 hours.
Days outside regular tour of duty:
War Dept. employees subject to 40-
hour week act of Mar. 28, 1934, or
other similar statute, including per
annum employees subject to acts of
Oct. 21, 1940, and June 3, 1941, should
be charged with or granted annual or
sick leaves of absence only on days
within their regular 40-hour weekly
tour of duty, and, therefore, they
may not be granted such leave for
any day outside such tour of duty
for which overtime compensation
at overtime rates authorized by
the acts would be payable had they
worked....

While War Dept. per annum em-
ployees subject to 40-hour week
statutes of Oct. 21, 1940, or June 3,
1941, are entitled to regular com-
pensation for days outside regular
tour of duty without working (unless
withheld as disciplinary measure for
failure to work when ordered),
annual or sick leave, which is
synonymous with duty status, may
not be granted or charged for days
outside such tour of duty for which
overtime compensation would be
payable.....

Page

965

965

965

National Guard accounting and custodial
personnel-derivation of leave rights.... 305
Part-time or intermittent employees-
District of Columbia personnel-per
annum professional employees of Dist.
of Col. who are appointed for part-time
service and whose annual salaries are
fixed on that basis are "part-time em
ployees" within meaning of Sick Leave
Regulations excluding such employees
from benefits of sick leave act of Mar.
14, 1936, even though they might use
their time off from duty for “adequately
informing themselves of current medical
practices" or might furnish services in
addition to those called for under their
appointments..
Reemployment-transfers of leave. See
Leaves of Absence, sick, transfers.

Status as being synonymous with duty-
period of leave with pay is synonymous
with duty status....

Sundays and holidays. See Sundays and
Holidays, leaves of absence, sick.

644

596

Civilian employers on military duty:
Furlough status authority:

In general-it is within administrative
discretion either to separate em-
ployees from their civilian positions
or to furlough them without pay
during absence while in the military
or naval service. 20 C. G. 167; 21
id. 403...

Voluntary enlistees-under sec. 7 of
the Service Extension Act of 1941,
which made applicable to persons
enlisting after May 1, 1940, the re-
employment benefits of sec. 8 of the
Selective Training and Service Act of
1940, an employee who voluntarily
enlists may be either separated from
the service or carried in a furlough
status-conditioned upon future
compliance with the conditions
named in said sec. 8-during his
military or naval service; and his
right to such benefits will be the
same in either event...
General effect of prior payment for annual

leave denied-neither act, June 3, 1941,
providing that War Dept. field service
employees who forego vacations may
be paid for the annual leave covering
vacations so relinquished, nor Presi-
dent's regulations issued pursuant there-
to, prohibit furloughing of such employ-
ees for temporary lack of work and pay-
ing them while on such absence for any
accumulated or current accrued leave
to which they might be entitled...
Status of absence on holiday on which
work is required to be performed-
absence of employee on a holiday on
which he would otherwise be required
to work under a general administrative
order is not leave without pay within
meaning of provision in sec. 9 of the
Annual Leave Regulations that leave
without pay may not be granted until
annual leave has been exhausted.......
Sundays and holidays. See Sundays and
Holidays, leaves of absence, without pay.
LEGISLATION:

Effect of Resolutions-resolutions of Senate
and House of Representatives do not have
force and effect of a statute, and provisions
thereof may be given effect only when to do
so will not conflict with any statutory law..

Page LEGISLATION—Continued.

694

Statutory construction. See Statutory Con-
struction.

Suspension of-effect on permissive as well
as mandatory provisions-where, by E. O.
8719 and 8812, the President has suspended
compliance with "the provisions of the
sections" of the appropriation acts therein
mentioned, the effect is to suspend com-
pliance with provisions in said sections
with respect to permissive action as well as
the mandatory provisions, notwithstand-
ing the administrative motives in recom-
mending issuance of the Executive Orders
may have been otherwise....

LIBRARY OF CONGRESS:

General discussion of certifying and disburs-
ing officers' liability under proposed ad-
ministrative responsibility-fixing pro-

629

901

954

Motor vehicle operation:

Cost liability:

Cost of chauffeur's license is personal to
employee as incident of employment
and may not be paid from public
funds.

No authority for payment from public
funds of State license tag fee on Govt.
vehicle...

Page

205

987

769

769

Cost-plus contract. See Contracts, cost-
plus, motor vehicle tags, plates, operator's
permits, etc.

LIENS:

Private property-purchase or discharge-
rental-purchase contracts. See Contracts,
rental-purchase, pre-existing liens.

