ܐ J
6 33
.A 22
GIVIL SERVICE ACT AND RULES TRANSMITTAL SHEET NO. 1
July 3, 1944
These sheets should be torn apart along the perfora-
tions. They should then be substituted as shown on the
back of this page for pages of the loose-leaf edition of
the "Civil Service Act and Rules." The steps in making
the insertions are explained on page XX of the introduc-
tory chapter, "How to Use This Book."
The "Filing Record" referred to
on page XX has not
been furnished with this installment because
of space
limitations. It will be furnished with an early install-
ment. Thig. transmittal sheet should be filed immediately
in front of the title page.
The sheets which are removed from the book should
be preserved, as they will be useful in determining the
exact dates of past changes in the regulations. The for-
mer footnotes on this subject have been dropped, as ex-
plained on page 42.
Remarks
This installment brings pages 20 to 42 up to date as
of July 3, 1944. The other sections will be brought up
to date in future installments.
It seems unnecessary to include the usual statement
as to which pages have been changed. Departmental Circu-
lar 493 revised the regulations in their entirety. How
ever, only changes from the old regulations (including
deletions) have been marked with stars.
For the time being, the cross-references in the foot-
notes will be somewhat misleading. The Veterans' Prefer-
ence Act of 1946 has not yet been included in the book.
Other material referred to in the footnotes is based
at
present on the old rather than the new regulations. The
cross-references will become correct, however, when the
rest of the book is brought up to date, and they
are in-
cluded now to avoid having to reprint this whole install-
ment later for the sole purpose of inserting them.
A slight gap will be noted between pages 42.02 and
43. This will be corrected as soon as space limitations
permit revision of page 43. The Commission has not issụed
a formal statement of the objectives of the revised regu-
lations. In the meantime, the left-hand column of page 43
should be crossed out.
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Note.--Pages of the October 31, 1943, edition bear no
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DEPOSITED BY THE
UNITED STATES OF AMERICA
AUG 24
WAR SERVICE REGULATIONS 1
[Promulgated by Commission's departmental circular No. 323, February 28, 1942:
revised by departmental circular No. 493, July 3, 1944 (9 F.R. 7235, 7351)]
[The "Notes on the Filling and Vacating of Positions Subject to the War
Service Regulations," on pages 42 to 215, should be read in conjunction with the
text of the regulations.]
*Pursuant to the authority conferred by Executive Orders 9063,
of February 16, 1942, and 9067 of February 20, 1942, and the Veterans'
Preference Act of 1944, the United States Civil Service Commission
hereby prescribes the following regulations to effectuate the purposes
of those orders and said act:*
REGULATION I
EXAMINATIONS
*SBOTION 1. Examinations.-Examinations for original appointment
will be competitive except that when sufficient competent persons do
not compete, noncompetitive examinations may be authorized. Ex-
aminations for promotion, reassignment, transfer and reappointment
may be noncompetitive.*
Sec. 2. Competitive examinations.--Competitive examinations for
original appointment will be held at such times and places and in
such manner as the needs of the service require.* *Applicants granted
ten-point preference under these regulations may file application at
any time for any position they may specify for which there is an
existing list or a list about to be established or to which any appoint-
ment has been made within the preceding three years. Applicants
granted five-point preference under these regulations may file appli-
cation at any time within six months after their discharge from the
armed forces for examinations for which there are existing lists or for
which lists are about to be established. Examinations reopened for
preference applicants will be scheduled as the needs of the service
require, but in any case not less than once each month.5*
*Sec. 3. Examinations restricted to preference applicants.—In examina-
tions for the positions of guards, elevator operators, messengers, cus-
todians, and such other positions as the President may designate,
competition shall be restricted to persons granted five- or ten-point
preference under these regulations as long as such persons are avail-
able. 5ax
*
*
*
* 1 As to authority for regulations, effective date of regulations, and amendments to
regulations prior to July 3, 1944, see notes on p. 42.*
*
*
*
*
*
*
* See notes on examinations and admission thereto, pp. 50 to 64.
B See notes on p. 61.
*Based on section 10 of the Veterans' Preference Act of 1944 (Public Law 359, 78th Cong.,
June 27, 1944). See p. 10.
Ba Based on section 3 of the Veterans' Preferenoe Act of 1944 (Public Law 359, 78th Cong.,
June 27, 1944 ; p. 10).*
21
(July 3, 1944)
22
,
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
REGULATION II
8
QUALIFICATIONS OF APPLICANTS
SECTION 1. Citizenship.—No person shall be admitted to ta competi-
tivet examination unless he is a citizen of or owes allegiance to the
United States.? A noncitizen may be appointed through noncom-
petitive examination provided *no citizen eligible is available and
that* the department or agency desiring his services has specific
authority to employ noncitizens.
Seo. 2. Form of application.—Application for examination must be
made in such form and manner and accompanied by such certificates
as the Commission may prescribe.
Sec. 8. Disqualifications.--An applicant may be denied examination
and an eligible may be denied appointment for any of the following
reasons: (a) Dismissal from the service for delinquency or miscon-
duct; (6) physical or mental unfitness for the position for which he
applies: *Provided, That, in the case of any person granted five- or
ten-point preference under these regulations who is, in the opinion
of the Commission, physically able to discharge efficiently the duties
of the position for which examined or to which appointment is pro-
posed, the Commission shall waive the physical requirements, after
giving due consideration to the recommendation of any accredited
physician, and the age, height, and weight requirements; sa* (c) crim-
inal, infamous, dishonest, immoral, or notoriously disgraceful
conduct; (d) intentional false statements as to any material fact, or
deception or fraud in securing examination or appointment; (e) re-
fusal to furnish testimony as required by Civil Service Rule XIV;
(f) habitual use of intoxicating beverages to excess; (g) a reasonable
doubt as to his loyalty to the Government of the United States;
(h) any legal disqualification for appointment.20
Any of the reasons stated in the foregoing subdivisions from (6)
through (h) inclusive, shall also be sufficient cause for removal from
the service.11
Sec. 4. Age limits.—There will be no maximum age limits except
where the appointing officer establishes to the satisfaction of the
Commission that the interests of sound administration require such
limits for a particular position."
*
*
" See notes on citizenship on p. 52.
• See notes on appropriation act restrictions on p. 92.
. See notes on application forms to be used, on p. 50.
** Based on section 5 of the Veterans' Preference Act of 1944 (Public Law 889, 78th
Cong., June 27, 1944). See p. 10.*
10 See notes on pp. 52 to 50.'
u see the notes on removal, pp. 180 to 180.
u As to minimum age limits, see the notes on p. 56.
(July 3, 1944)
WAR SERVICE REGULATIONS
23
A person retired under the age or optional provision of the Civil
Service Retirement Act may be reemployed only in the event the
appointing authority determines that he is possessed of special
qualifications.13
*SEO. 6. Education. No minimum educational requirement will be
prescribed in any examination except for such scientific, technical or
professional positions the duties of which the Commission decides
cannot be performed by a person who does not have such education.
189
REGULATION III
RATING AND ELIGIBILITY
SECTION 1. Rating.--Examination papers shall be rated on a scale
of 100.14
When an applicant granted five- or ten-point preference under
these regulations is rated in examinations where experience is an
element of qualifications, time spent in the military or naval service of
the United States shall be considered as an extension of time spent
in the position in which the applicant was employed immediately
prior to his entrance into the military or naval service where such
position was similar to that for which he is filing application. In all
examinations to determine the qualifications of an applicant credit
shall be given for all valuable experience, including experience gained
in religious, civic, welfare, service, and organizational activities,
regardless of whether any compensation was received therefor. 14a
Sec. 2. Preference.16_ In examinations for appointment or reappoint-
ment five points shall be added to the earned ratings of honorably
discharged ex-service men and women who have served in any branch
of the armed forces of the United States during any war or in any
campaign or expedition (for which a campaign badge has been author-
ized). The following shall have ten points added to their ratings:
(a) Honorably discharged ex-service men and women who have
served in any branch of the armed forces of the United States and
who have established the present existence of service-connected dis-
ability or receipt of compensation, disability retirement benefits, or
pension by reason of public laws administered by the Veterans'
Administration, the War Department or the Navy Department.
13 For notes on reemployment of persons who have reached the retirement age, see pp.
129 to 134.
* 181 Based on section of the Veterang' Preference Act of 1944 (Public Law 359,
78th Cong., June 27, 1944). See p. 10.*
1 See notes on p. 05.
* 196 Based on section 4 of the Veterans' Preference Act of 1944 (Public Law 359, 78th
Cong., June 27, 1944). See p. 10.
10 Bused on sections 2 and 3 of the Veterans' Preference Act of 1944 (Public Law 359
78th Cong., June 27, 1944). See also notes on veteran preference, pp. 76 to 79.*
(July 3, 1944)
24
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATE.J
(6) The wives of honorably discharged service-connected disabled
ex-servicemen as have themselves been unable to qualify for any civil
service appointment.
(c) The unmarried widows of honorably discharged deceased ex-
servicemen who had served in any branch of the armed forces of the
United States during any war, or in any campaign or expedition
(for which a campaign badge has been authorized).
As used in this section "honorably discharged” shall mean any
separation from active duty in any branch of the armed forces under
honorable conditions. A transfer to inactive status, a transfer to
retired status, the acceptance of a resignation, or the issuance of a
discharge will be considered as covered by the above definition if such
separation was under honorable conditions.*
*SEC. 3. Eligible lists.18_The names of all competitors rated eligible
will be entered on appropriate lists in accordance with their ratings;
except that,
(a) The names of eligibles granted five- or ten-point preference
under these regulations shall be entered on lists of eligibles in accord-
ance with their respective augmented ratings, and the name of a pref-
erence eligible shall be entered ahead of all others having the same
rating: Provided, That, except on lists of eligibles for positions in the
professional and scientific services for which the basic entranoe salary
is over $3,000 per annum, the names of eligibles granted ton-point
preference under these regulations shall be placed at the top of the
appropriate eligible lists.
() The order of listing provided for in this section shall, for
lists established for the departmental service, be subject to the provi-
sions of section 3 of Regulation IV hereof relating to the apportion-
ment of appointments among the States and Territories. 17
10 Based on section 7 of the Veterans' Preference Act of 1944 (Public Law 359, 78th
Cong., June 27, 1944 ; p. 10). See also notes on rating, D. 65, and on order of names on
hosts of eligibles, p. 74.
17 See also notes on apportionment, p. 79.
(July 8, 1944)
WAR SERVICE REGULATIONS
24.01
Sec. 4. Term of eligibility.-Eligibility on any list shall continue until
terminated by the Commission for all eligibles on the list* or in ac-
cordance with Section 4 of Regulation IV: Provided, That eligibility
granted under Section 5 of this Regulation or as a result of a reopened
examination under Section 2 of Regulation I shall not be terminated
in less than one year except in accordance with Section 4 of Regulation
IV.18
Sec. 5. Restoration to lists of preference employees who have resigned.19 —
Any employee entitled to preference under these regulations who
resigns shall, upon request, have his name reentered on the registers
upon which his name formerly appeared, or any current registers
which have succeeded those registers and for which the qualification
requirements are substantially the same as for the registers on which
his name formerly appeared, in the order provided in Section 3 of
this Regulation, and shall be eligible for recertification and reappoint-
ment in accordance with the procedure provided in Section 4 of Regu-
lation IV: Provided, That whenever there is reasonable doubt as to
the applicant's present qualifications for the position the Commission
may impose further tests of fitness.
REGULATION IV
RECRUITMENT AND PLACEMENT
SECTION 1. Procedure in filling vacancies. In conformity with the
over-all labor supply policies of the Federal government which have
been established in view of the comparatively small number of
qualified persons now available for appointment to many positions,
and in order to avoid competitive recruitment programs on the part
of the agencies of the Federal government, the following procedures
in the filling of vacancies must be observed :
(a) Estimates of personnel needs.-Each department and agency
shall report to the Commission its estimated future needs for personnel,
both in Washington and in the field, in such form and at such intervals
as the Commission may prescribe.
u See notes on duration and termination of eligibility on p. 68.
10 Based on section 16 of the Veterans' Preference Act of 1944 (Public Law 359,
78th Cong., June 27, 1944 ; p. 10).
t
*
(July 3, 1944)
25
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
.
(6) Procedure in filling vacancies. As soon as the need for filling
positions becomes apparent, the department or agency concerned must
place a requisition for personnel with the Civil Service Commission.
*(0) Consideration of qualified employees within the service.--In filling
requisitions for personnel, consideration will be given to qualified
employees already in the Federal service. Special consideration will
be given to those who may, by order of the Director of the Bureau of
the Budget, represent excess personnel where presently employed.*
Every effort will be made to utilize fully present employees of the
Government before new employees are brought in from the outside.20
(d) Developing sources of supply of qualified personnel.--The Commis-
sion shall, in consultation with the department or agency concerned,
work out a program for developing sources of supply of qualified
personnel. This program shall be of such a nature that full utiliza-
tion will be made by the Commission of any resources available to
the department or agency concerned.
No activities for developing sources of supply of qualified person-
nel shall be carried on except with the prior approval of the Com-
mission and under its direction.22
(e) Applications for employment.-Applications for employment in
any position in the Government service subject to these Regula-
tions, whether by original appointment or transfer, filed with any
department or agency of the executive branch of the Government
shall be promptly transmitted to the ** Commission or its repre-
sentatives. A person calling at any department or agency located
*in* Washington, D. C., in connection with obtaining employment
shall not be asked to complete an application by such department or
agency, except as may be provided for under (c) next above, or except
when the person is presently employed or has been formerly employed
in the Federal service, and the appointing officer of the department or
agency
submits an immediate recommendation for the transfer or reem-
ployment of such person. Under the latter circumstances an applica-
tion may be taken and forwarded to the Commission.23*
20 See notes on requisitions for personnel, pp. 70 to 76. 8es also war-service regulation
XIV, “War Reemployment List," on p. 41.01.
22 Sec notes ou recruitment, pp. 47 to 49.
23 The departments and independent establishments have now been authorized until
further notice to receive applications for transfer from Federal employees and retain such
applications in order that consideration may be given such applicants in ølling vacancies
Dach applicant should also file an application with the Commission
(departmental circular No. 417, March 31, 1943).*
which occur.
!
(July 3, 1944)
WAR SERVICE REGULATIONS
26
() Publicity.24—No department or agency of the Government shall
give any publicity to its needs or prospective. needs for personnel
through the press, in periodicals, trade or professional journals,
over the radio, or otherwise, without the express prior approval of
the Commission or its authorized representatives, and, after such
approval, only in accordance with the applicable directives and pro-
cedures of the Office of War Information. This subparagraph shall
apply to all positions which are subject ** to the War Service Regula-
tions or to the Civil Service Act and Rules.
(9) Furnishing of names.28_Upon receipt of a request for names of
qualified persons, the Commission *shall certify from the head of the
appropriate list of eligibles a number of persons sufficient to permit
the nominating or appointing officer to consider three names in connec-
ment List who are qualified and available for the position to be filled.
from a competitive list of eligibles, except of ten-point preference
eligibles, when there are three or more names of eligibles granted five-
or ten-point preference under these regulations on the War Reemploy-
ment List who are qualified and available for the position to the filled.
The eligibles supplied by the Commission will not include the names
of persons suggested by the appointing officer unless such persons are
within reach for certification in accordance with these regulations.*
The Commission will not normally certify the name of a person pro-
posed by an agency unless and until it has had a minimum period of
two weeks in which to certify qualified applicants in response to the
requisition. Under emergency circumstances, the Commission may
shorten the time period specified in the preceding sentence, and the
Commission may require a longer time period in the event of doubt
as to the qualifications of the proposed appointee and in the temporary
absence of other **qualified candidates.
Whenever public announcement is made of a special competitive
examination for filling a particular vacancy in which the statement
is made that the register will expire upon appointment to the par-
ticular vacancy, such vacancy may not thereafter be filled noncom-
petitively by promotion, transfer, *reappointment,* or otherwise.
Applications for such examination, however, may be accepted by the
Commission from persons who are currently in the Federal service, or
who have a status for reappointment to such service, and who are
specially recommended by the appointing officer at any time before
appointment is made to the vacancy involved. The qualifications of
such persons will be rated under the competitive standards observed in
the examination, and their names will be entered on the register and
certified as if they had originally filed an application in the competitive
examination.
1
~ See note on p. 47.
*
*
*
2. Based on sections 8 and 15 of the Veterans' Preference Act of 1944 (Public Law
859, 78th Cong., June 27, 1944 ; p. 10). See also notes on flling requisitions for personnel,
PP. 72 to 76.*
*
*
*
(July 3, 1944)
27 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
(h) Return of requisitions. Whenever a requisition for personnal
from any department or agency specifies qualifications which are, in
the judgment of the Commission, too exacting in the light of the
requirements of the job and of present labor market conditions, the
Commission will return the requisition. In returning such requisi-
tions, the Commission will indicate its willingness to work out with
the department or agency concerned some other solution of its need
for personnel, such as the development of a suitable training pro-
gram and the recruitment of necessary trainees for such a program.
(i) Direct recruiting.28_The Commission may, upon agreement with
the department or agency concerned, recruit persons directly for the
filling of specific vacancies.
Swo. 2. Sex.—Requisitions for personnel shall be filled without
regard to sex unless sex desired is specified by the appointing officer.
SEC. 3. Apportionment.29_In filling requisitions for appointment
in the departmental service of the departments or independent offices
procedures shall be followed which will maintain, as nearly as the
conditions of good administration warrant, the apportionment of
appointments among the several States and Territories and the
District of Columbia upon the basis of population, but the names of
eligibles who have been granted military preference shall be supplied
without regard to apportionment: Provided, That appointments to
the following positions shall not be so apportioned :
(a) In all departments and offices: All positions for which the
entrance salary is $1,440 or less per annum and all positions of tele-
phone operators, artisan positions in a recognized trade, craft, or
skilled (manual) occupation, helpers and apprentices in such occupa-
tions, and other subordinate employees, including laborers, in manual
occupations and including foremen of laborers, and other foremen
and supervisory artisan positions the incumbents of which are re-
quired, in the performance of their duties, to have knowledge of the
trades, crafts, or skilled occupations.
(6) In the Government Printing Office, mail-equipment shops, local
offices in the District of Columbia, field service of the military staff
departments and at Army headquarters: All positions.
SEC. 4. Selection.80—The nominating or appointing officer shall, with
sole reference to merit and fitness, make selections for appointment
*to each vacancy from not more than the highest three names available
for appointment on the certificate: Provided, That the appointing
officer need not consider any nonpreference eligible who has been
within his reach for three separate vacancies or against whom objec-
tions shall be made and sustained for any of the reasons stated in
*
*
*
See notes on this subject on p. 48.
* See notes on this subject, pp. 79 to 81.
30 Based on section 8 of the Veterans' Preference Act of 1944 (Public Law 359, 78th
Cong., June 27, 1944 ; p. 10). See also notes on this subject, pp. 85 to 116.*
(July 3, 1944)
WAR SERVICE REGULATIONS
28
Section 3 of Regulation II. The second and any additional vacanciu
shall be filled in like manner.
An appointing officer who passes over an eligible granted five- or
ten-point preference under these regulations and tentatively selects a
nonpreference eligible, shall file with the Commission his reasons in
writing for so doing and the Commission shall determine the suffi-
ciency or insufficiency of such submitted reasons. The nonpreference
eligible tentatively selected may not legally be appointed until the
appointing officer has considered the findings of the Commission as
to the sufficiency or insufficiency of the reasons submitted for passing
over the preference eligible. Upon receipt of a finding of the Com-
mission that the reasons for passing over a preference eligible are
sufficient, the nonpreferonco eligible tentatively selected may be ap-
pointed. If the Commission finds that the reasons submitted are in-
sufficient the appointing officer may (a) submit additional information
in support of his reasons, in which case the appointment of the non-
preference eligible may not be made until the appointing officer re-
ceives the findings of the Commission on the additional information;
or () consider the findings of the Commission as to insufficiency and
appoint either the preference eligible or the tentatively selected non-
preference eligible. A copy of the appointing officer's reasons and
the Commission's findings shall, upon request, be sent to the eligible
or his designated representative. If upon certification reasons deemed
sufficient by the Commission for passing over his name shall three
times have been given by an appointing officer, certification of his name
for appointment will thereafter be discontinued, prior notice of which
shall be sent to the eligible. Any nonpreference eligible who has been
within reach for three separate vacancies in his turn, and any pref-
erence eligible who has been passed over three times for reasons deemed
sufficient by the Commission, may be subsequently selected, subject to
the approval of the Commission, from the certificate on which his
name last appeared if the condition of the list has not so changed as to
place him in other respects beyond reach of certification.
REGULATION V
APPOINTMENT 88
SECTION 1. Appointment.-An eligible selected for appointment shall
be duly notified in writing by the appointing officer.
SEC. 2. Status of appointees. Persons appointed under these regula-
tions will not thereby acquire a classified (competitive) civil-service
*
*
# See notes on placement and original appointment, pp. 70 to 118
(July 3, 1944)
28.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
status. Unless otherwise specifically limited such appointments may
be for the duration of the present war and for 6 months thereafter.
Sbo. 3. Trial period.—Except for persons appointed for a specific
period of one year or less, the first full year of service shall be a trial
period, satisfactory completion of which shall be considered part of
the entrance examination. If and when, after a full and fair trial
during this period, the conduct or capacity of the trial appointee be
not satisfactory to the appointing officer, the appointee may at any
time thereafter during the trial period be so notified in writing, and
such notice shall terminate his service. In the case of substitutes
in the Postal Service the trial period will be 2,448 hours of active
duty.* 34
Sec. 4. Emergency appointment without examination.—(a) In cases of
extreme emergency where positions must be filled without delay, and
where time does not permit the securing of prior authority, emergency
appointments for not to exceed 30 days may be made without examina-
tion and without specific authority of the Commission. This au-
thority shall not apply to positions in Washington, D. C., or to posi-
tions in cities where Regional Offices or Branch Regional Offices of
the United States Civil Service Commission are located. Such ap-
pointments may not be extended beyond the 30-day period without the
express prior approval of the Commission.
(6) Notwithstanding the provisions of this section, all existing
special agreements between the Commission and any department or
agency are continued in effect until further notice except that such
appointments will be made initially under Executive Order No.
9063. Approval of the Commission or the Regional Director or his
representative must be obtained for continuation of such appoint-
ments beyond the period authorized by such agreements.
(O) Except as provided in subsections (a) and (b) of this section,
appointment without examination may be made only with the express
prior approval of the Commission.
*(d) In making appointments under this section, the appointing
officer shall give first consideration to those qualified applicants who
are entitled to military preference under the provisions of these
regulations.
(e) The War Service Indefinite appointment in the same agency
or another agency of any employee serving under an emergency ap-
pointment under this section may not be authorized noncompetitively
under Regulation IX unless he has a status for reappointment under
Regulation VIII or unless he has served 90 days under such temporary
***The extension of the trial period to one year applies to all war-service appointment
lected on or after Jun, 8, 1942. See notes on p. 116.
(July 8, 1944)
WAR SERVICE REGULATIONS
29
appointment and extensions thereof. Service under an emergency
appointment of a nonpreference eligible who is within reach for indefi-
nite appointment on an appropriate list of eligibles will not be con-
sidered as a satisfactory reason for passing over a preference eligible
higher on such list and selecting the nonpreference eligible.
Sec. 5. Noncompetitive appointment necessitated by war program.-
When, in the discretion of the Commission the exigencies of the war
program demand that a position be filled immediately before the
Commission has time to establish a formal list of eligibles the noncom-
petitive appointment of a qualified person who is immediately avail-
able may be authorized : Provided, That such an appointment shall
be a temporary appointment not to exceed one year and may be renewed
for one additional year at the discretion of the department or agency
concerned.
SEC. 6. Positions which become subject to the war service regulations.-
The following classes of employees may be given war service appoint-
ments without prior approval of the Commission:
(a) Any person holding a position in a public or private enterprise
which is taken over by the Federal Government and who thereby be-
comes an employee of the Government.
(6) Any Federal employee holding a position which is excepted
from the Civil Service Act and Rules and the War Service Regulations
when his position is made subject to the Civil Service Act and Rules
or the War Service Regulations.
All war service appointments made under this section shall be re-
ported immediately to the Civil Service Commission.
No person given a war service appointment under this section shall
acquire eligibility for a classified civil service status until six months
after the end of the present war. At the expiration of six months after
the war, such person may be recommended for a classified civil service
status in accordance with section 6 of Civil Service Rule II provided
his position becomes a permanent position in the classified civil service
and he is still the incumbent thereof.86
*This section shall not apply to postal employees who become eligi-
ble for a classified civil service status in accordance with section 7 of
Civil Service Rule II.86*
*
*
*
» For the text of section 6 of civil-service rule II, see p. 220; of sectiou 7 of that rule,
Notes on the acquisition of a classified status appear on p. 230.
p. 222.
(July 3, 1944)
80
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
REGULATION VI
PROMOTION 87
SECTION. 1. Procedure in promotion.-Employees appointed to indefi-
nite *or temporary* positions under the provisions of these regula-
tions may be promoted within the same department or agency in the
same manner and under the same procedures and standards as em-
ployees having a classified civil service status : *Provided, That no
promotion shall be made of persons who are serving under emergency
appointments authorized under Section 4 of Regulation V.
SEC. 2. Qualifications.88—In determining qualifications for promo-
tion with respect to employees entitled to five- or ten-point preference
under these regulations, any requirements as to age, height, and weight
shall be waived provided any such requirement is not essential to the
performance of the duties of the position. After due consideration
has been given to the recommendation of any accredited physician,
the physical requirements shall be waived in the case of any such
employee provided he is found physically able to discharge efficiently
the duties of the position for which promotion is proposed.
Sec. 3. Promotion of substitutes.39_Whenever in the Postal Service
two or more substitutes are appointed on the same day, they shall be
promoted to the regular force in the order in which their names ap-
peared on the civil service register from which they were originally
appointed whenever there are substitutes of the required sex who are
available and will accept, unless such vacancies are filled by transfer
or reinstatement. *
REGULATION VII
REMOVAL
SECTION 1. Procedure in removals. The provisions of Civil Service
Rule XII shall apply to all persons appointed under the provisions
* Sec notes on assignment and changes in rank or salary on p. 157.
*88 Based on section 5 of tbe Veterans' Preference Act of 1944 (Public Law 359, 78th
Cong., June 27, 1944 ; p. 10).
*80 Based on section 8 of the Veterans Preference Act of 1944 (Public Law 359, 78th
Qong., June 27, 1944 ; p. 10). For further details on promotion of substitutes, see notes
CA P. 183.*
(July 8, 1944)
WAR SERVICE REGULATIONS
30.01
of these regulations except (a) those appointed for periods specifi-
cally limited to one year or less, (b) those serving the trial period
provided for in section 3, Regulation V, and (c) those appointed
subject to a condition imposed by the Commission which has not
been complied with.“
*SEC. 2. Preference employees. 41_In addition to any rights to which
he may be entitled under Section 1 of this regulation, any employee
(except those referred to in sections 1 (a), 1(6), and 1(c) above) en-
titled to five- or ten-point preference under these regulations, who is
proposed for involuntary discharge, suspension for more than 30
days, furlough without pay, or reduction in rank or compensation, shall
have at least 30 days advance written notice (except where there is
reasonable cause to believe the employee to be guilty of a crime for
which a sentence of imprisonment can be imposed), stating any and all
reasons, specifically and in detail, for any such proposed action. Such
preference employeo shall be allowed a reasonable time for answering
the same personally and in writing, and for furnishing affidavits in
support of such answer, and shall have the right to appeal to the Civil
Service Commission from an adverse decision of the administrative offi-
cer so acting. Such appeal shall be made in writing within a reason-
able length of time after the date of receipt of notice of such adverse
decision: Provided, That such preference employee shall have the right
to make a personal appearance, or an appearance through a designated
representative, in accordance with rules and regulations of the Com-
mission. After investigation and consideration of the evidence sub-
mitted, the Commission shall submit its findings and recommendations
to the proper administrative officer and shall send copies of the same
to the appellant or his designated representative: Provided further,
That the Commission may declare any such preference eligible who
may have been dismissed or furloughed without pay to be eligible for
entry of his name on the War Reemployment List.
REGULATION VIII
REAPPOINTMENT
SECTION 1. Reappointment of persons granted preference.-Subject to
the prior approval of the Commission a former civilian employee of
the executive branch of the Federal Government or the District of
*
40 For the text of civil-service rule XII, see p. 283. See also the notes on separation
on p. 180.
* 41 Based on seetion 14 of the Veterans' Preference Act of 1944 (Public Law 359, 78th
Cong., June 27, 1944; p. 10).*
(July 3, 1944)
30.02 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
Columbia Government who is entitled to military preference under
these regulations may be reappointed by war service appointment to
any position for which he meets the standards as to experience and
training established for open competitive examination for such posi-
tion: Provided, That noncompetitive standards may be used in de-
termining the qualifications of such person proposed by his former
agency for reappointment to the same or a lower grade position of the
same general type as one in which he previously served in such agency.
Sec. 2. Reappointment of persons with civil service status.-Subject to
the prior approval of the Commission a former civilian employee who
would have a status for reinstatement under Civil Service Rule IX 42
and the regulations in force prior to March 16, 1942, may be re-
appointed by war service appointment to any position for which he
meets the standards as to experience and training established for
open competitive examination for such positions: Provided, That
noncompetitive standards may be used for determining the qualifica-
tions of such person proposed by his former agency for reappoint-
ment to the same or a lower grade position of the same general
type as one in which he previously served in such agency.
Sec. 3. Reappointment of persons without civil service status or prefer-
ence.--Subject to the prior approval of the Commission a former
civilian employee who does not have a status for reappointment under
Section 1 or 2 of this Regulation but who has served at least one month
under war service indefinite appointment may, within twelve months
of separation from such appointment, be reappointed by war serv-
ice appointment to any position in the agency in which such service
was rendered for which he meets the standards as to experience and
training established for open .competitive examination for such posi-
tion: Provided, That noncompetitive standards may be used in de-
termining the qualifications of such person for reappointment to the
same or a lower grade position of the same general type as one in
which he previously served in such agency.
For text of civil-service rule IX, see p. 264.
(July 3, 1944)
WAR SERVICE REGULATIONS
31
Sec. 4. Actual service required.—Reappointment under this Regula-
tion must be for actual service and not primarily for the purpose of
bringing former employees within the provisions of the Civil Service
Retirement Act as amended.43
Sec. 5. Trial period.—Persons reappointed under this Regulation will
be required to serve a trial period of one year in accordance with Sec-
tion 3 of Regulation V. In the case of substitutes in the Postal Service
the trial period will be 2,448 hours of active duty.
Sec. 6. Postal Service. When a former classified employee is to be
reinstated to a position in the Postal Service, reinstatement will be
made under Civil Service Rule IX.42
Temporary appointment in the Postal Service may be authorized,
when necessary, under Section 1 of Civil Service Rule VIII ** pending
reinstatement or reappointment.
REGULATION IX
TRANSFER 45
SECTION 1. Transfers in interests of war program.-In determining
whether an employee can make a more effective contribution to the
war program in some other Government position, or in a position in
private or public enterprise, for the purpose of this regulation the
Commission will base its findings upon:
(a) The extent to which the skills, abilities, training and experi-
ence of the employee are required and will be utilized by the depart-
ments, agencies, activities or private or public enterprise concerned;
and
(6) the relative importance of the war program of the government
activities in which the employee has been employed and to which he
will be transferred; **and
(c) the relative importance to the war program of the government
activity in which the employee has been employed and of the private
or public enterprise to which he will be transferred, as indicated**
by such policies and directives as the Chairman of the War Manpower
Commission may prescribe.
Sec. 2. Inter-agency transfers.-(a) Whenever the Commission shall
find that an employee will make a more effective contribution to
the war program in a position in some other agency or activity,
transfer will be authorized by the Commission under Directive No.
42 For text of civil-service rule IX, see p. 264.
19 See section 4 of war-service regulation II, p. 22, and the notes on reemployment after
reaching retirement age on p. 129.
4. For text of civil-service rule VIII, see p. 261.
16 See notes on transfer, pp. 148 to 156.*
697545944
2
(July 3, 1944)
32
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
10 of the War Manpower Commission (effective September 27, 1942).
Such transfer shall be authorized subject to the following conditions:
(1) The employee transferred shall be entitled to the reemploy.
ment benefits set forth in section 5 of this regulation.
(2) The consent of the employee shall not be required, but any
employee whose transfer is to be directed without his consent shall be
afforded such period of time as the War Transfer Unit of the Central
Office of the Commission or the War Transfer Unit of a Regional
Office, as the case may be, may specify to present in writing reasons and
evidence that the proposed transfer is inequitable or will impose upon
him an undue hardship. The employee's statement will be considered
by the War Transfer Unit in the Central Office or in a Regional Office,
as the case may be, and if it is decided to direct the transfer, the
employee shall be so notified and afforded a reasonable period of time
to file an appeal.
Upon receipt of an appeal from the employee, there will be desig-
nated by the Chief Law Officer of the Commission (or, in cases in-
volving employees in the field service, by the Regional Director) a
committee consisting of an employee representative and an adminis-
trative or supervisory official of a Government department or agency
not involved in the proposed transfer to consider the employee's state-
ment and such other evidence as it may consider pertinent, and to re-
port to the Commission's *Chief Law Officer or the Regional Direc-
tor, as the case may be, its findings as to whether the proposed transfer
is inequitable or will impose an undue hardship upon the employee.
Final decision as to whether the proposed transfer shall be ordered
will be made by the Commission's *Chief Law Officer, or the Regional
Director, as the case may be, provided that whenever the Chief Law
Officer* or the Regional Director does not agree with the findings of
the committee, the case shall be forwarded to the Commission for
final decision. If the special committee is unable to agree on a finding,
the Chief Law Officer* or the Regional Director, as the case may be,
shall forward the case to the Commission for final decision with his
recommendation.
*(3) Whenever a transfer is authorized under this subsection to a
position beyond reasonable commuting distance from the home of the
employee concerned, the department or agency to which he is trans-
ferred shall reimburse the employee for the cost of transporting him-
self and his household goods, out of funds available to the agency for
expenses of travel or transportation, in accordance with Government
regulations. No employee shall, without his consent, be transferred
(July 3, 1944)
WAR SERVICE REGULATIONS
33
*
50
to a position at a lower salary than he is receiving at the time transfer
is initiated.48*
(4) The consent of the agency in which the employee is serving
shall not be required, but such agency shall be notified by the Commis-
sion and allowed such period of time as the Commission shall specify
to present ovidence that its work will be jeopardized by the loss of the
employee's services and as to the extent to which the employee's skills,
abilities, training, and experience are being and will be utilized in
connection with the war program or essential supporting activities in
such department or agency. The Commission will consider this,
and all othor relevant evidence, and unless a decision to the contrary
is reached by the Commission, the transfer shall become effective
within ten days of the original notification. In the event that the
Commission finds that the agency's work will be jeopardized by an
immediate transfer of the employee, the transfer shall become effectivo
on such date as the Commission may specify.
(5) An employee desiring to apply for transfer may file his appli-
cation either with the Civil Service Commission or with the agency
to which he desires transfer. The department or agency receiving
applications for transfer from such employees shall forward the
applications immediately to the Civil Service Commission. The
applications may be accompanied by *request for transfer or re-
appointment.*
(6) The Commission may, of its own motion, initiate action to
effect transfers under this section.
(6) Transfers may be authorized by the Commission without re-
employment rights under Executive Order No. 9063 of February 16,
1942, under the conditions listed below: Provided, That in the judg-
ment of the Commission, the transfer is not contrary to the best inter-
ests of the war program or contrary to the most effective methods of
filling the Federal Government's requirements for manpower in the
civilian service or in conflict with the policies or directives of the War
Manpower Commission:
* * Based on section I of War Manpower Commission Directive No. X, as amended.
(See p. 13.)*
*
*
* For notes on negotiations between the Commission and the agency from which tho
employee is to be transferred, see p. 151 ; for notes on appeals by agencies, see p. 154.
*
*
*
(July 3, 1914)
34
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
(1) When the employee has compelling personal reasons for seeking
a transfer and to remain in his present position would be an undue
hardship upon the employee,53 or
(2) When the transfer under the provisions of Directive No. X
of the War Manpower Commission may not be made with reemploy-
ment rights but, in the judgment of the Commission, would be in the
best interests of the Government service.
Should the department or agency in which the employee is serving
object to the proposed transfer, the Commission will consider such
information and evidence as may be submitted by the department and
make a final decision as to whether the transfer shall be authorized.
SECTION 3. Intra-agency transfers.—The transfer of any employee
from one activity or office to another activity or office within the same
department or agency may be effected by the head of the department
or agency without the prior approval of the Commission,65 subject to
the following conditions:
(a) An employee transferred under this section shall be entitled
to the reemployment benefits set forth in section 5 of this regulation
whenever the head of the agency concerned shall find that the skills
and qualifications possessed by the employee can be better utilized in
the position to which he is transferred, and that the employee can thus
make a more effective contribution to the war program. All transfers
under this section involving reemployment benefits shall be reported
to the Commission within one week after the effective date of the
transfer.
(6) All other transfers within a department or agency shall be
made and reported to the Commission as heretofore.
(c) The Commission may, of its own motion, initiate action to effect
such transfers.
SECTION 4. Transfers to private or public enterprise. 66—(a) The release
of any employee from any department or agency for employment
in a private or public enterprise, including an activity carried on
by a State, territory, or possession of the United States, or by any
political subdivision thereof, or by any agency or instrumentality of
a State, territory, or possession of the United States or their political
*
*
*
69 For criteria in determining whether retention in his present position would be an undue
hardship upon the employee, see note on p. 153.
*
*
*
*
*
66 See also the notes on changes in assignment, rank, or salary on p. 157, and on trans-
fer of excepted or temporary employees on p. 154.
68 See the notes on special requirements for transfer under section 4 of regulation LX,
P. 196.
As to the procedure to be followed in requesting release of a Federal employed
under this section, see p. 195.
(July 3, 1944)
WAR SERVICE REGULATIONS
35
subdivisions, will be authorized by the Commission under Directive
No. 10 of the War Manpower Commission (effective September 27,
1942) whenever the Commission shall find that such employee is
qualified to perform work in a critical war occupation (as defined in
the Essential Activities and Essential Occupations Directive of the
War Manpower Commission) and can make a more effective contri-
bution to the war effort in an essential activity carried on by a private
or public enterprise, subject to the following conditions:
(1) An employee released under this section shall be entitled to the
reemployment benefits set forth in section 5 of this regulation.
(2) The consent of the employee shall be required for release under
this section.
(3) An employee whose release has been authorized under this sec-
tion shall be carried in a leave-without-pay status in his Federal
position for the period of his employment with the private or public
enterprise, but not to extend beyond six months after the end of
the war.
(4) The consent of the agency in which the employee is serving
shall not be required for release under this section, but such agency
shall be notified by the Commission and allowed such period of time as
the Commission shall specify to present evidence that its work will be
jeopardized by the loss of the employee's services and as to the extent
to which the employee's skills, abilities, training, and experience are
being and will be utilized in such department or agency. The Com-
mission will consider this, and all other relevant evidence, and unless a
decision to the contrary is reached by the Commission, the release
shall become effective within ten days of the original notification.
In the event that the Commission finds that the agency's work will be
jeopardized by an immediate release of the employee, the release shall
become effective on such date as the Commission may specify.58
(5) Action to effect the release of individual employees under this
section may be initiated by the employee, the department or agency
in which he is employed, the private or public enterprise concerned,
the United States Employment Service of the War Manpower Com-
mission or the Civil Service Commission.
SECTION 5. Reemployment benefits.60—(a) Any person, except one
holding a temporary position, transferred under this regulation under
**For notes on negotiations between the Commission and the agency from which the
employee is to be transferred, see p. 151.
*
*
t
*
· For notes on reemployment benefits, see p. 146.
(July 3, 1944)
36
CIVIL SERVICE ACT, RULES, AND REGULATION, ANNOTATED
such conditions as to entitle him to reemployment benefits, *who is sub-
sequently involuntarily furloughed " or terminated* without cause
such as would reflect on his suitability for reemployment in the Fed-
eral service, shall be entitled to the rights specified below, pro-
vided he is still qualified to perform the duties of his position and
that he makes application for reinstatement within forty days after
the termination of his services, but in no event later than six months
after the end of the war:
(1) If transferred to another Federal department or agency, he
shall be entitled to thirty days' notice from the department or agency
to which he has been transferred, prior to the termination of his serv-
ices with such department or agency, unless such termination is for
cause.
(2) He shall be reinstated within thirty days of his application in
the same department or agency and to the maximum extent practicable,
in the same locality, in his former position, or in a position of like
seniority, status, and pay, in such manner, to the extent consistent with
law, that he does not lose any of the rights or benefits to which he
would have been entitled had he not been transferred or released,
provided that such a position then exists.
(3) If such a position, or if the agency or activity in which he was
employed, is no longer in existence and such person therefore cannot
be reinstated, his name shall be entered on the Reemployment List
established pursuant to Executive Order No. 5924 of September 20,
1932,62 to be considered for certification, ahead of all other lists main-
tained by the Civil Service Commission, to positions elsewhere in
the Government service for which he is eligible by reason of his civil
service status and qualifications.
(6) In the event of the transfer of any employee under a series of
transfers, all of which are under such conditions as to entitle him to
the reemployment benefits provided in this regulation, such reemploy-
ment benefits shall continue to be applicable to the agency from which
the employee was originally transferred.
(c) An employee who transfers within the Government service
under such conditions as to entitle him to reemployment benefits, or
an employee who has been released from a Government position for
employment in an essential activity conducted by a public or private
enterprise under such conditions as to entitle him to reemployment
61 The change permitting exercise of reemployment rights upon involuntary furlough is
effective July 3, 1944 (departmental circular No. 493, July 3, 1944).*
62 See p. 124.
(July 3, 1944)
WAR SERVICE REGULATIONS
37
63
benefits, and who, while employed in the position to which trans
ferred or released, enters active service with the armed forces of the
United States, shall be entitled to the same reemployment benefits
with respect to the Government position from which he was trans-
ferred or released as those to which he would have been entitled had
he entered active military or naval service while employed in such
Government position.
(d) A person initially appointed for the duration of the war who
receives a transfer or release under these regulations for the duration
of the war, under such conditions as to entitle him to reemployment
benefits, will not be required to be reemployed at the cessation of the
war in the department or agency in which he was originally employed
in view of the fact that his position would no longer exist and in view
of the fact that no position of like status would exist. Such person
will, however, be entitled to have his name entered on the Reemploy-
ment List as provided in this section.
(e) Whenever the filling of any position by promotion from within
for an indefinite period is being considered by any department or
agency, employees who have been transferred or released under condi-
tions which entitle them to reemployment benefits in such depart-
ment or agency shall be given the same consideration they would
have received had they not been transferred or released, and may be
selected for such promotion. In the event of such selection, if such em-
ployee is not authorized to return to the position to which promotion
was made, the position in question shall be filled only for the duration
of such employee's reemployment rights under section 5 of this regula-
tion, and such reemployment rights shall be applicable to the position
to which promotion was made.
SEC. 6. Examinations.—No employee appointed without competi-
tive or noncompetitive examination may be transferred without
qualifying in such appropriate noncompetitive examinations as the
Commission may prescribe, except employees who are subject to title
I of the act of November 26, 1940,86 or any statute or Executive order
providing for the acquisition of a classified civil service status. When-
ever a transfer involves also a promotion or change in status, the
provisions of these regulations regarding promotions and changes in
status shall be applicable to such transfers.
68 **As to reemployment rights, in general, of employees who enter the armed forces,
see War Manpower Commission Directive X, p. 15; war-service regulation XII, p. 41; and
notes on p. 136.
*
pee p. 328.
(July 3, 1944)
38
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
Seo. 7. Apportionment.—The provisions of section 3 of Regulation IV
relating to the apportionment of positions among the several States
shall not be applicable to transfers under this regulation, and such
transfers shall not be charged to the quota of any State under such
apportionment.
*SEO. 8. Status of employees.-(a) No employee serving under an
emergency appointment under Section 4 of Regulation V may be trans-
ferred under this regulation unless he has a status for reappointment
under Regulation VIII or unless he has served 90 days under such
temporary appointment and extensions thereof. The appointments
otherwise of such persons are subject to the provisions of Sections 1
and 2 of Regulation X.*
(6) In all transfers under this regulation, the employee shall retain
for all intents and purposes under the civil-service laws and rules the
same civil-service status which he had in the agency from which he
was originally transferred.
Any transfer or reappointment of an employee who was originally
appointed "subject to investigation" will be subject to the results
of the investigation.
Seo. 9. Reports. Each department and agency shall *submit* to
the Civil Service Commission such information as the Commission
may require for the effectuation of Directive No. 10 of the War Man-
power Commission in such form and at such intervals as the Com-
mission may prescribe.
SEC. 10. Post Office Department, field service.-This regulation shall
not apply to transfers to or between positions in the field service
of the Post Office Department* of persons having a classified civil-
service status; such transfers may continue to be effected under civil-
service rules and regulations.87 This regulation shall apply to trans-
fers to or between positions in the field service of the Post Office Depart-
ment of persons who do not have a classified civil service status, and
to the transfer of employees from the field service of the Post Office
Department to positions in other departments or agencies of the execu-
tive branch of the Government.
SEC. 11. Trial period.—Any person who has completed a trial or pro-
bationary period during his current period of service shall not be re-
quired to serve a new trial period upon transfer under this regulation.
Any person transferred under this regulation prior to completion of a
trial or probationary period may complete his trial or probationary
period in the position to which transferred subject to the provision of
Section 3 of Regulation V as to termination of service. Where a
person is transferred under this regulation from a position in which a
~ For civil-service rules on transfer, see p. 278.
(July 3, 1944)
WAR SERVICE REGULATIONS
39
trial or probationary period is not required, the beginning of the trial
period shall be considered as dating from the time of original appoint-
ment in the Federal Government during the employee's current con-
tinuous service. When a full year of service has been rendered since
that date, the employee shall be regarded as having completed his
trial period.
SEC. 12. Preference employees in transfers of functions.68—When any or
all of the functions of any agency are transferred to, or any agency is
replaced by some other agency or agencies, all employees entitled to
five- or ten-point preference under these regulations, in such trans-
ferred agency, available and qualified for positions in the replacing
agency or agencies, shall first be transferred to such positions before
such agency or agencies shall appoint additional employees from any
other source for such positions, and the Civil Service Commission
will not certify eligibles for such positions as long as such qualified
and available preference employees have not been transferred.*
REGULATION X
RELEASE FROM GOVERNMENT EMPLOYMENT 69
*
SECTION 1. Consent for reappointment, reinstatement, and reemploy-
ment.—No department or agency will effect the transfer or the appoint-
ment, reappointment, reinstatement, or reemployment within thirty
days of separation from the service of any employee, or former em-
ployee, as the case may be, of another department or agency without
the express prior approval of the Civil Service Commission.
Seo. 2. Employment of short-term employees.—A person who is serving
or who last served under an appointment limited to six months or
less shall not be required to secure the consent of any Government
department or agency in order to be appointed, reappointed, trans-
ferred, reinstated, or reemployed in any other Government depart-
ment or agency for a period to extend for the duration of the war and
six months thereafter.
REGULATION XI
GENERAL PROVISIONS
SECTION 1. Regulations superseded.—*These* regulations shall super-
sede civil service rules III, V, VI, VII, VIII, IX, X, and all provisions
* Based on section 12 of the Veterans' Preference Act of 1944 (Public Law 359, 78th
Cong., June 27, 1944 ; p. 10).
* See also War Manpower Commission Directive X, p. 18, and Regulations 4, 0, and 7
of the War Manpower Commission, pp. 851 to 863.*
+
(July 3, 1944)
40
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
of joint regulations inconsistent with these regulations for all posi-
tions except (unless otherwise specifically provided in these regula-
tions)
*
*
*
*
(a) Positions other than those filled by civilian employees of the
forces in the Police and Fire Department of the municipal govern-
ment of the District of Columbia; 72
(6) Positions of policemen in the U. S. Park Police force of the
Interior Department.
*(C) Postmasters.T8 Other positions in the field service of the Post
Office Department when retroactive probational appointments are
made thereto of persons who entered on duty prior to November 23,
1943, through certification for probational appointment but who were
found ineligible for probational appointment because of physical
condition and who subsequently become eligible by correcting their
physical condition.
Civil Service Rule II, Section 6, is suspended as to appointments
made under Section 6 of Regulation V, *but said section 6 shall be
applicable to postal employees who become eligible for a classified
civil-service status in accordance with Section 7 of Civil Service
Rule II.74
*
*
SEO. 2. Violations; revocation of delegated authority.-Whenever the
Commission shall find that any department or agency, or part thereof,
has acted in violation of any provision of the civil service rules or
of these Regulations, the Commission may revoke in whole or in part
any authority to act delegated to such department or agency, or part
thereof.
REGULATION XII
STABILIZATION OF EMPLOYMENT 76
*Actions taken under or pursuant to these War Service Regulations
shall be subject to the directives, orders, regulations and employment
stabilization programs of the War Manpower Commission.
No employee of the civilian executive branch of the Federal Govern-
ment shall be released from Federal employment to accept non-Federal
employment except in accordance with applicable War Manpower
Commission employment stabilization programs.*
To See chapter on the filling of positions of policemen and firemen under the District of
Columbia government.
** For provisions governing appointment of postmasters, see p. 877.
74 For notes on suspension of section 6 of rule II, see p. 233. For text of section 7 ot
rule II, see p. 222.*
*
To For the principal directives and regulations of the War Manpower Commission most
directly affecting Federal employment, see pp. 849 to 363. See also notes on p. 193.
*
(July 3, 1944)
WAR SERVICE REGULATIONS
41
REGULATION XIII
RESTORATION OF PERSONS HAVING REEMPLOYMENT
RIGHTS 78
SECTION 1. Persons discharged from the military or naval service. 79
Any civilian employee of the executive branch of the Government who
has left or leaves his position (other than a temporary position) in
order to perform active military or naval service for the United States,
and (a) is honorably *separated from active military or naval serv-
ice, and (6) is still qualificd to perform the duties of his position, and
(o) makes application for reemployment in such position within forty
days after his *separation from active military or naval service, shall
be entitled to the following reemployment benefits:
(1) He shall be reemployed in any position to which, according to
the records of the agency, *and according to the promotion regulations
then in effect,* he would have been promoted if he had not been absent
to perform military or naval service;
(2) If such position does not exist, he shall be restored to the posi-
tion which he held at the time of his entry into the military or naval
service;
(3) If neither of the positions referred to in (1) or (2) exists, he
shall be restored to a position comparable as to seniority, status, and
pay with the position which he held at the time of his entry into the
military or naval service.
This section shall apply to employees who were originally
appointed for the duration of the war, or for the duration of the war
and six months thereafter: Provided, however, That such employees
shall not be required to be retained in employment beyond the limi-
tation placed upon their original appointments: Provided further,
*That no permanent employee shall be removed, nor shall any perma-
nant employee be denied reemployment under this Regulation, in order
that any employee who was originally appointed for the duration of
the war, or for the duration of the war and six months thereafter,
inay be reemployed under this Regulation.
78 The act of June 28, 1943 (57 Stat. 162; 80 (App.) U. S. C. 1940 ed., supp. III, 1472;
see page 136), granting reemployment benefits to Federal employees who have served in
the merchant narine, is administered and enforced by the Administrator, War Shipping
Administration.*
To See notes on this subject on p. 136. As to employees who had transferred before
entering the armed forces, see section 0 (0) of war-service regulation IX, p. 36, and War
Manpower commission Directive X, p. 15. *As to the authority for this regulation,
see p. 139.
*
(July 3, 1944)
41.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
Any person restored pursuant to this section shall be restored
without loss of seniority rights or other rights dependent upon length
of service.
SDCTION 2. Time limit.-Any person who is entitled to reemployment
in the Government service under section 1 of this Regulation, or under
any provisions of Regulation IX, shall be reemployed as provided in
these regulations within thirty days of his application for reemploy-
ment. *In the event the employee cannot establish proof of honor-
able separation from the armed forces he may be restored to duty
"subject to proof of honorable separation."81
SEC. 3. Establishing proof of separation from military or naval service.—
When a person entitled to reemployment in the Government service
after active military or naval service is restored to duty the agency
concerned shall submit proof of separation from such service and
Preference Form 14 to the Commission,
REGULATION XIV
WAR REEMPLOYMENT LIST
SECTION 1. The following persons shall be eligible to apply for entry
of their names on the War Reemployment List:
All present or former civilian officers and employees (except tem-
porary employees appointed for a definitely limited period of one
year or less), of the Executive Branch of the United States Govern-
ment, the District of Columbia Government, or the Administrative
Office of the United States Courts, who are unqualifiedly recom-
mended for further Federal employment, have satisfactory service
histories, have not been reemployed (except under temporary appoint-
ment) in the Federal service since becoming eligible to apply, and
81 In the case of Hall v. Union Heat, Light, and Power Co. (53 F. Supp. 817), decided
in the District Court for the Eastern District of Kentucky, Covington Division, February
21, 1944, an employee of a private corporation who was entitled to the benefits of section
8 (b) of the Selective Training and Service Act had been restored to duty and pay, but
after a delity of more than three months from the date of making application for restora-
tion. The court held that it had jurisdiction to entertain an independent action to
recover wages or salary that would have been earned had he been reemployed when he
Arst madle application. This indicates that the courts look with disfavor upon undue
delay in restoring to duty an employee entitled to the benefits of section 8 (b).*
t
(July 3, 1944)
WAR SERVICE REGULATIONS
41.02
!
(a) who on account of reduction in force will be, within 3 months,
or have been, within one year, separated from the service or fur-
loughed for 3 months or more; or
(6) who, having been transferred with reemployment rights under
the provisions of Executive Orders 8973 or 9067 or Directive No. X
of the War Manpower Commission, are eligible under the provisions
of such Executive orders or Directive to apply for entry of their names
on the War Reemployment List and make application within one year
of separation from the activity to which so transferred, or
(c) who, having entered the armed forces or the merchant marine
from a Federal civilian position, or from a position in public or pri-
vate enterprise to which transferred with reemployment rights by the
Commission, have been honorably separated or granted certificates of
substantially continuous service and make application within one year
of separation from the armed forces or release from the merchant
marine; or
(d) who have within one year been separated from the service due
to the return to duty of employees who entered the armed forces or
the merchant marine or who were transferred with reemployment
rights; or
(e) who, having elected to remain in the same city because of per-
sonal or family reasons when the Government agencies or organiza-
tional units by which they are presently or were formerly employed
were ordered to move to another city beyond normal commuting dis-
tance, (1) are currently or within three months are to be on terminal
leave from such agencies or organizational units, or (2) have been
separated from the service because of the removal of such agencies or
organizational units, provided application is made before or within
one year after the date of such removal.
SEC. 2. The Commission may also enter on this list the employees
who are entitled to preference under these regulations and who, it
finds, have been unjustifiably dismissed or furloughed without pay.82*
** Based on section 14 of the Veterans' Preference Act of 1944 (Public Law 359, 78th
Cong., June 27, 1944 ; p. 10).*
(July 3, 1944)
NOTES ON FILLING AND VACATING POSITIONS SUBJECT
TO THE WAR SERVICE REGULATIONS
GENERAL NOTES ON THE WAR SERVICE REGULATIONS
were
Or
Authority for the war-service regula- porated into the regulations a provision
tions.-The authority for the war-serv- of departmental circular No. 255, re-
ice regulations is comprised in the Vet-vision 1, of December 23, 1941, except
erans' Preference Act of 1944 (Public that previously this policy had applied
Law 359, 78th Cong., June 27, 1944; see only to examinations which
page 10); Executive Order No. 9063 of open to competition while the 5-point
February 16, 1942 (see page 11); Exec-preference applicant was in the mili-
utive Order No. 9243 of September 12, tary naval service. The other
1942 (see page 12); and War Man- changes set forth in the note on "His-
power Commission Directive No. X of torical development of the regulations”
September 14, 1942 (see page 13). were effective October 23, 1943.
*Effective date of the regulations.- Historical development of the regu-
Departmental circular No. 493, of July lations.—Persons interested in the his-
3, 1944, promulgated a complete revistorical development of the war-service
sion of the war-service regulations. regulations up to October 31, 1943, may
This revision, as such, was effective consult the October 31, 1943, edition of
June 27, 1944, except that section 2 (a) this pamphlet. Amendments after July
of Regulation IX was effective as of 3, 1944, when the regulations were re-
March 29, 1944, and section 11 of Reg.vised in their entirety, will be shown in
ulation IX was a clarification of policy footnotes to the individual regulations.
that had been effective since February The changes made between October 31,
27, 1942 (departmental circular No. 493, 1943, and July 3, 1944, are shown below.
July 3, 1944).
References to sections and regulations
Many provisions of the revised regu- are to the sections and regulations as
lations, however, were identical with they stood at the time of the change,
provisions which had appeared in the and not as later renumbered or revised.
regulations prior to the revision. The Section 2 of Regulation I
effective dates of those provisions amended by departmental circular No.
were formerly shown in footnotes to 453 of November 20), 1943 (8 F. R.
individual sections and in this note, 15807), to read as follows:
and may be ascertained by the study of “Competitive examinations for orig-
such notes in the October 31, 1943, edi- inal appointment will be held at sucha
tion of this book. It would only be times and places and in such manner
confusing to continue to carry notes on as the needs of the service require.
changes made prior to the issuance of From applicants granted ten-point pref-
departmental circular No. 493, as that erence the Commission will accept at
circular made many changes in the any time applications for examinations
framework of the regulations. Certain for which there are existing lists or
cbanges in the regulations which were for which lists are about to be estaba-
made between October 31, 1943, and lished. From applicants granted five-
July 3, 1944, are set forth in the note point preference, the Commission will
on "Historical development of the reg- | accept at any time within six months
ulations," below. The amendment to after their discharge from the armed
section 2 of Regulation I merely incor- services their applications for examina-
42
Was
(July 3, 1944)
GENERAL NOTES ON WAR SERVICE REGULATIONS
42.01
was
*
tions for which there are existing lists “Then a classified employee is to be
or for which lists are about to be estab- transferred to a position in the Postal
lished. Examinations reopened for Service, the transfer shall be made
preference applicants will be scheduled under Civil Service Rule X and the em-
as the needs of the service require but ployee will have a regular classified
in any case not less frequently than Civil Service status."
once each month."
According to a statement in the Fed-
Section 3
3 of Regulation V was eral Register for May 2, 1944 (9 F. R.
amended by Commission's minute 1 of 4565), section 10 of Regulation IX was
May 1, 1944 (9 F. R. 4563), through the revoked by the provisions of Executive
addition of the following sentence: Order No. 9378 of September 23, 1943.
“In the case of substitutes in the Section 1 of Regulation XI
Postal Service the trial period will be amended by Commission's minute 1 of
2,448 hours of active duty."
May 1, 1944 (9 F. R. 4565). The amend-
Section 5 of Regulation V V was
was ment struck out paragraph (a); re-
amended by Commission's minute 1 of numbered paragraphs (6) and (c) as
May 1, 1944 (9 F. R. 4563), through the paragraphs (a) and (b), respectively;
addition of the following paragraph : added a new paragraph (c), and added
"This section shall not apply to postal a clause to the final paragraph of the
employees who become eligible for a section. The concluding part of the
classified civil service status in accord-section, as amended, read as follows:
ance with the provisions of Civil Service *(C) Even though appointments in
Rule II, section 7."
the field service of the Post Ollice De-
Regulation VIII was amended by partment (except postmasters) are now
Commission's minute 1 of May 1, 1944 | made under the War Service Regula-
(9 F. R. 4563), through the substitution tions, persons who entered on duty in
of the following paragraphs for the a post office prior to November 23, 1943.
last paragraph of the regulation as it through certification for probational
read at that time:
appointment but who were found in-
"Persons l'eappointed under this regu- eligible for probational appointment be
lation will be required to serve a trial cause of physical condition, may be
period of one year in accordance with given a probational status as of the date
section 3 of Regulation V. In the case of entrance on duty if they subsequently
of substitutes in the Postal Service the become eligible through correcting their
trial period will be 2,448 hours of active physical condition.
duty.
"Civil Service Rule II, section 6, is
“When a former classified employee suspended as to appointments made
is to be reinstated to a position in the under section 5 of Regulation V, but sec-
Postal Service, reinstatement will be tion 6 of Rule II is to be applied to those
made under Civil Service Rule IX and classes of postal employees referred to
the employee will have a regular classi- in Civil Service Rule II, section 7."
fied Civil Service status.
Exceptions from the war-service reg-
“Temporary appointment in the ulations.-Certain exceptions from the
Postal Service may be authorized, when war-service regulations generally are
necessary, under section 1 of Civil Serv- set forth in section 1 of war-service
ice Rule VIII, pending reinstatement or regulation XI (page 39). There are
reappointment."
also a few cases, even as to positions
Section 8 of Regulation IX was which are subject to the war-service
amended by Commission's minute 1 of regulations in general, in which appoint-
May 1, 1944 (9 F. R. 4565), through the ments or other actions may be taken
addition of the following sentence to the under the civil-service ruies listed in
first paragraph of that section:
regulation XI as superseded; see, for
*
(July 3, 1944)
42.02 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
*
example, the notes on page 265 concern- the first eight regulations. For notes
ing reinstatements under civil-service on the scope of regulation IX see page
rule IX. Such exceptions are set forth 148. The scope of regulation X is coex-
in the notes to the particular rule appli- tensive with that of regulation IX.
cable.
Rights acquired by employees sub-
With the exceptions just mentioned, ject to title I of the act of November 26,
the war-service regulations are binding 1940 (see pages 328 to 343), or any
with respect to all positions affected statute or Executive order providing
thereby which are subject to the provi- for the acquisition of a classified (com-
sions of the Civil Service Act and rules.
petitive) civil-service status, are
(For exceptions to the Civil Service Act
and rules, see pages 292 to 327, and notes cepted from the war-service regulations
on pages 227 to 230.)*
so far as original appointments and re-
The applicability of regulations IX instatements are concerned.
and X is not coextensive with that of
*
ex-
(July 3, 1944)
اک
6 3 3
A 22 CIVIL SERVICE ACT AND RULES TRANSMITTAL SHEET No. 2
July 5, 1944
The sheets attached hereto should be torn apart along
the perforated lines and substituted as indicated on the
back of this page for pages
of the main loose-leaf copy.
The manner of inserting them is explained on page XX at
the front of the main book. When the insertion has been
completed, the date of filing should be noted on the "Fil-
ing Record" (immediately following this page), the "Filing
Record" should be inserted in front of Transmittal Sheet
No. 1, and this page should be inserted immediately behind
Transmittal Shoot No. 1.
When this filing is completed, pages 20 to 42.02, 481
to 490, and 497 to 518.01 will be up to date as of July 5,
1944,
Remarks
are
Additions have been made on pages 497, 499, 499.01,
502, 502.01 503, 503.01, 503.02, 504, 505, 505.01, 506,
507, 509, 515, 517, 518.
Material has been deleted as indicated on pages 500,
504, 513, 515.
Material has been changed on pages 497.01, 498, 500,
502, 503, 507, 513, 517.
As in the first installment, some of the cross-refer-
ences are to material which has not yet been included in
the Act and Rules, but will be included on the pages indi-
cated when
those pages
revised. In the following
cases, material is being shifted to other parts of the Act
and Rules: Note on "Date on which leave may be recredited"
(page 498); material marked by stars on page 500. The rea-
son for omission of material on page 504 will be apparent
upon study of the note on "Circumstances under which sub-
stitution may be made", page 504, and "Granting of advance
annual leave to employee who is to be retired",
The material omitted pages 513 and 515 may have been
affected by section 2.4 of the new Leave Regulations.
It is believed that the nature of all other changes
will be obvious upon comparison of the old with the new
pages.
pago 502.
on
818077°--44--1
TRANSMITTAL SHTET NO. 2 (JULY 5; 1944)
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Edition date
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499
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500
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501
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502
502 July 5, 1944
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503
503
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506
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509
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510 October 31, 1943
513
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514
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515
515 July 5, 1944
516
516 October 31, 1943
517
517
July 5, 1944
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518
518
518.01
Note.--Pages of the October 31, 1943, edition bear no
edition date in the lower outside corner.
II
DEPOSITED BY THE
UNITED STATES OF AMERICA
AUG 2408
FILING RECORD
(To be placed at front of looseleaf Act and Rules)
Transmittal Sheet
No. Date
Date
Filed
Transmittal Sheet
Date
No.
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Filed
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Date
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Filed
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No. Date
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IV
LEAVE OF ABSENCE
497
The employee should be credited under | may be further accumulated in any
his reappointment with the annual and one calendar year (22 Comp. Gen. 704,
sick leave accrued and unused under his January 26, 1943; 22 Comp. Gen. 810,
service prior to retirement (21 Comp. February 16, 1943; 22 Comp. Gen. 932,
Gen. 694, January 20, 1942).
March 30, 1943).
Recrediting of leave after part-time Recrediting of leave taken in viola-
or intermittent employment.--Annualtion of dual-compensation statutes.See
leave to an employee's credit in a per- note on page 506.
manent or indefinite position within the Recrediting of leave of employee who
purview of the Annual Leave Act at the was retained on leave without pay after
time he was transferred or appointed abolition of his position.-See notes on
without break in service to a part-time page 514.
or intermittent position, may be recred- *Recrediting of leave after return
ited to him when he is subsequently from war transfer.-Section 5 of war-
transferred or reappointed to a position service regulation IX (see page 35)
within the purview of the act, provided provides certain reemployment rights
that the subsequent transfer or reap- which may be granted in connection
pointment is also without break in serv- with war transfer. Under the terms
ice (22 Comp. Gen. 1138, June 28, 1943). 1 of the regulation, these rights may be
Recrediting of leave made retroac- exercised only when the employee
tively available by statutory increase of "*
is subsequently involuntarily
the maximum leave accumulation.—The furloughed or terminated without cause
act of December 17, 1942, amending such as would reflect on his suitability
the annual leave act of March 14, 1936, for reemployment in the Federal sery-
by increasing from 60 days to 90 days ice
*" and meets certain other
the amount of unused annual leave specified requirements. Thus the cir-
that an employee may accumulate "dur- cumstances which would permit the ex-
ing the national emergency declared by ercise of these rights would frequently
the President of the United States on involve separation from the service for
September 8, 1939", may be regarded one or more workdays.
as retroactively effective to September Under the leave regulations in effect
8, 1939. An employee who has not been prior to January 1, 1944, a separation
separated from the service may, there from the service for even one workday
fore, be recredited with accumulated was a "break in service” which would,
annual leave in excess of 60 days which in general, preclude transfer of leave.
he otherwise would have lost on the Even under the revised regulations ef-
first day of January 1940, 1941, 1942, fective January 1, 1944, a separation
and 1943, subject to the following lim- from service for 30 or more calendar
itations imposed by the act of December days is such a "break in service."
17, 1942, and Executive Order No. 9307 However, the "break in service” pro-
of March 3, 1943 :
visions are not applicable to prevent
transfer of leave from the agency to
(1) The amount of unused annual
which transferred to the original
leave forfeited by an employee at the
end of the calendar year 1939 which agency in cases where the employee ap-
plied for restoration within the 40-day
may now be recredited is limited to the period prescribed by the war-service
annual leave that accrued after Sep regulations, after having met the terms
tember 8, 1939;
and conditions of the war-service regu-
(2) In years succeeding 1939, when lations both as to original acquisition
the unused leave accumulated equals and as to exercise of reemployment
or exceeds 60 days in the aggregate, rights (based on decision, Comptroller
not more than 15 days of unused leave | General, May 10, 1944).*
(July 5, 1944)
497.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
Recrediting of leave after service in meeting all of the terms and conditions
non-Federal organization.-Section 4.9 of said regulations regarding reemploy-
(b) of the leave regulations, which ment in the agency from which trans-
provides for the recrediting of accumu- ferred (based on 23 Comp. Gen. 305,
lated and accrued leave of employees October 23, 1943).
who are reappointed to positions within
Recrediting of leave on return from
the purview of the leave acts of March military or naval duty.-After electing
14, 1936, after having been employed in to be paid, pursuant to the act of August
positions in the Federal service not
within the purview of the acts, is not 1, 1941, as amended, for his accrued an-
nual leave concurrently with military
applicable where the intervening em-
ployment was in a non-Federal organi- service, an employee may not refund the
zation, such as the American National amount paid in order to have the leave
Red Cross. If, however, the employee remain to his credit (22 Comp. Gen.
was transferred under `authority de- 229, September 15, 1942).
rived from the provisions of War Man-
*An employee's right to have annual
power Commission Directive No. X (see and sick leave recredited to him upon
page 18) and Executive Orders Nos. his return from active service in the
9063 and 9243 (see pages 11 and 12) | armed forces is conditioned upon his
from his Federal position to the non-compliance with the requirements of
Federal organization “as an essential section 8 of the Selective Training and
activity carried on by a private enter- / Service Act of 1940 or similar provi-
prise" within the meaning of that sions in other legislation. For the pro-
directive, he is entitled, as a part of visions of these acts, and notes there-
the reemployment benefits prescribed on, see pages 136 to 145.
by the war-service règulations in con- An employee who does not meet the
nection with such transfers, to have requirements of these mandatory rein-
his unused annual leave recredited upon statement provisions, but is neverthe-
(July 5, 1944)
LEAVE OF ABSENCE
498
less reemployed, may not have restored | leave may be recredited to him in the
to him the annual or sick leave which position in which reemployed ;
stood to his credit when he entered (b) If the delay resulted from the fact
upon active duty with the armed forces. that his discharge was conditioned upon
This is true whether the agency sepa- employment in an essential war indus-
rated him upon his entry into the try, including agriculture, the leave may
armed forces, or placed him upon fur- be recredited to him upon subsequent
lough or leave without pay (decision, restoration to his former position, pro-
Comptroller General, May 2, 1944). vided that such restoration occurs soon
On the other hand, when a former after terinination of his essential war
employee is restored to his civilian industry service;
position, or to a position of like sen- (c) If the employee, solely for per-
iority, status, and pay under the terms sonal reasons, refused to accept or de-
and conditions of the Selective Training layed in accepting his former position
and Service Act of 1940, he is restored or one of like seniority, status, and pay
to the same leave status as he had which was offered, the leave may not
when he left his civilian position to be recredited to him upon subsequent
enter the active military service. This reemployment (based on 22 Comp. Gen.
is true whether he was separated upon 969, April 14, 1943).*
entry into the armed forces, or was
GRANTING AND CHARGING OF LEAVE
placed upon furlough or leave without
pay. He should be restored with all the *Bate on which leave becomes avail..
sick leave credit which he had when able.-See note on “Date on which
he entered the armed forces and so leave may be credited", page 495.
much of his annual leave credit as had Reasons for which sick leave may bo
not been liquidated by payment; if a granted. The reasons for which sick
charge for overdrawu annual or sick leave may be granted are set forth in
leave stood against him when he en-section 3.3, of the Leave Regulations
tered the armed forces, and such charge (page 486). One of the reasons speci-
has not been liquidated by payment, le fied is "* when a member of the
should likewise be recharged with such immediate family of the employee is
overdrawn leave. He should not, how afflicted with a contagious disease and
ever, be considered as having accrued requires the care and attendance of the
any annual or sick leave during any employee
The words "cou-
period of leave without pay which fol- tagious disease" as used in this clause
lowed his entry into the armed forces; include only diseases ruled as subject to
and if he was in a leave without pay quarantine-that is, requiring segrega-
status when he entered upon active tion of the patient-by the health au-
duty with the armed forces, he should thorities having jurisdiction in the place
not be considered as having earned an- of employment (decision, Comptroller
nual or sick leave during such period General, May 4, 1944).*
of leave without pay (23 Comp. Gen. Basis on which leave is charged.--
96, August 12, 1943; decision, Comp- Under the War Overtime Pay Act of
troller General, May 10, 1944).
1943 (Public Law 49, 78th Cong., May
Where an employee meets the terms 7, 1943), the annual and sick leave of
and conditions of section 8 (b) of the per diem and per hour employees who
Selective Training and Service Act, but come within the purview of the Classi-
there is delay in his restoration to his fication Act and the act of June 26, 1936
civilian position, his right to recrediting (49 Stat. 1969; 5 U. S. C. 1940 ed. 673c),
of annual leave depends upon the reason must be charged on a six-day week basis
for the delay, as follows:
if their administrative workweek has
(a) If the delay was entirely adminis- been increased to six days (based on
trative, and not due to the employee, the 22 Comp. Gen. 615, January 7, 1943).
(July 5, 1944)
499 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
Granting of sick leave for periods dur- example, an employee who was absent
ing which an employee is required to be for 112 hours at the close of husiness
available for duty.-A period during one day and 12 hour at the beginning of
which an employee was required to be business on the following day should be
available for duty but was not called charged 2 hours on the first day and 1
upon to render service is not to be con-hour on the second (23 Comp. Gen. 677,
sidered as "a period of absence in a March 16, 1944).
nonpay status" within the meaning of Administrative authority to excuse
section 3.7 of the Annual and Sick Leave absence without charge to leave.--Sec-
Regulations, and sick leave may be tion 4.6 of the Annual Leave Regula-
granted where otherwise permissible un- tions, which provides that unavoidable
der the leave regulations for any days or necessary absences from duty not in
during such period on which he would excess of 30 minutes may be adminis-
have worked but for his illness (based tratively excused, was intended to re-
on 19 Comp. Gen. 895, April 25, 1940). late only to an absence "not in excess of
Employee subject to Federal and State 30 minutes", or to an absence caused
supervision during alternate periods. by "tardiness". It was not intended to
Where, under cooperative agreements relate to a fractional hour's absence
between the Department of Agriculture when the total absence exceeds one
and States, etc., employees are under hour, except in cases of tardiness, which
the supervision and control of the Fed- may be excused administratively re-
eral Government during six months of gardless of the time involved. There-
the year and under the supervision and fore, an employee who is granted one
control of the cooperating agency during hour's annual leave and returns after
the other six months, leave accrued
an absence of more than one hour, but
during service under Federal control less than two hours, should be charged
may be granted for taking only during two hours' annual leave (decision,
service under Federal control, and leave Comptroller General, May 4, 1944).
accrued during service under the co-
Absence without advance authoriza-
operating agency may not be taken dur- tion. Where an employee is absent
ing Federal service (17 Comp. Gen. 362, from duty without advance authoriza-
Ociober 26, 1937). Such an employee tion, the general rule is that, in the ab-
who resigns while serving with the co-
sence of a statute specifically providing
operating agency to accept non-govern- otherwise, the employee is considered in
mental work, or who is inducted into
a non-pay status for the entire period
the active military or naval forces, may during which he absents himself from
not be restored to his Federal position duty, and in such cases deduction of pay
solely for the purpose of granting accu-
is required for all days coming within
mulated annual leave earned by him that period, including Sundays and hol-
under his previous Federal employment | idays, irrespective of whether or not
(23 Comp. Gen. 277, October 16, 1943).
they occur immediately prior to the day
*Fractions of hours on consecutive
on which the employee reports for duty
days. Under the Annual and Sick (16 Comp. Gen. 807, March 3, 1937).
Leave Regulations, the minimum charge
If the employee has annual or sick
of 1 hour, and additional charges in leave to his credit, such leave may, in
niultiples of 1 hour, for annual and sick
proper cases and subject to applicable
leave should be made on each separate provisions of the leave regulations, be
calendar day. Annual and sick leave substituted for the period of leave with-
absences may not accumulate from day out pay. See sections 3.4 and 3.7 of the
to day for the purpose of charging units Leave Regulations (pages 486 and 487)
of hours, even though the absence con- and the notes on page 504. The effect of
stitutes “one continuous absence." For such substitution on payment for Inter-
(July 5, 1944)
LEAVE OF ABSENCE
499.01
vening Sundays and holidays is dis- but rather that an employee is entitled
cussed in the note on "Effect of substitu- to exactly the same amount of com-
tion upon pay for Sundays and holi-pensation for a period of authorized an-
days,” page 505.
nual or sick leave of absence with pay
Where an employee having no an- that would have been payable for the
nual or sick leave to his credit has ab- same period had he remained in a duty
sented himself from work for a single status and actually worked the number
workday without prior authorization of hours per day and number of days
and it is administratively determined that he regularly would have been re-
after his return to duty that conditions quired to work. Neither the Annual
rendered an advance application for and Sick Leave Acts of March 14, 1936,
leave without pay impracticable, justi- nor the annual and sick leave regula-
fying a conclusion that he was not "a. tions, authorize any increase in amount
W. 0. 1.", the employee's pay status may or rate of compensation payable for a
be regarded in the same way as though period of absence on annual or sick
leave without pay had been granted in leave over that payable for a like pe-
advance, and he may be allowed pay riod in an ordinary duty status (17
for a nonwork day occurring imme- Comp. Gen. 906, May 4, 1938).
diately prior to the actual return to duty Compensation is payable during leave
(decision, Comptroller General, June 17, of absence at the rate applicable to
1944).*
the position from which the employee
Leave on the 31st day of a month.- is excused from duty and not at the
"The act of June 30, 1906 (34 Stat. 763), rate payable for the period during
provides that for one day's unauthorized which the leave is earned (19 Comp.
absence on the 31st day of a month one Gen. 1015, June 22, 1940). Permanent
day's pay shall be forfeited. This pro- employees who are temporarily reas-
vision is not applicable in the case of signed or promoted to positions at
.an employee who was absent on an- higher salary rates and who are granted
nual leave through a portion of the 31st annual leave while serving under the
day of a month and on authorized leave temporary assignment to take effect
without pay during the remainder of prior to return or reassignment to their
that day (23 Comp. Gen. 244, September former positions, are entitled to com-
.30, 1943).
pensation for the leave so taken at the
Rate at which lcave should be paid.— higher rate of compensation of the tem-
The decisions holding that a leave- porarily assigned position for the entire
with-pay status is synonymous, for pay period of the leave; but if they are
purposes, with a work or duty status, returned to their former positions prior
do not mean that an employee is to be to the effective date of the granted an-
regarded, for pay purposes, as having nual leave, they are entitled to com-
actually worked on each day within a pensation for the leave so taken only
period of absence on leave with pay, at the rate applicable to the position
(July 5, 1944)
500 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
to which returned, even though no duty on that day (25 Op. Atty. Gen. 40, Au-
be performed under such reassignment gust 15, 1903; 21 Comp. Gen. 901, April
or return before the leave is taken (19 2, 1942; 22 Comp. Gen. 762, February
Comp. Gen. 1015, June 22, 1940). 5, 1943). *As to compensation for holi-
Overtime compensation under the days generally, and disciplinary action
War Overtime Pay Act of 1943 (Public in cases where an employee fails to
Law 49, 78th Cong., May 7, 1943), is work on a holiday although ordered to
payable during periods of annual leave, do so, see page 479. As to compensa-
including accumulated annual leave tion for holidays which occur within or
taken pending separation from the serv- immediately before or after a period of
ice (22 Comp. Gen. 810, February 16, leave without pay, see pages 499 and
1943).
505.*
An employee occupying a position Whether work is administratively
outside the continental United States to required on a holiday or not, annual
which a salary differential is attached leave may not be charged for absence
is entitled to continue to receive his on a holiday declared by law, Executive
regular rate of compensation, including order, or administrative order (except
the salary differential, while he is in as otherwise provided in the note on
an annual leave status in the conti- "Days on which establishments are
nental United States or elsewhere (22 closed for administrative reasons”, page
Comp. Gen. 79, July 29, 1942).
501), whether as a penalty for failure
Seasonal field employees of the Inter- to report for work when administra-
national Boundary Commission, United tively required to do 80 or for the
States, Alaska, and Canada, employed purpose of making a payment to em-
on a full-time basis, whose rate of wages ployees who are not otherwise entitled
is fixed to include part cash and part to holiday pay (21 Comp. Gen. 101,
the determined value of allowances fur- August 5, 1941; 21 Comp. Gen. 901,
nished in kind, may be paid their total April 2, 1942; *23 Comp. Gen. 677,
wages in cash covering periods of au- March 16, 1944.*
thorized leave of absence with pay.
* * *
Where the leave taking is delayed until Officers and members of the police
completion of the work, evidence should and fire departments of the District of
be obtained before final payment that Columbia are not, in the absence of
the discharged employees are alive on special legislation, entitled to time off
the last day for which wages are paid with pay on legal holidays in the Dis-
(16 Comp. Gen. 132, August 6, 1936).
trict of Columbia, or on days in lieu
Effect of dual compensation statutes
thereof, in addition to the 26 days' an-
on granting of leave.-See notes on
nual leave granted by the act of March
14, 1936, 49 Stat. 1161 (16 Comp. Gen.
Terminal leave.See notes on page
581, December 14, 1936).
512.
Holidays.--In the absence of specific
There is no statute or Executive or-
legislation to the contrary, an adminis- der precluding administrative action to
trative office may, within its discretion, close field offices either in the United
include a holiday within the official States, its possessions, or foreign coun-
,
employees and require them to work 'work may not be properly performed,
page 506.
(July 5, 1944)
LEAVE OF ABSENCE
501
and such days would be "nonwork days closed, may be charged with annual
established by administrative order" leave, in the discretion of the adminis-
and not chargeable as annual leave to trative office, for the period of such
the employees in th offices involved, absence, but compensation may not be
notwithstanding there is no administra- withheld for such days because the em-
tive discretion to excuse field employees ployees have no accrued leave to their
from duty without charging annual credit (15 Comp. Gen. 1048, June 3,
leave solely on the ground that the days | 1936).
of absence are holidays local to the Saturdays.-Because of the provisions
place of employment (17 Comp. Gen. of section 7 of the act of March 15,
298, October 4, 1937).
1898 (30 Stat. 316; 5 U. S. C. 1940 ed:
Nonwork days within regular tour of 29), a 5-day week cannot be established
duty.–Under the act of March 2, 1940 for employees in the departmental serv-
(see page 483), a Sunday, to be excluded ice, and in view of the suspension of
from days of leave, must occur outside the Saturday half-holiday law by the
the regular tour of duty of employees, War Overtime Pay Act of 1943 (Public
but a nonwork day established by Fed- Law 49, 78th Cong., May 7, 1943), such
eral statute or by Executive or admin employees must be charged a full day's
istrative order may be excluded from leave for absence all day on Saturday
leave whether it occurs within or with- (based on 22 Comp. Gen. 619, January
out the regular tour of duty of employees 7, 1943).
(19 Comp. Gen. 955, May 25, 1940).
It is within administrative discretion
Days on which establishments are to establish Saturday as a nonwork day
closed for administrative reasons.- for any particular service or class of
Under section 1 of the Annual Leave employments in the field service, if there
Act of March 14, 1936, 49 Stat. 1161, is no interference with the Govern-
it is within the authority of a department's interest. This may be done for
ment head to require any or all em- religious reasons, or as a
as a means of
ployees of a particular unit, or of the establishing a five-day week, or for
department, to take annual leave at other reasons. Where Saturday is thus
any time and for any period within the excluded from the regular tour of duty
limitations of the statute as the needs for per annum employees, it should be
of the service may require.
excluded in the charging of leave, and
Days which are a part of an em- such employees should be charged with
ployee's regular tour of duty and which only 5 days of annual leave for a week's
occur during a period when field estab- absence (17 Comp. Gen. 564, January
lishments are closed for administrative | 11, 1938; 20 Comp. Gen. 827, May 28,
reasons are not "nonwork" days for 1941; 21 Comp. Gen. 621, December 31,
which no charge shall be made against 1941: 22 Comp. Gen. 619, January 7,
leave, unless the head of the depart- 1943).
ment fails to exercise his statutory au- The determination whether an office
thority to require the employees to take is in the departmental or field service
leave for such days. However, com- depends upon whether the work per-
pensation may not be withheld for such formed is of a local or of a general
days even though the employees have supervisory and administrative nature,
no accrued leave to their credit (15 and not upon the place or city in which
Comp. Gen. 911, April 15, 1936 ; 19 Comp. the office involved is located. A force
Gen. 955, May 25, 1940).
engaged exclusively in departmental
Per annum employees released from work, that is, in general supervision
work, due to an act of God, on days and administrative direction and con-
which the establishment is not trol of the various field forces, even
on
502 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
even
though with headquarters outside of the service appointee's trial period, which
District of Columbia, is nevertheless as may be regarded as tantamount to a
much a departmental force as the de- "limited appointment” within the mean-
partmental force in the District of ing of section 3.9 of the Annual and Sick
Columbia (17 Comp. Gen. 564, January Leave Regulations, the sick leave ad-
11, 1938). For further clarification of vanced may not exceed the amount that
the term "departmental service”, see 21 would accumulate during such period
Comp. Gen. 541, December 8, 1941, and (based on 21 Comp. Gen. 989, May 5,
21 Comp. Gen. 649, January 8, 1942.
1942).
Granting of annual leave to compete
Probationary employees.-A proba-
in civil-service examinations.-See sec- tionary employee is not entitled to ad-
tion 1 of civil-service rule VI.
vanced sick leave in excess of the
Granting of leave pending separation, amount that would accumulate from
furlough, or leave without pay.-See
the date of the advance to the end of
notes on "Terminal leave”, page 512.
the probationary period (16 Comp. Gen.
Substitution of leave with pay for
105, August 1, 1936; 21 Comp. Gen.
leave without pay.-See notes on page 766, February 12, 1942).
504.
Indefinite employees.-Annual leave
ADVANCES OF ANNUAL AND SICK LEAVE may not be granted in advance of its
accrual to indefinite per diem "when
*Reasons for which sick leave may
actually employed” employees
be advanced.—Sick leave may not be
though they have completed one or
advanced for all of the reasons for
more months of continuous service with
which accrued sick leave may be
or without break in service. Sick leave
granted under section 3.3 of the An-
may be advanced to indefinite employees
nual and Sick Leave Regulations, but within the limitations and subject to
may be advanced only when the em-
the terms and conditions of the Leave
ployee has a serious disability or ail-
Regulations (18 Comp. Gen. 400, October
ment. The disability or ailment must
31, 1938).
be that of the employee himself; the
Advances of leave to employees who
act and regulations do not authorize have no retirement funds.-Subject to
the advancing of sick leave for his ab-
applicable provisions of the Annual and
sence while caring for a member of his Sick Leave Acts and Regulations, the
immediate family afflicted with a con- head of a department may grant un-
tagious disease (23 Comp. Gen. 789, accrued annual and sick leave to an
April 15, 1944).*
employee even though there are no re-
War-service appointees. — Employees tirement fund deposits or other funds
serving under indefinite appointments in the hands of the United States out
within the meaning of the Civil Service of which any overpayment might be
Commission's War Service Regulations
recouped (17 Comp. Gen. 276, Septem-
are properly for regarding as “perma-ber 23, 1937).
nent employees” for the purposes, and
*Granting of advance annual leave to:
within the meaning, of the Annual employee who is to be retired.-Where
Leave Regulations, and may be ad- it is known at the time of granting
vanced annual leave subject to the annual leave that an employee is to
terms and conditions of the regulations retire before the close of the calendar
(22 Comp. Gen. 841, February 26, 1943). year, he may not be credited or granted
Sick leave may be advanced to such em- leave in advance of the amount author-
ployees to the same extent and upon ized to be earned up to the date it is
the same basis as to permanent em- known that he is to retire. This is
ployees, except that during a war-I true nothwithstanding section 2.1 (a)
(July 5, 1944)
LEAVE OF ABSENCE
502.01
of the Annual Leave Regulations, which / 14, 1936, and section 3.8 of the Sick
provides that permanent employees may Leave Regulations, controlling the ad-
be credited with 26 days' annual leavevance of sick leave, fix no limitation
at the beginning of a calendar year in upon the time when an employee may
lieu of the monthly credit (decision, apply for an advance of sick leave, or
Comptroller General, May 2, 1944). As upon the time within which the ad-
to cases where leave is advanced with vance may be approved administra-
out knowledge that the employee is to tively. If an employee on leave without
retire, see notes on page 503.*
pay because of illness and before re-
Employees excluded from advances of turn to duty is qualified for an advance
sick leave by departmental regula- of sick leave, the advance may be
tions.—Where an employee is not of a granted over a period that has passed,
class to which, under administrative beginning with the first day of leave
regulations, sick leave was authorized without pay and extending for a con-
to be advanced, there is no authority tinuous period, that is, including a
to pay him for a period of absence in
excess of accrued leave with pay and period both before and after the ad-
“while sick and carried on the rolls in ministrative approval of the advance
a nonpay status” (18 Comp. Gen. 221, of sick leave (23 Comp. Gen. 731, March
September 2, 1938).
29, 1944).*
*Retroactive advances of leave.--Sec- Granting of sick leave prior to liqui-
tlon 3 of the Sick Leave Act of March 'dation of
advance.- Sick leave
an
.
(July 5, 1944)
503 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
granted to an employee prior to the regardless of the time when the excess
liquidation of an advance of sick leave or overdrawn leave was taken (18 Comp.
must be regarded as advanced, rather | Gen. 383, October 27, 1938; 20 Comp.
than current, leave, and is subject to Gen. 154, September 16, 1940; *23
the regulations and decisions relating Comp. Gen. 677, March 16, 1944).*
to such advances (based on 16 Comp. The provisions of section 4.7 of the
Gen. 561, December 7, 1936).
Annual and Sick Leave Regulations
Responsibility of disbursing and cer-waiving refund for overdrawn leave in
tifying officers for advances of annual certain cases upon separation from the
and sick leave.-A disbursing officer is service are applicable only to leave law
not liable for the indebtedness of an fully advanced (based on 18 Comp. Gen.
employee brought about by properly 853, May 13, 1939).
granted advances of sick or annual leave Compensation deductions are required
unliquidated prior to separation from in the case of an employee advanced
the service. Where such employee has current annual leave with pay who re-
insufficient unpaid compensation to his signs before earning such adranced an-
credit, he should be called upon to re- nual leave, regardless of length of service
fund the balance due, and failure to (based on 16 Comp. Gen. 105, August 1,
make refund should be reported to the 1936).
General Accounting Office for collection *An employee who,-although eligible
purposes. However, a certifying officer for retirement for disability, voluntar-
who certified a pay roll including a sal- ily resigns from the service on account
ary payment for advanced sick leave in of disability without making applica-
excess of that allowable under the An- tion for retirement must refund the
nual and Sick Leave Regulations is re- compensation received prior to separ-
sponsible for the resulting overpaymentation from the service for advanced an-
of salary if it remains uncollected when nual or sick leave (21 Comp. Gen. 27,
the employee dies without having re- July 15, 1941). As to such resigna-
turned to duty (16 Comp. Gen. 755, Feb- tions by employees who are not found
ruary 10, 1937; 17 Comp. Gen. 276, Sep- eligible for retirement, see section 4.7
tember 28, 1937; 21 Comp. Gen. 766, of the Leave Regulations, page 488.*
February 12, 1942).
The provisions of section 4.7 of the
*Refund for overdrawn annual leave Annual and Sick Leave Regulations re-
by employees who remain in the serv- garding the refunding or noncharging
ice.--If an employee is granted annual of employees with amounts paid as com-
leave which is not subsequently pensation for periods of leave advances
earned during that calendar year, an are for application only upon the final
adjustment is required at the end of separation of an employee from the serp.
the calendar year. There is no au-ice. At that time there is for consid-
thority to carry over the unaccrued an-eration whether all unearned annual
nual leave from one calendar year as a and sick leave should be charged to the
charge against annual leave accru- employee whether advanced in one or
ing in the next calendar year (decision, more periods. *The entry of an em-
Comptroller General, May 4, 1944).* ployee into the active military or naval
Tequirement of refund from em- service without break in service is not
ployees separated from the service. In to be regarded as a "separation" for
determining whether the conditions un- this purpose, whether the employee re-
der which employees are separated do signs from his civilian position or is car-
or do not require charging them forried on leave without pay or military
overdrawn annual or sick leave, the furlough from that position. In like
regulations in force at the date of manner, an employee who is transferred
separation from service must govern, Ito a public or private enterprise with
(July 5, 1944)
LEAVE OF ABSENCE
503.01
reemployment rights under section 4 that the employee will be reemployed in
of war-service regulation IX and is car- another agency in a permanent position
ried on leave without pay during service within less than 30 days (23 Comp. Gen.
with the public or private enterprise 677, March 16, 1944).
need not be regarded as separated from Amount of refund for overdrawn
his civilian position so as to require a leave upon separation from serviee.-
refund for overdrawn leave at the time While the regulations in force at the
of such transfer.
date of separation from the service are
The retirement of a permanent em-controlling in determining whether re-
ployee is, in general, to be regarded fund of overdrawn annual or sick leave
as a final separation for purposes of re is required or not, the amount to be re-
fund of advanced leave. (In this con- funded for the overdrawn leave if re-
nection, see note on "Granting of ad-fund is required must be compated
vance annual leave to employee who is under the leave regulations in effect
to be retired,” page 502). However,* a when the leave was taken (17 Comp.
retirement for age is not to be regarded Gen. 895, May 2, 1938; 18 Comp. Gen.
as a final separation for this purpose if 383, October 27, 1938; 20 Comp. Gen.
followed by reappointment the next day 154, September 16, 1940; 23 Comp. Gen.
under authority of the Civil Service 677, March 16, 1944).
Retirement Act, as amended; and if the In computing the indebtedness of an
employee is later separated from the employee for overdrawn or excess an-
service by voluntary resignation, the nual or sick leave taken over a period
amount of compensation received for prior to January 1, 1944, under the an-
any annual or sick leave used but un-nual and sick leave regulations effective
acerued during the entire period of during the period January 1, 1940,
service, whether before or after retire- through December 31, 1943, there is not
ment, must be collected (based on 18 required to be refunded compensation
Comp. Gen. 13, July 6, 1938; 21 Comp. for Sundays and holidays occurring
Gen. 694, January 20, 1942; *23 Comp. within the period of excess annual or
Gen. 677, March 16, 1944; decisions, sick leave. On the other hand, the
Comptroller General, May 2 and May 4, amount required to be refunded for
1944).*
overdrawn or excess annual or sick
*If an employee is indebted for over- leave for a period beginning on or after
drawn annual or sick leave at the time January 1, 1944, is the total amount of
of his resignation in one agency, and compensation actually paid for the en-
the agency believes, but does not know, tire period of the overdrawn or excess
that the employee will be reemployed in leave which was advanced, including
another department or agency without compensation for Sundays and holidays
a “break in service” (that is, within less occurring within the period of such
than 30 days), a collection for over- leave (23 Comp. Gen. 638, February 29,
drawn leave should be made from the 1944; 23 Comp. Gen. 677, March 16,
employee's last salary check in accord- 1944).
ance with the provisions of section 4.7 In determining the amount of the re-
of the Annual and Sick Leave Regula- fund for overdrawn annual or sick
tions, instead of withholding action leave, refund of a full day's compensa-
pending information as to the em- tion should not be required for absence
ployee's reappointment in another on a fraction of a day (based on 16
agency without break in service. Simi- Comp. Gen. 854, March 15, 1937).
lar action should be taken where a tem- Where Victory Tax or withholding
porary employee resigns while indebted tax was deducted from the compensation
for overdrawn annual or sick leave and paid the employee for the period of un-
the agency believes, but does not know, I liquidated overdrawn leave, he should
(July 5, 1944)
503.02 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
o
or
* be required to refund, in addition, onlying by set-off against any salary due
the portion of his salary other than the him (19 Comp. Gen. 705, February 5,
Victory withholding tax. The 1940).
amount represented by the Victory or (0) Employees who leave the serv-
withholding tax must be returned to ice. The primary method provided by
the departmental appropriation from the revised Leave Regulations for col-
the laternal-revenue collections, and lecting refunds for overdrawn leave
the matter should be referred to the from employees who leave the service
Claims Division of the General Account without making refund voluntarily is
ing Office for appropriate action. In through deduction from any salary due
such cases the former employee has no the employee. The revised regulations
right or title to any part of the amount appear to contemplate that the retire-
of the Victory or withholding tax with- ment fund shall not be generally used
held from his salary during overdrawn for this purpose as it was in the past.
leave (based on 22 Comp. Gen. 1046, As a result of amendments to the Retire-
May 18, 1943; 23 Comp. Gen. 16, July ment Act, no Government claim may be
10, 1943).
collected from the retirement account
Method of collecting refunds.-(a) of an employee separated from service
Employees who remain in the service.- after serving as much as five years until
Collections from employees for over- he dies or receives annuity payments,
drawn annual leave in any calendar unless he elects to withdraw the par-
year should be made as soon as possible tial refund to which he may be entitled.
during the next year by deduction from This would necessarily limit the use
the first and subsequent payments of of the retirement fund for making col-
compensation due the employee for lections for overdrawn leave even if
services rendered, but where it is de- there had been no change in the Leave
termined administratively
administratively that the Regulations.
financial condition of the employee
A claim for overdrawn leave may still
clearly justifies such action, the deduc- be filed against an employee's retire-
tions from compensation may be made ment account. However, any such
in installments not to extend beyond the claim otherwise proper for collection
current year-due regard to be given to must now fall into the same category
protecting the interest of the United as any other indebtedness to the Gov-
States in the event of possible death or ernment in that the employee may pro-
retirement of the employee during the test the set-off and have his claim re-
year—and no charge should be raised viewed by the General Accounting Of-
in such cases against the retirement
fice. (As to Government claims for $10
or less, see notes on page 290.) Civil
fund as long as the employee remains
Service Commission Form 3037 is used
in the service (19 Comp. Gen. 705, Feb-
by agencies in filing claims with the
ruary 5, 1940).
Commission for leave reimbursements
Where an employee dies before his in-
from retirement accounts. The Com-
debtedness for overdrawn annual leave mission will be guided by reports from
in the prior calendar year has been the departments or establishments con-
liquidated in full, the balance of the in- cerned giving the detailed information
debtedness is automatically canceled, required for examination and determi-
but if the employee resigns before such nation of the indebtedness (Commis-
an indebtedness has been liquidated, the sion's retirement circular No. 111, June
balance would be properly for liquidat- 12, 1944).*
(July 5, 1944)
LEAVE OF ABSENCE
504
or
ance
Form 3037 should be executed in effective the leave with pay standing to
duplicate. One copy should be fur- the employee's credit on the date of sus-
n'ished to the General Accounting Of- pension other erroneous action
fice, Claims Division, at the time the charging leave without pay, for a cor-
claim against the retirement fund (with responding period of leave without pay
the second copy of Form 3037) is sub- (19 Comp. Gen. 716, February 9, 1940;
mitted to the Commission. The re- | 19 Comp. Gen. 959, May 28, 1940; 23
ports should show the dates on which Comp. Gen. 677, March 16, 1944).
the leave was granted, the exact periods Leave may be substituted only where
of all absences, the amount of leave an appropriation is available and the
earned to date of separation, the rate payment will not be in contravention of
of compensation and the complete title the Dual Compensation Act of 1916 by
of the appropriation under which paid reason of payment to the employee of
for the unearned leave. In addition, it another salary from appropriated funds
should show the amount due appropria- during the same period (19 Comp. Gen.
tion, amount of tax deductions, and bal- 716, February 9, 1940; 19 Comp. Gen.
for recovery
from retirement 959, May 28, 1940).*
fund. For use by the General Account-
Substitution of leave with pay for
ing Office, the report should show leave without pay after separation.-AD
whether the tax deduction has been employee may be paid after separation
taken up as Internal Revenue Collec- from the service of one department by
tions or is being held in a special de- appointment in another for a period
posit account. If held in a special de- during which he was administratively
posit account, the account should be furloughed without pay equal to the pe-
fully identified (based on 16 Comp. Gen. riod of annual leave accrued and unused
487, November 13, 1936; 16 Comp. Gen. prior to such separation (16 Comp. Gen.
649, January 14, 1937; retirement cir- 818, March 6, 1937).
cular No. 83, supplement 1, September
There is no authority to substitute,
15, 1943).
after an employee has retired for age
As to disposal of collections for Vic- and left the service, unearned annual
tory and withholding tax in cases of
leave to which the employee was not
entitled, as a matter of right, under the
overdrawn leave, see note on "Amount
of refund for overdrawn leave,” page for a period of leave without pay prior
act of March 14, 1936, 49 Stat. 1161,
503.01.*
to retirement** (18 Comp. Gen. 162,
SUBSTITUTION OF LEAVE WITH PAY FOR August 15, 1938).
LEAVE WITHOUT PAY
* * *
Substitution of leave earned in a prior
*Circumstances under which substi- temporary appointment.-As a series of
tution may be made.-An employee who
temporary appointments or extensions
applies for and is administratively thereof without break in service are
granted leave without pay at a time considered as one temporary appoint-
when he knows he has annual leave to ment, unused leave accrued prior to the
his credit should not be permitted after extension or new appointment without
return to duty to convert the leave break in service may be substituted
without pay to annual leave.
for a period of leave without pay after
When leave without pay is adminis- the date of the extension or new appoint-
tratively granted during a period of ment (18 Comp. Gen. 596, January 7,
suspension from duty which later is de 1939; 20 Comp. Gen. 332, December 21,
termined to have been unjustified and 1940; 20 Comp. Gen. 661, April 22, 1941).
the employee is restored to duty, or Additional accumulated leave made
when leave without pay otherwise is retroactively available by statute.--Ex-
charged as a result of a mistake of fact cess annual leave which was forfeited
or law, the action may be corrected to at the end of a calendar year, but has
the extent of substituting retroactively I been retroactively made available for
i
(July 5, 1944)
505 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
recrediting by the act of December 17, fied suspension, leave with pay accrued
1942, may now be substituted for a prior and subsequent to the period of
corresponding period of furlough or suspension, and leave accrued during
leave of absence without pay granted the period of suspension, if less than
in a succeeding calendar year, provided 15 days, as well as leave with pay
that the employee has not left the authorized to be advanced within the
Federal service (other than for entry limitations of the law and regulations,
into the armed forces) in the mean- may, within the discretion of the ad-
time. Only so much of the leave so ministrative office and upon election by
forfeited as was earned after Septem- the employee, be substituted for the
ber 8, 1939, may be thus substituted. period of unjustified suspension with-
The substitution should be made be-out pay, and the employee paid ac-
ginning with the first day of the ab-cordingly (based on 18 Comp. Gen. 136,
sance without pay. The amount paid August 6, 1938; 17 Comp. Gen. 199,
should be charged to the appropria- August 30, 1937).
tion available for payment of the em- Where an employee was suspended
ployee's compensation at the time of the from duty pending establishment of his
furlough or leave without pay 22 citizenship status, without which status
Comp. Gen. 932, March 30, 1943). he could not have been employed and
Leave without pay granted for period paid from the appropriation otherwise
o private employment.-The annual available for his salary in view of a
leave to an employee's credit at time specific statutory prohibition, and is
he applied for and was granted leave later restored to duty after a court
without pay during a period of em-decision rendered in another case re-
ployment with a Government contractor moves the doubt as to his American
may be substituted, retroactively ef- citizenship, the annual leave to his
fective, for a corresponding period of credit on the date of suspension may
the leave without pay, provided the be substituted for an equivalent part
salary in the private employment would of the period of suspension (19 Comp.
not constitute a contribution toward Gen. 424, October 6, 1939).
Federal salary in contravention of the As to the effect on charges to an-
act of March 3, 1917 (16 Comp. Gen. nual leave of special statutory author-
776, February 19, 1937; 20 Comp. Gen. ity to suspend employees and compen-
488, February 27, 1941; 22 Comp. Gen. sate them for the period of suspension
178, September 3, 1942). As to recredit- after investigation and restoration to
ing of leave without pay after return active duty, see notes on page 202.
from private employment, see notes on *Leave without pay at beginning of
page 497.01.
calendar year.- Where a permanent em-
Unjustified suspension.-The statu- ployee was in leave-without-pay
tory right to annual leave of absence status at the close of a calendar year,
with pay may not be denied because and did not return to duty until the
an employee has been suspended with second workday of the succeeding cal-
out pay where it is administratively de-endar year, it is within administrative
termined that the suspension was un- discretion to grant him annual leave
justified. If the employee is separated retroactively to cover his absence on the
from the service at or subsequent to first workday of the new year (23 Comp.
the period of unjustified suspension for Gen. 638, February 29, 1944).
a reason other than the cause of the sus- Effect of substitution upon pay for
pension, annual leave may be substi- Sundays and holidays.--It is a general
tuted for the period of suspension with rule, although subject to further re-
out pay and the employee paid accord- striction by administrative regulation,
ingly. If the employee is retained in that an employee who has been absent
the service after the period of unjusti- l on leave without pay for a definite pe
a
(July 5, 1944)
LEAVE OF ABSENCE
505.01
riod which has been applied for in writ-, iday which occurred immediately be-
ing and approved by the proper admin- tween two periods of leave without pay,
istrative authority, and who reports for even though the administrative author-
duty at the beginning of the duty day ity possessed a discretion, which he did
next following the expiration of such not exercise, to permit substitution of
definite period, is entitled to compensa- annual leave for one of the two leave-
tion for the Sundays and holidays oc-without-pay periods (9 Comp. Gen. 350,
curring between the expiration of the February 10, 1930; 13 Comp. Gen. 206,
leave granted and the day of actual re- January 24, 1934; 13 Comp. Gen. 207,
porting for duty. This rule is applicá- January 24, 1934; 23 Comp. Gen. 638,
ble to permit payment of compensation
February 29, 1944).
for such intervening Sunday or holiday
See also note on "Absence without ad-
in a case where the employee was absent
on annual leave on the first workday fol-
vance authorization," page 499.*
lowing the expiration of the leave-with-
Rate of compensation for substituted
out-pay period, even though such annual leave.-Where accrued unused annual
leave was granted retroactively rather leave is substituted for an equal pe-
than in advance. No payment may be riod of layoff or furlough without pay,
made, bowever, for a Sunday or holiday payment of compensation during such
included within the definite period of period must be at the last rate paid
leave without pay which was applied for active service prior to the furlough
for in writing and approved, even
or leave without pay, on the basis that
though such Sunday or holiday Oc- the period of leave is a continuation
curred at the beginning or at the end of such employment (16 Comp. Gen.
of such period. In like manner, no pay- 865, March 17, 1937; 22 Comp. Gen.
ment may be made for a Sunday or hol- 1 932, March 30, 1943).
(July 5, 1944)
506 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
TRANSFER OF LEAVE
the leave regulations, and if the posi-
Transfer to position not subject to the tions from which, and to which, trans-
leave regulations. An employee may ferred otherwise meet the provisions of
said section, his accumulated unused
not transfer leave credits earned in a
position subject to the Annual and sick leave may be transferred to his
Sick Leave Regulations upon trans-
credit in the new position (based on 19
fer to a position excepted from those Comp. Gen. 510, November 18, 1939).
regulations, whether or not subject to
Intervening period of service as a
other leave laws and regulations (19) temporary employee.-See section 4.10
Comp. Gen. 366, September 15, 1939). of the Leave Regulations.
Such leave credits may, however, be
Recrediting and transfer of leave
restored to him, subject to the condi- taken in violation of dual-compensation
tions and limitations of the leave regu-
statutes.-In cases involving payment
lations, upon his return to a position of two salaries in two positions in con-
subject to the leave regulations. Thus, travention of the dual-compensation act
leave credits may be restored after an
of May 10, 1916, as amended, the em-
intervening period of part-time or in- ployee has a right of election to refund
termittent employment, provided that the salary of either position or employ-
the original position was a permanent ment, and only in the event the em-
position within the meaning of the An- ployee fails to make an election will
nual and Sick Leave Regulations and it be presumed that he would elect to
that there was no break in service retain the salary of the position which
When
(based on 22 Comp. Gen. 1138, June 28, would give him the greater sum.
1943).
annual leave in the older position could
Transfer to non-Federal position. have been transferred to the new posi-
See notes on page 497.01.
tion, the election of the employee is
particularly desirable
Transfer to a temporary position.-
because the
See section 4.10 of the Leave Regula- | transferred leave may be of more value
tions. As to meaning of term “tempo-
to him than his retaining the greater
rary employee," see note on page 493.
salary during the period of dual em-
Transfer of leave from a temporary refund, and does refund, the salary re-
ployment. If the employee elects to
position.-See section 4.11 of the Leave
ceived for the period of annual leave
Regulations.
granted and taken in his former posi-
Intervening period of separation from
service.-As to recrediting of leave after tion, such leave can be restored to him
and transferred to his new position if
return from a Federal or non-Federal
there was no break in service or other
position to which the employee was
transferred with reemployment rights, the employee elects to retain the sum
factor prohibiting such transfer. If
see notes on page 497. As to transfer received during the period of his an-
of the leave of employees who were nual leave in his former position, the
retained on leave without pay, under
section 4.8 (b) of the Annual and Sick to his new position (22 Comp. Gen. 654,
leave cannot thereafter be transferred
Leave Regulations, after the abolition
January 15, 1943).
of their positions, see notes on page 514.
*This note does not apply to cases
Intervening period of leave without
pay.-Where an employee was granted involving violation of the dual-com-
his accrued annual leave and, there- pensation act of July 31, 1894, as
after, leave without pay ending on the amended; as to such cases, see notes on
date immediately prior to the effective page 430.*
date of his transfer to another perma-
Transfer of additional accumulated
nent position in another Government leave made retroactively available by
agency, there was no "break in service" statute.-Where an employee has been
within the meaning of section 4.9 of ] transferred from one department or
A
(July 5, 1944)
LEAVE OF ABSENCE
507
agency to another under conditions per-| employed within thirty days from the
mitting transfer of leave credits, the date of separation from other agencies
previously forfeited annual leave which or departments *(departmental circular
might have been recredited under the No. 475, March 22, 1944; Standard
act of December 17, 1942, if the em-Form 63). For information as to this
ployee had remained in his previous form, see notes on page 155.*
position, may be transferred to the em-
ANNUAL LEAVE CONCURRENT WITH
ployee's credit in his new position (22
Comp. Gen. 932, March 30, 1943).
MILITARY SERVICE
*Effect of change in regulations after Scope and purpose of the act permit-
transfer.Leave may be transferred ting payment for annual leave concur-
only if transfer of leave was permissible rently with military service. In the
under the regulations applying to the absence of special legislation, a civilian
agency to which transferred as of the employee who voluntarily enlists in the
date of the employee's transfer. A Regular Army may not be granted
change in the leave regulations effective leave without pay for the period of his
on some date after the employee's trans- military service, or recredited after re-
fer has no retroactive effect to permit turn to civilian employment with any
transfer of the leave, even though the accrued annual leave to his credit at
employee has continued service under the time of his enlistment, since civil
the new appointment beyond the effec- employment is incompatible with his
tive date of the change in the regula- obligation as a soldier, and his enlist-
tions (16 Comp. Gen. 264, September 17, ment must be considered to have va-
1936 ; 18 Comp. Gen. 1014, June 30, 1939). cated his civilian position (20 Comp.
As will be seen from the preceding Gen. 257, November 13, 1940; 21 Comp.
note, these decisions had reference to Gen. 851, March 11, 1942).
cases where leave may not be trans- A civilian employee who is a member
ferred at all, rather than to the amount of a reserve component of the Army,
of leave which may be transferred.* of the National Guard, or of the Naval
Transfer of funds to cover leave Reserve need not be required to resign
credit.-The transfer from one branch his civilian position upon being ordered
of the service to another of a sum with or without his consent to active
sufficient to cover the accrued leave of duty, may be placed on administrative
a civilian employee who is permanently furlough or leave without pay, and may
transferred is unauthorized (16 Comp. be recredited, upon his return to active
Gen. 1122, June 28, 1937).
civilian service, with accrued unused
In adjusting the cost between Federal annual or sick leave to his credit at
agencies for services rendered by the the time he was ordered to military or
personnel of one agency for another naval service (20 Comp. Gen. 257, No-
agency, pursuant to the procedure au-vember 13, 1940; 20 Comp. Gen. 158,
thorized by section 601 of the act of September 18, 1940; 18 Comp. Gen.
June 30, 1932, 47 Stat. 417, the value 699, March 7, 1939; 20 Comp. Gen. 163,
of credit for leave with pay as it ac- September 18, 1940).
crues is for inclusion as an item of In the absence of special legislation,
cost (17 Comp. Gen. 571, January 14, civilian employees of the Government
1938).
may be placed on annual leave of ab-
Obtaining information as to leave rec- sence with pay, and paid therefor, con-
ords of employees who transfer.-Stand-, currently with active duty as an Army
ard Form 63 is to be used in obtaining Reserve officer, member of the Officers'
transcripts of the leave records of em- Reserve Corps of the Army, or member
ployees who transfer from one agency of the National Guard called into the
to another, and may be used for ob- active military service of the United
taining similar information in connec- States, only where the combined rate
tion with transfers within an agency. of military pay and civilian compensa-
It may also be used to secure datation is within the $2,000 limitation of
when employees are reinstated or re-l the dual-compensation act of 1916, 39
(July 5, 1944)
508 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
Stat. 582 (18 Comp. Gen. 94, July 28, | ing the period of his military service
1938; 20 Comp. Gen. 158, September (20 Comp. Gen. 167, September 20, 1940;
18, 1940; 20 Comp. Gen. 163, September 20 Comp. Gen. 847, June 3, 1941; 21
18, 1940). This limitation does not comp. Gen. 403, November 3, 1941; 20
apply to members of the National Comp. Gen. 158, September 18, 1940).
Guard when not called into the active He may, at his election, be paid for
military service of the United States, unused accrued annual leave to his
or to members of the Naval Reserve credit when he entered the military
whether on active or training duty (19 service or have such leave remain to
Comp. Gen. 880, April 18, 1940; 20 his credit until his return to active
Comp. Gen. 158, September 18, 1940; civilian service, and he has this right
20 Comp. Gen. 167, September 20, 1940; whether he has been separated without
16 Comp. Gen. 953, April 23, 1937; 20 break in service, furloughed, or placed
Comp. Gen. 282, November 26, 1940; on leave without pay (20 Comp. Gen.
20 Comp. Gen. 226, October 30, 1940). 167, September 20, 1940; 22 Comp. Gen.
In determining whether the combined 47, July 20, 1942). The right to pay-
rate of civilian compensation and mili- ment for the annual leave is not af-
tary pay is within the $2,000 limitation, fected by the $2,000 limitation stated
only the military pay proper, and not above. He is not entitled to immedi-
allowances such as clothing, subsistence, ate payment for his unused accumu-
etc., should be counted (20 Comp. Gen. lated and accrued sick leave, although
764, May 13, 1941). The annual leave such leave may be restored to him if he
must be applied for and administra- returns to active civilian service under
tively granted under the terms and con- one of the mandatory reemployment
ditions of the annual leave law and provisions set forth on page 136 (21
the uniform annual leave regulations, Comp. Gen. 210, September 13, 1941).
since the employee may prefer to have More detailed notes on this special
his accrued leave remain to his credit legislation appear below.
until he returns to his civilian position Women's Reserve organizations. The
(20 Comp. Gen. 764, May 13, 1941). act of July 1, 1943 (Public Law 110,
Special legislation within the mean- 78th Cong.), establishing a Women's
ings of the rulings set forth above (the Army Corps in the Army of the United
act of August 27, 1940, 54 Stat. 859, as States, provides that "all laws and reg.
amended by the act of September 16, ulations now or hereafter applicable to
1940, 54 Stat. 891; the act of September enlisted men or former enlisted men of
16, 1940, 54 Stat. 890; the act of Au- the Army of the United States and
gust 18, 1941, 55 Stat. 627; and the act their dependents and beneficiaries shall,
of August 1, 1941, 55 Stat. 616, as in like cases and except where other-
amended by the act of April 7, 1942, wise expressly provided, be applicable :
56 Stat. 200, is in effect during the respectively to enlisted personnel and
present war. An employee who, sub- former enlisted personnel of such corps
sequent to May 1, 1940, enters upon and their dependents and beneficiaries."
active military or naval service in the The act of July 30, 1942 (56 Stat.
land or naval forces of the United | 730; 34 U. S. C. 1940 ed., supp. II, 857
States by voluntary enlistment or other- et seq.), which amends the Naval Re-
wise, or who has reemployment rights serve Act of 1938, as amended, to pro-
under the act of August 27, 1940, cited vide for the establishment of a Wo-
above, need not be separated from his men's Reserve, contains a provision
civilian position, but may, in the dis-that the Women's Reserve shall be a
cretion of the administrative office, be branch of the Naval Reserve and shall
separated from the service or carried be administered under the same provi-
on furlough or leave without pay dur-sions in all respects (except as may be
LEAVE OF ABSENCE
509
necessary to adapt said provisions to the Annual and Sick Leave Acts of
the Women's Reserve, or as specifically March 14, 1936, annual and sick leave
provided in the amendatory act) as to the credit of employees who enter
those contained in the Naval Reserve the Corps from another branch of the
Act or those which might thereafter be Federal service without break in serv-
enacted with respect to the Volunteer ice may be transferred to their credit
Reserve. The Judge Advocate General with the Corps (22 Comp. Gen. 256, Sep-
of the Navy held in an opinion of Oc-tember 19, 1942).
tober 26, 1942, that the Naval Reserve *Public Health Service. A civilian
Act of 1938, as amended, contains suf-employee occupying a permanent posi-
ficient authority for the establishment |tion who accepts a commission in the
of a Women's Reserve of the United Public Health Service on or after No-
States Marine Corps.
vember 11, 1943, without break in sery-
The act of November 23, 1942 (56 ice is entitled to the benefits of the act
Stat. 1020; 14 U. S. C. 1940 ed., supp. II, of August 1, 1941, as amended (23
381 et seq.), which amends the Coast Comp. Gen. 465, December 28, 1943).*
Guard Auxiliary and Reserve Act Civilian oficers.--The term "em-
1941 (55 Stat. 9; 14 U. S. C. 1940 ed., ployees of the United States Govern-
ch. 9), as amended, to provide for the ment" as used in the act of August
establishment of a Women's Reserve, 1, 1941, as amended, authorizing pay-
contains a provision that the Women's ment for accumulated or current ac-
Reserve shall be a branch of the Coast crued leave concurrently with active
Guard Reserve and shall be adminis- military duty, includes officers, as well
tered in the same manner as provided as employees, who are entitled to
for the Coast Guard Reserve in all re- annual leave with pay, and such officers
spects, except as may be necessary to may be paid for such leave even though
adapt said provisions to the Women's their successors in office are appointed
Reserve, or as specifically provided in and enter upon duty prior to expiration
the amendatory act.
of the leave period (22 Comp. Gen. 54,
Air Corps Ferrying Command.-The July 24, 1942).
Air Corps Ferrying Command is re- Postmasters who have entered upon
garded as a civilian, rather than a active duty with the armed forces and
military, organization (22 Comp. Gen. whose offices have been filled by acting
944, April 6, 1943).
postmasters under authority of the act
Army Specialist Corps.-An employee of December 6, 1940 (54 Stat. 1221;
who enters the Army Specialist 39 U. S. C. 1940 ed. 39a), during
Corps, established pursuant to Ex- their absence on such duty, may re-
ecutive Order No. 9078 of February ceive compensation for their accumu-
26, 1942, from another branch of the lated and current accrued leave un-
Federal service does not enter "upon der the authority of the act of August 1,
active military
naval service” 1941, as amended (21 Comp. Gen. 237,
within the meaning of the act of Au- September 19, 1941, and 21 Comp. Gen.
gust 1, 1941, as amended, and in the 422, November 4, 1941).
absence of other statutory authority Employees in offices of United States
therefor, payment for annual leave Property and Disbursing officers.--AC-
earned by a member of the Corps in counting and custodial employees serv-
another civilian position is precluded ing in the office of the United States
by the dual-compensation statutes. Property and Disbursing Officer for a
The employee may, however, be granted State who are employed by the State
leave without pay from his original po-military authorities, although a part of
sition for the purpose of service in the their compensation is paid from Fed-
Corps without forfeiture of accrued an- eral funds, are not "employees of the
nual and sick leave, and, since members United States Government" within the
of the Corps are within the purview of meaning of the act of August 1, 1941.
or
(July 5, 1944)
510 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
а
and they may not be paid under said receiving pay for active military or
act, concurrently with active military naval duty, as authorized by the act
or naval service, for annual leave ac- of August 1, 1941, that the records
crued in their civilian positions (21 be amended to show a return of the
Comp. Gen. 305, October 8, 1941). persons from furlough for the leave
Cooperative employees of the Depart- period and a refurlough for active
ment of Agriculture.-As cooperative duty. However, the payments should
employees employed under the super- be supported by a certified copy of the
vision and control of the Department order to active duty, or, in lieu thereof,
of Agriculture during six months of a statement indicating that the em-
the year and under the supervision ployee was ordered to such duty and
and control of a State or other co- | the date so ordered (21 Comp. Gen.
operating agency during the other six | 210, September 13, 1941).
months are regarded as Federal em- Salary rate at which leave should be
ployees only during the period they are paid.-An employee who enters upon ac-
serving under Federal supervision, a tive service in the land or naval forces
cooperative employee who enters the of the United States is entitled to be
active military or naval forces directly paid for his accumulated and current
from service with cooperating accrued leave under the provisions of
agency is not entitled, under the act the act of August 1, 1941, as amended,
of August 1, 1941, as amended, to pay- only in the position actually held im-
ment, concurrently with military serv-mediately prior to his entry into the
ice, for accrued annual leave earned active military or naval service (21
during his previous Federal service Comp. Gen. 744, February 2, 1942). If
(23 Comp. Gen. 277, October 16, 1943). he was reduced in grade and salary
Procedure to be followed.The annual simultaneously with his release from
leave of absence for which payment active civilian service to enter the
is authorized by the act of August | armed forces, he may be paid compen-
1, 1941, as amended, must be ap- sation for his accumulated and current
plied for, administratively granted, accrued civilian leave only at the re-
and computed the same as in any other duced rate applicable to the position
case of annual leave, except that it need actually held at the time he entered the
not be applied for or granted in ad-military service (21 Comp. Gen. 310, OC-
vance (21 Comp. Gen. 258, September 25, tober 8, 1941). An employce who
1941). Where an employee makes ap- was temporarily appointed or promoted,
plication for accumulated and current prior to being ordered into active mill-
accrued civilian leave prior to relief tary or naval service, to fill a vacancy
from active military or naval duty but created by another employee's entry into
decision thereon is not reached until such service, is entitled, if otherwise
after restoration to his civilian position, qualified, to be paid for accumulated and
he may be paid for the leave applied for, current accrued civilian leave pursuant
but a similarly situated employee who to the act of August 1, 1941, as amended,
made no application for compensation at the rate of compensation of the posi-
for his civilian leave until after restora- tion temporarily held on the last day of
tion to his civilian position may not be civilian service immediately prior to
paid therefor except for that thereafter entry on active military or naval duty
taken (21 Comp. Gen. 660, January 13, (21 Comp. Gen. 742, February 2, 1942).
1942).
The leave period for which pay-
It is not necessary, in connection with ment is authorized by the act of August
payments to employees for accumulated i, 1941, as amended, must be counted as
or current accrued leave while they are beginning with the day following the
Page Missing
in Original
Volume
Page Missing
in Original
Volume
LEAVE OF ABSENCE
513
of January 13, 1944, effective January of his unused annual leave, has no ap-
1, 1944, provides that "an employee who plication to authorize the granting of
is to be separated from the service terminal leave of absence with pay
shall be entitled to the unused annual where an employee is removed from the
leave standing to his credit, and the service for violating the provisions of
date of bis separation shall be so a statute (such as section 103 of the
fixed as to permit him to take such Independent Offices Appropriation Act,
leave, and in no case, whether the 1944) which are self-executing and con-
separation be voluntary or involuntary, stitute an absolute prohibition against
shall the separation become effective on the use of salary appropriations for
a date prior to the date of termina- payment of his salary. On the other
tion of such leave
*This pro- hand, where the provisions of the stat-
vision was so phrased for the specific ute are not self-executing but require
purpose of overcoming theretofore 'es-, affirmative administrative action re-
tablished rule to the effect that pay moving the employee from the service
ment may not be made after separa- before the separation actually becomes
tion from service for leave not taken, effective (as in the case of section 9 (b)
notwithstanding the failure to receive of the Hatch Political Activities Act of
such leave resulted from misunder-August 2, 1939, as amended), the effec-
standing, mistake, or negligence in the tive date of the employee's separation
administration of the leave law (23 should be so fixed as to permit him to
Comp. Gen. 638, February 29, 1944). take, or be paid for, terminal annual
An employee who is separated through leave (23 Comp. Gen. 677, March 16,
administrative error or negligence be- 1944). The Attorney General has held,
fore receiving the full amount of an- bowever, in an opinion of October 12,
qual leave to his credit may be restored 1940, that the allowance of leave for the
to the pay roll merely for the purpose sole purpose of deferring a removal
of granting the balance of any annual | under section 9 (b) of the Hatch Act,
leave due but not taken at the time of which removal would otherwise be con-
separation (23 Comp. Gen. 677, March
summated without such deferment,
16, 1944).
would not accord with the requirement
An employee who is separated from of the statute that the removal be
the service and paid for his accrued an-
effected "immediately."*
nual leave is to be regarded during the
An employee who designates in his
period of terminal leave as having re-
resignation an effective date, performs
mained in the service of the agency in
no service after such date, and appar-
which he last served ; retirement deduc-
ently relinquishes his position may not
tions are required to be made from such
be paid for any accrued leave not there-
payment; and no payment may be made
if in contravention of the dual-com- tofore taken even though his resigna-
pensation statutes (23 Comp. Gen. 638, tion was not formally accepted until
February 29, 1944). As to accrual of several days thereafter (20 Comp. Gen.
leave during terminal leave, see page 321, December 17, 1940).**
495.
The act of August 1, 1941, 55 Stat.
The provision of section 2.4 of the An- 616, as amended, constitutes a statutory
nual Leave Regulations that an em- exception to the former rule prohibiting
ployee's separation, whether voluntary the payment of employees after separa-
or involuntary, shall not become effec- tion from service for accrued leave not
tive on a date prior to the terinination I taken before separation, and where an
(July 5, 1944)
514 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
employee left his position after May 1, |authorizing the bridging over of a pe
1940, to enter the armed forces without riod not to exceed 12 months between
break in service, the effective date of the date of separation of an employee
his resignation may be changed retro- from an agency on account of its liqui-
actively so as to include the period of dation and reappointment in another
accumulated or current accrued annual Government agency for the purpose of
leave for which he is entitled to pay- transferring annual and sick leave
ment concurrently with military or credits pursuant to section 4.9 of the
naval service under that act (22 Comp. Annual and Sick Leave Regulations
Gen. 47, July 20, 1942; 22 Comp. Gen. (based on 23 Comp. Gen. 208, September
54, July 24, 1942).
23, 1943).
Except for employees who have en- Effect of special statutory authority
tered the active military or naval serv- for payment for unused leave after abo-
ice and are entitled to accumulated an- lition of position.-In making payments
nual leave under the act of August 1, for the accumulated and accrued an-
1941, 55 Stat. 616, as amended, there nual leave of employees of the Na-
is no authority, after an employee has tional Youth Administration separated
been separated from the service, to from the service on or prior to Janu-
restore him to the roll solely for the ary 1, 1944, on account of the liquida-
purpose of granting him additional an- tion of that agency--which payments
nual leave to which he would have been are specifically provided for by the
entitled under the act of December 17, Labor-Federal Security Appropriation
1942 (see note on page 481), had he Act, 1944 (Public Law 135, 78th Cong.,
remained in the service (22 Comp. Gen. July 12, 1943), and the Second Defi-
810, February 16, 1943).
ciency Appropriation Act, 1943 (Public
Loss of leave because of termination of Law 140, 78th Cong., July 12, 1943),
availability of funds.-Where statutory incident to the directed liquidation of
authority for incurring expenditure in the National Youth Administration not
connection with certain work, and the later than January 1, 1944such em-
availability of the appropriation there- ployees may be paid for their leave in
for, terminate on a date fixed by law, a lump-sum amount, but payment on
the personnel engaged on such work such basis may not include credit for
are automatically separated from the leave on leave or for Sundays and
service on that date and may not, in holidays (23 Comp. Gen. 85, Au-
the absence of special statutory author- gust 6, 1943). As such payment is in
ity, take earned annual leave with pay addition to the employee's regular or
thereafter. An appropriation is not basic compensation, it may not be re-
obligated for the payment of annual garded as subject to retirement deduc-
leave until the leave is actually taken tions. It does not constitute "salary"
(17 Comp. Gen. 641, February 14, 1938; within the meaning of the dual compen-
23 Oomp. Gen. 208, September 23, 1943; sation statutes of 1916. Notwithstand-
Butler v. U. S., decided in the Court of ing the fact that the act authorizes
Claims on May 1, 1944).
such payment to employees separated
Although the granting of leave with-from the service on or prior to January
out pay after the date a position is abol-1, 1944, such employees--except those
ished by law is unauthorized, the provi- who, because of their period of active
sions of section 4.8 (b) of the Annual | duty, cannot liquidate any or all of
and Sick Leave Regulations respecting their annual leave by that date may be
the granting of leave without pay or granted terminal annual leave in the
furlough to employees with unused leave usual manner over periods up to and
whose services are terminated under including that date (23 Comp. Gen. 208,
certain conditions, may be regarded as | September 23, 1943).
LEAVE OF ABSENCE
515
* * *
the active military or naval forces, may
Separation following suspension.- not be restored to Federal positions
Where an employee was suspended solely for the purpose of granting ac-
from duty and pay pending investiga-cumulated annual leave earned by them
tion of charges and it is decided to ac- | under their previous Federal employ-
cept his resignation without prejudice, ment (23 Comp. Gen. 277, October 16,
his separation is voluntary and his 1943).
resignation may be accepted effective Employee retired for age.--*See notes
at the expiration of his accrued an- on page 503.01.*
nual leave (17 Comp. Gen. 806, April *Acceptance of employment with in-
2, 1938).
ternational agency.-The receipt of com-
Employee to be separated because of pensation for terminal annual leave
incapacity due to pregnancy.-An em- from a Federal agency concurrently
ployee who is to be separated or fur- with receipt of compensation as an em-
loughed without pay from the service ployee of an international agency (such
primarily because of incapacity for as the United Nations Relief and Re-
duty by reason of pregnancy and con- habilitation Administration) would not
finement is entitled to be granted all contravene the dual-compensation stat-
of her accrued annual and sick leave ute of 1916 (see page 426) if the funds
prior to the separation or furlough, pro- provided for the participation of the
vided, as required by the regulations, United States in such agency are to be
application is made for such leave and intermingled with grants made by other
the sick leave application is accom- nations and thus lose their status as
panied by the certificate of a practicing Federal funds (23 Comp. Gen. 744,
physician (22 Comp. Gen. 533, December | April 1, 1944).*
14, 1942).
Resignation to accept employment
Cooperative employees of the Depart- with State Government.-A Federal em-
ment of Agriculture.-Cooperative employee whose resignation from a Fed-
ployees employed under the supervision eral position was tendered on the same
and control of the Department of Ag-day that he accepted employment under
riculture for half of the year (during a State government may be paid for
which period they are regarded as Fed- accrued annual leave for a period be-
eral employees) and under the super- yond the acceptance of such employ-
vision and control of a State or other ment where his resignation was ac-
cooperating agency for the remainder cepted as tendered effective at the ter-
of the year (during which period they mination of the period of earned leave
are not regarded as Federal employees) (16 Comp. Gen. 776, February 19, 1937).
who resign while serving with the co- As to recrediting of leave upon reem-
operating agency to accept non-govern- ployment in a Federal position, see
mental work, or who are inducted into notes on page 497.01.
4
(July 5, 1944)
516 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
an
Acceptance of private employment | 30, 1906 (34 Stat. 763), which requires
A Federal employee may be paid the the forfeiture of one day's pay for unau-
compensation of his position during a thorized absence on the 31st day of the
period of annual leave when he is em- month, is not applicable to employees
ployed by a private employer (includ- who are separated from the service on
ing the American National Red Cross), the 30th day of a 31-day month (5
even though such employer is engaged Comp. Gen. 904, May 11, 1926).
on work under a contract with the Gov- Where an employee paid on an annual
ernment, provided the salary in the basis for every day of the year, in-
private employment does not constitute cluding Sundays and holidays, is grant-
a contribution toward Federal salary ed accumulated annual leave ending at
in contravention of the act of March 3, the close of business on a Saturday,
1917 (see page 439). The dual-compen- or the day preceding a holiday, and
sation statutes do not apply to such furlough without pay for the purpose
cases. Where, due to an administrative of entering the Women's Army Corps
error resulting from a misunderstand is administratively approved in ad-
ing of the requirements of the dual-vance to begin on the next following
compensation statutes, employee duty day, the employee is entitled to
with annual leave to his credit applied compensation for the Sunday or holi-
for and was granted leave without pay day intervening between the expira-
during a period of employment with a tion of annual leave and the beginning
Government contractor, the annual of the period of furlough without pay
leave may be substituted, retroactively (22 Comp. Gen. 581, January 1, 1943).
effective, for a corresponding period of Special termination leave.-Special
the leave without pay. Where he re- termination leave granted to employees
signed to accept such employment, he in excess of unused accumulated and
may be paid for accrued annual leave accrued leave to which employees are
for a period beyond the acceptance of entitled under the annual leave act of
such employment if his resignation was March 14, 1936, or Presidential regula-
accepted as tendered effective at the tions issued thereunder, will be regard-
termination of the period of earned ed as "unaccrued leave advanced” and
leave (16 Comp. Gen. 776, February 19, charged to future accruals of leave
1937; 20 Comp. Gen. 488, February 27, earned while employed in another Fed-
1941; 22 Comp. Gen. 178, September eral agency (16 Comp. Gen. 611, Decem-
3, 1942; 23 Comp. Gen. 305, October 23, ber 22, 1936).
1943).
Substitution of leave with pay for
Additional accumulated leave made periods of nonpay status. See notes,
available retroactively by statute.--In page 504.
the case of employees now in the serv- Payment of overtime on terminal an-
ice, the effective date of a proposed nual leave.--Persons who are being paid
termination or the beginning of leave for accumulated annual leave pending
of absence without pay should be termination are entitled to overtime
changed in order to grant the employees compensation under the War Overtime
the additional accumulated annual Pay Act of 1943 on such period of leave
leave to which they are entitled by the if they would have been entitled to such
act of March 14, 1936, 49 Stat. 1161, as overtime had they remained in the serv-
amended by the act of December 17, ice (22 Comp. Gen. 810, February 16,
1942, 56 Stat. 1052 (22 Comp. Gen. 810, 1943).
February 16, 1943).
Granting of leave other than annual
Computation of amount of terminal leave.- Where, due to lack of appropria-
leave.--The provision of the act of June. tions or work, the date of furlough
LEAVE OF ABSENCE
517
without pay, or separation from serv- However, a substitution of sick leave
ice, of an employee has once been fixed for annual leave under the conditions
administratively so as to permit the stated in section 3.6 of the regulations
employee to take his accrued unused should not be approved unless and until
annual leave, there is no requirement of there is a return to duty and the em-
law that the pay status of the employee has filed the required medical
ployee 'be extended for the purpose of certificate (23 Comp. Gen. 638, Febru-
granting any other form of leave of
ary 29, 1944).*
absence with pay, whether for sickness,
*Granting of leave without pay-
or military duty, or for the purpose of
performing witness or jury duty for the The provision of section 4.8 (a) of the
Government, whether the application Annual and Sick Leave Regulations that
for such extension is received in the leave without pay may be granted to
administrative office prior or subse- an employee for a period not exceeding
quent to the termination date properly 12 months regardless of whether he has
fixed administratively (19 Comp. Gen. leave standing to his credit was not in-
716, February 9, 1940; 22 Comp. Gen. tended to limit administrative action
533, December 14, 1942; 17 Comp. Gen. | in the granting of leave of absence with-
174, August 19, 1937). Section 4.2 (b) out pay to a period of 12 months in all
of the Annual and Sick Leave Regula- cases, but is merely a limitation on the
tions promulgated by Executive Order amount of leave without pay that may
9414 of January 13, 1944, effective Jan- be granted while an employee has an-
uary 1, 1944, specifically provides that nual leave to his credit.
the final date of separation shall not be
Where an employee has been car-
extended by the granting of sick or court | ried on the rolls in a leave-without-pay
leave.
status because of extended illness for
*There is no prohibition in the An-
a period of one year or more and has
nual and Sick Leave Regulations
no unused annual leave to his credit, it
against the granting of annual and sick
leave as a continuous period of absence
is within administrative discretion to
without a return to duty, either at the grant the employee additional periods
termination of service or otherwise, and, of leave without pay (23 Comp. Gen.
therefore, an employee who was absent
789, April 15, 1944).
In connection with reemployment pro-
from duty on sick leave, and at the ex-
piration of all accrued sick and annual cedure, however, periods of leave with-
leave tendered his resignation, is not out pay in excess of one year are treated
as separations for certain purposes.
required, under section 3.6 of the said
regulations, to return to duty before See, for example, section 18 of the joint
the sick leave may be granted (23 regulations applying to the District of
Columbia Government (page 395).
Comp. Gen. 638, February 29, 1944).
Thus, in cases where the reason for
The granting of leave without pay for
the separation or furlough is prima- a period extending beyond the liquida-
rily the incapacity of the employee by tion of an agency is discussed on page
reason of pregnancy and confinement, 514; leave without pay during active
rather than lack of work or appropria- military service, on page 508; reports to
tion, the employee is entitled to all the Commission of furloughs and leaves
her accrued annual and sick leave prior without pay, on page 206; issuance of
to her separation or furlough without statements of availability on furlough
pay from the service, even though she or involuntary leave without pay, on
understands that her services are no page 193.*
longer to be required by the agency (22 Refunds for advanced leave.-See
Comp. Gen. 533, December 14, 1942). note on page 503.
(July 5, 1944)
517.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
REPLACEMENT OF EMPLOYEES ON LEAVE | 180, Revised Statutes, as amended, upon
As a general rule, only one person
the temporary filling of vacancies in
may be paid the salary of the same
offices appointment to which is not
office for the same period. This is true vested in the head of the department
even during periods covered by ter does not begin to run until the expira-
minal leave, when the employee has tion of the leave period (19 Comp. Gen.
ceased to perform active duty.
501, November 16, 1939; 20 Comp. Gen.
Where an officer or employee tenders 9, July 5, 1940).
his resignation to take effect upon the
Where an employee resigns to take
termination of the accrued annual leave effect at termination of his annual
to his credit and the resignation is ac-
leave granted under the act of March
cepted as presented, the office or posi- 14, 1936 (see page 481), and his resig-
tion does not become vacant until the nation is accepted on that basis, the
leave has expired and the employee is attempted appointment of another per-
finally separated pursuant to the terms son to the same position, prior to termi-
of his accepted resignation. If the an-
nation of the leave, particularly without
nual leave period extends into a recess notice to the employee who has resigned,
of the Senate, a recess appointment does not automatically separate the
made at any time between the leave first incumbent from the position and
expiration date and the next convening he, and not his successor, is the one
of the Senate is not affected by the entitled to the salary thereof through
provisions of section 1761, Revised Stat- date of termination of the leave (20
utes, against payment of salary, prior Comp. Gen. 9, July 5, 1940). If the
to confirmation by the Senate, of a employee's position is not a statutory
person appointed during the recess of office, but has been administratively
the Senate to a vacancy which existed created under a lump-sum appropria-
while the Senate was in session. The tion, an additional identical position
limitation to 30 days imposed by section may be administratively created and
(July 5, 1944)
LEAVE OF ABSENCE
518
filled, and the appointee to the latter by conduct inconsistent with an inten-
paid compensation for service in the tion to retain the position, or otherwise.
separate additional identical position an appropriation provision specifying
simultaneously with the payment to the the number of a particular class of em-
former employee of compensation for ployees to be employed thereunder does
accumulated and current accrued leave, not, however, require the separation
in the absence of some specific provi- from the civilian service of such em-
sion of law precluding such action. ployees, other than those holding tem-
However, where there is a statutory porary positions, who enter the mili-
limitation upon the number of positions tary service subsequent to May 1, 1940,
in which employment is authorized as a prerequisite to employing others
without regard to the civil-service to take their places; they may be car-
laws, and a person holding one of these ried on the pay roll in a furlough or
positions resigns effective at the termi- leave-without-pay status, so long as the
nation of his accrued leave, the addi- number of employees carried on the
tional identical position may not be rolls in a pay status at any one time
filled without regard to the civil-service does not exceed the maximum specified
laws prior to his actual separation if in the appropriation (20 Comp. Gen.
the effect of doing so would be to in- 935, June 30, 1941; 22 Comp. Gen. 54,
crease the number of persons employed July 24, 1942; 22 Comp. Gen. 149, Au-
in such positions without regard to the gust 18, 1942).
civil-service laws beyond that author- *When an employee returns from
ized by the statute (20 Comp. Gen. 9, service in the armed forces and claims
July 5, 1940; 20 Comp. Gen. 158, Sep-his former position, the rights of the
tember 18, 1940).
employee who left a position in the
Cases where an employee is receiving agency to take that of the person in the
accumulated and current accrued leave military service are for administrative
concurrent with active military or determination, subject to the reemploy-
naval duty, pursuant to the act of Au- ment rights of the veteran and to re
gust 1, 1941, 55 Stat. 616 (see page 483), duction of force procedures. The Com-
as amended by the act of April 7, 1942, mission suggests the advisability of us-
56 Stat. 200, are, in general, subject to ing section 3 (a) of war-service regula-
the rulings set forth above, except that tion IX (see pages 34 and 153) when
a new appointment to a statutory office transferring the permanent employees
may be made to replace an officer who to positions vacated by persons entering
is still receiving leave under that act. the armed forces. This will grant the
In other respects, appointment to the transferred employee reemployment
exact position—as distinguished from benefits in his permanent position under
an additional identical position admin- such circumstances (letter of Commis-
istratively created-held by an officersion to Director of Employment Man-
or employee upon his entry upon active agement, Federal Works Agency, Jan-
military or naval service in the land or uary 20, 1944). *With respect to the
naval forces of the United States subse- salary rate payable, after reduction to
quent to May 1, 1940, is unauthorized his original position, to an employee who
unless and until such officer or em-
was temporarily promoted or trans-
ployee has vacated or been separated ferred in order to replace an employee
from his position, either by proper entering the military service, see note
administrative action, by resignation, I on page 88.
(July 5, 1944)
518.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
MILITARY LEAVE
1
MEMBERS OF NATIONAL GUARD
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 (39 Stat. 203, June 3, 1916; 32
U. S. C. 1940 ed. 75).
(July 5, 1944)
J K
633
CIVIL SERVICE" ACT AND RULES TRANSMITTAL SHEET
Az
NO. 3
July 12, 1944
These sheets should be torn or out apart along
the perforations. They should then be substituted
as shown on the back of this page for pages of the
1008e-leaf edition of the "Civil Service Act and
Rules."
The steps in making the insertions are ex-
plained on page XX of the introductory chapter, "How
to Use This Book". The date of this transmittal
sheet and the date of filing should then be noted
on the "Filing Record" at the front of the book, and
this page should be filed immediately behind Trans-
mittal Sheet No. 2.
When this filing is completed, pages 4 to 42.02
and pages 480 to 525 will be up to date as of July
12, 1944, except that a minor change is still to be
made in the note on "Details to or within Commis-
sion's force", page 18.
Remarks
Additions have been made on pages 10 to 10.06,
13, 14, 15, 491, 491.01, 492, 495, 495.01, 522, 523,
524, and 524.01.
Deletions have been made as indicated on pages
16 and 495.03.
Changes have been made on pages 12, 495.01,
495.02, 495.03, 495.04, and 496.
The subject formerly covered by the deleted
material on page 16 is
covered by the new ma-
terial on
page 13,
the requirement that transfer
must be without the employee's consent being elimi-
nated The deleted material on page 495.03 is now
included in the note on "Fractional months of serv-
ice" on the same page.
The change on page 496 is
merely a clarification. It is believed that the
nature of all other changes will be obvious upon
comparison of the old with the new pages.
now
699449°444-
TRANSMITTAL SHEET NO. 3 (JULY 12, 1944)
Remove
Insert
Page
Edition date
Page
Edition date
October 31, 1943
9
10
October 31, 1943
July 12, 1944
October 31, 1943
July 12, 1944
11
11
12
13
14
15
16
491
11
9
10
10.01
10,02
10.03
10.04
10.05
10.06
11
12
13
14
15
16
491
491.01
492
495
495.01
495.02
495.03
495.04
496
522
522
523
524
524.01
492
495
496
521
522
523
524
October 31, 1943
July 12, 1944
11
Note.--Pages of the October 31, 1943, edition bear no
edition date in the lower outside corner.
II
DEPOSITED BY THE
UNITED STATES OF AMERICA
AUG 24
AUTHORITY FOR RULES AND REGULATIONS
9
any other clerks, agents, or persons employed under his Department
in any said district not now classified; and every such arrangement
and classification upon being made shall be reported to the President.
Second. Within said sixty days it shall be the duty of the Post-
master General, in general conformity to said one hundred and
sixty-third section, to separately arrange in classes the several clerks
and persons employed, or in the public service, at each post office,
or under any postmaster of the United States, where the whole
number of said clerks and persons shall together amount to as
many as fifty. And thereafter, from time to time, on the direction
of the President, it shall be the duty of the Postmaster General
to arrange in like classes the clerks and persons so employed in
the Postal Service in connection with any other post office; and
every such arrangement and classification upon being made shall be
reported to the President.
Third. That from time to time said Secretary, the Postmaster
General, and each of the heads of departments mentioned in the
one hundred and fifty-eighth section of the Revised Statutes, and
each head of an office, shall, on the direction of the President, and for
facilitating the execution of this act, respectively revise any then
existing classification or arrangement of those in their respective
departments and offices, and shall, for the purposes of the examination
herein provided for, include in one or more of such classes, so far as
practicable, subordinate places, clerks, and officers in the public
service pertaining to their respective departments not before classified
for examination.
Sec. 7. That after the expiration of six months from the passage
of this act no officer or clerk shall be appointed, and no person
shall be employed to enter or be promoted in either of the said classes
now existing, or that may be arranged hereunder pursuant to said
rules, until he has passed an examination, or is shown to be specially
exempted from such examination in conformity herewith. But noth-
ing herein contained shall be construed to take from those honor-
ably discharged from the military or naval service any preference
conferred by the seventeen hundred and fifty-fourth section of the
Revised Statutes,23 nor to take from the President any authority
not inconsistent with this act conferred by the seventeen hundred
and fifty-third section of said statutes ; 24 nor shall any officer not
in the executive branch of the Government, or any person merely
employed as a laborer or workman, be required to be classified here-
under; nor, unless by direction of the Senate, shall any person who
23 See also p. 76.
34 For the text of section 1753 of the Revised Statutes, see p. 4.
10
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
has been nominated for confirmation by the Senate be required to
be classified or to pass an examination.25
Seo. 8. That no person habitually using intoxicating beverages to
excess shall be appointed to, or retained in, any office, appointment,
or employment to which the provisions of this act are applicable.
Sec. 9. That whenever there are already two or more members of
a family in the public service in the grades covered by this act, no
other member of such family shall be eligible to appointment to any
of said grades.26
Sec. 10. That no recommendation of any person who shall apply
for office or place under the provisions of this act which may be
given by any Senator or Member of the House of Representatives,
except as to the character or residence of the applicant, shall be
received or considered by any person concerned in making any ex-
amination or appointment under this act.27
Sec. 11.
Sec. 12.
Sec. 13.
Sec. 14.
Sec. 15.
X
* 28
**
* 28
* 28
* 28
* 28
VETERANS' PREFERENCE ACT OF 1944
[Public Law 359, 78th Cong., June 27, 1944)
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this act may
be cited as the "Veterans' Preference Act of 1944."
Sec. 2. In certification for appointment, in appointment, in rein-
statement, in reemployment, and in retention in civilian positions in
all establishments, agencies, bureaus, administrations, projects, and
departments of the Government, permanent or temporary, and in
either (a) the classified civil service; (b) the unclassified civil serv-
ice; (c) any temporary or emergency establishment, agency, bureau,
administration, project, and department created by acts of Congress
or Presidential Executive order; and (d) the civil service of the
District of Columbia, preference shall be given to (1) those ex-service
inen and women who have served on active duty in any branch of the
3 For notes on these and other exceptions, see pp. 223 to 230.
28 For notes on this section, see p. 99.
27 See also notes on recommendations on p. 44.
28 Sections 11 to 15 of the Civil Service Act, relating to political contributions, were
revoked by section 341 of the act of March 4, 1909 (35 Stat. 1153). The latter statute,
bowever, enacted provisions (sections 118 to 122 of the Criminal Code; 18 U. S. C. 1940
ed. 208–212) which correspond to those which were revoked. For these and other pro-
visions relating to political contributions, see p. 421.
(July 12, 1944)
AUTHORITY FOR RULES AND REGULATIONS
10.01
1
armed forces of the United States and have been separated there-
from under honorable conditions and who have established the pres-
ent existence of a service-connected disability or who are receiving
compensation, disability retirement benefits, or pension by reason of
public laws administered by the Veterans' Administration, the War
Department or the Navy Department; (2) the wives of such service-
connected disabled ex-servicemen as have themselves been unable to
qualify for any civil-service appointment; (3) the unmarried widows
of deceased ex-servicemen who served on active duty in any branch of
the armed forces of the United States during any war, or in any
campaign or expedition (for which a campaign badge has been au-
thorized), and who were separated therefrom under honorable con-
ditions; and (4) those ex-servicemen and women who have served
on active duty in any branch of the armed forces of the United
States, during any war, or in any campaign or expedition for which
a campaign badge has been authorized), and have been separated
therefrom under honorable conditions.
SEC. 3. In all examinations to determine the qualifications of ap-
plicants for entrance into the service ten points shall be added to
the earned ratings of those persons included under section 2 (1), (2),
and (3), and five points shall be added to the earned ratings of those
persons included under section 2 (4) of this act: Provided, That in
examinations for the positions of guards, elevator operators, mes-
sengers, and custodians competition shall be restricted to persons en-
titled to preference under this act as long as persons entitled to
preference are available and during the present war and for a period
of five years following the termination of the present war as pro-
claimed by the President or by a concurrent resolution of the Con-
gress for such other positions as may from time to time be determined
by the President.
Sec. 4. In examinations where experience is an element of quali-
fication, time spent in the military or naval service of the United
States shall be credited in a veteran's rating where his or her actual
employment in a similar vocation to that for which he or she is
examined was interrupted by such military or naval service. In all
examinations to determine the qualifications of a veteran applicant,
credit shall be given for all valuable experience, including experi-
ience gained in religious, civic, welfare, service, and organizational
activities, regardless of whether any compensation was received
therefor.4
3
See section 2 of war-service regulation III, page 23, and notes on veteran preference,
page 76.
. See section 3 of war-service regulation III, page 24, and notes on rating, page 65.
8 See section 3 of war-service regulation I, page 21.
• Eee section 1 of war-service regulation III, page 23.
(July 12, 1944)
10.02 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
*
Sec. 5. In determining qualifications for examination, appointment,
promotion, retention, transfer, or reinstatement, with respect to prefer-
ence eligibles, the Civil Service Commission or other examining agency
shall waive requirement as to age, height, and weight, provided any
such requirement is not essential to the performance of the duties of
the position for which examination is given. The Civil Service Com-
mission or other examining agency, after giving due consideration to
the recommendation of any accredited physician, shall waive the phy-
sical requirements in the case of any veteran, provided such veteran is,
in the opinion of the Civil Service Commission, or other examining
agency physically able to discharge efficiently the duties of the position
for which the examination is given. No minimum educational re-
quirement will be prescribed in any civil-service examination except
for such scientific, technical, or professional positions the duties of
which the Civil Service Commission decides cannot be performed by
a person who does not have such education. The Commission shall
make a part of its public records its reasons for such decisions.
Sec. 6. Preference eligibles shall not be subject to the provisions of
section 9 of the Civil Service Act concerning two or more members of
a family in the service, or to the provisions of section 2 of that act
concerning apportionment of appointments in the Government de-
partments in the District of Columbia among the several States and
Territories according to population, but may be required to furnish
evidence of residence and domicile.8
Sec. 7. The names of preference eligibles shall be entered on the
appropriate registers or lists of eligibles in accordance with their re-
spective augmented ratings, and the name of a preference eligible shall
be entered ahead of all others having the same rating: Provided, That,
except for positions in the professional and scientific services for
which the entrance salary is over $3,000 per annum, the names of all
qualified preference eligibles, entitled to ten points in addition to their
earned ratings shall be placed at the top of the appropriate civil-service
register or employment list, in accordance with their respective aug-
mented ratings.
Sec. 8. When, in accordance with civil-service laws and rules, a
nominating or appointing officer shall request certification of eligibles
for appointment purposes, the Civil Service Commission shall certify,
from the top of the appropriate register of eligibles, a number of names
sufficient to permit the nominating or appointing officer to consider at
least three names in connection with each vacancy. The nominating
9
o See section 3 of war-service regulation II, page 22.
• See section 5 of war-service regulation II, page 23.
See page 10, and notes on page 99.
• See section 3 of war-service regulation IV, page 27, and notes on page 79.
• See section 3 of war-service regulation III, page 24, and notes on page 74.
(July 12, 1944)
AUTHORITY FOR RULES AND REGULATIONS
10.03
*
or appointing officer shall make selection for each vacancy from not
more than the highest three names available for appointment on such
certification, unless objection shall be made, and sustained by the
Commission, to one or more of the persons certified, for any proper and
adequate reason, as may be prescribed in the rules promulgated by the
Civil Service Commission : Provided, That an appointing officer who
passes over a veteran eligible and selects a nonveteran shall file with
the Civil Service Commission his reasons in writing for so doing, which
shall become a part of the record of such veteran eligible, and shall be
made available upon request to the veteran or his designated repre-
sentative; the Civil Service Commission is directed to determine the
sufficiency of such submitted reasons and, if found insufficient, shall
require such appointing officer to submit more detailed information
in support thereof; the findings of the Civil Service Commission as to
the sufficiency or insufficiency.of such reasons shall be transmitted to
and considered by such appointing officer, and a copy thereof shall be
sent to the veteran eligible or to his designated representative upon
request therefor: Provided, further, That if, upon certification, reasons
deemed sufficient by the Civil Service Commission for passing over his
name shall three times have been given by an appointing officer, certifi-
cation of his name for appointment may thereafter be discontinued,
prior notice of which shall be sent to the veteran eligible.10 Whenever
in the Postal Service two or more substitutes are appointed on the same
day, they shall be promoted to the regular force in the order in which
their names appeared on the civil-service register from which they
were originally appointed, whenever there are substitutes of the re-
quired sex who are eligible and will accept, unless such vacancies are
filled by transfer or reinstatement. 11
Sec. 9. In the unclassified Federal, and District of Columbia, civil
service, and in all other positions and employment hereinbefore re-
ferred to in (c) of section 2 hereof, the nominating or appointing
officer or employing official shall make selection from the qualified
applicants in accordance with the provisions of this act.
SEC. 10. The Civil Service Commission is authorized and directed
to hold an examination, during the next succeeding quarterly period,
for any position to which any appointment has been made within the
preceding three years, for any person included under section 2 (1),
(2), and (3) of this act upon application for examination for any
such position.12
10 See section 4 of war-service regulation IV, page 27, and notes on pages 70 to 118.
11 See section 3 of war-service regulation VI, page 30, and notes on page 163.
1. See section 2 of war-service regulation I, page 21, and notes on page 61.
(July 12, 1944)
10.04 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
18
*
SEC. 11. The Civil Service Commission is hereby authorized to
promulgate appropriate rules and regulations for the administration
and enforcement of the provisions of this act.
SEC. 12. In any reduction in personnel in any civilian service of
any Federal agency, competing employees shall be released in accord-
ance with Civil Service Commission regulations which shall give due
effect to tenure of employment, military preference, length of service,
and efficiency ratings: Provided, That the length of time spent in
active service in the armed forces of the United States of each such
employee shall be credited in computing length of total service:
Provided further, That preference employees whose efficiency ratings
are "good" or better shall be retained in preference to all other com-
peting employees and that preference employees whose efficiency rat-
ings are below “good” shall be retained in preference to competing
nonpreference employees who have equal or lower efficiency ratings:
And provided further, That when any or all of the functions of any
agency are transferred to, or when any agency is replaced by, some
other agency, or agencies, all preference employees in the function or
functions transferred or in the agency which is replaced by some other
agency shall first be transferred to the replacing agency, or agencies,
for employment in positions for which they are qualified, before such
agency, or agencies, shall appoint additional employees from any
other source for such positions."
SEC. 13. Any preference eligible who has resigned or who has been
dismissed or furloughed may, at the request of any appointing officer,
be certified for, and appointed to, any position for which he may
be eligible in the civil service, Federal, or District of Columbia, or
in any establishment, agency, bureau, administration, project, or de-
partment, temporary or permanent.
Sec. 14. No permanent or indefinite preference eligible, who has
completed a probationary or trial period employed in the civil service,
or in any establishment, agency, bureau, administration, project, or
department, hereinbefore referred to shall be discharged, suspended
for more than thirty days, furloughed without pay, reduced in rank
or compensation, or debarred for future appointment except for such
cause as will promote the efficiency of the service and for reasons given
in writing, and the person whose discharge, suspension for more than
thirty days, furlough without pay, or reduction in rank or compensa-
tion is sought shall have at least thirty days' advance written notice
(except where there is reasonable cause to believe the employee to be
guilty of a crime for which a sentence of imprisonment can be imposed),
14
10 Soe section 6 of civil-service rule XII, page 284, and potes on page 185.
14 See section 12 of war-service regulation IX, page 39.
(July 12, 1944)
AUTHORITY FOR RULES AND REGULATIONS
10.05
*
stating any and all reasons, specifically and in detail, for any such
proposed action; such preference eligible shall be allowed a reasonable
i.ime for answering the same personally and in writing, and for furnish-
ing affidavits in support of such answer, and shall have the right to
appeal to the Civil Service Commission from an adverse decision of
the administrative officer so acting, such appeal to be made in writing
within a reasonable length of time after the date of receipt of notice of
such adverse decision: Provided, That such preference eligible shall
have tho right to make a personal appearance, or an appearance
through a designated representative, in accordance with such reason-
able rules and regulations as may be issued by the Civil Service
Commission; after investigation and consideration of the evidence
submitted, the Civil Service Commission shall submit its findings and
recommendations to the proper administrative officer and shall send
copies of same to the appellant or to his designated representative:
Provided further, That the Civil Service Commission may declare any
such preference eligible who may have been dismissed or furloughed
without pay to be eligible for the provisions of section 15 hereof.16
SEC. 15. Any preference eligible, who has been furloughed, or sepa-
rated without delinquency or misconduct, upon request, shall have his
name placed on all appropriate civil-service registers and/or on all
employment lists, for every position for which his qualifications have
been established, as maintained by the Civil Service Commission, or as
shall be maintained by any agency or project of the Federal Govern-
ment, or of the District of Columbia, in the order as provided in section
7 hereof, and shall then be eligible for recertification and reappoint-
ment in the order and according to the procedure as provided for in
sections 7 and 8 hereof. No appointment shall be made from an
examination register of eligibles, except of ten-point preference eli-
gibles, when there are three or more names of preference eligibles on
any appropriate reemployment list for the position to be filled.10
Sec. 16. Any preference eligible who has resigned shall, upon request
to the Civil Service Commission, have his name again placed on all
proper civil-service registers for which he may have been qualified, in
the order as provided for in section 7 hereof, and shall then be eligible
for recertification and reappointment in the order, and according to
the procedure, as provided for in sections 7 and 8 hereof.17
Sec. 17. The term "Civil Service Commission” or “Commission" as
used in this Act shall mean the present United States Civil Service
10 See war-service regulation VII, page 30; section 2 of war-service regulation XIV,
page 41.02; and notes on removal, page 180.
10 See war-service regulation XIV, page 41.01.
17 See section 8 of war-service regulation III, page 24.
(July 12, 1944)
10.06 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
*
Commission or any body or person who may by law succeed to its
powers and duties, or any of them, or which or who may be designated
by law to perform any specific duty and possess any specific power
concerning matters covered by this act.
Seo. 18. All acts and parts of acts inconsistent with the provisions
hereof are hereby modified to conform herewith, and this act shall
not be construed to take away from any preference eligible any rights
heretofore granted to, or possessed by, him under any existing law,
Executive order, civil-service rule or regulation, of any department
of the Government or officer thereof.
SEC. 19. It shall be the authority and duty of the Civil Service
Commission in all cases under the classified civil service to make
and enforce appropriate rules and regulations to carry into full effect
the provisions, intent, and purpose of this act and such Executive
orders as may be issued pursuant thereto and in furtherance thereof.
Sec. 20. Nothing contained in this act is intended to apply to any
position in or under the legislative or judicial branch of the Gov-
ernment or to any position or appointment which by the Congress is
required to be confirmed by, or made with, the advice and consent of
the United States Senate: Provided, however, that the provisions of
this act shall apply to appointments under Public Law Numbered 720,
Seventy-fifth Congress, third session, approved June 25, 1938.18
Sec. 21. If any part of this act shall be found to be unconstitu-
tional, the rest of it shall be considered as in full force and effect.
EXECUTIVE ORDER NO. 7916, JUNE 24, 1938
Sec. 5.29 The Civil Service Commission shall, subject to the Civil
Service Act, the rules thereunder, and the Classification Act of 1923,
*18 For the text of this law see page 377.*
20 Sections 1 to 4 of Executive Order No. 7916 provided for the inclusion within the
classified civil service of all positions in the l'ederal executive civil service not at that time
excepted by law, except policy-determining positions and other positions which special
circumstances required should be exempted, and prescribed the method for granting a
classified civil-service status to the incumbents of positions thus included. The full text
of the Executive order, with notes on classification under it, is contained in the June 30,
1939, edition of this pamphlet. Since that edition, the Commission has ruled in depart-
mental circular No. 362 of August 6, 1942, that persons who owe allegiance to the United
States are eligible for classification under the order so far as citizenship is concerned, and
has authorized other Federal agencies to resubmit to it for further consideration the names
of persons now serving in status quo who failed to be classified under the order because,
although they owed allegiance to this country, they were not citizens of the United States.
Executive Order No. 8044, January 31, 1939, which was also reprinted in the June 30,
1939, edition of this, pamphlet, suspended the classification under Executive Order No.
7916 of (1) positions to which, in the opinion of the Civil Service Commission, it is not
practicable to make appointment upon competitive examination ; (2) positions the duties
of which are determined, with the concurrence of the Civil Service Commission, to be of a
highly confidential character; (3) professional and scientific positions ; (4) positions in
the Inland Waterways Corporation ; (5) certain administrative and technical positions
(July 12, 1944)
AUTHORITY FOR RULES AND REGULATIONS
11
as amended, initiate, supervise, and enforce a system as uniform as
practicable, for the recruitment, examination, certification, promo-
tion from grade to grade, transfer, and reinstatement of employees
in the classified civil service, other than employees therein excepted
by Executive orders, issued pursuant to clauses (1) and (2) of sec-
tion 1 hereof, which system shall, so far as practicable, be competitive,
with due regard to prior experience and service.
SEC. 8.30 The Civil Service Commission shall, in cooperation with
operating departments and establishments, the Office of Education,
and public and private institutions of learning, establish practical
training courses for employees in the departmental and field services
of the classified civil service, and may by regulations provide credits
in transfer and promotion examinations for satisfactory completion
of one or more of such training courses.
EXECUTIVE ORDER NO. 9063, FEBRUARY 16, 1942
[As amended by Executive Order No. 9378 of September 23, 1943]
WHEREAS millions of the citizens of this country are engaged in
war industries or have been or expect to be called to duty with the
armed forces of the United States, which militates against their com-
peting for employment in the Federal service, and greatly diminishes
the number of persons available for competitive positions in the Fed-
eral service; and
WHEREAS it is essential that there be no delay during the present
emergency in filling positions in the Federal service with qualified
persons:
NOW, THEREFORE, by virtue of the authority vested in me by
Section 2 of the Civil Service Act (22 Stat. 404), it is hereby ordered
as follows:
1. The United States Civil Service Commission is authorized to
adopt and prescribe such special procedures and regulations 31 as it
may determine to be necessary in connection with the recruitment,
defined in the order. Section 3 of Executive Order No. 8044 appointed the President's
Committee on Civil Service Improvement to "make a comprehensive study of methods of
recruiting, testing, selecting, promoting, transferring, removing, and reinstating personnel
for the positions to which this order relates, and report to the President as soon as pos-
sible its recommendations thereon." The Committee's report was submitted by the
President to Congress on February 24, 1941, and has been published as H. Doc. No. 118,
77th Cong., 1st sess. Positions subject to Executive Order No. 8044, other than those
listed in Schedules A and B of the civil-service rules, have been included in the classified
service by sec. 7 of Executive Order No. 8743 of April 23, 1941 (see p. 330).
30 Sections 6 and 7 of Executive Order No. 7916, which provide for the appointment and
prescribe the duties of departmental personnel directors, and provide for the establish-
ment within the Civil Service Commission of a Council of Personnel Administration, appear
on p. 398.
# For these regulations, see p. 21.
12
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
placement, and changes in status of personnel, and dismissals on
account of reduction of force, for all departments, independent estab-
lishments, and other Federal agencies, except positions of postmaster
in all classes of post offices.32 The procedures and regulations thus
adopted and prescribed shall be binding with respect to all positions
affected thereby which are subject to the provisions of the Civil Serv-
ice Act and rules.
2. Persons appointed solely by reason of any special procedures
adopted under authority of this order to positions subject to the
provisions of the Civil Service Act and rules shall not thereby acquire
a classified (competitive) civil-service status, but, in the discretion
of the Civil Service Commission, may be retained for the duration of
the war and for 6 months thereafter.
EXECUTIVE ORDER NO. 9243, SEPTEMBER 12, 1942
PROVIDING FOR THE TRANSFER AND RELEASE OF FEDERAL PERSONNEL
By virtue of the authority vested in me by the Civil Service Act (22
Stat. 403), and by section 1753 of the Revised Statutes of the United
States (U.S.C., title 5, sec. 531), it is hereby ordered:
1. Effective on and after the fifteenth day following the date of this
order, transfers of employees between departments, agencies, and in-
dependent establishments of the civilian executive branch of the
Federal Government, the release of such employees to private enter-
prise, and the establishment, granting, and conditioning of reemploy-
ment rights in the event of such transfers and releases, shall be governed
by policies and directives issued by the Chairman of the War Man-
power Commission in conformity with Executive Order No. 9139 of
April 18, 1942.38
*2. [Revoked, effective as of July 1, 1944, by Executive Order 9451,
June 20, 1944.] 93a*
3. Executive Order No. 8973 of December 12, 1941, and Executive
Order No. 9067 of February 20, 1942, are hereby revoked, effective
on the fifteenth day following the date of this order; provided that
82 As to the filling of postmasterships, see p. 377.
33 War Manpower Commission Directive X, issued under authority of this Executive order,
follows immediately. For war-service regulations IX and X, which were issued under
authority of this directive, see pages 31 to 39.
331 This paragraph provided for the establishment by the Bureau of the Budget of
priority classifications as between the several executive departments and agencies.*
.
(July 12, 1944)
AUTHORITY FOR RULES AND REGULATIONS
13
nothing contained in this order shall be construed to affect reemploy-
ment rights theretofore acquired by any employee under Executive
Orders Nos. 8973 and 9067.84
WAR MANPOWER COMMISSION DIRECTIVE NO. X,
SEPTEMBER 14, 1942
DIRECTIVE WITH RESPECT TO THE TRANSFER AND RELEASE OF GOVERN-
MENT EMPLOYEES 36
By virtue of the authority vested in me as Chairman of the War
Manpower Commission by Executive Order No. 9139 establishing the
War Manpower Commission, and by Executive Order No. 9243,
and having found, after consultation with the members of the War
Manpower Commission, that the measures hereinafter set forth will
facilitate the filling of the Federal Government's requirements for
manpower in the civilian service, and promote the proper allocation
and the effective mobilization and utilization of the Nation's man-
power in the prosecution of the war, it is hereby directed:
I. Whenever the Civil Service Commission shall find that a civilian
employee of any department or agency of the executive branch of the
Federal Government can make a more effective contribution to the
war effort, in a position in some other such department or agency, the
Commission with or without the consent of the employee or of the
department or agency in which he is employed or to which he is trans-
ferred, shall direct the transfer of such employee to such position :
*Provided, That whenever such transfer is directed to a position
· beyond reasonable commuting distance from the home of the em-
ployee concerned, the department or agency to which he is trans-
ferred shall reimburse the employee for the cost of transporting
himself, and his household goods, out of funds available to the agency
for expenses of travel or transportation, in accordance with Govern-
ment regulations.85a*
II. Whenever the Civil Service Commission shall find that a civil-
ian employee of any department or agency of the executive branch of
the Federal Government is qualified to perform work in a critical war
occupation (as defined in the Essential Activities and Essential Occu-
pations Directive) and can make a more effective contribution to the
war effort in an essential activity carried on by a private or public
enterprise,38 including an activity carried on by a State, Territory, or
possession of the United States, or by any political subdivision thereof,
or by any agency or instrumentality of a State, Territory, or possession
34 See pages 94 and 308 of the November 30, 1941, edition of this pamphlet for the text
of Executive Orders Nos. 8973 and 9067.
85 See also war-service regulations IX and X, which were issued under authority of this
directive, and notes on war transfers on p. 148.
*300 Amendment 2 to Directive X, March 27, 1944 (9 F. R. 3534).*
80 The Commission has determined that the words "public enterprise" include the legisla-
tive and judicial branches of the Federal Government (action of Commission, March 11.
1943).
(July 12, 1944)
14
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
of the United States or of their political subdivisions, the Commission,
with the consent of the employee, but with or without the consent of
the department or agency in which he is employed, shall, upon request
of such private or public enterprise, authorize the release of such em-
ployee to such private or public enterprise for work in such critical
war occupation in such essential activity. An employee whose release
has been authorized pursuant to this paragraph shall be carried on a
leave-without-pay basis from his Federal position for the period of
such employment with such private or public enterprise, except that
such leave-without-pay status shall not continue beyond six months
after the end of the war.87
III. The Civil Service Commission shall base its findings, pursuant
to paragraphs I and II of this directive, upon: (a) the extent to
which the skills, abilities, training, and experience of the employee are
required and will be utilized by the departments, agencies, activities
or private or public enterprise concerned; and (b) the relative im-
portance to the war program of the government activities in which the
employee has been employed and to which he will be transferred, as
indicated by, among other considerations, priority classifications
established by the Director of the Bureau of the Budget pursuant to
Executive Order No. 9243: and (c) the relative importance to the war
program of the government activity in which the employee has been
employed and of the private or public enterprise to which he will be
transferred, as indicated by priority classifications established by the
Director of the Bureau of the Budget pursuant to Executive Order
No. 9243 and by such policies and directives as the Chairman of the
War Manpower Commission may prescribe. 38
IV. Any employee of a department or agency of the executive branch
of the Federal Government (other than an employee holding á tem-
porary position) who has been transferred pursuant to paragraph I
of this directive shall be entitled to thirty days' notice from the depart-
ment or agency to which he has been transferred, prior to the termina-
tion of his services with such department or agency, unless such termi-
nation is for cause. Upon the termination, without prejudice, of the
services of an employee (other than an employee transferred or,
released from a temporary position) in the position to which his trans-
fer or release has been authorized or directed pursuant to paragraphs
I or II of this directive (or in a position which, for the purposes of
this directive, is substantially similar thereto) such employee shall be
entitled to the reemployment benefits hereinbelow set forth, provided
he makes application for reinstatement therein within forty days after
the termination of his services with a department or agency of the
37 As amended by War Manpower Commission Directive No. XVI, December 24, 1942. See
section 4 of war-service regulation IX, p. 84, and notes on p. 148.
