Laws and regulations governing leave of absence for employees of the United States Maritime Commission

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Material Information

Title:
Laws and regulations governing leave of absence for employees of the United States Maritime Commission
Physical Description:
13 p. : ; 24 cm.
Language:
English
Creator:
United States -- Maritime Commission
Publisher:
G.P.O.
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Leave of absence   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

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Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004822886
oclc - 70842461
System ID:
AA00009474:00001

Full Text













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LAWS


REGULATIONS


LEAVE OF -ABSENCE FOR

OF THE UNITED STATES


ITIME COMMISSION


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NOTICE

This pamphlet contains the basic laws, rules, and regulations govern-
ing annual and sick leave for Government employees. While these
laws and regulations are generally applicable to all Government
employees, except those specifically exempted therein, it. should be
noted that in any particular department or agency the regulations
may be supplemented by administrative orders or departmental
regulations not inconsistent with these regulations.
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ANNUAL LEAVE


LAW
[PUBLIC-NO. 471-74TH CONGRESS]
[H. R. 8458]
AN ACT
To provide for vacations to Government
employees, and for other purposes
Be it enacted by the Senate and
House of Representatives of the United
States of America in Congress assem-
bled, That with the exception of teach.
ers and librarians of the public school,
of the District of Columbia and officer,
and employees of the Panama Cana"
and Panama Railroad on the Isthmus.
of Panama, and except as provide
in section 4 hereof, all civilian officer
and employees of the United State.s
wherever stationed and of the govern-
ment of the District of Columbia, re-
gardless of their tenure, in addition t(
any accrued leave, shall be entitled tc
twenty-six days' annual leave with pa3
each calendar year, exclusive of Sun-
days and holidays: Provided, That th(
part unused in any year shall be ac-
cumulated for succeeding years unti
it totals not exceeding sixty days
This Act shall not affect any sick leave
to which employees are now or ma3
hereafter be entitled. Temporary em-
ployees,, except temporary employee,
engaged on construction work al
hourly rates, shall be entitled to twc
and, one-half days leave for eacht
month of service. The annual leave
herein authorized shall be granted al
such times as the heads of the various,
departments and independent estab-
lishments may prescribe. This Acl
becomes effective January 1, 1936.
, SEc. 2. Each head of a department
or Independent establishment shal
issue general ,public regulations, nol
inconsistent with law, setting forth th<
hotus of duty per day and per week fo]
each group of employees. Before is-
suing such regulations, which shall b(
issued within three months from th(
date of approval of this Act, the head-
of departments and independent es.
tablishments shall meet and consult
among themselves and make such reg-
226226-Q-40


ulations as nearly uniform as possible
so that all employees, temporary or
permanent, in all departments and in-
dependent establishments shall receive
like treatment as nearly as may be
practicable: Provided, That heads of
departments and independent estab-
lishments may appoint a subcommit-
I tee to draft such regulations.
SEC. 3. Each head of a department
or independent establishment shall
keep a record of all work performed, in
- excess of the work required by de-
s partmental regulations issued in con-
s formance with section 2 hereof, for the
1 period commencing July 1, 1936 and
ending December 31, 1936, and shall
report same to the Civil Service Com-
s mission at the end of each month.
The Civil Service Commission shall
make a report of such record to the
Congress on or before January 31,
1937.
SEC. 4. Nothing in this Act shall
T affect the Postmaster General and
officers and employees in or under the
e Post Office Department: Provided,
That officers and employees in the de-
l partmental service and in the Mail
* Equipment Shops of the Post Office
- Department shall be included within
7 the provisions of this Act.
SEC. 5. Nothing in this Act shall be
s construed to prevent the continuance
t of any existing leave differential now
obtaining for the benefit of employees
i of the Federal Government stationed
outside the continental limits of the
t United States.
s SEC. 6. The employees of any cor-
- portion created under authority of
t an Act of Congress which is either
wholly controlled or wholly owned by
t the United States Government,
1 whether or not the employees thereof
t are paid from funds appropriated by
e Congress, shall be included within the
r provisions of this Act.
SEC. 7. The leave of absence herein
e provided for shall be administered
e under such regulations as the Presi-
3 dent may prescribe, so as to obtain,
- so far as practicable, uniformity in
t the application of this Act.
- .Approved, March 14, 1936.
(1)








[PUBLIc-No. 419-76TH CONGRESS]
[CHAPTER 33-3D SESSION]
[S. 28761
AN ACT
To amend the Annual and Sick Leave Acts
of March 14, 1936
Be it enacted by the Senate and
House of Representatives of the United
States of America in Congress assem-
bled, That the days of annual leave
with pay provided for in the Act of
March 14, 1936 (49 Stat. 1161), and
the days of sick leave with pay pro-
vided for in the Act of March 14, 1936
(49 Stat. 1162), shall mean days upon
which employees would otherwise
work and receive pay, and shall be
exclusive of Sundays which do not
occur within a regular tour of duty,
holidays, and all nonwork days estab-
lished by Federal statute or by Execu-
tive or administrative order.
Approved, March 2, 1940.

