LEAVES OF ABSENCE-Continued.
Sick-Continued.

Recredit of prior accrued leave-Cont.
After military duty-Continued.

furlough or leave of absence during
period of active military service,
and is to be restored with same leave
status (as to both credits and debits)
as he had when he left civilian
position to enter active military
service..
Where former employee, after receiv-
ing medical discharge from Navy,
applied for reinstatement to former
position in accordance with sec. 8,
Selective Training and Service Act
cf 1940, but was not physically quali-
fied to perform duties of such posi-
tion, administrative action termina-
ting military furlough and pur-
porting to place employee on leave
without pay to permit him to
recuperate may not be regarded as
having had effect of restoring him to
former position for purpose of pre-
serving right to have restored to him
the sick leave which stood to his
credit when he entered the Navy.
23 Comp. Gen. 96, distinguished....
Separation from service:

Compensation adjustments for excess.

See Leaves of Absence, sick, compensa-
tion adjustments for excess, separation
from service.

Leave on leave. See Leaves of Ab-
sence, sick, leave on leave, during ter-
minal leave with pay.
Resignation after continuous period of
annual and sick leave, without return
to duty-there is no prohibition in
Annual and Sick Leave Regs. against
granting of annual and sick leave as
continuous period of absence without
return to duty, either at termination
of service or otherwise, and, therefore,
employee who was absent from duty
on sick leave and at expiration of all
accrued sick and annual leave tend-
ered his resignation is not required,
under sec. 3.6 of regulations, to return
to duty before sick leave may be
granted.....

Status as being synonymous with duty:
Contrary to general rule that leave of
absence with pay is synonymous with
duty status, such leave may not be in-
cluded in determining total number
of hours' "actual and satisfactory
service" required of substitute postal
employee for automatic promotion
purposes under act of Mar. 24, 1944
(cf. 29 C. G. 177). 23 C. G. 766, over-
ruled in part...

In determining total number of hours'
continuous service rendered by substi
tute postal employee for purpose of
adjusting compensation under act of
598796-44-vol. 23-71

Page LEAVES OF ABSENCE-Continued.
Sick-Continued.

869

832

638

920

Status as being synonymous with duty-

Continued.

Mar. 24, 1944, each day's absence on
leave with pay may be considered the
same as 8 hours' service....
Substitution for annual leave:

Medical certificate filing as prerequi-
site-in view of the provisions of sec.
3.6, Annual and Sick Leave Regs.,
which clearly contemplate return to
duty and filing of medical certificate
in support of request for substitution
of sick leave for annual leave, where
employee, while on annual leave, re-
quests substitution of sick leave for
annual leave and at expiration of both
his sick and annual leave tenders res.
ignation, substitution of sick leave for
annual should not be approved unless
and until there is return to duty and
filing of required medical certificate...
Return to duty as prerequisite-in view
of the provisions of sec. 3.6, Annual
and Sick Leave Regs., which clearly
contemplate return to duty and filing
of medical certificate in support of re-
quest for substitution of sick leave for
annual leave, where employee, while
on annual leave, requests substitution
of sick leave for annual leave and at
expiration of both his sick and annual
leave tenders resignation, substitution
of sick leave for annual should not be
approved unless and until there is re-
turn to duty and filing of required med-
ical certificate...

Substitution for leave without pay:
Leave without pay erroneously charged—
under sec. 4.8 (a) of Annual and Sick
Leave Regs., when leave without pay
is charged as result of mistake of fact
or law, action may be corrected to ex-
tent of substituting, retroactively
effective, leave with pay standing to
employee's credit on date of erroneous
action charging leave without pay, for
corresponding period of leave without

LEAVES OF ABSENCE-Continued.

Sick-Continued.

Substitution for leave without pay-Con.
Sick leave advances retroactively grant-
ed-Continued.

period of absence in a nonpay status,
unless and until there is a return to
actual duty, and that such leave
without pay may not be converted
to sick leave, has no application to
advance of sick leave to which an
employee is entitled when he goes
on leave without pay because of
illness.