28 As amended by War Manpower Commission Directive No. XVI, December 24, 1942.
*The provision of Executive Order No. 9243 authorizing the Bureau of the Budget to es-
tablish priority classifications has now been revoked. (See page 12.)*
(July 12, 1944)
AUTHORITY FOR RULES AND REGULATIONS
15
Federal Government and, with respect to an employee released to a
private or public enterprise within forty days after the termination
of his services with such an enterprise but in no event later than six
months after the end of the war: (a) Reinstatement, within thirty days
of his application, in the same department or agency and to the maxi-
mum extent practicable, in the same locality, in his former position, or
in a position of like seniority, status, and pay, in such manner, to the
maximum consistent with law, that he does not lose any of the rights
or benefits to which he would have been entitled had he not been
transferred or released; (6) if such a position, or if the agency or
activity in which he was employed, is no longer in existence, and such
person therefore cannot be reinstated, the placement of his name on
the Reemployment List established pursuant to Executive Order No.
6924 38a of September 20, 1932, to be considered for certification to
positions for which he is qualified elsewhere in the Government serv-
ice. Certifications from such list shall be made by the Civil Service
Commission prior to certifications from all other lists maintained by
that Commission.30
An employee who has been released from a Federal position pur-
suant to paragraph II of this directive for employment in an essential
activity carried on by a private or public enterprise and who, while on
a leave-without-pay status from such Federal position enlists in, is
inducted into, or otherwise enters active military service with the
armed forces, shall be entitled to the same reemployment benefits, if
any, with respect to the Federal position from which he was released,
as those to which he would have been entitled, had he enlisted in, been
inducted into, or otherwise entered active military service while em-
ployed in such Federal position. An employee who would have been
entitled to the reemployment benefits provided for in this paragraph
but for his failure to make suitable application therefor within the
period allowed for such applications, shall nevertheless become en-
titled thereto if suitable application therefor is filed on or before
February 1, 1943.40
V. Any department or agency in which is employed an employee
whose transfer or release is to be directed or authorized pursuant
to this directive without the consent of such department or agency,
shall be afforded, prior to such transfer or release, a fair opportunity
to present to the Civil Service Commission evidence as to the extent
982 So in original. Should be No. 5924.
89 As amended by War Manpower Commission Directive No. XVI, December 24, 1942. Sce
also, as to reemployment rights generally, section 5 of war-service regulation IX and notes
on p. 140.
Information about the reemployment list appears on p. 124. *See also war-
service regulation XIV, page 41.01.*
40 As amended by War Manpower Commission Directive No. XVI, December 24, 1942. See
also war-service regulation XIII, and p. 180, on reemployment rights of employees who have
entered the armed forces.
(July 12, 1944)
16
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
to which such agency's or department's execution of its responsibilities
will be jeopardized by the loss of such employee and as to the extent
to which the employee's skills, abilities, training, and experience are
being and will be utilized in such department or agency. 41
VI. Any employee whose transfer is to be directed pursuant to this
directive without the consent of such employee shall be afforded, prior
to such transfer, a fair opportunity to present to the Civil Service
Commission evidence that the proposed transfer is inequitable or will
impose upon him an undue 'hardship. No employee shall, without
his consent, be transferred to a position at a lower salary than he
received at the time such transfer is directed.41a**
VII. Whenever the filling of any positions by promotion from
within for an indefinite period is being considered by any depart-
ment or agency, employees who have been transferred or released
pursuant to this directive and are entitled to reemployment in such
department or agency under this directive shall be given the same
consideration they would have received had they not been transferred
or released, and such employees may be selected for such promotion.
In the event of such selection, if such employee is not authorized to
return to the position to which promotion was made, the position in
question shall be filled only for the duration of such employee's reem-
ployment rights under paragraph IV of this directive and such reem-
ployment rights shall be applicable to the position to which promotion
was made.
VIII. No request for the transfer or release of any civilian employee
in any department or agency of the executive branch of the Federal
Government shall be made by another such department or agency
except through the Civil Service Commission, and no civilian em-
ployee of any such department or agency shall be released for transfer
to another such department or agency except upon request of the
Civil Service Commission. The Commission shall not request or
authorize the transfer of any such employee who can make a more
effective contribution to the war effort in the position in which he is
currently employed or whose transfer would be contrary to the most
effective methods of filling the Federal Government's requirements
As to appeal procedure, see section 2 of war-service regulation IX, p. 33, and notes
on p. 154.
-414 Amendment 2 to Directive No. X, March 27, 1944 (9 F. R. 3534). As to appeal
procedure, see section 2 of war-service regulation IX, page 31, and notes on page 65.*
(July 12, 1944)
LEAVE OF ABSENCE
491
the absence from work of employees of SCOPE OF THE LEAVE LAWS AND
the Federal Government on election
REGULATIONS
days has been approved by Mr. William
*Contract employees.—The provision
H. McReynolds, Administrative Assist-
of section 6.1 (e) of the Annual and Sick
ant to the President:
"So far as may be practicable so as
Leave Regulations which exempts from
not to interfere seriously with produc- leave benefits "persons engaged under
tion, employees who desire to vote at contract” refers to
to contractors en-
communities where they are employed gaged—not employed on other than a
will be excused without charge for a personal service basis (generally those
reasonable time on all election days for who do not perform their work under
that purpose. Such authorized absence the supervision and control of the Gov-
should not ordinarily exceed two hours. ernment). Persons employed on a per
When un employee requests leave for | diem "when actually employed” basis
voting purposes which will require as
under an instrument designated as a
much as a day or longer in order to contract” are to be regarded as "offi-
enable him to go to his legal residence
to vote, permission will be granted cers and employees of the United States”
whenever practicable and the period of within the meaning of the Leave Regu-
absence will be charged to annual leave, lations and, as such, are entitled to
or, if annual leave is exhausted, to leave
leave benefits unless otherwise exempted
therefrom.
without pay" (departmental circular
No. 445, October 30, 1943).
Persons of the latter type are to be
Private employment during leave pe- considered “permanent” employees with-
riod.---There is no general law which in the meaning of the Leave Regulations
prohibits the payment of compensation if they work full time for definite periods
to a civilian officer or employee during
in excess of one year, and “temporary"
a period of annual leave when said enployees if employed full time for
officer or employee is working for and definite periods of time not exceeding
one year. Where the contract does not
receiving compensation from a private
specify any definite period of time of
employer (including the American Na-
tional Red Cross), even though such such persons are to be considered “in-
employment or performance of contract,
employer may be a contractor working definite” employees within the meaning
for or under the direction of the United of the Leave Regulations (rather than
States Government, provided the salary
"part-time"
"intermittent"
in the private employment does not con-
ployees) if-
stitute a contribution toward Federal
(a) They are actually continuously
salary in contravention of the act of employed for a period of not less than
March 3, 1917 (39 Stat. 1106; 5 U. S. C.
one month; or
1940 ed. 66). The dual-compensation
(6) They are required to be available
statutes do not apply in such a case for duty for a period of not less than one
(20 Comp. Gen. 488, February 27, 1941; month; or
22 Comp. Gen. 178, September 3, 1942; (c) The contract requires the per-
23 Comp. Gen. 305, October 23, 1943). formance of a specific job.
As to substitution of leave with pay Such "indefinite" employees, like other
for a period of leave without pay for “indefinite” employees, do not accrue
service with a private employer, see leave unless they are actually continu-
note on page 505. As to recrediting of ously employed for at least one month
leave upon return from private employ. (based on 23 Comp. Gen. 425, December
ment, see page 497.
13, 1943).*
or
em-
6994499-44-2
(July 12, 1944)
491.01 CIVIL SERVICE ACT. RULES, AND RÉGULATIONS, ANNOTATED
2
Employees appointed in connection benefits applicable to such employees.
with cooperative agricultural work. Upon separation by resignation to enter
Employees appointed by the Depart- the active military service, he is entitled
ment of Agriculture in connection with under the act of August 1, 1941, as
cooperative work with the States, etc., amended, to be paid for his accumulated
whose duties and time of work are sup- and current accrued annual leave con-
ervised and controlled by Federal of currently with military service, provided
ficers, are employees of the United there is no break between his civilian
States within the meaning of the an- service and entry into active military
nual and sick leave acts of March 14, service (23 Comp. Gen. 603, February 18,
1936, 49 Stat. 1161 and 1162, regardless 1944).*
of whether a portion or all of their Bailiffs in the Federal courts.-Bailiffs
salaries is paid by the Federal Govern- in the Federal courts are part-time or
ment, or otherwise, and should be re- intermittent employees as distinguished
garded as in a continuous duty status from indefinite employees within the
for leave purposes (17 Comp. Gen. 362, meaning of the Uniform Annual and
October 26, 1937). With respect to Sick Leave Regulations, and hence are
amount of leave which may be taken, not entitled to annual or sick leave (20
and time of taking it, see notes on Comp. Gen. 140, September 9, 1940).
page 499.
Property and disbursing officers and
*Judicial service.—The Annual and employees of the National Guard.-The
Sick Leave Acts of March 14, 1936, are National Guard officers appointed by
given application to the field service of the Governors of the States as property
the judiciary; and by usage the regula- and disbursing officers of the United
tions promulgated by Executive order States in accordance with the provisions
are recognized as governing (letter of of section 67 of the National Defense
the Director, Administrative Office of Act of June 3, 1916, 39 Stat. 199, 200,
the United States Courts, to the Comp- and the accounting and custodial em-
troller General, February 5, 1944). ployees serving in their offices who are
United States supervising conciliation employed by the State military author-
commissioners who are appointed by a ities, are not "employees of the United
United States court and paid, as com- States" within the meaning of the An-
pensation for their services, a per diem nual Leave Act of March 14, 1936, 49
allowance as prescribed by the provisions Stat. 1161 (19 Comp. Gen. 326, Septem-
of 11 U. S. C. 203, may be regarded as ber 7, 1939; 21 Comp. Gen. 305, October
"civilian officers and employees of the 8, 1941; 22 Comp. Gen. 864, March 4,
United States” within the meaning of 1943).
the Annual Leave Act of 1936, so as to District of Columbia police and fire
entitle them to the leave benefits pre- departments.--The Annual Leave Act of
scribed thereunder. If eniployed each
If eniployed each March 14, 1936, 49 Stat. 1161, is ap-
day of the month, such a commissioner plicable to officers and members of the
may be regarded as an "indefinite em- police and fire departments of the Dis-
ployee" within the meaning of the Leave trict of Columbia (16 Comp. Gen. 581,
Regulations and entitled to the leave December 14, 1936). Officers and mem-
1
(July 12, 1944)
LEAVE OF ABSENCE
492
page 386.
bers of those departments, other than distinguished from a "temporary” em-
civilians, are, however, excluded from ployee if the termination of his appoint-
the scope of the Sick Leave Act byment is not fixed in advance and stated
section 1 of that act. As to sick leave in the appointment as one year or less,
for members of the Fire Department, see either by the statement of an exact date
or by the use of appropriate qualifying
Home Owners' Loan Corporation.- words such as “not to exceed one year"
The Home Owners' Loan Corporation is (based on 16 Comp. Gen. 934, April 16,
subject to the Annual and Sick Leave 1937; 19 Comp. Gen. 520, November 24,
Acts of March 14, 1936 (16 Comp. Gen. 1939; *23 Comp. Gen. 260, October 5,
611, December 22, 1936).
1943).*
American National Red Cross.-Per-
The classification of employees for
sonnel of The American National Red leave purposes is separate and apart
Cross, a corporation chartered under from, and is not coextensive with, that
the act of January 5, 1905 (33 Stat. established for the purposes of the civil-
599), as amended, are not “civilian offi- service laws and regulations. For ex-
cers and employees of the United States” ample, an employee designated as “tem-
within the meaning of section 1 of the porary" under the latter is not neces-
Annual and Sick Leave Acts, and, ac-sarily "temporary” under the former
cordingly, are not to be regarded as (19 Comp. Gen. 520, November 24, 1939).
coming within any of the provisions of A statutory limitation on the life of
the said acts or the Executive regula-1 an agency has no bearing on the ques-
tions issued pursuant thereto (23 Comp. tion whether or not its employees are
Gen. 305, October 23, 1943).
temporary employees within the mean-
ing of the leave regulations (based on
CLASSES OF EMPLOYEES FOR LEAVE
17 Comp. Gen. 276, September 23, 1937;
PURPOSES
17 Comp. Gen. 795, March 31, 1938).
Basis of division into classes.--The *Effect of change in regulations upon
granting of leave under the Annual the leave classification of employees.-
Leave Act of March 14, 1936, 49 Stat. An employee who is serving under an
1161, is not for determination upon the appointment for a definite period not in
basis of the measure of compensation excess of one year is to be considered as
piece work, per annum, per diem, etc.- a "temporary" employee for purposes of
but upon the tenure of employment (16 accrual of leave on and after January
Comp. Gen. 1039, May 26, 1937).
1, 1944, even though he was appointed
The wording of an employee's appoint- prior to that date and was classed as a
nient is not necessarily determinative of "permanent” employee under the leave
his right to annual and sick leave under regulations in effect at the time of his
the acts of March 14, 1936, 49. Stat. 1161 appointment (decision, Comptroller Gen-
and 1162, respectively, and the applicable eral, May 29, 1944).*
regulations issued thereunder if his ac- Appointees under the war-service
tual service differs from that indicated regulations.-Employees who have been
in the appointment. Thus, an employee given "war service” appointments for
who, although holding a permanent ap- the duration of the war and 6 months
pointment, has been employed over an | thereafter pursuant to the Civil Service
extended period on intermittent Commission's war-service regulations
basis, is not to be regarded as a “per- may be regarded as “permanent em-
manent employee" within the meaning ployees" within the meaning of the
of the Uniform Annual and Sick Leave Leave Regulations (22 Comp. Gen. 841,
Regulations (16 Comp. Gen. 442, October February 26, 1943).
26, 1936; 18 Comp. Gen. 457, November Employment on construction work at
17, 1938). However, the fact that an an hourly rate.--A temporary employee
employee actually serves less than one engaged on construction work at an
year does not change his status for hourly rate is expressly excluded from
leave purposes from "permanent" to the benefits of the Annual and Sick
"temporary.” He is a "permanent” as | Leave Acts of March 14, 1936, and his
1
an
(July 12, 1944)
LEAVE OF ABSENCE
495
an
ACCRUAL AND CREDITING OF LEAVE 1941; 18 Comp. Gen. 400, October 31,
*Date on which leave may be cred- 1938; 23 Comp. Gen. 603, February 18,
ited.-Sick leave of absence is not
1944).*
granted by the act of March 14, 1936,
Administrative determinations as to
49 Stat. 1162, on a yearly basis, but on
amount of leave to employee's
a monthly basis. The monthly accrual credit. The keeping of records of em-
of one and one-quarter days becomes ployees' accrued annual and sick leave
available to the employee at any time on
is an administrative duty and respon-
or after the first day of the month. The sibility, and, therefore, the administra-
setting up of 15 days' sick leave credit tive determination as to the amount of
at the beginning of the leave year for annual and sick leave an employee has
use as needed is not authorized (15 | to his credit ordinarily will not be ques-
Comp. Gen. 866, March 27, 1936; 15 tioned by the General Accounting Office
Comp. Gen. 1058, June 4, 1936).
(22 Comp. Gen. 348, October 14, 1942).
The monthly credit of 2 days' annual
Reestablishment of lost leave rec-
leave may be allowed to permanent em- ords.-No objection will be made to the
ployees during their first year of service acceptance by the War Department of
at the beginning of the month in which the sworn statement of any employee
it accrues. However, it is within ad-as to the amount of leave previously
ministrative discretion to deny such em- taken by him, for the purpose of re-
ployees the monthly credit until the establishing his service and leave rec-
expiration of the month in which it ords which have apparently been lost
accrues (decision, Comptroller General, as a result of enemy action (22 Comp.
May 4, 1944). As to crediting annual Gen. 348, October 14, 1942).
leave to permanent employees who have *Methods of accounting for leave.-
served more than one year, see section Section 5.1 of the Leave Regulations
2.1 (a) of the Leave Regulations. grants the Civil Service Commission
After the first month of service, tem- authority to prescribe methods of ac-
porary employees may be credited with counting for leave, subject to the ap-
annual leave at the beginning of the proval of the Director of the Bureau of
month in which it accrues, although it is the Budget.
within administrative discretion to deny Departments and agencies to which
such employees the monthly credit of these regulations apply have heretofore
annual leave until the expiration of the prescribed their own methods of main-
month in which it accrues (decision, taining employee leave records. They
Comptroller General, May 4, 1944). may continue to follow such methods
The credit of leave to “indefinite em- until further notice, provided that, in
ployees” (within the meaning of the accordance with section 5.1, they main-
Leave Regulations) accrues as the leave tain an account of leave for each em-
is earned. Where such an employee is ployee under their respective jurisdic-
absent on leave without pay for a fractions (departmental circular No. 469,
tion of a day, or a day or more, a new February 11, 1944).
month's period is begun 'when duty is Effective date of changes in regula-
resumed (20 Comp. Gen. 827, May 28, tions as to leave crediting.-The leave
$
(July 12, 1944)
495.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
*
regulations in force when the leave is the Annual Leave Regulations so as to
earned are controlling in the matter of entitle him to the full monthly and quar.
crediting leave (23 Comp. Gen. 603, terly annual leave credit authorized
February 18, 1944).
therein. This is true even though the
Computation of leave credits.-Stand- 30th is a nonwork day, and he does
ard Form 67, "Leave Credit Table," is not serve on the 31st (based on 23 Comp.
used in computing annual- and sick-leave Gen. 789, April 15, 1944; decision,
credits. This table applies only to those Comptroller General, May 2, 1944).
employees who are working a regular Accrual of leave during periods of
8-hour tour of duty. All computations leave with pay.-The purpose and in-
therein are based on a 30-day month; as tent of section 4.2 of the Annual and
to computing leave for a fractional | Sick Leave Regulations is that leave
month, see note on "Tractional months on leave, either sick or annual, is
of service," below. Standard Form 67 earned only if there is a return to duty,
may be requisitioned from the Govern- and no leave on leave, either sick or
ment Printing Office by the office in each annual, is earned during terminal an-
agency which is authorized to procure nual or sick leave. Under Section 4.2
printing from the Government Printing (0) no leave is earned on terminal
Office (departmental circular No. 471, leave which precedes entrance into
February 26, 1944). As to authority for active military service, or retirement of
this table, see decision, Comptroller the employee regardless of the cause of
General, February 11, 1944.
retirement (23 Comp. Gen. 603, Feb-
Quarterly additional annual leave | ruary 18, 1944 ; 23 Comp. Gen. 677,
credits.-A permanent employee must March 16, 1944; decision, Comptroller
serve an entire quarter of the calendar General, May 2, 1944).
year in order to be entitled to the one- If leave on leave is granted erro-
half day additional credit of annual neously because of the fact that the ad-
leave (4 hours) in March, June, Septem-ministrative office had no advance in-
ber, and December as provided by sec- formation that the employee intended
tion 2.1 (a) of the Leave Regulations to resign at the termination of his
(decision, Comptroller General, Febru- leave, a charge properly is for assert-
ary 11, 1944). However, the fact that ing against the employee for the over-
an employee is in a leave status at the drawn leave representing the amount
end of the quarter or has been on leave of compensation which actually was
without pay during a part of the quarter paid for the period of leave on leave
does not, in itself, disqualify him for the (23 Comp. Gen. 638, February 29,
quarterly credit (see note entitled "El- 1944). Cf. note on "Requirement of
fect of leave without pay upon leave refund from employees separated from
credits", below).
the service", page 503.
Where there are 31 days in the final The prohibition against the granting
month of a quarter, a permanent em- of leave on leave during terminal leave
ployee who is paid for the first 30 days of applies to employees whose tenure of
that month and has been continuously service is indefinite and whose termi-
employed from the first day of the nation of service must be fixed after
quarter may be considered as having service has been rendered. It has
been "continuqusly employed for the en. no application to deny "temporary em-
tire quarter-year ending in such month” ployees" within the meaning of the
within the meaning of section 2.1 (a) of Leave Regulations--who are appointed
!
(July 12, 1944)
LEAVE OF ABSENCE
495.02
*
for definite periods of time not ex- | requirements of the regulations in this
ceeding one year—the annual leave to respect have been satisfied. To deny,
which they are entitled by law and in addition thereto, the one-half day
regulations for each full month of serv- quarterly leave credit authorized un-
ice, which includes both active serv- der section 2.1 (a), for employees who
ice and leave lawfully granted. Thus, were continuously employed for an en-
a temporary employee who is ap- tire quarter, even though in a leave-
pointed for a 30-day period may be without-pay status during a part of
granted 21/2 days' annual leave im- that time, would result in a double re-
mediately prior to the expiration of duction in leave credit and is unauthor-
his appointment (23 Comp. Gen. 731, |ized. The reduction in leave credits
March 29, 1944; decision, Comptroller required by section 4.3 of the Regula-
General, May 4, 1944).
tions does not affect the granting of
Effect of leave without pay upon leave the one-half day quarterly credit until
credits.—This note applies only to an employee has been on leave of ab-
"permanent employees" within the sence without pay a total of 90 days
meaning of the Annual and Sick Leave in the aggregate, and then affects it
Regulations. As to the effect of leave only by the mutual cancelation of the
without pay taken by "temporary” and credit and the reduction (23 Comp.
"indefinite” employees, see note entitled Gen. 789, April 15, 1944; decision,
"Fractional months of service," below. Comptroller General, May 4, 1944).
Section 4.3 of the Annual and Sick Postal employees-regular or substi-
Leave Regulations provides for a re- tute—who are reinstated or reassigned
duction in annual and sick leave credit in the Postal Service pursuant to sec-
where an employee is absent on leave tion 4 of war-service regulation IX
without pay 15 or more days during a after service in private industry en-
calendar year, and for a further reduc-gaged in the war effort are not en-
tion of one-half day whenever such ab-titled, for annual- and sick-leave ac-
sence totals 90 days. Section 4.4 pro- crual purposes, to time credit for the
vides for such a reduction for a period periods of service in private industry
of suspension for disciplinary reasons (decision, Comptroller General, May
which is in excess of three days. The 17, 1944).
former provision contemplates that re- Accrual of leave during suspension
ductions of credit for annual and sick periods.--Suspension is sometimes im-
leave (both for the 15-day periods and posed for disciplinary reasons, and
for the 90-day period) shall be com- sometimes to permit investigation of
puted upon the aggregate or cumula- charges against an employee and com-
tive period of leave without pay (ex- pliance with the removal procedures set
clusive of suspension periods for which forth on page 180.
deduction is made under section 4.4) Section 4.4 of the Leave Regulations
during the calendar year (23 Comp. provides that leave shall not accrue dur-
Gen. 638, February 29, 1944; decisions, ing any period of suspension for disci-
Comptroller General, May 4 and May plinary reasons which is in excess of
5, 1944). As to effect of suspension three days. Reduction in leave credit
periods on leave, see note on "Accrual for this reason should be made sepa-
of leave during suspension periods”, be- rately from the reduction on account of
low.
leave of absence without pay required
When proper reductions in leave by section 4.3 of the regulations; in
credit have been made in accordance other words, any period of suspension
with the sections just mentioned, the l.for which reduction is made under sec-
(July 12, 1944)
495.03 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
tion 4.4 of the regulations should not be Sick Leave Regulations that leave shall
included in the aggregate.of leave with be credited in units of hours on the basis
out pay for which reduction is made of the established workday, and frac-
under section 4.3 of the regulations. tional parts of an hour that equal or
The amount of reduction for suspension exceed 12 hour shall be counted as one
for disciplinary reasons in excess of 3 hour and fractions of less than 1/2 hour
days, in the case of permanent em- shall be disregarded, is a general provi-
ployees, should be based upon the mini-sion applicable to all computations
mum credits, as shown in Standard which may be necessary in determining
Form 67, which would have been earned the credit of leave due an employee, in-
during the number of days of suspen- cluding computations of annual leave
sion had the employee worked (decision, credits in multiples of the hourly equiv-
Comptroller General, May 5, 1944). As alent of 12 day and sick leave credits
to such suspension of "temporary” and in multiples of one hour (23 Comp. Gen.
"indefinite” employees, see note on 638, February 29, 1944).
"Fractional months of service," below. Consequently, a “permanent" em-
Except in the case covered by the pre- ployee (within the meaning of the Leave
ceding paragraph, periods of suspension Regulations) earns the minimum credit
which are followed by the restoration of of 4 hours annual leave in 7 days' serv-
the employee to active duty, and periods ice, rather than in 712 days' service.
of unjustified suspension whether fol- Additional credits of 4 hours each are
lowed by such restoration or not, should, earned after 15, 22, and 30 days of
in general, be regarded as periods of service respectively within a calendar
leave without pay for leave purposes.* month. In this connection, see the note
The possibility of substituting leave on "Effect of leave without pay upon
with pay for periods of unjustified sus- leave credits”, above. The method of
pension is discussed on page 505. dealing with fractions applies only to
Where the employee is restored to duty fractions of hours, and not to fractions
with compensation for the entire period of larger units; the amount of leave
of suspension under authority of sec- which may be credited is limited to that
tion 3 of the act of December 17, 1942, which, after adjustments as to frac-
or other similar special authorities, he tional hours have been made, is an exact
is entitled to credit for leave earned multiple of the hourly equivalent of 42
during the entire period of suspension, day (decision, Comptroller General,
and this is true even though the statute February 11, 1944; 23 Comp. Gen. 638,
provides that a deduction equivalent February 29, 1944; departmental cir-
to the employee's interim net earnings cular No. 471, February 26, 1944).
shall be made from such compensation.
The minimum credit of 4 hours annual
Where the employee is reinstated, un- leave and the minimum credit of 1 hour
der such special authority without sick leave for "permanent” employees
compensation for the period of Sus- within the meaning of the Leave Regula-
pension, such period should be regarded tions are for consideration on a calendar
as leave of absence without pay (based month's service basis. There is no au-
on 18 Comp. Gen. 136, August 6, 1938; thority under the regulations of the
23 Comp. Gen. 204, September 18, 1943). President to combine parts of two cal-
* * *
endar months to grant a minimum an-
*Fractional months of service.-(a) nual or sick leave credit to permanent
Permanent employees. The provision employees (decision, Comptroller Gen.
in section 4.1 (a) of the Annual and eral, February 11, 1944).
!
(July 12, 1944)
LEAVE OF ABSENCE
495.04
(0) Temporary and indefinite em- "temporary" or "indefinite" employees if
ployees.-Leave credits for “temporary" it is administratively permitted to be
and “indefinite” employees (within the “bridged over" with annual leave with
meaning of the Leave Regulations) are pay (or sick leave, if the absence is one
based on the service month rather than for which sick leave may properly be
the calendar month. They are not enti- granted or advanced), and sufficient an-
tled to annual or sick leave for a frac-nual or sick leave is available for
tional month's service, and leave for granting. The continuity of service of
them may be computed only on the basis “temporary” employees for annual leave
of a full month's service. This rule earning purposes is not broken by Sun-
applies to both types of "indefinite" em- days not occurring within a regular tour
ployees—those who are appointed "for of duty, or holidays or nonwork days
the duration of the job” and those who established by Federal statute or by
are paid on a "when actually employed" Executive or administrative order (16
basis. An "indefinite” employee begins Comp. Gen. 993, May 10, 1937; 16 Comp.
a new month of service when he resumes Gen. 1039, May 26, 1937; 17 Comp. Gen.
duty after being absent on leave without 1017, May 27, 1938; 18 Comp. Gen. 400,
pay (or layoff or furlough) for a fraction October 31, 1938; 20 Comp. Gen. 827, May
of a day, or a day or more.
28, 1941; 21 Comp. Gen. 101, August 5,
As to accrual of leave by temporary 1941; 22 Comp. Gen. 619, January 7,
employees during leave with pay periods, 1943; decision, Comptroller General,
see notes on "Accrual of leave during February 11, 1944; 23 Comp. Gen. 638,
periods of leave with pay," above. February 29, 1944; 23 Comp. Gen. 677,
A furlough or leave-without-pay period March 16, 1944; decisions, Comptroller
does not affect the accrual of leave by | General, May 4 and May 5, 1944).*
(July 12, 1944)
496 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
Periods during which an employee from one period of the temporary ap-
paid only when actually employed is not pointment to another (based on 20
continuously employed but is required Comp. Gen. 332, December 21, 1940; 20
to be in readiness to render service when Comp. Gen. 661, April 22, 1941; 18
needed, may not be considered as a Comp. Gen. 596, January 7, 1939).
part of the one month's period of sery- Crediting leave earned in previous in-
ice for the purpose of determining definite appointments.-The annual and
whether or not the employee has earned sick leave of "indefinite” employees paid
annual or sick leave, although they may only when actually employed, which may
be so counted for the purpose of deter- be credited only for periods of con-
mining whether he is an "indefinite” tinuous service of one month or more,
employee under the leave regulations may be carried over from one such pe-
as distinguished from a part-time or riod of continuous service to another (17
intermittent employee (17 Comp. Gen. Comp. Gen. 1017, May 27, 1938).
1017, May 27, 1938). Annual and sick Employees subject to Federal and
leave is not earned during such periods, State supervision during alternate pe-
or during furlough or lay-off periods riods.-Where, under cooperative agree-
or periods of service for less than one ments between the Department of Agri-
month rendered at intervals,
intervals, even culture and States, etc., employees are
though preceded or followed by periods under the supervision and control of
of continuous service for at least one the Federal Government during six
month (17 Comp. Gen. 1017, May 27, months of the year and under the super-
1938). With respect to the earning of vision and control of the cooperating
leave by permanent trainmen on the agency during the other six months, an-
Alaska Railroad, see notes, page 494.
nual and sick leave under the Federal
The rulings set forth in this note are acts of March 14, 1936, 49 Stat. 1161
applicable even though the absence is and 1162, accrues only during the period
due to religious reasons (20 Comp. Gen. the employees are under Federal con-
827, May 28, 1941; 22 Comp. Gen. 619, trol. Such employees may, however, be
January 7, 1943).
regarded as in a continuous duty status,
Crediting leave earned in previous and their Federal leave may be carried
temporary appointments. -- Employees over from one continuous period of red-
originally appointed for definite periods eral control of one month or more to
not exceeding one year whose appoint- another (17 Comp. Gen. 362, October 26,
ments are extended at the end of one
1937).
year *for a further definite period not
Recrediting of leave upon immediate
exceeding one year,* or who are given reemployment after retirement.-Where
new temporary appointments at such an employee is retired for age and re-
time, are to be regarded as temporary appointed to his former position the next
employees for leave purposes regard-day under authority of the act of June
less of the aggregate length of service, 28, 1940 (see p. 133), the provisions of
and such a series of appointments or
the annual and sick leave acts and
extensions is to be considered as one regulations are applicable just as in
el
temporary appointment for the purpose any other case of separation and re-
of transferring accrued leave credit appointment without break in service.
!
..
(July 12, 1944)
LEAVE OF ABSENCE
521
applicable if he were ordered to train of the military leave of absence with
ing duty under the Naval Reserve Act pay act of May 12, 1917, 40 Stat. 72,
of 1938, and, although he is also a bút a civilian employee of the Govern-
civilian employee of the Government, ment ordered with his consent to such
he is not entitled to the military leave active duty as an Army Reserve offi-
provided by section 9 of said act for cer, although not entitled to military
training duty (20 Comp. Gen. 375, Jan-leave of absence with pay during such
uary 15, 1941).
service, may be furloughed without pay
A Government employee enlisted as from his civilian position for the period
a seaman in the Naval Reserve, and involved (18 Comp. Gen. 94, July 28,
ordered to active service, for the pur- 1938). (See also 18 Comp. Gen. 699,
pose of taking a 30-day "elimination March 7, 1939, regarding such leave to
flight training course” to determine Naval Reserve officers.)
his fitness for appointment as a Naval National Guard members.--Section 80
Reserve aviation cadet may be con- of the National Defense Act of June 3,
sidered on “training duty” within the 1916 (39 Stat. 203; 32 U. S. C. 1940
meaning of section 9 of the Naval Re-ed. 75), allows military leave with pay
serve Act of 1938, and, therefore, en- to civiliañ officers and employees who
titled to the 15 days' military leave with are members of the National Guard on
pay granted Government employees by “all days during which they shall be en-
that act (20 Comp. Gen. 847, June 3, gaged in field or coast-defense training
1941).
ordered or authorized under the pro-
Military leave for attendance at serv-
visions of this act," and there is no
ice schools.--A Federal employee mem-
limit on the number of days of such
ber of the National Guard who is cified purposes. There is no limit on the
leave which may be granted for the spe-
ordered to attend a military service
school under section 99 of the National
number of days of military leave with
Defense Act of June 3, 1916, 39 Stat. pay which may be granted civilian offi-
207, is not entitled to military leave
cers and employees who are members of
of absence with pay (15 Comp. Gen. the National Guard of the District of
633, January 18, 1936; 16 Comp. Gen. Columbia when ordered to active duty
of the kind for which such leave is au-
953, April 23, 1937).
A member of the Officers' Reserve thorized under the act of March 1, 1889,
Corps may be granted leave of absence as amended, which is applicable exclu-
from his duties as an officer or em-
sively to the District of Columbia Na-
ployee of the Government "without
tional Guard (19 Comp. Gen. 687, Feb-
loss of pay, time, or efficiency rating" ruary 1, 1940).
during such period as he was ordered
Officers' Reserve Corps members.-A
to active duty for school instruction as
civilian employee of the United States
a member of the Corps not to exceed who is also a member of the Officers'
15 days in any one calendar year (16 Reserve Corps is entitled, under the act
Comp. Gen. 1103, June 22, 1937). of May 12, 1917 (40 Stat. 72), to mili-
A Government employee who is also tary leave of absence "without loss of
an officer of the Naval Reserve ordered pay, time, or efficiency rating" when or-
with his consent to pursue a course of dered to active duty for training, or for
instruction at the Army Industrial instruction, etc., for a period not to
College, a service school, is entitled to exceed 15 days in any one calendar year
15 days' military leave under the pro- whether the order be with or without
visions of section 9 of the Naval Re-| the officer's consent (18 Comp. Gen. 236,
serve Act of 1938 (20 Comp. Gen. 282, September 17, 1938). However, such a
November 26, 1940).
civilian employee is not entitled to mili-
Military leave for active duty with tary leave without loss of time or pay
the Civilian Conservation Corps.--Active when he is ordered for indefinite duty
duty of an Army Reserve officer with with the Regular Army in an emergency
the Civilian Conservation Corps is not (19 Comp. Gen. 513, November 21, 1939).
duty with troops or at field exercises, (See also 19 Comp. Gen. 686, January
or for instruction, within the meaning | 30, 1940.)
522 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
as
as
a
Naval Reserve members.-Under the exception of civilian employees of the
act of June 25, 1938 (52 Stat. 1175), a Coast Guard the nature of whose duties
civilian employee may be granted a max- would be substantially the same before
imum of 15 days' military leave in any and after enrollment, Federal employees
calendar year for "training duty" as a who are enrolled as such temporary
member of the Naval Reserve, whether members of the Coast Guard Reserve
ordered to such training duty with or
are authorized to serve on active duty
without his consent, but he is not en-
as such teinporary members without
loss of civilian compensation only dur-
titled to military leave with pay for 15
days as provided in section 9 of the ing periods outside of their regular tour
of civilian duty or during annual leave
Naval Reserve Act (see p. 519) for ac- of absence with pay. In other words,
tive duty other than for "training.” A the act does not authorize military leave
civilian employee member of the Naval of absence with pay for such employees
Reserve, on active duty other than for (decision, Comptroller General, June 3,
“training" under the act of June 25, 1944).*
1938, who has sufficient annual leave to Members of State defense organiza-
his credit to cover the required period tions.-Military leave of absence with
of absence from his civilian position, pay, which is granted civilian employees
may be paid the compensation of his of the United States under specific stat-
civilian position for such leave, as utory authority for the purpose of train-
well
his
pay
and allowances ing in the National Guard, etc., as pro-
Reservist (19 Comp.
Gen. spective members of the armed forces of
880, April 18, 1940; 20 Comp. Gen. 375, the United States for active duty, may
January 15, 1941).
not be granted members of a State de-
*Coast Guard Reserve. The act of fense organization created under au-
November 23, 1942 (56 Stat. 1021; 14 thority of the act of August 18, 1941 (55
Stat. 628), which prohibits members of
U. S. C., 1940 ed., supp. II, 307),
a State defense organization, created
authorizes the Commandant of the during the absence of the National
Coast Guard to enroll certain Govern-Guard on active duty as a part of the
ment employees as temporary members armed forces of the United States, from
of the Coast Guard Reserve "without being called into active military serv-
pay other than compensation of their ice as such members (23 Comp. Gen.
civilian positions." With the possible ! 92, August 11, 1943).
COURT LEAVE
Provided, That employees of the Government of the
United States or of the District of Columbia in active service who
are called upon to sit on juries shall not be paid for such jury service
but their salary shall not be diminished during their term of service
by virtue of such service, nor shall such period of service be deducted
from any leave of absence authorized by law (49 Stat. 682, August 22,
1935, amending title 18, section 360, of the Code of the District of
Columbia of 1929). 8
SECTION 1. The compensation of any employee of the United States
or of the District of Columbia who may be called upon for jury service
in
any
State court or court of the United States shall not be diminished
during the term of such jury service by reason of such absence,
except as provided in section 3, nor shall such period of service be
deducted from the time allowed for any leave of absence authorized
by law.
*
o Constitutionality of law afirmed in case of U. 8. v. Wood, 299 U. S. 123.
(July 12, 1944)
LEAVE OF ABSENCE
523
1
SEC. 2. Any employee specified in section 1 who may be called upon
for jury service in any court of the United States shall not receive
any compensation for such service.
SEC. 3. There shall be credited against the amount of compensa-
tion payable by the United States to any employee specified in section
1 for such period as such employee may be absent on account of jury
service in the court of any State any amounts which such employee
may receive from such State on account of such jury service (54 Stat.
689, June 29, 1940; 5 U. S. C. 1940 ed. 30n et seq.).
From and after the passage of this act employees of the Govern-
ment of the United States in active service who are called upon to
serve as witnesses on behalf of the District of Columbia in any court
proceeding in which the government of the District of Columbia inay
be a party and employees of the government of the District of Colum-
bia who are called upon to serve as witnesses on behalf of the United
States or the District of Columbia in any court proceeding in which
the Government of the United States or the government of the Dis-
trict of Columbia may be a party, shall not be paid witness fees for
such service, but the period of such service shall be without loss of
salary or compensation and shall not be deducted from any leave of
absence with pay authorized by law (55 Stat. 737, October 14, 1941;
5 U.S. C. 1940 ed., supp. II, 30n-1).
NOTES ON COURT LEAVE
Persons entitled to jury leave.-The However, where an employee is sum-
phrase "employee of the United States" moned for jury duty for an extended
appearing in the act of June 29, 1940, 54 term and is excused or discharged by
Stat. 689, means a regular permanent the court during such term for an in-
employee' of the United States excluding definite period subject to call by the
temporary, substitute, and "when ac- court or for a definite period in excess
tually employed" personnel (20 Comp. of one day, the "term" of such jury
Gen. 133, September 7, 1940; 20 Comp. service is regarded as having been cur-
Gen. 145, September 11, 1940). It in- tailed or reduced by the court to the
cludes postmasters of all classes (21 extent of the days for which the court
Comp. Gen. 191, September 3, 1941). has excused or discharged the employee
Duration of jury leave. The "term" from jury service, and for such days
of jury service for purposes of the act court or jury leave of absence with pay
of June 29, 1940, may be determined as is not authorized (20 Comp. Gen. 181,
extending from the date stated in the October 1, 1940).
summons on which the officer or em- Postponement of furlough or separa-
ployee is required to report to the court tion date to grant leave for witness or
until he is discharged by the court. jury duty.-See notes, p. 517.
The number of hours per day or days *Rate of compensation during absence
per week he actually serves on the jury for jury duty.—Per diem and per hour
during the period is immaterial. (See employees subject to the forty-hour
20 Comp. Gen. 131, September 6, 1940.) I week statute of March 28, 1934 (see
(July 12, 1944)
524 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
as
page 464), who, under the present work | be made even though the employee, un-
schedule, are required to work regularly der State law, was not otherwise reim-
sis eight-hour days per week, instead bursed for expenditures from personal
of the five days required under normal funds for transportation and subsistence
conditions, for which overtime rates of en route to answer the jury summons
compensation are paid in accordance (21 Comp. Gen. 1148, June 30, 1942).
with the statute for the sixth day of Appearance as witness for the Federal
work, may be paid overtime compensa- Government.-Under the provisions of
tion for a sixth day of the week on section 850, Revised Statutes (28 U. S. C.
which they are required to serve on a | 1940 ed. 603), it has been held that a
jury (decision, Comptroller General, Government employee who in obedience
May 30, 1944).*
to a subpoena or direction by proper au-
Prohibition against receipt of com- thority appears as a witness for the
pensation for jury service in Federal Government in court proceedings is not
courts.-Section 2 of the act of June to be regarded as on leave of absence
29, 1940, does not preclude allowing with pay but should be treated as in the
to employees serving as jurors the performance of duty under his employ-
mileage payments and meals and lodg- ment (19 Comp. Gen. 716, February 9,
ing in kind authorized by law for 1940, citing 4 Comp. Gen. 91, July 19,
jurors, in addition to their regular | 1924, and 7 Comp. Gen. 690, May 2,
compensation employees of
the 1928).
United States, but does preclude pay- The prohibition in section 850, Re-
ment of the per diem allowance for vised Statutes, against the payment of
each day's attendance in court and for "other compensation in addition to his
travel time prescribed by section 2 of salary” to a Government employee while
the act of April 26, 1926 (20 Comp. acting as a Government witness is not
Gen. 145, September 11, 1940). Em to be regarded as a restriction upon em-
ployees who are in a nonpay status ployees who serve without compensation
when called for jury service, or who under special authority (21 Comp. Gen.
are not entitled to leave and must em- | 886, March 20, 1942). An officer or em-
ploy substitutes while serving as jurors, ployee receiving nominal compensation
are not subject to section 2 of the of $1 per annum, however, would not be
statute, and are entitled to the per entitled to any fee or compensation in
diem of $1.00 for each day's attendance addition to his $1 a year salary, al-
in court and for time necessarily oc- though he would be entitled to reim-
cupied in going to and from court, bursement for traveling expenses or
provided in title 28, section 600 (b) mileage and per diem in lieu of sub-
of the United States Code (20 Comp. sistence under section 850 (22 Comp.
Gen. 276, November 22, 1940).
Gen. 743, February 4, 1943).
Deductions from fees for jury serv- When a member of the armed forces
ice in State courts.-In
case is summoned to testify for the United
should the amount collected or de states in a civil (as distinguished from
ducted under section 3 of the act of a military) proceeding as to matters
June 29, 1940, on account of jury fees which constituted a part of his official
received by the employee exceed the duties while serving as an employee of
amount of salary or compensation another department, he is not entitled
otherwise payable to the employee for to any fee or compensation in addition
the period of his absence on account to his compensation for service in the
of jury service (20 Comp. Gen. 209, armed forces, although he is entitled to
October 24, 1910). (See also 20 Comp. reimbursement for traveling expenses or
Gen. 145, September 11, 1940, and 20 mileage and per diem in lieu of subsist-
Comp. Gen. 550, March 24, 1941.)
ence under section 850 of the Revised
The deduction from jury fees must / Statutes. Such reimbursement should
по
(July 12, 1944)
LEAVE OF ABSENCE
524.01
as
а
be made from appropriations of the De- | not entitled to fees or traveling expenses
partment of Justice, and not from those from the funds of the employing agency;
of the department concerned (22 Comp. and may retain any fees and allowances
Gen. 1074, June 4, 1943).
payable to witnesses generally for ap-
*Formerly, the traveling expenses of pearance before the court. The same is
Federal personnel called to testify on true of salaried employees when sub-
behalf of the United States were, in gen- penaed to testify as individuals, rather
eral, payable from appropriations of the than in their official capacity; but where
employing agency (as distinguished the value of the salaried employee's
from those of the Department of Jus- testimony as a witness in private litiga-
tice) only where the information re- tion arises from his official capacity and
garding which testimony was given had he is subpenaed solely because of and to
been gained through investigative activ- | testify in that capacity, he may be
ities of the employee in the regular regarded in duty and pay
course of his employment. This rule status during the period of his neces-
has been modified by the act of Decem- sary absence in responding to such
ber 24, 1942 (56 Stat. 1088; 28 U. S. C. subpena. No witness fee is payable
1940 ed. 604), amending section 850, to such employee by the United States,
Revised Statutes, so as to permit such and no travel expenses are payable by
payment where it is clearly shown that the employing agency, as such.
the information regarding which testi-
Salaried employees who are sub-
mony on behalf of the United States is penaed to testify in their official ca-
given was gained through actual per- pacity before State courts in behalf of
formance of the employee's regular a private party are required to col-
duties, even though no investigative lect all authorized witness fees and al-
duties were involved (23 Comp. Gen. 658, lowances and deposit any amount so
March 8, 1944).
collected in excess of their actual ex-
Appearance as witness for private penses as to the credit of miscellane-
party.—The rulings set forth in the pre- ous receipts. Such accounting is not
ceding note apply to cases where Gov- required where the employee is sub-
ernment employees are subpenaed to penaed to give such testimony before a
testify as witnesses for the Govern- United States court and receives no
ment. They do not apply to cases where emolument from any source other than
such employees are subpenaed in private his regular salary and any travel ex-
litigation or by some party other than penses which may be payable under
the Government. In cases of the latter Federal statute by the Justice Depart-
type, uncompensated employees are not ment (23 Comp. Gen. 628, February
to be regarded as in a duty status; are 126, 1944).*
(July 12, 1944)
1
:
JK
63ZCIVIL SERVICE ACT AND RULES TRANSMITTAL SHEET NO. 4
July 19, 1944
.A 22
These sheets should be torn or cut apart along
the perforations and substituted as indicated on the
back of this
page for pages of the main loose-leaf
Copy. The manner of inserting them is explained on
page XX at the front of the book. When the insertion
has been completed, the date of filing should be
noted on the "Filing Record" at the front of the
book, and this page should be inserted immediately
behind Transmittal Sheet No. 3.
When this filing is completed, pages 4 to 42.02,
299 to 314, and 461 to 525 will be up to date as of
July 19, 1944.
18
Remarks
page 26.
Additions have been made on pages 299, 311, 461,
463,
464, 464.01, 469, 469.01, 474, 474.01, 475,
475.01, 476, 476.01, and 478.
Material has been deleted as indicated on page
476.
Material has been changed on pages 18, 299, 463,
464, 471, 479, and 480.
Pages 26 and 27 have been reprinted to correct
a typographical error in the second paragraph on
The edition date of page 26 has been
changed to avoid confusion between the correct and
incorrect pages, but the old stars have been retained
on both pages.
Changes have been made on pages 18 and 299 to
reflect the expiration of the old and enactment of
the new annual appropriation acts. The deletion on
page 476
was the result of the enactment of the law
quoted on page 469.01, which superseded prior deci-
sions of the Comptroller General on this subject.
Some of the new material on pages 479 and
480 was
transferred from page 500.
It is believed that the nature of all other
changes will be obvious
upon comparison of the old
with the new pages.
:
TRANSMITTAL SHEET NO. 4 (JULY 19, 1944)
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III
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311
312
461
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Note: --Pages of the October 31, 1943, edition bear no
edition date in the lower outside corner.
DEPOSITED BY THE
UNITED STATES OF AMERICA
AUTHORITY FOR RULES AND REGULATIONS
17
AUG 24'
for manpower in the civilian service or would conflict with policies or
directives of the War Manpower Commission. 12
IX. The Civil Service Commission is authorized and directed to
adopt such measures and take such action as may be necessary or
appropriate to carry out the provisions of this directive and to insure
that the reemployment provisions set forth in paragraph IV of this
directive are given full force and effect.
X. This Directive shall become effective on and after September
27, 1942.
XI. This Directive may be cited as the "Directive with Respect te
the Transfer and Release of Government employees.”
NOTES ON THE ORGANIZATION OF THE COMMISSION
Civil Service Commissioners.-Under | under the direction of regional direc-
the provisions of section 1 of the Civil tors, in thirteen of the Nation's prin-
Service Act, the Civil Service Commis- cipal cities. The location of these of-
sion is constituted of three Commis- fices, and the territory served by each, is
sioners, appointed by the President by shown in the Commission's Form 2304.
and with the advice and consent of the During the war emergency, a number
Senate, and removable by him. Not of branch regional offices have been es-
more than two of the Commissioners tablished, and regional directors have
may be adherents of the same political placed special representatives in many
party. None may hold any other of important Government establishments
ficial place under the United States. / or recruiting centers.
The salaries of the Commissioners have Boards of United States civil-service
been fixed at $10,000 each per annum examiners.—Section 3 of the Civil Sery-
by section 8 of the Ramspeck Act of ice Act provides that "the Commission
November 26, 1940 (54 Stat. 1216). shall, at Washington, and in one or
Executive Director and Chief Exam- more places in each State and Terri-
iner.-Next in authority to the Commis- tory where examinations are to take
sioners is the Executive Director and place, designate and select a suitable
Chief Examiner, who is appointed by number of persons, not less than three,
them (see 37 Op. Atty. Gen. 227, August in the official service of the United
12, 1933). The office was established, States, residing in said State or Ter-
under the title "chief examiner”, by ritory, after consulting the head of
section 3 of the Civil Service Act. The the department or office in which such
salary of the Executive Director and persons serve, to be members of boards
Chief Examiner has been fixed at $9,500 of examiners, and may at any time sub-
per annum by section 8 of the Ram- stitute any other person in said serv-
speck Act of November 26, 1940 (54 ice living in such State or Territory
Stat. 1216).
in the place of anyone so selected.”
Regional offices of the Commission.- Section 1 of civil-service rule IV, which
For faster and more convenient service is not superseded by the war-service
to Federal offices outside the District regulations, provides that such board
of Columbia, and for better supervision members "shall perform such duties as
of its own field activities, the Commis- the Commission may direct, in connec-
sion has established regional offices, / tion with the execution of the Civil
For regulations on granting of releases to employees, see war-service regulation X,
p. 89, and section 4 of war-service regulation IX, p. 34.
18
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
Service Act and these rules, and in the provide that a recorder shall not par-
performance thereof they shall be under ticipate in the rating of papers.
the direct and sole control of the Com- Assignment of board member.—The
mission. Such duties shall be consid-Commission may assign a menber of
ered part of the duties of the office in a board of examiners to any appropri-
which they are serving and time shall ate duties in execution of the act and
be allowed therefor during office hours. rules, and such assignment may be for
No such board shall be composed solely duty at his headquarters or temporarily
of adherents of one political party away therefrom
therefrom (opinion, Attorney
when other persons are available and General, June 30, 1914).
competent to serve.”
Authority to administer oaths. See
Section 1 (b) of civil-service rule IV note, p. 108.
provides as follows:
Details to or within Commission's
“Where qualified special examiners force.—The act of *June 27, 1944 (Pub-
are not available in the Federal service, lic Law 358, 78th Cong.),* provides as
the Commission may designate indi- follows:
viduals outside the service specially "No details from any executive de-
qualified by experience and training, partment or independent establishment
and of outstanding reputation in their in the District of Columbia or else-
own field, to serve on a board of examin- where to the Commission's central of-
ers for a particular examination, and fice in Washington or to any of its re-
may compensate them for such service gional offices shall be made during the
on a per-diem basis."
fiscal year ending June 30, *1945,* but
Official status of board members. this shall not affect the making of de
The boards of civil-service examiners tails for service as members of the
are selected by the Civil Service Com-boards of examiners outside the im-
mediate offices of the regional direc-
mission, and though subordinate to the
tors, *nor shall it affect the making of
Commission, may properly be regarded details of persons qualified to serve as
as officials of the respective departments expert examiners on special subjects :*
in connection with which they act (20 Provided further, that the Civil Service
Op. Atty. Gen. 557, Mar. 31, 1893). Commission shall have power in case of
Recorders of Navy labor boards.- emergency to transfer or detail any of
Recorders of labor boards at naval es- its einployees to or from its office or field
tablishments are members of their re- force."
spective boards (minute of Commis- Council of Personnel Administra-
sion, Dec. 29, 1931). The regulations | tion.--See page 400.
NOTES ON THE SCOPE AND CONTENT OF THE CIVIL-SERVICE RULES
Validity of rules and regulations.-- | the power to make rules and regulations
Where an act of Congress, establisbing within certain limits which, when made,
a general system, confers on the Presi- will have the force of law.
dent the authority to do a specific act But if any rule prepared by this Com-
for the purpose of perfecting the means mission, whether published by the Presi-
by which that system shall be carried dent or not, should have the effect of
into effect, the act of the President, when repealing or modifying an act of Con-
performed according to the terms of the gress, it would be an act of legislation
statute, has all the validity and author- and not a regulation of a mere executive
ity of the statute itself (10 Op. Atty. character, which it was clearly the ob-
Gen. 469, March 19, 1862).
ject of this law to authorize.
It is a
There can be no doubt as to the power grave question whether Congress could
of Congress or any other legislative body delegate to the President, or to any board
to delegate to subordinate authorities of commissioners jointly with the Presi-
(July 19, 1944)
WAR SERVICE REGULATIONS
26
(f) Publicity.24_No department or agency of the Government shall
give any publicity to its needs or prospective needs for personnel
through the press, in periodicals, trade or professional journals,
over the radio, or otherwise, without the express prior approval of
the Commission or its authorized representatives, and, after such
approval, only in accordance with the applicable directives and pro-
cedures of the Office of War Information. This subparagraph shall
apply to all positions which are subject ** to the War Service Regula-
tions or to the Civil Service Act and Rules.
(9) Furnishing of names.28_Upon receipt of a request for names of
qualified persons, the Commission *shall certify from the head of the
appropriate list of eligibles a number of persons sufficient to permit
the nominating or appointing officer to consider three names in connec-
tion with each vacancy: Provided, That no certification shall be made
from a competitive list of eligibles, except of ten-point preference
eligibles, when there are three or more names of eligibles granted five-
or ten-point preference under these regulations on the War Reemploy-
ment List who are qualified and available for the position to be filled.
The eligibles supplied by the Commission will not include the names
of persons suggested by the appointing officer unless such persons are
within reach for certification in accordance with these regulations.*
The Commission will not normally certify the name of a person pro-
posed by an agency unless and until it has had a minimum period of
two weeks in which to certify qualified applicants in response to the
requisition. Under emergency circumstances, the Commission may
shorten the time period specified in the preceding sentence, and the
Commission may require a longer time period in the event of doubt
as to the qualifications of the proposed appointee and in the temporary
absence of other **qualified candidates.
Whenever public announcement is made of a special competitive
examination for filling a particular vacancy in which the statement
is made that the register will expire upon appointment to the par-
ticular vacancy, such vacancy may not thereafter be filled noncom-
petitively by promotion, transfer, *reappointment,* or otherwise.
Applications for such examination, however, may be accepted by the
Commission from persons who are currently in the Federal service, or
who have a status for reappointment to such service, and who are
specially recommended by the appointing officer at any time before
appointment is made to the vacancy involved. The qualifications of
such persons will be rated under the competitive standards observed in
the examination, and their names will be entered on the register and
certified as if they had originally filed an application in the competitive
examination.
24 See note on p. 47.
*
*
*
20 Based on sections 8 and 15 of the Veterans' Preference Act of 1944 (Public Law
359, 78th Cong., June 27, 1944 ; p. 10). See also notes on filling requisitions for personnel,
pp. 72 to 76:7
*
*
*
(July 19, 1944)
27
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
(h) Return of requisitions.—Whenever a requisition for personnel
from any department or agency specifies qualifications which are, in
the judgment of the Commission, too exacting in the light of the
requirements of the job and of present labor market conditions, the
Commission will return the requisition. In returning such requisi-
tions, the Commission will indicate its willingness to work out with
the department or agency concerned some other solution of its need
for personnel, such as the development of a suitable training pro-
gram and the recruitment of necessary trainees for such a program.
(i) Direct recruiting 28-The Commission may, upon agreement with
the department or agency concerned, recruit persons directly for the
filling of specific vacancies.
Sec. 2. Sex.-Requisitions for personnel shall be filled without
regard to sex unless sex desired is specified by the appointing officer.
Sec. 3. Apportionment.29_In filling requisitions for appointment
in the departmental service of the departments or independent offices
procedures shall be followed which will maintain, as nearly as the
conditions of good administration warrant, the apportionment of
appointments among the several States and Territories and the
District of Columbia upon the basis of population, but the names of
eligibles who have been granted military preference shall be supplied
without regard to apportionment: Provided, That appointments to
the following positions shall not be so apportioned:
(a) In all departments and offices: All positions for which the
entrance salary is $1,440 or less per annum and all positions of tele-
phone operators, artisan positions in a recognized trade, craft, or
skilled (manual) occupation, helpers and apprentices in such occupa-
tions, and other subordinate employees, including laborers, in manual
occupations and including foremen of laborers, and other foremen
and supervisory artisan positions the incumbents of which are re-
quired, in the performance of their duties, to have knowledge of the
trades, crafts, or skilled occupations.
(6) In the Government Printing Office, mail-equipment shops, local
offices in the District of Columbia, field service of the military staff
departments and at Army headquarters: All positions.
Sec. 4. Selection.30—The nominating or appointing officer shall, with
sole reference to merit and fitness, make selections for appointment
*to each vacancy from not more than the highest three names available
for appointment on the certificate: Provided, That the appointing
officer need not consider any nonpreference eligible who has been
within his reach for three separate vacancies or against whom objec-
tions shall be made and sustained for any of the reasons stated in
*
*
☆
*
28 See notes on this subject on p. 48.
20 See notes on this subject, pp. 79 to 81.
80 Based on section 8 of the Veterans' Preference Act of 1944 (Public Law 359, 78tb
Cong., June 27, 1944 ; p. 10). See also notes on this subject, pp. 85 to 116.*
(July 3, 1944)
SCHEDULE A
299
28
VI. DEPARTMENT OF JUSTICE
1. Director and three assistant directors of prisons:
2. Two private secretaries or confidential assistants to the Attorney General,
and one to each of the following: Assistant to the Attorney General, Solicitor
General, Assistant Solicitor General, and each Assistant Attorney General.
3. One chauffeur for the Attorney General.
4. Eight positions in the immediate office of the Attorney General in addition
to those excepted under paragraph 2 of this subdivision.
5. Members of the board of parole.
6. All positions in the Federal Bureau of Investigation.29
7. One private secretary to the Commissioner of Immigration and Naturaliza-
tion.
8. Federal Prison Industries, Inc.: The Commissioner of Industries.
9. Three Deputy Commissioners of Immigration and Naturalization.
10. Court reporters employed by courts outside continental limits of the United
States.
11. Deputy United States marshals paid on a fee basis.
12. Positions of bailiff in the United States courts.
31
814
VII. POST OFFICE DEPARTMENT
1. Two private secretaries or confidential assistants to the Postmaster General,
one to each Assistant Postmaster General, and one to the Solicitor of the Post
Office Department.
2. One private secretary or confidential assistant to the head of each bureau
(or office) in the Post Office Department in Washington, D. C., who is appointed
by the President.
3. All employees in post offices of the third and fourth class, except postmasters
and village delivery carriers.
4. One chauffeur for the Postmaster General.
5. Five special assistants to the Postmaster General.
6. Substitute rural carriers.
7. Special delivery messengers.
8. Unskilled laborers employed as janitors and cleaners at a compensation less
than $720 per annum.
9. The Solicitor of the Post Office Department.
10. Fourth-class postmasters in the Hawaiian Islands.*
28 See excepted positions in this Department under heading "Entire Executive Civil
Service.”
29 Appointments to positions in the Federal Bureau of Investigation, other than finger-
print classifiers, which were made between February 1, 1939, and July 1, 1939, have been
approved under section 4 of Executive Order No. 7916 June 24, 1938. The persons so
appointed did not acquire a classified status (Commission's minute 3 of July 15, 1940).
Since July 1, 1939, these positions have been excepted under Schedule A, subdivision VÍ,
*Executive Order 9428 authorizes the classification, subject to certain requirements
specified in the order, of persons appointed as fingerprint classifiers in the Federal Bureau
of havestigation between August 21, 1939, and June 3, 1941, inclusive, and not otherwise
eligible to acquire a classified status because selection from the certificate of eligibles
issued by the Civil Service Commission was not in accordance with the provisions of
civil-service rule VII.*
The Department of Justice Appropriation Act, 1945 (Public Law 365, 78th Cong.,
June 28, 1944),* contains the following proviso : "None of the funds appropriated for the
Federal Bureau of Investigation shall be used to pay the compensation of any civil-service
employee.
50 See excepted positions in this Department under heading "Entire Executive Civil
Service."
81 The Attorney General has held in an opinion of October 17, 1938 (39 Op. Atty. Gen. 194),
that the positions excepted under this paragraph cannot be included in the classified service
by Executive order.
8in For the duration of the war and six months thereafter, janitors and cleaners in
small postal units in leased quarters may be appointed without regard to competitive
requirements where the compensation is less than $1,200 per annum (čommission's minute
1 of June 29, 1943).*
82 As amended by Executive Order 9298, February 2, 1943.
83 As amended by Executive Order 9394, November 4, 1943. Appointments to these
positions between January 31, 1939, and November 4, 1943, have been approved ander
section 4 of Executive Order No. 7916, June 24, 1938 (Commission's minute 2 of October
25, 1943).
Par. 6.
(July 19, 1944)
300 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
VIII. DEPARTMENT OF THE INTERIOR 84
1. Two private secretaries or confidential assistants to the Secretary of the
Interior and one to each Assistant Secretary of the Interior.
2. One chauffeur for the Secretary of the Interior.
3. Office of the Secretary: One assistant to the Secretary.
4. Engineers, geologists, economists, architects and appraisers in a consulting
or advisory capacity for temporary, part-time, or intermittent employment.
Employments under this paragraph shall not exceed four months in any one
calendar year, unless prior permission is given by the Commission for the
extension of an additional four months.
5. Positions in the Bureau of Indian Affairs, Washington, D. C., and in the
field, when filled by the appointment of Indians who are of one-fourth or more
Indian blood.86
6. One private secretary or confidential assistant to the head of each bureau
in the Interior Department who is appointed by the President, and one each to
the Governors of Alaska, Hawaii, Puerto Rico, and the Virgin Islands.
7. All employees of the Neopit Lumber Mills on the Menominee Indian Reser-
vation in Wisconsin.
8. Agricultural extension agents and home demonstration agents employed in
field positions in the Indian Service, the work of which is inanced jointly by the
Indian Service and cooperating persons, organizations or governmental agencies
outside the Federal service.
9. Local physicians and dentists employed in the Indian Service on a part-time
or fee basis or under contract, when, in the opinion of the Commission, the estab-
lishment of registers is impracticable.
10. Temporary, intermittent, or seasonal positions in the National Park Serv-
ice when filled by the appointment of persons who are certified as maintaining
a permanent and exclusive residence within, or contiguous to, a National Park
and as being dependent for livelihood primarily upon employment available
within the National Park, subject to the approval of the Commission.
84 See excepted positions in this Department under heading "Entire Executive Civil
Service."
25 These positions, if occupied by such Indians, were not brought into the classified
service by the Ramspeck Act and Executive Order No. 8743, regardless of the source of
funds from which paid (Commission's minute 2 of October 29, 1942).
An act of June 18, 1934 (48 Stat. 986, 988; 25 U. S. C. 1940 ed. 472, 479), provides as
fallows :
"SBC. 12. The Secretary of the Interior is directed to establish standards of health, age,
character, experience, knowledge, and ability for Indians who may be appointed, without
regard to civil-service laws, to the various positions maintained, now or hereafter, by the
Indian Office, in the administration of functions or services affecting any Indian tribe.
Such qualified Indians shall hereafter have the preference to appointment to vacancies
in any such positions.
"SEC. 19. The term 'Indian' as used in this act shall include all persons of Indian descent
who are members of any recognized Indian tribe now under Federal jurisdiction, and all
persons who are descendants of such members who were, on June 1, 1934, residing within
the present boundaries of any Indian reservation, and sball further include all other
persons of one-balf or more Indian blood. For the purposes of this act, Eskimos and other
aboriginal peoples of Alaska shall be considered Indians. The term 'tribe' wherever used
in this act sball be construed to refer to any Indian tribe, organized band, pueblo, or the
Indians residing on one reservation
36 Between February 1, 1939, and September 6, 1940, such appointments were made
under par. 1 (a) of Executive Order No. 8044, January 31, 1939 (Commission's minute 6 of
July 3, 1940).
The phrase "contiguous to a National Park" is construed as meaning within commuting
distance of the park, or as covering the same area within which examination announce-
ments are given local publicity (Commission's minute 2 of October 2, 1940, as amended by
Commission's minute 4 of October 14, 1940).
SCHEDULE A
311
71
8. Public Health Service: Professional, technical, or scientific specialists when
employed on a fee basis or part-tiine basis as cousultants in counection with
problems in preventive medicine, such appointments to be subject to the prior
approval of the Commission.
9. Public Health Service: Internes (medical and dental).
10. Public Health Service: Research associates holding fellowships for a fixed
term of service in the National Institute of Health under the act approved May
26, 1930. The qualifications for such research associates shall be subject to
approval by the Commission.
11. Public Health Service: One position of cook (oriental style), one position
of kitchenman-waiter, and one position of attendant-messenger-interpreter at the
Immigration Hospital, Angel Island, California."
12. Freedman's Hospital: Pupil nurses, internes, and resident physicians.
13. St. Elizabeth's Hospital: Visiting physicians and organist."
14. Food and Drug Administration : Professional, technical or scientific spe-
cialists when enployed intermittently for short periods, not to exceed a total
of 60 days in any one year, as members of the Standards Committee for duty
in connection with the formulation of definitions and standards of identity and
quality for food products, or as consultants upon problems in their specialized
fields having to do with the enforcement of the Food, Drug and Cosmetic Act.
15. National Youth Administration : All positions."
16. Public Health Service: Members of the National Advisory Health Council.
17. Public Health Service: Members of the National Advisory Cancer Council.
18. Public Health Service: Trainees in cancer research.
19. Public Health Service: Research Fellows appointed under section 5 (b)
of the act of August 5, 1937.720
20. Office of Education: Specialists engaged on a study of higher education
for Negroes.
XX. EMPLOYEES' COMPENSATION COMMISSION
1. One private secretary or confidential assistant to each Commissioner.
XXI. U. S. MARITIME COMMISSION
1. All positions on Government-owned ships operated by the U. S. Maritime
Commission.78
2. Twelve positions of Director of Division, and seven positions of Regional
Director.
3. One assistant to each member of the Commission and two assistants to the
Chairman of the Commission.
700 This act has been repealed and superseded by the act of July 1, 1944 (Public Law
410, 78th Cong.).*
70 During the period between February 1, 1939, and September 6, 1940, appointments to
these positions were made under par. 1 (a) of Executive Order No. 8044 of January 31,
1939 (Commission's minute 1 of December 20, 1939).
71 During the period between February 1, 1939, and September 6, 1940, appointments to
these positions were made under par. 1 (a) of Executive Order No. 8044 of January 31,
1939 (Commission's minute 1 of June 8, 1939).
72 All positions in the National Youth Administration were excepted during the fiscal
year ending June 30, 1943, by the act of July 2, 1942 (56 Stat. 573), making appropria-
tions the unexpended balances of which have been continued available, within certain
limitations, by the acts of July 12, 1943 (57 Stat. 518), *of December 23, 1943 (53 Stat.
615), and of June 28, 1944 (Public Law 373, 78th Cong.).* The National Youth Admin-
istration has been transferred to the War Manpower Commission by Executive Order 9247,
September 17, 1942. Its liquidation not later than January 1, 1944, was required by the
act of July 12, 1943, just cited. *Funds to carry out such liquidation have, however, been
continued available until June 30, 1945, by the acts cited above.*
*72This act has been repealed and superseded by the act of July 1, 1944 (Public Law
410, 78th Cong.).*
78 These positions were transferred to the War Shipping Administration by Executive
Order 9054, February 7, 1942.
600840-44 -2
(July 19, 1944)
312 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
4. Ten special assistants to the United States Maritime Commission.
5. The Secretary of the Commission.
6. The General Counsel.
7. One private secretary or confidential assistant to each Commissioner and to
the General Counsel.
8. The Executive Director.
9. The Financial Assistant to the Chairman.
XXII. FEDERAL POWER COMMISSION
1. One private secretary and one confidential assistant to each Commissioner.
2. A secretary to the Commission.
3. Consultants, experts and special counsel whose employments and compensa-
tion are fixed by contract within the limits of special funds appropriated by
Congress for this purpose.
XXIII.
SECURITIES AND EXCHANGE COMMISSION
1. One private secretary or confidential assistant to each member of the
Commission.
2. One General Counsel.
3. Director of Trading and Exchange Division, Director of Public Utilities
Division, Director of Registration Division, Director of Reorganization Division,
and Director of Investment Companies Division.
4. One Chief Accountant.
5. One Foreign Expert,
XXIV. NATIONAL RAILROAD ADJUSTMENT BOARD
1. One private secretary or confidential assistant to each member of the Board.
XXV. NATIONAL CAPITAL PARK AND PLANNING COMMISSION
1. Architectural or engineering consultants, land appraisers and land purchas
ing officers for temporary, intermittent, or part-time service.
XXVI. FEDERAL DEPOSIT INSURANCE CORPORATION
1. One private secretary or confidential assistant to each member of the Board
of Directors.
2. All field positions concerned with the work of liquidating the assets of closed
banks or the liquidation of loans to banks, and all temporary field positions
the work of which is concerned with paying the depositors of closed insured banks.
XXVII. ADVISORY COMMISSION TO COUNCIL OF NATIONAL DEFENSE
1. One private secretary or confidential assistant to each member of the
Advisory Commission to Council of National Defense.
XXVIII. ALLEY DWELLING AUTHORITY
1. The Executive Officer of the Alley Dwelling Authority.
XXIX. INLAND WATERWAYS CORPORATION
1. For the duration of the war and six months thereafter, all positions in or
under the Inland Waterways Corporation.
76
74 The name of the Alley Dwelling Authority was changed to "National Capital Hous-
ing Authority" by Executive Order No. 9344 of May 21, 1943.
78. As amended by Executive Order 9333 of April 19, 1943,
HOURS OF LABOR
461
in
the District of Columbia, is hereby limited and restricted to 8 hours
any 1 calendar day; and it shall be unlawful for any officer of the
United States Government or of the District of Columbia, or any
such contractor or subcontractor whose duty it shall be to employ,
direct, or control the services of such laborers or mechanics or of such
persons employed to perform services similar to those of laborers and
mechanics in connection with dredging or rock excavation in any river
or harbor of the United States or of the District of Columbia, to re-
quire or permit any such laborer or mechanic or any such person
employed to perform services similar to those of laborers and mechanics
in connection with dredging or rock excavation in any river or harbor
of the United States or of the District of Columbia, to work more
than 8 hours in any calendar day, except in case of extraordinary emer-
gency:* Provided, That nothing in this act shall apply or be con-
strued to apply to persons employed in connection with dredging or
rock excavation in any river or harbor of the United States or of the
District of Columbia while not directly operating dredging or rock ex-
cavating machinery or tools, nor to persons engaged in construction or
repair of levees or revetments necessary for protection against floods
or overflows on the navigable rivers of the United States.5
+ In a case in the district of Massachusetts, Judge Dodge defined the phrase "in case of
extraordinary emergency" as follows: "An extraordinary emergency, such as is contem-
plated by the act, is the sudden, unexpected happening of something not of the usual,
customary, or regular kind, demanding prompt action to avert imminent danger to life,
lirab, health, or property. The possibility of danger is not enough. The peril must be
certain, unusual, imminent, and actual in order to constitute an extraordinary emergency
such as the statute contemplates." Judge Dodge also ruled that probable pecuniary loss
to the contractor, unless due to an extraordinary emergency as defined above, is only an
ordinary business risk (circular letter, October 31, 1906, from Attorney General to United
States attorneys).
• See also section 206 of the act of June 16, 1933 (48 Stat. 195, 204 ; 40 U. S. C. 1940 ed.
406), to provide for the construction of useful public works, etc.
Executive Orders Nos. 8198, July 11, 1939; 8293, Nov. 30, 1939; 8623, Dec. 31, 1940;
8797, June 18, 1941 ; 8859, Aug. 20, 1941; and 9231, Aug. 20, 1942, suspend the provisions
of the act as to certain employments in certain locations, all of them outside the con-
tinental United States. In addition, the act has been suspended by Executive Orders Nos.
8848 of August 8, 1941, and 9290 of December 28, 1942, as to laborers and mechanics
employed by the War Department on any public work within the United States which is
essential to the prosecution of the war; by Executive Order No. 9360 of July 7, 1943, as
extended by Executive Order 9368 of August 9, 1943, as to laborers and mechanics em-
ployed by the Department of the Interior on any public work within the United States or
the Territory of Alaska which is designated by the Secretary of the Interior as essential to
the prosecution of the war; by Executive Order 9401, December 7, 1943, as to laborers
and mechanics employed by the Department of Agriculture (including the War Food
Administration) on any public work within the United States which is designated by the
Secretary of Agriculture or the War Food Administrator as essential to the prosecution of
the war; *by Executive Order 9441, May 11, 1944, as to laborers and mechanics employed
by the Veterans' Administration on any public work within the United States which is
essential to the prosecution of the war ;* and by Executive Order No. 9251 of October 3,
1942, as to laborers and mechanics employed by the Civil Aeronautics Administration and
engaged in the construction of public works necessary for the successful prosecution of
the war. The suspension under the last order applies only to works specified by the
Administrator of Civil Aeronautics as requiring, in the interests of the war effort, work
in excess of 8 hours per day.
Executive Order No. 9301 of February 9, 1943, provides as follows:
"1. For the duration of the war, no plant, factory or other place of employment shall
be deemed to be making the most effective utilization of its manpower if the minimum
workweek therein is less than 48 hours per week.
(July 19, 1944)
462 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
Any officer or agent of the Government of the United States or
of the District of Columbia, or any contractor or subcontractor whose
duty it shall be to employ, direct, or control any laborer or mechanic
employed upon a public work of the United States or of the District
of Columbia, or any person employed to perform services similar to
those of laborers and mechanics in connection with dredging or rock
excavation in any river or harbor of the United States or of the Dis-
trict of Columbia, who shall intentionally violate any provision of-this
act, shall be deemed guilty of a misdemeanor, and for each and every
such offense shall, upon conviction, be punished by a fine not to exceed
$1,000, or by imprisonment for not more than 6 months, or by both such
fine and imprisonment, in the discretion of the court having jurisdic-
tion thereof (27 Stat. 340, August 1, 1892, as amended by the act of
March 3, 1913, 37 Stat. 726; 40 U. S. C. 1940 ed. 321, 322).*
“2. All departments and agencies of the Federal Government shall require their con-
tractors to comply with the minimum workweek prescribed in this order and with policies,
directives, and regulations prescribed hereunder, and shall promptly take such action
as may be necessary for that purpose.
“3. The Chairman of the War Manpower Commission shall determine all questions of
interpretation and application arising under this order and shall formulate and issue such
policies, directives, and regulations as he determines to be necessary to carry out this
order and to effectuate its purposes. The Chairman of the War Manpower Commission
is authorized to establish a minimum workweek greater or less than that established in
section 1 of this order or take other action with respect to any case or type of case in which
he determines that such different minimum workweek or other action would more effectively
contribute to the war effort and promote the purposes of this order.
“4. All departments and agencies of the Federal Government shall comply with such
policies, directives, and regulations as the Chairman of the War Manpower Commission
shall prescribe pursuant to this order, and shall so utilize their facilities, services, and
personnel, and take such action under authority vested in them by law, as tbe Chairman
determines to be necessary to effectuate the purposes of this order and promote com-
pliance with its provisions.
"5. Nothing in this order shall be construed as superseding or in coniict with any
Federal, State or local law limiting hours of work or with the provisions of any individual
or collective bargaining agreement with respect to rates of pay for hours worked in
excess of the agreed or customary workweek, nor shall this order be construed as sug-
pending or modifying any provision of the Fair Labor Standards Act (act of June 25, 1938;
52 Stat. 1060; 29 U. S. C. 201 et seq.) or any other Federal, State or local law relating
to the payment of wages or overtime."
Voluntary instruction offered by certain employees of the Civilian Conservation Corps
to enrollees does not come within the purview of this act (39 Op. Atty. Gen. 322, August 8,
1939).
• Executive Order No. 7158-A of August 23, 1935, provides that "the heads of all
executive departments and other agencies of the Government having supervision of public
works of the United States or of the District of Columbia shall notify their representatives
in charge of such public works to report all cases in which contractors or subcontractors
or officers of the United States Government or the District of Columbia require or permit
any person in their employ or under their direction or control to work more than 8 hours
in any one calendar day" in violation of the provisions of this act, and that "Government
representatives in charge of public work shall report all such cases to the heads of their
respective departments or agencies, who shall refer all such cases to the Department of
Justice for appropriate action.'
The act of August 1, 1892, as amended, is not a compensation statute and does not
provide for payment for overtime. If, in cases of an extraordinary emergency, employees
are required to work more than 8 hours on any one calendar day, but are not required
to work in excess of 40 hours during the week, payment of overtime compensation is not
authorized (13 Comp. Gen. 265, April 6, 1934, and 22 Comp. Gen. 926, March 30, 1943).
HOURS OF LABOR
463
LENGTH OF BASIC WORKWEEK
[NOTE.-As to authority to establish a 5-day week, in general, see
notes on page 501. As to authority to require work on Sunday in the
departmental service, see section 7 of the act of March 15, 1898, on
page 460. The Saturday Half-Holiday Law of March 3, 1931 (46
Stat. 1482; 5 U. S. C. 1940 ed. 26a), has been suspended by section 6
of the act of May 7, 1943, which appears on page 467.]
POSTAL EMPLOYEES
When the needs of the service require *postmasters of the first, sec-
ond, and third classes,* supervisory employees, special clerks, clerks,
laborers,62 watchmen, and messengers, in first- and second-class post
offices, and employees of the motor-vehicle and pneumatic-tube serv-
ices, and carriers in the City Delivery Service and in the Village De-
livery Service, and employees of the Railway Mail Service, *post-office
inspectors and clerks at division headquarters of the post-office in-
spectors, employees of the Stamped Envelope Agency and employees
of the mail equipment shops; ? cleaners, janitors, telephone operators,
and elevator conductors, paid from appropriations of the First Assist-
ant Postmaster General; *employees of the Air Mail Service; em-
ployees upon the field roll of the Division of Equipment and Supplies*
and all employees of the Custodial Service except charwomen and
charmen and those working part time, to perform service on Saturday
they shall be allowed compensatory time for such service on one day
within five working days next succeeding the Saturday on which the
excess service was performed : 8 Provided, That employees who are
granted compensatory time on Saturday for work performed the pre-
ceding Sunday or the preceding holiday shall be given the benefits of
this act on one day within five working days following the Saturday
when such compensatory time was granted: Provided further, That
the Postmaster General may, if the exigencies of the service require
it, authorize the payment of overtime for Saturdays in lieu of com-
pensatory time, *any emoluments received pursuant to the act entitled
+62 The classification "laborer" in the Postal Service has been replaced by the classi-
fication "mail handler" (Public Law 259, 78th Cong., March 20, 1944).*
? Effective October 1, 1935, this act "shall be construed in its application to those em-
ployees of the mail-equipment shops covered therein to mean that the 40 hours per week
of labor established by the act shall be compensated for at the same rate which had hereto-
fore been allowed by law for 44 hours per week" (49 Stat. 1266, May 7, 1936).
8 Special clerks, clerks, and laborers, in first- and second-class post offices, and carriers
in the City Delivery Service may be scheduled for work on the same day they are granted
eompensatory time off from duty in lieu of work which was required on a preceding Satur-
day, and such time off may be included as a part of the regular 8-hour work day in deter-
mining the overtime compensation payable for work required on that day in addition to
the 8 hours thus computed, but both compensatory time off and overtime compensation may
not be allowed for the same period of the day (21 Comp. Gen. 853, March 11, 1942).
(July 19, 1944)
464 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
"An act to provide temporary additional compensation for employees
in the Postal Service", approved April 9, 1943, not to be considered as
part of the earned basic compensation : * And provided further,
That for the purpose of extending the benefits of this act to railway
postal clerks the service of said railway postal clerks assigned to road
duty shall be based on an average not exceeding 6 hours and 40 minutes
per day for 305 days per annum, including a proper allowance for all
service required on lay-off periods as provided in Post Office Depart-
ment circular letter numbered 1348, dated May 12, 1921; 10 and rail-
way postal clerks required to perform service in excess of 6 hours
and 40 minutes daily, as herein provided, shall be paid in cash at the
annual rate of pay or granted compensatory time, for such overtime.
* The act as printed above embodies two temporary amendments, as well as several
permanent amendinents. The first of the temporary amendments, made by the act of
March 27, 1942 (56 Stat. 188), is effective for the duration of the war and six months there-
after; the second, made by the act of June 12, 1944 (Public Law 334, 78th Cong.), is effec-
tive until June 30, 1945, or until such earlier time as the Congress by concurrent resolution
may designate.
The act of June 12, 1944, provides that in computing the overtime compensation the base
pay for one day shall be considered to be one three hundred and sixth of the respective per
annum salaries and the base pay for one hour shall be considered to be one-eighth of the
base pay so computed for one day. A special formula, however, is provided by the act for
computing the overtime compensation of post-office inspectors and postmasters of the first,
second, and third classes, whose workweek is fixed by the act at not less than 48 hours
per week.*
A postal employee of a class entitled to compensation at the overtime rate for service
required on Saturdays as a sixth day of work may not be granted compensatory time off
from duty on a Saturday for work on a preceding Sunday or holiday and paid compensation
at the overtime rate for the Saturday, on which no work is performed (23 Comp. Gen. 68,
July 29, 1943).
*Postal employees within the scope of the act quoted in the text who are required to work
on a holiday which occurs on a Saturday may either be granted compensatory time off from
duty or paid overtime for such work, notwithstanding the provision in 39 U. S. Code 118
which authorizes and requires the granting of compensatory time, rather than overtime
compensation, for work on a holiday (23 Comp. Gen. 475, December 31, 1913).
Per annum employees of the Post Office mail equipment shops within the purview of the
act cited in text, who are required regularly to work 48 hours a week, Monday through
Saturday, may be paid their regular compensation for Christmas Day, 1943-a Saturday-
on which day they did not work, provided they were in a pay status on Friday, December
24, 1943, and on Monday, December 27, 1943 (23 Comp. Gen. 538, January 25, 1944).*
10 In view of the provisions of the act of August 14, 1935, 49 Stat. 650, substitute railway
postal clerks, assigned to road duty, are entitled to a full day's credit for 6 hours 40
minutes' work on any one day in computing service for appointment or promotion purposes
(15 Comp. Gen, 298, October 14, 1935).
(July 19, 1944)
HOURS OF LABOR
464.01
*
SEC. 2.
And provided further, That the provisions of
this act shall not operate to furlough or dismiss any regular sub-
stitute.
SEC. 3. The act shall take effect October 1, 1935 (act of August
14, 1935, 49 Stat. 650, as amended by the acts of May 7, 1936, 49 Stat.
1266; August 16, 1937, 50 Stat. 651; May 12, 1939, 53 Stat. 741;
August 9, 1939, 53 Stat. 1273; March 27, 1942, 56 Stat. 188;* and June
12, 1944, Public Law 334, 78th Cong.;* 39 U. S. C. 1940 ed. 832).
TRADES AND OCCUPATIONS
The weekly compensation, minus any general percentage reduction
which may be prescribed by act of Congress, for the several trades
and occupations, which is set by wage boards or other wage-fixing
authorities, shall be reestablished and maintained at rates not lower
than necessary to restore the full weekly earnings of such employees
in accordance with the full-time weekly earnings under the respective
wage schedules in effect on June 1, 1932: Provided, That the regular
hours of labor shall not be more than 40 per week; and all overtime
shall be compensated for at the rate of not less than time and one-half
(section 23 of the act of March 28, 1934, 48 Stat. 509; 5 U. S. C.
1940 ed. 673c).11
Where the adjustment of regular hours of duty of em-
ployees subject to the provisions of the preceding paragraph re-
11 Applicable to employees of the District of Columbia as well as to employees of the
Federal Government (16 Comp. Gen. 663, January 18, 1937).
*Overtime compensation under this act should be based upon the rate received by the
employee during his regular tour of duty--the employee's base pay-regardless of whether
such tour of duty be served during the day or the night (decision, Comptroller General,
June 17, 1944).*
(July 19, 1944)
HOURS OF LABOR
469
from the effective date so prescribed by the Director that the number
of employees of his agency does not exceed the number determined
by the director to be required for the proper and efficient exercise
of its functions. Any determinations and directions made by the
Director under the authority of Public Law 821, Seventy-seventh Con-
gress, are hereby continued in effect until modified by him. The Civil
Service Commission is authorized to transfer to other departments and
agencies any employees released pursuant to this section whose services
are needed in and can be effectively utilized by such other departments
or agencies, and the services of these employees are to be utilized
by the departments and agencies before additional temployees are
recruited.19a
Sec. 12. Amounts received as overtime compensation or additional
compensation under this act shall not be considered in determining the
amount of a person's annual income or annual rate of compensation
for the purposes of paragraph II (a) of part III of Veterans Regula-
tion Numbered 1 (a), as amended, or section 212 of title II of the act
entitled “An Act making appropriations for the Legislative Branch of
the Government for the fiscal year ending June 30, 1933, and for other
purposes”, approved June 30, 1932, as amended.20
Sco. 13. This act shall not apply to civilian employees of the Trans-
portation Corps of the Army of the United States on vessels operated
by the United States or to vessel employees of the Coast and Geodetic
Survey, and such employees may be compensated in accordance with
the wage practices of the maritime industry.
SEC. 14. This act shall take effect on May 1, 1943, and shall ter-
minate on June 30, 1945, or such earlier date as the Congress by
concurrent resolution may prescribe.202
+101 Section 303 of the Second Deficiency Appropriation Act, 1944 (Public Law 375, 78th
Cong., June 28, 1944), provides that:
"The President shall direct the Bureau of the Budget to maintain a continuous study of
appropriations and contract authorizations granted for the national defense, war agencies,
and the prosecution of the present wars for the purpose of submitting for the consideration
of Congress, when the state of the wars makes such action possible, a list showing the condi-
tion of the balances of each of such appropriations and contract authorizations together with
his recommendations for the repeal of such of those funds or portions thereof as are deemed
no longer required for the purposes for which they were granted."
As to imposition of personnel ceilings under War Manpower Commission regulations, see
page 363.*
20 For the text of the act referred to, see page 428 of this pamphlet.
*20The various appropriation acts for the fiscal year 1945 contain provisions that if at
any time during that fiscal year the termination of the War Overtime Pay Act of 1943 shall
be fixed by concurrent resolution of the Congress at a date earlier than June 30, 1945, the
appropriations contained in them shall cease to be available on such earlier date for
obligation for the purposes of that act, and the unobligated portions of appropriations
allocated for such purposes shall not be obligated for any other purposes of the appropriation
during the fiscal year 1945.*
(July 19, 1944)
469.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
SEO. 15. This act may be cited as the “War Overtime Pay Act of
1943” (Public Law 49, 78th Cong., May 7, 1943).
*No part of any appropriation contained in this or any other act
shall be used to pay to regular, full-time civilian officers and employees,
subject to the Classification Act of 1923, as amended, whose basic com-
pensation is determined on a daily or hourly basis, overtime compen-
sation, pursuant to the joint resolution of December 22, 1942 (56 Stat.
1068), and the act of May 7, 1943 (Public, Numbered 49, Seventy-
eighth Congreso Zariy basis other than at the rate of one and one-
half times the basic rate of payment for work actually performed by
such officers and employees in excess of forty hours per week, with-
out proration or the use of any formula which has been adopted to
determine the daily compensation of per annum officers and em-
ployees; it being declared to be and to have been the true intent and
meaning of the aforesaid enactments to provide for the payment of
the overtime compensation of such employees only upon the basis
herein described
(section 203 of the act of April 1, 1944,
Public Law 279, 78th Congress.) *
*
*
WAR OVERTIME PAY REGULATIONS
By virtue of the authority vested in executive branch of the United States
the U. S. Civil Service Commission by Government.
section 9 of the War Overtime Pay Act
PART I. EXTENT OF REGULATIONS
of 1943 (Public Law 49, May 7, 1943),
the following regulations are promul-
SECTION 1. Employees to whom these
gated for the purpose of coordinating regulations apply.-These regulations
and supervising the administration of shall apply to all civilian officers and
the provisions of sections 1 to 7, inclu- employces in or under the executive
sive, of said act, insofar as such pro- branch of the United States Govern-
visions affect employees in or under the ment, including Government-owned or
(July 19, 1944)
HOURS OF LABOR
470
on
Or
controlled corporations, except those imum number of hours of work per
specified in section 2 of Part I.
week specified by the general public
SØCTION 2. Employees to whom these regulations issued by the head of a de-
regulations do not apply. These regula-partment or independent establishment
tions do not apply to:
pursuant to section 2 of the act of
(a) Elected officials;
March 14, 1936, 49 Stat. 1101, 5 U. S. C.
(0) Heads of departments, independ- 29a,” and in accordance with appli-
ent establishments, and agencies;
cable circulars of the Bureau of the
(0) Officers and employees in or un- Budget.
der the field service of the Post Office SECTION 2. Full-time employees.-Full-
Department;
time employees are employees who are
(d) Employees whose wages are fixed regularly required to work, as a min-
a daily or hourly basis and ad imum, the number of hours in the ad-
justed from time to time in accordance ministrative workweek specified for
with prevailing rates by wage boards employees in their respective groups.
similar administrative authority SECTION 3. Part-time employees.-
serving the same purpose;
Part-time employees are employees who
(e) Employees in or under the Gov. are regularly required to work a speci-
ernment Printing Office or the Tennes-fied minimum number of hours per week
see Valley Authority whose wages are administratively fixed in advance at
fixed on a monthly or yearly basis and less than the administrative workweek
adjusted from time to time in accord- for similar employees in the same de-
ance with prevailing rates by wage partment or agency. Such employees
boards or similar administrative au- shall be considered part-time employees
thority serving the same purpose; if they are required to work a specified
(f) Employees outside the conti- minimum number of hours per week
nental limits of the United States, in- notwithstanding the fact that they do
cluding Alaska, who are paid in accord- not work the same number of hours
ance with local prevailing native wage each day.
rates for the area in which employed; SECTION 4. Plece-work and fee basis
(g) Otficers and employees of the In- employees.-Piece-work and fee basis
land Waterways Corporation;
employees include all employees whose
(1) Individuals to whom the pro- compensation is based upon other than
visions of section 1 (a) of the act a time period basis.
entitled "An act to amend and clarify
SECTION 5. Intermittent or irregular
certain provisions of law relating to employees.-Intermittent or irregular
functions of the War Shipping Admin- employees are employees who are not
istration, and for other purposes," ap- regularly required to work a specified
proved March 24, 1943, (Public Law minimum number of hours. Employees
No. 17–78th Congress), are applicable; whose work requires them to remain
(1) Employees of the Transportation at, or within, the confines of their posts
Corps of the Army of the United States of duty for more than forty hours per
on vessels operated by the United week, but does not require that all of
States;
their time be devoted to actual work,
(3) Vessel employees of the Coast may be considered to be intermittent or
and Geodetic Survey.
irregular employees, or in the discre-
tion of the head of the department or
PART II. DEFINITIONS
agency concerned, may be considered to
SECTION 1. Administrative workweek be full-time employees having such ad-
for full-time employees. The adminis- ministrative workweek as is specified
trative workweek for each group of by such head.
full-time employees shall be the min- 21 Ifor the text of this section, see page 481.
471 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
SECTION 6. Earned basic compensa- granted (a) to seasonal employees at
tion.-Earned basic compensation is the the completion of the season during
amount of salary actually earned by an which the employment is performed and
employee, exclusive of overtime compen- (b) to employees serving at isolated
sation or additional compensation in posts outside the States of the United
lieu thereof, but inclusive of any salary States and the District of Columbia
differential for duty outside the conti- within one year after the employment is
nental United States, including Alaska, performed.23*
and the value of quarters, subsistence, Heads of departments and agencies
and other maintenance allowances wn- may delegate to any oficer or employee
der section 3 of the act of March 5, authority to order or approve overtime
1928, (45 Stat. 193; 5 U. S. C. 75a). in excess of the administrative work-
SECTION 7. Department, independent week and to elect to grant compensa-
establishment, and agency.--The term tory time off from duty without loss of
"department, independent establish-pay in lieu of overtime compensation as
ment, and agency” as used in Part I, provided in this section. No overtime
section 2 (6) means a governmental in excess of the administrative work-
establishment in the executive branch week shall be ordered or approved ex-
which is not a component part of any cept by an officer or employee to whom
other such establishment.”
such authority has been specifically del-
egated by the head of the department
PART III. OVERTIME WORK AND OVER-
or agency.
TIME COMPENSATION
SECTION 2. Payment of overtime com-
SECTION 1. Overtime compensation.-pensation. Overtime compensation for
In addition to his regular earned basic employment during an officially estab-
compensation, an employee shall be paid lished regular workweek in excess of
overtime compensation, computed as forty hours may be calculated on an
provided in section 4 of Part III, for annual basis and paid in equal amounts
such employment officially ordered or on the regular monthly or semi-monthly
approved as exceeds forty hours a pay days.
week: Provided, however, that heads SECTION 3. Computation of overtime
of departments and agencies may, in work-The computation of the amount
their discretion, elect to grant full-time of overtime work performed by an em-
per
employees compensatory ployee shall be subject to the following
time off from duty without loss of pay conditions:
in lieu of overtime compensation for (a) Leave with pay.--Absence from
such employment as may exceed forty- duty on authorized leave with pay dur-
eight hours in any week. In the event ing the time which an employee would
that compensatory time off from duty otherwise have been required to work
for employment in excess of forty-|(including authorized absence on legal
eight hours in any week is not granted holidays and during the compensatory
within ninety calendar days after such time off provided for in section 1 of
employment is performed, the employee | Part III) during the administrative
shall be entitled, in lieu of such com- workweek shall be considered to be
pensatory time off, to overtime compen- employment and shall not be construed
sation for such employment computed to reduce the amount of overtime com-
as provided in these regulations at the pensation to which the employee is
rate or rates of compensation which the entitled during such workweek.
employee received during the period (0) Leave without pay.-The deduc-
of such employment: Provided, how-tion from overtime compensation for
ever, *That such compensatory time off one day of leave without pay shall be
may, in the discretion of the head of the
department or agency concerned, be 28 As amended by departmental circular
No. 424, supplement 2, July 9, 1948,* and
> As amended by departmental circular departmental circular No. 459, December 18,
No. 424, supplement 1, May 26, 1943.
1948 (8 F. R. 16681).*
annum
(July 19, 1944)
HOURS OF LABOR
472
1/360 of the overtime compensation of compensation computed as provided
which would be paid annually for over in this section : Provided, however,
time employment during the adminis- that when the overtime compensation
trative workweek.
for any pay period is less than a rate
In the case of an employee who re- of $300 per annum, in lieu of such over-
ceives, in lieu of overtime compensation time compensation, there shall be paid
under section 4 of Part III, additional the employee an additional amount
compensation at a rate of $300 per an- equal to either (a) a rate of $300 per
num, the deduction from such ad annum or (b) 25% of the employee's
ditional compensation shall be 1/360 of earned basic compensation for the pay
$300 for each day of leave without pay. period, whichever is less, but this pro-
(c) Work on holidays or Sundays.- viso shall not be construed to reduce
Work on holidays and Sundays shall be the overtime compensation to which the
considered in the same manner as em- employee is entitled by virtue of actual
ployment on any other calendar day in overtime employment. In determining
computing the amount of overtime em- whether an employee shall be eligible
ployment under these regulations.
for additional compensation in lieu of
(d) Service subject to other over- overtime compensation, leave without
time statutes.-Overtime services for
pay during any pay period shall not be
which overtime compensation is paid construed as reducing the rate of over-
under any of the following statutes time compensation.
shall not form a basis for overtime em-
The computation of overtime com-
ployment under these regulations: Act pensation shall be subject to the fol-
of February 13, 1911, as amended (U.lowing conditions:
S. C., title 19, secs. 261 and 267) in-
(a) Hourly rates and daily rates.-
volving inspectors, storekeepers, welgh- For employees paid at an annual rate,
ers, and other customs officers and the daily rate shall be considered to be
employees; act of July 24, 1919, (41 1/360 of the annual rate, and the
Stat. 241; U. S. C., title 7, sec. 394) | hourly rate shall be considered to be
involving employees engaged in enforce- 48 of the daily rate.
ment of Meat Inspection Act; act of
(6) Maximum base for computa-
June 17, 1930, as amended (U. S. C., tion.-Overtime compensation shall be
title 19, sec. 1450, 1451, and 1452) in- paid only upon such portion of the
volving customs officers and employees; basic rate of compensation of an officer
act of March 2, 1931, (46 Stat. 1467 ;
or employee as does not exceed $2,900
U. S. C., title 8, secs. 109a and 109b)
per annum.
involving inspectors and employees,
Immigration and Naturalization Sery- PART IV. ADDITIONAL COMPENSATION IN
LIEU OF OVERTIME COMPENSATION
ice; act of May 27, 1936, as amended
(52 Stat. 345; U. S. C., title 46, sec. SECTION 1. Part-time, piece-work, and
382b) involving local inspectors of fee basis employees.—Part-time, piece-
steam vessels and assistants, U. S. work, and fee basis employees shall re-
shipping commissioners, deputies and ceive, in lieu of overtime compensation,
assistants, and customs officers and em- additional compensation at a rate of 15
ployees; act of March 23, 1941, (55 Stat. per centum of so much of their earned
46; U. S. C., Supp. I, title 47, sec. 154) basic compensation as is not in excess
involving certain inspectors of the of a rate of $2,900 per annum.
Federal Communications Commission. SECTION 2. Intermittent, irregular,
SECTION 4. Computation of overtime and other employees.-Intermittent and
compensation.-Overtime compensation irregular employees and, subject to the
shall be paid at a rate of one and one- approval of the Civil Service Commis-
half times the employee's regular rate sion, employees whose hours of work
473 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
*
are governed by those of private estab- | Law 49 (departmental circular No. 424,
lishments which they serve and for May 8, 1943).
whom, on this account, overtime work NOTES ON THE OVERTIME COM-
schedules are not feasible, shall be
PENSATION LAW AND REGULA-
paid, in lieu of overtime compensation,
TIONS
additional compensation at a rate of
(a) $300 per annum if their earned
Payment of additional compensation
basic compensation is at a rate of less mandatory.—The words "shall be paid
than $2,000 per annum or (0) 15 per
additional compensation” ap-
centum of so much of their earned pearing in section 3 (a) of the act of
basic compensation as is not in excess of May 7, 1943, are words of mandate or
a rate of $2,900 if their earned basic command. Such additional compensa-
compensation is at a rate of $2,000 per tion must be paid to employees coming
annum or more, subject to the limitation within the terms and limitations of the
in section 5 of Part IV.
section from and after the effective
SECTION 3. Payment of additional date of the act, whether or not they
compensation.—The annual amount of inake claim therefor, and whether or
additional compensation payable to any not they leave the service prior to pay-
employee in lieu of overtime compen- ment. The acceptance of the lower
sation under these regulations may be rate of compensation by the employees
divided by the number of regular pay does not constitute a waiver of the
days in the year and a pro rata share right to the statutory increase in com-
paid each pay day.
pensation properly due them. Any
SECTION 4. Deduction for leave with existing appropriation for the present
out pay.—In the case of an employee fiscal year available for the payment of
who receives in lieu of overtime com- salaries of employees of an agency is
pensation
additional compensation
available for payment of the additional
under section 2 of Part IV at a rate compensation to such employees, irre-
of $300 per annum, the deduction from spective of any deficiency that may be
such additional compensation shall be incurred as a result of paying such in-
1/360 of $300 for each day of leave crease of compensation (based on 22
without pay.
Comp. Gen. 570, December 22, 1942, and
SECTION 5. Limitation on additional 22 Comp. Gen. 926, March 30, 1943).
compensation.---No additional compen-
Scope of the overtime-compensation
sation for any pay period shall be paid
law.-A "similar administrative author.
under Part IV amounting to more than ity serving the same purpose” as a wage
25 per centum of the earned basic board, within the meaning of the War
compensation of the employee for such Overtime Pay Act of 1943, is one which
period.
is authorized to fix wages administra-
tively with reference to wages, etc., paid
PART V. GENERAL PROVISIONS to similar classes in commercial indus-
try rather than with reference to salary
SECTION 1. Title of regulations.-
These regulations may be cited as the rates or schedules of rates specifically
“War Overtime Pay Regulations."
fixed by or pursuant to statute. Em-
ployees whose rates of wages are admin-
SECTION 2. Effective date of regula- | istratively fixed under general adminis-
tions. These regulations shall taketrative authority granted by or pursuant
effect on May 1, 1943, and shall termi. I to statute without reference to prevail-
nate on June 30, 1945, or such earlier ing wages fall within the purview of the
date as the Congress may prescribe for War Overtime Pay Act of 1943, and
the termination of the provisions of the are entitled to the benefits thereof re-
War Overtime Pay Act of 19:13, Public gardless of whether they be paid on a
HOURS OF LABOR
474
per diem, per annum, or some other | 1943 (23 Comp. Gen. 35, July 19, 1943).
basis (based on 22 Comp. Gen. 641, Per diem, per bour, or piece-work
January 11, 1943).
employees of the Alaska Railroad
Where the total salary rate of a co- whose wage rates are fixed by negotia-
operative Federal employee, who works tion between railroad officials and
under supervision of the Federal Gov. employee organizations on the basis of
wage rates paid similar railroad em-
ernment during the entire period of his
ployees in the continental United
service, is fixed by the Federal Govern- States, subject to approval by the Sec-
ment at a rate prescribed by the Classi- retary of the Interior, may be re-
fication Act, although part of his salary garded as having their wages fixed and
is paid by a State or other cooperating adjusted by an administrative authority
agency, the total salary rate so fixed, serving the same purpose as a wage
rather than merely the portion paid by board within the purview of exception
the Federal Government, is to be re-
(e) of the War Overtime Pay Act of
garded as “basic compensation" for the 1943, excluding from the benefits of the
purpose of applying the "overtime" | act per diem and per hour employees
formula for increasing compensation whose wage rates are fixed by such
prescribed by the War Overtime Pay authority in accordance with local pre-
Act of 1943. However, if they leave vailing wage rates. Employees of the
Federal supervision during the time Railroad who, although their wages are
they are paid by the State and work adjusted in a similar manner, are paid
under State supervision, the increase in
on a monthly or yearly basis, are ex-
compensation authorized by that act pressly included within the provisions
would be payable only for the period of the War Overtime Pay Act of 1943
the employees are under Federal super-by section 1 thereof (23 Comp. Gen.
vision. The fact that while paid by the 123, August 21, 1943).
State they work under State supervi-
* Contract officers or employees, as
sion is not sufficient in itself to remove distinguished from contractors
them from the overtime formula and ployed on a non-personal-service basis-
place them under the 15-percent ad- generally those who do not work under
ditional compensation formula if they the supervision and control of the Gov-
work full time-48 hours per week-ernment—are entitled to the applicable
during all of the period they are under benefits of the War Overtime Pay Act
Federal supervision and properly
of 1943, whether working on a full-time
classed as Federal employees (based on
or intermittent basis. This is true even
22 Comp. Gen. 702, January 25, 1943, though the contract of employment ex-
pressly states that they are not entitled
and 22 Comp. Gen. 745, February 4,
to overtime compensation (23 Comp.
1943).
Gen. 398, November 30, 1943 ; 23 Comp.
Laborers and mechanics whose rate Gen. 608, February 19, 1944; 23 Comp.
of compensation is fixed administra- Gen. 721, March 24, 1944).*
tively on a daily or hourly basis and
Consultants employed on a per diem
adjusted from time to time, as to whom
"when actually employed" basis,
the eight-hour law has been suspended whether employed under a contract, by
by Executive order authorizing overtime appointment to "excepted” positions, or
compensation to be paid on a daily basis by regular appointment to classified
at the rate of not less than one and one positions, are “civilian officers and em-
half times the basic rate of pay for all ployees
in
under the
hours of work in excess of eight, may be United States Government" within the
regarded as excluded from the provi- meaning of section 1 of the War Over-
sions of the War Overtime Pay Act of time Pay Act of 1943, entitled to the ap-
em-
or
(July 19, 1944)
474.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
plicable benefits of the said act (23|ployment procedure otherwise thap
Comp. Gen. 17, July 12, 1943).
solely by enrolling in the student nurs-
* Student nurses receiving stipends ing program -authorized by the act of
fixed pursuant to the act of June 15, June 15, 1943, are entitled to overtime
1943 (Public Law 74, 78th Cong.), as compensation as such employees under
amended by the act of March 4, 1944 the War Overtime Pay Act of 1943 (23
(Public Law 248, 78th Cong.), are, un- Comp. Gen. 436, December 14, 1943).*
der the terms of the latter act, not
Employees on detail. An employee
entitled to overtime or additional com-
who is detailed from one position to an-
pensation under the War Overtime Pay
other in the same department
Act. of 1943. This statutory provision agency of the Government is entitled,
confirmed a ruling made by the Comp- during the period of the detail, to the
troller General in a decision of Novem- compensation fixed by laws and regu-
ber 10, 1943 (23 Comp. Gen. 358).
lations applicable to his regular posi-
Student nurses at St. Elizabeths and tion rather than the compensation ap-
Freedmen's Hospitals who have a plicable to the position to which de-
status as employees of the United | tailed (23 Comp. Gen. 145, August 28,
States acquired under existing em-1 1943).
or
(July 19, 1944)
HOURS OF LABOR
475
Effect of overtime compensation law tually employed” intermittent employ-
on within-grade salary advancements.- ees whose salary rates are fixed in
The payment of the overtime or ad accordance with the Classification Act
ditional compensation authorized or re- of 1923, as amended, and who are paid
quired to be paid by the War Overtime on an hourly basis for the time ac-
Pay Act of 1943 does not constitute an tually worked, not to exceed for any
“equivalent increase in compensation" one day 1/360 of the per annum rate for
within the meaning of the act of August similar full time employees, are entitled
1, 1941, relating to within-grade salary to additional compensation, subject to
advancements (based on 22 Comp. Gen. the limitation of the act, only at the
589, January 2, 1943). (See page rate of $300 per annum or 15 percent
447.)
of earned basic compensation, as the
*Effect of limitations on amount of case may be, as specifically prescribed
salary payable to an individual.-The for intermittent, etc., employees by sec-
overtime compensation authorized to be tion 3 (a) of the act, even though such
paid under the War Overtime Pay Act employees may be required to work a
of May 7, 1943 (Public Law 49, 78th greater number of hours per day or week
Cong.), is not to be considered in deter-than regularly required of full time em-
mining whether a salary payment would ployees (23 Comp. Gen. 13, July 9,
be in contravention of the act of July 1943).
31, 1894 (23 Comp. Gen. 445, December *An intermittent or irregular em-
16, 1943). (See page 426 for text of the ployee who happens to work one or more
latter act.) Section 12 of the War Over- weeks full time is not to be regarded as
time Pay Act of 1943 specifically makes a full-time employee entitled to addi-
a similar provision with respect to the tional compensation on an overtime
limitation imposed by section 212 of the basis unless and until administrative
“Economy Act” of June 30, 1932 (page action is taken to classify or reappoint
428).
the employee on a full-time basis, which
The limitation of $25 per day in action would be prospectively effective
posed by the Naval Appropriation Act, only. The regulations do not contem-
1944, on the daily rate of compensation plate that the status of an intermittent
that may be paid contract specialists or irregular employee automatically
relates only to the basic compensation changes to a full-time employee solely
of such persons, and, therefore, such a because of the fact that he happens to
contractor receiving the $25 maximum work 48 hours in one or more weeks (23
rate is entitled to the additional com-Comp. Gen. 721, March 24, 1944).
pensation authorized by the War Over- Contract officers and employees, even
time Pay Act of 1943 (23 Comp. Gen. | though employed and paid on the basis
398, November 30, 1943).
of "when actually employed,” who work
An employee who is otherwise en- an administratively established 48-hour
titled to the benefits of the War Over- workweek may be regarded as full-time
time Pay Act of 1943 is not debarred employees so as to entitle them to in-
from those benefits by the mere fact that creased compensation under section 2
his contract of employment expressly of the War Overtime Pay Act of 1943,
states that he is not entitled to overtime rather than as intermittent or irregular
compensation (23 Comp. Gen. 398, No- employees whose wartime additional
vember 30, 1943; 23 Comp. Gen. 721, compensation is controlled by section
March 24, 1944).*
3 (a) of that statute (23 Comp. Gen. 608,
Determination whether employees February 19, 1944).*
shall be paid on overtime or additional Consultants employed on a per diem
compensation basis.-Under the War “when actually employed” basis, includ-
Overtime Pay Act of 1943, “when ac-| ing those employed under contract or ap-
(July 19, 1914)
475.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
pointed to "excepted” positions as well | vided their hours of labor are not reg-
as those serving under regular appoint- ulated by a law which has not been
ments to classified consultant positions, suspended (based on 22 Comp. Gen. 589,
who are not regularly required to work ) January 2, 1943).
a specified minimum number of hours Inclusion of Saturdays within the
per day or week are to be regarded as workweek.—See notes on page 501.
"intermittent or irregular employees" Computation of base pay.–The earned
within the meaning of section 3 (a) of basic compensation of regular part-time
the War Overtime Pay Act of 1943 and employees appointed under the Civil
regulations issued thereunder, and, as Service Commission's departmental cir-
such, are entitled to additional compen- cular No. 389, revised, will be deter-
sation at the rate of $300 per annum or mined by dividing the number of
15 percent of their earned basic com- hours of the weekly tour of duty of
pensation, as the case may be, as au- the part-time employee by the number
thorized by said section 3 (a) (23 of hours in the workweek of a full-
Comp. Gen. 17, July 12, 1943).
time employee of the same class and
Employees paid partly on time basis multiplying the quotient by the per an-
and partly on fee basis.-Where an em- num rate fixed by the Classification
ployee's basic compensation for a single Act for a full-time employee in the
position consists in part of salary paid same position (22 Comp. Gen. 1043,
on a time basis for full-time service and May 17, 1943).
in part of fees, the overtime formula *Where a part-time employee works
should be applied to the salary, and the more than his regular tour of duty, but
15-percent additional compensation less than 48 hours, in any one week, the
formula to the fees (based on 22 Comp. base pay for that week is computed by
Gen. 745, February 4, 1943).
dividing the number of hours actually
Requirement of overtime work from worked during the week by the num-
employees who receive additional com- ber of hours in the workweek of a full-
pensation in lieu of overtime.—No em-time employee of the same class and
ployee entitled to receive additional multiplying the quotient by the per
compensation in lieu of overtime under annum rate fixed for a full-time em-
the act of May 7, 1943, is required to ployee in the same position. The addi-
work additional hours in order to re- tional compensation in lieu of overtime
ceive such compensation. However, per for that week would be 15 percent of
annum employees entitled to receive the base pay so determined, rather
such additional compensation may, than of the basic compensation paid in
within administrative discretion, be re- ordinary workweeks. The compensa-
quired to work additional hours with- tion of a part-time employee may not
out regard to the act of May 7, 1943, be increased, however, because of work
and the same would be true of em- in excess of the regular workweek of
ployees paid on any other basis pro-1 full-time employees of the same class
(July 19, 1944)
HOURS OF LABOR
476
(based on 23 Comp. Gen. 650, March 2, sation, including both basic and over-
1944).
time compensation, for each day in a
With respect to the computation of pay status during the pay-roll period
the base pay of full-time per diem em- (based on 22 Comp. Gen. 714, January
ployees, see the act of April 1, 1944, re | 27, 1943).** With respect to leave
printed on page 469.01.
without pay of part-time employees, see
There is no authority under existing 22 Comp. Gen. 1043, May 17, 1943.
law to compute the salary of employees
#Sunday work or travel of per diem
whose compensation is fixed on an an- employees.-A per diem "when actually
nual or monthly basis on any basis employed” employee, even though not
other than that specifically provided by regularly required to work on Sundays,
the act of June 30, 1906 (34 Stat. 763; is entitled to his basic compensation
5 U. S. C. 1940 ed. 84). The salary and to additional or overtime compen-
should be computed by dividing the sation, as the case may be, under the
annual rate by 360 to determine the War Overtime Pay Act of 1943 for Sun-
dally rate, or by dividing the annual days on which he is in a travel status
rate into 12 equal installments, one of away from his official station or while
on duty at his official station for the
which shall be the pay for each calen- same number of hours as he works on
dar month, each of the 12 installments other days, but he should not be paid
to be divided by 30 to determine the basic and additional wartime compensa-
daily rate; or by dividing the annual tion beyond the prescribed workday
rate by 360 to determine the daily rate. solely because he is in a travel status
Therefore, the salaries of employees (decision, Comptroller General, July 4,
paid on an annual or monthly basis 1944).*
may not be computed on a weekly or
Overtime in excess of regular work-
biweekly basis (23 Comp. Gen. 698, week.-Work in excess of the regular
March 18, 1944).
workweek for which additional com-
In the case of a "when actually em- pensation may be paid may be either
ployed" intermittent employee ap- ordered in advance or approved by the
pointed to a position not within the proper official after the work is per-
Classification Act whose compensation, formed. Overtime in excess of the
based on hourly rates, is not required workweek may be ordered or approved
to be fixed in accordance with the 40-in blanket form, that is, for a group
hour week statute of March 28, 1934 (see or class of employees. It is unneces-
page 464), the amount actually earned sary that each employee be given a
by the employee is his "earned basic separate and distinct order or that each
compensation" within the meaning of employee's overtime work must be ad-
the War Overtime Pay Act of 1943, ministratively approved (22 Comp. Gen.
upon which the additional compensa- 745, February 4, 1943).
tion authorized for intermittent em- Section 2 of Part III of the reg-
ployees by section 3 of that act is to be ulations authorizing prorating on an
computed (23 Comp. Gen. 195, Septem- annual basis of increased compensa-
ber 15, 1943).*
tion pursuant to an overtime formula
Overtime compensation of employees is specifically limited to "employment
who are in a pay status for less than a during an officially established regular
full week.-A per annum employee workweek in excess of 40 hours.” Com-
subject to the overtime-compensation pensation for overtime in excess of the
provisions of the act of May 7, 1943, officially established workweek may
who enters or leaves the service during not be prorated on an annual basis,
an administrative workweek is entitled but should be paid at one and one-half
to 1/360th of the gross annual compen-I times the basic hourly rate calculated
(July 19, 1944)
476.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
as required by the act and regulations, per week-may be granted compensa-
for such excess overtime hours. This tory time off from duty hour for hour
is true even though the employee was on for the excess overtime worked. Where
leave without pay during a portion of an employee's extra duties require him
the officially established workweek, or to be available for duty 24 hours per
entered on duty after it began, and con- day but do not require that all his time
sequently was not in a pay status dur- or a fixed portion thereof be devoted
ing the entire 48 hours of the officially to actual work, an evaluation for com-
established workweek (based on 22 pensatory time purposes of such extra
Comp. Gen. 778, February 9, 1943, and duties is within administrative discre-
22 Comp. Gen. 780, February 10, 1943). tion and is not subject to review by the
*In the case of intermittent em- General Accounting Office (based on
ployees who are appointed on a “when 23 Comp. Gen. 451, December 21,
actually employed" basis to positions 1943).*
allocated to services and grades pur-
The discretion to substitute compen-
suant to the Classification Act, and satory time off from duty in lieu of
who are paid on the basis of hourly overtime compensation for service in
rates derived from per annum rates, excess of 48 hours per week in any
the total basic compensation that may administrative workweek is vested in
be earned for any one day may not ex- the administrative office rather than in
ceed 4360 of the annual salary rate the employee. Such compensatory time
prescribed by that act for similar full-off is not to be regarded as additional
time positions, regardless of the number leave of absence which must be applied
of hours worked in addition to the hours for. On the contrary, it is the duty
administratively required of full-time and responsibility of the administrative
employees (23 Comp. Gen. 13, July 9, office under the regulations to excuse
1943). (As to additional compensa- the employee from duty, within 90 days
tion for such employees, see note on from the time the excess overtime was
"Determination whether employees worked, for a period corresponding to
shall be paid on overtime or additional the excess overtime worked, unless it
compensation basis”, page 475.) How- elects to compensate him for such over:
ever, intermittent employees appointed time. If that office, through its own
on a "when actually employed” basis fault or neglect or for its own conven-
to positions not within the purview of ience, fails to grant the compensatory
the Classification Act whose hourly time by the end of the 90-day period,
rates of compensation are not required the employee becomes entitled to pay-
to be fixed in accordance with the 40- ment for such excess overtime, whether
hour week statute of March 28, 1934
he has requested compensatory over-
(see page 464), may be paid basic com-
time or not.
pensation for the actual number of
Where the head of an agency elects to
hours worked even though in excess of
8 hours per day (23 Comp. Gen. 195, grant a full-time per annum employee
8 hours per day (23 Comp. Gen. 195, who works in excess of 48 hours per
September 15, 1943).
While neither the War Overtime Pay week compensatory time off from duty
Act of 1943 nor the regulations adopted in lieu of overtime compensation pur-
thereunder specify the amount of com- suant to the War Overtime. Pay Act of
pensatory time off from duty that must 1943 and the regulations issued there-
be granted administratively for work under, but, as a result of the employee's
or a duty status in excess of 48 hours own fault or voluntary action (such as
per week, per annum employees who voluntary resignation, transfer at the
actually work excess overtime-that is, employee's request, or refusal to accept
actually are engaged in their regular the compensatory time off), the agency
duties for the time in excess of 48 hours | head is prevented from granting such
(July 19, 1944)
HOURS OF LABOR
477
time off within the 90-day period pre- mittent or irregular employees who are
scribed by the said regulations, the em- paid on an hourly basis and whose
ployee is not entitled to overtime earned basic compensation (based on
compensation for overtime worked in 313 days, on which they work and re-
excess of 48 hours per week. On the ceive compensation during the year, and
other hand, if the employee's inability 8 hours per day) is at a rate of less than
to utilize such compensatory time off $2000 per annum are entitled under sec-
prior to the expiration of the 90-day tion 3 (a) of the War Overtime Pay Act
period prescribed by the said regula- of 1943, the daily rate of additional
tions is due to no fault or voluntary compensation should be computed by di-
action of his own, but results from in- viding the $300 per annum rate by 313
duction into the armed forces, termina- days, and the hourly rate by dividing
tion of his service without his consent, the resulting daily rate by 8 hours (22
involuntary transfer pursuant to War Comp. Gen. 1091, June 10, 1943). (See
Manpower Commission directives, or also 23 Comp. Gen. 19, July 12, 1943.)
the like, he is entitled to overtime With respect to computation and ad-
compensation for such excess overtime justment of additional compensation for
(23 Comp. Gen. 253, October 5, 1943). fee-basis employees, see 23 Comp. Gen.
Payment of overtime on terminal an- 19, July 12, 1943.
nual leave.-Persons who are being The 15 percent additional compensa-
paid for accumulated annual leave tion to which part-time employees are
pending termination are entitled to entitled under section 3 (c) of the War
overtime compensation under the act Overtime Pay Act of 1943 should be com-
of December 22, 1942, on such period puted on the entire amount of the part-
of leave (22 Comp. Gen. 810, February time salary rate not in excess of $2,900
16, 1943).
per annum, without regard to the extent
Computation of additional compensa- | to which the salary of a full-time em-
tion in lleu of overtime.- In determin-ployee of the same class would exceed
ing the additional compensation at the $2,900 per annum (23 Comp. Gen. 11,
rate of $300 per annum to which inter- | July 9, 1943).
HOLIDAY PAY
Hereafter whenever regular employees of the Federal Govern-
ment whose compensation is fixed at a rate per day, per hour, or on
a piecework basis are relieved or prevented from working solely
because of the occurrence of a holiday such as New Year's Day,
Washington's Birthday, Memorial Day, Fourth of July, Labor Day,
Thanksgiving Day, Christmas Day, or any other day declared a
holiday by Federal statute 24 or Executive order, or any day on
which the departments and establishments of the Government are
closed by Executive order, they shall receive the same pay for such
days as for other days on which an ordinary day's work is performed
(52 Stat. 1246, June 29, 1938; 5 U.S. C. 1940 ed. 86a).
24 Armistice Day has also been made a legal holiday by the act of May 13, 1938 (52
Stat. 351; 5 U. S. C., 1940 ed., 87a). Executive Order No. 1076 of May 22, 1909, provides
that when certain national holidays fall on Sunday, the following Monday shall be a holiday
for Government employees.
478 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
NOTES ON THE HOLIDAY-PAY ACT
Per annum employees.--There is no tive office may compute and pay the an-
statute making specific provision with nual or monthly compensation on the
respect to the payment of compensation basis of the day.
of per annum employees for holidays.
Employees who do not come within
It has always been accepted that as the Classification Act, or any other law
per annum employees are paid for every requiring that their compensation be at
day in the year, they are entitled to
their regular compensation for a holi- whose compensation is administratively
a rate per annum, or per month, and
day occurring within their regular tour
of duty or workweek, regardless of fixed at a rate per day, or per hour, or
whether they be required to work on per piece, and who are required to work
the holiday (21 Comp. Gen. 901, April all, or substantially all, the time, qualify
2, 1942; 22 Comp. Gen. 762, February as "regular employees' and otherwise
5, 1943).
come within the provisions of the holi-
*Part-time employees. Employees day-pay act (19 Comp. Gen. 337, Step-
regularly employed part time and paid tember 9, 1939).
on a per annum basis are entitled to
Whether a person is a "regular em-
compensation for legal holidays on ployee of the Federal Government”
which they were prevented from work within the meaning of the holiday-pay
ing because the office was closed (23 act depends upon all the facts with re-
Comp. Gen. 584, February 11, 1944).* spect to the purpose, nature, tenure,
Employees affected by holiday-pay and/or duration of his employment.
act.-Generally the term "regular cun- The designation "when actually em-
ployees of the Federal Government ployed” is not the sole determining fac-
whose compensation is fixed at a ratetor as to whether an employee so desig-
per day, per hour, or on a piece-work nated is a "regular employee of the
basis” appearing in the holiday-pay act Federal Government” within the mean-
of June 29, 1938 (52 Stat. 1246), in- ing of the act, but generally one so ap-
cludes all employees of the Federal pointed and paid does not have that
Government whose compensation is re- status because the term is ordinarily
quired to be measured in the manner descriptive of a day-to-day worker who
specified not employed on an intermit is not required to serve for continuous
tent basis, or from day to day, or for and comparatively indefinite periods, or
definite periods of less than 6 months, to be at hand for service if not ex-
who were entitled to holiday pay under cused in advance (19 Comp. Gen. 426,
the statutes in force prior to said reso- October 9, 1939).
lution, including both perinanent and An employee serving intermittently at
temporary employees.
her own volition under an appointment
The act does not enlarge the classes providing for payment at an hourly rate
of employees entitled to holiday pay when actually employed and for a max-
without working, but merely changes imum of 00 hours work in any one
the basis for payment (18 Comp. Gen. month, who was neither required to
481, November 26, 1938).
work every day nor to work a regular
As employees whose compensation is number of hours every day she worked,
"required by statute" to be based on is not a "regular" employee of the Gov-
the year or month, if otherwise in a ernment within the meaning of the
pay status and unless they be employed holiday-pay act, and is not entitled to
on a "when actually employed” basis, compensation for holidays when
are entitled to the regular pay for holl work was performed (19 Comp. Gen.
days whether or not work is performed 746, February 21, 1940).
on such holidays, the holiday-pay act Per-diem employees engaged in 24-
does not apply to such employees even hour service who work in shifts on 5
though for convenience an administra- days of 8 hours each out of 7 consecu-
no
(July 19. 1944)
HOURS OF LABOR
479
tive days are regular employees of the for the holiday as such is authorized.
Federal Government within the mean- If such employees are required to work
ing of the holiday-pay act (18 Comp. on a holiday occurring within their regu-
Gen. 673, February 23, 1939).
lar tour of duty, only 1 day's pay is
Per diem employees, including unauthorized-payment of gratuity holl-
skilled laborers, who are appointed or day pay in addition being no longer au-
employed without limitation of time or thorized. If the holiday occurs on a
other qualifying condition in their ten- day outside the regular tour of duty
ure or periods of work are, from the and work is required on the holiday,
date of their appointment or employ the employee is not entitled to 2 days'
ment, “regular employees of the Federal pay, one for working and one for the
Government whose compensation is fixed holidaġ, but may be entitled to over-
at a rate per day" within the meaning of time pay for the day at a rate not less
the holiday law of June 29, 1938, and, than one and one-half times his regu-
as such, are entitled to compensation for lar pay (18 Comp. Gen. 186, August
any holiday thereafter, including any
19, 1938).
occurring during the first 30 days of
*Per diem and per hour employees
their employment, on which they are
within the purview of the holiday stat-
prevented from working solely by the
ute of June 29, 1938, and the 40-hour
occurrence of the holiday (21 Comp. week statute of March 28, 1934 (see
Gen. 764, Tebruary 11, 1942).
page 464), who normally work only 40
Temporary employees. — Temporary
hours per week (Monday through Tri-
employees within the meaning of the
day), but who, in view of the present
leave regulations paid on an annual or wartime conditions, are administra-
monthly basis and “regular employees” tively required to work n regular work-
within the meaning of the holiday pay week of six days, 48 hours, may be paid
statute of June 29, 1938, classed as
regular straight-time compensation for
temporary under the civil-service rules
a holiday on which they are "prevented
but not as temporary under the leave from working solely because of the oc-
regulations are entitled to pay on holl-
currence of a holiday," even though that
days declared by law, Executive order, day falls on a Saturday—a nonwork day
or administrative order on which they under the normal operation of the 1934
are not administratively required to statute for which holiday compensation
work. Temporary employees whose
ordinarily would not be payable-pro-
compensation is fixed at a rate per day, vided they are in a duty or pay status
per hour, or on a piece-work basis but
on the workday Immediately preceding
who may not be classed as "regular em- and the workday immediately following
ployees" within the meaning of the the holiday (23 Comp. Gen. 416, Decem-
holiday pay statute are not entitled to ber 8, 1943).
pay for such holidays (21 Comp. Gen.
Holidays on which employees are re-
101, August 5, 1941).
quired to work by administrative or-
Circumstances under whick holiday der.-In the absence of specific legisla-
pay is authorized.—Regular per diem, tion to the contrary, an administrative
per hour, and plece-work employees are office may, within its discretion, include
entitled to their regular pay for holl-a holiday within the official hours of
days on which no work is performed duty or regular workweek of employees
only if and when they "are relieved or and require them to work on that day
prevented from working solely because (25 Op. Atty. Gen. 40, August 15, 1903;
of the occurrence of" the holiday. If 21 Comp. Gen. 901, April 2, 1942; 22
they are relieved or prevented from Comp. Gen. 762, February 6, 1943).
working on the holiday for any reason Where such action is taken, the em-
other than the occurrence of the holl. ployee is not entitled to pay for two
Gay, such as when the holiday occurs days' work-one for the service per-
on a non-work day, or within a period formed and the other for the holiday-
of furlough or leave of absence, no pay I and is entitled only to the same pro rata
(July 19, 1944)
480 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
gross compensation, including basic and and did not receive notice of the ad-
overtime, as for other days. Work on ministrative order that such holiday
a holiday is not ipso faoto employment should be a work day; or
in excess of the regular workweek (6) Were ill on such holiday and re-
within the meaning of the War Over- ported such fact as soon as possible,
time Pay Act of 1943 and the regula- provided that it is administratively de-
tions thereunder (18 Comp. Gen. 10, termined that they were actually not
July 6, 1938; 18 Comp. Gen. 186, August | able to work on that day (21 Comp.
19, 1938; 18 Comp. Gen. 191, August 23, Gen. 901, April 2, 1942).
1938; 18 Comp. Gen. 259, September 27, Statutes providing gratuity pay for
1938; and 22 Comp. Gen. 762, February holidays repealed.The act of June 29,
5, 1943).
1938, 52 Stat. 1246, repeals the act of
It is within administrative discretion January 6, 1885, 23 Stat. 516; the act
to excuse an individual employee from of January 12, 1895, 28 Stat. 607; and
working either with or without pay—the act of August 23, 1935, 49 Stat. 724;
regardless of the basis of compensation and supersedes the Executive orders re-
or whether the employee is subject to lating to the granting of gratuity pay
the holiday pay statute of June 29, for holidays to per diem employees of
1938-on such a holiday. If an em-
the Panaina Canal. (See 18 Comp. Gen.
ployee is thus excused by administrative 10, July 6, 1938; 18 Comp. Gen. 191,
action taken either before or after the August 23, 1938; 18 Comp. Gen. 259,
holiday, no deduction of compensation September 27, 1938; and 18 Comp. Gen.
for the holiday is required under section 16, July 6, 1938.) Gratuity pay for
4.5 of the Annual and Sick Leave Reg- holidays is no longer a vested right of
ulations (see page 488). On the other
per diem employees who now are en-
hand, if an employee is absent without titled to pay for holidays only under
authority on a holiday and is not ex-
and subject to the conditions of the
cused by administrative action, that sec-
act of June 29, 1938 (18 Comp. Gen. 10,
tion of the Regulations specifically re-
July 6, 1938).
quires the deduction of one day's pay on
Military and jury leave under holi-
account of the unauthorized absence.
day statute.-Regular employees whose
However, there is no authority to grant
and charge annual or sick leave for ab- compensation is fixed at a rate per day,
sence on a national holiday established per hour, or on a piece-work basis, are
entitled to pay for a holiday occurring
by Federal statute (see page 500); and
if the employee is excused from working within a period of military, or jury,
leave under the National Guard, Offi-
by administrative action, there is no au-
thority to charge the absence to the cers' Reserve Corps, and Naval Reserve
military leave acts of June 3, 1916, 39
earned compensatory time which is
granted in lieu of paying additional Stat. 203; May 12, 1917, 40 Stat, 72; and
overtime compensation under section 2 June 25, 1938, 52 Stat. 1177, and the
of the War Overtime Pay Act of 1943 jury leave act of August 22, 1935, 49
(see page 466), or to require additional Stat. 682, if they would have been en-
overtime work to make up the time not titled to pay for the holiday under the
worked on the holiday (21 Comp. Gen.
new holiday statute of June 29, 1938, 52
901, April 2, 1942; 23 Comp. Gen. 677, Stat. 1246, had they remained in a duty
March 16, 1944).*
status and been prevented or relieved
The deduction of one day's pay should from working on the holiday, but tem-
not be made in the case of employees, in- porary employees are not entitled to
cluding per diem, per hour, and piece- military leave of absence with pay (18
work employees subject to the holiday. Comp. Gen. 403, October 31, 1938).
pay statute of June 29, 1938, who: Charging of holidays against annual
(a) Were in an annual or sick leave leave.—See act of March 2, 1940, page
status for a period including a holiday | 483, and notes on pages 500 and 501.
(July 19, 1944)
J K
633
A 22
CIVIL SERVICE ACT AND RULES TRANSMITTAL SHEET NO.
5
1
July 27, 1944
These sheets should be torn or cut apart along
the perforations. They should then be substituted
as shown on the back of this page for pages of the
loose-leaf edition of the "Civil Service Act and
Rules." The steps in making the insertions are ex-
plained on page Xx of the introductory chapter, "How
to Use This Book." The date of this transmittal
sheet and the date of filing should then be noted on
the "Filing Record" at the front of the book, and
this page should be filed immediately behind Trans-
mittal Sheet No. 4.
When this filing is completed, pages 4 to 42.02,
123 to 135, 291 to 314, and 447 to 525 will be up to
date as of July 27, 1944.
Remarks
Additions have been made on pages 123, 124, 291,
292, 293, 295, 295.01, 455, 457, and 458.
Deletions have been made as indicated on page
129.
Changes have been made on pages 124, 125, 126,
127, 128, 133, 297, 453, 454, 456, 456.01, 457, and
460,
The deletion on page 129 cancels the last para-
graph of the old Reemployment List Regulations, which
have been replaced by material appearing on pages
41.01 to 41.02 and 124 to 128. Pages 125 to 128
have been left short to allow space for further rul-
ings as they are made. The change
on page 297 re-
flects the taking effect of a new appropriation act.
The changes on pages 453 to 459 áre partly new mat-
ter and partly shifts of old material to adjust the
arrangement to the development of rulings on within-
grade salary advancements. It is believed that the
nature of all other changes will be obvious upon
comparison of the old with the new pages.
602021° -44—1
TRANSMITTAL SHEET NO. 5 (JULY 27, 1944)
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Page
Edition date
October 31, 1943
July 27, 1944
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126
127
128
129
130
133
184.
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292
293
294
295
July 27, 1944
October 31, 1943
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1
1
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124
125
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129
130
133
134
291
292
293
294
295
295.01
296
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298
453
454
455
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457
457.01
458
459
460
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11
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456
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July 27, 1944
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460
October 31, 1943
July 27, 1944
11
Note: --Fages of the October 31, 1943, edition bear no
edition date in the lower outside corner.
DEPOSITED BY THE
UNITED STATES OF AMERICATES ON REENTRY INTO THE FEDERAL SERVICE
123
AUG 20 KM
not be authorized if transfer would not or not the circumstances set forth by
have been authorized before separation. the department are such as to justify a
If the agency from which the individual bar to further employment in the red-
was separated objects to the transaction eral service (departmental circular No.
because he resigned in violation of an 404, January 20, 1943). *As to special
agreement or understanding to serve a procedure in the case of employees en-
longer period or to give a reasonable titled to veteran preference, see section
amount of notice and the Commission 2 of war-service regulation VII, page
agrees that the department's objections 30.*
are yalid, reappointment will not be ap- A person removed under section 9 (a)
proved during the 30-day period. A re- of the Hatch Act cannot be considered
quirement of more than two weeks' no- for reemployment in the position from
tice will, except in unusual circum- which he was removed, even though his
stances, be regarded as unreasonable record is subsequently cleared for reap-
(departmental circular No. 404, supple- pointment purposes. With respect to
ment 1, February 27, 1943).
the procedure for his reinstatement to
Reappointment after separation for other positions, see page 417.
cause.—Each application for reappoint- Section 4 of civil-service rule XII pro-
ment of a person who was last sepa- vides a method for effecting the rein-
rated from the Government service for statement, in a department other than
cause will be considered on its own the one from which separated, of an em-
merits, whether a year has elapsed ployee who has been removed on charges.
since separation or not. Determination For the text of this section and the
whether or not a separation is "for procedure thereunder, see pages 283 and
cause" will be governed by the actual. 183.
facts in the case rather than the word-
ing of the department's separation rec- SPECIAL TYPES OF REINSTATEMENTS OR
REAPPOINTMENTS
ord (actions of Commission, August 22
and October 30, 1942).
Reinstatement of conscientious objeo-
When discharge is for inefficiency not tors. See page 142.
due to delinquency or misconduct, and
*Reinstatement after honorable dis-
it is desired to give further trial on charge from armed forces.-Mandatory
work of a character better fitted to the restoration under the Selective Training
abilities of the employee, reappointment and Service Act and similar legislation
will be approved if other requirements is discussed on pages 137 to 145.
are met (Commission's minute 2 of No- Appointment of former classified em-
vember 13, 1900).
ployees who are honorably discharged
Whenever the circumstances
from the military service and who fail
rounding the separation of an employee of, or do not desire, mandatory restora-
are such as to reflect on his suita- tion under the provisions of the Selec-
bility for reemployment in the Fed- tive Training and Service Act may, at
eral service the employee must be noti- the request of the employee and the re-
fied in writing of these circumstances, questing agency, be approved under
preferably by a copy of the report to civil-service rule ix (see page 264),
the Commission of the personnel action, rather than under war-service regula-
and an employee who receives such a tion VIII. This would confer regular
notification has a right to file with the classified civil service appointment (de-
Civil Service Commission in writing a partmental circular No. 494, July 20,
presentation of his side of the case. 1944). Where immediate appointment
The Commission will determine whether is made pending reinstatement under
sur-
(July 27, 1944)
124 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
on
rule IX, the appointment will be au- will not be regarded as satisfying such
thorized under the provisions of section crder (Commission's minute 3 of July
1 of civil-service rule VIII (see page 25, 1934).
261). The agency should follow through Reappointment of injured employee.-
promptly, however, with all steps nec- An employee receiving compensation,
essary for formal reinstatement under who is carried on the rolls of his de-
rule IX (action of Commission, July 3, partment or office, may be recalled to
1944).
active duty without the reappointment
As to recall to duty or transfer of procedure prescribed in war-service
such employees, in cases where they are regulation VIII, but if he has been
carried on leave-without-pay or fur- separated from the rolls of his depart-
lough, see notes on pages 141 and 149, ment or office, prior authority of the
respectively.
Commission, the regional director, or
Mandatory reinstatement after serv- his representative for the reappoint-
ice in merchant marine.-See page 136.* ment must be obtained as prescribed
Mandatory reemployment after war in regulation VIII.
transfer.-See pages 146 to 147.
A person drawing compensation in-
Reinstatement of classified employees der the Federal Employees' Compensa-
to field positions in the Post Office De- tion Act may or may not have the
partment.-See notes
page 266.
status of employee. The fact of ac-
*As to postmaster positions, see pages
quiring a compensation status does not
377 to 382.*
per se work a severance of his rela-
Reinstatement of former legislative
tion to the Government as employee.
employee under section 2(b) of the
He retains his status of employed so
Ramspeck Act. See notes on page 134.
long as his name is borne upon the pay
Reappointment of person separated
because of failure to qualify for reten- rolls of his department (21. Pension
tion under the Ramspeck Act.-See notes
and Retirement 311).
on page 210.
Reappointment of person retired for
Persons appointed through individual disability.-See notes on page 121.
Executive orders.--An Executive order-|
Reappointment of person retired for
which permits the permanent appoint- age.-See notes on page 129. .
ment of an individual without regard Reemployment list.See notes below.
to the provisions of the Civil Service
*APPOINTMENT FROM WAR REEMPLOY-
Act and rules shall be construed as
MENT LIST
being satisfied when one permanent ap-
pointment is made thereunder, and re- Eligibility for Entry on War Reemploy-
employment shall be subject to the
ment List
usual provisions of the rules or regula- The classes of persons who are eligible
tions relating to reinstatement or re- for entry on the War Reemployment
appointment. Temporary appointment List are set forth in war-service regu-
or appointments, under an Executive or-lation XIV (page 41.01). One of the
der permitting permanent employment, requirements applicable to all classes is
(July 27, 1944)
NOTES ON REENTRY INTO THE FEDERAL SERVICE
125
service in the executive branch of the position to which transferred with re-
United States Government (not merely employment rights—must have met all
the classified service), the District of the conditions precedent to the exercise
Columbia government (not including of his reemployment rights before be-
the D. C. Board of Education), or the ing eligible to apply for entry of his
Administrative Office of the United name on the reemployment list. (As
States Courts, prior to entry on the list. to these conditions precedent, see sec-
The definition of "executive branch of tion 5 of war-service regulation IX,
the United States Government" for this page 35, and the notes on page 147.)
purpose is the same as that used in An applicant under paragraph (c) of
connection with war transfers (see page section 1—that is, one whose claim is
148). Eligibility may be based on sery- based on his having entered the armed
ice in the Government Printing Office. forces or the merchant marine from a
Service under a temporary appointment, Federal position, or from a non-Federal
limited to one year or less, will not position to which he was transferred
serve as a basis for eligibility (action with reemployment rights—must sub-
of Commission, July 25, 1944).
mit proof of honorable discharge or
An applicant under paragraph (a), proof of issuance of a certificate of sub-
section 1, of regulation XIV—that is, stantially continuous service. However,
one who claims entry on the ground of he need not necessarily have met the
actual or prospective furlough or sepa- other conditions for mandatory reem-
ration on account of a reduction in ployment under the Selective Training
force may not apply prior to official no- and Service Act or similar legislation
tification of his separation or furlough (see pages 136 to 145). Only persons
on account of a reduction of force. (As who have not been reemployed in their
used in connection with the war reem- former positions or in other positions
ployment list, the term "separated” in the Federal Government (except
means "name removed from the rolls"; | temporary) are eligible for entry on the
the term “furloughed” means "carried list under this particular paragraph of
on the rolls in a nonpay status."
section 1.
An applicant under paragraph (0), An applicant under paragraph (e) of
section 1—that is, one whose claim is section 14that is, one whose claim is
based on inyoluntary separation from a | based upon actual or prospective sepa-
(July 27, 1944)
126 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
ration resulting from the removal of the (a) Establishment of lists.—War re-
Government agency or organizational employment lists will be maintained in
unit by which he is or was formerly the central office, in regional and branch
employed to a city beyond normal com- regional offices, and in those offices of
muting distance may not apply before representatives and of establishment
termination has been officially approved, boards where open competitive lists are
although he need not necessarily wait maintained. The establishment of war
until it becomes effective. The termi- reemployment lists at establishment
nation may be either voluntary or in- | boards (rating boards and labor
voluntary. "Normal commuting dis- boards) will not preclude the reappoint-
tance" will be determined by local con- ment of former employees in accordance
ditions. Movement of a governmental with regulation VIII' or the recall to
agency to the suburb of a large city duty of furloughed employees under ap-
where formerly located will generally plicable regulations of the Commission.
be construed as within "normal com- (6) Entry on list.-(1) Citizen-
muting distance."
ship.-No person will be entered on the
Eligibility under section 2 of regula- War Reemployment List unless he is a
tion XIV will result from favorable ac- citizen of or owes allegiance to the
tion by the Commission in cases handled United States.
under section 14 of the Veterans' Pref- (2) Application form.-Application
erence Act of 1944 (action of Commis- for entry on the War Reemployment
sion, July 25, 1944). (For the text of List will be made on Form 2888, Re-
section 14 of the act, see page 10.) vised,accompanied by completed Stand-
ard Forms 57 or 60. Standard Form 60
War Reemployment List Policies and
is to be used by persons applying for
Procedures
positions as mechanics, laborers, or
[Promulgated by Departmental Circular manual workers, or as trainees for such
No. 498, August 1, 1944 (9 F. R. 7860)] positions. Standard Form 57 is to be
War-service regulation XIV (see page See page 30.01.
41.01) supersedes the reemployment-list
2 Each department or agency should requi-
regulations issụed under authority of sition a supply of the application, Civil Serv-
ice Commission Form 2888, July 1944, "Ap-
Executive Order No. 5924 of September plication for Entry on War Reemployment
20, 1932. The procedures and policies List," from the Government Printing Office.
governing the operations of the war | Requisitions should be submitted only by or
reemployment list established under through the office authorized to procure
printing from the Government Printing Office
war-service regulation XIV are
for the central office of the department or
follows:
agency.
as
(July 27, 1944)
.
NOTES ON REENTRY INTO THE FEDERAL SERVICE
127
*
used by persons applying for all other | List will be one year from the date of
types of positions.
entry of name on the list: Provided,
(3) Agency endorsement.--Endorse- however, That eligibility on the list may
ment of the agency on Form 2888, Re- be terminated at any time that the list
vised, will be construed as its consent is abolished after the cessation of the
for reappointment of the applicant in war. A furloughed employee who is
the Federal service.'
placed on the War Reemployment List
(4) Entry on more than one list.- and while on furlough is separated from
Persons may have their names entered the service by reduction of force, will
on the War Reemployment List of the not thereby acquire an extension of
central office and of one or more of the eligibility. Suspension from the list
following offices of the Commission: because of declination, failure to re-
The regional, the branch regional, and spond, or other reasons will not extend
the representative's office serving the the period of eligibility.
territory in which they are residents (d) Removal from and restoration to
(legal or actual) or in which they last the list.-Acceptance of any Federal
served in a Federal agency, and the employment, other than temporary em-
local board office for the agency and in ployment, or declination of offer of ap-
the locality in which they last serred. pointment or failure to respond, will
A separate application, together with cause removal of a person's name from
the necessary forms, must be filed for the War Reemployment List. Restora-
each list on which entry is desired. tion to the list of names removed for
(c) Period of eligibility.--The period declination or failure to respond will be
of eligibility on the War Reemployment governed by the same rules as govern
the reentry of names on competitive
8 The agency endorsement will be taken as lists..
proof of the applicant's statements on Form
(e) Positions for which persons on
2888 regarding his service under the jurisdic-
tion of the particular department or agency.
list will be considered.-The names of
It will also be taken as a release for the persons on the War Reemployment List
applicant's appointment in another agency. will be considered for positions for
It will not be taken, however, as a release
from any temporary employment accepted in 4 As to reentry of names on competitive
the meantime. The agency desiring to ap- lists, see page 69. While acceptance of tem-
point a person from the War Reemployment porary appointment will not cause removal
list must, if it finds the employee employed of the name from the list, the appointment
elsewhere, request transfer under war-service from the list of a person who is serving
regulation IX (action of Commission, July under such temporary appointment is subject
25, 1944). For the text of regulation IX, see to the war-transfer procedure under war-
page 31 ; for procedure thereunder, see pages service regulation IX. (See pages 31 and
150 to 156.
150.)
(July 27, 1944)
128 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
*
which they are found to be currently (2) Assignment to duty.- Certifica-
qualified under standards prescribed by tion from the War Reemployment List
the Commission and in effect at the time will be sufficient authority to make as-
of application for entry of their names signment to duty as soon as applicable
on such list."
War Manpower Commission regulations
(f) Apportionment. The provisions have been complied with, except where
of section 3 of War Service Regulation it is found that the applicant has been
IV,' relating to the apportionment of reemployed in the Federal service since
positions among the several states, will entry of his name on the War Reemploy-
not be applicable to certification or ment List and is on active duty with
appointment from the War Reemploy- another Federal agency, in which case
ment List, and such appointments will war transfer procedure will be appli-
not be charged to the quota of any state cable.8
under such apportionment.
(3) Reports.-An appointing officer
(9) Appointment.-(1) Type of ap- who selects from the War Reemploy-
pointment.-All appointments from the ment List a person who is still on the
War Reemployment List will be made rolls of, but on furlough or leave (with
under War Service Regulation XIV and or without pay) from, another depart-
ment, will so notify that department,
unless otherwise specifically limited
may be for the duration of the war and giving the date of his entrance on duty
may be for the duration of the war and in the new position. Accessions of per-
not to exceed 6 months thereafter.?
sonnel through the employment of per-
sons certified from the War Reemploy-
5.When granted veteran preference, an ap- ment List should be reported as "Re-
plicant for the list will be given the same
employment List Appointments."
preference, including the addition of points
to earned ratings, that is given an appli-
(4) Trial period.-Persons appointed
cant entitled to preference in a competitive from the War Reemployment List will
examination (action of Commission, July 25, be required to serve a new trial period
1944).
of one year.
See page 27.
? The order of entry on and the order of num, the order of certification will be:
certification from the war reemployment list (1) All eligibles on the war reemployment
will be governed by the provisions of war- list.
service regulations III and IV (pages 23 to (2) All eligibles on the competitive list.
28) and of instructions of the Commission Consideration and appointment from
thereunder. (pages 68 and 72). The order mixed certificate, composed of eligibles from
of selection will be as set forth on page 86, the war reemployment list and from the com-
and the appointment forms required for ap- petitive list, may be inade only in the order
pointment under war-service regulation V of listing.
(see pages 101 to 110) are required for ap- For local-board positions (including posi-
pointment from the reemployment list (ac- tions under the jurisdiction of labor boards
tion of Cominission, July 25, 1944).
in naval establishments) eligibles shall be
The following order of certification will be certified first from the local-board lists in
followed as between the war reemployment the order set forth above and secondly from
list and the competitive list, except for posi- the regional office war reemployment lists
tions in the Professional Service paying a (action of Commission, July 26, 1944).
basic salary above $3,000 per annum:
Appointments under war-service regula-
(1) Eligibles granted 10-point preference tion XIV will give the employee a
on the war reemployment list.
service appointment. However, appointment
(2) Eligibles granted 10-point preference from the war reemployment list under war-
on the competitive list.
service regulation XIV will not prevent a
(3) All other eligibles on the war reem- later conversion of such appointment, as in
ployment list.
the case of a returning veteran, to a perma-
(4) All other eligibles on the competitive nent appointment under civil-service rule IX
list.
or X (action of Commission, July 25, 1944).
For positions in the Professional Service 8 For the war transfer procedure, see notes
paying a basic salary above $3,000 per an- on page 150.
el
war-
(July 27, 1944)
NOTES ON REENTRY INTO THE FEDERAL SERVICE
129
ber 29, 1938; see also 18 Comp. Gen.
RETENTION OR REEMPLOYMENT AFTER
625, January 25, 1939). It is not lim-
REACHING RETIREMENT AGE
ited to employees retired under one of
the retirement acts administered by the
General statutory prohibition against Civil Service Commission, but extends
retention after reaching retirement age to employees retired under other retire-
and reemployment after retirement for ment systems, in the absence of specific
age.-Section 204 of the act of June 30, exemptions therefrom. It is not appli-
1932 (47 Stat. 404; 5 U. S. C. 1940 ed. cable, however, to retired officers of the
715a), reads as follows:
Army (23 Comp. Gen. 272, October 14,
“On and after July 1, 1932, no person 1943). For a list of retirement acts, see
rendering civilian service in any branch pages ix to xiji of the Commission's
or service of the United States Gov- Form 3020, December 1942 edition.
ernment or the municipal government of From time to time the President
the District of Columbia who shall have issues Executive orders, under the au-
reached the retirement age prescribed thority contained in the statute quoted
for automatic separation from the serv- above, continuing employees in the serv-
ice, applicable to such person, shall be ice after reaching the retirement age.
continued in such service, notwithstand- Generally the duration of such continu-
ing any provision of law or regulation ance is stated in the order. The At-
to the contrary: Provided, That the torney General has held in an opinion
President may, by Executive order, ex- of July 21, 1933 (37 Op. Atty. Gen. 187),
empt from the provisions of this section that where it is impossible to fix defi-
any person when, in his judgment, the nitely the period of continuance and no
public interest so requires : Provided such period is fixed in the President's
further, That no such person heretofore order continuing the employee, the lat-
or hereafter separated from the service ter is to be continued until such time
of the United States or the District of as the President determines that the
Columbia under any provision of law public interest no longer requires his
or regulation providing for such retire- continuance in the service.
ment on account of age shall be eligible Statutory exceptions from the general
again to appointment to any appointive prohibition against continuance beyond
office, position, or employment under the retirement age or reemployment after
United States or the District of Colum-retirement.-(a) Persons retired under
bia: Provided further, That this section the Civil Service Retirement Act.-
shall not apply to any person named in Section 2 of the Civil Service Retire-
any act of Congress providing for the ment Act of May 29, 1930 (46 Stat.
continuance of such person in the 469, 474; 5 U. S. C. 1940 ed. 715,
service."
735), as amended by the acts of Jan-
The prohibition against reemployment uary 24, 1942 (56 Stat. 14), and March
of retired civilian personnel quoted 7, 1942 (56 Stat. 147), permits the re-
above is not limited to "officers” and employment of certain employees re-
"employees” as those terms are defined tired thereunder. This exception from
in title I of the act of June 30, 1932 (in the general prohibition applies only to
which the prohibition is included as persons retired under the Civil Service
section 204), but extends to any employ- Retirement Act. The text of section
ment of purely. personal services 2 is as follows:
whether on a contract basis or by ap- “(a) Except as provided in section
pointment (18 Comp. Gen. 573, Decem- | 204 of the act of June 30, 1932 (47
130 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
22 and
Stat. 404), and section 3 of the act of tired thereunder. This exception from
July 13, 1937 (50 Stat. 512), all officers the general prohibition applies only to
or employees to whom this act applies persons retired under the Canal Zone
shall, on the last day of the month in Retirement Act. The text of section 2
which they attain retirement: age as is as follows:
defined in the preceding section;
"On and after July 1, 1932, no em-
having rendered at least fifteen years ployee to whom this article applies who
of service, be automatically separated shall have reached the retirement age
from the service, and all salary, pay, prescribed for automatic separation
or compensation shall cease from that from the service, shall be continued
date, and it shall be the duty of the in such service, notwithstanding any
head of each department, branch, or provision of law or regulation to the
independent office of the Government contrary: Provided, That the President
concerned to notify each such employee may, by Executive order, exempt from
under his direction of the date of his the provisions of this paragraph any
separation from the service at least person when, in his judgment, the pub-
sixty days in advance thereof.
lic interest so requires : Provided fur-
.“(b) No person separated from the ther, That no person separated from the
service who is receiving an annuity service who is receiving an annuity
under the provisions of section 1 of this under the provisions of this section or
act shall be eligible again to appoint- section 93 of this title shall be eligible
ment to any appointive office, position, again to appointment to any appointive
or employment under the United States office, position, or employment to which
or of the government of the District this article applies, or under the United
of Columbia unless the appointing au- States or of the government of the
thority determines that he is possessed District of Columbia unless the appoint-
of special qualifications, in which event ing authority determines that he is
payment of his annuity shall be ter- possessed of special qualifications, in
minated during the period of his ap- which event payment of his annuity
pointment. Any such person whose shall be terminated during the period
of
termination of his appointment, have his son whose annuity is terminated, shall,
subsequent annuity rights determined upon the termination of his appoint-
under the provisions of law in effect at ment, have his subsequent annuity
the time of such termination.”
rights determined under the provisions
(Section 1 of the act, referred to in of this article in effect at the time of
the section just quoted, provides for the such termination: Provided further,
retirement of employees upon the exer- That this paragraph shall not apply
cise of an option or upon reaching the to any person named in any act of
superannuation age.)
Congress providing for the continuance
For procedure in effecting reemploy- of such person in the service.”
ments under the section just quoted,
For procedure in effecting reemploy-
see page 132.
ments under this act, see page 132.
(0) Persons retired under the Canal (c) Persons retired under the Alaska
Zone Retirement Act.—Section 2 of the Railroad Retirement Act. The act of
Canal Zone Retirement Act of March December 22, 1942 (56 Stat. 1070; 5
2, 1931 (46 Stat. 1471; 48 U. S. C. U. S. 0. 1940 ed., supplement II, 745
1940 ed. 1371a), as amended by the act note), contains the following exception
of July 29, 1942 (56 Stat. 726), permits from the general prohibition against the
the reemployment of certain persons re- reemployment of persons who have been
» Seventy years.
retired for age:
19
NOTES ON REENTRY INTO THE FEDERAL SERVICE
133
partment or position from which retired. sick leave used but unaccrued during the
Such reemployment, however, must be entire period of service, either before or
for the purpose of actual and substan- after retirement, must be collected (21
tial service and not be for the purpose Comp. Gen. 694, January 20, 1942).
of subsequent retirement at a higher Only the following records are nec-
annuity. The Retirement Division of essary to effect the retention of em-
the Civil Service Commission should be ployees who are about to retire and who
immediately notified *by letterof any are eligible for retention under this
reemployment under this authority. authority:
*In addition, the reemployment should (1) Report of the automatic separa-
be reported on the regular report of tion because of retirement of an em-
changes described on page 203 (Com-ployee who reaches the compulsory re-
mission's minute 2 of June 2, 1942; re- tirement age but whose continued sery-
tirement circular No. 107, August 19, | ices are desired by the same department
1942).*
should be made to the Service Record
If an annuitant is reemployed under Division of the Civil Service Commission
the authority contained in the amend at the same time report of his reemploy-
ments to the Civil Service and Canal ment under the provisions of the amend-
Zone Retirement Acts, his annuity is ment to the appropriate act is made. In
terminated, but he again becomes sub- such cases reports should be made on
ject to the retirement law with a new the usual personnel action report (see
retirement right under the law in effect page 203) and should show "Retired
at the time of subsequent separation (age), (effeotive date);
(effeotive date); Reemployed
from service (retiremeut circular No. (effective date) under act of January
107, August 19, 1942). *The termina- 24, 1942 (or July 29, 1942, whichever
tion of the annuity is required even act is applicable to the particular case
though the position in which reem- being reported on)”.
ployed is not within the purview of the (2) In the case of a person imme-
Retirement Act, and even though the diately reemployed upon his reaching
reemployment is without compensation. the age for automatic separation under
Reemployment in a position not within the Civil Service Retirement Act, or the
the purview of the Retirement Act, al- Canal Zone Retirement Act, the depart-
though it terminates payment of the ment or agency in which he is serving
annuity during employment, need not be should retain Civil Service Commission
regarded as terminating the right to re- Form 2806 (Retirement Account) and
ceive the same annuity upon termina-should enter thereon a statement show-
tion of the annuitant's reemploymenting the employee was retired for age on
(23 Comp. Gen. 664, March 10, 1944).* | a certain date and reemployed as of the
Immediate reemployment of persons next day (i. e., "Retired (age) November
who reach the retirement age.-Reem- 30, 1942; Reemployed December 1, 1942
ployment under the authority set forth under Act of January 24, 1942 or July 29,
in the preceding note may be made 1942, as applicable"). The usual retire-
immediately without there being an ment deduction of 5 percent should, of
actual break in service, or intervening course, continue to be made from the
period for which an annuity is payable salary of the employees.
(21 Comp. Gen. 805, February 24, 1942). In the case of reappointment to a
In such cases, the provisions of the first-, second-, or third-class postmaster-
annual and sick leave acts and regu- ship, nomination by the President and
lations are applicable just as in any confirmation by the Senate is required.
other case of separation and reappoint- Agencies and departments are
ment without break in service. The quested to ask any employee who is
employee should be credited under his about to retire and is eligible for reten-
reappointment with the annual and tion under amendments to the Civil
sick leave accrued and unused under his Service Retirement Act and the Canal
service prior to retirement. If he is Zone Retirement Act because he pos-
subsequently separated from the service sesses special qualifications, and whom
by voluntary resignation, the amount of they are not able to retain, to file Stand-
compensation received for any annual or ard Borm 57 with the Commission in
re-
(July 27, 1944)
134 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
order that his qualifications may be competitive examination as the Civil
analyzed with a view to utilizing his Service Commission may prescribe, a
services to the best interest of the war classified civil service status for trans-
program (departmental circular No. 400, fer to a position in the classified civil
December 31, 1942; Commission's min- service notwithstanding any contrary
ute 1 of July 20, 1943).
provisions of the civil service laws or
Reappointment of persons erroneously regulations: Provided, That any indi-
separated under the impression that vidual who may bold such a position in
they are eligible for retirement.-In the legislative branch must obtain such
cases where employees are separated transfer within one year from the date
from the rolls of a department through of separation, and nothing in this act
inadvertence on the assumption that shall be construed to impair any right
such employees have sufficient service of retransfer provided for under civil
for retirement, authority for reappoint- service laws or regulations made there-
ment will be granted upon the request under."
of the department concerned within a
Reinstatements under the section just
reasonable time without the forinality quoted are not affected by the war-
of filing all papers required in reap- service regulations (departmental cir-
pointment cases (Commission's minute cular No. 323, revised, March 30, 1942).
2 of December 19, 1933).
The following interpretations of sec-
Under a decision of the Comptroller tion 2 (b) of the “Ramspeck Act” are
General of November 21, 1931 (11 contained in the Commission's depart-
Comp. Gen. 202), an employee who was mental circular No. 247, January 9, 1941:
erroneously separated from the active
(1) There are included within the
roll for purposes of superannuation or scope of this section all persons who
disability retirement, and subsequently have served for four years as secre-
restored to duty upon discovery of the tary, clerk, or assistant clerk to a Sen-
error, is not to be considered as having ator, Representative, Delegate or Resi-
been separated from the service, but dent Commissioner, or to a standing
may be retroactively granted leave with committee of the Senate or House of
or without pay, not to exceed the Representatives, and all persons who
amount authorized by statute, covering have served for four years as a cler-
the period he was erroneously consid- ical employee of any branch of the Sen-
ered as not on the active roll.
ate or House of Representatives, such
as the Office of the Vice President, the
REINSTATEMENT OF FORMER LEGISLATIVE
EMPLOYEES TO THE CLASSIFIED SERVICE
Office of the Secretary of the Senate,
the Office of the Speaker of the House,
Section 2 (b) of title I of the "Ram- the Document Room, the Office of the
speck Act” of November 26, 1940 (54 Sergeant at Arms and Doorkeeper, the
Stat. 1211; 5 U. S. C. 1940 ed. 631b), Post Office, the Folding Room, etc.
provides as follows:
This section does not apply to em-
"From and after the effective date of ployees not engaged in a clerical ca-
this act any person who shall have pacity, such as laborers, messengers,
served for four years as a secretary, elevator operators, carpenters, etc.
clerk or assistant clerk to a Senator,
(2) To be eligible under this section
Representative, Delegate or Resident the employee's separation must have
Commissioner, or as a clerk or assistant been involuntary and without preju-
clerk to a standing committee of the dice; that is, his record must have been
Senate or House of Representatives or good and his separation must have
as a clerical employee of the Senate or been because of circumstaạces beyond
House of Representatives and whose his control, such as the death, defeat
separation from the service is involun- or resignation of his employer, separa-
tary and without prejudice shall action because of lack of work, lack of
quire, upon passing such suitable non- funds, or involuntary separation for
RULE XVI-REGULATIONS
291
RULE XVI
REGULATIONS 1
1. Authority to make regulations. The Commission shall have au-
thority to make regulations for the execution of these rules.
2. Regulations.—No executive department or agency shall make any
modification of its civil service regulations without the approval of
the Commission.
1 Authority for rule XVI.-Rule XVI is based upon the following provisions of section 2
of the Civil Service Act: “*
when said rules shall have been promulgated it shall
be the duty of all officers of the United States in the departments and offices to which
any such rules may relate to aid, in all proper ways, in carrying said rules, and any
modifications thereof, into effect.
Said Commission sliall, subject to the rules
that may be made by the President, make regulations for, and have control of, such
examinations
*.! (See pages 5 and 6.)
*In addition, the Veterans' Preference Act of 1944 (see page 10) provides, in section 11
thereof, that "the Civil Service Commission is hereby authorized to promulgate appro-
priate rules and regulations for the administration and enforcement of the provisions of
this act” and, in section 19 thereof, that "it shall be the authority and duty of the
Civil Service Commission in all cases under the classified civil service to make and
enforce appropriate rules and regulations to carry into full effect the provisions, intent,
and purpose of this act and such Executive orders as may be issued pursuant thereto
and in furtherance thereof."*
See also notes on the rule-making power and the regulation-making power on pages 18
and 407.
(July 27, 1944)
SCHEDULE A OF THE CIVIL SERVICE RULES
POSITIONS EXCEPTED FROM EXAMINATION UNDER SECTION 3,
CIVIL SERVICE RULE II
1
[As amended by Executive Order No. 9004, December 30, 1941]
The Civil Service Commission with the concurrence of the department or
agency concerned may revoke in whole or in part any paragraph of Schedule
A or B.?
Final decision as to whether the duties of any position in the executive civil
service are such that appointments thereto are authorized under any paragraph
of Schedule A or B shall rest with the Civil Service Commission.'
I. ENTIRE EXECUTIVE CIVIL SERVICE
1. Chaplains.
2. Cooks, when in the opinion of the Commission it is not expedient to make
appointment upon competitive examination; but this paragraph shall not apply
to positions of cook at fixed locations, such as hospitals, quarantine stations, or
penal institutions. 88
3. Positions to which appointments are made by the President without con-
firmation by the Senate.“
4. Special attorneys employed on a temporary basis for specific litigation or
other legal work where knowledge of local values or conditions or other specialized
qualifications not possessed by the attorneys regularly employed by the depart-
ment are required for successful results. Such temporary employment shall be
only for such time as is required to complete the specific assignment for which
the original appointment was approved.
5. Chinese, Japanese, and Hindu interpreters.
6. Any person receiving from one department or establishment of the Gov-
ernment for his personal salary compensation aggregating not more than $540 per
* No department will be permitted to use a position under Schedule A in exchange for an
excepted position the incumbent of which possesses a classified status. An excepted ap-
pointment must be covered specifically by one of the provisions of Schedule A (Commission's
minute 3 of September 8, 1932).
Not more than one position shall be treated as excepted under the title of any such
position unless a different number be indicated.
As to the effect of War Manpower Commission employment-stabilization programs
upon recruitment for Schedule A positions, see notes on page 49.*
* This paragraph, which appeared near the end of Executive Order No. 9004, has been
transferred to the head of Schedule A for convenience in reference.
8 This paragraph, which appeared near the end of Executive Order No. 9004, has been
transferred to the head of Schedule A for convenience in reference.
The Commission held, in minute 3 of December 20, 1988, that confidential relationships
cannot be considered as an appropriate basis for walving the competitive requirements of
the Civil Service Act.
*88
sa For the duration of the war and six months thereafter, general authority has been
granted for the appointment of cooks in the Bureau of Entomology and Plant Quarantine,
Department of Agriculture, under this paragraph without prior authority of the Commis-
sion (Commission's minute 1 of July 4, 1944). This Bureau was consolidated into the
Agricultural Research Administration by Executive Order No. 9069, February 23, 1942.*
* This paragraph applies only to positions to which appointment is made directly by the
President, including all positions in the immediave office of the President. It does not
apply to positions in other bureaus and offices of the Executive Office of the President
unless appointment is made directly by the President (based on Commission's minute 5
of March 8, 1941).
o For other provisions concerning the appointment of attorneys, see notes, page 169.
292
(July 27, 1944)
SCHEDULE A
293
annum whose duties require only a portion of his time, or whose services are
needed for very brief periods at intervals, provided that employment under this
provision shall not be for job work such as contemplated in section 4 of rule VIII.
Appointments under this paragraph for duty in Washington, D. C., may be made
only with the express prior approval of the Commission when in the opinion of
the Commission the use of existing registers or the establishment of new registers
is impracticable. The name of the employee, designation, duties, rate of pay, and
place of employment shall be shown in the periodical reports of changes; and
in addition, when payment is not at a per annum rate, the total service rendered
and the distribution of such service during the year shall be shown in the report
of changes at the end of each year or when the employee is separated from the
service. The additional employment under similar conditions of such a person
by another department or establishment of the Government will be subject to the
approval of the Commission.'
7. Any person employed in a foreign country or in the Virgin Islands, or in
Puerto Rico when public exigency warrants, or in any island possession of the
United States in the Pacific Ocean (except the Hawaiian Islands), or in the
Philippine Islands, when in the opinion of the Commission it is not practicable
to treat the position as in the competitive classified service; but this paragraph
shall not apply to any person employed in Canada or Mexico in the service of the
Immigration and Naturalization Service, Department of Justice, or to any person
employed in any foreign country, or in the Virgin Islands, by the Bureau of
Customs of the Treasury Department.?
8. Officers and employees in the Federal service on the Isthmus of Panama,
except accountant, bookkeeper, clerk, draftsman, physician, play-ground director,
statistician, stenographer, surgeon, trained nurse, typist, and harbor personnel in
the Quartermaster Corps of the War Department. Appointments to clerical
positions on the Isthmus of Panama paying $100 in United States currency per
month or less may be made without examination.s
9. Positions in Alaska when, in the opinion of the Commission, the use of
existing registers or the establishment of new registers is considered imprac-
ticable. Former employees who served in positions excepted under this para-
graph may be reinstated to positions in Alaska in the department in which they
• Appointments to positions of seismograph tender and tide observer in the field service
of the Coast and Geodetic Survey may be made under this paragraph where the compensation
in each case does not exceed $540 per annum (letter to Commerce Department, May 15, 1939).
General authority under Schedule A, subdivision I, paragraph 6, has been granted for
the appointment of technicians and clerks intermittently for short periods of time for duty
with medical boards at induction centers in connection with the selectee training program
(Commission's minute 3 of January 9, 1941).
*Schedule A-I-6 does not apply to part-time appointments to positions in the offices of
local war-price and rationing boards of the Office of Price Administration (action of
Commission, April 5, 1944).*
? For the duration of the emergency declared by the President to exist on May 27, 1941,
general authority has been granted to all departments and agencies to effect appointments
to positions falling under Schedule A, subdivision I, paragraph 7 without submission of indi-
vidual cases to the Commission for approval. Appointments effected under this authority
need merely be reported on the regular reports of changes in civilian personnel, but the
reports should show clearly that the official station of the employee is such that his appoint-
ment was properly effected under Schedule a, subdivision 1, paragraph 7 (departmental
circular No. 289, November 24, 1941; Commission's minute 2 of November 13, 1941).
With respect to the appointment of attorneys under this section, see page 178.
8 Under Schedule A, subdivision IV, par. 14, all positions in the War Department on the
Isthmus of Panama are excepted during the emergency declared by the President to exist
on May 27, 1941.
(July 27, 1944)
294 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
served upon recommendation of the appointing officer and approval of the Civil
Service Commission."
10. Temporary, part-time, or intermittent employments of mechanics, skilled
laborers, and tradesmen on construction or repair work in the field services, in
places where there is no local board of examiners of the Civil Service Commis-
sion for the employing establishment, and where the Commission deems it
impracticable to establish registers of eligibles. Seasonal employments of a
recurring nature are not authorized under this paragraph.10
For the duration of the war, general authority has been granted to all departments
and agencies to effect appointments in Alaska under Schedule A, subdivision I, paragraph 9,
without the submission of individual cases to the Commission for approval. Appoint-
ments effected under this authority need merely be reported on the regular reports of
changes in civilian personnel, but the report should show clearly that the official station
of the employee is Alaska (departmental circular No. 327, March 31, 1942).
Departmental circular No. 327 will be regarded as permitting appointments to clerical
and custodial positions in post offices in Alaska without the submission of individual
cases to the Commission for approval, but will not be regarded as changing the present
method of effecting appointments to postmaster positions in Alaska (Commission's minute
5 of May 20, 1942). Appointments to fourth-class postmasterships in Alaska will be
authorized under Schedule A-I-9 but appointments to Presidential postmasterships in
Alaska will be made through competitive examination (Commission's minute 1 of April 7,
1939).
Section 13 of the act of September 1, 1937 (50 Stat. 902; 48 U. S. C., 1940 ed, 2501),
which authorizes the acquisition of property and reindeer for the natives of Alaska for the
purpose of establishing a reindeer industry, provides as follows: "Whenever, in his
judgment, it is practicable and to the best interests of tbe natives the Secretary [of the
Interior) shall appoint natives to the supervisory and other positions in the administration
of such reindeer industry or business." While it is not believed that the provisions
of this section remove the appointments of natives of Alaska from the provisions of the
Civil Service Act and rules, par. 9, subdivision I, Schedule A, covers this class of employ-
ment (Commission's minute 5 of September 22, 1937).
