officer with dependents (lawful wife). A-68837, January 6, 1942; B-35717, November 19, 1943.

Public Law 74, 78th Congress, approved June 15, 1943, 57 Stat. 153, 154, is, in pertinent part, as follows:

That for the purpose of assuring a supply of nurses for the armed forces, governmental and civilian hospitals, health agencies, and war industries, there are hereby authorized to be appropriated sums sufficient to carry out the purposes of this Act: Provided, That there shall be no discrimination in the administration of the benefits and appropriations made under the respective provisions of this Act, on account of race, creed, or color. Such sums shall be used for making payments to schools of nursing or other institutions which have submitted, and had approved by the Surgeon General of the Public Health Service (hereinafter referred to as the Surgeon General), plans for nurses' training, for making payments under section 4, and for all necessary expenses of the Public Health Service in administering the provisions of this Act.

Sec. 2. A plan for training of nurses may be limited to student-nurse training, or to postgraduates or refresher-nursing courses, or may include both. A plan submitted by any institution may be approved only if it provides—

(c) That the institution will furnish student nurses under the plan (without charge for tuition, fees, or other expenses) courses of study and training, uniforms, insignia, and maintenance in accordance with regulations of the Surgeon General;

(d) That the institution will pay student nurses under the plan a stipend at not less than the following monthly rates: $15 for the first nine months of study; $20 for the following fifteen to twenty-one months of combined study and practice, depending upon the curriculum of such institution;

Sec. 3. From the sums appropriated therefor the Secretary of the Treasury shall pay each institution, with a plan approved under section 2

(1) with respect to items furnished student nurses thereunder, amounts determined by the Surgeon General to compensate such institution for

(A) reasonable tuition and fees for the courses of study and training; (B) reasonable maintenance provided pursuant to section 2 for the first nine months of their course of study and training, to the extent that such maintenance is not compensated for by the value of their services during such period;

(C) uniforms and insignia, provided in accordance with section 2; and (D) the minimum rate of stipend specified in section 2 for periods prior to completion of the course of combined study and training referred to in such section; and

(2) with respect to items furnished graduate nurses thereunder, amounts determined by the Surgeon General to compensate such institution for reasonable tuition and fees for postgraduate and refresher course of study, and reasonable maintenance for graduate nurses under taking postgraduate courses, or such portion of such amounts as may be determined in accordance with regulations of the Surgeon General.

Section 9 of the act, 57 Stat. 155, authorizes the Surgeon General of the Public Health Service, with the approval of the Federal Security Administrator, to promulgate such rules and regulations as may be necessary to carry out the purposes of this act. The regulations of the Surgeon General (Federal Register, July 9, 1943, p. 9423, Title 42, chapter 1, section 28) provide that all students enrolled in the student nurse training programs under the provisions of Public Law 74 shall be members of the United States Cadet Nurse Corps. The regulations embrace a program of courses designed to prepare inactive graduate nurses for the active practice of nursing, to pre

pare graduate nurses in special fields, and to train pre-cadet nurses, junior cadet nurses and senior cadet nurses. Paragraph 28.2j of the regulations provides that "The school must provide satisfactory living facilities and adequate student health service which must continue throughout the entire period of training."

Under the regulations, supra, schools and institutions participating in student nurse training programs are required to provide reasonable maintenance, including satisfactory living facilities and such other services, not otherwise specifically provided for by the said 1943 act, as reasonably are necessary for the physical comfort and well being of the student nurses throughout the entire period of their training. However, pursuant to the provisions of section 3 of the act, the Federal Government is obligated to reimburse the schools, etc., for maintenance furnished student nurses only during the first nine months of the students' training. Obviously, since reimbursement by the Government for the maintenance of student nurses does not continue beyond the first nine months of their training, the living facilities or quarters thereafter furnished them by private institutions do not constitute public quarters or quarters furnished at Government expense. Hence, it is only with respect to the quarters occupied by student nurses during their initial nine months of training that any question arises as to the character of such quarters, that is, whether they are to be considered as Government-owned or controlled quarters so as to preclude the payment of increased rental allowances to an officer-husband of a student nurse, as an officer with dependents (wife). Clearly, the quarters furnished student nurses by private institutions in accordance with a plan approved under the said act are not Government-owned or Government-controlled quarters. The fact that a participating school receives aid from Federal appropriations partially to defray the expense incident to providing quarters for the trainees does not affect the school's jurisdiction over and control of the quarters. The student nurse must look to the participating institution for the assignment and maintenance of her quarters-not to the Federal Government. Furthermore, it is pertinent to note that reimbursement for maintenance furnished student nurses during the initial ninemonths' training period specifically is limited to the extent that "such maintenance is not compensated for by the value of their services during such period." Hence, it does not appear that the Federal Government reimburses a participating school to the full extent of the expense incurred by it in furnishing maintenance. Furthermore, considering the various services and facilities in addition to quarters which constitute "maintenance" within the meaning of the act here involved— such as food, laundry, hospitalization, medical and dental care and treatment, etc.-together with the fact that reimbursement is contem

plated in an amount estimated at $45 a month for each student nurse before deducting therefrom the value of the services rendered by the nurse, estimated at $118 for the first year, it would appear that, with respect to the amount by which the school is compensated for "maintenance," the portion thereof identified as applying against the cost of providing quarters necessarily must represent little more than compensation for maintenance and upkeep of such quarters rather than an amount commensurate with their rental value.