REGULATIONS
EXECUTIVE ORDER
PRESCRIBING REGULATIONS RELATING TO
ANNUAL LEAVE OF GOVERNMENT EM-
PLOYEES
By virtue of and pursuant to the au-
thority vested in me by section 7 of
the act of March 14, 1936, entitled "An
Act to provide for vacations to Gov-
ernment employees, and for other
purposes" (49 Stat. 1161) as amended
by the act of March 2, 1940, entitled
"An Act to amend the Annual and
Sick Leave Acts of March 14, 1936"
(Public No. 419, 76th Congress, 3rd
Session), I hereby prescribe the fol-
lowing regulations governing the
granting of annual leave to civilian
officers and employees of the United
States, the District of Columbia, and
all corporations included within the
provisions of section 6 of the aforesaid
act of March 14, 1936, except as pro-
vided in Part III hereof:
PART I. DEFINITIONS
SEC. 1. As used in these regula-
tions:
(a) "Employee" and "employees"
include officer and officers, respec-
tively.
(b) "Permanent employees" are
those appointed without limitation as
to length of service or for definite
periods in excess of 6 months.


(c) "Temporary employees" are
those appointed for definite periods of
time not exceeding 6 months.
(d) "Emergency employees" are
those whose compensation is paid
from emergency funds and whose
tenure of appointment is limited to
the period for which the emergency
funds are available.
(e) "Indefinite employees" are
those appointed for the "duration of
the job" and those who, although paid
only when actually employed, are con-
tinuously employed or required to be
available for duty for a period of not
less than one month, as distinguished
from part-time or intermittent em-
ployees.
(f) "Accumulated leave" means the
unused annual leave not exceeding 60
days which has accrued during years
prior to the current year.
(g) "Current annual leave" means
the leave authorized by statute for the
current year.
(h) "Current accrued leave" means
that part of the current annual leave
which bears the same ratio to the cur-
rent annual leave that the expired
part of the current year bears to the
full year.
(i) "Unaccrued leave" means that
part of the current annual leave which
bears the same ratio to the current
annual leave as the unexpired part
of the current year bears to the full
year.
PART II. GENERAL PROVISIONS
SEC. 2. Permanent employees who
have been employed continuously for
one year or more and who do not con-
template leaving the service during
the current calendar year shall be en-
titled to current annual leave with pay
at any time during such calendar year
not in excess of 26 days. In addition
to current annual leave such em-
ployees may be granted accumulated
leave not to exceed 60 days.
SEC. 3. Leave shall be granted at
such time or times as may be deemed
to be in the public interest.
SEC. 4. (a) Unaccrued leave shall
be granted only with the express un-
derstanding that if such leave is not
later earned during the calendar year,
deductions will be made for the un-
earned portion from any salary due
the employee, or from any deductions
in the retirement fund to the credit
of the employee.
(b) In cases of separation where. an.
employee is indebted to the Govern-


:: I: :








ment for advanced annual leave, such
indebtedness shall be charged against
the employee on the basis of the
salary rate obtaining during the pe-
riod of advanced annual leave and
on the basis of one day's pay for each
day of absence on a day upon which
such employee would otherwise work
and receive pay, such days of absence
being exclusive of Sundays which do
not occur within a regular tour of
duty, holidays, and all nonwork days
established by Federal statute or by
Executive or administrative order.
Absences for fractional parts of a day
shall be charged proportionately.
This subsection shall not apply in
cases of death, retirement for age or
.disability, or reduction of force, or in
case an employee who is not eligible
for retirement is unable to return to
duty because of disability, evidence of
which shall be supported by an ac-
ceptable certificate from a registered
practicing physician or other prac-
titioner.
SEC. 5. Employees, other than tem-
porary, entering the service by orig-
inal appointment or by reinstatement
shall be entitled to annual leave with
pay accruing at the rate of 216 days
for each month of service rendered
until the completion of one year's
service. Emergency and indefinite
employees shall be entitled to annual
leave with pay accruing at the rate
of 2 6 days per month for each month
of service and may in addition thereto
be granted accumulated leave.
SEC. 6. An employee transferred or
reappointed without break in service
from one permanent, emergency, or
indefinite position to another perma-
nent, emergency, or indefinite position
within the same or a different govern-
mental agency shall at the time of his
transfer or reappointment be credited
with such accumulated and current
accrued leave as may be due him, or
charged with any unaccrued leave
which may have been advanced, pro-
vided such latter position is 'also
within the purview of the said act of
March 14, 1936. An employee trans-
ferred or appointed without break in
service from one permanent, emer-
gency, or indefinite position within the
purview of the said act of March 14,
1936, to another position or employ-
ment in the Federal service which is
not within the purview of that act,
shall be credited with all leave accum-
ulated and accrued on the date of
such transfer or appointment at such
time as he may be subsequently re-
transferred or reappointed to a posi-