10 Since the purpose of this paragraph is to expedite appointments in the types and
classes of positions described, the prior approval of the Commission will not be required.
Such appointments will be approved for service in any locality where there is no local
board of examiners for the employing establishment, and where the Commission deems
it impracticable to establish registers of eligibles. Appointments will not be authorized
under this paragraph in cities in which regional headquarters offices of the Coninission
are located. In such localities, and in localities where local boards of examiners for the
employing agencies are situated, temporary appointments of this nature must be effected
under the appropriate section of rule VIII or the War Service Regulations. Employments
contemplated to last more than 6 months are not authorized under Schedule A, subdivi-
sion I, par. 10, nor are seasonal employments of a recurring nature (departmental circu-
lar No. 180, March 7, 1939).
The Commission has approved restoration of the use by field establishments of the Quar-
termaster Corps of the provisions of Schedule A, subdivision I, par. 10, for employments
that come within the provisions of that paragraph (Commission's minute 3 of September
7, 1939).
Reports of appointments under Schedule A-I-10.-As soon as an appointment has been
made under Schedule A-I-10, the appointing officer shall report it at once to the re-
gional director by letter in triplicate, giving the full name of the appointee, date of birth,
date of appointment, designation, salary, official station, expected duration of service,
and a history of any service rendered under the same paragraph of Schedule A during
the preceding 12 months. The regional director will return one copy to the appointing
officer with a statement of final approval or disapproval, and in cases approved will
forward one copy, similarly noted, to the central ofice of the department. Any subse-
quent changes in the status of employees so appointed shall be reported to the regional
director in the same manner. Reports of separations of such employees should show periods
of actual employment in cases in which the service bas been intermittent. Employments of
this type shall not be included in the regular reports of changes submitted on Standard
Form 50 as prescribed on page 203 (departmental circular No. 180, March 7, 1939).
When an appointing officer wishes to redesignate an employee serving under Schedule A,
subdivision I, par. 10, he may report the action as a change in designation in lieu of report-
SCHEDULE A
295
11. Any position directly concerned with the protection of the life and safety
of the President and the members of his family.
12. Any person appointed without compensation or at a compensation of $1.00
per annum, provided such employments meet the requirements of applicable laws
relating to compensation.
13. Professional, scientific and technical experts for temporary, part-time or
intermittent employment for consultation purposes."
ing separation and reappointment, provided the position to which the employee is changed
is also excepted from examination under the same schedule. Positions of general foreman
and of foreman of mechanical trades for construction and repair work, as contemplated
under Schedule A, subdivision I, par. 10, may be approved under that authority (action of
Commission, June 23, 1939).
Seasonal employments of a recurring nature --Appointments of the same person to the
same position in the same locality, season after season, should be treated as competitive
under the civil-service rules. Such appointments may be authorized without examination
under war-service regulations if, in the judgment of the Commission's regional direc-
tor, a competitive examination would not be justified because of the limited opportunity
for employment
Appointments of the same person to the same position in different localities, season
after season, may be authorized under the Schedule A provision if an appropriate eligible
register has not been established, but a person whose appointment was properly authorized
under the Schcdule A provision in one locality cannot serve under Schedule A in another
locality for which the local board of the employing agency has established an appropriate
register of eligibles.
Where an appointee is found to be performing the same or approximately the same duties
in the same locality season after season, under different designations, the position should
be regarded as competitive and handled as stated in the first paragraph of this note.
If employment of the same person is reported season after season in positions of an allied
nature, the employment may be regarded as competitive and an appropriate examination
announced for filling positions of the type involved if, in the judgment of the regional
director, the services of an employee will be required season after season for a sufficient
length of time to warrant the holding of an examination.
Appointments of the same person to different positions in different localities, season
after season, may be authorized under the Schedule A provision, in the absence of appro-
priate registers under the jurisdiction of the local board for the employing ingency (action
of Commission, April 18, 1939).
11 Approval of the Commission.- Prior approval of the Commission must be secured for
appointments under Schedule A-I-13. Before appointments under A-1-13 may be made
the Commission must find that the position is an "expert” position, that the duties of
the position are such as constitute employment for consultation purposes, and that service
is to be temporary, part-time, or intermittent. Requests for authority for appointments
under A-I-13 should therefore be accompanied by a description of the duties of the position,
a statement of the duration and distribution of the services to be rendered under the
proposed appointment, and a statement of the qualifications of the proposed appointee on
the Commission's form 57 (departmental circular No. 336, April 23, 1942).
*As authority to issue approval of Schedule A-I-13 appointments has not been delegated
to the Commission's regional oflices, requests for approval of such appointments, whether
in the field service or otherwise, should be directed to the central office of the Commission
(departmental circular No. 336, supplement 1, June 12, 1944).*
Duration of employments.--Appointments authorized by the Commission under Sched-
ule A-1-13 may not exceed 180 actual working days a year (departmental circular No. 336,
April 23, 1942). *The limitation of 180 days a year applies to the service year; in
other words, the limitation is to 180 actual working days within the year beginning with
the date of appointment.*
Nature of duties.—The position must be an "expert” position; that is, it must be com-
posed of duties and responsibilities essential to the accomplishment of the specialized
functions for which the organization was created, and they must be of such caliber as
to require definitely of the incumbent exceptional educational or experience qualifications
in that special field wbich are not generally obtainable. The compensation of the position
must be commensurate with the duties and responsibilities, and it must be allocated by
the Civil Service Commission if in the departmental service and subject to the Classifica-
tion Act of 1923, as amended. The appointment must be made "for consultation pur-
poses"; that is, the services of the appointee must be required to give professional,
(July 27, 1944)
602021°-4442
295.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
scientific, or technical advice or opinion in the field of bis special knowledge or training.
In the nature of things, therefore, the services of the consultants should normally be
required part-time, intermittently, or for temporary periods of brief duration.
A pro-
fessional, scientific, or technical expert in charge of the prosecution of a particular project
is not a consultant within the meaning of Schedule A-1-13. Usually the function of
a consultant is to give advice and opinion to the person in charge of a project (depart-
mental ciroular No. 336, April 23, 1942).
*Similar views have been expressed by the Comptroller General in construing the term
"consultant" for purposes of the travel statutes. Thus, in a decision of January 7, 1944
(23 Comp. Gen. 497), a "consultant” is defined as one who serves in an advisory capacity
to an administrative officer of the Government, as distinguished from one who serves as
an administrative officer or employee in the performance of the duties and responsibili-
ties imposed by law upon the agency in which employed; one who expresses his views or
gives his opinion regarding a problem or question presented to him by the administrative
officers, but does not perform, or supervise the performance of, the duties and responsibili-
ties imposed by law upon the agency. Cf., also, a decision of October 1, 1943 (23 Comp.
Gen. 245), in which the Comptroller General stated that, as a general criterion, if a
consultant is employed continuously to such an extent as to constitute him an "indefinite"
employee within the meaning of the annual and Sick Leave Regulations (see pages 485
and 494), he may not be regarded as employed "intermittently within the meaning of
an appropriation authorizing payment of travel expenses to and from their homes on
regular places of business to persons employed intermittently as consultants and paid on
a per diem “when actually employed" basis.*
(July 27, 1944)
SCHEDULE A
296
14. Unskilled laborers at any city, locality or establishment where the Labor
Regulations were not in effect on July 1, 1941. The Commission, with the con-
currence of the department or agency concerned, may include within the classified ·
civil service unskilled laborer positions at any such city, locality or establishment.
II. STATE DEPARTMENT 12
1. Five special assistants to the Secretary of State.
2. All employees of international commissions, congresses, conferences, and
boards, except the International Joint Commission; the International Boundary
Commission, United States and Mexico; and the International Boundary Com-
mission, United States, Alaska, and Canada.
3. Chief and Assistant Chief of the Foreign Service Buildings Office and Chief
of the Office of Foreign Service Furnishings.
4. Two private secretaries or confidential assistants to the Secretary of State,
and one to each Assistant Secretary of State. 14
5. One private secretary or confidential assistant to the head of each bureau
in the State Department appointed by the President.
6. One chauffeur for the Secretary of State.
7. Gage readers employed part-time or intermittently by the International
Boundary Commission, United States and Mexico, at such isolated localities that
in the opinion of the Commission the establishment of registers is impracticable.16
III. TREASURY DEPARTMENT 16
1. Two private secretaries or confidential assistants to the Secretary of the
Treasury, and one to each Assistant Secretary of the Treasury.
2. Special employees in the field service of the Bureau of Narcotics; and
special employees for temporary detective work in the field service of the Bureau
of Internal Revenue under the appropriation for detecting and bringing to trial
and punishment persons violating the internal revenue laws. Appointments
under this paragraph shall be limited to persons whose services are required
because of individual knowledge of violations of the law, and such appointments
shall be continued only so long as the personal knowledge possessed by the
appointee of such violation makes his services necessary. This exemption from
competition is for special and unusual cases only and report shall be made to
the Commission by letter as soon as the appointment is made.
3. Bureau of Customs : Positions in foreign countries designated as "interpre-
ter-translator" and "special employee," when filled by appointment of persons
who are not citizens of the United States; and positions in foreign countries of
messenger and janitor.
12 See excepted positions in this Department under beading "Entire Executive Civil
Service."
18 As amended by Executive Order 9200, July 16, 1912.
14 The phrase "Assistant Secretary of State' in this paragraph is construed to include
all assistant heads of the Department of State, by whatever designation they may be known,
and not merely those oficers designated "Assistant Secretary." The appointment of one
private secretary each to the Under Secretary of State and the Counselor of the Department
of State is, therefore, authorized under this paragraph (Commission's minute 4 of February
14, 1939).
16 During the period between February 1, 1939, and September 6, 1940, appointments
to these positions were made under par, 1(a) of Executive Order No. 8044 of January 31,
1939 (Commission's minute 3 of July 5, 1940).
10 See excepted positions in this Department under beading “Dotire Executive Civil
Service."
SCHEDULE A
297
4. Coast Guard : Lamplighters in the Lighthouse Service. 17
5. Five Assistants to the Secretary of the Treasury.
6. Receivers of insolvent national banks and other financial institutions which
are filled by appointment by the Comptroller of the Currency and whose salaries
are paid directly from the funds of insolvent institutions.
IV. WAR DEPARTMENT 18
19
1. Two private secretaries or confidential assistants to the Secretary of War
and one to each Assistant Secretary of War.
2. One chauffeur for the Secretary of War.
3. United States Army Transport Service: Longshoremen employed at ports
in the United States; and the following positions on transport ships: Seamen,
water tender, oiler, fireman, wiper, room-bath and deck steward, messman, mess-
boy, dishwasher, janitor, porter, scullion, silver and glass man, watchman, head-
waiter, waiter, bellboy, barber, laundryman, Post Exchange steward, administra-
tive assistant-Post Exchange, soda dispenser; and all grades of the following:
Cook, baker, butcher, pantryman.
4. Positions the duties of which are of a quasi-military nature and involve the
security of secret or confidential matter, when in the opinion of the Commission
they cannot be filled from registers of eligibles.
5. One consulting architect for work of reconstructing the United States Mili-
tary Academy, West Point, N. Y.
6. In the Philippine Islands: Artisans engaged in a recognized trade, craft or
skilled (manual) occupation; helpers in such occupations; and other subordinate
employees in similar manual occupations; when, in the opinion of the Commis-
sion, the establishment of registers is impracticable.?
7. Caretakers of abandoned military reservations or of abandoned or unoccu-
pied military posts when the positions are filled by retired noncommissioned
officers or enlisted men.
8. Civilian professors, instructors, and teachers at the United States Military
Academy, West Point, N. Y., except the following: Civilian instructor of wres-
tling, civilian instructor of boxing, civilian instructor of gymnastics, chapel
organist and choirinaster, teacher at the children's school, and librarian.21
17 During the period between February 1, 1939, and September 6, 1940, appointments to
lamplighter positions for which the salary aggregated $540 per annum or less were made
under Schedule A, subdivision I, par. 6, and appointments to such positions for which the
annual compensation was in excess of $540 per annum were made under par. 1 (a) of
Executive Order No. 8044 of January 31, 1939 (Commission's minute 1 of March 31, 1939).
18 See excepted positions in this Department under heading "Entire Executive Civil
Service."
10 Bombsight mechanics. [now aircraft instrument mechanics] may be appointed under
this paragraph, subject to individual approval of each proposed appointment (Commission's
minute 2 of August 12, 1940).
20 Appointments in the Pbilippine Islands may be made under this paragraph (or under
the provisions of Schedule A, subdivision V, paragraph 5, as the case may be) to artisan
positions in recognized trades, crafts or skilled (manual) occupations; helpers in such
occupations; and other subordinate employees in similar manual occupations (Commis-
sion's minute 4 of September 9, 1939).
21 The Military Appropriation Act, 1945 (Public Law 374, 78th Cong., June 28,
1944), authorized the performance of the duties of librarian, during the fiscal year
ending June 30, *1945* "by an officer of the Regular Army retired from active service under
the provisions of section 1251, Revised Statutes, and detailed on active duty for that
purpose."
(July 27, 1944)
298 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
9. Physicians and surgeons employed on a fee basis or under contract when,
in the opinion of the Commission, the establishment of registers is impracticable.
10. Employees at Army hospitals in the Philippines and in Puerto Rico when,
in the opinion of the Commission, the establishment of registers is impracticable.
11. Messenger boys employed on the Alaska Communications System.24
12. Internes (medical and dental) in Army hospitals.26
13. During the emergency declared by the President to exist on May 27, 1941,
employees of the Army Motion Picture Service and positions of hostess and
librarian under the Morale Branch of the Office of the Adjutant General assigned
to Army posts.
14. During the emergency declared by the President to exist on May 27, 1941,
all positions in the War Department on the Isthmus of Panama.
V. NAVY DEPARTMENT 20
1. Two private secretaries or confidential assistants to the Secretary of the
lavy, and one to each Assistant Secretary of the Navy.
2. Professors, instructors, and teachers in the United States Naval Academy.
3. Positions the duties of which are of a quasi-naval character and involve the
security of secret or confidential matter when, in the opinion of the Commission,
they cannot be filled from registers of eligibles.
4. Positions of attendant and orderly at the United States Naval Home when
filled by the appointment of beneficiaries of the Home.
5. At the naval stations at Cavite, Olongapo, and Guantanamo: Artisans
engaged in a recognized craft, trade, or skilled (manual) occupation; helpers
in such occupations; other subordinate employees in similar manual occupations;
supervisory employees over workers in these occupations; when, in the opinion
of the Commission, the establishment of registers is impracticable.at
22 Authority has been granted for the appointment under this paragraph of physicians
on a fee basis for special service in the Engineer Department at large, with the under-
standing that reports will be submitted to the Commission semiannually outlining all such
appointments made during the preceding six months and that the authority will not be
used to effect appointments which should properly be considered under section 4 of rule
VIII (Commission's minute 3 of July 18, 1939). Section 4 of rule VIII has since been
superseded, so far as the War Department is concerned, by the war service regulations.
General authority has been granted to the War Department under this paragraph for
the appointment of part-time or intermittent civilian physicians for emergency medical
services at Civilian Conservation Corps camps and in the vicinity thereof without prior
approval of the Commission (Commission's minute 1 of November 10, 1941).
23 The holding of examinations for filling positions at Army hospitals in the Philippines
and in Puerto Rico is impracticable because of the necessity for quick action in the
appointment of persons directly or indirectly having to do with the care of the sick,
because of the turnover of personnel and of the small number of positions involved in each
territory, and because, insofar as the Philippine Islands are concerned, they are expected
to become independent in 1946, under existing law. Appointments to such positions will,
accordingly, be made under the provisions of this paragraph (Commission's minute 2 of
March 7, 1939).
24 During the period between February 1, 1939, and September 6, 1940, appointments to
these positions were made under par. 1 (a) of Executive Order No. 8044 of January 31,
1939 (Commission's minute 3 of May 2, 1939).
25 During the period between February 1, 1939, and September 6, 1940, appointments to
these positions were made under par. 1 (a) of Executive Order No. 8044 of January
31, 1939 (Commission's minute 2 of November 17, 1939).
28 See excepted positions in this Department under heading "Entire Executive Civil
Service."
n See note 20, page 297, for certain positions which may be filled under this paragraph.
SALARY ADVANCEMENTS WITHIN GRADE
453
December 15, 1941). (See also note on An employee, previously ineligible
“Computation of period of service," for such a within-grade promotion by
page 455.)
reason of having attained the max-
Section 2 (b) of the act of August 1, imum salary of his grade, who was ap-
1941, is applicable only to persons pointed to a new position in a different
occupying positions which in the event of grade at the minimum salary thereof
a vacancy would be required to be filled on the first day of a quarter, and who
through Presidential appointment and met all conditions of the statute on
confirmation by the Senate. It does not that date, is not entitled to a within-
apply to positions which were once of grade promotion until the beginning or
this type but which are now in the com- the following quarter (22 Comp. Gen.
petitive civil service and are subject to 336, October 10, 1942).
the pay scales of the Classification Act.
*Beginning date of waiting period for
(See 21 Comp. Gen. 256, September 25, periodio within-grade salary advance-
1941.)
ments.-Under the terms of the within-
Where an act fixes a maximum salary grade salary advancement statute, an
limitation for certain positions but does employee may be granted a periodic
not preclude administrative allocation of within-grade salary advancement at the
the positions in appropriate Classifica- beginning of the next quarter following
tion Act grades, personnel who have 18 or 30 months of service only if "no
been so allocated are entitled, subject to equivalent increase in compensation
the statutory maximum salary limita- from any cause”, except salary advance-
tions, to the benefits of the act of Au-ments for exceptionally meritorious
gust 1, 1941, upon meeting the other re- services made pursuant to section 7 (f),
quirements of the act and the Presi-
was received during such period.
dent's regulations thereunder (21 Comp.
The 18- or 30-month waiting period
Gen. 323, October 13, 1941).
dates from the last "equivalent increase
Employees who are engaged on proj- | in compensation," regardless of the
ects pursuant to cooperative agreements branch of the service in which the
with States and municipalities, the ef- equivalent increase was granted (23
fect of which agreements is to reserve Comp. Gen. 471, December 31, 1943). As
to the State or municipality supervisory to transfer and reassignment cases in
control as to the fixing of salaries, are general, and particularly as to the spe-
not "occupying permanent positions
cial rulings applicable where the trans-
within the scope of the compensation
fer was made with reemployment rights
schedules” fixed by the Classification Act
under the war-service regulations, see
within the meaning of the act of August
1, 1941 (21 Comp. Gen. 1145, June 30,
The reallocation of a position to a
1942).
Meaning of phrase "maximum rate of higher grade does not preclude the
compensation for the
counting of previous service in the lower
grade.”—The
words "who have not attained the maxi- grade toward a periodic advancement in
mum rate of compensation for the grade the higher grade if the increase in com-
in which their positions are respectively pensation resulting from such realloca-
allocated" in the act of August 1, 1941, tion is less than the compensation incre-
hare reference to the grade held by an ments of the lower grade (22 Comp. Gen.
employee at the beginning of the quar- 151, August 19, 1942).*
ter when he otherwise would be eligible
Where the compensation increase
for automatic promotion and not to a resulting from the revision required by
grade held by him during a part of the
period of service required for automatic the act of August 1, 1942 (56 Stat. 733),
promotion (22 Comp. Gen. 151, August of the grade and salary rate of a cus-
19, 1942).
todial employee exceeded the compensa-
page 457.
(July 27, 1944)
454 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
tion increment in both his former grade of his efficiency rating, and was subse-
and in the grade in which he was placed quently restored to his former grade and
pursuant to the act, such increase con salary as the result of an appeal to an
stitutes an "equivalent increase in com- efficiency rating board (23 Comp. Gen.
pensation" within the meaning of the 486, January 4, 1941);
within-grade salary-advancement stat- (2) Where the reduction was inci-
ute of August 1, 1941, and the President to a transfer with reemployment
dent's regulations thereunder, so as to rights and benefits under the war-serv-
preclude an automatic promotion under ice regulations, and the restoration to
the latter statute until the beginning the higher salary is effected through the
of the quarter following the expiration exercise of such reenployment rights,
of 18 months from the effective date and upon mnecting the terms and condi-
of the increase (22 Comp. Gen. 179, tions prescribed by those regulations
September 4, 1942).
(based on 23 Comp. Gen. 471, December
*Salary increases resulting from 31, 1943; 23 Comp. Gen. 594, February
transfer to another position, or return 13, 1944) ;*
from transfer, are discussed on pages (3) Where there is an administrative
456.01 and 457.*
regulation providing for temporary "up
A reduction in salary during the pre- and down" salary changes (as distin-
scribed period that an employee must guished from salary changes under rules
serve without an "equivalent increase and regulations applicable to Govern-
in compensation" in order to be eligi- ment agencies generally) whereby em-
ble for a within-grade salary advance-ployees are temporarily assigned for 30
ment under the act of August 1, 1941, has days or less to positions paying higher
no effect on the employee's eligibility or lower salaries than their regular
for the increase, and where the reduc- positions and are restored to their regu-
tion follows a prior increase in salary, lar positions and salaries upon comple-
the said prescribed period continues to tion of such assignments. (See 21 Comup.
run from the effective date of ihe prior Gen. 773, l'ebruary 14, 1942.)
increase (21 Comp. Gen. 369, October 27,
An employee who was promoted tem-
1941).
A restoration in compensation after porarily to a higher grade with a result-
a reduction is an “equivalent increase ing increase in compensatiou at a per
annum rate exceeding a $100 one-step
in coinpensation from any cause" with-
in the meaning of the act of August 1, compensation increment in the lower
1941, providing for uniform within grade has received an "equivalent in-
grade salary allvancements, and the
in compensation" within the
President's regulations thereunder, and meaning of the within-grade salary ad-
the prescribed period that the employee vancement statute of August 1, 1941,
must serve without such an equivalent even though the actual amount of addi-
increase in order to be eligible for a sal- tional compensation received during the
ary advancement under the act begins effective period of the promotion was
to run from the date of the restoration less than $100 (22 Comp. Gen. 1051,
(21 Comp. Gen. 285, October 2, 1941; 21 May 20, 1943).
Comp. Gen. 326, October 13, 1941; 21 Where an employee has received three
Comp. Gen. 369, October 27, 1941). An salary increases none of which equaled
exception to this ruling exists in cases: a one-step compensation incremeat in
*(1) Where the employee was re- the lowest grade held but any two of
duced in grade and salary on the basis which equaled or exceeded such incre-
crease
(July 27, 1944)
SALARY ADVANCEMENTS WITHIN GRADE
455
ment, the 18- or 30-month period which The transfer or reappointment of an
the employee must serve without an employee from a part-time to a full-
"equivalent increase in compensation" | time position does not constitute an
to be eligible for a within-grade salary "equivalent increase in compensation"
advancement under the act of August 1, within the meaning of the act of August
1941, and the President's regulations 1, 1941, if made at the same rate of
thereunder, began to run from the date compensation. In determining whether
of the second increase, provided 18 or such transfer or reappointment consti-
30 months did not elapse between the tutes an "equivalent increase in compen-
first increase and the beginning of the sation," a comparison should be made
quarter when the within-grade promo- between the per annum equivalent for
tion otherwise is due (21 Comp. Gen. full-time service of the part-time salary
1067, May 29, 1942).
rate and the annual salary rate for the
The payment of the overtime or ad-full-time position to which the employee
ditional compensation authorized or re- is transferred or reappointed. The per
quired to be paid by the War Over- diem rate of compensation of all part-
time Pay Act of 1943 (57 Stat. 75, May time employees paid on an annual basis
7, 1943; see page 465) does not consti- subject to the Classification Act is com-
tute an “equivalent incrcase in compen- puted under the act of June 30, 1900, on
sation” within the meaning of the act of the basis of 1/300 of the annual rate for
August 1, 1941 (based on 22 Comp. Gen. each day of service, and, therefore, the
589, January 2, 1943).
full-time-service-per-annum equivalent of
An increase in compensation result-
the hourly rate should be computed by
ing from receipt of a salary differential
for employment outside the continental multiplying the hourly rate by the num-
United States constitutes an "equiva- ber of hours per day worked by full-
lent increase in compensation” within time employees and the resulting daily
the meaning of the act of August 1, rate by 360 (21 Comp. Gen. 569, Decem-
ber 15, 1941).
1941, if the increase involves adninistra-
tive action only in reallocating a position
*Computation of period of service re-
one grade higher than similar positions quired for periodic within-grade salary
in the States, but does not constitute advancements. In computing the 18- or
such "equivalent increase in compensa-
30-month waiting period prescribed
tion” if made under express authority by the within-grade salary-ndvancement
of a statute or an Executive order or statute of August 1, 1941, as amended,
pursuant to departmental circular No. and Executive regulations thereunder,
394, supplement 2 of January 16, 1943 there may be included civilian service in
(21 Comp. Gen. 369, October 27, 1941; 21 any branch of the Government (2:3
Comp. Gen. 478, November 22, 1941; 21 Comp. Gen. 471, December 31, 1943). It
Comp. Gen. 948, April 25, 1942; 22 Comp. would appear, from the Comptroller
Gen. 769, February 8, 1943).
General's decision of May 17, 1944, le-
A two-step salary advancement garding automatic promotions in the
within grade, administratively granted Postal Service, that service in private
an employee stationed in Hawaii, which industry may not be counted toward the
was intended for and had the effect of waiting period under the act of August
a differential allowance to meet the 1, 1941, even though the employee was
higher cost of living at the place as transferred thereto with reemployment
signed and which was terminated upon rights under suction 4 of war-service
the employee's subsequent transfer to regulation IX.*
the continental United States is not an In computing the 18 or 30 months'
“equivalent increase in compensation service necessary to entitle employees to
from any cause" within the meaning of within-grade salary advancements
the act of August 1, 1941 (23 Comp. under the act of August 1, 1941, there
Gen. 30, July 16, 1943).
may be included 30 days of any periods
(July 27, 1944)
456 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
aggregating more than 30 days, but less compensation bears to the full-time com-
than a year, that employees are in a pensation of similar positions (21 Comp.
nonpay status. Only the excess over 30 Gen. 644, January 7, 1942).
days need be excluded (21 Comp. Gen. Before becoming eligible for promo-
791, February 21, 1942).
tion under the within-grade salary-ad-
Time absent from duty during which vancement statute of August 1, 1941,
an employee is receiving disability compart-time (part of each work day) or
pensation under the Employees' Com- "when actually employed" employees
pensation Act should be regarded as a must render 18 or 30 months (as the
period of leave without pay in comput- case may be) of actual service computed
ing the 18 or 30 months' service neces- on the basis of the time per month that
sary to entitle employees to within-full-time employees of the same class
grade salary advancements under the act would be required to work (21 Comp.
of August 1, 1941 (21 Comp. Gen. 945, Gen. 569, December 15, 1941).
April 22, 1942).
*Efficiency rating requirements.---
An employee who has been on leave The general requirements as to effi-
of absence without pay (including break ciency ratings in connection with salary
in service) in excess of 30 days, and who advancements within grade are set
was out of the service for one work day forth on pages 447 and 449.
or more, may not be credited with any An efficiency rating must have been
service prior to the time he went on placed on record before it may be used
leave without pay for the purpose of as the basis of a within-grade salary
computing longevity under the within advancement. The salary advance-
grade-promotion law and regulations ment may not be made effective before
(22 Comp. Gen. 1104, June 12, 1943). the beginning of the quarter following
In computing the prescribed period that in which the rating was placed on
that a per annum employee occupying a record. The eficiency rating so used
position within the scope of the within- must have been made in accordance with
grade salary-advancement provisions of a system of efficiency ratings prescribed
the act of August 1, 1941, must serve in or approved by the Civil Service Com-
order to be eligible for a salary advance- mission, not with a mere administrative
ment under the act, prior service in a system of efficiency ratings (23 Comp.
position for which the compensation is Gen. 560, February 2, 1944). These re-
fixed on a per diem "when actually em- quirements also apply in cases where
ployed” basis may be counted, if the con- the employee was transferred from a
ditions as to continuity of service, etc., position not subject to the efficiency.
prescribed by the President's regulations rating system prescribed by the Com-
under the act have been met (21 Comp. mission under the Classification Act to
Gen. 369, October 27, 1941).
a position subject to that system (21
Part-time per annum employees are Comp. Gen. 1067, May 29, 1942).
entitled to within-grade salary advance. Whenever an employee has no offi-
ments under the act of August 1, 1941, cial rating as of the latest March 31,
only upon the rendition of 18 or 30 or any date thereafter, based on per-
months (as the case may be) of actual forinance in the grade of his position,
servicemas distinguished from calendar an official special rating shall be made
months of service-without an equiva- when needed for salary-advancement
lent increase in compensation, and may purposes. The official rating which the
not be granted within-grade salary ad- employee had when he entered the
vancements after 18 or 30 calendar armed forces shall be used for salary.
months' service equal to that fractional advancement purposes while he is in the
part of a one step salary increase repre- military or naval service, and if he had
sented by the ratio that the part-time no oficial rating as of the latest March
(July 27, 1944)
SALARY ADVANCEMENTS WITHIN GRADE
456.01
31, or any date thereafter, covering per- | allocation (21 Comp. Gen. 285, October
formance in the grade of his position, 2, 1941; 22 Comp. Gen. 151, August 19,
an official special rating shall be made 1942).*
for this purpose at the time he enters Granting of salary increases to em-
the armed forces (departmental circular ployees who are on leave-without-pay.-
No. 474, March 14, 1944).
An employee who is on leave of absence
Section 4 of the President's regula- without pay on October 1, 1941, the ef-
tions (see page 449) authorizes the fective date of the first within-grade sal-
granting of a within-grade salary ad-ary advancements under the act of Au-
vancement retroactively in certain cases | gust 1, 1941, should be given the salary
where an error in the efficiency rating increase for record purposes-payment
has been discovered and corrected to be made if and when he returns to a
However, where an employee was re- pay status-provided all other require-
duced in grade and salary on the basis ments for the increase are met (21
of his efficiency rating, and subse-Comp. Gen. 369, October 27, 1941).
quently restored to his former grade Granting of salary increases to em-
and salary as the result of a successful ployees who are about to be separated
appeal to an efficiency rating board, or transferred.-If an employee resigns
there is no authority to pay him the or is separated from a permanent posi-
salary rate, retroactively effective as of tion effective on the date on which he
the date of his reduction, of the higher would otherwise be entitled to a periodic
grade which he, in fact, did not hold | within-grade salary advancement under
during the period of such reduction the act of August 1, 1941, he should not
(based on 23 Comp. Gen. 486, January be considered for a promotion under the
4, 1944).
act, as of that date, unless he is resign-
Determination of amount of in- ing in order to accept, without break in
crease.-The amount of the increase in service, another permanent position un-
compensation under the act of August der the Classification Act in another
1, 1941, is an amount equal to one full agency. In the latter case, he should
salary increment of the grade in which be considered for the salary advance-
the employee is serving at the time he ment by the agency from which he is
becomes eligible for the increase. This resigning. If the separation is not to
is true even though the employee's be effective until after the date he be-
position was reallocated during the 18- comes entitled to the salary advance-
or 30-month waiting period, provided ment, he should be considered for such
that the increase in compensation re- advancement from the date of entitle-
ceived as a result of the reallocation inent to the date he is separated (21
was in an amount less than the com-Comp. Gen. 369, October 27, 1941; 21
pensation increments of the lower Comp. Gen. 792, February 21, 1942).
grade. The within-grade salary in. Effect of transfer, reappointment, pro-
crease should not be reduced by an motion, or reduction upon retention of
amount equal to the increase in com-within-grade salary advancement previ-
pensation received by reason of the re-lously earned.--The vested right of an
(July 27, 1941)
1
457 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
was
employee to retain a periodic or meri- Where the transfer at an increase in
torious within-grade salary advancement grade and salary was made under con-
granted pursuant to the act of August 1, ditions entitling the employee to reem-
1941, maintains only so long as he re- ployment rights and benefits under the
mains in the position in which the ad-war-service regulations, and his return
vancement granted. Upon the to his former position was 'effected
transfer, promotion, or reduction of an through the exercise of those rights and
employce from one position to another upon his meeting the terms and condi-
with different duties and responsibili- tions prescribed by the regulations, the
ties, whether in the same or different waiting period would date from the last
grade, and whether in the same or a dif- promotion in the original agency rather
ferent agency, it is within administra- than from the increase in grade and
tive discretion-but not mandatory to salary upon transfer to the other agency,
fix his initial salary in the new position and the service in the agency to which
at such prescribed rate of the grade as transferred may be included in comput-
will save to him the benefit of a within- ing the 18 or 30-month waiting period
grade salary advancement to which he required. The same would be true in
previously had become entitled (21 cases where the transfer involved a
Comp. Gen. 791, February 21, 1942; 21 decrease rather than an increase in
Comp. Gen. 855, March 12, 1942).
salary. These rulings, however, apply
*As to reductions for disciplinary only to cases where the employee is re-
reasons, see notes on page 458. As to stored at a salary rate not exceeding the
reductions because of a predecessor's rate prior to the original transfer (plus
return from the armed forces, see notes any periodic within-grade salary ad-
on page 88.
vancements which he would have re-
Effect of
of return from transfer.- ceived had he remained in that posi-
Where an einployee is transferred to a tion). If the salary rate at which re-
position in a higher grade resulting in stored is in excess of the salary rate
an increase in compensation equivalent prior to original transfer (including
to the amount of the salary step in the periodic within-grade salary advance-
lower grade, and, upon completion of ments), the waiting period would date:
the assignment in the higher grade, is
(a) From the time he received the
returned to his former salary and grade, increase in salary incident to restora-
the general rule is that the employee is tion, if the rate at which restored is
not eligible for a within-grade salary sufficiently in excess of the salary which
advancement under the act of August 1, he received in the other agency to consti-
1941, until the beginning of the next tute an “equivalent increase in compen-
quarter after the lapse of 18 or 30 sation” within the meaning of the act;
months (as the case may be) from the
(0) From the time he received an
time he received the equivalent increase
increase to a corresponding rate in the
other agency, if the rate at which re-
in compensation when transferred to the
stored is not in excess of the rate which
higher grade (21 Comp. Gen. 478, No- he received in the other agency (23
vember 22, 1941).
Comp. Gen. 265, October 8, 1943; 23
This general rule applies not only to Comp. Gen. 471, December 31, 1943; 23
cases where the employee was trans- Comp. Gen. 594, February 13, 1944.*
ferred without reemployment rights, but Employee transferred from position
also to cases where, although he was not subject to efficiency-rating system.-
transferred with reemployment rights, *See note on "Efficiency rating re-
his return to his former position was not quirements,” page 456.*
effected through exercise of those rights Employee on active military or naval
(23 Comp. Gen. 471, December 31, 1943). duty.-A civilian employee on active
(July 27, 1944)
SALARY ADVANCEMENTS WITHIN GRADE
457.01
military duty who becomes entitled to a | Service Act of 1940 entitling him to
within-grade salary advancement under restoration to his civilian position
the act of August 1, 1941, 55 Stat. 614, "without loss of seniority," but, due to
at the beginning of a quarter occurring administrative procedure, was not actu-
within a period for which he is paid, con- ally reemployed until after expiration
currently with military pay, civilian of the 40-day period, he may count all
compensation for accumulated and cur- of the military or naval service in com-
rent accrued annual leave granted pur-puting longevity for purposes of within-
suant to the act of August 1, 1941, 55 grade salary advancement under the act
Stat. 616, as amended, is entitled to be of August 1, 1941, and Executive Order
paid at the increased salary rate during No. 8882 issued thereunder; however,
such period of annual leave from the he may not count any of the period
effective date of the salary advancement. when not in a Federal pay status be-
There is no legal or accounting objec-tween the military or naval service and
tion to the administrative recording of the civilian service except the 30-day
changes in the status of employees on non-pay status time authorized in sec-
military duty who, when restored to tion 2 (c) of the Executive order.
their civilian positions, under existing A former en ployee who, upon dis-
law will be entitled to the benefit of any charge from active military or naval
reallocation of their positions, and who, service, applies for restoration to his
under Executive Order No. 8882, will be civilian position within the 40-day period
entitled to any automatic promotions prescribed by section 8 (b) of the Selec-
that would have accrued to them during tive Training and Service Act of 1940
their absence had they remained in to entitle him to restoration "without
civilian service (21 Comp. Gen. 1007, loss of seniority," but who, solely for
May 11, 1942).
personal reasons, delays in accepting or
A former employee who, by failing refuses to accept reemployment, loses
to apply for restoration to his civilian his right to count his active military or
position within 40 days after his dis-naval service in computing longevity for
charge from active military or naval purposes of within-grade salary ad-
service, forfeited his right under sec- vancement under the act of August 1,
tion 8 (b) of the Selective Training and 1941.
Service Act of 1940 (see page 138) to Where a former employee, otherwise
restoration "without loss of seniority" entitled under the Selective Training
is .not entitled, if subsequently reem- and Service Act of 1940 to restoration
ployed, to the benefits of section 5 of to his civilian position after discharge
Executive Order No. 8882, issued pur- from the Army, was precluded from im-
suant to the within-grade salary | mediately returning to such position
advancement statute of August 1, 1941, | upon application therefor because his
which, in effect, authorizes the counting discharge was conditioned upon em-
of active military or naval service to- ployment in an essential war industry,
ward within-grade salary advancements including agriculture, he may, upon sub-
as though such service had been civilian sequent restoration soon after he ter-
service.
minates his essential war industry sery-
Where a former employee, upon dis- ice, count his active military service in
charge from military or naval service, computing longevity for purposes of
has met within 40 days after discharge within-grade salary advancement under
the conditions prescribed by section the act of August 1, 1941 (22 Comp.
8 (b) of the Selective Training and Gen. 969, April 14, 1943).
(July 27, 1944)
458 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
*An employee who had been on leave employee who has actually received a
without pay for more than one year at within-grade salary advancement in ac-
the time he entered the military service cordance with the act of August 1, 1941,
is not entitled, under section 5 of Execu- after having met all of the terms and
tive Order No. 8882, to count active mili-conditions thereof with respect to effi-
tary service toward within-grade salary ciency, service, and conduct, has a vested
advancement in a civilian position to right to the increased salary connected
which he is later restored ; in such a with such advancement so long as he
case the 18- or 30-month waiting period remains in the same position, and there
would begin with the date of restoration is no authority to reduce his salary in
to the civilian position. If he had been the same grade and position-as distin-
on leave without pay for less than one guished from a reduction in grade for
year, he may, upon reemployment in a disciplinary reasons (decision, Comp-
civilian position under conditions en-troller General, June 9, 1944).*
titling him to the benefits of section 5 Meritorious within-grade salary ad-
of Executive Order No. 8882, count not vancements.-Where an employee has
only his active military service but also been granted a periodic within-grade
the preceding period of leave without salary advancement under the act of
pay, to the extent set forth below: August 1, 1941, as of the beginning of a
(a) If he had been on leave without particular quarter, his right to another
pay for less than 30 days, he may count such periodic salary advancement, other
the entire period of leave without pay; conditions being met, after 18 or 30
(6) If he had been on leave without months' service from that date is not
pay for more than 30 days but less than affected by a meritorious salary ad-
one year, without break in service, he vancement granted within such period
may count 30 days of the period of pursuant to the act.
leave without pay (23 Comp. Gen. 367, A period of 18 or 30 months is not re-
November 16, 1943; 23 Comp: Gen. 617, quired to elapse between meritorious-
February 23, 1944).*
as distinguished from periodic—within-
Employee reduced in salary for disci- grade salary advancements under the
plinary reasons.-Where an employee act of August 1, 1941, but only one such
has been reduced in salary for disci-meritorious advancement may be made
plinary reasons but his efficiency rating within each of the 18- or 30-month pe-
and period of service prior to October riods applicable to periodic advance-
1, 1941, are such as not to bar a promo- nents (21 Comp. Gen. 355, March 12,
tion under the act of August 1, 1941, it | 1942).
is within the discretion of the admin- A prospectively effective meritori-
istrative officers, under the provisions of ousmas distinguished from periodic
said act, to withhold for such period as within-grade salary advancement of one
is deemed proper or necessary the ad-step may be granted an employee under
ministrative certificate as to "other- the act of August 1, 1941, and Executive
wise satisfactory conduct which is Order No. 8882 issued pursuant thereto,
fixed by said act as one of the condi- even though the employee may not as
tions necessary for a salary advance- yet have attained eligibility for his first
ment thereunder (21 Comp. Gen. 326, periodic within-grade salary advance-
October 13, 1941).
ment under the act by serving 18 or 30
*The decision just summarized ap- months without an equivalent increase
plies to cases where the unsatisfactory in compensation (21 Comp. Gen. 791,
service or conduct occurred during the February 21, 1942).
period on which the salary advance- It is the opinion of the Commission
ment would be based, and not where it that the term "especially meritorious
occurred after the employee became eli- services", as used in the act of August
gible for such salary advancement. An 1, 1941, means an act or service (1) in
(July 27, 1944)
SALARY ADVANCEMENTS WITHIN GRADE
459
the public interest, (2) related to the ments for "especially meritorious sery-
employee's position or employment, (3) ices” under section 2 (f) of the act of
over and above normal job require- | August 1, 1941, must be submitted to the
ments, (4) of an unusual or distinctive Commission as required by law. The
character, (5) that serves as an incen-Commission will review all reports of
tive to others. The presence of all five salary advancements for especially mer-
elements is necessary to constitute an itorious services, effective on and after
act or service an "especially meritori- April 1, 1943, for conformity with the
ous service" within the meaning of the standards outlined in departmental cir-
statute (departmental circular No. 321, cular No. 321, supplement 1, March 30,
supplement 1, March 30, 1943). Stand- 1943, and will indicate in each case in
ards for determining whether an act or its annual report to Congress on such
service meets these requirements are set salary advancements whether the rea-
forth in the circular cited.
sons for the salary advancement con-
Reports to the Commission of within- form to these standards (departmental
grade salary advancements.—Periodic circular No. 321, supplement 1, March
within-grade salary advancements un 30, 1943). Full details regarding the
der the act of August 1, 1941, should not form of the reports from agencies to
be reported to the Civil Service Commis- the Commission, and the method of re-
sion's Service Record Division (depart-porting, are given in departmental cir-
mental circular No. 365, August 10, cular No. 321, revised, November 12,
1942).
1942, and supplement 1 thereto, March
Reports of compensation advance. 130, 1943).
PROVISIONS AFFECTING HOURS OF LABOR
LENGTH OF BASIC WORKDAY 1
*
DEPARTMENTAL SERVICE
* * *
Hereafter it shall be the duty of the heads of the several
executive departments, in the interest of the public service, to require
of all clerks and other employees, of whatever grade or class, in their
respective departments, not less than 7 hours of labor each day, ex-
cept Sundays and days provided public holidays by law or Executive
order: Provided, That the heads of the departments may, by special
order, stating the reason, further extend the hours of any clerk or
employee in their departments, respectively; but in case of an ex-
tension it shall be without additional compensation : 2
(sec
tion 7 of the act of March 15, 1898, 30 Stat. 316; 5 U. S. C. 1940 ed.
29).
LABORERS AND MECHANICS
That the service and employment of all laborers and mechanics who
are now, or may hereafter be, employed by the Government of the
United States or the District of Columbia, or by any contractor or sub-
contractor, upon a public work of the United States or of the District
of Columbia, and of all persons who are now, or may hereafter be,
employed by the Government of the United States or the District of
Columbia, or any contractor or subcontractor, to perform services
similar to those of laborers and mechanics in connection with dredging
or rock excavation in any river or harbor of the United States or of
3
1 Post Office Department employees.---Among the statutes governing hours of labor in
the Post Office Department are the following:
The act of March 4, 1911 (36 Stat. 1339), as amended (39 U. S. C. 116), which fixed
the hours of labor of employees of the pneumatic-tube system, *employees of the custodial
service, and of mechanics-in-charge, special mechanics, general mechanics, mechanics'
helpers, driver-mechanics, dispatchers, and garagemen-drivers in the motor vehicle system
at 8 hours a day, and established rates of compensation for overtime;
The act of July 11, 1940 (54 Stat. 756), which authorized the Postmaster General to pro-
vide for distribution of mail on motor-vehicle routes in motor vehicles and provided that
personnel employed in such work should be "a part of the Railway Mail Service under the
same working conditions, rates of pay, travel allowance, and other benefits applicable to
railway postal clerks" ;
The act of October 23, 1941 (55 Stat. 744), which fixed the hours of labor of laborers
in the Railway Mail Service at 8 hours a day, autborized payment of compensation for
overtime service, and provided that when substitute laborers are appointed to the position
of regular laborers the substitute service performed shall be included in eligibility for
promotion to grade 2.
2 The clause reading "but in case of an extension it shall be without additional compensa-
tion" has been superseded and rendered inoperative by section 6 of the War Overtime Pay
Act of 1943 (57 Stat. 77, May 7, 1943). The remainder of the provisions quoted above
are still in effect (based on 22 Comp. Gen. 619, January 7, 1943).
3 Establishment of 5-day week; definition of "departmental service.".See notes on page
501.
460
(July 27, 1944)
JK
633 CIVIL SERVICE ACT AND RULES TRANSMITTAL SHEET NO.
6
A
22
August 3, 1944
These sheets should be torn or cut apart along
the perforations. They should then be substituted
as shown on the back of this page for pages of the
loose-leaf edition of the "Civil Service Act and
Rules." The steps in making the insertions are ex-
plained on page Xx of the introductory chapter, "How
to Use This Book." The date of this transmittal
sheet and the date of filing should then be noted on
the "Filing Record" at the front of the book, and
this page should be filed immediately behind Trans-
mittal Sheet No. 5.
When this filing is completed, pages 4 to 42.02,
123 to 134, 291 to 314, 343 to 365, and 447 to 525
will be up to date as of August 3, 1944.
Remarks
on
Additions have been made
on
pages 362, 363,
476.01, 477, 495, 495.04, and 515.
Material has been deleted as indicated on pages
346 and 362.
Material has been changed on pages 344, 353,
354, 355, 356, 356.01, 356.02, 356.03, 476, 476.01,
496, 516, and 517.
The deletions on page 346 and 362 were the re-
sult of formal amendatory
amendatory action by offices other
than the Commission. The deletion
page 346 is
covered by the change on page 344; the deletion on
page 362 is the result of the policy described in
the footnote on that page. War Manpower Commission
Regulation 5, which appear on pages 353 to 356.03,
has been completely revised, as shown, by War Man-
power Commission action. The change on page 496 is
made merely for purposes of clarification. It is
believed that the nature of all other changes will
be obvious upon comparison of the old with the new
pages.
No page appearing in a particular installment
has been changed
changed in that installment (except by
transfer of material from contiguous pages) unless
the edition date of the page is the same as that of
the transmittal sheet. Stars
retained
printed pages to indicate the last changes made on
are
on re-
the page.
6032360-44—1
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TRANSMITTAL SHEET NO. 6 (AUGUST 3, 1944)
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344 August 3, 1944
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356.01
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356.03
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364 October 31, 1943
476
July 19, 1944
476
August 3, 1944
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477
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478
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July 19, 1944
495
July 12, 1944 495 August 3, 1944
495.01
495.01 July 12, 1944
495.04
495.04 August 3, 1944
496
496 July 12, 1944
515
July 5, 1944
515
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516
October 31, 1943 516
517
July 5, 1944
517
517.01.
517.01 July 5, 1944
Note.--Pages of the October 31, 1943, edition bear no
edition date in the lower outside corner.
July .
18
11
II
UNITED STATES OF AMERICA
DEPOSITED BY THE
is
WA
CLASSIFICATION UNDER THE “RAMSPECK ACT"
343
Classification under section 2 of Execu-dations should be submitted on forms
tive Order No. 9005 of employees trans- similar to those attached to depart-
ferred or promoted under section 1 of the mental circular No. 314, January 30, 1942
order.—Any employee who is promoted, (departmental circular No. 244, supp. 3,
transferred, or assigned under section 1 August 9, 1941, and supp. 5, February 21,
of Executive Order No. 9005 to a permia- | 1942; departmental circular No. 271,
nent classified position may be · recom- July 12, 1941; departmental circular No.
mended for classification in accordance 291, supplement 3, April 17, 1942, and
with the act of November 26, 1940.
supplement 10, December 17, 1942; and
While the general procedure in sub-
mitting recommendations (including the departmental circular No. 314, January
list of accompanying forms) set forth 30, 1942).
in the note on "Torms required," page
Retention or reemployment of per-
333, applies to recommendations sub- sons who fail to be classified under Ex-
mitted under secticn 2 of Executive Or- ecutive Order No. 9005.-See notes on
der No. 9005, the individual recommen- page 210.
AUTHORITY OF THE WAR MANPOWER COMMISSION
[NOTE.--This chapter contains only such material concerning the War Man-
power Commission as appears to be necessary to a proper understanding of the
War Service Regulations.]
EXECUTIVE ORDER NO. 9139, APRIL 18, 1942
ESTABLISHING THE WAR MANPOWER COMMISSION IN THE EXECUTIVE
OFFICE OF THE PRESIDENT AND TRANSFERRING AND COORDINATING
CERTAIN FUNCTIONS TO FACILITATE THE MOBILIZATION AND UTILIZA-
TION OF MANPOWER
By virtue of the authority vested in me by the Constitution and
the Statutes, including the First War Powers Act, 1941, as President
of the United States and Commander in Chief of the Army and Navy,
and for the purpose of assuring the most effective mobilization and
utilization of the national manpower, it is hereby ordered:
1. There is established within the Office for Emergency Manage-
ment of the Executive Office of the President a War Manpower Com-
mission, hereinafter referred to as the Commission. The Commission
shall consist of a Chairman of the War Manpower Commission (here-
inafter referred to as the Chairman) appointed by the President;
one representative, designated subject to the approval of the Chairman,
of each of the following agencies: The Department of War, the Depart-
ment of the Navy, the Department of Agriculture, the Department of
Labor, the Federal Security Agency, the War Production Board, the
United States Civil Service Commission, the National Housing Agency,
the Office of Defense Transportation, and such other Executive depart-
ments and agencies as the President shall determine; a joint representa-
tive of the United States Maritime Commission and the War Shipping
Administration designated by the Chairman of the United States Mari-
time Commission subject to the approval of the Chairman of the War
Manpower Commission; and the Director of Selective Service.1*
2. The Chairman, after consultation with the members of the Com-
mission, shall:
a. Formulate plans and programs and establish basic national pol-
icies to assure the most effective mobilization and maximum utiliza-
tion of the Nation's manpower in the prosecution of the war; and
issue such policy and operating directives as may be necessary thereto.
b. Estimate the requirements of manpower for industry; review
all other estimates of needs for military, agricultural, and civilian
*1 As amended by Executive Order 3409, December 23, 1943.*
344
(August 8, 1944)
AUTHORITY OF WAR MANPOWER COMMISSION
345
manpower; and direct the several departments and agencies of the
Government as to the proper allocation of available manpower.
c. Determine basic policies for, and take such other steps as are
necessary to coordinate, the collection and compilation of labor market
data by Federal departments and agencies.
d. Establish policies and prescribe regulations governing all Fed-
eral programs relating to the recruitment, vocational training, and
placement of workers to meet the needs of industry and agriculture.
e. Prescribe basic policies governing the filling of the Federal
Government's requirements for manpower, excluding those of the
military and naval forces, and issue such operating directives as may
be necessary thereto.
f. Formulate legislative programs designed to facilitate the most
effective mobilization and utilization of the manpower of the country;
and, with the approval of the President, recommend such legislation
as may be necessary for this purpose.
3. The following agencies shall conform to such policies, directives,
regulations, and standards as 'the Chairman may prescribe in the
execution of the powers vested in him by this order, and shall be
subject to such other coordination by the Chairman as may be neces-
sary to enable the Chairman to discharge the responsibilities placed
:
a. The Selective Service System with respect to the use and classi-
fication of manpower needed for critical industrial, agricultural and
governmental employment.
b. The Federal Security Agency with respect to employment service
and defense training functions.
c. The Work Projects Administration with respect to placement and
training functions.
d. The United States Civil Service Commission with respect to
functions relating to the filling of positions in the Government
service.
e. The Railroad Retirement Board with respect to employment
service activities.
f. The Bureau of Labor Statistics of the Department of Labor.
g. The Labor Production Division of the War Production Board.
h. The Civilian Conservation Corps.
i. The Department of Agriculture with respect to farm labor sta-
tistics, farm labor camp programs, and other labor market activities.
j. The Office of Defense Transportation with respect to labor
supply and requirement activities.
Similarly, all other Federal departments and agencies which perform
functions relating to the recruitment or utilization of manpower shall,
346 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
in discharging such functions, conform to such policies, directives,
regulations, and standards as the Chairman may prescribe in the
execution of the powers vested in him by this order; and shall be
subject to such other coordination by the Chairman as may be neces-
sary to enable the Chairman to discharge the responsibilities placed
upon him.
9. Within the limits of such funds as may be made available for
that purpose, the Chairman may appoint such personnel and make
provision for such supplies, facilities, and services as may be neces-
sary to carry out the provisions of this order. The Chairman may
appoint an executive officer of the Commission and may exercise and
perform the powers, authorities, and duties set forth in this order
through such officials or agencies and in such manner as he may
determine.
EXECUTIVE ORDER NO. 9279, DECEMBER 5, 1942
PROVIDING FOR THE MOST EFFECTIVE MOBILIZATION AND UTILIZATION OF
THE NATIONAL MANPOWER
In order to promote the most effective mobilization and utilization
of the national manpower and to eliminate so far as possible waste of
manpower due to disruptive recruitment and undue migration of
workers, and by virtue of the authority vested in me by the Consti-
tution and Statutes, including the First War Powers Act, 1941, and
the Selective Training and Service Act of 1940, as amended, as
President of the United States, and as Commander in Chief of the
Army and the Navy, it is hereby ordered as follows: 2
*
*
*
*
*
5. Insofar as the effective prosecution of the war requires it, the
Chairman shall take all lawful and appropriate steps to assure that
(a) all hiring, rehiring, solicitation, and recruitment of workers in
*2 Paragraph 1 of this order was revoked by Executive Order 9409, December 23, 1943,
As to membership of War Manpower Commission, see page 344.*
(August 3, 1944)
WAR MANPOWER COMMISSION DIRECTIVES AND REGULATIONS 353
Manpower Commission Regulation 4, effective April 18, 1943, may be
prosecuted and punished in the same manner and with the same effect
as if said regulation had not been revoked.
904.7. Effective date.—Sections 904.1 to 904.6, inclusive, shall be effec-
tive August 16, 1943.
WAR MANPOWER COMMISSION REGULATION 5
REGULATION GOVERNING APPEALS
[Promulgated by the Chairman of the War Manpower Commission, May 22, 1943
(8 F. R. 6816); amended February 11, 1944 (9 F. R. 1769), effective March 13,
1944]
906.1. Right of appeal.-Any person who claims that any action
taken, action denied, or decision rendered with respect to him, with
respect to his employer or with respect to any of his workers, under
any War Manpower Commission regulation, program or policy, is
unfair or unreasonable as applied to him, or is inconsistent with any
such regulation, program or policy, may appeal from such action or
decision in accordance with the provisions of this regulation.
906.2. First appeals stage; area level-(a) To whom appeals taken.-
In areas for which an Area Manpower Director and an Area Manage-
ment-Labor War Manpower Committee have been appointed, appeals
shall be taken to such Committee and hearings shall be afforded before
such Committee, or, at the discretion of that Committee, before one or
more Area Appeals Committees composed of an equal number of
representatives of management and labor (including agricultural
representation, as provided in section 906.6 (h)), selected by the Area
Manpower Director from a panel chosen by the Area Management-
Labor War Manpower Committee. The Area Director, or his desig-
nated representative, shall serve as the non-voting chairman of the
Area Management-Labor War Manpower Committee in appeals
hearings and of the Area Appeals Committees.
(6) Decision at first appeals stage.-(1) At the first appeal stage, a
decision shall be 'rendered on the merits of the case on the basis of the
record of the action from which appeal is taken and the evidence pre-
sented at the hearing. The decision by a majority of the Committee
shall be final unless further appeal is taken in accordance with sec-
tion 906.3 (a) of this regulation. Members of the Committee may
file majority and minority reports. In the event of a tie vote, the case,
including the complete record thereon, shall be transmitted promptly
to the Regional Management-Labor War Manpower Committee for
review and decision in accordance with section 906.3 (6) and (c) of
this regulation.
*
(August 3, 1944)
354 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
*
(2) An Area Management-Labor War Manpower Committee may
take jurisdiction of, hear and render a decision, which shall supersede
any decision rendered by an Area Appeals Committee, on any case
assigned by that Committee to an Area Appeals Committee, at any
time after the assignment of the case to an Area Appeals Committee
and prior to the expiration of the period for further appeal or the fil-
ing of a further appeal to the Regional Management-Labor War
Manpower Committee.
(c) Intermediate appeals stage between area and regional levels.-A
Regional Manpower Director, with the specific approval of the Chair-
man, may, with respect to an area presenting special problems and for
which a duly constituted Management-Labor War Manpower Com-
mittee is functioning, provide for an intermediate review stage be-
tween the area appeals stage and the regional level. The review of
appeals at such an intermediate review stage shall be subject, in all
respects, to the procedures and requirements set forth in this regula-
tion with respect to review of appeals at the regional level.
906.3. Second appeals stage; regional level-(a) Who may appeal to
regional level. —Any person who (1) has a right to appeal as provided
in section 906.1 of this regulation and (2) has attended the hearing
at the area appeal level in person or by a representative, or shows good
cause for his failure to attend such hearing, may appeal to the re-
gional level within the time prescribed for taking such appeal. Within
the same time, the Area Manpower Director, upon his own initiative,
may transmit any case for review at the regional level, after decision
at the area level.
(6) To whom appeals taken. Further appeal from decisions at the
area appeals level shall be taken to the appropriate Regional Manage-
ment-Labor War Manpower Committee which may at the discretion of
that Committee, act through a Regional Appeals Committee composed
of an equal number of representatives of management and labor (in-
cluding agricultural representation, as provided in section 906.6 (h)),
selected by the Regional Manpower Director from a panel chosen by the
Regional Management-Labor War Manpower Committee. The Re-
gional Manpower Director, or his designated representative, shall serve
as the non-voting chairman of the Regional Management-Labor War
Manpower Committee in appeals cases and of Regional Appeals
Committees.
(c) Decision at second appeals stage.-(1) The Regional Committee
shall render a decision on the basis of the record in the case unless, in its
judgment a further hearing is necessary to enable the Committee to
reach a fair and just decision. If the Committee determines that fur-
ther hearing is necessary, the Committee may either conduct such hear-
(August 3, 1944)
WAR MANPOWER COMMISSION DIRECTIVES AND REGULATIONS 355
*
ing itself, or remand the case to the area level for such further hearing.
The decision by a majority of the Committee shall be final unless fur-
ther appeal is taken in accordance with section 906.4 (a). Members
of the Committee may file majority and minority reports. In the
event of a tie vote on a case in which a decision has been rendered at
the area appeals level, the decision at that level shall be final unless
further appeal is taken. In the event of a tie vote at both the area and
regional appeals levels, the case, including the complete record thereon,
shall be transmitted promptly to the Chairman of the War Manpower
Commission for decision in accordance with section 906.4 of this
regulation.
(2) A Regional Management-Labor War Manpower Committee may
take jurisdiction of, hear and render a decision, which shall supersede
any decision rendered by a Regional Appeals Committee, on any case
assigned by that Committee to a Regional Appeals Committee, at any
time after assignment of the case to a Regional Appeals Committee
and prior to the expiration of the period for further appeal or the
filing of a further appeal to the Chairman of the War Manpower
Commission.
906.4. Appeal to the Chairman of the War Manpower Commission-(a)
Who may appeal.-Any person entitled to appeal from a decision at the
area appeals level may appeal from a decision at the regional level
to the Chairman of the War Manpower Commission, within the time
prescribed for taking such appeal. Within the same time, the Regional
Manpower Director, upon his own initiative, may transmit any case
to the Chairman of the War Manpower Commission for review, after
decision at the regional level.
(6) Taking of jurisdiction by Chairman.--The Chairman of the War
Manpower Commission may, in his discretion, take jurisdiction of
any appeals case at any stage of the appeals process and render a
final decision on that appeal.
(c) Final decision by the Chairman.-The decision of the Chairman of
the War Manpower Commission made after consideration of the record
in the case and recommendations submitted by the National Manage-
ment-Labor Policy Committee, shall be final in all cases.
906.5. Effect of appeal on action appealed from or on further action in
accordance with decision appealed from-(a) Effect of appeal.-Whenever
in the first instance or pursuant to a decision on appeal, the War Man-
power Commission or any agent or agency acting on its behalf or
with its consent, issues a statement of availability to or makes a referral
of any worker, neither the appeal of the employer nor any decision on
(August 3, 1944)
356 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
*
such appeal (other than a final decision finding fraud or misrepre-
sentation on the part of the worker) shall in any way prejudice the
right of the worker to whom the statement or referral had been issued
to accept new work on the basis thereof, or the right of an employer to
retain a worker whom he has hired in reliance upon such statement
or referral. In all other cases the taking of an appeal shall suspend
the action appealed from pending final decision, unless the Chairman
of the Committee to whom an appeal is taken specifically directs other-
wise.
(6) Immediate issuance of statements of availability or making of re-
ferrals.—Except as otherwise provided pursuant to paragraph (c) of
this section, an individual found to be entitled to a statement of avail-
ability or a referral pursuant to a determination of the War Manpower
Commission or any agent or agency acting on its behalf or with its
consent, or pursuant to any appeal decision, shall be entitled to imme-
diate issuance of such statement or referral notwithstanding any appeal
or further appeal from such determination or decision.
(c) Optional procedure with respect to issuance of statements of avail-
ability and making of referrals-(1) Method of exercising option. Any
Area Manpower Director, after consultation with his Area Manage-
ment-Labor War Manpower Committee, may elect to make applicable
in his area the procedure described in this subsection with respect to
issuance of statements of availability to and making referrals of
workers. Such election shall be evidenced by an order issued by the
Area Manpower Director, and approved by the Regional Manpower
Director, a copy of which order shall be filed with the Chairman prior
to the effective date thereof. Such election shall be effective until
revoked by further order of the Area Manpower Director, approved
and filed in the same manner. Any such election shall have general
application in the area, and may not be made with respect to particular
cases only.
(2) Procedure governing suspension of issuance of statements of avail-
ability and making of referrals.-(i) In and only in any case in which
it is determined by the War Manpower Commission, or any agent or
agency acting on its behalf or with its consent, that a statement of
availability should be issued to a worker on the ground that continu-
ance of his employment would involve undue personal hardship or
that referral of the worker should be made to other available employ-
ment in which the individual will be more fully utilized in the war
effort, the issuance of such statement of availability or the making of
such referral shall be suspended for a period, designated by the Area
!
(August 3, 1944)
WAR MANPOWER COMMISSION DIRECTIVES AND REGULATIONS 356.01
*
Director, which shall not be more than three days from the date of
notification to the employer of the determination to issue the state-
ment of availability or make the referral.
(ii) The employer shall be immediately notified of the determina-
tion to issue the statement of availability or make the referral. If the
employer does not file his appeal, in writing, within the period desig-
nated by the Area Director pursuant to subdivision (i) hereof, the
statement of availability or referral shall be issued in accordance with
such determination without prejudice however, to the employer's right
to appeal therefrom on the merits as provided in this regulation. If
the employer files his appeal in writing within such period, the issuance
of the statement of availability or referral shall be suspended for a
further period, designated by the Area Director, which shall not be
more than ten days from the date of notification to the employer of
the determination to issue the statement of availability or make the
referral. If within such designated further period, the case has not
been decided at the area level, the statement of availability or referral
shall be issued immediately upon the expiration of such period. Ex-
cept as permitted in this paragraph, no suspension of the issuance of
a statement of availability or referral shall be directed or authorized.
(iii) If the employer, upon notification of a determination to issue
the statement of availability or make the referral, indicates that he
does not intend to appeal, the statement of availability shall be issued
or the referral shall be made immediately; if the employer indicates
his intention to appeal but does not perfect his appeal, in writing,
within the period designated by the Area Director pursuant to sub-
division (i) hereof, the statement of availability shall be issued or
the referral made immediately upon the expiration of such period.
(iv) An Area Director may withhold the application of the pro-
cedure set forth in this paragraph for suspending the issuance of state-
ments of availability and referrals as regards an employer whom the
War Manpower Commission finds, after notice, hearing and final de-
cision, to be arbitrarily and capriciously abusing his right of appeal
under this paragraph and for so long as such employer fails to satisfy
the Area Director that such abuse will be corrected.
906.6. General provisions-(a) Notification of action or decision and
right to appeal.—Any worker or employer who has a right to appeal
from any action or decision shall be notified of such action or de-
cision, and shall be advised at the time of notification of his appeal
rights and of the method of taking an appeal, except that this para-
graph shall be construed to permit reasonable posting or publication
(August 3. 1944)
356.02 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
*
of notices in cases in which personal notice is deemed impracticable.
(6) Time for taking appeals.-Appeals to the area and regional levels
shall be taken within the time prescribed by the Regional Manpower
Director, which shall be not less than three and not more than seven
days following receipt of notice or posting or publication of notice,
as the case may be, of the action or decision. Appeals to the Chair-
man of the War Manpower Commission shall be taken within seven
days following receipt of notice or posting or publication of notice,
as the case may be, of the decision. When notice of the action or de-
cision is given by mail, such notice shall be deemed to have been re-
ceived on the second day following the date of mailing, and an ap-
peal shall be deemed to have been taken on the date of mailing of a
notice that appeal is taken.
(c) Method of taking appeal.-Any person entitled to appeal as pro-
vided in section 906.1 of this regulation may give notice of his ap-
peal in person, in writing, or in any other manner which duly ap-
prises the War Manpower Commission of the taking of the appeal.
(d) Notice of hearings and further appeal.—The appellant and any
other person who following the decision to be made on appeal would
be entitled to appeal, shall be given reasonable notice of the time and
place of any hearing upon the appeal, and shall be promptly advised
of any further appeal.
(e) Appearance by interested persons.—Any worker or employer,
group or organization of workers or employers, and other persons or
organizations who claim to be prejudiced by any action which is the
subject of an appeal under this regulation may be permitted by the
Chairman of the Committee hearing an appeal from such action to
attend and be heard at the hearing.
(1) Right to representation. Any action which any person or organi-
zation may take under this regulation may be taken on his behalf by
his duly authorized representative, .
(9) Consolidation of appeals. Whenever appropriate for the full and
expeditious determination of common questions raised by two or more
appeals, the Chairman of the Committee to whom such appeals are
taken may consolidate them.
(h) Agricultural management and labor representation. Whenever
agricultural employment is involved in an appeal, the Committee be-
fore whom such appeal is pending shall include representatives of
agricultural management and labor.
(i) Conduct of hearings on appeal.--All hearings on appeals shall be
conducted informally and in a manner that will best develop the facts,
(August 3, 1944)
WAR MANPOWER COMMISSION DIRECTIVES AND REGULATIONS 356.03
*
and assure a fair and just decision in the matter, without regard to
whether a worker or employer has erred as to the issues involved or as
to his grounds for relief.
(j) Decisions based on evidence presented at a hearing.–A decision of
an appeal made on the record as provided in sections 906.3 (c) and
906.4 (c) of this regulation shall be made exclusively upon evidence
presented at a hearing before a lower appeals committee, but written
or oral evidence which is submitted subsequent to a hearing in an ap-
peals case may be considered by the appeals committee which afforded
the hearing or on any subsequent appeal, if all the parties agree in
writing to the consideration of such evidence, or if such evidence is
presented in the course of a subsequent hearing which all parties have
been afforded an opportunity to attend, or if such evidence has been
requested by the Committee before which the appeal is pending.
(k) Impartial appeals committee.—Any person directly interested in
the outcome of an appeal shall be disqualified from acting as a member
of any appeals committee considering the appeal.
(2) Committee attendance required for consideration of appeals cases.
On the hearing of appeals by Regional or Area Management-Labor
Committees or by Regional or Area Appeals Committees, an equal
number of representatives of management and labor, respectively, shall
be present and participate as voting members of the committee.
(m) Interim appeals committees.-At any appeals level for which a
Management-Labor War Manpower Committee 'has not been ap-
pointed, appeals shall be taken to, and hearings shall be afforded before,
an Appeals Committee in the locality composed of an equal number of
representatives of management and labor (including agricultural
representation, as provided in section 906.6 (R), selected by the Re-
gional or Area Manpower Director. A representative designated by
the Regional or Area Manpower Director shall serve as the non-voting
chairman of the Appeals Committee.
(n) Inapplicability to special appeals.—Nothing in this regulation
shall be construed as applicable to actions taken or decisions rendered
under War Manpower Commission Regulations Nos. 1 and 6, or Ex-
ecutive Order No. 9309, or to transfers between Executive departments
or agencies of the Federal Government under Executive Order No. 9243.
(0) Modification of other policies.-The provisions of any prior War
Manpower Commission policy, program, regulation or other direction,
to the extent that they are inconsistent with this regulation, are hereby
modified to conform with the provisions of this regulation.
(August 3, 1944)
WAR MANPOWER COMMISSION DIRECTIVES AND REGULATIONS 361
(6) The hiring of a school teacher for vacation employment or the
rehiring of a school teacher for teaching at the termination of the
vacation period.
(9) Appeals.-Any worker or employer may appeal from any act or
failure to act by the War Manpower Commission under the employ-
ment stabilization program, in accordance with regulations and pro-
cedures of the War Manpower Commission.
(h) Content of statements of availability.- A statement of availability
issued to an individual pursuant to the program shall contain only.
the individual's name, address, social security account number, if any,
the name and address of the issuing employer, or War Manpower
Commission officer and office, the date of issuance, a statement as to
whether or not the individual's last employment was in a critical
occupation, and such other information not prejudicial to the employee
in seeking new employment as may be authorized or required by the
War Manpower Commission.
(i) Solicitation of workers.—No employer shall advertise or otherwise
solicit for the purpose of hiring any individual if the hiring of such an
individual would be subject to restrictions under the employment
stabilization program, except in a manner consistent with such
restrictions.
(i) Hiring.-The decision to hire or refer a worker shall be based
on qualifications essential for performance of or suitability for the job,
and shall be made without discrimination as to race, color, creed, sex,
national origin, or except as required by law, citizenship.
(k) Representation.—Nothing contained in the program shall be con-
strued to restrict any individual from seeking the advice and aid of,
or from being represented by the labor organization of which he is a
member or any other representative freely chosen by him, at any step
in the operation of the program.
(1) General referral policies. No provision in the program shall limit
the authority of the United States Employment Service to make re-
ferrals in accordance with approved policies and instructions of the
War Manpower Commission.
907.5. Optional provisions.--Regional and Area Manpower Directors,
after consultation with their Management-Labor War Manpower
Committees, may include in employment stabilization programs pro-
visions such as the following designed to meet special manpower needs
in the localities affected, but, except as authorized in section 907.5 (a)
(5), no such provision shall conflict with section 907.4 of this regula-
tion or with any State or Federal law:
(a) Subject to standards and instructions approved by the Chair-
man of the War Manpower Commission, provision for adding to sec-
tion 907.4 (e) of this regulation the following categories of individuals
362 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
4
who must be hired only upon referral by, or in accordance with ar-
rangements with, the United States Employment Service:
(1) Individuals for work in specified categories of occupations in
activities in which manpower shortages threaten critically needed
production, or
(2) Individuals for work in specified shortage occupations (in ad-
dition to critical occupations), or
(3) Individuals whose statements of availability indicate that they
were most recently employed in such occupations, or
(4) Individuals who can be readily identified as able to meet speci-
fications required for work in such occupations or activities, ** or
(5) All individuals. A program containing such a provision may
apply only to a labor market area which, on the date of the approval of
the program, was classified by the War Manpower Commission as a
"Group I," or "Group II," area. Such a program, may, notwithstand-
ing anything to the contrary in this regulation, include necessary
modifications of section 907.4.4
() Provisions designed to protect individuals from loss of seniority
or other reemployment rights.
(c) Provisions designed to require or promote more effective utiliza-
tion of their manpower by employers.
(d) Provisions designed further to control advertising or other
solicitation of individuals.
(e) Provisions designed to afford individuals a greater measure of
protection against arbitrary discharge.
(f) Provisions designed to facilitate the employment of individuals
during vacation, probationary, off-season, or other short periods in
work other than that in which they have customarily engaged, and
to facilitate the return of such persons to their customary employment.
(9) Provisions governing the release of individuals by employers
by whom they were hired or solicited in violation of an employment
stabilization program and other provisions pertaining to the enforce-
ment of a program.
(h) Provisions designed to minimize loss of working time of appli-
cants for statement of availability or referral.
(i) Provisions designed to permit the hiring of an individual by, or
of an individual whose last regular employment was with, a small
** As amended May 19, 1944 (9F. R. 5400).
4a Under an administrative order of the Chairman of the War Manpower Commission,
dated June 1, 1944, regional directors of the War Manpower Commission have been ordered
to establish, not later than July 1, 1944, a program of priority referral for male workers,
with adaptations to meet the needs of the situation determined after consultation with
appropriate Management-Labor Committees. (Priority referral is a program which provides
that employers, except agricultural employers, in any area may hire workers only from
among those referred by the United States Employment Service of the War Manpower
Commission or in accordance with arrangements approved by the United States Employ-
ment Service, so that workers may be referred to jobs in the order of the relative impor-
tance of those jobs to the war effort.) Workers excluded from the application of stabiliza-
tion programs under paragraph (f) of section 907.4 of Regulation 7 (see page 360) are
likewise excluded from the application of this administrative order.
i
.
(August 3, 1944)
WAR MANPOWER COMMISSION DIRECTIVES AND REGULATIONS 363
establishment without regard to the requirements of the program,
except that no establishment regularly employing more than eight em-
ployees shall be treated as a small establishment for the
purpose
of
this paragraph.
*(i) Subject to standards and instructions approved by the Chair-
man of the War Manpower Commission, provisions for regulating
the hiring of new employees through the establishment of fair and
reasonable employment ceilings which limit the number of workers or
of specified types of workers which may be employed in an establish-
ment or place of employment during specified periods.5*
907.6. Definitions.--As used in this regulation:
(a) “Agriculture” means those farm activities carried on by farm
owners or tenants on farms in connection with the cultivation of the
soil, the harvesting of crops, or the raising, feeding, or management
of livestock, bees, and poultry, and shall not include any packing, can-
ning, processing, transportation or marketing of articles produced on
farms unless performed or carried on as an incident to ordinary farm-
ing. operations as distinguished from manufacturing or commercial
operations.
(6) "State" includes Alaska, Hawaii, and the District of Columbia.
(c) “New employee" means any individual who has not been in the
employment of the hiring employer at any time during the preceding
30-day period. For the purpose of this definition, employment of less
than seven days' duration and employment which is supplemental to
the employee's principal work shall be disregarded.
(d) “Critical occupation” means any occupation designated as a
critical Occupation by the Chairman of the War Manpower
Commission.
(e) “Essential activity" means any activity included in the War
Manpower Commission List of Essential Activities.
(f) "Locally needed activity” means any activity approved by the
Regional Manpower Director as a locally needed activity.
(9) The terms “employment” and “work” as applied to an individ-
ual engaged in principal and supplementary employments mean his
principal employment.
(h) “Employment stabilization program” includes any arrange-
mentinvolving restrictions on separation or hiring of workers, whether
through issuance of statements of availability, referral by the United
States Employment Service or otherwise.
* Added May 19, 1944 (9F. R. 5400).
Employment ceilings for Federal agencies are established by Area Manpower Priorities
Committees. An administrative order of the Chairman of the War Manpower Commission
required the establishment of employment ceilings for all labor shortage areas (Group I
and Group II) by July 1, 1944. The Civil Service Commission is not automatically repre-
sented on all Manpower Priorities Committees, but may be so represented where Federal
agencies represent important claimants for manpower in the area.*
6032360-44-2
(August 3, 1944)
363.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
***
*
***
907.7. Revocation of previous policies.—Tho War Manpower Commis-
sion Policy to Prevent Pirating of War Workers, dated July 16, 1942,
War Manpower Commission Policies for Employment Sta-
bilization Programs Which Include the Exercise of Hiring Controls
in Areas of Manpower Shortage, effective February 1, 1943, *
are hereby revoked, effective August 16, 1943, together with all instruc-
tions and procedures previously issued by the War Manpower Com-
mission relating to the formulation and content of employment stabil-
ization programs.
907.8. Effective date.This regulation shall become effective August
16, 1943
1
(August 3, 1944)
COORDINATION OF EXECUTIVE BUREAUS
TITLE I OF THE FIRST WAR POWERS ACT, 1941
[05 Stat. 838, December 18, 1041 ; 50 (App.) U. 8. C. 1040 ed., supp. II, 601-000)
4
SECTION 1. That for the national security and defense, for the successful
prosecution of the war, for the support and maintenance of the Army and
Nuvy, for the better utilization of resources and industries, and for the more
eflective exercise and more efficient -administration by the President of his
powers as Commander in Chief of the Army and Nuvy, the President is hereby
authorized to make such redistribution of functions among executive agencies
as he may deem necessary, including any functions, duties, and powers hitherto
by law conferred upon any executive department, coinmission, bureau, agency,
governmental corporation, office, or officer, in such manner as in his judgment
shall seem best Atted to carry out the purposes of this title, and to this end
is authorized to make such regulations and to issue such orders as he inay
deem necessary, which regulations and orders shall be in writing and shull be
published in accordance with the Federal Register Act of 1935: Provided, Thut
the termination of this title shall not affect any act done or any right or obli-
gation accruing or accrued pursuant to this title and during the time that this
title is in force: Provided further, That the authority by this title granted sball
be exercised only in matters relating to the conduct of the present war: Pro-
vided further, That no redistribution of functions shall provide for the transfer,
consolidation, or abolition of the whole or any part of the General Accounting
Ollice or of all or any part of its functions.
Sic. 2. That in carrying out the purposes of this title the President is
authorized to utilize, coordinate, or consolidate any executive or administrative
commissions, bureaus, agencies, governinental corporations, offices, or officers
now existing by law, to transfer any duties or powers from one existing depart-
ment, commission, bureau, agency, governmental corporation, oflice, or officer to
another, to transfer the personnel thereof or any part of it either by detail or
assignment, together with the whole or any part of the records and public
property belonging thereto.
Slc. 3. That for the purpose of carrying out the provisions of this title, any
moneys heretofore and hereafter appropriated for the use of any executive de-
partment, commission, bureau, agency, governmental corporation, office, or officer
shall be expended only for the purposes for which it was appropriated under the
direction of such other agency as may be directed by the President hereunder
to perform and execute said functions, except to the extent hereafter authorized
by the Congress in appropriution acts or otherwise.
Src. 4. That should the President, in redistributing the functions among the
executive agencies as provided in this title, conclude that any bureaus should be
abolished and it or their duties and functions conferred upon some other depart-
nent or burcuu or eliminated entirely, he shall report his conclusions to Congress
with such recommendations as he may deem proper.
Sicc. 5. That all luws or parts of laws conflicting with the provisions of this
title are to the extent of such conflict suspended wbile this title is in force.
364
HOURS OF LABOR
476
1
(based on 23 Comp. Gen. 650, March 2, 27, 1943). With respect to leave with-
1944).
out pay of part-time employees, see 22
With respect to the computation of Comp. Gen. 1043, May 17, 1943.
the base pay of full-time per diem em-
Sunday work or travel of per diem
ployees, see the act of April 1, 1944, re- employees.—A per diem "when actually
printed on page 469.01.
employed" employee, even though not
There is no authority under existing regularly required to work on Sundays,
law to compute the salary of employees is entitled to his basic compensation
whose compensation is fixed on an an- and to additional or overtime compen-
nual or monthly basis on any basis sation, as the case may be, under the
other than that specifically provided by War Overtime Pay Act of 1943 for Sun-
the act of June 30, 1906 (34 Stat. 763; days on which he is in a travel status
5 U. S. C. 1940 ed. 84). The salary away from his official station or while
on duty at his official station for the
should be computed by dividing the
annual rate by 360 to determine the other days, but he should not be paid
same number of hours as he works on
daily rate, or by dividing the annual basic and additional wartime compensa-
rate into 12 equal installments, one of
tion beyond the prescribed workday
which shall be the pay for each calen- solely because he is in a travel status
dar month, each of the 12 installments (decision, Comptroller General, July 4,
to be divided by 30 to determine the
1944).
daily rate; or by dividing the annual
Overtime in excess of regular work-
rate by 360 to determine the daily rate. week.-Work in excess of the regular
Therefore, the salaries of employees workweek for which additional com-
paid on an annual or monthly basis pensation may be paid may be either
may not be computed on a weekly or ordered in advance or approved by the
biweekly basis (23 Comp. Gen. 698, proper official after the work is per-
March 18, 1944).
formed. Overtime in excess
excess of the
In the case of a "when actually em-workweek may be ordered or approved
ployed" intermittent
intermittent employee ap- in blanket form, that is, for a group
pointed to a position not within the or class of employees. It is unneces-
Classification Act whose compensation, sary that each employee be given a
based on hourly rates, is not required separate and distinct order or that each
to be fixed in accordance with the 40- employee's overtime work must be ad-
hour week statute of March 28, 1934 (see ministratively approved (22 Comp. Gen.
page 464), the amount actually earned 745, February 4, 1943).
by the employee is his "earned basic Section 2 of Part III of the reg-
compensation” within the meaning of ulations authorizing prorating on
the War Overtime Pay Act of 1943, annual basis of increased compensa-
upon which the additional compensa- tion pursuant to an overtime formula
tion authorized for intermittent em- ] is specifically limited to "employment
ployees by section 3 of that act is to be during an officially established regular
computed (23 Comp. Gen. 195, Septem- workweek in excess of 40 hours.” Com-
ber 15, 1943).
pensation for overtime in excess of the
Overtime compensation of employees oficially established workweek *(even
who are in a pay status for less than a though such workweek is less than 48
full week.--A per annum employee hours)* may not be prorated on an
subject to the overtime-compensation annual basis, but should be paid at one
provisions of the act of May 7, 1943, and one-half times the basic hourly
who enters or leaves the service during rate calculated as required by the act
an administrative workweek is entitled and regulations, for such excess over-
to 1/360th of the gross annual compen- time hours. This is true even though
sation, including both basic and over- the employee was on leave without pay
time compensation, for each day in a during a portion of the officially estab-
pay status during the pay-roll period lished workweek, or entered on duty
(based on 22 Comp. Gen. 714, January | after it began, and consequently was
an
(August 3, 1944)
476.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
not in a pay status during the whole of pensatory time purposes of such extra
the officially established workweek duties is within administrative discre-
(based on 22 Comp. Gen. 778, February tion and is not subject to review by the
9, 1943; 22 Comp. Gen. 780, February General Accounting Office (based on
10, 1943; tand decision, Comptroller 23 Comp. Gen. 451, December 21,
General, July 18, 1944).*
1943).
In the case of intermittent employ-
*Compensatory time off from duty
ees who are appointed on a "when may be substituted in lieu of overtime
actually employed” basis to positions compensation only for so much of any
allocated to services and grades pur- period of service as is in excess of 48
suant to the Classification Act, and hours per week, even though the ad-
who are paid on the basis of hourly ministratively established workweek is
rates derived from per annum rates, less than 48 hours (decision, Comp-
the total basic compensation that may
troller General, July 18, 1944).*
be earned for any one day may not ex-
The discretion to substitute compen-
ceed 1360 of the annual salary rate satory time off from duty in lieu of
prescribed by that act for similar full- overtime compensation for service in
time positions, regardless of the number excess of 48 hours per week in any
of hours worked in addition to the hours administrative workweek is vested in
administratively required of full-time the administrative office rather than in
employees (23 Comp. Gen. 13, July 9, the employee. Such compensatory time
1943). (As to additional compensa- off is not to be regarded as additional
tion for such employees, see note on
leave of absence which must be applied
“Determination whether employees for. On the contrary, it is the duty
shall be paid on overtime or additional and responsibility of the administrative
compensation basis”, page 475.) How- office under the regulations to excuse
ever, intermittent employees appointed the employee from duty, within 90 days
on a "when actually employed” basis from the time the excess overtime was
to positions not within the purview of worked, for a period corresponding to
the Classification Act whose hourly the excess overtime worked, unless it
rates of compensation are not required elects to compensate him for such over-
to be fixed in accordance with the 40- time. If that office, through its own
hour week statute of March 28, 1934 fault or neglect or for its own conven-
(see page 464), may be paid basic comience, fails to grant the compensatory
pensation for the actual number of time by the end of the 90-day period,
hours worked even though in excess of the employee becomes entitled to pay-
8 hours per day (23 Comp. Gen. 195, ment for such excess overtime, whether
September 15, 1943).
he has requested compensatory over-
While neither the War Overtime Pay | time or not.
Act of 1943 nor the regulations adopted
Where the head of an agency elects to
thereunder specify the amount of com- grant a full-time per annum employee
pensatory time off from duty that must who works in excess of 48 hours per
be granted administratively for work week compensatory time off from duty
or a duty status in excess of 48 hours in lieu of overtime compensation pur-
per week, per annum employees who suant to the War Overtime Pay Act of
actually work excess overtime—that is, 1943 and the regulations issued there-
actually are engaged in their regular | under, but, as a result of the employee's
duties for the time in excess of 48 hours own fault or voluntary action (such as
per week-may be granted compensa- voluntary resignation, transfer at the
tory time off from duty hour for hour employee's request, or refusal to accept
for the excess overtime worked. Where the compensatory time off), the agency
an employee's extra duties require him head is prevented from granting such
to be available for duty 24 hours per time off within the 90-day period pre-
day but do not require that all his time scribed by the said regulations, the em-
or a fixed portion thereof be devoted ployee is not entitled to overtime
to actual work, an evaluation for com- compensation for overtime worked in
.
(August 3, 1944)
HOURS OF LABOR
477
excess of 48 hours per week. On the the resulting daily rate by 8 hours (22
other hand, if the employee's inability Comp. Gen. 1091, June 10, 1943). (See
to utilize such compensatory time off also 23 Comp. Gen. 19, July 12, 1943.)
prior to the expiration of the 90-day With respect to computation and ad-
period prescribed by the said regula- justment of additional compensation for
tions is due to no fault or voluntary fee-basis employees, see 23 Comp. Gen.
action of his own, but results from in- 19, July 12, 1943.
duction into the armed forces, termina- *In any pay period in which an em-
tion of his service without his consent, ployee works sufficient overtime (either
involuntary transfer pursuant to War during the regular administrative work-
Manpower Commission directives, or week or in addition thereto) to entitle
the like, he is entitled to overtime him to overtime compensation, com-
compensation for such excess overtime puted in accordance with section 2 of
(23 Comp. Gen. 253, October 5, 1943). the War Overtime Pay Act of 1943, at
Payment of overtime on terminal an- a per annum rate not less than the $300
nual leave.--Persons who are being rate specified by section 3 (b) of the
paid for accumulated annual leave act as the minimum rate of additional
pending termination are entitled to wartime compensation payable to em-
overtime compensation under the act ployees entitled to its benefits, the $300
of December 22, 1942, on such period guarantee is satisfied and the em-
of leave (22 Comp. Gen. 810, February ployee becomes entitled only to the
16, 1943).
overtime compensation. If sufficient
Computation of additional compensa- overtime is worked to satisfy a portion
tion in lieu of overtime.—In determin- of the guarantee, there must be a pro-
ing the additional compensation at the portionate reduction in the guarantee
rate of $300 per annum to which inter- (decision, Comptroller General, July 18,
mittent or irregular employees who are 1944).*
paid on an hourly basis and whose The 15 percent additional compensa-
earned basic compensation (based on tion to which part-time employees are
313 days on which they work and re-entitled under section 3 (c) of the War
ceive compensation during the year, and Overtime Pay Act of 1943 should be com-
8 hours per day) is at a rate of less than puted on the entire amount of the part-
$2000 per annum are entitled under sec- time salary rate not in excess of $2,900
tion 3 (a) of the War Overtime Pay Act per annum, without regard to the extent
of 1943, the daily rate of additional to which the salary of a full-time em-
compensation should be computed by di-ployee of the same class would exceed
viding the $300 per annum rate by 313 $2,900 per annum (23 Comp. Gen. 11,
days, and the hourly rate by dividing | July 9, 1943).
HOLIDAY PAY
Hereafter whenever regular employees of the Federal Govern-
ment whose compensation is fixed at a rate per day, per hour, or on
a piecework basis are relieved or prevented from working solely
because of the occurrence of a holiday such as New Year's Day,
Washington's Birthday, Memorial Day, Fourth of July, Labor Day,
Thanksgiving Day, Christmas Day, or any other day declared a
holiday by Federal statute 24 or Executive order, or any day on
which the departments and establishments of the Government are
closed by Executive order, they shall receive the same pay for such
days as for other days on which an ordinary day's work is performed
(52 Stat. 1246, June 29, 1938; 5 U.S. C. 1940 ed. 86a).
24 Armistice Day has also been made a legal holiday by the act of May 13, 1938 (52
Stat. 351 ; 5 U. S. C., 1940 ed., 87a). Executive Order No. 1076 of May. 22, 1909, provides
that when certain national holidays fall on Sunday, the following Monday shall be a holiday
for Government employees.
(August 3, 1944)
478 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
NOTES ON THE HOLIDAY-PAY ACT
Per annum employees. There is no tive office may compute and pay the an-
statute making specific provision with nual or monthly compensation on the
respect to the payment of compensation basis of the day.
of per annum employees for holidays.
Employees who do not come within
It has always been accepted that as the Classification Act, or any other law
per annum employees are paid for every requiring that their compensation be at
day in the year, they are entitled to
a rate per annum, or per month, and
their regular compensation for a holi-
whose compensation is administratively
day occurring within their regular tour
of duty or workweek, regardless of fixed at a rate per day, or per hour, or
whether they be required to work on per piece, and who are required to work
the holiday (21 Comp. Gen. 901, April all, or substantially all, the time, qualify
2, 1942; 22 Comp. Gen. 762, February as "regular employees and otherwise
5, 1943).
come within the provisions of the holi-
*Part-time employees.--Employees day-pay act (19 Comp. Gen. 337, Sep-
regularly employed part time and paid tember 9, 1939).
on a per annum basis are entitled to Whether a person is a "regular em-
compensation for legal holidays on ployee of the Federal Government”
which they were prevented from work within the meaning of the holiday-pay
ing because the office was closed (23 act depends upon all the facts with re-
Comp. Gen. 584, February 11, 1944).* spect to the purpose, nature, tenure,
Employees affected by holiday-pay and/or duration of his employment.
act.-Generally the term "regular em- The designation "when actually em-
ployees of the Federal Government ployed" is not the sole determining fac-
whose compensation is fixed at a rate tor as to whether an employee so desig-
per day, per hour, or on a piece-work nated is a "regular employee of the
basis” appearing in the holiday-pay act Federal Government" within the mean-
of June 29, 1938 (52 Stat. 1246), in- ing of the act, but generally one so ap-
cludes all employees of the Federal pointed and paid does not have that
Government whose compensation is re- status because the term is ordinarily
quired to be measured in the manner descriptive of a day-to-day worker who
specified not employed on an intermit is not required to serve for continuous
tent basis, or from day to day, or for and comparatively indefinite periods, or
definite periods of less than 6 months, to be at hand for service iſ not ex-
who were entitled to holiday pay under cused in advance (19 Comp. Gen. 426,
the statutes in force prior to said reso- October 9, 1939).
lution, including both permanent and An employee serving intermittently at
temporary employees.
her own volition under an appointment
The act does not enlarge the classes providing for payment at an hourly rate
of employees entitled to holiday pay when actually employed and for a max-
without working, but merely changes imum of 90 hours work in any one
the basis for payment (18 Comp. Gen. month, who was neither required to
481, November 26, 1938).
work every day nor to work a regular
As employees whose compensation is number of hours every day she worked,
"required by statute” to be based on is not a "regular" employee of the Gov-
the year or month, if otherwise in a ernment within the meaning of the
pay status and unless they be employed holiday-pay act, and is not entitled to
on a "when actually employed" basis, compensation for holidays when
are entitled to the regular pay for boli. | work was performed (19 Comp. Gen.
days whether or not work is performed 746, February 21, 1940).
on such holidays, the holiday-pay act Per-diem employees engaged in 24-
does not apply to such employees even hour service who work in shifts on 5
though for convenience an administra- days of 8 hours each out of 7 consecu-
no
(July 19, 19442
LEAVE OF ABSENCE
495
an
ACCRUAL AND CREDITING OF LEAVE which it is earned; but there is no
Date on which leave may be cred- administrative authority to grant in-
ited.—Sick leave of absence is not definite employees such leave credit at
granted by the act of March 14, 1936, the beginning of the service month in
49 Stat. 1162, on a yearly basis, but on
which the leave is earned, or at any
a monthly basis. The monthly accrual time during the month other than the
of one and one-quarter days becomes end thereof (decision, Comptroller Gen-
available to the employee at any time on eral, July 13, 1944).*
or after the first day of the month. The
Administrative determinations as to
setting up of 15 days' sick leave credit amount of leave to employee's
at the beginning of the leave year for credit.-The keeping of records of ein-
use as needed is not authorized (15 ployees' accrued annual and sick leave
Comp. Gen. 866, March 27, 1936; 15 is an administrative duty and respon-
Comp. Gen. 1058, June 4, 1936).
sibility, and, therefore, the administra-
The monthly credit of 2 days' annual | tive determination as to the amount of
leave may be allowed to permanent em- annual and sick leave an employee has
ployees during their first year of service to his credit ordinarily will not be ques-
at the beginning of the month in which tioned by the General Accounting Office
it accrues. However, it is within ad (22 Comp. Gen. 348, October 14, 1942).
ministrative discretion to deny such em-
Reestablishment of lost leave rec-
ployees the monthly credit until the ords.-No objection will be made to the
expiration of the month in which it acceptance by the War Department of
accrues (23 Comp. Gen. 841, May 4, the sworn statement of any employee
1944). As to crediting annual leave to as to the amount of leave previously
permanent employees who have served taken by him, for the purpose of re-
more than one year, see section 2.1 (a) establishing his service and leave rec-
of the Leave Regulations.
ords which have apparently been lost
After the first month of service, tem- as a result of enemy action (22 Comp.
porary employees may be credited with Gen. 348, October 14, 1942).
annual leave at the beginning of the
Methods of accounting for leave.-
month in which it accrues, although it is Section 5.1 of the Leave Regulations
within administrative discretion to deny grants the Civil Service Commission
such employees the monthly credit of authority to prescribe methods of ac-
annual leave until the expiration of the counting for leave, subject to the ap-
month in which it accrues (23 Comp. proval of the Director of the Bureau of
Gen. 841, May 4, 1944).
the Budget.
The credit of leave to "indefinite em-
Departments and agencies to which
ployees" (within the meaning of the
Leave Regulations) accrues as the leave
these regulations apply have heretofore
is earned. Where such an employee is prescribed their own methods of main-
absent on leave without pay for a frac- taining employee leave records. They
tion of a day, or a day or more, a new may continue to follow such methods
month's period is begun when duty is until further notice, provided that, in
resumed (20 Comp. Gen. 827, May 28, accordance with section 5.1, they main-
1941; 18 Comp. Gen. 400, October 31, tain an account of leave for each em-
1938; 23 Comp. Gen. 603, February 18, ployee under their respective jurisdic-
1944). The two days' monthly leave tions (departmental circular No. 469,
credit may be administratively al- February 11, 1944).
lowed at the end of each month of Effective date of changes in regula-
service, including the first month, in tions as to leave crediting:-The leave
(August 3, 1944)
495.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
.
*
regulations in force when the leave is the Annual Leave Regulations so as to
earned are controlling in the matter of entitle him to the full monthly and quar-
crediting leave (23 Comp. Gen. 603, terly annual leave credit authorized
February 18, 1944).
therein. This is true even though the
Computation of leave credits.-Stand- 30th is a nonwork day, and he does
ard Form 67, "Leave Credit Table," is not serve on the 31st (based on 23 Comp.
used in computing annual- and sick-leave Gen. 789, April 15, 1944; 23 Comp. Gen.
credits. This table applies only to those 837, May 2, 1944).
employees who are working a regular
Accrual of leave during periods of
8-hour tour of duty. All computations leave with pay. The purpose and in-
therein are based on a 30-day month; as tent of section 4.2 of the Annual and
to computing leave for a fractional Sick Leave Regulations is that leave
month, see note on “Fractional months on leave, either sick or annual, is
of service," below. Standard Form 67 earned only if there is a return to duty,
may be requisitioned from the Govern- and no leave on leave, either sick or
ment Printing Office by the office in each annual, is earned during terminal an-
agency which is authorized to procure nual or sick leave. Under Section 4.2
printing from the Government Printing (b) no leave is earned on terminal
Office (departmental circular No. 471, leave which precedes entrance into
February 26, 1944). As to authority for active military service, or retirement of
this table, see decision, Comptroller the employee regardless of the cause of
General, February 11, 1944.
retirement (23 Comp. Gen. 603, Feb-
Quarterly additional annual leave ruary 18, 1944; 23 Comp. Gen. 677,
credits. A permanent employee must | March 16, 1944; 23 Comp. Gen. 837,
serve an entire quarter of the calendar May 2, 1944).
year in order to be entitled to the one- If leave on leave is granted erro-
half day additional credit of annual neously because of the fact that the ad-
leave (4 hours) in March, June, Septem- ministrative office had no advance in-
ber, and December as provided by sec- formation that the employee intended
tion 2.1 (a) of the Leave Regulations to resign at the termination of his
(decision, Comptroller General, Febru- leave, a charge properly is for assert-
ary 11, 1944). However, the fact that ing against the employee for the over-
an employee is in a leave status at the drawn leave representing the amount
end of the quarter or has been on leave of compensation which actually was
without pay during a part of the quarter paid for the period of leave on leave
does not, in itself, disqualify him for the (23 Comp. Gen. 638, February 29,
quarterly credit (see note entitled "Ef- 1944). Cf. note on "Requirement of
fect of leave without pay upon leave refund from employees separated from
credits”, below).
the service”, page 503.
Where there are 31 days in the final The prohibition against the granting
month of a quarter, a permanent em- of leave on leave during terminal leave
ployee who is paid for the first 30 days of applies to employees whose tenure of
that month and has been continuously service is indefinite and whose termi-
employed from the first day of the nation of service must be fixed after
quarter may be considered as having service has been rendered. It has
been "continuously employed for the en- no application to deny "temporary em-
tire quarter-year ending in such month" ployees" within the meaning of the
within the meaning of section 2.1 (a) of | Leave Regulations who are appointed
(
(July 12, 1944)
LEAVE OF ABSENCE
495.04
(0) Temporary and indefinite em- without break in continuity of service, or
ployees.-Leave credits for "temporary" in succeeding months, may not be ad-
and "indefinite” employees (within the vanced to indefinite per diem "when ac-
meaning of the Leave Regulations) are tually employed” employees even though
based on the service month rather than they have completed one or more months
tt a calendar month. They are not enti- of continuous service with or without
tled to annual or sick leave for a frac- break in service, such an employee, with-
tional month's service, and leave for out other leave to his credit, who has
them may be computed only on the basis been continuously employed for 28 days
of a full month's service. This rule of a 30-day month, may be granted, as in
applies to both types of "indefinite" em- anticipation of the month's continuous
ployees—those who are appointed "for service, not to exceed 2 days annual
the duration of the job” and those who leave at the last of the month. The
are paid on a "when actually employed" continuity of service of “temporary"
basis. An "indefinite” employee begins employees for annual leave earning
a new month of service when he resumes purposes is not broken by Sundays not
duty after being absent on leave without occurring within a regular tour of
pay (or layoff or furlough) for a fraction duty, or holidays or nonwork days
of a day, or a day or more.
established by Federal statute or by
As to accrual of leave by temporary Executive or administrative order (16
employees during leave with pay periods, Comp. Gen. 993, May 10, 1937; 16 Comp.
see notes on "Accrual of leave during Gen. 1039, May 26, 1937 ; 17 Comp. Gen.
periods of leave with pay," above.
1017, May 27, 1938; 18 Comp. Gen. 400,
A furlough or leave-without-pay period
does not affect the accrual of leave by October 31, 1938; 20 Comp. Gen. 827, May
“temporary” or “indefinite” employees if 28, 1941; 21 Comp. Gen. 101, August 5,
it is administratively permitted to be 1941; 22 Comp. Gen. 619, January 7,
"bridged over" with annual leave with 1943; decision, Comptroller General,
pay (or sick leave, if the absence is one February 11, 1944; 23 Comp. Gen. 638,
for which sick leave may properly be February 29, 1944; 23 Comp. Gen. 677,
granted or advanced), and sufficient an- March 16, 1944; 23 Comp. Gen. 841,
nual or sick leave is available for May 4, 1944; 23 Comp. Gen. 848, May
granting. While annual leave which 5, 1944; *decision, Comptroller General,
would accrue at the end of the month | July 13, 1944).*
(August 3, 1944)
496 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
Periods during which an employee from one period of the temporary ap.
paid only when actually employed is not pointment to another (based on 20
continuously employed but is required Comp. Gen. 332, December 21, 1940; 20
to be in readiness to render service when Comp. Gen. 661, April 22, 1941; 18
needed, may not be considered as a Comp. Gen. 596, January 7, 1939).
part of the one month's period of sery- Crediting leave earned in previous in-
ice for the purpose of determining definite appointments.—The annual and
whether or not the employee has earned sick leave of "indefinite” employees paid
annual or sick leave, although they may only when actually employed, which may
be so counted for the purpose of deter- te credited only for periods of con-
mining whether he is an "indefinite" | tinuous service of one month or more,
employee under the leave regulations may be carried over from one such pe-
as distinguished from a part-time or riod of continuous service to another (17
intermittent employee (17 Comp. Gen. Comp. Gen. 1017, May 27, 1938).
1017, May 27, 1938). Annual and sick | Employees subject to Federal and
leave is not earned during such periods, State supervision during alternate pe-
or during furlough or lay-off periods riods.--Where, under cooperative agree-
or periods of service for less than one ments between the Department of Agri-
month rendered at intervals, even culture and States, etc., employees are
though preceded or followed by periods uuder the supervision and control of
of continuous service for at least one the Federal Government during six
month (17 Comp. Gen. 1017, May 27, ( months of the year and under the super-
1938). With respect to the earning of vision and control of the cooperating
leave by permauent trainmen on the agency during the other six months, an-
Alaska Railroad, see notes, page 494.
nual and sick leave under the Federal
The rulings set forth in this note are acts o March 14, 1936, 49 Stat. 1161
applicable even though the absence is and 1162, accrues only during the period
due to religious reasons (20 Comp. Gen. the employees are under Federal con-
827, May 28, 1941; 22 Comp. Gen. 619, trol. Such employees may, however, be
January 7, 1943).
regarded as in a continuous duty status,
Crediting leave earned in previous and their Federal leave may be carried
temporary appointments. Employees
over from one continuous period of Fed-
originally appointed for definite periods eral control of one month or more to
not exceeding one year whose appoint- another (17 Comp. Gen. 362, October 26,
ments are extended at the end of one
1937).
year *for a further definite period not Recrediting of leave upon immediate
exceeding one year,* or who are given reemployment after retirement.-Where
new temporary appointments at such an employee is retired for age and re-
time, are to be regarded as temporary appointed to his former position the next
employees for leave purposes regard- day under authority of the act of June
less of the aggregate length of service, 28, 1940 (see p. 133), the provisions of
and such a series of appointments or the annual and sick leave acts and
extensions is to be considered as one regulations are applicable just as in
temporary appointment for the purpose any other case of separation and re-
of transferring accrued leave credit appointment without break in service.
(July 12, 1944)
LEAVE OF ABSENCE
517
ployee is entitled as it matter of right leave. (This decision refers to military
to the unused annual leave standing to leave in the strict sense-leave granted
his credit upon terinination of service. under the acts set forth under that
Such leave may not be denied admin- heading on pages 518.01 and 519-and
istratively. The granting of sick leave not to the annual leave now granted
upon termination of service, however, concurrent with active military or
is an administrative matter not subject naval service).*
to review or revision by the General AC- Granting of leave without pay.-
counting Office (decision, Comptroller The provision of section 4.8 (a) of the
General, July 17, 1944).
Annual and Sick Leave Regulations that
An employee who is required by rea- leave without pay may be granted to
son of ill health to leave active service an employee for a period not exceeding
and resign, which action properly is 12 months regardless of whether he has
supported by a doctor's certificate, may leave standing to his credit was not in-
be granted all of his accumulated and tended to limit administrative action
current accrued sick and annual leave in the granting of leave of absence with-
as a continuous period, without a re-
out pay to a period of 12 months in all
turn to duty, upon the basis of an ap cases, but is merely a limitation on the
plication therefor tiled along with tender amount of leave without pay that may
of resignation prior to the expiration of be granted while an employee has an-
the leave, and the date of resignation nual leave to his credit.
may be so fixed as to grant such sick
Where an employee has been car-
and annual leave. However, a substi-
tution of sick leave for annual leave ried on the rolls in a leave-without-pay
under the conditions stated in section status because of extended illness for
a period of one year or more and has
3.6 of the regulations should not be ap-
proved unless and until there is a return
no unused annual leave to his credit, it
to đuty and the employee has filed the is within administrative discretion to
required medical certificate (23 Comp. grant the employee additional periods
Gen. 638, February 29, 1944; decision, of leave without pay (23 Comp. Gen.
Comptroller General, July 17, 1944).. 789, April 15, 1944)..
In the case of an employee who is to
In connection with reemployment pro-
be separated from the service where cedure, however, periods of leave with-
only annual leave is applied for, or sick out pay in excess of one year are treated
leave is applied for and denied, and the as separations for certain purposes.
termination date once is fixed to be ef- See, for example, section 16 of the joint
fective at the termination of the annual regulations applying to the District of
leave, section 4.2 (b) of the Annual and Columbia Government (page 395).
Sick Leave Regulations prohibits the ex- The granting of leave without pay for
tension of such fixed date of separation a period extending beyond the liquida-
by the granting of sick leave (decision, tion of an agency is discussed on page
Comptroller General, July 17, 1944). 514; leave without pay during active
Section 4.2 (b) Ilkewise prohibits the military service, on page 507 ; reports to
extension of the final date of separation the Commission of furloughs and leaves
by the granting of court leave. The without pay, on page 206; issuance of
Comptroller General has also held (10 statements of availability on furlough
Comp. Gen. 716, February 9, 1940), that or involuntary leave without pay, on
there is no requirement that the pay page 193.
status of the employee be extended in Refunds for advanced leave.--Sce
such cases by the granting of military note on page 503.
(August 3, 1944)
517.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
REPLACEMENT OF EMPLOYCES ON LEAVE | 180, Revised Statutes, as amended, upon
As a general rule, only one person the temporary filling of vacancies in
may be paid the salary of the same
offices appointment to which is not
office for the same period. This is true vested in the head of the department
even during periods covered by ter- does not begin to run until the expira-
minal leave, when the employee has tion of the leave period (19 Comp. Gen.
ceased to perform active duty.
501, November 16, 1939; 20 Comp. Gen.
Where an officer or employee tenders 9, July 5, 1940).
his resignation to take effect upon the
Where an employee resigns to take
termination of the accrued annual leave effect at termination of his annual
to his credit and the resignation is ac- leave granted under the act of March
cepted as presented, the office or posi- 14, 1936 (see page 481), and his resig-
tion does not become vacant until the nation is accepted on that basis, the
leave has expired and the employee is attempted appointment of another per-
finally separated pursuant to the terms son to the same position, prior to termi-
of his accepted resignation. If the an-
nation of the leave, particularly without
nual leave period extends into a recess
notice to the employee who has resigned,
of the Senate, a recess appointment does not automatically separate the
made at any time between the leave first incumbent from the position and
expiration date and the next convening he, and not his successor, is the one
of the Senate is not affected by the entitled to the salary thereof through
provisions of section 1761, Revised Stat- date of termination of the leave (20
utes, against payment of salary, prior Comp. Gen. 9, July 5, 1940). If the
to confirmation by the Senate, of a employee's position is not a statutory
person appointed during the recess of office, but has been administratively
the Senate to a vacancy which existed created under a lump-sum appropria-
while the Senate was in session. The tion, an additional identical position
limitation to 30 days imposed by section may be administratively created and
!
(July 5, 1914)
JK
6 3 3
'A 22
CIVIL SERVICE ACT AND RULES TRANSMITTAL SHEET NO. 7
August 10, 1944
These sheets should be torn or cut apart along
the perforations. They should then be substituted
as shown on the back of this page for pages of the
loose-leaf edition of the "Civil Service Act and
Rules." The steps in making the insertions are ex-
plained on page XX of the introductory chapter, "How
to Use This Book. The date of this
this transmittal
sheet and the date of filing should then be noted on
the "Filing Record" at the front of the book, and
this page should be filed immediately behind Trans-
mittal Sheet No. 6.
When this filing is completed, pages 4 to 42.02,
123 to 135, 185 to 192, 291 to 318, 328 to 365, and
447 to 525 will be up to date as of August 10, 1944.
Remarks
Additions have been made on pages. 17, 17.01, 315,
331, and 335.
Changes have been made
on pages 185, 185.01,
185,02, 186, 186.01, 186.02, 186.03, 186.04, 187,
187.01, 188, 188.01, 189, 189.01, 190, 190.01, 191,
192, 316, and 464.01.
The change of the word "recruitment" to "ap-
pointment" on page 316 is merely for the purpose of
clarification. It is believed that the nature of all
other changes will be obvious upon comparison of the
old with the new pages.
An effort has been made to divide the pages in
the material on reduction of force so that the index
will continue to be as useful as possible; however,
this could be done only within certain limits, and
it will be noted, in particular, that the list of
priorities in retention
falls
on page 186.03
rather than 18.7.
No page appearing in a particular installment
has been changed in that installment (except by the
transfer of material from contiguous pages) unless
the edition date of the page is the same as that of
the transmittal sheet. Stars are retained
printed pages to indicate the last changes made on
now
on re-
the page.
604310°-4--1
TRANSMITTAL SHEET NO. 7 (AUGUST 19, 1944)
Remove
Insert
Page
Edition date
Page
Edition date
17
October 31, 1943
August 10, 1944
18
185
July 19, 1944
October 31, 1943
July 19; 1944
August 10, 1944
11
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186
187
11
01
11
188
11
17
17.01
18
185
185.01
185.02
186
186.01
186.02
186.03
186.04
187
187.01
188
188.01
189
189.01
190
190.01
191
192
315
316
331
332
335
336
464.01
189
11
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192
315
316
331
332
335
336
464.01
ti
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October 31, 1943
August 10, 1944
October 31, 1943
August 10, 1944
July 19, 1944
Note.--Pages of the October 31, 1943, edition bear no
edition date in the lower outside corner.
II
UNITED STATES OF AMERICA
DEPOSITED BY THE
AUTHORITY FOR RULES AND REGULATIONS
Svjetion
17
for manpower in the civilian service or would conflict with policies or
directives of the War Manpower Commission.42
IX. The Civil Service Commission is authorized and directed to
adopt such measures and take such action as may be necessary or
appropriate to carry out the provisions of this directive and to insure
that the reemployment provisions set forth in paragraph IV of this
directive are given full force and effect.
X. This Directive shall become effective on and after September
27, 1942.
XI. This Directive may be cited as the "Directive with Respect to
the Transfer and Release of Government employees.'
NOTES ON THE ORGANIZATION OF THE COMMISSION
as
Civil Service Commissioners.-Undersion has established regional offices,
the provisions of section 1 of the Civil under the direction of regional direc-
Service Act, the Civil Service Commis- | tors, in thirteen of the Nation's prin-
sion is constituted of three Commis- cipal cities. The location of these of-
sioners, appointed by the President by fices, and the territory served by each, is
and with the advice and consent of the shown in the Commission's Form 2504.
Senate, and removable by him. Not During the war emergency, a number
more than two of the Commissioners of branch regional offices have been es-
may be adherents of the same political tablished, and regional directors have
party. None may hold any other of placed special representatives in many
ficial place under the United States. important Government establishments
The salaries of the Commissioners have or recruiting centers.
been fixed at $10,000 each per annum *The procedure of filling positions
by section 8 of the Ramspeck Act of under authorities issued by civil-serv-
November 26, 1940 (54 Stat. 1216). ice regional directors or their authorized
Executive Director and Chief Exam- representatives is known "field-
iner.-Next in authority to the Commis- system certification.” The procedure
sioners is the Executive Director and of filling positions under authorities
Chief Examiner, who is appointed by issued by the Civil Service Commis-
them (see 37 Op. Atty. Gen. 227, August sion's central office is known as “de-.
12, 1933). The office was established, partmental-system certification." PO-
under the title “chief examiner”, by sitions filled through departmental-
section 3 of the Civil Service Act. The system certification normally include
salary of the Executive Director and Washington, D. C., headquarters po-
Chief Examiner has been fixed at $9,500 sitions, and may also include certain
per annum by section 8 of the Ram-field-duty positions. Positions filled
speck Act of November 26, 1940 (54 through field-system certification nor-
Stat. 1216).
mally include decentralized depart-
Regional offices of the Commission.- mental positions as well as regular field-
For faster and more convenient service duty positions.
to Federal offices outside the District The Commission's regional offices are
of Columbia, and for better supervision prepared to act upon all requests for
of its own field activities, the Commis-1 certification, transfer, reappointment,
12 For regulations on granting of releases to employees, see war-service regulation X.
p. 39, and section 4 of war-service regulation IX, p. 34.
(August 10, 1941).
17.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
audit of promotions, and other war-duty positions still under departmental
service personnel changes requiring jurisdiction, this information should be
Commission authorization for field-duty presented by the central personnel office
positions, except for those positions ap- to the civil-service representative at
proved by the Commission for depart- the agency, in order that the list of de-
mental-system certification.
partmental-system positions may be re-
When a field-duty position or group vised.
of field-duty positions is placed by In any case where a new position or
agreement under the jurisdiction of the new office is established in the field and
Commission's regional offices, all ap- where the agency proposes use of the
pointments and personnel changes re- departmental system for personnel ac-
quiring civil-service authority are to be tions, a memorandum stating the rea-
presented to the Commission's regional sons for the proposal should be sub-
offices; conversely, when it has been mitted to the Commission's representa-
agreed that certain positions are under tive at the agency. Upon receipt of
the jurisdiction of the Commission's such a proposal, the Commission will
central office, requests for personnel ac- determine whether the nature of the
tion for such positions may not be pre- positions warrants their being excepted
sented to the Commission's regional of- from the usual field-system procedure
Aces. This policy of “exclusive juris- and will notify the agency of its deci-
diction" does not require that agencies sion (departmental circular No. 487,
delegate to their field offices complete July 15, 1944).*
authority with respect to every detail Boards of United States civil-service
of all personnel transactions involved. examiners. Section 3 of the Civil Sery-
(As to the authority of heads of agencies ice Act provides that "the Commission
to delegate appointing power to their shall, at Washington, and in one or
field officials, and the extent to which
more places in each State and Terri-
such power has been delegated, see tory where examinations are to take
notes on pages 1 and 2.) It does re- place, designate and select a suitable
quire, however, that necessary civil- | number of persons, not less than three,
service approval for appointments, re- in the official service of the United
appointments, transfers, promotions, States, residing in said State or Ter-
reassignments, and other war-service ritory, after consulting the head of
personnel changes be requested only the department or office in which such
from that office of the Commission persons serve, to be members of boards
which, under agreement between the of examiners, and may at any time sub-
Commission and the agency, has juris- stitute any other person in said serv-
diction with respect to recruiting for ice living in such State or Territory
the positions in question.
in the place of anyone so selected."
In any case where an agency finds Section 1 of civil-service rule IV, which
that further authority may be delegated is not superseded by the war-service
to officers in the field to submit requests regulations, provides that such board
for personnel for filling vacancies in, members “shall perform such duties as
or to initiate personnel changes in, the Commission may direct, in connec-
any field-duty position or group of field- tion with the execution of the Civil
(August 10, 1944)
AUTHORITY FOR RULES AND REGULATIONS
18
or
Service Act and these rules, and in the provide that a recorder shall not par-
performance thereof they shall be under ticipate in the rating of papers.
the direct and sole control of the Com- Assignment of board member. The
mission. Such duties shall be consid-Commission may assign a menuber of
ered part of the duties of the office in a board of examiners to any appropri-
which they are serving and time shall ate duties in execution of the act and
be allowed therefor during office hours. rules, and such assignment may be for
No such board shall be composed solely duty at his headquarters or temporarily
of adherents of one political party away therefrom
therefrom (opinion, Attorney
when other persons are available and General, June 30, 1914).
competent to serve."
Authority to administer oaths. See
Sertion 1 (6) of civil-service rule IV note, p. 108.
.
provides as follows:
Details to within Commission's
"Where qualified special examiners force. The act of *June 27, 1944 (Pub-
are not available in the Federal service, lic Law 358, 78th Cong.),* provides as
the Commission may designate indi- | follows:
viduals outside the service specially "No details from any executive de
qualified by experience and training, partment or independent establishment
and of outstanding reputation in their in the District of Columbia or else-
own field, to serve on a board of examin- where to the Commission's central of-
ers for a particular examination, and fice in Washington or to any of its re-
may compensate them for such service gional offices shall be made during the
on a per-diem basis."
fiscal year ending June 30, *1945, but
Official status of board members.- this shall not affect the making of de
The boards of civil-service examiners tails for service as members of the
are selected by the Civil Service Com-boards of examiners outside the im-
mission, and though subordinate to the mediate offices of the regional direc-
Commission, may properly be regarded details of persons qualified to serve as
tors, *nor shall it affect the making of
as oficials of the respective departments expert examiners on special subjects :*
in connection with which they act (20 Provided further, that the Civil Service
Op. Atty. Gen. 557, Mar. 31, 1883). Commission shall have power in case of
Reoorders of Navy labor boards. emergency to transfer or detail any of
Recorders of labor boards at naval es- its einployees to or from its office or field
tablishments are members of their re- force."
spective boards (minute of Commis- Council of Personnel Administra-
sion, Dec. 29, 1931). The regulations | tion.-See page 400.
NOTES ON THE SCOPE AND CONTENT OF THE CIVIL-SERVICE RULES
*
Validity of rules and regulations.- the power to make rules and regulations
Where an act of Congress, establisbing within certain limits which, when made,
a general system, confers on the Presi- will have the force of law.
dent the authority to do a speciic act But if any rule prepared by this Com-
for the purpose of perfecting the means mission, whether published by the Presi-
by which that system shall be carried dent or not, should have the effect of
into effect, the act of the President, when repealing or modifying an act of Con-
performed according to the terms of the gress, it would be an act of legislation
statute, has all the validity and author and not a regulation of a mere executive
ity of the statute itself (10 Op. Atty. character, which it was clearly the ob-
Gen. 469, March 19, 1862).
ject of this law to authorize. It is a
There can be no doubt as to the power grave question whether Oongress could
of Congress or any other legislative body delegate to the President, or to any board
to delegate to subordinate authorities of commissioners jointly with the Presi-
(July 19, 1944)
!
NOTES ON SEPARATIONS AND TERMINATION OF ACTIVE SERVICE 185
page 198.
Effective date of removal.-See notes, arise. They are complex because there
are so many factors which must be con-
Notification to Commission of re- sidered. Underlying policies should be
movals based on defect in examination kept in mind in applying the rules to
procedure.-The Commission should be individual cases. The most important
informed of cases involving removals policies are as follows:
based on a defect in the examination (a) Looking ahead for changes in
procedure in order that it may insure work loads, available funds and em-
all proper consideration of the rights ployee turnover, and restricting appoint-
of applicants which might be over-ments in certain lines of work may pre-
looked through possible misunderstand-vent a surplus in workers which would
ing of civil service procedure by the otherwise occur. It is better practice
departments (Commission's minute 2 of to keep a working staff down to the
March 24, 1939).
number required than to cut down an
*
oversize staff of employees.
REDUCTION IN FORCE REGULATIONS
(0) Employees who are not giving
[Promulgated by departmental circular satisfactory service should be separated
No. 500, August 5, 1944 (9F. R. 9575)] by appropriate methods or shifted to
positions where they can give satisfac-
Part 1 – Basic Considerations
tory service before it is necessary to
SECTION 101. Authority.-Pursuant to reduce the force. Employees who are
the provisions of the Veterans' Prefer- separated in a reduction in force should
ence Act of 1944 (Public Law 359, 78th not be made to feel that their work has
Congress, 2nd Session),' the following been unsatisfactory.
regulations are promulgated to govern
(C) When it can be seen that a re-
reductions in force in the civilian service duction in force seems to be necessary,
in all departments in the executive this fact should be made known to work-
branch of the Federal Government.
ers in each group where there is a sur-
Nothing in these regulations is intended plus, to give them an opportunity to
to apply to any position or appointment take up the slack by voluntary resigna-
which is required to be confirmed by, or tions or transfers. At the same time,
made with, the advice and consent of shifts in personnel should be planned
the United States Senate, or to any ap- which will enable the organization to
pointment made personally by the Presi- work on the reduced basis. Frankness
dent of the United States without con- in dealing with employees will avoid
firmation by the Senate.
many controversies later.
Sec. 102. Policy.-It is the duty of
(a) All plans should provide for the
every administrator to curtail his work- return of members of the working force
ing force whenever he has a surplus of who are absent on furlough in the mili-
employees. Reduction-in-force regula- tary services or in the Merchant Marine,
tions do not make this task easier þut and employees transferred with reem
they help to give proper weight to the ploynrent rights to other departments
different factors which must be consid- where their services are more vital to
ered. These regulations were prepared the war effort. Many of these employees
with a great deal of care and are issued will return to claim their former posi-
with the hope that they provide an an- tions and there should be no delay in re-
swer to most of the problems that will storing those with proper claims.
(e) When involuntary separations
1 For the text of this act, see page 10.
Section 12 of the act is particularly con-
are necessary in order to reduce the
cerned with reductions in force.
working force, those with the least
*
(August 10, 1944)
185.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
claims to retention should be separated definitions are given for the words,
first in any group where there is a sur- terms, and phrases listed below:
plus of workers. Career employees (a) Reduction in force means the in-
should not be separated as long as any voluntary separation from the rolls of a
employees who are not in the career department, or furlough in excess of
service are retained in positions which 90 days, of one or more employees in
the career employees can fill.
order to reduce personnel. Reduction
(f) Congress has specified that em- of personnel may have to be made be-
ployees who have risked their lives by cause of lack of funds, personnel ceil-
serving their country in the military ings, reorganization, decrease of work,
services, the widows of veterans, and the to make a position available for a for-
wives of disabled veterans, must be mer employee with established reeni-
given preference for retention in civilian ployment or restoration rights, or for
positions, whenever there is a reduction other reasons.
in force.
(0) Career employee means:
(9) More outstanding employees must (1) The occupant of a position which
be preferred for retention over em is in the classified (competitive) serv-
ployees who are not so outstanding, in a ice who has a classified (competitive)
reduction in force.
civil service status, unless he is serving
(1) Those who have served faithfully under an appointment limited to one
for long periods of years should have year or less. For the purpose of these
preference over those who have served regulations, recalled annuitants, em-
for shorter periods of time, in a reduc-ployees continued beyond the involun-
tion in force.
tary retirement age, and employees ap-
(i) The foregoing rules can be ap- pointed on a when-actually-e oyed
plied only when the area of competition (WAE) basis (see sec. 401), are not
is broad enough to permit interchange considered as career employees.
of personnel to protect career workers, (2) The occupant of a position which
to safeguard veteran preference, to keep is excepted from the classified (compet-
the best workers, and to give proper itive) service who has the maximum
consideration to seniority.
permanency of tenure, not conditioned
(j) Employees who are in danger of upon the war period or other circum-
losing their positions in a reduction in stances, attainable in his agency.
force should have as much notice as (c) Transitory employee means:
possible and should be fully informed as (1) The occupant of a position which
to the reasons why they were selected is in the classified (competitive) service
for separation while others are re- who does not have a classified (com-
tained. Frankness in dealing with em- petitive) status but who is serving un-
ployees is always a good policy. der an indefinite, probational, or trial-
(k) There must be an opportunity period appointment. This includes
for employees who feel that their rights status quo employees and war service
have been violated to have appeals con- appointees, unless otherwise specified.
sidered by an impartial department. However, the term does not apply to em-
The Civil Service Commission has been ployees whose appointments are limited
designated as the agency to consider to one year or less, to recalled annui-
such appeals.
tants, to employees continued beyond
Sec. 103. Definitions.—For the pur- the involuntary retirement age, or to
pose of these regulations, the following employees appointed on a when-actu-
.
!
(August 10, 1944)
NOTES ON SEPARATIONS AND TERMINATION OF ACTIVE SERVICE 185.02
or
are:
*
ally-employed (WAE) basis; for these who have served on active duty in any
special cases see sec. 401.
branch of the armed forces of the United
(2) The occupant of a position which States during any war or in any cam-
is excepted from the classified (competi-paign or expedition (for which a cam-
tive) service who is serving under an paign badge has been authorized), and
appointment not limited to one year or have been separated therefrom under
less, but whose appointment is condi- honorable conditions ;" and
tioned upon the war period or other cir- (5) those who on the date upon which
cumstances.
the Veterans' Preference Act of 1944
(d) Temporary employee means an (Public Law 359, 78th Congress, 2nd
employee who is serving under an ap- Session) became effective (June 27,
pointment limited to a specific period 1944), were entitled to veteran prefer-
of one year or less, regardless of whether ence and were in Federal employment or
he may have a classified (competitive) on an eligible register of the Civil Serv-
civil service status as a result of prior ice Commission or other department au-
service.
thorized to compile eligible registers.?
(e) Veteran preference employee
(f) Restoration reemployment
means an employee entitled to veteran rights means the legal right of an em-
preference under the Veterans' Prefer-
ence Act of 1944 (Public Law 359, 78th 2 Preference under the regulations in effect
Congress, 2nd session). Such persons prior to June 27, 1944, is retained so long
as there is no break in service (departmental
circular No. 493, July 3, 1944).
“(1) those ex-service men and wom-
Under the regulations in force prior to
en who have served on active duty June 27, 1944, preference in reduction in
in any branch of the armed forces of force was granted to persons (whether they
the United States and have been sep-
served in peace-time or wartime) who were
separated from an active status in the armed
arated therefrom under honorable con- forces under honorable or satisfactory con-
ditions and who have established the ditions; to the widows of persons so sep-
present existence of a service-connect- arated; to the wives of persons so separated
ed disability or who are receiving com- who, because of service-connected disability
or who were over 55 years of age and because
pensation, disability retirement benefits, of disability, were themselves not qualified
or pension by reason of public laws ad- for appointment but whose wives were so
ministered by the Veterans' Adminis- qualified. (For interpretations as to the
tration, the War Department, or the extent of these classes, see the Commission's
Form 1481, "Veteran Preference”, June 1938
Navy Department;
edition.) In addition, the act of August 15,
“(2) the wives of such service-con- 1876 (19 Stat. 169; 5 U. S. C. 1940 ed. 37),
nected disabled ex-service men as have which applied only to reductions in force
themselves been unable to qualify for and not to reductions in rank or salary (27
Op. Atty. Gen. 490, July 28, 1909), pro-
any civil service appointment;
vided preference for orphans of deceased
“(3) the unmarried widows of de- soldiers and sailors as against nonpreference
ceased ex-service men who served on ac- persons equally qualified. For the purposes
tive duty in any branch of the armed of this act, the word “orphans” was
strued as meaning minor children bereft of
forces of the United States during any both parents, and orphanhood was consid-
war or in any campaign or expedition ered to cease at the age of 21 years, or upon
(for which a campaign badge has been marriage, whichever was earlier (Commis-
authorized), and who were separated sion's minute 2 of August 26, 1939).
As to preference based on service in the
therefrom under honorable conditions ; armed forces of nations allied with the
“(4) those ex-service men and women United States, see page 78.
CON-
(August 10, 1944)
186 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
*
ployee to be restored to or reemployed ponsibility of heads of departments and
in his prior position or a position of governmental entities always to be alert
like seniority, status, and pay, or sim- to evidences of overstaffing, diminishing
ilar rights granted under published reg- work loads, appropriation and allotment
ulations.
restrictions, and other indications that
(9) Department means an executive reductions in force may be necessary.
department, parent organization, inde- Wherever possible, they should take
pendent establishment, government- remedial action which will avoid the
owned or government-controlled cor- more drastic action of making a reduc-
poration of the Federal Government, the tion in force. Some of the measures
municipal government of the District of which are effective in avoiding reduc-
Columbia, or any other such organiza- tions in force are restrictions on new
tion or separate governmental agency of appointments, shifting of personnel to
the executive branch of the Federal meet changes in work loads, and en-
Government created by act of Congress couraging employees whose services can
or Executive order.
be spared to seek transfers. Represent-
(1) Governmental entity means anatives of the Civil Service Commission
executive department, bureau of an ex- will cooperate in these activities.
ecutive department, parent organiza- SEC. 202. Use of transfer processes.-
tion, constituent agency, independent Many employees in groups where there
establishment, entire field installation, is a surplus of workers may be shifted
regional office, or field station, a depart-to other work assignments where their
ment of the municipal government of the services are needed, in the same de-
District of Columbia, or any other such partment, or in other departments.
organization or separate governmental Personnel officers in each department
agency of the Federal Government are expected to arrange transfers for
created by act of Congress or Executive the benefit of these employees whenever
order.
this can be done within the department.
(i) Competitive level means all po- Representatives of the Commission both
sitions allocated to the same class, serv- in Washington and in the field will work
ice, and grade, and all positions of the with designated representatives of each
same grade (although designated by dif- department in transferring employees
ferent titles) that are sufficiently alike who are declared available to other de-
for interchange of personnel to be partments wherever their services are
feasible.
needed and they can be utilized effec-
(j) Occupational group means all un- tively by other departments. Special ef-
graded positions at the same level in the forts must be made to retransfer to their
same trade or occupation (for example: former positions all employees trans-
in the trade of Electrician, at the level ferred under War Service Regulations to
of Helper, at the level of Journeyman, positions where their services were more
etc.) although there may be two or more vital to the war effort, who are no long-
rates of pay in such occupational level.
er needed in the positions to which
Part II-Advance Planning
transferred."
SECTION 201. Preventive measures.-
4 As to transfer procedure, see war-service
In the public interest and in the in- regulation IX (pages 31 to 39) and notes
terest of employees, it is the distinct re- on pages 148 to 156. Transfers of em-
ployees slated for separation because of re-
8 See pages 136 to 147.
duction in force will, in general, be effected
(August 10, 1944)
NOTES ON SEPARATIONS AND TERMINATION OF ACTIVE SERVICE 186.01
*
Seo. 203. Completion of employee rec- many employees who have had military
ords.-Departments shall take immedi- service but have not filed a claim for vet-
ate steps to complete all records of em- eran preference. Departments are urged
ployees which do not fully indicate their to circularize their employees in order to
status, veteran preference, or entire Fed- locate those who have had military sery-
eral employment. After a careful exam- ice but have not been granted veteran
ination of the personnel records in the preference. Every such employee should
department, including Form 2806, in- be urged to submit proof of separation
quiries may have to be made of the Civil from active service in the armed forces
Service Commission concerning doubtful of the United States to his personnel offi-
cases. No inquiry should be made con- cer. For reduction-in-force purposes,
cerning those about whom there is com- and no other, the Commission hereby au-
plete information. For example, no in- thorizes personnel officers to record vet-
quiry need be made about a war-service eran preference on the personnel records
appointee who had no prior Federal of employees who present proof of hon-
service and no military service; he is orable separation from last military
clearly without a classified (competitive) service (see Section 103 (e)). Proof
civil service status or veteran prefer- other than the certificate of honorable
ence, and his length of service is shown discharge or the certificate of satisfaa
in the department's records. It would tory service, and all claims of wives and
be impractical for the Commission to widows of veterans, should be forwarded
check the status, veteran preference or to the Commission's central office or the
service of all employees of every depart-appropriate regional office with the em-
ment. Therefore, it is necessary that ployee's claim to preference (Form 14)
careful screening be done so that re | for official action. (Claims may be sub-
quests for additional information will mitted to branch offices, representatives
be limited to cases in which items are of regional offices and rating boards of
missing from the department's records. the Commission who have authority to
In the interest of avoiding a last-minute handle the majority of preference
rush, departments are urged to begin claims.)
now to examine the records of their em- Verification of classified (competi-
ployees.
tive) civil service status and length
Department records no doubt show of service will be facilitated if the fol-
that veteran preference has been granted lowing groupings are made: (a) those
in many cases. However, there may be who clearly have a classified civil serv-
under section 2 (b) of war-service regula- ice status but whose records of service
tion IX, but in specific cases where, because are incomplete; (b) those who clearly
of the circumstances involved, reemploy-
ment rights are found to be in order, trans- do not have a classified civil service
fer will be effected under section 2 (a) of war- status but whose records of service are
service regulation IX (Commission's minute incomplete; (c) those whose status is
1 of August 10, 1943).
5 At one time the Commission granted pref- unknown but whose records of service
erence on the basis of service in the armed are complete; and (d) those whose rec-
forces of nations allied with the United States ords are incomplete as to status and
during the first World War, but this practice
was later discontinued and the preference pre-
service.
viously granted was withdrawn.
Persons
Departments desiring to obtain infor-
who were granted preference on this basis are maticn from the Civil Service Commis-
not entitled to preference in reduction
force (based on Commission's minute 1 of sion regarding employees' status, vet-
February 10, 1936).
eran preference, and service shall use
*
of
1
.
(August 10, 1944)
186.02 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
*
Standard Form 66, which is available Sec. 204. Determination of restora-
at the Government Printing Office and tion, reemployment
and
retention
may be procured from that office in the rights - Statutory.-Certain employees
usual manner. The department will who left positions other than temporary
complete Section A of this form, check to serve in the armed forces or Merchant
the items requested, supply the name Marine and who are returning to civil-
and birth date of the employee con- ian employment have statutory rights
cerned, enter service if verification is to return to the government service.
needed, and forward the form to the They must have been members of land
Civil Service Commission, Service Rec-or naval reserve components ordered
ord Division, Washington 25, D. C. The into active duty before May 1, 1940, or
question concerning veteran preference must have been in active military sery-
should be checked only when military ice after that date. Employees who
service is shown unless wife or widow entered the Merchant Marine after May
preference is claimed. The Civil Service 1, 1940, also have statutory rights to
Commission will complete Section B in restoration. Under existing policy,
accordance with the information re- these employees must be considered first
quested and return the form to the de- for assignment to positions to which
partment. Verification by the Commis- they would have been promoted or for
sion of service claimed by employees restoration to the positions they left.
will hereafter be limited to that shown railing that, they are entitled to re-
in the Commission's records. Requests employment in positions of like senior-
for verification (Form 66) need no ity, status, and pay. The statutory
longer be submitted in duplicate. In right to return includes the right to be
any case in which the Commission is retained in the service for one year from
unable to verify service from its records the date of restoration to duty, unless
it will be the responsibility of the de- discharged for cause.
SEC. 205. Determination of restoration
partment to obtain verification from the
and reemployment rights--Under regu-
department in which the unverified sery-
ice is claimed. In such cases it is re- lations.-By regulations, certain em-
quested that the verification be obtained ployees who transferred from nontem-
in duplicate and that one copy be for- porary positions to private industry or
between departments where their serv-
warded to the Commission, attention
ices were determined to be more vital
Service Record Division, for incorpora- to the war effort were given rights to
tion into the employee's service record. return to their former positions, or to
For reduction-in-force purposes, where
positions similar as to seniority, status
no service prior to March 16, 1942 is and pay, at the same location in the
claimed, except military service, de-
same department."
partments may rely on statements by
SEC. 206. Determination of restora-
employees when supported by affidavit. tion, reemployment
and retention
Departments shall also make certain rights—Priorities.—Restoration and re-
that their records of employees clearly employment rights of returning veter-
indicate the present and former em- ans and merchant seamen and those en-
ployees who have restoration or reem-
ployment rights in the department and
• As to tbese reemployment rights, see notes
on pages 136 to 145.
the employees who have restoration
For these regulations, and notes thereon,
rights in other departments.
see pages 31 to 30 and 146 to 147.
(August 10, 1944)
NOTES ON SEPARATIONS AND TERMINATION OF ACTIVE SERVICE 186.03
*
titled by regulation to reemployment incumbent from the service. Retention
may conflict with each other and will of any displaced incumbent in the de-
conflict with the rights of other employ-partment will then depend upon the pos-
ees. These conflicts must be resolved sibilities of placement in other positions
in deciding which position is to be filled or upon the order of selection estab-
by a returning employee, in deciding lished in these regulations governing
what assignments are to be made as a reduction in force. The so-called “tag-
matter of placement, transfer, or pro- | ging" of positions, which has been fol-
motion, and in deciding whether a re- lowed in some departments, may also
duction in
in force
force is necessary. In identify a specific position to which an
resolving the conflicts, : the following employee with restoration or reemploy-
order of priority shall be recognized, ment rights may be returned.
those in higher priority groups having Sec. 207. Clearance of plans of com-
superior rights to those in any lower petitive areas for future use. -Depart-
priority groups:
ments shall give immediate consider-
(a) Career employees with statutory ation to the governmental entities which
restoration, reemployment, or retention are the minimum areas of competition
rights. Priority for this group extends for reductions in force. If there is doubt
for one year from the date of restora- as to the size and scope of these govern-
tion. Within the group, those who mental entities, or if it is desired to
served in the armed forces have priority establish smaller areas of competition
over those who served in the Merchant as a standard practice for reductions in
Marine.
force, departments shall submit pro-
(0) Transitory employees (not in- posed plans of such competitive areas
cluding war-service appointees) with within sixty days after the issuance of
statutory restoration, reemployment, or these regulations, to the central office of
retention rights. Priority for this group the Civil Service Commission, for the
extends for one year from the date of attention of the Personnel Classification
restoration. Within the group, those Division. When approved, subsequent
who served in the armed forces have clearance with the Commission will not
priority over those who served in the be necessary unless (1) a proposed com-
Merchant Marine.
petitive area does not conform to the
(c) Career employees who have vet- plan, (2) department reorganization has
affected the plan, or (3) the facts upon
eran preference, other than those in which the plan was originally based
group (a).
differ from the facts at the time of the
(d) Career employees who do not
reduction in force.
have veteran preference.
(e) Transitory employees who have Part III–Activities in Preparing
veteran preference, other than those in
for a Reduction in Force
group (0).
SECTION 301. Preliminary decisions.--
(f) Transitory employees who do not consideration of the factors motivating
have veteran preference.
a reduction in force necessarily is an
The rights of competing employees, administrative responsibility of the de-
having been determined according to the partment concerned. Such factors in-
above priority groups, establish the clude nature and location of function
position which a particular employee to be curtailed, number of personnel to
shall occupy. This does not necessarily be released, nature and extent of any re-
result in the separation of a displaced organization and related subjects.
(August 10, 1944)
186.04 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
*
SEC. 302. Determination of competitive service, shall be submitted to the Per-
-When it is administratively de- sonnel Classification Division of the
termined that a reduction in force must | Commission's central office for clearance
be effected, it becomes the duty of the and approval. Outside the Washington,
department to establish, in accordance D. O., area, such questions shall be sub-
with these regulations, the area within mitted to the appropriate regional office
which the mechanics of the reduction of the Commission, whether the posi-
procedure shall operate and have uni- tions are field or departmental, except
form application. The area over which that when a plan of competitive areas
the reduction-in-force procedure is to for the department has been cleared in
apply and operate should be a govern- adrance with the central office of the
mental entity as defined in Section 103 Commission, questions concerning them
(h) of these regulations. No reduction shall be referred through administrative
in force affecting career or transitory channels to the central office.
employees shall be made in any smaller Sec. 303. Determination of competitive
area without obtaining prior approval level or occupational group.-Within the
from the central office of the Civil Serv-determined competitive area, there shall
ice Commission in the Washington, be further determined the competitive
D. C., area, or from the appropriate re- level or occupational group in which the
gional office of the Commission outside contemplated reduction in force is to
the Washington, D. C., area. Approval be made. If the reduction in force is
by the Commission of any proposed to be made in more than one level or
smaller area will be given if the area group, each level or group shall be
is large enough to prevent the loss of treated separately.
highly efficient employees, to allow true Each employee whose oflicial position
competition to exist, and to require the is in such competitive level or occupa-
retention of career employees and em- tion group shall be considered in com-
ployees entitled to veteran preference. petition for reduction-in-force purposes,
In approving or disapproving any such whether he is in a duty or leave status,
smaller area, consideration will be given pay or nonpay status, or actually en-
to whether any employees of the com-gaged on work in another department,
petitive level or occupational group to another competitive area, or in another
be affected are outside the area, whether competitive level or occupational group;
the area has independence of operation, except that there shall be excluded the
work functions, and personnel adminis- names of persons in the active military
tration (although policies may be estab- service of the United States or in the
lished in higher department levels), Merchant Marine, persons on furlough
whether the staff of the area is sep-to private industry or public enterprise
arately organized and clearly distin- under provisions of section 4, War Serv-
guishable from other areas of the gov- ice Regulation IX, persons on terminal
ernmental entity, and whether it is geo- leare, and persons regarding whom ac-
graphically situated within local com- tion to be taken has been determined
muting distance of other areas of the as a result of prior reduction in force.
governmental entity.
Sec. 304. Determination of veteran
Questions concerning competitive preference.--Employees entitled to vet-
areas for reduction-in-force purposes in eran preference are those included in
the Washington, D. C., area, whether Section 103 (e) of these regulations. It
the positions are field or departmental | is incumbent upon the department to
*
t
(August 10, 1944)
NOTES ON SEPARATIONS AND TERMINATION OF ACTIVE SERVICE
187
em-
*
ascertain which among the employees | tion in force is anticipated shall be
affected are entitled to veteran prefer- made known to employees generally in
ence.
Such preference accorded in the competitive areas likely to be affected.
department will not be questioned by Such general information should be
the Commission unless challenged by given as soon as a department has rea-
employees adversely affected.
son to anticipate a curtailment of per-
SEC. 305. Determination of length of sonnel, with a suggestion that
service. The length of service shall be ployees interested in finding other em-
the total of all periods of service that ployment will be given all possible as.
are eligible for consideration for civil sistance. Statements of availability
service retirement purposes, without re- and releases should be furnished to any
gard to whether the employee is eligi- employees requesting them.
ble or will be eligible, actually to receive Sec. 308. Special provisions relating
retirement benefits. This service in- to consolidations and mergers.—Before
cludes active military service, whether any reduction in force is made as the
or not veteran preference is given there result of the transfer of any or all of the
for. Total service shall consist only functions of one department to another
of full years of creditable service; how- continuing department, all preference
ever, fractions of a year shall be con- employees, all permanent or indefinite
sidered in arriving at the total.' employees serving their first year after
SEC. 306. Reassignment of career em- restoration following war service in the
ployees to permanent positions.—Before Merchant Marine, and all other career
any formal application of the reduction employees who are qualified to perform
in-force procedures, each career em- the duties of any noncareer employee
ployee in a competitive area in which a in the continuing department shall be
reduction in force is necessary, who has transferred to such continuing depart-
been transferred or promoted in the de- ment.?
partment on a temporary or war-service
basis and whose services in his present
Part IV-Reduction-in-Force
assignment are no longer necessary,
Procedure
shall be transferred to a position that is SEC, 401. Terminations at administra-
to be continued, at the same geographi- tive discretion. Because of the type of
cal location wherever possible, with their appointments, certain employees
seniority, status and pay at least equal may be separated at administrative dis-
to that of the permanent position from cretion, within certain limits. Accord-
which transferred on a temporary or ingly, temporary employees, when-actu-
war-service basis (see section 414).
ally-employed (WAE) employees, annu-
SEC. 307. Informal notice to employ- itants who have been recalled from a re-
ees.-In order that employees may have tired status, and employees continued
an opportunity to make personal ad- beyond the involuntary retirement age
justments, information that a reduc- may be separated whenever their serv-
8 Length of service for part-time employees,
ices are no longer required. However,
when-actually-employed (WAE) employees, in separating the above types of em-
or those whose employment is irregular or in-
termittent, is computed on the basis of hours • In the case of preference employees, such
actually served and not on the basis of time transfer is also required by section 12 of the
during which such employees were carried Veterans' Preference Act of 1944 (see page
on the rolls (action of Commission, August 10.04) and section 12 of war-service regu-
5, 1044).
lation LX (page 89).
A
(August 10, 1944)
187.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
*
ployees to reduce personnel, they shall eration of veteran preference and re
be separated with thirty days' notice duction credits based on efficiency rat-
(see section 415) before any other em- ings and length of service with the Fed-
ployees, and in the following order: eral Government, including active mili-
(a) recalled annuitants and employ- tary service. The order of reduction in
ees continued beyond the involuntary force within each category shall be:
retirement age shall be the first to go, First, employees without veteran pref-
and then temporary and when-actually- erence who have "Fair" efficiency rat-
employed (WAE) employees;
ings, in ascending order of reduction
(0) employees without veteran pref- credits.
erence shall be separated before vet- Second, employees with veteran pref-
eran-preference employees serving un-erence who have “Fair" efficiency rat-
der similar types of appointment; ings, in ascending order of reduction
(c) subject to the foregoing, less efi- credits.
cient employees shall be separated be- Third, employees without veteran
fore more efficient employees;
preference who have efficiency ratings
(d) as between persons of equal of "Good" or better, in ascending order
preference and efficiency, length of serv- of reduction credits.
ice shall determine the order of sepa- And last, employees with veteran
ration.
preference who have efficiency ratings of
Sec. 402. Categories of competition.- “Good" or better, in ascending order of
Within each determined competitive lev- reduction credits.
el or occupational group in each deter- (a) Reduction credits shall be com-
mined competitive area, all employees puted by giving a numerical value of 80
referred to in Section 401 shall be sep- for a "Good” efficiency rating, 88 for a
arated first unless special or exceptional "Very Good” efficiency rating, and 96
circumstances warrant the retention of for an "Excellent" efficiency rating, and
particular employees. If any further adding one credit for each full year of
reduction in force is necessary, (a) service with the Federal Government,
transitory and (0) career employees including active military service. No
shall be considered in the order named. numerical value shall be given for a
These two categories shall constitute "Fair" efficiency rating, but reduction
separate and distinct categories of com- credits for length of service shall be
petition. Employees within each cate given as above.
gory shall be in competition only with (0) The efficiency rating used shall be
other employees in the same category. the current appropriate official rating. 10
Seasonal employees shall be considered In accordance with Section 5 of the Effi-
in competition only with other seasonal ciency Rating Manual (Civil Service
employees in the same line of work. Commission Form 3823, Revised)
Reduction in force within this group clarified by section 2 of Departmental
shall be effected in the order of cate-
gories above prescribed.
10 An oficial efficiency rating of "Unsatis-
factory" assigned to an employee who enters
SEC. 403. Sequence of selection the armed forces before proper action is
Where an efficiency rating system ap- taken, and who later returns to civilian duty,
proved by the Civil Service Commission shall not be considered an "appropriate cur-
is used.-Within each of the respective motion, separation, and reduction in force
rent official rating for the purposes of de-
categories, the sequence of selection for (departmental circular No. 486, June 6,
action shall be determined by consid- / 1944).
as
(August 10, 1944)
t
NOTES ON SEPARATIONS AND TERMINATION OF ACTIVE SERVICE 188
*
Circular No. 474 and by section 2 of the order of reduction in force within
Departmental Circular No. 486, special each category shall be determined upon
ratings shall be given to each employee the basis of ratings evaluated according
whose performance is evaluated under to the following efficiency rating defini-
the uniform efficiency rating system ap- tions:
proved by the Civil Service Commission "Fair"--performance that conforms
whenever such employee does not have generally to that reasonably required,
a current official efficiency rating based with certain deficient performance not
on performance in a position of the com-compensated by other outstanding per-
petitive level or occupational group in formance.
which the reduction in force is being "Good”-performance that conforms
made. If a reduction in force neces- generally to that reasonably required,
sitates the separation of all employees with deficient performance in any phases
in a category of competition, the making compensated by outstanding perform-
of special ratings for employees in such ance in other phases.
category is not required.
"Very Good”-performance that is dis-
(c). No credits shall be allowed for tinctly better than that reasonably re-
dependency, official conduct, or like fac- quired in at least half of the especially
tors. They shall be considered, how important phases, provided no deficient
ever, when two or more employees are performance is present in any phase.
tied for position in the order of reduc- "Excellent"-performance that is dis-
tion in force and one or more but not tinctly better than that reasonably re-
all employees so tied for position are to quired in all especially important
be reached for action. If they are still phases, provided no deficient perform-
tied, the date of entrance on duty shall ance is present in any phase.
be considered.11
Sec. 405. Sequence of selection-
Sec. 404. Sequence of selection- Where no efficiency rating system is
Where an efficiency rating system is used used or where the system used does not
under administrative authority and pro- provide evaluations comparable to ap-
vides evaluations comparable to ap- proved systems.”—The order of reduc-
proved systems.2—The procedure out- tion in force within each category
shall be:
lined in section 403 shall be followed.
Reduction credits shall be given, and
First, employees without veteran pref-
erence, in ascending order of length of
11 A letter of the President to the Commis-service.
sion, dated April 22, 1937, which is quoted in And then, employees with veteran
full on page 163, requires that consideration
be given to speculative activities of employees preference, in ascending order of length
in passing upon qualifications for retention.
of service.
12 The reduction-in-force regulations do not In computing length of service, one
require any agency to install the uniform effi- credit shall be given for each full year
ciency rating system approved by the Com- of service with the Federal Government,
mission in any case where the uniform efi-
ciency-rating system is not already required including military service.
by law or regulations. If a department vol- SEC. 406. Sequence of selection-Ex-
untarily decides to install the uniform Comceptions, statutory retention rights.-
mission-approved efficiency rating system for
general use, that is, for all appropriate pur-
Whenever a restored employee having
poses, then it may use the efficiency ratings the statutory retention rights indicated
in a reduction in force. Departments should in section 204 hereof is reached for ac-
not assign efficiency ratings solely for reduc-
tion-in-force purposes (action of Commission, tion in a reduction in force which is to
August 5, 1944).
become effective within one year from
604310°-44----
(August 10, 1944)
188.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
*
the date of his restoration to service, he tions: If the position of an employee is
shall be retained in preference to em- not to be abolished and its duties cannot
ployees who are higher in sequence of be satisfactorily performed by any avail-
selection but who are in a lower priority able employee higher in the sequence of
group as indicated in section 206 hereof. selection after a reasonable training pe-
SEC. 407. Sequence of selection-Ex- riod, he may be retained in preference
ceptions, special cases.-Except as pro- to such employee. In such case, a brief
vided in section 406 hereof, no employee statement of the facts must be made in
shall be retained in preference to an em- the "Remarks" column on the reduction-
ployee higher in the sequence of selec- in-force list for consideration in con-
tion except under the following condi- nection with postaudits and appeals.
(August 10, 1944)
NOTES ON SEPARATIONS AND TERMINATION OF ACTIVE SERVICE 189
Sec. 408. Preparation of reduction-in-1 or shop title is different from the class
force list-Requirements.-A reduction or occupational title shown in the head-
in-force list shall be prepared in tripli- ing.
cate for each determined competitive (d) Salary rate. (Basic rate, ex-
level or occupational group in each de- cluding overtime.)
termined competitive area in which a re- (e) Veteran preference. (Enter the
duction in force affecting transitory word “Yes” where applicable. No entry
and career employees is to be made. It need be made for employees not entitled
shall list all employees in categories (a) to veteran preference.)
transitory employees, and (6) career (f) Efficiency rating. ("E" for Ex-
employees, as provided in Section 402 cellent, “VG” for Very Good, "G" for
above, in the order in which action is to Good, “F” for Fair.)
be taken. The categories shall be (9) Service (years). (Total of cred-
arranged on the list in descending or- itable service, including active military
der; that is, the category of career em- service.)
ployees at the top and the category of (h) Reduction credits.
transitory employees at the bottom. (i) Action. (Enter the letter "S"
However, if only employees in category if the employee is to be separated, "F"
(a) are affected, the names of employees if the employee is to be furloughed, and
in category (0) need not be listed. The “D” if employee is to be demoted to a
names of employees shall be so arranged position of lower competitive level or
that those first to be reached for action occupational group. If the employee is
shall be at the bottom of the list. The to be retained in preference to other
list shall not contain the names of em- employees, enter an asterisk. To in-
ployees separated in accordance with dicate any other type of action, use any
section 401, “Terminations at Adminis- convenient symbol, and explain it on
trative Discretion”; but if any em- the form.)
ployees subject to such termination are (j) Remarks. (Enter brief explana-
retained under special circumstances tions or references to footnotes or sep-
warranting such retention and action is arate memoranda, regarding basis for
to be taken on employees in categories breaking ties, retention in preference
(a) or (b), their names and the reasons to employees higher on the list, special
for the retention shall be reported to the efficiency ratings, or any other matters
Civil Service Commission at the time the which should be clarified.)
list is submitted.
The names of recalled annuitants,
SEC. 409. Preparation of reduction-in- employees continued beyond the involun-
force list-Itemized information.--The tary retirement age, temporary em-
list shall contain:
ployees, when-actually-employed (WAE)
(a) The heading. This shall show employees, shall not be listed, but if any
(1) the occupational or class title, (2) such employees are being retained their
the department, and (3) the competitive names must be shown at the bottom of
area and its address.
the list with explanations as to the
(6) Name of employee. (List names reasons for their retention.
in the order in which action is to be SEC. 410. Reduction - in - force certifi-
taken, placing at the bottom of the list cate.-The reduction-in-force list shall
the name of the .employee first to be bear substantially the following certifi-
reached for action.)
cate by the head of the department or
(c) Position title. This should be some person authorized to act for him:
shown only where the customary office "I certify that I have complied with
*
(August 10, 1944)
189.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
*
all the provisions of regulations gov- out the prior approval of the Commis-
erning reductions in force and that the sion, but they will be subject to a post-
foregoing list contains all of the infor-audit, in the Commission's discretion,
mation required by such regulations. and they will be subject to appeal to the
“The actions indicated in the list sub-Commission by any transitory or career
mitted herewith will be effective upon employee or by any employee subject to
the expiration of accrued leave after termination at administrative discre
the last day of active duty, which will tion who feels that his rights under vet-
be
19_-, unless otherwise eran preference laws have been violated.
indicated. The employees affected were Any department desiring to do so may
notified of the action to be taken in their request the Commission to preaudit the
19._.
reduction in force and approve the ac-
tions proposed thereunder. In so far
(Date)
as possible, and upon request, the Com-
(Signed)
mission will assist departments in plan-
Actions may be made effective on the ning a reduction in force to insure com-
date indicated in the certificate with-1 pliance with these regulations.
cases on
(August 10, 1944)
NOTES ON SEPARATIONS AND TERMINATION OF ACTIVE SERVICE 190
Sec. 411. Reduction-in-force actions, the list order in which the employees
Separations and demotions.-Where the were furloughed. Employees who are
reduction in force is permanent, as near- not recalled to duty within the furlough
ly as can reasonably be determined ad period shall be separated from the serv-
ministratively, the affected employees ice.
shall be separated unless they have res- SEC. 413. Reduction-in-force actions-
toration rights to lower-grade positions Exceptions, statutory retention.—When-
or unless there is an administrative pol- ever a restored employee having the
icy to demote employees in higher-grade statutory retention rights indicated in
positions to lower-grade positions, in section 204 hereof is reached for action
either of which cases they may be de- in a reduction in force which is to be-
moted. If demotions and separations come effective within one year from the
are to be made in a particular competi- date of his restoration to service, he
tive level or occupational group, selec- shall be placed in some other position
tions of those to be demoted in lieu of of like seniority, status, and pay else-
separation shall be determined in ac- where in the department if his position
cordance with the priorities indicated is being abolished or if he cannot be
in section 206 hereof. Employees who retained in preference to employees
are separated shall be furnished state- higher in sequence of selection as pro-
ments of availability.
vided in section 406 hereof.
SEC. 412. Reduction-in-force actions- SEC. 414. Reduction-in-force actions
Furloughs.--Employees may be fur- Exceptions, career employees.-When-
loughed in excess of 90 days if the re-ever it is finally determined in a reduc-
duction is the result of a temporary con- tion in force that a career employee
dition that will exist for less than one reached for action is to be separated
year. Employees placed on furlough from the rolls or furloughed in excess of
shall be furnished statements of avail- 90 days, and there is within the depart-
ability. Where tenure is limited by the ment at the same geographical loca-
type of appointment, the furlough period tion a position not occupied by a career
shall not exceed the unexpired portion employee which the career employee so
of the period of appointment and in no reached is qualified to fill, the career
case shall the furlough period exceed employee so reached shall be transferred
one year. In the event that vacancies or assigned to such position.
are to be filled in positions of the com- Retention on the rolls of the depart-
petitive level or occupational group and ment of an employee who is displaced
competitive area from which employees by a career employee will then depend
have been furloughed, the furloughed upon the possibilities of placement in
employees shall be given opportunity to other positions, or upon the sequence
return to duty before any original ap- of selection established in these regula-
pointments are made to such positions. tions governing reduction in force.
SEC. 415. Reduction-in-force actions
The order in which offers of recall to
duty are made shall be the reverse of affected by a reduction in force shall be
Notice to employees. Each employee
18 To be acceptable for this purpose, such given individual notice in writing at
an administrative policy must be applied uni-/ least 30 days before the action becomes
formly among the employees whom it pur-effective. Wherever possible, this notice
ports to cover; it must not be invoked in the shall be given 30 days before the em-
case of one employee in the group and disre-
garded in the case of another" (action of ployee is relieved from active duty, and
Commission, August 5, 1944).
the employee shall be continued in a
*
(August 10, 1944)
190.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
*
pay status until his accrued annual without 30 days' notice in advance of
leave is exhausted. Where there is in- such separation. Besides specifying the
sufficient work to continue the employee nature of the action and the date of
in an active-duty status for 30 days, he termination of active duty, the notice
shall have the greatest notice possible shall inform the employee of:
before he is relieved from active duty, (a) his right to be continued in a pay
and shall thereafter be carried in a pay status until. accrued leave is exhausted.
status until his accrued leave is ex- (b) the proper office or official of the
hausted. If the period of active duty organization through which the em-
after notice is given and the period of ployee may examine a copy of these reg-
accrued leave total less than 30 days, the ulations and inspect the reduction-in-
employee shall be carried in a nonpay force list and records."
status for the remainder of the 30-day
14 As to employees' rights to Information
period. In no case shall an employee be about their own efficiency ratings and those
taken off the rolls in a reduction in force of other employees, see notes on page 404.
(August 10, 1944)
NOTES ON SEPARATIONS AND TERMINATION OF ACTIVE SERVICE 191
*
(c) his right to appeal the proposed they believe to be in violation of these
action to the Civil Service Commission regulations. In order that they may be
(Washington employees to the Central informed of the facts on which action is
Office and others to the appropriate re-based they shall have the right to ex-
gional office) within 10 days from the amine a copy of these regulations and to
receipt of the notice, and
inspect the records and the reduction-in-
(d) any restoration or reemploy- force list on which their names appear.
ment-list rights he may have, and the No appeal will be entertained by the
channels (departmental and field) Civil Service Commission from employ-
through which the employee may apply ees who are subject to termination at
for other government employment. administrative discretion except in
Sec. 416. Submission of reduction-in-cases of specific allegations of violation
force list to the Civil Service Commis- of veteran preference requirements.
sion.-As soon as employees are notified Sec. 502. Appeals.-Any transitory or
of the proposed action, and within the career employee who feels that his rights
10-day period allowed for the filing of under the veteran-preference laws, or
appeals, two signed copies of the reduc- under these regulations, have been vio-
tion-in-force list and the names and rea-lated and any employee subject to ter-
sons for retention of employees who are mination at administrative discretion
subject to termination at administrative who feels that his rights under veteran-
discretion and have not been so termi- preference laws have been violated, may
nated, shall be transmitted to the ap | appeal to the Civil Service Commission
propriate office of the Civil Service Com- (central office in the case of Washing-
mission (central office in the case of ton employees, and otherwise to the
employees stationed in Washington and appropriate regional office) within 10
vicinity, and regional office in the case days from the receipt of notice of the
of employees stationed outside of Wash- action to be taken. This time limit may
ington and vicinity).
be extended only upon a showing by the
Whenever a department finds it neces- employee that circumstances beyond his
sary to separate, demote or furlough control prevented him from filing his
employees whose names, with complete appeal within the prescribed 10 days.
information, have already appeared on Sec. 503. Resulting action after ap-
a reduction-in-force list that has been peal or postaudit.-Whenever the Civil
certified to the Commission during the Service Commission, as the result of a
same efficiency rating period in connec- postaudit or by a decision on the appeal
tion with action on other cases, it shall of an employee, disapproves the action
be necessary only for the department to taken under these regulations, the head
notify the Commission regarding such of the department shall cancel the notice
cases, referring to the list on which the of such action if the employee is still
names appear, and certifying as to the carried on the rolls in an active duty
notices to employees.
status, leave status, or nonpay status.
Where the employee is in a leave or non-
Part 7-Postaudits and Appeals
pay status, he shall be restored to active
Sec. 501. Rights of employees to in- duty.
spect reduction-in-force list and records (a) If the employee has been sep-
and to appeal action taken.-Employees arated from the rolls before the depart-
affected by a reduction in force are en- ment is advised of the disapproval of
titled to full compliance with these the action by the Civil Service Commis-
regulations, and to appeal to the Civil sion, the head of the department shall
Service Commission within 10 days of promptly restore the employee to the
receipt of notice of any action which / position from which separated.
{
!
(August 10, 1944)
192 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
1
the
reasons
*
(0) In the case of the disapproval of subject to periodic call from the Civil
a demotion, the employee shall be re- Service Commission.*
stored to the position from which he was If a more satisfactory placement
demoted.
within the department or agency cannot
(c) In the case of the disapproval of be effected as a result of an exit inter-
a furlough in excess of 90 days, restora- view, the Commission requests that the
tion to active duty shall take place as employee be sent to the Civil Service
follows: (1) if the furlough has been Commission for further interview not
in effect for 90 days--immediately; (2) later than the effective date of his resig-
if the furlough has not been in effect nation with a letter to the Commission
for his
for 90 days—within 91 days of the time setting forth
the employee entered a nonpay status.
resignation.
(d) If additional separations, demo-
Appointing officers in the field should
tions, or furloughs in excess of 90 days be instructed to exert every effort to-
are necessary as a result of disapproval in their own organization of employees
ward the more effective placement with-
of cases by the Commission, they shall
who contemplate resigning because of
be made in accordance with these re- dissatisfaction with working conditions
duction-in-force regulations.
(departmental circular No. 377, Septem-
With respect to reductions in force ber 30, 1942; supplement 1 thereto,
outside of the Washington, D. C., area, October 27, 1942; and supplement 3
the decision of the Commission's re thereto, March 21, 1944).* Such ap-
gional director is the decision of the pointing officers should send employees
Commission on appeals and postaudits. who are resigning to the regional office,
Part VI–Miscellaneous Information
a branch office, or a special representa-
tive when the resigning employee's post
Sec. 601. Civil Service Commission of duty is in the locality of the
points of contact.-Inquiries and cor- regional office, a branch office, or
respondence concerning reductions in special representative domiciled outside
force outside the Washington, D. C., the regional headquarters city. In
area, except matters involving an estab-
lished plan of competitive areas for the make a written report to the regional
other cases, appointing officers. should
department, shall be addressed to the
appropriate regional office of the Com- director of all the circumstances in the
case, and furnish a regular civil-service
mission.*
application form duly executed by the
RESIGNATION
resigning employee (action of Commis-
Exit interviews.—The Civil Service sion, October 29, 1942).
Commission endorses the recommenda- *Issuance of statement of availability
tion of the Council of Personnel Admin- upon resignation.-See notes on page
istration that all Government depart- 194.*
ments and agencies conduct exit inter-
Report of resignation to Commis-
views, record these interviews, submit sion.-See notes on page 207.
reports monthly to the Commission, and
Reemployment after resignation.-
take steps to consider the resignations
See notes on page 122.
of employees on an individual basis, in
an effort to make some satisfactory RELINQUISHMENT OF FEDERAL POSITION
placement within the department or
TO ACCEPT NON-FEDICRAL EMPLOYMENT
agency in cases in which resignation is
caused by dissatisfaction with working (NotB.-A8 to acceptance of private em-
conditions. Civil Service Commission
ployment without relinquishing Federal
position, see notes on page 441]
*Form 3964 may be used for record-
ing the results of each exit interview. Requirement of statements of avail.
The records of exit interviews will be l ability.-War Manpower Commission
а.
(August 10, 1944)
SCHEDULE B
B OF THE CIVIL SERVICE RULES
POSITIONS WHICH MAY BE FILLED UPON NONCOMPETITIVE
EXAMINATION 1
[As amended by Executive Order No. 9004, December 30, 1941)
The Civil Service Commission with the concurrence of the department or
agency concerned may revoke in whole or in part any paragraph of Schedule
A or B.'
Final decision as to whether the duties of any position in the executive civil
service are such that appointments thereto are authorized under any paragraph
of Schedule A or B shall rest with the Civil Service Commission."
I. INTERIOR DEPARTMENT
1. Any competitive position at an Indian school when filled by the wife of a
competitive employee of the school, when because of isolation or lack of quar-
ters, the Commission deems it in the interest of the service to have appointment
made upon noncompetitive examination.
2. Twelve field representatives to act as the immediate and confidential repre-
sentatives of the Commissioner of Indian Affairs, subject to such evidence of
qualifications as the Commission may prescribe after consultation with the
Commissioner of Indian Affairs.
3. Civilian Conservation Corps : Civilian field positions in Civilian Conservation
Corps camps at not to exceed a rate of $1,320 per annum, when filled by the
promotion of active enrollees.:
II. FEDERAL WORKS AGENCY
1. Administrative or custodial positions in the field service of the United
States Housing Authority' relating to the management or maintenance of Fed-
1 Preference in Schedule B examinations.-Preference to honorably discharged soldiers,
sailors, marines, etc., will be allowed in appointments based upon noncompetitive
examinations under Schedule B (Commission's minute 2 of September 28, 1920).
Temporary appointment pending appointment under Schedule B.-General authority has
been given for temporary appointment, not to exceed 30 days, if necessary in emerzencies,
with the distinct understanding that the department's proposal for the appointment under
Schedule B be submitted without delay. The report of temporary appointment made under
this authority should be submitted promptly by letter. to the Commission's central office.
The Commission has extended this general authority to 60 days in the case of tbe War
and Navy Departments, and has authorized the automatic extension of the temporary
appointment for a period of 30 days (making 90 days in all), without further authority
from the Commission, in cases where the War or Navy Department bas initiated the
request for authority for the Schedule B appointment on or before the date temporary
appointment is effective and action by the Commission is not completed within 60 days
(departmental circular No. 163, April 30, 1938; Commission's minute 8 of May 28, 1940, and
Commission's minute 3 of July 17, 1940).
*Requests for authorization of Schedule B appointments.-Authority to approve the quali-
fications of proposed candidates for appointment under Schedule B has not been delegated
to field officials of the Commission except in the case of appointments under Schedule
B-IV-3 in the War Department, for recruiting on the mainland and subsequent employ-
ment in Hawaii. Authority to approve appointments of the latter type has been dele-
gated to all regional directors, and they have been further authorized to delegate this
authority to their representatives on the mainland. All other Schedule B cases (including
all other Schedule B-IV-3 cases outside of War Department appointments in Hawaii) are
to be referred by the agencies to the central office of the Commission for prior approval of
qualifications (action of Commission, July 14, 1944).
Effect of employment-stabilization programs on recruitment for Schedule B positions.-See
page 49,
Reports to the Commission of Schedule B appointments. See page 204*
These paragraphs, which appeared near the end of Executive Order No. 9004, have been
transferred to the head of Schedule B for convenience in reference.
: The act of July 12, 1943 (57 Stat. 494), requires the liquidation of the Civilian
Conservation Corps not later than June 30, 1944.
* The United States Housing Authority has been transferred to the National Housing
Agency as the Federal Public Housing Authority by Executive Order 9070, February 24,
1942.
315
(August 10, 1944)
316 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
eral low-rent housing projects which, in the opinion of the Commission cannot be
filled satisfactorily through open competitive examinations; provided, that no
position shall be filled under tbis paragraph unless it is clearly demonstrated
that the best interests of the service will he served thereby.
III. DEPARTMENT OF COMMERCE
1. Not to exceed six specialists who may be employerl in the United States for
the purpose of promoting the foreign and domestic commerce of the United
States.
2. Revoked by Executive Order No. 9239, September 8, 1942.
IV. WAR DEPARTMENT
1. Positions of military storekeeper in the Signal Service at Large when filled
by retired noncommissioned officers of the Signal Corps.
2. Four positions of headquarters messenger at the headquarters of the
Philippine Department, when filled by honorably discharged enlisted men who
have been on duty at those headquarters.
3. Any person employed in an area outside the continental limits of the United
States (except the Canal Zone and Alaska), when in the opinion of the Secretary
of War the best interests of the service so require."
4. Classified positions in the field service of the War Department when filled
by the promotion of unclassified laborers appointed under the Labor Regulations,
subject to the approval of the Commission.
5. Civilian Conservation Corps: Civilian field positions in Civilian Conserva-
tion Corps camps at not to exceed a rate of $1,320. per annum, when filled by
the promotion of active enrollees.
6. Civilian Conservation Corps: Positions of subaltern in Civilian Conserva-
tion Corps camps when filled by the promotion of active enrollees who have
satisfactorily completed a prescribed course of instruction of the subaltern school.º
V. DISTRICT OF COLUMBIA
1. Surgeons of the police and fire departments of the District of Columbia.
VI. TREASURY DEPARTMENT
1. Classified positions in the field service of the Treasury Department, when
filled by the promotion of unclassified laborers appointed under the Labor
Regulations, subject to the approval of the Commission.
VII. STATE DEPARTMENT
1. Specialists in foreign relations, political, economic, and financial, whose
proposed compensation is $3,200 or more, and whose training and experience
along the lines of their proposed duties nieet the standard minimum qualifications
set up in open competitive examinations for positions in the professional service
for corresponding grades.
* The War Department bas been granted authority under this paragraph for the appoint-
ment * in the continental United States and preliminary training, not to exceed 90 days, of
persons for duty in the Hawaiian Islands, in connection with defense projects (Commission's
minute 3 of May 7, 1941). *As to procedure for submitting requests for authorization of
such appointments, see notes on page 315. Journal reports of appointments of this nature
should be routed to the Twelfth Civil Service Region, and should bear sufficient identifying
data to show which of the Commission's field offices approved the qualifications of the
person recruited (action of Commission, July 14, 1944).*
• The act of July 12, 194;3 (57 Stat. 494), requires the liquidation of the Civilian
Conservation Corps not later than June 30, 1944.
