the Civil Service Commission. Only in those cases in which the volume of the work on which these employees serve is such that the services of the employees cannot be spared during the authorized period of temporary employment may the temporary employment be extended for a period sufficient to permit of the allowance of the leave. Where leave is allowed after the completion of the authorized period of service, the employee will be shown on Form 28a as separated at close of business on the last day of the leave with pay, with explanation in column of remarks as to reason for retention beyond the authorized period.

1028.14. Leave with pay to employees paid from emergency funds.—(a) Under section 5 of the Uniform Annual Leave Regulations employees (regularly appointed) paid from emergency funds are entitled to annual leave with pay accrued at the rate of 2% days per month for each month of service, and may in addition thereto be granted accumulated leave of absence. Steps should be taken to insure that employees paid from such funds take the annual leave to which they are entitled prior to the date fixed for the termination of their emergency positions or of the availability of the emergency funds.

(b) Employees paid from emergency funds may not be advanced sick leave under the act of March 14, 1936, and the Uniform Sick Leave Regulations in excess of the amount that would accrue to date fixed for the termination of their emergency positions (decision of July 16, 1936, A-75707, 16 Comp. Gen. 33, and section 6, Uniform Sick Leave Regulations).

1028.15. Classes of workers paid from emergency funds who are entitled to leave with pay.-The following classes of employees serving on projects of the Engineer Department financed from emergency funds allotted to the Engineer Department for expenditure are considered as entitled to leave with pay under the provisions of the Uniform Leave Regulations:

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Employees of either educational or noneducational grade obtained from either relief or nonrelief sources and paid at Classification Act rates.

These employees are considered as entitled to leave as stated in view of decisions of Comptroller General of August 25, 1936 (16 Comp. Gen. 181), and A-76949 dated October 19, 1936 (16 Comp. Gen. 394).

1028.16. Classes of workers paid from emergency funds who are not entitled to leave with pay. (a) Workers appointed from relief sources at security wage rates.

(b) Workers appointed from relief sources at prevailing local rates fixed by the W. P. A. State administrators.

NOTE. These rates are considered as in effect "security wage rates." 1028.17. Allowance of leave to disabled veterans for medical treatment.-Upon presentation of an official statement from duly constituted medical authority that medical treatment is required, such annual or sick leave as may be permitted by law, and such leave without pay as may be necessary, shall be granted to a disabled veteran, in order that he may receive such treatment, all without penalty in his efficiency rating. The granting of such leave will be contingent upon the veteran's giving prior notice of definite days and hours of absence required for medical treatment, in order that arrangements may be made for carrying on the work in his absence.

1028.18. Absence of employee acting as district engineer.-A civilian employee detailed as District Engineer is authorized to take leave of absence for short periods, not exceeding 10 days at one time, reporting the fact and his address while on leave to the Division Engineer and the Chief of Engineers. For longer periods than 10 days special authority should be obtained from the Chief of Engineers (G. O. 6, C. of E., 1917).*

1029. MILITARY LEAVE

The following rules govern the allowance of pay for periods during which civilian employees are absent from their civilian positions while on duty as members of the Officers' Reserve Corps, of the National Guard, or of the Naval Reserve.

PART I

The following rules relate to payments to civilian employees absent on duty as Reserve Officers of the Army:

1. Reserve officers.-(a) The Army Appropriation Act of May 12, 1917, 40 Stat. 40, 72, contains the following provision:

"All officers and employees who shall be members of the Officers' Reserve Corps shall be entitled to leave of absence from their respective duties without loss of pay, time, or efficiency rating 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 calendar year.

(b) Sec. 37a of the act of June 4, 1920 (41 Stat. 776) (U. S. C. A., Title 10, sec. 369) is as follows:

"To the extent provided for from time to time by appropriations for this specific purpose, the President may order Reserve Officers to active duty at any time and for any period; but except in time of National Emergency expressly declared by Congress, no Reserve Officer shall be employed on active duty for more than 15 days in any current year without his own consent."