tion within the purview of that act,
provided such subsequent retransfer
or reappointment is also without
break in service. "Break in service"
means separation from the Federal
service for a period of one or more
work days.
SEC. 7. An employee voluntarily
separated from the service without
prejudice during any calendar year
shall be entitled to all of his accumu-
lated leave plus his current accrued
leave to and including the date of
separation.
SEC. 8. An employee who is invol-
untarily separated from the service
other than for cause due to his own
misconduct shall be entitled to all of
his accumulative leave and current
accrued leave, and the date of his dis-
charge shall be fixed so as to permit
him to take such leave. The date of
discharge of an employee separated
from the service for cause due to his
own misconduct may, within the dis-
cretion of the administrative office
concerned, be fixed so as to permit the
allowance of all or any part of accum-
ulated leave and current accrued
leave.
SEC. 9. Leave without pay shall not
be granted until all accumulated and
current accrued leave allowable under
these regulations is exhausted, except
that
(a) An employee injured in line of
duty may be granted leave without
pay, if desired, covering the period of
absence necessary to recover from
such injury, instead of covering such
time by annual leave; and during ab-
sence because of such injury and while
being paid by the Employees' Com-
pensation Commission, such an em-
ployee shall continue to earn leave,
which shall, however, be granted only
in the event of his return to actual
duty.
(b) An employee who is ordered to
active military, naval or Coast Guard
duty may, prior to the exhaustion of
his accumulated and current accrued
leave, be granted leave or furlough
without pay during all or any portion
of the period necessary to perform
such duty.
SEC. 10. Annual leave shall accrue
to an employee while in a leave-with-
pay status. Except as provided in
section 9 hereof, annual leave shall
not accrue to an employee while in a
non-pay status due to leave without
pay or furlough when the duration of
such non-pay status in any calendar
year aggregates 30 calendar days or
more: Provided, that when the du-








ration of such non-pay status is in
excess of 30 calendar days in any cal-
endar year, such excess shall affect the
accrual of annual leave only when it
aggregates 10 calendar days, and like-
wise for each aggregate period of 10
calendar days thereafter. Annual
leave shall not accrue during any pe-
riod of suspension for disciplinary
reasons.
SEC. 11. Employees shall be charged
with annual leave only for absences on
days upon which they would other-
wise work and receive pay. No charge
shall be made against annual leave
for absence on Sundays which do not
occur within a regular tour of duty,
holidays, and non-work days estab-
lished by Federal statute or by Execu-
tive or administrative order: Provided,
that in the case of employees whose
terms or conditions of employment re-
quire that they regularly work on a
Sunday or holiday and be off duty on
another day of the week in lieu
thereof, the Sunday or holiday occur-
ring within a period of annual leave
shall be charged as annual leave and
the lieu day shall not be so charged.
SEC. 12. The minimum charge for
annual leave shall be 15 minutes, and
additional leave shall be charged in
like multiples. Annual leave granted
for less than one day shall be charged
in the ratio that the amount of annual
leave granted bears to the number of
work hours of the regular work day
prevailing in the agency concerned.
For the purposes of this section, Sat-
urdays and part holidays shall not be
considered regular work days, except
as may be required under section 11
hereof.
SEC. 13. Annual leave shall not be
granted with pay at the beginning of a
calendar year immediately following a
period of absence in a non-pay status
in the preceding year unless and until
there is a return to duty, at which
time leave may be retroactively
granted. Leave without pay under
any other circumstances may not later
be converted into annual leave.
SEC. 14. Temporary employees shall
be granted 2 1 days leave for each full
month of service. After the first
month of service such leave may be
credited at the beginning of the month
in which it accrues. Temporary em-
ployees shall be charged with annual
leave only for absence on days upon
which they would otherwise work and
receive pay. No charge shall be made
against annual leave for absence on
Sunday which do not occur within a
regular tour of duty, holidays, and


non-work days established by Federal
statute or by Executive or adminis-
trative order.
SEC. 15. Temporary employees who
subsequently receive indefinite, emer-
gency, probational, or permanent ap-
pointments in the same department or
agency without break in service shall
be entitled to 2 days annual leave
for each full month of service to the
date of such indefinite, emergency,
probational, or permanent appoint-
ment and thereafter at the rate of 2%
days per month, and shall be credited
with such accumulated and current
accrued leave as may be due, or
charged with any unaccrued leave
which may have been advanced.
SEC. 16. Nothing in these regula-
tions shall be construed to prevent the
continuance of any leave differential
existing prior to January 1, 1936, for
the benefit of employees of the Federal
Government stationed without the
continental limits of the United
States. However, any department
may, if it so desires, apply these regu-
lations to employees stationed with-
out the continental limits of the
United States, subject to the continu-
ance of such leave differential.
SEC. 17. The annual leave author-
ized by these regulations shall, except
as to temporary employees, be re-
corded and administered on a calen-
dar-year basis.
SEC. 18. The heads or governing
bodies of the various governmental
agencies to which this Executive Order
applies shall be responsible for the
proper administration of these regu-
lations in so far as they pertain to
the granting of annual leave to em-
ployees under their respective juris-
dictions; and they may, within the
limits authorized by law, issue such
regulations as are not inconsistent
with these regulations.
PART III. EMPLOYEES EXCEPTED
SEC. 19. These regulations shall not
apply to:
(a) Teachers and Librarians of the
public schools of the District of Co-
lumbia.
(b) Officers and employees of the
Panama Canal and Panama Railroad
on the Isthmus of Panama.
(c) Temporary employees engaged
on construction work at hourly rates.
(d) The Postmaster General and
officers and employees in or under the
Post Office Department, except those
serving in the departmental service
and in the Mail Equipment Shops.