(August 10, 1944)
CLASSIFICATION UNDER THE “RAMSPECK ACT"
331
NOTES ON EXECUTIVE ORDER NO. 8743
M
REQUIREMENTS FOR CLASSIFICATION person who has been in a furlough or
*Date of appointment.-In order to leave-without-pay status in excess of
be eligible for classification under Exec- 30 days during the 6 months immedi-
utive Order No. 8743, the employee must ately prior to January 1, 1942, will not
have been appointed to a position be eligible to receive a classified status.
affected by the order not later than July
In computing the 8 months of service
1, 1941 (departmental circular No. 461, required for a classified status, there
December 28, 19.13). This ruling does will be credited all civilian service in
not apply to classifications under section any branch of the Federal Government,
1 of Executive Order No. 8833, section 2 including the legislative and judicial
of Executive Order No. 8939, section 2 | branches and all civilian service under
of Executive Order No. 8932, or section 2 | the government of the District of Co-
of Executive Order No. 9005; in those lunibia, provided that such service is
cases, the date on which the employee creditable under civil service rule IX
must have been an incumbent of the for reinstatement or under the Civil
position is set forth in the order itself. Service Retirement Act for retirement
As to the requirement of 6 months of purposes (departmental circular No.
service, see note below.*
291, November 24, 1941).
Status of employee on January 1, In determining whether employees
1942.-In order to be eligible to receive paid on a when-actually-employed basis
a classified status under section 2 (a) have met the six-months-of-service re-
of the act, the incumbent of any posi- quirement, only actual service will be
tion must be in an active duty status counted; periods during which they are
on January 1, 1942, the date his posi- merely available for duty, but do not
tion is covered into the classified serv- actually perform work, will not be ac-
ice. No person who is on furlough or credited for this purpose. Such an em-
leave without pay on January 1, 1942, ployee will be considered as having met
will be eligible to receive a classified the requirement if he has been in a pay
status (departmental circular No. 291, status during the entire daily tour of
November 24, 1941).
duty on every work day for a period
Previous designation of incumbent as totaling 5 months and falling entirely
"temporary.”—The fact that a nonclas- within the six months immediately prior
sified employee may have been desig- to the classification of his position.
nated as temporary will not necessarily Sundays would not be counted during
prevent his classification if he is occu- such five-month period because they are
pying a permanent position on January not workdays of the month (depart-
1, 1942, and if there has been no break mental circular No. 291, November 24,
in his service between July 1, 1941, and 1941).
January 1, 1942. In other words, such
Time limit on original recommenda-
employee will not be considered as dis- tion for classification.-Section 6 of Ex-
qualified for a classified civil service ecutive Order No. 8743 (see page 330)
status by reason of his having been provides a special time limit for recom-
carried ou the rolls as a “temporary mendations for the classification un-
employee" prior to January 1, 1942 (de-der the Ramspeck Act of persons who
partmental circular No. 291, Nov. 24, have left their positions to enter the
1941).
armed forces. With this exception,
Requirement of 6 months of service.- the time limit on the original recom-
The 6 months of service immediately mendation of an employee for classifi-
prior to the effective date of the clas- cation under the Ramspeck Act is De-
sification of the position required for cember 31, 1942, and determination as
eligibility for classification of the in- to whether this time limit has been met
cumbent will be construed as requiring | is governed by the date the recommen-
service in an active duty status. Aldation was received in the Commission's
(August 10, 1944)
332 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
office, rather than by the date it was rectly to the employee by registered mail
submitted by the department.
as soon as action is completed. Altered
No extension of time can be granted or mutilated certificates must be referred
for the original recommendation of an to the Immigration and Naturalization
employee for classification under the Service. Marriage certificates and birth
Ramspeck Act, since that act provides certificates sent to the Commission will
that recommendation must be submitted be returned to the employee by regular
within one year after the office or posi- mail. Affidavits regarding identity or
tion has been covered into the classified relationship will be retained as part of
civil service. Where the original rec- the classification file. It is unlawfnl to
ommendation for classification has been make copies of naturalization certifi-
submitted prior to January 1, 1943, cates.
either as an individual recommendation
The foregoing instructions are appli-
or by the inclusion of the individual's cable not only to classifications under
name on a list of persons proposed for Executive Order No. 8743, but also to
classification, requests for reopening or classifications under Executive Orders
amendment or additional forms or evi- Nos. 8744, 8833, 8939, 8952, and 9005
dence may be submitted to the Com- (departmental circular No. 291, supp. 2,
mission subsequent to January 1, 1943 December 30, 1941, and supp. 6, June 25,
(departmental circular No. 291, Novem- 1942; departmental circular No. 362,
ber 24, 1941; supplement 10 thereto, De- August 6, 1942).
cember 17, 1942; supplement 13 thereto, Members - of - family requirement.-
January 23, 1943; departmental circular Since the Ramspeck Act itself pre-
No. 364, August 10, 1942).
scribes the requirements which an em-
Citizenship requirement.-In order to ployee must meet in order to receive a
be eligible for classification under the classified status, failure to meet the re-
Ramspeck Act, an employee must be a quirements of section 9 of the Civil Serv-
citizen of the United States or of the ice Act regarding members of family
Commonwealth of the Philippines. Per- will not disqualify persons proposed for
sons who are recommended for a classi- classification under Executive Order No.
fied status and who are not citizens of 8743 (Commission's minute 1 of Febru-
the United States or of the Common- ary 20, 1943).
wealth of the Philippines will be re- Retention or reemployment of persons
quired to be separated from the service who fail to be classified under the Ram-
in the same manner as those who fail speck Act and related orders.-See notes
the noncompetitive examination. (Witb on page 210.
respect to reemployment of such persons
under the war-service regulations, see
CLASSIFICATION PROCEDURE UNDER
note on "Persons who fail to be classi-
EXECUTIVE ORDER NO. 8743
fied under the Ramspeck Act and related
Cases in which no action by the Com-
orders," page 210.)
mission is required.--No action by the
In the case of foreign-born employees Commission will be required with ref-
recommended for classification under the erence to employees occupying positions
Ramspeck Act, proof of citizenship sub- (other than positions subject to the
mitted to a department or agency by the regulations of the former Board of
employee being considered for classifi- Legal Examiners) on January 1, 1942,
cation must be forwarded to the Com- which are brought into the classified
mission. The Commission will give con- service on that date under the Ramspeck
sideration to any evidence relative to Act and Executive Order No. 8743 in the
citizenship which an employee or an following types of cases :
agency desires to present, but reserves (a) Employees appointed to unclassi-
the right to determine the conclusiveness fied or excepted positions in accordance
of the evidence submitted.
with the civil service rules who served
Unaltered or nonmutilated original continuously through January 1, 1942.
naturalization certificates submitted to This includes employees selected in regu-
the Commission will be returned di-l lar order and probationally appointed
CLASSIFICATION UNDER THE “RAMSPECK ACT”
335
entrance into the Government service Laborer positions are not subject to
will not be considered as qualifying for the apportionment (departmental circu-
classification under the provisions of lar No. 395, December 3, 1942).
the Ramspeck Act (Commission's min- Recording of classification. It will
ute 2 of May 24, 1941).
not be necessary for classification under
*Where persons are proposed for the Ramspeck Act to be shown on the
classification under section 6 of Execu- reports of changes, but the classification
tive Order No. 8743, all pertinent ex- should be entered on the employee's
perience acquired prior to the date upon record in the agency to which the cer-
which classification is recommended tificate is issued (with appropriate date)
will be considered in evaluating the and the employee should be notified
qualifications of the individuals pro- accordingly (departmental circular No.
posed for such classification, and ap- 291, supplement 5, June 5, 1942).
propriate consideration will be given, in
making such evaluation, to time spent
SPECIAL GROUPS OF EMPLOYEES
in the armed forces (Commission's
Employees subject to section 6 of Ex-
minute 3 of July 13, 1944).*
ecutive Order No. 8743.-Employees who
Apportionment.--Classifications under would otherwise have been subject to
Executive Order No. 8743 will be charged classification under section 6 of Execu-
to the apportionment on the basis of the tive Order No. 8743, forfeit their right
provisions of section 3 of civil-service to consideration under that section if
rule VII in effect on January 1, 1942 they fail to apply for restoration to their
(Commission's minute 2 of April 25, former employing agencies upon termi-
1942).
pation of active service with the armed
An employee who is classified in an forces. Appointment in other depart-
apportioned position under the Ram-ments and agencies under one of the
speck Act need not prove one year of emergency delegated authorities now in
residence in the State which he claims, existence is not compliance with the
but will be charged to the quota of the conditions of section 6. Departments
State in which he proves residence, with and agencies should issue instructions
out regard to the duration of his resi- | to all officers and employees responsible
dence therein. The Commission will ac- for handling personnel matters to no-
cept as proof of residence (in lieu of tify employees leaving civilian positions
Form 12): (1) a certificate of a State for active duty with the armed forces
official to the effect that the person is a of their statutory right of restoration
legal or voting resident of the State; or to such positions when relieved of ac-
(2) in the case of persons who have tive military or naval duty. Particular
been in the Government service for at care should be taken to point out to em-
least 5 years, the affidavits of two credit- ployees subject to classification in their
able citizens to the effect that at the time civilian positions under the Ramspeck
of entry into the Government service, Act, or some other statutory or Execu-
the person was a resident of the State tive authority, that failure to apply for
which he claims, together with the per- restoration within the allotted time to
son's own affidavit that he has not their former employing agency may re-
established a residence elsewhere. The sult in forfeiture of any right of clas-
instructions contained in this paragraph sification they might have once pos-
will be applicable not only to classifica-sessed (departmental circular No. 335,
tions under Executive Order No. 8743, April 22, 1942).
but also to classifications under Execu- If a former employee, upon applying
tive Orders Nos. 8744, 8833, 8939, 8952, within 40 days after termination of
and 9005 (departmental circular No. 291, active service with the armed forces for
Nov. 24, 1941, and supplement 6 thereto, reinstatement to the agency which he
June 25, 1942).
left to enter the military service, is in.
(August 10, 1944)
336 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
non-
formed that the position which he left no 1942, laborers appointed under the labor
longer exists, and he locates and accepts regulations may be recommended for
employment in another Federal agency a classified civil-service status under
within 40 days, he will be considered Executive Order No. 8743. Such rec-
eligible for classification under section ommendations may also include those
6 of Executive Order No. 8743 in that laborers who were promoted, trans-
agency, provided that such agency rec-ferred, or reassigned to classified posi-
ommends his classification within one tions under Executive Order No. 8833
year from the date of his entrance on of July 26, 1941, or under any pro-
duty, and that he is otherwise elig ble vision of Schedule B of the civil-
for classification under the order (Com-service rules authorizing the
mission's minute 1 of November 10, competitive promotion of laborers
1943).
appointed under the labor regulations
Any employee subject to section 6 to classified positions (departmental
of Executive Order No. 8743 who is circular No. 280, September 26, 1941).
not
recommended for classification The apportionment does not apply to
within one year from date of reinstate- laborer positions (departmental circular
ment under section 6 of the order will No. 395, December 3, 1942).
be permitted to continue in the service Positions paid from emergency
without acquiring a classified civil serv- funds.—The provision of section 16 (a)
ice status; but such employee may not of the Emergency Relief Appropriation
be transferred, promoted, or assigned Act for the fiscal year 1942 that "the
to any other position subject to the appropriations contained in section 1
civil-service rules, after the expiration of this joint resolution and any admin-
of 1 year from date of reinstatement | istrative allocations thereof shall not
except as provided in the note on "Per-
be available to pay the compensation of
sons who fail to be classified under the
any person appointed in accordance
Ramspeck Act and related Executive or-
with the civil service laws" will except
ders,” page 209 (departmental circular
from classification under Executive
No. 291, Nov. 24, 1941).
Order No. 8743 employees in positions
Persons with one-fourth or more In- in the various departments and inde-
dian blood.-Positions in the Bureau of
pendent agencies who are compensated
Indian Affairs occupied by Indians of from allotted (as distinguished from
one-fourth or more Indian blood fall un-
appropriated) emergency relief funds
der the provisions of Schedule A-VIII-5, (departmental circular No. 291, Novem-
and were not brought into the classified ber 24, 1941). Some of these employees
service by the Ramspeck Act and Execu-
may, however, acquire classification
tive Order No. 8743, regardless of the rights under Executive Order No. 9005
source of funds from
funds from which paid
(see page 342).
(Commission's minute 2 of October 29,
Employees who resign prior to Jan-
1942).
Substitute charmen.-Substitute char-uary 1, 1943.-Employees who resign
men, regardless of the hours of duty after January 1, 1942 (not for transfer
for which they were originally appointed to some other Federal agency) from
as substitutes, will be considered as positions in which they were subject to
having a status for classification under classification under the Ramspeck Act
the Ramspeck Act (Commission's min- and Executive Order 8743, should be
ute 2 of December 2, 1942).
recommended for classification if such
Unclassified laborers. Unclassified action would have been taken had they
laborer positions which were subject remained in the service, in order to pro-
to the labor regulations July 1, 1941, tect their rights which lapse on Decem.
will be included in the classified service ber 31, 1942 (departmental circular No.
under the act of November 26, 1940, 291, supp. 5, June 5, 1942).
and Executive Order No. 8743 (depart- Employees promoted or transferred
mental circular No. 291, November 24, prior to the Commission's final action on
1941). Within 1 year after January 1, | their classification.-In all cases, action
HOURS OF LABOR
464.01
SEC. 2.
And provided further, That the provisions of
this act shall not operate to furlough or dismiss any regular sub-
stitute.
Sec. 3. The act shall take effect October 1, 1935 (act of August
14, 1935, 49 Stat. 650, as amended by the acts of May 7, 1936, 49 Stat.
1266; August 16, 1937, 50 Stat. 651; May 12, 1939, 53 Stat. 741;
August 9, 1939, 53 Stat. 1273; March 27, 1942, 56 Stat. 188; and June
12, 1944, Public Law 334, 78th Cong.; 39 U. S. C. 1940 ed. 832).
TRADES AND OCCUPATIONS
The weekly compensation, minus any general percentage reduction
which may be prescribed by act of Congress, for the several trades
and occupations, which is set by wage boards or other wage-fixing
authorities, shall be reestablished and maintained at rates not lower
than necessary to restore the full weekly earnings of such employees
in accordance with the full-time weekly earnings under the respective
wage schedules in effect on June 1, 1932: Provided, That the regular
hours of labor shall not be more than 40 per week; and all overtime
shall be compensated for at the rate of not less than time and one-half
(section 23 of the act of March 28, 1934, 48 Stat. 509; 5 U. S. C.
1940 ed. 6730).11
Where the adjustment of regular hours of duty of em-
ployees subject to the provisions of the preceding paragraph re-
11 Applicable to employees of the District of Columbia as well as to employees of the
Federal Government (16 Comp. Gen. 663, January 18, 1937).
*The basic rate of compensation on which the overtime compensation prescribed by the
forty-hour week statute of March 28, 1934, is required to be computed is the rate received
during an employee's regular hours of labor of not more than forty hours per week, regard-
less of the time during the twenty-four hours of the day or the seven days of the week
such regular hours of labor may be performed.
The forty-hour week statute of March 28, 1934, vests no discretion to exclude a night
differential or bonus fixed by a wage board or other wage-fixing authority for a regular tour
of duty at night from the basic rate of compensation upon which the overtime compensa-
tion under the statute is to be computed for work in excess of the regular forty-hour
weekly tour of duty.
An employee coming within the purview of the forty-hour week statute of March 28,
1934, who is granted an authorized leave of absence with pay from a regular tour of duty
at night is entitled to receive during the absence the regular rate of compensation (includ-
ing a night differential) for night duty received by him when he goes on leave, whether
for a short or long period ; but an employee rotating on day and night shifts who is granted
leave while not on the night shift and not receiving the night differential is not entitled to
the night differential while on leave (decision, Comptroller General, July 20, 1944).*
1
(August 10, 1944)
JK
SEP 18'la
633
A 22CIVIL SERVICE ACT AND RULES TRANSMITTAL SHEET NO. 8
August 17, 1944
These sheets should be torn or cut apart along the
perforations. They should then be substituted as shown
on the
back of this
page for pages of the loose-leaf
edition of the "Civil Service Act and Rules."
The steps
in making the insertions are explained on page XX of the
introductory chapter, "How to Use This Book." The date
of this transmittal sheet and the date of filing should
then be noted on the "Filing Record" at the front of the
book, and this page should be filed immediately behind
Transmittal Sheet No. 7.
When this filing is completed, pages 4 to 48.01, 123
to 134, 185 to 198, 291 to 365, and 447 to 525 will be up
to date as of August 17, 1944.
It should be noted that this installment contains
pages 515 and 516, which were inadvertently omitted from
installment 6. Those who have been retaining the old
pages 515, 516, 517, and 517.01 pending correction of
this error may now remove them, and replace them by the
corresponding revised pages contained in this installment
and in installment 6.
Remarks
on
Additions have been made on pages 47, 47.01, 193,
195, 197, 198, 319, 320, 320.01, 322, 323, 324, 325, 326,
326.01, 327, and 515.
Deletions have been made as indicated on pages 43,
321, 322, 323, 324, and 325.
Changes have been made on pages 45, 46, 48, 48.01,
194, 194.01, 195.01, 319, 321, 325, and 516.
The material
page
43 is being dropped for the
reasons explained in Transmittal Sheet 1.
Most of the changes on pages 320 to 327 are the re-
sult of the taking effect of new appropriation acts. In
this particular chapter, changes have been marked by
stars only where they involve an actual change in the
nature of scope of the exception, or new material; changes
have not been so marked where they involve only the sub-
stitution of
act for another, or the continuance
without change of an old exception.
It is believed that the nature of all other changes
will be apparent upon comparison of the old with the new
pages.
one
605576°44-1
TRANSMITTAL SHEET NO. 8 (AUGUST 17, 1944)
Remove
Insert
Page
Edition date
Page
Edition date
1$
11
11
11
ii
43
October 31, 1943 43
August 17, 1944
44
44
October 31, 1943
45
45
August 17, 1944
46
46
47
47
47..01
48
48
48.01
193
193
194
194
194.01
195
195
195,01
196
196
October 31, 1943
197
197 August 17, 1944
198
198
319
319
320
320
320.01
321
321
322
322
323
323
324
324
325
325
326
326
326.01
327
327
328
328 October 31, 1943
515
July 5, 1944
515
August 3, 1944
516
October 31, 1943 516
Note: --Pages of the October 31, 1943, edition bear no
edition date in the lower outside corner.
11
11
TI
I
DEPOSITED BY THE
UNITED STATES OF AMERIÉNERAL NOTES ON WAR SERVICE REGULATIONS
43
!
that any person has been appointed to
Effect of the war-service regulations or is holding a position in the Federal
upon prior procedures.-Whatever the service in violation of employment
war-service regulations do not super- stabilization programs of the War Man-
sede remains in effect. This includes power Commission (see page 357), it
not only major principles and proce- will notify the employee concerned,
dures, but also operative policies de direct the proper appointing officer to
signed to speed up work and facilitate remove such employee, and take any
recruiting. Former instructions remain other steps necessary to enforce ap-
in effect where they are not obviously plicable laws and the civil-service rules.
inconsistent with the regulations and if the employee is not removed within
procedures under the war-service regu- ten days after such notice, the Com-
lations (action of Commission, April mission will certify the facts to the
3, 1942).
proper disbursing and auditing officers,
Penalties for violation of the war- pursuant to civil-service rule XV. In
service regulations.-See civil-service addition, the War Manpower Commis-
rule XV (page 288); section 2 of war- sion has provided that the United States
service regulation XI (page 40); sec- Employment Service may request the
tion 5 of the civil-service act (page return to his former employment of
8); and section 3 of civil-service rule any employee hired in violation of an
XI (page 281).
employment-stabilization program, and
Departmental circular No. 442 of Oc- that the hiring by an employer of a new
tober 19, 1943, provides that whenever employee or the acceptance by an indi-
the Civil Service Commission shall find' vidual of new employment, in viola-
(August 17, 1944)
44 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
а
66**
tion of War Manpower Commission / United States is required by section
Regulation 4 (see page 351), which re- 9A of the "Hatch Act” (departmental
lates to hiring or acceptance of work at circular No. 222, June 20, 1940).
a higher rate of pay, is subject to the When the Commission finds that an
penal provisions of the act of October eligible has been passed over because
2, 1942 (56 Stat. 767). This act pro- of race, creed, color, or national origin,
vides for a maximum penalty of one the Commission will place the name
year in jail and $1,000 fine.
of such eligible at the head of the regis-
Commission approval of modifications ter and will continue it in such position
of departmental regulations.-Section 2 until such time as the eligible has re-
of civil-service rule XVI, which has not
ceived number of considerations
been superseded by the war-service reg- equal to those lost because of discrim-
ulations, provides that: "No executive
ination based upon his race, creed,
department or agency shall make any color, or national origin (Commission's
modification of its civil service regula-minute 3 of June 11, 1942).
tions without the approval of the Com-
Consideration of certain types of
mission."
recommendations.--Section 10 of the
Discrimination in favor of or against
particular groups. In the application Civil Service Act provides as follows:
No recommendation of any
of the war-service regulations there
shall be no discrimination as to marital person who shall apply for office or
status, race, color, national origin, or place under the provisions of this act
political or religious opinions or affilia- which may be given by any Senator
tions, except as may be authorized or or Member of the House of Representa-
required by law (departmental circular tives, except as to the character or resi-
No. 323, revised, March 30, 1942). This dence of the applicant, shall be received
is in conformity with section 2 of the or considered by any person concerned
Civil Service Act of January 16, 1883 in making any examination orap-
(22 Stat. 403; 5 U. S. C. 1940 ed. 633), pointment under this act."
as amended by the act of July 26, 1937 Section 3 of civil-service rule I pro-
(50 Stat. 533; see page 6); with civil- | vides as follows:
service rule I (see page 216); with “No recommendation of an applicant,
the "Hatch Act" of August 2, 1939 (53 eligible, or employee in the classified
Stat. 1147; 18 U. S. C. 1940 ed. 61 et seq. ; service involving disclosure of his po-
pages 410 to 420), and with Executive litical or religious opinions or affilia-
Order No. 8802 of June 25, 1941, as tions shall be considered or filed by the
amended by Executive Orders Nos. 8823 Civil Service Commission,
of July 18, 1941, and 9346 of May 27, by any officer concerned in making ap-
1943, in which the President reaffirized pointments or promotions."
the policy of the United States that With respect to recommendations for
there shall be no discrimination in the promotion, see section 3 of civil-service
employment of workers in government rule XI, page 281.
because of race, creed, color, or national Inquiries as to thë political or re-
origin, and established a Committee on ligious opinions or affiliations of appli-
Fair Employment Practice (now a part cants.--Section 2 of civil-service rule I
of the Office for Emergency Manage- prohibits the making of inquiries con-
ment) to investigate complaints of dis- cerning the political or religious opin-
crimination in violation of the provi- ions or affiliations of applicants, except
sions of this order. Removal of per- as to such membership in political par-
sons who have membership in any ties or organizations as constitutes by
political party or organization which law a disqualification for Government
advocates the overthrow of our con- employment.
stitutional form of government in the With respect to consideration of
or
1
GENERAL NOTES ON WAR SERVICE REGULATIONS
45
I
recommendations made by members of | A list of essential activities has been
Congress, see section 10 of the Civil furnished to appointing officers as an
Service Act, page 10.
attachment to departmental circular No.
Types of appointment. On and after 378, supplement 4, September 25, 1943.
March 16, 1942, all original appoint- Lists of essential occupations for essen-
ments to positions under the jurisdic-tial activities are attached to depart-
tion of the war-service regulations will mental circular No. 378, supplement 1,
be termed "war-service appointments" January 23, 1943, and supplement 2,
and made under regulation V. Ap- March 24, 1943.
pointments, *after a break in service, of
Meaning of term "appointing ofi-
former civilian employees of the execu- cers.”—The situs of the appointing
tive branch of the Federal Government power, the extent to which it may be
who are eligible for reappointment un-delegated, and the meaning of the term
der regulation VIII will, when made on "appointing officer,” are discussed in the
nomination by an appointing officer,* notes on page 1.
be termed "war-service reappointments" Organization of the Commission.-See
and will be made under regulation VIII. notes on page 17.
Movements of personnel (eligible for Classified status.-Appointments un-
transfer), either inter-agency or intra- der the war-service regulations do not
agency, will be made under regulation of themselves confer a classified com-
IX when there is no break in service, petitive civil-service status (departmen-
and will be termed “war transfers.” | tal circular No. 323, supplement 6, Sep-
None of these appointments will of itself tember 9, 1942). With respect to the
confer a classified competitive civil- status of persons who were in the service
service status.
on the effective date of the war-service
Unless otherwise specifically limited, regulations, see notes on pages 208
such appointments may be for the to 215.
duration of the war and for six months With respect to classification gener-
thereafter. Those appointments which ally, see civil-service rule II, and the
are for periods specifically limited to notes thereto, on pages 219 to 235. See
one year or less will be considered particularly the note on page 233 as to
“temporary.” Appointments which are suspension of section 6 of rule II for
for a longer duration than one year agencies subject to the war-service reg-
will unless otherwise specifically ulations. With respect to classifica-
limited be designated as "indefinite” (de- tion under the Ramspeck Act of Novem-
partmental circular No. 323, revised, ber 26, 1940 (54 Stat. 1211), and the
March 30, 1942, and supplement 6 there- various Executive orders issued under
to, September 9, 1942; *action of Com-
or in connection therewith, see pages
mission, February 15, 1944.)*
328 to 343.
For a more detailed analysis of types
Eficiency ratings.
The uniform effi -
of personnel changes under various au-
ciency-rating system which covers all
thorities, see the table on page 207.11.
positions in the field and departmental
Meaning of terms "essential activi-
ties,” "essential war activities," "es-services allocated under the compensa-
tion schedules of the Classification Act
sential occupations" and "critical war
occupations.”—The terms "essential ac
of 1923, as amended, or in accordance
tivities," "essential war activities," "es- with Executive Order No. 6746. of June
sential occupations," and "critical war 21, 1934, is *prescribed in departmental
occupations," which are used in various circular No. 458 of December 23, 1943,
departmental circulars and regulations and set forth in detail in Civil Service
issued by the Civil Service Commission, Commission Forms 3823 (as amended by
are clarified in War Manpower Com- departmental circular Nos. 474, March
mission Directive No. I (see page 349), 114, 1944, and 486, June 6, 1944) and
(August 17, 1944)
46
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
On
3823A.* For the statutes governing the distinguished from annual leave
preparation and review of efficiency rat- granted to employees who enter the
ings, and the regulations for review, see armed forces) on pages 518 to 522; and
pages 402 to 406. With respect to effi- leave for service as juryman or witness,
ciency ratings in their relation to on pages 522 to 524. See also notes on
within-grade salary advancements, see terminal leave and effective date of
pages 402 to 403 and 447 to 459. With separation, pages 512 and 198.
respect to reduction in rank and sal- Appointments of Federal employees to
ary, or separation, for failure to attain State or local office.--See notes
sufficiently high efficiency ratings, see page 443.
page 165. With respect to the effect of Entrance into the military service.-
efficiency ratings on the order of reduc-With respect to action to be taken con-
tion in force, see pages 187 to 188. cerning employees who enter the mill-
Within-grade salary advancements. tary service, and methods of reporting
Employees serving under indefinite ap- such entrance and return to duty there-
pointments under the war-service regu- after, see pages 197 and 207. With re-
lations, including those whose appoint- spect to the replacement of such em-
ments have been converted thereto from ployees, see page 517. With respect to
temporary appointments under the civil- the rights to Federal employment of per-
service rules, are regarded as occupy- sons who have entered the armed forces,
ing "permanent positions" within the see page 63 as to postponement of filing
meaning of the act of August 1, 1941 for civil-service examinations; page 245
(55 Stat. 614), and are entitled to as to entry on civil-service registers and
salary advancements within grade upon lists; the material on "Preference, vet-
meeting the other requirements of that eran” referred to in the index as to vet-
act. Employees serving under appoint- eran preference; pages 144 to 145 as to
ments designated by the war-service earning of within-grade salary advance-
regulations as "temporary” (see page ments while in the armed forces; pages
45) are not eligible for such salary ad- 221, 330, and 335 as to acquisition of a
vancements within grade (21 Comp. classified status by persons who enter
Gen. 369, October 27, 1941; 21 Comp. the armed forces; pages 136 to 145 as to
Gen. 924, April 10, 1942). For text of mandatory reinstatement; and pages
the act of August 1, 1941, and of the 483 and 507 as to entitlement to ac-
regulations thereunder, see pages 447 to cumulated and accrued annual leave
450.
concurrently with active military or
Leave of absence.-Annual leave (in- naval duty.
cluding the granting of accumulated Complaints of subversive activity on
and accrued annual leave to employees the part of Federal employees.-For
who enter the armed forces) is dis- procedure in dealing with charges of
cussed on pages 481 to 518; sick leave, subversive activity on the part of Fed-
on pages 484 to 518; military leave (as 'eral employees, see notes on page 423.
t
NOTES ON RECRUITMENT
47
NOTES ON RECRUITMENT
[See section 1 of war-service regulation IV)
Purposes of coordination of recruit-power priorities committee after con-
ing activities.-All efforts of the Fed- sultation with representatives of the
eral Government to recruit personnel Civil Service Commission. For those
must be coordinated to assure:
agencies whose quotas are received
(1) That efforts of the Civil Service from their departmental headquarters
Commission and of the departments and based on their allocations from the Bu-
agencies to develop sources of supply | reau of the Budget, it is a responsibil-
of qualified personnel do not representity of the Civil Service Commission rep-
overlapping or duplication of effort; resentative to present the ceiling re-
(2) That, consistent with the policies quired in the period under considera-
of the War Manpower Commission, no tion under the following general prin-
potential sources of personnel for posi- ciples :
tions which must be filled in the Fed- (1) Wherever employment ceilings
eral Government are left untapped ; are established for all employers within
(3) That individuals who file appli- a certain area, the Bureau of the Bud-
cations for employment with the Fed- get ceilings as apportioned by a Fed-
eral Government are assured fair and eral agency to its offices within that
impartial consideration whenever posi- area shall apply.
tions for which they are qualified are (2) Wherever, after review and con-
filled anywhere in the service;
sideration, such ceilings are felt to be
(4) That the selection of individuals out of line with the manpower supply
for appointment in the Federal service in the local area, revision of ceilings
is based solely upon merit and fitness for the Federal agencies within that
for the position in question and with- area shall be discussed with the agency
out regard to personal, political, rell- involved.
gious, racial, business, fraternal, social, (3) Priorities shall be assigned to
or other affiliations (memorandum of individual government agencies within
Commission to heads of executive de- the area in the light of their functions
partments and independent establish- and responsibilities (action of Commis-
ments, February 8, 1943).
sion, June 17, 1944). *
*Employment ceilings.--An employ- Assistance of departments in working
ment ceiling is defined by the War Man-out recruiting plans.--The Commission
power Commission as “the highest level recognizes that at times it needs the
of total employment or of specified types advice and assistance of the depart-
of employees which an establishment is ments and agencies in developing
not permitted to exceed, based upon an sources of supply of qualified person-
approved and necessary production nel. The Commission will, therefore,
schedule.” The authority for the es- from time to time, call upon the depart-
tablishment of such ceilings is set forth ments and agencies for assistance in
on page 363. The ceilings are fixed by developing these sources of supply.
War Manpower Commission area man- When the agencies believe that they
power priorities committees and area
can be of material assistance to the
directors.
Commission in developing sources of
Ceilings for the production agencies supply, they should present their plans
such as the navy yards and arsenals are in writing to the appropriate repre-
usually presented by the Army and sentative of the Commission. This pres-
Navy representatives on the area man-entation sliould include statements as
(August 17, 1914)
47.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
to the occupations involved, the methods licity is in accord with the policies and
by which sources of supply are to be procedures of the War Manpower Com-
developed, and the geographical areas mission. The Office of War Informa-
in which the contemplated sources of tion will cooperate with the Commission
supply are located. The Commission in the enforcement of this policy
will then indicate its approval or dis- (memorandum of Commission to heads
approval of the plan. It will not ap- of executive departments and independ-
prove any plan which represents a du- ent establishments, February 8, 1943).
plication or overlapping of effort or *Use of private employment agencies
which violates policies of the War Man- in recruitment.—It is the Commission's
power Commission.
view that Federal appointing officers
If activities looking toward the de- should not resort to the use of private
velopment of sources of supply are car- employment offices and that there is a
ried on without the prior approval of violation of democratic principles in-
the Commission, the agency conducting herent in any procedure under which
such activities will be regarded as vio- an applicant is required to pay a fee,
lating the Commission's war-service either directly or indirectly, for secur-
regulations.
ing Government employment (depart-
Any current efforts to develop sources
mental circular No. 481, May 16, 1944).
of supply which do not conform to the This view will be taken into considera-
provisions set forth above must be
tion in giving approval to agency re-
discontinued immediately (memoran-
dum of Commission to heads of execu- cruiting activities under section 1 (a)
of War Service Regulation IV. In some
tive departments and independent es-
tablishments, February 8, 1943).
cases, the charging of fees in connection
Publicizing personnel needs.- No de- with appointment may come within the
partment or agency of the Federal Gov- penal provisions of the act of December
ernment shall give any publicity to its 11, 1926 (see page 409).*
personnel needs through the press,
Disposition of applications received
magazines, over the radio, or other-by employing agencies.-See section
wise, without the express prior ap- 1 (e) of war-service regulation IV and
proval of the Commission or its author- section 2 (a) (5) of war-service regula-
ized representatives, and after such ap- tion IX.
proval, only in accordance with the Recruitment of employees who are
applicable rules and regulations of the about to retire.-Agencies and depart-
Office of War Information. The Comments are requested to ask any em-
mission will in turn not give approval ployee who is about to retire and is
to any such programs and will not itself eligible for retention under amend-
publicize the personnel needs of the ments to the Civil Service Retirement
Federal Government unless such pub- | Act and the Canal Zone Retirement Act
!
(August 17, 1944)
NOTES ON RECRUITMENT
48
(see page 129) because he possesses spe agency in Washington, D. C., to place
cial qualifications, and whom they are direct-recruiting orders for the follow-
not able to retain, to file Standard Form ing:
57 with the Commission in order that (1) For vacancies in all positions for
his qualifications may be analyzed with which an assembled examination is the
a view to utilizing his services to the sole basis of rating.
best interest of the war program (de- (2) For vacancies in positions of
partmental circular No. 400, December laborer, motorcycle messenger, guard,
31, 1942).
skilled tradesman (carpenter, plumber,
*Direct recruiting.-In a letter of etc.), chauffeur, telephone operator,
February 26, 1944, to the heads of ex-draftsman SP-4 and below, and office
ecutive departments and agencies, the machine operator, CAF-2.
President said:
Direct recruiting will continue for any
“It is my desire that, wherever there other position for which direct-recruit-
is a shortage of qualified personnel, the ing orders were pending in the central
heads of the various departments and office of the Commission on May 10,
agencies delegate to the Civil Service 1944, until such orders are filled. How-
Commission full authority to recruit forever, the Commission will not accept
them for vacancies which may exist in further direct recruiting orders, except
such types of positions as may be re- in unusual circumstances and by special
quested by the departments and agen- agreement, for any positions other than
cies. This will eliminate the delays in those outlined above.
cident to the Commission's referring a This policy as to types of positions for
number of names to the departments which direct-recruiting orders will be
and agencies, and then having the de- accepted applies only to those positions
partments and agencies decide who, | in the departmental service and the field
among the persons referred to them, is service for which certification would be
to be selected for a particular position. made to, and selection would be made
Except in the case of filling unusual by, the central office of the agency in
types of positions, there is no reason Washington. Each of the Commission's
whatsoever why, taking into considera- regional offices will notify those agency
tion the present manpower situation, field establishments within its jurisdic-
the departments and agencies should tion of the types of positions for which
not delegate this authority to the Com- direct-recruiting orders should be placed
mission."
(departmental circular No. 482, May 10,
The President pointed out that failure 1944).
to delegate this authority means, in the When an agency places a direct-re-
case of veterans, that “the veteran is cruiting order with the Commissiou, it
being subjected to unnecessary delays should furnish information regarding
in his efforts to secure employment. special incentives and inducements cov-
This cannot and should not be toler-ering as many of the following items
ated.”
as possible:
The process of recruiting eligibles (1) Availability of funds to pay re-
under authority delegated by agencies cruits' transportation;
to select personnel on their behalf is (2) Arrangements by the department
known as “direct recruiting" (see sec- to meet recruits at the train and to se-
tion 1 (i) of war-service regulation cure housing or rooming quarters in
IV).
advance;
The Commission urges all depart- (3) Assurance as to early pay checks
ments and agencies in filling vacancies or arrangements for loans prior to re-
in positions for which certification ceipt of first pay check;
ordinarily would be made to and selec- (4) Location of building in which
tion made in the central office of the employees will work ;
(August 17, 1944)
48.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
see
(5) Where the building is not 10-ture, and forward it to the agency with
cated in the business section of the city, the letter of authority; responsibility
availability of transportation facilities; for the review of the declaration of ap-
(6) Hours of work, night shifts, any pointee will, however, rest with the
peculiar conditions of work, etc.; employing agency. The employing
(7) Medical facilities available in agency will fingerprint the appointee
the agency;
prior to his entrance on duty and trans-
(8) Arrangements to put new em- mit the fingerprint chart (Civil Service
ployees in touch with recreational fa- Commission Form 2390) to the Federal
cilities;
Bureau of Investigation in accordance
(9) Provisions for employee counsel- with the procedures outlined on page
ing;
102; it will also secure the other ap-
(10) Relative permanency of the po- pointment forms necessary (see pages
sition;
101 to 110) (departmental circular No.
(11) Scope of the work and activities 323, revised, March 30, 1942; depart-
of the agency;
mental circular No. 490, July 18, 1944;
(12) Opportunities for training and departmental circular No. 495, July 21,
promotion within the agency (depart- 1944).
mental circular No. 477, March 29, As to payment of transportation ex-
1944).
penses in connection with transfers
When direct recruiting orders are re under direct-recruiting orders,
ceived for personnel in the so-called page 155. *
"critical categories" — categories in In filling positions through direct
which the demand for qualified person- recruiting, the Commission or its repre-
nel generally exceeds the supply—the sentatives will secure any necessary
Commission will make immediate place- clearances under employment-stabiliza-
ment, to the extent of its resources, of tion plans (see notes on page 82) before
any qualified persons who are willing directing the employee to report to the
to accept the appointments offered. agency (departmental circular No. 442,
When the Commission receives re- October 19, 1943).
quests for personnel to fill vacancies in Appointing officers should report to
occupational categories in which the | the Commission or its regional director,
supply of qualified and available appli- whichever issued the letter of authority,
cants exceeds the demand, eligibles will all cases where eligibles certified on
be referred to the requesting agency in individual letters of authority do not
the regular order of certification, which appear for appointment or do not enter
is based on reemployment status, mili- on duty. Where the eligibles actually
tary preference, and numerical ratings enter on duty, reports of their selection
(departmental circular No. 499, August need not be made unless the letter of
2, 1944).
authority indicates otherwise, but re-
When the direct-recruiting procedure ports of action on Standard Form 50
is used, a letter of authority for each (see page 203) should continue to be re-
turned to the Commission on all appoint-
individual will be issued instead of a
ments effected (departmental circular
list of names. In such cases the Com-
No. 387, October 27, 1942).
mission will pass upon the medical cer-
Joint recruiting:—When a depart-
tificate (Civil Service Commission
ment or agency and the Commission act
Form 2413), which will, however, be together in carrying on a recruiting pro-
subsequently referred to the employing gram, it is referred to as a joint recruit-
office for its files. The Commission will ing program. Under such circumstances
also have the appointee fill in the ap- the agency designates a representative
propriate blanks on the declaration of authorized to make final selections for
appointee (included in Standard Form appointment, who, together with
61), except the blank for his signa- representative of the Commission,
a
1
(August 17, 1944)
NOTES ON SEPARATIONS AND TERMINATION OF ACTIVE SERVICE 193
Regulations 4 and 7 (see page 357) im-ices cannot, under War Manpower Com-
pose certain restrictions, including the mission employment-stabilization pro-
obtaining of a statement of availability grams, be granted statements of avail-
in certain cases, upon the acceptance of ability by the Federal agencies in
non-Federal employment by Federal which they are employed. They should
employees. In the absence of such a follow the procedure outlined in the note
statement of availability, a former Fed- headed "Releases because of under-uti-
eral employee must wait 60 days after | lization" on page 194.01 (departmental
going off active duty (as distinguished circular No. 442, October 19, 1943;
from termination of annual leave) be- action of Commission, October 12, 1943).
fore accepting non-Federal employment The War Manpower Commission pol-
of a type subject to the statement-of-icies and regulations and employment-
availability requirement (departmental stabilization programs adopted thereun-
circular No. 442, October 19, 1943). der are applicable to all agencies in the
*If an employee is subject to priority executive branch of the Federal Govern-
referral (see page 362), he remains sub-ment. As to positions not subject to the
ject to suih referral even though he is Civil Service Act and rules, agencies
granted a statement of availability, and
may adopt their own practices within
regardless of the length of time which the policies, regulations, and standards
elapses after he goes off active duty.*
of the employment-stabilization pro-
Authority to issue statements of
availability.-Except in cases of under- grams of the War Manpower Commis-
utilization, authority to issue state-
sion. Appointment to and release from
ments of availability, in conformity with positions under Schedules A and B are
applicable employment-stabilization pro-
subject to the regulations and proced-
grams, to Federal employees who are
ures prescribed by the Civil Service Com-
subject to the Civil Service Act, rules, mission for compliance with employ-
and regulations rests with the Civil ment-stabilization programs, set
Service Commission. The Commission forth in this section and elsewhere in
may delegate this authority to those this book. *(As to recruitment for
Federal agencies which are subject to Schedule A and B positions, see notes on
the Civil Service Act, rules and regula- page 49.)*
tions, and has so delegated it to direc- In the District of Columbia govern-
tors of personnel in the departmental ment, positions subject to the Civil
service in Washington, D. C. If such an Service Act and rules and positions sub-
agency denies a statement of availabil- ject to the joint regulations set forth
ity, the United States Civil Service on page 388 are subject to the regulations
Commission shall, upon request of the and procedures prescribed by the Civil
employee, review the case and either is- Service Commission for compliance
sue or deny the statement of availability with employment-stabilization programs
Nothing in the preceding paragraph (departmental circular No. 442, October
affects the right of any Federal em- | 19, 1943).
ployee to request a statement of avail- Conditions under which a statement of
ability directly from the United States availability may be granted.-A person
Employment Service at any time. When presently employed in the Federal serv-
a representative of the Civil Service ice or a person who has been within the
Commission is readily available, the preceding 60 days employed in the Fed-
United States Employment Service will eral service is entitled to a statement of
not issue a statement of availability to availability if:
such an employee until the nearest rep- (a) He has been discharged, or his
resentative of the Civil Service Com- employment has been otherwise invol-
mission has been consulted.
untarily terminated by his employer, or
Federal Government employees who (6) He has been laid off for an in-
desire transfer or referral because of definite period or for a period of seven
under-utilization of their skills or serv- or more days, or
as
(August 17, 1944)
194 CIVIL SERVICE ACT, RULES, AND REGULATIONSULATIONS,
, ANNOTATED
(c) Continuance of his employment | availability are issued in further gov-
would involve undue personal hardship. ernment employment. The Civil Service
*An employee who is suspended for Commission's transfer program should
disciplinary reasons, or pending inves- be explained and if the employee in-
tigation, for a period of seven or more dicates interest in further Federal em-
days, is entitled to a statement of avail- ployment, he should be referred to the
ability.
nearest representative of the Civil Serv-
Whether a statement of availability ice Commission for possible placement.
is required to be given to an employee Any Federal employee to whom a state-
whose discharge occurred under cir- ment of availability has been issued
cumstances indicating that he deliber- may, in the discretion of the Civil Serr-
ately provoked the action is a matter ice Commission, be transferred to, or
to be determined by the War Manpower reappointed in, another Federal agency
Commission Area Directors and appeals without negotiation with the agency
bodies. If an issuing officer of the Fed- issuing the statement of availability.
eral Government has reason to believe Such transfers would, almost without
that an employee has deliberately pro- exception, be authorized without reem-
voked his discharge for the purpose of ployment rights, since statements of
securing a statement of availability, he availability may not be given in cases of
may deny the statement. As in the case under-utilization (departmental circu-
of denial of a statement of availability lar No. 442, October 19, 1943).
for any other reason, the employee may As an alternative to issuing a state-
request a review by the nearest repre ment of availability to an employee
sentative of the Civil Service Commis- claiming undue personal hardship, the
sion or by the United States Employ-correction of which condition would in-
ment Service. Further appeals may be volve employment in another area,
made in accordance with Regulation 5 agencies may prepare a letter to the
of the War Manpower Commission, United States Employment Service in
which is reprinted on page 353.
the area to which the person desires
An agency should not issue a state- to go. The letter should state that the
ment of availability to an employee un agency is willing to release the person
less the employee can establish to the for employment in that area and state
satisfaction of the issuing official that the reasons which the individual has
he is entitled to a statement under one given as entitling him to a statement
of the reasons set forth above. This of availability.
This letter may be
applies also to the cases of employees given to the employee instead of a state-
who abandon their positions (that is, ment of availability.
simply fail to report for work without If the program of the area in 'which
any resignation) and later request a the person is presently employed has
statement of availability (departmental an out-migrant clause, the letter should
circular No. 442, October 19, 1943, and be addressed to the United States Em-
supplement 5 thereto, June 15, 1944). ployment Service in the area the em-
Procedure in issuing statements of ployee is leaving and the employee in-
availability.-A sample of the form to structed to present it to the local United
be used in issuing statements of avail- States Employment Service for out-
ability is attached to departmental cir- migrant clearance. In such cases, the
cular No. 442 of October 19, 1943. Agen: letter may include a statement request-
cies should duplicate a supply of this ing that if the United States Employ-
form.
ment Service does not permit the em-
An attempt should be made to interest ployee to leave the area, he be referred
all employees to whom statements of l back to the agency for employment (de-
1
(August 17, 1944)
SEPARATIONS AND TERMINATION OF ACTIVE SERVICE 194.01
partmental circular No. 454, November the employee must be advised that he
27, 1943).*
may request the Civil Service Commis-
Releases because of under-utiliza- sion to review the decision of the person-
tion.-In cases where an employee's rea-
nel director);
son for seeking a release is that he is
(6) Upon finding that the employee's
employed at less than full time or is in allegations are correct, he will make
a position which does not utilize his an effort to place the employee in a
highest recognized skill for which there position in the same agency where his
is a need in the war effort, the agency skills and time would be fully utilized;
(c) If the agency cannot place the
in which he is employed has no author-
Ity, under War Manpower Commission employee in such a position, he will se-
cure Standard Form 57 from the em-
Regulation 7, to issue a statement of
availability to him. If the employee de- ployee, attach to it a statement that the
sires to transfer to another Federal employee cannot be fully utilized in the
agency, he may apply to the Civil Serv- agency, and submit the Standard Form
57 with the statement to the Civil Service
ice Commission as set forth in the note
Commission.
on page 150. If he desires to seek or
Upon receipt of the Standard Form 57
accept non-Federal employment and al-
and the statement, the Commission will
leges that he does not utilize his highest
endeavor to place the employee else-
recognized skill for which there is a
where in the Federal service in a posi-
need in the war effort, or that he is not tion where his skills and time will be
being employed full time, he should ap fully utilized. When such placement
ply to the director of personnel of his cannot be made within 14 days, the Com-
agency or the latter's authorized repre mission will refer the employee to the
sentative, who will take the following United States Employment Service for
steps:
further consideration. The 14-day pe-
(a) He will determine whether the riod is a maximum; the employee will be
employee's allegations are correct. (If referred to the United States Employ-
the allegations are not substantiated, no ment Service as soon as it is determined
further action need be taken except that that his skills and time cannot be fully
(August 17, 1944)
195 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
utilized (departmental circular No. 442, to the Commission within 4 days from
October 19, 1943).
the date on which the Commission's
A Federal employee may request re- representative submits the case to the
ferral because of under-utilization di- agency. Regional directors and repre-
rectly from the United States Employ-sentatives of the Commission may im-
ment Service, but in such a case the pose similar time limits for the field
United States Employment Service will service whenever necessary.
consult with the nearest representative At the end of the period allowed the
of the Civil Service Commission, and agency for presenting its views, the
the Civil Service Commission will be Commission will proceed to act on the
allowed a reasonable period, not to ex- | case on the basis of the evidence at
ceed 14 days, to effect an adjustment hand, and either issue or deny the state-
before the United States Employment ment of availability. If the Commis-
Service refers him to employment else- sion also denies the statement of avail-
where. If the Commission finds that he ability, the employee will be informed
is fully utilized in his present job, or of his right to request the United States
that adjustments have been made that Employment Service of the War Man-
will fully utilize the worker, the Civil power Commission to issue him a state-
Service Commission will so notify the ment of availability and of his further
United States Employment Service and right to appeal under Regulation 5 of
the 'worker (action of Commission, the War Manpower Commission (de-
October 12, 1943).
partmental circular No. 442, October 19,
Whenever a local Employment Service 1943, and supplement 6 thereto, July 29,
office finds through an interview that a 1944). (Regulation 5 of the War Man-
Federal employee possesses a critical power Commission appears on page
skill for which a shortage exists in an 353.)*
essential private activity or public em- Appeals from decisions of the War
ployment other than in a Federal agency, Manpower Commission.--Under regula-
and has reason to believe that this skill tion 5 of the War Manpower Commis-
is not being utilized, a determination sion (see page 353), any worker or em-
will be made as to whether the employee ployer may appeal from any act or fail-
is willing to accept such employment. ure to act of the War Manpower Com-
If the Federal employee consents and mission under employment-stabilization
the prospective employer specifically re programs. Whenever it is necessary to
quests to hire the applicant for a specific carry forward an appeal on behalf of
position, arrangements will be made by the United States Government as an em-
the Employment Service office to secure ployer, the Civil Service Commission will
through the Civil Service Commission a handle the appeal. In such cases, the
release or statement of availability (ac-Civil Service Commission will request
tion of Commission, March 15, 1943). the assistance of the agency in present-
*Appeal by employee to Civil Service ing the relevant data. An agency desir-
Commission from denial of statement of ing to appeal any action or failure to act
availability.-Any employee denied a of the War Manpower Commission
statement of availability by his agency should notify the Civil Service Commis-
must be advised of his right to re- sion immediately (departmental circu-
quest the Civil Service Commission to lar No. 442, October 19, 1943).
review the action. Where such an an- Releases with reemployment rights
peal is made, the employee's agency will under section 4 of war-service regu-
be given an opportunity to present its lation IX.—War Manpower Commis-
views to the Commission. Agencies in sion Directive No. X, as amended (see
the departmental service in Wash- page 13), and section 4 of war-service
ington, D. C., must submit relevant data regulation IX (see page 34), which was
t
(August 17, 1944)
SEPARATIONS AND TERMINATION OF ACTIVE SERVICE 195.01
Issued under authority thereof, provide ployment Service will be returned to
a procedure under which an employee the persons or activities making such
may, subject to certain specified condi- requests with the information that re-
tions and requirements, retain reem- quests must be forwarded through their
ployment rights in his former Federal | nearest United States Employment
position upon transferring to certain po- Service office. Such pre-clearance,
sitions outside the Federal executive when given, will be indicative that all
civil service. The conditions under manpower stabilization requirements
which such a transfer may be made are have been met and that the employee
naturally much more limited than the may be assigned to duty by the re-
conditions under which a statement of questing enterprise upon the transfer's
availability should be issued; *for ex- being approved by the Civil Service
ample, personal reasons for desiring the Commission or regional office thereof.
transfer cannot be taken into consid- The purpose of the Employment Sery-
eration in authorizing such a transfer, ice's consideration is to determine
they may be considered, to the whether the employer's needs for criti-
cal workers in essential activities can-
extent permitted by War Manpower
not be met by referral of qualified un-
Commission regulations, in determining
whether or not to issue a statement of
employed workers, transfer from less-
essential activity, or in-plant adjust-
availability. Clearance of a Federal
ment (action of Commission, December
employee by the United States Employ-
6, 1943).*
ment Service is therefore not conclu-
Negotiations for transfer with the
sive as to his right to be transferred
present employing agency.—See notes
under section 4 of regulation IX (de- under the same heading on page 151,
partmental circular No. 442, October 19, which are also applicable to transfers
1943; action of Commission, December under section 4 of war-service regulation
6, 1943).
IX.
Method of requesting release.
Pre Prerequisites for transfer.-Among
clearance must be secured from the the prerequisites for transfer under sec-
United States Employment Service be- tion 4 of war-service regulation IX
fore processing any transfer to private are determinations by the Commission
or public enterprise under the pro- “that such employee is qualified to per-
visions of section 4 of war-service reg- form work in a critical war occupation
ulation IX. All requests received for (as defined in the Essential Activities
transfer under section 4 of war-service and Essential Occupations Directive of
regulation IX from persons or activi- the War Manpower Commission) and
ties other than the United States Em can make a more effective contribution
(August 17, 1944)
196 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
to the war effort in an essential activity upon return to original agency.-See
|
carried on by a private or public enter- notes on page 202.
prise." The Commission will follow the Release of Government employees for
information issued by the War Man- service in the merchant marine or train-
power Commission in determining ing therefor.-An act of June 23, 1943
whether a particular activity or occupa-(57 Stat. 162), which is quoted on page
tion is an “essential activity" or an 136, provides certain reemployment
"essential occupation.” An essential oc- benefits similar to those granted persons
cupation in which there is a shortage of entering the armed forces under the
qualified persons will be considered as Selective Training and Service Act, as
a "critical war occupation.” Determi- amended, to persons leaving their posi-
nation of the qualifications of a person tions to serve in the merchant marine.
to serve in a critical war occupation The act defines "service in the merchant
will generally follow noncompetitive marine” as :
civil-service standards, but a finding by "Service as an officer or member of
the United States Employment Service the crew on or in connection with a
that the person is qualified for the oc-vessel documented under the laws of
cupation will be sufficient whether or the United States or a vessel owned by,
not he has met the civil-service non-chartered to, or operated by or for the
competitive standards. The determin- account or use of the Administrator, as
ation as to qualifications in a transfer an enrollee in the United States Mari-
under section 4 is not for the purpose of time Service on active duty, and, to such
imposing on private enterprises the civil- extent as the Administrator shall pre-
service standards of qualifications, but scribe, any period awaiting assignment
to determine that the person proposed to such service and any period of edu-
for transfer is entitled to reemployment cation or training for such service in any
rights by virtue of the fact that he is school or institution under the juris-
qualified to serve, and does serve, the diction of the Administrator." (The
war program in a critical war occupa- “Administrator” referred to in the act
tion (action of Commission, April 8, is the Administrator of the War Ship-
1943).
ping Administration.)
Retroactive authorization of trans-
The act also provides that Federal
fers.—If a Federal employee has re-employees entering such service may
signed to accept employment in private elect to receive payment for their ac-
or public enterprise and is no longer on crued annual leave or to have such leave
the rolls of the department or agency, the remain to their credit (see page 483).
The Civil Service Commission has
Commission is without jurisdiction to
authorize his transfer, retroactively or delegated authority to the War Shipping
otherwise. If the employee has, in- Administration to undertake to secure
directly from Federal agencies releases
stead, been carried in a leave status,
of their employees to enter training
his transfer under section 4 of regula-
tion IX may be considered upon request, time Service. The War Shipping Ad-
courses given by the United States Mari-
but there would be no necessity for ministration may appeal to the Com-
making the transfer retroactive (action mission in any case where it is unable
of Commission, May 21, 1943).
to secure the necessary release. Final
Appeals from decisions of the Com- determination as to whether release may
mission as to transfers.-See notes on be granted will, in such cases, be made
by the Commission in accordance with
Reemployment benefits acquired the directives of the War Manpower
through transfer.-See section 5 of war- Commission.
service regulation IX, page 35, and Where Federal employees are
notes on page 146.
cruited for immediate employment in a
Reimbursement of traveling expenses private merchant marine organization
page 154.
re-
NOTES ON SEPARATIONS AND TERMINATION OF ACTIVE SERVICE 197
are
without an intervening period of train- ponent, is inducted under the Selective
ing, the provisions of departmental cir- Training and Service Act of 1940, or
cular No. 442 (see page 193) will be enlists voluntarily, except that volun-
applicable.
tary enlistments prior to August 18, 1941,
The procedures set forth above do not operated as separations from civilian
apply to transfers to positions of in-service (20 Comp. Gen. 158, September
structor or to other positions in the 18, 1940; 20 Comp. Gen. 167, September
War Shipping Administration when it |20, 1940; 20 Comp. Gen. 847, June 3, 1941;
is apparent that the person is not slated 21 Comp. Gen. 403, November 3, 1941;
to enter the merchant marine service departmental circular No. 438, October
after completing a period of training 22, 1943).
with the United States Maritime Serv- An employee's rights to reemployment
ice.
Such cases will continue to be benefits under the Selective Training
processed in accordance with the stand- and Service Act and similar legislation
ard procedure for handling transfers are the same whether he was separated,
under the provisions of section 2 of war- furloughed, or placed on leave without
service regulation LX (departmental pay (20 Comp. Gen. 167, September 20,
circular No. 434, August 28, 1943). 1940; 20 Comp. Gen. 847, June 3, 1941;
Federal employees enrolled in the 21 Comp. Gen. 403, November 3, 1941).
United States Coast Guard Reserve As separation may, however, affect the
(Temporary) as chief boatswain mates employee disadvantageously with re-
whose transfers to positions as plant spect to certain rights under the Civil
guards or in other capacities at a ship-Service Retirement Act, as amended, the
building corporation requested Commission recommends that all de-
should be transferred under section 4 of partments and agencies follow the prac-
war-service regulation IX when the con- tice of placing employees in a leave-
ditions of this section and regulation are without-pay status when they enter the
fulfilled. These transfers should be re- military service from any except purely
quested through the Employment Serv- temporary positions to which appoint-
ice in the normal manner (action of ments have been made for a specific
Commission, June 1, 1943).
period of one year or less (departmental
circular No. 435, September 25, 1943).
Furlough treated as separation in col-
Action taken to separate an employee
lecting indebtedness to Government.
from the Government service upon his
See notes, page 289.
voluntary enlistment in the military or
ENTRANCE UPON ACTIVE MILITARY DUTY naval service subsequent to May 1, 1940,
may not thereafter be rescinded by ret-
The question whether, in the absence roactively changing the administrative
of special legislation, an employee must records to show such employee as in a
be separated from his civilian position leave-without-pay status (21 Comp. Gen.
when he enters upon active military or 403, November 3, 1941).
naval duty is discussed in detail on page * The reemployment benefits of sec-
507. Special legislation on this subject tion 8 (b) of the Selective Training and
is in effect, however, during the present Service Act and similar provisions in
In consequence, it is now within other legislation do not apply to per-
administrative discretion either to sep- sons who hold temporary positions.
arate employees from civilian service, to where an employee who is serving un-
place them on leave without pay without der temporary appointment is about to
limitation as to amount of such leave, or enter the armed forces, he should be
to furlough them without pay during recommended at once for a classified
periods of active military or naval duty. status, or for restoration of a classified
This is true whether the employee is status previously acquired, if he meets
ordered to active duty as a member of the requirements for such classified
the National Guard or of a reserve com- status and the agency desires so to
war.
606576-44
-2
(August 17, 1944)
198 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
recommend him. As to the require the effective date stated in the separa-
ments the employee must meet and the tion instrument, he is entitled to com-
submission of recommendations in such pensation fcr services actually ren-
cases, see notes on pages 232 and 265. dered-at least to the date he received
Whenever an employee enters the mil- official: notice of such administrative
itary service and he has no official ef- action.
ficiency rating as of the latest March As a general rule when an authorized
31, or any date thereafter, covering per- separation of an employee, by resigna-
formance in the grade of his position, tion or otherwise, becomes an accom-
an official special rating shall be made plished fact, it cannot thereafter be
to be used for salary advancement pur- rescinded by administrative action even
poses while the employee is in the mili- though the separating officer acted on
tary service (departmental circular No. misinformation or under an erroneous
474, March 14, 1944). As to earning of assumption, but the separation does not
within-grade salary advancements by become effective unless and until the em-
employees who have entered the armed ployee receives proper notice thereof (22
forces, see page 449. *
Comp. Gen. 291, September 30, 1942).
As to replacement of employees during As to cases where the error would in-
periods of leave, see notes on page 517.01. volve denial of accumulated and accrued
annual leave, see page 513.
EFFECTIVE DATE OF SEPARATION
See also notes on separation under
Cases in which action by two officers erroneous assumption that an employee
is involved. Where action by two offi-
is eligible for retirement, page 134.
cers is involved in the making of a sep-
Effect of acceptance of second office or
aration, the effective date of the separa position.-Where the holding of two
tion is governed by the date on which public offices is forbidden by a consti-
action was taken by the one in whom tutional or statutory provision, the ac-
the power of appointment is vested. If ceptance of a second office is regarded as
the subordinate merely has power to
a resignation or relinquishment of the
make recommendations or nominations,
first office; but where there is an ex-
and the actual appointing power is press statutory provision prohibiting the
vested in the superior, the date of incumbent of one office from accepting
action by the superior is controlling. On appointment to another, the incumbent,
the other hand, where the law provides in the absence of some affirmative action
for appointment of employees by one offi- effectively and legally terminating the
cer with the approval of another officer,
first office, may not legally be appointed
the approval of the separation when to another office, and any such attempted
given relates back to the date of action without legal effect (23 Comp. Gen. 173,
appointment or acceptance thereof is
by the subordinate officer (based on 17
September 6, 1943).
Comp. Gen. 369, October 28, 1937).
Effective date
See also note on “Withdrawal or post- letter accepting the resignation of an
of resignation.-A
ponement of resignation", page 199.
employee should state the definite date
Separation through error or on misin- of termination of the employment, tak-
formation.-Where an employee was in-ing into consideration the accumulated
voluntarily separated from service by and current accrued leave to the em-
the administrative office under the er-ployee's credit (21 Comp. Gen. 596, De-
roneous assumption that the field officecember 19, 1941). With respect to ex-
had recommended such separation, but tending the leave-with-pay period for
the employee did not in fact receive the purpose of granting sick, military
notice of the administrative action, and or jury leave, see note on “Granting of
continued to work for some time after leave other than annual leave," page 516.
!
(August 17, 1944)
POSITIONS EXCEPTED BY EXECUTIVE ORDER FROM
THE REQUIREMENTS OF THE CIVIL SERVICE ACT 1
Federal Power Commission. All positions concerned with carrying out func-
tions prescribed by Executive Order No. 8568, October 16, 1940, which provides for
the development of navigation and hydroelectric power in the International
Rapids Section of the St. Lawrence River.
Interior Department.-Positions necessary to carry out the provisions of Execu-
tive Order No. 8944, November 19, 1941, as modified by Executive Order 9366
of July 30, 1943, which authorizes and directs the Secretary of the Interior
tu enter upon, and take possession of, manage, and operate a project formerly
maintained by the Grand River Dam Authority, Vinita, Okla.; positions necessary
to carry out the provisions of Executive Order 9353 of June 19, 1943, which
provides for the disposal of electric energy generated at the Norfork Project in
the White River Basin, Arkansas and Missouri; positions necessary to carry out
the provisions of Executive Order 9366 of July 30, 1943, which relates to the opera-
tion and disposition of electric energy at the Denison Dam Project, Denison,
Texas.*
*War Refugee Board.—All positions (Executive Order 9417, January 22,
1944).*
1 See also Schedules A and B (pp. 292 to 818).
2 As a result of a transfer of functions from the Federal Works Agency to the Depart-
ment of the Interior by Executive Order 9373 of August 80, 1043, such of the positions
covered by the exceptions listed above as were originally in the Federal Works Agency
have now been transferred to the Department of the Interior. *The Norfork Dam and
Denison Dam projects are under the direction of the Southwestern Power Administration.
Funds for carrying out the functions vested in the Secretary of the Interior by Executive
Orders 9353, 9366, and 9373 have been appropriated by the act of June 28, 1944 (Public
Law 369, 78th Cong.).
319
(August 17, 1944)
POSITIONS EXCEPTED BY STATUTE FROM THE RE-
QUIREMENTS OF THE CIVIL SERVICE ACT
ENTIRE EXECUTIVE CIVIL SERVICE
Such positions paid from the Emergency Fund for the President provided by
the Independent Offices Appropriation Act, 1942 (55 Stat. 94, April 5, 1941), the
Third Supplemental National Defense Appropriation Act, 1942 (55 Stat. 818,
December 17, 1941), the First Supplemental National Defense Appropriation
Act, 1943 (56 Stat. 704, July 25, 1942), and the Second Supplemental National
Defense Appropriation Act, 1943 (56 Stat. 995, October 26, 1942), as the Presi-
dent may designate in the allocation of funds to any agency or in subsequent
action in connection therewith.8
Positions concerned with the purchase, transportation, or distribution of
agricultural, medical, and other supplies for the relief of refugees, and paid
from funds appropriated by section 40 of the act of June 26, 1940 (54 Stat. 627),
or from funds appropriated under the heading "Foreign War Relief" by the
act of December 17, 1941 (55 Stat. 810)."
Employment as common laborers only of nationals of the United States upon
any public work carried on for the national defense in the Territory of Hawaii
by the Government of the United States, whether the work is done by contract
or otherwise (55 Stat. 881, Jan. 2, 1942).
Positions filled by the detail of employees of the Foreign Service, or the
appointment or assignment of Ambassadors or Ministers, in accordance with
the provisions of the two acts quoted below under the heading "Department of
State."
*Employment paid from funds appropriated under the heading "Temporary
aid to enemy aliens and other restricted persons" in the Federal Security
Agency Appropriation Act, 1945 (Public Law 373, 78th Cong., June 28, 1944), and
made available to the agency by the Federal Security Administrator.* *
1 For notes on the making of exceptions to the Civil Service Act, see p. 223.
3 The unobligated portion of the contract authorization and unobligated balance of the
funds contained in the Independent Offices Appropriation Act, 1942, were continued avail-
able until June 30, 1943, by the Independent Ofices Appropriation Act, 1943 (56 Stat. 394,
June 27, 1942). The act of July 25, 1942, cited above, provided for the merging of the
funds appropriated by it with the funds appropriated by the Third Supplemental National
Defense Appropriation Act, 1942. The availability of the entire appropriation was con-
tinued until June 30, 1945, by the acts of July 12, 1943 (57 Stat. 431), and of June 28,
1944 (Public Law 375, 78th Cong.). *The latter act provides that no part of such fund
shall be available after June 30, 1944, for allocation to finance a function or project for
which function or project a budget estimate of appropriation was transmitted pursuant
to law during the Seventy-eighth or the Seventy-ninth Congress and such appropriation
denied after consideration thereof by the Senate and House of Representatives or by the
Committees on Appropriations of both bodies.*
* By the act of July 2, 1942 (56 Stat. 593), the unexpended balances of these appropria-
tions were consolidated and made one fund effective as of December 17, 1941, and the con-
solidated fund was made available until June 30, 1943. It was continued available until
June 30, 1945, by the acts of July 12, 1943 (57 Stat. 431), and of June 28, 1944 (Public
Law 375, 78th Cong.).
o This provision is effective for the duration of the national emergency declared by the
President on May 27, 1941, to exist.
* Excepted under terms of appropriation act. Appropriation available until June
30, 1945.*
320
$
(August 17, 1944)
POSITIONS EXCEPTED BY STATUTE
320.01
*Student nurses trained pursuant to the act of March 4, 1944 (Public Law 248,
78th Cong.), and transferred to Federal hospitals in the continental United
States, exclusive of Alaska, under authority of section 11 of that act, as added
by the act of March 4, 1944 (Public Law 248, 78th Cong.).'*
EXECUTIVE OFFICE OF THE PRESIDENT
Office of Censorship.-Temporary employment, within the limits of a $20,000
appropriation (Pụblic Law 372, 78th Cong., June 28, 1944).*
*Committee for Congested Production Areas.—Temporary employment of per-
sons or organizations, wy contract or otherwise, within the limits of a $15,000
appropriation (Public Law 372, 78th Cong., June 28, 1944).'
Office of Economic Stabilization.--Temporary employment of persons or organi-
zations, by contract or otherwise, within the limits of a $10,000 appropriation
(Public Law 375, 78th Cong., June 28, 1944).1
Committee on Fair Employment Practice.—Temporary employment of persons,
by contract or otherwise, within the limits of an $8,900 appropriation (Public
Law 372, 78th Cong., June 28, 1944).
Foreign Economic Administration.—Temporary employment of persons or or-
ganizations, by contract or otherwise, within the limits of a $100,000 appropria-
tion (Public Law 382, 78th Cong., June 30, 1944).12*
11
Under section 10 of the act of June 15, 1943 (Public Law 74, 78th Cong.), this act
sball cease to be in effect upon the date of the termination of hostilities in the present
war as determined by the President or upon such earlier date as the Congress by concurrent
resolution or the President may designate. For further notes concerning student nurses,
see page 228.*
8 Excepted under terms of appropriation act. Appropriation available until June 30,
1945.
* Excepted under terms of appropriation act. Appropriation available until December
31, 1944.
10 Excepted under terms of appropriation act. Appropriation available until June 30,
1945.
11 Excepted under terms of appropriation act. Appropriation available until June
30, 1945.
12 Excepted under terms of appropriation act. Appropriation available until June 30,
1945.
The Foreign Economic Administration includes the former Office of Economic Warfare,
which was transferred to it by Executive Order 9380 of September 25, 1943.*
(August 17, 1944)
321 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
13
10
Office of the Coordinator of Inter-American Affairs.-Officers and employees,
outside the continental limits of the United States, of corporations created or
caused to be created by the Coordinator primarily for operation outside the
continental United States; temporary employment of persons or organizations
by contract or otherwise, within the limits of a *$15,000* appropriation (Public
Law 372, 78th Cong., June 28, 1944.
*Petroleum Administration for War.–Personal services, within the limits of a
$425,000 appropriation (Public Law 372, 78th Cong., June 28, 1944)." *
Office of Price Administration.- Temporary employment of persons or organiza-
tions, by contract or otherwise, within the limits of a $30,000 appropriation
(Public Law 375, 78th Cong., June 28, 1944.) 16
Office of Scientific Research and Development.-Engineers, scientists, civilian
analysts, technicians, and other necessary professional personnel employed by
contract or otherwise (Public Law 372, 78th Cong., June 28, 1944).
Smaller War Plants Corporation.--Temporary employment of persons or organi-
zations, by contract or otherwise, for special services, within the limits of a
*$500,000* appropriation (Public Law 372, 78th Cong., June 28, 1944).17
Office of Strategic Services.—Positions compensated from an appropriation of
*$37,000,000* made by the National War Agency Appropriation Act, 1945 (Public
Law 372, 78th Cong., June 28, 1944).
Office of War Information.-Employment of persons outside the continental
limits of the United States; temporary employment in the United States, by
contract or otherwise, within the limits of a $75,000 appropriation (Public Law
372, 78th Cong., June 28, 1944."*
War Manpower Commission.-**Temporary employment, by contract or other-
wise, of persons to enable the Chairman of the War Manpower Commission to
promote and facilitate on-the-job training and maximum utilization of workers
by industries and activities essential to the war by affording training to super-
visory personnel (Public Law 373, 78th Cong., June 28, 1944).
Office of War Mobilization.-**Employment of persons or organizations, by
contract or otherwise, within the limits of a *$169,000* appropriation (Public
Law 372, 78th Cong., June 28, 1941).21
War Production Board._**Temporary employment of persons or organiza-
tions, by contract or otherwise, within the limits of a *$20,000* appropriation
(Public Law 372, 78th Cong., June 28, 1944).
*
*
*
18
20
18 Excepted under terms of appropriation act. Appropriation available until June 30, 1945.
14 Excepted under terms of appropriation act. Appropriation available until June 30,
1945. No part of the sum referred to may be used to compensate any person who has
been transferred from a classification pay status to an ungraded pay status.*
15 Excepted under terms of appropriation act. Appropriation available until June 30, 1945.
The provision of section 2 (b) of the Emergency Price Control Act of January 30, 1942,
(56 Stat. 25), that in selecting persons to administer regulations and orders establishing
maximum rents, the administrator shall consider recommendations made by State and
local officials, does not constitute an exception from the Civil Service Act and rules. Such
recommendations may be considered only insofar as they concern persons who are certified
in accordance with the Civil Service Act and rules (Commission's minute 3 of July 12, 1943).
16 Excepted under terms of appropriation act. Appropriation available until June 30, 1945.
17 Excepted under terms of appropriation act. Appropriation available until June 30, 1945.
18 Excepted under terms of appropriation act. Appropriation available until June 30, 1945.
10 Excepted under terms of appropriation act. Appropriation available until June 30, 1945.
20 Excepted under terms of appropriation act. Appropriation available until June 30, 1945.
71 Excepted under terms of appropriation act. Appropriation available until June 30, 1945.
» Excepted under terms of appropriation act. Appropriation available until June 30, 1945.
(August 17, 1944)
POSITIONS EXCEPTED BY STATUTE
322
War Shipping Administration.-Experts in marine insurance necessary for
carrying out the provisions of the act of April 11, 1912 (56 Stat. 216), relating
to war-risk insurance; *employment, on a contract or fee basis, of persons, firms,
or corporations for the performance of special services, including legal services
(Public Law 372, 78th Cong., June 28, 1944).”*
DEPARTMENT OF STATE
Positions filled by the assignment of employees of the Foreign Service in accord-
ance with the following provision of the act of June 28, 1944 (Public Law 365,
78th Cong.): “During the continuance of the present war and for six months
after its termination, American citizens holding positions in the Foreign Service
of the United States and who on account of emergent conditions abroad are
unable properly to serve the United States at their regular posts of duty may be
assigned to the Department of State to perform temporary services in that
Department or to be detailed for temporary services of comparable importance,
difficulty, responsibility, and value in any other department or agency of the
United States, in cases where there is found to be a need of services for the
performance of which such persons have the requisite qualifications. The
salaries of such persons shall, notwithstanding the provisions of any other law,
continue to be paid during the periods of such assignments from the appropria-
tions under the caption 'Foreign Service in the Department of State Appro-
priation Act for the fiscal year 1945."
Positions filled by the appointment or assignment of Ambassadors or Ministers
in accordance with the following provision of the act of June 28, 1944 (Public Law
365, 78th Cong.): “During the continuance of the present war and for six months
after its termination, any Ambassador or Minister whose salary as such is pay-
able from the appropriation 'Salaries, Ambassadors and Ministers' and who, prior
to appointment as Ambassador or Minister was legally appointed and served as a
diplomatic or consular officer or as a Foreign Service officer, and who, on account
of emergent conditions abroad, is unable properly to serve the United States at
his regular post of duty, or, on account of such emergent conditions abroad, it
shall be or has been found necessary in the public interest to terminate his
appointment as Ambassador or Minister at such post, may be appointed or as-
signed to serve in any capacity in which a Foreign Service officer is authorized
by law to serve, and, notwithstanding the provisions of any other law, the pay-
ment from such appropriation for the fiscal year 1945 of the salary of such oficer,
while serving under such assignment, is hereby authorized : Provided further,
That no person, while serving under such emergency appointment or assignment,
shall receive compensation in excess of $9,000 per annum while serving in the
continental United States or in excess of $10,000 per annum while serving else-
where."
*
*
*
*
*Personal services for participation by the United States, upon approval by the
President, in international activities which arise from time to time in the conduct
of foreign affairs and for which specific appropriations have not been provided
pursuant to treaties, conventions, or special acts of Congress, and paid from
funds appropriated under the heading "International conferences (emergency)”
in the Department of State Appropriations Act, 1945 (Public Law 365, 78th Cong.,
June 28, 1944).*
Emergency Advisory Committee for Political Defense.-All positions (57 Stat.
159, June 19, 1943).
3 Positions in the latter group are expected under terms of appropriation act.
Appropriation available until June 30, 1945.
24 Excepted under terms of appropriation act. Appropriation available until June 30,
1945.*
(August 17, 1944)
323 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
DEPARTMENT OF WAR
A
Temporary employment of persons (at not to exceed $25 per day) or organi-
zations, by contract or otherwise, within the limits of a $200,000 appropriation
(Public Law 374, 78th Cong., June 28, 1944), *plus unexpended balances of
funds appropriated for this purpose by the act of July 1, 1943 (57 Stat. 347).25*
Employment, by contract or otherwise, of the services of architects, engineers,
or firms or corporations thereof, and other technical and professional personnel
as may be necessary, "whenever, during the fiscal year ending June 30, 1945, the
Secretary of War should deem it to be advantageous to the national defense,
and if in his opinion the existing facilities of the War Department are inade-
quate” (section 9, Public Law 374, 78th Cong., June 28, 1944).
DEPARTMENT OF JUSTICE
Immigration and Naturalization Service.---Personnel, exclusive of attorneys,
within the limits of a $100,000 appropriation (Public Law 365, 78th Cong., June
28, 1944).
*
DEPARTMENT OF THE INTERIOR 27
Positions paid from the emergency fund, Territories and island possessions
(national defense), provided by the act of December 23, 1941 (55 Stat. 857).28
Members of the advisory committee to exercise consultative functions in con-
nection with the administration of the act of December 18, 1942 (56 Stat. 1056),
which provides for the establishment and operation of a research laboratory in
the Pennsylvania anthracite region."
*
*
*
*
*
Solid Fuels Administration for War.-A Deputy Administrator at not to exceed
$10,000 per annum and not to exceed *28* technical employees (Public Law 369,
78th Cong., June 28, 1944).30
Bituminous Coal Division.—Members of district boards (50 Stat. 76, April 26,
1937; 15 U. S. C. 1940 ed. 832).
*
*
*
26 Excepted by terms of appropriation act. Appropriation available until June 30, 1945.
20 Excepted under terms of appropriation act. Appropriation available until June 30,
1945.
27 See page 321 for Petroleum Administration for War, formerly carried under tbis
heading.
28 Excepted under terms of appropriation act. Appropriation available for the duration
of the unlimited national emergency declared by the President on May 27, 1941.
29 This committee, which is to consist of not more than six members, is to be composed
of representatives of anthracite coal-mine owners, of representatives of anthracite coal-
inine workers, and the public in equal number.
30 Excepted under terms of appropriation act. Appropriation available until June 30,
1945.
$
(August 17, 1944)
POSITIONS EXCEPTED BY STATUTE
324
Bureau of Indian Affairs.-Legal counsel employed by an Indian tribe or
tribal council (48 Stat. 987, June 18, 1934; 25 U. S. C. 1940 ed. 476).31
Bureau of Mines.-Members of the advisory committee to exercise consultative
functions in connection with the administration of the act of May 7, 1941 (55 Stat.
179), which relates to certain inspections and investigations in coal mines for the
purpose of obtaining information relating to health and safety conditions,
accidents, and occupational diseases therein ;32 *temporary employment of engi-
neers, architects, or firms or corporations thereof, by contract or otherwise,
within the limits of a $75,000 appropriation, for the purposes set forth in the
item "Investigation of raw material resources for steel production (national
defense)," in the act of June 28, 1944 (Public Law 369, 78th Cong., June 28,
1944); 33 temporary employment of engineers, architects, or firms or corporations
thereof, by contract or otherwise, within the limits of a $30,000 appropriation, for
the purpose of designing and constructing buildings and plant units in connec-
tion with the production of alumina from low-grade bauxite, aluminum clays and
alunite (Public Law 369, 78th Cong., June 28, 1944) ; 93 temporary employment of
engineers, architects, or firms or corporations thereof, by contract or otherwise,
within the limits of a $30,000 appropriation, for the purpose of designing and
constructing buildings and pilot plants in connection with the conduct of inves-
tigations and development of methods for the recovery of magnesium from domes-
tic raw materials (Public Law 369, 78th Cong., June 28, 1944).8
*
*
*
*
Puerto Rico Reconstruction Administration.-All positions paid from the re-
volving fund provided for by the act of February 11, 1936 (49 Stat. 1135).
Bureau of Reclamation.-Services or labor of prisoners of war, enemy aliens,
and American-born Japanese who are in the control of the Federal Government,
utilized in connection with the construction, operation, and maintenance of Fed-
eral reclamation projects, water conservation and utilization projects, Indian irri-
gation projects, and related work, subject to the approval of, and regulation by,
the War Department or other Federal agency having control over such persons
(Public Law 369, 78th Cong., June 28, 1944).34
89
DEPARTMENT OF AGRICULTURE
Positions paid from the appropriations contained in the Department of Agri-
culture Appropriation Act, 1945 (Public Law 367, 78th Cong., June 28, 1944), under
the heading "Loans, Grants, and Rural Rehabilitation."
Persons appointed to carry out the provisions of the act of March 5, 1942 (56
Stat. 126), which provides for the planting of guayule and other rubber-bearing
plants.
Bureau of Animal Industry.-Persons appointed to make examinations and
inspections of meat and meat food products under the act of June 10, 1942 (56
Stat. 351), which provides for the making of such inspections in slaughtering,
meat-canning, salting, packing, rendering, and similar establishments which are
81 The term “tribe" refers to "any Indian tribe, organized band, pueblo, or the Indians
residing on one reservation."
32 The committee is to be composed of representatives of coal-mine owners and of repre-
sentatives of coal-mine workers in equal number (55 Stat. 179, May 7, 1941),
*
*
*
*
*
83 Excepted under terms of appropriation act. Appropriation available until June 30,
1945.
84 Excepted under terms of appropriation act. Appropriation available until June 30,
1945.
(August 17, 1944)
325 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
not subject to the Meat Inspection Act, upon application for Federal inspection
by such establishment.35
Federal Farm Mortgage Corporation.-All positions (48 Stat. 344, January 31,
1934; Public Law 367, 78th Cong., June 28, 1944; 12 U. S. C. 1940 ed. 1020).
National Arboretum.-Consulting landscape architects, *within the limits of a
$2,500 appropriation* (Public Law 367, 78th Cong., June 28, 1944).84
DEPARTMENT OF COMMERCE
.
*Temporary employment of persons or organizations, by contract or otherwise,
within the limits of a $10,000 appropriation, for special services in connection with
the administration of the agencies placed under the supervision of the Secretary
of Commerce by section 402 of Reorganization Plan No. I and Executive Order
No. 9071 of February 24, 1942 (Public Law 365, 78th Cong., June 28, 1944).37
Bureau of the Census.—Personnel required for preparation for, taking, com-
piling, and publishing the quinquennial census of agriculture of the United States
(Public Law 216, 78th Cong., December 23, 1943; Public Law 365, 78th Cong.,
June 28, 1944).** *
DEPARTMENT OF LABOR
Bureau of Labor Statistics.—Temporary employment of experts, in relation to
the national security and defense, within the limits of a $15,000 appropriation
(Public Law 373, 78th Cong., June 28, 1944).*
Wage and Hour Division.-Industry committees (52 Stat. 1062, June 25, 1938;
29 U. S. C. 1940 ed. 205).
[For exceptions in American Battle Monuments Commission, Board
of Investigation and Research (Transportation), and Federal Com-
munications Commission, which formerly appeared on this page, see
page 326.01. The exception for the United States Employees' Com-
pensation Commission has been dropped.]
36 The act cited provides that persons appointed under this excepting provision “shall be
regarded as holding war-service appointments, under Executive Order 9063.” The Commis-
sion interprets this clause as meaning that the Secretary of Agriculture is authorized to make
such appointments without reference to the Commission other than reporting the appoint-
ments as having been made under Executive Order 9063 (Commission's minute 4 of July 2,
1942).
The functions of the Bureau'of Animal Industry of the Agricultural Research Administra-
tion concerned primarily with regulatory activities were consolidated in the Food Distribu-
tion Administration of the Department of Agriculture by Executive Order No. 9280 of
December 5, 1942. The Food Distribution Administration was consolidated with other
agencies of the Department of Agriculture to form the War Food Administration by Execu-
tive Order 9322 of March 26, 1943, as amended by Executive Order No. 9334 of April 19,
1943.
86 Excepted under terms of appropriation act. Appropriation available until June 30, 1945.
* 37 Excepted under terms of appropriation act. Appropriation available until June 30,
1945. The agencies placed under the supervision of the Secretary of Commerce by the
authorities cited were : The Reconstruction Finance Corporation; Electric Home and Farm
Authority ; RFC Mortgage Company; Federal National Mortgage Association ; Disaster Loan
Corporation; Export-Import Bank of Washington ; Defense Plant Corporation; Rubber
Reserve Company; Metals Reserve Company; Defense Supplies Corporation; and War
Insurance Corporation.
28 Excepted under terms of appropriation acts. Appropriations available until December
31, 1946.*
* Excepted under terms of appropriation act. Appropriation available until June 30, 1945.
(August 17, 1944)
t
9
POSITIONS EXCEPTED BY STATUTE
326
FEDERAL SECURITY AGENCY
41
Office of the Administrator.–Persons employed temporarily by contract or
otherwise, for special services determined by the Administrator to be necessary,
within the limits of a $2,500 appropriation (Public Law 373, 78th Cong., June 28,
1944) ; tº temporary employment of persons, by contract or otherwise, to carry out
the functions transferred to the Federal Security Administrator from the Office
of Defense Health and Welfare Services by Executive Order No. 9338 of April
29, 1943 (Public Law 373, 78th Cong., June 28, 1944) *personnel required for
the purpose of liquidating the affairs of the National Youth Administration (Pub-
lic Law 216, 78th Cong., December 23, 1943; Public Law 373, 78th Cong., June 28,
1944).“
Public Health Service.-Commissioned oficers both of the Regular Corps and
of the Reserve Corps; special consultants employed in accordance with the
regulations to assist and advise in the operations of the Service; individual
scientists 'designated to receive fellowships; members of the National Advisory
Health Council ;48 members of the National Advisory Cancer Council (sections
203, 208, and 217 of the Public Health Service Act, Public Law 410, 78th Cong.,
July 1, 1944).*
Social Security Board.—Personal services in connection with the procurement
of information relating to the death of individuals entitled to benefits, receiving
benefits, or upon whose death some other individual may become entitled to bene-
fits, under title II of the Social Security Act, as amended, from the proper State
and local officials (Public Law 373, 78th Cong., June 28, 1944)."
*Office of Vocational Rehabilitation.—Temporary employment of specialists in
the fields of medicine and surgery, by contract or otherwise, within the limits of
a $3,000 appropriation (Public Law 373, 78th Cong., June 28, 1944).***
FEDERAL WORKS AGENCY
*Office of the Administrator.–Temporary employment of persons or organiza-
tions, by contract or otherwise, for special services, within the limits of a $4,000
appropriation (Public Law 358, 78th Cong., June 27, 1944).*
Public Buildings Administration.- Personal services in connection with the
emergency safeguarding from subversive hostile acts and overt acts of aggres-
40 Dxcepted under terms of appropriation act. Appropriation available until June 30,
1945.
41 Excepted under terms of appropriation act. Appropriation available until June 30,
1945.
** Excepted under terms of appropriation acts. Appropriations available until June 30,
1945. Under the terms of the act, the appropriation is not available for the payment of
any person at a rate exceeding the rates applicable to classification grade CAF-13 or its
equivalent.
13 The ten appointed members of the National Advisory Health Council "shall be
persons, not otherwise in the employ of the United States, skilled in the sciences relating
to health" (section 217 of the act of July 1, 1944, Public Law 410, 78th Cong. ).
* The six appointed members of the National Advisory Cancer Council “shall be selected
from leading medical or scientific authorities who are outstanding in the study, diagnosis,
or treatment of cancer" (section 217 of the act of July 1, 1944, Public Law 410, 78th
Cong...*
46 Excepted under terms of appropriation act. Appropriation available until June 30,
1945.
*46 Excepted under terms of appropriation act. Appropriation available until June 30,
1945.
* Excepted under terms of appropriation act. Appropriation available until June 30,
1945.
(August 17, 1944)
326.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
sion or depredation of (1) Federal buildings and leased quarters wholly occupied
by the Government (except those under the control of the War and Navy Depart-
ments); (2) administrative buildings of the government of the District of
Columbia; (3) utilities that are necessary for the operation of such buildings;
and (4) records, valuable materials, and other property of the United States
(56 Stat. 235, April 28, 1942). 48
*Public Roads Administration.—Temporary employment, by contract or other-
wise, within the limits of a $15,000 appropriation, of technical consultants and
experts (Public Law 358, 78th Cong., June 27, 1944).48
NATIONAL HOUSING AGENCY
Office of the Administrator.—Temporary employment of persons or organiza-
tions, by contract or otherwise, for legal or other special services, within the limits
of a $5,000 appropriation (Public Law 358, 78th Cong., June 27, 1944)."
Federal Public Housing Authority.-Temporary employment of persons or or-
ganizations, by contract or otherwise, for legal or other special services (Public
Law 358, 78th Cong., June 27, 1944)." *
INDEPENDENT ESTABLISHMENTS
American Battle Monuments Commission.-Services of architects, firms of
architects, and other technical and professional personnel (Public Law 358, 78th
Cong., June 27, 1944).62
*American Commission for the Protection and Salvage of Artistic and Historic
Monuments in War Areas.- Temporary employment of persons or organizations,
by contract or otherwise, within the limits of a $15,000 appropriation (Public
Law 375, 78th Cong., June 28, 1944).53*
Board of Investigation and Research (Transportation).- Temporary employ-
ment, by contract or otherwise, of persons or organizations, within the limits
of an appropriation of $10,000 plus unexpended balances of corresponding appro-
priations in previous acts (Public Law 90, 78th Cong., June 26, 1943).
*Office of Contract Settlement.-One Deputy Director; certified public ac-
countants, qualified cost accountants, industrial engineers, appraisers, and other
experts; members of the Appeal Board 66 (sections 4 (d) and 13 (d) of the
Contract Settlement Act of 1944, Public Law 395, 78th Cong., July 1, 1944).*
Federal Communications Commission.- Temporary employment of persons or or-
ganizations, by contract or otherwise, within the limits of a *$40,000* appro-
priation, to perform functions related to national defense (Public Law 358, 78th
Cong., June 27, 1944).60
64
48 Excepted under terms of appropriation act. Appropriation available for duration of
the emergency declared by the President May 27, 1941,
* 19 Excepted under terms of appropriation act. Appropriation available until June
30, 1945.
60 Excepted under terms of appropriation act. Appropriation available until June 30,
1945.*
61 Excepted under terms of appropriation act. Appropriation available until June 30, 1945.
52 Excepted under terms of appropriation act. Appropriation available until June 30, 1945.
*33 Excepted under terms of appropriation act. Appropriation available until June
30, 1945.
5. Excepted under terms of appropriation act. Appropriation available until September
18, 1944.
*56 Under section 13 (d) of the Contract Settlement Act of 1944, the members of the
Appeal Board shall be qualified and experienced attorneys, engineers, accountants, or persons
possessing sufficient business experience or professional skill.*
88 Excepted under terms of appropriation act. Appropriation available until June 30, 1945,
or until the expiration of 60 days after the cessation of hostilities, or conclusion of an
armistice, between the United States and the principal enemy powers.
(August 17, 1944)
POSITIONS EXCEPTED BY STATUTE
327
United States Maritime Commission.-Personnel engaged in the maintenance,
repair, operation, or management of plants or facilities used for emergency ship
construction under the act of February 6, 1941 (55 Stat. 6), under the act of
August 25, 1941 (55 Stat. 682), or under the act of March 5, 1942 (56 Stat. 131);
temployment by contract or otherwise of persons, firms, or corporations for the
performance of legal and other special services, within the limits of a $469,500
appropriation (Public Law 358, 78th Cong., June 27, 1944).57*
National Advisory Committee for Aeronautics.-Temporary employment of con-
sultants, at not to exceed $50 per diem, by contract or otherwise, within the
limits of a $2,500 appropriation (Public Law 358, 78th Cong., June 27, 1944). S
National Archives Trust Fund Board.--All positions (55 Stat. 582, July 9, 1941).
Tennessee Valley Authority.--All positions (48 Stat. 59, May 18, 1933; 54
Stat. 1211, November 26, 1940 ; 16 U. S. C. 1940 ed. 831b).
Thomas Jefferson Bicentennial Commission.-An historian, an executive secre-
tary, and such assistants as may be needed for stenographic, clerical, and expert
service, within a $15,000 limitation (56 Stat. 729, July 30, 1942).50
*Veterans' Administration.-Medical consultants (Public Law 358, 78th Cong.,
,
June 27, 1944).Ҽ *
American Mexican Claims Commission.---A secretary, legal, clerical, and techni-
cal assistants (56 Stat. 1058, December 18, 1942). 01
* 57 Excepted under terms of appropriation act. Appropriation available until June
30, 1945.*
68 Excepted under terms of appropriation act. Appropriation available until June 30, 1945.
69 Excepted under terms of appropriation act. Appropriation available until expended.
* Excepted under terms of appropriation act. Appropriation available until June
30, 1945.*
61 Under the terms of the act, the authority of the Commission expires two years after
the date on which a majority of its members first appointed take office.
(August 17, 1944)
EXTENSION OF THE COMPETITIVE CLASSIFIED CIVIL
SERVICE UNDER THE “RAMSPECK ACT
[NOTE.—This chapter has been retained for its value in connection with the
classification under section 6 of Executive Order No. 8743 (see page 330) of former
employees returning from active service in the armed forces. The deadline for
submitting original recommendations for classification in other cases is long
since past; accordingly, material which would not be needed in action on cases
under section 6 of Executive Order No. 8743 has been dropped, with few excep-
tions. In isolated cases, where amendatory, retroactive, or nunc pro tunc action
is involved, users of this pamphlet may find a more detailed presentation neces-
sary; in such cases, they should refer to pages 152 to 167 of the November 30, 1941,
edition of the Civil Service Act and Rules. Certain material which formerly
appeared in this chapter has been transferred elsewhere, in accordance with the
more functional arrangement of the book; thus material on the filling of attorney
positions under section 3 of Executive Order No. 8743, as amended, will be found
on page 169, and material on the reinstatement of former legislative employees
under section 2 (b) of the Ramspeck Act will be found on page 134.]
TITLE I OF THE “RAMSPECK ACT" 1
[Public, No. 880, 76th Congress, November 26, 1940; 54 Stat. 1211; 5 U. S. C.
1940 ed. 631a, 631b]
That notwithstanding any provisions of law to the contrary, the
President is authorized by Executive order to cover into the classified
civil service any offices or positions in or under an executive depart-
ment, independent establishment, or other agency of the Government:
Provided, That in the case of any federally owned and controlled
corporation organized under the laws of any State, Territory, or
possession of the United States (including the Philippine Islands),
or the District of Columbia, the President is authorized to direct
that such action be taken as will permit appointments to offices or
positions in any such corporation to be made in accordance with the
civil-service laws, consistently with the laws of any such State, Terri-
tory, or possession, or the District of Columbia, or with the charter
or articles of incorporation of any such corporation: 2 Provided
1 Title II of the “Ramspeck Act” has been omitted in view of the fact that it relates
primarily to the extension of the Classification Act of 1923, as amended, to positions not
previously subject to that act. Section 7 of title II, which relates to the review of efficiency
ratings, is quoted on p. 403 of this pamphlet. Section 8 of title II fixes the compensation
of the Civil Service Commissioners at $10,000 each per annum, and the compensation of
the Executive Director and Chief Examiner at $9,500 per annum,
* The Attorney General had previously held in an opinion of January 10, 1939, that the
President has the authority to cover into the competitive classified civil service, by Execu-
tive order, positions in corporations wholly owned and controlled by the Government not
already in such service and not exempted from it by statute (39 Op. Atty. Gen. 238, January
16, 1939).
328
.
LEAVE OF ABSENCE
515
*The Labor-Federal Security Appro- are not regarded as Federal employees)
priation Act, 1945 (Public Law 373, who resign while serving with the co-
78th Cong., June 28, 1944), provides operating agency to accept non-govern-
funds for payment of accumulated and mental work, or who are inducted into
accrued leave to employees of the Na- | the active military or naval forces, may
tional Youth Administration who have not be restored to Federal positions
not liquidated such leaves by June 30, solely for the purpose of granting ac-
1944, and to personnel employed for cumulated annual leave earned by them
liquidation of that Administration.*. under their previous Federal employ-
Separation following suspension.- ment (23 Comp. Gen. 277, October 16,
Where an employee was suspended 1943).
from duty and pay pending investiga- Employee retired for age.-See notes
tion of charges and it is decided to ac- on page 503.01.
cept his resignation without prejudice, Acceptance of employment with in-
his separation is voluntary and his ternational agency. The receipt of com-
resignation may be accepted effective pensation for terminal annual leave
at the expiration of his accrued an- from a Federal agency concurrently
nual leave (17 Comp. Gen. 806, April with receipt of compensation as an em-
2, 1938).
ployee of an international agency (such
Employee to be separated because of as the United Nations Relief and Re-
incapacity due to pregnancy.-An em habilitation Administration) would not
ployee who is to be separated or fur- contravene the dual-compensation stat-
loughed without pay from the service ute of 1916 (see page 426) if the funds
primarily because of incapacity for provided for the participation of the
duty by reason of pregnancy and con- United States in such agency are to be
finement is entitled to be granted all intermingled with grants made by other
of her accrued annual and sick leave nations and thus lose their status as
prior to the separation or furlough, pro- Federal funds (23 Comp. Gen. 744,
vided, as required by the regulations, April 1, 1944).
application is made for such leave and Resignation to accept employment
the sick leave application is accom- with State Government.-A Federal em-
panied by the certificate of a practicing ployee whose resignation from a Fed-
physician (22 Comp. Gen. 533, December eral position was tendered on the same
14, 1942).
day that he accepted employment under
Cooperative employees of the Depart. a State government may be paid for
ment of Agriculture.-Cooperative em- accrued annual leave for a period be-
ployees employed under the supervision yond the acceptance of such employ-
and control of the Department of Ag-ment where his resignation was ac-
riculture for half of the year (during cepted as tendered effective at the ter-
which period they are regarded as Fed- mination of the period of earned leave
eral employees) and under the super- (16 Comp. Gen. 776, February 19, 1937).
vision and control of a State or other As to recrediting of leave upon reem-
cooperating agency for the remainder ployment in a Federal position, see
of the year (during which period they | notes on page 497.01.
(August 3, 1944)
516 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
cases.
an
Acceptance of private employment.-30, 1906 (34 Stat. 763), which requires
A Federal employee may be paid the the forfeiture of one day's pay for unau-
compensation of his position during a thorized absence on the 31st day of the
period of annual leave when he is em- month, is not applicable to employees
ployed by a private employer (includ- who are separated from the service on
ing the American National Red Cross), the 30th day of a 31-day month (5
even though such employer is engaged Comp. Gen. ,904, May 11, 1926).
on work under a contract with the Gov- Where an employee paid on an annual
ernment, provided the salary in the basis for every day of the year, in-
private employment does not constitute cluding Sundays and holidays, is grant-
a contribution toward Federal salary ed accumulated annual leave ending at
in contravention of the act of March 3, the close of business on a Saturday,
1917 (see page 439). The dual-compen- or the day preceding a holiday, and
sation statutes do not apply to such furlough without pay for the purpose
Where, due to an administrative of entering the Women's Army Corps
error resulting from a misunderstand is administratively approved in ad-
ing of the requirements of the dual- vance to begin on the next following
compensation statutes, employee duty day, the employee is entitled to
with annual leave to his credit applied compensation for the Sunday or holi-
for and was granted leave without pay day intervening between the expira-
during a period of employment with a tion of annual leave and the beginning
Government contractor, the annual of the period of furlough without pay
leave may be substituted, retroactively (22 Comp. Gen. 581, January 1, 1943).
effective, for a corresponding period of Special termination leave.-Special
the leave without pay. Where he re-termination leave granted to employees
signed to accept such employment, he in excess of unused accumulated and
may be paid for accrued annual leave accrued leave to which employees are
for a period beyond the acceptance of entitled under the annual leave act of
such employment if his resignation was March 14, 1936, or Presidential regula-
accepted as tendered effective at the tions issued thereunder, will be regard-
termination of the period of earned | ed as "unaccrued leave advanced” and
leave (16 Comp. Gen. 776, February 19, charged to future accruals of leave
1937; 20 Comp. Gen. 488, February 27, earned while employed in another Fed-
1941; 22 Comp. Gen. 178, September eral agency (16 Comp. Gen. 611, Decem-
3, 1942; 23 Comp. Gen. 305, October 23, ber 22, 1936).
1943).
Substitution of leave with pay for
Additional accumulated leave made periods of nonpay status. -See notes,
available retroactively by statute.--In page 504.
the case of employees now in the serv- Payment of overtime on terminal an-
ice, the effective date of a proposed nual leave.-Persons who are being paid
termination or the beginning of leave for accumulated annual leave pending
of absence without pay should be termination are entitled to overtime
changed in order to grant the employees compensation under the War Overtime
the additional accumulated annual Pay Act of 1943 on such period of leave
leave to which they are entitled by the if they would have been entitled to such
act of March 14, 1936, 49 Stat. 1161, as overtime had they remained in the sery-
amended by the act of December 17, | ice (22 Comp. Gen. 810, February 16,
1942, 56 Stat. 1052 (22 Comp. Gen. 810, 1943).
February 16, 1943).
*Granting of leave other than annual
Computation of amount of terminal leave.—Under section 2.4 of the Annual
-
(August 3, 1944)
JK
633CIVIL SERVICE ACT AND RULES TRANSMITTAL SHEET NO. 10
-A22
August 31, 1944
These sheets should be torn or cut apart along
the perforations. They should then be substituted
as shown on the back of this page for pages of the
loose-leaf edition of the "Civil Service Act and
Rules." The steps in making the insertions are ex-
plained on page Xx of the introductory chapter, "How
to Use This Book. The date of this transmittal
sheet and the date of filing should then be noted on
the "Filing Record" at the front of the book, and
this page should be filed immediately behind Trans-
mittal Sheet No. 9.
When this filing is completed, pages 1 to 54,
75 to 80, 123 to 135, 185 to 208, 291 to 365, and
447 to 525 will be up to date as of August 31, 1944.
Remarks
on
Additions have been made on pages 202, 202.01,
203, 204, 207.01, 207.02 to 207.08, and 464.01.
Changes have been made on pages 2, 200, 200.01,
201, 203, 203.01, 204.01, 205, 206, 207, and 316.
It is believed that the nature of all changes
will be obvious upon comparison of the old with the
new pages.
Any persons who may be using the Act and Rules
for training purposes will probably find it helpful
to begin with the definitions of terms pages
207.02 to 207.08 and to work from them to related
parts of the book by means of the footnotes.
The second paragraph of each transmittal sheet
lists the pages which are up to date. Until the on-
tire book is up to date there will be some cross-
references to portions of the book which are not yet
up to date. Users should remember that some changes
which have not yet been reflected may have occurred
in those portions of the book. In general, the sec-
tions which have changed most are being brought up
to date first.
607512-44--1
TRANSMITTAL SHEET NO. 10 (AUGUST 31, 1944)
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Note.--Pages of the October 31, 1943, edition bear no
edition date in the lower outside corner.
II
birisiTaD BY THE
UNITED STATES OF AMERICA
10-5.44
THE POWER OF APPOINTMENT
CONSTITUTION OF THE UNITED STATES
Article II, Section 2, Paragraph 2
*
He [the President] shall nominate, and, by and with the
advice and consent of the Senate, shall appoint ambassadors, other
public ministers and consuls, judges of the Supreme Court, and all
other officers of the United States whose appointments are not herein
otherwise provided for, and which shall be established by law; but
the Congress may by law vest the appointment of such inferior officers
as they think proper in the President alone, in the courts of law, or
in the heads of departments.
1
NOTES ON THE POWER OF APPOINTMENT
Appointment of subordinate officers.-- | pointment is not specifically provided
"The general rule deducible from this for, are properly to be regarded as clerks
provision (art. II, sec. 2, of the Consti- rather than as officers and as coming
tution) is that, in the absence of an within the provisions of section 169 of
express enactment to the contrary, the the Revised Statutes (29 Op. Atty. Gen.
appointment of any officer of the United 117, June 1, 1911). Section 169 of the
States belongs to the President by and Revised Statutes, as amended by an act
with the advice and consent of the Sen. of June 26, 1930 (46 Stat. 817; 5 U. S. C.
ate" (29 Op. Atty. Gen. 117, June 1, 1940 ed. 43), provides as follows: "There
1911). Congress has power to dis- is authorized to be employed in each ex-
tribute, at its pleasure, the appointment ecutive department, independent estab-
of inferior officers between the Presi-lishment, and the municipal government
dent, courts of law, and heads of depart of the District of Columbia, for services
ments, or to vest such appointments in the District of Columbia and else-
exclusively in one or two of those de-where, such number of employees of the
positaries; but it has no power to vest various classes recognized by the Classi-
appointment elsewhere, directly or in- fication Act of 1923, amended
directly (13 Op. Atty. Gen. 516, August (U. S. C., title 5, ch. 13), as may be
31, 1871).
appropriated for by Congress from year
Appointment of employees.—Officers to year: Provided, That the head of any
whose appointment is not specifically department or independent establish-
provided for are to be appointed by the ment may delegate to subordinates,
President and confirmed by the Senate under such regulations as he may pre-
if their designations are such as to in- scribe, the power to employ such persong
dicate that they are to perform all the for duty in the field services of his de-
duties which might be performed by a partment or establishment.”
Presidential officer. Certain technical Delegation of the appointing power.-
employees, the manner of whose ap- The Comptroller General has held that
as
1 The Attorney General has held (37 Op. Atty. Gen. 227. August 12, 1933) that the
Civil Service Commission is a "department" within the meaning of the Constitution.
1
2
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
ro? The hend of any Government agency
or
"the appointing power in the various | 1944; section 702 of the act of June 28,
executire departments and bureaus 1944, Public Law 373, 78th Cong. ; Pub-
thereof is vested in the head of the lic Law 375, 78th Cong., June 28, 1944;
department by section 169, Revised Public Law 382, 78th Cong., June 30,
Statutes [supra), and in the absence 1944). (The President has directed, in
of specific statutory authority therefor Executive Order 9471 of August 25,
may not be delegated to a subordinate" 1944, that the Division of Central Adi-
(9 Comp. Gen. 20, July 22, 1929, citing ministrative Services shall be termi-
26 Dec. Comp. Trens. 444, December 4, nated.)
1919; 27 Dec. Comp. Treus. 656, January The Secretary of the Interior muy
28, 1921 ; 21 Op. Atty. Gen. 356, May 26. delegate to any official in the Wir Re-
1896; 4 Comp. Gen, 075, February 9, location Authority the authority to
192,5 ; ond Burnap v. United States, 1920, make appointments of personnel, or to
252 U. S. 512). The proviso in section make other determinations necessary
16.), ils amended, permitting delegation for the conduct of administrative man-
of the power of appointment in the field, ngement within the agency, or both
does not extend to appointments in the (Public Law 372, 78th Cong., June 28,
departmental service in the District of 1944).
Columbia. The authority to make pro-
motions, unless otherwise provided by may delegate any authority and dis-
statute, is subject generally to the same cretion conferred upon him his
rules us to delegation as the authority agency by or pursuant to the Contract
to make original appointments. (See 20 Settlement Act of 1944 (Public LW 3:35,
Comp. Gen. 27, July 16, 1940.) (With 78th Cong., July 1, 1944) to any officer,
respect to delegation of appointing agent, or employee of his agency or to
power to the assistant secretaries of any other Government agency, and may
the various departments, see 20 Comp. authorize successive redelegations of
Gen. 27, July 16, 1940.)
such authority and discretion (section
*Besides the general statute as to 23 of the Contract Settlement Act,
delegation of the appointing power for cited above).*
the field service, quoted above, there Meaning of term “appointing ofi-
are various special provisions authoriz-cer.”—In accordance with the laws and
ing delegation of the appointing power rulings set forth in the preceding note,
in specific cases, or in specific agencies. some heads of agencies have delegated
Among the more important of these the appointing power itself to certain
authorities are the following:
field officials, who are therefore "ap-
The head of any constituent agency pointing officers” in the strict sense of
of the Office for Emergency Manage- the word. Others have merely dele-
ment, and the heads of the War Mun-gated to such officials the power to nomi-
power Commission, the Office of Eco- nate persons for appointment by the
nomic Stabilization, the Office of Price head of the agency. In many cases ap-
Administration, and the Foreign Eco- pointing power has been delegated only.
nomic Administration, muy delegate to with respect to certain classes of posi-
any official in their respective agencies tions. There is little unifornrity as to
or in the field offices of the Division of delegation among the various agencies.
Central Administrative Services the au- As to submission of requests for civil-
thority to make appointments of per- service authorities by field appointing
sonnel, and may delegate to any official officers, see notes on page 17.
in their respective agencies the author- Power to contract for personal serv-
ity to make other determinations neces-ices.--The objection to contracting
sary for the conduct of the adminis- with a firm or a third party for personal
Brative inanagement within the agency services is not based upon the act of
(Public Law 372, 78th Cong., June 28, August 5, 1882 (22 Stat. 255; 5 U. S. C.
(August 31, 1944)
POWER OF APPOINTMENT
3
1940 ed. 46), but upon the fact that | 388, October 28, 1941; 21 id. 486, Novem-
such contracts delegate to the contrac-ber 27, 1941; and decisions, Comptroller
tor the right to select persons to render General, May 16, 1027, January 6, 1937,
services for the Government which May 18, 1937, February 16, 1942, and
would be in contravention of section December 21, 1942). (With respect to
169, Revised Statutes, as amended by interpretation of provisions of law
the act of June 26, 1930, 40 Stat. 817, authorizing employment by contract, see
which requires that all appointments notes on page 225.)
of officers and employees be made by the Section 1753 of the Revised Stat-
head of the department or agency, or, utes.--For the full text of this section,
with respect to field service, by a sub- which authorizes the President to pre-
ordinate officer to whom that duty has scribe regulations concerning appoint-
been delegated. (See page 1.) Also, the ment, see pige 4.
services rendered by the contractor's Constitutionality of restrictions upon
employees would not be subject to direct the power of appointment.--An act of
supervision such as is generally exer. Congress or a rule promulgated by the
cised over Federal employees.
President may require that the selec-
Where services are exclusively per- tion shall be made from persons found
sonal, i.e., where the Government agency by an examining board to be qualified
furnishes all supplies and equipment, in such particulars as diligence, scholar-
leaving nothing but the labor of the ship, integrity, good manners, and at-
individunl to be furnished, the matter | tachment to the Government. The ap-
is one for performance by Government pointing power would still have scope
employees, either whole or part time, for the exercise of its own judgment
who must be appointed in accordance and will.
with the civil service rules and regula-
Congress cannot restrict the choice of
tions unless specifically exempted there the head of a department to the point
from. Where all supplies and equipment, where he would have no choice, but it
as well as labor are to be furnished
is not unconstitutional for an examining
by contract, services may, under cer-
board to furnish a certain number of
tain circumstances and subject to cer-
tain limitations, be procured through names obtained by a test from which
contract on a non-personal service basis the head of a department shall make
(based on 22 Comp. Gen. 700, Innunry selections (13 Op. Atty. Gen. 516, August
25, 1943, which cites 6 Coinp. Gen. 180, 31, 1871).
September 4, 1020; 6 id. 47-4, January
For other decisions as to the extent of
15, 1927; 13 id. 351, May 15, 1934; 15 the authority of the President and the
id. 951, Mny 2, 1930 ; 17 id. 300, October Commission to restrict the power of ap-
4, 1937; 19 id. 849, April 10, 10:10; 21 id. I pointment, see notes on page 224.
.
AUTHORITY FOR THE CIVIL SERVICE RULES AND
REGULATIONS
SECTION 1753 OF THE REVISED STATUTES
[Act of March 3, 1871, 16 Stat. 514; 5 U. S. C. 1940 ed. 631]
The President is authorized to prescribe such regulations for the
admission of persons into the civil service of the United States as
may best promote the efficiency thereof, and ascertain the fitness of
each candidate in respect to age, health, character, knowledge, and
ability for the branch of service into which he seeks to enter; and
for this purpose he may employ suitable persons to conduct such
inquiries, and may prescribe their duties, and establish regulations
for the conduct of persons who may receive appointments in the civil
service.
CIVIL SERVICE ACT
1
AN ACT To regulate and improve the civil service of the United States (Act of
January 16, 1883, 22 Stat. 403; 5 U. S. C. 1940 ed. 632 et seq.; 40 U. S. C.
1940 ed. 42).
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the President
is authorized to appoint, by and with the advice and consent of the
Senate, three persons, not more than two of whom shall be adherents
of the same party, as Civil Service Commissioners, and said three
commissioners shall constitute the United States Civil Service Com-
mission. Said commissioners shall hold no other official place under
the United States.
The President may remove any commissioner; and any vacancy in
the position of commissioner shall be so filled by the President, by
and with the advice and consent of the Senate, as to conform to
said conditions for the first selection of commissioners.
The commissioners shall each receive a salary of three thousand five
hundred dollars a year. And each of said commissioners shall be
paid his necessary traveling expenses incurred in the discharge of
his duty as a commissioner.
SEC. 2. That it shall be the duty of said commissioners:
First, To aid the President, as he may request, in preparing suit-
able rules for carrying this act into effect, and when said rules shall
1 As to the extent of the discretion vested in the President by this statute, see p. 19.
2 The salaries of the Commissioners have been fixed at $10,000 each per annum by sec-
tion 8 of the “Ramspeck Act' of November 26, 1940 (54 Stat, 1216).
4
NOTES ON SEPARATIONS AND TERMINATION OF ACTIVE SERVICE 199
em-
Section 2.4 of the Leave Regulations rated from the service (26 Dec. Comp.
provides : "An employee who is to be Treas. 448, December 5, 1919).
separated from the service shall be en- Where the resignation of an
titled to the unused annual leave stand-ployee was accepted to take effect at a
ing to his credit, and the date of his future date and he was notified, the
separation shall be so fixed as to permit employee's service legally terminated
him to take such leave, and in no case, on that date, and a letter thereafter
whether the separation be voluntary or from the department purporting to
Involuntary, shall the separation become change the effective date to a later
effective on a date prior to the date of date could not operate to restore the
termination of such leave: Provided, employee to the service, and thereby
that an employee who elects to forfeit entitle him to pay for services ren-
the leave standing to his credit may do dered between the former date and the
so by filing a written notice to such latter date (12 Comp. Gen. 544, March
effect.” As to terminal leave in general, 14, 1933). (See also 19 Comp. Gen.
see notes on page 513.
236, August 22, 1939).
Where an employee's resignation was With respect to changing the effec-
erroneously accepted to be effective prior tive date of resignation retroactively
to a period of accrued annual leave even so as to grant accrued leave not taken
though the resignation expressly stated before separation, see notes on page 512.
that it should be effective at the end of Effective date where the separation is
such period of leave and the acceptance required by statute.--See page 513.
was not communicated to the employee Separation of disabled employee.--A
prior to the expiration of the leave, he person drawing compensation under the
was not effectively separated from the Federal Employees' Compensation Act
service thereby and is entitled under sec- ceases to be an employee when his
tion 2.4 of the Leave Regulations to com- name is dropped from the pay roll of
pensation for the entire period of such his department or office (Commission's
leave (21 Comp. Gen. 517, December 4, minute 2 of September 15, 1936). (How-
1941).
ever, the period of eligibility for rein.
Withdrawal or postponement of resig- statement does not necessarily begin to
nation.- Where the resignation of an run on that date. See p. 271.)
employee to take effect at a future Status of employee during period be-
date was accepted by the appointing tween acceptance of resignation and ex-
power, a withdrawal of the same with piration of annual leave. An officer or
the approval of a subordinate officer employee continues to occupy his office
cannot operate as a lawful authority or position so long as he is legally en-
for continuing the employee in the titled to the salary thereof, even though
service or for paying him for services in an inactive duty status, and no other
rendered thereafter, where it is shown officer or employee can hold the same
that the matter of withdrawal was not office or position until the incumbent is
brought to the attention of the officer separated from it (19 Comp. Gen. 501,
ter the resignation took effect (26 Dec. November 16, 1939; 20 Comp. Gen. 9,
ter the resignation took effect (26 Dec. July 5, 1940). This rule does not apply
Comp. Treas. 310, October 24, 1919).
The resignation of an employee hav., in cases where an officer who has re-
ing become effective by its acceptance signed is being retained in his position
by the proper authority, there is no solely for the purpose of being paid for
legal authority for the creation of an
accumulated and current accrued an-
obligation against the Government by nual leave concurrently with receipt of
the issuance of a paper purporting to military pay under the act of August 1,
accept such resignation 30 days after 1941, as amended (22 Comp. Gen. 54,
the employee had actually been sepa- 1 July 24, 1942).
200 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
page 504.
Effective date of furlough.-See notes, (3 CFR, Cum. Supp., chapter II), has
been clarified by the acts of August 5,
RETIREMENT
1939 (53 Stat. 1216), and of August 10,
1939 (53 Stat. 1343).
Details as to the retirement of em-
The Civil Service Retirement Act of
ployees under the Civil Service Retire-
ment Act of May 22, 1920, as amended, May 22, 1920, as amended (5 U. S. C.
with some information as to retirement 1940 ed. 691 et seq.), applies to em-
under other acts, are given in Civil ployees and services specifically in-
Service Commission Form 3020.
cluded by the language of the act. See
Principal retirement acts.--A com- Civil Service Commission Form 3020.
plete list of acts governing the retire- An act of July 13, 1937 (50 Stat. 512),
ment of civilian employees appears on as amended by an act of June 25, 1933
pages ix to xiii of Civil Service Commis- (52 Stat. 1197; 5 U. S. C. 1940 ed. 693b
sion Form 3020. The Civil Service Com- et seq.), extends the benefits of the
mission has jurisdiction only under the Civil Service Retirement Act to certain
Civil Service Retirement Act, as 'mployees in the legislative and judicial
amended and extended; the Panama | branches of the Government.
Canal Zone Retirement Act, as amended ; The Panama Canal Zone Retirement
the Alaska Railroad Retireinent Act, as Act, approved March 2, 1931 (46 Stat.
amended ; *and the act of May 29, 1944 1471; 48 U. S. C. 1940 ed. 1371 et seq.),
(Public Law 319, 78th Cong.), relating as amended by acts of June 16, 1933 (48
to annuities for civilian officials and Stat. 306), of June 24, 1936 (49 Star.
employees, citizens of the United States, 1903), of August 10, 1937 (50 Stat. 619),
engaged in and about the construction of of April 12, 1939 (53 Stat. 574), of Au-
the Panama Canal.*
gust 10, 1939 (53 Stat. 1347), of October
The principal retirement acts are
14, 1940 (54 Stat. 1117), of December
listed below:
16, 1941 (55 Stat. 805), and of July
Acts creating the Police Relief Fund
29, 1942 (56 Stat. 726), applies to citi-
and the Firemen's Relief Fund, Dis.
zen employees of the Panama Canal
trict of Columbia, were approved Feb- and the Panama Railroad Company on
ruary 25, 1885. On September 1, 1916, the Isthmus of Panama. *The act of
legislation was approved which com.
May 29, 1944 (Public Law 319, 78th
bined the two funds, and the retirement Cong.), which is not a retirement act in
fund has since been known as Police the strict sense of the word, provides
men and Firemen's Relief Fund, Districi. annuities for former citizen employees
of Columbia.
of the Isthmian Canal Commission and
An act for the retirement of public. Panana Railroad Company who served
school teachers in the District of Colum, at least three years on the Isthmus dur-
bia was approved January 15, 1920.
ing the construction of the Panama Ca-
The Lighthouse Retirement Act, ap- nal (May 4, 1904, to March 31, 1914,
proved June 20, 1918 (33 U. S. C. 763 inclusive), and to their widows under
et seq.), applied to officers and em certain conditions, and stipulates that
ployees in the field service or on vessels persons eligible for its benefits who are
of the Lighthouse Service, but not to receiving annuities under other Fed-
employees in district offices or shops. eral retirement laws have an election
The applicability of this act to person. | as to which payments they wish to
nel of the former Lighthouse Service receive.
since its consolidation with the Coast Section 211 of the Public Health Sery-
Guard by Reorganization Plan No. II | ice Act of July 1, 1944 (Public Law 410,
(August 31, 1944)
SEPARATIONS AND TERMINATION OF ACTIVE SERVICE
200.01
!
78th Cong.), applies to commissioned | Postgraduate School, United States
officers of the Regular Corps and the Naval Academy, was approved January
Reserve Corps of the Public Health 16, 1936 (49 Stat. 1092; 34 U. S. C. 1940
Service However, the act provides ed. 1073 et seq.), *and has since been
that commissioned officers of the Re- amended by the act of November 28,
serve Corps, while on active duty, shall 1943 (Public Law 194, 78th Cong.).*
be deemed to be officers of the executive An act of March 4, 1940 (54 Stat. 39),
branch of the Government, within the provides for the retirement of certain
meaning of section 3 of the Civil Serv- employees of land-grant colleges.
ice Retirement Act, as amended.*
The Foreign Service Retirement Act
An act of May 18, 1920 (41 Stat. 601 ; | (43 Stat. 140, May 24, 1924),
33 U. S. O. 1940 ed. 864), extends the amended by the acts of February 23,
Navy retirement provisions to officers of 1931 (46 Stat. 1207), of April 24, 1939
the Coast and Geodetic Survey.
(53 Stat. 583), of August 5, 1939 (53
An act for the retirement of civilian Stat. 1208), of April 20, 1940 (54 Stat.
members of the teaching staffs at the 143), and of October 14, 1940 (54 Stat.
United States Naval Academy and the | 1118), applies to Foreign Service officers.
as
(August 31, 1944)
201 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
The Alaska Railroad Retirement Act | former employees within the provisions
(49 Stat. 2017, June 29, 1936; 5 U. S. C. of the Civil Service Retirement Act as
1940 ed. 745 et seq.), as amended by amended."*
the acts of August 7, 1939 (53 Stat. Discrimination in retirement as to
1246, 1250), of June 29, 1940 (54 Stat. marital status.--Discrimination in re-
693), and of October 14, 1940 (54 Stat. tirement on the basis of marital status
1117), applies to all employees of the is prohibited by section 2, subsection
Alaska Railroad who are citizens of the Second, clause Sixth, of the Civil Serv-
United States and whose tenure of em- ice Act. (See page 6.)
ployment is not intermittent or of un- Classification under section 6 of civil-
certain duration.
service rule II not affected by employee's
Reemployment after retirement.- having passed retirement agė.—See note
Section 4 of war-service regulation II on page 234.
provides in part as follows:
Deductions from annuity to liquidate
“A person retired under the age or indebtedness to the Government.-See
optional provision of the Civil Service notes on pages 289 and 431.
Retirement Act may be reemployed only Political activity after retirement.-,
in the event the appointing authority See note on page 415.
determines that he is possessed of spe-
SUSPENSION
cial qualifications."
Special procedures have been estab- Procedure to be followed in suspend-
lished by statute for the reemployment ing employees.-Section 3 of civil-sery-
of persons who have retired because of ice rule XII provides as follows:
age or optionally, or are about to retire “Pending action under section 1 of
because of age, under certain retirement this rule, or for disciplinary reasons, a
acts. For notes on these procedures, person may be suspended for a period
see page 129.
not to exceed 90 days, but the reasons
Agencies and departments are re- for such suspension shall at the time of
quested to ask any employee who is the suspension be filed in the records of
about to retire and is eligible for reten- the proper department or office and
tion under amendments to the Civil copies shall be furnished the Commis-
Service Retirement Act and the Canal sion upon request. The period of sus-
Zone Retirement Act because he pos- pension may be extended beyond 90 days
sesses special qualifications, and whom with the prior consent of the Commis-
they are not able to retain, to.file Stand- sion."
ard Form 57 with the Commission in Section 1 of civil-service rule XII, re-
order that his qualifications may be an-ferred to in the material just quoted,
alyzed with a view to utilizing his serv- requires that charges be filed against
ices to the best interest of the war pro- an employee who is about to be removed
gram (departmental circular No. 400, and that he be given an opportunity to
December 31, 1942).
reply to such charges before removal.
With respect to the reemployment of For details on this procedure, see notes
persons retired for disability, see page on page 180.
122.
Section 1 of rule XII, and the act of
Reemployment for purpose of making August 24, 1912, on which it is based,
employee eligible for retirement.-War- are not regarded as applying to cases
service regulation VIII provides in part of suspension. When the person is later
as follows:
dropped from the classified service, then
*"Reappointment under this regula- the requirements of the rule and act
tion must be for actual service and not would have to be complied with. The
primarily for the purpose of bringing | requirements of section 3 of rule XII as
(August 31, 1944)
NOTES ON SEPARATIONS AND TERMINATION OF ACTIVE SERVICE 202
to the suspension of employees are not for the period of suspension after inves-
inconsistent with the act (Commis-tigation and restoration to active duty,
sion's minute 3 of March 28, 1913). without charging any portion of the pe-
For an exception to this ruling in the riod to annual leave (21 Comp. Gen. 717,
case of preference employees, see page January 29, 1942).
30.01.
Restoration to duty prior to dis-
*Suspension on nonwork days. It is charge.-An employee who has been
within administrative discretion to sus- suspended from duty and pay may be
pend a per annum employee on Sunday, restored to a pay status prior to his dis-
a nonwork day, and to withhold, as a charge for cause due to his own miscon-
disciplinary measure, the compensation duct, for the sole purpose of granting
he otherwise would have received for him terminal leave (17 Comp. Gen. 806,
Sunday had he not been suspended from April 2, 1938).
working or the opportunity of working
FURLOUGH
on Sunday (23 Comp. Gen. 541, January
25, 1944).*
Effective date of furlough.
See notes
Suspension pending determination of
on "Substitution of Leave with Pay
citizenship.-See notes, page 93.
for Leave without Pay”, page 504, and
Effect of suspension on leave ac- "Terminal Leave”, page 512.
crual.-See notes on page 495.02.
Report of furlough to Commission.-
Restoration of pay for period of sus. See notes on page 206.
pension.—No order can operate retroac-
Furlough for military duty-See
tively to restore pay for any period of notes on pages 206 and 507. As to recall
suspension. A suspended officer or em-
to duty from such furlough, see page
ployee is in a nonpay status for the pe-
141.
riod of suspension whether the order of
Effect of acceptance of other
suspension specifically states that it
ployment by person in furlough
shall be without pay, or is merely silent status. See notes on page 432.
on the question (4 Comp. Gen. 849, April
Veteran preference in furlough.
14, 1925, citing 11 Dec. Comp. Treas. 661, Military preference in retention shall
May 4, 1905; 20 Dec. Comp. Treas. 505, be considered in making furloughs
January 16, 1914; 21 Dec. Comp. Treas. (opinion, Attorney General, December 4,
478, January 25, 1915; and 25 Dec. Comp. 1929). (This refers to furloughs under
Treas. 906, May 26, 1919). The fact I usual procedure, such as those in navy
that the charges were disproved and the
yards, engineer establishments, etc.)
employee restored to duty does not au-
As to appeals from furloughs by
thorize payment of salary during the
period of suspension lawfully made (6 persons granted preference, see page
30.01.
Comp. Gen. 534, February 15, 1927, cit-
ing 20 Dec. Comp. Treas. 505, January
Furlough in lieu of separation be-
16, 1914, and 21 Dec. Comp. Treas. 478, cause of reduction in force. See notes
January 25, 1915). As to retroactive on page 190.
*Reimbursement of traveling
substitution of annual leave for suspen-
sion periods, see notes on page 505.
penses upon return to original agency:-
Special statutory authority to
Return from a furlough or leave-with-
move employees summarily upon sus-out-pay status is tantamount to report-
picion of certain prohibited activities ing to the employee's first duty station,
and to compensate them for the period and the cost of such return must be
of removal after investigation and rein- borne by the employee. This is true
statement includes the authority to sus- even though the reason for the furlough
pend employees pending investigation or leave without pay is the transfer of
of such activity and to compensate them the employee to public or private enter-
em-
ex-
re-
(August 31, 1944)
202.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
prise under section 4 of war-service reg stored to his former position and paid
ulation IX.
salary, he must bear the cost of return-
Cases may arise in which the services ing to duty at his former official station
of an employee who has been transferred (23 Comp. Gen. 447, December 18, 1943).
under section 4 of regulation IX are Dropping of names of furloughed em-
needed for a short period during the ployees from pay rolls.--The terms
period of leave without pay. If such “dropped from the pay roll” and
an employee whose services are needed “dropped from the rolls" as used in this
for a short time in his former position book generally refer to the dropping of
will agree to serve as.a private party names from the agency's roster (or other
without compensation, he may be reim-record) of all employees (both in a pay
bursed his expenses of travel to and and nonpay status), rather than to the
from his former official station, either pay-roll voucher submitted to the Gen-
on an actual expense basis or in accord- eral Accounting Office. In practice, the
ance with the Standardized Government roster is frequently identical with the
Travel Regulations as may be agreed | list-of-names portion of the pay-roll
upon in advance. Whether an admin- voucher, but there is no requirement
istrative office requiring the temporary that the pay-roll voucher itself shall con-
services of a former employee carried in stitute the roster. The Comptroller
a leave-without-pay status in his Fed- General has held in a decision of August
eral position while serving in private in-8, 1944, that the names of employees who
dustry in rccordance with war-service are in a leave-without-pay or furlough
regulations is authorized or required to status for an entire pay period need not
restore the employee to official duty dur- be placed on the pay-roll vouchers for-
ing the period of his temporary services warded to the General Accounting
is an administrative matter, and not for Office.*
consideration by the General Accounting Service credit for furlough periods.-
Office, but should the employee be re- See notes, page 268.
(August 31 1944)
NOTES ON REPORTS OF CHANGES
203
NOTES ON REPORTS OF CHANGES
new
Commission's authority for requiring | designation, or in official headquarters
reports of changes.-Section 1 of civil- must be reported, changes in the class
service rule XIII provides as follows: service designations under the act of
“Every nominating or appointing offi- August 1, 1942 (56 Stat. 733; 5 U. S. C.
cer in the executive civil service shall 1940 ed., Supp. II, 673), from cus-
report in detail to the Commission when todial service (C. U.) to the
ever and in such manner as it may
Crafts, Protective, and Custodial Serv-
prescribe, all changes in the service ice (C. P. C.)--for example, a change
under his authority, whether they affect from CU-2 to (PU-2—should not be
reported.
positions or employees that are classi-
fied, unclassified, excepted, permanent,
(3) Wage or salary adjustments in
accordance with a published wage or
temporary, or subject to contract."
salary schedule furnished to the Com-
*Purpose, of reports of personnel ac-
mission.
tions.—The Civil Service Commission
(4) Other wage or salary adjust-
requires reports of personnel actions for ments of less than $300 per annum.
the following reasons:
(If compensation is on other than an
(a) To show that personnel actions annual basis, changes of less than 12%
authorized or ordered actually have been cents per hour, $1.00 per day, $6.00 per
effected, and that actions actually ef-week, or $25.00 per month, should not
fected have been duly authorized ; be reported.)
(0). To provide an accurate and com- (5) Adjustments in deductions for
plete service record of the career of subsistence, quarters, and/or laundry
each Federal employee for use as an (departmental circular No. 365, Au-
authoritative basis for determining his gust 10, 1942).
status, rights, and eligibility for promo-
Terminology to be used.-Standard
tion, transfer, reemployment, and other terminology to be strictly followed in
actions (Civil Service Commission Form reporting changes in civilian personnel
2822).*
and in maintaining the retirement
Exceptions from report-of-changes re-
record card (Civil Service Commission
quirement.--For the duration of the Form 2806) is set forth in Civil Service
war, reports of changes in civilian per-
Commission Form 2822, *which may
sonnel should not be submitted in the be requisitioned by departments and
following types of actions, when they agencies from the Office Services Divi-
occur without change in designation, in sion, U. S. Civil Service Commission,
grade, or in official headquarters:
Washington 25, D. C. The standard
(1) Automatic salary increases under terms as defined in Form 2822 are re-
section 2 (b) of the act of August 1, 1941 produced on page 207.02 of this book
(55 Stat. 613; see page 447), and other for convenience in reference. Em-
automatic promotion laws. (Reports of ployees responsible for the preparation
compensation advancements for "es- of reports of personnel actions should be
pecially meritorious services" under instructed to use the standard terms as
section 2 (f) of the act of August 1, 1941, defined in Form 2822.
Any agency
must continue to be submitted as re-
which wishes to deviate from them in
quired by law.)
any respect in preparing personnel-
(2) Salary changes resulting from action reports must secure prior au-
legislative adjustment in salary sched-thority in writing from the Civil Sery-
ules for services or grades under enact- ice Commission (departmental circular
ments such as the Classification Act of No. 473, March 16, 1941).*
1923, as amended. (Notwithstanding Individual positions should be desis-
the requirement stated above that nated by the official titles as defined in
changes involving a change in grade, in class specifications and statements of
+
(August 31, 1944)
203.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
allocation standards published by the panied by transmittal sheets or letters.
Commission under the Classification If it should be necessary to change or
Act of 1923, as amended, War Man- amend any item incorrectly stated on a
power Commission Directive No. XII, previous personnel-action form which
Executive Order No. 9330 of April 16, has already been executed and for-
1943, or otherwise. Conventional rank- warded from the initiating office, a new
ing adjectives such as "junior", "sen- personnel action form should be pre-
ior", "principal”, etc., should not be pared with all the items correctly stated
used; the appropriate service symbol and with the word “Correction” or
and grade number will be used instead “Amendment” inserted in the "Nature
to indicate rank or level (departmental of action" space in addition to the ap
circular No. 433, August 12, 1943).
propriate standard term; in such cases,
Form of reports.—The form to be used the previous personnel-action form
in making reports of personnel trans- which is being superseded should be
actions under rule XIII is Standard clearly identified under "Remarks" (de-
Form 50, which may be used either partmental circulars No. 284, October
singly or in multiple copy form. Each 21, 1941; No. 293, November 28, 1941;
report should cover only one action. No. 298, December 16, 1941; and No.
The reports should be submitted each 489, July 18, 1944; and Civil Service
month. *They need not be accom-1 Commission Form 2822).*
(August 31, 1944)
NOTES ON REPORTS OF CHANGES
204
Reports of changes should be di- | employees' last names (departmental
vided into two series as follows: circular No. 298, December 16, 1941).
(a) A series for all persons ap- For detailed instructions on filling out
pointed for periods in excess of one Standard Form 50, see departmental
year and all excepted employees re- circular No. 298, December 16, 1941.
gardless of duration of appointment, Race.-Reports of changes in civilian
except that reports of excepted service personnel should not show the race to
under Schedule A-1–10 (see page 294) which a person belongs (departmental
shall be prepared as set forth in the circular No. 107, supplement 12, De-
notes to that section of Schedule A. cember 26, 1940).
Reports in this series will be routed by *Identification data required. Each
the field establishment to the central personnel-action form must include the
office of the agency for transmission of date of birth of the employee affected
one copy to the central office of the Com- in addition to his or her name. The
mission, attention Service Record Divi- same form of the employee's name
sion, unless the agency has directed should be used in all reports. Changes
field establishments to route the reports in the names of employees should be re-
directly to the Civil Service Commission. ported in the manner shown on page
(0) A series for persons appointed 207.07 (Civil Service Commission Form
for periods of one year or less, known 2822).
as the temporary series, which will Notation of authority for action. In
include all appointments authorized the space labeled "C. S. C. or other legal
originally or extended for periods of authority' on the personnel-action form,
less than one year. Only one copy of all reports of personnel actions author-
reports in this series will be prepared ized by the Civil Service Commission
for the Commission. In the case of should show the number of the certifi-
persons appointed to field-system posi- cate, if any; otherwise, the date and file
tions, the civil-service copy of the re-
number or initials of the letter of au-
port will be forwarded to the regional
thorization. If the personnel action
director. Regional directors may, how-
was authorized by one of the Commis-
ever, in their discretion direct secre-
siori's regional directors or his repre-
taries of local or rating boards at sentative, the number of the region
establishments having such boards, who
should be shown in addition to the cer-
have been authorized to indorse reports tificate number, if any; otherwise, the
of changes, to retain this copy instead number of the region should be shown in
of submitting it to the regional office. addition to the date and file symbols of
In the case of persons appointed to addition to the date and file symbols of
positions other than field system, the the letter of authority. If the action
civil-service copy of the report will be is taken by the department or agency
forwarded by the field establishment to under authority of a statute, Executive
the central office of the agency for order, Schedule A or B, or a Civil Serv-
transmission to the central office of the ice Commission departmental circular,
Commission, addressed to the attention specific citation of the source of author-
of the Examining and Personnel Util- | ity should be given; e. g., the specific
ization Division (departmental circular subdivision or paragraph should be cited
No. 323, revised, March 30, 1942, as in the case of Schedules A and B, and
amended by departmental circular No. the date and identifying number in the
358, July 28, 1942).
case of acts of Congress or Executive
The single-action sheets composing orders (Civil Service Commission Form
each of the two series should be ar- 2822). As to reports of excepted serv-
ranged alphabetically according to the lice under Schedule A-I-10, see page 294.
(August 31, 1944)
204.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
In any case where personnel action is the Post Office Department under an
authorized subject to further action on authority other than the Ramspeck Act.
the part of the Commission, the em- (In connection with classifications in
ploying agency, or the employee, e. g., the field service of the Post Office De-
“appointment subject to investigation,” partment, see notes on page 214.) The
“appointment subject to inquiry”, “ap-classification should, however, be en-
pointment subject to proof of citizen- | tered (with appropriate date) on the
ship”, etc., full entry of the condition employee's record in the agency to
should be made on the report of per- which the certificate is issued, and the
sonnel action in the space provided for employee should be notified accordingly
remarks, in the terminology used in the departmental circular No. 492, July 19,
Civil Service Commission authority 1944).*
(departmental circular No. 501, Septem-
Appointments under section 6 of war-
ber 5, 1944).
service regulation V.-Appointments
Notation of veteran preference.- | under section 6 of war-service regula-
When the authority for personnel action tion V should be reported in the same
indicates that the employee has estab-manner as other personnel actions are
lished veteran preference, the report of reported. In addition to other perti-
personnel action should be noted accord- vent information, such report should
ingly in the space provided for remarks. include the name of the public. (if other
The term “5-point preference” or (for than Federal) or private enterprise and
disability, wife, or widow preference) the date it was taken over by the Fed-
“10-point preference” should be used eral Government. In the case of Fed-
(departmental circular No. 501, Septem- eral employees given war-service ap-
ber 5, 1944).
pointments under this regulation, the
Acquisition of a classified status.- report should show the exception to the
It is not required that the classification rules under which the employee formerly
of an individual, whether authorized was serving, the date the position be-
under civil-service rule II, Executive came subject to war service regulations,
order, or specific legislation, be included and the authority (i. e., statute or Exec-
on the reports of personnel actions sub-utive order) for such change (depart-
mitted to the Commission unless the mental circular No. 323, revised, sup-
classification is in the field service of plement 16, revision 2, August 27, 1943).
(August 31, 1944)
NOTES ON REPORTS OF CHANGES
205
Part-time appointments.-Reports on tive date) under act of January 24,
part-time appointments under depart- 1942 (or July 29, 1942, whichever act
mental circular No. 389, revised, of is applicable to the particular case be-
July 10, 1943, (see page 112), should ing reported on)” (departmental cir-
be included in the temporary series.cular No. 400, December 31, 1942). Sim-
The report should clearly indicate (a) ilar reports should be submitted in the
the maximum number of hours to be case of persons who are about to retire
worked each week, (b) the percentage under the Alaska Railroad Retirement
of time that these hours bear to the Act and are retained in the service of
hours established as the regular work. the Alaska Railroad (see page 120).
week for the department, bureau, or This note does not affect reports to the
agency, and (c) the actual compensa- Retirement Division of the Commission.
tion (exclusive of overtime) to be paid Separations and reappointments of per-
on a per-annum basis (e. g., the actual sons who fail to qualify under the Ram-
per annum ' compensation of a CAF-2 speck Act.-Separations in accordance
employed one-half of the regular tour with section 2 (a) of the Ramspeck
of duty would be reported as $720) Act for failure to qualify (see pages 210
(departmental circular No. 389, re- and 329) and reappointments under
vised, July 10, 1943).
war-service regulation VIII of persons
Where an employee who has been so separated should be reported in the
changed from full-time to part-time is same manner as other personnel ac-
changed back to full-time, the report tions are reported (departmental circu-
should indicate clearly that the em-lar No. 291, supplement 12, December
ployee had previously been changed 26, 1941).
from full-time to part-time, with the
*Conversions of temporary appoint-
date of such change (departmental cir- ments into other types of appoint-
cular No. 389, revised, July 10, 1943).
ments.-Whenever reports of the con-
*Appointments from the war reem-
version of temporary appointments to
ployment list.–Selections from the war
probational or war-service indefinite
reemployment list should be reported as
appointments are submitted to the
"Reemployment List Appointment"
Commission, they should be made part
(departmental circular No. 498, August of the series for permanent and indefi-
1, 1944).*
nite employees, even though previous
Automatic separations and immediate actions as to the employee have been
reemployments of persons who reach the included in the temporary series. The
compulsory retirement age.—When em- action should be reported as “Conver-
ployees who are about to retire are sion to Probational Appointment” or
retained in the same department or “Conversion to War Service Indefinite
agency under the authority contained
Appointment”, as the case may be, and
in section 2 of the Civil Service Retire-
the previous type of appointment
ment Act, as amended, or section 2 of
should be stated under "Remarks." Re-
the Canal Zone Retirement Act, as
amended (see notes on page 129), report ports of the conversion of a temporary
of the automatic separation of the em- appointment into another temporary ap-
ployee should be made to the Service pointment (for example, the conversion
Record Division of the Civil Service of a temporary appointment under the
Commission at the same time report of civil-service rules to a temporary ap-
his reemployment under the provisions pointment under the war-service regu-
of the amendment to the appropriate lations) should be included in the tem-
retirement act is made. Such reports porary series (departmental circular
should be made on Standard Form 50, No. 323, revised, March 30, 1942, as
as in the case of other personnel ac- amended by departmental circular No.
tions, and should show "Retired (age) 358, July 28, 1942; departmental circu-
(effective date); Reemployed (effec-llar No. 473, March 16, 1944).*
807512_44
-2
(August 31, 1944)
206 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
are
Promotions and reassignments.—Pro- been authorized under war-service regu-
motions and reassignments effected in lation IX, section 2(0). Personnel
accordance with the provisions of de-action forms reflecting separation by
partmental circular No. 257, revision transfer should carry similar notation.
3, of September 20, 1943 (see page 157), Such notations are not required in con-
are to be reported to the Civil Service nection with transfers to public or
Commission, Washington, D. O. (at- private enterprise effected under the
tention : Service Record Division), on
provisions of section 4 of war-service
Standard Form 50. In such cases
regulation IX. Such transfers
Standard Form 50 should bear the no-
made only with reemployment rights,
tation "Departmental Circular No. 257,
and in connection therewith employees
Revision 3", for promotions or reas-
signments effected without the prior are not separated but are carried on
approval of the Commission. Any case leave without pay, action in such cases
which is, in addition, an intra-agency being recorded as “War Transfer Leave
transfer should also bear the notation Without Pay" (departmental circular
“intra-agency transfer" on the report No. 501, September 5, 1944).*
of changes. Where the prior approval Conversion of promotion or transfer
of the Commission has been secured 'under section 2 of Executive Order No.
for the promotion or reassignment, ref- 8833 to promotion or transfer under the
erence should be made on the report war-service regulations.-See note on
of changes to the date of such author- "Transfers of persons who have been rec-
ity and the office of the Commission lommended for a classified status under
from which secured (departmental cir- the Ramspeck Act," page 149.
cular No. 257, revision 3, September Return of transferred employee to his
20, 1943). With respect to the sub- former agency. See notes on page 147.
mission of Standard Form 62 simul- *Suspensions.-All suspensions
taneously with the report, see notes on should be reported to the Commission.
page 159.
The reasons for the suspension should
Transfers.--Employees need not be re-be stated as set forth in the note on
quired to resign when transferring “Separation from the service”, page 207.
from one Federal agency to another. Where the specific period of suspension
When an employee leaves one agency is stated in the personnel action, an ad-
for transfer to another agency under ditional action providing for "Return
war-service regulation IX, without sub- to Duty" is unnecessary unless the
mitting a formal resignation, the re- employee fails to return as stated.
port of transfer to the Commission Furloughs and leaves without pay.-
should show the nature of the action For the duration of the war and six
as “Separation (Transfer)” (depart- months thereafter the Commission will
mental circular No. 359, July 29, 1942). not require the departments and estab-
Persons transferred to public or pri-lishments to submit reports of leave
rate enterprise under section 4 of war- without pay for any employee, whether
service regulation IX should be carried or not he has completed his probation-
in a leave-without-pay status by the ary or trial period, unless the total
Federal agency, as provided by that amount of leave without pay taken by
section, after they have exhausted all the employee exceeds six months in any
accumulated and current accrued an- one calendar year. Whenever it is
nual leave (action of Commission, May found that an employee has taken more
2, 1942).
than six months of leave without pay
*In any case where an enployee is during a calendar year, and that this
appointed by transfer from another leave was not previously reported to
Federal agency under war-service regu- the Commission because it was taken
lation IX, section 2(a), the term "with in two or more periods, each of which
reemployment rights” should be entered lasted less than six months, a report of
the personnel-action form. The such periods of leave without pay shall
term "without reemployment rights" be submitted to the Commission. All
should be entered where transfer has / reports submitted to the Commission in
#
on
4
(August 31, 1944)
NOTES ON REPORTS OF CHANGES
207
accordance with these instructions tary service and are returned to duty
should be made a part of the agency's or reemployed in the same agency under
regular reports of personnel actions. provisions of law or regulation, the
The procedure of reporting excess leave action should be reported as "Return
on retirement record accounts (Civil from Military Furlough" or "Reemploy-
Service Commission Form 2806) is not ment after Military Service”, as ne case
changed by these instructions (depart- may be. The law or regulation involved
mental circular No. 480, April 18, 1944; should be cited specifically (depart-
Civil Service Commission Form 2822).* mental circular No. 473, March 16,
Employees who enter the military 1944).*
service.--It is within administrative dis- There is no legal or accounting ob-
cretion either to separate employees jection to the administrative recording
from civilian service, to place them on of changes in the status of employees
leave without pay without limitation on military duty who, when restored to
as to amount of leave, or to furlough their civilian positions, under existing
them without pay during any period of law will be entitled to the benefit of any
active military or naval duty during reallocation of their positions, and who,
the present war. The employee's statu-
under Executive Order No. 8882 of Sep
tory reemployment rights would be the
tember 3, 1941, will be entitled to any
same whichever procedure is used.
Prior to separating the employee or automatic promotions that would have
placing him in a nonpay status, the accrued to them during their absence
agency must grant him any accumu- had they remained in civilian service
lated or accrued annual leave to which (21 Comp. Gen. 1007, May 11, 1942).
he is entitled under the act of August Separation from the service.-Effective
1, 1941, as amended (see page 483), if | February 1, 1943, departments shall dis-
he has elected to talce such leave. If continue the practice of reporting sepa-
he elects, after being separated or rations “with prejudice” or “without
placed in a nonpay status but prior to prejudice." It will be necessary, how-
discharge from active military or naval ever, to record briefly on the retirement
duty, to take such leave, the effective account card (Civil Service Commission
date of his separation or placement in Form 2806), and on the report to the
a nonpay status must be changed retro Commission of the personnel action, the
reasons or circumstances surrounding
actively in order to accord him the leave
to which he is entitled (20 Comp. Gen. the separation, in order to enable the
Commission to determine rights to sepa-
167, September 20, 1940; 20 Comp. Gen.
ration benefits under the retirement
847, June 3, 1941; 21 Comp. Gen. 403,
acts and eligibility for reemployment.
November 3, 1941; 22 Comp. Gen. 47,
July 20, 1942; 22 Comp. Gen. 546, De- *This requirement as to statement of
cember 18, 1942; 22 Comp. Gen. 810, reasons applies to suspension, discharge,
February 16, 1943).
removal for cause, and termination, and
All cases of furlough, leave without to resignations wherever the circum-
pay, resignation, or discharge for mili- stances reflect on the employee's suit-
tary service should be reported to the ability for reemployment or he resigns to
Commission in the regular reports of avoid removal; it affects persons sery-
personnel actions * as “Military Fur- ing in positions excepted under Sched-
lough" or "Separation (Military Serv- | ules A and B of the civil-service rules
ice)”, as the case may be. Reports of or nonclassified by law as well as classi-
separation should show whether the fied employees.*
separation was voluntary or involun- Whenever the circumstances
tary on the part of the employee. When rounding the separation of an employee
employees complete their period of mili-l are such as to reflect on his suitability
sur-
(August 31, 1944)
207.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
for reemployment in the Federal service. I be stated briefly in accordance with in-
the employee shall be notified in writing structions on Civil Service Commission
of these circumstances, preferably by a Form 2822 (departmental circular No.
copy of the report to the Commission 380, October 3, 1942).
of the personnel action.
With respect to reports on the retire-
An employee who receives a notifica- ment of employees, see note on "Auto-
tion as provided for in the preceding matic separations and immediate reem-
paragraph has a right to file with the ployments of persons who reach the com-
Civil Service Commission in writing a pulsory retirement age,” page 205.
presentation of his side of the case. *Reports of death should indicate the
The Commission will determine whether date of death and the last day in pay
or not the circumstances set forth by status if prior to date of death (Civil
the department are such as to justify Service Commission Form 2822). If
a bar to further employment in the the employee was killed in action, and
Federal service (departmental circular
the exact date of death is not known to
No. 404, January 20, 1943; *depart the agency, it is permissible to report
mental circular No. 473, March 16 instead the date on which the next of
1944).*
kin wag notified.
Where the separation of an employee
In addition to the reports described
from the service is effected at the re-above, a department or agency shall,
quest of the Civil Service Commission, immediately upon the separation of an
the report of changes should show that
the action was taken at the Commis- employee from the service, complete the
sion's request and should cite the date retirement record card (Civil Service
of the Commission's letter. Where re-
Commission Form 2806) in accordance
moval was requested by one of the with the instructions in Civil Service
Commission's regional officers, the re- | Commission Form 2805, and forward
port should so state and give the num-
it at once to the Commission, together
ber of the region, as well as the date with any claim that may be on file at
of the letter. As in the case of all other the time (Civil Service Commission
reports of separations, the cause should | Form 2805).*
5
(August 31, 1944)
*
TYPES OF PERSONNEL ACTIONS
The various types of personnel actions are classified and defined as shown
below in Civil Service Commission Form 2822, February 1944 edition, which
was promulgated by departmental circular No. 473 of March 16, 1944. The
abbreviations which may be used in reporting them to the Commission are also
shown.
I. ACCESSIONS: Personnel actions which result in the addition of employees
to the department or agency.
(A) APPOINTMENTS: Personnel actions not dependent upon, appointee's pre-
vious Federal service, and which result in the addition of employees to the
department or agency. (This category does not include personnel actions which
occur during continuous service within the same department or agency. See
"Changes.")
War Service Indefinite Appointment (W S Indef Appt): Appointment not
specifically limited to one year or less, authorized under war-service regulation
V.1
Temporary Appointment (Temp Appt): Appointment authorized for a period
specifically limited to one year or less under war-service regulation V. Also this
term applies when appointments (to positions not subject to war-service reg-
ulations) are made under sections 1, 2, or 4 of civil-service rule VIII in which
case the appropriate notation "Section Rule VIII” should be included as part
of the term. (See also "Extension of Temporary Appointment.”)?
Probational Appointment (Prob. Appt): Non-temporary appointment author-
ized under civil-service rule VII as a result of open competitive examination and
not dependent upon appointee's previous Federal service.
Non-Competitive Appointment (Non-comp Appt): Appointment to a position in
the competitive classified service authorized under section 8 of civil-service rule
II or by Executive order waiving the rules in individual cases."
Excepted Appointment (Exc Appt): Appointment to a position excepted from
competitive examination under Schedule A (including "Without Compensation"
and “$1 per year” appointments), Schedule B, act of Congress, or Executive
order. This term is also applicable to positions in the judicial or legislative
branches of the Federal service.”
1 For details on such appointments, see war-service regulation V, page 28, and notes on
pages 70 to 110.
2 As to temporary appointments under war-service regulation Y, see page 28.01 and
notes on page 110. As to temporary appointments under civil-service rule VIII, see page
261.
& As to civil-service rule VII, and probational appointments generally, see pages 248 to
260.
* As to section 8 of civil-service rule II, see page 222 and notes on page 234.
* Schedule A appears on pages 292 to 314; without-compensation and dollar-a-year ap-
pointments are covered by paragraph 12 of subdivision I thereof. Schedule B appears on
pages 315 to 318. Lists of positions excepted by acts of Congress or by Executive order
appear on pages 320 and 319, respectively. As to determination whether positions are
excepted or not, see pages 223 to 230.
207.02
(August 31, 1944)
207.03 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
*
(B) APPOINTMENT BY TRANSFER : Personnel action during continuous service and
dependent upon appointee's previous Federal service, which results in the
addition of an employee to the department or agency from another Federal
department or agency. This term does not include transfer within the same
department or agency. (See "Transfer.")
Appointment by Transfer (Appt Trans) : Appointment during continuous Fed-
eral service to a department or agency from another Federal department or agency.
This term does not include transfer within the same department or agency. (See
"Transfer”)."
(C) REEMPLOYMENTS: Personnel actions dependent upon appointee's previous
service, taken after a separation from the Federal service and which result in
the addition of employees to the department or agency. This category does
not include personnel actions which return employees to active duty and pay
within the same department or agency from furlough, suspension, or leave-
without-pay status. (See "Pay Status Change.")
7
War Service Indefinite Reappointment (W S Indef Reappt): Reemployment
not specially limited to one year or less and authorized under war-service regu-
lation VIII on the basis of appointee's previous service after a separation from
the Federal service,
Temporary Reappointment (Temp Reappt) : Reemployment authorized for
a period specifically limited to one year or less under war-service regulation VIII
on the basis of appointee's previous service after a separation from the Federal
service.?
Reemployment List Appointment (Reempl List Appt): Appointment authorized
by selection from reemployment list of appropriate Civil Service Commission
office. 8
Reinstatement (Reins): Reemployment authorized under civil-service rule IX,
“Reinstatement," on the basis of appointee's "competitive civil service status"
after a separation from the Federal service."
Reemployment of Annuitant (Special Qualifications) (Reempl Annuitant (Spec
Qual)): Reemployment under authority of sec. 2 (b), act of May 29, 1930, as
amended, of an age or optional annuitant because of special qualifications. An-
nuitants retired for disability or under sec. 7 of the act of May 29, 1940, as
amended, are not included under this term unless they attained retirement age
prior to reemployment. (Act of July 29, 1942, for age and optional annuitants
under the Canal Zone Retirement Act; act of December 22, 1942, for Alaska Rail-
road Retirement Act.) 10
For procedure in appointments by transfer, see war-service regulation IX (page 31)
and page 148.
? As to war-service regulation VIII, see page 30.01 and notes on pages 119 to 123. Re-
employments are affected under war-service regulation VIII only where the appointee was
nominated by the appointing officer to the Commission ; where he was selected from a cer-
tificate of eligibles, the appointment is effected under regulation V.
& As to the war-reemployment list, see page 41.01 and notes on page 124.
As to civil-service rule IX, see pages 264 to 275.
10 For these acts, and further details on reemployment of annuitants, see pages 129 to 134.
*
(August 31, 1944)
TYPES OF PERSONNEL ACTIONS
207.04
*
Reemployment after Military Service (Reempl after Mil Ser) : Reemployment
under provisions of law or regulation in the same agency from which separated
to enter U. S. military service, merchant marine, or other similar organizations
designated by law or regulation. (See also, "Return from Military Furlough.")"
Reemployment after War Transfer (Reempl after W Trans) : Reemployment
under section 5 of war-service regulation IX in the same agency from which
separated for transfer, of persons having war-transfer reemployment rights,
after involuntary separation for reasons not reflecting unsuitability from agency
to which transferred."
12
II. CHANGES: Personnel actions which occur during continuous service within
the same department or agency, and which do not result in the addition or
separation of employees for the department or agency as a whole.
(A) POSITION CHANGEB: Personnel actions which during continuous service
change employees from one position to another position, within the same
department or agency.
Promotion (Prom): Change from one position to another position of higher
grade or higher minimum salary, without a transfer and during continuous service
within the same department or agency. This means change to a position involving
greater duties and responsibilities and usually a higher salary. However, it
does not include "pay increase" given to an employee during continued employ-
ment in the same grade. 18
Demotion (Dem) : Change from one position to another position of lower grade
or lower minimum salary without a transfer and during continuous service within
the same department or agency. This actiou is the converse of promotion.'
Reassignment (Reassign) : Change without promotion or demotion from one
position to another position in a different line of work: (such as from clerk to
stenographer, chauffeur to surveyman, etc.) or in service (such as SP to CAF,
CAF to P) during continuous service within the same department or agency.
(In lieu of "reassignment” use the terms "promotion" or "demotion” when they
are applicable.) 16
Transfer (Trans): Change of position from one official headquarters or duty
station to another or between organization units without promotion, demotion,
or reassignment during continuous service within the same department or agency.
(Within a department or agency the organization units between or within which
transfers need to be recorded for payroll or other record purposes will be admin-
istratively determined.) This term includes intra-agency transfers but does
not include inter-agency transfers which will be reported as “Appointment by
Transfer” by the employing agency and as "Separation (Transfer)" by the
releasing agency.16
1 For these provisions of law, and details thereon, see pages 136 to 145.
12 For section 5 of war-service regulation IX, see page 35 ; for further details on pro-
cedure, see page 146.
13 As to promotions, see war-service regulation VI (page 30); civil-service rule XI (page
281); and notes on page 157.
14 As to demotions, see notes on "Reduction in rank or salary,” page 164.
16 As to reassignment, see notes beginning on page 157.
18 As to transfers, see section 3 of war-service regulation IX (page 34); civil-service rule
IX (page 281); and material on pages 148 et seq.
salary advancements, see page 457.
(August 31, 1944)
207.05 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
*
Transfer and Promotion (Trans and Prom) : Change from one position to an-
other position of higher grade or higher minimum salary and from one official
headquarters or duty station to another or between organization units during
continuous service within the same department or agency.17
Transfer and Demotion (Trans and Dem) : Change from one position to another
position of lower grade or lower minimum salary, and from one official head-
quarters or duty station to another or between organization units during con-
tinuous service within the same department or agency.17
Transfer and Reassignment (Trans and Reassign): Change from one position
to another position in a different line of work or service, and from one official
headquarters or duty station to another or between organization units during
continuous service within the same department or agency."7
(B) RATE OF PAY CHANGES : Personnel actions which change an employee's basic
rute of pay exclusive of overtime compensation without a change of position or
grade during continuous service within the same department or agency.
Pay Increase (Periodic) (Pay Inc (Per)): Increase in rate of compensation
as a result of established administrative or legislative requirements (such as
Ramspeck-Mead Act of August 1, 1941) 17" as to length of service, efficiency, etc.,
without change of position or grade during continuous service within the same
department or agency.
Pay Increase (Administrative) (Pay Inc (Adm)) : Increase in rate of com-
pensation other than a "periodic" or "especially meritorious" pay increase granted
administratively without change of position or grade during continuous service
within the same department or agency.
Pay Increase (Especially Meritorious) (Pay Inc (Esp Merit)): Increase in
rate of compensation in recognition of especially meritorious services performed
by an employee (section 2 (f) of Ramspeck-Mead Act of August 1, 1941), without
change of position or grade during continuous service within the same department
or agency.
Pay Decrease (Pay Dec): Decrease in rate of compensation because of efficiency
rating, or other administrative requirements exclusive of "pay adjustment”,
without a change in position or grade during continuous service within the same
department or agency.iº
Pay Adjustment (Pay Adj): Adjustment in rate of compensation because of
legislation or wage-board action, change in classification of position from subject
to Classification Act of 1923 as amended to ungraded or vice versa, change of
salary basis from per annum to per diem, full-time to part-time, etc., or vice
versa, 20 or salary differential allowed for service outside the United States; pro-
17 As to transfers generally, whether involving promotion, demotion, or reassignment, see
section 3 of war-service regulation IX (page 34); civil-service rule X (page 276); and
notes on page 148. As to effect of transfers and returns from transfer upon within-grade
17a For the Ramspeck-Mead Act and regulations and decisions thereunder, see pages 447
to 459.
18 As to especially meritorious pay increases, see pages 448, 449, and 458.
19 In this connection, see decision of the Comptroller General on page 158.
20 As to changes from full-time to part-time, and vice versa, see pages 113 and 114.
(August 31, 1944)
TYPES OF PERSONNEL ACTIONS
207.06
*
vided such adjustment is without a change in position or grade during continuous
service within the same department or agency.
(C) PAY STATUS CHANGES : Personnel actions which during continuous service
place an employee in a leave without pay status or return him to active
duty and pay status within the same department or agency.
21
Leave Without Pay (L WOP): Temporary non-pay status and absence from
duty granted upon employee's request for a period not to exceed one year.?
Suspension (Susp) : Temporary non-pay status and absence from duty required
by the appointing authority for disciplinary reasons or other reasons pending
inquiry.”
Furlough (Furl): Temporary non-pay status and absence from duty required by
the appointing authority because of lack of work or funds for a period not to
exceed one year. (If for more than ninety days, reduction-in-force regulations
must be followed.) 28
Military Furlough (Mil Furl) : Temporary non-pay status and absence from
duty granted by the appointing authority upon employees' entering U. S. military
service, merchant marine, or other similar organizations designated by law or
regulation. (Does not include "Separation (military service)”).24
War Transfer Leave Without Pay (W Trans L W OP): Temporary non-pay
status and absence from duty granted when employee transfers to private or
public enterprise under provisions of section 4, war-service regulation IX.?
Return to Duty (RTD): Return to active duty and pay status from “Leave
Without Pay," indefinite "Suspension," or "Furlough,” other than "Return from
Military Furlough," and "Return from War Transfer Leave Without Pay."28
Return from Military Furlough (Ret Mil Furl): Return to actire duty and
pay status from “Military Furlough.” (If employee was separated to enter U. S.
military service, merchant marine, or other similar organizations designated by
law or regulations, the term “Reemployment after Military Service" should be
used.) 27
Return from War Transfer Leave Without Pay (Ret W Trans L W OP):
Return to active duty and pay status from "War Transfer Leave Without Pay."
20
"728
21 As to granting of leave without pay, see page 517. As to replacement of employees
on leave without pay, see page 517.01. As to termination of leave without pay by employ-
ment elsewhere, see page 432.
22 As to suspension, see section 3 of civil-service rule XII (page 283) and notes on page
201.
2 As to furloughs generally, see page 202. As to termination of furlough upon acceptance
of other Federal employment, see page 432. The reduction-in-force regulations appear on
pages 185 to 192.
24 As to military furlough, see page 197.
20 For more details, see section 4 of war-service regulation IX (page 34) and notes on
page 195.
28 See also notes on "Furlough,” page 202.
27 As to return from military furlough, see pages 141 and 207.
28 As to procedure in return from war-transfer leave without pay, see page 147.
(August 31, 1944)
207.07 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
*
(D) TENURE AND OTHER CHANGES : Personnel actions which occur during con-
tinuous service within the same department or agency and result in extension
of appointment or in an employee's change of "tenure" or "status."
Extension of
Appointment (Ext
Appt): Extension of
tenure of appointment for additional employment in the same position during
continuous service in the same department or agency; such as: "Extension of
Temporary Appointment," "Extension of Excepted Appointment,” etc.'
Conversion to
Appointment (Cony to
Appt): Change in
nature of appointment during continuous service within the same department or
agency (such as “Conversion to War Service Indefinite Appointment” or “Con-
version to Probational Appointment" from "Temporary" or "Excepted Appoint-
ment,” or vice versa, etc.). Also to be used when employee is changed from an
appropriation "excepted" from the competitive civil service requirements, to
one which is “not excepted" or vice versa.
Continuance (Cont) : Continuance of employment beyond the age for "Retire-
ment (Age)” because of employee's special qualifications authorized by act of
Congress (Sec. 2 (b), act of May 29, 1930, as amended; sec. 1, act of July 29, 1942;
sec. 1, act of December 22, 1942) or by Executive order.31
Name Change from----
(Name Chg): Personnel action necessary
to change official records when employee's name is changed by marriage, court
action, or otherwise. 32
80
III. SEPARATIONS: Personnel actions which result in the loss of employees
from the department or agency. This category does not include personnel
actions included under "Pay Status Changes."
Separation (Transfer) (S Trans): Separation during continuous Federal serv-
ice from a department or agency to allow "Appointment by Transfer" in another
Federal department or agency. This term does not include transfer within the
same department or agency. (See ("Transfer.")
Separation (Military Service) (S Mil Ser) : Separations, whether by resigna-
tion or administrative action of agency, upon employee's entering U. S. military
service, merchant marine, or other similar organization designated by law or
regulation. (Does not include "Military Furlough.") 03
20 As to extension of temporary appointments, see page 111.
30 As to conversions to war-service indefinite appointments, see pages 111 and 154 ; as to
conversions to probational appointments, see section 3 (d) of civil-service rule II (page
219) ; section 5 of civil-service rule VIII (page 262); and notes on pages 213 and 214.
81 For text of these sections, see page 130 ; for procedure, see page 133.
32 In reports of name changes, only the present name should appear at the top of the
form; the previous name should be shown as part of the nature of action, e. g., "Name
change from Mary Jones.
83 Ag to separations (military service), see pages 197 and 206.
(August 31, 1944)
TYPES OF PERSONNEL ACTIONS
207.08
OT
Resignation (Res): Separation at employee's request, other than action to
be reported as "Separation (Military Service)." 84
Reduction in Force (RIF): Separation required by the department or agency
because of lack of work or funds, abolition of position or agency, to keep within
Budget Bureau personnel ceilings, or to make a position available to a former
employee with established reemployment or restoration rights.85
Termination (Term): Separation, other than "Resignation" or other applicable
term, from excepted appointment, or during or upon expiration of specified period
of temporary appointment.30
Removal (Rem): Separation required by the department or agency on charges
of misconduct, delinquency, or cause not otherwise to be reported. (If applicable,
add "during trial (or probationary) period.")
Separation (Disqualification) (S Disqual): Separation for failure to meet
conditions specified at time of appointment (such as failure to qualify in charac-
ter investigation, failure to qualify during trial or probationary period, etc.) or
because of information which, if known, would have disqualified employee for
the appointment. (If applicable, add "during trial (or probationary) period.”)
Separation (Inefficiency) (S Ineff): Separation for unsatisfactory perform-
ance of duties. (If applicable, add "during trial (or probationary) period.”)
Separation (Disability) (s Disab) : Separation of an employee whose mental
or physical condition renders him incapable of performing the duties of his
position and who is ineligible for disability retirement. Exclude "Separation
(Legal Incompetence)." (If applicable, add “during trial (or probationary)
period.")
Separation (Legal Incompetence) (S Leg Incomp): Separation because em-
ployee legally has been declared mentally incompetent by a court of competent
jurisdiction.
Retirement (Age) (Ret Age): Separation when employee has a combination
of age and service at which retirement is required by law.
Retirement (Optional) (Ret Opt): Separation after employee applies for re-
tirement on the basis of a combination of age and service at which such re-
tirement is permitted by law.
Retirement (Department Request) (Ret Dept Req): Separation after the
Civil Service Commission approves the agency's request to require the retirement
of an employee eligible but unwilling to apply for "Retirement (optional)."
Retirement (Disability) (Ret Disab): Separation of eligible employee after
the Civil Service Commission deterinines that employee is disabled for useful
and efficient service and transmits Form 3170 to the agency.
Death (Death) Separation at death of employee.
0
84 As to resignations generally, see page 192; as to effective date of resignations, see
pages 198 and 513.
86 The last phrase of this definition is based on departmental circular No. 500 of August
5, 1944. For regulations governing reductions in force, see pages 185 to 192.
38 As to temporary appointment, see page 110.
87 As to removal generally, see war-service regulation VII (page 30); civil-service rule
XII (page 283); and note on page 180. Partial lists of grounds for removal appear in
section 3 of war-service regulation II (page 22) and section 3 of civil-service rule V (page
240). Many of the statutes in the chapter on “Conduct of officers and employees" (pages
407 to 446) prescribe removal as a penalty for their violation.
38 As to disqualifications for appointment, see sections 1 and 3 of war-service regulation
II (page 22); war-service regulation XII (page 40); sections 1 and 3 of civil-service rule V
(page 240); and notes on pages 52.01 to 57.
(August 31, 1944)
208 CIVIL SERVICE ACTS, RULES, AND REGULATIONS, ANNOTATED
NOTES ON STATUS OF PERSONS CERTIFIED OR APPOINTED PRIOR TO
EFFECTIVE DATE OF WAR SERVICE REGULATIONS
Persons who acquired civil-service attachment or by inclusion of the indi-
status prior to March 16, 1942.--Persons vidual's name on a list of employees
who actually acquired a civil-service recommended for classification, supple-
status prior to March 16, 1942 (Septem- mental communications or forms in con-
ber 26, 1942, in the case of deputy mar- nection with the previously submitted
shals and zone deputy collectors of in- recommendations may be submitted to
ternal revenue; October 23, 1943, in the the Commission subsequent to January
case of employees in the fiell service of 1, 1943 (departmental circular No. 291,
the Post Office Department), are not supplement 13, January 23, 1943). (For
deprived of such status by any provi- a full discussion of the procedure to be
sion of the war-service regulations. followed, see notes on the various Exec-
Persons possessing classification rights utive orders on pages 331 to 343.)
under the Ramspeck Act or other stat- Action to be taken in the case of
utes or Executive orders.—The war-serv- persons subject to the Ramspeck Act
ice regulations do not affect rights ac- or related orders who fail to attain a
quired by employees under title I of the classified status thereunder is discussed
Ramspeck Act of November 26, 1940 (54 in the note on page 209.
Stat. 1211), or any statute or Executive Employees who have been recom-
order providing for the acquisition of amended for classification may be trans-
classified (competitive) civil-service ferred while the recommendation for
status.
classification is pending in the Commis-
Eligibility for classification under sec- sion. They do not lose their eligibility
tion 2 (a) of the Ramspeck Act and the for classification by such transfer. The
various Executive orders issued in con- procedure to be followed in effecting such
nection therewith (see pages 328 to 343) transfers, and steps to be taken if the
was lost if the head of the agency con- recommendation for classification is
cerned did not submit recommendation later disapproved by the Commission,
for the employee's classification within are set forth in the note on page 149.
one year after such office or position had
Whenever an employee leaves
been covered into the classified civil agency while recommendation for clas-
service. For most employees, the dead- sification is pending in the Commission,
line for submitting such recommenda- the Commission should be notified
tions was January 1, 1943. (Certain
employees who, having entered the promptly by letter (attention Service
armed forces, bave become entitled to the reason for leaving, such as to enter
Record Division) with a statement of
the benefits of section 6 of Executive
Order No. 8743 of April 23, 1941, are
the military service, for transfer to
subject to a different deadline as set
some other agency (giving the name of
forth on page 330.) The Commission, the agency), or resignation (not for
notification should
however, does not consider requests for transfer). Such
reopening or amendment of recommen- show the date of the recommendation
dations, or the submission of additional for classification.
evidence or forms, to be recommenda-
If notice to report for noncompeti-
tions as contemplated by the Ramspeck tive examination is received by an
Act. Therefore, in those cases where agency after the employee has left that
recommendation was submitted prior to agency, such notice should be returned
January 1, 1943, either on appropriate to the Commission with any information
individual recommendation forms with available concerning his whereabouts.
an
t
SCHEDULE B OF THE CIVIL SERVICE RULES
POSITIONS WHICH MAY BE FILLED UPON NONCOMPETITIVE
EXAMINATION 1
[As amended by Executive Order No. 9004, December 30, 1941]
The Civil Service Commission with the concurrence of the department or
agency concerned may revoke in whole or in part any paragraph of Schedule
A or B.2
Final decision as to whether the duties of any position in the executive civil
service are such that appointments thereto are authorized under any paragraph
of Schedule A or B shall rest with the Civil Service Commission.”