(c) The Comptroller General has ruled by decision dated November 21, 1939, B-6993, that the act of May 12, 1917, was intended to be, and is, limited in its application to the regular annual training periods of not to exceed 15 days in each calendar year to which officers of the Reserve Corps of the Army are authorized to be ordered without their consent, and has no application to extended or indefinite periods of active military duty with the Regular Army. The following is quoted from the decision referred to:

"The clear purpose and intent of the act of May 12, 1917, supra, was to maintain the status quo of civilian officers and employees of the Government-who are also members of the Officers' Reserve Corps of the Army-only during the training periods not exceeding 15 days each calendar year to which training they may be ordered without their consent, thus giving them the right to receive civilian compensation concurrently with military pay for such stated period.”

2. (a) Duty as instructor. The provision quoted in paragraph 1 (a) above is applicable only when the employee is ordered to active duty "with troops, or at field exercises or for instruction." It is not applicable where the employee is ordered to active duty as instructor in a citizens' military training camp (opinion of the Judge Advocate General dated Sept. 25, 1922, 230.589 (sec. 1948, Digest Op. J. A. G. 1912-30)).

(b) Duty with Civilian Conservation Corps.-The provision of law quoted in paragraph 1 (a) above is not applicable to a period of active duty as a member of the Officers' Reserve Corps assigned with the Civilian Conservation Corps. (See Decisions of the Comptroller General of Dec. 6, 1933, 13 C. G. 161 and of July 28, 1938, 18 C. G. 94.)

(c) Inactive-duty status.-Training on inactive status on the voluntary application of Reserve Officers as provided for in Army Regulations 140-5, is not within the purview of the act of May 12, 1917, and does not entitle members thus permitted to train to any of the benefits prescribed therein (decision of Comp238342-40- -7

troller General dated July 5, 1929, 9 C. G. 13). It will be noted that the decision here cited refers to training on inactive status covered by provisions of sections 38 and 39 of Army Regulations 140-5, dated January 16, 1928, which have been superseded by paragraphs 64 a-c, section IX of Army Regulations 140-5, dated June 16, 1936.

3. Temporary employees.-Temporary employees are not entitled to "military leave" (decision of the Comptroller General dated Sept. 3, 1926 (6 C. G. 178)). (See also decision dated Oct. 20, 1926, 6 C. G. 275, and decision dated Sept. 12, 1929, 9 C. G. 119. The latter decision indicates that the same rule applies whether the duty be as Reserve Officer or as a member of the National Guard.) Per diem or hourly employees of the Engineer Department may not be allowed military leave (decision of the Comptroller General dated Sept. 30, 1922, 2 C. G. 247). An employee's right to military leave depends not on length of service but on status at time he is called for military training. A permanent appointment following temporary employment without break in continuity of employment is no basis for paying for time absent on military leave during temporary employment (decision of the Comptroller General dated Oct. 26, 1934, 14 C. G. 336). The decisions cited in this paragraph are not changed by the Uniform Leave Acts of March 14, 1936, or the Uniform Leave Regulations which are not "determinative of any question involving the granting of military leave" (decision of the Comptroller General of Aug. 1, 1936, 16 C. G. 105, and decision of the Comptroller General A-78956, published by Circular Letter (Finance No. 157) dated Aug. 14, 1936, but not included in published decisions of the Comptroller General). 4. Employees on emergency rolls.—Employees whose appointments are designated as "emergency" rather than "temporary," who have been appointed at Classification Act rates to positions on emergency rolls and who may be allowed annual leave in accordance with the principles published in Circular Letter (Finance No. 148), dated July 6, 1934, may be allowed military leave. (See decision of July 10, 1934, 14 C. G. 28.)

5. Security wage earners.—Employees paid from emergency funds at security wage rates are not entitled to military leave (decision of the Comptroller General dated Feb. 3, 1936, 15 C. G. 685).