(e) Persons paid security or pre-
vailing wages from funds allocated by
the Work Projects Administration,
Federal Works Agency, on state, mu-
nicipal, or other public but non-Fed-
eral projects, or on a Federal project:
Provided, that annual leave shall be
granted in accordance with these reg-
ulations to employees in the central
office of the Work Projects Adminis-
tration, Federal Works Agency, in the
District of Columbia and at district
and local headquarters, and to other
employees in administrative or cleri-
cal positions who receive other than
security or prevailing wages, as pre-
scribed in Executive Orders.
(f) Employees not required to be
continuously employed during regular
tour of duty, such as: (1) per diem
or per hour employees engaged in an
emergency who may be employed for
more than one 7- or 8-hour shift
within 24 hours during the emer-
gency; (2) part-time or intermittent
employees; (3) persons engaged under
contract; (4) employees engaged tem-
porarily for less than a month on a
piece-price basis; (5) employees who
are paid at hourly rates but who are
not engaged on construction work,
such as mechanics, skilled laborers,
and others engaged in various services
on maintenance, repair, clean-up
Work, etc., where employment is more
or less intermittent and not on a regu-
lar and continuous basis; and (6) em-
ployees paid on a fee basis, such as


physicians, surgeons, and other con-
sultants.
PART IV. RATIFICATION; REVOCATION;
EFFECTIVE DATE
SEC. 20. All temporary regulations
issued by the heads of the various de-
partments and independent establish-
ments under authority of Executive
Order No. 7321 of March 21, 1936, are
hereby ratified. All such temporary
regulations and all other regulations
relating to the granting of annual
leave are hereby revoked in so far as
they are inconsistent with these regu-
lations.
SEC. 21. This order shall supersede
Executive Orders No. 7845 of March 21,
1938. No. 7879 of May 9, 1938, and No.
8226 of August 24, 1939,' and shall be
effective as of March 2, 1940, except
that sections 6 and 9 shall be effective
as of July 1, 1936, provided that the
total amount of leave to the credit of
any employee resulting from an ad-
justment of such leave on the basis of
the regulations as herein amended
shall not exceed the amount author-
ized to be accumulated by law.
SEC. 22. This order shall be pub-
lished in the Federal Register.
FRANKLIN D ROOSEVELT
THE WHITE HOUSE,
March 29, 1940.
[No. 83841

3 F.R. 715, 1C75; 4 F.R. 3722.















SICK LEAVE


LAW
[PUBLIC-No. 472-74TH CONGRESS]
[H. R. 8459]
AN ACT
To standardize sick leave and extend it to
all civilian employees
Be it enacted by the Senate and
House of Representatives of the United
States of America in Congress as-
sembled, That after January 1, 1936,
except as provided in section 4 hereof,
all civilian officers and employees of
the United States wherever stationed
and of the government of the District
of Columbia, other than teachers and
librarians of the public schools of the
District of Columbia and officers and
members but not the civilian person-
nel of the police and fire departments
of the District of Columbia and other
than officers and employees of the
Panama Canal and Panama Railroad
on the Isthmus of Panama, shall be
entitled to sick leave with pay regard-
less of their tenure, as described
herein.
SEC. 2. On and after January 1,
1936, cumulative sick leave with pay,
at the rate of one and one-quarter
days per month, shall be granted to
all civilian officers and employees, the
total accumulation not to exceed
ninety days. Temporary employees,
except temporary employees engaged
on construction work at hourly rates,
shall be entitled to one and one-
quarter days sick leave for each month
of service: Provided, That all such
employees shall furnish certificates
satisfactory to the head of the appro-
priate department or independent
establishment.
SEC. 3. Administrative officers may
advance thirty days sick leave with
pay beyond accrued sick leave in cases
of serious disability or ailments and
when required by the exigencies of the
situation.
SEC. 4. Nothing in this Act shall
affect the Postmaster General and
officers and employees in or under the
Post Office Department except those


serving in the departmental service
and in the Mail Equipment Shops of
such Department.
SEC. 5. Nothing in this Act shall be
construed to prevent the continuance
of any existing leave differential now
obtaining for the benefit of employees
of the Federal Government stationed
outside the continental limits of the
United States.
SEC. 6. The employees of any cor-
poration created under authority of
an Act of Congress which is either
wholly controlled or wholly owned
by the United States Government,
whether or not the employees thereof
are paid from funds appropriated by
Congress, shall be included within the
provisions of this Act.
SEC. 7. The leave of absence herein
provided for shall be administered
under such regulations as the Presi-
dent may prescribe, so as to obtain, so
far as practicable, uniformity in the
application of this Act.
Approved, March 14, 1936.

[PUBLIC-No. 419-76TH CONGRESS]
[CHAPTER 33-3D SESSION]
[S. 2876]
AN ACT
To amend the Annual and Sick Leave
Acts of March 14, 1936
Be it enacted by the Senate and
House of Representatives of the United
States of America in Congress assem-
bled, That the days of annual leave
with pay provided for in the Act of
March 14, 1936 (49 Stat. 1161), and
the days of sick leave with pay pro-
vided for in the Act of March 14, 1936
(49 Stat. 1162), shall mean days upon
which employees would otherwise work
and receive pay, and shall be exclusive
of Sunday which do not occur within
a regular tour of duty, holidays, and
all nonwork days established by Fed-
eral statute or by Executive or admin-
istrative order.
Approved, March 2, 1940.
I)