I. INTERIOR DEPARTMENT
1. Any competitive position at an Indian school when filled by the wife of a
competitive employee of the school, when because of isolation or lack of quar-
ters, the Commission deems it in the interest of the service to have appointment
made upon noncompetitive examination.
2. Twelve field representatives to act as the immediate and confidential repre-
sentatives of the Commissioner of Indian Affairs, subject to such evidence of
qualifications as the Commission may prescribe after consultation with the
Commissioner of Indian Affairs.
3. Civilian Conservation Corps : Civilian field positions in Civilian Conservation
Corps camps at not to exceed a rate of $1,320 per annum, when filled by the
promotion of active enrollees.*
II. FEDERAL WORKS AGENCY
1. Administrative or custodial positions in the field service of the United
States Housing Authority' relating to the management or maintenance of Fed.
1 Preference in Schedule B examinations.---Preference to honorably discharged soldiers,
sailors, marines, etc., will be allowed in appointments based upon noncompetitive
examinations under Schedule B (Commission's minute 2 of September 28, 1920).
Temporary appointment pending appointment under Schedule B.—General authority has
been given for temporary appointment, not to exceed 30 days, if necessary in emergencies,
with the distinct understanding that the department's proposal for the appointment under
Schedule B be submitted without delay. The report of temporary appointment made under
this authority should be submitted promptly by letter to the Commission's central office.
The Commission has extended this general authority to 60 days in the case of the War
and Navy Departments, and has authorized the automatic extension of the temporary
appointment for a period of 30 days (making 90 days in all), without further authority
from the Commission, in cases where the War or Navy Department has initiated the
request for authority for the schedule B appointment on or before the date temporary
appointment is effective and action by the Commission is not completed within 60 days
(departmental circular No. 163, April 30, 1938; Commission's minute 8 of May 28, 1940, and
Commission's minute 3 of July 17, 1940).
*Requests for authorization of Schedule B appointments.--Authority to approve the quali-
ications of proposed candidates for appointment under Schedule B has not been delegated
to field oficials of the Commission except in the case of appointments under Schedule
B-IV-3 in the War Department, for recruiting on the mainland and subsequent employ-
ment in Hawaii. Authority to approve appointnients of the latter type has been dele-
gated to all regional directors, and they have been furtber authorized to delegate this
authority to their representatives on the mainland. All other Schedule B cases (including
all other Schedule B-IV-3 cases outside of War Department appointments in Hawaii) are
to be referred by the agencies to the central office of the Commission for prior approval of
qualifications (action of Commission, July 14, 1944).
Effect of employment-stabilization programs on recruitment for Schedule B positions. See
page 49,
Reports to the Commission of Schedulo B appointments.—See page 204.*
* These paragraphs, which appeared near the end of Executive Order No. 9004, have been
transferred to the head of Schedule B for convenience in reference.
* The act of July 12, 1943 (57 Stat. 494), requires the liquidation of the Civilian
Conservation Corps not later than June 30, 1944.
The United States Housing Authority has been transferred to the National Housing
Agency as the Federal Public Housing Authority by Executive Order 9070, February 24,
1942.
315
(August 10, 1944)
316 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
eral low-rent housing projects which, in the opinion of the Commission cannot be
filled satisfactorily through open competitive examinations, provided, that no
position shall be filled under this paragraph unless it is clearly demonstrated
that the best interests of the service will be served thereby.
III. DEPARTMENT OF COMMERCE
1. Not to exceed six specialists who may be employed in the United States for
the purpose of promoting the foreign and domestic commerce of the United
States.
2. Revoked by Executive Order No. 9239, September 8, 1942.
IV. WAR DEPARTMENT
1. Positions of military storekeeper in the Signal Service at Large when filled
by retired noncommissioned officers of the Signal Corps.
2. Four positions of headquarters messenger at the headquarters of the
Philippine Department, when filled by honorably discharged enlisted men who
have been on duty at those headquarters.
3. Any person employed in an area outside the continental limits of the United
States (except the Canal Zone and Alaska), when in the opinion of the Secretary
of War the best interests of the service so require.
4. Classified positions in the field service of the War Department when filled
by the promotion of unclassified laborers appointed under the Labor Regulations,
subject to the approval of the Commission.
5. Civilian Conservation Corps : Civilian field positions in Civilian Conserva-
tion Corps camps at not to exceed a rate of $1,320 per annum, when filled by
the promotion of active enrollees.
6. Civilian Conservation Corps: Positions of subaltern in Civilian Conserva-
tion Corps camps when filled by the promotion of active enrollees who have
satisfactorily completed a prescribed course of instruction of the subaltern school.
V. DISTRICT OF COLUMBIA
1. Surgeons of the police and fire departments of the District of Columbia.
VI. TREASURY DEPARTMENT
1. Classified positions in the field service of the Treasury Department, when
filled by the promotion of unclassified laborers appointed under the Labor
Regulations, subject to the approval of the Commission.
VII. STATE DEPARTMENT
1. Specialists in foreign relations, political, economic, and financial, whose
proposed compensation is $3,200 or more, and whose training and experience
along the lines of their proposed duties meet the standard minimum qualifications
set up in open competitive examinations for positions in the professional service
for corresponding grades.
6 The War Department has been granted authority under this paragraph for the appoint-
ment in the continental United States and preliminary training, not to exceed 90 days, of
persons for duty in the Hawaiian Islands, in connection with defense projects (Commission's
minute 3 of May 7, 1941). As to procedure for submitting requests for authorization of
such appointments, see notes on page 315. Journal reports of appointments of this nature
should be routed to the Commission's central office, and should bear suficient identifying
data to show which of the Commission's field offices approved the qualifications of the
person recruited (actions of Commission, July 14 *and August 31, 1944).*
The act of July 12, 1943 (57 Stat. 494), requires the liquidation of the Civilian
Conservation Corps not later than June 30, 1944.
(August 31, 1944)
HOURS OF LABOR
464.01
1
SEC. 2.
And provided further, That the provisions of
this act shall not operate to furlough or dismiss any regular sub-
stitute.
SEC. 3. The act shall take effect October 1, 1935 (act of August
14, 1935, 49 Stat. 650, as amended by the acts of May 7, 1936, 49 Stat.
1266; August 16, 1937, 50 Stat. 651; May 12, 1939, 53 Stat. 741;
August 9, 1939, 53 Stat. 1273; March 27, 1942, 56 Stat. 188; and June
12, 1944, Public Law 334, 78th Cong.; 39 U. S. C. 1940 ed. 832).
TRADES AND OCCUPATIONS
The weekly compensation, minus any general percentage reduction
which may be prescribed by act of Congress, for the several trades
and occupations, which is set by wage boards or other wage-fixing
authorities, shall be reestablished and maintained at rates not lower
than necessary to restore the full weekly earnings of such employees
in accordance with the full-time weekly earnings under the respective
wage schedules in effect on June 1, 1932: Provided, That the regular
hours of labor shall not be more than 40 per week; and all overtime
shall be compensated for at the rate of not less than time and one-half
(section 23 of the act of March 28, 1934, 48 Stat. 509; 5 U. S. C.
1940 ed. 673c).11
Where the adjustment of regular hours of duty of em-
ployees subject to the provisions of the preceding paragraph re-
11 Applicable to employees of the District of Columbia as well as to employees of the
Federal Government (16 Comp. Gen. 663, January 18, 1937).
The basic rate of compensation on which the overtime compensation prescribed by the
forty-hour week statute of March 28, 1934, is required to be computed is the rate received
during an employee's regular hours of labor of not more than forty hours per week, regard-
less of the time during the twenty-four hours of the day or the seven days of the week
such regular hours of labor may be performed.
The forty-hour week statute of March 28, 1934, vests no discretion to exclude a night
differential or bonus fixed by a wage board or other wage-ixing authority for a regular tour
of duty at night from the basic rate of compensation upon which the overtime compensa-
tion under the statute is to be computed for work in excess of the regular forty-hour
weekly tour of duty.
An employee coming within the purview of the forty-hour week statute of March 28,
1934, who is granted an authorized leave of absence with pay from a regular tour of duty
at night is entitled to receive during the absence the regular rate of compensation (includ-
ing a night differential) for night duty received by him when he goes on leave, whether
for a short or long period; but an employee rotating on day and night shifts who is granted
leave while not on the night shift and not receiving the night differential is not entitled to
the night differential while on leave (decision, Comptroller General, July 20, 1944).
*Per-hour employees subject to the forty-hour week statute of March 28, 1934, who,
under the present work schedule, are required to work regularly six eight-hour days per
week (Monday through Saturday), instead of the five days (Monday through Friday) re-
quired under normal conditions, overtime rates of compensation being paid for Saturday,
are entitled to compensation for not to exceed eight hours at overtime rates for a Saturday
on which they are required to perform oflicial travel, whether by common carrier or by
privately owned conveyance; however, for travel time on a Sunday, basic rates of compen-
sation, exclusive of overtime, for not to exceed eight hours are payable (decision, Comp-
troller General, August 3, 1944).*
(August 31, 1944)
A 22
80,
JK
CIVIL SERVICE ACT AND RULES TRANSMITTAL SHEET NO. 9
6 3 3
August 24, 1944
These sheets should be torn or cut apart along the
perforations. They should then be substituted as shown
on the back of this page for pages of the loose-leaf edi-
tion of the "Civil Service Act and Rules." The steps in
making the insertions are explained on page XX of the in-
troductory chapter, "How to Use This Book. The date of
this transmittal sheet and the date of filing should then
be noted on the "Filing Record" at the front of the book,
and this page should be filed immediately behind Trans-
mittal Sheet No. 8.
When this filing is completed, pages 4 to 54, 75 to
123 to 135, 185 to 198, 291 to 365, and 447 to 525
will be up to date as of August 24, 1944.
Remarks
Practically all the material on pages 76 to 79 (in-
cluding decimals) has been revised, rearranged, and ex-
panded considerably. The other pages have been affected
in the following ways:
Additions have been made on pages 49, 49.01, 51, 52,
52.01, 75, and 79.01.
Deletions have been made as indicated on pages 51
and 75.
Changes have been made on pages 49, 49.01, 50, 53,
and 54.
The Veterans' Preference Act of 1944 (see page 10 of
the Act and Rules) has made important changes in the basis
on which preference is granted, particularly with respect
to peace-time service. The section on "Veteran Prefer-
ence" (pages 76 to 79) has been revised accordingly. It
has also been considerably expanded because of the in-
creased responsibilities of appointing officers with re-
spect to claims for veteran preference.
preference. It should be
helpful, for example, in connection with appointment to
unclassified positions, and in connection with carrying
out the provisions of sections 203 and 304 of the reduc-
tion-in-force regulations, which appear on pages 186.01
and 186.04.
The deletion on page 51 is due to restriction placed
on Commission examinations for attorney positions by the
Independent Offices Appropriation Act, 1945. The change
on page 54 is merely a clarification.
It is believed that the nature of all other changes
will be apparent upon comparison of the old with the new
pages.
806539-44
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DEPOSITED BY THE
UNITED STATES OF AMERICA
NOTES ON RECRUITMENT
49
.
travels in the field making appointments Schedule A or B.-In recruiting at any
on the spot.
point for appointment under Schedule
*Whenever it is determined that any A or B within commuting distance of
agency's needs cannot be met through that point, no clearance with the Civil
the Commission's facilities alone, that Service Commission, its regional offices
agency will be encouraged to enter into or representatives is necessary.
a joint recruiting program with the Agencies may, of course, deal directly
Commission. However, no joint recruit- with the Employment Service of the
ing agreement will be entered into with War Manpower Commission at such
an agency for filling a position of the points for assistance they may need
type for which the Commission urges in recruiting.
direct recruiting (see note on "Direct Wiere agencies desire to recruit at
recruiting", page 48) until the agency a point for placement in positions under
has first placed a direct recruiting order | Schedule A or B at places beyond the
with the Commission and furnished the commuting area of that point, they
information outlined in the note on page should arrange with the appropriate
48, and the Commission has had a rea- representative or regional office of the
sonable length of time to recruit on Civil Service Commission for such
exactly the same basis as that on which clearance as may be necessary with the
the agency's representatives would be War Manpower Commission. Where
authorized to recruit.
the recruitment would involve more
Joint recruiting programs will be than one War Manpower region, neces-
carried on under the direction of the sary arrangements for inter-regional
appropriate regional director of the clearance will be made with the cen-
Commission, and the itineraries, sources tral office of the Commission by the
to be tapped, and recruiting publicity Commission's regional office serving the
must receive his prior approval. The area of employment. (These require-
civil-service regions in which recruitments as to clearance with the Civil
ing may be undertaken will depend on Service Commission do not apply to the
the location of other recruiting activ- Alaskan Department of the War De-
ities and the territory open under War partment, which will secure recruiting
Manpower Commission policies and clearances for its Schedule A employees,
procedures.
as well as for employees of private con-
Where joint recruiting programs for tractors in Alaska and the Aleutians,
departmental positions in Washington direct from the War Manpower Com-
are agreed upon, representatives of the mission.)
agency will be given a preliminary These provisions do not effect any
training course in recruiting methods changes regarding examinations under
by the central office of the Commission, Schedule B, the determination of
if the agency so desires. This training qualifications of individuals for ap-
will be supplemented in the Commis- pointment under Schedule A, or the
sion's regional offices by such training securing of statements of availability
in field procedures as may be necessary for persons appointed under either of
(departmental circular No. 477, March these Schedules (departmental circular
29, 1944; departmental circular No. 482, No. 442, supplement 4, May 25, 1944; ac-
May 10, 1944; memorandum of Commis- tion of Commission, August 18, 1944).*
sion to heads of executive departments Requisitioning of personnel from the
and independent establishments, Feb-Commission.-See notes, page 70.
ruary 8, 1943).*
*Restrictions on recruitment under
Impersonation of Government offi- War Manpower Commission directives.-
cer.-See notes on page 59.
War-service regulation XII provides in
*Recruitment for positions under part as follows:
(August 24, 1944)
49.01
NOTES ON RECRUITMENT
“Actions taken under or pursuant to Federal employees, appears on page 13.
these War Service Regulations shall be The other directives and regulations of
subject to the directives, orders, regula- the War Manpower Commission which
tions and employment stabilization pro-
have the greatest bearing upon personnel
actions in the Federal service appear
grams of the War Manpower Commis-
on pages 349 to 363. The application of
sion."
employment-stabilization programs to
War Manpower Commission Directive appointments in Federal agencies is dis-
No. X, which relates to transfer of cussed on page 82.*
(August 24, 1944)
NOTES ON EXAMINATIONS AND ADMISSION THERETO
50
NOTES ON EXAMINATIONS AND ADMISSION THERETO
EXAMINATION ANNOUNCEMENTS gained in a part-time or full-time occu-
pation" (action of Commission, August
[See war-service regulation 1]
4, 1941).*
*Under section 1 of war-service regu- "Applications are not desired from
lation I, examinations for original ap- persons engaged on war work unless the
pointment will be competitive except position applied for requires the use of
that noncompetitive examinations may higher skills than the worker is using
be authorized when sufficient com- in his present employment.” (In con-
petent persons do not compete. Section tacts made as a result of positive and
5 of war-service regulation V (see page direct recruiting assignments, prospec-
29) permits temporary noncompetitive tive applicants must be notified of this
appointments in certain cases when, in policy.)
the discretion of the Commission, the "Appointments in the Federal service
exigencies of the war program demand are made in accordance with War Man-
that a position be filled immediately be- power Commission policies and em-
fore the Commission has time to estab-ployment stabilization programs. This
lish a formal list of eligibles. The only means generally that persons employed
authority for restricting admission to in certain activities or occupations may
examinations (other than to residents of be required to obtain statements of
a particular area) is that contained in availability from their employers or
section 3 of war-service regulation I *referralt from the United States Em-
(page 21). This section, which pro- ployment Service before they can be
vides for the restriction of certain ex- appointed. An offer of Federal ap-
aminations to preference applicants, is pointment will be accompanied by in-
discussed in more detail on page 61. structions as to what steps the person
The following statements will be in- must take to secure necessary clearance.
cluded in examination announcements : Statements of availability should not be
"Preference in appointment (includ- secured until an offer of appointment is
ing the addition of extra points to received" (action of Commission, No-
earned ratings) is given under certain vember 16, 1942; Commission's minute 1
conditions to: ex-service
and of July 9, 1943).
women, unmarried widows of deceased With respect to inclusion in announce-
ex-service men, and wives of such dis-ments of statements as to physical re
abled ex-service men as are disqualified quirements, see page 89.
for appointment because of service-con-
APPLICATIONS
nected disability. In rating the ex-
perience of a preference applicant, the
[See section 2 of war-service
time spent in the military service will
regulation II]
be regarded as an extension of time Application for examination
spent in the position the applicant heldquired. --All persons are required to
when he entered such service. The make a proper application for appoint-
veteran on whose service a preference ment under civil-service laws.
The ex-
claim is based must have been hon- amination is not the only statutory re-
orably separated from active military quirement.
The authorities
service" (action of Commission, August may require all applicants to verify
4, 1944).
such applications, and perjury may be
"Credit will be given for all valuable committed in making oath to them.
experience of the type required, regard. (Am. and Eng. Encyl. of Law, "Civil
less of whether compensation was re-Service." See also Johnson v. U. S., Oct.
ceived or whether the experience was 1 1905, 26 D. C. App. 128.)
men
rc-
*
(August 24, 1944)
51
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
Application forms to be used.-Stand- the agency (departmental circular No.
ard Form 57 is the generally acceptable 449, November 10, 1943).*
form for application for original ap- Perjury in application.-See notes on
pointment, transfer, etc., under the war- page 57.
service regulations, and for personal Authority to administer oaths to
history purposes in departments and applicants.—Under the act of August 23,
agencies. This form is acceptable even 1912 (37 Stat. 372; 5 U. S. C. 1940 ed.
when submitted under circumstances 634), members of the Civil Service Com-
where the simpler Standard Form 60 is mission and its duly authorized repre-
authorized. (Civil Service Commission sentatives may administer oaths to
Forms 9 and 10 are still required, how-civil-service applications. The Com-
ever, for positions as postmaster and mission may legally designate any per-
rural carrier.**
son as its agent to administer oaths in
Standard Form 60 is acceptable for civil-service matters and such persons
use as an application for war-service are not required to become members of
appointments to positions as mechanics, a civil-service board of examiners in or-
office-machine operators, laborers, man-der to be clothed with the authority to
ual workers, and trainees for such posi- administer such oaths (action of Com-
tions. In connection with recruiting for mission, November 20, 1940).
war-service appointments to other lim- Any Federal, State, county, or city
ited classes of positions not requiring officer, empowered by law to administer
elaborate description of education or ex-
oaths for general purposes, may ad-
perience, the principal examiners and minister the oath required in the jurat
regional directors of the Civil Service of an application for a civil-service ex-
Commission may call for applications on amination. The absence of an impres-
Standard Form 60.
sion seal will not invalidate the officer's
Agencies may elect to use Standard certificate on the jurat (Commission's
Form 60 instead of Standard Form 57 minute 3 of June 15, 1931).
for their own personal history records
As to the designation of an employee
for any classes of appointees whose by the head of his department to admin-
proper utilization and placement does ister oaths to civil-service applications,
not involve reference to items on Stand- under authority of section 206 of the
ard Form 57 which are not covered in act of June 26, 1943 (57 Stat. 196).
Standard Form 60. For developing the see notes on page 108. In the absence
of such delegation, oaths to ap-
details of the applicant's duties and
responsibilities in past employments,
plications for civil-service examina-
Standard Form 57 provides more total tions executed by a postmaster (except
within the Territory of Alaska), post-
space and suggests a fuller description
of each employment than does Standard office inspector, or chief clerk or assist-
ant chief clerk of the Railway Mall
Form 60 (departmental circular No. 402,
January 5, 1943, and supplement 1
Service will not be acceptable. Their
thereto, February 2, 1943).
ex officio authorities are limited to the
adroinistration of oaths for special pur-
Standard Form 62, rather than Stand-
ard Form 57, is used for promotions (de- tion of the jurat in a civil-service ap-
execu-
partmental circular No. 237, revision 3, plication (Commission's minute 2 of
September 20, 1943).
January 10, 1938, and minute 2 of Feb-
*Photographs.-Photographs should
ruary 9, 1938; act of August 5, 1939 (53
not be required in connection with any Stat. 1219; 48 U. S. C. 1940 ed. 35a)).
form submitted to the Commission. In the absence of proper designation
The Commission urges all departments under section 206 of the act of June 26,
and agencies not to require photographs 1943, officers of the Army, Navy, and
in connection with forms used within | Marine Corps are not, in general, au-
?
(August 24, 1944)
NOTES ON EXAMINATIONS AND ADMISSION THERETO
52
thorized to administer oaths to civil- serve officers on active duty, of the
service applications. Under the act of ranks of Lieutenant, junior grade, and
April 25, 1935 (49 Stat. 161 ; 34 U. S. C. First Lieutenant and above, have been
1940 ed. 718), such officers of the Navy designated to have such notarial
or Marine Corps as are authorized to powers; they may exercise them, how-
administer oaths for the purposes of ever, only for persons in the naval serv-
the administration 01 naval justice and ice or for civilians connected with the
for other purposes of naval administra- naval service in some capacity.*
tion have authority to administer oaths Under the act of April 25, 1935 (49
to applications for civil-service exami- Stat. 162; 34 U. S. C. 1940 ed. 217b),
nations when stationed in places be- such of certain civilian officers of the
yond the continental limits of the Navy Department as may be designated
United States. While the Coast Guard by the Secretary of the Navy have au-
is operating as a part of the Navy un- | thority to administer oaths to civil-
der Executive Order No. 8929 of No- service applications filed by officers and
vember 1, 1941, commissioned officers employees under the Nával Establish-
of the Coast Guard have the same au- ment both within and without the con-
thority with respect to the administra- tinental United States (Commission's
tion of oaths to civil service applica- minute 1 of July 16, 1942). Similarly,
tions as commissioned officers of the under the act of December 14, 1942 (56
Navy, subject to the same conditions Stat. 1050), which amended Article of
(Commission's minute 1 of July 16, War 114, certain Army officers specified
1942).
in that act have authority to adminis-
Under the act of April 9, 1943 (57 Stat. ter oaths to civil-service applications
58), such officers of the Navy, Marine filed by persons subject to military law.
Corps, and Coast Guard as the Secretary False statement of oficer concerning
of the Navy may designate have the gen- oath taken before him.-See notes on
eral powers of a notary public during page 110.
the existence of a war in which the Belated applications. - Applications
United States is engaged or of a na- received after the specified closing date
tional emergency declared by the Presi- for receipt of applications will be ac-
dent, and for six months after the cepted when it is clearly shown that the
termination of such war or national fault lies with the Commission or its
emergency. The act further provides representatives (Commission's minute 3
that whenever the Coast Guard shall be of July 1, 1939).
under the jurisdiction of the Secretary Return of applications for completion
of the Treasury during a national emer- or correction.—Applications which have
gency, the Secretary of the Treasury been returned to applicants for correc-
shall have such power to make designa- tion or completion will be accepted if
tion of Coast Guard officers; that no fee again received by the Commission at
of any character shall be paid to any any time during the life of the register,
officer for the performance of any nota- but no application will be returned
rial act authorized by the act; and more than once for correction or com-
that the signature without seal of any pletion. If the returned application has
officer of the Navy, Marine Corps, or been misplaced, destroyed, or lost in the
Coast Guard acting as such notary pub- mails, the applicant may be permitted
lic shall be prima facie evidence of his to file a new application, with the pro-
authority. By a regulation of the viso that unless the second application
Acting, Secretary of the Navy, published is in due form when first received, it
in 9 F. R. 1182, February 1, 1944, all will be rejected (actions of Commis-
officers of the Navy, Marine Corps, audsion, April 28, 1937, and January 23,
Coast Guard, including retired and re- 1 1940).
(August 24, 1944)
52.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
In any
Disposition of applications received by appointment of these applicants will
agencies other than the Commission.-contain the qualifying statement "Non-
See section 1 (e) of war-service regula- citizen, not eligible for appointment if
tion IV.
appropriation from which appointee will
be paid prohibits employment of non-
GROUNDS FOR ACCEPTANCE OR REJECTION
citizens."
OF APPLICATIONS
No alien will be certified for appoint-
Citizenship
ment to any position as long as any
[See section 1 of war-service regulation II] citizen eligible is available.
Application accepted subject to citi- case where an incomplete certification
zenship.-A foreign-born person who of qualified citizen eligibles has been
claims United States citizenship but is made to an agency, an affirmative state-
unable to submit the required proof ment of reasons for nonselection of such
with his application will be admitted citizen eligible or eligibles must be made
conditionally to the examination (Com- in writing by the agency and accepted
mission's minute 1 of April 21, 1934, and by the appropriate office of the Commis-
minute 1 of February 13, 1939).
sion prior to supplemental certification
*The application of any person of of aliens for the position.
foreign birth entitled to military prefer- Noncitizens may also be proposed by
ence who claims to be a citizen of the appointing officers for individual non-
United States but cannot immediately competitive consideration, in the ab-
furnish proof of his citizenship may be sence of qualified citizens, if there is
accepted and certified subject to sub- authority in the appropriation act or
mission of proof of citizenship within other statute for the employment of
six months from date of entrance on noncitizens.
duty (Commission's minute 2 of Jan-
In any case, a noncitizen will not be
uary 15, 1944). As to special procedures declared eligible for a position unless he
for the naturalization of aliens who meets the recruiting requirements of
serve in the armed forces of the United training and experience for the position.
States, see notes on page 95.
The requirements set forth above
Acceptance of applications of non- apply to certification for temporary as
citizens.—Under section 1 of war-serv- well as for indefinite war-service ap-
ice regulation II, no person can be ad-pointment (action of Commission, No-
mitted to an open competitive examina-vember 8, 1943; Commission's minute 1
tion unless he is a citizen of or owes of April 21, 1944).*
allegiance to the United States. Inas-
Disposition of citizenship proof fur-
much as some appropriation acts (see nished to the Commission. Unaltered
page 96) contain exceptions to the gen- or nonmutilated original naturalization
eral prohibition against the employment certificates submitted to the Commis-
of noncitizens, the Commission may ac- sion will be returned directly to the ap-
cept applications from noncitizens plicant by registered mail as soon as
qualified for critical positions for entry action is completed. Altered or mu-
on supplemental lists of noncitizens. tilated certificates must be referred
Names are submitted to agencies from to the Immigration and Naturaliza-
such supplemental lists only when the tion Service. Marriage certificates and
request indicates that noncitizens may birth certificates sent to the Commis-
be appointed and when no qualified sion will be returned to the applicant
citizen eligibles are available. As a by regular mail. Affidavits regarding
protective measure, the authority for ' identity or relationship will be retained
!
(August 24, 1944)
NOTES ON EXAMINATIONS AND ADMISSION THERETO
53
as part of the Commission's files. It is June 27, 1944), *contains a clause, ap-
unlawful to make copies of naturaliza- plicable to all appropriations in any act
tion certificates (departmental circular unless specifically excepted, prohibiting
No. 362, August 6, 1942).
the payment of salary to any noncitizens
Citizenship requirements in examina- other than those in certain categories.
tions for positions on the Isthmus of The text of this clause, a list of excep-
Panama.—The requirements as to citi- tions therefrom, and. various rulings
zenship may be waived for applicants thereunder, are set forth on pages 92
for positions on the Isthmus of Panama to 98.
under such regulations as may be pro- The enforcement of this clause is
vided by the Commission (Executive primarily the responsibility of the ad-
Order No. 283, December 8, 1904). The ministrative office concerned. In view
Commission has determined, however, of the provisions of section 1 of war-
by minute 5 of May 23, 1941, 'that civil service regulation II as to the exclusion
service examinations held in the Canal of noncitizens from examinations, the
Zone will be open only to citizens of the
names of persons who do not meet this
United States.
appropriation-act restriction will rarely,
Filipinos.-Citizens of the Philippine | if ever, appear on certificates issued by
Islands are not ipso facto citizens of the Commission; nevertheless, it is to
the United States (39 Op. Atty. Gen. be understood that any such certificates
86, July 16, 1937), but they owe al.which may contain the names of persons
legiance at present to the United who are not citizens of, but owe al-
States. Section 8 of the Philippine In- | legiance to, the United States are sub-
dependence Act of March 24, 1934 (48 ject to the restrictions of any applicable
Stat. 457; 48 U. S. C. 1940 ed. 1238), appropriation act, whether restrictive
does not effect a present change in the language is contained in the certificate
status of Filipinos, and the Commission
or not (action of Commission, Septem-
has therefore continued its previous ber 9, 1940).
policy with respect to the admission of
Service by noncitizens.-Wher it
Filipinos to examinations (Commis- 1 comes to the attention of the Commis-
sion's minute 2 of September 21, 1934). sion that a classified employee is not a
Under this policy, citizens of the Philip- citizen of the United States and secured
pine Islands are admitted to examina- his position by falsely claiming citizen-
tions on the same basis as citizens of ship, his removal from the service will
the United States.
be requested on the ground that the
Citizenship of natives of the Territo- Commission has no legal authority to
ries and island possessions of the United | permit his retention.
States.-See notes on page 94.
When service resulting from such an
Citizenship derived from marriage or appointment is offered for reinstate-
naturalization of spouse or parent.-ment or transfer purposes, it will be
See notes on page 95.
accredited only in cases where the pro-
Summary procedure for naturalization posed appointee or transferee has ac-
of person who has served in the armed quired full citizenship, prior to the date
forces of the United States or its allies.- the transfer or reinstatement is re-
See notes on page 95.
quested : Provided, however, That when
Loss of citizenship through desertion such an appointment was secured by a
or draft evasion.-See notes on page 96. fraudulent statement concerning citi-
Appropriation-act restriction on em- zenship as distinguished from an honest
ployment of noncitizens.-Section 205 of mistake on the part of the applicant,
the Independent Offices Appropriation service resulting from such an appoint-
Act,* 1945 (Public Law 358, 78th Cong., 'ment will not be accredited (Commis-
1
(August 24, 1944)
54 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
sion's minute 6 of December 8, 1938, as Political Activities Act.-Where the
amended by minute 3 of May 22, 1939). Commission has issued a Final Report
In cases where a noncitizen has been and Order for the removal of a State or
erroneously certified by the Commission local officer or employee for violation of
through no fault of his own, the Com- section 12 of the Hatch Political Activi-
mission will not object to his retention ties Act, he may not be employed in the
in the service by the office in which he classified service for 18 months there-
is employed, but any question as to the after, and no application for competitive
payment of his salary is a matter for examination will be accepted from him
determination by the department and during that period (Commission's min-
the Comptroller General (Commission's ute 3 of September 24, 1943).
minute 2 of July 16, 1942).
Misconduct
Circumstances of Separation from Pre-
[See section 3 of war-service regulation II]
vious Employment
[See section 3 of war-service regulation II] Persons convicted of felonies or misde-
Time limit on acceptance of applica- meanor or under indictment.--Applica-
tions after removal for delinquency or tions from persons convicted of Federal
misconduct.--The acceptance of an ap-
offenses and released from United States
plication for competitive examination penal and correctional institutions, or
from a person removed from the Govern- on parole from such institutions or on
ment service for delinquency or miscon- probation from the United States dis-
duct will be dependent upon the facts trict courts for such offenses, will be
of the particular case.
accepted conditionally and will be noted
Reemployment after resignation.- "Convicted of Federal offense not to be
See notes, page 122.
certified until favorable report is re-
Release from previous employment.-ceived from Department of Justice or
See sections 1 and 2 of war-service United States probation officer.” In the
regulation X and notes on pages 81 case of persons convicted of a felony in a
and 82.
State court, the application will be
Reemployment of persons retired from noted: “Convicted of a felony in a State
the Federal service.-See notes, pages court--not to be certified until favorable
122 and 129.
report is received from appropriate au-
Acceptance of applications from per- thorities.” Decision whether or not to
sons who have been dishonorably dis- accept the application will be made on
charged from the armed forces.-*Ap- the basis of these reports, which will in-
plications from persons who were for- clude complete information regarding
merly in the armed forces of the United the applicant's background, his conduct
States and who have been separated during his prison term, his past educa-
therefrom either dishonorably or under tion and experience, and any special
conditions other than honorable will be training and experience he may have re-
accepted, so far as the element of time is ceived during his prison term, together
concerned, after the lapse of one year with a definite recommendation as to
from the date of such separation, sub- whether he should be considered for
ject to appropriate investigation, except Government employment. The nature
that in exceptionally meritorious cir- of the offense of which the applicant
cumstances applications may be accepted was convicted and the nature of the
earlier. The same policy will also apply position for which application is made
to former eligibles who have been sepa- will also be taken into consideration in
rated from the armed forces either dis- making this decision. In certifying per-
honorably or under conditions other sons whose applications have been ac-
than honorable and who are seeking res-cepted under this procedure, the report
toration to the register (Commission's received from the penal and correctional
minute 2 of December 6, 1943).*
institution, the United States probation
Persons removed from State positions officer, or the State authorities, will be .
for violation of section 12 of the Hatch made available to the appointing officer.
(August 24, 1944)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT
75
see
and the Canal Zone Retirement Act, as *Notations on list.-The numerical
amended, contain provisions for the re- ratings of eligibles will be entered on the
employment, under certain conditions certificate. Ten-point preference eligi-
and circumstances, of persons retired bles and five-point preference eligibles
thereunder for age or through exercise will in all cases be distinguished by the
of a retirement option. (See page 129.) entry of the letters "DP” and “P”, re-
There is nothing in these laws limiting spectively, on the certificates. In cases
the tenure of the appointment of such where appointment is subject to inquiry
anpuitants. Therefore, such eligibles or to investigation of general qualifica-
should not be certified under the war- tions, suitability, and fitness, appropri-
service regulations, but if it is desired ate notation to that effect will appear on
to bring the qualifications of an annui- the list. The additional names which
tant to the attention of an appointing are to be used in the event of declina-
officer, his name may be included on tions will be clearly identified (depart-
a certificate of eligibles, provided it is mental circular No. 323, revised, March
clearly identified (Commission's minute 30, 1942; departmental circular No. 493,
1 of July 22, 1943). The names of such July 3, 1944; action of Commission, July
persons will not be considered as part of 26, 1944). As to appointment from cer-
the regular certificate and no reasons | tificates of persons already employed
need be given by the appointing officer by the Federal Government, see page
for not considering any such eligible or | 82; as to appointment from certificates
for selecting any such eligible without of persons who have been separated
regard to regular eligibles on the certific from Government positions within the
cate (action of Commission, July 26, preceding 30 days, see page 122; as to
1944).
passing over veteran eligibles,
Certification of persons of foreign page 86.*
birth. See notes on page 52.*
Correction of erroneous certification.-
Members of subversive organiza- See notes on page 86.
tions.-As a matter of oficial policy, the Submission of names of eligibles to
Commission will not certify to any de other appointing officers prior to receipt
partment or agency the name of any of report on list of eligibles.--See notes
person when it is established that he on page 115.
is a member of the Communist party, the Replacement of persons originally ap-
German-American Bund, or any other pointed under section 2 of rule VIII.-
Communist, Nazi, or Fascist organiza- Lists of eligibles will not be issued for
tion (departmental circular No. 222, the replacement of persons who on
June 20, 1940).
March 15, 1942, were serving under sec-
Furnishing names for positions re- tion 2 of civil-service rule VIII, unless
quiring suitability investigation. If all the appointing officer submits requisi-
eligibles on a register for a position tions for the purpose of replacing per-
requiring character investigation by the sons whose services are unsatisfactory
Commission have been certified for ap (departmental circular No. 323, revised,
pointment and it becomes necessary to March 30, 1942).
fill additional vacancies in such positions * * *
*
by the certification of eligibles who have Age limit in certification to positions
not been investigated, a certificate will which require bonding of appointees.-
be issued for war-service appointment In issuing certificates to fill positions in
subject to the appointee's qualifying in the offices of collectors of internal
the character investigation (based on revenue which require the bonding of
Commission's minute 3 of January 29, appointees, only eligibles who have
1934).
reached their twenty-first birthday will
(August 24, ,
1944)
76
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
*
be certified (Commission's minute 1 of mine the qualifications of applicants for
January 30, 1942).
entrance into the service ten points
shall be added to the earned ratings of
VETERAN PREFERENCE
those persons included under section 2
[See sections 2, 3, and 5 of war-service regu- (1), (2), and (3), and five points shall
lation III, as well as the regulations cited
be added to the earned ratings of those
in notes below.]
persons included under section 2 (4)
*Statutory requirement.-Sections 2 of this act:
and 3 of the Veterans' Preference Act
In the case of Federal employees who
of 1944 (see page 10) provide in part were in the service on June 27, 1944,
as follows:
their preference claims may be con-
“SEC. 2.
preference shall sidered under the legislation in force
be given to (1) those ex-service men and
on that date, as set forth in the more
women who have served on active duty detailed note on page 78.03.
in any branch of the armed forces of Positions excepted from the Veterans'
the United States and have been Preference Act of 1944.—Section 20 of
separated therefrom under honorable the Veterans' Preference Act of 1944
conditions and who have established (see page 10.06) excepts from the pro-
the present existence of a service-con- visions of the act positions in the legisla-
nected disability or who are receiving tive and judicial branch of the Govern-
compensation, disability retirement ment and all positions, except those of
benefits, or pension by reason of public postmasters, to which appointment is
laws administered by the Veterans' made by and with the advice and con-
Administration, the War Department or sent of the Senate. The Municipal
the Navy Department; (2) the wives of Court for the District of Columbia is
such service-connected disabled ex- excepted from the provisions of the act
servicemen as have themselves been as a part of the judicial branch of the
unable to qualify for
civil-Government (Commission's minute 1 of
service appointment; (3) the unmarried August 15, 1944).
widows of deceased ex-servicemen who Points to be established in order to
served on active duty in any branch of prove right to preference.-In all pref-
the armed forces of the United States erence cases, the claimant must show
during any war, or in any campaign or that the veteran on whose service claim
expedition (for which a campaign badge to preference is based : (1) is an ex-
has been authorized), and who were service-man or woman; (2) performed
separated therefrom under honorable active duty in a branch of the armed
conditions; and (4) those ex-service forces of the United States; and (3) was
men and women who have served on separated therefrom under honorable
active duty in any branch of the armerl conditions.
forces of the United States, during any Additional points must be established
war, or in any campaign or expedition depending upon the type of preference
(for which a campaign badge has been sought; for example, a person claiming
authorized), and have been separated disability preference, or preference based
therefrom under honorable conditions. on the disability of a husband, must
“SEC. 3. In all examinations to deter-1 prove the present existence of the dis-
any
(August 24, 1944)
1
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT 76.01
ability and the fact that it is service- Philippine Army and Philippine Con-
connected (or, in the case of disability- stabulary when mustered into the serv-
preference claimants, that they are re-ice of the United States.
ceiving compensation, disability retire- Women's Army Corps (WACS). (See
ment benefits, or pension under the stat. "Women's Army Auxiliary Corps" un-
utes set forth in the act); persons claim- der "Civilian Service.”
ing 5-point preference, or widow prefer- For the period of World War II and
ence, must show that the veteran served six months thereafter, there is included
during a particular period, or on a cam- in the Medical Department of the
paign or expedition, which meets the re- Army, female personnel as listed be-
quirements of the act; persons claiming low: Dietetic personnel, exclusive of
widow or wife preference must show the student and apprentices, appointed un-
required relationship to the veteran; der the act of December 22, 1942 (56
persons claiming wife preference must Stat. 1072); physical therapy per-
show, in addition to the other points sonnel, exclusive of students and ap-
listed, that the husband is physically prentices, appointed under the act of
disqualified by his disability for civil- December 22, 1942 (56 Stat. 1072);
service appointment in positions along physicians, licensed (act of April 16,
the general lines of his occupation. 1943; 57 Stat. 65); surgeons, licensed
These points will be discussed in de- (act of April 16, 1943; 57 Stat. 65).
tail in the succeeding notes.
(0) The Navy of the United States
comprises the following:
Determination Whether Claimant Has
Regular Navy, including: Commis-
Served in Armed Forces
sioned and enlisted personnel; Navy
Branches of the armed forces.-(a) Nurse Corps;
Nurse Corps; Midshipmen,
Midshipmen, United
The Army of the United States comprises States Naval Academy.
the following:
Naval Reserve, comprising: Meet Re-
Regular Army, including: Cominis- serve; Merchant Marine Reserve; Or-
sioned and enlisted personnel; Army ganized Reserve; Volunteer Reserve;
Nurse Corps; Cadets, United States Mili- | Women's Reserve (WAVES); Female
tary Academy; Philippine Scouts. Physicians and Surgeons.
Organized Reserve, including: Offi- Marine Corps, comprising: Regular
cers' Reserve Corps; Enlisted Reserve Marine Corps; Fleet Marine Corps Re-
Corps.
serve; Volunteer Marine Corps Re-
National Guard while in the service of serve; Women's Reserve.
the United States. The National Guard
(c) The United States Coast Guard,
was called into Federal service in con-
a branch of the armed forces of the
nection with the following: Spanish- United States operating under the
American War (including the Philippine Treasury Department in time of peace
Insurrection and the Boxer Rebellion); and under the Navy Department in pe-
Mexican Border trouble; World War I; riods of national emergency,
National emergency preliminary to en- created by the act of January 28, 1915
try of the United States into World War (38 Stat. 800), consolidating the old
II, under the act of August 27, 1940 (54 Revenue Cutter and Lifesaving Serv-
Stat. 859); World War II.
ices. Before the approval of this leg-
was
(August 24, 1944)
76.02 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
*
islation members of both of these sery- Navy (Executive Order No. 2571 of
ices had civilian status except during April 3, 1917, under authority of sec-
the Spanish-American War and the tion 4 of the act of July 1, 1902 (32 Stat.
ensuing Philippine Insurrection when 713; 42 U. S. C. 8), or under section
the Revenue Cutter Service operated 216 of the Public Health Service Act
with the United States Navy. (Some of of July 1, 1944 (Public Law 410, 78th
the revenue cutters were transferred Cong.). Also in time of national emer-
to the Navy as early as March 24, 1898, gency the President may transfer per-
or between that date and April 21, 1898, sonnel of the Coast and Geodetic Sur-
the official date of the opening of the vey (Commerce Department) to the
Spanish-American War.)
Members of service and jurisdiction of the War or
this service who were transferred to Navy Department with proper military
the jurisdiction of the Navy Depart. status (section 16 of the act of May
ment thereby acquired enlisted or com- 22, 1917, 40 Stat. 87; 33 U. S. C. 855).
missioned status.
Special classes.-The following
The Coast Guard includes the fol- classes of persons honorably discharged
lowing: Commissioned and enlisted from the military service are considered
personnel ; Cadets, United States Coast as ex-servicemen and women, and serv-
Guard; Lighthouse Service; Coast ice in these capacities is considered as
Guard Reserve, including: Regular; active service:
Temporary ;
Women's Reserve Army field clerks;
(SPARS).
Army nurses who served honorably
The Lighthouse Service was consoli- under contract between April 21, 1898,
dated with the Coast Guard on July 1, and February 2, 1901, as nurses, chief
1939. Those members of the Service overseer, or superikiendents;
who possessed the requisite qualifica- Army Transport Service officers as-
tions and whose commissions or enlist- signed as Transport Quartermaster;
ments were duly authorized acquired Army or Navy chaplains;
commissioned or enlisted status from Members of the Students' Army
that date. Members of the Service Training Corps;
who were transferred to the jurisdic-
Contract surgeons. Contract
tion of the Navy Department during geons have been a component of the
World War I thereby acquired military Army of the United States since June 3,
status.
1916. They are separated by annulment
(d) The armed forces include any
of contract.
other branch of the United States
Military service in Allied forces dur-
service where the personnel are serving
pursuant to law in the Army or Navy; ing the First World War.-The Commis-
for example, in time of threatened or sion's minute 1 of February 10, 1936,
actual war, officers and employees of the provided that thereafter military pref-
Public Health Service (which is under erence would not be granted to any
the jurisdiction of the Federal Security person on the basis of service in the
Agency) may upon request of the Sec- military or naval establishment of any
retary of War or Secretary of Navy | country other than the United States.
be detailed to the War or Navy De- This action had the effect of withdraw-
partment for duty with the Army orling the preference status of any person
sur-
(August 24, 1944)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT 76.03
previously granted preference on such Members of Coast Guard Auxiliary
basis. It did not affect his original (see, however, note on Coast Guard Re-
appointment or reinstatement in the serve, page 76.04);
service while he possessed such status, Dietitians, except dietetic personnel
but he will not again be accorded any appointed in the Army under the act
preference, under civil-service rules, on of December 22, 1942 (56 Stat. 1072);
the same or similar basis; for example, Civilian members of Merchant Ma-
he will not be entitled to retention pref- rine, U. S. Maritime Commission;
erence under section 5 of civil-service
Civilian employees of military hospi-
rule XII.
tals, including reconstruction aides and
Civilian service. The following per- physical-therapy personnel not ap-
sons, among others, are considered as pointed in the Army under the act of
having served in a civilian capacity, and December 22, 1942 (56 Stat. 1072);
are therefore not entitled to preference
Red Cross nurses not in Army or
on the basis of such service:
Navy Corps;
Members of American Volunteer
Student nurses;
Guard;
Members of Officers' Training Camps
Army Specialist Corps;
Civilian employees on Army Trans- who served in civilian capacity under
section 54 of the National Defense Act
ports;
of June 3, 1916 (39 Stat. 194), as
Members of Auxiliary Military
Police;
amended by section 34 of the act of June
Cadet Nurse Corps;
4, 1920 (substituting section 470; 41
Y. M. C. A. or K. of C. Chaplains, not Stat. 779), which provided for the at-
tendance of civilians at training camps
in Army or Navy;
for military instruction and training
Civilians in Chemical Warfare Sery-
with a view to appointment as reserve
Civilian clerks;
officers, or noncommissioned officers. If
Members of Citizens Military Train- they were not commissioned and placed
ing Camps;
on active duty, they did not acquire
Members of Civil Aeronautics Admin-
military status. A certificate of dis-
istration Pilot Training, who under- charge under these provisions does not
went such training prior to September entitle the holder to veteran preference;
1, 1943 (see note on "Aviation cadets,"
Telephone operators;
page 76.05);
Members of Reserve Officers' Training
Members of Civil Air Patrol (this or- Corps who are students in colleges and
ganization was transferred to the War universities;
Department from the Office of Civilian Members of Students' Army Train-
Defense but did not thereby become a ing Corps Camps who served in civilian
direct part of the Army Air Forces. It capacity;
has, however, an auxiliary status and Women's Army Auxiliary Corps
the volunteer members serve in civilian (WAACS). As to Women's Army
capacity);
Corps, see page 76.01.
ice;
(August 24, 1944)
76.04 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
on
*
Determination Whether Service Con- 25, 1939, furnish proof of honorable
stituted Active Duty
separation therefrom, and meet the re-
Preference of whatever class must be quirements as to disability, compensa-
based on service in the armed forces tion, disability retirement benefits, or
which is classified as active duty and pension. The same is true of members
which meets any period-of-service re- of the Officers' Reserve Corps who were
quirements that may be applicable to called to one year's active duty under
the type of preference involved (see the provisions of the "Thomason Act”
page 76.06). Is discharge certificates do of August 30, 1935 (49 Stat. 1028; 10
not clearly indicate active duty, the U. S. C. 1940 ed. 369a), amending the
preference claimant should be requested National Defense Act.
to furnish official evidence of such duty. Naval Reserve.--The 15-day period of
Service in reserve components and the training duty of members of the Naval
National Guard.-Preference will be Reserve is a peace-time activity only
granted to members of reserve com- Such periods were discontinued
ponents and members of the National September 9, 1939. Naval · Reservists
Guard ordered into active military sery- who performed active service subse-
ice under the provisions of the act of quent to September 8, 1939, may be con-
August 27, 1940 (54 Stat. 858; 50 sidered as ex-servicemen and women
(App.) U. S. C. 1940 ed. 401 et seq.), who have served on active duty within
upon proof of honorable separation the meaning of the act. This includes
from active military service (Commis- the active duty performed during World
sion's minute 8 of November 15, 1940; War II by members of the Naval Re-
departmental circular No. 438, October serve in the various officer training pro-
22, 1943).
grams, and the active duty performed
Officers' Reserve Corps.-Apart from by the personnel in the various schools
the act of August 27, 1940, just meu-l in the Navy college program, including
tioned, members of the Officers and that of Regular and Reserve Midship-
Enlisted Reserve Corps units of the men and Naval Reserve Officer Training
various branches of the military service Corps students.
are entitled to preference upon furnish- Members of the Merchant Marine Re-
ing proof that they have performed serve, United States Naval Reserve,
active duty for other than training pur- upon call to active service, may be
poses and have been honorably sepa-assigned to duty on merchant vessels or
rated from such active duty, and have at shore establishments of the United
met any period-of-service requirements States Maritime Service. Although the
that may be applicable to the type of Maritime Service is a civilian organiza-
preference involved. Thus, Reserve tion, the naval personnel so assigned
Corps officers who were called to active are on active duty with the United
duty with the Civilian Conservation States Navy, as distinguished from
Corps, while not entitled to 5-point training duty.
preference by reason of that service, Coast Guard Reserve.--Active duty
may be granted disability preference performed by members of the United
provided they performed at least 30 States Coast Guard Reserve since Feb-
days of such active duty prior to Julyruary 19, 1941, the enactment date of the
(August 24, 1944)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT 76.05
Coast Guard Auxiliary and Reserve ſon active duty for veteran-preference
Act of 1941 (55 Stat. 12; 14 U. S. C. purposes. Service before that date is
1940 ed. 307), is considered regular ac- considered as civilian service.
tive duty as distinguished from training
Service under the Selective Service
duty.
Act of 1917.-Persons inducted into the
Section 207 of the act cited provided armed forces under the Selective Serv-
for the enrollment of temporary re- ice Act of May 18, 1917 (40 Stat. 76), are
servists. Active duty performed since considered as having been on active duty.
February 19, 1941, by temporary mem- Draftees who were classed as conscien-
bers of the Coast Guard Reserve con- tious objectors are not entitled to prefer-
stitutes active service as distinguished ence if they refused to wear the uniform
from training duty, whether such serv- and to perform military duty.
ice was full time, part time, or inter-
Service under the Selective Training
mittent, with or without pay, including and Service Act of 1940.—Persons in-
such service performed by Federal em-ducted into the land and naval forces of
ployees enrolled without pay other than the United States under the Selective
the compensation of their civilian posi- Training and Service Act of September
tions. Membership in the Coast Guard 16, 1940 (54 Stat. 885) are considered as
Auxiliary, a nonmilitary organization
having been on active duty, not mere
(section 4, Coast Guard Auxiliary and training duty. (As to period-of-service
Reserve Act of February 19, 1941; 14 requirements in the case of those who
U. S. C. 263), does not constitute mem-
were discharged prior to December 7,
bership in the armed forces. Many 1941, see material on American Defense
auxiliarists, however, are also enrolled Service Medal on page 76.06.) The same
as temporary members of the Coast is true of conscientious objectors who are
Guard Reserve, and in such cases, if inducted into the land or naval forces
they perform active duty, they are in for noncombatant service. However,
the armed forces (Commission's minute conscientious objectors who are assigned
2 of April 7, 1944).
to a civilian camp for service in a civil-
Aviation cadets and reservists.- ian capacity in lieu of such induction
Aviation cadets enlisted in the Naval are not considered as having been on
Reserve or Marine Corps Reserve under active duty with the armed forces, and
the provisions of the Naval Aviation the "Interim Certificate of Release from
Cadet Act of August 4, 1942 (56 Stat. Active Participation in Work of Na-
737), are considered to be on active tional Importance under Civilian Direc-
duty, as distinguished from training tion” (War Department Form
duty, since that date. Aviation cadets, which is issued to persons assigned to
appointive grade, undergoing flight | civilian public service camps as con-
training in the Naval and Marine Corps scientious objectors, will not be accepted
Reserves are considered as being on as proof of such active duty (Commis-
training duty, not active duty.
sion's minute 8 of November 15, 1940;
Army Air Corps Enlisted Reservists departmental circular No. 286, Novem-
undergoing Civil Aeronautics Adminis- ber 8, 1941; action of Commission,
tration Pilot Training subsequent to March 3, 1942; departmental circular
September 1, 1943, are considered to be | No. 438, October 22, 1943).
46),
606639°44
-2
(August 24, 1944)
76.06 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
ok ?
re-
Period-of-Service Requirement China Relief Expedition, June 20,
Five-point preference in examinations 1900, to May 27, 1901;
for the Federal service and the District
Cuban Pacification, September 12,
of Colunibia is granted to ex-servicemen 1906, to April 1, 1909;
and women who have "served on active
Mexican Expedition (periodical),
duty in any branch of the armed forces April 12, 1911, to June 16, 1919;
of the United States during any war, or
Nicaraguan Campaign, July 29, 1912,
in any campaign or expedition (for to November 14, 1912;
which a cainpaign badge has been au-
Haitian Campaign, July 9, 1915, to
thorized)
Ten-point pref- December 6, 1915;
erence is granted to the unmarried
Dominican Campaign, May 5, 1916,
widows of deceased ex-servicemen who to December 4, 1916;
performed active service during such
Ariny of Occupation of Germany,
periods. These period-of-service
November 12, 1918, to July 11, 1923;
quirements do not apply to disability or
Second Haitian Campaign, April 1,
wife preference.
1919, to June 15, 1920;
Dates of wars..The dates of the wars
Second Nicaraguan Campaign, Au-
in which the United States has been gust 27, 1926, to January 2, 1933;
engaged during the past 75 years are as
Yangtze Service, September 3, 1926,
follows:
to October 21, 1927;
Civil War (Union), April 15, 1861,
Yangtze Service, March 1, 1930, to
to August 20, 1866;
December 31, 1932;
Spanish-American War, April 21, 1898,
China Service, July 7, 1937, to Sep-
to July 4, 1902;
tember 7, 1939;
First World War, April 6, 1917, to July
American Defense Service, September
2, 1921.;
8, 1939, to December 7, 1941. In order
World War II, December 7, 1941-- to meet the requirement in the case of
Campaign badges.-A campaign badge the period of service from September
(variously called "service medal” or 8, 1939, to December 7, 1941, the claim-
"campaign medal”) has been authorized ant inust have been awarded, in ad-
for service involving actual participa- dition to the American Defense Service
tion in the following campaigns or ex- | Medal, a service clasp (bearing the in-
peditions of the past 70 years:
scription "Toreign Service"-Army;
Indian Campaigns (periodical), 1865 “Fleet” or “Base”-Navy) or a bronze
to January 1891;
star for service outside the continental
Navy Expedition, 1874;
limits of the United States. (See note
Army of Cuban Occupation, July 18, on "Selective Training and Service Act
1838, to May 20, 1902;
of 1940," page 76.05.)
Army of Puerto Rican Occupation,
Determination Whether Claimant
August 14, 1898, to December 10, 1898;
Was Honorably Discharged
Philippine Insurrection (periodical),
Meaning of terms "honorably dis-
February 4, 1899, to 1913;
charged" and "separated under honor-
Boxer Rebellion, June 20, 1900, to able conditions."-(a) In general.-
May 12, 1901 ;
Section 2 of the Veterans' Preference
(
(August 24, 1944)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT 76.07
> >
Act of 1944 limits preference to persons channels and state their reasons for
separated from the armed forces under such release, and whose retention in
honorable conditions and to their wives active military service would, in the
and widows. Section 2 of war-service judgment of the Secretary of War, sub-
regulation III contains the following ject them or their wives or other de-
definition:
pendents to undue hardship if retained
"As used in this section, 'honorably on active military service. Any person
discharged' shall mean any separation so released who, in the judginent of
from active duty in any branch of the those in uuthority over him, has served
armed forces under honorable condi- satisfactorily shall be entitled to a cer-
tions. A transfer to inactive status, a tificate to that effect, which shall be in
transfer to retired status, the accept- the same form and have the same force
ance of a resignation, or the issuance of and effect as a certificate issued under
a discharge will be considered as coy- the provisions of section 8 of the Selec-
ered by the above definition if such sep- tive Training and Service Act of 1940,
·aration was under honorable condi- as amended."
tions."
(c) Discharges for fraudulent enlist-
The terms "honorable conditions" and ment, minority, or misrepresentation of
"satisfactory conditions" inter-age or marital status.--The acts of
changeable for the purposes of granting March 3, 1936 (49 Stat. 1159; 10
preference.*
U. S. C. 1940 ed. 654b), of Feb-
(6) Discharges because of undue ruary 9, 1940 (54 Stat. 21 ; 34 U. S.
hardship.--Section 4 of the Service Ex-0. 1940 ed. 205, 697), of May 25, 1937 (50
tension Act of 1941 (55 Stat. 627, August Stat. 203; 10 U. S. C. 1940 ed. 655), and
18, 1941; 50 (App.) U. S. C. 1949 ed., of June 22, 1938 (52 Stat. 940; 34 U. S.
supp. III, 354), provides as follows: C. 1940 ed. 206), provide that soldiers,
“The Secretary of War shall, when sailors, and marines who served as
not in conflict with the interests of na- enlisted men between April 6, 1917,
tional defense, release from active mili- and November 11, 1918, inclusive, and
tary service those persons who apply soldiers and members of the Navy
therefor through the regular military and Marine Corps who were enlisted be-
are
(August 24, 1944)
77
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
tween April 21, 1898, and July 4, 1902, basis of the appeal, the preference ac-
inclusive, and who were discharged for tion can be reconsidered.
fraudulent enlistment on account of (e) Retired officers and enlisted
minority or misrepresentation of age men.-Members of the commissioned
shall be held and considered to have and enlisted personnel of the Army,
been discharged honorably from the mili- Navy, Marine Corps, and Coast Guard
tary service on the date of actual sepa- who are transferred to the retired list
ration therefrom if the service other because of disability are considered as
wise was such as to entitle them to honorably separated from active duty
honorable discharges. It was further and are entitled to disability preference.
provided that in all such cases the War Personnel retired for length of service
or Navy Department should, upon re- or for age may be entitled to 5-point
quest, grant to such men, or their preference if at any time during their
widows, a discharge certificate showing period of active duty they served during
that the soldier, sailor, or marine is a war or in any campaign or expedi-
held and considered to have been honor- tion for which a campaign badge has
ably discharged under the provisions been authorized.
of the act.
Proof of honorable separation.—Proof
of honorable separation or discharge
*Under Army Regulations, persons
of the veteran on whose service the
discharged for fraudulent enlistment on
account of misrepresentation of marital preference is claimed must be furnished
to establish right to veteran preference,
status may be considered to have been
honorably discharged if the service regardless of the type of preference
sought. (In the case of applications
otherwise was such as to entitle them
for examinations held by the United
to honorable discharges.
States Civil Service Commission, such
(d) Review of discharge certificates
proof should be filed with Civil Sery-
and retirement orders.--Sections 301
and 302 of the Servicemen's Readjust- If the claim is on the basis of service
ice Commission Preference Form 14.)
ment Act of 1944 (Public Law 346, 78th
in a campaign or expedition, the vet-
Cong., June 22, 1944) provide for the
eran's official notification of the award
review and change of discharges and of
of the campaign badge should also be
retirements for physical disability of
members of the armed forces at any For dates of campaigns, see page 76.06.
filed. The badge itself is not acceptable.
time within fifteen years after the date
Acceptable proof of honorable sepa-
of the discharge or retirement or after
ration includes the following:
the date of the act, whichever is later.
The original or a photostat or certified
However, preference will be determined
copy of the certificate of honorable
on the basis of the proof actually sub-
discharge;
mitted and, in doubtful cases, on the
official records of the service depart from active duty performed for other
Official proof of release or transfer
ments; no cognizance can be taken of than training purposes, dated on or after
the mere fact that an appeal has been the day of separation (advance orders,
filed, or is under consideration. If an being subject to change, are not ac-
honorable discharge is granted on the ceptable) ;
(August 24, 1944)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT 77.01
Certificate of service authorized by verse. (This is the type usually receiv-
section 8 (a) of the Selective Training ed from veterans of the Spanish-Ameri-
and Service Act of 1940 (see page 138) can War.) Veterans of the Spanish-
or by section 3 (a) of the act of August American War for the most part were
27, 1940 (see page 137) ;
members of the State National Guards
Transfer to the Enlisted Reserve mustered into the Federal military sery-
Corps, the Fleet Marine Corps Reserve, ice. Certificates which do not show
or the Fleet Reserve (Naval);
service in the United States Army are
Orders to the retired list;
not in themselves acceptable for prefer-
Official statement from the War De-ence purposes.
partment, Navy Department, Marine NAVY: (1) B. N. P. 660, N. Nav. 6, N.
Corps, or Coast Guard.
Nav. 213, Nav. Pers. 660, or N. Nav. 62—
If the document does not indicate Certificate of Honorable Discharge.
clearly whether the discharge is "hon- (2) B. N. P. 661–Certificate of Dis-
orable" or "dishonorable”, reference is charge (ordinary, special order, and in-
made to the issuing office for determina- aptitude) showing "under satisfactory
tion of the circumstances.
condition"; Nav. Pers. 661-Certificate
An official notification of the allow- of Discharge showing "under honorable
ance of preference which was issued conditions.”
by the Civil Service Commission or
(3) N. Nav. 555 or N. Pers. 955_Certi-
its representatives in connection with ficate of Service or Active Service certi-
a previous claim may be accepted in lieu ficate.
of the above-described papers. Such no- (4) N. Nav. 230 or N. Pers. 600--Con-
tifications are issued by the central of- tinous Service Certificate. This is hon-
fice, the regional and branch regional orable only when latest period of recog-
offices, and the rating boards of the nizable service is honorable. (See
Commission. Acceptance of such notifi- "Doubtful—Navy," item 2, on page
cations is subject to a showing that the 77.02.)
period-of-service requirements (see
(5) Nav. Pers. 631–Transfer to Fleet
page 76.06) are met.
Naval Reserve.
Types of discharge of enlisted per- MARINE CORPS: (1) N. M. C. 257,
sonnel.-(a) Honorable-Among the N. M. C. 257a or N. M. C. 258–Certifi-
forms of honorable discharge of enlisted cate of Honorable Discharge.
personnel are the following:
(2) N. M. C. 112—Certificate of Sery-
ARMY: (1) W. D., A. G. O. Form No. 55 ice.
or W. D. No. 525—Certificate of Honor-
(3) Written orders transferring en-
able Discharge.
listed personnel to Fleet Marine Re-
(2) W. D., A. G. 0. Form 0214 or W. serve.
D. 150–1-Certificate in lieu of Lost or
COAST GUARD: (1) U. S. Coast Guard
Destroyed Discharge Certificate.
Form 2510_Certificate of Honorable
(3) W. D., A. G. O. Form 280Certi-
Discharge.
ficate of Service.
(2) N. C. G. 2510a or Nav. C. G.
(4) A. G. O. Form 638 (a, b, c,)-Dis-
charge from Draft.
2733A–Certificate of Discharge issued
(5) Certificates of discharge (white) under honorable conditions by reason
with “honorable" omitted but "service of expiration of enlistment, special or-
honest and faithful" appearing on re I der, under age, or inaptitude.
*
(August 24, 1944)
77.02 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
*
(0) Dishonorable. The forms of dis- (3) Form of discharge, with or with-
honorable discharge (or discharge un-out number, prepared by local draft
der conditions other than honorable) of boards Certificate of Discharge from
enlisted personnel include the following: Military Service.
ARMY: W. D., A. G. 0. Forin 57 or (4) Certificate of Discharge (from
W. D. No. 527–Certificate of Dishonor- Enlisted Reserve Corps).
able Discharge.
NAVY: (1) N. Nav. 62A, N. Nav. 62B,
NAVY: (1) B. N. P. 662, N. Nav. 63, or N. Nav. 62C—Certificate of Discharge
N. Nav. 63A, N. Nav. 63B, or N. Nav. (ordinary, special order, under age, or
214-Certificate of Discharge; dishonor- inaptitude) which does not indicate that
able, bad conduct, undesirable, and it was issued under honorable or sat-
unfitness.
isfactory conditions.
(2) Nav. Pers. (62-Certificate of (2) N. Nav. 230 or N. Pers. 600–
Unfavorable Discharge.
Continuous Service Certificate (in the
MARINE CORPS: NAVMC 385 DP N, M. cases where the character of latest dis-
C. 385 or N. M. C. 385b-Certificate of charge is not shown).
Discharge; dishonorable, or bad conduct. (3) Certificate of Disenrollment
Coast GUAND: N. C. G. 2510B or Nav. (from the U. S. Naval Reserve).
C. G. 27333—Certificate of Discharge; MARINE CORPS : (1) N. M. C. 385a-
dishonorable, bad conduct, or undesir-Certificate of Discharge (referred to as
able.
“Plain" or "White").
(c) Doubtful. The following forms (2) Certificate of Disenrollment
of discharge of enlisted men may rep- (from the Marine Corps Reserve).
resent either honorable or dishonorable COAST GUARD: (1) Nav. C. G. 2733—
discharge, and when they are submit- Certificate of Discharge.
ted reference is made to the issuing Types of discharge of commissioned
office for determination of the circuiin. and warrant officers.-Commissioned
stances :
and warrant oficers of the four major
ARMY: (1) W. D., A. G. 0. Form 56 | branches of the armed forces may be
or W. D. 526–Certificate of Discharge. separated by any of the following in-
(These certificates are familiarly known struments:
as "blue" discharges, which are neither (1) Certificate of Discharge, which
honorable nor dishonorable but may be usually indicates honorable separation.
considered by the Department as having (2) Certificate of Service (which is
been issued under honorable conditions. proof of honorable or satisfactory re-
Immediately after the armistice of No-lease from active duty) including: W.
vember 11, 1918, discharges were issued D., A. G. O. Form 280—Army; N. Nav.
in such numbers that the supply of reg- 555 or N. Pers. 955—Navy; and N. M. C.
112-Marine Corps.
ular honorable discharge certificates
(3) "Orders," which may or may not
was exhausted and the blue certificates
show honorable separation. Orders
were substituted.)
dated in advance are doubtful unless
(2) Forms Nos. 107 and 108 prepared supported by a certificate of service
by the Provost Marshal General---Cer- issued upon expiration of active duty.
tificate of Discharge because Physically (4) Resignations. Resignations ac-
Deficient.
cepted "for the good of the service” are
*
$
.
(August 24, 1944)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT 77.03
not honorable, although not necessarily | erence is not allowable on the basis of
dishonorable; other resignations are military service which has not been
also doubtful unless the acceptance terminated by official discharge from
shows “under honorable conditions." active duty or transfer from active duty
Retirement orders.- Official certifi- to inactive duty in a reserve unit of the
cates, orders, or statements of retire-military or naval forces (departmental
ment are issued to members of both en- circular No. 438, October 22, 1943). A
listed and commissioned personnel. preference claim prior to the applicant's
Honorable separation is indicated ex- discharge from the military service is
cept for certificates to the effect that the disallowed unless he has been honor-
claimant is “wholly retired.” Such cer- ably discharged from an earlier period
tificates are referred to the proper de- of recognizablet service. Extended
partment for information concerning enlistinent, without actual military dis-
honorable conditions.
charge upon the completion of the
Report of separation.-W. D., A. G. 0. original period of enlistment, does not
Form No. 53, Report of Separation, is provide a basis for preference.
not a certificate of discharge but is an *Forfeiture of preference upon subse-
official report of the War Department quent dishonorable discharge.-Prefer-
indicating whether the separation is ence is granted on the basis of the
honorable, dishonorable, or other (such conditions under which separated from
as "blue" or, in the case of commissioned the last period of service recognized for
officers, “resignation for the good of the preference purposes under the Veterans'
service”). If the box "honorable” in Preference Act of 1944. Upon dishon-
orable discharge, discharge without
Item 27 is checked and there is no in-
honor, or discharge under conditions
dication that erasure or correction has other than honorable from the last such
been made, this is acceptable as official recognizable period, a person forfeits
proof of honorable discharge. If alter- any preference which may have pre-
ation has been made, the certificate of viously been allowed him, or may have
discharge or of service is required. If been allowable, upon the basis of a
the box "dishonorable" is checked, the former period of service. On the other
form is official proof of dishonorable dis- band, if the person was honorably sep-
charge. If the box "other" is checked, arated from the latest period of recog-
nizable service, preference is allowed
the form is equivalent to "blue" dis-
notwithstanding dishonorable dis-
charge or, in the case of commissioned
charge from a later period of nonrecog-
officers, "separation for the good of the nizable service. However, the accept-
service."*
ance of an application for examination
Granting of preference while appli- in the latter case depends upon the cir-
cant is still in the armed forces.-Pref-l cumstances (see notes on page 54).*
a
(August 24, 1944)
78 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
ence.
Establishment of Right to Disability Official certifications from the Vet-
Preference
erans' Administration showing (1) dis-
In addition to proof of service on ac- ability rated “permanent” and dated on
tive duty in the armed forces of the or after July 1, 1933, or (2) statutory
United States and of honorable separa- award under section 20 of the act of
tion described above, documentary July 16, 1933 (48 Stat. 309) of compensa-
evidence as described below is necessary tion for arrested tuberculosis or loss of
to establish a claim for disability prefer- procreative organ, or (3) "protected
The service on which disability disability rating" under the same act or
preference is based need not have been under the act of March 28, 1934 (48
performed at a particular period, as in Stat. 509), or (4) receipt of retired pay
the case of 5-point preference or widow under the Emergency Officers' Retire-
preference.
ment Act of May 24, 1928 (45 Stat. 735)
Disability preference based on service- and dated after July 1, 1933. However,
connected disability.--The ordinary
a certificate of "protected rating" which
way of establishing the present exist- shows the rating to be of temporary
ence of a service-connected disability is character, is acceptable only for six
through the submission of an official months after the date of issuance.
certification to that effect from the
Disability preference based on receipt
Veterans' Administration, dated within of pension, disability retirement bene-
six months. An official statement from fits, or compensation.—“Compensation”
the War or Navy Department, Marine is a term applied to monetary benefits
Corps, or Coast Guard, showing honora- payable on account of service-connected
ble discharge for disability received in death or disability resulting from serv-
line of duty, may be accepted for this ice in World War I. "Pension” is a
purpose for six months from the date of term denoting corresponding benefits
discharge; thereafter, the applicant payable on account of service other than
claiming disability preference must fur- in that war and nonservice-connected
nish the official certification from the monetary benefits, including those pay-
Veterans Administration.
able to veterans of the Spanish-Ameri-
The following forms of proof are good can War and World War I.
indefinitely:
Disability preference may be estab-
An official certification from the War lished on the basis of any of the follow-
or Navy Department, Coast Guard, or
ing documents :
Veterans' Administration showing the
(1) An official statement from the
loss of a member of the body in line of Veterans' Administration showing that
duty;
the claimant is in receipt of pension for
An official statement from the War or
nonservice-connected disability; this is
Navy Department, Marine Corps, or
good for six months from the date of
Coast Guard, showing that the applicant
issuance.
has been retired because of a disability
(2) A certification from the Veterans'
of service origin which is shown to be Administration that pension is currently
of permanent duration;
allowed under the act of August 13,
*
(August 24, 1944)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT 78.01
*
1935 (49 Stat. 614); this is good in- | required; if the husband has disap-
definitely. (The act of August 13, 1935, peared and his death cannot be estab-
reenacted laws granting pensions to vet- lished, two or more affidavits certifying
erans of the Spanish-American War, the that he has not been seen or heard
Boxer Rebellion, and the Philippine In- from for at least seven years are re-
surrection.)
quired in addition to the proof of honor-
(3) An official statement from the able discharge. Claims for widow pref-
Veterans' Administration, War Depart- erence may also be allowed on the basis
ment, Navy Department, Marine Corps, of an official notification that the vet-
or Coast Guard, certifying that the eran has died in action. Lesser evi-
claimant is in receipt of disability re-dence, such as "missing in action”, is not
tirement benefits; this is good indefi-acceptable. The applicant must show
nitely. (A member of the Fleet Re- that she is the unremarried widow of
serve (Naval and Marine) placed on the deceased veteran on whose service
the enlisted retired list for disability is the claim is based.
entitled to disability preference.)
Widow preference ceases to be allow-
Reestablishment of disability prefer- able, and if previously allowed must be
ence.-In the cases specified above withdrawn, upon the remarriage of the
where the proof of disability is good widow. The widow may, however,
only for six months, such disability must again be considered for preference upon
be reestablished in connection with sub- submission of proof of the death of the
sequent claims. In the meantime, 5- subsequent husband or the dissolution
point preference should be allowed to of the subsequent marriage without
any claimant who is entitled thereto. fault on her part.
Wife preference.-Preference may be
Preference Claims Based on Anothers
granted to the wives of disabled veterans
Service
under the conditions set forth under the
Claims by persons other than wives heading “Statutory requirement” on
or widow8.—The only persons to whom page 76. The same proof as to the hus-
preference in appointment may be band's service and disability is required
granted upon the basis of service ren- as in the case of disability preference
dered by persons other than themselves based on service-connected disability
are the wives and widows of veterans; (see page 78). The approval of claims
preference is disallowed to persons for wife preference depends upon
claiming benefits on the basis of service whether the veteran is physically dis-
performed by a father, grandfather, qualified by his service-connected dis-
brother, uncle, etc.
ability for civil-service appointment in
Widow preference.-Preference may positions along the general lines of his
be granted to widows of veterans under | usual occupation. This determination is
the conditions set forth under the head-made, in the case of applicants for
ing "Statutory requirement” on page examinations held by the Civil Service
76. The same proof as to the deceased Commission, by medical officers of the
husband's service is required as for 5- central or regional offices of the Com-
point preference (see page 76.06.) Proof mission. The medical decision is based
of the actual death of the husband is not on the information appearing in the evi-
*
(August 24, 1944)
78.02 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
*
dence required to be submitted, supple- the employing agency of cases in which
mented by such medical records from it withdraws preference after appoint-
the appropriate Federal agency as are ment.
considered necessary.
In cases of complete withdrawal of
Preference based upon the service of preference before appointment, eligibil-
a husband ceases to be allowable, and if ity secured through benefit of prefer-
previously allowed must be withdrawn, ence (such as admission to examination
upon divorce.*
through waiver of age, height, weight, or
A husband and wife are not at the physical requirements or through re-
same time entitled to the benefits of opened examination) is canceled; in-
preference on the basis of the husband's crements added to examination ratings
service. In a case where the wife has are withdrawn, and the order on regis-
been granted preference because the ters or lists of eligibles is redetermined.
husband is physically disqualified for If 10-point preference (disability, wife,
appointment by reason of existing sery- or widow) is withdrawn, a determina-
ice-connected disability and later the tion is made as to whether the indivi-
husband files an application and proves dual is entitled to 5-point preference.
that he is no longer physically disquali- (See, however, notes on page 78.03, as to
fied for appointment by reason of dis- effect of section 18 of the Veterans' Pref-
ability, the husband's application will | erence Act of 1944.)
be accepted, the proper preference al- Claims for preference filed subsequent
lowed, and the preference previously to appointment.-Claims which are sub-
allowed the wife will be withdrawn mitted by Federal employees or employ-
(Commission's minute 3 of February | ing agencies are adjudicated on the
27, 1936). *On the other hand, if it is same basis as those filed with applica-
found that the veteran is not physically tions for examinations. Exactly the
qualified for appointment and that his same proof is required and the same pro-
wife is entitled to preference, the hus-cedure is followed insofar as practicable.
band's preference and eligibility are A notice of the allowance or withdrawal
canceled and wife preference is al- of preference after appointment is fur-
lowed.
nished the agency in which the person
Miscellaneous Notes
concerned is employed.
Aliens.-The fact that a preference
* Effect of withdrawal of prefer-
claimant is an alien does not, in itself,
--Appointment secured through
destroy his right to preference, but
benefit of preference is not affected if
aliens are subject to the citizenship
preference is later withdrawn. How-
ever, no benefits from such withdrawn requirements and restrictions iu exam-
preference may be claimed in any subse ination and appointment whether they
quent personnel action in which veteran are granted preference or not. (See
preference is a factor, such as reduction pages 52.01 and 92 as to citizenship re-
in force, discharge, suspension, furlough quirements; see pages 95 and 96 as
without pay, reduction in rank or com- to summary procedures for naturaliza-
pensation, or debarment for future ap- tion of aliens who have served in the
pointment. The Commission will notify I armed forces.)
(August 24, 1944).
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT 78.03
Preference Based on provisions in tion with original appointment will not
Effect Prior to June 27, 1947 be retained for the purpose of subse-
Section 18 of the Veterans' Preference quent reappointment or reinstatement;
Act of 1944 provides that:
the claim for preference will be adjudi-
"All acts and parts of acts incon- cated in accordance with the provisions
sistent with the provisions hereof are
of law in effect at the time action is
hereby modified to conform herewith, taken on it; and if preference in con-
and this act shall not be construed nection with a recommendation for re-
to take away from any preference eli-appointment or reinstatement has been
gible any rights heretofore granted to, properly granted under the provisions
or possessed by, him under any exist- of law in effect prior to June 27, 1944,
ing law, Executive order, civil-service such preference holds good for the par-
rule or regulation, of any department ticular. reappointment or reinstatement
of the Government or officer thereof." only.
By the provisions of section 18 of
As to the establishment and retention
the act, eligibles on civil-service lists of preference rights in reduction in force
on June 27, 1944, did not lose the pref- by employees now in the Federal serv-
erence to which they were entitled under ice, see page 186.01 and the footnote on
the law in effect prior to that date. page 185.02.
The Commission has accordingly de- The principal act providing for vet-
termined that persons who are entitled , eran preference in appointinents to the
to preference prior to the effective date executive branch of the Government
of the act in connection with existing prior to June 27, 1944, was the act of
eligibility will retain it for that eligi- June 18, 1929 (46 Stat. 21 ; 5 U. S. C.
bility and for retention purposes if 1940 ed. 35), a reenactment of the act
appointed as a result of that eligibility of March 3, 1919 (40 Stat. 1293), as
(action of Commission, July 26, 1944). amended by the act of July 11, 1919
Such preference may, of course, be with (41 Stat. 37). This act, unlike the
drawn for any of the reasons which Veterans' Preference Act of 1944, made
would ordinarily cause such action, as, no distinction between peace-time and
for example, discharge without honor) wartime service as a basis for prefer-
from a later period of military service, ence. The coverage of this act is clearly
recovery of physical competence by a indicated in section 1 of civil-service
formerly disabled veteran, remarriage rule VI as it stood prior to June 27,
of the widow of a veteran, divorce from 1944. The classes of employees entitled
a veteran husband, etc.
to military preference were defined in
The principles outlined above in re- the rule as follows:
spect to granting preference to appli-
Honorably discharged sol-
cants for examination are applicable to diers, sailors, and marines shall have 5
granting preference in connection with points added to their earned ratings in
l'eappointment and reinstatement cases; examinations for entrance to the classi-
i. e., preference which may have been fied service. Applicants for entrance
granted under the provisions of law in examination who are honorably dis-
effect prior to June 27, 1944, in connec-) charged and who establish by official
1
(August 24, 1944)
79
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
,
records the present existence of a serv- Act of 1944, page 10.01, and section 2 of
ice-connected disability, or who are over war-service regulation III, page 23.
55 years of age and, because of disabil- Credit for unpaid experience and time
ity, are entitled to pension or compensa- spent in the armed forces.--See section
tion under existing laws, and widows of | 4 of the Veterans' Preference Act of
honorably discharged soldiers, sailors, 1944 (page 10.01) and section 1 of war-
and marines, and wives of honorably service regulation III (page 23).
discharged soldiers, sailors, and marines Waiving of apportionment require-
who because of service-connected dis- ments. See section 3 of war-service
ability or who are over 55 years of age regulation IV and notes on page 80.
and because of disability, are them Waiving of members-of-family re-
selves not qualified but whose wives are striction.-See section 6 of the Vet-
qualified for appointment, shall have 10 erans' Preference Act of 1944 (page
points added to their earned ratings; 10.02) and notes on page 99.
and this shall also apply to retired Order on lists of eligibles furnished
officers and enlisted men who establish appointing officers. See section 3 of
through official sources the present ex- war-service regulation IV and notes on
istence of a service-connected disability page 74.
in the same manner as is required of Statement of reasons for passing over
others who are granted disability pref- veteran.-See section 4 of war-service
erence.
regulation IV and notes on page 86.
For detailed interpretations as to the Veteran preference in retention.-
persons to whom preference could be see the reduction-in-force regulations,
granted under this rule, see Civil Serv- page 185. As to the special procedure
ice Commission Form 1481, June 1938 required in discharge, suspension, fur-
edition.
lough, or reduction in rank or compensa-
A special provision as to preference tion of a preference employee, see sec-
for appointment to positions in the tion 14 of the Veterans' Preference Act
Bureau of the Census was contained of 1944 (page 10.04).
in the act of June 18, 1929 (46 Stat. 21;
Mandatory reinstatement after mili-
13 U. S. C. 1940 ed. 203).*
tary or naval service.-See pages 136
to 145.
Preference Benefits
Entry on reemployment list after
*Competition in certain examinations military or naval service.—See war-
restricted to veterans.-See notes, page service regulation XIV and pages 124
61.
to 128.
Reopening of examinations for per-
Entry on reemployment list after
sons granted preference.- See section
separation.-See sections 14 and 15 of
10 of the Veterans' Preference Act of
the Veterans' Preference Act of 1944,
1944 (page 10.03), section 2 of war-sery-
ice regulation I, and notes on page 61.
page 10.05, and war-service regulation
Waiver of age limits and physical re-
XIV, page 41.01.
quirements.-See section 3 of war-sery-
Restoration to register after military
ice regulation II, page 22.
service.See notes, page 245.
Augmented ratings in examinations.- Restoration to register after separa-
See section 3 of the Veterans' Preference Ition from civilian service.See section
.
(August 24, 1944)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT 79.01
non-
15 of the Veterans' Preference Act of Decentralized agencies.—Regional di-
1944, page 10.05.
rectors will furnish eligibles for filling
Restoration to register after resigna- all vacancies, apportioned and
tion.-See section 16 of the Veterans'apportioned, in agencies which have
Preference Act of 1944, page 10.05. been decentralized, in the same manner
Waiving of length-of-service require- as for filling vacancies in field-service
ment in reappointment.-See section 1 positions (action of Commission, Oc-
of war-service regulation VIII, page tober 3, 1942).
30.01.
Eligibles whose names are furnished
Waiving of time limits for reinstate- from lists maintained by the central
ment. See section 100) of civil-service office of the Commission to agencies
rule IX, page 264.
wbich are being decentralized may be
Priority in transfer where agency or offered appointment for duty at the
function thereof is transferred.-See city in which the agency is to be located.
section 12 of the Veterans' Preference The Commission will make every effort
Act of 1944, page 10.04, and section 12 of to furnish the names only of eligibles
war-service regulation IX, page 39.* who have indicated their willingness to
accept employment in the city to which
APPORTIONMENT
the agency is being transferred (depart-
[See section 3 of war-service regulation IV) mental circular No. 315, February 7,
Extent of applicability of apportion- 1942).
ment provision.-In filling requisitions Positions excepted from the apportion-
for original war-service appointment in ment.-A list of positions which are ex-
the departmental service from lists oncepted from the apportionment require-
which the number of eligibles is in ex-ments appears in section 3 of war-serv-
cess of the anticipated demand, prefer- ice regulation IV (page 27). The Com-
ence will be given to eligibles from mission has held that the following
States which are in arrears of their specific positions, among others, are not
quotas under the apportionment. Vet- subject to the apportionment: Positions
eran preference, of course, is observed in the office of instruction of young of-
in such certifications.
ficer's in marine engineering with
The apportionment does not apply to salaries not paid from the regular ap-
other types of personnel transactions propriation for the Navy Department
under the war-service regulations, in- (Commission's minute 2 of July 16,
1906); motortruck driver, Government
cluding noncompetitive appointments,
fuel yards (Commission's minute 5 of
transfers, promotions and changes in
March 26, 1921); positions in the
status, and reinstatement, nor to orig-
National Zoological Park (Commission's
inal appointments which are specifi- minute 4 of October 7, 1903); laborer
cally limited to a duration of one year positions (Commission's minute 5 of
or less (Commission's minute 7 of Au- August 25, 1941; departmental circular
gust 29, 1942; departmental circular No. No. 395, December 3, 1942).
386, October 27, 1942; action of Com-
The apportionment does not apply to
mission, April 22, 1942). It does not positions in the District of Columbia
apply to classification under section 6 of Employment Center (Commission's
civil-service rule II (Commission's minute 3 of August 26, 1942), nor to
minute 1 of February 5, 1937).
positions in the District of Columbia
(August 24, 1944)
80
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
Unemployment Compensation Board | an employee in the apportioned service
(Commission's minute 2 of December through certification by the Cominission
11, 1940).
qualifies in an open competitive exami-
Positions in the Administrative Office nation for any other position in the ap-
of the United States Courts.—The ap- portioned service (Commission's min-
portionment requirements apply to po- ute 2 of May 7, 1921). (See also note on
sitions in the Administrative Office of “Legal residence of Government em-
the United States Courts (Commission's ployee," which follows.)
minute 5 of January 26, 1940).
Legal residence of Government em-
Residents of the Virgin Islands.--The ployees.-The legal residence of a Gov-
Virgin Islands are within the purview ernment employee at the time he en-
of the law of apportionment (Commis-tered the Government service is pre-
sion's minute 2 of May 15, 1939). sumed to continue during his tenure of
Preference eligibles not subject to ap- Government office in the absence of
portionment.-Preference eligibles are clear evidence that he has intentionally
not subject to the provisions of the changed it since his appointment to the
Civil Service Act concerning the appor- service. His absence from the State of
tionment of appointments in the depart. his legal residence while serving in a
ments at Washington among the several Government position does not constitute
States and Territories according to pop an abandonment of his legal residence
ulation (28 Op. Atty. Gen. 298, May 12, in the State from which he was ap-
1910).
pointed (Commission's minute 1 of
Status of persons temporarily ap- | August 5, 1937). However, whenever an
pointed prior to March 16, 1942, because employee in an apportioned position files
of failure to furnish residence certifi- application for an examination for the
cates. See notes on page 214.
apportioned service and claims a differ-
Length of residence.--The residence ent legal residence than the State to
which the appointee claims will be used which bis original appointment was
as the basis for the preference given charged, his name will be entered on
residents of States which are in arrears the eligible register and be considered
of the quota, without regard to the for regular certification under the ap-
length of such residence (Commission's portioned procedure as a resident of
minute 7 of August 29, 1942).
the present State of residence (Com-
Proof of residence. The appointee's mission's minute 3 of December 11,
statement regarding residence in his 1940).
application will be accepted to establish
Residence of minor children. - A
residence. Such statements need not minor child, unless legally emancipated,
be made under oath or otherwise certi- necessarily takes the legal residence of
fied. The county officer's certificate of his father; if the father is deceased,
residence (see act of July 11, 1890, as the minor's residence by legal construc-
amended, on page 253) will no longer tion becomes that of his mother, as it
be required. In cases in which the ap- also does if there has been a divorce
pointee has made no express statement and the custody of the minor has been
regarding his residence, the mailing ad- awarded to the mother. When a minor
dress given by him will be regarded as attains the age of majority, the legal
his residence (Commission's minute 7 residence attaching to him during his
of August 29, 1942; departmental circu- minority is presumed to continue unless
lar No. 386, October 27, 1942).
and until it is abandoned by his acts,
Certification of person already declarations, or intentions. In no case
charged.--The apportionment require is the voting residence of a parent sup-
ment will not be applied in cases where plied to an infant by operation of law
а.
JK
6 33
A 2a
CIVIL SERVICE ACT AND RULES TRANSMITTAL SHEET NO.
11
September 7, 1944
NOTICE: To speed up production, future trans-
mittal sheets will be set up in bold-face type, in-
stead of being reproduced from typewritten copy as
heretofore. Consequently, the next transmittal sheet
will look different from previous ones.
)
These sheets should be torn or cut apart along
the perforations. They should then be substituted
as shown on the back of this page for pages of the
loose-leaf edition of
of the "Civil Service Act and
Rules."
The steps in making the insertions are ex-
plained on page XX of the introductory chapter, "How
to Use This Book. The date of this transmittal
sheet and the date of filing should then be noted on
the "Filing Record" at the front of the book, and
this page should be filed immediately behind Trans-
mittal Sheet No. 10.
When this filing is completed, pages 1 to 64,
69 to 80, 123 to 135, 185 to 212, 291 to 365, and
447 to 525 will be
up to date as of September 7,
1944,
Remarks
Additions have been made on pages 57, 57.01, 58,
61, 61.01, 64, 69, 69,01, 475, 475.01, 476, 515, and
516.
Deletions have been made as indicated on pages
70, 71, and 210.
Changes have been made on pages 61.01, 62, 63,
72, 73, 74, 74.01, 210, 211, and 515.
The deletion on page 70 is due to the discon-
tinuance of priority classifications by Executive
Order 9451. (See page 12.) The deletion on page 71
is due to the provisions of the revised war-service
regulations concerning the "rule of three." The
material about notations on the list of eligibles
which formerly appeared on page 74 has been trans-
ferred to page 75. It is believed that the nature
of all other changes will be obvious upon comparison
of the old with the new pages.
TRANSMITTAL SHEET NO. 11 (SEPTEMBER 7, 1944)
Remove
Insert
Page
Edition date
Page
Edition date
57
October 31, 1943
September 7, 1944
11
58
11
61
11
17
62
57
57.01.
58
58.01
61
61.01
62
62.01
63
64
69
69.01
70
71
72
11
63
64
69
11
70
11
18
71
72
11
73
74
11
October 31, 1943
September 7, 1944
11
1
209
210
211
212
475
475.01
476
476.01
515
516
73
74
74.01
209
210
211
212
475
475.01
476
476.01
515
516
October 31, 1943
September 7, 1944
July 19, 1944
August 3, 1944
11
August 3, 1944
September 7, 1944
111
Note.--Pages of the October 31, 1943, edition bear no
edition date in the lower outside corner,
DEPOSITED BY THE
UNITED STATES OF AMERICA
10.10.44
NOTES ON EXAMINATIONS AND ADMISSION THERETO
57
employees be limited to hours of the Reemployment of persons retired from
day not detrimental to their health and the Federal service.-See notes, pages 122
welfare, and
and 129.
(f) that such employees be compen- Proof of date of birth.--See notes,
sated at wages paid adult workers for page 105.
similar work.
Section 10 of the Statement of Policy
provides as follows: Any youth in- Eduoational and Experience Require-
terested in work in another area should
ments
not leave his own area in search of
Educational requirements.-In accord-
-work without first-
ance with section 5 of the Veterans'
(a) Registering for employment with Preference Act of 1944 (see page 10.02),
the U. S. Employment Service or such section 5 of war-service regulation II
other agency as may be designated by provides that:
the War Manpower Commission;
“No minimum educational require-
(b) presenting evidence of parental ment will be prescribed in any exam-
consent; and
ination except for such scientific, tech-
(c) being referred by such office to nical
or professional positions the
a specific job opening where he can duties of which the Commission decides
be lawfully employed and where there cannot be performed by a person who
are suitable arrangements for housing. does not have such education."
Registration for employment by the The term "educational requirement"
filing of an application with a repre- as used in this section includes all for-
sentative of the Civil Service Commis- mal schooling either at the grade school,
sion will be regarded as complying with high school, or college level. The reg-
subparagraph (a) of section 10 in the ulation does not prohibit a provision
$tatement of Policy. Referral by the for the substitution of education for ex-
Commission's recruiting representative perience. The regulation also permits
will be regarded as complying with sub-
a requirement that applicants be able
paragraph (c) of section 10 of the to read and write the English lan-
Statement of Policy (action of Commis-
guage and other similar requirements
sion, May 3, 1943).
(action of Commission, July 26, 1944).
In issuing certificates to fill positions
Credit for military or naval service.-
in the offices of Collectors of Internal See page 65.
Revenue which require the bonding of
Unpaid experience.-In accordance
appointees, only eligibles who have with section 4 of the Veterans' Prefer-
reached their twenty-first birthday will
ence Act of 1944 (see page 10.01), sec-
be certified (Commission's minute 1 tion 1 of war-service regulation III
of January 30, 1942).
provides in part as follows:
Applicability of age requirements to
"In all examinations to determine the
enlisted men. Applicants in the mili-
qualifications of an applicant, credit
tary service on the closing date for re-
shall be given for all valuable experi-
ceipt of applications in an examination
must meet the requirements as to age,
ence, including experience gained in
unless the examination is one in which religious, civic, welfare, service, and
age limits are waived for persons en- organizational activities, regardless of
titled to military preference and the whether any compensation was received
applicant is entitled to such preference therefor.”
on the basis of a previous enlistment
In order for unpaid experience to be
(Commission's minute 2 of January 29, credited under this regulation, it must
1935).
be valuable and pertinent to the duties
(September 7, 1944)
57.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
of the position in question. The crite- be fined not more than $2,000 and im-.
rion for determining whether such ex 'prisoned not more than 5 years."
perience shall be considered qualifying The section just quoted is a reenact-
is whether it would have been consid- ment of section 5392 of the Revised
ered qualifying if the applicant had Statutes, which was repealed by section
been paid. Such experience will be 341 of the act of March 4, 1909 (35 Stat.
credited on the basis of actual time 1153). Prior to such repeal and re-
spent in the activities referred to enactment, it had been held in the case
(action of Commission, July 26, 1944).* of Johnson v. United States, 1905 (20
D. C. App. 128), that a willfully false
FRAUDULENT PRACTICIS IN CONNECTION
answer by an applicant for civil-service
WITH EXAMINATIONS
examination, to a question in his ap-
Perjury.--Section 125 of the Criminal plication, as to whether he had ever
been in the Government employ, and,
Code (18 U. S. C. 1940 ed. 231) provides if so, whether he had resigned or been
as follows:
discharged, was perjury within the
“Whoever, having taken an oath be- meaning of section 5392 of the Revised
fore a competent tribunal, officer, or per- Statutes, “as an oath authorized by
son, in any case in which a law of the
law."
United States authorizes an oath to be
The act of August 23, 1912 (37 Stat.
administered, that he will testify, de- 372; 5 U. S. C. 1940 ed. 634), authorizes
clare, depose, or certify truly, or that members of the Civil Service Commis-
any written testimony, declaration, dep-sion and its duly authorized representa-
osition, or certificate by him subscribed tives to administer oaths to witnesses
is true, shall willfully and contrary to in any matter pending before the Com-
such oath state or subscribe any ma- mission. In the case of U. S. v. Crandol,
terial matter which be does not believe 1916 (233 Fed. Rep. 331), which involved
to be true, is guilty of perjury, and shall I the making of false statements by an
(September 7, 1944)
NOTES ON EXAMINATIONS AND ADMISSION THERETO
58
applicant for a position in the civil serv- | a stockholder, shall be fined not more
ice in an application made under oath than $10,000 or imprisoned not more
before a duly authorized representative than ten years, or both."
of the Commission, the District Court A conviction was secured under this
for the Eastern District of Virginia held section in the case of United States v.
that, as the Civil Service Commission De Lorenzo, decided in the Federal
was entitled to make inquiries concern- District Court for the Southern Dis-
ing the applicant's qualifications, such trict of New York, August 10, 1944.
false testimony constituted perjury, the The defendant was charged with mak-
right to administer oaths in matters ing a false affidavit within the juris-
pending before the Commission not be- diction of the Civil Service Commis-
ing limited to witnesses at formal sion in that he made false statements
hearings.
on Standard Form 57.*
For other cases, see Perjury, Cent. Forgery.-Section 28 of the Criminal
Dig., secs. 4-6; Dec. Dig., Key 5. Code (18 U. S. C. 1940 ed. 72), provides
False statement of officer concerning as follows:
oath taken before him.-See note on "Whoever shall falsely make, alter,
page 110.
forge, or counterfeit, or cause or pro-
*Presenting false claims.-Section cure to be falsely made, altered, forged,
35 (A) of the Criminal Code, as or counterfeited, or willingly aid or as-
amended (18 U. S. C. 1940 ed. 87), pro- sist in the false making, altering; forg-
vides as follows:
ing, or counterfeiting any bond, bid,
“Whoever shall make or cause to be proposal, contract, guarantee, security,
made or present or cause to be pre- official bond, public record, affidavit, or
sented, for payment or approval, to or other writing for the purpose of de-
by any person or officer in the civil, milfrauding the United States; or shall
itary, or naval service of the United utter or publish as true, or cause to be
States, or any department thereof, or uttered or published as true, or have
any corporation in which the United in his possession with the intent to utter
States of America is a stockholder, any or publish as true, any such false,
claim upon or against the Government forged, altered, or counterfeited bond,
of the United States, or any derart- bid, proposal, contract, guarantee, se-
ment or officer thereof, or any corpora- curity, official bond, public record, affi-
tion in which the United States of davit, or other writing for the purpose
America is a stockholder, knowing such of defrauding the United States, know-
claim to be false, fictitious, or fraudu- ing the same to be false, forged, altered,
lent; or whoever shall knowingly and or counterfeited; or shall transmit to,
willfully falsify or conceal or cover up or present at, or cause or procure to be
by any trick, scheme, or device a mate-| transmitted to or presented at, the office
rial fact, or make or cause to be made of any officer of the United States, any
any false or fraudulent statements or such false, forged, altered, or counter-
representations, or make or use orfeited bond, bid,
orfeited bond, bid, proposal, contract,
cause to be made or used any false bill, guarantee, security, official bond, public
receipt, voucher, roll, account, claim, record, affidavit, or other writing, know-
certificate, affidavit, deposition, ing the same to be false, forgedi, altered,
knowing the same to contain any fraud- or counterfeited for the purpose of de-
ulent or fictitious statement or entry frauding the United States, shall be
in any matter within the jurisdiction fined not more than $1,000 or imprisoned
of any department or agency of the not more than 10 years, or both."
United States or of any corporation in The section just quoted is a consoli-
which the United States of America isi dation and reenactment of sections 5418
Or
>
(September. 7., 1944)
58.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
'
and 5479 of the Revised Statutes, which and brought the case to this court. It
were repealed by section 341 of the act now must be regarded as established
of March 4, 1909 (35 Stat. 1153). Prior that it is not essential to charge or
to such consolidation and reenactment, prove an actual financial or property
the Supreme Court of the United States loss to make a case under the statute.'
held, in the case of United States v. | The section covers this case. (Haas v.
Plyler (22 U. S. 15), that section 5418 | Henkel, 216 U. S. 462, 480; Curley v.
of the Revised Statutes was applicable United States, 130 red. Rep. 1; United
to the forging of vouchers in connec- States v. Bunting, 82 Fed. Rep. 883)."
tion with civil-service examinations. Judgment reversed.
The court said:
Interference with legislative or ad-
“This is an indictment for forging ministrative proceedings.-See page 286.
vouchers required upon examination by Removal or destruction of records or
the Civil Service Commission of the documents.-See notes on page 407.
United States, certifying to the charac- Impersonation in examination.-Sec-
ter, physical capacity, etc., of the ap- tions 5418 and 5479 of the Revised Stat-
plicant, the defendant, and for present- utes have been repealed by section 341
ing the same to the Commission. The of the act of March 4, 1909 (35 Stat.
district court held that the acts were 1153), but the same act consolidated
not frauds against the United States their essential provisions into section
within the contemplation of Revised 28 of the Criminal Code (18 U. S. C.
Statutes, sec. 5418, and discharged the 1940 ed. 72). For the text of this sec-
defendant. The Government excepted | tion, see the note on “Forgery," page 58.
(September 7, 1944)
NOTES ON EXAMINATIONS AND ADMISSION THÉRETO
61
limitations upon teaching and instruc- October 22, 1943). (For text of this
tion are as applicable to teaching posí. Executive order, see p. 245.)
tions in State and municipal schools as *The eligibility of members of the
to similar positions in private institu- Enlisted Reserve Corps of the Army
tions.
should not be suspended so long as they
In general, it may be said that the are in inactive status.
criteria described above are regarded As the United States Coast Guard
as applicable to teaching activities in Temporary Reserve is purely a volun-
connection withi "in-service training" teer organization, the members of
courses (departmental circular No. 203, which may be discharged, transferred,
October 21, 1939, and supplement 1 or placed on the inactive list at any
thereto, May 1, 1940).
time at their own request, eligibility
should not be suspended on grounds of
EXAMINATION AND APPOINTMENT OF PER-
membership in it (Commission's min-
SONNEL OF THE ARMED FORCES
ute 1 of July 18, 1944).*
Admission to examinations.-Execu-
Suspension of eligibility of conscien-
tive Order No. 2357, April 11, 1916, pro- tious objectors.--The eligibility of con-
vides that: "Enlisted men will be ad-scientious objectors is suspended dur-
mitted to examinations for which they ing any period of military or naval
are shown to be eligible; the question of service or of service in a civilian camp
their discharge, if offered civil employ- under the Selective Training and Serv-
ment, will be determined by the military ice Act of 1940 (Commission's minute 2
or naval authorities."
of February 24, 1942). With respect to
Application for civil-service examina- the restoration of their names to regis-
tions will be accepted from any person ters after the completion of such serv-
serving in the armed forces of the ice, see notes on page 245.
United States who meets admission re-
Extension of eligibility after termina-
quirements. However, any question tion of active service in the armed
concerning necessary leave from mill-forces.-See notes on page 245.
tary duty in order to compete in such
Simultaneous employment in both the
examinations must be taken up with civil and the military branches. See
the proper military authorities (depart-notes on page 436.
mental circular No. 438, October 22,
Civilian employment of retired ofi-
1943). With respect to special examin- cers.-See notes on page 437.
ations after discharge for persons who
were prevented from competing because
of military or naval service, see note on
EXAMINATIONS IN WHICH COMPETITION
IS RESTRICTED TO PREFERENCE APPLI-
"Reopened Examinations," page 61.01.
Examination credit for courses of-
OANTS
fered to members of the armed forces, In accordance with section 3 of the
See page 65.
Veterans' Preference Act, and section
Suspension of eligibility during ac- 3 of war-service regulation I, the Com-
tive service with the armed forces.- mission will hereafter restrict competi-
When it is known that an eligible is tion to persons granted 5- or 10-point
serving in the armed forces, his name preference, as long as such persons are
will not be certified for consideration available, for the following positions :
for appointment. His eligibility will Elevator operator, messenger, guard,
be suspended until he notifies the Com- building guard, forest guard, fire guard,
mission that he desires to have his eligi- mint guard, private (Secret Service),
bility extended in accordance with Exe- air corps patrolman, shipkeeper, patrol-
cutive Order No. 8937 of November 7, man, customs guard, charman, charwo-
1941 (departmental circular No. 438,' man, hospital attendants (including
(September 7, 1944)
61.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
1
*
maids, ward attendants, mess attend- 10-point preference may apply for the re-
ants), janitor, junior laborer (Ousto-opening of an examination at any time
dial Service of Post Office Department), rfter honorable discharge. Veterans
firena n-laborer, caretaker of abandoned granted 6-point preference must apply
Federal reservation, caretaker of Fed for the reopening of an examination
eral cemetery, caretaker of small mill within six months after honorable dis-
tary reservation, lockman, and dam charge.
tender (departmental circular No. 499, Positions for which reopened examina-
July 3, 1044). Nonpreference applicants tions will be held.--Under section 2 of
may be considered for these positions war-service regulation I, 5-point pref-
only where every effort has failed with crence applicunts, even though they
in a reasonable time to produce prefer- apply within the six-month period, are
ence eligibles (action of Commission, entitled to reopened examinations only
July 26, 1944).
for positions for which there are exist-
ing registers or registers about to be
REOPENED EXAMINATIONS FOR PERSONS
GRANTED PRIIERENCE
established, while 10-point preference
applicants are eutitled to reopened ex-
[See section 2 of war-service
aminations not only for such positions,
regulation 1]
but also for positions to which any ap-
Persons entitled to 5-point prefer- pointment has been made within the
--Section 2 of war-service regula- preceding 3 years.
tion I provides in part as follows:
Register on which eligibility will be
Applicants granted five entered.--Applications received from
point preference under these regulations preference applicants for reopening of
may file application at any time within x:uminations for a position for which
six months after their discharge from there is no register but for which un
the arned forces for examinations for open competitive examination has al-
which there are existing lists or for ready closed will be considered along
which lists are about to be established. with the applications for the regular
Examinations reopened for preference examination. The preference appli-
applicants will be scheduled as the needs cants will be advuitted to the regular
of the service require, but in any case examination when it is held, and if
not less than once each month."
they attain eligibility, their names will
Persons entitled to 10-point prefer- / be entered on the register simultan-
ence.--Section 2 of war-service regula- eously with those of applicants quall-
tion I provides in part as follows:
fying through the open competitive ex-
* Applicants granted ten-
amination.*
point preference under these regulations
Applications received for reopening
may tile application at any time for any of an examination for a position for
position they may specify for which which there is no existing register but
there is an existing list or a list about
to be established or to which any ap-tion has been announced and held will
for which an open competitive examina-
pointment has been inade within the
preceding three years.
be considered in the usual way for re-
Ixaminations reopened for preference opening of the examination at the end
applicants will be scheduled as the needs of the *quarterly* period in which re-
of the service require, but in any case ceived, even though the register has
not less than once each month."
not been established, and the names of
Period for iling applications for re- resulting eligibles will be entered on the
opened examinations.--Persons granted | register immediately if it hus then been
t
(September 7, 1944)
NOTES ON EXAMINATIONS AND ADMISSION THERETO
62
established or, if not, as soon as it is examinations for typist (CAT-2)
established.
(Commission's minute 2 of July 17,
*If an application is received from a 1939).
person granted preference for reopen- When a person is serving in a classi-
ing of an examination for a position fied position as a result of eligibility ac-
for which an open competitive exami- quired through an open competitive ex-
nation has closed but for which there is amination or a reopened examination,
still an old register from the reopening in application from him for reopened
of which he would derive benefit, the examination for the same register from
application will be considered under which he was appointed will not be ac-
the old announcement unless request cepted (Commission's minute 4 of
is specially made for a reopening of March 9, 1938).
the new examination (Commissiou's Physical requirements for reopened
minute 2 of February 25, 1930). examination. — Applications for re-
Whether or not he files for a posi- opened examinations from disability-
tion for which a register is maintained preference applicants who are unable to
or about to be established, a prefer- meet the announced physical require
ence applicant's application for re-ments will be canceled unless the eligi-
opened examination will be carefully ble register on which they seek entrance
studied to determine his qualifications has a known or prospective use in filling
as indicated by the training and ex- vacancies for which the physical condi-
perience shown, and will be recorded tion of the applicant is acceptable
for other kinds of positions for which (Commission's minute 6 of March 5,
he seems to be qualified. His record 1941).
will then be inade available to Federal *Period of eligibility from reopened
agencies when they desire to fill vacan- examination. Whenever a new exam-
cies for which his training or experi-ination is announced for a position for
ence, or both, may fit him.*
which a register exists, any preference
Number of times an examination may eligible on the list whose name
be reopened.--"Hereafter examinations entered thereon as a result of reopened
will not be reopened to a given indi. (xamination and who has had less than
vidual more than a second time under an year of eligibility (1) will have his
given announcement” (Commission's eligibility transferred to the successor
minute 2 of March 20, 1933). If the in- register if the examination which he
dividual attains an eligible rating, the took is found to be comparable to the
examination will not be reopened agnin new examination or if the examination
under the same announcement. How which he took can properly be rerated
ever, a person whose name appears on
for the new examination with a re-
a register for stenographer (CAF-2) sultant eligibility, or (2) in case his
and who applies for a reopened exami- eligibility cannot be transferred di-
nation, for stenographer (CAF-3) will rectly or after rerating of his papers, he
be authorized to enter such examination will be notified in advance of the fact
that a successor examination will be
if he meets the requirements, but will
be placed definitely on notice that any mission's minute 1 of March 25, 1944.)*
held in which he may compete (Com-
eligibility acquired as
as stenographer
(CAF-3) will be withdrawn if he is ap-
SPECIAL EXAMINATIONS AND
pointed to a position as stenographer
RE-EXAMINATIONS
(CAF-2). The same rule will be fol-
Reopened examinations for persons
lowed in the case of persons whose granted preference. See section 2 of
naines appear on registers for typist | war-service regulation I and notes on
(CAF-1) and who apply for reopened | page 61.01.
was
(September 7, 1944)
62.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
Examinations for persons employed | of applications for which closed during
abroad in excepted positions.-En-their absence, immediately upon their
ployees of the Government serving in return to the continental United States
excepted positions abroad, who apply (Commission's minute 1 of May 15, 1936,
informally by letter for an examina- and minute 4 of April 10, 1937).
tion during the time permitted for the Designation examinations for Mili-
filing of applications by the terms of tary and Naval Academies.--The Com-
the examination announcement, may mission is authorized to test the quali-
make formal application for and take fications of applicants for designation
examinations for positions, the receipt for appointment in the United States
.
1
(Septeniber 7, 1944)
NOTES ON EXAMINATIONS AND ADMISSION THERETO
63
Military or Naval Academy on nomi-perior, to the effect that the employee
nation of any Member of Congress was prevented from reporting for the
(Executive Order No. 5918, September 7, regular examination because of official
1932).
duties, is furnished.
Special examinations for persons un- Special examinations will not be
able to report on regular examination granted to: (1) Persons prevented
dates. Special examinations for per- from reporting because of personal ill-
sons unable to report on the designater ness or injury; (2) persons unable to
date will be granted to: (1) Appli- secure leave of absence from private
cants in attendance at National Guard employment; (3) enlisted men of the
encampments (15 days a year) and Army and Navy who cannot secure leave
Reserve Officers on training duty (14 of absence to report on the regular ex-
days a year), provided that they pre amination date; (4) personnel (includ-
sent official written statements from ing officers) of commercial ships or ves-
their commanding officers showing that sels of the Merchant Marine who cannot
requests for leave of absence to take report on the regular date because of
the examination were actually made being at sea (Commission's minute 1 of
and refused; (2) applicants prevented January 7, 1940, as amended by minute
from reporting by acts of God, such as 2 of February 6, 1940; action of Com-
hurricanes, floods, snowstorms, etc., mission, March 11, 1940).
when the impossibility of reporting is *With respect to reopened examina-
verified to the Commission's satisfactions after discharge for persons who
tion; (3) applicants under quarantine were prevented from competing because
and applicants subject to the epidemic of military or naval service, see page
restrictions; (4) applicants on jury 61.01.*
duty or serving as witnesses, whether Reexamination of persons who fail in
Federal, State, or county courts are noncompetitive examinations.-A can-
irivolved; (5) applicants who fail to didate who fails in a noncompetitive
receive admission cards through ad examination (except a noncompetitive
mitted fault of the Post Office Depart- examination for the classification of a
ment; (6) persons prevented from tak- Presidential postmaster or a noncom-
ing examinations through fault of the petitive examination given pursuant to
Commission or its representatives; (7) or in accordance with the Ramspeck
Government employees who, because of Act of November 26, 1940), will be per-
governmental duties, are unable to take mitted to take a second examination,
the examination on the scheduled date, without waiting any definite period of
provided that an official statement time, upon receipt of a request from
from an employee's supervisor or su- the department. If he fails in a sec-
(September 7, 1944)
64
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
$
ond examination for reinstatement, pro- | departmental circular No. 161, supp. 2,
motion, transfer, or classification, he October 28, 1938, and supp. 3, August 19,
may not be reexamined within a period 1940). *If he fails in a second as-
of six months after the second exam- sembled examination for reappoint-
ination, and additional examinations ment under war-service regulation
thereafter may not be permitted more VIII, the time limit thereafter between
often than once a year (Commission's each successive reexamination of the
minute 2 of October 17, 1938, as same type is three months (action of
amended by minute 3 of May 27, 1940;' Commission, February 15, 1944).*
(September 7, 1944)
NOTES ON RATING AND ELIGIBILITY
69
ele
tion and his eligibility as a result of subsequent certification under the war-
this examination is used as a basis for service regulations if the register is
his reinstatement, transfer, or change in currently used for certification under
status, his name will be removed from such regulations.
the register in grades lower than or The name of any person who was pro-
equivalent to the position to which he bationally appointed from a register
is appointed, but not for higher grades. still used exclusively for probational
Persons whose names are removed from certification may not be restored to the
registers under the provisions of this register if he was separated after conu-
minute will be so notified (Commis- pletion of his probationary period. He
sion's minute 2 of March 2:1, 1939). may, however, under proper circum-
*Effect of passing over eligible upon stances be reinstated to a position
his eligibility. In general, the fact that which is under the civil-service rules
an eligible has been passed over for (as distinguished from the war-service
appointment does not cause removal of regulations) in accordance with the
his name from the register, although it provisions of civil-service rule IX.*
may affect recertification to the ap- Upon restoration to the register, an
pointing officer who passed over him. eligible's name may be certified to any
See section 4 of war-service regulation department or office, including the one
IV (page 27) and notes on page 86. from which he was separated. How-
Restoration to register upon furlough ever, prison guards separated during
or separation. The name of any person their trial period without delinquency
who has been selected and appointed or misconduct because of their failure
from a civil-service register, and has to make good under the Bureau of
thereafter been separated from the Prisons will not be recertified to that
service without delinquency or miscon- Bureau from the register which resulted
duct, or furloughed either for a definite in their appointment (Commission's
period or indefinitely, may be restored minute 3 of December 13, 1932; minute 2
to the register from which selected, if of December 22, 1936; minute 2 of May
such register is still in existence, under 29, 1937; minute 3 of May 4, 1940 :
the following conditions:
minute 1 of May 26, 1944).
(a) If separated or furloughed fol- *Restoration to register of preference
lowing war-service appointment and employee who has resigned.--Section 5
either during or after completion of the of war-service regulation III (see page
trial period, his name may be restored 24.01), provides for the restoration of
for subsequent certification under the the names of employees entitled to vet-
war-service regulations.
eran preference who resign, to the regis-
(6) If separated or furloughed fol-ters upon which the name formerly ap-
lowing probational appointment and peared, or to successor registers. In or-
during the probationary period, his der to secure the benefit of this provi-
name may be restored for subsequent sion, the person entitled to preference
certification under the war-service reg- must make application for the restora-
ulations if the register is currently used tion of eligibility after resignation. An
for certification under such regulations, office of the Commission may require the
or for certification under the civil applicant to submit Standard Form 57
service rules if the register is still used or 60, as the case may be, and any addi-
for certification under such rules. tional information it may need to deter-
(c) If separated or furloughed fol- mine the action that should be taken.
lowing probational appointment and Persons originally appointed in the
after completion of the probationary Federal service as preference eligibles
period, his name may be restored for i who are not entitled to the preference
(September 7, 1944)
69.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS. ANNOTATED
.
benefits of the Veterans' Preference Act, ulation III, the Commission may impose
of 1944 (see page 78.03) will not be en- further tests of fitness whenever there
titled to the benefits of section 5 of war- | is reasonable doubt as to the applicant's
service regulation III.
present qualifications for the position
A successor register, for purposes of (section 5 of war-service regulation III;
such restoration, is one which would be action of Commission, July 26, 1944).*
used in certifying in regular order for Eligibility suspended during active
the position for which the applicant service with the armed forces.--Sce
previously had eligibility, and for which notes, page 61.
the qualification requirements for entry Extension of period of eligibility be-
are substantially the same as for the cause of military or naval service.-See
register on which his name formerly ap- notes on page 245.
peared.
Restoration to register after dishon-
In connection with the restoration of orable discharge from armed forces.-
names to registers under section 5 of reg. See notes on page 54.
(September 7, 1944)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT
70
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT
on
REQUISITIONS FOR PERSONNEL sion has met the three tests indicated
above. Henceforth the Commission will
[See section 1 of war-service regulation IV)
assume that each requisition has been
Requisitions to be submitted in con- reviewed and meets the tests above
nection with all vacancies. The Com- outlined (memorandum of Commission
mission must be currently advised, to heads of executive departments and
through the submission of requisitions independent establishments, February
for personnel, of all vacant positions 8, 1943).
which an agency needs to have filled by Replacement of employees on leave. -
persons not now working in the agency. See notes on page 517.01.
Knowledge of the total personnel re- Method of requisitioning personnel.-
quirements of the Federal Government As to the office of the Commission to
is needed by the Commission in order to which requisitions for personnel should
use its facilities most effectively in re- be submitted, see notes on page 17.
cruiting and placing the best qualified Such requisitions should be sub-
personnel. Furthermore, unless the mitted Standard Form 39 (or
Commission has this information, it Civil Service Commission Form 1890,
will be unable to adequately represent in the case of requisitions on the Com-
the needs of Government agencies in mission's regional directors). An im-
connection with its membership on the mediate recommendation for the trans-
War Manpower Commission (memoran- fer or reappointment of a person who
dum of Commission to heads of execu- is presently employed or has been for-
tive departments and independent es- merly employed in the Federal service
tablishments, February 8, 1943).
may be submitted on Standard Form 46,
Conditions prerequisite to placement accompanied by the forms required in
of requisitions for personnel.-Good transfer or reinstatement actions (see
management dictates that each requisi- notes on those subjects).
tion for personnel serve in effect as a The appointing officer should definite-
ccrtification :
ly state the number and duration of the
(a) That all the positions covered by positions to be filled; any deadlines to
the requisitions are essential to carry- be met; agency and activity; ** bu-
ing on the work program of the depart- reau and location ; the classification,
ment in time of war, and
grade, and salary of the position when
(6) That funds are available or they are not immediately apparent from
definitely will be available to cover the the title; and special qualifications
salaries of the positions included in the essential to the performance of the du-
requisitions, and
ties. He should indicate specifically
(c) That so far as is known the work whether the position is for temporary
to be carried on by the incumbents of appointment of one year or less dura-
the positions covered by the requisitions | tion, or, if in excess of one year, other-
will not duplicate other activities car- wise specifically limited.
If the ap-
ried on either within the department or pointment is to be for the duration of
in other departments.
the emergency, he should clearly indi-
Each agency should see that proper cate that fact. If eligibles are being
relationships are established between its requested for part-time employment,
personnel and budget offices, and that this fact should be clearly indicated in
appropriate procedures are adopted to the space for remarks (departmental
insure that each personnel requisition circular No. 77, June 13, 1931; depart-
submitted to the Civil Service Commis- mental circular No. 323, revised, March
(September 7, 1944)
71
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
30, 1942; departmental circular No. 323, the act of July 26, 1937 (50 Stat. 533),
supplement 1, March 13, 1942; depart- provides in part as follows:
mental circular No. 389, revised, July 10, “No person shall be discriminated
1943). (With respect to notation neces- against in any case because of his or
sary where the appointing officer does her marital status in examination, ap-
not wish to consider student eligibles pointment, reappointment, reinstate-
who have not furnished proof of comple- ment, recmployment, promotion, trans-
tion of courses, see notes, page 74.) fer, retransfer, demotion, removal, or
Employment of women.-Section 2 of retirement. All acts or parts of acts
war-service regulation IV provides that inconsistent herewith are hereby re-
requisitions for personnel shall be filled
pealed."
without regard to sex unless sex desired
Request for appointment of particular
individuals.-An
is specified by the appointing officer.
agency occasionally
Section 165 of the Revised Statutes individuals whom it desires to consider
knows of exceptionally well qualified
(based on the act of July 12, 1870, 16 for appointment to specific positions.
Stat. 250 ; 5 U. S. C. 1940 ed. 33), pro- The names of such persons may be sug-
vides as follows:
gested to the Commission in submitting
"Women may, in the discretion of the a requisition or for the purpose of Alling
head of any department, be appointed a pending requisition, although the Com-
to any of the clerkships therein author- mission is under no obligation to in-
ized by law, upon the same requisites clude on a certificate the name of a per-
and conditions, and with the same com- son so suggested (see notes, page 73).
pensations, as are prescribed for men." The suggestion should specify the name
Section 4 of the Classification Act of of the department or activity in which
1923 (42 Stat. 1489, March 4, 1923; 5 the individual is employed and any per-
U. S. C. 1940 ed. 664) provides that "in tinent information which is available
determining the rate of compensation regarding him. It should also show
which an employee shall receive, the specifically the post of duty of the pro-
principle of equal compensation for posed appointee (departmental circular
equal work irrespective of sex shall be No. 346, June 10, 1942; memorandum of
followed."
Commission to heads of executive de-
Section 2 of the Civil Service Act partments and independent establish-
of January 16, 1883 (22 Stat. 403; 5 ments, February 8, 1943).
U. S. C. 1940 ed. 633), as amended by *
1
t
(September 7, 1944)
NOT'ES ON PLACEMENT AND ORIGINAL APPOINTMENT
72
page 17.*
Deoentralized agencies.--*As to sub. | to the Commission authority to select
mission of requisitions for personnel by personnel (see note on “Direct recruit-
agencies whose departmental headquar- ing", page 48), the Commission, in re-
ters have been moved outside the metro-sponse to requisitions, supplies the
politan area of Washington, D. C., see agency with the names and supporting
documents of persons who, in its judg-
ment, are qualified for the positions.
The present certification forms (Civil
FILLING REQUISITIONS FOR PERSONNEL
Service Commission Form 1765, for cer-
( See section 1 of war-service regulation IV]tification from the Commission's central
office, and Civil Service Commission
Rejection of requisitions because of form 1844a, for certification from its
unduly exacting requirements.-Where regional offices) will continue to be
a personnel requisition from a depart- used in submitting names to the appoint-
ment or agency sets forth qualifications ing officer except where the direct-re-
which are, in the judgment of the Com- cruiting procedure is used.
mission, too exacting in the light of the *The names of rederal employees who
requirements of the job and of labor are under-utilized, or who represent ex-
market conditions, the Commission will cess personnel, will be presented infor-
return the requisition. In taking this mally to agencies for consideration, and
action, the Commission will indicate its requests for transfer of those desired
willingness to work with the department should be presented to the Commission
or ugency in developing some other so-
on the appropriate form. Names from
the reemployment list will be furnished
lution, such as the development of a
as set forth on page 128, and names of
training program and the recruitment of
annultants retired under the age or op-
the necessary trainees for this program tional provisions of the Civil Service
(memorandum of Commission to heads Retirement Act or the Canal Zone Re-
of executive departments and independ tirement Act will be submitted as set
ent establishments, February 8, 1943). forth on page 74. The names of other
Referral of requests for personnel to present or former employees who have
the Bureau of the Budget.Whenever, filed applications with the Commission
in the judgment of the Commission, a will be included on the list for appoint-
requisition for personnel raises ques- ment under regulation V (if sufficiently
tions as to the duplication of like and near the head of the register)
similar work in other agencies and other though they are also eligible for transfer
issues which fall within the Jurisdiction under war-service regulation IX or for
of the Bureau of the Budget, it will pro- reappointment under regulation VIII
vide the Bureau with a copy of the (actions of Commission, April 3, 1912,
requisition. The Commission will, how. August 21, 1942, February 15, 1944 and
ever, continue its efforts to all the July 26, 1944; memorandum of Commis-
sion to heads of executive departments
requisition unless requested not to do so
and independent establishments, Febru-
by the Bureau of the Budget (memo-
randum of Commission to heads of ex- 493, July 3, 1944).*
ary 8, 1943; departmental circular No.
ecutive departments and independent
The supporting documents to be fur-
establishments, February 8, 1943), nished with the certificate include ap-
Direct recruiting.–See
on plications or copies thereof (see page
50); examination papers ; confidential
Joint recruiting-See notes on page vouchers (see page 86); reports of Fed-
48.01.
eral or State authorities on persons who
Departmental-system and ield-system have been convicted of felonies (see page
certification.-See notes on page 17. 54) ; etc
Submission of lists of eligibles.- Decentralized agencies.-*As to cer-
Where departments and agencies do not tification for positions in agencies whose
engage in Joint-recruiting programs departmental headquarters have been
with the Commission (see notes, page moved outside of the metropolitan area
48), and where they have not delegated of Washington, D. C., see page 17.*
ever
noles
page 48.
608399°-444
-2
(September 7, 1944)
73
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
*Certification in cases where functions quest for filling a large number of va-
have been transferred.-Section 12 of cancies, a certificate or list may be issued
war-service regulation IX provides as bearing a sufficient number of names to
follows:
be considered for filling up to 10 va-
"When any or all of the functions of cancies if the position is at a salary of
any agency are transferred to, or any more than $2,000, or for filling up to
agency is replaced by some other agency 50 vacancies if the position is at a
or agencies, all employees entitled to salary of $2,000 or less. At the same
five- or ten-point preference under these time or within a period of one to three
,
available and qualified for positions in maining vacancies may be issued in
the replacing agency or agencies, shall units sufficient to fill 10 vacancies for
first be transferred to such positions positions at a salary of more than
before such agency or agencies shall $2,000, or for 50 vacancies for positions
appoint additional employees from at $2,000 or less.
. The use of the smaller
any other source for such positions, and lists will enable the departments to
the Civil Service Commission will not clear the certificates in units and to
certify eligibles for such positions as return to the Commission a report on
long as such qualified and available any one list or supplement as soon as
preference employees have not been action has been taken on that list. In
transferred."
this way large recruitment programs
The word "certify" as used in this can be handled expeditiously, certifi-
section includes authorization for orig- cations can be made in workable units,
inal appointment, inter-agency trans- nonselected eligibles can be restored to
fer, and reappointment. The phrase the register quickly and recertified (de-
"any other source" as used in this sec-partmental circular No. 352, July 1,
tion includes any source of recruitment 1942). (See also note on submission of
other than employees of the replacing partial reports on certificates, page 115.)
agency and the transferred function or
Filling requisitions which contain
agency (action of Commission, July 26, suggestions as to certification of particu-
1944). In this connection, see section lar individuals.-While appointing offi-
308 of the reduction-in-force regula- cers may, in submitting requisitions,
tions, page 187.
suggest the names of exceptionally well
Number of names submitted. The qualified individuals whom they desire
Commission will furnish three names to consider for appointment to specific
(if available) for each vacancy, plus a positions, the Commission is under no
sufficient number of names to provide obligation to include on a list of eligibles
for declinations or the unavailability the name of a person so suggested.
otherwise of eligibles. The certificates *It will not certify such a name unless
will indicate the additional names that the individual is within reach for cer-
may be considered in the event of dec- tification in accordance with the war-
linations or unavailability.
service regulations. The Commission
will not normally certify the name of a
Supplements to complete certificates
will not be issued until it is apparent and until it has had a minimum period
person proposed by an agency unless
that, after all available eligibles have of two weeks in which to certify quali-
been properly considered, there will not fied applicants in response to the requi-
be sufficient names on the original cer-
sition. It may, however, shorten this
tificate to allow the appointing officer | time period under emergency circum-
to consider three names for each va stances, and it may require a longer
cancy (departmental circular No. 493. time period in the event of doubt as to
July 3, 1944).*
the qualifications of the proposed ap-
In connection with an individual re-pointee and in the temporary absence
(September 7, 1944)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT
74
of other qualified candidates (memo- the war reemployment list and the
randum of Commission to heads of ex- competitive list, see page 128.*
ecutive departments and independent Apportionment-See notes on page 79.
establishments, February 8, 1943; sec- Local certification due to housing con-
tion 1 (g) of war-service regulation ditions.--Regional directors have been
IV). (With respect to action taken if authorized, when necessary because of
the proposed appointment is disap housing conditions, to give preference
proved, see notes on "Requests for ap- in certification for indefinite appoint-
pointment of particular individuals”, ment to eligibles residing within com-
page 71.* As to names suggested after muting distance from the place of em-
public announcement is made of a ployment, notwithstanding the fact that
special competitive examination for registers were set up on a State or re-
filling a particular vacancy in which gion-wide basis for certification pur-
the statement is made that the register poses. Information setting forth the
will expire upon appointment to the housing situation, which forms the basis
particular vacancy, see section 1 (g) of for the action taken under this author-
war-service regulation IV, page 26.) ity, will be made a matter of record in
Submission of names of qualified em- the regional office in each case (action
ployees within the service. See notes of Commission, August 23, 1940).
on page 72.*
Use of central-office registers for field
Order on list.-The names of eligibles positions during the war.-During the
will be presented to the appointing offi- present war, registers resulting from
cer in the order shown in section 3 of examinations announced for filling po-
war-service regulation III (see page 24). sitions in Washington, D. C., only may
*In the case of positions in the pro- be used for filling positions subject to
fessional and scientific services for the war-service regulations in the field
which the basic entrance salary is over service in the event there are no eligibles
$3,000 per annum, the names of 10-point on field registers (Commission's minute
preference eligibles are not entered at 2 of June 10, 1940, as amended by min-
the head of the eligible list but are ute 6 of June 26, 1940).
placed on the list in accordance with Local eligibility of persons employed
their earned ratings as augmented by in the Government service at Washing-
10-point preference. Where a 10-point ton, D. C.-Employment at Washington,
preference eligible and a 5-point pref-D. C., in the Federal Government or the
erence eligible having the same aug- government of the District of Columbia,
mented numerical ratings are certified shall not deprive eligibles on field regis-
to one of these positions, the name of ters from which certification is made on
the 10-point preference eligible will be a State or region-wide basis, of local
placed above that of the 5-point pref- eligibility on such registers (Commis-
erence eligible (action of Commission, sion's minute 2 of January 25, 1937).
July 26, 1944). In certification gen-
Physical requirements.--In certifying
erally, whether for positions in the pro- eligibles to fill vacancies in positions
fessional and scientific service or not, other than those for which an examina-
the name of a 5-point preference eligible tion was specifically held, the physical
will be placed above that of an eligible requirements of the position to be filled
not entitled to preference whose rating rather than those of the position for
is the same as the augmented rating of which the examination was held will be
the preference eligible (Commission's applied (Commission's minute 6 of
minute 1 of July 30, 1923).
March 5, 1941).
For order of certification as between *While applications which disclose a
(September 7, 1944)
74.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
history or other evidence of tuberculosis type and grade of position (action of
will be accepted, persons filing such ap- Commission; July 26, 1944).
plications will not be referred for ap- For special procedure applicable to
pointment until they meet the require the passing over of veterans, see sec-
ments concerning tuberculosis set forth tion 4 of war-service regulation II
on page 91 (departmental circular No. (page 28) and notes on page 86.*
472, March 3, 1914).
Certification of student eligibles.--In
Recertification of eligibles.-An eligi- certain cases, students who file applica-
ble who has received three considerations for examinations having an edu-
tions from the same appointing officer cational prerequisite are admitted to
will not be recertified to him from that the examination subject to the comple-
register, although the appointing officer tion of their scholastic work. As the
may subsequently select him, subject to majority of students enrolled in the
the approval of the Commission, from last term of their course work obtain
the certificate on which his name last their degrees or certificates, but fail to
appeared if the condition of the list report that fact to the Commission, the
Commission will certify eligibles who
has not so changed as to place him in
have not furnished proof of completion
other respects beyond reach of certifi- of courses unless the department speci-
cation. For the purpose of determining fies that no certification is desired of
the number of considerations, “an ap- students who have not furnished such
pointing officer" is the head of the proof (departmental circular No. 351,
agency, subdivision of the agency, office, June 30, 1942).
or station to which the certificate was
Certification of annuitants retired
issued. Considerations on previous cer- under age or optional provisions of the
tificates can be counted only if the pre- Civil Service Retirement Act or the Ca-
vious certificates were issued to the nal Zone Retirement Act.-The Civil
same appointing officer for the same / Service Retirement Act, as amended,
1
(September 7, 1944)
CERTIFICATION OR APPOINTMENT PRIOR TO WAR-SERVICE REGS. 209
In all cases, action with respect to classified civil-service status by virtue
classification will be taken in accord- of such transfer, promotion, or assign-
ance with the recommendation, regard- ment; his status will be that of a war-
less of promotions or transfers subse- service appointee (departmental circu-
quently made. A certificate authoriz- lar No. 428, June 11, 1943).
ing classification in one position can- With respect to employees who fail to
not be used for classification in some meet the requirements for classification
other position. If classification is of the Ramspeck Act and related Execu-
authorized, it must be made effective on tive orders, as distinguished from those
a date on which the employee was serv- of section 6 of civil-service rule II,
ing in the position for which the certif- see note below.
cate is issued. The certificate of clas- Persons who fail to be classified under
sification or notification of ineligibility, the Ramspeck Act and related Executive
as the case may be, will be sent to the orders. - Persons occupying positions
agency which made the recommendation which were included in the classified
for classification, even though the em- civil service on January 1, 1942, by
ployee may have transferred to some section 1 of Executive Order 8743 of
other part of the Federal service (de- April 23, 1941 (see page 329) and persons
partmental circular No. 291, supplement who were promoted or transferred to
5, June 5, 1942, and supplement 10. De other positions under section 2 of Ex-
cember 17, 1942; departmental circu-ecutive Order 8833 of July 26, 1941
lar No. 303, January 2, 1942; depart (see page 337), who were not recom-
mental circular No. 323, revised, March mended for a classified civil-service
30, 1942).
status before January 1, 1943, will be
Persons retained in status quo with permitted to continue in the service
out acquiring a classified status.--Sec-without acquiring a classified civil-sery-
tion 6 of civil-service rule II, which is ice status, and after January 1, 1943,
the general authority for conferring aand so long as the war-service regula-
classified status upon the incumbent of tions are operative, may be transferred,
a position when it is placed in the promoted or assigned in accordance with
classified (competitive) service or the war-service regulations and the
otherwise is made subject to competitive procedures and standards set forth in
examination, provides that any such in-departmental circular No. 257, revised
cumbent who fails to meet its require (see page 157), to any position subject
ments for classification may, in the dis- to such regulations for which they can
cretion of the head of the agency con- qualify. No employee will acquire a
cerned, be retained in the position in classified civil-service status by virtue
which he is serving without acquiring of such transfer, promotion, or assign-
a classified (competitive) status. So ment; his status will be that of a war-
long as the war-service regulations are service appointee. This paragraph also
operative
, the Commission will permit applies to employees who were recom-
employees serving in status quo because mended but failed to be classified for
of failure to meet the requirements of one of the reasons not requiring separ-
section 6 of rule II to be transferred, ation from the service (departmental
promoted, or assigned in accordance circular No. 277, supplement 1, Jan-
with war-service regulations and the uary 26, 1943; departmental circular
procedures and standards set forth in No. 291, supplement 11, December 18,
departmental circular No. 257, revised 1942; departmental circular No. 428,
(see page 157), to any position subject June 11, 1943). The same rulings apply
to such regulations for which he can to employees subject to section 1 of
qualify. No employee will acquire a | Executive Order No. 8833 of July 26,
210 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
1941 (see page 337), to section 2 of status will be considered together with
Executive Order No. 8939 of November his other qualifications. At the time
13, 1941 (see page 339), to section 2 of the recommending agency is notified of
Executive Order No. 8952 of Novenber the employee's ineligibility, it will also
27, 1941 (see page 340), or to section 2 be informed whether or not a war-serv-
of Executive Order No. 9005 of Decem- ice appointment is authorized. If a war-
ber 30, 1941 (see page 342).
service appointment under section 3 of
Persons who are recommended for war-service regulation IX is authorized
classification under the Ramspeck Act and the department desires to use such
or one of the related orders referred to authority, it should be effected immedi-
in the preceding paragraph, but fail to ately following separation under the
meet the examination requirements (in- Ramspeck Act so that there will be no
cluding the citizenship requirements) or break in service. The future status of
to pass the examination, must, under such appointees will be the same as that
the Ramspeck Act, be separated froin of any other appointee under the war-
the service not later than six months service regulations.
after the Commission advises the (2) Section 1 of war-service regula-
agency that they have failed (depart- tion II provides that "a noncitizen may
mental circular No. 291, November 24, be appointed through noncompetitive
1941, and supplement 2 thereto, Decem- examination provided *no citizen ell-
ber 30, 1941). In cases where the posi- gible is available and that* the depart-
tion left vacant by the separation of an ment or agency desiring his services has
individual found ineligible for classifi- specific authority to employ nonciti-
cation under the Ramspeck Act would zens."**
be filled by a war-service appointment, (3) It is not necessary to transmit a
the Commission will authorize the reem- medical certificate with individual rec-
ployment in the same position under the ommendations for classification under
war-service regulations of an individual the Ramspeck Act if the agency, in anak-
who would otherwise be separated be- ing its recommendation, certifies that
cause he had been found ineligible for the employee is performing the duties of
classification under the Ramspeck Act, his position in an acceptable manner,
provided that such individual is found and that he does not constitute an em-
to be qualified for a war-service appoint- ployment hazard to himself or to others.
ment. The following procedure will be In cases where a medical certificate is
observed where the position occupied by submitted, and it shows that the person
such individual is one subject to the war- has a defect which would ordinarily bar
service regulations, including positions his classification, the medical certificate
in the Board of Public Welfare for the will be returned to the agency concerned
District of Columbia :
for review and a decision whether it is
(1) Whenever an individual is found desired to make the certification re-
to be ineligible for classification, deter- ferred to above. If the agency is not
mination will be made as to his eligibil- willing to make this certification, deter-
ity for a war-service appointment in the mination will then be made, and the
position occupied by him. In arriving agency advised as to whether a war-
at a conclusion, his service in the posi- service appointment is authorized.
tion subject to the Ramspeck Act in 4) In cases where separation has al-
which he failed to secure a classified / ready been made in accordance with sec-
(September 7, 1944)
CERTIFICATION OR APPOINTMENT PRIOR TO WAR-SERVICE REGS. 211
tion 2 (a) of the Raimspeck Act for | affected by the war-service regulations
failure to qualify, or where the notice (action of Commission, April 3, 1942).
of ineligibility has been received but the *As to the effect of a transfer prior
separation has not been effected, au- to completion of the probationary pe-
thority for the reemployment of such riod, see section 11 of war-service reg-
persons if desired under the war-service ulation IX, page 38.*
regulations must be requested from the The length of the probationary period
Commission, reference being made in is governed by the regulations in effect
such requests to the date of notice of in- at the time the appointment was made.
eligibility for failure to qualify. If sep- Section 2 (c) of civil-service rule VII
aration has already occurred war-serv- provided for a probationary period of
ice regulation VIII is applicable. There- 6 months, but permitted the Commission
fore, request should show whether or and the department concerned to fix, by
not the employee has been separated. regulation, a longer probationary period
(5) The separation in accordance for any specified positions. A list of
with the Ramspeck Act and the reap- the positions for which such longer
pointment under war-service regulation periods were fixed, with the effective
IX or VIII should be reported in the date of the agreement, appeared on page
same manner as other personnel actions 291 of the November 30, 1941, edition
are reported.
of the "Civil Service Act and Rules."
These provisions for reemployment do
*Such a list has also been published
not apply in any case in which the posi- in the Federal Register for April 19,
tion is subject to the civil-service rules 1944 (9 F. R. 4127).*
rather than the war-service regulations; Persons appointed from certificates is-
if further employment is desired in such sued prior to March 16, 1942.—When
a case, the agency should make request certificates issued under prior proce-
therefor under civil-service rules (de dures were outstanding as of the effec-
partmental circular No. 291, supplement tive date of the war-service regulations
12, revised, July 8, 1943 ; Commission's (March 16, 1942), and appointments
minute 3 of May 25, 1943).
therefrom were inade after that date,
Persons serving their probationary
the appointment procedure could be car-
period on March 16, 1942.- A person who ried to completion according to the reg-
ulations in effect at the time the certifi-
received probational appointment prior
cates were issued, provided the report
to March 16, 1942 (September 26, 1942,
on the certificate was received by the
in the case of deputy marshals and zone Cominission not later than March 31,
deputy collectors of internal revenue; 1942. Reports of selections received in
October 23, 1943, in the case of employ the Commission's offices after March 31
ees in the field service of the Post Of-
were acted upon as war-service ap-
fice Department), and was serving his pointments except as specified in the
probationary period on that date, will paragraphs below. Requests for certifi-
continue to serve a probationary, rather cation received in the offices of the Com-
than a trial, period, and his rights with mission prior to March 16, 1942, were
respect to civil-service status are not filled as far as possible under the rules
(September 7, 19:14)
212 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
are
in force at the time the request was be considered probational, even though
received, and probational appointments the report on the certificate was not
under the civil-service rules could be received in the Commission's central
made from such certificates provided the office or one of its regional offices until
reports thereof were received in the after March 31, 1942, if the appoint-
issuing office not later than March 31, ments were made in proper order from
1942. At the option of the appointing the certificates, and a satisfactory medi-
officer, the new procedures might be cal certificate (Civil Service Commis-
followed in making selection and ap- sion Form 2413), declaration of ap-
pointment from outstanding certificates pointee' (Standard Form 61), finger-
on and after March 16, 1942. No sup- print chart (Civil Service Commission
plements to such outstanding certificates Form 2390), and other appointment
were or will be issued; instead, lists of forms required under the civil-service
eligibles will be furnished under the new rules (as distinguished from the war-
procedures prescribed by the war-service service regulations) furnished.
regulations (departmental circular No. When, upon presentation of
case, it
323, revised, March 30, 1942; actions of becomes necessary to consider the status
Commission, April 3, 1942, and Novem- of an individual employee, the appoint-
ber 12, 1942).
ment may be considered probational if
Appointments to positions of deputy the effective date was prior to March 16,
marshal and zone deputy collector of 1942, provided that these conditions are
internal revenue, after having been sub-met (departmental circular No. 323, re-
ject to the war-service regulations from vised, supplement 13, February 11,
March 16, 1942, were withdrawn from 1943).
the scope of the war-service regulations Positions in the field service of the
and made subject to the regular civil-Post Office Department, except post-
service rules, effective August 6, 1942. masterships, became subject to the war-
They were again made subject to the service regulations on October 23, 1943.
war-service regulations effective Sep- Where a certificate of eligibles was is-
tember 26, 1942. The rulings described sued for probational appointment on
above are therefore applicable to these or before that date, any appointee se-
positions not only as of March 16, 1942 lected therefrom will be accorded a
(as in the case of other positions made classified civil service status if the se-
subject to the war-service regulations lection was in regular order and prop-
on that date), but also as of September erly reported, and the appointee en-
26, 1942. Selections for either of these tered on duty on or before November 23,
positions made after September 26 from 1943. All appointments made from cer-
any certificate issued on or after August | tificates of eligibles issued subsequent
6, 1942, and prior to receipt of notice to October 23, 1943, or from registers
in the regional director's office of the of eligibles established after that date,
inclusion of such position under war-will be approved under the war-service
service regulations, may be approved regulations (action of Commission.
under either civil-service rules or war- October 23, 1943).
service regulations at the discretion of Persons temporarily appointed prior to
the appointing officer (actions of Com- March 16, 1942.-Effective as of March
mission, November 12, 1942).
16, 1942, all persons serving under sec-
Original appointments under which tion 1, 2, or 4 of civil-service rule VIII
the appointee entered on duty prior to or Executive Order No. 8257, No. 8564,
March 16, 1942, and which were made or No. 8458 will be considered as war-
from the Coninission's certificates is service appointees serving under regula-
sued for probational appointment, may tion V, provided that, in the discretion
t
HOURS OF LABOR
475
1
}
Effect of overtime compensation law of 1923, as amended, and who are paid
on within-grade salary advancements.-on an hourly basis for the time ac-
The payment of the overtime or ad- tually worked, not to exceed for any
ditional compensation authorized or re- one day 1/360 of the per annum rate for
quired to be paid by the War Overtime similar full time employees, are entitled
Pay Act of 1943 does not constitute an to additional compensation, subject to
“equivalent increase in compensation" the limitation of the act, only at the
within the meaning of the act of August rate of $300 per annum or 15 percent
1, 1941, relating to within-grade salary of earned basic compensation, as the
advancements (based on 22 Comp. Gen. case may be, as specifically prescribed
589, January 2, 1943). (See page for intermittent, etc., employees by sec-
447.)
tion 3 (a) of the act, even though such
Effect of limitations on amount of employees may be required to work a
salary payable to an individual.--The greater number of hours per day or week
overtime compensation authorized to be than regularly required of full time em-
paid under the War Overtime Pay Act ployees (23 Comp. Gen. 13, July 9,
of May 7, 1943 (Public Law 49, 78th 1943).
Cong.), is not to be considered in deter- An intermittent or irregular em-
mining whether a salary payment would ployee who happens to work one or more
be in contravention of the act of July weeks full time is not to be regarded as
31, 1894 (23 Comp. Gen. 445, December a full-time employee entitled to addi-
16, 1943). · (See page 426 for text of the tional compensation on an overtime
latter act.) Section 12 of the War Over- basis unless and until administrative
time Pay Act of 1943 specifically makes action is taken to classify or reappoint
a similar provision with respect to the the employee on a full-time basis, which
limitation imposed by section 212 of the action would be prospectively effective
“Economy Act” of June 30, 1932 (page only. The regulations do not contem-
428).
plate that the status of an intermittent
The limitation of $25 per day im- or irregular employee automatically
posed by the Naval Appropriation Act, changes to a full-time employee solely
1944, on the daily rate of compensation because of the fact that he happens to
that may be paid contract specialists work 48 hours in one or more weeks (23
relates only to the basic compensation Comp. Gen. 721, March 24, 1944).
of such persons, and, therefore, such a *An employee regularly working full
contractor receiving the $25 maximum time, even though 48 hours one week
rate is entitled to the additional com- and 56 liours the next, is entitled to ad-
pensation authorized by the War Over- ditional wartime compensation
time Pay Act of 1943 (23 Comp. Gen. puted on an overtime basis under sec-
398, November 30, 1943).
tion 2 of the War Overtime Pay Act of
An employee who is otherwise en- 1943, rather than on a percentage basis
titled to the benefits of the War Over- under section 3 (a) of the act (decision,
time Pay Act of 1943 is not debarred Comptroller General, August 11, 1944).*
Contract officers and employees, even
from those benefits by the mere fact that
his contract of employment expressly though employed and paid on the basis
of "when actually employed," who work
states that he is not entitled to overtime
an administratively established 48-hour
compensation (23 Comp. Gen. 398, No-
workweek niay be regarded as full-time
vember 30, 1943; 23 Comp. Gen. 721, employees so as to entitle them to in-
March 24, 1944).
creased compensation under section 2
Determination whether employees of the War Overtime Pay Act of 1943,
shall be paid on overtime or additional rather than as intermittent or irregular
compensation basis.-Under the War employees whose wartime additional
Overtime Pay Act of 1943, "when ac- compensation is controlled by section
tually employed" intermittent employ-3 (a) of that statute (23 Comp. Gen. 608,
ees whose salary rates are fixed in February 19, 1914).
accordance with the Classification Act Consultants employed on a per diem
com-
(September 7, 1944)
475.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
"when actually employed" basis, includ- employees appointed under the Civil
ing those employed under contract or ap- Service Commission's departmental cir-
pointed to "excepted” positions as well cular No. 389, revised, will be deter-
as those serving under regular appoint- mined by dividing the number of
ments to classified consultant positions, hours of the weekly tour of duty of
who are not regularly required to work the part-time employee by the number
a specified minimum number of hours of hours in the workweek of a full-
per day or week are to be regarded as time employee of the same class and
"intermittent or irregular employees” | multiplying the quotient by the per an-
within the meaning of section 3 (a) of num rate fixed by the Classification
the War Overtime Pay Act of 1943 and Act for a full-time employee in the
regulations issued thereunder, and, as same position (22 Comp. Gen. 1043,
such, are entitled to additional compen- May 17, 1943).
sation at the rate of $300 per annum or *The overtime compensation of a
15 percent of their earned basic com- full-time employee paid on a per an-
pensation, as the case may be, as au- num basis whose officially established
thorized by said section 3 (a) (23 regular workweek is 48 hours one week
Comp. Gen. 17, July 12, 1943).
and 56 hours the next may be computed
*As to cases where the sole basis for on a 52-hour week basis (average work-
payment of additional compensation in week) and prorated over the entire year
lieu of overtime is the $300 guarantee (decision, Comptroller General, August.
contained in section 3 (b) of the act, see 11, 1944).*
page 477.*
Where a part-time employee works:
Employees paid partly on time basis more than his regular tour of duty, but
and partly on fee basis.- Where an em- less than 48 hours, in any one week, the
ployee's basic compensation for a single base pay for that week is computed by
position consists in part of salary paid dividing the number of hours actually
on a time basis for full-time service and worked during the week by the num-
in part of fees, the overtime formula ber of hours in the workweek of a full-
should be applied to the salary and the time employee of the same class and
15-percent additional compensation multiplying the quotient by the per
formula to the fees (based on 22 Comp. annum rate fixed for a full-time em-
Gen. 745, February 4, 1943).
ployee in the same position. The addi-
Requirement of overtime work from tional compensation in lieu of overtime
employees who receive additional com- for that week would be 15 percent of
pensation in lieu of overtime.-No em- the base pay So determined, rather
ployee entitled to receive additional than of the basic compensation paid in
compensation in lieu of overtime under ordinary workweeks. The compensa-
the act of May 7, 1943, is required to tion of a part-time employee may not
work additional hours in order to re- be increased, however, because of work
ceive such compensation. However, per in excess of the regular workweek of
annum employees entitled to receive full-time employees of the same class
such additional compensation may, (based on 23 Comp. Gen. 650, March 2,
within administrative discretion, be re- | 1944).
quired to work additional hours with- With respect to the computation of
out regard to the act of May 7, 1943, the base pay of full-time per diem em-
and the same would be true of employees, see the act of April 1, 1944, re-
ployees paid on any other basis pro- printed on page 469.01.
vided their hours of labor are not reg- There is no authority under existing
ulated by a law which has not been law to compute the salary of employees
suspended (based on 22 Comp. Gen. 589, whose compensation is fixed on an an-
January 2, 1943).
nual or monthly basis on any basis
Inclusion of Saturdays within the other than that specifically provided by
workweek.-See notes on page 501. the act of June 30, 1906 (34 Stat. 763;
Computation of base pay.-The earned | 5 U. S. C. 1940 ed. 84). The salary
basic compensation of regular part-time should be computed by dividing the
(September 7, 1944)
HOURS OF LABOR
476
annual rate by 360 to determine the ployees, see 22 Comp. Gen. 1043, May
daily rate, or by dividing the annual 17, 1943.
rate into 12 equal installinents, one of Sunday work or travel of per diem
which shall be the pay for each calen- employees.—A per diem “when actually
dar month, each of the 12 installments employed" employee, even though not
to be divided by 30 to determine the regularly required to work on Sundays,
daily rate; or by dividing the annual is entitled to his basic compensation
rate by 360 to determine the daily rate. and to additional, or overtime compen-
Therefore, the salaries of employees sation, as the case may be, under the
paid on an annual or monthly basisWar Overtime Pay Act of 1943 for Sun-
may not be computed on a weekly or days on which he is in a travel status
biweekly basis (23 Comp. Gen. 698, away from his official station or while
March 18, 1944).
on duty at his official station for the
In the case of a “when actually em- same number of hours as he works on
ployed" intermittent employee ap- other days, but he should not be paid
pointed to a position not within the basic and additional wartime compensa-
Classification Act whose compensation, tion beyond the prescribed workday
based on hourly rates, is not required solely because he is in a travel status
to be fixed in accordance with the 40-] (decision, Comptroller General, July 4,
hour week statute of March 28, 1934 (see 1944).
page 464), the amount actually earned Overtime in excess of regular work-
by the employee is his "earned basic weck.-Work in excess of the regular
compensation" within the meaning of workweek for which additional com-
the War Overtime Pay Act of 1943, pensation may be paid may be either
upon which the additional compensa- ordered in advance or approved by the
tion authorized for intermittent en- proper official after the work is per-
ployees by section 3 of that act is to be formed. Overtime in excess of the
computed (23 Comp. Gen. 195, Septem- workweek may be ordered or approved
ber 15, 1943).
in blanket form, that is, for a group
Overtime compensation of employees or class of employees. It is unneces-
who are in a pay status for less than a sary that each employee be given a
full week.-A per annum employee separate and distinct order or that each
subject to the overtime-compensation employee's overtime work must be ad-
provisions of the act of May 7, 1943, ministratively approved (22 Comp. Gen.
who enters or leaves the service during 745, February 4, 1943).
an administrative workweek is entitled
Section 2 of Part III of the reg-
to 1/360th of the gross annual compen- ulations authorizing prorating on
sation, including both basic and over- annual basis of increased compensa-
time compensation, for each day in a tion pursuant to an overtime formula
pay status during the pay-roll period is specifically limited to "employment
(based on 22 Comp. Gen. 714, January during an officially established regular
27, 1943). *This decision is not con- workweek in excess of 40 hours.” Com-
trolling in the case of full-time em- pensation for overtime in excess of the
ployees whose administratively fixed officially established workweek (even
workweek involves varying lengths of though such workweek is less than. 48
workdays during the week; in such hours) may not be prorated on
cases, it is permissible to make de-annual basis, but should be paid at one
ductions for fractional day's or and one-half times the basic hourly
week's leave without pay on an hourly rate calculated as required by the act
basis, an hour's work being evaluated and regulations, for such excess over-
at 18 of 1360 of the annual salary time hours. This is true even though
where a 48-hour weekly tour of duty is the employee was on leave without pay
established (decision, Comptroller Gen- during a portion of the officially estab-
eral, August 5, 1944).* With respect lished workweek, or entered on duty
to leave without pay of part-time em-1 after it began, and consequently was
an
an
а.
(September 7, 1944)
476.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
not in a pay status during the whole of pensatory time purposes of such extra
the officially established workweek duties is within administrative discre-
(based on 22 Comp. Gen. 778, February tion and is not subject to review by the
9, 1943; 22 Comp. Gen. 780, February General Accounting Office (based on
10, 1943; *and decision, Comptroller 23 Comp. Gen. 451, December 21,
General, July 18, 1944).*
1943).
In the case of intermittent employ- *Compensatory time off from duty
ees who are appointed on a "when may be substituted in lieu of overtime
actually employed" basis to positions compensation only for so much of any
allocated to services and grades pur- period of service as is in excess of 48
suant to the Classification Act, and hours per week, even though the ad-
who are paid on the basis of hourly ministratively established workweek is
rates derived from per annum rates, less than 48 hours (decision, Comp-
the total basic compensation that may troller General, July 18, 1944).*
be earned for any one day may not ex-
The discretion to substitute compen-
ceed 1360 of the annual salary rate satory time off from duty in lieu of
prescribed by that act for similar full- overtime compensation for service in
time positions, regardless of the number excess of 48 hours per week in any
of hours worked in addition to the hours administrative workweek is vested in
administratively required of full-time the administrative office rather than in
employees (23 Comp. Gen. 13, July 9, the employee. Such compensatory time
1943). (As to additional compensa-off is not to be regarded as additional
tion for such employees, see note on leave of absence which must be applied
“Determination whether employees for. On the contrary, it is the duty
shall be paid on overtime or additional and responsibility of the administrative
compensation. basis“, page 475.) How- office under the regulations to excuse
ever, intermittent employees appointed the employee from duty, within 90 days
on a "when actually employed" basis from the time the excess overtime was
to positions not within the purview of worked, for a period corresponding to
the Classification Act whose hourly the excess overtime worked, unless it
rates of compensation are not required elects to compensate him for such over-
to be fixed in accordance with the 40- time. If that office, through its own
hour week statute of March 28, 1934 fault or neglect or for its own conven-
(see page 464), may be paid basic comience, fails to grant the compensatory
pensation for the actual number of time by the end of the 90-day period,
hours worked even though in excess of the employee becomes entitled to pay-
8 hours per day (23 Comp. Gen. 195, ment for such excess overtime, whether
September 15, 1943).
he has requested compensatory over-
While neither the War Overtime Pay time or not.
Act of 1943 nor the regulations adopted Where the head of an agency elects to
thereunder specify the amount of com-grant a full-time per annum employee
pensatory time off from duty that must who works in excess of 48 hours per
be granted administratively for work week compensatory time off from duty
or a duty status in excess of 48 hours in lieu of overtime compensation pur-
per week, per annum employees who suant to the War Overtime Pay Act of
actually work excess overtime that is, 1943 and the regulations issued there-
actually are engaged in their regular under, but, as a result of the employee's
duties for the time in excess of 48 hours own fault or voluntary action (such as
per week-may be granted compensa- voluntary resignation, transfer at the
tory time off from duty hour for hour employee's request, or refusal to accept
for the excess overtime worked. Where the compensatory time off), the agency
an employee's extra duties require him head is prevented from granting such
to be available for duty 24 hours per time off within the 90-day period pre.
day but do not require that all his time scribed by the said regulations, the em-
or a fixed portion thereof be devoted ployee is not entitled to overtime
to actual work, an evaluation for com- i compensation for overtime worked in
(August 3, 1944)
LEAVE OF ABSENCE
515
The Labor-Federal Security Appro- under their previous Federal employ.
priation Act, 1945 (Public Law 373, ment (23 Comp. Gen. 277, October 16,
78th Cong., June 28, 1944), provides 1943).
funds for payment of accumulated and
*Employee retired for age.—An em-
accrued leave to employees of the Na-ployee whose automatic separation for
tional Youth Administration who have age is required by section 2 (a) of the
Civil Service Retirement Act (see page
not liquidated such leave by June 30, 129) may not be carried on the rolls
1944, and to personnel employed for beyond the last day of the month in
liquidation of that Administration.
which he attains automatic retirement
Separation following suspension.-
age for the purpose of being paid for
Where an employee was suspended the annual leave standing to his credit
from duty and pay pending investiga- on that date (decision, Comptroller Gen-
tion of charges and it is decided to ac-eral, August 17, 1944). As to accrual of
cept his resignation without prejudice, leave during terminal leave preceding
his separation is voluntary and his retirement, and as to refunds for ad-
resignation may be accepted effective vanced leave in such cases, see pages
at the expiration of his accrued an-
495.01 and 503; as to reemployment upon
nual leave (17 Comp. Gen. 806, April or after retirement, see pages 129 to
2, 1938).
134.*
*Loss of leave through death.-The
Acceptance of employment with in-
heirs of a deceased employee may not ternational agency. The receipt of com-
be paid the compensation equivalent pensation for terminal annual leave
of the annual leave which had accrued from a Federal agency concurrently
tu him under the Annual Leave Act of with receipt of compensation as an em-
March 14, 1936, as amended, but which ployee of an international agency (such
he had not taken prior to his death. as the United Nations Relief and Re-
This is true even though he had not habilitation Administration) would not
been permitted to take it by the employ-contravene the dual-compensation stat-
ing agency. The right to receive com- ute of 1916 (see page 426) if the funds
pensation covering annual leave is a provided for the participation of the
benefit personal to the employee and United States in such agency are to be
does not inure to anyone else (deci- intermingled with grants made by other
sion, Comptroller General, August 5, nations and thus lose their status as
1944). Cf. Butler v. U. S., decided in Federal funds (23 Comp. Gen. 744,
the Court of Claims on May 1, 1914.* April 1, 1941).
Employee to be separated because of Resignation to accept employment
incapacity due to pregnancy.--*See page with State Government.-A Federal em-
517.*
ployee whose resignation from a Fed-
Cooperative employees of the Depart- eral position was tendered on the same
ment of Agriculture. -Cooperative em- day that he accepted employment under
ployees employed under the supervision a State government may be paid for
and control of the Department of Ag-accrued annual leave for a period
riculture for half of the year (during beyond the acceptance of such
which period they are regarded as Fed-ployment where his resignation was
eral employees) and under the super- accepted as tendered effective at the ter-
vision and control of a State or other mination of the period of earned leave
cooperating agency for the remainder (16 Comp. Gen. 776, February 19, 1937).
of the year (during which period they As to recrediting of leave upon reem-
are not regarded as Federal employees) ployment in a Federal position, see
who resign while serving with the co-notes on page 497.01.
operating agency to accept non-govern- Acceptance of private employment.-
mental work, or'who are inducted into A Federal employee may be paid the
the active military or naval forces, may compensation of his position during a
not be restored to Federal positions period of annual leave when he is em-
solely for the purpose of granting ac- ployed by a private employer (includ-
cumulated annual leave earned by them ling the American National Red Cross),
en-
(September 7, 1944)
516 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
cases.
even though such employer is engaged | ed accumulated annual leave ending at
on work under a contract with the Gov- the close of business on a Saturday,
ernment, provided the salary in the or the day preceding a holiday, and
private employment does not constitute furlough without pay for the purpose
a contribution toward Federal salary of entering the Women's Army Corps
in contravention of the act of March 3, is administratively upproved in ad-
1917 (see page 439). The dual-compen- vance to begin on the next following
sation statutes do not apply to such duty day, the employee is entitled to
Where, due to an administrative compensation for the Sunday or holi-
error resulting from a misunderstand-day intervening betweeu the expira-
ing of the requirements of the dual-tion of annual leave and the beginning
compensation statutes, an employee of the period of furlough without pay
with annual leave to his credit applied (22 Comp. Gen. 581, January 1, 1943).
for and was granted leave without pay *The compensation payable for ter-
duriug a period of employment with a minal annual leave of a per annum ern-
Government contractor, the annual ployee who works part of each calen-
leave may be substituted, retroactively dar day, but who is assigned to a shift
effective, for a corresponding period of consisting of 24 hours of continuous
the leave without pay. Where he re-duty with a 24-hour rest period between
signed to accept such employment, he each of such continuous-duty periods,
may be paid for accrued annual leave may be computed on the basis of con-
for a period beyond the acceptance of sidering the employee entitled to 2
such employment if his resignation was days' compensation for each 24-hour
accepted as tendered effective at the tour of duty and to 1/24 of 2/360 of his
termination of the period of earned annual salary for each hour of leave
leave (16 Comp. Gen. 776, February 19, for which he is to be paid (decision,
1937; 20 Comp. Gen. 489, February 27, Comptroller General, August 5, 1944).
1941; 22 Comp. Gen. 178, September Special termination leave.—Special
3, 1942; 23 Comp. Gen. 305, October 23, termination leave granted to employees
1943).
in excess of unused accumulated and
Additional accumulated leave made accrued leave to which employees are
available retroactively by statute.-In entitled under the annual leave act of
the case of employees now in the serv- March 14, 1936, or Presidential regula-
ice, the effective date of a proposed tions issued thereunder, will be regard-
termination or the beginning of leuve ed as "unuccrued leuve advanced" and
of absence without pay should be charged to future accruals of leave
changed in order to grant the employees earned while employed in another Fed-
the additional accumulated annual eral agency (16 Comp. Gen. 611, Decem-
leave to which they are entitled by the ber 22, 1936).
act of March 14, 1936, 49 Stat. 1161, as Substitution of leave with pay for
amended by the act of December 17, periods of nonpay status.-See notes,
1942, 56 Stat. 1052 (22 Comp. Gen. 810, page 504.
February 16, 1943).
Payment of overtime on terminal an-
Computation of amount of terminal nual leave.-Persons who are being paid
leave.--The provision of the act of June for accumulated annual leuve pending
30, 1906 (34 Stat. 763), which requires termination are entitled to overtime
the forfeiture of one day's pay for unau- compensation under the War Overtime
thorized absence on the 31st day of the Pay Act of 1943 on such period of leave
month, is not applicable to employees if they would have been entitled to such
who are separated from the service on overtime had they remained in the serv-
tlie 30th day of a 31-day month (5 ice (22 Comp. Gen. 810, February 16,
Comp. Gen. 904, May 11, 1926).
1943).
Where an employee paid on an annual Granting of leave other than annual
basis for every day of the year, in- leave..Under section 2.4 of the Annual
cluding Sundays and holidays, is grant- ' and Sick Leave Regulations an em-
(September 7, 1944)
J K
633
A
A 22
CIVIL SERVICE ACT AND RULES
TRANSMITTAL SHEET NO. 12
September 14, 1944
These sheets should be cut or torn apart along the perforations.
They should then be substituted as shown on the back of this page
for pages of the loose-leaf edition of the "Civil Service Act and Rules."
The steps in making the insertions are explained on page XX of the
introductory chapter, "How to Use This Book." The date of this trans-
mittal sheet and the date of filing should then be noted on the "Filing
Record" at the front of the book, and this page should be filed imme-
diately behind Transmittal Sheet No. 11.
When this filing is completed, pages 1 to 64, 69 to 80, 93 to 112, 123
to 135, 185 to 212, 291 to 365, and 447 to 525 will be up to date as of
September 14, 1944.
Remarks
Additions have been made on pages 96, 96.01, 97, 97.01, 98, 104,
104.01, 104.02, 108, 110, 111, and 495.04.
Deletions have been made as indicated on pages 99, 103, and
104.02.
Changes have been made on pages 95, 95.01, 96, 97, 97.01, 99, 101,
102, 103, 104, 104.02, 107, 110, 110.01, 495.01, and 518.
On pages 96 to 98, a number of citations have been changed, in
addition to the changes marked by stars; this is due to the replacement
of old by new appropriation acts. The deletion on page 99 is due to
the fact that temporary appointments in the field service of the Post
Office Department are now made under the war-service regulations.
The material shown as deleted on page 103 has been transferred to
page 104. It is believed that the nature of all other changes will be
obvious upon comparison of the old with the new pages.
Attention is again called to the fact that no page in the book should
be assumed to be up to date unless it is listed as such in the current
transmittal sheet. This is true even though it may be referred to on
other pages which are so listed. More than half of the bookthe half
more frequently referred to—is now up to date. The rest will be brought
up to date as quickly as possible.
609577 0-44
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TRANSMITTAL SHEET NO. 12 (SEPTEMBER 14, 1944)
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Note:—Pages of the October 31, 1943, edition bear no edition
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}
-
DEPOSITED BY THE
UNITED STATES OF AMERICA
OCT 17 а
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT
95
declaration of intention or other effec-Government of the United States or by
tive means recognized in international the Panama Railroad Company, is de
law, and all persons who have acquired clared to be a citizen of the United
the nationality of any other foreign States."
country.”
Persons born in the Canal Zone or
* Canal Zone. Executive Order 9456 the Republic of Panama before Febru-
of July 13, 1944, has suspended compli- ary 26, 1904, to fathers who were citi-
ance, during the continuance of any of zens of the United States at the time
the wars in which the United States is of such birth are citizens of the United
now engaged, with certain provisions of States.
the Naval Appropriation Act, 1945 (sec- Guam and Samoa.--Persons born in
tion 108, Public Law 347, 78th Cong., the islands of Guam and Samoa, un-
June 22, 1944), of the War Department less born of United States citizen
Civil Appropriation Act, 1945 (section. parents, are "nationals" and owe per-
2, Public Law 352, 78th Cong., June 26, manent allegiance to the United States
1944), and of the Military Appropria- but are not eligible for naturalization
tion Act, 1945 (section 7, Public Law unless they are white persons, persons
374, 78th Cong., June 28, 1944), con- of African nativity or descent, (lescend-
cerning citizenship requirements for ants of races indigenous to the Western
employinent in certain positions in the Hemisphere, *or Chinese persons or per-
Canal Zone. In consequence, conditions sons of Chinese descent.*
of employment in the service of the Derivative citizenship.-For provi-
Panama Canal and the Panama Rail- sions governing the naturalization of
road Company on the Isthmus of Pan- aliens who marry American citizens, or
ama continue to be regulated by Execu- whose spouses are
whose spouses are naturalized after
tive Order No. 1888 of February 2, 1914, marriage, see sections 310 to 312 of the
as amended, which restricts employment Nationality Act of 1940 (54 Stat. 1144,
in positions for which the rate of com- October 14, 1940). For provisions gov-
pensation is in excess of $100 a month erning the citizenship of children whose
or 50 cents an hour to citizens of the parents become naturalized, see sections
United States or the Republic of Pan- 313 and 314 of that act. Section 339 of
ama, except inder certain specified con- the act, tas amended by the act of
ditions, and requires that preference be January 20, 1944 (l’ublic Law 221, 78th
given to such citizens for employment in Crong.),* provides :
all grades.*
"A person who claims to have derived
Section 203 of the Nationality Act of United States citizenship through the
1940 (54 Stat. 1138, October 14, 1940), naturalization of a parent or through
provides as follows:
the naturalization or citizenship of a
“(a) Any person born in the Canal * husband, or who is a citizen of the
Zone on or after February 26, 1904, and United States by virtue of the provisions
whether before or after the effective of section 1993 of the United States Re-
date of this act, whose father or mother vised Statutes, or of section 1993 of the
or both at the time of the birth of such | United States Revised Statutes,
person was or is a citizen of the United amended by section 1 of the act of May
States, is declared to be a citizen of the 24, 1934 (48 Stat. 797), or who is a
United States.
(itizen of the United States by virtue of
“(b) Any person born in the Republic the provisions of section 201 (c), (d),
of Panama on or after February 26, (e), and (g) of the Nationality Act of
1904, and whether before or after the 1940 (54 Stat. 1139; U. S. (., title 8,
effective date of this act, whose father sec. 601),* may apply to the Commis-
or mother or both at the time of the sioner (of Immigration and Naturali-
birth of such person was or is a citizen zation) for a certificate of citizenship.
of the United States employed by the l Upon proof to the satisfaction of the
as
(September 14, 1944)
:
95.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
Commissioner that the applicant is a Aliens who serve in the armed forces
citizen, and that the applicant's alleged of the United States during the present
citizenship was derived as claimed, or war.-Section 1001 of the Second War
acquired, as the case may be,* and Powers Act, 1942 (56 Stat. 182, March
upon taking and subscribing before a 27, 1942), provides a summary proce-
member of the Service within the United dure for the naturalization of persons
States to the oath of allegiance required who serve honorably in the military or
by this act of a petitioner for naturali- naval forces of the United States during
zation, such individual shall be fur- the present war and who, having been
nished by the Commissioner or a deputy lawfully admitted to the United States,
commissioner with a certificate of citi- including its Territories and posses-
zenship, but only if such individual is sions, were at the time of their enlist-
at the time within the United States.” | ment or induction residents thereof.