Temporary employees:

Effect of leave without pay-"month of
service" required under sec. 3.1 (b) of
Sick Leave Regs., as condition to
crediting sick leave of temporary and
indefinite employees, relates to period
of employment with pay, and, there-
fore, period of leave without pay
breaks a "month of service" so as to
preclude crediting sick leave to tempo.
rary and indefinite employees who are
absent on leave without pay for a por-
tion of a month. Rules stated in 16
C. G. 993 and 20 id. 827 are not changed
by leave regulations effective Jan. 1,
1944.

Effect of suspension from duty-under

sec. 4.4, Annual and Sick Leave Reg-
ulations, providing that leave shall
not accrue during period of suspension
for disciplinary reasons in excess of 3
days, temporary employees suspended
for disciplinary reasons for more than
3 days would lose sick leave credit for
service month in which they were sus-
pended...
Leave on leave during terminal leave
with pay-sec. 4.2 (b), Annual and Sick
Leave Regs., prohibiting grant of
leave on leave during terminal leave,
applies to employees whose tenure of
service is indefinite and whose termi-
nation of service must be fixed after
service has been rendered and has no
application to deny temporary em-
ployees who are appointed for defi-
nite periods of time not exceeding one
year-the annual leave to which they
are entitled by law and regulations for
each full month of service, which in-
cludes both active service and leave
lawfully granted.

Transfers:

Break in service-nonpay status between
separation from terminated agency
and reappointment in another agency
-although granting of leave without
pay after date a position is abolished
by law is unauthorized, provisions of
sec. 9 (c), Annual Leave Regs., as
amended, respecting granting of leave
without pay or furlough to employees

Transfers-Continued.

with unused leave whose services are
terminated under certain conditions,
may be regarded as authorizing
bridging over of period not to exceed
12 months between date of separation
of employee from the National Youth
Administration-on account of liqui-
dation of that agency on or prior to Jan.
1, 1944-and reappointment in another
agency for purpose of transferring
annual and sick leave credits pursuant
to secs. 6 and 9, Annual and Sick
Leave Regs., respectively.....
Reemployment after war service trans-
fer-lapse exceeding one day but not
period allowable under war service
regulations-sec. 9, Sick Leave Regs.
(E. O. No. 8385), which precluded
transfer of employee's accrued sick
leave from one agency to another un-
less transfer was without "break in
service"-a separation of one or more
work days does not prevent transfer
of accrued sick leave of employee who
transferred with reemployment rights
and benefits provided by war service
regulations and who, after involuntary
termination of service in position to
which transferred, made timely appli-
cation for reemployment in former
position and was restored after lapse of
more than one day but within 40-day
period prescribed by war service
regulations...

Sundays and holidays. See Sundays and Hol-
idays, leaves of absence.

Accrual of annual and sick leave during

periods of.

See Leaves of Absence, an-

nual, accrual, during leave without pay
status; Leaves of Absence, sick, accrual,
during leave without pay status.
Administrative authority as affected by

whether employee has unused annual
leave:

Provision of sec. 4.8 (a), Annual and
Sick Leave Regs., that leave without
pay may be granted employee for
period not exceeding 12 months regard-
less of whether he has leave standing to
his credit was not intended to limit
administrative action in granting
leave without pay to period of 12
months in all cases, but is merely lim-
itation on amount of such leave that
may be granted while employee has
annual leave to his credit.....
Where employee has been carried on rolls
in leave without pay status because
of extended illness for one year or more
and has no unused annual leave to his
credit, it is within administrative
discretion to grant him additional
leave without pay.

Page

208

871

789

789

LEAVES OF ABSENCE-Con.

Without pay-Continued.