REGULATIONS
EXECUTIVE ORDER
PRESCRIBING REGULATIONS RELATING TO
SICK LEAVE OF GOVERNMENT EM-
PLOYEES
By virtue of and pursuant to the
.authority vested in me by section 7 of
the act of March 14, 1936, entitled
"An Act to standardize sick leave and
extend it to all civilian employees"
(49 Stat. 1162) as amended by the act
of March 2, 1940, entitled "An Act to
.amend the Annual and Sick Leave
Acts of March 14, 1936" (Public No.
419, 76th Congress, 3rd Session), I
hereby prescribe the following regula-
tions governing the granting of sick
leave to civilian officers and employees
of the United States, the District of
Columbia, and all corporations in-
cluded within the provisions of section
6 of the aforesaid act of March 14,
1936, except as provided in Part III
hereof:
PART I. DEFINITIONS
SEC. 1. As used in these regulations
"employee" and "employees" shall in-
clude:
(a) Officer and officers, respectively.
(b) Permanent employees those
appointed without limitation as to
length of service or for definite periods
in excess of six months.
(c) Temporary employees those
appointed for definite periods of time
not exceeding six months.
(d) Emergency employees those
whose compensation is paid from
emergency funds and whose tenure of
appointment is limited to the period
for which the emergency funds are
available.
(e) Indefinite employees-those ap-
pointed for the "duration of the job"
and those who, although paid only
when actually employed, are contin-
uously employed or required to be
available for duty for a period of not
less than one month, as distinguished
from part-time or intermittent em-
ployees.
PART II. GENERAL PROVISIONS
SEC. 2. Sick leave with pay shall be
granted to employees when they are
incapacitated for the performance of
their duties by sickness, injury, or
pregnancy and confinement, or when
some member of the immediate fam-
ily of the employee is afflicted with a
contagious disease and requires the


care and attendance of the employee,
or when, through exposure to con-
tagious disease, the presence of the
employee at his post of duty would
jeopardize the health of others.
SEC. 3. Except as provided in sec-
tion 4 hereof, employees shall be en-
titled to sick leave at the rate of 1%
days a month, and if such leave is not
used it shall accumulate: Provided,
That the total accumulation shall not
exceed 90 days. Sick leave accruing
during any month of service shall be
available at any time during the
month.
SEC. 4. In cases of serious disability
or ailments, and when the exigencies
of the situation so require, sick leave
may be advanced not in excess of 30
days in addition to the unused sick
leave that has accumulated to the
credit of the employee: Provided,
That temporary employees shall not
be entitled to an advance of sick leave:
And provided further, That no ad-
vances of sick leave shall be made to
any employee unless the absence from
duty on account of illness is for a
period, or periods, of not less than 5
consecutive work days, except that
advanced leave in a less amount may
be granted to supplement accrued
leave to cover a continuous absence
of 5 work days or more; that every
case of advanced leave shall be sup-
ported by a certificate of a registered
practicing physician or other prac-
titioner; that the total of such ad-
vances shall not at any time exceed
30 days in excess of the accumulated
sick leave; and that such advances
shall be charged against sick leave
subsequently accumulating.
SEC. 5. When an employee applies
for sick leave in excess of the amount
accumulated to his credit and the cir-
cumstances do not justify such an
advance, the excess leave applied for,
if granted and used, shall be charged
against any unused annual leave to
which the employee is entitled, or, if
there is no unused annual leave, the
excess shall be charged as leave with-
out pay, and such excess leave, how-
ever charged, shall not thereafter be
converted into either sick or annual
leave subsequently accumulating.
SEC. 6. Sick leave shall not be ad-
vanced in an amount that would ex-
ceed the total that would accumulate
during the period from the date of the
advance to the termination of a lim-
ited appointment (not temporary in
character) or one expiring on a speci-
fled date.








SEC. 7. Advanced sick leave may be
granted irrespective of whether the
employee has to his credit unused
annual leave.
SEC. 8. Sick 1 eave shall not be
granted for slight illness or indispo-
sition not incapacitating the employee
for the performance of his regular
duties, or for absence for the purpose
of being treated professionally by a
dentist or oculist in his office; but
sick leave may be granted for deten-
tion at home or in a hospital by illness
or disability due to causes as to which
a dentist or oculist is qualified to
certify.
SEC. 9. An employee transferred or
reappointed without break in service
from one permanent, emergency or
indefinite position to another perma-
nent, emergency or indefinite position
within the same or a different govern-
mental agency shall at the time of his
transfer or reappointment be credited
with accumulated sick leave, and
charged with sick leave previously ad-
vanced in excess of that accumulated,
provided such latter position is also
within the purview of the said act of
March 14, 1936. An employee trans-
ferred or appointed without break in
service from one permanent, emer-
gency, or indefinite position within the
purview of the said act of March 14,
1936, to another position or employ-
ment in the Federal service which is
not within the purview of that act,
shall be credited with all leave, accu-
mulated and accrued on the date of
such transfer or appointment at such
time as he may be subsequently re-
transferred or reappointed to a posi-
tion within the purview of that act,
provided such subsequent retransfer
or reappointment is also without
break in service. "Break in service"
means separation from the Federal
service for a period of one or more
work days.
SEC. 10. Sick leave shall accrue to
an employee while in a leave-with-
pay status. Sick leave shall not ac-
cumulate to an employee while in a
non-pay status due to leave without
pay or furlough when the duration
of such non-pay status in any calen-
dar year aggregates 30 calendar days
or more: Provided, that when the
duration of such non-pay status is in
excess of 30 calendar days in any
calendar year, such excess shall affect
the accumulation of sick leave only
when it aggregates 10 calendar days,
and likewise for each aggregate pe-
riod of 10 calendar days thereafter.
Sick leave shall not accrue during any