(September 14, 1944)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT
96
Aliens who served in the armed forces shall be at war, deserted or shall de-
of the United States during past wars. sert the military or naval forces of the
The act of December 7, 1942 (56 Stat. United States, or who, having duly en-
1041), provides a summary procedure rolled, departed, or shall depart from
for the naturalization of persons who the jurisdiction of the district in which
were members of the military or naval enrolled, or went or shall go beyond
forces of the United States at any timeſ the limits of the United States, with
after April 5, 1917, and before November intent to avoid any draft into the mili-
12, 1918, or at any time after April 20, tary or naval service, lawfully ordered,
1898, and before July 5, 1902, or who shall, upon conviction thereof by a court
served on the Mexican border as a martial, be ineligible to become a citi-
member of the regular Army or Na- zen of the United States; and such
tional Guard from June 1916 to April deserters shall be forever incapable of
1917.
holding any office of trust or of profit
* Loss of United States nationality.- under the United States, or of exercising
The means of losing United States na- any rights of citizens thereof."
tionality are set forth in subchapter * United States nationality is lost
IV of title I of the Nationality Act of upon desertion from the military. or
1940 (54 Stat. 1168; U. S. Code, title I, naval forces in time of war, provided
chapter 11, subchapter IV) as amended the deserter is convicted thereof by
by the acts of October 16, 1941 (55 Stat. court martial and as the result of such
743), of October 9, 1942 (56 Stat. 779), conviction is dismissed or dishonorably
of December 8, 1942 (56 Stat. 1043), of discharged from the service of such
December 24, 1942 (56 Stat. 1085), and military or naval forces. Section 401
of July 1, 1944 (Public Lař 405, 78th (g) of the Nationality Act of 1940 (54
Cong.). See also note on "Deserters Stat. 1169, October 14, 1940; 8 U. S. C.
and draft evaders", below.*
1940 ed. 801g), as amended by the act
Persons who lose American citizen- of January 20, 1944 (Public Law 221,
ship by entering the armed forces of 78th Cong.), provides, however, that:
countries at war with an enemy of the “Notwithstanding loss of nationality or
United States. The act of April 2, 1942 citizenship or civil or political rights
(56 Stat. 198), provides a summary under the terms of this or previous acts
procedure for the naturalization of per- by reason of desertion committed in
sons who, while citizens of the United time of war, restoration to active duty
States and during the first or second with such military or naval forces in
World War, entered the military or time of war or the reenlistment or in-
naval service of auy country. at war duction of such a person in time of war
with a country with which the United with permission of competent military
States was or is at war, who have lost or naval authority, prior or subsequent
United States citizenship by reason of to the effective date of this act; shall
any oath or obligation taken for the be deemed to have the immediate effect
purpose of entering such service, or by of restoring such nationality or citizen-
reason of entering or serving in such ship and all civil and political rights
armed forces, and who intend to reside heretofore or hereafter so lost and of
permanently in the United States. removing all civil and political disabili-
Deserters and draft-evaders.--Section ties resulting therefrom.*
306 of the Nationality Act of 1940 (54 Service as internes by citizens of other
Stat. 1141, October 14, 1940) provides : American republics.-See page 167.
“A person who, at any time during Exceptions to the appropriation-act
which the United States has been or citizenship restrictions.-The following
(September 14, 1944)
96.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
types of employment have been specifi- , sions as interpreters, translators, or
cally excepted from the citizenship re- messengers (Public Law 365, 78th Cong.,
strictions contained in section 205 of the June 28, 1944).
Independent Offices Appropriation Act, Employment of citizens of the Com-
1945.* Where specific limitations on monwealth of the Philippines (section
the amount of funds available are men- 205 of the Independent Offices Appro-
tioned, they apply only to the employ- priation Act, 1945, Public Law 358, 78th
ment of aliens other than those whose Cong., June 27, 1914).
employment would be permitted under Employment of nationals of coun-
the general statutory prorisions set tries allied with the United States in
forth on page 92 (23 Comp. Gen. 576, the prosecution of the war (section 205
February 9, 1944):*
of the Independent Offices Appropria-
Employinent outside the continentaltion Act, 1945, Public Law 358, 78th
l'nited States (section 207 of the Inde- Cong., June 27, 1944).
penılent Offices Appropriation Act, 1945, During the national emergency de-
Public Law 358, 78th Cong., June 28, clared by the President on May 27,
194+). However, persons performing 1941, to exist, employment as common
clerical services, whether officially laborers only of nationals of the United
designated as clerks or not, in any for- States upon any public work carried on
eign mission, and paid from funds ap- for the national defense in the Terri-
propriateul under the heading "Miscel-tory of Hawaii by the Government of
laneous salaries and allowances, For the United States (55 Stat. 881, January
eign Service" in the Department of 2, 1942).
State Appropriation Act, 1945 (Public Einployment by the War Manpower
Law 367, 78th Cong., June 28, 1941), Commission, within a $10,000 limitation
must be American citizens, although (Public Law 373, 78th Cong., June 28.
aliens may be employed in such mis- | 1944).
(September 14, 1941)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT
97
Employment by the Office of War In- in a $200,000 limitation (Public Law
formation, paid from funds appropri- 305, 78th Cong., June 28, 1944).
ated by the National War Agency Appro- Employment of interpreters in the
priation Act, 1945 (Public Law 372, 78th Immigration and Naturalization Serv-
Cong., June 28, 1944).
ice (not to exceed 10 permanent em-
Employment by the Office of the Co-ployees and such temporary employees
ordinator of Inter-American Affairs, or
as are required from time to time)
by corporations created or caused to be
where competent citizen interpreters
created by the Coordinator primarily
are not available (l'ublic Law 365. 78th
for operation outside the continental
Cong., June 28, 1941).
United States, paid from funds appro-
Employment by the Office of Foreign
priated by the National War Agency
Appropriation Act, 1945 (Public Lan Agricultural Relations, paid from funds
372, 78th Cong., June 28, 1944).
appropriated for that office by the De-
Employment as examiners or trans- partment of Agriculture Appropriation
lators in the Office of Censorship, paid Act, 1945 (section 6, Public Law 367,
from funds appropriated by the Na- 78th Cong., June 28, 1941).
tional War Agency Appropriation Act, Temporary employment of translators
1945 (Public Law 372, 78th Cong., June by the Departinent of Agriculture where
28, 1944).
competent citizen translators are not
* Einployment by the Foreign Eco- available, paid from funds appropriated
nomic Administration, paid from funds by the Department of Agriculture Ap:
appropriated by the Foreign Economic propriation Act, 1945 (section 6, Public
Administration Appropriation Act, 1945 Law 367. 78th Cong., June 28, 19:14).
(Public Law 382, 78ti Cong., June 30, Employment in cases of emergency in
1944).*
the field service of the Department of
Employment by the Office of Price Ad Agriculture for periods of not more than
ministration, within a $55,000 limitation 60 days, paill from funds appropriated
(Public Law 375, 78th Cong., Jurre 28, by the Department of Agriculture Ap-
1944).
propriation Act, 1945 ( section 6, Public
* Employment by the War Production Law 367, 78th Cong., June 28, 1944).
Board, paid from funds appropriated hy Employment of Canadian citizens in
the National War Agency Appropria- the Bureau of Entomology and Plant
tion Act, 1945 (Public Law 372, 78th Quarantine in connection with the con-
Cong., June 28, 1944).
trol of incipient and emergency out-
Employment by the Smaller War breaks of insect pests and plant dis-
Plants Corporation, within the limits of eases (l'ublic Law 367, 78th Cong., June
a $10,000 appropriation (Public Law 372, 28, 1947).
78th ('ong., June 28, 1942).
Employment for carrying out the pro-
Employment by the War Relocation visions of the act of March 5, 1942 (56 -
Authority, paid from funds appropriated Stat. 126), as amended by the act of
by the National War Agency Appropria- October 20, 1942 (56 Stat. 796), which
tion Act, 1945 (Public Law 372, 78th provides for the planting of guayule and
Cong., June 28, 1944).
other rubber-bearing plants.
Employment of military and civiliani Employment by the Rural Electrifica-
personnel in and under the Military tion Administration of not to exceeel 20
Establishment (Public Law 374, 78th junior engineer trainees who are (iti-
Cong., June 28, 1944).
zens of other America l'epublic's (ser-
Employment of foreign counsel by the tion (i, Public Law 367, 78th ('ong., Juwe
Attorney General in special cases, with 1 28, 1994+).
( September 14, 1:44)
97.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
* Employment by the American Com- to perform such work are not available
mission for the Protection and Salvage (Public Law 358, 78th Cong., June 27,
of Artistic and Historic Monuments in 1944).
War Areas, paid from funds appropri- * Persons employed as special con-
ated by the Second Deficiency Appro- sultants to assist and advise in the op-
priation Act, 1944 (Public Law 375, erations of the Public Health Service
78th Cong., June 28, 1944).*
(section 208 of the act of July 1, 1944,
Temporary employment by the Fed- Public Law 410, 78th Cong.).
eral Communications Commission, with- Scientists appointed to fellowships,
in a * $40,000 * limitation, of language upon designation by the Surgeon Gen-
or other experts necessary for the per- eral, for duty with the Public Health
formance of its functions related to na- Service (section 208 of the act of July
tional defense, where citizens qualified l 1, 1944, Public Law 410, 78th Cong.).
(September 14, 1944)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT
98
as-
Employment in not to exceed 10 posi- tiny, or refusal of duty by any member
tions in the Library of Congress, pro- of the military or naval forces of the
vided that the Librarian shall not make United States; (2) distributing any
any appointment to any such position written or printed matter which ad-
until he has ascertained that he cannot vises, counsels, or urges insubordina-
secure for such appointment a person tion, disloyalty, mutiny, or refusal of
in any of the three categories specified duty by any member of the military
in section 205 of the Iudependent Of- or naval forces of the United States;
fices Appropriation Act, 1945 (see (3) advocating, abetting, advising, or
page 92), who possesses the special teaching the duty, necessity, desir-
qualifications for the particular posi- ability, or propriety of overthrowing or
tion and also otherwise meets the gen- destroying any government in the
eral requirements for employment in United States by force or violence, or
the Library of Congress (Legislative by the assassination of any officer of
and Judiciary Appropriation Act, 1945, such government; (4) printing, publish-
Public Law 354, 78th Cong., June 26, ing, editing, issuing, circulating, selling,
1944).
distributing, or publicly displaying any
Employment in the field service of written or printed matter advocating,
the Department of the Interior for advising, or teaching the duty, neces-
periods of not more than 30 days in sity, desirability, or propriety of over-
cases of emergency caused by fire, food, throwing or destroying any government
storm, act of God, or sabotage (section in the United States by force or vio-
4, Public Law 369, 78th Cong., June 28, lence; (5) organizing or helping to
1944).
organize any society, group, or
* Utilization of services or labor of sembly of persons who teach, advocate,
prisoners of war and enemy aliens who or encourage the overthrow or destruc-
are in the control of the Federal Gov- tion of any government in the United
ernment in connection with the con- States by force or violence, or being
struction, operation, and maintenance or becoming a member of, or affiliate
of Federal reclamation projects, water with, any such organization, knowing
conservation and utilization projects, the purposes thereof; (6) attempting
Indian irrigation projects, and related to commit, or conspiring to commit,
work, subject to the approval of, and any of these acts.
regulations by, the War Department or
Membership in subversive organiza-
other Federal agency having control of tions.--Section 9A of the Hatch Act
such persons (Public Law 369, 78th (see page 422) prohibits Federal em-
Cong., June 28, 1944).*
ployees from having membership in
any political party or organization
Freedom From Subversive Activities which advocates the overthrow of our
and Membership in Subversive constitutional form of government in
Organizations
the United States, requires the imme-
Subversive activities. The act of diate removal of any person violating
June 28, 1940 (54 Stat. 670; 18 U. S. C. after no part of the funds appropriated
this provision, and provides that there-
1940 ed. 2-13), prohibits the following by any act of Congress for the position
subversive activities and provides that
or office from which removed shall be
no person convicted of violation shall
used to pay his compensation.
be eligible for employment by the United
Annual appropriation acts contain a
States, or by any department or agency provision prohibiting the use of appro-
thereof (including any corporation the priated funds to pay the salary or
stock of which is wholly owned by the wages of any person who advocates, or
United States) for five years after who is a member of an organization
such conviction: (1) Advising, coun- that advocates, the overthrow of the
seling, urging, or in any manner caus- Government of the United States by
ing insubordination, disloyalty, mu- force or violence. For details on this
(September 14, 1944)
99
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
page 107.
sons
provision, and on the affidavit used to rary appointments under any authority
meet this requirement, see notes on may be made in proper cases without re-
gard to the provisions of section 9 of the
Advocating the overthrow of the Civil Service Act (Commission's ininute 6
Government of the United States by of December 26, 1941; departmentąl cir-
force or violence.-See notes on page cular No. 310, January 16, 1912). In the
107.
case of appointments under the war
service regulations, the words "tempo-
Members-of-Family Restriction
rary appointments". as used in the pre-
Statutory provision.--Section 9 of the ceding minute refer to appointments
Civil Service Act of January 16, 1883 which are for periods specifically limited
(22 Stat. 406; 5 U. S. C. 1940 ed. 641), to one year or less (departinental circu-
provides as follows: "That whenever lar No. 323, revised, March 30, 1942).
Where the Commission or its re-
there are already two or more mem-
bers of a family in the public service gional directors consider such action
necessary to meet the needs of the
in the grades. covered by this act, no
service because of shortages of qualified
other member of such family shall be
persons, congested housing conditions,
eligible to appointment to any of said
etc., they may, in their discretion,
grades."
authorize temporary appointments un-
*Preference eligibles. Under section der the war-service regulations of per-
6 of the Veterans' Preference Act of
whose indefinite appointments
1944 (see page 10.02), persons entitled could not be authorized because of sec-
to preference under that act are not tion 9 of the Civil Service Act, with the
subject to section 9 of the Civil Serv- understanding that such temporary
ice Act (departmental circular No. 493, appointments may be extended as long
July 3, 1944). For information as to
as the services of such persons are
the groups of persons who are entitled essential to the war program (Commis-
to preference under the Veterans' Pref- sion's minute 2 of July 10, 1942).
erence Act, see section 2 of the act
Applicability of members-of-family
(page 10); section 2 of war-service restriction. The family restriction does
regulation II (page 23); and notes on not apply to appointments to excepted
positions, including positions subject to
Responsibility of appointing officer.- Schedules A and B of the civil-service
It will be the appointing officer's re- rules (Commission's minute 2 of June
sponsibility to enforce the provisions 15, 1914; minute 2 of October 13, 1923).
of section 9 of the Civil Service Act. It applies to entrance appointments to
Information needed for making the de- all positions in the classified service
termination whether the appointee (18 Op. Atty. Gen. 83, December 9,
meets the members-of-family require- 1884), except appointments under sec-
ment will be obtaineil tlırough Standard tion 8 of civil-service rule II (Com-
Form 61 (see note, page 104). In mission's minute 2 of May 28, 1918)
doubtful cases the appointing officer and temporary appointments ** (de-
may consult the Commission, its regional partmental circular No. 323, revised,
director, or his representatives. Where March 30, 1942). It applies to reinstate-
an eligible is disqualified under section 9 | ments under civil-serrice rule IX, reap-
of the Civil Service Act, the report on pointments under war-service regulation
the certificate must so indicate, and the VIII, * and appointments from the war-
appointing officer must submit full in- reemployment list; as to reemployment
formation to support his finding · (de- after service in the armed forces, see
partmental circular No. 323, revised, note on "Preference eligibles”, above. *
March 30, 1942; departmental circular With respect to the application of the
No. +93, July 3, 1941).*
members-of-family requirement to classi-
Temporary appointment.–For the du- fication cases, see notes on pages 234 and
ration of the present emergency, tempo- | 332.
page 76.
!
(September 14, 1914)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT
100
son
or
The restriction applies to applicauts her a member of her brother-in-law's
who have two or more members of their family (37 Op. Atty. Gen. 304, 305,
family serving in the entire classified October 25, 1933). A stepchild, though
service, whether or not they are serving living in the stepfather's house, is not
in the department to which the appli- counted as a member of his family if
cant seeks to be appointed (18 Op. the stepfather does not contribute to-
, ).
determining whether the other mem- responsibility of a parent (Commis-
bers of the applicant's family employed sion's minute 7 of April 1, 1942).
by the Government are in the "classified The members-of-family provision ap-
service”, the status of the position, plies to any member of a family that,
rather than that of the employee, is con- while separated, intends to reassemble
trolling. When an excepted position is as a unit (Commission's minute 3 of
occupied by a person with a classified May 18, 1942). On the other hand, a
status, such employment is considered minor who leaves the family fireside
as outside the classified service and and becomes self-supporting and inde-
has no effect upon the appointment of pendent, with every evidence of so
a third member of the same family in continuing, ceases to be regarded as a
the classified service. On the other member of the parental household
hand, an employee who is the occupant within the meaning of that provision
of a classified position is regarded as (Commission's minute 3 of February 5,
in the “classified service" for purposes 1943). The marriage of a
of the members-of-family restriction daughter who had up to that time been
just as though the employee had a class-a meniber of the father's family
ified status (Commission's letter to re- changes the status of the father's
gional directors, December 6, 1937). household permanently. Should such a
Applicants who have two or more son or daughter return to live with the
miembers of their family in the classified father, it would not follow that he or
service are admitted to examinations, she would thereupon again become a
but are not certified until their ap-member of the father's family (Com-
pointment can be made without viola- mission's minute 1 of July 28, 1927).
tion of the requirements of section 9 of Proof of temporary residence with
the act (Commission's minute 4 of Feb-family.--The burden of proving that
ruary 7, 1939).
residence with other members of the
Definition of family.-The term "fam family is of a temporary nature rests
ily” as used in section 9 of the Civil upon the applicant (Commission's min-
Service Act refers to those who live un ute 5 of March 30, 1933).
der the same roof with the head of the Bona fides of separation from fam-
family and form his fireside. When ily.-A separation from the family
members of the family become heads of merely for the purpose of evading the
new establishments, they cease to be members-of-family provision of the law
part of the father's family (26 Op. Atty. is not a bona fide separation and the
Gen. 303, July 12, 1907). The term is family restriction applies to such a case
not suficiently broad to include the rela- (Commission's winute 8 of February
tionships of aunt, uncle, nephew, or 17, 1914; 31 Op. Atty. Gen. 324, July
niece, by marriage (Commission's min-20, 1918). Likewise, an appointment
ute '7 of May 22, 1929), or cousin which is made in violation of the
(Commission's minute 4 of December members-of-family law, two members of
21, 1928). Mere residence of a sister- the same family already being in the
in-law with her brother-in-law's family, classified service, is not validated by
with a financial contribution by the the removal of any one of the three
sister-in-law as payment for room and members involved from the family resi-
board, is not sufficient in itself to make dence for the purpose of evading this
101 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
provision (31 Op. Atty. Gen. 324, July | gation, as explained on page 103 ; Forms
20, 1918; Commission's minute 1 of 61 and 2413 should be retained in the
August 22, 1941).
employing agency. (As to disposition
Employees on military furlough.--A of Form 2413 where objections are made
person who enters the active military to eligibles on grounds of physical un-
or naval service of the United States, fitness, see page 86).
after May 1, 1940, will not be regarded As to the obtaining and disposition
as the incumbent of a position in the of forms where appointees are secured
classified civil service, within the mean through direct recruitment, see page
ing of section 9 of the Civil Service Act, | 48.01.
during his term of military service, re- No person should be placed on duty
gardless of whether he is actually sep- if the papers named above, or others
arated from his civilian position or is discussed elsewhere in this annotation,
carried on furlough or leave without indicate that he does not meet the re-
pay. In conformity with the Attorney quirements (departmental circular No.
General's opinion of April 11, 1919 (31 | 162, April 19, 1938; departmental cir-
Op. Atty. Gen. 449), section 9 of the cular No. 323, revised, March 30, 1942).
Civil Service Act will not be construed Photographs should not be required
to defeat the right of any person to in connection with any form submit-
mandatory reinstatement to the classi- ted to the Commission. The Commis-
fied service under any applicable law, sion urges all departments and agencies
Executive order, or civil-service rule to discontinue the practice of requir-
requiring reinstatement after discharge ing photographs in connection with
from the military or naval service forms used within the agency (depart-
(Commission's minute 6 of December 26, mental circular No. 449, November 10,
1941; departmental circular No. 310, 1943).*
January 16, 1942). See also note on Offers of appointment.-Section 1 of
"Preference eligibles”, page 99.
war-service regulation V provides :
Correction of erroneous certification "An eligible selected for appointment
involving disregard of the members-of- shall be duly notified in writing by the
family restriction.-See notes on page appointing officer."
87.
Ordinarily, inquiries of availability
FORMS REQUIRED IN CONNECTION WITH are sent by the appointing officer to all
ORIGINAL APPOINTMENTS
eligibles being considered for appoint-
* Civil Service Commission Form not sent until a final selection has been
ment, and the offer of appointment is
2390 (fingerprint chart), Civil Service
Commission Form 2413 (medical certif-made. The procedure in sending such
cate), and Standard Form 61 (oath of inquiries is set forth on page 84.
office, personnel affidavit, and declara- However, when tentative selections can
tion of appointee) must be secured in be made promptly upon receipt of the
connection with indefinite appointments list of eligibles from the Commission,
under the war-service regulations. The the eligible who is selected may be sent
latter two forms need not be secured in an immediate offer of appointment
in connection with temporary appoint- without a preliminary inquiry concern-
ments (appointments whose duration is ing his availability (departmental cir-
specifically limited to one year or less), cular No. 273, July 21, 1941).
and Form 2390 need be secured in such Where special physical requirements
cases only if the temporary appoint- have been established for a position,
ment exceeds or is extended beyond six offers of appointment or notices to re
months. Certain other forms, discussed port for work will specify these require.
elsewhere in this section, may be re- mnents and will advise the prospective
quired in certain cases.
appointee not to report unless he meets
Form 2390 should be transmitted di- such requirements (departmental cir-
rect to the Federal Bureau of Investi- i cular No. 323, revised, March 30, 1942).
( September 14, 1944)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT
102
The appointing officer should sign | porary employees from the requirements
the offer of appointnient clearly and of this order."
give for identification his official title * A fingerprint chart (Civil Service
and the name of the bureau and de Commission Form 2390) will be taken
partment with which connected, in by the appointing agency for all persons
order that the eligible may not direct entering the Federal service by original
his reply to the Commission. The ad- appointment, reappointment, reinstate-
dresses of eligibles given on certificates ment, appointment from the war re-
should be used in all instances, regard- employment list, appointment under
less of the addresses which may appear Schedule B of the civil-service rules, or
on the examination papers (depart-temporary appointment (provided such
mental circular No. 41, February 25, temporary appointment exceeds or is
1928; departmental circular No. 237, extended beyond six months). Finger-
October 18, 1940).
print charts must also be taken in con-
Fingerprint charts.—Executive Order nection with classifications under sec-
No. 8781, June 12, 1941, as amended by tion 6 of civil-service rule II, Executive
Executive Order No. 8914, October 1, order, or other authority, unless the em-
1941, provides as follows:
ployee has been previously fingerprint-
“SECTION 1. All employees in the ex ed. The Commission has determined
ecutive civil service of the Government that fingerprints need not be taken in
whose fingerprints are not now on file the following types of actions:
in the Federal Bureau of Investigation, (1) Appointment by transfer;
Department of Justice, or in the agency (2) Temporary appointments not to
in which they are employed, are hereby exceed six months (a lesser period may
required to be fingerprinted in accord be established at the discretion of the
ance with the procedure established by agency);
the head of the department or agency (3) Reappointment or appointment
in which they are employed.
from the war-reemployment list within
"SECTION 2. Before any original ap 30 days after last prior appointment,
pointment or reinstatement is made to provided that the employee was previ-
a position in the executive civil service ously fingerprinted;
of the Government, the person concerned (4) Return to duty after military
shall be fingerprinted in accordance with furlough or after separation to enter
the procedure established by the Civil the military service;
Service Commission or by the head of (5) Conversion from an excepted po-
the partment or agency in which the sition to a classified position, provided
appointment or reinstatement is to be the employee was previously finger-
made.
printed;
"SECTION 3. All fingerprints of em- (6) Conversion from a temporary ap-
ployees not now on file in the Federal pointment to an indefinite appointment
Bureau of Investigation, and all finger- within the same establishment, if it is
prints required to be taken by section 2 known that the employee was finger-
hereof, shall be transmitted to the Fed printed upon his entry into the service
eral Bureau of Investigation by the head (departmental circular No. 73, April 29,
of the department or agency concerned 1931; departmental circular No. 270,
for checking and report as to criminal July 5, 1941; departmental circular No.
records, and for permanent classification 306, January 5, 1942; departmental cir-
and filing.
cular No. 323, revised, supplement 3,
“SECTION 4. The Civil Service Com- revision 3, May 14, 1943; departmental
mission is authorized, in its discretion, circular No. 495, July 21, 1944; action
to exempt any group or groups of tem- of Commission, March 29, 1941).
(September 14, 1914)
103 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
.)
.
At the time of entrance on duty, one Investigations Division of the Civil Serv-
fingerprint chart for each employee will ice Commission of the discontinuance of
be forwarded by the appointing agencies offices which have been taking finger-
without delay direct to the Identifica- prints for it or the creation of new
tion Division, Federal Bureau of In-offices (departmental circular No. 495,
vestigation, Washington 2:7, D. C. Each July 21, 1944.).
chart will bear a code number showing The Commission may require finger-
the civil-service region, appointing prints to be taken of any person under
agency, and specific location of the office investigation, without regard to the
taking the fingerprint, as provided in foregoing requirements.*
departmental circular No. 495, July 21, Statement of reasons for passing over
1944. A transmittal letter is not re- veteran.-*See notes on page 86.*
quired. Such charts will not be di- Medical certificates.-Civil Service
rected to or through any office of the Commission Form 2413 (medical certifi-
Civil Service Commission. Notation cate) must be executed in connection
will be made on the official agency with original appointments to indefinite
copy of the report of personnel action positions under the war-service regu-
(see page 203), showing the clate the lations. Wherever practicable, this
fingerprint chart was forwarded to the form should be secured and passed
Federal Buueau of Investigation.
upon before the person selected is
Fingerprint charts which cannot be placed in a duty status or required to
processed or classified by the Federal Bu- undergo travel to the place of employ-
reau of Investigation will be returned ment. This certificate may be executed
by that Bureau to the central office of by any doctor of medicine licensed to
the appointing agency. The central practice under the laws of the several
office of the appointing agency will be States, the District of Columbia, and
responsible for obtaining a proper print the Territories and possessions of the
and returning it direct to the Federal United States. Medical certificates so
Bureau of Investigation. No further executed are acceptable not only in con-
action need be taken on requests for re- nection with original appointments, but
printing for persons wbo are no longer in * also in connection with appointments
the Federal service. However, requests from the war-reemployment list,* and in
for reprinting for persons who have en-noncompetitive cases, such as
as reap
tered the armed forces or merchant ma pointments, transfers, classifications, or
rine shall be placed in the employee's changes in status (departmental circular
personnel folder and held until he is re- No. 144, September 12, 1936; Commis-
employed, at which time reprints will be sion's minute 2 of March 24, 1941; de-
made and returned to the Federal Bu-partmental circular No. 240, supplement
reau of Investigation in the prescribed 3, April 18, 1941).
manner (departmental circular No. 495, *
July 21, 1944).
*As to the appointing officer's respon-
Each department or agency will be re- sibility for passing on inedical certifi-
sponsible for notifying the Chief of the Icates, see page 89.*
!
(September 14, 1914)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT
104
The medical certificate shoull be re- , provided for by statute or in an appro-
tained by the temploying agency* ex- priation act. For an exception to this
(ept in cases where an eligible from rule in the case of former employees
whom a medical certificate has been se- who apply for restoration to their po-
cured is not appointed. In cases of the sitions under section 8 (b) of the Selec-
latter type, it should be forwarded to tive Training and Service Act, see page
the Commission or its regional office 18 (22 Comp. Gen. 243, September 18,
with the report on the certificate in 1942; 23 Comp. Gen. 746, April 4, 1941).
order that it may be attachell to the The following limitation upon the
examination papers for referral to other use of Veterans' Administration funds
appointing officers (departmental cir- for such examinations is contained in
cular No. 320, February 18, 1942; de- the Independent Offices Appropriation
partmental circular No. 323, revised, Act, 1945 (Public Law 338, 78th Cong.,
March 30, 1942). (As to cases where an June 27, 1944), under the heading
agency submits objections to an eligible "Veterans' Administration":
on grounds of his physical unitness, see “No part of this appropriation shall
page 86.)
be available for hospitalization or ex-
*While the Commission requires that amination of any persons except bene-
the medical certificate be preserved, it ficiaries entitled under the laws bestow-
has imposed no requirement as to the ing such benefits to veterans, unless re-
part of the office in which the certificate imbursement of cost is made to the
shall be retained. It recommends that, appropriation at such rates as may be
in departments and establishments fixed by the Administrator of Veterans'
which have medical officers engaged in Affairs."
rendering health services to employees, Under the terms of section 324 of the
the actual records of physical examira- Public Health Service Act (Public Law
tions be held confidential by the medical 410, 78th Cong., July 1, 1944), the Sur-
unit of the department or establishment. geon General may provide for making
This recommendation is made with the medical examinations of "employees in
understanding that, although recom- the Federal classified service, and ap-
mendations to appointing officers need plicants for appointment, as requested
not embody (letailed medical informa- by the Civil Service Commission for
tion, medical officers are obligated to the purpose of promoting health and
make suitable recommendation concern- efficiency.".
ing physical fitness of appointees for job Executive Order No. 4071 of Septem-
assignments, including any statement ber 4, 1921, may be invoked where stat-
which may be necessary regarding utory authority exists for charging the
physical limitations as to reassignment. cost of physical examinations to the
Such a recommendation signed by the Government. This order reads as fol-
medical officer should be sufficient for lows:
the employee's personnel file (depart- "With the view of promoting health
mental (ircular No. 185, June 26, 1944). and efficiency and of minimizing acci-
(With respect to determination of physi- dents among Federal employees, the
cal limitations as to reassignment, see heads of the several executive depart-
page 91.)
ments and independent establishments
Cost liability for medical certificates.- having a medical personnel are directed
The cost of medical examinations to to make such physical examinations of
determine physical eligibility or fitness applicants for and employees in the
for appointment to civilian Federal po- Federal classified service as may be re-
sitions is considered a personal expense quested by the Civil Service Commission
of the applicants for positions and is not or its authorized representatives."
chargeable to the Governmenit unless As stated in the note on “Medical cer-
1
(September 14, 1941)
104.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
*
tificates”, page 103, it is not necessary, | the date of transfer, as ascertained from
for most purposes, that Civil Service the agency in which the transferee was
Commission Form 2413 be executed by last employed.
a designated Tederal medical officer. The X-ray examination will be per-
Where appointees are required to be ex- formed by the U. S. Public Health Serv-
amined by Federal medical officers, they | ice, Washington, D. C., except for those
will, so far as practicable, be examined agencies which have a medical service
at their own expense by Federal part- equipped to make roentgenograms,
time or designated fee-basis medical The offer of appointment should con-
officers rather than by Federal full-time tain a statement to the prospective ap-
medical afficers. With certain excep- pointee that a chest X-ray will be made
tions, which are listed in departmental in Washington at the time of appoint-
circular No. 240, supplement 2, Decem- ment, without cost to the appointee. In
ber 13, 1940, the only authorized repre- cases where the recruit has any doubt
sentatives of the Conrmission in request- | as to his lung condition, he may wish
ing physical examinations under the to secure an X-ray by a private physi-
terms of the Executive order of Septem- cian or a local health clinic or local
ber 4, 1924, are the central and regional tuberculosis association having such fa-
offices of the Commission and the local cilities. This examination will not,
rating boards (Commission's minute 3 however, take the place of the pre-
of October 19, 1940; departmental cir- scribed examination
examination at the Public
cular No. 240, October 24, 1940; supple- Health Dispensary. The cost of the re-
ment 1 thereto, November 2, 1940; sup- cruit's return home, if he proves to be
plement 2 thereto, December 13, 1940). physically disqualified for appointment,
X-ray examination.---The general pro- cannot be borne by the Government.
cedure followed in cases where a history The cost of any such X-ray examina-
or other evidence of tuberculosis is dis- tion in the field must be borne by the
closed prior to appointment is set forth appointee, as the U. S. Public Health
on page 91. It will be noted that such Service does not have facilities avail-
persons may not be appointed in any able in the field to perform these ex-
part of the service until they meet the aminations.
requirements set forth in that note. The appointee should be placed on
The following additional procedures are duty before the Public Health Service is
required for positions in the depart- requested to perform the X-ray exam-
mental service at Washington, D. C., ination. The latter should be requested
whether or not evidence of tuberculosis immediately after appointment wher-
has been disclosed previously :
ever possible; in any event, it should
An X-ray of the chest will be required be requested not later than five days
in connection with all appointments to after entry on duty. Civil Service Com-
positions in the departmental service in mission Form 2413a, which may be
the Washington, D. C., metropolitan requisitioned from the Government
area which are made by original ap- Printing Office by the office authorized
pointment, by reinstatement, by re- to procure printing for the central of-
appointment, or by transfer from a field-fice of the department or agency, should
service position. On inter-agency be used in requesting these reports.
transfer within the metropolitan area Details as to the manner of filling out
of Washington the receiving agency and forwarding these reports are set
shall require an X-ray examination forth in departmental circular No. 479
unless the transferee has had such ex- of April 18, 1944. To avoid overloading
amination within six months prior to the Public Health Service, appointment
>
.
1
(September 14, 1944)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT 104.02
*
should be made in advance with that | rious provisions of law such as section
Service.
9 of the Civil Service Act. It should
The authority to request examina- be procured from the Government Print-
tions from the Public Health Service ing Office rather than the Commission.
set forth in this note applies only to the This form is executed by appointees
X-ray examination, and does not ex- of all departments and agencies using
tend the authority of appointing officers the standard oath of office and personnel
to represent the Civil Service Commis- affidavit. (With the approval of the
sion in requesting complete physical ex- Commission, agencies using a special
aminations on Civil Service Commis- oath or affidavit prescribed by law may
sion Form 2413 by Federal full-time use a variant of the standard form.)
medical officers. As to the agencies The appointee will execute this form
which have authority to request such even though one or more of the items
complete physical examinations, and the may not be required by law or regula-
extent of their authority, see depart-tion. When items are not used they
mental circular No. 240, supplement 2, may be stricken out. However, those
December 13, 1940.
items on the form which are not re-
The Public Health Service will report quired by law or regulation may be
on all negative cases to the personnel executed at the discretion of the de-
office of the appointing agency. Cases partment. Since the oath of office, affi-
with a positive finding will be reported davit, and declaration of appointee may
to the medical officer of the appointing each be administered legally by various
agency and to the Medical Division of officers, care should be taken to insure
the Civil Service Commission. Agen- that the administering officer is fully
cies which do not have a medical officer authorized to execute the appropriate
will be contacted in individual cases by items for the particular appointment. As
the Medical Division of the U. S. Civil to authority to administer oaths, see
Service Commission.
page 108.
Cases in which positive findings are
Execution of the declaration-of-
disclosed by the X-ray examination will appointee portion of Standard Form 61
be handled on an individual basis. will be required in connection with all
Where separation is required, the person original appointments to positions sub-
separated may be reconsidered for em- ject to the war-service regulations (ex-
ployment at such time as he can meet cept that it will not be required in
the Commission's classification of ar- connection with appointments expressly
rested tuberculosis (departmental cir- limited to a duration of one year or
cular No. 479, April 18, 1944; action of less) *and in connection with appoint-
Commission, May 11, 1944). (For the ments from the war reemployment list.*
classification of arrested tuberculosis, Where the regular civil-service applica-
see page 90).*
tion (see page 51) is available for ex-
Declaration of appointee (Standard amination at the time of appointment,
Form 61).-Standard Form 61 is a com- appointees may complete their declara-
bination of the oath of office required tion by certifying on Standard Form 61
by section 1757 of the Revised Statutes to the truth, correctness, and currency
(see page 105), of the affidavit as to of their answers on the application
nonadvocation of subversive activities form, without answering the detailed
required by various appropriation acts questions on the reverse.
(see page 107), and of the declaration Standard Form 61 will be retained
of appointee (formerly Civil Service by the appointing officer. ** It will
Commission Form 124) which is used in be his responsibility to enforce the pro-
connection with the enforcement of va- visions of section 9 of the Civil Service
609577 0-44--2
(September 14, 1944)
104.03 CIVIL SERVICE ACT, RULES, AND REGULATIONS, AN-NOTATED
Act, relating to the employment of more paring the signature of the appointee
than two members of the same fanily on Standard Form 61 with the signa-
in the classified service. It will also ture of the applicant. on the original
be his responsibility to enforce various application form (departmental circu-
provisions of law or regulation relating lar ·No. 323, revised, March 30, 1942;
tö such matters as holding of office, departmental circular No. 409, February
pensions, àge, citizenship, etc. If any 17, 19-13).
doubt exists as to the appointee's eligi- Submission of personal history state-
bility for appointinent, the appointing ment to Commission.-Appointees en-
oflicer should consult the Commission-ortering on duty on or after January 1,
its regional director or representative 1943, are not to be required to execute:
immediately.
Civil Service Commission Form 3464a,
The appointing officer should guard Standard Form 57, or other personal-
against impersonation by carefully com- history statement for submission to the
i
(September 11, 1941)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT
107
1
section 205 of the Independent Offices | advocates, or who is a member of an
Appropriation Act, 1944 (see page 92), organization that advocates, the over-
and need not request appointees wlio throw of the Government of the United
make such affidavit to procure addi- States by force or violence: Provided,
tional information such as certificates That for the purposes hereof an affi-
of birth or reports of census records davit shall be considered prima facie
(departmental circular No. 436, Octo- evidence that the person making the
ber 8, 1943).
affidavit does not advocate, and is not
Affidavit as to nonadvocation of sub-
a member of an organization that ad-
versive activities.—The following pro-
vocates, the overthrow of the Govern-
vision appears in substantially identical
ment of the United States by force or
language in the National War Agency
violence: Provided further, That any
Appropriation Act, 1945 (section 2016,
I’ublic Law 372, 78th Cong., June 28, person who advocates, or who is a mem-
1944);
in the Departments of State, ber of an organization that advocates,
Justice, and commerce Appropriation the overthrow of the Government of the
Act, 1945) (section 401, Public Law 36:7, United States by force or violence and
78th Cong., June 28, 1944); in the accepts employment the salary or wages
Treasury and Post Office Departments for which are paid from'any appropria-
Appropriation Act, 1945 (section 301, tion contained in this act shall be guilty
Public Law 293, 78th Cong., April 22, of a felony and, upon conviction, shall
1947); in the Military Appropriation be fined not more than $1,000 or impris-
Act, 1945 (section 11, Public Law 374, oned for not more than one year, or
T8th ('ong., June 28, 1944); in the War both: Provided further, That the above
Department ('iril Appropriation Act, penalty clause shall be in addition to,
1945 (section 3, Public Law 352, 78th and not in substitution for, any other
Cong., June 26, 1947); in the Nurul Ap- provisions of existing law.”
propriation Act, 1945 (section 111, Pub- Persons employed for less than 60
lic Law 3-47, 78th ('ong., June 22, 1944); days by the Department of Agriculture
in the Interior Department Appropria- for sudden emergency work involving
tion Act, 1945 (section 7, Public Law the loss of human life or destruction of
309, 78th Cong., June 28, 194+); in the property, or for not more than 30 days
Department of Agriculture Appropria- by the Department of the Interior in
tion Act, 1945 (section. 7, Public Law cases of emergency caused by fire, flood,
367, 78th Cong., June 28, 1944); in the storm, act of God, or sabotage, are ex-
Labor-Federal Security Appropriation cepted from the affidavit requirement by
Act, 1945) (section 802, Public Law 373, the appropriation acts for these depart-
78th Cong., June 28, 1944); in the Lude-ments *(Public Law 367, 78th Cong.,
dependent Offices Appropriation Act, June 28, 1944, and Public Liw 369, 78th
1945 ( section 103, Public Law 358, 78th | bóng, June 28, 1944)*
('ong., June 27, 1944); in the Legislative Standard Form 61 will be used to
and Judiciary Appropriation Act, 1945 obtain the affidavits 'required by the
(section 301, Public Law 354, 78th appropriation acts cited above (dlepart-
('ong., June 26, 1944); in the District mental circular No. 409, February 17,
of Columbia Appropriation Act, 1945 1943). For details concerning this
( section 10, l'ublic Law 371, 78th ('ong., form, see note on "Declaration of ap-
June 28, 1944); and in various supple- pointee”, page 104.2. For information as
mental, special, and deficiency appro- to persons authorized to administer the
priation acts :*
affidavit, see paige 108.
“No part of any appropriation con- Affidavit as to purchase and sale of
tained in this act shall be used to pay office.--The act of December 11, 1926 (44
the salary or wages of any person who Stat. 918; 5 U. S. C. 1940 ed. 21a, 21b),
(September 14, 1944)
108 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
as amended by the act of March 2, * 23 Comp. Gen. 391, November 26,
1927 (44 Stat. 1346), provides as fol- 1943).*
lows:
*In cases where promotion is required
“That each individual hereafter ap- to be made by the President by and
pointed as a civil officer of the United with the advice and consent of the Sen-
States by the President, by and with ate, the affidavit is required upon pro-
the advice and consent of the Senate, motion just as upon appointment. If
or by the President alone, or by a court
an officer thus promoted dies before ex-
of law, or by the head of a depart- ecuting the affidavit, payment to the
ment, shall, within 30 days after the
officer's estate of the salary of the
effective date of his appointment, file
with the Comptroller General of the higher grade is prohibited, and if he
United States an affidavit stating that vacated his original office in connec-
tion with such intended promotion, pay-
neither he nor anyone acting in his
behalf has given, transferred, promised, ment to his estate of salary in the lower
or paid any consideration for or in the grade is unauthorized for any period
expectation or hope of receiving assist- beyond the effective date of the vaca-
ance in securing such appointment.
tion of that position (23 Comp. Gen. 391,
"No salary shall be paid to any indi- November 26, 1943 ; 23 Comp. Gen. 615,
vidual required under section 1 to file February 21, 1944).*
an affidavit until such affidavit has Authority to administer oaths in con-
been filed.”
nection with employment.--Section 206
The provisions of this act apply to of the act of June 26, 1943 (57 Stat.
all appointments by the President by 196), provides as follows:
and with the advice and consent of "Hereafter any officer or employee of
the Senate, by the President alone, by any of the executive departments or
a court of law, or by the head of any independent establishments, including
of the 10 executive departments, but any agency the majority of the stock
the term "officer,” as used therein, em- of which is owned by the Government
braces only officers in the strict or con- of the United States, designated in writ-
stitutional sense, that is to say, persons ing by the head thereof for such pur-
appointed in the manner provided un- pose, is hereby authorized to administer
der the Constitution and invested by the oath required by section 1757, Re-
law with authority to exercise a func-vised Statutes, as amended (5 U. S. C.
tion of government in their own right 16), incident to entrance into the execu-
and on their own responsibility, as dis- tive branch of the Federal Government,
tinguished from persons employed or or any other oath required by law in
appointed to aid or assist in the per- connection with employment therein,
formance of the duties of an office the such oath to be administered without
title to which is vested in another. All charge or fee and to have the same force
postmasters of whatever class are offi- and effect as oaths administered by
cers within the meaning of the act. officers having seals."
The affidavit required to be furnished Employees designated under this au-
by this act * must be executed by the thority may execute oaths to appli-
individual himself and no one else can cation forms of Federal employees filed
do it on his behalf. It may be accom- with the several agencies for transfer
plished before the officer administering purposes, or to application forms of Fed-
the oath of office or before any officer eral employees or applicants which are
legally authorized to administer an oath to be forwarded to the Civil Service
(6 Comp. Gen. 890, December 27, 1926; | Commission.
t
(September 14, 1944)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT 108.01
In order to provide a uniform method | cution of jurats in application forms,
of identifying persons so authorized to but does not cover authority to execute
administer oaths in connection with the officer's certificate of residence (see
civil-service matters it is requested that page 253), and that the authority ex-
the following procedure be observed : pires at the termination of the em-
(1) The written authority provided ployee's service in the agency, unless
each person so designated should con- sooner terminated by administrative
tain the information that the per- action. An official copy of the au-
son authorized has authority to ad- thority should be maintained in the
minister oaths to witnesses in any department or agency files.
matter pending before the United (2) Each person so designated should
States Civil Service Commission, and be instructed to add to his signature
that the authority also covers the exe- to an oath, his pay roll title, and de-
(September 14, 1944)
109 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
partment or agency, and the notation | trict where such oath may be ad-
"Act of June 26, 1943, Sec. 206."
ministered" (5 U. S. C. 1940 ed. 18;
(3) A register of the persons desig- section 1758 of the Revised Statutes).
nated to administer (alths should be "The chief clerks of the several ex-
maintained by each department or ecutive departinents and of the various
agency, either in the central-office or bureaus and offices thereof in Wash-
field establishments, to be made availington, District of Columbia, are au-
able for inspection by the Commission thorized and directed, on application
upon request. The register m con- and without compensation therefor, to
sist of the official copies of authorities administer oaths of office to employees
issued, or may be maintained sep required to be taken on their appoint-
arately in card form. The record for ment or promotion" (26 Stat. 371, ,
each designated employee should show August 29, 1890; 5 U. S. C. 1940 ed.
his name, pay roll title, effective date 19). This act refers only to the 10
of authority, and date of expiration of executive departments (see 20 Comp.
authority (departmental circular No. Gen. 617, April. 10, 1941).
444, November 5, 1943).
'“No officer, clerk, or employee of any
Section 303 of the Second Deficiency executive department who is also a
Appropriation Act, 1941 (55 Stat. 576, notary public or other officer authorized
July 3, 1941), contains the following to administer oaths, shall charge or
provision with respect to authority to receive any fee or compensation for
administer oaths to the affidavits, re-administering vaths of office to em-
quired by annual appropriation acts ployees of such department required to
(see page 107), as to nonadrocation of, be taken on appointment or promotion
and nonmembership in organizations therein” (26 Stat. 371, August 29, 1890;
that advocate, the overthrow of the 5 U. S. C. 1940 ed. 20).
Government of the United States by As to authority to administer oaths
force or violence:
to civil-service applications, see notes
“Such administrative or supervisory on page 51.
employees of the various executive de- Where a person required to take the
partments and other governmental oath of office under section 1757 of the
agencies as may be designated for the Revised Statutes is not in a position to
purpose by the heads of the various execute it before any of the officers
executive departments and other gov. specifically named in the statutes au-
ernmental agencies are hereby author- thorizing the administration of such
ized to administer the oathis to persons nath, the required oath may be taken
making affidavits referred to in this before any officer authorized to admin-
section, and similar sections in other ister oaths generally at the place where
appropriation acts, and they shall the oath is taken (11 Comp. Gen. 327,
charge no fee for so doing :
February 26, 1932). In this connection
There are several special statutes as attention may be called to the fact that
to authority to execute the oath of office it has been held (24 Dec. Comp. Treas.
required by section 1757 of the Revised 547, March 26, 1918; + Comp. Gen. 845,
Statutes (5 U. S. C. 1940 ed. 16). They April 11, 1925; see also Uni ed States v.
are as follows:
Eaton, 169 U. S. 331) that while the oath
"The oath of office required by sec- must be taken before the officer or em-
tion 16 of this title may be taken be- ployee is entitled to payment, when the
fore any officer who is authorized either oath is taken the right to compensation
by the laws of the United States or by may relate back to the date of the ac-
the local municipal law, to administer ceptance of the appointment in the ab-
oaths, in the State, Territory, or Dis-sence of any restriction in the appoint-
NOTES ONPLACEMENT AND ORIGINAL APPOINTMENT
110)
ment itself stipulating the taking of *Unless otherwise indicated, the ware
the oath of office as a condition prece-service regulations are generally appli-
dent to make the appointment effective cable to temporary appointments. When
False statement of officer concerning it is practicable to do so, certification
oath taken before him.--The act of shall be made for filling temporary po-
March 4, 1909 (35 Stat. 1094; 18 U. S. sitions. When certification is made, the
C. 1940 ed. 75), provides as follows: certification and appointment provisions
"Whoever, being an officer author- of the regulations are applicable to tem-
ized to administer oaths or to take and porary is well as indefinite appoint-
certify acknowledgments, shall know- ments. When certification is not prac-
ingly make any false acknowle«igment, ticable and authority is delegated to ap-
certificate, or statement concerning the pointing officers to make temporary ap-
appearance before him or the taking of pointments outside the eligible list, the
an oath or affirmation by any person appointing officers must give first con-
with respect to any proposal, contract, sideration in making such appointments
bond, undertaking, or other matter, sub- to those persons entitled to preference
mitted to, made with, or taken on be- under the war-service regulations (de-
half of, the United States, and concern-partmental circular No. 403, July 3.
ing which an oath or affirmation is le 1944; action of Commission, July 26,
quired by law or regulation made in pur-1941).*
suance of law
shall be fined Only eligibles who are immediately
not more than $2,000, or imprisoned not available for temporary appointment
more than 2 years, or both."
will be certified for temporary job vel-
cancies in the departmental service in
TEMPORARY APPOINTMENT
Washington, D. C. (Commission's min-
Definition of term "temporary ap- ute of May 20, 1940).
pointment”.-Within the meaning of the Apportionment. The apportionment
war-service regulations, il "temporary requirement does not apply to appoint-
appointment" is an appointment for a ments which are specifically limited to
period specifically limited to one year a duration of one year or less (action
or less (departmental circular No. 323, of Commission, April 22, 1942).
revised, March 30, 1912).
Reemployment list.- -Temporary ap-
Short-term appointments. See sec-pointments in the field service not to
tion 4 of war-service regulation V, page exceed 30 days may, if necessary in
28.01.
emergencies, be made without regardi
Period of eligibility for temporary to the reemployment list (Commission's
appointment.—The period of eligibility minute ñ of October 8, 1932).
for temporary service will be limited to Members of family. The members-of-
that for permanent service (Commis- family requirement of the ('ivil Service
sion's minute 2 of March 8, 1932).
Art (sep page :9) does not apply to
Certification for temporary appoint- appointments under the war'-service
ment.—. The method of requisitioning per- | regulations for
periods specifically
sonnel from the Commission is set forth limited to one year or less (depart-
on page 70. In subinitting requests for mental circular No. 323, revised, March
personnel to fill temporary vacancies, or 30, 1942).
in requesting the approval of temporary *Forms required for temporary ap-
appointments under the war-service pointment.-A fingerprint chart (Civil
regulations, appointing officers should Service Commission Form 2390) must be
definitely state that the position is for securell, and submitted to the Federal
temporary appointment of one year or Bureau of Investigation is provided on
less luration (departmental circular No. page 102, in connection with tempo-
323, revised, March 30, 1912).
laury appointments which exceerd om alles
(September 14, 1944)
110.01 CIVIL SERVICE ,
ACT, RULES, AND REGULATIONS, ANNOTATED
extended beyond six months; an agency of appointee is required , for appoint-
may, in its discretion, require finger- ments under the war-service regulations
print charts even where appointments for periods of one year or less (depart-
are made for a shorter period.
mental circular No. 323, revised, March
As to the submission of i statement 30, 1942; departmental circular No. 495,
of reasons in cases where a person en- | July 21, 1944).
titled to veteran preference is passed With respect to the securing of re-
over and a person not entitled to such leases from former employments, see
preference is tentatively selected, see pages 81 and 82.
Report on certificate. See notes on
No medical certificate or dectaration | page 114.
Page 86.*
September 14, 1914)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT
111
1
Report of effective date of entry on With respect to extension of tempo-
duty.—Report of effective date of entry rary appointments made because of the
on duty of temporary employees se- appointee's inability to meet the men-
lected from certificates issued by or bers-of-family requirement, see notes on
through the regional director's office page 99.
should be made promptly upon the Temporary employees (including
assignment to duty of the employee short-term employees) given indefinite
(departuental circular No. 92, supple- war-service appointments in the same
mental, August 9, 1932).
agency may have the beginning of their
Reports of changes for temporary em- trial period considered effective as of
ployees. See notes, page 204.
the date of their original entrance on
Trial period.—The trial period pre- (uty in the temporary position (depart-
scribed by section 3 of war-service regu- mental circular No. 323, revised, March
lation V does not apply to temporary 30, 1942).
appointees.
The Commission is of the opinion that
Changes in duties of temporary ap- annual leave earned by temporary em-
pointees.--No change may be made in ployees should be taken within the pe-
the duties of a temporary appointeeriod of temporary employment author-
without the prior consent of the Com- ized by the Commission. If, however,
mission (Commission's minute 1 of the exigencies of the service are such
November 12, 1928).
that the leave earned by the temporary
Promotions of temporary employees.- employee cannot be granted prior to the
As to promotions of temporary employees expiration of the period of employment
to other positions in which they will authorized by the Commission, no ob-
serve under temporary appointment, see ſection will be made by the Commission
page 157; as to their promotion to posi- to the retention of the temporary em-
tions in which they will serve under in-ployee for the additional period neces-
definite appointment, see page 154. sary to cover his earned leave. In such
Extensions of temporary appoint cases it will not be necessary for a de-
ments and conversions of temporary to partment to make formal request for
indefinite appointments.-The prior ap- the extension, but the reasons for re-
proval-of the Commission or its l'etaining the temporary employee beyond
gional director must be secured for the the period formerly authorized by the
conversion of a temporary to an in- Commission should be reported with the
definite appointment (except as set date of separation (Commission's min-
forth in the note on "Persons tem- ute 3 of September 19, 1936).
porarily appointed prior to March 16, Removal of temporary appointees.-
1942” on page 213), and for the exten- The procedure in removal prescribed by
sion of a temporary appointment (in- section 1 of civil-service rule XII and
cluding short-term appointments) ex- section 6 of the act of August 24, 1912
cept to the extent permitted by special (37 Stat. 555; 5 U. S. C. 1940 ed. 652),
agreements between the Commission does not apply to temporary appointees
and the agency concerned or by de- (Commission's minute 3 of March 28,
partmental regulations approved by the 1913; departmental circular No. 323, re-
Commission. Agencies whose depart-vised, March 30, 1942).
mental headquarters have been moved * Section 14 of the Veterans' Pref-
outside the metropolitan area of Wash-lerance Act of 1944 (page 10.04) and
ington, D. C., will direct all requests section 2 of war-service regulation VII
for such approval to the appropriate (page 30.01), relating to removal and
civil-service regional director (section other forms of separation, do not apply
4 of war-service regulation V; depart-to temporary appointees. *
mental circular No. 348, August 26, Report of separation of temporary em-
1942; action of Commission, April 3. ployee.-Report of the separation of
1942). The procedure in making such temporary employees selected from reg-
conversions is set forth on page 154. isters issued by or through the Commis-
1
( September 14, 1914)
112 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
sion's regional offices should be made in a person to serve with a Congressional
duplicate to the regional director not committee will be requested to cite the
later than the effective date of sepa- specific statute under which such au-
ration. This report should be made by thority is requested. The request on
letter (form letter satisfactory) and the agency should call attention to the
should be in addition to the regular statements of the Chairman of the
reports which are submitted through the Committee on Accounts, House of Rep-
regional director's office for audit and resentatives, which appear
which appear on pages
transmittal to the departments (depart- 1300 and 1301 of the Congressional
mental circular No. 92, supplemental, Record of February 16, 1942, and ad-
August 9, 1932).
vise the agency that unless
unless both
Temporary appointments pending Houses of Congress agree and the Presi-
transfer.—Temporary appointments dent approves the resolution or bill to
pending transfer are no longer author- authorize the executive branch to em-
ized (action of Commission, March 24, ploy persons for the purpose of detail
1942).
to the legislative branch, there is no
Temporary appointment pending ap- authority in law under which the Com-
pointment under Schedule B.-General mission may approve the proposed tem-
autliority has been given for temporary porary appointment (Commission's
appointment to positions included in minute 2 of April 14, 1942).
Schedule B of the civil-service rules (see
Part-time employment.-See notes,
pages 315 to 318) for not to exceed 30 below.
days, if necessary in emergencies, with
PART-TIME EMPLOYMENT UNDER DE-
the distinct understanding that the de-
PARTMENTAL CIRCULAR 389
pariment's proposal for the appointment
under Schedule B be submitted without [The notes under this heading do not
delay. Temporary appointments made affect any regulations or agreements al-
under this authority should be reported ready in effect governing work which is
promptly by letter to the Commission's normally seasonal
intermittent.
central office. The Commission has ex. They contemplate work which would
tended this general authority to 60 days ordinarily be performed by full-time
in the case of the War and Navy De- personnel.]
partments, and has authorized the auto-
Positions open to part-time person-
matic extension of the temporary ap- nel.—The Civil Service Commission
pointment for a period of 30 days (mak- I will recruit, examine, and certify ap-
ing 90 days in all), without further plicants for part-time work under the
authority from the Commission, in cases
same procedures that are in effect for
where the War or Navy Department has full-time employment. It is intendeil,
initiated the request for authority for however, that part-time, lists will be
the Schedule B appointment on or be used only when there is an insufficient
fore the date temporary appointment number of qualified eligibles available
is effective and action by the Commis- for full-time employment, or when the
sion is not completed within 60 days position to be filled is one which be-
(departmental circular No. 163, April 30, cause of peak loads or other special
1938; Commission's minute 8 of May 28. circumstances does not permit utiliza-
1910, and minute 3 of July 17, 1940).
tion of an employee's services full time.
Status of persons temporarily ap- Applications for any type of position
pointed prior to March 16, 1942.-See will be accepted from persons in vailable
notes on page 212.
for part-time employment, and certifica-
Temporary appointment for service tion will be made as the needs of the
with Congressional committee.-Any ex- service require from those persons who
ec'utive agency which requests author- meet all the requirements for a given
ity for the temporary appointment of position. Particular emphasis, how-
or
LEAVE OF ABSENCE
495
1
an
ACCRUA), AND CREDITING OF LEAVE definite employees such leave credit at
Date on which leave may be cred- the beginning of the service month in
ited.-Sick leave of absence is not which the leave is earned, or at any
granted by the act of March 14, 1936, time during the month other than the
19 Stat. 1162, on a yearly basis, but on
end thereof (decision, Comptroller Gen-
a monthly basis. The monthly accrual eral, July 13, 1944).*
Administrative determinations as to
of one and one-quarter days becomes
available to the employee at any time on
amount of leave to employee's
or after the first day of the month. The credit.-The keeping of records of em-
setting up of 15 days' sick leave credit ployees' sccrued annual and sick leave
at the beginning of the leave year for is an administrative duty and respon-
use as needed is not authorized (15 sibility, and, therefore, the administra-
Comp. Gen. 866, March 27, 1936; 15 tive determination as to the amount of
Comp. Gen. 1058, June 4, 1936).
annual and sick leave an employee has
The monthly credit of 2 days' annual
to his credit ordinarily will not be ques-
leave may be allowed to permanent em-
tioned by the General Accounting Office
ployees during their first year of service (22 Coinp. Gen. 348, October 14, 1942).
at the beginning of the month in which Reestablishment of lost leave rec-
it accrues. However, it is within ad-ords. No objection will be made to the
ministrative discretion to deny such em- acceptance by the War Department of
ployees the monthly credit until the the sworn statenent of any employee
expiration of the month in which it as to the amount of leave previously
accrues (23 Comp. Gen. 841, May 4, taken by him, for the purpose of re-
1944). As to crediting annual leave to establishing his service and leave rec-
permanent employees who have served ords which have apparently been lost
more than one year, see section 2.1 (a) as a result of enemy uction (22 Comp.
of the Leave Regulations.
Gen. 348, October 14, 1942).
After the first month of service, tem-
Methods of accounting for leave.---
porary employees may be credited with Section 5.1 of the Leave Regulations
annual leave at the beginning of the
grants the Civil Service Commission
month in which it accrues, although it is authority to prescribe methods of ac-
within administrative discretion to deny
counting for leave, subject to the ap-
such employees the monthly credit of
annual leave until the expiration of the proval of the Director of the Bureau of
the Budget.
month in whicn it accrues (23 Comp.
Departments and agencies to which
Genl. 841, May 4, 1941).
these regulations apply have heretofore
The credit of leave to “indefinite em-
ployees" (within the meaning of the prescribed their own methods of main-
Leave Regulations) accrues as the leave taining employee leave records. They
is earnell. Where such an employee is may continue to follow such methods
absent on leave without pay for a frac- until further notice, provided that, in
tion of a day, or a day or more, a new
accordance with section 5.1, they main-
month's perioil is begun when duty is tain an account of leave for each em-
resumed (20 Comp. Gen. 827, May 28, ployee under their respective jurisdic-
1941; 18 Comp. Gen. 400, October 31, tions (departmental circular No. 469,
1938; 23 Comp. Gen. 603, February 18, February 11, 1944).
1944). The two days' monthly leave Effective date of changes in regula-
(óleolit may be administratively al- tions as to leave crediting. The leave
lowed at the end of each inonth of regulations in force when the leave is
service, including the first month, in earned are controlling in the matter of
which it is earned; but there is no crediting leave (23 Comp. Gen. 603,
administrative authority to grant in- | February 18, 1944).
(August 3, 1944)
495.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
Computation of leave credits.-Stand- | tent of section 4.2 of the Annual and
ard Form 67, "Leave Creclit Table,” is Sick Leave Regulations is that leave
used in coinputing annual- and sick-leave on leave, either sick or annual, is
credits. This table applies only to those earned only if there is a return to duty,
employees who are working a regular and no leave on leave, either sick or
8-hour tour of duty. All coniputations annual, is earned during terminal an-
therein are based on a 30-day month; as nual or sick leave. Under Section 4.2
to computing leare for a fractional (b) no leave is earned on terminal
month, see note on “Fractional months leave which precedes entrance into
of service," below. Standard Form 67 active military service, *even though
may be requisitioned from the Govern- he is subsequently restored to his posi-
ment Printing Office by the office in each tion in accordance with section 8 (b) of
agency which is authorized to procure the Selective Training and Service Act;
printing from the Government Printing or which precedes separation, even
Office (departmental circular No. 471, though he is reinstated in the same or
February 26, 1944). As to authority for another agency within 30 days after ex-
this table, see decision, Comptroller piration of his terminal leave; * or
General, February 11, 1944.
which precedes retirement, regardless of
Quarterly additional annual leave the cause of the retirement (23 Comp.
credits.-A permanent employee must Gen. 603, February 18, 1944 ; 23 Comp.
serve an entire quarter of the calendar | Gen. 677, March 16, 1944; 23 Comp.
year in order to be entitled to the one-Gen. 837, May 2, 1944 ;* decision, Comp-
half day additional credit of annual troller General, August 17, 1944.*
leave (4 hours) in March, June, Septem- * The right to accrue leave during
ber, and December as provided by sec- leave with pay which is followed by a
tion 2.1 (a) of the Leave Regulations return to duty is not affected by the fact
(decision, Comptroller General, Febru. that such return is to a different agency,
ary 11, 1944). However, the fact that if such agency is subject to the leave
an employee is in a leave status at the acts of March 14, 1936 (decision, Comp-
end of the quarter or has been on leave troller General, August 17, 1944).*
without pay during a part of the quarter If leave on leave is granted erro-
does not, in itself, disqualify him for the neously because of the fact that the ad-
quarterly credit (see note entitled "Ef- ministrative office had no advance in-
fect of leave without pay upon leave formation that the employee intended
credits”, below).
to resign at the termination of his
Where there are 31 days in the final leave, a charge properly is for assert-
month of a quarter, a permanent em- ing against the employee for the over-
ployee who is paid for the first 30 days of drawn leave representing the amount
that month and has been continuously of 'compensation which actually was
employed from the first day of the
paid for the period of leave on leave
quarter may be considered as having
(23 Comp. Gen. 638, February 29,
been "continuously employed for the en-
1944). Cf. note on “Requirement of
tire quarter-year ending in such month,
within the meaning of section 2.1 (a) of refund from employees separated from
the Annual Leave Regulations so as to the service”, page 503.
entitle him to the full monthly and quar-
The prohibition against the granting
terly annual leave credit authorized of leave on leave during terminal leave
therein. This is true even though the applies to employees whose tenure of
30th is a nonwork day, and he does service is indefinite and whose termi-
not serve on the 31st (based on 23 Comp. nation of service must be fixed after
Gen. 789, April 15, 1944; 23 Comp. Gen. service has been rendered. It bas
837, May 2, 1944).
no application to deny “temporary em-
Accrual of leave during periods of ployees" within the meaning of the
leave with pay.-The purpose and in- Leave Regulations who are appointed
(September 14, 1944)
LEAVE OF ABSENCE
495.04
(0) Temporary and indefinite em- granted or advanced), and sufficient an-
ployees.-Leave credits for "temporary" nual or sick leave is available for
and “indefinite" employees (within the granting. While annual leave which
meaning of the Leave Regulations) are would accrue at the end of the month
based on the service month rather than without break in continuity of service, or
the calendar month. They are not enti- in succeeding months, may not be ad-
tled to annual or sick leave for a frac-vanced to indefinite per diem "when ac-
tional month's service, and leave for tually enıployed” employees even though
: them may be computed only on the basis they have completed one or more months
of a full month's service. This rule of continuous service with or without
applies to both types of "indefinite” em- break in service, such an employee, with-
ployees those who are appointed "for out other leave to his credit, who has
the duration of the job" and those who been continuously employed for 28 days
are paid on a "when actually employed” of a 30-day month, may be granted, as in
basis. An "indefinite” employee begins anticipation of the month's continuous
a new month of service when he resumes service, not to exceed 2 days annual
duty after being absent on leave without leave at the last of the month. The
pay (or layoff or furlough) for a fraction continuity of service of "temporary”
of a day, or a day or more.
employees for annual leave earning
As to accrual of leave by temporary purposes is not broken by Sundays not
employees during leave with pay periods, occurring within a regular tour of
see notes on "Accrual of leave during duty, or holidays or nonwork days
periods of leave with pay,” page 495.01. duty, or holidays or nonwork days
established by Federal statute or by
*Temporary" and "indefinite” em-
Executive or administrative order (16
ployees do not earn annual or sick leave
for any service month during which Comp. Gen. 993, May 10, 1937; 16 Comp.
they are suspended for disciplinary rea-
Gen. 1039, May-26, 1937; 17 Comp. Gen.
sons for a period of more than three 1017, May 27, 1938; 18 Comp. Gen. 400,
days, but they do not lose a service October 31, 1938; 20 Comp. Gen. 827, May
month's leave credit because of sus- 28, 1941; 21 Comp. Ger. 101, August 5,
pension for three days or less.*
1941; 22 Comp. Gen. 619, January 7,
A furlough or leave-without-pay period 1943; decision, Comptroller General,
does not affect the accrual of leave by February 11, 1944; 23 Comp. Gen. 638,
"teniporary" or "indefinite” employees if February 29, 1944; 23 Comp. Gen. 677,
it is administratively permitted to be March 16, 1944; 23 Comp. Gen. 841,
"bridged over" with annual leave with May 4, 1944; 23 Comp. Gen. 848, May
pay (or sick leave, if the absence is one 5, 1944; decisions, Comptroller General,
for which sick leave may properly be July 13, 1944, *and August 17, 1944).*
:
(September 14, 1944)
496 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
rv. Crediting leave earned in previous in-
Periods during which an employee from one period of the temporary ap-
paid only when actually employed is not pointment to another (based on 20
continuously employed but is required Comp. Gen. 332, December 21, 1940; 20
to be in readiness to render service when Comp. Gen. 661, April 22, 1941; 18
needed, may not be considered as a Comp. Gen. 596, January 7, 1939).
part of the one month's period of serv-
ice for the purpose of determining definite appointments.--The annual and
whether or not the employee has earned sick leave of “indefinite” employees paid
annual or sick leave, although they may only when actually employed, which may
be so counted for the purpose of deter- be credited only for periods of con-
mining whether he is an “indefinite” tinuous service of one month or more,
employee under the leave regulations may be carried over from one such pe-
as distinguished from a part-time or riod of continuous service to another (17
intermittent employee (17 Comp. Gen. Comp. Gen. 1017, May 27, 1938).
1017, May 27, 1938). Annual and sick Employees subject to Federal and
leave is not earned during such periods, State supervision during alternate pe-
or during furlough or lay-off periods riods.- Where, under cooperative agree-
or periods of service for less than one ments between the Department of Agri-
month rendered at intervals, even culture and States, etc., employees are
though preceded or followed by periods under the supervision and control of
of continuous service for at least one the Federal Government during six
month (17 Comp. Gen. 1017, May 27, months of the year and under the super-
1938). With respect to the earning of vision and control of the cooperating
leave by permanent trainmen on the agency during the other six months, an-
Alaska Railroad, see notes, page 494.
nual and sick leave under the Federal
The rulings set forth in this note are acts o.: March 14, 1936, 49 Stat. 1161
applicable even though the absence is and 1162, accrues only during the period
due to religious reasons (20 Comp. Gen. the employees are under Federal con-
8:27, May 28, 1941; 22 Comp. Gen. 619, trol. Such employees may, however, be
January 7, 1943).
regarded as in a continuous duty status,
Crediting leave earned in previous and their Federal leave may be carried
temporary appointments. — Employees
over from one continuous period of Fed-
originally appointed for definite periods eral control of one month or more to
not exceeding one year whose appoint- another (17 Comp. Gen. 362, October 26,
ments are extended at the end of one
1937).
year *for a further definite period not
Recrediting of leave upon immediate
exceeding one year, or who are given reemployment after retirement. Where
new temporary. appointments at such an employee is retired for age and re-
time, are to be regarded as temporary appointed to his former position the next
employees for leave purposes regard day under authority of the act of June
less of the aggregate length of service, 28, 1940 (see p. 133), the provisions of
and such a series of appointments or
the annual and sick leave acts and
extensions is to be considered as one regulations are applicable just as in
temporary appointment for the purpose any other case of separation and re-
of transferring accrued leave credit appointment without break in service.
(July 12, 1944)
LEAVE OF ABSENCE
517
or
ployee is entitled as in matter of right leave. (This decision refers to military
to the unused annual leave standing to leave in the strict sense-leave granted
his credit upon termination of service. under the acts set forth under that
Such leave inay not be denied admin- heading on pages 318 and 519-and
istratively. The granting of sick leave not to the annual leave now granted
upon termination of service, however, concurrent with active military
is an administrative matter not subject naval service).*
to review or revision by the General AC- Granting of leave without pay.--
counting Office (decision, Comptroller The provision of section 4.8 («) of the
General, July 17, 1944).
Annual awd Sick Leuve Regulations that
an employee who is required by lea- leave without pay may be granted to
son of ill health to leave active service an employee for a period not exceeding
and resign, which action properly is | 12 monthis regardless of whether he has
supported by a doctor's certificate, may leave standing to his credit was not in-
be granted all of his accumulated and tended to limit administrative action
current accrued sick and annual leave in the granting of leave of absence with-
as a continuous period, without a re-
out pay to a period of 12 months in all
turn to duty, upon the basis of an ap- cases, but is merely a limitation on the
Plication therefor filed along with tender amount of leave without pay that may
of resignation prior to the expiration of be granted while an employee has an-
the leave, and the date of resignation
nual leave to his credit.
may be so fixed as to grant such sick
Where an employee has been car-
and annual leare. However, a substi-
tution of sick leave for annual leave ried on the rolls in a leave-without-pay
under the conditions stated in section status because of extended illness for
3.0 of the l'egulations should not be 111-
à period of one year or more and has
no unused annual leave to his credit, it
proved unless and until there is a return
to duty and the employee has filed the is within administrative iliscretion to
required medical certificate (23 Comp. grant the employee additional periods
Gen. 638, February 29, 1944; decision, of leare without pay (23 Comp. Gen.
Comptroller General, July 17, 1944). 789, April 15, 1947).
In the case of an employee who is to In counection with reemployment pro-
be separated from the service where (edure, howerer, 'periods of leave with-
only annual leave is applied for, or sick out pay in excess of one year are treated
leave is applied for and denied, and the as separations for certain purposes.
termination date once is fixed to be ef- See, for example, section 16 of the joint
fective at the termination of the annual regulations applying to the District of
leave, section 4.2 (b) of the Annual and Columbia Government (page 395).
Sick Leare Regulations prohibits the ex- The granting of leare without pay for
tension of such fixed date of separation a period extending beyond the liquida-
by the granting of sick leave (decision, tion of aui agency is discussell on page
Comptroller General, July 17, 1917). 514; leare without pay during active
Section 4.2. (b)) likewise prohibits the military service, on page 507; reports to
extension of the final (late of separation the Commission of furloughs and leares
by the granting of court leare. The without pay, on page 206; issuance of
Comptroller General has also held (19 statements of availability on furlough
Comp. Gen. 710, February 9, 1940), that or involuntary leave without pay, on
there is no l'equirement that the pay page 1.3.
status of the employee be extended in Refunds for advanced leave.See
such cases by the granting of military I note on page 503.
to
(August 3, 1941)
518
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
an
REPLACEMENT OF EMPLOYEES ON LEAVE | tion (as distinguished from an addi-
As a general rule, only one person
tional identical position) terminates
may be paid the salary of the same
the appointment of the prior incumbent.
office for the same period. However, This does not apply to cases where the
a new officer may be employed to re-
prior incumbent is being carried in a
place an outgoing officer and paid the
furlough or leave-without-pay status
salary of the position, if funds are avail pending his return from the armed
able, during a period after the outgoing forces and restoration to duty in accord-
officer has ceased to perform the duties
ance with the provisions of the Selective
of the office, but is still receiving pas-islation (4 Comp. Gen. 729, March 3,
Training and Service Act or similar leg-
ment for terminal, annual leave. The
right of the outgoing officer to receive 1925; 13 Comp. Gen. 170, December 13,
payment for the terminal leave is not 1933 ; 20 Comp Gen. 9, July 5, 1940; 20
affected thereby (decision, Comptroller
Comp. Gen. 935, June 30, 1941).*
When
General, August 17, 1944).
employee returns from
This in-
service in the armed forces and claims
cludes cases where the officer has en-
tered the armed forces and is receiving
his former position, the rights of the
accumulated and current accrued leare employee who left a position in the
concurrent with active military or naval agency to take that of the person in the
duty, pursuant to the act of August 1,
military service are for administrative
1941, 55 Stat. 616 (see page 483), as
determination, subject to the reemploy-
amended by the act of April 7, 1912, 56 ment rights of the veteran and to re-
Stat. 200.*
duction of force procedures. The Com-
If an employee's position is not a
mission suggests the advisability of us-
statutory office, but has been adminis- ing section 3 (a) of war-service regula-
tratively created under a lump-sum ap-
tion IX (see pages 34 and 153) when
propriation, an additional identical po-
transferring the permanent employees
sition may be administratively created to positions vacated by persons entering
and filled, and the appointee to the lat- the armed forces. This will grant the
ter paid compensation for service in the transferred employee reemployment
separate additional identical position benefits in his permanent position under
simultaneously with the payment to the such circumstances (letter of Commis-
former employee of compensation for sion to Director of Employment Man-
accumulated and current accrued leave, agement, Federal Works Agency, Jan-
in the absence of some specific pro- uary 20, 1944). With respect to the
vision of law precluding such action (20 salary rate payable, after reduction to
Comp. Gen. 9, July 5, 1940).
his original position, to an employee who
*Where an employee is on leave of was temporarily promoted or trans-
absence without pay, the appointment of ferred in order to replace an employee
another person, on either a temporary entering the military service, see note
or a permanent basis, to the same posi- 'on page 88.
MILITARY LEAVE
MEMBERS OF NATIONAL GUARD
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 (39 Stat. 203, June 3, 1916: 32
U. S. C. 1940 ed. 75)
t
(September 14, 1944)
JK
6 3 3
A
22
CIVIL SERVICE ACT AND RULES
TRANSMITTAL SHEET NO. 13
September 21, 1944
These sheets should be cut or torn apart along the perforations.
They should then be substituted as shown on the back of this page
for pages of the loose-leaf edition of the "Civil Service Act and Rules."
The steps in making the insertions are explained on page XX of the
introductory chapter, "How to Use This Book." The date of this trans-
mittal sheet and the date of filing should then be noted on the "Filing
Record" at the front of the book, and this page should be filed-
immediately behind Transmittal Sheet No. 12.
When this filing has been completed, pages 1 to 64, 69 to 80, 85 to
118, 123 to 135, 185 to 212, 291 to 365, and 447 to 525 will be up to date
as of September 21, 1944.
Remarks
Additions have been made on pages 85, 86, 86.01, 86.02, 86.03, 86.04,
88, 88.01, 89, 90, 90.01, 91, 91.01, 114, 117, 502.01, and 504.
Deletions have been made as indicated on pages 86, 89, and 92.
Changes have been made on pages 86, 87, 88, 89, 89.01, 90, 92, 113,
113.01, 114, 115, and 118.
The deleted material on page 86 concerning selection of former
Government employees is now covered by material on pages 72 and
86.03. The first deletion of page 89 is the result of the withdrawal
from appointing officers of authority to disapprove appointments.
The changes on page 92 are the result of the taking effect of new appro-
priation acts. The last paragraph on the former page 118 has been
rendered obsolete by the revised reduction-in-force regulations. It is
believed that the nature of all other changes will be obvious upon
comparison of the old with the new pages.
No page appearing in a particular installment has been changed
in that installment (except by transfer of material from contiguous
pages) unless the edition date of the page is the same as that of the
transmittal sheet. Stars are retained on reprinted pages to indicate
the last changes made on the page.
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DEPOSITED #1 THE
IINITEN ST465 OF AMERICA
27
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT
85
"No money appropriated by this or letter carriers, village letter carriers,
any other acts shall be used for the laborers, watchmen, and messengers,
compensation of any publicity expert and emploġeės of the Motor Vehicle Ser-
unless specifically appropriated for that vice, shall be not more than one classi-
purpose."
fied substitute to six regular employees,
Employment of experts in business or fraction thereof, respectively, except
methods.--Section 55 of title 5 of the that in offices having fewer than six
United States Code, 1940 ed. (based on regular employees there may be one
section 5 of the act of April 6, 1914, '38 substitute clerk and one substitute car-
Stat. 335), provides as follows:
rier, and one substitute in the Motor
"Except as otherwise provided in sec- Vehicle Service: Provided, That where
tion 53 of Title 31, no part of any money the ratio of substitutes is now in excess
appropriated in any act shall be used for of these ratios, no additional classified
compensation or payment of expenses substitutes shall be appointed until these
of accountants or other experts inaugu- ratios are established : Provided further,
rating new or changing old methods of That the provisions of this act shall not
transacting the business of the United operate to furlough or dismiss (1) any
States or the District of Columbia, un- classified substitute railway
railway postal
less authority for employment of such clerks, post-office clerks, city letter car-
services or payment of such expenses is riers, village letter carriers, or laborers,
stated in specific terms in the act making watchmen, or messengers; or (2) any
provision therefor and the rate of com- classified substitutes in the Motor Vehi-
pensation for such services or expenses cle Service."
is specifically fixed therein, or be used *The classification "laborer" in the
for compensation of or expenses for Postal Service has now been replaced by
persons, aiding or assisting such ac- the classification “mail handler" (Pub:
countants or other experts, unless the lic Law 259, 78th Cong., March 20,
rate of compensation of or expenses for 1944).*
such assistants is fixed by oficers or
SILECTION AND APPOINTMENT
employees of the United States or Dis-
trict of Columbia having authority to [See section 4 of war-service regulation IV;
do 80, and such rates of compensation or
section 1 of war-service regulation V; and
war-service regulation X]
expenses so fixed shall be paid only to
the person so employed."
Right of choice.--An act of Congress
(Section 53 of title 31 of the United or a rule promulgated by the President
States Code, referred to in the section may require that the selection shall be
just quoted, provides for investigations made from the persons found by an
and reports to the Congress by the examining board to be qualified in such
Comptroller General.)
particulars as diligence, scholarship,
Limitations on the employment of integrity, good manners, and attach-
classided substitutes in the Post Oficement to the Government. The appoint-
Department.---The act of June 4, 1936 | ing power would still have scope for
(49 Stat. 1460; 39 U. S. C. 1940 ed. 834), the exercise of its own judgment and
provides as follows:
"The ratio of classified substitute rail- Congress cannot restrict the choice of
way postal clerks, classified substitute the head of a department to the point
post-office clerks, classified substitute where he would have no choice, but it
city letter carriers, classified substitute is not unconstitutional for an examin-
village letter carriers, classified substi- | ing board to furnish a certain number
tute laborers, watchmen, and messen- of names obtained by a test from which
gers, and classified substitutes in the the head of a department shall make
Motor Vehicle Service, to regular rail- selections (13 Op. Atty. Gen. 516, Au-
way postal clerks, post-office clerks, city 'gust 31, 1871).
i.
will.
(September 21, 1944)
86
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
pointment is set forth on pages 81 to
Delegation of right of choice by em- 84. An eligible who declines appoint-
ploying agencies to Commission.See ment, or who fails to reply to the ap-
notes on "Direct recruiting,” page 48. pointing officer's inquiry concerning his
Joint recruiting.–See notes on page availability (or offer of appointment),
48.01.
will not be considered one of the three
*Authorization of original noncom- eligibles from whom the appointing ofi-
petitive appointment.--Original appoint-cer must make selection. In such cases,
ments may be authorized noncompeti- however, the documents in the case must
tively only when sufficient competent be submitted to the Commission as pro-
persons do not compete, or when the vided on page 115. An eligible cannot
conditions set forth in section 5 of war- be eliminated from consideration in con-
service regulation V exist (action of nection with any appointment because
Commission, July 26, 1944). For text he declined, or failed to reply to,, an
of section 5 of regulation V, see page offer of appointment, unless it can be
29.
shown that he did so with the same in-
Order of selection. In accordance formation regarding the duties, condi-
with section 4 of war-service regulation tions of employment, location, salary,
IV (see page 27), selection for the first and tenure of the position offered as
vacancy to be filled must be made from was given to all other eligibles consid-
the group of the three highest eligibles ered in connection with the appointment.
who are willing to accept appointment. An eligible may be considered un-
For the second vacancy, selection must available if he is unable to secure the
be made from the group consisting of necessary' clearance under the War
the two remaining eligibles who were Manpower Commission's employment-
considered for the first vacancy and the stabilization program within a reason-
next highest available eligible. The able length of time. Except in unusual
same procedure must be followed in cases, two weeks will be considered as
filling additional vacancies (depart- a reasonable time for an eligible to
mental circular No. 493, July 3, 1944).* secure clearance.
Appointments should be made strictly The appointing officer is not required
in accordance with the terms of the cer- to consider further any eligible whom
tificate. No appointments should be he has previously considered in connec-
made at a salary or at a locality differ- tion with three separate appointments.
ent from that for which the certificate He may, upon finding and verification
is issued, unless prior approval for such with the Commission that an eligible
action is secured from the Civil Service has received three considerations from
Commission (departmental circular No. him for the same type and grade of
147, October 26, 1936).
position, refuse to again consider such
*Where eligibles granted veteran pref- eligible. The Commission, upon veri-
erence are passed over and eligibles notfication, will certify another eligible, or
granted such preference are tentatively permit the selection of the eligible next
selected, the procedure set forth in the in line for consideration. For the pur-
note below on “Passing over preference pose of determining number of consid-
eligibles” must be followed before final erations, an "appointing officer" will
selection is made.
be the head of the agency, subdivision
The procedure for determining of the agency, office, or station to which
whether an eligible is available for ap- the certificate is issued.
(September 21, 1944)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT 86.01
on
As to appointment of, or passing over, deemed sufficient if they would be sus-
persons listed on the certificate who are tained if presented as an objection to
found to be annuitants retired under an eligible (see page 86.02). An alleged
the age or optional provisions of the superiority of the nonpreference eligi-
Civil Service Retirement Act or the ble tentatively selected will not be con-
Canal Zone Retirement Act, see page sidered in determining whether the ap-
86.03.
pointing officer's reasons are sufficient
Except in the cases mentioned, an or insufficient. The fact that a non-
eligible may be eliminated from · fur- preference eligible who is within reach
ther consideration only through objec- for indefinite appointment on an ap-
tions made by the appointing officer and propriate list of eligibles is already
sustained by the Commission in the serving under an emergency appoint-'
manner provided in the notes ment under section 4 of war-service
“Objections to eligibles," page 86.02 regulation V will not be considered a
(departmental circular No. 493, July 3, satisfactory reason for passing over a
1944; departmental circular No. 493, preference eligible higher on such list
supplement 4, September 28, 1944; Civil and selecting the nonpreference eligible.
Service Commission Form 4650).
A nonpreference eligible tentatively
Passing over preference eligible.- selected after the passing over of a
Under the terms of section 8 of the preference eligible may not legally be
Veterans' Preference Act of 1944 (see appointed until the findings of the Com-
page 10.02), an appointing officer who mission as to the sufficiency of the rea-
passes over a preference eligible and sons for passing over the preference eli-
tentatively selects nonpreference gible have been received and considered
eligible standing lower on the certifi-| by the appointing officer. The
cate must submit a statement of his thority to make these findings is not
reasons for so doing to the office of the delegated to the Commission's local
Commission which issued the certifi-| boards or establishment boards.
cate. This statement must be sub- Upon receipt of a finding of the Com-
mitted in quadruplicate. Civil Service mission that the reasons for passing
Commission Form 2934 is to be used over a preference eligible are sufficient,
for this purpose if the appointment is the nonpreference eligible tentatively
in the departmental service and Form selected may be appointed. If the Com-
2934c if the appointment is in the field mission finds that the reasons submit-
service. (Editions of Form 2934 dated ted are insufficient the appointing officer
prior to July 1944 are not to be used.) may (a) submit additional information
Submission of the form is required in support of his reasons, in which case
whether the veteran passed over has the appointment of the nonpreference
been granted 5- or 10-point preference, eligible may not be made until the ap-
but is not required if a person granted pointing officer receives the findings of
preference (either 5. or 10-point) is the Commission on the additional in-
selected.
formation; or (0) consider the findings
The reasons given for passing over a of the Commission as to insufficiency
preference eligible must be directed at and appoint either the preference eli-
the preference eligible's own qualifica- gible or the tentatively selected non-
tions or suitability. They will be preference eligible. If the preference
а.
du-
(September 21, 1944)
86.02 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
*
eligible, or a person designated by him knowledge of the facts and circum- .
in writing as his representative, so re- stances prior to certification, the eligi-
quests, the Commission will furnish him ble's name would not have been fur-
a copy of the reasons submitted by the nished for consideration for this par-
appointing officer and a copy of the find- ticular position. (See, in this connec-
ings of the Commission as to the suffi- tion, section 3 of war-service regulation
ciency or insuficiency of the reasons II, page 22.)
(departmental circular No. 80, July 23, When the age of an eligible falls
1931, and supplement 2 thereto, May within the minimum requirements of
18, 1939; departmental circular No. 323, the examination, objections to his age
revised, March 30, 1942; departmental alone may not be sustained (Commis-
circular No. 493, July 3, 1944, and sup- sion's minute 2 of October 21, 1931 ; ac-
plement i thereto, August 11, 1944 ; tion of Commission, August 2, 1944).
action of Commission, July 28, 1944). Objections to eligibles on grounds of
Where the statement of reasons for physical condition must be presented to
passing over the preference eligible was the Commission and sustained before
submitted with a report on the certificate appointment may be made of an eligible
(see page 114) showing the nonprefer- who would otherwise not be within
ence eligible as tentatively selected, and reach. Where an objection is based on
the appointing officer subsequently se- the physical condition of an eligible. the
lects the preference eligible instead of appointing officer must submit full in-
the nonpreference eligible, an amended formation regarding the eligible's phys-
report (see page 115) should be made ical condition, including medical certif-
to the Commission; if the nonpreference cate, if obtained, together with a state-
eligible tentatively selected is appointed, ment from the appointing officer as to
no further report on the certificate is why the physical condition of the eligible
necessary (Civil Service Commission will prevent him from performing efi-
Form 2934c).
ciently the duties of the position. The
Objections to eligibles.---An appoint- general criterion which the Commission
ing officer may believe that one of three will follow in passing on such objections
eligibles considered is not qualified for will be whether the eligible is able to
appointment and wish to select an eligi- perform the duties of the position effi-
ble not within reach for consideration. ciently and without hazard to himself or
In such cases, he may submit objections others (departmental circular No. 493,
to the allegedly unqualified eligible to July 3, 1944). The medical certificate
the Commission, with full substantia- will be retained by the Commission,
tion of his objections. The eligible not whether the objection is sustained or
within reach may not be appointed or not.
entered on duty unless and until the Objections to eligibles below 30 years
Commission sustains such objections, of age in class 1-A, 2-A, or 2-B under
and even then he may be appointed and the Selective Training and Service Act
entered on duty only if the elimination may be sustained (action of Commis-
of the eligible whose name stood higher sion, August 2, 1944).
on the register brings him within reach Objections made by the Veterans' Ad-
for consideration (departmental cir- ministration or by any other agency to
cular No. 493, July 3, 1944).
the appointment to medical oficer posi-
In order to sustain objections pre- tions of any grade, of eligibles who will
sented by an appointing officer in re- be called to active military duty within
gard to a certified eligible, the Commis- 90 days after appointment, will be sus-
sion must have such adequate evidence tained (Commission's minute 3 of De-
as to indicate that if there had been al cember 9, 1940). As to restoration and
(September 21, 1944)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT 86.03
page 247.
extension of eligibility after honorable persons who are already serving under
separation from the armed forces, see emergency appointment under section 4
of war-service regulation V, see para-
The fact that an eligible whose name graph (e) of that section, page 28.01.
ls submitted in a certificate is found to
Prior to the appointment of any per-
be serving in the armed forces will be son with previous Government experi-
accepted by the Commission as a suffi- ence, the employing agency should ob-
cient basis for sustaining objections by tain information from the appointee as
appointing officers (departmental çircu- to whether or not he is receiving an
lar No. 236, revised, April 17, 1941; de- annuity from the Government. If the
partmental circular No. 232, September answer is in the affirmative, and there
4, 1940, and supplement 1 thereto, Octo- is any uncertainty as to the effect of
ber 16, 1940; departmental circular No. such reemployment upon the person's
258, May 13, 1941). With respect to retirement rights, information regard-
restoration and extension of eligibility | ing this matter should be secured from
after honorable discharge from the the Retirement Division, Civil Service
armed forces, see notes on page 245.
Commission, Washington 25, D. C.,
Selection of eligibles employed or before the appointment is effected.
formerly employed by other agencies. This action is necessary because of legal
When the eligible selected is already em- prohibitions against the payment of re-
ployed by another agency of the Federal tirement annuity concurrently with
Government or of the government of the active-service salary. The reemploy-
District of Columbia, or has been act- ment of an annuitant without suspen-
ually separated from the rolls of such sion of annuity payments creates an
an agency within the preceding 30 days, | overpayment which must be liquidated,
clearance for his appointment must be and the belated discovery of such over-
obtained as provided on page 81.
paynent, sometimes after a number of
In making selections from certifi- years, often works a. distinct hardship
cates, there must be full compliance (retirement circular No. 107, supple-
with the "rule of three" and the other ment 1, February 16, 1943).
requirements of section 4 of war-service
Persons listed on the certificate who
regulation IV, even though the person are found to be annuitants retired under
selected has a status for transfer or re- the age or optional provisions of the
appointment. In other words, when the Civil Service Retirement Act or the
certificate of eligibles is the sole author. Canal Zone Retirement Act may be ap-
ity for the appointment of such a per- pointed only under the act of January
son, all requirements regarding selec-
24, 1942, or July 29, 1942, as applicable,
tion from such certificate must be met
in accordance with the procedures set
(departmental circular No. 493, July 3,
1944). The fact that such a person is forth on pages 129 to 134. No reasons
certified will not, however, prevent an
need be given by the appointing officer
for not considering any such eligible or
appointing officer from specifically re-
questing authority for noncompetitive for selecting any such eligible without
transfer or reappointment; such ap- regard to regular eligibles on the cer-
pointment will, if authorized, not be tificate (Civil Service Commission Form
considered as a selection from the cer- 4650). The employment of persons who
tificate of eligibles (action of Commis- have been retired for disability must
sion, July 28, 1944). As to selection of I have prior approval of the central office
3
(September 21, 1944)
86.04 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
on
*
of the Commission, as stated on page | these vouchers are confidential, and
122. The reemployment of any annui- they are furnished for the information
tant, regardless of the law under which of the appointing officers only (depart-
retired, must be reported immediately mental circular No. 135, November 9,
by the department or agency (1) by let- 1935).
ter to the Retirement Division, and (2) Consideration of certain types of rec-
the regular report of personnel ommendations prohibited.--See notes on
changes (action of Commission, Septem- page 44.
ber 12, 1944).
Inquiries as to the political or re-
Selection of eligibles who were pre- ligious afiliations of applicants. See
viously passed over.-As to recertifica- | notes on page 44.
tion of eligibles who have been passed Credit reports.-Appropriated moneys
orer three times, see page 74. Any eligi- of Federal agencies are not available
ble who has been within reach in connec- for obtaining personal history reports
tion with three separate appointments on prospective Government employees
in his turn, and any preference eligible from credit companies in the absence of
who has been passed over three times specific authority of law (19 Comp. Gen.
for reasons deemed sufficient by the 594, December 19, 1939).
Commission, may be subsequently se- Appointment through erroneous cer-
lected, subject to the approval of the tification.-The Civil Service Commis-
Commission, from the certificate on sion may, at any time prior to appoint-
which his name last appeared if the ment, correct a mistake in its certifica-
condition of the list has not so changed tion, but after an appointment has been
as to place him in other respects beyond made and has been accepted by the ap
reach of certification (section 4 of war- pointee, without any fraud on his part
service regulation IV).*
or concealment of material facts, and
Discrimination as to. marital status, the matter involved is not jurisdictional,
race, color, national origin, or political it is then too late for the Commission to
or religious opinions or afiliations.- attempt to correct its certification (30
See notes on page 44.
Op. Atty. Gen. 169, June 5, 1913).
Confidential vouchers. Confidential The certificate delivered to an ap-
vouchers when required in connection pointing officer by the subordinates of
with applications are placed with the the Civil Service Commission is a com-
application, and are furnished to the plete authority to such officer to make
appointing officers when the eligibles any selection he may desire therefrom
are certified. The statements made in i and is a complete protection to the ap-
.
(September 21, 1944)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT
87
pointee (21 Op. Atty. Gen. 335, May 1, | may be certified to appointing officers
1896). This does not relate to cases even though the examination contained
where the certificate specifies that certi- an educational prerequisite. (See notes
fication is conditional, subject to in- on page 74.) Insofar as it is possible
vestigation, etc.
to do so, the departments are urged to
Where the improper appointment is offer provisional appointments to
the result of an error on the part of the student eligibles who indicate that they
appointing officer, it is invalid (31 Op. are not immediately available, but will
Atty. Gen. 324, July 20, 1918).
be available at the completion of course
Where a noncitizen has been erro- work. When the departments cannot
neously certified by the Commission offer provisional appointments to such
through no fault of his own, the Com- eligibles they are requested to return
mission will not object to his retention to the Commission with the report on
in the service, but any question whether the certificate, or list, any correspond-
the payment of his salary is legally per-ence from the student concerning his
missible is a matter for determination availability.
by the department and the Comptroller Student eligibles may be appointed
General (Commission's minuté 2 of July without furnishing proof of completion
16, 1942). If the employee secured his of the required scholastic work, and
position by falsely claiming citizenship, proof of completion of courses will no
his removal from the service will be longer be considered one of the forms
requested (Commission's minute 6 of to be submitted in connection with the
December 8, 1938).
appointment of student eligibles. The
An error in certification involving dis- departments may wish to obtain such
regard of the provisions of section 9 of proof for administrative reasons, but
the Civil Service Act (see page 10) may in such cases it may be retained in their
be corrected by the Commission at any files (departmental circular No. 351,
time prior to appointment, but not after June 30, 1942). (For status of student
appointment has been made and ac- eligibles provisionally appointed from
cepted by the appointee unless he was certificates issued prior to March 16,
guilty of fraud concealment of 1942, see notes on page 214.)
material facts, or unless the matter in- *Responsibility of appointing offi-
volved was jurisdictional (30 Op. Atty. cer.-It is the responsibility of the ap-
Gen. 169, June 5, 1913).
pointing officer to enforce the provisions
Dual employment. There are certain of section 9 of the Civil Service Act,
statutory restrictions on the employ- relating to the employment of more than
ment of the same person in two positions two members of the same family in the
paid from Federal funds. See these classified service (see page 99), and
statutes and notes thereto on pages 425 various provisions of law or regulation
to 439.
relating to such matters as holding of
Civilian employment of members of office, citizenship, etc. (See, in particu-
the armed forces.-See notes on pages lar, the list of disqualifications for ap-
436 and 507.
pointment in section 3 of regulation II,
Release from public or private em- and the notes thereto on pages 52 to
ployment.-See notes on page 83.
57.)
As to his responsibility with re-
Employn by contract.-See pages spect to determining physical fitness for
2 and 225.
appointment, see page 89. If any doubt
Provisional appointments of student exists as to the appointee's eligibility
eligibles.-Under certain circumstances, for appointment, the appointing officer
student eligibles who have not com should consult the Commission or its
pleted their course work, or have not regional director representative
furnished proof of completion thereof, 'immediately.*
or
or
(September 21, 1944)
88
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
It is also the responsibility of the ap- position, the department is authorized
pointing officer to secure and see that to allocate the position to the same
proper disposition is made of the vari- service and grade and proceed to fill it
ous forms required in connection with and pay its incumbent, without prior
appointments (see notes on page 101). allocation of the position by the Com-
He should guard against impersonation mission, but subject to post-audit. The
by carefully comparing the signature question whether one position is iden-
of the appointee on Standard Form 61 tical with another is a question of fact,
with the signature of the applicant on to be decided by the Civil Service Com-
the original application form (depart- mission in the case of positions in the
mental circular No. 137, supplement 1, departmental service (9 Comp. Gen. 101,
June 30, 1942; departmental circular September 3, 1929; 15 Comp. Gen. 6,
No. 323, revised, March 30, 1942; de- | July 2, 1935; 23 Comp. Gen. 743, April
partmental circular No. 409, February 1, 1944). The procedure in reporting
17, 1943).
the creation of additional identical po-
*Allocation of position prior to per- sitions to the Personnel Classification
sonnel action.—The general rule is that Division is set forth in departmental
when a position is subject to the Classi- circular No. 317, February 18, 1942, and
fication Act, it must have been allocated departmental circular No. 381, revised,
before final administrative action can| June 26, 1943.
be taken on appointments, transfers, The provisions of this note as to cases
promotions, changes in pay-grade where prior approval of the Commis-
status, or payment of salary. The rea- sion is not required relate entirely to
son for this rule is that the alloca- the allocation of the position, and
tion determines the legal salary rate should not be understood as affecting
payable (3 Comp. Gen. 1001, June 26, any requirement as to approval by the
1924; 4 Comp. Gen. 827, April 1, 1925). Commission of the appointment of a
This rule does not mean that the same particular individual, insofar as his
position must be allocated each time its qualifications are concerned.
incunibent changes. If a position pre-
Salary rate payable upon appoint-
viously allocated has been vacated, and ment.-Section 6 of the Classification
no changes in its duties or responsibili- Act of 1923 (42 Stat. 1490, March 4, 1923;
ties are contemplated, a new or “vice” | 5 U. $. C. 1940 ed. 666), provides that
appointment to the position under its "all new appointments shall be made
existing allocation may be made with at the minimum rate of the appropriate
out prior allocation action by the Civil grade or class thereof."
Service Commission. The allocation *This requirement applies to the field
of the position is presumed to continue as well as to the departmental service
under a succession of incumbents until (14 Comp. Gen. 183, August 31, 1934;
changed (4 Comp. Gen. 957, May 16, 14 Comp. Gen. 392, November 14, 1934;
1925 ; 6 Comp. Gen. 133, August 19, 1926; 15 Comp. Gen. 154, August 29, 1935; 16
8 Comp. Gen. 248, November 8, 1928; Comp. Gen. 1107, June 24, 1937). It ap-
and 8 Comp. Gen. 522, April 4, 1929), plies to temporary as well as permanent
The · procedure in reporting "vice appointments (4 Comp. Gen. 54, July
changes to the Commission's Person- 14, 1924).* The Comptroller General
nel Classification Division is set forth has held, however, that the term "new
in departmental circular No. 311, Janu- appointments" appearing in this pro-
ary 19, 1942.
vision does not include reinstatements,
Where a position is an additional reappointments, or transfers of Federal
position, the duties and responsibilities personnel, whether the prior employ-
of which are identical with the duties ment was within the purview of the
and responsibilities of another allocated Classification Act or not. Upon reap-
(September 21, 1944)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT 88.01
pointment to a position the salary for An employee who, after promotion or
which is prescribed by the Classification reassignment to a higher grade for an
Act, an employee may be paid initially indefinite period to fill a vacancy
at any rate in the salary range of the caused by another employee's entrance
grade for the position to which re- into the active military service, was re-
appointed which does not exceed the duced to his former grade upon return
rate previously paid to the employee in of the employee from the service, may
his last previous Federal position, ex- thereafter be paid at a rate
cept when an increase over this rate is (1) Which is the same as that of the
necessary in order to pay the minimum higher grade to which promoted or re-
of the grade to which reappointed assigned (including any periodic or
(22 Comp. Gen. 925, March 29, 1943, meritorious salary advancement) pro-
citing 8 Comp. Gen. 400, February 2, vided the salary rate of that grade is
1929; 9 Comp. Gen. 193, November 9, also a standard rate in the grade to
1929; 13 Comp. Gen. 322, May 4, 1934; which reduced ; or
15 Comp. Gen, 102, August 6, 1935; 15 (2) Which involves as little loss of
Comp. Gen. 797, March 14, 1936; 16 salary as is necessary to pay a rate
Comp. Gen. 698, December 17, 1938 ; 16 prescribed for the grade to which re-
Comp. Gen. 994, May 10, 1987; 17 Comp. duced (23 Comp. Gen. 201, September
Gen. 1061, June 9, 1988; 19 Comp. Gen. 18, 1948).
20, July 7, 1989; 18 Comp. Gen. 228, Sep-
As to the payment of less than the
tember 6, 1988 ; 19 Comp. Gen, 783, Feb- statutory rate, see statute on "Vol.
ruary 28, 1940; 19 Comp. Gen. 845, April untary service" and notes thereto on
8, 1940; 20 Comp. Gen. 17, July 10, 1940; page 425.
20 Comp. Gen. 451, February 14, 1941; *There is an administrative practice,
20 Comp. Gen. 579, March 31, 1941; 21 recognized as proper by decisions of the
Comp. Gen. 326, October 13, 1941; 21 Comptroller General, and covered by the
Comp. Gen. 386, October 28, 1941 ; 21 Commission's departmental circular No.
Comp. Gen. 791, February 21, 1942; 22 394, supplement 2, January 16, 1943, of
Comp. Gen. 489, November 23, 1942).
paying a differential in compensation
*Where an employee ceases to be not to exceed 25 percent to employees
compensated under the 40-hour week with posts of duty outside the conti-
statute of March 28, 1934 (see page nental limits of the United States. This
464.01) and becomes subject to the practice is general in scope and appli-
Classification Act of 1923, as amended, cable regardless of the law pursuant to
either through transfer from one posi- which the basic compensation of the
tion to another or through the initial employees is paid (23 Comp. Gen. 319,
allocation of his position under the November 1, 1943). As the rule author-
Classification Act, his salary rate may izing transfers between classified posi-
be that of such salary step in the classi- tions without loss of basic compensation,
fied grade to which the position is allo- stated elsewhere on this page, was
cated as will cause no loss, or as little intended to save basic compensation at-
loss as possible, in the total compensa- tained by operation of the Classification
tion when the gross compensation (in-
Act of 1923, as amended by the act of
clusive of overtime compensation) au-
thorized for the unclassified position is August 1, 1941 (see page 447), it is not
compared with the gross compensation for application to sare, upon transfer
(basic plus overtime or additional war-
to & position within the continental
time compensation) authorized for the United States, a differential based solely
classified position for the same period upon the location of the former position
of time (23 Comp. Gen. 160, Septem- outside the continental United States
ber 1, 1943; decision, Comptroller Gen. (decision, Comptroller General, Septem-
eral, August 11, 1944).*
ber 4, 1944).*
(September 21, 1944)
89
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
In reinstatement and transfer cases, | from said date, provided the other
the Commission is primarily concerned conditions necessary to make the ap-
with the qualifications of the proposed pointment effective have been fulfilled
appointee and not with the proper on said date (17 Comp. Gen. 369, Oc-
salary rate payable. The responsibility tober 28, 1937).
for determining the proper salary rate *As to the use of Standard Form 63
in such cases rests upon the agency con- to obtain information necessary for de-
cerned (Commission's minute 2 of Sep- termining the effective date of employ-
tember 27, 1943).
ees' entrance on duty in cases of trans-
Efective date of appointment.Com- fer, see notes on page 155.*
pensation may not be paid to an em- SPECIAL REQUIREMENTS APPLIED AT TIME
ployee prior to the effective date of his
OF APPOINTMENT
appointment, and un appointment may
Physical Requirements
not be made retroactively effective to
cover services rendered. Appointments [See section 3 of war-service regulation II]
are effective from date of acceptance
Standards applied in determining
and entrance on duty after the appoint- physical fitness. The following state-
ing power actually takes action, unless ment will be used in examination an-
a later date is stated in the appoint- nation is for a position which does not
nouncements except where the exami-
ment, and may not be retroactive.
(See 8 Comp. Gen. 582, May 3, 1929; 17 require full physical ability for the per-
formance of the duties :
Comp. Gen. 323, October 11, 1937; 18
“Applicants must be physically ca-
Comp. Gen. 907, June 5, 1939; and 20 pable of performing the duties of the
Comp. Gen. 267, November 19, 1940).
position and be free from such defects
The rendition by a newly appointed or diseases as would constitute employ-
employee of service of any substantial ment hazards to themselves or endanger
kind, however temporary (whether thier fellow employees or others.
duty, instruction, training, observation, Where an examination is being an-
selection, or probation), after having nounced for a position which does not
otherwise qualified for the position is require; for the performance of the
sufficient to justify an administrative duties, full physical ability, the follow-
certification that the employee has | ing sentence should be added to the
entered upon duty, even though the em- statement just quoted :
ployee has not arrived at his first per- "Persons with physical handicaps
manent duty post, so as to authorize which they believe will not prevent their
payment of salary (22 Comp. Gen. 869, satisfactory performance of the duties
March 6, 1943).
stated above are invited to apply."
*An employee who accepted an ap- Where the appointing officer and the
pointment to a position effective on Commission*t have agreed that it is
Saturday, a regular workday, and took advisable to insert a more detailed
the oath of office on that day but did statement as to physical requirements,
not enter upon duty until the following the detailed statement covering such
Monday, the next workday, is entitled requirements will follow this general
to compensation for the intervening statement. In addition, offers of ap-
Sunday, but not for Saturday (decision, pointment or notices to report for work
Comptroller General, August 21, 1944).* will specify these requirements and will
Where the law provides for appoint advise the prospective appointee not
ment of eniployees by one officer with to report unless he meets such require-
the approval of another officer, the ap- ments (departmental circular No. 323,
proval when given relates back to the revised, March 30, 1942; actions of Con-
date of action by the appointing officer mission, January 4, 1943, and August 4,
and makes the appointment effective | 1944).
(September 21, 1944)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT 89.01
on
*Responsibility for determining phys- | medical officer desires advice, the Med-
ical itness.-In direct-recruiting cases, ical Division of the Commission's cen-
the responsibility for determining tral office or the medical officers of its
whether or not the appointee meets the regional offices may be asked for an ad-
physical requirements rests with the visory opinion. Appointing officers are
Commission. (See page 48.01.) In
urged to make use of the Commission's
other cases, the employing agency has facilities with the object of determining
been granted authority to approve an
whether or not defects recorded on the
appointee insofar as physical condition
medical certificate would render the
is concerned, but not to disqualify an eli-
gible on grounds of physical condition prospective employee a hazard to him-
unless this authority has been specifi- self or to others or would prevent him
cally delegated. Objections to eligibles
from performing acceptable duty.
on grounds of physical condition must be
Principles to be followed in passing
presented to the Commission and sus-
cases involving communicable dis-
tained before appointment may be made eases are set forth in the notes below.
of an eligible who would not otherwise The provisions of the preceding para-
be within reach. As to procedure in sub-graphs as to responsibility for deter-
mitting such objections, see page 86.22. mining whether the appointee meets the
With respect to the reemployment of physical requirements are applicable
former Federal employees who have been to all types of appointments, including
retired because of physical disability, in new appointments, reappointments, re-
whose cases prior approval of the Com- assignments, promotions, demotions, and
mission is required, see page 122.
inter- and intra-agency transfers (de-
The general criterion followed in departmental circular No. 323, revised,
termining whether an appointee meets March 30, 1942; departmental circular
the physical requirements is the eligi- No. 323, revised, supplement 24, August
ble's ability to perform duty efficiently 20, 1943; departmental circular No. 493,
and without hazard to himself or to July 3, 1944; departmental circular No.
others. To determine whether this cri- 493, supplement 3, September 11, 1944).*
terion is met by the applicant, it will Medical certificate. Civil Service
often be necessary to consult a doctor | Commission Form 2413 (medical certi-
of medicine. Where an agency has a ficate) will be used to secure evidence
medical officer, his recommendation as to the physical fitness of the ap
should be sought. Where there is no
Where there is no pointee. For the method of obtaining
medical officer, or where the agency this certificate, see page 103.
(September 21, 1944)
90
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
or
*Communicable diseases. Where the still under medical care (departmental
medical certificate indicates that a com- circular No. 493, supplement 3, Septem-
municable disease may be present, ap- ber 11, 1944).
pointment should not be approved until Physical defects and noncommunica-
the appointing officer has assured him- ble discases.-For all classes of positions
self, by medical advice, that the condi- where medical certificates disclose a
tion, if present, is in such a stage that history of, or present existence of,
it will not render the employee a hazard mental disease, epilepsy, diabetes, or-
to himself or to others. The communi-ganic heart disease, seriously defective
cable diseases encountered most fre- vision, severe crippling condition, or
quently in medical certificates are: (1) severe hypertension, the appointing of-
Tuberculosis; (2) gonorrhea ; (3) lym- ficer should consult the Commission's
phopathia venereum; (4) lymphogranu- medical officers with the view of deter-
loma inguinale; (5) syphilis.
mining whether or not sich defects
The requirements as to tuberculosis would render the prospective einployee
are set forth in a special note below. a hazard to himself or fellow employees
Where the medical certificate indi- others. Diabetes mellitus
mellitus under
cates that gonorrhea, lymphopathia proper control, is not considered dis-
venerein, or lymphogranuloma ingui- qualifying for nonarduous-duty posi-
nale may be present, appointing officers tions (departmental circular No. 283,
should secure medical advice that these supplement 1, June 8, 1943; depart-
conditions have been arrested, or are mental circular No. 493, supplement 3,
under control by treatment and are non- September 11, 1944).
communicable. Such medical advice Employment of persons with a history
may be from the medical officer of the of tuberculosis.--Under no conditions
agency or from the Commission's medi- should persons with active tuberculosis
cal officers.
be employed. Persons with arrested
Where a medical certificate discloses cases of tuberculosis may be employed
a history of syphilis, the case should be if the condition has been arrested for a
referred to the central office of the Com- sufficient length of time and the general
mission at Washington, D. C., for in health is good. The length of the period
vestigation and decision. In the case of during which the disease must have
field appointment, the reference been arrested depends upon the nature
should be through the office of the Com- of the work and upon the working condi-
mission's regional director. If investi. tions: In Federal employments (includ-
gation shows that the appointee has had ing most desk and sedentary types of
two years of adequate treatment and is positions) where the work is light,
sedentary, or moderate and the employ-
capable of performing the duties of the
ment is not subject to unusual hazards
position without being a hazard to him-
of temperature, humidity, or dust or
self or to others, and that the disease other air contaminations, it is sufficient
is in a noncommunicable stage, the ap- that the disease be “arrested” as defined
pointment will be approved without below; for arduous-duty positions, or
further question. Those persons who positions where there are unusual em-
have had inadequate treatment but are ployment surroundings, the period pre-
not a hazard to themselves or fellow scribed in (4) of the definition below
workers will be accepted pending com- imy not be sufficient, and a longer period
pletion of treatment and medical obser- | may be prescribed, depending upon his-
vation, and thereby afforded an oppor- tory of amount of disease, recommenda-
tunity for employment while they are I tions of the private physician or hospi-
{
1
(September 21, 1944)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT 90.01
tal, and the opinion of the Federal dence in the medical certificate, the em-
medical examiner who reviews the case. ployment record, or other evidence in-
An arrested case is defined as one in dicates that the employee's physical con-
which :
dition is not satisfactory at the present
(1) Constitutional symptoms are ab- time. The form will be completed and
sent;
approved prior to certification if the
(2) Sputum, if any, is concentrated history of tuberculosis has been disclosed
and found microscopically negative for
at that stage in processing. The fee for
tubercle bacilli ;
the examination on which Form 4434 is
(3) Lesions are stationary and ap-
based must be paid by the applicant
parently healed according to X-ray ex-
amination, and there is no evidence of where made by a private doctor of
pulmonary cavity;
medicine.
(4) These conditions have existed
Where an agency has a medical offi-
for a period of six months, during the cer, he may decide whether the employee
last two of which the patient has been may enter on or continue on duty while
taking one hour's walking exercise twice the investigation is being made. In
daily, or its equivalent.
other questionable cases of tuberculosis,
Where the medical certificate (Civil especially when persons are receiving
Service Commission Form 2413) shows lung collapse therapy or where the po-
a history of tuberculosis arrested for a sition to be filled involves exposure to
period of less than five years, a special dust or to unusual hardship or unusual
form (Civil Service Commission Form climatic conditions, the opinion of the
4434, which may be obtained in limited Commission's medical officers should be
quantities from the Office Services Divi. sought (department circular No. 472,
sion of the Commission) must be se- March 3, 1944, and supplement 1 thereto,
cured and the two forms referred to the July 19, 1944; departmental circular
Commission's central or regional office No. 493, supplement 3, September 11,
for investigation. Even where tuber-1944).
culosis has been arrested for five years As to additional precautions against
or more (excluding the 6-month period the employment of tubercular persons in
referred to in the definition above), the the departmental service, see notes on
Form 4434 must be secured if the evi- | page 104.01.
(September 21, 1944)
91
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
Employment of the physically handi- These statements which referred to
capped.-Executive Order No. 1060 of employment of the handicapped in "in-
April 7, 1909, provides as follows: dustry" also apply with equal force to
"Deaf-mutes may be admitted to ex- the employment of the handicapped in
amination for all places in the classified the Federal service, and the Commis-
civil service of the United States whose sion, realizing that success in placement
duties, in the opinion of the heads of of persons who have a physical dis-
the several executive departments, they ability depends upon the cooperation of
may be considered capable of perform- the appointing officer, believes that the
ing, and each department will furnish direction of the President and of the
to the Civil Service Commission a list War Manpower Commission should be
of such positions, which list shall not followed in Government employment
be changed without previous notice to where practicable.
the Commission, and in accordance with *Purchase of special equipment to
which the Commission shall certify overcome physical handicap.-It is the
or withhold from certification deaf- established rule that the cost of special
mutes as they are reached in their equipment to enable an employee to
order."
qualify himself to perform his official
A list of such positions is contained duties constitutes a personal expense of
in the Commission's Form 1786, and the employee and, as such, is not payable
a list of positions for which the hard from appropriated funds. However, in
of hearing may be considered is con- view of the present difficulty of secur-
tained in the Commission's Form 1786a. ing qualified employees, the rental by
Applications from deaf-mutes for ex- the Treasury Department of an ampli-
aminations for any of the positions fying device to be attached to an official
named in Form 1786 will be accepted telephone as a means of obtaining the
by the Commission, when such examina- | best results from an employee physi-
tions are held, provided such persons cally handicapped by deafness may be
are otherwise eligible. Their admis considered necessary for the expeditious
sion to examination, or certification for and satisfactory performance of Gov-
appointment, will not deprive the ap- ernment business, and, therefore, the
pointing officer of his usual right of rental thereof is a proper charge against
choice in selecting eligibles; and the the department's appropriation (23
appointing officer's willingness to con- Comp. Gen. 831, May 2, 1944):
sider such eligibles for the positions Psychoneurosis.-In passing upon the
listed does not, of course, bind him to physical fitness for appointment or reas-
appoint them to any particular positions signment of veterans discharged because
for which speech or good hearing, or of psychoneurosis, it is suggested all of-
both, are essential, in his opinion, to ficials concerned should bear in mind the
the efficient performance of the duties facts that:
(Civil Service Commission Form 1786). (1) Persons returning from the armed
The President of the United States forces may need a certain length of
in an address of October 12, 1942, stated time to readjust themselves to civilian
that to administer a sound manpower life after the widely different conditions
policy "we should be compelled * which they have encountered in the
to use older men and handicapped Army;
people
(2) Members of the armed forces are
The War Manpower Commission subjected to nervous strains which far
stated in regard to the employment of exceed those normally encountered in
the handicapped, that "Industry must civilian life;
not disqualify him for his disability, it (3) Statistics indicate that service-
must qualify him for his ability." men and women who develop emotional
(September 21, 1944).
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT 91.01
difficulties in the present war have | hygiene service) on all handicapped
a better chance of recovering than have persons placed, indicating type of de-
persons who develop the same type of fect, work-limitation class, and place
difficulty in civilian life;
of initial and subsequent assignments.
(4) The term "psychoneurosis" is (3) On all proposed reassignments
not synonymous with "psychosis” or in- or transfers of handicapped cases, if
sanity, but refers merely to a condition there is a question in the minds of per-
characterized most commonly by the sonnel officials, supervisors, and fore-
individual's inability to control worry men as to the ability of the handicapped
and nervous tension (departmental cir- worker to perform the duties of the
cular No. 483, supplement 2, July 20, position for which he is being consid-
1944).
ered, appropriate clearance should be
Determination of physical limitations
obtained through the industrial hygiene
as to reassignment.
It is incumbent
In this
upon appointing officials to exercise service of the establishment.
care in selecting employees for transfer connection, there should be close coop-
to any position involving active, ardu-eration between the industrial hygiene
ous, or potentially dangerous duties, in service and the safety branch of the
order to determine that the transferees establishment (departmental. circular
meet the suitable medical standards for No. 323, revised, supplement 24, August
the positions to which appointment is 20, 1943, and supplement 28, July 20,
proposed. The recommendations con-
1944; departmental circular No. 485,
cerning physical fitness of appointees June 26, 1944).
for job assignments which are made by
Effect of lowering of physical require-
medical officers to appointing officers ments in a new examination.-For the
should include any statement which duration of the emergency, where the
mạy be necessary regarding physical physical requirements for a given posi-
limitations as to reassignment. It is tion have been modified in an examina-
recommended that the following prin- tion announcement, action on medical
ciples be followed in Government indus-certificates in the case of eligibles or
trial establishments :
prospective appointees, whether such
(1) If the medical certificate at the eligibles or appointees are from the
time of appointment indicates a physi- old or the new register, will be based
cal handicap or defect which limits an on the newest physical requirements for
individual's working ability, or which the position (Commission's minute 2 of
would be seriously aggravated by cer- January 19, 1942).
tain types of work, the individua! Certification to positions other than
should be classified so as to indicate to those for which examination was held.-
personnel officials, supervisors and fore- In certifying eligibles to fill vacancies
men, in lay terms, the type of work the in positions other than those for which
individual should avoid.
an examination was specifically held,
(2) A code classification showing the physical requirements of the posi-
work limitations should be devised, and tion to be filled rather than those of
code letters or numbers should be the position for which the examination
placed on the handicapped employee's | was held will be applied (Commission's
badge in the most inconspicuous man-minute 6 of March 5, 1941).
ner possible. The meaning of the Persons temporarily appointed prior to
classification code should be made plain March 16, 1942, because of failure to
to all personnel officials, supervisors, meet the physical requirements for pro-
and foremen. Record cards should be bational appointment.--See notes, page
kept (preferably in the industrial '214.
610910 0 - 44 - 2
(September 21, 1944)
92
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
Appropriation Act Restrictions on of the Commonwealth of the Philip-
Employment of Noncitizens pines or to nationals of those countries
[See section 1 of war-service regulation II] allied with the United States in the
prosecution of the war.tt" (The
Admission of noncitizens to examina-
term "declaration of intention" is in-
tion.—See notes on page 52.01.
Statutory provisions.-Section 205 of terpreted by the Second Deficiency Ap-
the Independent Offices Appropriation propriation Act, fiscal year 1938, 52
Act, *1945 (Public Law 359, 78th Cong., Stat. 1114, June 25, 1938, as meaning "a
declaration of intention which is valid
June 27, 1944),* provides as follows:
"Unless otherwise specified and until and has not expired.”)
July 1, *1945,* 10 part of any appropri- Certain express exceptions from the
ation contained in this or any other act restriction made by the sections cited
shall be used to pay the compensation are set forth on page 96. Similar sec-
of any officer or employee of the Gov- tions had appeared for a number of
ernment of the United States (includ- years in the annual appropriation acts
ing any agency the majority of the for some of these agencies. A number
stock of which is owned by the Govern- of interpretations made in connection
ment of the United States) whose post with these earlier acts are summarized
of duty is in continental United States on pages 93 to 95. For interpretations
unless such person (1) is a citizen of of the phrase "declaration of inten-
the United States, (2) is a person in tion,” see 20 Comp. Gen. 94, August 15,
the service of the United States on the 1940; 20 Comp. Gen. 201, October 18,
date of the enactment of this act who, 1940; and 20 Comp. Gen. 207, October
being eligible for citizenship, had filed 24, 1940).
a declaration of intention to become a The District of Columbia Appropria-
citizen of the United States prior to tion Act, *1945 (section 9, Public Law
such date, or (3) is a person who owes 371, 78th Cong., June 28, 1944),* con-
allegiance to the United States : Pro- tains the following provision :
vided, That for the purpose of this “No part of any appropriation con-
section, an affidavit signed by any such tained in this act or authorized hereby
person shall be considered prima facie to be expended shall be used to pay the
evidence that the requirements of this compensation of any officer or employee
section with respect to his status have of the Government of the United States,
been complied with: Provided further, or of the District of Columbia unless
That any person making a false afi- such person is a citizen of the United
davit shall be guilty of a felony and, States, or a person in the service of the
upon conviction, shall be fined not more
United States or the District of Colum-
than $1,000 or imprisoned for not more
bia on the date of the approval of this
than one year, or both: Provided fur-
ther, That the above penal clause shall act who being eligible for citizenship
be in addition to, and not in substitu- had theretofore filed a declaration of
tion for, any other provisions of exist intention to become a citizen or who
ing law: Provided further, That any
owes allegiance to the United States.
payment made to any oficer or em- This section shall not apply to citizens
ployee contrary to the provisions of of the Commonwealth of the Philip-
this section shall be recoverable in pines tor nations of those countries
action by the Federal Government. allied with the United States in the
This section shall not apply to citizens | prosecution of the war effort."*
(September 21, 1944)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT
113
ever, will be placed by the Commission case where the authority issued for the
on the recruitment of qualified persons appointment was war-service indefinite
for appointment to part-time positions (letter of Commission to Director, Tenth
in critical categories such as stenog. U. S. Civil Service Region, March 4,
rapher, typist, tabulating-machine 1944).
operator, telephone operator, etc. (de- Part-time positions in the local war
partmental circular No. 389, revised, price and rationing boards of the Office
July 10, 1943).
of Price Administration are not sub-
Persons already employed elsewhere.-ject to the provisions of departmental
Persons employed in full-time positions circular No. 389. Part-time appoint-
in the Federal service will not be eligi- | ments to such positions will be approved
ble for the part-time appointments de under the same authority as any other
scribed in the note above. It will be war-service appointments, i. e., (1) tem-
the responsibility of appointing officers porary appointment limited to a definite
to determine that persons certified for period of one year or less, or (2) in-
part-time appointment are not so em- definite appointment (action of Com-
ployed at the time they enter on duty. mission, April 5, 1944).*
Persons employed full-time in private Requests for certification of eligi-
industry are eligible for part-time em- bles.-Personnel for part-time employ-
ployment in the Federal service. Priorment may be requisitioned in the same
consideration in filling part-time posi- manner as for full-time employment;
tions will be given, however, to eligi- i. e., by submission of a request for
bles who are not already employed full eligibles on Standard Form 39. The
time in private industry (departmental part-time nature of the proposed em-
circular No. 389, revised, July 10, 1943). | ployment should be clearly indicated
*Nature of appointments. Where in the space for remarks (departmental
persons who apply for part-time employ- circular No. 389, revised, July 10, 1943).
ment would be within reach for certifi- Report of appointment.-- See notes on
cation if the requisition were for tem- page 205.
porary full-time employment, they will Working hours permitted.-Part-time
be certified for "Temporary War Serv- employees may work any number of
ice Appointments Not to Exceed One hours per week up to a maximum of
Year (Full-time))." Persons so certified three-fourths the number of hours of the
may be appointed for part-time duty. regular tour of duty prescribed for full-
The note entitled: "Working hours per- time employees, and may work during
mitted”, below, does not apply to persons part or all of any shift. The number
so certified and their working hours may of hours to be worked per week, how-
be fixed at the discretion of the appoint- ever, shall be definitely fixed before the
ing agency subject to existing provisions appointment is effected and may not be
of law, Executive orders, and Comptrol- exceeded in any one week. Any change
ler General's decisions.
in the total number of hours to be
Where persons who apply for part- worked per week shall be a matter of
time employment are fully qualified but record within the department, bureau,
are not equally qualified with the best or agency prior to the effective date of
qualified available for full-time duty, the change (departmental circular No.
their appointments will be authorized as 389, revised, July 10, 1943). As to cases
"Temporary War Service Appointments in which the prior approval of the Com-
Not to Exceed One Year (Part-time)" mission must be secured for changes in
(departmental circular No. 468, Febru- working hours, see page 163.
ary 24, 1944).
Compensation. On and after May 1,
Part-time appointments may be con- 1943, the basic annual salary of part-
sidered war-service indefinite in any time employees may be determined by
(September 21, 1944)
113.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
dividing the number of hours in the lar tours of duty, see page 475.01.
weekly tour of duty of the part-time Changes in status of part-time em-
employee by the number of hours in ployees. See notes on page 163.
the workweek of a full-time employee Changes of part-time employees to
of the same class and multiplying the full-time.-See notes on page 163.*
quotient by the per annum rate fixed Leave.-Part-time employees may not
by the Classification Act for a full-time be granted annual or sick leave (de-
employee in the same position. The partmental circular No. 389, revised,
overtime pay on an annual basis of a July 10, 1943).
part-time employee is 15 percent of his Retirement,Retirement deductions
basic annual salary. A decision of the should not be taken from the pay of
Comptroller General of May 17, 1943 (22 | the part-time employees under consid-
Comp. Gen. 1043), includes other useful eration herein, since the appointments
formulae for computing annual salary are for a period not to exceed one year,
and overtime pay for part-time em- unless such employees are eligible for
ployees (departmental circular No. 389, retirement benefits by continuity of
revised, July 10, 1943).
service, by reinstatement, or otherwise
*As to compensation of part-time em-(departmental circular No. 389, revised,
ployees for work in excess of their regu- 1 July 10, 1943).
+
(September 21, 1944)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT
114
If an
Changing full-time employees to part- | on a copy of the list. This copy should
time.-Prior approval of the Commis- show the action taken on the name of
sion will not be required for the change each eligible who was contacted in
in status of a full-time employee to any manner or about whom inquiry
part-time unless there is involved a was made, i. e., “A” (Appointed *under
change in grade or duties *which would war-service regulation V*), "NS” (Not
require prior approval of the Commis- selected), “CRU" (Communication re-
sion under the general promotion policy turned undelivered), “D” (Declined),
set forth on page 158.* The tenure of "FR" (Failed to reply), "TR" (Au-
an employee changed from full-time to thority for transfer of eligible l'e-
part-time is the same as the tenure he quested), "R" (Authority requested
held prior to the change, and retire- for reappointment of eligible separated
ment should be deducted if it was de- from former Government position
ducted prior to the change. However, within preceding 30 days), *Intra-
such an employee is not entitled to an- tran" (Intra-agency transfer),* in
nual or sick leave. *It is suggested order that the Commission's records may
that any accumulated leave be used be- be kept current with regard to avail-
fore the change in status becomes ef- ability of eligibles. Any information
fective; as to possibility of recrediting concerning an eligible to which none of
leave where the employee later returns the above symbols specifically applies is
to full-time employment, see section 4.9 to be written in full on the report and
(b) of the Leave Regulations (page 488) keyed to the name of the appropriate
and note on page 497.*
eligible. The date of the report and
An employee changed from full-time the salary offered each eligible con-
to part-time may be changed back to tacted should always be shown.
full-time without prior approval of the eligible is not selected for reasons
Commission if such return involves no which would appear to indicate his
change in grade or duties *which would unsuitability for employment in the
require prior approval of the Commis- Federal service, such information
sion under the general promotion policy should be reported to the Commission
set forth on page 158.* The journal | in order that appropriate action may
report (see page 203) in such a case be taken in such cases (departmental
should indicate clearly that the em- circular No. 77, June 13, 1931; depart-
ployee had previously been changed mental circular No. 201, October 16,
from full-time to part-time and show 1939; departmental circular No. 323,
the date of such change.
revised, March 30, 1942; departmental
In view of the present labor market, circular No. 421, April 27, 1942).
the Commission urges that departments (For submission of reports on persons
and agencies discourage changes of appointed from individual letters of
full-time employees to part-time. It is authority, see notes on "Direct re-
believed that an employee should not cruiting”, page 48.01.)
ordinarily be permitted to change to a
*Where an eligible is disqualified un-
part-time basis unless his services will der section 9 of the Civil Service Act,
otherwise be completely lost (depart pertaining to the number of members of
mental circular No. 389, revised, July the same family who may be employed
10, 1943; * letter of Commission to di- in the classified service, the report on
rector of the Eleventh Civil Service the certificate must so indicate, and the
Region, March 20, 1944).*
appointing officer must submit full in-
formation to support his finding (depart-
REPORTS OF ACTION TAKEN BY
mental circular No. 493, July 3, 1944).*
APPOINTING OFFICER
In cases where one or more of the
Manner of submitting reports.-Re- positions for which the list was re-
ports of action taken on lists of names quested has been filled in some other
will be made by appointing officials to manner, the report should state ex-
the Commission or the regional director plicitly whether the position has been
(September 21, 1944)
115 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
filled by transfer, promotion, or reap- 1 be made on eligibles who decline, fail
pointment, and should give the name to reply, or whom the agency has defi-
of the person to be placed in the nitely decided not to appoint, in cases
vacancy and the date effective.
where it is found impossible to return
*If an appointing officer has passed a final report within 7 days.
over any eligible as unavailable because Revisions of the partial report may
the eligible declined or failed to reply, be indicated in amendments submitted
a copy of the offer of appointment, if in with the final report. In order to facil-
writing, must be submitted with the re- itate the review of partial and amend-
port on the certificate; the letter or other ed reports, such reports should be made
notice of declination, and the envelope by form instead of by letter (depart-
in the case of any communication which mental circular No. 290, November 25,
has been returned undelivered, must also 1941). A sample of a proposed partial
be submitted. It is requested that cor- report form and of a proposed amended
respondence from eligibles concerning report form is attached to departmental
their availability be forwarded with the circular No. 290, November 25, 1941.
report on the certificate even though the (For issuance of original and supple-
eligible, while not appointed, was not mentary lists to fill large numbers of
passed over, as this helps the Commis- vacancies, see notes on page 73.)
sion to give better service to other ap- Amended reports.---Amended reports
pointing officers.* Examination papers on certificates should be made promptly,
furnished with the certificate should be particularly in the case of cancelation
returned with the report.
of appointments. Since the names of
If the date on which a person selected eligibles who are reported as selected
from the certificate is to report for for appointment are removed from the
duty is subsequent to the report on register, eligibles whose appointments
the certificate, & notation should be are later canceled may lose opportuni.
placed on the report to the effect that ties for further certification iſ reports
the required forms will be submitted of such cancelation are not submitted to
at the time of entrance on duty. The the Civil Service Commission immedi-
letter transmitting these forms should ately (departmental circular No. 147,
refer to the certificate number (depart- October 26, 1936). After an appointing
mental circular No. 77, June 13, 1931; officer has notified the Commission of his
departmental circular No. 162, April cancelation of an appointment, he has
19, 1938; departmental circular No. no authority to withdraw the notice and
279, August 16, 1941; departmental cir- appoint the person previously certified
cular No. 421, April 27, 1943; Civil Sery- without the prior approval of the Com-
ice Commission Form 4650).
mission (see 20 Op. Atty. Gen. 64, April
If a medical certificate has been se-8, 1891).
cured from an eligible who failed of Amended reports on certificates should
appointment, it should be forwarded to show the original action, if any, re-
the Commission or its regional office ported for each eligible whose name ap-
with the report on the certificate in order pears on the amended report (depart-
that it may be attached to the exami. mental circular No. 279, August 16,
1941).
nation papers for referral to other ap-
When making amended reports on
pointing officers (departmental circular
lists of eligibles, or returning examina-
No. 320, February 18, 1942;. depart- tion papers which have been separated
mental circular No. 323, revised, March from the report on the list, the appoint-
30, 1942).
ing officer should give the certificate
Partial reports. Partial report number (departmental circular No. 128,
should be made on long certificates wien December 27, 1934).
possible, as soon as a large part of the
Submission of names of eligibles to
eligibles at the head of the certificate other appointing officers prior to reoeipt
have been regularly considered for ap- of report on list of eligibles.-Reports
pointment. Partial reports should also l on lists of eligibles must be made to the
(September 21, 1944)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT
116
Commission or to the regional office, as studied attention to the type of work
the case may be, within 7 days from for which he is best fitted and his
the receipt of such lists by the appoint- assignment or transfer thereto in ac-
ing officer. If the reports are not re- cordance with applicable regulations,
ceived in the Commission or the re- will save for useful and efficient Fed-
gional office, as the case may be, by the eral service many employees who would
end of the 7-day period, allowing a rea- otherwise either be separated or else
sonable period beyond the 7 days for retained in positions in which they
time of transmittal, the names of eligi- have little prospect of success (depart-
bles submitted for positions paying mental circular No. 191, supplement 1,
$2,000 a year or less will be submitted May 10, 1940).
to other appointing officers for consid- Length and effective date of trial.
eration, and the names of eligibles sub- period.-The trial period for all persons
mitted for positions paying more than who receive original appointments un-
$2,000 may be so submitted where neces- der the war-service regulations on or
sary in the discretion of the Commis- after June 8, 1942, will be one year.
sion (Commission's minute 3 of July 4, For persons appointed prior to that
1942).
date, but on or after March 16, 1942,
Reports of changes in civilian person- the trial period provided for by the
nel. See notes on page 203.
regulations in effect at the time the
appointment was made will continue to
TRIAL PERIOD
be applicable. (Under these regula-
[See section 3 of war-service regulation V; tions, the trial period was (a) 6 months
war-service regulation VIII)
generally; or (b) one year if the Com-
Purpose of trial period.—During the mission and the department or agency
trial period, the employee's conduct and concerned had previously agreed on a
performance in the actual duties of his probationary period of one year under
position may be observed, and his em- the civil-service rules for the particular
ployment may be terminated without position; or (c) one year if the Com-
undue formality if circumstances so mission and the department or agency
warrant. The trial period is therefore concerned had agreed upon a trial pe-
regarded by the Civil Service Commis- riod of one year under the war-service
sion as a final and highly significant regulations for the particular position.
step in the examining process. It pro- A list of positions for which such ex-
vides the final and indispensable test, tended trial periods were agreed upon,
that of actual performance on the job, with the effective dates of such agree-
which no preliminary testing methods ments, appeared on pages 291 to 296 of
can approach in validity. Thus, the the November 30, 1941, edition of the
trial period, properly employed, pro- "Civil Service Act and Rules".) Per-
vides protection against the retention sons who had received probational ap-
of any person, who, in spite of having pointments prior to March 16, 1942
passed preliminary tests, is found in (September 26, 1942, in the case of
actual practice to be lacking in fitness, deputy marshals and zone deputy col-
and capacity to acquire fitness, for lectors of internal revenue; November
permanent government service.
23, 1943, in the case of employees in
Properly used, the trial period af- the field service of the Post Office De-
fords an opportunity for fostering the partment who had actually entered on
interest of the employee as well as duty on or before that date, and whose
the service. Intelligent and consider- selection was in proper order from a
ate treatment during it, or the reverse, certificate issued for probational ap-
may often mark the employee's entire pointment on or before October 23, 1943,
working career. Careful observation of and was properly reportedl), and were
the employee's performance and under- serving their probationary periods on
standing of his problems, together with that date, will continue to serve the
-
117 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
a
probationary periods for which they | tained no specific provision for a trial
were appointed, rather than trial pe- period in the case of persons reap-
riods, and their rights with respect pointed under regulation VIII (depart-
to civil-service status are not affected mental circular No. 323, revised, supple-
by the war-service regulations. If they ment 10, October 13, 1942).
receive war transfer to another *A new trial period of one year is re-
agency, they are permitted to complete quired in connection with appointments
probation in the agency to which from the war reemployment list. (See
transferred.
page 128.)
The appointments of persons who ·As to service of the trial period by
were serving temporarily on March 16, transferred employees, see section 11 of
1942, the date of the adoption of the war-service regulation IX, page 38.*
war-service regulations, and whose ap- Extension of trial period to compen-
pointments were not specifically limited sate for furlough or leave-without-pay
to one year or less, were converted to period.—When an employee is granted
war-service appointments on that date. a furlough or leave without pay before
In such cases, the length of the trial he has completed his trial period, the
period is governed by the provisions of trial period is regarded as being ex-
the paragraph next preceding. The be- tended for a period equivalent to the
ginning of the trial period will be con- period of time he is in a nonpay status
sidered the date of original appointment (departmental circular No. 107, supple-
in the department or agency in which ment 6, August 17, 1939). (With re-
the person was employed on March 16, spect to reports on such periods of fur-
1942, when his appointment was con- lough and leave without pay, see notes
verted to a war-service appointment (de- on "Furloughs and leaves without pay,"
partmental circular No. 345, revision 2, page 206.
August 5, 1942; action of Commission, Military service not creditable toward
April 3, 1942; Commission's minute 4 of completion of trial period.-An employee
April 17, 1942).
who is inducted into the military service
Temporary (including short-term) during his trial period cannot be cred-
employees given indefinite war-service | ited toward the completion of that pe-
appointments in the same agency may riod with the time spent in the military
have the beginning of their trial period service (Commission's minute 1 of May
considered effective as of the date of 21, 1941). Upon restoration to his civil-
their original entrance on duty in the ian position he will be regarded as sery-
temporary position (departmental cir- ing his trial period until that period is
cular No. 323, revised, March 30, 1942). (completed (departmental circular No.
*The trial period of war-service ap- 438, October 22, 1943).
pointees in the Postal Service will be New trial period after demotion of
one year; in the case of substitutes, it person serving probationary or trial pe-
will be 2,448 hours of active duty riod. See notes on page 166.
(action of Commission, March 31, 1944; Advances of sick leave to employees
section 3 of war-service regulation V). serving their trial periods.-Sick leave
Cf. notes as to length of probationary | may not be advanced to an employee
period in the Postal Service on pages serving his trial period under the war-
258 and 259.*
service regulations in an amount that
Effective October 18, 1942, persons re- would exceed the amount that would
appointed under war-service regulation accumulate during such period (21
VIII will be required to serve a trial Comp. Gen. 989, May 5, 1942).
period of one year in accordance with Promotions and changes in status dur-
section 3 of war-service regulation V. ing the trial period.-See notes on
Prior to this date, the regulations con- page 157.
(September 21, 1944)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT
118
Eficiency ratings of persons serving period.-*Section 3 of war-service regu-
their trial periods.-See Civil Service lation V provides as follows:
Commission Forms 3823* (as amended “If and when, after a full and fair
by departmental circulars Nos. 474, trial during this period, the conduct or
March 14, 1944, and 486, June 6, 1944) capacity of the trial appointee be not
and 3823A for the uniform efficiency- satisfactory to the appointing officer,
rating system, and particularly for the the appointee may at any time there-
provisions thereof relating to the prepa- after during the trial period be so noti-
ration of efficiency ratings for persons fied in writing, and such notice shall
serving their trial periods.*
terminate his service.”
Salary reduction, demotion, or dismis- As to reductions in force involving
sal because of low eficiency rating.- employees serving their trial periods, see
See notes on page 166.
pages 185 to 192, and particularly page
Procedure in separation during trial | 185.01.*
1
(September 21, 1944)
LEAVE OF ABSENCE
502.01
i
of the Annual Leave Regulations, which of sick leave, the advance may be
provides that permanent employees may granted over a period that has passed,
be credited with 26 days' annual leave beginning with the first day of leave
at the beginning of a calendar year in without pay and extending for a con-
lieu of the monthly credit (decision, tinuous period, that is, including a
Comptroller General, May 2, 1944). As
period both before and after the ad-
to cases where leave is advanced with-
out knowledge that the employee is to ministrative approval of the advance
retire, see notes on page 503.
of sick leave (23 Comp. Gen. 731, March
Employees excluded from advances of
29, 1944).
sick leave by departmental regula-
*The leave status of an employee
tions.-Where an employee is not of a
over a period prior to death may be
class to which, under administrative considered administratively after death.
regulations, sick leave was authorized While the Sick Leave Regulations re-
to be advanced, there is no authority quire as a condition to the granting of
to pay him for a period of absence in accrued or advanced sick leave that
excess of accrued leave with pay and application therefor be made lf and
"while sick and carried on the rolls in when the employee returns to duty,
a nonpay status" (18 Comp. Gen. 221, nevertheless, in the event of an em-
September 2, 1938).
ployee's death before application is
Retroactive advancos, of leave.--Sec- made, an administrative office is not
tion 3 of the Sick Leave. Act of March precluded from granting without such
14, 1936, and section 8.8 of the Sick an application either accrued or ad-
Leave Regulations, controlling the advanced sick leave, within the limita-
vånce of sick leave, fx no limitation tions of the applicable law and regula-
upon the time when an employee may tions, over a period iinmedlately prior
apply for an advance of sick leave, or to death resulting from the illness or
upon the time within which the ad disability which caused the employee's
vance may be approved administra- absence (decision, Comptroller Gen-
tively. If an employee on leave without eral, August 21, 1944).*
pay because of illness and before re- Granting of sick leave prior to liqui-
turn to duty is qualified for an advance dation of advance.-Sick leave
an
(September 21, 1944)
503 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
granted to an employee prior to the regardless of the time when the excess
liquidation of an advance of sick leave or overdrawn leave was taken (18 Comp.
must be regarded as advanced, rather Gen. 383, October 27, 1938; 20 Comp.
than current, leave, and is subject to Gen. 154, September 16, 1940; *23
the regulations and decisions relating Comp. Gen. 677, March 16, 1944).*
to such advances (based on 16 Comp. The provisions of section 4.7 of the
Gen. 561, December 7, 1936).
Annual and Sick Leave Regulations
Responsibility of disbursing and cer- waiving refund for overdrawn leave in
tifying officers for advances of annual certain cases upon separation from the
and sick leave.-A disbursing officer is service are applicable only to leave law-
not liable for the indebtedness of an fully advanced (based on 18 Comp. Gen.
employee brought about by properly 853, May 13, 1939).
granted advances of sick or annual leave Compensation deductions are required
unliquidated prior to separation from in the case of an employee advanced
the service. Where such employee has current annual leave with pay who re-
insufficient unpaid compensation to his signs before earning such advanced an-
credit, he should be called upon to re-nual leave, regardless of length of service
fund the balance due, and failure to (based on 16 Comp. Gen. 105, August 1,
make refund should be reported to the 1936).
General Accounting Office for collection *An employee who, although eligible
purposes. However, a certifying officer for retirement for disability, voluntar-
who certified a pay roll including a sal- ily resigns from the service on account
ary payment for advanced sick leave in of disability without making applica-
excess of that allowable under the An- tion for retirement must refund the
nual and Sick Leave Regulations is re- compensation received prior to separ-
sponsible for the resulting overpayment ation from the service for advanced an-
of salary if it remains uncollected when nual or sick leave (21 Comp. Gen. 27,
the employee dies without having re- July 15, 1941). As to such resigna-
turned to duty (16 Comp. Gen. 755, Feb- tions by employees who are not found
ruary 10, 1937; 17 Comp. Gen. 276, Sep- eligible for retirement, see section 4.7
tember 23, 1937; 21 Comp. Gen. 766, of the Leave Regulations, page 488.*
February 12, 1942).
The provisions of section 4.7 of the
*Refund for overdrawn annual leave Annual and Sick Leave Regulations re-
by employees who remain in the serv- garding the refunding or noncharging
ice.--If an employee is granted annual of employees with amounts paid as com-
leave which is not subsequently pensation for periods of leave advances
earned during that calendar year, an are for application only upon the final
adjustment is required at the end of separation of an employee from the serv-
the calendar year. There is no au- | ice. At that time there is for consid-
thority to carry over the unaccrued an-eration whether all unearned annual
nual leave from one calendar year as a and sick leave should be charged to the
charge against annual leave accru- employee whether advanced in one or
ing in the next calendar year (decision, more periods. *The entry of an em-
Comptroller General, May 4, 1944).* ployee into the active military or naval
Requirement of refund from em- service without break in service is not
ployees separated from the service.-In to be regarded as a "separation" for
determining whether the conditions un- this purpose, whether the employee re-
der which employees are separated do signs from his civilian position or is car-
or do not require charging them for ried on leave without pay or military
overdrawn annual or sick leave, the furlough from that position. In like
regulations in force at the date of manner, an employee who is transferred
separation from service must govern, ito a public or private enterprise with
1
(July 5, 1944)
LEAVE OF ABSENCE
504
or
erroneous
Form 3037 should be executed in charged as a result of a mistake of fact
duplicate. One copy should be fur- or law, the action may be corrected to
nished to the General Accounting Of- the extent of substituting retroactively
fice, Claims Division, at the time the effective the leave with pay standing to
claim against the retirement fund (with the employee's credit on the date of sus-
the second copy of Form 3037) is sub- pension other
action
mitted to the Commission. The re- charging leave without pay, for a cor-
ports should show the dates on which responding period of leave without pay
the leave was granted, the exact periods (19 Comp. Gen. 716, February 9, 1940;
of all absences, the amount of leave 19 Comp. Gen. 959, May 28, 1940; 23
earned to date of separation, the rate Comp. Gen. 677, March 16, 1944).
of compensation and the complete title Leave may be substituted only where
of the appropriation under which paid an appropriation is available and the
for the unearned leave. In addition, it payment will not be in contravention of
should show the amount due appropria- the Dual Compensation Act of 1916 by
tion, amount of tax deductions, and bal- reason of payment to the employee of
ance for recovery from retirement another salary from appropriated funds
fund. For use by the General Account- during the same period (19 Comp. Gen.
ing Office, the report should show 716, February 9, 1940; 19 Comp. Gen.
whether the tax deduction has been 959, May 28, 1940).
taken up as Internal Revenue Collec-
Substitution of leave with pay for
tions or is being held in a special de- leave without pay after separation.--AD
posit account. If held in a special de employee may be paid after separation
posit account, the account should be from the service of one department by
fully identified (based on 16 Comp. Gen. appointment in another for a period
487, November 13, 1936 ; 16 Comp. Gen. during which he was administratively
649, January 14, 1937; retirement cir- furloughed without pay equal to the pe-
cular No. 83, supplement 1, September riod of annual leave accrued and unused
15, 1943).
prior to such separation (16 Comp. Gen.
As to disposal of collections for Vic- 818, March 6, 1937).
tory and withholding tax in cases of There is no authority to substitute,
overdrawn leave, see note on "Amount after an employee has retired for age
of refund for overdrawn leave," page and left the service, unearned annual
503.01.
leave to which the employee was not
entitled, as a matter of right, under the
SUBSTITUTION OF LEAVE WITH PAY FOR
act of March 14, 1936, 49 Stat. 1161,
LEAVE WITHOUT PAY
for a period of leave without pay prior
Circumstances under which substi- to retirement (18 Comp. Gen. 162,
tution may be made.-An employee who August 15, 1938).
applies for and is administratively
*The rule that the leave status of an
granted leave without pay at a time employee over a period prior to separa-
when he knows he has annual leave to tion may be considered administra-
his credit should not be permitted after tively after separation may be applied
return to duty to convert the leave under the sick leave act of March 14,
without pay to annual leave.
1936, and regulations thereunder, so as
When leave without pay is adminis- to authorize substitution, after the
tratively granted during a period of death of an employee, of sick leave for
suspension from duty which later is de leave without pay for a period prior to
termined to have been unjustified and the date of death. The submission of
the employee is restored to duty, or a formal application and supporting
when leave without pay otherwise is medical certificate may be dispensed
(September 21, 1944)
504.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
with in making such substitution for a cess annual leave which was forfeited
period of absence immediately prior to at the end of u calendar year, but has
death where death resulted from the been retroactively made available for
illness or disability which caused the recrediting by the act of December 17,
absence (decision, Comptroller General, 1942, may now be substituted for a
August 21, 1944).*
corresponding period of furlough or
Substitution of leave earned in a prior leave of absence without pay granted
temporary appointment.-As a series of in a succeeding calendar year, provided
temporary appointments or extensions that the employee has not left the
Federal service (other than for entry
thereof without break in service are
considered as one temporary appoint- timie. Only so much of the leave so
into the armed forces) in the mean-
ment, unused leave accrued prior to the
forfeited as was earned after Septem-
extension or new appointment without
ber 8, 1939, may be thus substituted.
break in service may be substituted The substitution should be made be-
for a period of leave without pay after ginning with the first day of the ab-
the date of the extension or new appoint- sence without pay. The amount paid
ment (18 Comp. Gen. 596, January 7, should be charged to the appropria-
1939; 20 Comp. Gen. 332, December 21, tion available for payment of the em-
1940; 20 Comp. Gen. 661, April 22, 1941). ployee's compensation at the time of the
Additional accumulated leave made furlough or leave without pay (22
retroactively available by statute.-Ex- Comp. Gen. 932, March 30, 1943).
(September 21, 1914)
LEAVE OF ABSENCE
505
Leave without pay granted for period the employee, be substituted for the
of private employment.—The annual period of unjustified suspension with-
leave to an employee's credit at time out pay, and the employee paid ac-
he applied for and was granted leave cordingly (based on 18 Comp. Gen. 136,
without pay during a period of em- | August 6, 1938; 17 Comp. Gen. 199,
ployment with a Government contractor August 30, 1937).
Where an employee was suspended
may be substituted, retroactively ef-
fective, for a corresponding period of from duty pending establishment of his
the leave without pay, provided the citizenship status, without which status
he could not have been employed and
salary in the private employment would
paid from the appropriation otherwise
not constitute a contribution toward available for his salary in view of a
Federal salary in contravention of the specific statutory prohibition, and is
act of March 3, 1917 (16 Comp. Gen. later restored to duty after a court
776, February 19, 1937; 20 Comp. Gen. decision rendered in another case re-
488, February 27, 1941; 22 Comp. Gen. moves the doubt as to his American
178, September 3, 1942). As to recredit- citizenship, the annual leave to his
ing of leave without pay after return credit on the date of suspension may
from private employment, see notes on
be substituted for an equivalent part
page 497.01.
of the period of suspension (19 Comp.
Unjustificd suspension.—The statu- Gen. 424, October 6, 1939).
tory right to annual leave of absence
As to the effect on charges to an-
with pay may not be denied because nual leave of special statutory author-
än employee has been suspended with ity to suspend employees and compen-
out pay where it is administratively de- sate them for the period of suspension
termined that the suspension was un-
after investigation and restoration to
justified. If the employee is separated active duty, see notes on page 202.
from the service at or subsequent to
*Leave without pay at beginning of
the period of unjustified suspension for calendar year.—Where a permanent em-
a reason other than the cause of the sus-
ployee was in à leave-without-pay
pension, annual leave may be substi- status at the close of a calendar year,
tuted for the period of suspension with- and did not return to duty until the
out pay and the employee paid accord- second workday of the succeeding cal-
ingly. If the employee is retained in
the service after the period of unjusti- endar year, it is within administrative
discretion to grant him annual leave
fied suspension, leave with pay accrued
retroactively to cover his absence on the
prior and subsequent to the period of first workday of the new year (23 Comp.
suspension, and leave accrued during Gen. 638, February 29, 1944).
the period of suspension, if less than Effect of substitution upon pay for
15 days, as well as leave with pay Sundays and holidays. It is a general
authorized to be advanced within the rule, although subject to further re-
limitations of the law and regulations, striction by administrative regulation,
may, within the discretion of the ad- that an employee who has been absent
ministrative office and upon election by i on leave without pay for a definite pe-
(July 5, 1944)
JK
633
A 22
CIVIL SERVICE ACT AND RULES
TRANSMITTAL SHEET NO. 14
September 28, 1944
These sheets should be cut or torn apart along the perforations.
They should then be substituted as shown on the back of this page
for
pages of the loose-leaf edition of the "Civil Service Act and Rules."
The steps in making the insertions are explained on page XX of the
introductory chapter, "How to Use This Book." The date of this
transmittal sheet and the date of filing should then be noted on the
"Filing Record" at the front of the book, and this page should be filed
immediately behind Transmittal Sheet No. 13.
When this filing is completed, pages 1 to 64, 69 to 80, 85 to 118,
123 to 135, 157 to 164, 185 to 220, 291 to 365, and 447 to 525 will be
up to date as of September 28, 1944.
Remarks
Additions have been made on pages 28, 157, 158, 159, 161, 162,
162.01, 163.01, 164, 164.01, 164.02, and 515.
Deletions have been made as indicated on pages 27, 28, and 158.
Changes have been made on pages 27, 28, 157, 158, 159, 159.01, 160,
161, 163, 163.01, 163.02, 164, 213, 214, and 215.
A considerable amount of the material which formerly appeared
on pages 160 and 161 has been transferred to other pages, as indicated
on the revised pages, because it was believed that this arrangement
would be more convenient to the user. The material deleted on page
158 has been rewritten and transferred to page 159, in order to avoid
repetition; there is no change in substance. The material on reas-
signment of substitute postal clerks which formerly appeared on page
162 will be printed on page 167 when that page is revised. It is
believed that the nature of all other changes will be obvious upon
comparison of the old with the new pages.
No page appearing in a particular installment has been changed in
that installment (except by transfer of material from contiguous pages)
unless the edition date of the page is the same as that of the trans-
mittal sheet. Stars are retained on reprinted pages to indicate the
last changes made on the page.
TRANSMITTAL SHEET NO. 14 (SEPTEMBER 28, 1944)
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NOTE. --Pages of the October 31, 1943, edition bear no edition date
in the lower outside corner.
DÉPOSITED BY THE
WAR SERVICE REGULATIONS
UNITED STATES OF AMERICA
26
Oct 2
(f) Publicity 24-No department or agency of the Government shall
give any publicity to its needs or prospective needs for personnel
through the press, in periodicals, trade or professional journals,
over the radio, or otherwise, without the express prior approval of
the Commission or its authorized representatives, and, after such
approval, only in accordance with the applicable directives and pro-
cedures of the Office of War Information. This subparagraph shall
apply to all positions which are subject ** to the War Service Regula-
tions or to the Civil Service Act and Rules.
(9) Furnishing of names.26_Upon receipt of a request for names of
qualified persons, the Commission shall certify from the head of the
appropriate list of eligibles a number of persons sufficient to permit
the nominating or appointing officer to consider three names in connec-
tion with each vacancy: Provided, That no certification shall be made
from a competitive list of eligibles, except of ten-point preference
eligibles, when there are three or more names of eligibles granted five-
or ten-point preference under these regulations on the War Reemploy-
ment List who are qualified and available for the position to be filled.
The eligibles supplied by the Commission will not include the names
of persons suggested by the appointing officer unless such persons are
within reach for certification in accordance with these regulations.*
The Commission will not normally certify the name of a person pro-
posed by an agency unless and until it has had a minimum period of
two weeks in which to certify qualified applicants in response to the
requisition. Under emergency circumstances, the Commission may
shorten the time period specified in the preceding sentence, and the
Commission may require a longer time period in the event of doubt
as to the qualifications of the proposed appointee and in the temporary
absence of other **qualified candidates.
Whenever public announcement is made of a special competitive
examination for filling a particular vacancy in which the statement
is made that the register will expire upon appointment to the par-
ticular vacancy, such vacancy may not thereafter be filled noncom-
petitively by promotion, transfer, *reappointment,* or otherwise.
Applications for such examination, however, may be accepted by the
Commission from persons who are currently in the Federal service, or
who have a status for reappointment to such service, and who are
specially recommended by the appointing officer at any time before
appointment is made to the vacancy involved. The qualifications of
such persons will be rated under the competitive standards observed in
the examination, and their names will be entered on the register and
certified as if they had originally filed an application in the competitive
examination.
24 See note on p. 47.01.
*
*
*
*
28 Based on sections 8 and 15 of the Veterans' Preference Act of 1944 (Public Law
359, 78th Cong., June 27, 1944; p. 10). See also notes on filling requisitions for personnel,
pp. 72 to 76.
*
(July 19, 1944)
27
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
(1) Return of requisitions.-Whenever a requisition for personnel
from any department or agency specifies qualifications which are, in
the judgment of the Commission, too exacting in the light of the
requirements of the job and of present labor market conditions, the
Commission will return the requisition. In returning such requisi-
tions, the Commission will indicate its willingness to work out with
the department or agency concerned some other solution of its need
for personnel, such as the development of a suitable training pro-
gram and the recruitment of necessary trainees for such a program.
(0) Direct recruiting.28—The Commission may, upon agreement with
the department or agency concerned, recruit persons directly for the
filling of specific vacancies.
Sec. 2. Sex.-Requisitions for personnel shall be filled without
regard to sex unless sex desired is specified by the appointing officer.
SEC. 3. Apportionment.29. In filling requisitions for appointment
in the departmental service of the departments or independent offices
procedures shall be followed which will maintain, as nearly as the
conditions of good administration warrant, the apportionment of
appointments among the several States and Territories and the
District of Columbia upon the basis of population, but the names of
eligibles who have been granted military preference shall be supplied
without regard to apportionment: Provided, That appointments to
the following positions shall not be so apportioned:
(a) In all departments and offices: All positions for which the
entrance salary is $1,440 or less per annum and all positions of tele-
phone operators, artisan positions in a recognized trade, craft, or
skilled (manual) occupation, helpers and apprentices in such occupa-
tions, and other subordinate employees, including laborers, in manual
occupations and including foremen of laborers, and other foremen
and supervisory artisan positions the incumbents of which are re-
quired, in the performance of their duties, to have knowledge of the
trades, crafts, or skilled occupations.
(6) In the Government Printing Office, mail-equipment shops, local
offices in the District of Columbia, field service of the military staff
departments and at Army headquarters: All positions.
SEC. 4. Selection.30-- The nominating or appointing officer shall, with
sole reference to merit and fitness, make selections for appointment
to each vacancy from not more than the highest three names available
for appointment on the certificate: Provided, That the appointing
officer need not consider any **eligible who has been within his reach
*in connection with three separate appointments or against whom ob-
jections shall be made and sustained for any of the reasons stated in
28 See notes on this subject on p. 48.
20 See notes on this subject, pp. 79.01 to 81.
* 30 As amended by departmental circular No. 493, supplement 4, September 28, 1944
(9 F.R. 11829).* Based on section 8 of the Veterans' Preference Act of 1944 (Public Law
359, 78th Cong., June 27, 1944 ; p. 10). See also notes on this subject, pp. 85 to 116.
(September 28, 1944)
WAR SERVICE REGULATIONS
28
Section 3 of Regulation II. The second and any additional vacancies
shall be filled in like manner.
An appointing officer who passes over an eligible granted five- or
ten-point preference under these regulations and tentatively selects a
nonpreference eligible, shall file with the Commission his reasons in
writing for so doing and the Commission shall determine the suffi-
ciency or insufficiency of such submitted reasons. The nonpreference
eligible tentatively selected may not legally be appointed until the
appointing officer has considered the findings of the Commission as
to the sufficiency or insufficiency of the reasons submitted for passing
over the preference eligible. Upon receipt of a finding of the Com-
mission that the reasons for passing over a preference eligible are
sufficient, the nonpreference eligible tentatively selected may be ap-
pointed. If the Commission finds that the reasons submitted are in-
sufficient the appointing officer may (a) submit additional information
in support of his reasons, in which case the appointment of the non-
preference eligible may not be made until the appointing officer re-
ceives the findings of the Commission on the additional information;
or (6) consider the findings of the Commission as to the insufficiency
and appoint either the preference eligible or the tentatively selected
nonpreference eligible. A copy of the appointing officer's reasons and
the Commission's findings shall, upon request, be sent to the eligible
or his designated representative. If upon certification reasons deemed
sufficient by the Commission for passing over his name shall three
times have been given by appointing officers,* certification of his
name for appointment will thereafter be discontinued, prior notice of
which shall be sent to the eligible.31 Any ** eligible who has been
within reach * in connection with three separate appointments in his
turn, and any preference eligible who has been passed over three times
for reasons deemed sufficient by the Commission, may be subsequently
selected, subject to the approval of the Commission, from the certificate
on which his name last appeared if the condition of the list has not so
changed as to place him in other respects beyond reach of certification.
* 81 The mere fact that a preference eligible's name has been passed over three times
with sufficient reasons does not require the Commission to remove his name from the regis-
ter if he is qualified for certification to other positions where his particular disqualifica-
tions would not apply (action of Commission, September 13, 1944).
In determining whether three findings of sufficiency have been made, only one finding
of suficiency will be charged in connection with a single certificate, even though the pref.
erence eligible may have been considered for more than one vacancy, and even though the
appointing officer may have submitted separate reasons for each nonpreference. eligible
selected after passing over him. When an appointing officer passes over a preference eligible
because he believes that he does not meet the minimum qualifications for the position and
the Commission agrees that the eligible should not have been certified for that position,
the matter will be considered merely as a correction of certification and not as a finding
of suficiency (action of Commission, July 26, 1944).*
(September 28, 1914)
28.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
REGULATION V
APPOINTMENT 33
SECTION 1. Appointment.-An eligible selected for appointment shall
be duly notified in writing by the appointing officer.
Sec. 2. Status of appointees.-Persons appointed under these regula-
tions will not thereby acquire a classified (competitive) civil-service
status. Unless otherwise specifically limited such appointments may
be for the duration of the present war and for 6 months thereafter.
Sec. 3. Trial period.—Except for persons appointed for a specific
period of one year or less, the first full year of service shall be a trial
period, satisfactory completion of which shall be considered part of
the entrance examination. If and when, after a full and fair trial
during this period, the conduct or capacity of the trial appointee be
not satisfactory to the appointing officer, the appointee may at any
time thereafter during the trial period be so notified in writing, and
such notice shall terminate his service. In the case of substitutes
in the Postal Service the trial period will be 2,448 hours of active
duty.* 34
SEC. 4. Emergency appointment without examination.—(a) In cases of
extreme emergency where positions must be filled without delay, and
where time does not permit the securing of prior authority, emergency
appointments for not to exceed 30 days may be made without examina-
tion and without specific authority of the Commission. This au-
thority shall not apply to positions in Washington, D. C., or to posi-
tions in cities where Regional Offices or Branch Regional Offices of
the United States Civil Service Commission are located. Such ap-
pointments may not be extended beyond the 30-day period without the
express prior approval of the Commission.
(6) Notwithstanding the provisions of this section, all existing
special agreements between the Commission and any department or
agency are continued in effect until further notice except that such
appointments will be made initially under Executive Order No.
9063. Approval of the Commission or the Regional Director * or his
representative must be obtained for continuation of such appoint-
ments beyond the period authorized by such agreements.
(c) Except as provided in subsections (a) and (b) of this section,
appointment without examination may be made only with the express
prior approval of the Commission.
33 See notes on placement and original appointment, pp. 70 to 118.
84 **The extension of the trial period to one year applies to all war-service appointments
effected on or after June 8, 1942. See notes on p. 116.
:
1
(July 3, 1944)
WAR SERVICE REGULATIONS
29
*(d) In making appointments under this section, the appointing
officer shall give first consideration to those qualified applicants who
are entitled to military preference under the provisions of these
regulations.
(e) The War Service Indefinite appointment in the same agency
or another agency of any employee serving under an emergency ap-
pointment under this section may not be authorized noncompetitively
under Regulation IX unless he has a status for reappointment under
Regulation VIII or unless he has served 90 days under such temporary
appointment and extensions thereof. Service under an emergency
appointment of a nonpreference eligible who is within reach for indefi-
nite appointment on an appropriate list of eligibles will not be con-
sidered as a satisfactory reason for passing over a preference eligible
higher on such list and selecting the nonpreference eligible.
Sec. 5. Noncompetitive appointment necessitated by war program.---
When, in the discretion of the Commission the exigencies of the war
program demand that a position be filled immediately before the
Commission has time to establish a formal list of eligibles the noncom-
petitive appointment of a qualified person who is immediately avail-
able may be authorized : Provided, 'That such an appointment shall
be a temporary appointment not to exceed one year and may be renewed
for one additional year at the discretion of the department or agency
concerned.*
SEO. 6. Positions which become subject to the war service regulations.-
The following classes of employees may be given war service appoint-
ments without prior approval of the Commission:
(a) Any person holding a position in a public or private enterprise
which is taken over by the Federal Government and who thereby be-
comes an employee of the Government.
(6) Any Federal employee 'holding a position which is excepted
from the Civil Service Act and Rules and the War Service Regulations
when his position is made subject to the Civil Service Act and Rules
or the War Service Regulations.
All war service appointments made under this section shall be re-
ported immediately to the Civil Service Commission.
No person given a war service appointment under this section shall
acquire eligibility for a classified civil service status until six months
after the end of the present war. At the expiration of six months after
the war, such person may be recommended for a classified civil service
status in accordance with section 6 of Civil Service Rule II provided
(July 3, 1944)
30
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
t
his position becomes a permanent position in the classified civil service
and he is still the incumbent thereof.36
*This section shall not apply to postal employees who become eligi-
ble for a classified civil service status in accordance with section 7 of
Civil Service Rule II.36*
REGULATION VI
PROMOTION 37
SECTION. 1. Procedure in promotion.—Employees appointed to indefi-
nite *or temporary positions under the provisions of these regula-
tions may be promoted within the same department or agency in the
same manner and under the same procedures and standards as em-
ployees having a classified civil service status: *Provided, That no
promotion shall be made of persons who are serving under emergency
appointments authorized under Section 4 of Regulation V.
Sec. 2. Qualifications.38_-In determining qualifications for promo-
tion with respect to employees entitled to five- or ten-point preference
under these regulations, any requirements as to age, height, and weight
shall be waived provided any such requirement is not essential to the
performance of the duties of the position. After due consideration
has been given to the recommendation of any accredited physician,
the physical requirements shall be waived in the case of any such
employee provided he is found physically able to discharge efficiently
the duties of the position for which promotion is proposed.
SEC. 3. Promotion of substitutes.39_Whenever in the Postal Service
two or more substitutes are appointed on the same day, they shall be
promoted to the regular force in the order in which their names ap-
peared on the civil service register from which they were originally
appointed whenever there are substitutes of the required sex who are
available and will accept, unless such vacancies are filled by transfer
or reinstatement.*
REGULATION VII
REMOVAL
SECTION 1. Procedure in removals.-- The provisions of Civil Service
Rule XII shall apply to all persons appointed under the provisions
p. 222.
*
86 For the text of section 6 of civil-service rule II, see p. 220; of section 7 of that rule,
Notes on the acquisition of a classified status appear on p. 230.
87 See notes on assignment and changes in rank or salary on p. 157.
*38 Based on section 5 of the Veterans' Preference Act of 1944 (Public Law 359, 78th
Cong., June 27, 1944 ; p. 10).
** Based on section 8 of the Veterans' Preference Act of 1944 (Public Law 359, 78th
Cong., June 27, 1944; p. 10). For further details on promotion of substitutes, see notes
on p. 163.02.*
i
(July 3, 1944)
NOTES ON ASSIGNMENT AND CHANGES IN RANK OR SALARY 157
NOTES ON ASSIGNMENT AND CHANGES IN KANK OR SALARY
or
REQUTREMENTS FOR PROMOTION recommended for classification)* under
an authority other than the Ramspark
Prior consent of Commission.-
Act; or
Within the meaning of this notè, a “pro-
*(e) be serving without a classified
motion" is defined as "a change to a
status while recommendation for classi-
position of higher grade" and a "reas- Acation is pending in the Conimission;
signment" as "a change in service (such
as from SP to CAF) or change in work
(f) be & temporary employee (not
(such as from clerk to stenographer, or
serying under an emergency appoint-
from multilith operator to typist) with
ment authorized under section 4 of war-
or without change in salary." A "re- service regulation V) who is being pro-
assignment" may also involve a "pro-
posed for promotion to a position in
motion" if it includes a change in grade. which he will serve under teinporary
*Future promotions or reassignments,
appointment. (As to promotion or re-
including the promotion or reassign-
assignment of temporary employees to
ment of an employee to a position re-
positions in which they will serve under
allocated during his tenure therein, pro- indefinite appointment, and the promo-
motions or reassignments of employees tion or reassignment of employees other
on military furlough, and of employees than those listed above, see page 163
in the merchant marine service on fur-
et seq.)*
lough, and promotions or reassignments
(2) Length of Federal service in pres.
of employees at time of reemployment ent or equivalent grade.-(a) The em-
or restoration after service in the mili-
ployee must have served at least 30 days,
tary, naval, or merchant marine service, exclusive of leave without pay, in his
must be made under the authority, fol- present grade or in a higher grade level
low the procedures, and meet the stand-
in the Federal service in those cases
ards set forth below.
where the entrance salary rate for the
Authority has been granted to depart-grade of the proposed position is $2,000
ments and independent establishments,
or lower.
*with the exceptions specified on pages
(0) The employee must have served
158, 159, and 160 to effect promotions or
at least 90 days, exclusive of leave
reassignments without the prior ap- without pay, in his present grade or
proval of the Commission within the in a higher grade level in the Federal
same department or agency, both in service in those cases where the entrance
Washington, D. C., and in the field, in salary rate for the grade of the proposed
advance of final audit by the Commis- position is higher than $2,000 but does
sion, subject to the following provisions : not exceed $2,600.
(1) Status of employee.-The em-
(c) The employee must have served
ployee must:
at least six months, exclusive of leave
(a) have classified civil service without pay, in his present grade or a
status; or
higher grade level in the Federal service
(b) be serving under a war service in those cases where the entrance salary
indefinite appointment, or
rate for the grade of the proposed posi-
(c) be serving in status quo because tion is higher than $2,600 and is *less
of failure of classification under the than $600 above the entrance rate of the
Ramspeck Act (54 Stat. 1211, November employee's present position, provided
26, 1940; see page 209) *for one of the that a promotion of less than $600 will
reasons not requiring separation from not preclude an employee from receiving
the service ;* or
a promotion to a higher grade for which
(a) be serving in status quo, under he would have been eligible had he not
proper authority, because of failure of received the intermediate promotion.*
classification *(including failure to be
(September 28, 1944)
157.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
(d) The employee must have served | or to any position outside the conti-
at least twelve months, exclusive of nental United States, except Hawaii.
leave without pay, in his present grade (1) An agency has full authority to
or a higher grade level in the Federal effect the promotion or reassignment of
service in those cases where the entrance one of its employees, irrespective of the
salary rate for the grade of the proposed / length of his Federal service, to a posi-
position is higher than $2,600 and 18 $600 tion identical with one for which his
or more above the entrance rate of the uame has been submitted to it by the
employee's present position.