6. Duty status.-The right to military leave accrues only when the officers and employees are in a duty status at the time they go on training duty (decision of the Comptroller General dated June 6, 1932, 11 C. G. 469).

7. Computation of leave.-In computing the 15 days' military leave, Sundays and holidays occurring within the period of absence should be included (decision of the Comptroller General dated Apr. 9, 1930, 9 C. G. 448).

8. Return to duty.-An employee granted 15 days' military leave during 1 calendar year and who continues on training duty during the next calendar year may not be granted an additional 15 days' military leave with pay at beginning of or during the next calendar year unless and until there has been a return to civilian duty (decision of the Comptroller General dated Sept. 8, 1930, 10 C. G. 116).

9. Calendar year basis.—No employee may be allowed military leave in excess of 15 days in any one calendar year (opinion of the Judge Advocate General dated July 7, 1923, 248.4 sec. 1951, Dig. Op. J. A. G. 1912-1930). From the section cited, it appears that, where an employee has been ordered to active duty for training purposes, by direction of the President in a time of national emergency specifically declared by Congress, for a period in excess of 15 days, the pay of his civilian position may be allowed for a period not exceeding 15 days under the provisions of the act of May 12, 1917, provided, of course, he has not previously received his military leave for that calendar year.

10. Annual leave while on military duty as Reserve officers.-The question as to whether a Reserve officer ordered to active duty may receive annual leave with pay for the period of such duty in excess of 15 days, or for a second period of military service in the same calendar year after allowance of the 15 days' military leave, has been presented in a number of cases. By decision of August 13, 1923 (3 C. G. 116), the Comptroller General held that an employee who has had 15 days' military leave as a member of the Officers' Reserve Corps is not entitled to receive civilian salary, with annual leave, while performing a second period of military service in the same calendar year if the annual rates of the civilian salary and military pay for such second period of military service exceed $2,000 in the aggregate. (See also decision of Dec. 6, 1933, 13 C. G. 161, and opinion, J. A. G. dated July 7, 1923, 248.4, sec. 1951, Digest Op. J. A. G. 1912–1930.) The provisions of section 10, Part II of the Uniform Leave Regulations making allowance of annual leave mandatory are not applicable when they conflict with the statutes prohibiting dual compensation. (Compare decision of the Comptroller General dated Feb. 17, 1937, 16 C. G. 767, and decisions of July 28, 1938, 18 C. G. 94, and of Feb. 11, 1939, 18 C. G. 653.)

11. Active duty status when not with troops, at field exercises, or for instruction.-From the decision dated December 6, 1933, 13 C. G. 161, it appears that a civilian employee on active duty as a member of the Officers' Reserve Corps on duty which does not permit allowance of military leave under the provisions of the act of May 12, 1917 (i. e., where neither duty with troops nor for instruction is involved), must be placed on leave without pay from his civilian position for the period of absence on military duty.

12. Restoration to duty from leave without pay. Any employee who is absent on active military duty as a Reserve officer and who is placed in status of leave without pay from his civilian position, may be reemployed in his civilian position upon the termination of the military status, without reference to higher authority. In such cases, in accordance with the provisions of section 9 (b) of the Uniform Annual Leave Regulations approved March 29, 1940, effective July 1, 1936, credit for the annual leave standing to the credit of the employee at the time he went on active duty as a member of the Reserve and which was not taken prior to such active duty may be restored to the employee. Sick leave standing to the credit of the employee at the time he went on active duty as a member of the Reserve also will remain to his credit upon reemployment (decision of the Comptroller General of July 28, 1938, 18 C. G. 94, and of Feb. 11, 1939, 18 C, G. 653). (See also decision of Nov. 18, 1939, 19 C. G. 510.)