period of suspension for disciplinary
reasons.
SEC. 11. In the case of voluntary
separation or removal for cause of an
employee to whom sick leave has been
advanced in an amount in excess of
that accumulated, the employee shall
refund the amount paid him for the
period of such excess, or deduction
therefore shall be made from any
salary due him or from any amount
in the retirement fund to his credit.
Such indebtedness shall be charged
against the employee on the basis of
the salary rate obtaining during the
period of advanced sick leave and on
the basis of one day's pay for each day
of absence on a day upon which the
employee would otherwise work and
receive pay, such days of absence being
exclusive of Sundays which do not
occur within a regular tour of duty,
holidays, and all non-work days estab-
lished by Federal statute or by Ex-
ecutive or administrative order. Ab-
sences for fractional parts of a day
shall be charged proportionately.
This section shall not apply in cases
of death, retirement for age or dis-
ability, or reduction of force, or in case
an employee who is not eligible for
retirement is unable to return to duty
because of disability, evidence of which
shall be supported by an acceptable
certificate from a registered practicing
physician or other practitioner.
SEC. 12. Employees shall be charged
for sick leave only for absence on ac-
count of illness on days upon which
they would otherwise work and re-
ceive pay. Absence on account of ill-
ness on Sundays not occurring within
a regular tour of duty, on holidays, and
on all non-work days established by
Federal statute or Executive or ad-
ministrative order shall not be charged
as sick leave.
SEC. 13. The minimum charge for
absence on account of sickness shall
be one-half of a regular work day,
which minimum charge shall like-
wise apply on Saturdays or other days
on which four hours constitute a full
work day; and additional sick leave
authorized on the same day shall be
charged in multiples of one-half hour.
SEC. 14. Notification of absence on
account of sickness shall be given as
soon as possible on the first day of
absence. If such notification is not
made in accordance with this regula-
tion, such absence may be charged to
annual leave or leave without pay.
Application for sick leave shall be filed
within two days after return to duty.
For periods of absence of 3 work days








or less, the total of which shall not
exceed 12 work days in any one calen-
dar year, the applicant's signed state-
ment on a prescribed form may be
accepted.
SEC. 15. In case of a period of ab-
sence in excess of 3 work days a cer-
tificate of a registered practicing
physician or other practitioner sup-
porting the application for sick leave
shall be filed not later than fifteen
days after return to duty. In remote
localities where such certificate can-
not reasonably be obtained, the appli-
cant's signed statement as to the
nature of the illness and the reason
.why a certificate is not furnished may
be accepted.
SEC. 16. When sickness continuing
for more. than 5 work days occurs
within a period of annual leave, the
period of illness may, upon presenta-
tion of the certificate of a registered
practicing physician or other practi-
tioner, be charged as sick leave, and
the charge against annual leave re-
duced accordingly. No such charge
against sick leave shall be made for
illness which does not last more than
5 work days. Application for such
substitution of sick leave for annual
leave shall be made within 2 days after
the expiration of the annual-leave
period: Provided, that this provision
may be waived by the head of the de-
partment or agency concerned.
SEC. 17. Sick leave may not be
granted for a period immediately fol-
lowing a period of absence in a non-
pay status, unless and until there is a
return to actual duty, nor may such
leave without pay be converted into
sick leave.
SEC. 18. Sick leave accumulated dur-
ing temporary appointment shall be
credited to an employee who receives
an indefinite, emergency, probational,
or permanent appointment in the
same department or agency without
break in service but shall not be trans-
ferable elsewhere under any circum-
stances.
SEC. 19. In the case of an employee
who was not entitled to sick leave
under prior law, but who is now en-
titled thereto, sick leave as accumu-
lated may be substituted for leave
without pay or annual leave taken be-
cause of illness between January 1 and
March 14, 1936.
SEC. 20. Sick leave taken in excess
of 11/4 days a month during the period
between January 1 and March 14,
1936, shall be charged against sick
leave subsequently accumulating.