Commission in response to a formal
(e) The length of Bederal service request for eligibles. The report of
need not be more than 30 days in any changes (see page 206) for such cases
should bear the notation “Departmental
case involving the promotion or
Circular No. 257, Revision 3" and the
assignment of an employee in a position serial number of the list or the file and
in Alaska or in a position outside the date of letter of authority on which
continental limits of the United States, the employee's name was referred by
except awaii, to any position in Alaska | the Commission.
ré.
(September 28, 1944)
NOTES ON ASSIGNMENT AND CHANGES IN RANK OR SALARY 158
On any
NOTH.—The experience in the Federal | as an agent of the Civil Service Com-
service specified in the six preceding mission, may, in unusually meritorious
paragraphs need not be immediately cases, make exceptions to *this require-
prior to the proposed promotion or re- ment,* provided that the employee pro-
assignment nor need it be in the agency posed for promotion or reassignment
in which the employee is presently serv- | (a) meets the appropriate length of
ing. In any case in which the employee Federal service requirement under (2)
proposed for promotion or reassignment above, and (0) has actual experience in
served in a position which was reallo- the line of work of the position for
cated during his tenure therein, the which he is being proposed.
length of Federal service in the reallo- case in which such an exception is au-
cated position is computed from the date thorized, Standard Form 62 must be
the reallocation became effective. submitted immediately to the Civil Serv-
* Time spent in the military, naval,'| ice Commission for post audit. A jus-
or merchant marine service by a Federal | tification of the exception must be at-
employee who left the Federal civil serv-tached to the Form 62. The justifica-
ice to perform such service will be con- tion should include specific facts which
sidered, in computing length of Federal demonstrate that the conclusion that
service, as a continuation of the indi- the case is unusually meritorious is rea-
vidual's employment immediately prior sonable. Supporting evidence must be
to entering the service, provided, how- presented to show: (a) That the em-
ever, that in any case where an em- ployee is the best qualified of the avail-
ployee may have been promoted to a able individuals in the organization for
higher grade level while still in such the position, and (0) that the individual
service, the time spent in the service has demonstrated in his work experi-
subsequent to the effective date of such ence and training outstanding capabili-
promotion will be considered, in terms ties which would indicate successful
of any requirement of length of Federal performance of the duties of the position
service, at the same grade level as that to which promotion or reassignment is
of the effected promotion.
being proposed.
As to proposed waivers of the time (0) Where the promotion or reassign-
limit, see (4) below.*
ment involves a position for which sched-
(3) Experience and training.-(a). ules of standards have not yet been
Where the promotion or reassignment distributed by the Commission, the Per-
involves a type of position in one of the sonnel Director of the agency, or his
series listed in the schedules attached authorized representatives, must be sat-
to departmental circular No. 257, re- isfied that the total work experience and
vised, March 22, 1943, tand supple training of the employee proposed indi-
ments and amendments thereto, the cates that he is well qualified to per-
employee must meet the minimum form the duties of the position to be
standards for training and experience filled.
established therein. Departments and *
*
agencies may, at their discretion, re- (4) Cases in which prior approval of
quire additional qualifications for pro- the Commission is required.-Any case
motion or reassignment within their may be submitted to the Coinmission for
agencies.
prior consideration. The following
The Director of Personnel of any de- types of cases, however, must be sub-
partment or independent establishment, mitted to the Commission for decision
or his authorized representative, acting before any change is effected :
(September 28, 1944)
159 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
(a) Cases involving promotion or re- is one for which that board would have
assignment to positions of Director of authority to approve an original ap-
Personnel or Director of Budget or pointment; and to the appropriate
Finance.
regional office of the Commission, or to
(6) Cases involving promotion or re- a field representative or branch of that
assignment in which the employee fails office, in the case of all other positions.
to meet the appropriate length of Fed-*If approval of the case submitted
eral service requirement.
will involve a waiver by the Commission
*(c) Cases involving promotion or re- of the minimum standards for training
assignment to a position the entrance and experience described in paragraph
salary rate of which is more than $6003 (a) on page 158, the supporting evi-
above the entrance rate of the em-dence described therein must be sub-
ployee's present position and the clas- mitted. If the case falls within para-
sification grade of the proposed posi- graph 4 (b) or 4 (c) above, the Form 62
tion is more than one grade above the must be accompanied by a statement
classification grade of the employees that the employee proposed is the best
present position.
qualified of the available individuals in
Promotions of types (o) and (c) the organization for the position. The
above will not be approved by the Com- Commission will determine whether the
mission unless there is an affirmative employee is eligible for the proposed po-
showing that the employee meets fully sition and notify the agency of its
the recruiting standards for the position decision.
in question and that he is among the Promotions or reassignments effected
best qualified persons in the Commis- in accordance with the preceding para-
sion's arailable supply.*
graphs of this note, whether with or
All requests for decision prior to ef- without the prior approval of the Com-
fecting change must be submitted in mission, must be reported to the Com-
accordance with the following pro- mission in the manner set forth in the
cedure:
note on page 206. In addition, one
The Director of Personnel or his au- copy of Standard Form 62, fully
thorized representative will submit to executed, must be submitted to the
the Civil Service Commission Standard Commission (except where the prior
Form 62 bearing his recommendation approval of the Commission or its rep-
as to action to be taken. This form resentatives has been secured) for the
will be submitted to the Civil Service following types of cases:
Commission, Washington, D. C., if the (1) Where the promotion or reas-
position is one for which requests for signment was to a position in a differ-
eligibles for original appointmentent line of work than the one in which
would be submitted directly to the the employee was serving immediately
Commission's central office; to the ap- prior to the change (such as from clerk
propriate local board of United States to stenographer, chauffeur to surveyman,
civil-service examiners if the position letc.).
(September 28, 1944)
NOTES ON ASSIGNMENT AND CHANGES IN RANK OR SALARY 159.01
(2) Where the promotion or reas- company the Standard Form 62 as set
signment was within the same line of forth on page 138.
work and for (a) more than one grade *For all positions where requests for
in the Professional and Scientific Serv- eligibles for original appointment would
ice; or (b) for more than one grade in be submitted directly to the central of-
the Clerical, Administrative, and Fiscal fice of the Commission, the Standard
Service to a grade higher than CAF-11; Form 62, where necessary, must be sub-
or (c) more than two grades in any case.
mitted to the Civil Service Commission,
For all other
(3) Where the employee fails to meet Washington 25, D. C.
the minimum standards established in positions, the Standard Form 62, where
the appropriate schedule (attached to necessary, must be submitted to the ap
departmental circular No. 257, revised, branch regional office (including those
propriate civil service regional
March 22, 1943, or supplements or revi.
cases which may have been referred by
sions thereof) for the position to which the agency's field representative to the
promotion or reassignment was made. Washington office of the agency for prior
A justification of the waiver must ac- clearance of the action).*
or
September 28, 1944)
160 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
Standard Form 62, where necessary, tive authorities exercising the same
must be submitted to the appropriate function, including groups I, II, III, and
office of the Ciril Service Commission (as | IV-A in the Navy Schedules of Wages,
set forth in the preceding two para- and socalled "ungraded” positions in the
graphs), immediately in any case involv- field service of the War Department, are
ing a promotion or reassignment where not subject to the provisions of this
the employee fails to meet the minimum note, but may be made in the manner
standards established in the schedule for set forth in the note on “Wage-board
the position to which promotion or re- positions", page 163.01.*
assignment was made, or within 30 days
The provisions of the preceding para-
from the date of approval by the Direc- graphs of this note do not apply to the
tor of Personnel or his authorized rep- following:
resentative in any other case.
(a) Positions in the field service of
Individual cases will be reviewed by the Post Office Department. (See page
the Commission not only for the purpose | 163.01.)
of ascertaining whether the prescribed (0) Positions under Schedule A or B
standards are being observed, but also of the civil-service rules. (As to the
for the purpose of determining whether procedure in promoting employees who
it would be possible for the Commis- hold such positions, see page 163.)
sion, working in cooperation with a (c) Promotions or reassignments of
particular department, to improve the trainees effected in accordance with for-
promotion policies and assist in effect-mal agreement between the Commis-
ing personnel adjustments within that sion and departments and agencies.
department. Whenever the Commis- | (See page 161.)
sion finds that there is deviation from
*(0) Attorney positions the duties
the promotion and reassignment stand- of which require admission to the bar
ards of this letter, it will call the mat- (see page 169). However, the time
ter to the attention of the department limitations prescribed on page 157 are
or agency concerned for necessary cor- applicable to such positions, although
rective action. Flagrant or recurring all deterininations concerning them are
violations of the standards established made by the agency.*
to govern promotions or reassignments These standards both as to length
may result in the Commission's with- of Federal service and experience and
drawing from any agency the prior au- training will be applied by the Com-
thority granted herein.
mission to inter-agency transfers in-
Any appeal from action taken by the volving promotions or reassignments.
Commission either on pre-audit or post- Departments and agencies must assume
audit must be submitted in writing by the responsibility of applying the pro-
the Personnel Director or his author- visions of the preceding paragraphs to
ized representative, together with full intra-agency transfers involving promo-
evidence supporting the appeal, to that tions or reassignments, and of follow-
office of the Commission (central of- ing the procedures set forth herein
fice, regional office, or branch regional (departmental circular No. 257, revi-
office) in which the action originated. sion 3, September 20, 1943, as amended
*Promotions or reassignments to posi- by *supplement 4 thereto, July 22, 1944,*
tions for which the compensation is fixed and departmental circular No. 450, No-
by wage boards or similar administra-'vember 15, 1943).
(September 28, 1944)
NOTES ON ASSIGNMENT AND CHANGES IN RANK OR SALARY 161
Promotions and reassignments within not apply to promotions or reassign-
the District of Columbia governmentments of trainees effected in accordance
may be made under the authority de- with formal agreement between the
scribed in the preceding paragraphs of Commission and departments and agen-
this note. This authority is not lim- cies. Such agreements will be entered
ited to cases involving employees of the into only after the Commission is con-
· District of Columbia government who vinced that the satisfactory completion
have a status under the civil-service of the proposed training program will
rules, but may be considered applicable
to all employees appointed under the prepare the employees to perform the
duties of the position to which they will
District of Columbia regulations or to
be promoted. A training agreeinent
indefinite positions under the war-
service regulations who meet the re-
permitting a modification of the time or
quirements as to length of service, etc. qualifications requirements, or both, in
(Commission's minute 3 of June 3, promotion will be entered into only
1942).
when it is impossible to recruit fully
*Temporary and excepted em qualified persons for the positions to
ployees. The promotion of temporary which the employees who complete the
employees (other than those serving training will be promoted or reassigned.
under an emergency appointment under
Drafts of training agreements sub-
section 4 of war-service regulation V) mitted to the Commission for approval
to positions in which they will serve should provide definite information on
under temporary appointment is cor- the following factors, whether the train-
ered by the authority set forth in the ing is to be offered as individual instruc-
note on "Prior consent of the Commis- tion or as group instruction :
sion," pages 157 to 160. As to the pro- (1) Official responsible for adminis-
motion of temporary employees to posi- tering the training agreement.
tions in which they will serve under in- (2) An outline of the training project
definite appointment, and the promo- as a whole.
tion of excepted employees, see page (3) Qualifcations of person assigned
· 183.
to conduct the training.
Part-time employees.--As to changes (4) A list of the duties, jobs, or
in status of part-time employees (in-operations in which the employee is to
cluding changes of part-time employees be trained.
to full-time), see page 163. As to (5) The training timetable. (This
changes of full-time employees to part- should indicate the training period in
time, see page 114,
terms of weeks or months and the pro-
Promotion after announcement of spe- portion of time to be deroted to instruc-
cial competitive examination for filling tion and to production.)
vacancy. See the third paragraph of (6) Job breakdowns for the more
section 1 (g) of war-service regulation complicated routine operations.
IV, page 26.
(7) Facilities and equipment to be
Post Office Department feld service.-- used in the training.
As to promotions within the field sert- (8) Special training materials to be
ice of the Post Office Department, see used, such as nianuals, flow charts, pro-
page 163. As to reassignments within cedures, practice forms, and problems.
that service, see page 167.
(9) Qualifications for trainees.
Training agreements which permit (These should indicate ability to suc-
modification of promotion require-ceed with the training.)
ments.---As stated on page 160, the pro- (10) Instructional methods (e. g,,
visions of the note on “Prior consent of group discussion, conference, case or
the Commission" (pages 157 to 160) do 1 problem methods, job participation, lab-
(September 28, 1914)
162 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
oratory, and demonstration, drill, lec- Reexamination of persons who fall in
ture, directed reading, Job Instruction sonoompctitite promotion examina-
four-step procedure).
tion8.-See notes, p. 63,
(11) Plads for determining when the *Age, height, weight, and physical
employee has reached satisfactory work requirements.- Under Section 5 of the
standards.
Veterans Preference Act of 1944 (see
(12). Provisions for supervision and page 10.02) and section 2 of war-service
technical advice from the agency train- regulation VI (see page 30), agències,
ing ofice or other sources, such as the in determining qualifications for pro
Civil Service Commissioni.
motion, shall walive any requirements
Advisory assistance in drafting trail as to age, beight and weight or physical
ing agreements, or further information condition in the case of persons entitled
about agreements which modify the to preference under the war-service reg-
time or qualifications requirements, or ulations when any of these require-
both, for promotion or reassignmerst, ments is not essential to the perform-
may be obtained from the Examining ance of the duties of the position. An
and Personnel Utilization Division, U. S. agency may not eliminate from con-
(ivil Service Commission, Washington sideration for pronotion any preference
25, D. C., or from regional offices of the person because of his age, height,
Civil Service Commission (departmen-Height, or physical condition, .unless
tai circuiar No. 257, revision 3, supple-i sucli factor or factors are essential to
nent 7, September 30, 1944; action of the performance of the duties of the
Conimission, July 19, 1944).*
position (departmental circular No. 493,
Promocion examination.---Hor maliy July 3, 1944).*
promotions no examination is required.
Consideration of certain types of rec
increases of pay with no change in ommendations prohibited. Section 3 of
designation and without material civil-service rule XI provides as fol-
change in duties do not ordinarily re-
lows:
quire examination. Examination, bow-
"No recommendation for promotion
ever, is required in all cases of promo- except in the regular form of periodi-
tion to positions for which the examina- cal service-rating reports or unless it
tions are different from those through be made by the person or persons un-
which persons were appointed (Com- der whose supervision such employee
mission's ininute 3 of February 13, 1928).j has served shall be considered by any
Waiver of examination. Executive officer concerned in making promotions.
Order No. 715 of November 22, 1907, Recommendation in any other form or
provides as foliows:
by any otber person, if made with the
"When transfers or promotions are knowledge and consent of the employee,
properly applied for, and are other shall be sufficient cause for debarring
wise permissible, the Civil Service him from the promotion proposed, and
Commission is hereby authorized, in its a repetition of the offense shall be
discretion, looking to the good of the sufficient cause for removing him from
the service."
public service only, to waive require-
ments for examinations and to substi-
Several other prohibitions against
tute for such examination so waived
the consideration of certain types of
such other tests of fitness and capacity
recommendations, which apply to all
as the Commission may decide. in each rzerely to promotion, are set forth on
types of personnel actions and not
case where such waiver is made the
reasons theretor shall be stated at
Inquiries as to political or religious
length by the Commission and made opinions or affiliations of proposed &p-
matter of record in its minutes." pointees. See notes on page 44.
page 44.
(September 28, 1944)
NOTES ON ASSIGNMENT AND CHANGES IN RANK OR SALARY 162.01
Discrimination in favor of or against positions under the Federal Security
partioular groups.--See notes on page Administration, see 9.F. R. 4639, May 3,
44.
1941.*
Effect of the economio-stabilization Military preference.- Under Section
regulations upon promotions.--Neither 1754 of the Revised Statutes (5 U, S. O.
Oxecutive Order No. 9250 of October 3, 1940 ed. 35), the Commission has held
1942, nor the regulations of the Eco- that preference applies only to original
nomic Stabilization Director issued pur- entrance to the service and not to pro-
suant thereto, affect the operation of motion (Commission's minute 20 of
the Classification Act of 1923, as amend- April 18, 1896). An act of July 11,
ed, and actions taken under authority 1919, 41 Stat. 37 (see p. 78.03), also
of that act do not require prior approval provides that preference be given in
of the War Labor Board or the Commis- "making appointments," and was held
sioner of Internal Revenue (22 Comp. not to apply in promotion or other non-
Gen. 708, January 26, 1943).
competitive examinations, except those
*As to the National War Labor beld for appointment under Schedule
Board's authority over compensation in B and for classification. *The Vet-
positions the salaries of which are not eraus' Preference Act of 1944 (see page
Axed by the Classification Act or other | 10) provides that preference shall be
statutes, see Executive Order 9250, OC-
given "in certification for appointment,
tober 3, 1942; Executive Order 9328,
in appointment, in reinstatement, in re-
April 8, 1943; and the supplement
thereto issued by the Director of Eco-employment, and in retention”; as to
nonic Stabilization on May 12, 1943. its provision for the waiving of age,
For delegation of authority to the Fed-height, weight, and physical require-
eral Security Administrator as to such I ments in promotion, see page 162.*
611866 O - 14 - %
(September 28, 1944)
163 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
Residence.—The residence provisions | nite appointment within the same de-
of the act of July 11, 1890 (26 Stat.partment or agency is set forth on
235), as amended by the act of May 15, page 154.
1937 (50 Stat. 168; 5 U. S. C. 1940 ed. Where the promotion does not in-
643) (see p. 253), do not apply to non- volve a change in grade, line of work, or
ompetitive examinations for promotion tenure, the prior approval of the Com-
or transfer (Commission's minute 1 of mission is not required. Adjustments in
April 25, 1935).
salary based on prevailing wage rates
Speculation prohibited.—“I believe it in the community for comparable work,
to be a sound policy of the Government in positions not subject to the salary
that no officer or employee shall partici- rates prescribed in the Classification
pate directly or indirectly in any trans- Act, do not require the prior approval of
action concerning the purchase or sale the Commission, whether the employee
of corporate stocks or bonds or of com-
is serving under teipporary or under
modities for speculative purposes, as excepted appointment (departmental
distinguished from bona fide investment circular No. 323, supplement 19, June
purposes. Engagement in such specu- | 11, 1943; Commission's nainute 3 of
lative activities by any officer or em-
February 8, 1944).
ployee, whether under the competitive
Part-time employees.-The following
civil service or not, should be among changes in status of part-time em-
the matters considered by the heads of
ployees require prior approval of the
departments and establishments and by
Commission:
the Commission in passing upon ques-
(1) Any change-in-status of a part-
tions concerning his qualifications for
time employees involving a change in
retention or advancement" (letter of
grade or duties.
the President to the Commission dated
(2) Any change-in-status of a part-
April 22, 1937).
time employee to full-time which in-
Effect of promotion on eligibility -
volves a change in grade or duties.
See notes, p. 68.
(3) Any change-in-status of a part-
time employee to full-time which does
PROMOTION PERSONS CERTAIN
SPECIAL GROUPS
not involve a change in grade or duties,
except in the following cases:
Employees serving in the armad (a) A change-in-status of a part-time
forces. See page 144.
student employee to temporary full-time
*Temporary and excepted employ- for any period during which the school
ees.-The promotion of temporary em- he attends is not in session, provided
ployees (other than those serving no change in grade or duties is involved.
under emergency appointments under (Such a change may be effected either
section 4 of war-service regulation v) by increasing the number of hours of
to positions in which they will serve duty per week under his existing ap-
under teinporary appointment may be pointment, without changing the type
effected under the authority set forth of appointment, or by changing the type
on page 157.
of appointment to temporary full-time
The prior authority of the Commis- appointment, for the duration of the
sion must be secured for the promotion school holiday period, at the minimum
of persons serving under temporary ap- annual rate applicable to the grade of
pointments, or under Schedule A or Bhis position.)
or other excepted appointments, to posi- (0) A change-in-status to full-time
tions in which they are to serve under work of à part-time employee whose
war-service indefinite appointments. appointment was originally authorized
The procedure in securing authority for as “Temporary War Service Appoint-
such conversion to a war-service indefi- ment Not to Exceed One Year (Full-
OF
IN
(September 28, 1944)
NOTES ON ASSIGNMENT AND CHANGES IN RANK OR SALARY 163.01
time),” provided that no extension of form satisfactorily the duties of the
the duration of the original appoint- position to be filled.
ment is made without prior approval of Such promotions and reassignments
the Commission.
will be reported on Standard Form 50
(c) The return to full-time work of either directly to the Civil Service
employees previously changed from Commission, Washington 25, D. C. (at-
full-time to part-time.
tention : Service Record Division), or
An intra-agency transfer of a part-through the central office of the agency
time employee to another part-time po- to the Commission in accordance with
sition does not require the prior ap- the administrative practice in the
proval of the Commission if a change in agency. These forms should bear the
grade or duties is not involved (depart. notation "Departmental Circular No.
mental circular No. 389, revised, July | 257, Revision 3.” The submission of
10, 1943; departmental circular No. 460, Form 62 will not be necessary in these
December 20, 1943; departmental cir- cases (departmental circular No. 257,
cular No. 468, February 24, 1944).
revision 3, supplement 4, June 22,
As to changes of full-time employees 1944).*
to part-time, and return to full-time Apprentices.--Apprentices may be
work of employees so changed, see notes promoted to journeymen upon the com-
on page 114,
pletion of apprenticeship without ex-
As to trial periods of part-time em- amination, service for the term of ap-
ployees, see page 117.*
prenticeship being regarded as a suff-
Appointees under section 8 of rule cient test of fitness (Commission's
II.—See section 8 of rule II, p. 222.
minute 3 of March 3, 1899).
Employees retained in status quo.---
Section 1 of the act of July 16,
See notes, page 157.
1914 (38 Stat. 502; 15 U. S. C. 1940
Unskilled laborers appointed under ed. 280), provides as follows:
the labor regulations.-See notes, p. 336. "Apprentices in the Bureau of Stand-
*Wage-board positions.--Promotions ards may be promoted after satisfac-
or reassignments to positions for which tory apprenticeship, with the approval
the compensation is fixed by wage boards of the Civil Service Commission, to
or similar administrative authorities ex-positions corresponding to the journey-
ercising the same function, including man grades for which their duties logi-
groups I, II, III, and IV-A in the Navy cally prepare them without regard to
Schedule of Wages, and so-called "un- apportionment: Provided, That they
graded” positions in the field service of thus acquire no rights to transfer to
the War Department, are not subject other lines of work."
to the provisions of the note “Prior Con- The term "apprentice" in the above
sent of Commission", pages 157 to 160. section includes the position of office
Promotions of such of these employees apprentice as well as laboratory and
as fall within the classes described shop apprentice (30 Op. Atty. Gen. 430,
under the heading "Status of employee" August 21, 1915).
on page 157 may be made without prior *Post Office Department field service.-
approval of the Commission, provided : The extension of the war-service regu-
(a) the employee has served at least lations to positions in the field service
30 days, exclusive of leave without pay, of the Post Office Department (except
in his present position and
postmasters) does not change in any
(b) the operating officials responsi- way the special promotion provisions or
ble for making such promotion or re- procedures which are applicable to that
assignment are satisfied that the em- service. Changes in status of employ-
ployee proposed for promotion has suf- ees with a classified status will be sub-
ficient training or experience in the ject to the civil-service rules (as dis-
line of work and is competent to per- tinguished from the war-service regu-
(September 28, 1944)
163.02 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
lations) and handled accordingly. All ments as the promotion of classified
requests for change in status which are substitutes to regular rolls. In no case
not covered by general authority granted will a war-service substitute be pro-
to the Post Office Department, and which moted to the regular roll in any post
have not heretofore been handled by the office, as long as there are classified
Commission's regional offices, should be substitutes on the roll who are avail-
forwarded through the Post Office De-able for promotion to the regular roll
partment to the Commission's central (action of Commission, November 25,
office, Service Record Division, for ac- 1943).*
tion; and all such cases, whether under Section 4 of civil-service rule XI pro-
civil-service rules or war-service regu- vides as follows:
lations, will be handled between the "Substitutes shall be promoted to the
central office and the Post Office De- first vacancies occurring in regular
partment (actions of Commission, Oc- positions in the order of their original
tober 29 and November 25, 1943).
appointment, whenever there are sub-
Prior authority has been granted to stitutes of the required sex who are
the Post Office Department by letter of eligible and will accept, unless such
April 18, 1942, as amended by letter of vacancies are filled by promotion, trans-
October 8, 1942, to the Postmaster Gen- fer, or reinstatement."
eral, to effect, without the prior ap-
*For purposes of order of promotion,
proval of the Commission, transfer to, the date of appointment of a substitute
retransfer from, assignment, and inter-
whose temporary appointment is con-
changeability of personnel within cer-
verted to a war-service indefinite ap-
tain specified groups, with the under-
standing that they must be employees pointment is considered to be the date
who have completed the regular pro-
of the temporary appointment (action of
bationary period and have a competitive Commission, August 11, 1944).
classified civil service status.
It is
Cases where two substitutes are ap-
understood also that they will meet the pointed from the same register on the
same noncompetitive requirements for same day are governed by section 3 of
transfer as at present, except that the war-service regulation VI, which pro-
department will effect the transfer with-vides as follows:
out coming to the Commission for prior "Whenever in the Postal Service two
approval (action of Commission, Octo- or more substitutes are appointed on
ber 22, 1942).
the same day, they shall be promoted
As to special provisions and proced-to the regular force in the order in
ures governing the promotion of substi- which their names appeared on the civil
tutes and of employees in positions be-service register from which they were
low first grade, see notes below. As to originally appointed whenever there are
reassignments of substitutes, see notes substitutes of the required sex who are
on page 167.
available and will accept, unless such
Substitutes, Postal Service.-(a) Or- vacancies are filled by transfer or
der of promotion to regular positions.-- reinstatement."
The extension of the war-service regu- If two or more war-service substitutes
lations to positions in the field service are appointed on the same day, some
of the Post Office Department (except from an eligible register and some with-
postmasters) does not change in any out examination, the appointees with
way the special promotion provisions examination ratings will be promoted
or procedures which are applicable to ahead of those without ratings. The
that service. Special substitute rolls order of promotion among those without
will be maintained for war-service ap ratings will be that of order of appoint-
pointees and promotion to the regular ment, as determined by the postmaster
roll is subject to the same require l in connection with the entry of their
(September 28, 1944)
NOTES ON ASSIGNMENT AND CHANGES IN RANK OR SALARY 164
I
names on the rolls, except that any of original appointment been to grade 1.
such substitutes who have been granted Any fractional part of a year's service
veteran preference will be promoted as a substitute shall be included with
ahead of nonveterans without ratings; regular service in determining eligibil-
among veterans without examination ity for promotion to a higher grade, fol-
ratings, those granted 10-point pref- lowing appointment to a regular posi-
erence will be promoted ahead of those tion."
granted 5-point preference (action of The proviso in section 1 of this act,
Commission, March 31, 1944).*
which limits substitute postal employees
Promotions from substitute to regular to only "one increase in the rate of pay"
positions shall be made in the order of within a 12-month period, does not pre-
date of appointment in the entire office, clude the promotion of a substitute em-
and not in any one division (Commis- ployee, within a 12-month period after
sion's minute 2 of August 14, 1888). his last salary adjustment, to a regular
A senior substitute may waive his position in the Postal Service in a
right of promotion to a regular vacancy grade and salary rate higher than the
in favor of the substitute standing next grade and rate in effect at the time of
and retain his position at the head of his promotion to a regular position (23
the substitute list (Commission's minute | Comp. Gen. 766, April 10, 1944).
20 of March 2, 1895).
(c) Salary increases during service
A senior substitute who declines pro- | as a substitute.-Sections 1 and 3 of the
motion without adequate reason will be act of March 24, 1944 (Public Law 266,
considered to have been dropped from the 78th Cong.), provide as follows:
service (letter of Commission, August “That substitute postal employees,
11, 1909).
after two thousand four hundred and
*(6) Grade and salary to which forty-eight hours of actual and satis-
promoted.-Section 2 of the act of factory service as such substitute, in-
March 24, 1944 (Public Law 266, 78th cluding service as a special-delivery
Cong.), provides as follows:
messenger, shall be paid for services
"Upon appointment to a regular posi- actually performed at the rate of the
tion in the Postal Service an employee annual salary received by regular em-
shall receive credit for actual service ployees of the first grade, the hourly
performed as a substitute, including rate to be computed by dividing the an-
time served as a special-delivery mes-nual salary of such regular employees
senger on the basis of one year for each by the number two thousand four hun-
unit of two thousand four hundred and dred and forty-eight; and thereafter the
forty-eight hours, and shall be pro- rate of pay of such substitute employees
moted to the grade to which such em- shall be increased to the annual rate
ployee would have progressed had his I of the next higher grade of such regular
(September 28, 1944)
164.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
*
to regular -permanent substitutes (23
employees, computed in the same man- | Comp. Gen. 766, April 10, 1944).
ner, upon the completion of each addi-
The increases in compensation au-
tional period of two thousand four hun-thorized under the act become effective
dred and forty-eight hours of actual only at the beginning of a quarter of
and satisfactory service, until they the calendar year, i. e., January 1, April
shall have attained the rate for the 1, July 1, or October 1. An employee
highest successive rate of regular pay who has been granted an increase in
or shall have received appointment to compensation under the act may retain
a regular position: Provided, That his credit for any extra hours of sery-
there shall be not more than one in-lice over 2,448 not needed to entitle him
crease in the rate of pay of such em- to the increase, provided the excess
ployees within a twelve months' pe- hours were rendered during the 36-
riod: Provided further, That the in-month period immediately preceding
creases in the rate of pay provided the quarter when his next annual in-
herein shall become effective at the be- crease is due; however, 12 months must
ginning of the quarter following the elapse between each increase and the
completion of two thousand four hun-succeeding one (23 Comp. Gen. 766,
dred and forty-eight hours of required April 10, 1944).
service: Provided further, That in the Under the express terms of section 3
adjustment of the increases in the rates of the act (quoted on page 145), military
of pay provided herein credit shall be service may be credited at a rate of
given for not exceeding three years of 2,448 hours for each year of such serr-
past continuous service and the hourly | ice. Leave of absence, with or without
rate of compensation adjusted accord-pay, may not be credited. Service in
ingly.
any class of substitute position to which
the employee is authorized to be, and
"Allowable service under the provi- is, assigned under the dual service pro-
sions of this act shall be only such sery-
visions of title 39, section 136, of the
ice as has been rendered during con-
United States Code (see page 426) may
tinuous active service and shall not in- be combined for the purpose of con-
clude previous periods or terms of em- puting service so as to authorize an in-
ployment
(As to crediting
crease in compensation in each class of
service of employees who have entered substitute position in which service is
the armed forces, see notes on page 145.)
rendered. (This does not apply to
The benefits of this act apply to per transfers of substitute post office clerks
sons whose appointments as substitutes
to positions as substitute clerks in the
are designated as “temporary", "in- Railway Mail Service under authority
definite", or "war service", as well as
*
* ?
(September 28, 1944)
1
NOTES ON ASSIGNMENT AND CHANGES IN RANK OR SALARY 164.02
of title 39, section 611, of the United | rier roll at the time of qualifying
States Code.) Regular per annum eni- (Commission's minute 3 of April 29,
ployees of the Postal Service who, after 1942).
.completing their regular tours of duty, Whenever laborers in the Postal Sery-
render service as substitute employees ice who were originally appointed from
in other positions at an hourly rate of clerk-carrier registers are being con-
pay may count "service as such sub- sidered for promotion to clerk or carrier
stitute, including service as a special. positions on the basis of their names
delivery messenger”, but not service in having been within reach on the clerk-
their regular positions, toward compen carrier register for probational appoint-
sation increases in the substitute posi- ment as clerk or carrier, the names of
tions (23 Comp. Gen. 766, April 10, 1944; all laborers appointed from the clerk-
23 Comp. Gen. 920, June 5, 1944)
carrier register must be considered
Under the express terms of section 3 (Commission's minute 5 of June 14,
of the act (quoted on page 145), separa- | 1941).
tion for military service does not break Persons allocated "out-of-status.'-
continuity of service for purposes of See note, p. 273.
compensation increases of substitutes. Indians.--Indians in the Indian field
The absence from duty of a substitute service who have qualified through sec-
who is not subject to call but whoseond-grade clerical examinations and
name is still carried on the rolls does have demonstrated their ability to per-
not constitute such a break in service form first-grade duties satisfactorily
(23 Comp. Gen. 766, April 10, 1944). may, upon certification of the Depart-
The salary rate of a substitute postal ment that they are efficient, be given
employee who properly has been reduced an unrestricted first-grade clerical status
from a regular position for disciplinary (Executive Order No. 4948, Aug. 14,
or other reasons may be fixed adminis- 1928). See Indian Reorganization Act
tratirely at a grade and salary rate not (48 Stat. 984, June 18, 1934; 25 U. 8. C.
higher than the grade and salary rate 1940 ed. 472).
of the regular position held immediately Employees of the Farm Security Ad-
preceding the relegation (23 Comp. ministration.See notes, p. 339.
Gen. 766, April 10, 1944).*
Promotions under Executive Order No.
Promotion to clerk or carrier Posi. 8833.-See notes, p. 337.
tion.--Employees in the Post Office
REDUCTION IN RANK OR SALARY
Department or in any branch of the
Postal Service in positions below first Furnishing reasons for reduction.-
grade may be transferred or promoted Section 6 of the act of August 24, 1912
to substitute clerk or substitute carrier (37 Stat. 555; 5 U, S. C. 1940 ed. 652),
after completion of probation, upon and section 1 of civil-service rule XII
passing an appropriate noncompetitive require that the reasons for reduction
examination. Such employees will take in rank or compensation shall be made
their position at the foot of the respec- a part of the records of the proper de-
tive substitute clerk or substitute car-partment or office; that copies of them
(September 28, 1944)
CERTIFICATION OR APPOINTMENT PRIOR TO WAR-SERVICE REGS. 213
.
on
of heads of departments and independ-tory (departmental circular No. 323, re-
ent establishments, the same conditions vised, March 30, 1942).
or time limits, or both, specified in the In the case of persons serving prior
original authority of the Commission to March 16, 1942, under section 2 of
shall continue.' Change of record in in- rule VIII pending establishment of eli-
dividual cases need not be made. For gibility on the basis of an assembled
those limited (temporary) war-service examination, it will be unnecessary to
appointments effected as of March 16, hold the examination as, in accordance
1942, under the above authority, it will with the foregoing, these appointments
be unnecessary to secure prior approval will have been converted to war-service
of the Commission for the subsequent appointments under the war-service reg-
conversion of such limited (temporary) ulations. If it is necessary to hold the
appointments to indefinite war-service examination to secure additional eligi-
appointments; however, the Commis- bles, the examinations should be held
sion should be notified promptly of such and the fornier temporaries should be
actions the regular reports of notified thereof, but not required to com-
changes in civilian personnel (see pete (action of Commission, April 3,
page 205). Prior authority must, of 1942).
course, be secured from the Commission Persons who, on March 16, 1942, were
for the conversion of any limited (tem- serving under temporary appointment
porary) war-service appointment to an pending reinstatement or transfer were
indefinite war-service appointment in in an analogous position to persons serv-
all cases where the appointee was not ing temporarily under section 2 of rule
serving under section 1, 2, or 4 of rule VIII pending the establishment of a reg-
VIII or Executive Order No. 8257, No. ister, and are regarded as having re-
8564, or No. 8458 as of March 16, 1942.ceived war-service appointinents for the
On and after March 16, 1942, no per- duration of the war and not exceeding
sons serving under section 2 of civil-serv- six months thereafter. No follow-up
ice rule VIII will be given probational will be made in cases where such tem-
appointments, and no conversions under porary appointments have not been fol.
section 5 of rule VIII will be effected, ex- | lowed by an official request for reinstate-
cept as set forth in the tnotes on pages ment or transfer (departmental circular
232 and 233* (department circular No. No. 360, August 1, 1942). This does not
323, revised, supplement 4, revised, apply to temporary appointments pend-
August 22, 1942), and except that per- ing reinstatement under Executive Or-
sons who came to Washington prior to der No. 8744 (action of Commission, May
the establishment of the messenger reg. 28, 1942).
ister as
an apportioned register on
From August 6, 1942, to September 26,
March 4, 1942, to accept appointment to 1942, the positions of deputy marshal
such positions under section 2 of rule and zone deputy collector of internal rev-
VIII will be regarded as entitled to pro-
enue were subject to the regular civil-
service rules rather than the war-service
bational appointment (Commission's
regulations. (See page 212.) The pro-
minute 2 of July 6, 1943).
cedures described above are therefore
Lists of eligibles will not be issued for applicable to them not only as of March
the replacement of persons serving un- 16, 1942 (as in the case of other posi-
der section 2 of civil-service rule VIII, tions made subject to the war-service
unless the appointing officer submits regulations on that date), but also as of
requisitions for the purpose of replacing September 26, 1942 (actions of Com-
persons whose, services are unsatisfac- mission, November 12, 1942).
(September 28, 1944)
214 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
Positions in the field service of the ble to positions in the field service of
Post Office Department, except postmas- the Post Office Department as well as to
terships, became subject to the war. other positions subject to the war-sery-
service regulations on October 23, 1943. ice regulations (actions of Commission,
*The Commission authorized the Post October 18, 1943; November 25, 1943;
Office Department to convert, within its March 15, 1944; March 31, 1944; and
discretion, the appointments of tempo- April 20, 1944).*
rary rural carriers serving on October In cases where certificates for proba-
23, 1943, to a war-service indefinite tional appointment were issued under
basis. Except in the cases just men- the old regulation and persons were
tioned, the appointments of temporary given temporary appointments because
employees serving in positions in the their medical certificates were not sat-
field service of the Post Office Depart- isfactory or residence certificates were
ment under section 2 of civil-service rule lacking, such persons can be granted
VIII, and of those serving in such posi- probational appointment as of the effec-
tions for an indefinite period under sec- tive date of their original entrance on
tion 4 of rule VIII, were automatically duty when the condition is removed (de-
converted to indefinite war-service appartmental circular No. 323, revised,
pointments, such appointments not to March 30, 1942). Persons who were
extend beyond the duration of the war certified prior to March 16, 1942, for pro-
and six months thereafter. Service bational-indefinite or probational ap-
record card (Civil Service Commission pointment to non-arduous duty posi-
Form 2800) must be supplied in each tions, the duties of which they can per-
such case; the card should show, in form without being a hazard to them-
chronological order, the temporary ap selves or others, but who received
pointment (with authority under which temporary appointment because of their
it was approved) and the conversion to having diabetes mellitus are now eligi-
war-service indefinite on October 23, ble for probational or probational-indefl-
1943, as such appointees will be entered nite appointments in the classified serv-
oñi the war-service substitute roll ac- ice, provided their diabetic condition is
cording to date of temporary appoint- under control. The determination as
ment. Conversions of temporary ap to whether or not the diabetic.condition
pointments to probational appointments is under control and that no serious
under civil-service rule VIII, section 5, complications are present will be made
will not be made after November 23, by medical officers of the Commission in
1943, except in the following cases : the central and regional offices. The
(1) A substitute appointment in the heads of departments and independent
Post Office service which was approved establishments should transmit such
as temporary under section 2 of civil cases to the medical officers for handling
service rule VII rather than as proba- (departmental circular No. 283, supple-
tional because the quota of substitutes ment 1, June 8, 1943).
had been filled may be converted to pro- Persons provisionally appointed prior
bational (or permanent) at any later to March 31, 1942.--Appointments from
date if a vacancy occurs in the quota of certificates issued prior to March 18,
substitutes and the incumbent has been 1942, for the provisional probational ap-
within reach for probational appoint-pointment of eligibles, such as senior
ment during his temporary service or students, who may not actually com-
has eligibility for reinstatement under plete the educational or other require
civil-service rule IX;
ments upon which their eligibility
(2) Conversions may be made in depends until after March 16 may be
cases covered by the first sentence of the effected as probational subsequent to
following paragraph, which is applica- | March 31, 1942, if the report of the pro-
(September 28, 1944)
CERTIFICATION OR APPOINTMENT PRIOR TO WAR-SERVICE REGS. 215
!
visional probational selection is received | fied status may not be taken until after
in the Commission prior to that date the war, the Commission will give con-
(departmental circular No. 323, revised, sideration to requests from recommend-
March 30, 1942).
ing agencies for amendment of the rec-
From August 6, 1942, to September 26, ords, in cases where this action is pos-
1942, the positions of deputy marshal sible, to show appointment from the
and zone deputy collector of internal emergency replacement list, rather than
revenue were subject to the regular civil some other civil-service authority under
service rules rather than the war-serv- which appointment was actually made,
ice regulations. (See page 212.) The if such action will make the employee
procedures described above are there in question eligible for recommendation
fore applicable to them not only as of for classification under Executive Order
March 16, 1942 (as in the case of other No. 8833 or No. 8952. (The recommen-
positions made subject to the war-serv-
dation for classification must, of course,
ice regulations on that date) but also as be received by the Commission not later
of September 26 in the case of certifi-| than December 31, 1942, except in the
cates issued after August 6 (actions of case of persons who, having entered
Commission, November 12, 1942).
the armed forces, are entitled to the
Persons whose rights to classification benefits of section 6 of Executive Order
are based on eligibility for probational 8743, April 23, 1941.) This amendatory
appointment or reinstatement. - *See action may be considered or taken only
notes on pages 232 and 233.*
where the name of the person concerned
Persons appointed from the emergency was on the emergency replacement list
replacement list prior to March 16, when he was appointed under Executive
1942.—Persons who were certified from Order No. 8564 or some other civil-
the emergency replacement list prior to service authority and he could have been
March 16, 1942, will retain whatever certified from that list to the particular
rights may have been extended to them position to which he was appointed (de-
for classification under provisions of partmental circular No. 398, December
Executive Order No. 8743, No. 8833, or 18, 1942).
NO. 8952, provided that reports of their Persons appointed under Schedule
selection reached the Commission before A.-Appointments under Schedule A of
March 31, 1942 (departmental circular the civil-service rules may not be con-
No. 323, revised, March 30, 1942; depart- I verted to war-service appointments with-
mental circular No. 333, April 18, 1942).
(For the text of these orders, and notes out the prior authority of the Commis-
thereon, see pages 329 to 339, and 340 sion or submission of the employees' ap-
to 342.)
plications to the Commission for prior
Although, in general, amendatory or approval (action of Commission, No-
retroactive action to establish a classi- 'vember 2, 1942).
(September 28, 1944)
CIVIL SERVICE RULES
[As amended by Executive Order No. 7915, June 24, 1938, and by later Executive
orders as indicated]
AMENDING ORDER
By virtue of and pursuant to the authority vested in me by the
Constitution, by section 1753 of the Revised Statutes (U. S. C., title
5, sec. 631), by the Civil Service Act of January 16, 1883 (22 Stat.
403), and as President of the United States, the civil service rules
are hereby amended, effective February 1, 1939, to read as follows: 1
RULE I
POLITICS AND RELIGION
1. No interference with elections. No person in the executive civil
service shall use his official authority or influence for the purpose
of interfering with an election or affecting the results thereof. Per-
sons who by the provisions of these rules are in the competitive
classified service, while retaining the right to vote as they please and
to express their opinions on all political subjects, shall take no active
part in political management or in political campaigns.2
2. No disclosure or discriminations. No question in any form of ap-
plication or in any examination shall be so framed as to elicit
information concerning the political or religious opinions or affilia-
tions of any applicant, nor shall any inquiry be made concerning
such opinions or affiliations, and all disclosures thereof shall be dis-
countenanced, except as to such membership in political parties or
organizations as constitutes by law a disqualification for Government
employment. No discrimination shall be exercised, threatened, or
promised by any person in the executive civil service against or in
favor of any applicant, eligible, or employee in the classified service
because of race, or his political or religious opinions or affiliations,
except as may be authorized or required by law.3
3. Recommendations not considered.-No recommendation of an ap-
plicant, eligible, or employee in the classified service involving dis-
closure of his political or religious opinions or affiliations shall be
1 See chapter on authority for rules, p. 4.
2 As amended by Executive Order No. 8705, March 5, 1941, effective November 7, 1940. .
Based on section 2, clause 2, paragraph 6, of the Civil Service Act.
8 As amended by Executive Order No. 8587, Novemba 7, 1940. Based on section 2,
clause 2, paragraphe 5 and 6, of the Civil Service Act.
216
--
!
LEAVE OF ABSENCE
515
The Labor-Federal Security Appro-| lations No. 42, and supplements thereto,
priation Act, 1945 (Public Law 373, the administrative report should con-
78th Cong., June 28, 1944), provides tain a statement showing whether sick
funds for payment of accumulated and leave was granted to the employee over
accrued leave to employees of the Na- a period prior to the date of death, and,
tional Youth Administration who have if granted, the period thereof (decision,
not liquidated such leave by June 30, Comptroller General, August 21, 1944).*
1944, and to personnel employed for Employee to be separated because of
liquidation of that Administration, incapacity due to pregnancy.- See page
Separation following suspension.-517.
Where an employee was suspended
Cooperative employees of the Depart-
from duty and pay pending investiga- ment of Agriculture.—Cooperative em-
tion of charges and it is decided to ac-ployees employed under the supervision
cept his resignation without prejudice, and control of the Department of Ag-
his separation is voluntary and his riculture for half of the year (during
resignation may be accepted effective which period they are regarded as Fed-
at the expiration of his accrued an-
eral employees) and under the super-
nual leave (17 Comp. Gen. 806, April vision and control of a State or other
2, 1938).
cooperating agency for the remainder
Loss of leave through death.--The of the year (during which period they
heirs of a deceased employee may not
are not regarded as Federal employees)
be paid the compensation equivalent who resign while serving with the co-
of the annual leave which had accrued operating agency to accept non-govern-
to him under the Annual Leave Act of mental work, or who are inducted into
March 14, 1936, as amended, but which the active military or naval forces, may
he had not taken prior to his death. not be restored to Federal positions
This is true even though he had not solely for the purpose of granting ac-
been permitted to take it by the employ-cumulated annual leave earned by them
ing agency. The right to receive com- under their previous Federal employ-
pensation covering annual leave is a ment (23 Comp. Gen. 277, October 16,
benefit personal to the employee and
1943).
does not inure to anyone else (deci-
Employee retired for age.--An em-
sion, Comptroller General, August 5,
ployee whose automatic separation for
1944). Cf. Butler v. U. S., decided in
age is required by section 2 (a) of the
the Court of Claims on May 1, 1944.
Civil Service Retirement Act (see page
*The preceding paragraph refers to 129) may not be carried on the rolls
cases where leave, if granted, would be
beyond the last day of the month in
taken over a period subsequent to an
which he attains automatic retirement
employee's death. The leave status of
age for the purpose of being paid for
the employee over a period prior to death the annual leave standing to his credit
be considered administratively
on that date (decision, Comptroller Gen-
after death. As to the granting or ad- eral, August 17, 1944). As to accrual of
vancing of sick leave in such cases, and eral, August 17, 1944). As to accrual of
leave during terminal leave preceding
the substitution of sick leave thus
retirement, and as to refunds for ad-
granted or advanced for a period of leave vanced leave in such cases, see pages.
without pay, see pages 502.01 and 504.
495.01 and 503 ; as to reemployment upon
In connection with any claim by or
on behalf of the estate of a deceased or after retirement, see pages 129 to
134.
employee for unpaid compensation due
at date of death, forwarded to the Gen- Acceptance of employment with in-
eral Accounting Office for direct set-ternational agency.-The receipt of com-
tlement as required by General Regu-l pensation for terminal annual leave
may
(September 28, 1944)
515:01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
1
from a Federal agency concurrently day that he accepted employment under
with receipt of compensation as an em- a State government may be paid for
ployee of an international agency (such accrued annual leave for a period
as the United Nations Relief and Re- beyond the acceptance of such em-
habilitation Administration) would not ployment where his resignation was
contravene the dual-compensation stat- accepted as tendered effective at the ter-
ute of 1916 (see page 426) if the funds mination of the period of earned leave
provided for the participation of the (16 Comp. Gen. 776, February 19, 1937).
United States in such agency are to be As to recrediting of leave upon reem-
intermingled with grants made by other ployment in a Federal position, see
nations and thus lose their status as notes on page 497.01.
Federal funds (23 Comp. Gen. 744, Acceptance of private employment.-
April 1, 1944).
A Federal employee may be paid the
Resignation to accept employment compensation of his position during a
with State Government.-A Federal em- period of annual leave when he is em-
ployee whose resignation from a Fed-ployed by a private employer (includ-
eral position was tendered on the same l ing the American National Red Cross),
(September 28, 1944)
LEAVE OF ABSENCE
516
cases.
even though such employer is engaged | ed accumulated annual leave ending at
on work under a contract with the Gov- the close of business on a Saturday,
ernment, provided the salary in the or the day preceding a holiday, and
private employment does not constitute furlough without pay for the purpose
& contribution toward Federal salary of entering the Women's Army Corps
iu contravention of the act of March 3, is administratively approved in ad-
1917 (see page 439). The dual-compen-vance to begin on the next following
sation statutes do not apply to such duty day, the employee is entitled to
Where, due to an administrative compensation for the Sunday or holl-
error resulting from a misunderstand-day intervening between the expira-
ing of the requirements of the dual- tion of annual leave and the beginning
compensation statutes, an employee of the period of furlough without pay
with annual leave to his credit applied (22 Comp. Gen. 581, January 1, 1943).
for and was granted leave 'without pay *The conpensation payable for ter-
during a period of employment with a minal annual leave of a per annum em-
Government contractor, the annual loyee who works part of each calen-
leave may be substituted, retroactively dar day, but who is assigned to a shift
effective, for a corresponding period of consisting of 24 hours of continuous
the leave without pay. Where he re- duty with a 24-hour rest period between
signed to accept such employment, he each of such continuous-duty periods,
may be paid for accrued annual leave may be computed on the basis of con-
for a period beyond the acceptance of sidering the employee entitled to 2
such employment if his resignation was days! compensation for each 24-hour
accepted as tendered effective at the tour of duty and to 1/24 of 2/360 of his
termination of the period of earned annual salary for each hour of leave
·leave (16 Comp. Gen. 776, February 19, for which he is to be paid (decision,
1937; 20 Comp. Gen. 488, February 27, Comptroller General, August 5, 1944).*
1941; 22 Comp. Gen. 178, September Special termination leave.--Special
3, 1942; 23 Comp. Gen. 305, October 23, termination leave granted to employees
1943).
in excess of unused accumulated and
Additional accumulated leave made accrued leave to which employees are
available retroactively by statute.--In entitled under the annual leave act of
the case of employees now in the serv- March 14, 1936, or Presidential regula-
ice, the effective date of a proposed tions issued thereunder, will be regard-
termination or the beginning of leave ed as "unaccrued leave advanced" and
of absence without pay should be charged to future accruals of leave
changed in order to grant the employees earned while employed in another Fed-
the additional accumulated annual eral agency (16 Comp. Gen. 611, Decem-
leave to which they are entitled by the ber 22, 1936).
act of March 14, 1936, 49 Stat. 1161, as Substitution of leave with pay for
amended by the act of December 17, periods of nonpay status.-See notes,
1942, 56 Stat. 1052 (22 Comp. Gen. 810, page 504.
February 16, 1943).
Payment of overtime on terminal an.
Computation of amount of terminal nual leave.—Persons who are being paid
leave. The provision of the act of June for accumulated annual leave pending
30, 1906 (34 Stat. 763), which requires termination are entitled to overtime
the forfeiture of one day's pay for unau- compensation under the War Overtime
thorized absence on the 31st day of the Pay Act of 1943 on such period of leave
month, is not applicable to employees | if they would have been entitled to such
who are separated from the service on overtime had they remained in the serv.
the 30th day of a 31-day month (5 ice (22 Comp. Gen. 810, February 16,
Comp. Gen. 904, May 11, 1926).
1943).
Where an employee paid on an annual Granting of leave other than annual
basis for every day of the year, in- leave.-Under section 2.4 of the Annual
cluding Sundays and holidays, is grant- 1 and Sick Leave Regulations an
em
U.S. GOVERNMENT PRINTING OFFICE 0-1944
(September 7, 1944)
6 33
CIVIL SERVICE ACT AND RULES
J K
TRANSMITTAL SHEET NO. 15
.A 22
October 5, 1944
These sheets should be torn or cut apart along the perforations.
They should then be substituted as shown on the back of this page
for pages of the loose-leaf edition of the "Civil Service Act and
Rules." The steps in making the insertions are explained on page
XX of the introductory chapter, "How to Use This Book." The date of
this transmittal sheet and the date of filing should then be noted on
the "Filing Record" at the front of the book, and this page should be
filed immediately behind Transmittal Sheet No. 14.
When this filing is completed, pages 1 to 64, 69 to 80, 85 to 118, 123
to 146, 157 to 168.01, 185 to 220, 291 to 365, and 447 to 525 will be up
to date as of October 5, 1944.
Remarks
Additions have been made on pages 117, 117.01, 136, 136.01, 136.02,
139, 139.01, 140.01, 141, 142, 142.01, 143, 144, 144.01, 145, 145.01,
145.02, 146, 165, 167, 168.01, and 495.01.
Changes have been made on pages 139, 141, 142.01, 143, 145, 146,
165.01, 166, 167, and 168.
The section on reemployment after military service has been con-
siderably rearranged in order to permit a more analytical organiza-
tion in keeping with the greater development of this subject. So far
as possible, cross-references have been placed on pages from which
material has been transferred, so as to interfere as little as possible
with the use of the index. All pages to or from which material has
been moved, or on which material has been changed, have been
given new edition dates, but stars have been used only where ma-
terial has been added to or deleted from the section as a whole, or
where material has been changed. This accounts for the fact that
some pages which bear new edition dates contain no stars.
The principal shifts of material in this section are as follows: The
notes on form of application and physical disability have been trans-
ferred, with changes, from page 140 to page 142; the note on reemploy-
ment of veterans who fail of mandatory restoration has been trans-
ferred, with changes, from page 141 to page 145.01; the note on "Reem-
ployment of conscientious objectors" has been transferred, without
change, from page 142 to page 140; the note on mandatory restora-
tion after the First World War has been transferred, without change,
from page 145 to page 139.
It is believed that the nature of all other changes' will be obvious
upon comparison of the old with the new pages.
612925 0-44_1
TRANSMITTAL SHEET NO. 15 (OCTOBER 5, 1944)
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September 21, 1944.
$
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do...
October 31, 1943
October 5, 1944
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495
495
495. 01
August 3, 1944.
September 14, 1944.
August 3, 1944
October 5, 1944
495. 01
-
-
NOTE.---Pages of the October 31, 1943, edition bear no edition date
in the lower outside corner.
UNITED STANS OF AMERICA
HOV I NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT
DEPOSITO BY THE
116
Commission or to the regional office, as studied attention to the type of work
the case may be, within 7 days from for which he is best fitted and his
the receipt of such lists by the appoint- assignment or transfer thereto in ac-
ing. officer. If the reports are not recordance with applicable regulations,
ceived in the Commission or the re- will save for useful and efficient Fed-
gional office, as the case may be, by the eral service many employees who would
end of the 7-day period, allowing a rea-otherwise either be separated or else
sonable period beyond the 7 days for retained in positions in which they
time of transmittal, the names of eligi- have little prospect of success (depart-
bles submitted for positions paying mental circular No. 191, supplement 1,
$2,000 a year or less will be submitted May 10, 1940).
to other appointing officers for consid- Length and effective date of trial
eration, and the names of eligibles sub-period. --The trial period for all persons
mitted for positions paying more than who receive original appointments un-
$2,000 may be so submitted where neces- der the war-service regulations on or
sary in the discretion of the Commis- after June 8, 1942, will be one year.
sion (Commission's minute 3 of July 4, For persons appointed prior to that
1942).
date, but on or after March 16, 1942,
Reports of changes in civilian person- | the trial period provided for by the
nel.–See notes on page 203.
regulations in effect at the time the
appointment was made will continue to
TRIAL PERIOD
be applicable. (Under these regula-
[See section 3 of war-service regulation V; | tions, the trial period was (a) 6 months
war-service regulation VIII)
generally; or (b) one year if the Com-
Purpose of trial period.—During the mission and the department or agency
trial period, the employee's conduct and concerned had previously agreed on a
performance in the actual duties of his probationary period of one year under
position may be observed, and his em- the civil-service rules for the particular
ployment may be terminated without position; or (c) one year if the Com-
undue formality if circumstances so mission and the department or agency
warrant. The trial period is therefore concerned had agreed upon a trial pe-
regarded by the Civil Service Commis- riod of one year under the war-service
sion as a final and highly significant regulations for the particular position.
step in the examining process. It pro- A list of positions for which such ex-
vides the final and indispensable test, tended trial periods were agreed upon,
that of actual performance on the job, with the effective dates of such agree-
which no preliminary testing methods ments, appeared on pages 291 to 296 of
can approach in validity. Thus, the the November 30, 1941, edition of the
trial period, properly employed, pro- “Civil Service Act and Rules”.) Per-
vides protection against the retention sons who had received probational ap-
of any person, who, in spite of having pointments prior to March 16, 1942
passed preliminary tests, is found in (September 26, 1942, in the case of
actual practice to be lacking in fitness, deputy marshals and zone deputy col-
and capacity to acquire fitness, for lectors of internal revenue; November
permanent government service.
23, 1943, in the case of employees in
Properly used, , the trial period af- the field service of the Post Office De-
fords an opportunity for fostering the partment who had actually entered on
interest of the employee as well as luty on or before that date, and whose
the service. Intelligent and consider- selection was in proper order from a
ate treatment during it, or the reverse, certificate issued for probational ap-
may often mark the employee's entire pointment on or before October 23, 1943,
working career. Careful observation of and was properly reported), and were
the employee's performance and under- serving their probationary periods on
standing of his problems, together with that date, will continue to serve the
117 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
а
probationary periods for which they section 3 of war-service regulation V).
were appointed, rather than trial pe- Cf. notes as to length of probationary
riods, and their rights with respect period in the Postal Service on pages
to civil-service status are not affected 258 and 259, *and note on “Trial periods
by the war-service regulations. If they of part-time employees,” below.*
receive war transfer to another Effective October 13, 1942, persons re-
agency, they are permitted to complete appointed under war-service regulation
probation in the agency to which VIII will be required to serve a trial
transferred.
period of one year in accordance with
The appointments of persons who section 3 of war-service regulation V.
were serving temporarily on March 16, Prior to this date, the regulations con-
1942, the date of the adoption of the tained no specific provision for a trial
war-service regulations, and whose ap- period in the case of persons reap-
pointments were not specifically limited pointed under regulation VIII (depart-
to one year or less, were converted to mental circular No. 323, revised, supple-
war-service appointments on that date. ment 10, October 13, 1942).
In such cases, the length of the trial A new trial period of one year is re-
period is governed by the provisions of quired in connection with appointments
the paragraph next preceding. The be- from the war reemployment list. (See
ginning of the trial period will be con-
page 128.)
sidered the date of original appointment As to service of the trial period by
in the department or agency in which transferred employees, see section 11 of
the person was employed on March 16, war-service regulation IX, page 38.
1942, when his appointment was con- *Trial periods of part-time
verted to a war-service appointment (de- ployees.--Part-time employees who are
partmental circular No. 345, revision 2, serving under temporary war-service
August 5, 1942; action of Commission, appointments are not required to serve
April 3, 1942; Commission's minute 4 of a trial period. However, part-time em-
April 17, 1942).
ployees who are initially given war-
Temporary (including short-term) service indefinite appointments, and
employees given indefinite war-service part-time employees whose temporary
appointments in the same agency may appointments are subsequently con-
have the beginning of their trial period verted to indefinite appointments are
considered effective as of the date of required to serve a trial period. The
their original entrance on duty in the length of the trial periods of such part-
temporary position (departmental cir- time employees will be determined as
cular No. 323, revised, March 30, 1942). follows:
The trial period of war-service ap- The "full year of service" required by
pointees in the Postal Service will be the regulations as a trial period is con-
one year; in the case of substitutes, it strued in the case of part-time employ-
will be 2,448 hours of active duty ees as the equivalent of a calendar year
(action of Commission, March 31, 1944; 1 of full-time service. For this purpose,
em-
(October 5, 1944)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT 117.01
(1) 306 work days will be considered as circular 493, supplement 5, October 5,
the equivalent of a calendar year; and 1944).*
(2) full-time service will be that num- Extension of trial period to compen-
ber of hours per day (or average num- sate for furlough or leave-without-pay
ber of hours per work day) administra- period. When an employee is granted
tively set for full-time employees in the a furlough or leave without pay before
same type of positions in the adminis- he has completed his trial period, the
trative unit or, where there is no com- trial period is regarded as being ex-
parable full-time position, as in the case tended for a period equivalent to the
of certain char positions, the number of period of time he is in a nonpay status
hours per day set for the administrative (departmental circular No. 107, supple-
unit. Thus to complete his trial pe ment 6, August 17, 1939). (With re-
riod, the part-time employee must serve spect to reports on such periods of fur-
the equivalent of 306 full-time work lough and leave without pay, see notes
days. In making this determination, the on "Furloughs and leaves without pay,"
part-time employee will be credited with page 206.
the number of hours actually served, Military service not creditable toward
including overtime authorized or ap- completion of trial period.-An employee
proved by the proper administrative who is inducted into the military service
authority.
during his trial period cannot be cred-
For example, if the administratively | ited toward the completion of that pe-
set work day for full-time employees is riod with the time spent in the military
8 hours, the part-time employee must, service (Commission's minute 1 of May
to complete his trial period, serve the 21, 1941). Upon restoration to his civil-
equivalent of 306 eight-hour work days. ian position he will be regarded as serv-
A part-time employee who works for one ing his trial period until that period is
year at the part-time rate of 4 hours completed (departmental circular No.
per day would thus, in an appropriate 438, October 22, 1943).
case, normally be given credit for 153 New trial period after demotion of
days (306 times 4 divided by 8) toward person serving probationary or trial pe-
completion of his trial period. Where riod.-See notes on page 166.
the administrative work week for full- Advances of sick leave to employees
time employees is changed prior to conn- serving their trial periods.-Sick leave
pletion of the trial period of a part-time may not be advanced to an employee
employee, the hours actually served by serving his trial period under the war-
him prior to the change should be con- service regulations in an amount that
verted to full-time work days and com- would exceed the amount that would
putation of the remainder of his trial accumulate during such period (21
period be made on the basis of the new Comp. Gen. 989, May 5, 1942).
full-time work day.
Proinotions and changes in status dur-
If the part-time employee is trans- ing the trial period.-See notes on
ferred to a full-time position prior to page 157.
the completion of his trial period, the Eficiency ratings of persons serving
remaining number of work days of his their trial periods. See Civil Service
trial period shall be converted to cal Commission Forms 3823 (as amended
endar days by multiplying such num- by departmental circulars Nos. 474,
ber by 1.15. Any fraction of a day in March 14, 1944, and 486, June 6, 1944)
the result shall be considered as a full and 3823A for the uniforin efficiency.
day. After serving the resulting num- rating system, and particularly for the
ber of calendar days in a full-time ca- provisions thereof relating to the prepa-
pacity the employee will have com- ration of efficiency ratings for persons
pleted his trial period (departmental l serving their trial periods. .
(October 5, 1944)
118 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
Salary reduction, demotion, or dismis- | satisfactory to the appointing officer,
sal because of low efficiency rating.- the appointee may at any time there-
See notes on page 166.
after during the trial period be so noti-
Procedure in separation during trial fied in writing, and such notice shall
period.-*Section 3 of war-service regu- terminate his service.”
lation V provides as follows:
As to reductions in force involving
"If and when, after a full and fair employees serving their trial periods, see
trial during this period, the conduct or pages 185 to 192, and particularly page
capacity of the trial appointee be not 185.01.*
(September 21, 1944)
NOTES ON REENTRY INTO THE FEDERAL SERVICE
135
*
any other reason. Employees who re- official request must be received by the
sign voluntarily when they have the Commission within one year of the date
opportunity to remain in their positiòns of separation from the legislative serv-
will not be eligible under this section. ice; otherwise eligibility will lapse at
This section is intended to confer eligi. the expiration of a year from date of
bility for employment in the classified separation.
civil service only upon involuntary sep- (6) Request for noncompetitive ex-
aration from the legislative service; it amination either by an appointing officer
is not intended to confer eligibility for under paragraph 4 or by the legislative
transfer.
employee himself under paragraph 5
(3) The general procedure which may be made prior to actual separation
will be observed under this section will | in any case in which it is definitely
be the same as that followed for re- known that the employee will be sepa-
instatements to the classified service; rated involuntarily within 90 days.
that is, an employee eligible under this (7) The proviso "that any individual
section must himself locate a suitable who may hold such a position in the
vacancy in the classified service, and legislative branch must obtain such
the appointing officer desiring his serv- transfer within one year from the date
ices will make formal request upon the of separation
*" will be in-
Commission for authority to place him terpreted to be retroactive to the extent
on duty.
that persons otherwise eligible who
(4) Upon finding that the proposed were involuntarily separated without
appointee meets the requirements of prejudice prior to November 26, 1940
this section, the Commission will pre- (the date of the approval of the act)
scribe a suitable noncompetitive exami. will have the balance of the year (from
nation. A person failing such exami- the date of separation) in which to se-
nation may, upon request of the depart-cure a position in the classified service.
ment or agency desiring his services, (8) The four years of service re-
be reexamined immediately for the quired for eligibility will be interpreted
same position. If he fails the second
If he fails the second to mean any four years of service in a
examination a third examination will clerical capacity in any branch of the
be given only after a lapse of six Senate or House of Representatives.
months. There will be no limit, how- The service need not have been contin-
ever, to the number of different kinds uous, so long as the last separation was
of positions to which a person's rein- involuntary and without prejudice.
statement may be proposed under this Acquisition of a classified status under
section.
section 2 (b).-Appointment to an ex-
(5) Any legislative employee may es. cepted position within one year after
tablish in advance his eligibility for termination of the position in the legis.
transfer to a particular kind of classi- lative service is insufficient to fulfill the
fied position by being examined at his terms of the proviso in section 2 (b) of
own request for any position which he the “Ramspeck Act”; appointment to a
may specify and for which he meets position in the classified service is neces-
the
preliminary requirements. The sary (Commission's minute 6 of April 1,
number of examinations which will be 1941).
given for a position of a particular Apportionment. - Classification
and
kind will be governed by the provi. transfers to apportioned positions under
sions of paragraph 4 above. In cases section 2 (b) of the Ramspeck Act will
in which eligibility is established in ad not be charged to the apportionment
vance of an official request for the em- (Commission's minute 4 of August 14,
ployee's services under this paragraph, | 1941).
136 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
*
MANDATORY RESTORATION TO CIVILIAN be restored to such position or to a
POSITION AFTER SERVICE IN MERCHANT position of like seniority, status, and
MARINE
pay;
The act of June 23, 1943 (57 Stat.
"(b) Any person who is restored to
162), provides as follows:
a position in accordance with the pro-
"When used in this act the term visions of paragraph (A) or (B) of
'service in
the
merchant marine
subsection (a) shall be considered as
means service as an officer or member having been on furlough or leave of
of the crew on or in connection with absence during his period of service,
a vessel documented under the laws of shall be so restored without loss of
the United States or a vessel owned by, seniority, shall be entitled to partici-
chartered to, or operated by or for pate in insurance or other benefits of-
the account or use of the Administra- fered by the employer pursuant to es-
tor, as an enrollee in the United States tablished rules and practices relating to
Maritime Service on active duty, and, employees on furlough or leave of ab-
to such extent as the Administrator
sence in effect with the employer at
shall prescribe, any period awaiting the time such person entered such serv-
assignment to such service and any ice, and shall not be discharged from
period of education or training for such such position without reasonable cause
service in any school or institution un-
within one year after such restoration.
der the jurisdiction of the Administra-
tor. Any person entering service in the
"The Administrator, War Shipping
merchant marine after May 1, 1940, Administration, may make such rules
and before the termination of the un- and regulations as he deems necessary
limited national emergency declared by or appropriate to carry out the provi-
the President on May 27, 1941, who, sions of this act."
in accordance with rules and regula- With respect to procedure for release
tions prescribed by the Administrator, of Federal employees for service in
War Shipping Administration, the merchant niarine, see page 196.
pletes a period of substantially contin- *The act quoted above is adminis-
uous service in the merchant marine, tered and enforced by the Administra-
shall be entitled to a certificate to tor, , War Shipping Administration.
that effect from the Administrator | While the Commission may include per-
upon completion of such period, which sons who have served in the merchant
shall include a record of any special marine among those who are entitled
proficiency or merit obtained.
to the benefits of certain of its policies
“Sec. 2. (a) In the case of any such and procedures, such as entry on the
person who, in order to perform service war reemployment list under war-serv-
in the merchant marine, has left or ice regulation XIII, this will be done
leaves a position, other than a tempo- only where such procedures and poli-
rary position, in the employ of any cies are separate and distinct from the
employer and who (1) receives such rights of such persons under the act
certificate, (2) is still qualified to per- of June 23, 1943 (departmental circu-
form the duties of such position, and lar No. 496, July 29, 1944). Certain
(3) makes application for reemploy- rules and regulations issued by the Ad-
ment within forty days after comple- ministrator under the act are quoted
tion of such service-
below for convenience in reference by
“(A) if such position was in the em- users of this book; any questions con-
ploy of the United States Government, cerning them, or concerning the rights
its Territories or possessions, or the of former Federal employees under the
District of Columbia, such person shall / act of June 23, 1943, should be directed
com-
(October 5, 1944)
NOTES ON REENTRY INTO THE FEDERAL SERVICE
136.01
*
to the Administrator, War Shipping “304.76. Substantially continuous
Administration :
service.-The service of any seaman in
“304.75. Definiti0118.--As used here the merchant marine shall be deemed to
in: (a) 'Administrator' means the Ad have been 'substantially continuous' if
ministrator of the War Shipping such seanian continues in such service
Administration.
75 per cent or more of the time elapsing
“(b) 'Recruitment and Manning Or- between the date upon which he en-
ganization' means the Recruitment and tered such service and the completion
Manning Organization of the War Ship- of his period of substantially continu-
ping Administration.
ous service as defined in Sec. 304.77;
"(c) 'Training Organization' means provided, that any such seaman shall
the Training Organization of the War be credited with service in the merchant
Shipping Administration.
marine: (a) for any time during which
“(d) Vessel' means any vessel docu- he may be disabled for active employ-
mented under the laws of the United ment in such service as the result of
States, and any vessel owned by, char- illness or injury not caused by his own
tered to, or operated by or for the wilful misconduct; (b) for any time re-
account or use of the Administrator. quired for his repatriation following his
"(e) 'Seaman' means any person who separation from the vessel for any cause
has entered service in the merchant not due to his own neglect or wilful
marine after May 1, 1940, and before misconduct (not including time con-
tbe termination of the unlimited na- sunied in delay resulting from his re-
tional emergency declared by the Presi- fusal to be repatriated); (c) for any
dent on May 27, 1941.
period of service aboard a public ves-
"(f) 'Service in the merchant marine sel; and (d) for the period between the
means any service:
submission of his application for a cer-
"(1) As an officer or member of the tificate under these rules and regula-
crew on or in connection with a vessel ; tions and the issuance of such certifi-
cate.
“(2) As an enrollee in the United “304.77. Completion of period.--A
States Maritime Service on active duty, seaman shall be deemed to have com-
as heretofore defined by the rules and pleted a period of substantially continu-
regulations of the Administrator; or ous service in the merchant marine
"(3) As an enrollee or student in any upon the issuance of a certificate to
school or institution, including the that effect by the Administrator.
United States Merchant Marine Cadet "304.78. Issuance of certificate.---Any
Corps and any State Maritime Acad- sea man who serves a period of substan-
emy, under the jurisdiction or supervi- tially continuous service in the mer-
sion of the Administrator; or
chant marine as defined in Sec. 304.76
“(4) As a person awaiting assign- shall be entitled to a certificate to that
ment for service, as defined above, to effect from the Administrator,
the extent that such period is estab- such certificate to contain a record of
lished to the satisfaction of the Recruit- any special proficiency or merit ob-
ment and Manning Organization or the tained, including endorsements on the
Training Organization, as the case may certificate of any awards (excluding
be; or
the merchant seaman's insignia) that
“(5) In any combination of the fore- may have been issued to such seaman
going.
by the Seamen's Service Awards Com-
or
(October 5, 1944)
136.02 CIVIL SERVICE ACT, .RULES, AND REGULATIONS, ANNOTATED
*
mittee of the War Shipping Adminis- | ical treatment and recuperation, de-
tration or the Medal Awards Committee pending upon the nature of the illness or
of the United States Maritime Com- injury, or within 30 days after the pub-
mission.
lication of these regulations, whichever
“301.79. Applications for certifi- may be later, and (b) in the case of any
cates. If at the time of application for seaman as to whom the Recruitment and
a certificate of substantially continuous Manning Organization or the Training
service in the merchant marine, the ap- Organization finds that, through no
plicant has most recently been engaged fault of his own, his continued service
as an enrollee in the United States in the merchant marine is no longer
Maritime Service, as a Cadet-Midship- desirable or necessary, an application
man, or as an enrollee or student in must be submitted within 30 days after
any school or institution as defined in the date of his release or within 30 days
Sec. 304.75 (f) (3), application therefor after the date of the publication of these
shall be made through the Training Or- regulations, whichever may be later" (9
ganization. Application for such certifi- F. R. 5315, May 18, 1944).*
cates by all other seamen shall be made
through the Recruitment and Manning
MANDATORY RESTORATION TO CIVILIAN
POSITION AFTER MILITARY OR NAVAL
Organization. Application forms shall
SERVICE
be provided at all regional and port of-
tices of the Recruitment and Manning Statutory requirements.-(1) Mlem-
Organization in the United States, at all vers of the Officers' Reserve Corps.-
schools or institutions under the juris. The act of May 12, 1917 (40 Stat. 72;
diction or supervision of the Adminis- 10 U. S. C. 1940 ed. 371), provides in
trator, and at other accessible places. part as follows:
“304.80. Date of application.--All ap- “Members of the Officers' Reserve
plications must be submitted within the Corps who are in the employ of the
six-month period immediately following United States Government or of the
the termination of the unlimited na- District of Columbia and who are or-
tional emergency declared by the Presi. dered to duty by proper authority shall,
dent on May 27, 1941, except that (a) when relieved from duty, be restored to
in the case of any seaman who is per- the positions held by them when ordered
manently disabled for further service in to duty.".
the merchant marine is the result of To be entitled to the benefits of this
illness or injury not caused by his own provision, members of the Officers' Re-
wilful misconduct, an application must serve Corps must have been ordered to
be submitted within 30 days after the duty without regard to their personal
expiration of a reasonable time for med- | desires (departmental circular No. 212,
t
(October 5, 1944)
NOTES ON REENTRY INTO THE FEDERAL SERVICE
139
section 8 (b) (A) of said act shall Placement of employees on leave with:
be applicable to any such person without out pay during periods of military sery-
regard to whether the position which ice.-*For notes on this subject, in gen-
he held shall have been covered into eral, see page 197. As to reemployment
the classified civil service during the rights of employees who are separated,
period of his military or naval service.”' instead of being placed on leave without
The reemployment rights of persons pay, see page 141. As to granting of
called to duty with the armed forces leave without pay to employees who are
prior to May 1, 1940, pursuant to sec- ineligible for mandatory reemployment
tion 37 (a) of the National Defense under the Selective Training and Serv-
Act of June 3, 1916, as added by the act ice Act or comparable legal provisions,
of June 4, 1920 (41 Stat. 776; 10 U. S. see page 507. As to the necessity for
C. 1940 ed. 369), are derived from return to duty in accordance with the
section 3 (b) of the act of August 27, statutory provisions before annual or
1940 (see page 137) rather than from sick leave may be recredited or trans-
section 8 of the Selective Training and ferrell, see page 497.01.*
Service Act of 1910 and section 7 of Extension of annual leave beyond date
the Service. Extension Act of 1941. of entrance on active military or naval
Employees who voluntarily enlist after service.--See page 507.
May 1, 1910, are entitled to the reen- Granting of military leave for periods
ployment benefits of section 7 of the of active military service. See page
Service Extension Act (21 Comp. Gen. 520.
210, September 13, 1941).
Replacement of employees during
(5) Mandatory restoration to civilian periods of military or naval service.--
position after service in First World See page 518.
War. The following statutory provi- Civilian employment during active
sions, which governed restoration to ci-military or naval service.--See page 137.
vilian positions after service in the First Reemployment prior to qualifying for
World War, are reprinted for purposes reemployment benefits.—While a former
of comparison with the present pro- employee who has been separated from
visions :
his civilian position upon entering the
"All former Government employees armed forces may be enployed in a
who have entered the military or naval civilian position and receive the com-
service of the United States in the war pensation thereof during a period of
with the German Government shall be inactive status without pay in the re-
reinstated on application to their former serve, there is no proper basis for re-
positions if they have received an hon-quiring his successor to racaic the pisi-
orable discharge and are qualified to tion, in order to restore him thereto,
perform the duties of the position” (41 until he coinpletes and is relieved from
Stat. 142, July 11, 1919).
the period of service l'equired under
“Employees, including substitute em- the Selective Training an Service Act
ployees, of the Postal Service who have or corresponding statutes (22 Comp.
entered the military or naval service of Gen. 149, August 18, 1942).
the United States or who shall hereafter
enter it during the existence of the pres-
*Determination whether Employéw zis
Entitled to Reemployment
ent war shall, when honorably dis-
charged from such service, be reassigned Authority of the Comission til
to their duties in the Postal Service at instructions concerning the rights of it
the salary to which they would have turning veterans to reemployment.---
been automatically promoted had they | a letter of February 26, 1914, tu the
remained in the Postal Service, pro heads of executive depuisiniento sei
vided they are physically and mentally agencies, the l'rzsidei't said
qualified to perform the duties of such “My attention has been filled in 0...
positions" (40 Stat. 754, July 2, 1918; fact that there is some confusion in to
39 U. S. C. 1940 ed. 818).
minds of appointing officers in i. aii
(Ocioner 5, 1944)
139.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
partments and agencies as to the Fed- (2) He must have entered active mill-
eral government's obligations to provide tary or naval duty since May 1, 1940,
reemployment for persons who left the unless he is entitled to mandatory reid-
Federal service and entered the armed statement under the act of August 27,
forces. I am today designating the Civil 1940, as amended. (See page 137.)
Service Commission as my representa- (3) He must have received a certifi-
tive for the purpose of issuing, from cate of satisfactory completion of active
time to time, instructions which will in- duty or an honorable discharge.
dicate just what the rights of the re- (4) He must still be qualified to per-
turning veterans are under certain sets form the duties of his former position.
of circumstances. The instructions is- (5) He must apply for reemployment
sued by the Commission should be rig within 40 days after discharge (depart-
idly adhered to by the heads of the de mental circular No. 483, April 21, 1944).
partments and agencies and by their
MILITARY SERVICE DETERMINATIONS
representatives.
“I have instructed the Commission to Determination whether applicant for
notify me, through the Liaison Officer reemployment served in armed forces.
for Personnel Management, of any re- Deterinination whether an applicant
luctance upon the part of particular served in the armed forces is governed
departments or agencies to adhere to by the same principles for purposes of
these instructions relative to the reem- mandatory reemployment under the
ployment of returning veterans. The Selective Training and Service Act and
Federal government's record in this re- related legislation as for purposes of the
gard must be one which will constitute granting of preference. (See pages
an example for all employers.”
76.01 to 76.03.)*
In a letter of the same date to the Members of women's auxiliary organi-
Civil Service Commission, formally des- zations.-Upon performance of active
ignating it to act as his representative service, members of the following wom-
for this purpose, the President said: en's auxiliary organizations are
"In discharging this responsibility, it titled to the mandatory-reemployment
is my desire that the Civil Service Coin benefits of the Selective Training and
mission give full weight to the spirit and Service Act or similar statutes :
intent back of section 8 (A) of the Se- (a) Women's Reserve of the Navy
lective Training and Service Act. The ("WAVES") established by the Naval
Federal government, as an employer, Reserve Act of 1938 (52 Stat. 1175,
must act in connection with these mut- June 25, 1938; 34 U. S. C. 1940 ed.
ters in such a manner as to leave no 853-836), as amended by section 501
doubt in the minds of the citizens of this of the act of July 30, 1942 (56 Stat.
country of its intention to fully comply 730).
with the promises made to the nuombers (0) Women's Reserve of the Marine
of our armed services through the Selec- Corps, established under authority of
tive Training and Service Act."
an interpretation by the Judge Advo-
Conditions which employee must meet cate General of the Navy, dated October
in order to be entitled to reemploy- 26, 1942, of the Naval Reserve Act of
ment.-A Federal employee who enters 1938 (52 Stat. 1175, June 25, 1938; 34
the armed forces must meet the follow- U. S. C. 1940 ed. 853-856), as amended
ing conditions in order to be entitled to by section 501 of the act of July 30,
reemployment under the Selective Train-1912 (56 Stat. 730).
ing and Service Act, the Service Exten- (c) Women's Reserve of the Coast
sion Act, or the act of August 27, 1940, Guard ("SPARS"), established by the
as uuended :
act of November 23, 1942 (56 Stat.
(1) The position which he left must 1020; 14 U. S. C. 1940 ed., supp. II,
have been "other than a temporary posi- 381).
tion."
(d) Women's Army Corps
en-
17
(October 5, 1941)
NOTES ON REENTRY INTO THE FEDERAL SERVICE
140
con-
(“WACS”), established by the act of any kind of military service, combat-
July 1, 1943 (57 Stat. 371) (depart. ant or noncombatant, in which event,
mental circular No. 438, October 22, under the terms of the law and after
1943).
their claims have been approved they
Members of the Women's Army are assigned to work of national iin-
Auxiliary Corps (“WAACS”), which portance under civilian direction.
has now been succeeded by the Wom- They are placed in civilian camps and
en's Army Corps, are entitled to re- assigned to civil rather than military
employment benefits similar to those duties. This assignment is character-
provided by section 8 (b) of the Selec-ized by the law as being “in lieu of
tive Training and Service Act under induction."
special authority contained in the act The statutory language of the Se-
of May 14, 1942 (56 Stat. 282), which lective Training and Service Act does
established the Corps.
not make mandatory the reinstatement
Mandatory restoration of members of of former Government employees who
the Army Specialist Corps.-Executive are not actually "inducted” into the
Order No. 9078, February 26, 1942, estab- land or naval forces. Assignment to a
lishing the Army Specialist Corps, pro- civilian camp is not such an induction
vides : "Any person occupying a posi- but is in lieu thereof. Consequently,
tion, other than a temporary position, the mandatory reinstatement feature
in the government of the United States, of the law does not apply to former
its territories or possessions, or the Dis- Government employees who, as
trict of Columbia, may, with the consent scientious objectors, were assigned to
of the head of the department or estab- civilian work under civilian direction.
lishment in which he is employed, be It is the sense of the Council of Per-
transferred or appointed to a position sonnel Administration in which the
in the Corps, and shall during the period Commission concurs that a liberal atti-
of employment therein be deemed to be tude should be adopted by the depart-
on leave of absence without pay from ments toward reinstating such consci-
such position, but shall, upon applica-l entious objectors after their release
tion within forty days after termina- | froin their assignments.
tion of employment in the Corps, be The following general policy has re-
restored to such position or to a posi-ceived the approval of the Council and
tion of like seniority, status, and pay
the Commission: Provided that the
without loss of seniority, retirement conscientious objector meets the con-
benefits, or other benefits.
ditions necessary for eligibility for re-
"This order shall remain in force dur- | instatement under civil-service rule IX,
ing the continuance of the present war the department will do everything that
and for six months after the termination it can within reason to restore the
thereof."
former employee to the position which
Reemployment of conscientious objeo- he left or one which is equivalent
tors.-Under the Selective Training and thereto in status, seniority, and pay.
Service Act of 1940, conscientious ob- Such reinstatement will not be made
jectors who are not opposed to par-
unless it is possible to accomplish it
ticipation in noncombatant service are within the limits of funds then avail-
inducted into appropriate branches of able, and without discharging or de-
the land or naval forces and have the moting another employee. In order
same rights and privileges as inductees of priority of consideration, such ac-
who are assigned to combatant units. tion will take second place to the
Some conscientious objectors, how statutory necessity of reinstating for-
ever, are opposed to participation in mer employees who were inducted into
(October 5, 1944)
140.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
or
the combatant
noncombatant Service Act and similar legislation.
branches of the military or naval Members of reserve units and reserve
service.
officers must perform active service in
The official classification of a person the armed forces before they are en-
subject to the Selective Training and titled to reemployment benefits under
Service Act as a conscientious objector | those statutes (departmental circular
opposed to participation in combatant No. 438, October 22, 1943).
or noncombatant activities of the land *Determination whether applicant for
or naval forces of the United States is reemployment was honorably separated
not a bar to his reinstatement or em- from the armed forces.-For guidance
ployment in the Federal service. A in determining whether an applicant's
claim of conscientious objection recog- separation from the armed forces was
nized and approved by the Government under honorable conditions, see the notes
under the Selective Training and Serv- on comparable determinations in con-
ice Act does not indicate such a mental nection with the granting of veteran
reservation or purpose of evasion as preference, pages 76.07 to 77.03. Section
would make the taking of an oath of 2 of war-service regulation XIII (see
office under title V, section 16 of the page 41.01) provides authority for the
United States Code an invalid act. return to duty status of persons having
(departmental circular No. 286, Novem- reemployment benefits under that regu-
ber 8, 1941).
lation (including all those having re-
*Determination whether the appli- employment rights under section 8 (b)
cant for reemployment has performed of the Selective Training and Service
active service.- Determination whether Act of 1940, and the corresponding
an applicant for reemployment per- statutes cited above) pending 'subinis-
formed active service in the armed sion of proof of honorable separation
forces is governed by the same princi- from the armed forces. Section 3 of the
ples for purposes of mandatory reem- same regulation provides that “when
ployment under the Selective Training a person entitled to reemployment in the
and Service Act and related legislation Government service after active military
as for purposes of the granting of vet- or naval service is restored to duty the
eran preference. (See pages 76.04 and agency concerned shall submit proof of
76.05.)*
separation from such service and Pref-
Enlistment, or acceptance of a com-
erence Form 14 to the Commission."
mission, in a reserve unit of the mili- Application for reemployment.-See
tary or naval forces does not of itself page 142.
entitle employees to the reemployment Physical requirements for reemploy-
benefits of the Selective Training and I ment.—See page 142.*
(October 5, 1944)
NOTES ON REENTRY INTO THE FEDERAL SERVICE
141
1
sence.
DETERMINATIONS RELATING TO EMPLOYEE'S, employment rights under the Selective
ORIGINAL POSITION
Training and Service Act or. War-service
*Reemployment of persons who fail to regulation XIII was serving a proba-
meet conditions for entitlement to man- tionary or trial period at the time he
datory reemployment.-See page 145.01. left his position to enter the armed
Effect of separation from original
for(es does not have any effect on his
position.—There is no distinction be- reemployment rights. Such an employee
tween the reemployment rights of a
must be restored and must be given an
former Federal employee who was ter- opportunity to complete his probation-
minated
If
upon entering the armed ary or trial period after restoration.
forces and one who was placed in a
such an employee is restored under the
leave-without-pay or furlongh status. provisions of the Selective Training and
Service Act or the act of August 27,
(See notes on placement of employees
on leave without pay, page 197.) Fur-
1940, as amended, and satisfactorily
thermore, an employee who was termi- completes his probationary or trial pe-
natel is entitled, upon restoration un-
riod, he cannot be removeil within the
der the Selective Training and Service year following his restoration, except
Act, to all of the benefits provided for
for cause. However, his right to re-
employees on furlough or leave of ab- tention for one year is conditioned upon
While it is not required that satisfactory completion of his proba-
an employee be placed on furlough when tionary or trial period (departmental
he enters military service, the depart-circular No. 483, supplement 6, October
ment must regard him as “having been"
7, 1944).*
Restoration of indefinite and tempo-
on furlough upon restoration to his ci-
vilian position in accordance with the rary employees.-Section 8 (b) of the
provisions of section 8 of the Selective Selective Training and Service Act of
Training and Service Act, as amended,
1940 (see page 138) excepts persons who
and section 3 (b) of the act of August
leave “a temporary position" for service
27, 1910, as amended (20 Comp. Gen. 776,
thereunder from the mandatory-reem-
May 14, 1941; departmental circular No. ployment rights granted thereby. The
483, supplement 6, October 7, 1944).
Attorney General has held in an opinion
of December 30, 1941, that the meaning
An enployee who resigned and en-
tered the armed forces (loes not neces-
of the term "temporary position" as
sarily lose his reemployment rights be used in the act is not controlled by clas-
cause of a break of one or more days
sifications or terminologies peculiar to
between his civilian service and his mil- the Federal civil service system; that
itary service. If he ineets the provi. positions held by indefinite appointments
sions of war-service regulation XIII or under the civil-service rules are not
section 8 of the Selective Training and “temporary positions”; and that posi-
Service Act, as amended, he has reem- tions which are “temporary for the
ployment rights if he left to enter the duration of the emergency" are "tem-
armed forces. Whether he did so is a porary positions" within the meaning of
fact to be determined on the basis of the act. ·
the individual circumstances. The re- Restoration of war-service ap-
turning veteran should be given the ben-pointees.-Persons who receive original
efit of any doubt in this respect (depart-appointments under the war-service regu-
mental circular No. 483, supplement 6, lations are “temporary" within the mean-
October 7, 1944).
ing of section 8 of the Selective Training
Employees who were serving proba- and Service Act of 1940 and are therefore
tional or trial periods when they entered not required to be restored to their for-
the armed forces.—The fact that an mer positions under that section of the
employee who otherwise would have re-l act upon being discharged from the
(October 5, 1944)
142 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
are
on
military service (opinion, Attorney Gen- Restoration of employees who
eral, May 26, 1943). However, under physically unable to perform the duties
war-service regulation XIII (see page of their former positions. One of the
41), if a war-service appointee is dis- conditions which an employee must
charged from active military or naval meet in order to become entitled to
service prior to termination of the mandatory restoration under the Selec-
war, he will be entitled to substantially tiye Training and Service Act of 1940
the same reemployment benefits as are or similar legislation, or under war-
provided for permanent employees service regulation XIII, is that he "is
under the Selective Training and Serv- still qualified to perform the duties of
ice Act, but will not be required to be his position.” Determination as to the
retained in employment beyond the nature of the evidence to be required
limitation placed upon his original to establish such physical ability is left
appointment. War-service appointees by the language of the statutes and the
whose appointments are limited to one war-service regulation to the appointing
year or less are not entitled to the officer. He may base his decision on
reenıployment benefits either of the Civil Service Commission Form 2413 or
Selective Training and Service Act and other medical certificate or any
similar statutes or of war-service regu- other evidence which may be accept-
lation XIII (departmental circular No. able to him.
438, October 22, 1943).
* Reemployment in his former posi-
Eligibles who lose opportunities for tion, or one of like seniority, status,
appointment because of present or pros- and pay should not be denied to any
pective military service.-Eligibles who veteran on the basis of physical dis-
are offered an appointment and decline ability unless it is clearly shown that:
to accept it either because they are (1) His disability is such as to make
already in the armed forces or are performance of duty impossible or to
about to enter the armed forces will not reduce his job efficiency to a level below
have a position reserved for them until that normally expected of an acceptable
they are released from military service. employee..
They will, however, upon meeting the (6) His presence on the job would
requirements of Executive Order No. jeopardize the safety or health of him-
8937 of November 7, 1941, be restored self or others. *
to the register and be entitled to certi- Where a medical certificate is believed
fication therefrom ahead of all other to be desirable, the expense or the
eligibles on the register (departmental medical examination may be paid by
circular No. 438, October 22, 1943). the agency requiring it, without requir-
ing reimbursement by the employee. *
Departments or establishments having
Form of application for restoration to a clinical medical personnel can have
oivilian position. The application re- the examination made by such person-
quired to be made after release from nel. In Washington, D. C., departments
active military duty in order to obtain or establishments which have no clinical
the civilian reemployment benefits of medical officers in Washington, D. C., are
section 3 (b) of the act of August 27, authorized to represent the Coinmission
1940, 54 Stat. 859, as amended, need in requesting physical examinations
not be in any particular form; an in- under the Executive order of September
formal application made within the 40- 4, 1924 (see page 104), from the United
day period prescribed by the statute States Public Health Service provided
will suffice (21 Comp. Gen. 566, December that no expense to the Commission is
13, 1941).
incurred without prior specific approval
:
OTHER DETERMINATIONS
!
.
(October 5, 1944)
NOTES ON REENTRY INTO THE FEDERAL SERVICE
142.01
(departmental circular No. 451, Novem-gested that the agency continue his name
ber 13, 1943 ; * 23 Comp. Gen. 746, April on military furlough or on leave without
4; 1944; departmental circular No. 483, pay with the understanding that the
supplement 4, August 30, 1944).* veteran will report back to the agency
* The Comptroller General has held within a reasonable time as to his prog-
in a decision of December 13, 1941 (21 ress and the probable date when he will
Comp. Gen. 566), that an employee is be able to return to work (departmental
not entitled as a matter of right to be circular No. 451, November 13, 1943).
restored in accordance with section 3 Restoration of persons who do not pos-
(b) of the act of August 27, 1940, as sess a classified status.—The reemploy-
amended, or section 8 of the Selectivement benefits of the Selective Training
Training and Service Act, as amended, and Service Act and similar statutes,
where it has been administratively de- and of war-service regulation XIII, ap-
termined that the employee was not ply to any person without regard to
qualified to perform the duties of such a whether the position which he held
civilian position within 40 days after has been covered into the classified civil
relief from military duty.
service during his absence for military,
Where it has been administratively de naval, or merchant-marine service (de-
termined that the employee is not qual- partmental circular No. 438, October 22,
ified to perform the duties of the civilian 1943).
position which he left to enter upon As to classification of the employee
active military duty, he is not entitled upon restoration to his position, see
as a matter of right to be restored to section 6 of civil-service rule II (page
the former position or to one of like 221), section 6 of Executive Order No.
seniority, status, and pay. However, 8743 (page 330),, and the notes on page
every endeavor should be made by the 335.
made by the 335. *Where a timely recommendation
agency to place him in a position where was submitted for the classification of
the duties are compatible with his dis- an employee under the Ramspeck Act
ability. In any case where the appoint- or one of the Executive orders issued in
ing officer finds that the former employee pursuance thereof (see pages 328 to
is not qualified for, or cannot be placed 343), and he subsequently entered the
in, any position in the agency, all evi- military, naval, or merchant-marine
dence upon which the agency bases a service, action on such recommendation
decision should be transmitted to the may be carried through to completion
Civil Service Commission (central office even while he is in such service (de-
in Washington, D. C., for departmental partmental circular No. 291, supple-
cases in Washington, D. C., and to the ment 15, July 11, 1944).*
appropriate regional office for cases out-
Members-of-family requirement not
side of Washington) for consideration
applicable to mandatory restoration
in determining eligibility for other posi- after military or naval service.--Section
tions in the Federal service to which 9 of the Civil Service Act will not be
the veteran may be certified (depart-
mental circular No. 483, supplement 4, construed to defeat the right of any per-
August 30, 1944). *
son to mandatory reinstatement to the
In cases where a former employee
classified service under any applicable
who is entitled to reemployment rights law, Executive order, or civil-service
applies for such rights within 40 days rule requiring reinstatement after dis-
after discharge and makes a statement, charge from the military or naval serv-
accompanied by such evidence (if any) ice (Commission's minute 6 of Decem-
as the agency deems necessary, that he ber 26, 1911). * See also section 6 of
needs additional time to recuperate the Veterans' Preference Act of 1944,
from recent disease or injury, it is sug- page 10.02.*
1
(October 5, 1944)
143 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
Position to which Restoration shall been released from a Government po-
Be Made
sition for employment in an essential
Section 1 of war-service regulation activity conducted by a public or pri-
vate enterprise under such conditions
XIII provides in part as follows:
as to entitle him to reemployment bene-
"Any civilian employee of the execu- fits, and who, while employed in the
tive branch of the Government who has position to which transferred or re-
left or leaves his position (other than leased, enters active service with the
a temporary position) in order to per-armed forces of the United States, shall
form active military or naval service be entitled to the same reemployment
for the United States, and (a) is hon-benefits with respect to the Govern-
orably separated from active mili- ment position from which he was trans-
tary or naval service, and (b) is still ferred or released as those to which he
qualified to perform the duties of his po- would have been entitled had he en-
sition, and (c) makes application for tered active military or naval service
reemployment in such position within while employed in such Government
forty days after his *separation from position.”
active military or naval service, shall *Under this section, an employee who
be entitled to the following reemploy- transferred with reemployment rights,
ment benefits:
and who entered the armed forces from
“(1) He shall be reemployed in any the activity to which transferred, and
position to which, according to the rec- who meets the provisions of war-service
ords of the agency, *and according to regulation XIII or section 8 of the Selec-
the promotion regulations then in ef- tive Training and Service Act, has re-
fect, he would have been promoted if employment rights to the position from
he had not been absent to perform mili- which he transferred as well as the po-
tary or naval service;
sition to which he transferred. The
“(2) If such position does not exist, veteran has the option of applying for
he shall be restored to the position restoration to either of these positions.
which he held at the time of his entry Neither agency is relieved of the obli-
into the military or naval service; gation of employing the veteran on his
“(3) If neither of the positions re- request by the fact that he could have
ferred to in (1) or (2) exists, he shall applied for restoration to the other
be restored to a position comparable agency. He may be reemployed in
as to seniority, status, and pay with either agency without the approral of
the position which he held at the time the other agency. However, if he is
of his entry into the military or naval reemployed in the agency from which
service."
he transferred, that agency should no-
The same section provides further tify the agency to which he transferred
that *no permanent employee shall be in order that his name may be removed
removed, nor shall any permanent em-
from the rolls of the latter agency
ployee be denied reemployment under (departmental circular No. 483, supple-
this regulation, in order that any ein- ment 6, October 7, 1944).*
ployee who was originally appointed for Section 5 (c) of regulation IX, quoted
the duration of the war, or for the dura- above, is based in part on a provision in
tion of the war and six months there- paragraph IV of War Manpower Com-
after, may be reemployed under this mission Directive X, September 14, 1942,
regulation.*
as amended by War Manpower Commis-
Section 5 (c) of war-service regula-sion Directive No. XVI, December 24,
tion IX provides as follows:
1942. For the text of this provision,
“An employee who transfers within see page 15.
the Government service under such con- Time limit upon departmental action
ditions as to entitle him to reemploy- in restoring employee to position.-See
ment benefits, or an employee who has section 2 of war-service regulation XIII,
(October 5, 1944)
NOTES ON REENTRY INTO THE FEDERAL SERVICE
144
а
or
or
page 41.* cf. in this connection, the agency were transferred to only one
note on the Hall case, page 41.01.* other agency, the obligation to restore
*Effect of abolition of position or him rests upon that agency.
agency in which veteran formerly If the department or agency in which
served.—Under Section 8 (b) of the the employee formerly served has been
Selective Training and Service Act, and abolished together with its functions, as
similar provisions in other legislation, in the case of the Office of the Bitumi-
an employee who neets the conditions nous Coal Consumers' Counsel, the ob-
for entitlement to reemployment there- ligation to restore the employee rests
under, but whose original position has upon the Federal Government as
been abolished during his absence in the whole. The employee's name will be
armed forces, shall be restored to a entered on the Civil Service Commis-
position of like seniority, status, and pay. sion's war reemployment list, and the
The responsibility to restore him to such Commission will exert every possible
position rests upon the department or effort to place him in an appropriate
agency in which he has reemployment | position in another de
another department
rights, with certain exceptions set forth agency. He will also be entitled to the
in the following paragraphs. If the em- benefits described in the note entitled
ployee's old organizational unit, to- “Reemployment of persons who fail to
gether with its functions, has been abol-ineet conditions for entitlement to man-
ished, the employee must be restored to datory reemployment” on page 145.01
a position of like seniority, status, and (departmental circular No. 483, April 21,
pay elsewhere in the agency. If the 1944; Commission's minute 1 of June 9,
functions of the veteran's old organiza- | 1944).
tional unit have been transferred to
Separation of employees to make room
another constituent organization or unit for returning veterans.-See section 206
of his department agency, the of the reduction-in-force regulations,
agency's obligation to reemploy him con- page 186.02.
tinues, but it may determine whether
he should be restored to a position with
Rights of Restored Veteran
the constituent organization to which Under section 8 (b) of the Selective
the functions of his old unit were trans- ) Training and Service Act, and corre-
ferred, or should be restored to the unit sponding provisions in other legislation,
in which he was serving at the time of the employee's rights are not limited to
his entrance into the armed forces (as- restoration to his former position, or to
suming that this unit is still in exist- a position of like seniority, status, and
ence).
pay. The laws further provide that:
If the agency in which the employee (1) He shall be restored “without
formerly served has been absorbed into, loss of seniority";
or merged with, another department or (2) He shall be entitled, upon restora-
agency, the obligation to restore him tion, to "participate in insurance or
rests upon the department or agency other benefits offered by the employer
which has absorbed the old agency, or pursuant to established rules and prac-
has resulted from the merger. If the tices relating to employees on furlough
agency in which he formerly served has or leave of absence in effect with the
been abolished, and all or part of its employer at the time he was inducted";
functions have been transferred to other (3) He shall not be discharged from
departments or agencies, the obligation the position to which restored "without
to restore him rests upon the depart-cause within one year after such res-
ment or agency which has taken over toration."
the functions of the organizational unit Indefinite war-service appointees who
in which he was employed, or the duties enter the armed forces are not granted
performed by him in his former posi- | these rights by the acts cited. However,
tion; if the functions of his former war-service regulation XIII grants them,
(October 5, 1944)
144.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
upon meeting the conditions for restora-partment, but upon such return his
tion set forth in that regulation, the name will be restored to the promo-
right to restoration without loss of tional. list in order of rating without
seniority, as well as the right to restora- further written examination. If the
tion to the same position or to a position promotional list does not run for as
of like seniority, status, and pay. It is long a period as the period of eligibility
not required, howerer, that they be re- which he missed while on active duty
tained in employment beyond the limita- with the armed forces, his rating will
tion placed upon their original appoint- be carried forward on the list next
ments.
established after his return to duty in
Under the provisions of war-service the department, for a period of not to
regulation XIII, any person entitled to exceed the time lost, or he may com-
reemployment either under that regu- pete in the new examination. A mem-
lation, under section 8 (b) of the Se-ber of the Police or Fire Department
lective Training and Service Act, or who, because of active duty in the
under corresponding provisions in other armed forces, does not take any pro-
legislation, is entitled to reemployment motional examination in which he is
in "any position to which, according to eligible to compete, will be admitted to
the records of the agency, and accord- a reopened examination upon his return
ing to the promotion regulations then in to duty in the department, and his
effect, he would have been promoted if rame entered on the promotional list
he had not been absent to perform mili- (Commission's minute 1 of August 11,
tary or naval service” (departmental 1943).
circular No. 483, April 21, 1944).
Recording of changes in status of
In addition to the rights expressly employees who have entered the armed
granted by the acts referred to above, forces. There is no legal or accounting
and war-service regulation XIII, re objection to the administrative record-
stored employees have a number of ing of changes in the status of employees
rights derived from other authorities. on military duty who, when restored to
As to their rights to automatic and their civilian positions, under existing
periodic salary advancements, see notes law will be entitled to the benefit of any
below. As to their right to be recom- reallocation of their positions, and who,
mended for a classified status upon res- under Executive Order No. 8882 of Sep-
toration, see section 6 of civil-service tember 3, 1941, will be entitled to any
rule II, page 221; section 6 of Execu- automatic promotions that would have
tive Order No. 8743, page 330 ; and the accrued to them during their absence
notes on page 335. As to their right to had they remained in civilian service
recrediting of unused annual and sick (21 Comp. Gen. 1007, May 11, 1942).
leave, see pages 483 and 497.01.
Automatic advancement in salary.--
As to the effect upon the rights set Section 5 of Executive Order No. 8882,
forth above of separation from the em- Septeniber 3, 1941, provides as follows:
ployee's original position, see page 197.* "Any employee of the Federal Govern-
Admission of District of Columbia po- ment who in accordance with the pro-
licemen and firemen to promotional ex- visions of the Selective Training and
aminations held during their absence in Service Act of 1940 (Public, No. 783,
the armed forces.--Any member of the 76th Cong.), or of Public Resolution No.
armed forces on furlough from the 96 approved August 27, 1940, relating to
Police or Fire Department of the Dis- the mobilization of auxiliary military
trict of Columbia will be admitted to personnel, is restored to the same posi-
any promotional examination for the tion or a position of like seniority,
department in which he is eligible to status, and pay, without loss of senior-
compete. Any eligibility he may ac- ity, shall be entitled to receive a salary
quire will be suspended until after he at a rate of not less than the employee's
has returned to active duty in the de- 'latest rate prior to his entrance into
(October 5, 1944)
NOTES ON REENTRY INTO THE FEDERAL SERVICE
145
active military or naval duty plus any | ice." The act further provides that the
within-grade salary advancement or pro rata credit given for the time en-
advancements to which he would have gaged in military service shall be based
been eligible under the provisions of on 2,448 hours for each year of such
the said section 7 (b) of the Classifica- service.
tion Act of 1923, as amended." For Active military or naval service not
notes on the granting of within-grade creditable toward completion of proba-
salary advancements to such employees, tionary period.--See notes, page 259.*
see page 457.
Classification upon restoration to po-
District of Columbia policemen, fire-sition.–See section 6 of civil-service
men, and teachers who render military rule II, page 221 ; section 6 of Executive
or naval service pursuant to the Selec- Order No. 8743, page 330; and notes on
tive Training and Service Act of 1940 page 335.
or the act of August 27, 1940 (54 Stat. *Discharge after restoration.-Section
858), are entitled, if and when restored 8 (c) of the Selective Training and Serv-
to their civilian positions in accordance ice Act of 1940 (see page 138), provides
with the provisions of said statutes that any person who is restored to a
upon completion of the military or position in the employ of the Federal
naval service required thereunder, to be Government or of the District of Co-
restored with the automatic grade or lumbia under section 8 (b) thereof “shall
salary to which they would have been not be discharged from such position
advanced had their military or naval without cause within one year after
service been civilian service (21 Comp. such restoration." Section 3 (c) of the
Gen. 66, July 24, 1941).
act of August 27, 1940, as amended (see
Regular postal employees ordered or page 137), relating to members of re-
inducted into military service, upon serye components of the armed forces,
restoration to their civilian positions contains a similar provision with re-
under the terms and conditions of the spect to persons restored under section
Selective Training and Service Act of 3 (b) thereof. A returning veteran who
1940 or the act of August 27, 1940 (54 | is not entitled to statutory restoration,
Stat. 858), as amended, may be ad-but who is reemployed under
vanced to the grade and salary to which service regulation XIII or some other
they would have been advanced had authority, is not entitled to this protec-
their military service been postal serv- tion against discharge. However, if en-
ice, but, since the benefits of these stat-titled to veteran preference (see page
utes are available only upon restoration 76), he is entitled to the preferential
to civilian position, no administrative treatment in retention granted to pref-
action making adjustments in grade erence employees generally, and the
and salary rate of the employees should same is true of persons restoreil under
be taken while they are absent on mili- statutory authority after the one-year
tary duty (20 Comp Gen. 789, May 20, period has run. As to retention rights
1941).
after restoration of persons who are
*In fixing the salary of substitutes serving probationary or trial periods,
who are separated from the Postal Sery- see page 141.
ice for military duty, after return to Reduction in force does not fall
such service, the substitute is entitled, within the accepted definition of "dis-
under section 3 of the act of March 24, | charge for cause." A returning vet-
1944 (Public Law 266, 78th Cong.), to eran who has been reemployed under
receive credit for “the period of terms section 8 of the Selective Training and
of service immediately preceding induc-Service Act or section 3 of the act of
tion into the military service, as well | August 27, 1940, as amended, may not
as for the time engaged in military sery- I be separated because of a reduction in
war-
(October 5, 1944)
145.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
force within one year following his res- proper action is taken, and who later
toration to duty until all other employees returns to civilian duty, shall not be
in competition with him, except other considered an "appropriate current offi-
veterans reemployed under one of these cial rating" for the purposes of demo-
statutory authorities who are serving | tion, separation, and reduction in force.
their first year after restoration, have An official special rating, in which only
been separated. In this connection, see service rendered since return to civilian
the reduction-in-force regulations on duty may be considered, shall be made
pages 185 to 192.
as of the 90th day after return to civilian
Section 8 (c) of the Selective Train- duty for the purpose of determining
ing and Service Act, and section 3 (c) of whether demotion or separation shall be
the act of August 27, 1940, as amended, effected, and for subsequent purposes.
do not prohibit discharge for cause If March 31, the date of official regular
within one year after restoration. In ratings, occurs before he has completed
such cases the employee would be en- 90 days of service after his return to
titled to the advance notice and other civilian duty, he shall not receive a regu-
rights provided by section 14 of the lar rating.
Veterans' Preference Act of 1944 (see In the event of a reduction in force
page 10.04). and section 2 of war-service before the 90th day, an official special
regulation VII (see page 30.01) if he is rating shall be made for that purpose,
a permanent or indefinite employee who and for subsequent purposes. Only serv-
has completed a probationary or trial ice rendered since return to civilian duty
period. Among the reasons which are may be considered in the rating. No
regarded as sufficient to warrant dis rating will be required as of the 90th
charge "for cause" are the following: day.
(a) Physical or mental unfitness for Official special ratings made under the
the position to which restored ;
circumstances stated above shall not be
(6) Criminal, infamous, dishonest, .considered as having been "made for the
immoral, or notoriously disgraceful con- purpose of revising a prior official rat-
duct;
ing" or as having been "made to effect
(c) Intentional false statements as to the summary dismissal or salary reduc-
any material fact, or deception or fraud tion of an employee," within the meaning
in securing reemployment;
of probibitions against ratings for these
(d) Refusal to furnish testimony as purposes (departmental circular No. 486,
required by civil-service rule XIV (see June 6, 1944).
page 286);
(e) Habitual use of intoxicating bey. Reemployment of Persons Who Fail to
erages to excess ; .
Meet Conditions for Mandatory Re-
(f) Reasonable doubt as to the em-
employment
ployee's loyalty to the Government of
Under specified conditions, one of
the United States;
which is that he must apply for restora-
(9) Any legal disqualification for re- tion to duty within 40 days of honorable
employinent;
discharge, a Federal employee dis-
(h) Delinquency or misconduct; charged from the armed forces has the
(i) An efficiency rating of "Unsatis- right of restoration to duty. Under war-
factory” in performing the duties and service regulation XIII restoration must
responsibilities of his position (depart-take place within 30 days of his applica-
mental circular No. 483, supplement 5, tion for reemployment.
October 3, 1944).
An honorably discharged veteran who
An official efficiency rating of "Un-fails to meet one of the specified condi-
satisfactory" assigned to an employee tions and thus has no reemployment.
who enters the armed forces before I rights under section 8 of the Selective
(October 5, 1944)
NOTES ON REENTRY INTO THE FEDERAL SERVICE 145.02
were
Training and Service Act or war-service the November 30, 1941, edition of the
regulation XIII, may nevertheless, at Act and Rules), or under the act of June
the discretion of his agency and regard-23, 1943, providing mandatory restora-
less of whether he was separated or tion rights to civilian positions after
placed on furlough or leave without pay service in the Merchant Marine (see
at the time he left.the agency to enter page 136). These policies will not be
the armed forces, be:
construed as extending the tenure of
(1) Recalled to duty by his agency employment of persons who
without the prior approval of the Civil originally appointed for the duration of
Service Commission within one year the war or for the duration of the war
after discharge, in his former position and six months thereafter. In no case
or in a position of like seniority, status, will the leave-without-pay or furlough
and pay, or in a position to which, ac- status be recognized as continuing be-
cording to the records of the agency, yond the limitation, if any, attached to
and according to the promotion regula- the appointment originally.
tions then in effect, he would have been Appointments of former classified em-
promoted if he had not been absent to ployees who are honorably discharged
perform military or naval service; pro- from the military service and who fail
vided, that where the recall to duty will of, or do not desire, mandatory restora-
constitute a promotion or reassignment tion under the provisions of the Selec-
requiring the prior approval of the Com- tive Training and Service Act,
mission, approval for such promotion or amended, may, at the request of the
reassignment must be secured before en- employee and the requesting agency,
trance on duty. (See page 157 as to be approved under civil-service rule IX
promotion regulations and requirement or X, as the case may be, rather than
of prior approval.)
under war-service regulation VIII or IX.
(2) Considered for transfer to an- This provision also applies to classified
other Federal agency within one year employees having mandatory restora-
after discharge.
tion rights to civilian positions under the
The policies set forth above are also act of June 23, 1943 (see page 136), after
applicable to persons carried on leave service in the Merchant Marine ((lepart-
without pay by a Federal agency under mental circular No. 494, revised, Sep-
authority of section 4 of war-service tember 20, 1944; Commission's minute
regulation IX (see page 34), under Ex. 1 of November 6, 1943, as amended by
ecutive Order No. 8973 (see page 94 of minute 2 of September 4, 1944).*
as
(October 5, 1944)
146 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
REEMPLOYMENT BENEFITS ACQUIRED which are authorized by the Commis-
THROUGH TRANSFER
sion, notice of the employee's entitle-
Types of transfers which carry reem-
ment to reemployment benefits will be
furnished to the agency to which such
ployment benefits.-See sections 2 (a),
3 (a), and 4 of war-service regulation benefits are applicable. In all intra-
IX. For partial lists of employees who agency transfers in which employees
cannot be transferred with reemploy. are entitled to reemployment benefits,
notice of entitlement to such benefits
ment rights, see page 148.
*Reemployment rights will not be should be furnished by the agency to
granted in any transfer where a state- | the employee, and a report of such
ment of availability is accepted as a re-
transfers must be made to the Civil
lease and negotiation with the losing Service Commission within one week
agency is dispensed with.*
after the effective date of the transfer
Executive Order No. 9243 of Septem- (departmental circular No. 323, revised,
ber 12, 1942, under the authority of March 30, 1942).
which War Manpower Commission Di-
Completion of probationary or trial
rective No. X and the present war- period after transfer.—*See section 11
service regulation IX were issued, pro- of war-service regulation IX, page 38.*
vides that nothing contained therein Persons initially appointed for the du-
shall be construed to affect reemploy- ration of the war.--Employees who were
ment rights theretofore acquired by any initially appointed for the duration of
employee under Executive Order No. the war and are subsequently trans-
8973 of December 12, 1941, or Execu- ferred with reemployment benefits will,
tive Order No. 9067 of February 20, upon being involuntarily furloughed or
1942. For the text of these orders, terminated without cause such as
see pages 94 and 308 of the Novem- would reflect upon their suitability
ber 30, 1941, edition of the Act and for reemployment in the Federal
Rules.
service, be l'equired to be restored
Agency in which transferred employee only for the duration of the war.
is entitled to reemployment benefits. At the cessation of the war, the
See paragraphs (0) and (c) of section reemployment rights of persons ap-
5 of war-service regulation IX. An pointed for the duration of the war will
employee who is transferred to one consist merely of eligibility for entry
agency with reemployment rights, and on the reemployment list since at that
later transferred to a second agency, time their positions, or positions of like
also with reemployment rights, has re- status, will not exist (departmental
employment rights in the agency from circular No. 323, revised, March 30,
which originally transferred, and not 1942). For information about the war-
in the agency from which subsequently reemployment list, see war-service regu-
transferred (letter to the Administra-lation XIV, page 41, und notes on page
tor of the Federal Security Agency, 124.
May 21, 1943).
Consideration after transfer for pro-
As to employees who entered the motion in former agency.-See para-
armed forces from a position to which graph (e) of section 5 of war-service
they were transferred with reemploy- regulation IX.
ment rights, see page 143.
Conditions requisite to the invocation
Notice of entitlement to reemploy- of reemployment benefits.-The reem-
ment rights.-In inter-agency transfers ployment benefits provided by section 5
(October 5, 1944)
NOTES ON ASSIGNMENT AND CHANGES IN RANK OR SALARY 165
shall be furnished to the person affected appeals from such employees will not
upon request; and that copies of them be entertained thereunder. Demotions
shall be furnished, upon request, to the of employees reached for action, in lieu
Civil Service Commission. These pro- of separation, where separations are ef-
visions do not require or grant the fected in the same competitive level or
privilege of nswer by the person who occupational group, are controlled by
is reduced, and the requirement in the priorities indicated in section 206 of the
act and rule that the person affected reduction-in-force regulations (see page
shall upon request be furnished a copy 186.02). Where no separations or fur-
of the reasons does not make it neces- loughis in excess of 90 days are effected
sary to postpone the reduction until in n particular competitive level or oc-
such request is complied with (Commis- cupational group, there is no reduction
sion's minute 1 of March 17, 1914). in force as defined in section 103 (a) of
(See also the decision of the Court of the reduction-in-force regulations (see
Claims in the case of Bennett v. United page 185.01), and those regulations are
States, 1939, 89 Ct. Cls. 322.)
not applicable (action of Commission,
*Persons entitled to preference under August 5, 1944.)*
the Veterans' Preference Act of 1944 Effective date of reduction --Where
(see page 10), who are serving under the appointing power is in the head of
permanent or indefinite appointment a department and not in a subordinate
and have completed a probational or field officer, the demotion of a field em-
trial period, are granted the privilege ployee upon recommendation of the
of answering the reasons of the depart field subordinate is not effective prior
ment or office by section 1+ of that act. to the date of approval by the head
They are entitled to advance notice of of the department, and may not be
the action as provided in that section, made retroactively effective from the
and must be allowed a reasonable time date fixed by the subordinate.
for answering the reasons either per- The demotion of an employee, in-
sonally or in writing, and for furnish-volving a change of duties, from a sal-
ing affidavits in support of such answer. ary rate in one Classification Act grade
For section 14 of the act, see page 10.04. to a lower salary rate in a lower grade
Appeal to the Commission.--Section 1+ the salary range of which also includes
of the Veterans' Preference Act of 1944 the rate received by the employee in
(see pnge 10.04) grants the privilege of the higher grade, may not be made
appeal to the Commission from proposed effective prior to receipt of notice by
reductions in rank or compensation to the employee.
persons entitled to preference under the
The head of a department, the ap-
act who are serving under permanent pointing power, may not rescind retro-
or indefinite appointment and have com- actively effective a prior order, reduc-
pleted a probational or trial period.
ing an employee, which has become
The reduction-in-force regulations con-
effective (16 Comp. Gen. 979, May 5,
tain provisions (see pages 191 to 192)
1937). (See also 16 Comp. Gen. 451,
for appeals to the Commission from ac-
October 28, 1936.)
tions taken in connection with a reduc-
tion in force. The right to make such
An employee who was reduced in
an appeal is not limited to persons en-grade and salary simultaneously with
titled to veteran preference, but such his release from active civilian service
appeals may be made only in connec- under orders to enter the active mill-
tion with a reduction in force. Demo- tary service may be paid compensation
tions of employees not reached for action for his accumulated and current ac-
in a reduction in force are not subject crued civilian leave, concurrently with
to reduction-in-force regulations, and I active military pay, under the act of
(.October 5, 1941)
165.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
August 1, 1941, only at the reduced rate the approval of the Civil Service Com-
applicable to the position actually held mission. Such actions shall be taken in
at the time he entered the military conformity with the rules stated below.
service (21 Comp. Gen. 310, October 8, All salary reductions, demotions, and
1941).
dismissals required under these rules
*Veteran preference in reduction in shall be reported to the Civil Service
rank or salary.-The basic statutory Commission and, with respect to em-
provision governing veteran preference ployees in the departmental service,
in reduction in rank or salary is section shall be deferred until the Commission's
14 of the Veterans' Preference Act of approval is formally given, except that
1944 (see page 10.04).
such reports and prior approval are not
Reduction in rank or salary in lieu of required with respect to employees sery-
separation because of reduction in ing probational or trial periods.
force.-See page 190.'
(a) No administrative or unofficial ef-
Reduction in rank or salary for disci- ficiency rating shall be used as a basis
plinary reasons.--See page 458.
for taking action under these rules.
Salary reductions, demotions, or dis- (6) The rate of compensation of an
missals because of low efficiency rat- employee whose official efficiency rating
ings.--Section 9 of the Classification is "Fair" shall be reduced one salary
Act, as amended, requires that "Reduc- step if his rate of compensation is above
tions in compensation and dismissals for the middle rate. If the rate of com-
inefficiency shall be made by heads of pensation is equal to or below such
departments in all cases whenever the middle salary rate, it shall not be sub-
efficiency ratings warrant,” subject to lject to reduction on that account.
(October 5, 1944)
NOTES ON ASSIGNMENT AND CHANGES IN RANK OR SALARY 166
(C) An employee whose official ef- (e) Employees shall be notified of any
ficiency rating is "Unsatisfactory” shall anticipated action under these rules in
not be permitted to remain in his posi- advance of the effective date of such
tion. He shall be assigned to a position action. In so far as feasible, at least
more nearly commensurate with his thirty days' notice is recommended (de-
ability, either (1) in the same line of partmental circular No. 458, December
work, in which case the position shall 23, 1943, and supplement 3 thereto, Sep-
be in a lower classification grade and his tember 26, 1944; departmental circular
rate of compensation shall not be in No. 486, June 6, 1944).*
excess of the middle rate for such grade, Commission's jurisdiction in reduc-
or (2) in some other line of work for tion.-See notes on page 183.
which he is qualified, in which case he Commission's power to investigate re-
shall be considered as having received a ductions.-See page 283.
new appointment to the extent that his Discrimination in reduction.-Section
rate of compensation shall be at the 2 of civil-service rule XII provides as
minimum rate for such grade and he follows:
shall begin a new probational or trial “In making removals or reductions,
period; or if no suitable vacancy is avail- and in other punishment, like penalties
able he shall be separated from the sery- shall be imposed for like offenses, and
ice for inefficiency. A probational or no discrimination shall be exercised
trial period employee, assigned to a po- for political or religious reasons.”
sition of lower classification grade, shall Section 2 of the Civil Service Act
begin a new probational or trial period prohibits discrimination in reduc-
in the new position. An employee who tion because of marital status. (See
receives an “Unsatisfactory" efficiency page 6.) With respect to discrimina-
rating, subsequently enters the armed tion because of race, note
forces before proper action is taken, and page 44.
later returns to civilian duty, shall not
ASSIGNMENT
be demoted or separated within ninety Requirement of prior authority of
days. The determination as to whether Commission.-See page 220.
demotion or separation shall be effected Assignment of internes in public ad-
will then be based on an official special ministration. Internes in public admin-
efficiency rating. When an employee istration without a classified status
who has completed his probational or
may not be assigned to any tasks
trial period and whose efficiency rating which would comprise a competitive
is “Unsatisfactory" appeals his rating civil-service position under existing
to the appropriate Board of Review, law, nor may internes be assigned
created under the provisions of Section without compensation to the regular
9 of the Classification Act of 1923, as
work of excepted positions (depart-
amended, within 15 days after receiv- mental or field) subject to the pay
ing notice of the rating, action based scales of the Classification Act.
(See
on the efficiency rating shall be with departmental circular No. 208, Decem-
held pending the outcome of the appeal. ber 4, 1939.) See also statute and .
(d) For the purposes of the above notes on "Voluntary Service,” pages 424
rules, the fourth salary rate shall be con- and 425.
sidered the middle rate in any grade *Service as internes by citizens of
which has six salary rates.
other American republics.—See page 230.
see
on
(October 5, 1944)
167 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
Assignments in the field service of the account of emergent conditions abroad
Post Office Department.-Substitute are unable properly to serve the United
clerks in the Postal Service employed in States at their regular posts of duty may
one post office part of the day may be be assigned to the Department of State
assigned to work as substitute clerks in to perform temporary services in that
another post office for the remainder of Department or to be detailed for tem-
the day, provided there are no eligibles porary services of comparable impor-
on the register or substitute clerks on the tance, difficulty, responsibility, and value
in any other department or agency of
roll for the office where the additional
service is to be rendered who are will the United States, in cases where there
ing to accept the employment available, is found to be a need of services for the
and provided that the Post Office Depart. performance of which such persons have
ment ascertains that such employment
the requisite qualifications. The sala-
in such dual capacity is permissible ries of such persons shall, notwithstand-
under laws and legal decisions on that ing the provisions of any other law,
subject. Such service at a second post of such assignments from the appropri-
continue to be paid during the periods
office will be regarded as an additional
ations under the caption 'Foreign Inter-
assignment and the time served con-
course' in the Department of State Ap-
sidered as part of the total service for propriation Act for the fiscal year 1943”
the purpose of assigning the proper (57 Stat. 271, July 1, 1943).
salary grade when the substitute is pro-
A similar provision in the same act
moted to the regular roll (Commission's authorizes the assignment of an ambas-
minute 2 of June 16, 1943).
sador and minister "whose salary as
The Postmaster General may, in an such is payable from the appropriation
emergency, when the interest of the 'Salaries, Ambassadors and Ministers'
Service requires, temporarily assign any and who, prior to appointment as Am-
post-office clerk to the duties of city de bassador or Minister was legally ap-
livery carrier or any such carrier to the pointed and served as a diplomatic or
duties of such clerk and in an emergency, consular officer or as a Foreign Service
when the interest of the Service re- officer, and who, on account of emergent
quires, may temporarily assign any post conditions abroad, is unable properly to
office clerk or city delivery carrier to the serve the United States at his regular
duties of a railway postal clerk or any post of du!," to serve in any capacity
in which a Foreign Service officer is
railway postal clerk to the duties of a
post-office clerk or city delivery carrier authorized by law to serve. The dura-
tion of this authority is limited to
without change of pay-roll status, the
six months after the termination of the
compensation of any temporarily as-
present war. Compensation in such
signed employee to be paid from the
emergency assignment is limited to
appropriation made for the work to
$9,000- per annum in the continental
which he is regularly assigned (act of
United States and $10,000 per annum
November 4, 1943, 57 Stat. 586). This
outside it.
act, under its terms, expires
Assignment of members of boards of
June 30, 1945, or such earlier date
United States civil-service examiners.-
as may be prescribed by concurrent
resolution of Congress.
See notes on page 18.
Assignment and detail of Foreign
DETAILS
Service employees.—"During the con-
tinuance of the present war and for six Details from field to departmental
months after its termination, American service. The act of June 22, 1906 (34
citizens holding positions in the Foreign Stat. 449; 5 U. S. C. 1940 ed. 39),
Service of the United States and who on provides as follows:
on
(October 5, 1944)
NOTES ON ASSIGNMENT AND CHANGES IN RANK OR SALARY 168
"Hereafter it shall be unlawful to such committee for an extended period
detail civil officers, clerks, or other (21 Comp. Gen. 1055, May 26, 1942).
subordinate employees who are author- Any executive agency which requests
ized or employed under or paid from authority for the temporary appoint-
appropriations made for the Military ment of a person to serve with a Con-
or Naval Establishments, or any other gressional committee will be requested
branch of the public service outside of to cite the specific statute under which
the District of Columbia, except those such authority is requested. The re-
officers and employees whose details are quest on the agency should call atten-
now specially provided by law, for duty tion to the material appearing on pages
in any bureau, office, or other division 1300 and 1301 of the Congressional Rec-
of any executive department in the ord of February 16, 1942, and adviso
District of Columbia, except temporary the agency that unless both Houses of
details for duty connected with their Congress agree and the President ap-
respective offices."
proves the resolution or bill to author-
Details to the office of the President.-ize the executive branch to employ per-
The act of June 27, 1944 (Public Law sons for the purpose of detail to the
358, 78th Cong.), provides as follows: legislative branch, there is no authority
"Employees of the executive depart. in law under which the Commission
ments and other establishments of the may approve the proposed temporary
executive branch of the Government appointment (Commission's minute 2
may be detailed from time to time to of April 14, 1942).
the office of the President of the United *Details to United Nations Relief and
States for such temporary assistance as Rehabilitation Administration. The act
may be deemed necessary."
of June 30, 1944 (Public Law 382, 78th
Details to a Congressional commit- Cong.), provides in part as follows:
tee. An executive agency of the Gov-
any officer or employee of
ernment, in the absence of specific stat- any executive department, independent
utory authority therefor, may not lend establishment, or agency who is detailed
or detail employees to a Congressional to the United Nations Relief and Re-
investigating committee unless the work habilitation Administration and com-
of the committee actually aids the pensated hereunder, either directly or
agency in the accomplishment of a pur- by reimbursement of applicable appro-
pose for which its appropriations are priations or funds, shall, while so de-
made, or unless the services of em-tailed, retain and be entitled to the
ployees who are already on the rolls of rights, benefits, privileges, and status
the agency may be spared for brief of an officer or employee of the United
periods, such as a few days or a week States and of the department, inde-
or so, without detriment to the work pendent establishment, or agency from
of the agency and without necessitat- which detailed."
ing the hiring of additional employees. Details of employees of the Navy
In the absence of specific statutory Department. The Naval Appropriation
authority therefor, appropriated funds Act, * 1945 (section 114, Public Law
of the National Labor Relations Board 347, 78th Cong., June 22, 1944),* pro-
may not be used to pay the salaries of vides as follows:
newly appointed employees detailed or "No appropriation for the Navy De-
loaned to a Congressional investigating partment or the Naval Establishment
committee, where the employees were shall be available during the fiscal year
not needed for any work required to be 1945, except funds transferred or made
performed by the Board but were ap- available to other executive agencies
pointed to fill existing vacancies solely for use for naval purposes, for the em-
for the purpose of being assigned to ployment of persons for the perform-
(October 5, 1944)
168.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
ance of service in other than the Navy | thorizes the Federal Security Adminis-
Department or elsewhere than under trator to detail officers and employees
the Navy Department, except (1) of the Public Health Service to duty in
employees who had been employed by the executive departments of the Gov-
and performing service under the Navy ernment. The provisions of the section
Department for three months or more are as follows:
immediately prior to their detail for "The Administrator is authorized,
service elsewhere and (2) employees upon the request of the head of an execu-
now or hereafter detailed and assigned tive department, to detail officers or em-
pursuant to the lawful authority of the ployees of the Service to such depart-
Secretary of the Navy to any commit- ment for duty as agreed upon by the
tee of the Congress operating under Administrator and the head of such de-
resolution duly authorizing such assign- partment in order to cooperate in, or
ment."
conduct work related to, the functions
Details of Foreign Service employ of such department or of the Service.
ees.--See notes on page 167.
When officers or employees are so de-
Detail of postal employees to military tailed their salaries and allowances may
camps or posts. The act of July 9, 1943 be paid from working funds established
(57 Stat. 391), permits details of
as provided by law or may be paid by
postal employees from main post offices
the Service from applicable appropria-
to postal units at military or naval
tions and reimbursement may be made
camps, posts, or stations without change as agreed upon by the Administrator and
in the official station of the employee.
the head of the executive department
*Details in Veterans' Administra-
concerned. Officers detailed for duty
tion.-The Servicemen's Readjustment
with the Army, Navy, or Coast Guard
Act of 1944 (Public Law 346, 78th Cong., shall be subject to the laws for the gov-
June 22, 1944), provides as follows:
ernment of the service to which de-
“Nothing in the Selective Training and
tailed."
Service Act of 1940, as amended, or any
Under section 216 of the Public Health
other act, shall be construed to prevent Service Act, the President may by Execu-
the transfer or detail of any cominis-
tive order declare the commissioned
sioned, appointed or enlisted personnel corps of the Public Health Service to be
from the armed forces to the Veterans'
a military service, in time of war or
Administration subject to agreements
emergency proclaimed by the President.
between the Secretary of War or the As to the granting of veteran preference
Secretary of the Navy and the Admin-
on the basis of service by Public Health
istrator of Veterans' Affairs: Provided, Service officers detailed to the armed
That no such detail shall be made or services under this authority, see notes
extend beyond six months after the ter-
on page 76.02.
mination of the war."
Details of Government Printing Ofice
Section 103 of the same act provides :
employees.--The Legislative and Judi-
“The Administrator of Veterans' Af- ciary Appropriation Act, 1945 (Public
fairs shall have authority to place offi- Law 354, 78th Cong., June 26, 1944), pro-
cials and employees designated by him
vides as follows:
in such Ariny and Nary installations as
"No part of any money appropriated
may be deemed advisable for the purpose in this act shall be paid to any person
of adjudicating disability claims of, and employed in the Government Printing
giving aid and adrice to, members of the Office while detailed for or performing
Army and Navy who are about to be dis- service in the executive branch of the
charged or released from active service." public service of the United States un-
Details of Public Health Service offi- less such detail be authorized by law."*
cers and employees.--Section 214 (a) of Salary rate upon which overtime com-
the Public Health Service Act (Public pensation of detailed employees should
Law 410, 78th Cong., July 1, 1944) au-' be based.See notes on page 474.01.
19
(October 5, 1944)
LEAVE OF ABSENCE
495
an
ACORUAL AND CREDITING OF LEAVE definite employees such leave credit at
Date on which leave may be cred- the beginning of the service month in
ited.-Sick leave of absence is not which the leave is earned, or at any
granted by the act of March 14, 1936, time during the month other than the
end thereof (24 Comp. Gen. 26, July 13,
49 Stat. 1162, on a yearly basis, but on
1944).*
a monthly basis. The monthly accrual
Administrative determinations as to
of one and one-quarter days becomes
available to the employee at any time on
amount of leave to employee's
or after the first day of the month. The credit.-The keeping of records of em-
setting up of 15 days' sick leave credit ployees' accrued annual and sick leave
at the beginning of the leave year for is an administrative duty and respon-
use as needed is not authorized (15 sibility, and, therefore, the administra-
Comp. Gen. 866, March 27, 1936; 15 | tive determination as to the amount of
Comp. Gen. 1058, June 4, 1936).
annual and sick leave an employee has
The monthly credit of 2 days' annual to his credit ordinarily will not be ques-
leave may be allowed to permanent em-
tioned by the General Accounting Office
ployees during their first year of service (22 Comp. Gen. 348, October 14, 1942).
at the beginning of the month in which Reestablishment of lost leave rec-
it accrues. However, it is within ad-ords.—No objection will be made to the
ministrative discretion to deny such em- acceptance by the War Department of
ployees the monthly credit until the the sworn statement of any employee
expiration of the month in which it as to the amount of leave previously
accrues (23 Comp. Gen. 841, May 4, taken by him, for the purpose of re-
1944). As to crediting annual leave to establishing his service and leave rec-
permanent employees who have served ords which have apparently been lost
more than one year, see section 2.1 (a)
as a result of enemy action (22 Comp.
of the Leave Regulations.
Gen. 348, October 14, 1942).
After the first month of service, tem-
Methods of accounting for leave.-
porary employees may be credited with Section 5.1 of the Leave Regulations
annual leare at the beginning of the
grants the Civil Service Commission
month in which it accrues, although it is
authority to prescribe methods of ac-
within administrative discretion to deny
such employees the monthly credit of counting for leave, subject to the ap-
annual leave until the expiration of the proval of the Director of the Bureau of
month in which it accrues (23 Comp.
the Budget.
Gen. 841, May 4, 1944).
Departments and agencies to which
The credit of leave to "indefinite em- these regulations apply have heretofore
ployees" (within the meaning of the prescribed their own methods of main-
Leave Regulations) accrues as the leave taining employee leave records. They
is earned. Where such an employee is may continue to follow such methods
absent on leave without pay for a frac- until further notice, provided that, in
tion of a day, or a day or more, a new accordance with section 5.1, they main-
month's period is begun when duty is tain an account of leave for each eni-
resumed (20 Comp. Gen. 827, May 28, ployee under their respective jurisdic-
1941; 18 Comp. Gen. 400, October 31, tions (departmental circular No. 469,
1938; 23 Comp. Gen. 603, February 18, February 11, 1944).
1944). The two days' monthly leave
Effective date of changes in regula-
credit may be administratively al- tions as to leave crediting.–The leave
lowed at the end of each month of regulations in force when the leave is
service, including the first month, in earned are controlling in the matter of
which it is earned; but there is no crediting leave (23 Comp. Gen. 603,
administrative authority to grant in-1 February 18, 1944).
(August 3, 1944)
495.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
Computation of leave credits.-Stand- not serve on the 31st (based on 23 Comp.
ard Form 67, “Leave Credit Table,” is Gen. 789, April 15, 1944; 23 Comp. Gen.
used in computing annual- and sick-leave 837, May 2, 1944).
credits. This table applies only to those Accrual of leave during periods of
employees who are working a regular leave with pay.—The purpose and in-
8-hour tour of duty. All computations tent of section 4.2 of the Annual and
therein are based on a 30-day month; as Sick Leave Regulations is that leave
to computing leave for a fractional on leave, either
on leave, either sick or annual, is
month, see note on "Fractional months earned only if there is a return to duty,
of service," below. Standard Form 67 and no leave on leave, either sick or
may be requisitioned from the Govern- annual, is earned during terminal an-
ment Printing Office by the office in each nual or sick leave. Under Section 4.2
agency which is authorized to procure (b) no leave is earned on terminal
printing from the Government Printing leave which precedes entrance into
Office (departmental circular No. 471, active military service, even though
February 26, 1944). As to authority for he is subsequently restored to his posi-
this table, see decision, Comptroller tion in accordance with section 8 (b) of
General, February 11, 1944.
the Selective Training and Service Act;
Quarterly additional annual leave or which precedes separation, even
credits. -A permanent employee must though he is reinstated in the same or
serve an entire quarter of the calendar another agency within 30 days after ex-
year in order to be entitled to the one-piration of his terminal leave; or
half day additional credit of annual which precedes retirement, regardless of
leave (4 hours) in March, June, Septem- the cause of the retirement (23 Comp.
ber, and December as provided by sec- Gen. 603, February 18, 1944; 23 Comp.
tion 2.1 (a) of the Leave Regulations Gen. 677, March 16, 1944; 23 Comp.
(decision, Comptroller General, Febru- | Gen. 837, May 2, 1944; decision, Comp-
ary 11, 1944). However, the fact that troller General, August 17, 1944.
an employee is in a leave status at the The right to accrue leave during
end of the quarter or has been on leave leave with pay which is followed by a
without pay cluring a part of the quarter return to duty is not affected by the fact
does not, in itself, disqualify him for the that such return is to a different agency,
quarterly credit (see note entitled "Ef- if such agency is subject to the leave
fect of leave without pay upon leave acts of March 14, 1936 (decision, Comp-
credits", page 495.02).
troller General, August 17, 1944).
*The employee must have served the If leave on leave is granted erro-
entire quarter as a "permanent em-neously because of the fact that the ad-
ployee" within the meaning of the leave ministrative office had no advance in-
regulations. Service as a "temporary formation that the employee intended
employee” may not be included, even to resign at the termination of his
though it immediately preceded trans- leave, a charge properly is for assert-
fer or appointment to a “permanent” ing against the employee for the over-
status (decision, Comptroller General, drawn leave representing the amount
September 11, 1944).*
of compensation which actually was
Where there are 31 days in the final paid for the period of leave on leave
month of a quarter, a permanent em- (23 Comp. Gen. 638, February 29,
ployee who is paid for the first 30 days of 1944). Cf. note on "Requirement of
that month and has been continuously refund from employees separated from
employed from the first day of the the service”, page 503.
quarter may be considered as having The prohibition against the granting
been "continuously employed for the en- of leave on leave during terminal leave ·
tire quarter-year ending in such month, applies to employees whose tenure of
within the meaning of section 2.1 (a) of service is indefinite and whose termi-
the Annual Leave Regulations so as to nation of service must be fixed after
entitle him to the full monthly and quar. service has been rendered. It has
terly annual leave credit authorized no application to deny "temporary em-
therein. This is true even though the ployees" within the meaning of the
30th is a nonwork day, and he does Leave Regulations--who are appointed
(October'5, 1944)
U.S. GOVERNMENT PRINTING OFFICE 01944
J K
633
-A 22
CIVIL SERVICE ACT AND RULES
TRANSMITTAL SHEET NO. 16
October 12, 1944
These sheets should be cut or torn apart along the perforations.
They should then be substituted as shown on the back of this page for
pages of the loose-leaf edition of the "Civil Service Act and Rules."
The steps in making the insertions are explained on page XX of the
introductory chapter, "How to Use This Book." The date of this trans-
mittal sheet and the date of filing should then be noted on the "Filing
Record" at the front of the book, and this page should be filed imme-
diately behind Transmittal Sheeet No. 15.
When this filing is completed, pages 1 to 64, 69 to 80, 85 to 118, 123
to 168.01, 185 to 220, 291 to 365, 377 to 382.01, and 447 to 525 will be
up to date as of October 12, 1944.
Remarks
Additions have been made on pages 147.01, 151.01, 152, 153, 153.01,
155, 155.01, 156, 379, 380, 381, 382, 382.01, 457, and 496.
Deletions have been made as indicated on pages 148.01, 149, and
381.01.
Changes have been made on pages 147, 148, 148.01, 149, 150, 151,
153, 153.01, 154, 155, 155.01, 156, 378, 380, 381, 381.01, and 467.
Some of the deletions on page 148.01 are the result of the termination
of the agencies involved; others are the result of determinations that
the employees concerned may be transferred, as shown elsewhere on
pages 148 and 148.01. The deletion on page 149 is the result of the reor-
ganization of pages 148 and 149 (in the case of the first paragraph
involved) and of the expiration of the act of July 12, 1943 (in the case
of the second paragraph). The material indicated as changed on
page 378 has been transferred to page 381.
The deletions on page
381.01 are the result of the act of May 20, 1944, quoted on page 379.
It is believed that the nature of all other changes will be obvious
upon comparison of the old with the new pages.
No page appearing in a particular installment has been changed in
that installment (except by transfer of material from contiguous pages)
unless the edition date of the page is the same as that of the transmittal
sheet. Stars are retained on reprinted pages to indicate the last
changes made on the page.
613617_44
-1
TRANSMITTAL SHEET NO. 16 (OCTOBER 12, 1944)
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495.04 September 14, 1944
496 October 12, 1944
NOTE.—Pages of the October 31, 1943, edition bear no edition
date in the lower outside corner.
.
DEPOSITORY THE
UNITED STATES OF MO
NOTES ON REENTRY INTO THE FEDERAL SERVICE
147
NOVISS
of war-service regulation IX require (3) In all such reemployments, the
the employee to file application for employee shall have the same status
reinstatement within 40 days after she which he had prior to transfer ; that is,
actually goes on furlough (or after ter- an employee who had a permanent
mination of services, if there is no pre- classified status prior to transfer shall
liminary furlough), but in no event later resume such status upon reemployment
than 6 months after the end of the war. | under section 5 (a) (2) of war-service
While the 40-day period begins to run regulation IX, and will not be regarded
upon actual furlough (or termination), as serving under a war-service appoint-
the application may be made immedi- ment.
ately upon official notification of fur- In applying the procedure described
lough or termination (departmental | above, the departments and independent
circular No. 323, revised, March 30, establishments should establish before
1942; section 5 of war-service regulation returning the person to duty that he
IX; departmental circular No. 493, July was *furloughed or terminated in-
3, 1944).*
voluntarily and not for cause such as
For the duration of the war, employees would reflect on his suitability for re-
may exercise reemployment rights only employment in the Federal service by
by being *furloughed or* terminated in the agency or enterprise to which he
voluntarily and without cause such as was transferred with reemployment
would reflect on their suitability for re- rights. Persons who are voluntarily
employment in the Federal service. terminated during the war may not
Those who are voluntarily *furloughed exercise reemployment rights, and may
or* terminated may be reemployed only be reemployed only with the prior ap-
with the prior approval of the Commis- proval of the Commission through re-
sion through retransfer or reappoint- transfer or reinstatement.
ment* except as otherwise provided in If the employee is not restored to the
note on "Reemployment of persons who position he left but to some other po-
fail to meet conditions for mandatory sition for which prior approval of the
reinstatement," page 145.01 (depart- Commission would have been required
mental circular No. 397, supplement 1, had his change in status been proposed,
January 6, 1943).
such reemployment shall require the
Procedure in return of transferred prior approval of the Commission.
employee to former agency.-Prior au- The procedure described above is ap-
thority of the Commission will not be plicable both to persons transferred to
required for the return to his former other Federal agencies and to those
agency of an employee transferred to transferred to private enterprises with
some other agency under the war- reemployment rights under Executive
service regulations with reemployment Order No. 8973 of December 12, 1941,
rights, when he returns to the position or section 4 of war-service regulation
he left. In lieu thereof the following
IX. It does not apply, however, to
procedure should be followed :
intra-agency transfers made under war-
(1) All such transfers and reemploy- service regulations; in such a case the
ments should be promptly reported to return of an employee to his former
the Civil Service Commission as re- position or to a position of like sen-
employments under section 5 (a) (2) of iority, status, and pay within the agency
war-service regulation IX.
is an administrative matter to be de-
(2) All such reemployments will be termined by the employing agency (de-
subject to a check of the records by partmental circular No. 397, December
the Commission as soon as the reports 19, 1942, and supplement 1 thereto, Jan-
are received.
uary 6, 1943).
(October 12, 1944)
147.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
Recrediting of leave upon return from after service in private industry engaged
transfer. See page 497.
in the war effort are not entitled to time
Waiting period for within-grade sal- credit for the periods of service in pri-
ary advancement after reemployment.- vate industry either for salary-advance-
See pages 454 and 457.
ment or for leave-accrual purposes (23
*Time credit for service in private in-
dustry.-Postal employees—regular or
Comp. Gen. 877, May 17, 1944).*
substitute_who are reinstated or re-
Employees possessing reemployment
assigned in the Postal Service pursuant rights which are not exercised. See
to section 4 of war-service regulation IX | page 145.02.
(October 12, 1944)
NOTES ON TRANSFER
148
NOTES ON TRANSFER
EXTENT OF APPLICATION OF WAR-SERVICE | ecutive branch of the Federal Govern-
REGULATION IX
ment which are excepted from the Civil
Transfer jurisdiction of the Commis- Service Act and rules, including those in
sion with respect to positions. The ju- excepted agencies, those excepted by
risdiction of the Commission under Ex- law, and those under Schedules A and
ecutive Order No. 9243 and War Man-B, must be made under regulation IX
(departmental circular No. 323, revised,
power Commission Directive No. X, as
March 30, 1942; Commission's minute 1
amended, the authorities for war-sery-
ice regulation IX, is not limited to of September 15, 1943; action of Com-
positions in the classified civil service. mission, March 11, 1943; Commission's
All positions in the executive branch of minute 1 of March 13, 1944). As to the
Commission's transfer jurisdiction over
the Federal Government are subject to
regulation IX with the following ex. positions in the legislative and judicial
branches, and in the District of Colum-
ceptions:
bia governinent, see pages 13 and 149.
(1) Positions to which appointments
*Transfer jurisdiction of the Commis-
are made by the President subject to
confirmation by the Senate. *(If a Fed- sion with respect to persons.-In gene-
eral employee in the executive branch ral, Federal employees in the executive
branch of the Federal Government may
is appointed to such a position, and de-
be considered for transfer under war-
cision as to reemployment rights in his
service regulation IX. This includes,
former position becomes necessary at
any time, the case should be submitted among others, the following classes of
employees :
to the Commission.)*
(1) Employees in positions in excep-
(2) Transfers to and within the field
ted agencies;
service of the Post Office Department
(2) Employees in positions excepted
of employees with a classified civil-sery-
by law;
ice status. (See section 10 of war-
(3) Employees in positions under
service regulation IX, page 38.)
Schedules A and B;
(3) Transfers to the position of po-
(4) Temporary employees;
liceman in the U. S. Park Police force
(5) Administrative employees and
of the Interior Department.
those paid from the Supply Fund of
*(4) Classifications and transfers of
the Work Projects Administration ;
legislative employees under section 2
(6) Employees of Federal Land
(b) of the Ramspeck Act of November
Banks, Federal Intermediate Credit
26, 1940 (see notes on page 134).
Banks, Banks for Cooperatives, and
In requests for transfer of specific Production Credit Corporations and
persons to attorney positions, the Com- joint officers and employees for these
mission passes on questions of release
four institutions;
and of the granting of reemployment
(7) Employees of subsidiary corpora-
rights, but not on the question of the
tions of the Reconstruction Finance
qualifications of the individual pro-
Corporation.*
posed for transfer.
The following groups of persons,
As to certain transfers which may be among others, are not transferable un-
authorized under authorities other than der war-service regulation IX:
war-service regulation IX, see page (1) Substitute rural carriers ;
149.*
(2) Star-route carriers;
Inter-agency and intra-agency trans- (3) Special delivery messengers in
fers (other than those of a type shown second-, third-, and fourth-class post-
above) from and to positions in the ex-l offices;
(October 12, 1944)
148.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
(4) Clerks in fourth-class post Administrative Office of the United
offices;
States Courts);
* * * *
*
* *
(8) Employees of the Federal Re-
(5) Employees of the Board of Edu-
serve System.
cation of the District of Columbia ;
* *
(6) Employees of Federal Reserve
While transfers of the following types
banks;
cannot, for legal or technical reasons,
(7) Employees in the legislative and
be authorized with reemployment
judicial branches of the Federal Gov- rights, they may be authorized without
ernment (except employees of the Gov- reemployment rights under section 2
ernment Printing Office, who are re- (b) of war-service regulation IX when
garded as being under the executive it is determined that such transfers
rather than the legislative branch of would be “in the best interests of the
the Government, and employees of the Government service":
(October 12, 1944)
NOTES ON TRANSFER
149
а.
(a) Transfers from and to positions | sion's minute 2 of January 13, 1943, and
in the Administrative Office of the minute 1 of March 12, 1943).
United States Courts;
Employees possessing reemployment
(0) Transfers from and to positions rights which are not exercised. See
in the Government Printing Office;
page 145.02.
(c) Transfers from and to the Dis- Clerical employees of the legislative
trict of Columbia Government;
branch. - See page 134.
(d) Transfers from positions in the Transfers of student nurses for train-
civil service of Puerto Rico;
ing purposes.--See page 320.
(e). Transfers from the position of Transfers of persons who have been
lighthouse keeper, United States Coast recommended for classified status
Guard (since any replacement must under the Ramspeck Act.-Transfers or
come from the armed forces, the posi- promotions under section 2 of Execu-
tive consent of the Coast Guard to tive Order No. 8833 of July 26, 1941
the transfer is required) ;
(see pages 337 to 339), may be effected
(f) Transfers from the position of after January 1, 1943, in cases in which
postmaster (the postmaster will not be recommendation for classification was
available for entrance on duty in the made prior to that date but action upon
new position until the acceptance of such classification has not been com-
his resignation and appointment of a pleted by the Commission. In the case
successor by the Post Office Depart- of agencies subject to the war-service
ment (departmental circular No. 323, regulations for transfer or promotion
revised, March 30, 1942; Commission's purposes, the transfer or promotion will
minute 1 of December 26, 1942; minute actually be effected under the war-
1 of September 15, 1943; minute 1 of service regulations, but will be treated,
March 13, 1944; minute 3 of July 29, where matters of status classification
1944; actions of Commission, March are involved, as having been made un-
11, 1943, and July 14, 1943).
der Executive Order No. 8833 if per-
* * *
missible under that order.
*Persons holding emergency appoint-proval of the Commission to effect such
ments under section 4 of regulation V.- | transfers or promotions will be required
See section 8 (a) of war-service regula- only in those cases in which prior ap-
tion IX, page 38.
proval would be required apart from
Transfers to United Nations Relief the provisions of Executive Order No.
and Rehabilitation Administration.- 8833. However, the agency from which
Federal employees may be transferred the transfer is made should promptly
to the United Nations Relief and Re-notify the Commission of the transfer
habilitation Administration, an inter- by letter (attention Service Record Di-
national organization, under the pro- vision) which should show the date
visions of section 4 of war-service regu- of the recommendation for classifica-
lation IX provided they meet the re- tion.
quirements of War Manpower Commis- In connection with transfers under
sion Directive No. X (Commission's the War Service Regulations, it will be
minute 1 of March 22, 1944). (For the responsibility of the agency to
War Manpower Commission Directive which an employee transfers to ascer-
No. X, see page 13.)*
tain whether he is eligible for classifi-
Appointments of employees on fur- cation under one of the Executive or-
lough.--Appointments of employees in ders issued pursuant to the act of No-
furlough status may be authorized un-vember 26, 1940, and to submit an ap-
der war-service regulation IX (Commis-propriate recommendation to the Com-
Prior ap-
(October 12, 1944)
150 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
mission for classification prior to the wide distribution to a series of transfer
time limit indicated in the note on page circulars listing positions to be filled by
331, in any case in which classification transfer. Officials of other agencies are
is desired by the agency. In addition, requested to cooperate in bringing these
the agency from which an employee circulars to the attention of employees
who is eligible for classification trans- by posting them on bulletin boards in
fers should take the initiative in bring- all buildings used by their agencies so
ing this eligibility to the attention of that all employees will have an oppor-
the agency to which he is transferred tunity to see them. The directors of
(departmental circular No. 326, March civil-service regional offices have been
18, 1942).
instructed to bring these transfer cir-
No examination will be required at culars to the attention of the field offi-
the time of transfer under the War ces of all Federal departments and
Service Regulations in the case of any agencies (departmental circular No. 403,
employee who is subject to title I of January 9, 1943).
the Ramspeck Act or any statute or Applications for, transfer.-An em-
Executive order providing for the ac- ployee desiring to apply for transfer
quisition of a classified civil-service may file his application either with the
status in view of the fact that such Civil Service Commission or with the
employees will be examined noncompeti- agency to which he desires transfer.
tively at such time as they may be The application should be made on the
proposed for a classified status (depart- regular civil-service application form
mental circular No. 323, revised, March (see page 50). Upon receiving such
30, 1942).
application for transfer, the department
The certificate of classification or or agency should forward it immedi-
notification of ineligibility, as the case ately to the Civil Service Commission.
may be, will be sent to the agency which The applications may be accompanied by
made the recommendation,
*a request for transfer or reappoint-
If a promotion or transfer to a po- ment* (section 1 (e) of war-service
sition under the war-service regulations regulation IV; section 2 (a) of war-
was reported as effected under section 2 service regulation IX; action of Com-
of Executive Order No. 8833 subsequent mission, October 10, 1942).
to January 1, 1943, and recommendation Consideration of certain types of rec-
for classification is disallowed, the pre-ommendations prohibited.--See notes on
viously effected transfer or promotion page 44.
under section 2 of Executive Order 8833
Inquiries as to political or religious
must be changed to a transfer or pro opinions or affiliations prohibited. See
motion under the war-service regula-notes on page 44.
tions upon receipt of the notice of dis-
Discrimination in favor of or against
allowance of classification, and the reg- particular groups.-See page 44.
ular reports of changes (see page 203)
Method of requesting transfers. For
must be amended accordingly (depart-
the method by which a Federal agency
mental circular No. 277, supplement 1,
should request transfer, pages
January 26, 1943; departmental cir-
25, 33, and 70. A field official au-
cular No. 291, supplement 5, June 5,
1941).
thorized to request transfer should
submit requests for transfer *to the
METHOD OF EFFECTING TRANSFERS
office of the Commission (central or
[See section 1 of war-service regulation IV; field) which, under agreement be-
war-service regulation LX passim]
tween the Commission and the agency,
Promulgation of transfer circulars.- has jurisdiction with respect to
The Commission is issuing and giving I recruiting for the positions in question
see
(October 12, 1944)
NOTES ON TRANSFER
151
(departmental circular No. 487, July Manpower Commission stabilization
15, 1944).* With respect to request programs are intended to apply to
ing transfer to a position after the an- transfers within or between Federal
nouncement of an open competitive ex- agencies (departmental circular No. 442,
amination for it, see section 1 (9) of October 19, 1943).
war-service regulation IV, page 26. Negotiations for transfer with present
As to requests for transfer to public employing agency.-A Federal employee
or private enterprise under section 4 to whom a statement of availability has
of war-service regulation IX, see page been issued under War Manpower Com-
195. As to requests for transfer of em- mission Regulation 7 (see page 193)
ployees with a classified status to po- may be transferred by the Civil Service
sitions in the field service of the Post Commission to, or reappointed in,
Office Department, see notes on page 280. another Federal agency without nego-
Civilian appointments to the Air tiation with the agency issuing the state-
Transport Command or Flying Training ment of availability. *Such acceptance
Command.—When persons presently em- of a statement of availability as a re-
ployed in the Federal Government are lease is a matter within the discretion
to be appointed as civilian pilots or co- of the Commission; in particular, the
pilots in the Air Transport Command, statement of availability will not be ac-
or as trainee instructors in the Fly- cepted as a release in any case where
ing Training Command, appointments there is reason to suspect that it was
should be requested under war-service secured under false pretenses, or in any
regulation IX (Commission's minute 1 case where it was issued by a depart-
of August 24, 1942, and minute 2 of ment or agency in the metropolitan area
January 7, 1943).
of Washington, D. C., and is offered in
Transfers to positions paid from emer- connection with inter-agency transfer
gency funds.-Executive Order No. 7070 or reappointment to another position in
of June 12, 1935, as amended by Ex- Washington, D. C. No transfer may be
ecutive Order No. 7609 of April 23, 1937, authorized under section 2 (a) or sec-
and modified by Executive Orders No. tion 4 of war-service regulation IX ex-
7446 of September 11, 1936, and No. 8951 cept after the usual negotiation proce-
of November 26, 1941, provides that the dure has been followed.*
transfer of an employee at an increase In all cases where the transfer of an
in salary to a position the salary of employee is contemplated by the Com-
which is paid from emergency funds mission, except that noted above, the
shall be subject to the approval of the department or agency affected or its
Civil Service Commission and that re-appropriate field officials will be noti-
quests for such approval shall be sub-fied by the Commission and afforded
mitted directly to the Commission. such opportunity as the exigencies of
Railroad preference.—The preference the case may require to present evi-
of persons having experience in railroad dence that its work will be jeopardized
service in appointments to the Railroad by the loss of the employee's services.
Retirement Board, provided by section Notice will be served upon the proper
10 (6) of the act of June 24, 1937 (50 field official even though he has not been
Stat. 314; 45 U. S. C. 1940 ed. 228j), granted the necessary authority by his
and by section 12 of the act of June agency to release employees for trans-
25, 1938 (52 Stat. 1100; 45 U. S. C. fer. He will, however, if not author-
1940 ed. 362), does not apply to transfer ized to act in this matter, be requested
(Commission's minute 2 of August 5, to contact his central office regarding
1940).
it as quickly as possible.
War Manpower Commission stabiliza- In view of the necessity for speed in
tion programs.- No provisions of War transfer cases, the departments and
613617 0-44
-2
(October 12, 1944)
151.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
agencies are urged to delegate to field | rect recruitment by them for depart-
appointing officers authority to (a) re- mental positions in Washington, D. C.;
lease empioyees for transfer, (b) receive
(2) Transfers to positions in the de-
notification from the regional directors partmental system? outside the metro-
of intention to transfer employees, (c) politan area of Washington, D. C.; and
present evidence when appropriate on
(3) Transfers to positions in the field
behalf of the agency that the work of
system."
the agency will be jeopardized by the
proposed transfer.
* The terms "departmental system” and
The Commission's regional directors “field system” as used here relate to the
will be responsible for negotiations for method of certification, rather than to the
release, except as stated in the para- classification of the positions for fiscal and
other purposes. For explanation of "de-
graphs below, for :
partmental system certification” and “field-
(1) All transfers which arise in di- systein certification," see page 17.*
(October 12, 1944)
NOTES ON TRANSFER
152
Or
This authority does not extend to the Whenever a department or agency
following types of transfers, which will conducts competitive promotion exam-
be negotiated by the Commission's cen-inations under supervision of the Com-
tral office:
mission, eligibility attained in such ex-
(1) Transfers of departmental em- aminations will not only be recognized
ployees (including employees of the for purposes of promotion within the
legislative and judicial branches of the agency concerned, but will also be re-
Federal Government) in the metro-garded as having qualified the employee
politan area of Washington, D. C., to for noncompetitive change in status to
positions outside such area;
a similar class of positions in any de-
(2) Transfers of employees from the partment agency. The Commis-
Post Office Department, either depart- sion's supervision of such examinations
mental or field.
contemplates approval of examination
Authority to handle certain types of material used, approval of the condi-
transfers may be further delegated by tions surrounding the notification of the
the regional directors to their special examination to employees in the area
representatives.
of competition, and approval of the
Releases obtained by agencies other conditions of conducting the examina-
than the Commission or by the em-tion and rating the papers (Commis-
ployees involved will not be honored. sion's minute 4 of March 29, 1941).
On the basis of evidence presented Persons appointed through individ-
by the agency from which the em- ual Executive order without examina-
ployee's transfer is proposed and other tion have all the rights and privileges
relevant evidence, the Commission will of persons appointed through competi-
decide whether the transfer shall be- tive examination unless the order spec-
come effective, and, if so, the date upon ifies otherwise.
which it is to become effective. As In case of request for the transfer
the Commission's decision on transfer of specific persons to positions excepted
cases must be made in not more than by law from the Civil Service Act and
ten days, any objections which an rules, the matter of the qualifications of
agency may have to the transfer of its the persons proposed will be considered
employees must be submitted promptly only to the extent necessary to deter-
(departmental circular No. 323, supple- mine whether or not the employee will
ment 1, March 13, 1942; departmental be making a greater contribution to the
circular No. 323, revised, March 30, 1942; war effort after transfer. Where spe-
departmental circular No. 442, October cific persons are not proposed but an
19, 1943; actions of Commission, August | excepted agency requests that positions
21, 1942, October 10, 1942, December 7, be filled by transfer, only persons who
1942, and April 28, 1943).
are qualified for transfer to correspond-
Requirements for transfer.-(a) Civil- irg positions in the classified (competi-
service status and apportionment.-
tive) service will be referred for con-
Transfer will be authorized without re- sideration (action of Commission, Oc-
gard to whether the employee has a tober 10, 1942).
civil-service status, and without regard
*In those transfers not involving
to the apportionment (departmental
circular No. 323, revised, March 30, promotion or reassignment, such as lat-
eral shifts or transfers involving re-
1942; Commission's minute 7 of August
29, 1942).
duction in grade, the noncompetitive
(0) Examination requirements. --Cer- schedules attached to departmental cir-
tain requirements as to examination cular No. 257 and supplements thereto
are prescribed in section 6 of war- will be applied when appropriate (Com-
service regulation IX. With respect to mission's minute 1 of June 5, 1944).*
the Commission's power to waive the (c) Transfers involving promotion or
examination requirements in proper change in status.—Whenever a transfer
rases, see note on page 162.
involves also a promotion or change in
(October 12, 1944)
153 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
to
see
status, the provisions of the war- citizenship requirements for transfer
service regulations regarding promo- under war-service regulation IX are the
tions and changes in status are applica- same as for original war-service appoint-
ble to the transfer (section 6 of reg-ment (Commission's minute 1 of April
ulation IX). The standards set forth 21, 1944). As to these requirements, see
in departmental circular No. 257, re- pages 52.01 and 92.
vision 3 (see page 157), both as to (f) Special requirements as to per.
length of Federal service and as to sons serving under emergency appoint.
experience and training, will be applied ment.--As provided in section 8 (a) of
by the Commission to inter-agency war-service regulation IX, and in sec-
transfers involving promotions or re- tion 4 (e) of war-service regulation V,
assignments. Departments and agen- no employee serving under an emergency
cies must assume the responsibility of appointment under section 4 of regula-
applying the provisions of that circular tion V (see page 28.01) may be trans-
to intra-agency transfers involving ferred under regulation IX unless he
promotions, or reassignments, and of has a status for reappointment under
following the procedures set forth war-service regulation VIII (see page
therein (departmental circular No. 257, 30.01) or unless he has served 90 days
revision 3,. September 20, 1943). under such temporary appointment and
(a) Physical requirements.—*As to extensions thereof.*
responsibility for determining whether (g) Special requirements for trans-
the person proposed for transfer meets fer under section 2 (6) of regulation
the physical requirements for the posi- IX.-In determining whether the cir-
tion,
page 89.01.* Particular cumstances in a particular case consti-
care should be exercised by appointing | tute undue personal hardship within
officials in selecting employees for the meaning of section 2 (0) of war-
transfer to any position involving ac- service regulation IX, the following
tive, arduous, or potentially dangerous factors, among others, will be taken
duties. In doubtful cases where there into account:
is a question as to whether the trans- (1) The health of the individual or
feree is capable of performing the the health of the immediate members
duties of the position without being a of his family;
hazard to himself or others, appointing (2) The family circumstances (de-
officials should consult the Medical Di- pendents, and other relevant personal
vision in the Commission's central of- factors, including the moving of hus-
fice, or medical officers in the regional band or wife of the applicant to the
offices of the Commission. In connec-area to which transfer is desired);
tion with determining whether trans- (3) Housing and community facili-
ferees meet medical standards for posi- ties, including commuting facilities
tions in Governmental industrial estab-available to the individual (action of
lishments in the field, the Commission's Commission, July 14, 1943).
Operations Manual for Placement of Authorization of transfers.-All inter-
the Physically Handicapped should be agency transfers must be approved by
consulted (departmental circular No. the Commission or its regional direc-
323, revised, supplement 24, August 20, tors. The Commission's Form 3876 will
1943).
be used in authorizing transfers. A
*As to waiver of the physical require- duplicate copy will be sent to the
ments for persons entitled to veteran agency from which the employee is
preference, see section 5 of the Vet- being transferred. Notice of the em-
erans' Preference Act of 1944, page ployee's entitlement to reemployment
10.02.
benefits will be furnished to the agency
(e) Citizenship requirements. — The to which such benefits are applicable.
(October 12, 1944)
NOTES ON TRANSFER
153.01
are
Transfers of employees slated for *It is not mandatory upon an agency,
separation because of reduction of under section 3 of war-service regula-
force will, in general, be effected under tion IX, to make a determination as to
section 2 (0) of war-service regulation relative degree of utilization of skills in
IX, without reemployment benefits. In connection with an intra-agency trans-
specific cases where, because of the fer. Such determination is entirely
circumstances involved, reemployment within the discretion of the agency. If
rights are found to be in order, trans- the determination is not made, or if the
fers will be effected under section 2 head of the agency determines that an
(a) of war-service regulation IX (Com- intra-agency transfer would not result
mission's minute 1 of August 10, 1943). in greater utilization of skills for the
Intra-agency transfers under section war program, the transfer, if effected,
3 of war-service regulation IX may be should be effected under the provisions
made without the prior approval of the of section 3 (6) of war-service regula-
Commission except as provided in section IX. On the other hand, whenever
tion 6 of regulation LX, *in the note op a determination is made by an agency
transfers involving promotion or change that the intra-agency transfer of a spe-
in status (page 152), and in the note on cific individual involves greater utiliza-
"Conversions of temporary or excepted tion of skills for the war program, re-
appointments to war-service indefinite employment rights mandatory,
appointments” on page 154.* Those and section 3 (a) of war-service regula-
made under section 3 (a) must be re- tion IX is the authority to be used.
ported to the Commission within one The decision as to reemployment
week after the effective date of the rights should be based solely on the
transfer. Other intra-agency transfers contribution of the employee to the war
should be reported as set forth in the program in the two positions. No con-
notes on "Report of Changes” beginning sideration should be given to a waiver,
on page 203. In all intra-agency trans- either oral or written, of reemployment
fers in which employees are entitled to rights by the employee. A salary pro-
reemployment benefits, notice of entitle-motion would not be prima facie evi-
ment to such benefits should be fur-dence of greater utilization of skills;
nished by the agency to the employee the duties of the two positions are the
(section 3 of war-service regulation IX;
basis for comparison (Commission's
Commission's minute 1 of December 13,
minute 2 of August 21, 1944; letter of
1940; minute 1 of February 17, 1941;
Commission to Director of Personnel,
minute 3 of July 15, 1941; minute 8 of
July 30, 1941; minute 1 of October 13, War Manpower Commission, August 18.
1944).
1941; actions of Commission, August 21
and October 10, 1942; departmental cir-
As to transfer of attorneys, see page
cular No. 323, revised, March 30, 1942;
169.
departmental circular No. 340, May 19,
Separation from service prior to trans-
1942; departmental circular No. 390, fer.—Transfer may not be authorized
October 28, 1942). With respect to re- under war-service regulation IX where
quirements which must be met in con- there has been a break in service of
nection with transfer, see notes on "Re- one or more workdays (action of Com-
quirements for transfer”, page 152. mission, January 26, 1944).*
(October 12, 1944)
154 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
Conversions of temporary or excepted promotion of employees whose appoint-
appointments into war-service indefinite ments have thus been converted, see
appointments.-Persons appointed un- page 163.02.*
der Schedule A or B or other excepted Retroactive authorization of trans-
appointments, or serving under tempo- fers.—Where an employee has left one
rary appointments, may be considered Federal agency and accepted appoint-
for war-service indefinite appointments ment in another, consideration may be
within the same department or agency given to authorizing his transfer retro-
under the provisions of section 3 of active to the date of entrance on duty
war-service regulation IX. Such cases when it is found (1) that improper
must be submitted to the Commission authority was issued by the Commis-
(or the appropriate field office of the sion (a) with full knowledge of the
Commission) for prior approval of the facts, but through clerical error in
qualifications of the individuals pro- processing, or (o) in ignorance of the
posed for war-service indefinite ap-facts, not intentionally withheld by the
pointments. Upon receiving such ap- employee or requesting official; or (2)
proval, the department or agency may that an appointing official has through
proceed to effect the intra-agency trans- unintentional error, and under the im-
fers of such persons under the provi- pression that prior authority of the
sions of section 3 of war-service regu- Commission was not required, made the
lation IX (departmental circular No. appointment under the wrong regula-
323, supplement 19, June 11, 1943). tion. Such retroactive transfers will
*Persons serving under emergency be disapproved when there is any in-
appointment under authority of section dication of an attempt to force ap-
4 of war-service regulation V (see page proval of a transfer, or where there
28.01) may be considered under this has been any break in service. (AS
procedure for conversion of their ap- to making transfers under section 4
pointments to war-service indefinite ap- of rule IX retroactive, see page 196.)
pointments, including conversions in- Negotiations will be conducted in the
volving promotions (action of Commis- cases described above as in all other
sion, July 26, 1944). However, such proposed transfers. However, where an
conversions are subject to the special agency objects, the objections will be
requirements set forth on page 153. overruled only when, among other con-
As to transfers to attorney positions, siderations, there is evidence of "good
see page 169.
faith" on the part of the employee and
As to effect of conversion on leave the appointing official desiring the trans-
credits, see page 496.
fer (action of Commission, May 21,
As to conversion to war-service in- 1943).
definite appointments of temporary ap- Appeals by employees from transfers
pointments of persons serving in the directed by the Commission.-See sec-
field service of the Post Office Depart-tion 2 of war-service regulation IX.
ment on October 23, 1943, see page 214.