Authority to grant after abolition of
position-granting of leave without pay
after date a position is abolished by law
is unauthorized........
Compensation deductions-absence on
thirty-first day of month-provision of
act of June 30, 1906, requiring forfeiture
of one day's pay for unauthorized absence
on 31st day of a month, is not applicable
where employee was absent on annual
leave through a portion of 31st day of
month and on authorized leave without
pay (due to entrance on active military
duty) during remainder of that day..
Jurisdiction:

208

244

Annual and sick leave acts of Mar. 14,
1936, do not purport to vest in Presi-
dent any authority to promulgate
uniform regulations controlling or
limiting administrative action of vari-
ous agencies of Govt. in granting leave
of absence without pay, except so far as
such absence without pay may be
involved in connection with granting
of sick or annual leave with pay.... 789
Where employee has absented himself
from work without prior authoriza-
tion, administrative determination
after his return to duty that facts and
circumstances of case are not such as
to warrant conclusion that he was
"a. w. o. l.," even though absence
was without pay, is not subject to
review or revision by this office....
Retroactive approval-where employee
having no annual or sick leave to his
credit has absented himself from work
for single work day without prior au-
thorization and it is administratively
determined after his return to duty that
conditions rendered advance application
for leave without pay impracticable,
justifying conclusion that he was not
"a. w. o. l.," employee's pay status
may be regarded the same as though
leave without pay had been granted
in advance..
Substitution of annual and sick leave.
See Leaves of Absence, annual, substi-
tution for leave without pay; Leaves of
Absence, sick, substitution for leave with.

out pay.

Sundays and holidays. See Sundays and
Holidays, leaves of absence, without pay.
LEGISLATION:

Provisions in appropriation acts as consti-
tuting substantive law-general provisions
in National War Agencies Appro. Act,
1944, granting special authority to constit-
uent agencies under Office for Emergency
Management including War Relocation
Authority for conduct of war program of
said agencies, constitute, in effect-even
though contained in appropriation act-
substantive provisions of law which vest

960

960

in War Relocation Authority whatever
authority was encompassed in such pro-
visions at time they were enacted into
law.

Statutory construction. See Statutory Con-
struction.

LOSS BY EXCHANGE:

See Exchange.

MAILS:

See Post Office Department, mails.
MARRIAGE:

See, also, Husband and Wife.
Annulment. See Annulment of Marriage.
MEDALS AND OTHER PRIZES:
Additional pay. See Pay, additional.
MEDICAL EXAMINATIONS:
See Physical Examinations.
MEDICAL TREATMENT:

Physical examinations. See Physical Exam-
inations.

Private:

Civilian employees-preventive treatment
after exposure to contagious disease-
purchase of drugs and their administra-
tion by private physician to Weather
Bureau employees as immediate pre-
ventive measure after employees were
exposed in line of duty to spinal menin-
gitis, epidemic variety, and in order to
obviate possibility of employees being
quarantined and resultant closing of
station, may be considered as necessary
from administrative standpoint and
primarily for benefit of Govt., rather
than employees, so as to justify payment
of expenses thereof from Bureau's ap-
propriation for salaries and expenses....
Leaves of absence military, naval, etc.,
personnel-Navy enlisted men gen-
erally-prior decisions of accounting
officers negativing allowance of cost of
civilian medical care and treatment of
Navy enlisted men solely because they
were on leave or liberty at time-which
decisions were based on general legisla
tive policy exemplified by provisions in
annual Army appropriation acts pro-
hibiting allowance of such expenses in-
curred by Army officers or enlisted
men-are not to be regarded as appli-
cable or controlling subsequent to enact-
ment of act of Apr. 28, 1942, which
marked a reversal of such legislative
policy by authorizing payment for med-
ical care or treatment of Army personnel
"whether on duty or on furlough or leave
of absence.".

MILEAGE:
Air travel:

Circuitous routes. See Mileage, routes,
circuitous.

Government aircraft:

Mileage entitlement generally:

An officer is not entitled to mileage for
travel by Govt. aircraft...

Page

803

888

980

573

MILEAGE-Continued.

Air travel-Continued.