SEC. 21. Nothing in these regula-
tions shall be construed to prevent
the continuance of any sick leave dif-
ferential existing prior to January 1,
1936, for the benefit of employees of
the Federal Government stationed
without the continental limits of the
United States. However, any depart-
ment may, if it so desires, apply these
regulations to employees stationed
without the continental limits of the
United States, subject to the continu-
ance of such leave differential.
SEC. 22. The heads or governing
bodies of the various governmental
agencies to which this order applies
shall be responsible for the proper ad-
ministration of these regulations in
so far as they pertain to the granting
of sick leave to employees under their
respective jurisdiction; and they may,
within the limits authorized by law,
issue such regulations as are not in-
consistent with these regulations.
PART III. EMPLOYEES EXCEPTED
SEC. 23. These regulations shall not
apply to:
(a) Teachers and librarians of the
public schools of the District of Co-
lumbia.
(b) Officers and members of the
police and fire departments of the
District of Columbia, other than
civilian personnel.
(c) Officers and employees of the
Panama Canal and Panama Railroad
on the Isthmus of Panama.
(d) Temporary employees engaged
on construction work at hourly rates.
(e) The Postmaster General and
officers and employees in or under the
Post Office Department except those
serving in the departmental service
and in the Mail Equipment Shops.
(f) Persons paid security or pre-
vailing wages from funds allotted by
the Work Projects Administration,
Federal Works Agency, on a state, mu-
nicipal, or other public but non-Fed-
eral project or on a Federal project:
Provided, that sick leave shall be
granted in accordance with these reg-
ulations to employees in the central
office of the Works Projects Adminis-
tration, Federal Works Agency, in the
District of Columbia and at district
and local headquarters, and to other
employees in administrative or cler-
ical positions who receive other than
security or prevailing wages as pre-
scribed in Executive Orders.
(g) Employees not required to be
continuously employed during regular
tour of duty, such as: (1) Per diem or








per hour employees engaged in an
emergency who may be employed for
more than one 7- or 8-hour shift
within 24 hours during the emergency;
(2) part-time or intermittent em-
ployees; (3) persons engaged under
contract; (4) employees engaged tem-
porarily for less than a month on a
piece-price basis; (5) employees who
are paid at hourly rates but who are
not engaged on construction woik,
such as mechanics, skilled laborers,
and others engaged in many services
on maintenance, repair, clean-up
work, and the like, where employment
is more or less intermittent and not on
a regular or continuous basis; and (6)
employees paid on a fee basis, such as
physicians, surgeons, and other con-
sultants.
PART IV. RATIFICATION; REVOCATION;
EFFECTIVE DATE
SEC. 24. All temporary regulations
issued by the heads of the various de-
partments, and independent establish-
ments under authority of Executive
Order No. 7321 of March 21, 1936, are


hereby ratified. All such temporary
regulations and all other regulations
relating to the granting of sick leave
are hereby revoked in so far as they
are inconsistent with these regu-
lations.
SEC. 25. This order shall supersede
Executive Orders No. 7846 of March
21, 1938, No. 7880 of May 9, 1938, and
No. 8227 of August 24, 1939,2 and shall
be effective as of March 2, 1940, ex-
cept that section 9 shall be effective
as of July 1, 1936, provided that the
total amount of leave to the credit of
any employee resulting from an ad-
justment of such leave on the basis of
the regulations as herein amended
shall not exceed the amount author-
ized to be accumulated by law.
SEC. 26. This order shall be pub-
lished in the Federal Register.
FRANKLIN D ROOSEVELT
THE WHITE HOUSE,
March 29, 1940
[No. 83851


S3 F.R. 717, 1075; 4 F.R. 3722.










ADMINISTRATIVE REGULATIONS GOVERNING
HOURS OF EMPLOYMENT AND ABSENCES
NOT SPECIFICALLY COVERED BY THE UNI-
FORM LEAVE REGULATIONS

1. HOURS OF EMPLOYMENT

1. Hours of employment shall be as follows:
Group I---Schedule of 7 hours per day, 39 hours per week.
(All office employees.)
Hours of duty-9, a. m. to 4:30 p. m. (9 a. m. to 1 p. m.
on Saturday.)
Group II-Schedule of 8 hours per day, 40 or 44 hours per week.
(Office laborers and chauffeurs, custodial or maintenance
employees, such as mechanics, helpers, laborers, watch-
men, etc.)
Group III-Schedule of an average of 8 hours per day or 44 hours
per week, with the enforcement of this average dis-
tributed over a 3-month period.
(All employees of the laid-up fleets.)
2. The hours of duty in regional offices will be fixed by the Division of
Personnel Supervision and Management on recommendation of the district
manager, with due regard to public interest and convenience, for employees
coming within the above groups.
3. Employees may leave the building during the hours of employment only
with the express permission of their immediate supervisor.
4. Employees returning to the building after office hours shall not visit any
other unoccupied office in their own or other division without permission or
without valid reason.
5. Tardiness may at the discretion of the directors of divisions be recorded
against annual leave.
6. Overtime is not necessarily to, be regarded as reason for tardiness the
following morning. In any case wherein overtime is protracted to such an
hour that late arrival the next morning is considered in order, permission
for late arrival must be secured from the directors of divisions or section
heads.
2. LEAVE

CLASSIFICATION OF LEAVE
Leave is classed under one of the following headings:
Annual.
Sick.
Military.
Court.
Leave without pay.
APPROVAL OF LEAVE
All applications for leave must be made out on the form prescribed by the
Commission. Directors of divisions are hereby authorized to approve appli-
cations for annual leave not inconsistent with these regulations. Applica-
tions for sick leave may be approved by directors of divisions to the extent
that such sick leave has accumulated and accrued to the credit of the em-
ployee. Requests for the advance of sick leave and leave without pay will
be recommended by directors of divisions and submitted to the Division of
Personnel Supervision and Management for approval. District Managers
are hereby authorized to approve applications for all leave of employees in
the field service.
(11)







LEAVE RECORDS
Leave records for employees in Washington will be maintained in the
Division of Personnel Supervision and Management. Leave records for
employees in the field service will be maintained in the district office, except
that on termination of the services of an employee the leave card will be
promptly forwarded to the Division of Personnel Supervision and Manage-
ment, Washington, for inclusion in the employee's personnel file.