Accordingly, it must be held that student nurses occupying quarters provided for them by private schools and institutions as required under the said act of June 15, 1943-even though a part of the expense thereof may be assumed indirectly by the Federal Government-are not furnished public quarters at Government expense within the meaning of the decisions hereinbefore cited, and, therefore, payment on the voucher, which is returned herewith, is authorized if otherwise correct.

(B-40518)

LEAVES OF ABSENCE

The "month of service" required under sections 2.1 (b) and 2.1 (c) of the Annual Leave Regulations and section 3.1 (b) of the Sick Leave Regulations, as a condition to the crediting of annual and sick leave of temporary and indefinite employees, relates to a period of employment with pay, and, therefore, a period of leave without pay breaks a "month of service" so as to preclude the crediting of annual and sick leave to temporary and indefinite employees who are absent on leave without pay for a portion of a month. The rules stated in 16 Comp. Gen. 993 and 20 id. 827 are not changed by the leave regulations effective January 1, 1944.

Section 9 (b) of the act of August 2, 1939 (Hatch Act), as amended, which requires the removal from office, and prohibits the payment of the compensation thereafter, of any person violating the political activity provisions of section 9 (a), is not self-executing, that is, it requires affirmative administrative action removing an employee from the service before the separation actually becomes effective (see 19 Comp. Gen. 834), and, as the removal of an employee under such circumstances would constitute an "involuntary separation" within the meaning of section 2.4 of the Annual Leave Regulations, the effective date of the employee's separation should be so fixed as to permit him to take, or to be paid for, terminal annual leave. Section 2.4 of the Annual Leave Regulations, providing that an employee's separation, whether voluntary or involuntary, shall not become effective on a date prior to the termination of his unused annual leave, has no application to authorize the granting of terminal leave of absence with pay to an employee who is removed from the service for violating the provisions of section 103 of the Independent Offices Appropriation Act, 1944, which are self-executing and constitute an absolute prohibition against the use of salary appropriations for payment of the salary of any person who advocates the overthrow of the Government of the United States by force or violence.

In view of the provision in section 2.4 of the Annual Leave Regulations effective January 1, 1944, that in no case shall the separation of an employee from service become effective on a date prior to the date of termination of unused annual leave, an employee who is separated through administrative error or negligence before receiving the full amount of annual leave to his credit may be restored to the payroll merely for the purpose of granting the balance of any annual leave due but not taken at the time of separation.

Under section 4.2 (b) of the Annual and Sick Leave Regulations, providing that annual leave shall not accrue to an employee while on terminal leave, whether by separation, furlough, or resignation, leave on leave may not be granted during terminal leave of employees who enter the active military servicethe placing of an employee on leave of absence without pay, or on a military furlough when entering the military service constituting a “furlough," if not a "separation."

If an employee is excused from working on a holiday by administrative action taken either before or after the holiday, no deduction of compensation for the holiday is required under section 4.5 of the Annual and Sick Leave Regulations, but if an employee is absent without authority on a holiday and is not excused by administrative action, the said section 4.5 specificially requires the deduction of one day's pay on account of the unauthorized absence on a holiday.

If an employee is excused from working on a holiday by administrative action, there is no authority under section 4.5 of the Annual and Sick Leave Regulations to charge the absence to earned compensatory time-which is granted in lieu of paying additional overtime compensation under section 2 of the War Overtime Pay Act of 1943-or to require additional overtime work to make up the time not worked on the holiday.

As national holidays established by Federal statute specifically have been excluded by the act of March 2, 1940, from counting as days of annual or sick leave under the leave laws, authority to grant and charge annual or sick leave for absence on a national holiday on which employees are required to work by administrative order may not be accomplished by an amendment to the leave regulations-which would be législating-but may be effected only by an amendment of the leave statutes.

Under section 4.7 of the Annual and Sick Leave Regulations effective January 1, 1944, an employee who, at the time of his separation from the service, is indebted for overdrawn or excess annual or sick leave over a period beginning on or after January 1, 1944, is required to refund the total amount of compensation actually paid for the entire period of the overdrawn or excess leave which was advanced, including compensation for Sundays and holidays occurring within the period of such leave.

The amount to be refunded by an employee for overdrawn or excess annual or sick leave upon his separation from the service should be computed under the Annual and Sick Leave Regulations in force at the time the leave was taken.