Government aircraft-Continued.
Mileage entitlement generally-Con.
Decisions generally have held that
where travel performed by Govt.
airplane is in general direction of
destination specified in Army offi-
cer's travel orders, that is, where
such travel includes a distance for
which officer would have been en-
titled to mileage for travel by other
means of transportation, distance
traveled by Govt. airplane is to be
deducted from official distance be-
tween ordered points of travel in
computing the mileage otherwise al-
lowable....
Travel by privately owned aircraft-in gen-
eral-under existing laws and Stan.
Govt. Travel Regs., reimbursement to
employee for use of privately owned air-
plane in connection with his official
travel is authorized only on actual ex-
pense basis pursuant to properly issued
travel order, and, therefore, commutation
of such expenses may not be made under
contract authorizing reimbursement at
specified rate per flight-hour, or upon
mileage or other basis.

Change to per diem basis before completion

of travel-in view of provision in Naval
Appro. Act, 1944, which, in effect, permits
election between mileage and per diem in
prescribing method of reimbursement for
naval officers traveling under competent
orders without troops, in cases where, due
to unanticipated conditions, length of ab-
sence from designated post of duty, etc.,
mileage payments would be inadequate,
there is no objection to prospective modifi-
cation of travel orders originally issued on
mileage basis so as to authorize per diem
for remainder, only, of travel period, pro-
vided total cost to the Government of
travel theretofore performed in mileage
status together with travel thereafter per-
formed in per diem status does not exceed
cost had original orders prescribed per
diem.
Combination of mileage and per diem under
same orders:

In general-provision in Naval Appro.
Act, 1944, which, in effect, permits elec
tion between mileage and per diem in
prescribing method of reimbursement for
naval officers when traveling under com-
petent orders without troops, does not
contemplate combination of mileage and
per diem under same orders costing Govt.
more than it would have cost on either
basis separately..
Provision in Naval Appro. Act, 1944,
which, in effect, permits election be-
tween mileage and per diem in pre-

Page MILEAGE-Continued.

573

99

713

713

Combination of mileage and per diem under
same orders-Continued.

scribing method of reimbursement for
naval officers when traveling under com-
petent orders without troops, does not
contemplate combination of mileage and
per diem under same orders costing
Govt. more than it would have cost on
either basis separately and is not self-
executing-that is, it gives no right to
per diem payments except when duly
prescribed-but rather, it contemplates
that, generally, determination as to
mode of reimbursement will be made
prior to commencement of ordered
travel.....

First duty station-military, naval, etc., per-
sonnel appointed from civil life-female
dietetic and physical therapy personnel of
Army Medical Dept.-female dietetic and
physical therapy personnel appointed in
Medical Dept. of the Army under sec. 2,
act of Dec. 22, 1942, which authorizes pay-
ment to such personnel of "mileage and
other travel allowances, as
pro-
vided by law, for commissioned officers
of the Regular Army," are not
entitled to payment of mileage in connec-
tion with travel incident to reporting at
first duty station....

Headquarters:

Automobiles, use of privately owned:
Designation of headquarters as requisite
to payment of mileage-act of Feb. 14,
1931, as amended, which authorizes
payment of a commuted allowance on
a mileage basis for use of a privately
owned automobile to a civilian em-
ployee when on official business "away
from his designated post of duty," con-
templates that all employees-includ-
ing itinerant-shall have "designated"
for them an official station or head-
quarters. Compare conclusion in
this decision with respect to laws per-
taining to per diem...
Government corporation operating on
nonappropriated funds-applicability
of general appropriation restriction—
prohibition in sec. 5, act of July 16,
1914, against use of appropriated
moneys for purchase, maintenance, re-
pair, or operation of motor-propelled
passenger-carrying vehicles unless
specifically authorized by law is not
applicable to expenditures made from
regular funds of Federal Deposit Insur-
ance Corp. (which are derived from
assessments, etc., and are not appro-
priated for expenditure) for payments
on mileage basis to its officers and em-
ployees for use of privately owned auto-
mobiles within the corporate limits of
their official stations while engage on
official business...

MILEAGE-Continued.

Headquarters-Continued.

Automobiles, use of privately owned-
Continued.