MEDICAL TREATMENT:

Public:

Naval Reserve rights generally:

Aviation cadets-Naval Reserve avia-
tion cadets are entitled to the pensions,
compensation, retirement pay, hospi-
tal benefits and death gratuities pro-
vided by sec. 4 of act of Aug. 27, 1940,
as amended, to extent that such bene-
fits are matters within Jurisdiction of
this office.
Disability prior to completion of 31
days' active service-members of
Naval Reserve whose orders to active
duty are for periods of indefinite
duration during existing national
emergency, and do not otherwise
indicate that ordered duty is for less
than 31 days, are within provisions
of sec. 4 of act of Aug. 27, 1940, as
amended, granting pensions, com-
pensation, retirement pay, and hos-
pital and death gratuity benefits to
members of Naval Reserve ordered
to extended active duty in excess of 30
days, even though they are disabled
or die prior to completion of 31 days'
active service...

121

121

MEDICAL TREATMENT-Continued.

Public-Continued.

Naval Reserve rights generally-Con.
Honorary retired list officers-officers
and enlisted men on honorary retired
list of Naval Reserve, established by
sec. 309, Naval Reserve Act of 1938,
who have been or may be ordered
to active duty for extended service in
excess of 30 days are entitled to pensions,
compensation, retirement pay and
hospital benefits provided in act of
Aug. 27, 1940, to extent that such
benefits are matters within jurisdic-
tion of this office..
Merchant

Marine cadets-Merchant
Marine Reserve cadets are entitled to
the pensions, compensation, retire-
ment pay, hospital benefits and death
gratuities provided by sec. 4 of act of
Aug. 27, 1940, as amended, to extent
that such benefits are matters within
jurisdiction of this office..
Midshipmen-Naval Reserve midship-
men are entitled to the pensions, com-
pensation, retirement pay, hospital
benefits and death gratuities provided
by sec. 4 of act of Aug. 27, 1940, as
amended, to extent that such benefits
are matters within jurisdiction of this
office....

MEMBERSHIP DUES AND FEES:

See Fees, membership.

MIDSHIPMEN:

For general matters, see Naval Academy.
MILEAGE:

See, also, related headings: Traveling Ex-
penses; Etc.

Active duty:

Marine Corps Reserve-place from which
entitled to-when Naval Reserve or
Marine Corps Reserve officers and en-
listed men are ordered to active duty,
they are entitled to mileage or transpor-
tation from homes of record to active-
duty station, provided they are at homes
when active-duty orders are received
and they report for such duty under the
orders, but when not at place designated
as home when appointed or enlisted and
are immediately placed on active duty,
place where accepted for appointment
or enlistment is place from which they
are entitled to transportation......................
Naval Reserve-prior to acceptance of
commission and receipt of travel orders-
where individual to whom commission
in Naval Reserve had been issued com-
menced travel to first duty station prior
to formal acceptance of the commission
and prior to receipt of travel orders,
which were in existence and of which he
had been informally advised when he
commenced the travel, such commence-
ment of travel constitutes an acceptance
of the commission by conduct so as to

Page MILEAGE-Continued.

Active duty-Continued.

entitle him, upon execution of oath of
office, to mileage to first duty station and
to pay and allowances from date it was
necessary to commence travel in order to
report for duty on date specified in his
orders.

Officers' Reserve Corps-place of record v.
place of employment-C. C. C. civilian
employees, whose orders to active duty
as Reserve officers were received by them
at places of employment rather than at
permanent addresses of record and who
actually traveled from such places of em-
ployment although orders directed travel
from addresses of record, may be re-
garded as having traveled from homes
for purpose of paying them mileage un-
der sec. 37a, Natl. Defense Act, if orders
be now amended to direct travel from
places of employment...
Automobiles-use of privately owned. See
Mileage, travel by privately owned auto-
mobile.

Prior to acceptance of commission and re-
ceipt of travel orders-where individual to
whom commission in Naval Reserve had
been issued commenced travel to first duty
station prior to formal acceptance of the
commission and prior to receipt of travel
orders, which were in existence and of
which he had been informally advised
when he commenced the travel, such com-
mencement of travel constitutes an accept-
ance of the commission by conduct so as to
entitle him, upon execution of oath of
office, to mileage to first duty station and
to pay and allowances from date it was
necessary to commence travel in order to
report for duty on date specified in his
orders..

Travel by privately owned automobile:
Certificates, voucher forms, etc.-Gen.
Reg. 88, Supp. 2, Aug. 27, 1941....
Common carrier comparative costs-travel
order conditioning mileage-reimburse-
ment upon its economy and advantage-
a claim for mileage under a general order
authorizing reimbursement at not to
exceed a certain rate per mile for the use
of a privately owned automobile when-
ever the cost thereof is more economical
and advantageous to the U. S. should be
supported by a statement of fact show.
ing that the use of the privately owned
automobile and payment on a mileage
basis were more advantageous and eco-
nomical to the U. S..
Joint travel:
Employee accompanied by relative-
where employee is given advance
authorization to use a privately owned
automobile on official business and to
claim reimbursement at 5 cents per
mile without any advance notice that
the mileage would be reduced in pro-
portion to the number of passengers

Page

819

63

819

1152

713

MILEAGE-Continued.

