JUNE 16, 1922, 1 COMP. GEN. 740
Highlights
IS AUTHORIZED ONLY UPON SATISFACTORY EVIDENCE OF ILLNESS OF THE EMPLOYEE. NO PROVISION IS MADE FOR LEAVE WHILE UNDER QUARANTINE. LEAVE GRANTED FOR THAT REASON TO EMPLOYEES WHO ARE NOT PERSONALLY ILL IS CHARGEABLE TO REGULAR ANNUAL LEAVE AND NOT TO SICK LEAVE. 1922: I HAVE YOUR LETTER OF JUNE 1. IT IS PROVIDED: "EMPLOYEES IN THE POSTAL SERVICE SHALL BE GRANTED FIFTEEN DAYS' LEAVE OF ABSENCE WITH PAY. INQUIRIES ARE MADE OF THE DEPARTMENT AS TO WHETHER UNDER THE ABOVE QUOTED PROVISION A POST-OFFICE EMPLOYEE. WHO IS UNDER QUARANTINE BECAUSE OF THE PREVALENCE IN HIS HOME OF A CONTAGIOUS DISEASE AND INHIBITED FROM PURSUING HIS USUAL VOCATION IN THE POST OFFICE. IS ENTITLED TO SICK LEAVE DURING THE PERIOD OF HIS QUARANTINE.
JUNE 16, 1922, 1 COMP. GEN. 740
LEAVE OF ABSENCE TO POSTAL EMPLOYEES IN QUARANTINE AS THE SICK LEAVE GRANTED UNDER THE ACT OF JUNE 5, 1920, 41 STAT., 1052, TO EMPLOYEES OF THE POSTAL SERVICE, IS AUTHORIZED ONLY UPON SATISFACTORY EVIDENCE OF ILLNESS OF THE EMPLOYEE, AND NO PROVISION IS MADE FOR LEAVE WHILE UNDER QUARANTINE, LEAVE GRANTED FOR THAT REASON TO EMPLOYEES WHO ARE NOT PERSONALLY ILL IS CHARGEABLE TO REGULAR ANNUAL LEAVE AND NOT TO SICK LEAVE.
COMPTROLLER GENERAL MCCARL TO THE POSTMASTER GENERAL, JUNE 16, 1922:
I HAVE YOUR LETTER OF JUNE 1, 1922, REQUESTING DECISION OF A QUESTION PRESENTED, AS FOLLOWS:
UNDER THE PROVISIONS OF THE ACT TO RECLASSIFY POSTMASTERS AND EMPLOYEES OF THE POSTAL SERVICE, ETC., APPROVED JUNE 5, 1920, 41 STAT., 1052, IT IS PROVIDED:
"EMPLOYEES IN THE POSTAL SERVICE SHALL BE GRANTED FIFTEEN DAYS' LEAVE OF ABSENCE WITH PAY, EXCLUSIVE OF SUNDAYS AND HOLIDAYS, EACH FISCAL YEAR, AND SICK LEAVE WITH PAY AT THE RATE OF TEN DAYS A YEAR TO BE CUMULATIVE FOR A PERIOD OF THREE YEARS, BUT NO SICK LEAVE WITH PAY IN EXCESS OF THIRTY DAYS SHALL BE GRANTED DURING ANY THREE CONSECUTIVE YEARS. SICK LEAVE SHALL BE GRANTED ONLY UPON SATISFACTORY EVIDENCE OF ILLNESS AND IF MORE THAN TWO DAYS THE APPLICATION THEREFORE SHALL BE ACCOMPANIED BY A PHYSICIAN'S CERTIFICATE.'
INQUIRIES ARE MADE OF THE DEPARTMENT AS TO WHETHER UNDER THE ABOVE QUOTED PROVISION A POST-OFFICE EMPLOYEE, WHO IS UNDER QUARANTINE BECAUSE OF THE PREVALENCE IN HIS HOME OF A CONTAGIOUS DISEASE AND INHIBITED FROM PURSUING HIS USUAL VOCATION IN THE POST OFFICE, IS ENTITLED TO SICK LEAVE DURING THE PERIOD OF HIS QUARANTINE.
IN ORDER THAT A DEFINITE AND PROPER LINE OF PROCEDURE MAY BE LAID DOWN, YOUR OPINION IS REQUESTED AS TO WHETHER OR NOT THE DEPARTMENT MAY AUTHORIZE POSTMASTERS TO GRANT LEAVE OF ABSENCE WITH PAY TO POSTAL EMPLOYEES UNDER LEGAL QUARANTINE.
THERE IS NO SPECIFIC PROVISION FOR LEAVE BECAUSE OF THE EMPLOYEE BEING UNDER QUARANTINE, AND, IN VIEW OF THE SPECIFIC PROVISION IN THE STATUTE THAT SICK LEAVE SHALL BE GRANTED ONLY UPON SATISFACTORY EVIDENCE OF ILLNESS, IT MUST BE HELD THAT THE ONLY LEAVE WHICH MAY BE GRANTED TO EMPLOYEES UNDER QUARANTINE BUT WHO ARE NOT PERSONALLY ILL IS CHARGEABLE TO REGULAR ANNUAL LEAVE AND NOT TO SICK LEAVE.
IT MUST BE ASSUMED THAT IF IT HAD BEEN THE INTENT OF THE LAW TO AUTHORIZE SICK LEAVE ON ACCOUNT OF PREVALENCE OF A CONTAGIOUS DISEASE IN THE EMPLOYEE'S HOME NECESSITATING THE EMPLOYEE'S QUARANTINE SPECIFIC PROVISION TO THAT EFFECT WOULD HAVE BEEN MADE AS IN THE ACT OF MARCH 15, 1898, 30 STAT., 316, RELATIVE TO LEAVES OF ABSENCE OF EMPLOYEES IN THE SEVERAL EXECUTIVE DEPARTMENTS.