Home to nearby duty places-general
rule as to amount reimbursable-
where employee performs intermittent
trips on official business directly from
his home-not within corporate limits
of official station-to various points in
outlying communities and returns to
his home within same day, instead of
reporting to his official station and
thence to various points, mileage for
use of private automobile may be al-
lowed without deduction for mileage
between employee's home and official
station, provided mileage does not ex-
ceed what it would have been had
travel been directly from official sta-
tion. 22 C. G. 62, id. 572, distin-
guished...

Travel partly within and partly outside
limits of official station-under pro-
vision in act of June 30, 1943, author-
izing reimbursement to field employ-
ees of War Savings Staff, Treasury
Dept., at not to exceed 3 cents per mile,
for travel performed by them in pri-
vately owned automobiles while en-
gaged in promoting sale of U. S. Govt.
securities within limits of their official
stations, employee who performed
journey to duty station outside cor-
porate limits of his official headquar-
ters may be paid said allowance for
that portion of journey within cor-
porate limits of his headquarters....
Necessity for advance determination as to
payment on per diem or mileage basis-
in general-provision in Naval Appro.
Act, 1944, which, in effect, permits election
between mileage and per diem in prescrib-
ing method of reimbursement for naval
officers when traveling under competent
orders without troops, is not self-execut-
ing-that is, it gives no right to per diem
payments except when duly prescribed-
but rather, it contemplates that, generally,
determination as to mode of reimburse-
ment will be made prior to commencement
of ordered travel............

Orders. See Orders.

Personal convenience routes. See Mile-
ages, routes.

Routes:

Circuitous:

Deductions for travel involving Govern-
ment aircraft:

In adjusting mileage payments for
official travel of Army officers who,
for their own purposes, proceed to
ordered destinations over indirect
routes or routes not contemplated
by orders, traveling part way by
Govt. airplane-although orders did
not direct or authorize travel by
air-and part way by other means,

Page MILEAGE-Continued.
Routes-Continued.

549

515

713

Circuitous-Continued.

Page

Deductions for travel involving Govern-
ment aircraft-Continued.
travel by Govt. airplane should be
regarded as official travel toward
ordered destination-for which no
mileage is payable-to extent that it
reduces distance to be traveled by
other means below official distance of
ordered travel. Prior decisions ap-
plying different methods of adjust-
ment no longer will be regarded as
controlling...

In event deduction resulting from use
of Govt. airplane which is required
to be made from mileage payment
of Army officer who, for his own
purposes, proceeded to his ordered
destination over indirect route,
traveling part way by Govt. air-
plane and part way by other means,
is less than deduction required by
act of June 12, 1906, for land-grant
miles over official rail route between
points involved, there should be
deducted the greater amount for
land grant over official route instead
of lesser amount for partial travel by
Govt. airplane. Prior decisions ap-
plying different methods of adjust-
ment no longer will be regarded as
controlling....

Interagency cooperative travel situa-
tions. See Mileage, travel by privately
owned automobile, interagency coopera-
tive travel.

Transportation tax matters. See Taxes,

Federal, transportation tax.

See

Travel by privately owned aircraft.
Mileage, air travel, travel by privately owned
aircraft.

Travel by privately owned automobile:
Authority for payment to uncompensated
employees as extending to dollar-a-year
men-provision in sec. 303, First Sup-
plemental National Defense Appro. Act,
1944, authorizing reimbursement on
mileage basis to "personnel serving with-
out compensation from the United
States" for expenses of travel by privately
owned automobiles may not be en-
larged by construction to permit pay-
ment of mileage to persons who are paid
compensation at rate of $1 a year.
Headquarters. See Mileage, headquarters,
automobiles, use of privately owned.
Home as related to headquarters. See
Mileage, headquarters, automobiles, use of
privately owned.

Interagency cooperative travel:

Circuitous travel for benefit of compan-
ion:

Appropriation reimbursement require-

ments-where, in connection with
interagency mileage conservation
program, official traveler driving

573

573

630