If an employee is indebted for overdrawn annual or sick leave at the time of his resignation in one agency, and the agency believes, but does not know, that the employee will be reemployed in another department or agency without a "break in service" (that is, within less than 30 days), a collection for overdrawn leave should be made from the employee's last salary check in accordance with the provisions of section 4.7 of the Annual and Sick Leave Regulations, instead of withholding action pending information as to the employee's reappointment in another agency without break in service for the purpose of transferring the leave charge thereto pursuant to section 4.11 of the regulations.

Under section 4.11 of the Annual and Sick Leave Regulations, if a temporary employee resigns in one agency while indebted for overdrawn annual or sick leave, and the agency believes, but does not know, that the employee will be reemployed in another agency in a permanent position without "break in service" (that is, within less than 30 days) the amount due for overdrawn leave should be collected from the employee's last salary check in accordance with section 4.7 of the regulations, instead of withholding action pending information as to the employee's reappointment in another agency for the purpose of transferring the leave charge thereto pursuant to section 4.11 of the regulations.

Under section 4.8 (a) of the Annual and Sick Leave Regulations, respecting the granting of leave without pay, an employee who applies for and is administratively granted leave without pay at a time when he knows he has annual leave to his credit should not be permitted after return to duty to convert the leave without pay to annual leave.

Under section 4.8 (a) of the Annual and Sick Leave Regulations, when leave without pay is administratively granted during a period of suspension from duty which later is determined to have been unjustified and the employee

is restored to duty, or when leave without pay otherwise is charged as a result of a mistake of fact or law, the action may be corrected to the extent of substituting retroactively effective the leave with pay standing to the employee's credit on the date of suspension or other erroneous action charging leave without pay, for a corresponding period of leave without pay. The purpose and intent of section 4 of the Annual and Sick Leave Regulations is that leave on leave, either sick or annual, is earned only if there is a return to duty; and no leave on leave, either sick or annual, is earned during terminal sick or annual leave.

The entry of an employee into the active military or naval service without break in service is not to be regarded as a "separation" within the meaning of section 4.7 of the Annual and Sick Leave Regulations effective January 1, 1944, requiring an employee who is indebted for advance annual and sick leave at the time of his separation from civilian service to refund the amount paid him for such excess leave. Cf. 22 Comp. Gen. 990.

Under the Annual and Sick Leave Regulations, the minimum charge of 1 hour, and additional charges in multiples of 1 hour for annual and sick leave should be made on each separate calendar day, that is, annual and sick leave absences may not accumulate from day to day for the purpose of charging units of hours, and, therefore, an employee who was absent for 12 hours at the close of business one day and 1⁄2 hour at the beginning of business on the following day should be charged 2 hours on the first day and 1 hour on the second day, regardless of the fact that the absence constituted "one continuous absence."

Comptroller General Warren to the President, United States Civil Service Commission, March 16, 1944:

Reference is made to your letter of February 26, 1944, as follows:

Executive Order No. 9414, January 13, 1944, prescribing regulations relating to annual and sick leave of Government employees, authorized the Civil Service Commission to promulgate amendments to these regulations for the period of the war. The Council of Personnel Administration, composed of directors of personnel of the various agencies, has requested the Commission to submit for your decision certain questions which have arisen in connection with the administration of the new leave regulations contained in Executive Order No. 9414. Accordingly, the Commission respectfully requests your decision on the following questions: Question 1. Section 2.1 (b) of the Regulations provides that "temporary employees shall be credited with leave of 22 days for each month of service. After the first month of service such leave may be credited at the beginning of the month in which it accrues." Does the month of service mean the period of employment whether with or without pay or does a period of leave without pay break a month of service?

This question would appear to be controlled by your decision of May 10, 1937, 16 Comp. Gen. 993 wherein it was stated:

* *

"In decision of April 16, 1937, A-84992, 16 Comp. Gen. 934, it was held that temporary employees are entitled to 22 days' annual leave of absence with pay for each full month of service. The statutory grant of annual leave to temporary employees is clearly on a monthly basis, that is, 'for each month of service'.

Question 2. Section 2.1 (c) of the Regulations provides that "indefinite employees shall be credited with leave of 2 days for each month of service plus an additional 1⁄2 day when the service aggregates 3 months." Does the answer to question 1 apply equally to this sub-section?

*

The definition of indefinite employees in the new regulations is the same as that contained in the former regulations (Executive Order No. 8384). In decision of May 28, 1941, 20 Comp. Gen. 827 it was held that "* 'indefinite employees', as defined in the leave regulations, whether or not they be paid on the basis of 'when actually employed', are not entitled to annual or sick leave of absence for a fractional month's service. Is this decision controlling

under the new regulations?

Question 3. Section 3.1 (b) of the Regulations provides that "temporary and indefinite employees shall be credited with 14 days of sick leave for each month of service." Does a month of service mean period of employment whether with or without pay or does a period of leave without pay break a month of service?

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