ANNUAL LEAVE

Application for annual leave must be made in advance except under the
most unusual circumstances, and in any such case a telephone request must
be made to the division or section head by 11 a. m. on the day for which
leave is desired. All partial day absences on annual leave will be charged
in periods of 15 minutes and multiples thereof. Numerous applications for
annual leave for short periods are regarded as contrary to good administra-
tion and will not be looked upon with favor.

OFFICIAL LEAVE

Official leave is reported to the Division of Personnel Supervision and
Management, but no charge is made against the employee's record. Official
leave may be granted under two headings:
Official travel.
Court leave.
I. OFFICIAL TRAVEL

Official travel leave is granted to employees assigned to temporary duty in
the field or authorized to travel on an official basis.
II. COURT LEAVE
1. Employees who have been subpoenaed to attend court will be allowed
special leave of absence with pay when serving as witnesses for the Govern-
ment; otherwise such absences will be charged to annual leave or leave with-
out pay. Evidence of attendance at court will be required. Witnesses for
the District of Columbia are not considered witnesses for the Federal
Government within the purview of this provision.
2. Where a person employed by the Commission (whether in the District
of Columbia or elsewhere) is required to be absent from his duties in order
to serve on a jury in a Federal court, the period of such absence shall not.
be charged against his annual leave. The certificate of such absence signed
by the clerk of the court must be submitted. Jury service in other than a
Federal court shall be charged to annual leave.

MILITARY LEAVE

1. Military leave, members of District of Columbia National Guard.-
Members of the National Guard of the District of Columbia may be granted
military leave (1) on all days of service which they may be ordered to per-
form by the commanding general; and (2) on all days during which they
shall be engaged in field or coast-defense training ordered or authorized
under the provisions of the act of June 3, 1916.
2. Military leave, National Guard outside the District of Columbia.-Mem-
bers of the National Guard outside the District of Columbia (whether em-
ployed at Washington, D. C., or elsewhere) may be granted military leave
on all days during which they shall be engaged in field or coast-defense
training ordered or authorized under the provisions of the act of June 3,
1916.
3. Military leave, members of the Naval Militia and the Naval Reserve.-
Members of the Naval Militia (whether of the District of Columbia, or other-
wise, and wherever employed) may be granted military leave whenever they
attend drills, cruises, or other order duty of the Naval Militia. Members of
the Naval and Marine Reserve shall be entitled to leave of absence on all
days during which they are employed, under orders, on training duty, for
periods not to exceed 15 days in any one calendar year.







4. Military leave, members of the Officers' Reserve Corps.-Members of
the Officers' Reserve Corps whether employed in the District of Columbia
or elsewhere) may be granted military leave on all days during which they
shall be ordered to duty with troops or at field exercises, or for instruction
for periods not to exceed 15 days in any one calendar year.
5. Military leave, other organizations.-Employees of the Commission sta-
tioned outside of Washington, D. C., who are members of any military or
naval organization established under authority of a statute of the United
States, other than the National Guard, the Naval Militia, the Naval and
Marine Reserve, or the Officers' Reserve Corps, may, in the event they can
be spared without detriment to the service, be granted military leave when-
ever they may be required to perform military duty of any kind as members
of such military or naval organizations: Provided, however, That the mili-
tary leave so granted shall not exceed 30 days in any one calendar year.
6. Officers' certificate.-Application for military leave must be supported
by the certificate of a competent officer of the military or naval organization
of which the employee is a member.


LEAVE WITHOUT PAY
1. Leave without pay is not desirable for the best interests of the service
and will be granted only for the most urgent reasons. Formal applications
for leave without pay must be submitted in advance and request for such
leave must include a statement of the reasons. Applications for leave without
pay shall be recommended by the directors of the divisions and forwarded
to the Division of Personnel Supervision and Management for final approval.
The district managers are responsible for approval of leave without pay in
the field service.
2. Where an employee has been granted a period of leave without pay
and is not absent for the full period for which he is charged, the difference
shall not be allowed on account of subsequent absences.
EMPLOYEE TRANSFERRED TO FOREIGN SERVICE
Annual and sick leave accumulated by an employee in our domestic serv-
ice shall, when he is transferred to the foreign service of the Commission,
be credited and applied against the leave accumulation allowable under the
foreign service regulations, and he will be charged with any unaccrued leave
that may have been advanced.
EMPLOYEE TRANSFERRED FROM FOREIGN SERVICE
Annual and sick leave accumulated by an employee in our foreign service
shall, when he is transferred to the domestic service of the Commission, be
credited and applied against the leave accumulation allowable under the
domestic service regulations and he will be charged with any unaccrued
leave that may have been advanced.
ABSENCE WITHOUT LEAVE
Employees absent without permission, unless sick or quarantined, may be
subjected to the enforcement of leave without pay and a more severe penalty
may be imposed on a repetition of the offense. All absences without prior
permission, together with the explanation if any, will appear in the employ-
ee's record.

INTERPRETATION OF LEAVE REGULATIONS
All questions regarding the interpretations of leave rules and regulations
shall be referred to the Division of Personnel Supervision and Management
for decision.




UNIVERSITY OF FLORIDA



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