Travel by privately owned automobile-
Continued.

Joint travel-Continued.

carried, a prorating of the total allow-
ance of 5 cents per mile is not required
on the basis that the employee's wife
accompanied him. 5 Comp. Gen. 110,
involving travel on actual expense
basis, distinguished.....
Gen. Reg. 88, Supp. 2, Aug. 27, 1941....
Military and civilian personnel-where
Navy Dept. civilian employee, au-
thorized to travel on a mileage-for-use-
of-privately-owned-automobile basis,
traveled in Navy officer's automobile
accompanied by the officer who has
been paid mileage under sec. 12, act,
June 10, 1922, the civilian employee is
entitled to payment of mileage for use
of the automobile upon certification
that he paid the operating expenses
thereof, regardless of whether payment
of mileage allowance to the officer was
proper. 20 C. G. 512, involving travel
by two or more civilian employees in
same automobile, distinguished.......
Military, naval, etc., personnel-under

act, May 29, 1928, authorizing 3 cents
per mile to naval, etc., personnel when
traveling by privately owned con-
veyance under orders which entitle
them to transportation, a Navy officer,
otherwise entitled to transportation,
who traveled by privately owned
automobile with another Navy officer
is entitled to such money allowance,
notwithstanding the other officer paid
the operating expenses of the auto-
mobile. 8 Comp. Gen. 134, amplified.
Portion of journey only-intervening
steamship transportation-where em-
ployee's travel orders indicate that reim-
bursement for transportation, including
fare on steamship between islands of
Oahu and Hawaii, was to be on a mile-
age-for-use-of-privately-owned-automo-
bile basis for entire distance traveled
under the orders, but it is administra-
tively reported that intention was other-
wise as to the steamship transportation
and it is unreasonable to suppose that
mileage only was intended for that por-
tion of the transportation, reimburse-
ment for the steamship transportation
need not be limited to the mileage basis
but may be on basis of the actual cost of
employee's transportation......
Travel as a prerequisite to payment-the
money allowance for travel by privately
owned conveyance which, under the act
of May 29, 1928, may be paid to Army,
Navy, etc., personnel in lieu of transpor
tation in kind when traveling under
competent orders may not be paid in
advance of the travel.

Travel with troops-travel with Army
vehicle to field duty-Army officer travel-
ing by Army vehicle with an enlisted
driver to field duty involving use of the
vehicle is traveling with troops-whether
or not the travel was with other vehicles
assigned to such duty-within the mean-
ing of Army regulations providing in effect
that travel with troops will be regarded as
covering all cases of travel under orders for
movement of detachments, escorts, or
stores, where the movement overland is
made by march or by transportation be-
longing to the United States, and, there-
fore, is not entitled to mileage..
Witnesses-uncompensated Selective Serv-
ice System personnel-uncompensated
personnel of Selective Service System, in-
cluding local board members, are officers
of U. S., and their traveling expenses in-
cident to attendance upon U. S. courts as
witnesses in their official capacity should
be paid on basis of Standardized Govt.
Travel Regulations from Selective Service
appropriations, rather than on a mileage
basis, as provided in 28 U. S. C. 600c, from
Dept. of Justice appropriations.....

MILITARY LEAVE:

See Leaves of Absence, military.
MISCELLANEOUS RECEIPTS:

Sales:

Old or used equipment-cash sale price
higher than trade-in value-when used
automobile is to be exchanged in whole
or part payment for a new one, both cash
bids and trade-in offers must be solicited
and, if the cash bid is higher, it must be
accepted, and proceeds deposited in
Treasury as miscellaneous receipts, and
full price of vehicle charged to passenger-
carrying vehicle appropriation limita-
tion, even though appropriation esti-
mates were prepared, and appropriation
made, on basis of net cost of vehicles.
Appropriation language suggested,
which would permit use of proceeds of
such sales in whole or in part payment
for new vehicles
Surplus real estate-proceeds of sale of
real estate, turned over to Public Build-
ings Admin. for disposition as surplus
real estate under act, Aug. 27, 1935, as
amended, after acquisition by Farm
Credit Admin. at foreclosure proceed-
ings upon default of loans, are for deposit
and covering into Treasury as miscellane-
ous receipts, under title "Sale of Land,
Public Buildings Administration," and
not for deposit to credit of any F. C. A.
appropriation or fund.

NATIONAL CAPITAL PARK AND PLAN-
NING COMMISSION:

Employees:

Classification Act applicability-while