PART II

The following rules relate to payments to civilian employees absent on duty as members of the National Guard:

1. Section 80 of the National Defense Act of June 3, 1916 (39 Stat. 203), provides as follows:

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"All officers and employees of the United States and of the District of Columbia who shall be members of the National Guard shall be entitled to leave of absence from their respective duties, without loss of pay, time, or efficiency rating, on all days during which they shall be engaged in field or coast defense training ordered or authorized under the provisions of this act."

2. Period for which National Guard officers may receive military leave.-Attention is invited to decision of the Comptroller General dated July 20, 1922 (2 C. G. 29), which indicates that employees who are members of the National Guard may receive pay for all days on which they are ordered to field or coast defense training in accordance with section 80 of the National Defense Act.

3. Definition of “field or coast defense training.”—The Judge Advocate General has held that the "field or coast defense training" contemplated by the abovequoted provision of law is that prescribed in section 92 of the Act, that each organization of the National Guard "shall participate in encampments, maneuvers, or other exercises, including outdoor target practice, at least 15 days in training each year" (Op. J. A. G. 230.571, Jan. 5, 1920, sec. 1950, Digest of Op. J. A. G. 19121930). Military leave is not authorized for absence at an encampment ordered by the State independently of the National Defense Act and without the aid of Federal funds (decision of the Comptroller General dated July 20, 1922, 2 C. G. 29). 4. Exceptions for National Guard officers.-In decision dated November 10, 1921 (1 C. G. 256), the Comptroller General states that the training referred to by section 80 of the National Defense Act above-quoted includes the participation in encampments, maneuvers, or other exercises, including outdoor target practice, such as is prescribed in sections 92 and 94 of the act of June 3, 1916 (39 Stat. 206), but it cannot be held to include the attendance at the military service schools of the United States for the purpose of pursuing a regular course of study as contemplated under the provisions of Section 99 of the Act, 39 Stat. 207. (See also decision of Jan. 18, 1936, 15 C. G. 633.) It does not include attendance at rifle matches (decision of the Comptroller General dated July 17, 1924, 4 C. G. 65) nor participation in parades (decision of July 31, 1929, 9 C. G. 48). (For decisions relating particularly to members of the National Guard of the District of Columbia, see decision dated Mar. 26, 1927, 6 C. G. 635, and decision dated Oct. 24, 1928, 8 C. G. 210.)

5. Strike duty.-On the question as to whether certain employees of the Government, who were members of the National Guard and who were ordered out on strike duty, were entitled to leave with pay under section 80 of the National Defense Act, the Judge Advocate General held that the duty performed was in the service of the State and was not such as to entitle the employee to leave with pay under the provision of law referred to (Op. J. A. G. 230.571, Jan. 5, 1920, sec. 1950, Digest of Op. J. A. G. 1912–30).

6. Allowance of annual leave to members of the National Guard.-Members of the National Guard attending military-service schools under section 99 of the National Defense Act, as amended, may not be allowed military leave for the period of such attendance but may be allowed any annual leave to which they may be entitled. Upon completion of annual leave, such employees may be allowed leave without pay for the remainder of the period of duty with the National Guard. The rule here stated is directly opposite to that stated in paragraphs 10–11 above, applying to members of the Officers' Reserve Corps, and is based on the fact that, while members of the Officers' Reserve Corps on active duty are in the service of the United States, members of the National Guard attending military schools under section 99 of the National Defense Act are not in the actual service of the United States. The provisions of the act of July 31, 1894, 28 Stat. 205, therefore do not apply. Section 6 of the act of May 10, 1916, as amended August 29, 1916, 39 Stat. 582, prohibiting payment of more than one salary when the combined salaries exceed $2,000 per annum, states specifically that members of the “organized militia” shall be excepted from its provisions.

PART III

The following information is furnished as to payments to civilian employees absent as members of the Naval Reserve or Marine Corps Reserve:

1. The act approved June 25, 1938, known as the Naval Reserve Act of 1938, abolished the Naval Reserve established under the act of February 28, 1925