Whenever war-service temporary ap- decisions.--Any agency involved in a
Appeals by agencies from transfer
pointments in the Postal Service effec-
transfer case may appeal the decision
tive subsequent to October 23, 1943, are
of the Commission in allowing or dis-
converted to war-service indefinite ap-
pointments, the authorization should be allowing the transfer. These appeals
under war-service regulation V. Nomi- must be submitted by the agency in
nation forms will be submitted by post-writing to the office of the Commission
masters recommending the indefinite making the original decision; informal
appointment under war-service regula- appeals from agencies will not be en-
tion V and showing that it is a conver- tertained. The submission of a new
sion from temporary to indefinite ap requisition on Standard Form 46, or
pointment (Commission's minute 3 of other acceptable form, requesting the
September 4, 1944). As to the order of transfer of an individual whose trans-
(October 12, 1944)
NOTES ON TRANSFER
155
fer to the same position or agency has where such temporary appointments
been previously denied, will not be con- have not been followed by an official
sidered an appeal but will be processed request for transfer (departmental cir-
as a new transfer case in the same cular No. 360, August 1, 1942).
fashion as all other transfer requi- Transfer to position having lower sal-
sitions.
ary.-The term "salary" as used in war-
Where transfer has been approved service regulation IX, section 2 (a),
over the objections of the losing agency, means base pay without the addition
it is essential that any appeal by the of overtime compensation or any allow-
losing agency be received by the office ances which might be given in ad-
of the Commission which authorized dition to base pay. Where deductions
the transfer not later than six days from base pay are taken for subsistence
from the date of the certificate, as the or quarters or other service furnished
receiving agency may, unless otherwise by the Government, the salary of the
ordered by the Commission, enter the employee is construed to mean the full
transferee on duty ten days after date base pay and not the base pay less de-
of the certificate regardless of the ductions for subsistence, quarters, or
wishes of the losing agency. Upon re-other service (action of Commission,
ceipt of an appeal within the six-day | October 10, 1942).
time limit, the Commission will direct *Transfer in connection with transfer
the agency to which transfer has been of functions,-See section 12 of the Vet-
authorized not to enter the transferee erans' Preference Act of 1944 (page
on duty pending decision on the appeal. 10.04); section 12 of war-service regula-
Departments and independent estab- tion IX (page 39); and section 308 of
lishments should keep appeals to a min- the reduction-in-force regulations (page
imum. Unless the agency is able to 187).
present substantial evidence that the Report of separation through trans-
transfer will not result in the best in- fer.-See page 206.
terests of the Government service as a Effective date of transfer for travel
whole, an appeal may merely result in a purposes. The following decisions of
loss of time and thus hamper the whole the Comptroller General, which relate to
manpower utilization program (depart-effective date of intra-agency transfer
mental circular No. 323, revised, sup- for travel, rather than civil-service, pur-
plement 18, May 20, 1943; action of poses, may be of value in effecting war-
Commission, April 20, 1943).
service transfers:
Temporary appointments pending When a civilian employee is perma-
transfer. Temporary appointments nently transferred to a place at which
pending transfer are no longer author-
he already is on duty under competent
ized (action of Commission, March 24,
orders, the transfer is effective upon the
1942). Persons who, on March 16, 1942,
date he receives notice thereof, but if an
were serving under temporary appoint-
ment pending transfer are regarded as employee is transferred to a place where
having received war-service appoint- he is not on temporary duty, his post of
ments for the duration of the war and duty changes on the date he actually ar-
not exceeding six months thereafter. rives at the new station (23 Comp. Gen.
No follow-up will be made in cases 1 342, November 5, 1943).
(
(October 12, 1944)
155.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
Where the transfer of an employee, to reemployment rights. The employee
who had been temporarily detailed or will, therefore, be entitled to payment
assigned to duty away from his head of the transportation expenses specified
quarters for the purpose of determining whenever the Commission authorizes his
his eligibility for permanent appoint-transfer to a position beyond a reason-
ment to the position to which tempo- able commuting distance from his home
rarily assigned or detailed, was ap- under the provisions of section 2 (a) of
proved but actual notice to him and the War Service Regulation IX. Regula-
effective date thereof were delayed for tion IX will not serve as authority for
administrative expediency, the employee payment of transportation expenses in
is entitled to per diem id lieu of sub- any other case.
sistence, if authorized in the travel It will be assumed by the Commission
order, up to, but not including, the date that an agency has available funds for
he received official notice that he had the payment of transportation expenses
qualified for the position and had been whenever it requests the transfer of an
transferred to it, rather than the date employee to a position beyond a reason-
of approval of the transfer or the effec-able commuting distance from his home.
tive date stated therein (23 Comp. Gen. If the Commission authorizes a transfer
711, March 21, 1944).
which requires the payment of trans-
Payment of transportation expenses in portation expenses and the agency does
inter-agency transfers.-In cases where not have funds for the payment of such
a transfer is authorized under section transportation expenses, such authority
2 (a) of regulation IX to a position be- may not be used and must be returned
yond reasonable commuting distance to the Commission for cancellation.
from the home of the employee con- The Commission, in any case where
cerned, paragraph (3) of that subsection transportation expenses may be in-
(see page 32) provides for the reim-volved, will assume, in filling direct re-
bursement of an employee, by the depart- cruiting orders by transfer, that those
ment or agency to which he is trans- agencies which have arrangements with
ferred, for the cost of transporting the Commission for direct recruitment
himself and his household goods. There have funds available for the payment
is no provision for the payment of the of transportation expenses to such
transportation expenses of the em- transferees in accordance with Govern-
ployee's family.
ment regulations (departmental cir-
The employee is entitled to the ex- cular No. 493, supplement 2, September
penses specified in connection with a 7, 1944).*
transfer beyond a reasonable commuting
Obtaining personnel data and leave
distance from his home when it is de-
transcript.-Standard Form 63 should
termined by the Commission that the
be used in connection with all inter-
employee will by such transfer make a
more effective contribution to the war agency transfers, and may be used in
program in the position to which trans- connection with intra-agency transfers,
ferred. The basis for this finding is to *(1) confirm date of entrance on
identical with the basis used in deter-duty; (2) obtain personnel data for use
mining whether the employee is entitled lin determining eligibility for within-
(October 12, 1944)
NOTES ON TRANSFER
156
grade pay increase; and (3) request a requested from the Civil Service Com-
transcript of the employee's leave rec- mission or its regional offices.
ord. It may also be used to secure data Particular attention is called to the
when employees are reinstated or re- need for submitting Standard Form 63
employed within thirty days from the promptly in order to confirm the effec-
date of separation from other agencies tive date of entrance on duty. Section
or departments.
1.1 (g) of the Leave Regulations (see
The employing agency will initiate page 485) defines break in service as
Standard Form 63 as soon as the em-
"separation from the Federal service
for a period of thirty or more calendar
ployee who is transferring enters on
days," and affords employees protec-
duty and will transmit it to the releas-
tion against the loss of accumulated and
ing agency for completion. The releas-
unused leave at the time of transfer.
ing agency should complete and return
However, failure to confirm the effective
Standard Form 63 without delay in
date of entrance on duty may result in
order that the employee's leave account
overlapping service and dual compen-
in the new agency may be established
sation, which is prohibited by law as
promptly. Full information regarding
set forth on pages 425 to 439 (depart-
the preparation and use of Standard mental circular No. 475, March 22, ,
Forma 63 is contained on the reverse of 1944; Standard Form 63).*
the form. It may be procured from the
Reemployment benefits acquired
Government Printing Office in the usual through transfer.--See notes on page
manner; supplies of it should not be 1 146.
(October 12, 1944)
POSTMASTERSHIPS
STATUTES GOVERNING APPOINTMENTS TO FIRST-, SECOND-, AND
THIRD-CLASS POSTMASTERSHIPS
*
Basic act.The act of June 25, 1938 (52 Stat. 1076; 39 U. S. C. 1940 ed. 30,
31a, 31b, and 39a), as amended by the acts of December 6, 1940 (54 Stat. 1221),
and of July 18, 1941 (55 Stat. 599), provides as follows:
Postmasters of the first, second, and third classes shall hereafter
be appointed in the classified service without term by the President by and with
the advice and consent of the Senate: Provided, That postmaster's now serving
way continue to serve until the end of their terms, but they shall not acquire a
classified civil-service status at the expiration of such terms of office except as
provided in section 2 hereof.
"SEO. 2. Appointments to position of postmaster at first-, second-, and third-
class post offices shall be made by the reappointment and classification, non-
competitively, of the incumbent postmaster, or by promotion from within
the Postal Service in accordance with the provisions of the Civil Service Act
and rules, or by competitive examination, in accordance with the provisions
of the Civil Service Act and rules. No person shall be eligible for appointment
under this section unless such person has actually resided within the delivery
of the office to which he is appointed, or within the city or town where the
same is situated for 1 year next preceding the date of such appointment, if the
appointment is made without competitive examination; or for one year pre-
ceding the date fixed for the close of receipt of applications for examination,
if the appointment is made after competitive examination: Provided, That resi-
dence within the delivery of the post office or within the city or town where the
same is situated shall be essential to the examination, appointment, reappoint-
ment, or promotion of applicants for postmaster at offices unless the Civil Service
Commission finds that peculiar local conditions preclude or render impossible the
application of such requirements. In such cases the Commission may examine
and certify for appointment, reappointment, or promotion persons who reside in
such area adjacent to, or surrounding, the delivery zone of the post office as may
be fixed by the Civil Service Commission.
"Sec. 3. Appointments of acting postmasters in all classes of post offices shall
be made by the Postmaster General : Provided, That acting postmasters shall
serve not to exceed 6 months from the date of their designation, except that
the Postmaster General may extend the period of service of any acting post-
master beyond such 6 months' period with the permission of the Civil Service
Commission : Provided further, That at any post office the postmaster of which
has been called for duty as a member of the National Guard or of the Reserve
of the Army, Navy, or Marine Corps or pursuant to draft or voluntary enlist-
ment, the Postmaster General is authorized to grant leave of absence without
pay' to such postmaster and to appoint an acting postmaster at such post
office to serve for the period only of the absence of the regular postmaster on
1 Such postmasters may receive compensation for their accumulated and current accrued
leave under authority of the act of August 1, 1941 (55 Stat. 616), as amended, con-
currently with active military or naval service (21 Comp. Gen. 237, September 19, 1941,
and 21 Comp. Gen. 422, Norember 4, 1941).
377
378 CIVIL SERVICE ACT, RULLS, AND REGULATIONS, ANNOTATED
military service, requiring such acting postmaster to furnish suitable bond
with surety for the faithful performance of the duties as acting postmaster
and releasing the regular postmaster and his sureties of responsibility for the
conduct of the office during such period: Provided further, That where a post-
master resigns for the purpose of military service as herein described and
subsequently wishes to resume his previous position as postmaster he may be
permitted, upon being released from military service, to withdraw his resig-
nation and resume the office of postmaster, or be reappointed thereto, in the
event the omice is being conducted at the time by an acting postmaster: Pro-
vided further: That appointments of acting postmasters to serve during ab-
sences of regular postmasters on leave granted pursuant to the terms of this
act shall be made in accordance with the civil-service laws, rules, and regu-
lations, and such appointments may continue until the return to duty of the
regular postmaster or until it has been determined that the regular postmaster
will not return to duty.
“Src. 4. All acts or parts of acts inconsistent herewith are hereby repealed."
Effect of rejection of nomination by the Senate.--*See page 381.*
Recess appointments.-*See page 381.*
NOTES ON FIRST-, SECOND-, AND THIRD-CLASS POSTMASTERSHIPS
For further information about the Presidential postmasterships outside
Commission's examinations under the the continental United States. The pro-
act of June 25, 1938, see the Commis- cedure for filling Presidential postmas-
sion's form 2223.
terships in Hawaii is identical with that
Postmasterships of all classes are ex- for Alling such offices in the United
cepted from the war-service regulations States, except for the modifications de-
by Executive Order No. 9063 of Febru- scribed in the Commission's minute 2
ary 16, 1942, as amended by Executive of August 30, 1940. Nonassembled
Order No. 9378 of September 23, 1943. examinations will be held for all Presi-
1
(October 12, 1944)
POSTMASTERSHIPS
379
dential postmasterships in Guam, Sn- without further civil-service examina-
moa, the Virgin Islands, Alaska, and tion." Persons reappointed to the posi-
Puerto Rico (Commission's minute 1 of tion of postmaster under the terms of
April 7, 1939, and minute 5 of May 20, this act acquire thereby a classified civil-
1942). The age limit in Presidential service status (Commission's minute 7
postmaster examinations for · Puerto of August 7, 1944). See also notes on
Rico, Hawaii, Guam, Samoa, and the
reexaminution of postmasters for re-
Virgin Islands will be 13 years (Com-
mission's minute 2 of March 13, 1942).
appointment, page 381.01.*
The provision of section 2 (b) of
Political activity.-Postmasters of the
the act of January 24, 1942 (56 Stat. 14;
first, second, and third classes became
5 U. S. C. 1940 ed. 715), concerning the
subject to the political activity rule on
June 25, 1938, the date of the approval
reappointment of civil-service retire-
of the act (Commission's minute 2 of ment annuitunts (see page 129), takes
November 16, 1938). New appointees precedence over the provisions of the
act of June 25, 1938, to the extent of
become subject to the political activity
rule on the date they assume the duties adding a fourth method of appointment
of the office (Commission's minute 2 of Of Presidential postmasters, but, in
December 13, 1940).
keeping with the usual procedure where
Time limit upon filling of postmaster the positions are filled by any of the
vacancy.—The act of June 25, 1938, methods prescribed in the 1938 statute,
placing postmasters of the first, second, nomination by the President and con-
and third classes in the classified civil tirniation by the Senate would be re-
service, does not authorize the Civil quired (Commission's minute 1 of July
Service Commission to fix a tiine limit 20, 1943).
within which the President must fill a
Classification of Presidential postmas-
vacancy in the office of such a post-ters appointed prior to cffective date of
master (39 Op. Atty. Gen. 276, April 10, act.-Existing law does not authorize
1939, and opinion, Attorney General, issuance of an Executive order grant-
July 7, 1939).
ing a classified status to all of the in-
Appointments of employees in third- cumbent postmasters appointed to Presi-
as postmasters.--In dential postmasterships prior to June
view of the Attorney General's ruling 25, 1938 (opinion, Attorney General,
in his opinion of October 17, 1938, thut June 7, 1940).
clerical employees of third-class post Residence.-In competitive examina-
offices are not regarded as employees tions for postmaster of the first, second,
of the United States, such an employee and third classes under the act of June
may not be assigned as third-class post- 25, 1938, eligibility on the basis of resi-
master under the terms of the act of (ence will be determined as of the clos-
June 25, 1938. He may not be rein- | ing date for receipt of applications and
stated to the position of postmaster, will not be affected by any fact oc-
even though he has a reinstatement curring thereafter (Commission's min-
status, since reinstatement is not one of ute 2 of May 3, 1940). For an excep-
the methods specified in the act of June tion in the case of change of residence,
25, 1938, for filling Presidential post- see page 380.
masterships (Commission's minute 4 of
Persons who are absent from the va-
September 17, 1940).
cancy office as students or teachers or
*Reappointment of postmasters.—The ut Civilian Conservation Corps camps
act of May 20, 1944 (Public Law 306, will be considered as temporarily ab-
78th Cong.), provides in part as follows: sent, and applications from them will
"Any postinaster or acting postmaster be acceptable under the act (Commis-
of the fourth or third class who has sion's minute 3 of February 21, 1939).
passed a civil-service examination at any (Exceptions to this ruling are
time and has given service satisfactory ſtained in Commission's minute 2 of
to the Department may be rcappointed | June 28, 1939.)
con-
(October 12, 1944)
380 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
same
Residence merely within a township | person appointed after January 1, 1940,
boundary, as constituted in certain mid- to a postmaster position of any class,
western States, is not sufficient in itself and later changed to another class, need
to qualify an applicant with respect to not have a medical certificate at the
residence for postmaster at the post time of the change (Commission's min-
office which bears the name of such ute 9 of April 1, 1941).
township. The applicant must actually In passing on applications for Pres-
reside within the delivery of the par- | idential postmasterships, the
ticular post office in the township for physical requirements will be applied as
which the examination is held or within are used for clerical positions under
the geographical limits of the city or war-service regulations, and these stand-
village in which the post office is lo-ards will also govern action on medical
cated (Commission's minute 3 of May 8, certificates at the time of appointment
1939).
(Commission's minute 1 of May 22,
Applicants who live within the geo- 1942).
graphical limits of a "town" of the New Reopening of postmaster examina-
England type will be regarded as meet. tions.--*See section 10 of the Veterans'
ing the residence requirements for post- Preference Act of 1944, page 10.03.*
master at that place in all cases in Term of eligibility on Presidential
which it appears that the "town" con- postmaster registers.--If appointment
sists of only one community and has from a register for first-, second-, or
only one post office, so that it is in effect third-class postmaster has been made,
a city or town in the sense contemplated the register will be continued in exist-
by the act of June 25, 1938. In other ence.for one year from the date of its
cases, the applicant must actually re-establishment, unless the Commission in
side within the delivery of the particular its discretion believes extension desir-
post office in the “town" for which the able. If appointment has not been made
examination is held or within the geo- from an eligible register for first-, sec-
graphical limits of the city or village in ond-, or third-class postmaster, it will
which the post office is located (Com- be considered as remaining in existence
mission's minute 3 of May 8, 1939, and until an appointment therefrom bas
minute 1 of May 7, 1940).
been made or the vacancy is filled in
Where the receipt of applications for regular manner under some other pro-
an examination closes less than one vision of the rules (Commission's minute
year after the opening for business of 5 of April 6, 1940).
the post office for which the examina- *When a person whose name appears
tion is held, persons who have resided on the eligible register for Presidential
for one year within the territory which postmaster of any class removes his
is being served by the post office at the actual and permanent residence from
time of the close of receipt of applica- the delivery of the post office for which
tions will be considered as meeting the he is eligible or from the town or city
residence requirements (Commission's where such office is situated, his eligi-
minute 5 of February 21, 1941).
bility will be canceled (Commission's
Medical certificates.--It is not neces-minute 1 of July 7, 1944).*
sary to submit a medical certificate in a When an examination for first-, sec-
case where the individual, after being ond-, or third-class postmaster results
regularly appointed as fourth-class post- in less than three eligibles and it be-
master and then changed to third-class comes necessary to reannounce the ex-
postmaster, is returned to fourth-class amination because of the Department's
postmaster without break in service. A refusal to make selection from a register
(
(October 12, 1944)
POSTMASTERSHIPS
381
was
of less than three names, the eligible or next certificate issued to the Post Office
eligibles obtained from the earlier ex- Department. During the life of the
aminations will be continued on the new register the name of the eligible rejected
register in accordance with the provi- by the United States Senate will not
sions of this minute (Commission's again be certified to the Department
minute 5 of April 6, 1940). When it is unless there is evidence that no further
necessary to reannounce an examination objection will be inade by the Senate to
in such cases, or because as a result of his confirmation (Commission's minute
a personal investigation of the appli- | 4 of October 19, 1939).
cants in the first examination no eligi-1 Recess appointments.—Section 1761
ble register
established, the of the Revised Statutes (5 U. S. C.
applications of those applying for the 1940 ed. 56), as amended by the acts of
second examination who failed to June 7, 1924 (43 Stat. 669), and of July
qualify in the first examination and 11, 1940 (54 Stat. 751), provides as
who could not possibly attain eligibility follows:
in the second investigation will be can- "No money shall be paid from the
celed and the names of such applicants Treasury, as salary, to any person ap-
will be omitted from the second per- pointed during the recess of the Senate,
sonal investigation. So far as time of to fill a vacancy in any existing office,
receipt is concerned, applications will be if the vacancy existed while the Senate
accepted from persons who participated was in session and was by law required
in the preceding examination if such to be filled by and with the advice and
applications are received in the Com- consent of the Senate, until such ap-
mission in adequate time for them to be pointee has been confirmed by the Sen-
notified by standard procedure of the ate. The provisions of this section shall
time and place for appearing for the not apply (a) if the vacancy arose
regularly scheduled written test; or for within thirty days prior to the termi-
the position of first-class postmaster, in nation of the session of the Senate; or
time to be included in the personal in- (b) if, at the time of the termination
vestigation of all the candidates in that of the session of the Senate, a nomina-
examination (Commission's minute 1 of tion for such office, other than the nom-
January 25, 19-10, and minute 1 of July ination of a person appointed during
19, 1944).
the preceding recess of the Senate, was
Effect of rejection of nomination by pending before the Senate for its advice
the Senate.-Section 210 of the Inde- and consent; or (c) if a nomination for
pendent Offices Appropriation Act, 1945 such office was rejected by the Senate
(Public Law 358, 78th Cong., June 27, within thirty days prior to the termina-
1944), provides as follows:
tion of the session and a person other
“No part of any appropriation for the than the one whose nomination was
fiscal year 1945 contained in this or any rejected thereafter receives a
other act shall be paid to any person for commission: Provided, That a nomina-
the filling of any position for which he tion to fill such vacancy under (a), (b),
or she has been nominated after the or (c) hereof, shall be submitted to the
Senate has voted not to approve of the Senate not later than forty days after
nomination of said person."*
the commencement of the next succeed-
Whenever the United States Senate ing session of the Senate."*
rejects the nomination of any Continuance of postmasters beyond.
eligible for original appointment to the expiration of their terms. Where
a position of postmaster at a first-, there is no break in service, postmasters
second-, third-class office, the continued in office beyond the expiration
name of the fourth highest eligible (if of their terms will continue to be
there be one) will be included on the “incumbent” postmasters for the pur-
recess
or
(October 12, 1944)
381.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
pose of being reappointed as postmasters not required in connection with reap-
under the act of June 25, 1938 (Commis- pointment, see page 379.*
sion's minute 5 of December 8, 1938). A Presidential postmaster proposed
Effect of change in class of post- for reappointment and classification un-
office.—When a post office is relegated der the act of June 25, 1938, who fails
from third- to fourth-class, or when an in the written examination, may, upon
office is advanced from fourth- to third- request of the Post Office Department,
class, a new exercise of the appointing be given another noncompetitive exam-
power is required by law. If the Post ipation if the request is received within
Office Department desires the announce 30 days from the date of notice of in-
ment of new examinations for offices so eligibility to the Department. No addi-
affected, the Commission will announce tional examination will be allowed
them upon request (Commission's min (Commission's minute 2 of February 2,
ute 4 of October 1, 1941).
1940).
*An act of May 20, 1944 (Public Law An incumbent postmaster at an office
306, 78th Cong.), provides in part as of the second * * class 'who has
follows:
served at least 15 consecutive years in
“No postmaster at an office of the the postal service and who fails to qual-
fourth class shall be required, in the ify for reappointment and classification
event such' office is advanced to the noncompetitively because of failure to
third class, to pass any competitive or pass the written part of the exami-
noncompetitive examination as a con- nation may, if otherwise qualified and
dition to appointment or service as post- if his reexamination is recommended
master at the office so advanced; and by the Post Office Department, be rated
no postmaster at an office of the third on experience alone. In determining the
class shall be required, in the event such rating on experience consideration will
office is relegated to the fourth class, to be given to the efficiency ratings of the
pass any competitive or noncompetitive office during the four-year period imme-
examination as a condition to appoint- diately preceding the proposed classifi-
ment or service as postmaster at the cation of the incumbent postmaster
office so relegated."*
(Commission's minute 3 of September 18,
Reexamination in noncompetitive
1940, and minute 1 of October 26, 1942).
Presidential-postmaster
- A
Transfers of postmasters.Postmas-
* * classified postal employee pro-
ters may not be transferred under
the war-service regulations with re-
posed for promotion to postmaster
employment benefits. Any transfer of
of the first second, or third class,
a postmaster to a position subject to
who fails in the first examination,
the war-service regulations must be
may be given a second examination effected under section 2 (b) of war-
upon request from the Post Office service regulation IX. If there has
Department, without waiting any been a break in service, reappointment
definite period of time, but if he fails in of a postmaster in Federal service, else-
the second examination he may not be where than in the postal field service,
reexamined within a period of six should be effected under war-service
months after the second examination. regulation VIII *or war-service regu-
Additional examinations may not be lation V* (Commission's minute 2 of
permitted more often than once a year. May 14, 1942, and minute 2 of July 23,
*As to cases where examination is 1943).
cases.
$
(October 12, 1944)
POSTMASTERSHIPS
382
Prior authority has been granted to 48 hours by the act of June 12, 1944
the Post Office Department for the trans- (Public Law 334, 78th Cong.).
fer of postmasters of the first, second, Appointment of acting postmaster
and third classes who have acquired a prior to separation of incumbent.-Sec-
civil-service status to other classified tion 3 of the act of June 25, 1938, as
positions in the Postal Service, except amended (see page 377) provides for
to the position of post office inspector the appointment of an acting postmaster
for which the prior authority of the to serve during the period of the absence
Commission shall continue to be re- of the regular postmaster on military
quired (action of Commission, October service.
22, 1942).
An acting postmaster may be desig-
*Leave of postmasters. The act of nated to take charge of a post office
June 25, 1938, extending the classified during the absence of the regular post-
civil service to include postmasters of master on active merchant marine duty
the first, second, and third classes, has decision, Comptroller General, Septem-
no effect upon the granting of leave of ber 7, 1944).
absence with pay to postmasters. Pur-
In the absence of statutory authority
suant to the postal regulation with re- for the designation of an acting post-
spect to the accumulation by post- master prior to the time the office of
masters of unused annual leave accruing postmaster becomes vacant, except in
during a fiscal year, such leave may be cases where the postmaster is absent in
the active military, naval, or merchant
regarded as cumulative from the date
marine service, an acting postmaster
of appointment as postmaster, regard-
less of whether the appointment was the absence of the postmaster because
may not be designated to serve during
made in accordance with the civil- of a prolonged illness (decision, Comp-
service laws and regulations, or
troller General, September 7, 1944).
cumulative from the effective date of the
As to the replacement of statutory
postal regulation, whichever is later (23 officers during periods when they are in
Comp. Gen. 344, November 6, 1943). receipt of terminal leave with pay, see
Hours of labor of postmasters.--The page 518.
workweek of first-, second-, and third- As to recess appointments, see page
class postmasters is fixed at not less than 1 381.*
as
FOURTH-CLASS POSTMASTERSHIPS
*Definition of fourth-class postmas- Inclusion of fourth-class postmaster-
ters. The act of March 29, 1944. (Pub- ships in the classified service. Fourth-
lic Law 271, 78th Cong.), provides that class postmasterships were included in
* postmasters of the fourth the classified service by Executive
class shall embrace all those at offices orders of November 30, 1908, and Octo-
where the gross postal receipts are less ber 15, 1912.
than $1,500 per annum."*
Method of filling fourth-class post-
Power of appointment to postmaster- masterships.--For details as to the
ships.--In the case of fourth-class post-method of filling fourth-class postmas-
masterships, the appointing power is terships, see Civil Service Commission
vesied in the Postmaster General, Form 1759. All postmasterships are
whereas in the case of first-, second-, excepted from the war-service regula-
and third-class postmasterships it is tions by Executive Order No. 9063 of
vested in the President. Confirmation February 16, 1942, as amended by Ex-
by the Senate is required in connection ecutive Order No. 9378 of September
with the latter group of postmaster- | 23, 1943.
ships, but not in the case of fourth- Fourth-class postmasterships outside
class postmasterships.
the continental United States.-Fourth-
(October 12, 1944)
382.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
class postmasterships in the Canal Zone gross postal receipts may be counted for
are appointed by the Governor of the this purpose.*
Canal Zone, without examination by Physical requirements and medical
the Commission, under Schedule A-I-8. certificates.--The same physical require-
Those in Alaska are appointed by the ments are applied in appointments of
Postmaster General without examina- fourth-class postmasters as in appoint-
tion by the Commission, under Schedule ments to clerical positions under the
A-I-9; those in Guam, Samoa, and the war-service regulations (Commission's
Virgin Islands under Schedule A-I-7; minute 1 of May 22, 1942).
and those in Hawaii under Schedule It is not necessary to submit a medi-
A-VII-10 (Civil Service Commission cal certificate in a case where the in-
Form 1759; Commission's minute 1 of dividual, after being regularly appointed
April 7, 1939; Executive Order No. 9394, as fourth-class postmaster and then
November 4, 1943).
changed to third-class postmaster, is
Ofices having an annual compensation returned to fourth-class postmaster
of less than $500.-Appointments to without break in service. A person
fourth-class postmasterships having an appointed after January 1, 1940, to a
annual compensation of less than $500 postmaster position of any class, and
are made by the Postmaster General | later changed to another class, need
on the basis of a report on the appli- not have a medical certificate at the
cants by a post-office inspector. The time of the change (Commission's min-
Post Office Department transmits one ute 9 of April 1, 1941).
copy of the report, showing its action
Reopened examinations for fourth-
thereon, to the Civil Service Commis- class postmasterships.-See section 10 of
sion. (See Civil Service Commission the Veterans' Preference Act of 1944,
Form 1759.)
*Under the salary scales established Effect of change in class of post
by the act of March 29, 1944 (Public Law office.-See note on page 381.01.
271, 78th Cong.), the group of post- Political activity by postmasters.-
masters paid salaries less than $500 is See page 379.
comprised of postmasters at offices hav- Transfers of postmasters to other posi-
ing gross postal receipts of less than tions.—See page 381.01.
$350 per annum. So long as the in- Leave of absence for military serv-
creased rate of postage, authorized by ice. See page 377.
the Revenue Act of June 6, 1932, as Employment of fourth-class postmas-
amended (July 6, 1932, to July 1, 1945), ter in an additional position.-See note
remains in force, only 85 percent of the on page 434.
page 10.03.
(October 12, 1944)
SALARY ADVANCEMENTS WITHIN GRADE
456.01
31, or any date thereafter, covering per-| ary advancements under the act of Au-
formance in the grade of his position, gust 1, 1941, should be given the salary
an official special rating shall be made increase for record purposes-payment
for this purpose at the time he enters to be made if and when he returns to a
the armed forces (departmental circular pay status-provided all other require-
No. 474, March 14, 1944).
ments for the increase are met (21
Section 4 of the President's regula- Comp. Gen. 369, October 27, 1941).
tions (see page 449) authorizes the Granting of salary increases to em-
granting of a within-grade salary ad- ployees who are about to be separated
vancement retroactively in certain cases or transferred.—If an employee resigns
where an error in the efficiency rating or is separated from a permanent posi-
has been discovered and corrected. tion effective on the date on which he
However, where an employee was re- would otherwise be entitled to a periodic
duced in grade and salary on the basis within-grade salary advancement under
of his efficiency rating, and subse- the act of August 1, 1941, he should not
quently restored to his former grade be considered for a promotion under the
and salary as the result of a successful act, as of that date, unless he is resign-
appeal to an efficiency rating board, ing in order to accept, without break in
there is no authority to pay him the service, another permanent position un-
salary rate, retroactively effective as of der the Classification Act in another
the date of his reduction, of the higher agency. In the latter case, he should
grade which he, in fact, did not hold be considered for the salary advance-
during the period of such reduction ment by the agency from which he is
(based on 23 Comp. Gen. 486, January resigning. If the separation is not to
4, 1944).
be effective until after the date he be-
Determination of amount of in- comes entitled to the salary advance-
crease.—The amount of the increase in ment, he should be considered for such
compensation under the act of August advancement from the date of entitle-
1, 1941, is an amount equal to one full ment to the date he is separated (21
salary increment of the grade in which Comp. Gen. 369, October 27, 1941; 21
the employee is serving at the time he Comp. Gen. 792, February 21, 1942).
becomes eligible for the increase. This Effect of transfer, reappointment, pro-
is true even though the employee's motion, or reduction upon retention of
position was reallocated during the 18-within-grade salary udvancement previ-
or 30-month waiting period, provided ously earned.-The vested right of an
that the increase in compensation re-employee to retain a periodic or meri-
ceived as a result of the reallocation torious within-grade salary advancement
was in an amount less than the com- granted pursuant to the act of August 1,
pensation increments of the lower | 1941, maintains only so long as he re-
grade. The within-grade salary in- mains in the position in which the ad-
crease should not be reduced by an /vancement granted. Upon the
amount equal to the increase in com-transfer, promotion, or reduction of an
pensation received by reason of the re-employee from one position to another
allocation (21 Comp. Gen. 285, October with different duties and responsibili-
2, 1941 ; 22 Comp. Gen. 151, August 19, ties, whether in the same or different
1942).*
grade, and whether in the same or a dif-
Granting of salary increases to em- ferent agency, it is within administra-
ployees who are on leave-without-pay.- tive discretion—but not mandatory—to
An employee who is on leave of absence fix his initial salary in the new position
without pay on October 1, 1941, the ef- at such prescribed rate of the grade as
fective date of the first within-grade sal. I will save to him the benefit of a within-
was
(July 27, 1944)
457 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
grade salary advancement to which he Where the transfer at an increase in
previously had become entitled (21 grade and salary was made under con-
Comp. Gen. 791, February 21, 1942; 21 ditions entitling the employee to reem-
Comp. Gen. 855, March 12, 1942).
ployment rights and benefits under the
As to reductions for disciplinary war-service regulations, and his return
reasons, see notes on page 458. As to to his former position was effected
reductions because of a predecessor's through the exercise of those rights and
return from the armed forces, see notes upon his meeting the terms and condi-
on page 88.01.
tions prescribed by the regulations, the
*Where an employee has been re- waiting period would date from the last
duced in position and grade through promotion in the original agency rather
no fault of his own, and later is re-than from the increase in grade and
stored to the same position and grade, salary upon transfer to the other agency,
it is within administrative discretion, and the service in the agency to which
subject to available appropriations, to transferred may be included in comput-
fix the employee's salary initially at a ing the 18- or 30-month waiting period
rate, even though above the minimum required. The same would be true in
of the grade, to which he previously cases where the transfer involved a
had been advanced in that position decrease rather than an increase in
through operation of the within-grade salary. These rulings, however, apply
promotion plan. He need not be re only to cases where the employee is re-
quired again to attain such salary rate stored at a salary rate not exceeding the
through periodic advancements in each rate prior to the original transfer (plus
step of the grade (decision, Comptroller any periodic within-grade salary ad-
General, September 19, 1944).*
vancements which he would have re-
Effect of return from transfer.-ceived had
ceived had he remained in that posi-
Where an employee is transferred to a tion). If the salary rate at which re-
position in a higher grade resulting in stored is in excess of the salary rate
an increase in compensation equivalent prior to original transfer (including
to the amount of the salary step in the periodic within-grade salary advance-
ments), the waiting period would date:
lower grade, and, upon completion of
(a) From the time he received the
the assignment in the higher grade, is
increase in salary incident to restora-
returned to his former salary and grade, tion, if the rate at which restored is
the general rule is that the employee is sufficiently in excess of the salary which
not eligible for a within-grade salary he received in the other agency to consti-
advancement under the act of August 1, tute an “equivalent increase in compen-
1941, until the beginning of the next sation" within the meaning of the act;
quarter after the lapse of 18 or 30
(0) From the time he received an
months (as the case may be) from the increase to a corresponding rate in the
time he received the equivalent increase other agency, if the rate at which re-
in compensation when transferred to the stored is not in excess of the rate which
higher grade (21 Comp. Gen. 478, No he received in the other agency (23
vember 22, 1941).
Comp. Gen. 265, October 8, 1943; 23
This general rule applies not only to Comp. Gen. 471, December 31, 1943; 23
cases where the employee was trans- Comp. Gen. 594, February 13, 1944).
ferred without reemployment rights, but Employee transferred from position
also to cases where, although he was not subject to efficiency-rating system.-
transferred with reemployment rights, See note on "Efficiency rating require-
his return to his former position was not ments," page 456.
effected through exercise of those rights Employee on active military or naval
(23 Comp. Gen. 471, December 31, 1943). I duty.-A civilian employee on active
!
(October 12, 1944)
HOURS OF LABOR
467
compensation is at a rate of less than $2,000 per annum, or (2) 15 per
centum of so much of their earned basic compensation as is not in
excess of a rate of $2,900 per annum if their earned basic compensation
is at a rate of $2,000 per annum or more.
(b) Any officer or employee to whom this act applies and who is
entitled to no additional compensation under subsection (a) or sub-
section (c) for a pay period, shall be paid for such pay period, in lieu
of overtime compensation under section 2, additional compensation
at the rate of (1) $300 per annum if his earned basic compensation is
less than $2,000 per annum, *or (2) 15 per centum of so much of his
earned basic compensation as is not in excess of $2,900 per annum if his
earned basic compensation is at the rate of $2,000 per annum or more,*
unless his overtime compensation under section 2 for such pay period is
at least equal to such additional compensation 16a
(c) Any officer or employee to whom this act applies and whose
hours of duty are less than full time, or whose compensation is based
upon other than a time period basis shall be paid, in lieu of overtime
compensation or additional compensation under the foregoing pro-
visions of this act, additional compensation at a rate of 15 per centum
of so much of their earned basic compensation as is not in excess of a
rate of $2,900 per annum.
(d) In no case shall any officer or employee be paid additional com-
pensation under this section for any pay period amounting to more
than 25 per centum of his earned basic compensation for such pay
period.
Sec. 4. The provisions of section 3 of this act shall apply to the offi-
cial reporters of proceedings and debates of the Senate and their
employees.
Sec. 5. The act approved February 10, 1942 (Public Law Numbered
450, Seventy-seventh Congress), and section 4 of the act approved
May 2, 1941 (Public Law Numbered 46, Seventy-seventh Congress),
as amended, are hereby repealed.
Sec. 6. The provisions of the Saturday half-holiday law of March
3, 1931 (46 Stat. 1482; U. S. C., title 5, sec. 26 (a)),-7 are hereby
suspended for the period during which this act is in effect.
Sec. 7. The provisions of this act shall not operate to prevent pay-
ment for overtime services in accordance with any of the following
statutes: Act of February 13, 1911, as amended (U. S. C., title 19, secs.
261 and 267); act of July 24, 1919 (41 Stat. 241; U. S. C., title 7, sec.
394); act of June 17, 1930, as amended (U. S. C., title 19, secs. 1450,
1451, and 1452); act of March 2, 1931 (46 Stat. 1467; U. S. S., title 8,
*161 As amended by the act of September 30, 1944 (Public Law 448, 78th Cong.).*
17 For the text of this law, and notes thereon, see pages 243 and 244 of the November
30, 1941, edition of this pamphlet.
(October 12, 1944)
468 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
secs. 109a and 109b); act of May 27, 1936, as amended (52 Stat. 345;
U. S. C., title 46, sec. 382b); 18 act of March 23, 1941 (Public Law
Numbered 20, Seventy-seventh Congress): Provided, That the over-
time services covered by such payment shall not also form a basis for
overtime compensation under this act.
SEO. 8. Whenever the Civil Service Commission shall find that within
the same Government organization and at the same location gross
inequities exist, to such extent as to interfere with the prosecution of
the war, between basic per annum rates of pay fixed for any class
of positions under the Classification Act of 1923, as amended, and the
compensation of employees whose basic rates of pay are fixed by wage
boards or similar administrative authority serving the same purpose,
the Commission is hereby empowered, in order to correct or reduce such
inequities, to establish as the minimum rate of pay for such class of
positions any rate within the range of pay fixed by the Classification
Act of 1923, as amended, for the grade to which such class of positions
is allocated under such act.18a
Sec. 9. The Civil Service Commission is authorized and directed
to promulgate such rules and regulations as may be necessary and
proper for the purpose of coordinating and supervising the administra-
tion of the provisions of the foregoing sections of this act insofar as
such provisions affect employees in or under the executive branch of
the Government.
SEC. 10.
Scc. 11. The heads of departments and agencies in the executive
branch, whose employees are affected by the provisions of this act,
shall present to the Director of the Bureau of the Budget and to the
Congress such information as the Director shall from time to time,
but not less frequently than the first day of each quarter, require for
the purpose of determining the number of employees required for
the proper and efficient exercise of the functions of their respective
departments and agencies. The director shall, from time to time, but
not less frequently than the thirtieth day after the beginning of each
quarter, determine the number of employees so required, and any per-
sonnel of any such department or agency in excess thereof shall be
released at such times as the Director shall order. Such determination
shall be reported to the Congress each quarter. Sections 2 and 3 of
this act shall cease to be applicable to the employees of such depart-
ment or agency unless the head thereof shall certify within thirty days
* 19
•
18 This provision vests a discretion in the Secretary of the Navy to pay overtime
compensation to employees whose regular positions come within the purview of the 1936
act in accordance with either the formula prescribed by that act or that prescribed by
section 2 of the War Overtime Pay Act of 1943 (23 Comp. Gen. 145, August 28, 1943).
182 See also War Manpower Commission Directive No. XII, page 350.
19 Section 10 of the act relates to the salaries of employees in the legislative branch.
LEAVE OF ABSENCE
495.04
(0) Temporary and indefinite em- | break in service, such an employee, with-
ployees.-Leave credits for "temporary" | out other leave to his credit, who has
and "indefinite” employees (within the been continuously employed for 28 days
meaning of the Leave Regulations) are of a 30-day month, may be granted, as in
based on the service month rather than anticipation of the month's continuous
the calendar month. They are not enti- service, not to exceed 2 days annual
tled to annual or sick leave for a frac- leave at the last of the month. The
tional month's service, and leave for continuity of service of "temporary”
them may be computed only on the basis employees for annual leave earning
of a full month's service. This rule purposes is not broken by Sundays not
applies to both types of "indefinite” em-occurring within a regular tour of
ployees—those who are appointed "for duty, or holidays or nonwork days
the duration of the job" and those who established by Federal statute or by
are paid on a "when actually employed" Executive or administrative order (16
basis. An "indefinite” employee begins Comp. Gen. 993, May 10, 1937; 16 Comp.
a new month of service when he resumes Gen. 1039, May 26, 1937 ; 17 Comp. Gen.
duty after being absent on leave without 1017, May 27, 1938; 18 Comp. Gen. 400,
pay (or layoff or furlough) for a fraction October 31, 1938; 20 Comp. Gen. 827, May
of a day, or a day or more.
28, 1941; 21 Comp. Gen. 101, August 5,
As to accrual of leave by temporary 1941; 22 Comp. Gen. 619, January 7,
employees during leave with pay periods, 1943; decision, Comptroller General,
see notes on "Accrual of leave during February 11, 1944; 23 Comp. Gen. 638,
periods of leave with pay," page 495.01. February 29, 1944; 23 Comp. Gen. 677,
*“Temporary” and “indefinite" em- March 16, 1944; 23 Comp. Gen. 841,
ployees do not earn annual or sick leave May 4, 1944; 23 Comp. Gen. 848, May
for any service month during which 5, 1944; 24 Comp. Gen. 26, July 13, 1944;
they are suspended for disciplinary rea- *decision, Comptroller General, August
sons for a period of more than three 17, 1944).*
days, but they do not lose a service Periods during which an employee
month's leave credit because of sus paid only when actually employed is not
pension for three days or less.* continuously employed but is required
A furlough or leave-without-pay period to be in readiness to render service when
does not affect the accrual of leave by ueeded, may not be considered as a
"temporary” or “indefinite” employees if part of the one month's period of sery-
it is administratively permitted to be ice for the purpose of determining
"bridged over" with annual leave with whether or not the employee has earned
pay (or sick leave, if the absence is one annual or sick leave, although they may
for which sick leave may properly be be so counted for the purpose of deter-
granted or advanced), and sufficient an- mining whether he is an “indefinite”
nual or sick leave is available for employee under the leave regulations
granting. While annual leave which as distinguished from a part-time or
would accrue at the end of the month intermittent employee (17 Comp. Gen.
without break in continuity of service, or 1017, May 27, 1938). Annual and sick
in succeeding months, may not be ad-leave is not earned during such periods,
vanced to indefinite per diem "when ac- or during furlough or lay-off periods
tually employed” employees even though or periods of service for less than one
they have completed one or more months | month rendered at intervals,
of continuous service with or without though preceded or followed by periods
even
(September 14, 1944)
496 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
of continuous service for at least one fractional calendar month's service, or
month (17 Comp. Gen. 1017, May 27, initial fractional calendar quarter's
1938). With respect to the earning of service would be for adjustment on the
leave by permanent trainmeu on the same basis as though the employee had
Alaska Railroad, see notes, page 494. received initial appointment as a per-
The rulings set forth in this note are manent employee, without regard to his
applicable even though the absence is service as a temporary employee. Of
due tu religious reasous (20 Comp. Gen. course, as provided in section 4.11 of
827, May 28, 1941; 22 Comp. Gen. 619, the regulations (see page 489), , leave
January 7, 1943).
earned for each full month of service as
*Maximum accumulation of leave.- a temporary employee would be for
The provision in the act of December crediting to the employee in his perma-
17, 1942 (see page 481), limiting the nent position (decision, Comptroller
accumulation of annual leave to 15 days General, September 11, 1944).*
a year during the present national emer- Crediting leave earned in previous in-
gency when the accumulated leave definite appointments.--The annual and
"equals or exceeds sixty days in the sick leave of “indefinite” employees paid
aggregate”, does not apply until the only when actually employed, which may
calendar year succeeding the calendar be credited only for periods of con-
year at the end of which such leave ag- tinuous service of one month or more,
gregated at least 60 days, and, there may be carried over from one such pe-
fore, an employee with a leave accum- riod of continuous service to another (17
ulation of 59 days at the end of a cal-Comp. Gen. 1017, May 27, 1938).
endar year may accumulate the full 26 Employees subject to Federal and
days authorized by the act of March State supervision during alternate pe-
14, 1936, during the succeeding calendar riods.---Where, under cooperative agree-
year (decision, Comptroller General, ments between the Department of Agri-
September 20, 1944).*
culture and States, etc., employees are
Crediting leave earned in previous uuder the supervision and control of
temporary appointments. — Employees the Federal Government during six
originally appointed for definite periods months of the year and under the super-
not exceeding one year whose appoint-vision and control of the cooperating
ments are extended at the end of one agency during the other six months, an-
year for a further definite period not nual and sick leave under the Federal
exceeding one year, or who are given acts of March 14, 1936, 49 Stat. 1161
new temporary appointments at such and 1162, accrues only during the period
time, are to be regarded as temporary the employees are under Federal con-
employees for leave purposes regard- trol. Such employees may, however, be
less of the aggregate length of service, regarded as in a continuous duty status,
and such a series of appointments or and their Federal leave may be carried
extensions is to be considered as one over from one continuous period of Fed-
temporary appointment for the purpose eral control of one month or more to
of transferring accrued leave credit another (17 Comp. Gen. 362, October 26,
from one period of the temporary ap- 1937).
pointment to another (based on 20 Recrediting of leave upon immediate
Comp. Gen. 332, December 21, 1940; 20 reemployment after retirement. Where
Comp. Gen. 661, April 22, 1941; 18 an employee is retired for age and re-
Comp. Gen. 596, January 7, 1939). appointed to his former position the next
*When an employee is transferred day under authority of the act of June
or reappointed from a temporary to a 28, 1940 (see p. 133), the provisions of
permanent status for leave purposes the annual and sick leave acts and
(see section 1.1 (b) and (c) of the reg- regulations are applicable just as in
ulations, page 485), credits for leave as any other case of separation and re-
a permanent employee for the initial I appointment without break in service.
(October 12, 1944)
J K
633
A
22
CIVIL SERVICE ACT AND RULES
TRANSMITTAL SHEET NO. 17
October 19, 1944
These sheets should be cut or torn apart along the perforations. They
should then be substituted as shown on the back of this
page
for
pages
of the loose-leaf edition of the "Civil Service Act and Rules." The steps
in making the insertions are explained on page XX of the introductory
chapter, "How to Use This Book." The date of this transmittal sheet
and the date of filing should then be noted on the "Filing Record" at the
front of the book, and this page should be filed immediately behind
Transmittal Sheet No. 16.
When this filing is completed, pages 1 to 64, 69 to 80, 85 to 118, 123 to
168.01, 185 to 220, 291 to 365, 377 to 400, and 447 to 525 will be up to date
as of October 19, 1944.
Remarks
Additions have been made on pages 61.01, 88.01, 383, 395, 396,
464.01, 464.02, 480, 501, and 516.
Deletions have been made as indicated on pages 396, 397, and 477.
Changes have been made on pages 50, 383, 385, 396, and 397.
The changes, additions, and deletions on pages 396 and 397 are the
result of the expiration of the old District of Columbia Appropriation Act
and the taking effect of the new one. On these pages, material has
been indicated by stars only where there is a change in substance; a
number of changes in citations, which involved no change in the nature
or extent of the exception from the District of Columbia regulations,
have not been indicated by stars. The deletion on page 477 is the re-
sult of the amendment to the War Overtime Pay Act by the act of Sep-
tember 30, 1944, which appears on page 467 of the Act and Rules.
It is believed that all other changes will be obvious upon comparison
of the old with the new pages.
No page appearing in a particular installment has been changed in
that installment (except by transfer of material from contiguous pages)
unless the edition date of the page is the same as that of the transmit-
tal sheet. Stars are retained on reprinted pages to indicate the last
changes made on the page.
614614 0-44
TRANSMITTAL SHEET NO. 17 (October 19, 1944)
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NOTE.—Pages of the October 31, 1943, edition bear no edition date in the lower
outside corner.
DEPOSITED BY THE
UNITED STANS OF AMERICA
INUWA
80
NOTES ON EXAMINATIONS AND ADMISSION THERETO
50
NOTES ON EXAMINATIONS AND ADMISSION THERETO
em-
EXAMINATION ANNOUNCEMENTS experience of the type required, regard-
less of whether compensation was re-
[See war-service regulation 1]
ceived or whether the experience was
Under section 1 of war-service regu- gained in a part-time or full-time occu-
lation I, examinations for original ap- pation" (action of Commission, August
pointment will be competitive except | 4, 1944).
that noncompetitive examinations may “Applications are not desired from
be authorized when sufficient com- persons engaged on war work unless the
petent persons do not compete. Section position applied for requires the use of
5 of war-service regulation V (see page higher skills than the worker is using
29) permits temporary noncompetitive in his present employment.” (In con-
appointments in certain cases when, in tacts made as a result of positive and
the discretion of the Commission, the direct recruiting assignments, prospec-
exigencies of the war program demand tive applicants must be notified of this
that a position be filled immediately be- policy.)
fore the Commission has time to estab- “Appointments in the Federal service
lish a formal list of eligibles. The only are made in accordance with War Man-
authority for restricting admission to power Commission policies and
examinations (other than to residents of ployment stabilization programs. This
a particular area) is that contained in means generally that persons employed
section 3 of war-service regulation I in certain activities or occupations may
(page 21). This section, which pro- be required to obtain statements of
vides for the restriction of certain ex- availability from their employers or
aminations to preference applicants, is referral from the United States Em-
discussed in more detail on page 61. ployment Service before they can be
The following statements will be in appointed. An offer of Federal ap-
cluded in examination announcements: pointment will be accompanied by in-
"Preference in appointment (includ-structions as to what steps the person
ing the addition of extra points to must take to secure necessary clearance.
earned ratings) is given under certain Statements of availability should not be
conditions to: ex-service men and secured until an offer of appointment is
women, unmarried widows of deceased received" (action of Commission, No-
ex-service men, and wives of such dis- / vember 16, 1942; Commission's minute 1
abled ex-service men as are disqualified of July 9, 1943).
for appointment because of service-con- With respect to inclusion in announce-
nected disability. In rating the ex-ments of statements as to physical re-
perience of a preference applicant, the quirements, see page 89.
time spent in the military service will
APPLICATIONS
be regarded as an extension of time
spent in the position the applicant held
[See section 2 of war-service
when he entered such service. The
regulation II]
veteran on whose service a preference Application for examination
claim is based must have been hon-quired.--All persons are required to
orably separated from active military make a proper application for appoint-
service.” *The second sentence of this ment under civil-service laws. The ex-
statement will be omitted in announce- amination is not the only statutory re
ments of examinations for which no ex- quirement.
The authorities
perience is required (actions of Com- may require all applicants to verify
mission, August 4, 1944, and September such applications, and perjury may be
8, 1944).*
committed in making oath to them.
“Credit will be given for all valuable' (Am. and Eng. Encyl. of Law, "Civil
re-
+
#
(October 19, 1944)
51
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
Service." See also Johnson v. U. S., Oct. in connection with forms used within
1905, 26 D. C. App. 128.)
the agency (departmental circular No.
Application forms to be used.–Stand- | 449, November 10, 1943).
ard Form 57 is the generally acceptable Perjury in application.-See notes on
form for application for original ap- page 57.01.
pointment, transfer, etc., under the war- Authority to administer oaths to
service regulations, and for personal applicants.—Under the act of August 23,
history purposes in departments and 1912 (37 Stat. 372; 5 U. S. C. 1940 ed.
agencies. This form is acceptable even 634), members of the Civil Service Com-
when submitted under circumstances mission and its duly authorized repre-
where the simpler Standard Form 60 is sentatives may administer oaths to
authorized. (Civil Service Commission civil-service applications. The Com-
Forms 9 and 10 are still required, how mission may legally designate any per-
ever, for positions as postmaster and son as its ugent to administer oaths in
rural carrier.tt
civil-service matters and such persons
Standard Form 60 is acceptable for are not required to become members of
use as an application for war-service a civil-service board of examiners in or-
appointments to positions as mechanics, der to be clothed with the authority to
office-machine operators, laborers, man- administer such oaths (action of Com-
ual workers, and trainees for such posi- mission, November 20, 1940).
tions. In connection with recruiting for
Any Federal, State, county, or city
war-service appointments to other lim- officer, enipowered by law to administer
ited classes of positions not requiring oaths for general purposes, may ad-
elaborate description of education or ex-
minister the oath required in the jurat
perience, the principal examiners and of an application for a civil-service ex-
regional directors of the Civil Service amination. The absence of an impres-
Commission may call for applications on
sion seal will not invalidate the officer's
Standard Form 60.
certificate on the jurat (Commission's
Agencies may elect to use Standard minute 3 of June 15, 1931).
Form 60 instead of Standard Form 57
As to the designation of an employee
for their own personal history records by the head of his department to admin-
ister oaths to civil-service applications,
for any classes of appointees whose
proper utilization and placement does under authority of section 206 of the
act of June 26, 1943 (57 Stat. 196),
not involve reference to items on Stand-
ard Form 57 which are not covered in
see notes on page 108. In the absence
of such
such delegation, oaths to
Standard Form 60. For developing the
ap
details of the applicant's duties and plications for civil-service examina-
tions executed by a postmaster (except
responsibilities in past employments,
within the Territory of Alaska), post-
Standard Form 57 provides more total
office inspector, or chief clerk or assist-
space and suggests a fuller description
ant chief clerk of the Railway Mail
of each employment than does Standard
Service will not be acceptable. Their
Form 60 (departmental circular No. 402,
ev oficio authorities are limited to the
January 5, 1943, and supplement 1
administration of oaths for special pur-
thereto, February 2, 1943).
Standard Form 62, rather than Stand- poses which do not include the execu-
tion of the jurat in a civil-service ap-
ard Form 57, is used for promotions (de- plication (Commission's minute 2 of
partmental circular No. 257, revision 3, January 10, 1938, and minute 2 of Feb-
September 20, 1943).
ruary 9, 1938; act of August 5, 1939 (53
*Photographs.-Photographs should Stat. 1219; 48 U. S. C. 1940 ed. 35a)).
not be required in connection with any In the absence of proper designation
form submitted to the Commission. under section 206 of the act of June 26,
The Commission urges all departments 1943, officers of the Army, Navy, and
and agencies not to require photographs Marine Corps are not, in general, au-
(August 24, 1944)
NOTES ON EXAMINATIONS AND ADMISSION THERETO
61
limitations upon teaching and instruc- *The eligibility of members of the
tion are as applicable to teaching posi. Enlisted Reserve Corps of the Army
tions in State and municipal schools as should not be suspended so long as they
to similar positions in private institu- are in inactive status.
tions.
As the United States Coast Guard
In general, it may be said that the Temporary Reserve is purely a volun-
criteria described above are regarded teer organization, the members of
as applicable to teaching activities in which may be discharged, transferred,
connection with "in-service training” or placed on the inactive list at any
courses (departmental circular No. 203, time at their own request, eligibility
October 21, 1939, and supplement 1 should not be suspended on grounds of
thereto, May 1, 1940).
membership in it (Commission's min-
ute 1 of July 18, 1944).*
EXAMINATION AND APPOINTMENT OF PER-
Suspension of eligibility of conscien.
SONNEL OF THE ARMED FORCES
tious objectors.—The eligibility of con-
Admission to examinations.-Execu- scientious objectors is suspended dur-
tive Order No. 2357, April 11, 1916, pro- | ing any period of military or naval
vides that: "Enlisted men will be ad-service or of service in a civilian camp
mitted to examinations for which they under the Selective Training and Sery-
are shown to be eligible; the question of ice Act of 1940 (Commission's minute 2
their discharge, if offered civil employ- of February 24, 1942). With respect to
ment, will be determined by the military the restoration of their names to regis-
or naval authorities."
ters after the coinpletion of such sery-
Application for civil-service examina- ice, see notes on page 245.
tions will be accepted from any person Extension of eligibility after termina-
serving in the armed forces of the tion of active service in the armed
United States who meets admission re- forces.-See notes on page 245.
quirements. However, any question Simultaneous employment in both the
concerning necessary leave from mili- civil and the military branches.See
tary duty in order to compete in such notes on page 436.
examinations must be taken up with Civilian employment of retired offi-
the proper military authorities (depart- cers.—See notes on page 437.
mental circular No. 438, October 22,
1943). With respect to special examin- EXAMINATIONS IN WHICH COMPETITION
ations after discharge for persons who
IS RESTRICTED TO PREFERENCE APPLI-
were prevented from competing because
of military or naval service, see note on
In accordance with section 3 of the
Veterans' Preference Act, and section
“Reopened Examinations," page 61.01.
3 of war-service regulation I, the Com-
Examination credit for courses of -
mission will hereafter restrict competi-
fered to members of the armed forces.--
tion to persons granted 5. or 10-point
See page 65.
preference, as long as such persons are
Suspension of eligibility during ac- available, for the following positions:
tive service with the armed forces,
Elevator operator, messenger, guard,
When it is known that an eligible is building guard, forest guard, fire guard,
serving in the armed forces, his name mint guard, private (Secret Service),
will not be certified for consideration air corps patrolman, shipkeeper, patrol-
for appointment. His eligibility will man, customs guard, charman, charwo-
be suspended until he notifies the Com- man, hospital attendants (including
mission that he desires to have his eligi- maids, ward attendants, mess attend-
bility extended in accordance with Ex- ants), janitor, junior laborer (Custo-
ecutive Order No. 8937 of November 7, dial Service of Post Office Department),
1941 (departmental circular No. 438, firemap-laborer, caretaker of abandoned
October 22, 1943). (For text of this Federal reservation, caretaker of Fed-
Executive order, see p. 245.)
eral cemetery, caretaker of small mil-
CANTS
(September 7, 1944)
61.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
tary reservation, lockman, and dam granted 5-point preference must apply
tender (departmental circular No. 493, for the reopening of an examination
July 3, 1944). Nonpreference applicants within six months after honorable dis-
may be considered for these positions charge.
only where every effort has failed with- Positions for which reopened examina-
in a reasonable time to produce prefer- tions will be held.-Under section 2 of
ence eligibles (action of Commission, war-service regulation I, 5-point pref-
July 26, 1944).
erence applicants, even though they
apply within the six-month period, are
REOPENED EXAMINATIONS FOR PERSONS
entitled to reopened examinations only
GRANTED PREFERENCE
for positions for which there are exist-
[See section 2 of war-service ing registers or registers about to be
regulation 1]
established, while 10-point preference
Persons entitled to 5-point prefer- aminations not only for such positions,
to ex-
-Section 2 of war-service regula-
but also for positions to which any ap-
tion I provides in part as follows:
pointment has been made within the
Applicants granted five-
preceding 3 years.
point preference under these regulations
*The words “any appointment” as
may file application at any time within
six months after their discharge from used in section 10 of the Veterans'
the armed forces for examinations for Preference Act of 1944 (on which sec-
which there are existing lists or for tion 2 of war-service regulation I is
which lists are about to be established. based) are interpreted to mean proba-
Examinations reopened for preference tionary appointments, war-service in-
applicants will be scheduled as the needs definite appointments, temporary ap-
of the service require, but in any case
pointments, reinstatements, transfers,
not less than once each month."
and promotions (Commission's minute 2
Persons entitled to 10-point prefer-
of August 29, 1944).*
-Section 2 of war-service regula-
Register on which eligibility will be
tion I provides in part as follows:
entered.--Applications received from
Applicants granted
preference applicants for reopening of
ten-
point preference under these regulations examinations for a position for which
may file application at any time for any
there is no register but for which an
position they may specify for which open competitive examination has al-
there is an existing list or a list about ready closed will be considered along
to be established or to which any ap with the applications for the regular
pointment has been made within the examination. The preference appli-
preceding three years.
cants will be admitted to the regular
Examinations reopened for preference examination when it is held, and if
applicants will be scheduled as the needs they attain eligibility, their names will
of the service require, but in any case
be entered on the register simultan-
not less than once each month."
eously with those of applicants quali-
fying through the open competitive ex-
*Persons not yet discharged from
amination.
armed forces. The provisions of sec-
tion 2 of war-service regulation I restrict of an examination for a position for
Applications received for reopening
the reopening of examinations to appli- which there is no existing register but
cants who have been granted prefer- for which an open competitive examina-
ence. As to the granting of preference tion has been announced and held will
while the applicant therefor is still in be considered in the usual way for re-
the armed forces, see page 77.03.* opening of the examination at the end
Period for filing applications for re- of the quarterly period in which re-
opened examinations. Persons granted ceived, even though the register has
10-point preference may apply for the re- not been established, and the names of
opening of an examination at any time resulting eligibles will be entered on the
after honorable discharge. Veterans register immediately if it has then been
(October 19, 1944)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT 88.01
pointment to a position the salary for | be that of such salary step in the classi-
which is prescribed by the Classification fied grade to which the position is allo-
Act, an employee may be paid initially cated as will cause no loss, or as little
at any rate in the salary range of the loss as possible, in the total compensa-
grade for the position to which re- tion when the gross compensation (in-
appointed which does not exceed the clusive of overtime compensation) au-
rate previously paid to the employee in thorized for the unclassified position is
his last previous Federal position, ex-compared with the gross compensation
cept when an increase over this rate is (basic plus overtime or additional war-
necessary in order to pay the minimum time compensation) authorized for the
of the grade to which reappointed. classified position for the same period
*This rule as to reappointment is ap- of time (23 Comp. Gen. 160, Septem-
plicable regardless of the law and civil- ber 1, 1943; decision, Comptroller Gen-
service regulation pursuant to which re-eral, August 11, 1944). *It is optional
employment is effected, unless otherwise with the administrative office whether
required by such law or regulation ; for this comparison between the gross rates
example, it applies to a former employee of compensation be made, or whether
who, upon reemployment, was given a the comparison be made between the
"new appointment” in a classified posi- basic rates of compensation in the un-
tion under war-service regulation V classified and classified positions, for
when she failed to qualify for “reap the purpose of determining which result
pointment” under war-service regula- is more advantageous to the employee;
tion VIII (decision, Comptroller Gen- however, the two rules may not be com-
eral, September 25, 1944 ;* 22 Comp. bined and applied so as to pay a basic
Gen. 925, March 29, 1943, citing 8 rate of compensation in the classified
Comp. Gen. 400, February 2, 1929; position to include both the basic com-
9 Comp. Gen. 193, November 9, 1929; pensation and the overtime or wartime
13 Comp. Gen. 322, May 4, 1934; 15 additional compensation previously re-
Comp. Gen. 102, August 6, 1935; 15 ceived in the unclassified position (de-
Comp. Gen. 797, March 14, 1936; 16 cision, Comptroller General, October 4,
Comp. Gen. 598, December 17, 1936 ; 16 1944).*
Comp. Gen. 994, May 10, 1937; 17 Comp. An employee who, after promotion or
Gen. 1061, June 9, 1938; 19 Comp. Gen. reassignment to a higher grade for an
20, July 7, 1939; 18 Comp. Gen. 223, Sep indefinite period to fill a vacancy
tember 6, 1938; 19 Comp. Gen. 763, Feb- caused by another employee's entrance
ruary 28, 1940; 19 Comp. Gen. 845, April into the active military service, was re-
8, 1940; 20 Comp. Gen. 17, July 10, 1940; duced to his former grade upon return
20 Comp. Gen. 451, February 14, 1911; 1 of the employee from the service, may
20 Comp. Gen. 579, March 31, 1941; 21 thereafter be paid at a rate
Comp. Gen. 326, October 13, 1941; 21
(1) Which is the same as that of the
Comp. Gen. 386, October 28, 1941; 21
Comp. Gen. 791, February 21, 1942; 22 higher grade to which promoted or re-
assigned (including any periodic or
Comp. Gen. 489, November 23, 1942).
Where an employee ceases to be meritorious salary advancement) pro-
compensated under the 40-hour week vided the salary rate of that grade is
statute of March 28, 1934 (see page also a standard rate in the grade to
464.01) and becomes subject to the which reduced; or
Classification Act of 1923, as amended,
(2) Which involves as little loss of
either through transfer from one posi- salary as is necessary to pay a rate
tion to another or through the initial prescribed for the grade to which re-
allocation of his position under the duced (23 Comp. Gen. 201, September
Classification Act, his salary rate may | 18, 1943).
(October 19, 1944)
88.02 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
page 425.
As to the payment of less than the employees is paid (23 Comp. Gen. 319,
statutory rate, see statute on "Vol- November 1, 1943). As the rule author-
untary service" and notes thereto on izing transfers between classified posi-
tions without loss of basic compensation,
There is an administrative practice, stated elsewhere on this page, was
recognized as proper by decisions of the intended to save basic compensation at-
Comptroller General, and covered by the tained by operation of the Classification
Commission's departmental circular No. Act of 1923, as amended by the act of
394, supplement 2, January 16, 1943, of August 1, 1941 (see page 447), it is not
paying a differential in compensation for application to save, upon transfer
not to exceed 25 percent to employees to a position within the continental
with posts of duty outside the conti- United States, a differential based solely
nental limits of the United States. This upon the location of the former position
practice is general in scope and appli- outside the continental United States
cable regardless of the law pursuant to (decision, Comptroller General, Septem-
which the basic compensation of the lber 4, 1944).
1
(October 19, 1944)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT
89
ar
In reinstatement and transfer cases. | from said date, provided the other
the Commission is primarily concerned conditions necessary to make the ap-
with the qualifications of the proposed pointment effective have been fulfilled
appointee and not with the proper on said date (17 Comp. Gen. 369, Oc-
salary rate payable. The responsibility tober 28, 1937).
for determining the proper salary rate *As to the use of Standard Form 63
in such cases rests upon the agency con- to obtain information necessary for de-
cerned (Commission's minute 2 of Sep. termining the effective date of employ-
tember 27, 1943).
ees' entrance on duty in cases of trans-
Effective date of appointment.-Com- fer, see notes on page 155.01.*
pensation may not be paid to an em- SPECIAL REQUIREMENTS APPLIED AT TIME
ployee prior to the effective date of his
OF APPOINTMENT
appointment, and an appointment may
Physical Requirements
not be made retroactively effective to
cover services rendered. Appointments [See section 3 of war-service regulation II]
effective from date of acceptance
Standards applied in determining
and entrance on duty after the appoint- physical itness.-The following state-
ing power actually takes action, unless ment will be used in examination an-
a later date is stated in the appoint- nation is for a position which does not
nouncements except where the exami-
ment,
and may not be retroactive. nation is for a position which does not
(See 8 Comp. Gen. 582, May 3, 1929; 17 require full physical ability for the per-
formance of the duties :
Comp. Gen. 323, October 11, 1937; 18
“Applicants must be physically ca-
Comp. Gen. 907, June 5, 1939; and 20 pable of performing the duties of the
Comp. Gen. 267, November 19, 1940).
position and be free from such defects
The rendition by a newly appointed or diseases as would constitute employ-
employee of service of any substantial ment hazards to themselves or endanger
kind, however temporary (whether thier fellow employees or others.
duty, instruction, training, observation, Where an examination is being an-
selection, or probation), after having nounced for a position which does not
otherwise qualified for the position is require; for the performance of the
sufficient to justify an administrative duties, full physical ability, the follow-
certification that the employee has ing sentence should be added to the
entered upon duty, even though the em- statement just quoted :
ployee has not arrived at his first per- "Persons with physical handicaps
manent duty post, so as to authorize which they believe will not prevent their
payment of salary (22 Comp. Gen. 869, satisfactory performance of the duties
March 6, 1943).
stated above are invited to apply."
*An employee who accepted an ap- Where the appointing officer and the
pointment to a position effective on Commission** have agreed that it is
Saturday, a regular workday, and took advisable to insert a more detailed
the oath of office on that day but did statement as to physical requirements,
not enter upon duty until the following the detailed statement covering such
Monday, the next workday, is entitled requirements will follow this general
to compensation for the intervening statement. In addition, offers of ap-
Sunday, but not for Saturday (decision, pointment or notices to report for work
Comptroller General, August 21, 1944).* will specify these requirements and will
Where the law provides for appoint- advise the prospective appointee not
ment of enployees by one officer with to report unless he meets such require-
the approval of another officer, the ap- ments (departmental circular No. 323,
proval when given relates back to the revised, March 30, 1942; actions of Com-
date of action by the appointing officer mission, January 4, 1943, and August 4,
and makes the appointinent effective | 1944).
(September 21, 1944)
STATUTES APPLYING THE CIVIL-SERVICE LAW TO THE
POLICE AND FIRE DEPARTMENTS OF THE DISTRICT
OF COLUMBIA
POLICE DEPARTMENT
APPOINTMENTS AND PROMOTIONS
The Commissioners of said District shall appoint to office, assign
to such duty or duties as they may prescribe, and promote all officers
and members of said Metropolitan police force: Provided, That all
officers, members, and civilian employees of the force, except the
major and superintendent, the assistant superintendents, and the
inspectors, shall hereafter be appointed and promoted ? in accord-
ance with the provisions of an act entitled "An act to regulate and
improve the civil service of the United States," approved January
16, 1883, as amended, and the rules and regulations made in pursu-
ance thereof, in the same manner as members of the classified civil
service of the United States: Provided further, That hereafter the
1 Eligibles on either register for private, Fire Department, or policeman, Police Depart-
ment, District of Columbia, who meet the announced requirements for the other register,
are eligible for transfer in case of shortage (Commission's minute 3 of August 18, 1932).
Regulations governing competitive examinations for promotion in the Metropolitan Police
Department were approved October 28, 1927 (Commission's minute 2 of November 4, 1927).
These regulations have since been changed by the Commission's letters to the Commissioners
of the District of Columbia, November 5, 1937, and July 29, 1944.*
Applicants for promotion in the Metropolitan Police Department will, hereafter, be
required to pass full examinations when they may be announced (Commission's minute 5 of
January 25, 1935). The position of Executive Officer (Captain), however, may be alled
noncompetitively (Commission's minute 5 of June 25, 1940). The time for filing appeals
in connection with promotion examinations for the Police Department will be limited to
30 days from the date of receipt of ratings (Commission's minute 7 of October 12, 1940).
Hereafter the residence qualification for the position of private, Fire Department, Dis-
trict of Columbia, will be the same as that for private, Police Department ; that is, confined
to the District of Columbia (Commission's minute 1 of March 17, 1933). (See p. 384.)
The basic salaries of officers and members of the Police and Fire Departments of the
District of Columbia are determined in accordance with the provisions of the act of
July 1, 1930 (46 Stat. 840), *as amended by the act of May 5, 1944 (Public Law 297,
78th Cong.).*
The District of Columbia Appropriation Act, 1942 (55 Stat. 514, July 1, 1941),
provides for “the employment of not to exceed four detectives in the salary grade
of captain to be appointed by the Board of Commissioners after a special examination
conducted by the Civil Service Commission in criminal law, practical police work, and
crime detection."
*The District of Columbia Appropriation Act, 1945 (Public Law 371, 78th Cong., June
28, 1944), excepts from the civil-service laws personal services necessary to enable the
Commissioners of the District of Columbia to maintain public order and protect life and
property in the District from January 15 to January 26, 1945.*
As to admission of District of Columbia policemen and firemen to promotional examina-
tions held during their absence in the armed forces, see page 144. As to the earning of
automatic salary advancements during their absence in the armed forces, see page 146.
383
(October 19, 1944)
384 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
assistant superintendents and inspectors shall be selected from among
the captains of the force and shall be returned to the rank of cap-
tain when the Commissioners so determine: Provided further, That
privates of class 1, if found efficient, shall serve 1 year on probation,
privates of class 2 shall serve 2 years subsequent to service in class 1,
and privates of class 3 shall include all those privates who have
served efficiently three or more years 3 (paragraph 2 of the act of
December 5, 1919, 41 Stat. 363).
RESIDENCE
There shall be no limitation or restriction of place of residence to
any member of the police force, other than residence within the
Washington, District of Columbia, Metropolitan district: Provided,
That for the purposes of this act, Washington, District of Columbia,
Metropolitan district, shall be held to include the District of Co-
lumbia and the territory adjacent thereto within a radius of 12 miles
from the United States Capitol Building: And provided further,
That any member of the Police Department living outside of the
District of Columbia shall have and maintain a telephone at all
times in his residence (49 Stat. 568, Aug. 9, 1935).
STRIKES
No member of the Metropolitan police of the District of Columbia
shall be or become a member of any organization, or of an organiza-
tion affiliated with another organization, which itself, or any subordi-
nate, component, or affiliated organization of which holds, claims, or
uses the strike to enforce its demands. Upon sufficient proof to
the Commissioners of the District of Columbia that any member
of the Metropolitan police of the District of Columbia has violated
the provisions of this section, it shall be the duty of the Commis-
sioners of the District of Columbia to immediately discharge such
member from the service.
Any member of the Metropolitan police who enters into a con-
spiracy, combination, or agreement with the purpose of substantially
interfering with or obstructing the efficient conduct or operation of
the police force in the District of Columbia by a strike or other dis-
turbance shall be guilty of a misdemeanor, and upon conviction shall
be punished by a fine of not more than $300 or by imprisonment of
not more than 6 months, or by both (paragraph 9 of the act of Decem-
ber 5, 1919, 41 Stat. 363).
* The probationary period of both policemen and fremen is regarded as 1 year (Commis-
sion's minute 6 of Jan. 27, 1927).
3 See p. 386 for provision on age limits.
DISTRICT OF COLUMBIA GOVERNMENT
385
RESIGNATION
$
No officer or member of the said police force, under penalty of
forfeiting the salary or pay which may be due him, shall withdraw
or resign, except by permission of the Commissioners of the District
of Columbia, unless he shall have given the major and superintendent
1 month's notice in writing of such intention (41 Stat. 363, Dec. 5,
1919).
REMOVAL
No removal from the police force shall be made except on written
charges and after an opportunity for defense on the part of the person
against whom such charges may be made; but no person so removed
shall be reappointed to any office in said police force (31 Stat. 819,
Feb. 28, 1901).*
FIRE DEPARTMENT
APPOINTMENTS AND PROMOTIONS
* * Provided further, That all officers, members, and civilian
employees of such department, except the chief engineer and deputy
chief engineers, shall hereafter be appointed and promoted 5 in accord-
ance with the provisions of the act entitled "An act to regulate and
improve the civil service of the United States," approved January
16, 1883, as amended, and the rules and regulations made in pursuance
thereof, in the same manner as members of the classified civil service
of the United States, except as herein otherwise provided : Provided
further, That the chief engineer of the Fire Department shall here-
after be selected from among the deputy chief engineers, the battalion
chief engineers, the fire marshal, and the superintendent of ma-
chinery; the deputy chief engineers shall hereafter be selected fron
* See note on reappointment of retired policemen and firemen, p. 131.
o Regulations governing competitive examinations for promotion in the Fire Department
of the District of Columbia approved October 28, 1927 (Commission's minute 2 of Novem-
ber 4, 1927). These regulations have since been changed by the Commission's letter to
the Commissioners of the District of Columbia, November 5, 1937. The time for filing
appeals in connection with promotion examinations for the Fire Department will be limited
to 30 days from the date of receipt of ratings (Commission's minute 7 of October 12, 1940).
The probationary period of both policemen and firemen is regarded as 1 year (Commission's
minute 6 of January 27, 1927).
The basic salaries of officers and members of the Police and Fire Departments of the
District of Columbia are determined in accordance with the provisions of the act of July
1, 1930 (46 Stat. 840), *as amended by the act of May 5, 1944 (Public Law 297, 78th
Cong.).
As to admission of District of Columbia policemen and firemen to promotional examina-
tions held during their absence in the armed forces, see page 144. As to the earning of
automatic salary advancements during their absence in the armed forces, see page 145.
(October 19, 1944)
386 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
among the battalion chief engineers, the fire marshal, and the super-
intendent of machinery: Provided further, That all original ap-
pointments of private shall be made to class 1; privates who have
served 1 year in class 1 shall, if found efficient, be transferred to class
2, and privates who have served 2 years in class 2 shall, if found
efficient, be transferred to class 3. Such transfers shall not be subject
to the provisions of such act of January 16, 1883, as amended, and
the rules and regulations made in pursuance thereof. Whenever
vacancies occur in classes 2 or 3 which cannot be filled by such trans-
fers the Commissioners may appoint additional privates in class 1
equal in number to the positions vacant in classes 2 or 3; and any
moneys appropriated for the payment of the salaries for such vacant
positions shall be available to pay to such additional privates of class
1 the salaries of their grade (section 2 of the act of June 20, 1906,
34 Stat. 314, as amended by the act of January 24, 1920, 41 Stat. 396).
AGE LIMITS
The Commissioners of the District of Columbia are hereby author-
ized to determine and fix the minimum and maximum limits of age
within which original appointments to the Metropolitan Police and
Fire Departments may be made (section 4 of the act of January 24,
1920, 41 Stat. 396).
RESIDENCE AND LEAVE OF ABSENCE
No member of the Fire Department shall, unless on leave of absence,
go beyond the confines of the District of Columbia, or be absent from
duty without permission, except that nothing in this act shall be con-
strued to limit the right of members of the department to reside any.
where within the Washington, District of Columbia, Metropolitan Dis-
trict; and leaves of absence exceeding 20 days in any one year shall be
without pay and require the consent of the Commissioners, and such
year shall be from January 1 to December 31, both inclusive, and 30
days shall be the term of total sick leave in any year without disallow-
ance of pay; and leave of absence with pay of members of the Fire
Department of the District of Columbia may be extended in cases of
illness or injury incurred in line of duty, upon recommendation of the
board of surgeons approved by the Commissioners of the District of
Columbia, for such period exceeding 30 days in any calendar year as
in the judgment of the Commissioners may be necessary: Provided,
That for the purposes of this act, Washington, District of Columbia,
Metropolitan District, shall be held to include the District of Columbia
and the territory adjacent thereto within a radius of 12 miles from
DISTRICT OF COLUMBIA GOVERNMENT
395
retransfer to the Federal service subject to the provisions of the civil-
service rules.28
REPORTS OF CHANGES
14. The Civil Service Commission shall be furnished with periodic
reports of appointments, separations, and changes in status on the
forms provided for that purpose, such reports to be submitted by
the secretary to the Board of Commissioners of the District of
Columbia. The authority for the appointment to a position not
excepted will be noted on the report of changes.
SEPARATIONS
15. All separations shall be reported to the secretary to the Board
of Commissioners of the District of Columbia by the head of the
department, showing clearly the reasons for such action; such as,
resignation, completion of work, retirement, discharge for cause, etc.
If an employee is separated for cause, such as delinquency, miscon-
duct, etc., the facts in the case will be furnished the secretary to the
Board of Commissioners of the District of Columbia. If an im-
mediate appointment is necessary and time will not permit the sub-
mission of a written report to the said secretary and the securing of
names to be considered in connection with filling the vacancy in the
usual procedure, the discharge will be reported by telephone to said
secretary together with information as to when the new employee
will be required and the information why immediate appointment
must be made, in order that, if necessary, he may communicate with
the contact officer for the Civil Service Commission and secure names
by telephone immediately.27
FURLOUGHS
16. When work is being discontinued due to weather conditions,
lack of funds, etc., but the head of the department expects to reassign
employees to duty when the work can be carried on, such employees
will be furloughed, if their work is satisfactory, and may be recalled
from furlough within a year without prior authority from the Civil
Service Commission, furlough and recall to duty being reported
in the report of changes. If a period of 1 year has elapsed, request
for reinstatement must be submitted.
* For the duration of the war, transfers of Federal employees to the District of Co-
lumbia government are effected under war-service regulation IX rather than under civil-
service rule X (departmental circular No. 823, revised, March 30, 1942).
** For special provisions with respect to separation of employees entitled to veteran
preference, see sections 12 and 14 of the Veterans Preference Act of 1944 (page 10.04)
and section 2 of war-service regulation VII (page 30.01).*
(October 19, 1944)
396 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
AMENDMENTS TO REGULATIONS
17. These regulations may be amended by joint agreement between
the Commissioners of the District of Columbia and the Civil Service
Commission.
POSITIONS EXCEPTED BY STATUTE FROM THE JOINT REGULATIONS
GOVERNING EMPLOYMENT IN THE DISTRICT OF COLUMBIA
GOVERNMENT
NOTE.—The following list is not to be regarded as exhaustive.
Executive Office.- Personal services Board of Tax Appeals, District of Co-
for examination of estimates of appro- lumbia.-All positions (52 Stat. 370,
priations, *within the limits of an $11,- May 16, 1938, amending the act of Au-
400 appropriation* (Public Law 371, gust 17, 1937, 50 Stat. 673).
78th Cong., June 28, 1944).
*Department of Civilian Defense.—All
Auditor's Office.-One real-estate ex- positions (Public Law 371, 78th Cong.,
pert (Public Law 371, 78th Cong., June June 28, 1944).*
28, 1944).
Free Public Library, District of Co-
Minimum Wage and Industrial Safety lumbia.-All positions paid from the
Board, District of Columbia.—Subordi- unexpended balance of the appropri-
ation made available by the District
nate positions (40 Stat. 960, Sept. 19,
1918, as amended by the act of October (53 Stat. 1011, July 15, 1939), for the
of Columbia Appropriation Act, 1940
14, 1941, 55 Stat. 738).28
Board of Cosmetology, District of Co- for the new central library building, and
preparation of plans and specifications
lumbia.–Subordinate positions (52
continued available until June 30, 1945,
Stat. 612, June 7, 1938).
by the District of Columbia Appropria-
Board of Barber Examiners, District tion Acts, 1941 (54 Stat. 313, June 12,
of Columbia.—Members of the Board 1940), 1942 (55 Stat. 506, July 1, 1941),
and three inspectors (52 Stat. 620, June 1943 (56 Stat. 430, June 27, 1942), 1944
7, 1938).20
(Public Law 107, 78th Cong., July 1,
1943), and 1945 (Public Law 371, 78th
28 This act was held unconstitutional by
the Supreme Court of the United States in Cong., June 28, 1944).
the case of Adkin: v. Children's Hospital Gallinger Municipal Hospital.-
(261 U. S. 525). This case was overruled by *Fivet full-time chief medical officers
the Supreme Court in the cuse of West Coast at $6,003 per annum each and two asso-
Hotel Co. V. Parrish (300 U. S. 379).
view of the latter decision, the District of ciate medical officers at $4600* per
Columbia minimum wage law is now a valid annum each (Public Law 371, 78th Cong.,
act of Congress and may be administered June 28, 1941).
in accordance with its terms (opinion, At-
*Health Department (excluding hos-
torney General, Mar. 24, 1937).
20 Under the terms of the act these in- pitals).—Two physicians at $4,600 per
spectors must be qualified barbers, must annum each (Public Law 371, 78th Cong.,
have been engaged in the practice of barber- June 28, 1944).*
ing in the District of Columbia for a period
* *
* *
of 5 years immediately prior to their ap-
Real Estate Commission of the District
pointment, and must be appointed after
competitive examination held by the Board of Columbia.-A secretary and assist-
oficer of the District of Columbia.
ants (50 Stat. 787, August 25, 1937).
In
(October 19, 1944)
DISTRICT OF COLUMBIA GOVERNMENT
397
Recreation Board, District of Colum- | **of plans and specifications for struc-
bia.—Persons already employed by the tures and facilities for increasing the
United States, the District of Colum-water supply for the District of Colum-
bia, and the Board of Education of the bia and environs (Public Law 371, 78th
District of Columbia, employed upon a Cong., June 28, 1944).
part-time basis, upon approval by the Improvement of streets, avenues, and
present employer; referees, umpires, roads, District of Columbia.-Engineer-
swimming-pool guards and attendants, ing and other professional services em-
gymnasium and playground supervisors, ployed by contract or otherwise (1) in
and other similar special employees connection with the highway-planning
employed for a 90-day period as full. survey provided for by section 10 of
or part-time employees (56 Stat. 262, the Federal Aid Highway Act of 1938
263, April 29, 1942).
(52 Stat. 633, June 8, 1938), *and in
Washington Aqueduct, District of Co-connection with the construction of
lumbia.-Engineering and other pro- Federal-aid highway projects under
fessional services, employed by con- section 1 (b) of that act (Public Law
tract or otherwise, for the preparation | 371, 78th Cong., June 28, 1944).*
(October 19, 1944)
PROVISIONS GOVERNING PERSONNEL ADMINISTRA-
TION WITHIN DEPARTMENTS AND AGENCIES
[Note.—The scope of this chapter is restricted to provisions which govern the
organization of departmental personnel work or which are primarily concerned
with relations between employer and employee while he remains on the same
job. The provisions which govern the shifting of employees from one job to
another are set forth in other chapters.
General authority to regulate and direct personnel administration within the
executive civil service is vested in the President by section 1753 of the Revised
Statutes, which appears on page 4.
Certain authority with respect to personnel administration within the executive
departments and agencies has been delegated by the President to the Commis-
sion. (See the sections of Executive Order No. 7916 which appear on page 11,
as well as those which are printed below.) The Commission usually proinulgates
policies and regulations in the field covered by this chapter only after consulta-
tion with the members of the Council of Personnel Administration.
The head of an agency bas primary responsibility for personnel administration
within the agency, including working conditions, hours, assignment, rating sys-
tems, appeals, hearing of grievances, and the like. Section 161 of the Revised
Statutes (see page 407) vests in him the power to prescribe regulations as to the
government of his department, the conduct of its officers and employees, and the
distribution and performance of its business. In the larger departments and
agencies, directors of personnel have been appointed, under the authority set
forth below, to assist the head of the agency in carrying out his functions with
respect to personnel.]
APPOINTMENT AND DUTIES OF DIRECTORS OF
PERSONNEL
Effective not later than February 1, 1939, the heads of the
Executive departments and the heads of such independent estab-
lishments and agencies subject to the civil service laws and rules as
the President shall designate, shall establish in their respective
1 By Executive Order No. 7975-A, of Sept. 16, 1938, the following agencies were desig-
nated as organizations which are required to comply with the provisions of section 6, above :
Civil Aeronautics Authority (now a part of the Department of Commerce); Civil Service
Commission : Farm Credit Administration (now a part of the Department of Agriculture) ;
General Accounting Ofice; Government Printing Office ; Interstate Commerce Commission ;
The Panama Canal; Railroad Retirement Board ; Securities and Exchange Commission;
Social Security Board (now a part of the Federal Security Agency); United States Housing
Authority (now a part of the National Housing Agency) ; United States Maritime Com-
mission ; Veterans' Administration.
Section 404 of Reorganization Plan No. II (3 CFR, Cum. Supp., chapter IV) provides as
follows:
“Except as prohibited by section 3 (b) of the Reorganization Act of 1939, all functions
relating to the appointment, fixing of compensation, transfer, promotion, demotion, suspen-
sion, or dismissal of persons to or from oiices and positions in any department vested
by law in any officer of such department other than the head thereof are hereby trans-
ferred to the head of such department and shall be administered under his direction and
supervision by such division, bureau, oiice, or persons as he shall determine."
398
HOURS OF LABOR
464.01
**
SEC. 2.
And provided further, That the provisions of
this act shall not operate to furlough or dismiss any regular sub-
stitute.
Sec. 3. The act shall take effect October 1, 1935 (act of August
14, 1935, 49 Stat. 650, as amended by the acts of May 7, 1936, 49 Stat.
1266; August 16, 1937, 50 Stat. 651; May 12, 1939, 53 Stat. 741;
August 9, 1939, 53 Stat. 1273; March 27, 1942, 56 Stat. 188; and June
12, 1944, Public Law 334, 78th Cong.; 39 U. S. C. 1940 ed. 832).
TRAVES AND OCCUPATIONS
The weekly compensation, minus any general percentage reduction
which may be prescribed by act of Congress, for the several trades
and occupations, which is set by wage boards or other wage-fixing
authorities, shall be reestablished and maintained at rates not lower
than necessary to restore the full weekly earnings of such employees
in accordance with the full-time weekly earnings under the respective
wage schedules in effect on June 1, 1932: Provided, That the regular
hours of labor shall not be more than 40 per week; and all overtime
shall be compensated for at the rate of not less than time and one-half
(section 23 of the act of March 28, 1934, 48 Stat. 509; 5 U. S. C.
1940 ed. 673c).11
11 Applicable to employees of the District of Columbia as well as to employees of the
Federal Government (16 Comp. Gen. 663, January 18, 1937).
The basic rate of comperisation on which the overtime compensation prescribed by the
forty-hour week statute of March 28, 1934, is required to be computed is the rate received
during an employee's regular hours of labor of not more than forty hours per week, regar-
less of the time during the twenty-four hours of the day or the seven days of the week
such regular hours of labor may be performed.
The forty-hour week statute of March 28, 1934, vests no discretion to exclude a night
differential or bonus fixed by a wage board or other wage-fixing authority for a regular tour
of duty at night from the basic rate of compensation upon which the overtime compensa:
tion under the statute is to be computed for work in excess of the regular forty-hour
weekly tour of duty.
An employee coming within the purview of the forty-hour week statute of March 28,
1934, who is granted an authorized leave of absence with pay from a regular tour of duty
at night is entitled to receive during the absence the regular rate of compensation (includ-
ing a night diferential) for night duty received by him when he goes on leave, whether
for a short or long period ; but an employee rotating on day and night shifts who is granted
leave while not on the night shift and not receiving the night differential is not entitled to
the night differential while on leave (decision, Comptroller General, July 20, 1944).
*An employee subject to the 40-hour week statute of March 28, 1934, who is in a travel
status away from headquarters is entitled to his regular compensation for travel time dur-
ing his usual hours of work on a regular workday of his 5-day weekly tour of duty, but not
for any travel time thereafter on such a day. He is entitled to overtime compensation for
any period of "labor"-as distinguished from travel-beyond his 40-hour weekly tour of
luty, whether such labor be performed on a nonworkday or during hours outside of his
daily tour of duty on a regular workday. If he is a per-hour employee who, under the
present work schedule, is required to work regularly six eight-hour days per week (Monday
through Saturday), instead of the five days (Monday through Friday) required under nor-
mai conditions, overtime rates of compensation being paid for Saturday, he is entitled to
compensation for not to exceed eight hours at overtime rates for a Saturday on wbich he
is required to perforin official travel, whether by common carrier or by privately owned
conveyance; however, for travel time on a Sunday, basic rates of compensation, exclusive
of overtime, for not to exceed eight hours are payable. *The maximum of eight hours for
(October 19, 1944)
464.02 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
Where the adjustment of regular hours of duty of em-
ployees subject to the provisions of the preceding paragraph re-
which overtime or regular compensation is payable as for travel time must be reduced by
the number of hours' actual work performed during the hours corresponding to the regular
tour of duty : in other words, the regular or overtime compensation as for travel time on
days outside the 5-day weekly tour of duty is payable only for travel performed during the
eight hours corresponding to those of the employee's regular tour of duty, and not for travel
performed after such hours (decisions, Comptroller General, August 3 and September 9,
1944).
An employee subject to the 40-hour week statute of March 28, 1934, may be administra-
tively excused from working on a holiday which has been declared by general administra-
tive order to be a workilay and which falls within his weekly tour of duty (Monday
through Friday), and the holiday may be counted as 8 hours towards his 40-hour basic
workweek (decision, Comptroller General, September 23, 1944). As to charges of leave for
absence on holidays or Saturdays, see pages 500 and 501, respectively ; as to compensation
for absence on Saturday, where the employee would be required to work on that day under
present war-emergency schedules, see page 480.*
t
(October 19, 1941)
HOURS OF LABOR
477
:
excess of 48 hours per week. On the the resulting daily rate oy 8 hours (22
other hand, if the employee's inability Comp. Gen. 1091, June 10, 1943). See
to utilize such compensatory time off also 23 Comp. Gen. 19, July 12, 1943.)
prior to the expiration of the 90-day With respect to computation and ad-
period prescribed by the said regula- justment of additional compensation for
tions is due to no fault or voluntary fee-hasis employees, see 23 Comp. Gen.
action of his own, but results from in- 19, July 12, 1943.
duction into the armed forces, termina-In any pay period in which an em-
tion of his service without his consent, ployee works sufficient overtime (either
involuntary transfer pursuant to War during the regular adininistrative work-
Manpower Commission directives, or week or in addition thereto) to entitle
the like, he is entitled to overtime him to overtime compensation, com-
compensation for such excess overtime puted in accordance with section 2 of
(23 Comp. Gen. 253, October 5, 1943). the War Overtime Pay Act of 1943, at
Payment of overtime on terminal an- a per annum rate not less than thett
nual leave.—Persons who are being rate specified by section 3 (b) of the
paid for accumulated annual leave act as the minimum rate of additional
pending termination are entitled to wartime compensation payable to em-
overtime compensation under the actployees entitled to its benefits, thett
of December 22, 1942, on such period guarantee is satisfied and the em-
of leave (22 Comp. Gen. 810, February ployee becomes entitled only to the
16, 1943).
overtime compensation. If sufficient
Computation of additional compensa. overtime is worked to satisfy a portion
tion in lieu of overtime.-In determin- of the guarantee, there must be a pro-
ing the additional compensation at the portionate reduction in the guarantee
rate of $300 per annum to which inter-(based on 24 Comp. Gen. 30, July 18,
mittent or irregular employees who are 1944).
paid on an hourly basis and whose
The 15 percent additional compensa-
earned basic compensation (based on tion to which part-time employees are
313 days on which they work and re-entitled under section 3 (c) of the War
ceive compensation during the year, and Overtime Pay Act of 1943 should be com-
8 hours per day) is at a rate of less than puted on the entire amount of the part-
$2,000 per annum are entitled under sec- time salary rate not in excess of $2,900
tion 3 (a) of the War Overtime Pay Act per annum, without regard to the extent
of 1943, the daily rate of additional to which the salary of a full-time em-
compensation should be computed by di-ployee of the same class would exceed
viding the $300 per annum rate by 313 $2,900 per annum (23 Comp. Gen. 11,
days, and the hourly rate by dividing July 9, 1943).
HOLIDAY PAY
Hereafter whenever regular employees of the Federal Govern-
ment whose compensation is fixed at a rate per day, per hour, or on
a piecework basis are relieved or prevented from working solely
because of the occurrence of a holiday such as New Year's Day,
Washington's Birthday, Memorial Day, Fourth of July, Labor Day,
Thanksgiving Day, Christmas Day, or any other day declared a
holiday by Federal statute 24 or Executive order, or any day on
which the departments and establishments of the Government are
closed by Executive order, they shall receive the same pay for such
days as for other days on which an ordinary day's work is performed
(52 Stat. 1246, June 29, 1938; 5 U. S. C. 1940 ed. 86a).
24 Armistice Day has also been made a legal holiday by the act of May 13, 1938 (52
Stat. 351 ; 5 U. S. C., 1940 ed., 87a). Executive Order No. 1076 of May 22, 1909, provides
that when certain national holidays fall on Sunday, the following Monday shall be a holiday
for Government employees.
(October 19, 1944)
HOURS, OF LABOR
478
NOTES ON THE HOLIDAY-PAY ACT
Per annum employees.—There is no does not apply to such employees even
statute making specific provision with though for convenience an administra-
respect to the payment of compensation tive office muy compute and pay the un-
of per annum employees for holidays. mual or monthly compensatiou on the
It has always been accepted that as basis of the day.
per annum employees are paid for every Employees who do not come within
day in the year, they are entitled to the Classification Act, or any other law
their regular compensation for a holi- requiring that their compensation be at
day occurring within their regular tour a rate per annum, or per month, and
of duty or workweek, regardless of whose compensation is administratively
whether they be required to work on ixed at a rate per day, or per bour, or
the holiday (21 Comp. Gen. 901, April per piece, and who are required to work
2, 1942; 22 Comp. Gen. 762, February all, or substantially all, the time, qualify
5, 1943).
as "regular employees" and otherwise
*Part-time employees.--Employees come within the provisions of the boll-
regularly employed part time and paid day-pay act (19 Comp. Gen. 337, Sep-
on a per annum basis are entitled to tember 9, 1939).
compensation for legal holidays on Whether a person is a "regular em
which they were prevented from work-ployee of the Federal Government”
ing because the office was closed (23 within the meaning of the holiday-pay
Comp. Gen. 584, February 11, 1944).* act depends upon all the facts with re-
Employees affected by holiday-pay spect to the purpose, nature, tenure,
act.—Generally the term "regular em- and/or duration of his employment.
ployees of the Federal Government The designation "when actually em-
whose compensation is fixed at a rateployed” is not the sole determining fac-
per day, per hour, or on a piece-work tor as to whether an employee so desig.
basis" appearing in the holiday-pay act hated is a "regular employee of the
of June 29, 1938 (52 Stat. 1246), in- Federal Government" within the menn-
cludes all employees of the Federal ing of the act, but generally one so ap-
Government whose compensation is re- pointed and paid does not have that
quired to be measured in the manner status because the term is ordinarily
specified not employed on an intermit. descriptive of a day-to-day worker who
tent basis, or from day to day, or for is not required to serve for continuous
definite periods of less than 6 months, and comparatively indefinite periods, or
who were entitled to boliday pay under to be at hand for service if not ex-
the statutes in force prior to said reso-cused in advance (19 Comp. Gen. 426
lution, including both permanent and October 9, 1939).
temporary employees.
An employee serving intermittently at
The act does not enlarge the classes her own volition under ap appointment
of employees entitled 'to holiday pag providing for payment at an hourly rate
without working, but merely changes when actually employed and for a max-
the basis for payment (18 Comp. Gen. imum of 90 hours work in any one
481, November 26, 1938).
month, who was neither required to
As employees whose compensation is work every day nor to work a regular
"required by statute” to be based on number of hours every day she worked,
the year or month, if otherwise in al is not a "regular" employee of the Gov.
pay status and unless they be employed ernment within the meaning of the
on a "when actually employed" basis, holiday-pay act, and is not entitled to
are entitled to the regular pay for boli compensation for holidays when
days whether or not work is performed work was performed (19 Comp. Gen.
on such holidays, the holiday-pay act | 746, February 21, 1940).
no
(July 19, 1944)
479 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
Per-diem employees engaged in 24 of the occurrence of" the holiday. If
hour service who work in shifts on 5 they are relieved or prevented from
days of 8 hours each out of 7 consecu. working on the holiday for any reason
tive days are regular employees of the other than the occurrence of the holi-
Federal Government within the mean-day, such as when the holiday occurs
ing of the holiday-pay act (18 Comp. on a non-work day, or within a period
Gen. 673, February 23, 1939).
of furlough or leave of absence no pay
Per diem employees, including un- for the holiday as such is authorized.
skilled laborers, who are appointed or | If such employees are required to work
employed without limitation of time or on a holiday occurring within their regu-
other qualifying condition in their ten- lar tour of duty, only 1 day's pay is
ure or periods of work are, from the authorized-payment of gratuity holi-
date of their appointment or employ-day pay in addition being no longer au-
ment, "regular employees of the Federal thorized. If the holiday occurs on a
Government whose compensation is fixed day outside the regular tour of duty
at a rate per day" within the meaning of and work is required on the holiday,
the holiday law of June 29, 1938, and, the employee is not entitled to 2 days'
as such, are entitled to compensation for
pay, one for working and one for the
any holiday thereafter, including any holiday, but may be entitled to over-
occurring during the first 30 days of time pay for the day at a rate not less
their employment, on which they are
than one and one-half times his regu-
prevented from working solely by the lar pay (18 Comp. Gen. 186, August
occurrence of the holiday (21 Comp.
19, 1938).
Gen. 764, February 11, 1942).
*Per diem and per hour employees
Temporary employees. — Temporary within the purview of the holiday stat-
employees within the meaning of the ute of June 29, 1938, and the 40-hour
leave regulations paid on an annual or week statute of March 28, 1934 (see
monthly basis and “regular employees” page 464), who normally work only 40
within the meaning of the holiday pay hours per week (Monday through Fri-
statute of June 29, 1938, classed as day), but who, in view of the present
temporary under the civil-service rules wartime conditions, are administra-
but not as temporary under the leave tively required to work a regular work-
regulations are entitled to pay on holi- week of six days, 48 hours, may be paid
days declared by law, Executive order, regular straight-time compensation for
or administrative order on which they a holiday on which they are "prevented
are not administratively required to froin working solely because of the oc-
work. Temporary employees
employees whose
currence of a holiday,” even though that
compensation is fixed at a rate per day, day falls on a Saturday—a nonwork day
per hour, or on a piece-work basis hut under the normal operation of the 1934
who may not be classed as "regular em- statute for which honday compensation
ployees" within the meaning of the ordinarily would not be payable-pro-
holiday pay statute are not entitled to vided they are in a duty or pay status
pay for such holidays (21 Comp. Gen. on the workday immediately preceding
101, August 5, 1941).
and the workday immediately following
Circumstances under which holiday the holiday (23 Comp. Gen. 415, Decem-
pay is authorized.-Regular per diem, ber 8, 1943).
per hour, and piece-work employees are Holidays on which employees are re-
entitled to their regular pay for holi- quired to work by administrative or-
days on which no work is performed der.-In the absence of specific legisla-
only if and when they "are relieved or tion to the contrary, an administrative
prevented from working solely because office may, within its discretion, include
(July 19, 1944)
HOURS OF LABOR
480
a holiday within the official hours of | if the employee is excused from working
duty or regular workweek of employees by administrative action, there is no au-
and require them to work on that day thority to charge the absence to the
(25 Op. Atty. Gen. 40, August 15, 1903;
21 Comp. Gen. 901, April 2, 1942; 22 granted in lieu of paying additional
Comp. Gen. 762, February 5, 1943). overtime compensation under section 2
Where such action is taken, the em- of the War Overtime Pay Act of 1943
ployee is not entitled to pay for two (see page 486), or to require additional
days work-one for the service per- overtime work to make up the time not
formed and the other for the holiday, I worked on the holiday (21 Comp. Gen.
and is entitled only to the same pro rata 901, April 2, 1942; 23 Comp. Gen. 677,
gross compensation, including basic and
March 16, 1944).
overtime, as for other days. Work on
*While the rules set forth in the
a holiday is not ipso facto employment
in excess of the regular workweek preceding paragraph are applicable to
within the meaning of the War Over-employees subject to the 40-hour week
time Pay Act of 1943 and the regula- statute of March 28, 1934, such em-
tions thereunder (18 Comp. Gen. 10, ployees who are excused from working
July 6, 1938; 18 Comp. Gen. 186, August (because of illness or otherwise) on a
19, 1938; 18 Comp. Gen. 191, August 23, Saturday on which they would other-
1938; 18 Comp. Gen. 259, September 27, wise be required to work under present
1938; and 22 Comp. Gen. 762, February war-emergency schedules, although it
5, 1943).
is not within their regular 40-hour
It is within administrative discretion weekly tour of duty (Monday through
to excuse an individual employee from Friday), may not be granted or charged
working either with or without pay~ sick leave or otherwise paid compensa-
regardless of the basis of compensation tion for that day, whether or not the
or whether the employee is subjeet to Saturday be a legal holiday (decision,
the holiday pay statute of June 29, Comptroller General, September 23,
1938-on such a holiday. If an em- 1944).*
ployee is thus excused by administrative The deduction of one day's pay should
action taken either before or after the not be made in the case of employees, in-
holiday, no deduction of compensation cluding per diem, per hour, and piece-
for the holiday is required under section work employees subject to the holiday.
4.5 of the Annual and Sick Leave Reg- pay statute of June 29, 1938, who:
ulations (see page 488). On the other (a) Were in an annual or sick leave
hand, if an employee is absent without status for a period including a holiday
authority on a holiday and is not ex- and did not receive notice of the ad-
cused by administrative action, that sec- ministrative order that such holiday
tion of the Regulations specifically re- should be a work day; or
quires the deduction of one day's pay on (0) Were ill on such holiday and re-
account of the unauthorized absence. ported such fact as soon as possible,
However, there is no authority to grant provided that it is administratively de-
and charge annual or sick leave for ab- termined that they were actually not
sence on a national holiday established able to work on that day (21 Comp.
by Federal statute (see page 500); and Gen. 901, April 2; 1942).
(October 19, 1944)
480.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
Statutes providing gratuity pay for, compensation is fixed at a rate per day,
holidays repealed. The act of June 29, per hour, or on a piece-work basis, are
1938, 52 Stat. 1246, repeals the act of entitled to pay for a holiday occurring
January 6, 1885, 23 Stat. 516; the act within a period of military, or jury,
of January 12, 1895, 28 Stat. 607 ; and leave under the National Guard, Off-
the act of August 23, 1935, 49 Stat. 724; cers' Reserve Corps, and Naval Reserve
and supersedes the Executive orders re- military leave acts of June 3, 1916, 39
lating to the granting of gratuity pay Stat. 203 ; May 12, 1917, 40 Stat. 72; and
for holidays to per diem employees of June 25, 1938, 52 Stat. 1177, and the
the Panama Canal. (See 18 Comp. Gen. Jury leave act of August 22, 1935, 49
'10, July 6, 1938; 18 Comp. Gen. 191, Stat. 682, if they would have been en-
August 23, 1938; 18 Comp. Gen. 259, titled to pay for the holiday under the
September 27, 1938; and 18 Comp. Gen. new holiday statute of June 29, 1938, 52
16, July 6, 1938.) Gratuity pay for Stat. 1246, had they remained in a duty
holidays is no longer a vested right of status and been prevented or relieved
per diem employees who now are en- from working on the holiday, but tem-
titled to pay for holidays only under porary employees are not entitled to
and subject to the conditions of the military leave of absence with pay (18
act of June 29, 1938 (18 Comp. Gen. 10. Comp. Gen. 403, October 31, 1938).
July 6, 1938).
Charging of holidays against annual
Military and jury leave under holi- leave.--See act of March 2, 1940, page
day statute.-Regular employees whose 483, and notes on pages 500 and 501.
(October 19, 1944)
LEAVE OF ABSENCE
501
and such days would be "nonwork days | absence, but compensation may not be
established by administrative order” withheld for such days because the em-
and not chargeable as annual leave to ployees have no accrued leave to their
the employees in the offices involved, credit (15 Comp. Gen. 1048, June 3,
notwithstanding there is no administra- 1936).
tive discretion to excuse field employees Saturdays.--Because of the provisions
from duty without charging annual of section 7 of the act of March 15,
leave solely on the ground that the days 1898 (30 Stat. 316; 5 U. S. C. 1940 ed.
of absence are holidays local to the 29), a 5-day week cannot be established
place of employment (17 Comp. Gen. for employees in the departmental serv-
298, October 4, 1937).
ice, and in view of the suspension of
Nonwork days within regular tour of the Saturday half-holiday law by the
duty.-Under the act of March 2, 1940 War Overtime Pay Act of 1943 (Public
(see page 483), a Sunday, to be excluded Law 49, 78th Cong., May 7, 1943), such
from days of leave, must occur outside employees must be charged a full day's
the regular tour of duty of employees, leave for absence all day on Saturday
but a nonwork day established by Fed (based on 22 Comp. Gen. 619, January
eral statute or by Executive or admin- 7, 1943).
istrative order may be excluded from *In the case of employees subject to
leave whether it occurs within or with the 40-hour week statute of March 28,
out the regular tour of duty of employees 1934 (see page 464.01), whose weekly
(19 Comp. Gen. 955, May 25, 1940). tour of duty is Monday through Friday,
Days on which establishments are Saturdays are "nonwork days estab-
closed for
for administrative reasons.- lished by Federal statute" which are
Under section 1 of the Annual Leave excluded as days of annual or sick leave
Act of March 14, 1936, 49 Stat. 1161, by the act of March 2, 1940, and section
it is within the authority of a depart- | 4.5 of the Leave Regulations, even
ment head to require any or all em- though, under present war-emergency
ployees of a particular unit, or of the schedules, work on Saturdays is regu-
department, to take annual leave at larly required (decision, Comptroller
any time and for any period within the General, September 23, 1944).*
limitations of the statute as the needs
It is within administrative discretion
of the service may require.
to establish Saturday as a nonwork day
Days which are a part of an em- for any particular service or class of
ployee's regular tour of duty and which employments in the field service, if there
occur during a period when field estab- is no interference with the Govern-
lishments are closed for administrativement's interest. This may be done for
reasons are not "nonwork” days for religious reasons, or as a means of
wliich no charge shall be made against establishing a five-day week, or for
leave, unless the head of the depart- other reasons. Where Saturday is thus
ment fails to exercise his statutory au- excluded from the regular tour of duty
thority to require the employees to take for per annum employees, it should be
leave for such days. However, com- excluded in the charging of leave, and
pensation may not be withheld for such such employees should be charged with
days even though the employees have only 5 days of annual leave for a week's
no accrued leave to their credit (15 | absence (17 Comp. Gen. 564, January
Comp. Gen. 911, April 15, 1936 ; 19 Comp. 11, 1938; 20 Comp. Gen. 827, May 28,
Gen. 955, May 25, 1940).
1941; 21 Comp. Gen. 621, December 31,
Per annum employees released from 1941: 22 Comp. Gen. 619, January 7,
work, due to an act of God, on days 1943).
on which the establishment is not The determination whether an office
closed, may be charged with annual is in the departmental or field service
leave, in the discretion of the adminis- depends upon whether the work per-
trative office, for the period of such | formed is of a local or of a general
(October 19, 1944)
502 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
war-
even
supervisory and administrative nature, Sick leave may be advanced to such em-
and not upon the place or city in which ployees to the same extent and upon
the office involved is located. A force the same basis as to permanent em-
engaged exclusively in departmental ployees, except that during a
work, that is, in general supervision service appointee's trial period, which
and administrative direction and con- may be regarded as tantamount to a
trol of the various field forces, even "limited appointment' within the mean-
though with headquarters outside of the ing of section 3.9 of the Annual and Sick
District of Columbia, is nevertheless as Leave Regulations, the sick leave ad-
much a departmental force as the de- vanced may not exceed the amount that
partmental force in the District of would accumulate during such period
Columbia (17 Comp. Gen. 564, January (based on 21 Comp. Gen. 989, May 5,
11, 1938). For further clarification of 1942).
the term “departmental service”, see 21 Probationary employees.--A proba-
Comp. Gen. 541, December 8, 1941, and tionary employee is not entitled to ad-
21 Comp. Gen. 649, January 8, 1942. vanced sick leave in excess of the
Granting of annual leave to compete amount that would accumulate from
in civil-service examinations.-See sec- the date of the advance to the end of
tion 1 of civil-service rule VI.
the probationary period (16 Comp. Gen.
Granting of leave pending separation, 105, August 1, 1936; 21 Comp. Gen.
furlough, or leave without pay.-See 766, February 12, 1942).
notes on "Terminal leave”, page 512.
Indefinite employees.-Annual leave
Substitution of leave with pay for may not be granted in advance of its
leave without pay-See notes on page accrual to indefinite per diem "when
504.
actually employed” employees
though they have completed one or
ADVANCES OF ANNUAL AND SICK LEAVE
more months of continuous service with
*Reasons for which sick leave may or without break in service. Sick leave
be advanced.-Sick leave may not be may be advanced to indefinite employees
advanced for all of the reasons for within the limitations and subject to
which accrued sick leave may be the terms and conditions of the Leave
granted under section 3.3 of the An- Regulations (18 Cump. Gen. 400, October
nual and Sick Leave Regulations, but 31, 1938).
may be advanced only when the em- Advances of leave to employees who
ployee has a serious disability or ail- have no retirement funds.-Subject to
ment. The disability or ailment must applicable provisions of the Annual and
be that of the employee himself; the Sick Leave Acts and Regulations, the
act and regulations do not authorize head of a department may grant un-
the advancing of sick leave for his ab accrued annual and sick leave to an
sence while caring for a member of his employee even though there are no re-
immediate family afflicted with a con-
tirement fund deposits or other funds
tagious disease (23 Comp. Gen. 789, in the hands of the United States out
of which any orerpayment might be
April 15, 1944).*
recouped (17 Comp. Gen. 276, Septem-
War-service appointees. Employees
ber 23, 1937).
serving under indefinite appointments
*Granting of advance annual leave to
within the meaning of the Civil Service
employee who is to be retired.-Where
Commission's War Service Regulations
it is known at the time of granting
are properly for regarding as “perma-annual leave that an employee is to
nent employees” for the purposes, and retire before the close of the calendar
within the meaning, of the Annual year, he may not be credited or granted
Leave Regulations, and may be ad- leave in advance of the amount author-
vanced annual leave subject to the ized to be earned up to the date it is
terms and conditions of the regulations known that he is to retire. This is
(22 Comp. Gen. 841, February 26, 1943). I true notwithstanding section 2.1 (a)
(July 5, 1944)
LEAVE OF ABSENCE
516
private employment does not constitute
an
even though such employer is engaged | leave upon separation from service (de-
on work under a contract with the Gov- cision, Comptroller General, September
ernment, provided the salary in the 16, 1944).
An employee on leave, terminal or
a contribution toward Federal salary otherwise, who is required to testify “on
in contravention of the act of March 3, behalf of the United States in any case
1917 (see page 439). The dual-compen- involving the activity in connection with
sation statutes do not apply to such which such person is employed" within
cases. Where, due to an administrative the meaning of section 850 of the Re-
error resulting from a misunderstand- | vised Statutes, as amended (see page
ing of the requirements of the dual- 524), is restored to an active duty status
compensation statutes, employee when a travel order is issued to him pur-
with annual leave to his credit applied suant to which he is authorized to be
for and was granted leave without pay paid traveling expenses. Service as a
during a period of employment with a witness in such a capacity is to be re-
Government contractor, the annual garded as active duty rather than as
leave may be substituted, retroactively "court leave” within the meaning of sec-
effective, for a corresponding period of tion 4.2 (6) of the Leave Regulations.
the leave without pay. Where he re-
The performance of such active duty
signed to accept such employment, he does not have the effect of reducing the
may be paid for accrued annual leave amount of terminal annual leave other-
for a period beyond the acceptance of wise due the employee; the termination
such employment (16 Comp. Gen. 776, date of his services must be extended to
February 19, 1937; 20 Comp. Gen. 488, a date so as to include both the terminal
February 27, 1941; 22 Comp. Gen. 178, annual leave and the period of active
September 3, 1942; 23 Comp. Gen. 305, duty performed as a witness on behalf
October 23, 1943).
of the United States (decision, Comp-
Additional accumulated leave made troller General, September 18, 1944).*
available retroactively by statute.-In
Computation of amount of terminal
the case of employees now in the serv- leave.--The provision of the act of June
ice, the effective date of a proposed 30, 1906 (34 Stat. 763), which requires
termination or the beginning of leave the forfeiture of one day's pay for unau-
of absence without pay should be thorized absence on the 31st day of the
changed in order to grant the employees month, is not applicable to employees
the additional accumulated annual
who are separated from the service on
leave to which they are entitled by the the 30th day of a 31-day month (5
act of March 14, 1936, 49 Stat. 1161, as
Comp. Gen. 904, May 11, 1926).
amended by the act of December 17,
Where an employee paid on an annual
1942, 56 Stat. 1052 (22 Comp. Gen. 810,
basis for every day of the year, in-
February 16, 1943).
*Effect of performance of active duty cluding Sundays and holidays, is grant-
during terminal-leave period.—The ad- ed accumulated annual leave ending at
ministrative action of permitting an em-
the close of business on a Saturday,
ployee to continue work during a period or the day preceding a holiday, and
which had been designated as terminal furlough without pay for the purpose
annual leave had the effect of canceling of entering the Women's Army Corps
the grant of leave, so that the employee is administratively approved in ad-
may be restored to the roll for the pur- vance to begin on the next following
pose of granting such leave in accord-duty day, the employee is entitled to
ance with the mandatory requirements compensation for the Sunday or holl-
of section 2.4 of the Leave Regulations day intervening between the expira-
with respect to the granting of unused / tion of annual leave and the beginning
(October 19, 1944)
516.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
of the period of furlough without pay | tions issued thereunder, will be regard-
(22 Comp. Gen. 581, January 1, 1943). ed as "unaccrued leave advanced” and
The compensation payable for ter-charged to future accruals of leave
minal annual leave of a per annum em earned while employed in another Fed-
ployee who works part of each calen. eral agency (16 Comp. Gen. 611, Decem-
dar day, but who is assigned to a shift | ber 22, 1936).
consisting of 24 hours of continuous Substitution of leave with pay for
duty with a 24-hour rest period between periods of nonpay status.--See notes,
each of such continuous-duty periods, page 504.
may be computed on the basis of con- Payment of overtime on terminal an-
sidering the employee entitled to 2 nual leave.-Persons who are being paid
days' compensation for each 24-hour for accumulated annual leave pending
tour of duty and to 1/24 of 2/360 of his termination are entitled to overtime
annual salary for each hour of leave compensation under the War Overtime
for which he is to be paid (decision, Pay Act of 1943 on such period of leave
Comptroller General, August 5, 1944). if they would have been entitled to such
Special termination leave.-Special overtime had they remained in the serv-
termination leave granted to employees ice (22 Comp. Gen. 810, February 16,
in excess of unused accumulated and 1943).
accrued leave to which employees are Granting of leave other than annual
entitled under the annual leave act of leave.—Under section 2.4 of the Annual
March 14, 1936, or Presidential regula-1 and Sick Leave Regulations an em-
(October 19, 1944)
JK 서
​for
6 3 3
CIVIL SERVICE ACT AND RULES
TRANSMITTAL SHEET NO. 18
-A 22
October 26, 1944
These sheets should be cut or torn apart along the perforations.
They should then be substituted as shown on the back of this page
pages
of the loose-leaf edition of the "Civil Service Act and Rules."
The steps in making the insertions are explained on page XX of the
introductory chapter, "How to Use This Book." The date of this trans-
mittal sheet and the date of filing should then be noted on the "Filing
Record" at the front of the book, and this page should be filed im-
mediately behind Transmittal Sheet No. 17.
When this filing is completed, pages 1 to 64, 69 to 118, 123 to 180.01,
185 to 220, 291 to 365, 377 to 400, and 447 to 525 will be up to date as
of October 26, 1944.
Remarks
Additions have been made on pages 49, 82, 82.01, 83, 83.01, 84,
155.01, 155.02, 180, and 180.01.
Deletions have been made as indicated on pages 81 and 82.
Changes have been made on pages 47, 82, 82.01, 111, 169, 170,
171, 172, 173, 174, 491, and 500.
The first deletion on page 81 is due to a change in war-service regu-
lation X (see page 39 of the Act and Rules). The second deletion on
page 81 is part of a clarification; see in this connection the last sen-
tence of the first paragraph on page 82. The deletion on page 82
is the result of the discontinuance of priority classifications by Execu-
tive Order 9451 (see page 12). The material which formerly appeared
on page 156 has been transferred to page 155.02 in order to avoid
having two consecutive short pages; this does not affect the index.
While some of the material in pages 169 to 174 has previously ap-
peared in the Act and Rules, the changes necessitated by the pro-
vision in the Independent Offices Appropriation Act, 1945, quoted
on page 169, have been so extensive that it was thought best to treat
the whole section as a single change. The numbers of the former
pages 175 to 179 are being reserved for a new chapter on appeals.
It is believed that the nature of all other changes will be obvious
upon comparison of the old with the new pages.
Inasmuch as the new leave system described in departmental cir-
cular No. 504 of October 20, 1944, will not take effect until January
1, 1945, it was thought best not to make any changes in the Act and
Rules at this time in connection with that circular. A reference to
the departmental circular will, however, be included at an appropriate
point on page 495 the next time that page is revised.
6.5853 0-44
TRANSMITTAL SHEET NO. 18 (OCTOBER 26, 1944)
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NOTE.—Pages of the October 31, 1943, edition bear no cdition
date in the lower outside corner.
NOTES ON RECRUITMENT
47
:
NOTES ON RECRUITMENT
[See section 1 of war-service regulation IV].
•
meer
Purposes of coordination of recruit- tablishments, such as field offices of the
ing activities.-All efforts of the Fed-executive branch of the Government,
eral Government to recruit personnel the Bureau of the Budget ceilings, as
must be coordinated to assure :
apportioned by a Federal agency to its
(1) That efforts of the Civil Service offices, shall apply. (As to recruitment
Commission and of the departments and for the departmental service, see page
agencies to develop sources of supply 82.01.)
of qualified personnel «!o not represent (2) For industrial Federal establish-
overlapping or duplication of effort; ments engaged in production for the
(2) That, consistent with the policies Army or Nary, or for Federal establish-
of the War Manpower Commission, no ment or installation which the man-
potential sources of personnel for posi- power priorities committee determines
tions which must be filled in the Fed to be a substantial claimant for man-
eral Government are left untapped ; power in the area, such as ports of em-
(3) That individuals who file appli- barkation, quartermaster depots, naval
cations for employment with the Fed- supply depots, the area director may
eral Government are assured fair and set employment ceilings lower than
impartial consideration whenever posi- those which inay have been set by the
tions for which they are qualified are Federal agency as a result of Bureau of
filled anywhere in the service;
the Budget ceilings. Such action will
(4) That the selection of individuals be taken wherever it is found necessary
for appointment in the Federal service in order to meet the needs of more 112-
is based solely upon merit and fitness gent activity. When employment ceil-
for the position in question and withings are set for such Federal establish-
out regard to personal, political, reli- ments by the War Manpower Commis-
gious, racial, business, fraternal, social, sion, they will be set in the same man-
or other affiliations (memorandum of ner and under the same standards as
Coinmission to heads of executive de- ceilings for other employers. The es-
partments and independent establish- tablishment will be represented on the
ments, February 8, 1943).
manpower priorities committee by the
Employment ceilings. An employ- Army, Navy, or other appropriate mem-
ment ceiling is defined by the War Man-ber of the Committee in the same man-
power Commission as “the maximum | ner as other employers. Howerer, be-
number of employees or specified types fore making a recommendation to the
of employees which an establishment Committee, the representative of the es-
may have in its employ during a speci- tablishment should consult with the
fied period."* The authority for the Civil Service Commission. When an
establishment of such ceilings is set employment ceiling for a Federal estab-
forth on page 362.01. The ceilings are lishment is under consideration, a rep-
fixed by War Manpower Commission. resentative of the United States Civil
area manpower priorities committees Service Commission may be invited to
and area directors,
meet with the area manpower priorities
*Under Wai Manpower Commission comunittee if the Civil Service Commis-
instructions and agreements with the sion does not have regular membership
Civil Service Commission, the following on the committee (actions of Commis-
general principles apply in those areas sion, June 17, 1944, September 11, 1941,
in which ceilings are set by the War and September 29, 1944).*
Manpower Commission, in regard to Assistance of departments in working
loral employment in Fecleral agencies: out recruiting plans. The Commission
(1) For non-industrial Federal es- I recognizes that at times it neeils the.
(October 26, 1941)
47.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
advice and assistance of the depart- proval, only in accordance with the
ments and agencies in developing applicable rules and regulations of the
sources of supply of qualified person. Office of War Information. The Com-
nel. The Commission will, therefore, mission will in turn not give approval
from time to time, call upon the depart- to any such programs and will not itself
ments and agencies for assistance in publicize the personnel needs of the
developing these sources of supply. Federal Government unless such pub-
When the agencies believe that they licity is in accord with the policies and
can be of material assistance to the procedures of the War Manpower Com-
Commission in developing sources of mission. The Office of War Informa-
zupply, they should present their plans tion will cooperate with the Commission
in writing to the appropriate repre-
in the enforcement of this policy
sentative of the Commission. This pres- (memorandum of Commission to heads
entation should include statements as of executive departments and independ-
to the occupations involved, the methods ent establishments, February 8, 1943).
by which sources of supply are to be *Use of private employment agencies
developed, and the geographical areas in recruitment.--It is the Commission's
in which the contemplated sources of view that Federal appointing officers
supply are located. The Commission should not resort to the use of private
will then indicate its approval or dis- employment offices and that there is a
approval of the plan. It will not ap- violation of democratic principles in-
prove any plan which represents a du- herent in any procedure under which
plication or overlapping of effort or
an applicant is required to pay a fee,
which violates policies of tbe War Man- either directly or indirectly, for secur-
power Commission.
ing Government employment (depart-
If activities looking toward the de- mental circular No. 481, May 16, 1944).
velopment of sources of supply are car. This view will be taken into considera-
ried on without the prior approval of. tion in giving approval to agency l'e-
the Commission, the agency conducting cruiting activities under. section 1 (d)
such activities will be regarded as vio- cruiting activities under. section 1 (d)
of War Service Regulation IV. In some
lating the Commission's war-service
cases, the charging of fees in connection
regulations.
Any current efforts to develop sources with appointment may come within the
of supply which to not conform to the penal provisions of the act of December
provisions set forth above must be 11, 1926 (see page 409).*
discontinued immerliately (memoran- Disposition of applications received
dun of Commission to heads of execu- by employing agencies. See section
tive departments and independent es- 1 (e) of war-service regulation IV and
tablishments, February 8, 1943). section 2 (a) (5) of war-service regula-
Publicizing personnel needs.—No de- tion IX.
partment or agency of the Ferleral Gov- Recruitment of employees who are
ernment shall give any publicity to its about to retire.-Agencies and depart-
personnel needs through the press, ments are requested to ask any em-
magazines, over the radio, or other-ployee who is about to retire and is
wise, without the express prior ap- eligible for retention under amend-
of the Commission or its author- | ments to the Civil Service Retirement
ized representatives, and after such ap-1 Act and the Canal Zone Retirement Act
(August 17, 1944)
DEPOSITED BY THE
UNITED STATES OF AMERICA
NOTES ON RECRUITMENT
49
SOBOTA
travels in the field making appointments Where joint recruiting programs for
on the spot.
departmental positions in Washington
Whenever it is determined that any are agreed upon, representatives of the
agency's needs cannot be '
met through agency will be given a preliminary
the Commission's facilities alone, that training course in recruiting methods
agency will be encouraged to enter into by the central office of the Commission,
a joint recruiting program with the if the agency so desires. This training
Commission. However, no joint recruit- will be supplemented in the Commis-
ing agreement will be entered into with sion's regional offices by such training
an agency for filling a position of the
in field procedures as may be necessary
type for which the Commission urges
direct recruiting (see note on "Direct (departmental circular No. 467, Febru-
recruiting", page 48) until the agency ary 3, 1944; departmental circular No.
has first placed a direct recruiting order 477, March 29, 1944; departmental cir-
with the Commission and furnished the cular No. 482, May 10, 1944; memoran-
information outlined in the note on page dum of Commission to heads of execu-
48, and the Commission has had a rea- tive departments and independent es-
sonable length of time to recruit on tablishments, February 8, 1943).
exactly the same basis as that on which Impersonation of Government offi-
the agency's representatives would be cer.- See notes on page 59.
authorized to recruit. *In requesting Recruitment for positions under
a joint recruiting program with the Schedule A or B.-In recruiting at any
Commission, the department should pre-point for appointment under Schedule
„sent the following information:
A or B within commuting distance of
(1) States the department would like that point, no clearance with the Civil
to canvass;
Service Commission, its regional offices
(2) Number, grade, and title of the or representatives is necessary.
positions;
Agencies may, of course, deal directly
(3) Approximate beginning and end with the Employment Service of the
ing date of program;
War Manpower Commission at such
(4) A statement that orders for the points for assistance they may need
vacancies will be placed with the Com- in recruiting.
mission's Direct Recruiting Service in Where agencies desire to recruit at
advance of the program, if the positions a point for placement in positions under
are of the type for which the Commis- Schedule A or B at places beyond the
sion urges direct recruiting (see page commuting area of that point, they
48).*
should arrange with the appropriate
Joint recruiting programs will be representative or regional office of the
carried on under the direction of the Civil Service Commission for such
appropriate regional director of the clearance as may be necessary with the
Commission, and the itineraries, sources War Manpower Commission. Where
to be tapped, and recruiting publicity the recruitment would involve more
must receive his prior approval. The than one War Manpower region, neces-
civil-service regions in which recruit-sary arrangements for inter-regional
ing may be undertaken will depend on clearance will be made with the cen-
the location of other recruiting activ-tral office of the Commission by the
ities and the territory open under War Commission's regional office serving the
Manpower Cominission policies and area of employment. (These require-
procedures.
ments as to clearance with the Civil
(October 26, 1944)
49.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
Service Commission do not apply to the War Manpower Commission directives.-
Alaskan Department of the War De-War-service regulation XII provides in
partment, which will secure recruiting part as follows:
clearances for its Schedule A employees, “Actions taken under or pursuant to
as well as for employees of private con- these War Service Regulations shall be
tractors in Alaska and the Aleutians, subject to the directives, orders, regula-
direct from the War Manpower Com- tions and employment stabilization pro-
mission.)
grams of the War Manpower Commis-
These provisions do not effect any
sion."
changes regarding examinations under
War Manpower Commission Directive
Schedule B, the determination of
No. X, which relates to transfer of
qualifications of individuals for ap-
pointment under Schedule A, or the Federal employees, appears on page 13.
securing of statements of arailability The other directives and regulations of
for persons appointed under either of the War Manpower Commission which
these Schedules (departmental circular have the greatest bearing upon personnel
No. 442, supplement 4, May 25, 1944; ac- actions in the Federal service appear
tion of Commission, August 18, 1944).* on pages 349 to 363. The application of
Requisitioning of personnel from the employment-stabilization programs to
Commission --See notes, page 70.
appointments in Federal agencies is dis-
*Restrictions on recruitment under cussed on page 82.*
?
(August 24, 1944)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT
81
:
*
are
(Commission's minute 1 of August 5, 274, December 10, 1891). (See also note
1937). See also 37 Op. Atty. Gen. 448, on "Appointment through erroneous
February 19, 1934, and the Opinion of certification," page 86.04)
the Court of Appeals of the District of Charging appointments to the appor-
Columbia in the case of Deming et al. v. tionment.-Apportionment figures will
U. S. ew rel. Ward, 37 F. (20) 818 be maintained only with respect to
("Ward case").
permanent classified appointments in
Age of reaching majority.-"* 'the apportioned departmental service.
For the purpose of administration of Classifications under the Ramspeck Act
the civil-service laws, both men and and related orders (other than classi-
women under the age of 21 will be re- fications and transfers under section
garded as on the same plane and not as 2 (b) of the Ramspeck 'Act, which will
having reached their majority" (Com- not be charged to the apportionment)
mission's minute 5 of August 4, 1930). will continue to be charged to the re-
Residence of married women. - AC-spective States on the basis of the pro-
cording to some State laws, married visions of section 3 of civil-service rule
women may vote in States other than VII in effect on January 1, 1942 (see
the States in which their husbands page 250), and the separation of em-
vote. Hence, a married woman may ployees who charged will be
establish a voting residence in a State credited. War-service appointments will
other than that established by her not be charged to the quotas of any
husband. However, the legal residence States, and no statistics regarding the
of a married woman will be determined apportionment of war-service appoint-
to be the same as the legal residence of ments will be maintained (Commis-
her husband where there has been no sion's minute 4 of August 14, 1941,
severance of the marital relationship. minute 2 of April 25, 1942, and minute
A married woman who has a voting resi- 7 of August 29, 1942).
dence in a State other than the legal The appointments of persons granted
residence of her husband may exercise veteran preference will not be charged,
an election in establishing residence in whether the appointment was made
applications for appointment to the ap- under the civil-service rules or under
portioned service. In no case may the the war-service regulations (Commis-
roting residence of a husband be sup- sion's minute 2 of March 18, 1942).
plied to his wife by operation of law
DETERMINATION WHETHER AY ELIGIBLE
(Commission's minute 1 of August 5,
Is AVAILABLE
1937).
Effect of inadvertent disregard of the Selection of persons employed, or re-
apportionment.-While it is the un- cently employed, in other Federal agen-
doubted duty of the executive branch cies.--* * Federal employees may
of the Government to give proper effect not be required to secure the consent of
to the apportionment requirement of the department or agency in which they
the Civil Service Act, it is a very differ- are employed in order to compete in
ent thing to say that an appointment civil-service examinations. However,
made in disregard of this rule of ap the papers of any such applicants
portionment through a mere inadvert- * * will be processed as applications
ence is to fail entirely and be treated for transfer. The names of such appli-
as a nullity. Congress did not intend cants and of applicants for transfer will
that where everything was done in good be brought to the attention of appointing
faith, an inadvertent disregard of the officials through submission of a list, or
rule of apportionment in making an ap through negotiations directly with the
pointment should annul that appoint- departments concerned, prior to nego-
ment. The statute is directory only in tiations with their present agencies. In
the above particular (20 Op. Atty: Gen. I like manner, the names of persons who
(October 26, 1944)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT
82
le-
have formerly served in Federal agen- * * of the position to which transfer
cies will be included on certificates in or reappointment is proposed;
advance of any negotiations with their (d) The file number appearing on the
former Federal employers. No effort certificate or list of eligibles.
will be made to negotiate until the ap- *On the report on the certificate (see
pointing official has tentatively made se- page 114), the appropriate symbol ("A"
lection of the individual, unless the to indicate selection under regulation
Commission or the regional director de-V, "TR". to indicate transfer requested,
termines in particular cases or groups | “R" to indicate reappointment
of cases that pre-clearance is preferable quested, or "Intra-trans" to indicate
in the circumstances. *Negotiations | "Intra-agency transfer”) should be
with the present or former employing placed opposite the name of the eligible
agency are not required in the case of (departmental circular No. 323, revised,
persons coming under the provisions of March 30, 1942; action of Commission,
section 2 of regulation X.*
September 1, 1943; departmental cir-
Eligibles who are already employed cular No. 404, January 20, 1943; Civil
by the Federal Government, or whose | Service Commission Form 4650).*
names were actually separated from See also statutes and notes on dual
the rolls of a Federal agency within the employment, pages 425 to 439.
preceding 30 days, must not be ap- Release from private employment.-
pointed without specific authority from No person may be employed in the Fed-
the Commission, *except that if the eral Government except in compliance
person listed is presently employed by with applicable employment-stabiliza-
the agency to which his name is certi- tion programs. (With respect to such
fied, his intra-agency transfer may be programs, see War Manpower Commis-
effected without further clearance.* sion Regulation 7, page 357, and War
The authority must be secured whether Manpower Commission Regulation 4,
the fact of such employment or former page 351.) *For purposes of employ-
employment is specifically indicated on ment-stabilization programs, the War
the certificate or is discovered, in the Manpwer Commissoin considers the the
absence of such indication, by the ap- Federal Government as a single es-
pointing officer. In the absence of such sential employer. *
authority, the appointing officer should In-nigrant provisions.—If a proposeil
undertake no further negotiations with appointee is not an in-migrant into the
the employee or his department or area in which the hiring establishment
agency. If he desires to select the em-
is located, that is, if he has lived or
ployee, he should request authority to worked within the area for the preced-
do so through proper channels from the ing 30 days, it is necessary only to com-
Commission or the regional director, ply with the terms of the employment
whichever issued the certificate, giving stabilization program for that area.
the following information:
However, if the proposed appointee will
(a) Name of Religible desired ;)
be an in-migrant into the area in which
(0) Position, grade, salary, depart-
the hiring establishment is located, the
ment, bureau, and place of duty, if
known, in which person proposed for applicable terms of the employment-
transfer is now serving or in which stabilization program of the area from
person proposed for reappointment last which he is coming must be complied
served ;
with, as well as the applicable terms
(c) l'osition, grade, salary, bureau, of the employment-stabilization pro-
*and locationt (in the case of certifi- gram of the area in which he will be
cates issued to the field systen) | employed.
(October 26, 1944)
82.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
*Priority referral. — Under certain The "C" rating makes it possible to re-
circumstances, employment may be ef- cruit applicants for the departmental
fected only through "priority refer- service in equal competition with local
ral”—that is, through referral of orders from essential and locally needed
workers by the United States Employ-establishments which have been given
ment, Service of the War Manpower a priority by the area director of the
Commission or in accordance with ar- War Manpower Commission but which
rangements approved by the United do not necessitate a top priority classi-
States Employment Service, so that fication. Top priority classifications
workers may be referred to jobs in the are reserved for establishments engaged
order of the relative importance of those in a "must" program as determined by
jobs to the war effort. (See sections the Production Executive Committee of
007.4 (d) and (e), and section 907.5 (a) the War Production Board. Applica-
of War Manpower Commission Regulation for a higher priority may be made .
tion 7, pages 360 and 361.) Priority through the Civil Service Commission
referral is in effect on a nation-wide to the National Priorities Committee if
basis with respect to male workers sub- the urgency is such that a higher pri-
ject to the program; other classes of ority is believed to be warranted for
workers may be made subject to priority / any specific program.
referral wherever it is found desirable Application of the provisions of the
in a local area. The War Manpower priority-referral programs to the Fed-
Commission l'ecognizes the Civil Service eral service outside of Washington, D.
Commission as an authorized referral | C., will be worked out by the regional
channel under the priority-referral pro- directors of the Civil Service Commis-
gram with respect to Federal employ- sion and the regional directors of the
ment subject to the Civil Service Act, War Manpower Commission or their
rules, and regulations. The Civil Serv. | designated representatives. The
ice Commission will conduct its recruit-gional offices of the Commission will
ment and referral activities in a man- keep appointing officers in their areas
ner which will conform with the prin- | informed as to the effect of the pro-
ciples of the priority-leferral program. grams on hiring in the Federal service
When appointment involves the departmental circular No. 442, supple-
movement of a worker from an area ment 7, August 26, 1941).
served by one local employment office to Exceptions from employment-sta-
in area served by another local employ-bilization prograns.--Any person who
ment office, the worker is subject to has been unemployed for 60 days and
priority referral only in the area cover- who is not subject to priority referral
ing the worker's place of current eni- inay be hired without regard to the em-
ployment or his residence if unemployed ployment stabilization programs (ile-
(departmental circular No. 412, Octo- partinental circular No. 442, October 19,
ber 19, 1943, and supplement 7 thereto, 1943).*
August 26, 1944; action of Commission, Any person proposed for reappoint-
September 2, 1947).
ment who has been employed in an
Since the (lepartmental service in active status (not on leave) by the red-
Washington, D. C., must recruit em- eral Government within the preceding
ployees under the apportionnent law on 30 days may be appointed without re-
a nation-wide rather than on a local gard to the employment-stabilization
basis, the War Manpower Commission programs. His reappointment will not
has agreed to establish a national pri- be approved by the Commission, how-
ority rating of “(." for that service in ever, if transfer would not have been
order to integrate this national recruit authorized before separation. Trans-
ment program with local programs. I fers within the executive branch of the
re-
an
(October 26, 1944)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT
83
Federal Government are not subject | before directing the employee to report
to War Manpower Commission employ- to the agency. Whenever the Commis-
.
ment-stabilization programs, but are sion furnishes lists of eligibles to ap
subject to the provisions of War Man- pointing officers or otherwise · refers
power Commission Directive X, as eligibles for consideration with the un-
amended (see page 13), and war-service derstanding that the appointing officer
regulation IX issued thereunder, unless will exercise his right of choice and will
specifically excepted.
select certain eligibles from those fur-
* Under present War Manpower Com- nished him for appointment, it will be
mission policy, veterans of World War the responsibility of the appointing offi-
II may be hired by the Federal Govern-cer to secure any necessary clearances
ment from private industry and by pri- under applicable employment-stabiliza-
vate industry from the Federal Govern- tion programs before the appointee
ment without the necessity of a referral reports for duty.
from the United States Employment If the appointing officer has already
Service or of a statement of availability. decided that an applicant will be ap-
This provision does not, however, apply pointed if he is available or accepts
to transfers within the Federal Govern- appointment, a request for him to obtain
ment nor to l'eappointments within necessary clearances may be embodied
thirty days. As used in this connec- l in the inquiry as to his willingness to
tion, the term “veteran of World War accept appointment.
II" means any individual who has If, on the other hand, inquiries are
served in the armed forces of the Uniteil sent to a number of eligibles before final
States subsequent to December 7, 1941, selection for appointment is made, such
and has an other than dishonorable dis- inquiries as to their willingness to ac-
charge. The term “armed forces" in- cept appointment, if offered, should not
(ludes the Army, Navy, Marine ('orps, contain requests for necessary clear-
Coast Guard, Naval Reserve, National ances under the applicable employment-
Naval Volunteers, WACS, WAVES, stabilization program. Each applicant
SPARS, and United States Marine | under consideration should be notified
Corps Women's Reserve (departmental that a statement of availability may
circular No. 412, supplement 2, revised, be required later if he is offered appoint-
November 1, 1944).
ment but that no action should be taken
No War Manpower Commission clear- to obtain one from his employer or from
ince, except any necessary in-migrant the United States Employment Service
clearance, will be required of persons intil he is definitely notified of his selec-
last employed in the Territory of Ha- tion for appointment. After final selec-
waii (departmental circular No. 442, tion for appointment has been made,
supplement 5, June 15, 1994+).*
the appointee should be informed in
Procedure in obtaining clearunces the offer of appointment or instructions
Unde) employment-stubilization pro- to report for duty that he must present
grunis.-All clearances necessary under whatever clearances are necessary.
applicable employment-stabilization pro- * When an individual subject to pri-
grams must be secured for each ap-ority referral is selected for appoint-
pointee prior to entrance on duty. ment in the departmental service in
When the Civil Service Commission has Washington, D. C., and is requested to
direct-recruiting orders (see page 48) secure priority-referral clearance
giving the Commission responsibility for from the United States Employment
making final selection and final commit- Service, he should be advised to inforın
ment as to appointment, the Commission the United States Employment Service
will secure all necessary clearances un- of the national priority rating of the
der employment-stabilization programs | program under which he has been re-
છે
(October 26, 1944)
83.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
page 49. *
cruited (see page 82.01) (departmental | or municipal government, or their po-
circular No. 4+2, October 19, 1913, and litical subdivisions, or their agencies
supp!ement 7 thereto, August 26, 1941). and instrumentalities, unless such gov.
As to War. Manpower Commission erument, political subdivision, agency,
clearances in recruitment for p::sitions or instrumentality requests inclusion
under Scheilules A and B, see notes on under the program. It will, however,
be the policy of the Federal Government
In any case where the employer or to secure releases from foreign, State,
the United States Employment Service, county, or municipal governments before
as the case may be, fails to issue or hiring their employees, even though em-
refuses to issue a statement of avail. ployment-stabilization programs are not
ability to the selected applicant and such applicable to them. Since appeals from
failure or refusal appears to the ap- decisions made by such of these gov-
pointing officer to be justified, he will ernmental units as have not requested
take the matter up with the Commis inclusion under the appropriate pro-
sion's representative. "If the Commis- granı cannot be channeled through the
sion's representative concurs with the normal appeals procedures of the War
appointing officer that the failure or Manpower Commission, the representa-
refusal to issue a statement of avail- tives of the Civil Service Commission
::bility appears to be injustifid, there authorized to approve the appoint-
Commission's represe:itative will then ment of an employee of a foreign, State,
take the matier up with a representative county, or municipal government to
of the War Manpower Commission (ac- whom a release has been denied, pro-
tion of Commission, February 20, 1943). vided the hiring is in harmony with the
Aš to penalties for employment in vio- policies of the War Manpower Commis-
lation of employment-stabilization pro- sion i'egarding issuing statements of
grams, see notes on page 43.
availability or referral by the United
Hiring of employees of foreign, State, s'ates Employment Service as estab-
county, or municipal government.--Ein- lished in section 907.4 of War Manpower
ployment-stab 1:z:ition programs under Commission Regulation 7 (departmental
War Manpower Commission Regulation circular No. 442, October 19, 1943).
7 are not applicable to the hiring of the (For the text of section 907.4, see page
employees of a foreign, State, county, 1 358.)
(October 26, 1944)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT
84
*Physicians, dentists, veterinarians, within this time limit, but whose ap-
nurses, and sanitary engineers.-All pointment is still clesired, the forms
physicians, dentists, reterinarians, must be resubmitted to the Procurement
nurses, and sanitary engineers must and Assignment Service for clearance
have been declared available for Fed (departmental circular No. 452, Novem-
eral service before they may enter upon ber 25, 1943). A copy of the Procure-
duty in any Federal position. This ap- ment and Assignment Service's defini-
plies to all types of positions—tempo- tion of a sanitary engineer is attached
rary, war-service indefinite, reinstate to this circular.*
ments, full-time, or part-time and ap- Appointing officers' communications
plies even though the individual is not with eligibles.-Civil Service Commis-
now practicing his profession, or even sion Forms 1992 and 1992a should be
if he is being appointed to a position in- used by appointing officers in communi-
volving duties other than in his pro- cating by mail with eligibles concerning
fession.
their availability for appointment. The
Each eligible will be cleared for the former should be used when communi-
particular position for which he has cating with eligibles certified from regis-'
been selected for appointment at the ters in the regional offices of the Com-
tine of his selection and not at the time mission, and the latter in communicating
his name is placed on an eligible reg- with eligibles whose names appear on
ister. Civil Service Commission Form certificates issued from the central of-
4183 will be used in obtaining such fice of the Commission. Copies of Form
clearance. These forms will be sub- 1992 will be furnished to nominating
mitted by the Commission to the agency and appointing officers in the field with
with the certificate containing the the list of eligibles, unless special ar-
names of eligibles. The agency should rangements otherwise have been made,
enter the required information on the and it will not be necessary for such
forms and submit three copies of the nominating officers to maintain a sup.
form on each individual to the central ply. Copies of Form 1992a can be se-
office of the Procurement and Assign- cured from the Civil Service Commis-
ment Service for Physicians, Dentists, sion.
Veterinarians, Nurses, and Sanitary When filled out and returned, these
Engineers, War Manpower Commission, forms constitute the reply of the eligible
Washington 25, D. C. The Procure and should be sent to the Civil Service
ment and Assignment Service, after in- Commission with the report on the cer-
vestigation of the individual, will re-
tificate if he was not selected. The
turn a copy of this form to the appoint- availability information furnished will
ing official. The individual selected, if be used in determining whether the eli-
declared available, may then be entere! gible’s náme should be restored to the
on duty. The completed form should
register.
be returned to the appropriate office of
When tentative selections can be
the Civil Service Commission with the made promptly upon receipt of the list of
report on the certificate.,
The clearance with the Procurement eligibles from the Commission, the eli-
and Assignment Service completes all gible who is selected may be sent an
clearan«e required by employment- immediate offer of appointment without
stabilization programs.
a preliminary inquiry concerning his
The individual selected must enter availability. In such cases it would be
upon duty within 60 days after clear-appropriate to send an availability in-
ance by the Procurement and Assign-quiry to other eligibles on the list to pro-
ment Service. In the case of an individe for the possibility that the eligible
vidual who has not entered upon duty / selected may decline the position.
(October 26, 1947)
84.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
When tentative selections cannot be In all communications with eligibles,
made upon receipt of the list of eligibles, appointing officers should sign their
Form 1992 or 1992a, whichever is ap- communications clearly and give for
propriate, may be sent to all the eligibles identification, their official title and the
while the papers are being studied. name of the bureau and department
When it seems probable that an eligible with which connected, in order that the
will be selected if he is available, an eligible may not direct his reply to the
exchange of communications and sev. Commission. The addresses of eligibles
eral days can often be saved by for- given on certificates should be used in
warding him a blank medical certificate all instances, regardless of the addresses
with the letter of inquiry and instruct- which may appear on the examination
ing him to have a physical examination papers (departmental circular No. 41,
performed if he wishes to accept ap- February 25, 1928; departmental circu-
pointment. While this procedure does lar No. 237, October 18, 1940).
not constitute a commitment to offer
RESTRICTIONS ON THE FILLING OF CER-
appointment, it puts the eligible to ex-
TAIN TYPES OF POSITIONS
pense and should be followed only where
appointment is likely to be offered (de- Employment of publicity experts.--
partmental circular No. 273, July 21, Section 1 of the act of October 22, 1913
1911; departmental circular No. 352, (38 Stat. 212; 5 U. S. C. 1940 ed. 54),
July 1, 1942).
provides in part as follows:
"
!
(October 26, 1944)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT
111
é
1
Report of effective date of entry on appointee's inability to meet the mem-
duty.--Report of effective date of entry bers-of-family requirement, see notes on
on duty of temporary employees se- page 99.
lected from certificates issued by or Temporary employees (including
through the regional director's office short-term employees) given indefinite
should be made promptly upon the war-service appointments in the same
assignment to duty of the employee agency may have the beginning of their
(departinental circular No. 92, supple-trial period considered effective as of
mental, August 9, 1932).
the date of their original entrance on
Reports of changes for temporary em- duty in the temporary position (depart-
ployees. See notes, page 204.
mental circular No. 323, revised, March
Trial period.—The trial period pre- | 30, 1942).
scribed by section 3 of war-service regu-
The Commission is of the opinion that
lation V does not apply to temporary annual leave earned by temporary em-
appointees.
ployees should be taken within the pe-
Changes in duties of temporary ap- riod of temporary employment author-
pointees.--*See page 157.*
ized by the Commission. If, however,
Promotions of temporary employees. the exigencies of the service are such
As to promotions of temporary employees that the leave earned by the temporary
to other positions in which they will employee cannot be granted prior to the
serve under temporary appointment, see expiration of the period of employment
page 157; as to their promotion to posi- authorized by the Commission, no ob-
tions in which they will serve under injection will be made by the Commission
definite appointment, see page 154. to the retention of the temporary em-
Extensions of temporary appoint ployee for the additional period neces-
ments and conversions of temporary to sary to cover his earned leave. In such
indefinite appointments.--The prior ap- cases it will not be necessary for a de-
proval of the Commission or its re- partment to make formal request for
gional director must be secured for the the extension, but the reasons for re-
conversion of a temporary to an in- taining the temporary employee beyond
definite appointment (except as set the period formerly authorized by the
forth in the note on "Persons tem- Commission should be reported with the
porarily appointed prior to March 16, date of separation (Commission's min-
1942" on page 212), and for the exten- ute 3 of September 19, 1936).
sion of a temporary appointment (in- Removal of temporary appointees.-
cluding short-term appointments) ex- The procedure in removal prescribed by
cept to the extent permitted by special section 1 of civil-service rule XII and
agreements between the Commission section 6 of the act of August 24, 1912
and the agency concerned or by de- (37 Stat. 555; 5 U. S. C. 1940 ed. 652),
partmental regulations approved by the does not apply to temporary appointees
Commission. . Agencies whose depart- (Commission's minute 3 of March 28,
mental headquarters have been moved 1913; departmental circular No. 323, re-
outside the metropolitan area of Wash-vised, March 30, 1942).
ington, D. C., will direct all requests Section 14 of the Veterans' Pref-
for such approval to the appropriate erence Act of 1944 (page 10.01) and
civil-service regional director (section section 2 of war-service regulation VII
4 of war-service regulation V; depart- (page 33.01), relating to removal and
mental circular No. 348, August 26, other forms of separation, ilo not apply
1942; action of Commission, April 3, to temporary appointees.
1942). The procedure in making such Report of separation of temporary em-
conversions is set forth on page 154. ployee.-Report of the separation of
With respect to extension of tempo- temporary employees selected from reg-
rary appointments made because of the listers issued by or through the Commis-
(October 26, 1941)
112 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
sion's regional offices should be made in a person to serve with a Congressional
duplicate to the regional director not committee will be requested to cite the
later than the effective date of sepa- specific statute under which such au-
ration. This report should be made by thority is requested. The request on
letter (form letter satisfactory) and the agency should call attention to the
should be in addition to the regular statements of the Chairman of the
reports which are submitted through the Committee on Accounts, House of Rep-
regional director's office for audit and resentatives, which appear on pages
transmittal to the departments (depart- 1300 and 1301 of the Congressional
mental circular No. 92, supplemental, Record of February 16, 1942, and ad-
August 9, 1932).
vise the agency that unless both
Temporary appointments pending Houses of Congress agree and the Presi.
transfer.- Temporary appointments dent approves the resolution or bill to
pending transfer are no longer author- authorize the executive branch to em-
ized (action of Commission, March 24, ploy persons for the purpose of detail
1942).
to the legislative branch, there is no
Temporary appointment pending ap- authority in law under which the Com-
pointment under Schedule B.-General mission may approve the proposed tem-
authority has been given for temporary porary appointment (Commission's
appointment to positions included in minute 2 of April 14, 1942).
Schedule B of the civil-service rules (see
pages 315 to 318) for not to exceed 30 below.
days, if necessary in emergencies, with
PART-TIME EMPLOYMENT UNDER DE-
the distinct understanding that the de-
PARTMENTAL CIRCULAR 389
partment's proposal for the appointment
under Schedule B be submitted without [The notes under this heading do not
delay. Temporary appointments made affect any regulations or agreements al-
under this authority should be reported ready in effect governing work which is
promptly by letter to the Commission's nòrmally seasonal
intermittent.
central office. The Commission has ex- They contemplate work which would
tended this general authority to 60 days ordinarily be performed by full-time
in the case of the War and Navy De- personnel.]
partments, and has authorized the auto-
Positions open to part-time person-
matic extension of the temporary ap-nel.—The Civil Service Commission
pointment for a period of 30 days (mak- will recruit, examine, and certify ap-
ing 90 days in all), without further plicants for part-time work under the
authority from the Commission, in cases
same procedures that are in effect for
where the War or Navy Department has full-time employment. It is intended,
initiated the request for authority for however, that part-time lists will be
the Schedule B appointment on or be used only when there is an insufficient
fore the date temporary appointment number of qualified eligibles available
is effective and action by the Commis- for full-time employment, or when the
sion is not completed within 60 days position to be filled is one which be-
(departmental circular No. 163, April 30,
cause of peak loads or other special
1938; Commission's minute 8 of May 28, circumstances does not permit utiliza-
1910, and minute 3 of July 17, 1940).
tion of an employee's services full time.
Status of persons temporarily ap- Applications for any type of position
pointed prior to March 16, 1942.--See will be accepted from persons available
notes on page 212.
for part-time employment, and certifica-
Temporary appointment for service tion will be made as the needs of the
with Congressional committee.-Any ex- service require from those persons who
ecutive agency which requests author- meet all the requirements for a given
iiy for the temporary appointment of position. Particular emphasis, bow-
or
(
NOTES ON TRANSFER
155
fer to the same position or agency has ) have not been followed by an official
been previously denied, will not be con- request for transfer (departmental cir-
sidered an appeal but will be processed cular No. 360, August 1, 1942).
as a new transfer case in the same
Transfer to position having lower sal.
fashion as all other transfer requi- ary.-The term "salary" as used in war-
sitions.
service regulation IX, section 2 (a),
Where transfer has been approved means base pay without the addition
over the objections of the losing agency, of overtime compensation or any allow-
it is essential that any appeal by the ances which might be given in ad-
losing agency be received by the office dition to base pay. Where deductions
of the Commission which authorized from base pay are taken for subsistence
the transfer not later than six days or quarters or other service furnished
from the date of the certificate, as the by the Government, the salary of the
receiving agency may, unless otherwise employee is construed to mean the full
ordered by the Commission, enter the base pay and not the base pay less de-
transferee on duty ten days after date ductions for subsistence, quarters, or
of the certificate regardless of the other service (action of Commission,
wishes of the losing agency. Upon re- October 10, 1942).
ceipt of an appeal within the six-day *Transfer in connection with transfer
time limit, the Commission will direct of functions. See section 12 of the Vet-
the agency to which transfer has been erans' Preference Act of 1944 (page
authorized not to enter the transferee 10.04) ; section 12 of war-service regula-
on duty pending decision on the appeal. I tion IX. (page 39); and section 308 of
Departments and independent estab- the reduction-in-force regulations (page
lishments should keep appeals to a min- 187).
imum. Unless the agency is able to Report of transfer.-See page 206.
present substantial evidence that the Effective date of transfer for travel
transfer will not result in the best in- purposes. The following decisions of
terests of the Government service as a the Comptroller General, which relate to
whole, an appeal may merely result in a effective date of intra-agency transfer
loss of time and thus hamper the whole for travel, rather than civil-service, pur-
manpower utilization program (depart- poses, may be of value in effecting war-
mental circular No. 323, revised, sup- service transfers:
plement 18, May 20, 1943; action of When a civilian employee is perma-
Commission, April 20, 1943).
nently transferred to a place at which
Temporary appointments pending he already is on duty under competent
transfer. — Temporary appointments orders, the transfer is effective upon the
pending transfer are no longer author- | date he receives notice thereof, but if an
ized (action of Commission, March 24, employee is transferred to a place where
1942). Persons who, on March 16, 1942, he is not on temporary duty, his post of
were serving under temporary appoint- (uty changes on the date he actually ar-
ment pending transfer are regarded as rives at the new station (23 Comp. Gen.
having received war-service appoint- 342, November 5, 1943).
ments for the duration of the war and Where the transfer of an employee,
not exceeding six months thereafter. who had been temporarily detailed or
No follow-up will be made in cases assigned to duty away from his head-
where such temporary appointments ! quarters for the purpose of determining
(October 12, 1944)
NOTES ON TRANSFER
155.01
his eligibility for permanent appoint- It will be assumed by the Commission
ment to the position to which tempo- that an agency has available funds for
rarily assigned or detailed, was ap- the payment of transportation expenses
proved but actual notice to him and the whenever it requests the transfer of an
effective date thereof were delayed for employee to a position beyond a reason-
administrative expediency, the employee able commuting distance from his home.
is entitled to per. diem in lieu of sub- If the Commission authorizes a transfer
sistence, if authorized in the travel which requires the payment of trans-
order, up to, but not including, the date portation expenses and the agency does
he received official notice that he had not have funds for the payment of such
qualified for the position and had been transportation expenses, such authority
transferred to it, rather than the date may not be used and must be returned
of approval of the transfer or the effec- to the Commission for cancellation.
tive date stated therein (23 Comp. Gen. The Commission, in any case where
711, March 21, 1944).
transportation expenses may be in-
Payment of transportation expenses involved, will assume, in filling direct re-
inter-agency transfers.--In cases where cruiting orders by transfer, that those
a transfer is authorized under section agencies which have arrangements with
2 (a) of regulation IX to a position be- the Commission for direct recruitment
yond reasonable commuting distance have funds available for the payment
from the home of the employee con- of transportation expenses to such
cerned, paragraph (3) of that subsection transferees in accordance with Govern-
(see page 32) provides for the reim- ment regulations (departmental cir-
bursement of an employee, by the depart- cular No. 493, supplement 2, September
ment or agency to which he is trans- 7,. 1944).
ferred, for the cost of transporting *Pursuant to War Manpower Com-
himself and his household goods. There mission Directive X, as amended (see
is no provision for the payment of the page 13), and section 2 (a) (3) of war-
transportation expenses of the em- service regulation IX (see page 32), it
ployee's family.
is immaterial whether the transfer of
The employee is entitled to the ex-
an employee from one agency to an-
penses specified in connection with a other is with or without the consent of
transfer beyond a reasonable commuting the emplcyee, provided “the Civil Serv.
distance from his home when it is de- ice Commission shall find that a civilian
termined by the Commission that the employee of any department or agency
employee will by such transfer make a
of the executive branch of the Federal
more effective contribution to the war Government can make a more effective
program in the position to which trans- contribution to the war effort, in a po-
ferred. The basis for this finding is sition in some other such department
identical with the basis used in deter-
or agency.” The First War Powers
mining whether the employee is entitled Act, 1941, is sufficient to authorize the
to reemployment rights. The employee President or the War Manpower Com-
will, therefore, be entitled to payment mission and the Civil Service Commis-
of the transportation expenses specifiea sion, to which his authority has been
whenever the Commission authorizes his delegated, to obligate the appropriated
transfer to a position beyond a reason- funds of a Federal agency to which an
able commuting distance from his home employee is transferred, voluntarily or
under the provisions of section 2 (a) of involuntarily, under the terms and con-
War Service Regulation IX. Regula- ditions of the amended War Manpower
tion IX will not serve as authority for Commission directive and the Civil
payment of transportation expenses in Service Commission regulation. It is
any other case.
now mandatory that an agency reim-
(October 26, 1944)
155.02 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
burse an employee, from an appropria- / order that the employee's leave account
tion otherwise available, and within the in the new agency may be established
limits of applicable regulations, upon promptly. Full information regarding
presentation of a claim for his travel, the preparation and use of Standard
etc., expenses incident to a voluntary Form 63 is contained on the reverse of
transfer to that agency under the terms the form. It may be procured from the
and conditions of the said directive and Government Printing Office in the usual
war-service regulations (decision, manner; supplies of it should not be
Comptroller General, October 3, 1944).* requested from the Civil Service Com-
Obtaining personnel data and leave mission or its regional offices.
transcript.-Standard Form 63 should Particular attention is called to the
be used in connection with all inter- need for submitting Standard Form 63
agency transfers, and may be used in promptly in order to confirm the effec-
connection with intra-agency transfers, tive date of entrance on duty. Section
to (1) confirm date of entrance on 1.1 (9) of the Leave Regulations (see
duty; (2) obtain personnel data for use page 485) defines break in service as
in determining eligibility for within- | "separation from the Federal service
grade pay increase ; and. (3) request a for a period of thirty or more calendar
transcript of the employee's leave rec-days," and affords employees protec-
ord. It may also be used to secure data tion against the loss of accumulated and
when employees are reinstated or re- unused leave at the time of transfer.
employed within thirty days from the However, failure to confirm the effective
date of separation from other agencies date of entrance on duty may result in
or departments.
overlapping service and dual compen-
The employing agency will initiate sation, which is prohibited by law as
Standard Form 63 as soon as the em- set forth on pages 425 to 439 (depart-
ployee who is transferring enters on mental circular No. 475, March 22,
duty and will transmit it to the releas- 1944; Standard Form 63).
ing agency for completion. The releas- Reemployment benefits acquired
ing agency should complete and return through transfer.-- See notes on page
Standard Form 63 without delay in 146.
1
(October 26, 1944)
NOTES ON FILLING ATTORNEY POSITIONS
169
*
NOTES ON THE FILLING OF ATTORNEY POSITIONS
The Independent Offices Appropria-, of which require admission to the bar.
tion Act, 1945 (Public Law 358, 78th Under the terms of the provision in the
Cong., June 27, 1944), provides as fol- Independent Offices Appropriation Act,
lows:
quoted above, the Commission may not
“No part of the appropriations herein for the fiscal year 1945 conduct com-
made to the Civil Service Commission petitive or noncompetitive examinations
shall be available for the salaries and for strictly attorney positions. How-
expenses of the Legal Examining Unit | ever, by several decisions of the Comp-
in the Examining and Personnel Utili- troller General (see page 220), the Com-
zation Division of the Commission, es- mission is required to decide whether
tablished pursuant to Executive Order or not a given position is an attorney
Numbered 9358 of July 1, 1943."
position. The prccedure for securing
Executive Order No. 9358, referred to such a decision is set forth on page 170.
in this provision, vested in the Com- When this procedure has been followed
mission the administration of the civil in the case of a given position, and de-
service laws in their application to at- cision has been made thereunder that it
torney positions in the classified civil is an attorney position within the mean-
service and to the incumbents of such ing of this provision of the Independent
positions. Prior to the issuance of that Offices Appropriation Act, it may be
order, a considerable part of these func-filled by a person who is a member of
tions had been vested in the Board of the bar, and report made to the Com-
Legal Examiners by Executive Order | mission in regular form certifying that
No. 8743 of April 23, 1941, as amended, he is a member of the bar. Such ap.
which created the Board of Legal Ex-pointment is to be made under section
aminers and brought within the classi-4 (C) of war-service regulation V for
fied service a considerable number of the period of the war and not to exceed
attorney positions which had previously six months thereafter.
been excepted therefrom by statute cr The foregoing procedure will be ap-
Executive order. A number of attorney plied in connection with promotion or
positions are still excepted from the transfer to strictly attorney positions.
classified service by Schedule A (pages The time limitations set forth on page
202 to 314) or by statute (pages 320 to 157 relating to promotion procedure
327); see also page 226.
continue to be applicable to attorney
The provision in the Independent of positions, but not the provisions in the
fices Appropriation Act, quoted above, note on "Prior consent of Commission,"
is for the single fiscal year 1945, and pages 157 to 160, relating to prior ap-
contains no reference to the status of proval and postaudit by the Commis-
attorney positions. The Commission sion. In authorizing transfers to po-
holds, therefore, that the positions sub- sitions which are found to be attorney
ject to it continue to be in the classified positions, review of qualifications will
(competitive) civil service under the not be made. Such transfers may, how-
Civil Service Act of 1883, and that the ever, be authorized under section 2 (a)
status of the regularly appointed in- or 2 (b) of war-service regulation IX,
cumbents on June 30, 1944, of such po 'depending on the Commission's find-
sitions is not affected thereby. For ing as to the relative importance to the
certain prior decisions as to the status war effort of the two positions con-
of such incumbents, see notes on page cerned. In the event that a break in
172.
service has occurred, the transfer may
Executive Order No. 9358 relates not be authorized; in such cases no
solely to attorney positions the duties regulation for the appointment will be
*
(October 26, 1944)
170 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
as
*
specified, but a statement will be made ing of the provision of the Independent
that release has been secured, and ap- Offices Appropriation Act quoted on
pointment may be made.
page 169. It may be filled in the man-
Authority has been delegated to the ner specified on that page without se-
Commission's regional offices to accept curing a separate decision from the
requests for transfer to field profes- Commission that it is an attorney po-
sional legal positions, including at- sition within the meaning of that pro-
torney positions, to negotiate for re- vision.
leases, and, in warranted cases, to issue If a position has not already been
authorities without passing on qualifi- allocated to this attorney séries under
cations. Field appointing officers, the Classification Act of 1923,
therefore, should submit requests for amended, decision must be secured from
transfer to professional legal positions the Commission's Personnel Classifica-
to the appropriate civil-service regionaltion Division in Washington, D. C., as
director.
to whether the position is an attorney
Appointments to attorney positions position within ihe meaning of the pro-
are subject to the provisions relating to vision in the Independent Offices Ap-
veteran preference which appear in the propriation Act, before the agency may
war-service regulations (pages 21 to fill it under the provisions set forth
41.02). Of course, as concerns attorney on page 169. This paragraph applies
positions the provisions in the war- not only to positions which have been
service regulations as to examination, allocated by the Commission's Person-
rating, and certification by the Commis- | nel Classification Division to a differ-
sion are not applicable. The depart- ent series from P-910, but also to at-
|
themselves apply these regulations in to those attorney positions which are
connection with the recruitment and excepted from the compensation sched-
placement of attorneys. In addition to ules of the Classification Act of 1923, as
the general standard of admission to the amended (departmental circular No.
bar for appointment to all attorney po- | 487, July 14, 1944).
sitions, each department and agency Authority has been delegated to the
will adopt appropriate standards of Commission's regional directors to de-
qualifications for original appointment cide, at the request of departments and
to these positions.
agencies and their field offices, whether
The eligible lists for attorney posi- field professional legal positions are at-
tions established under former proce. torney positions within the meaning of
dures are available for inspection by the provision in the Independent Offices
appointing officers at the office of the Appropriation Act. This authority is
Commission (departmental circular No. limited to deciding whether positions
497, July 14, 1944; supplement 1 thereto, fall within either of the two series defi-
October 25, 1914; action of Commis- nitions given below or within that part
sion, October 18, 1941).
of the revised definition of the P-970-0
series which is quoted below. If the
DETERMINATION WHETHER A POSITION IS
regional directors decide that positions
A STRICTLY ATTORNEY POSITION
fall within any of these definitions they
Any attorney position which has been may advise the agency concerned that
allocated by the Commission's Person- they are attorney positions, without
nel Classification Division to the at-reference to the Commission's central
torney series (P-910) of the profes-office. If they decide that positions do
sional and scientific service is regarded not fall within any of these definitions,
as an attorney position within the mean- | descriptions of the positions inust be
*
(October 26, 1941)
NOTES ON FILLING ATTORNEY POSITIONS
171
*
referred by regional directors or the legal authorities on specific points of
agencies to the Personnel Classification law or assigned subjects and the as-
Division in the Commission's central sembly, analysis, and reporting of the
office for decision. The series defini- | results for use by others in the prepara-
tions referred to are as follows:
tion of cpinions or decisions; the exami-
Trial attorney (P-910) series: This nation of transcripts of formal testi-
series includes all classes of positions mony and documentary evidence and the
the duties of which are to advise on, preparation of findings of fact and con-
administer, supervise or perform pro- clusions of law based thereon for the
fessional legal work in the preparation | use of a board member, commission
for trial and the trial and argument of member, or attorney-trial examiner in
cases in court, or in formal hearings the preparation of a decision
authorized by law, before a board, com- Illustrative of the types of positions
mission or local officer possessing quasi- | contemplated by the foregoing partial
judicial powers. Included within this definition are those of professional le-
series, among other positions, are those gal employees who (1) assist trial ex-
of professional legal employees who as- aminers or others conducting formal
sist trial attorneys by conducting legal hearings by making legal research, an-
research, preparing briefs, motions, and alyzing the testimony and documentary
other pleadings, interviewing witnesses, evidence, and preparing drafts of re-
and performing other related duties, but ports of such hearings containing state-
who do not try or argue cases or appearments and discussions of fact and law
in court.
and presenting conclusions in the na-
Attorney-Trial Examiner (P-940) | ture of decisions for adoption by the
series: This series includes all classes final authority, or (b) review the tes-
of positions the duties of which are to timony, documentary evidence, and the
advise on, administer, supervise, or per- reports for accuracy of findings of fact
form professional legal work involving and soundness of conclusions of law and
the conduct of formal hearings as a part of recommendations or decisions.
, of the administrative procedure of a Where a decision has been reached
bureau, commission, board or other on a specific position it will not be neces-
body having quasi-judicial powers and sary for an agency to submit for de-
the preparation of reports of such hear-cision descriptions of identical addi-
ings containing stafements and dis- tional positions. This also applies to
cussions of fact and law and presenting positions for which allocation standards
conclusions in the nature of decisions have been prepared under Executive
for adoption by such quasi-judicial body Order No. 9330 of April 16, 1943, and
or other final authority.
which have been iletermined by the
Attorney-Adviser (P-970) series Commission to be attorney positions.
(partial definition): This series in- The agencies are not precluded from
cludes all classes of positions the duties referring cases to the Commission's Per-
of which are to advise on, administer, sonnel Classification Division in Wash-
supervise, or perform professional legat ington, D. C., if they so desire or if they
work involving chiefly the stuly and
wish a review of a decision made in a
analysis of assigned legal questions,
regional office. The regional directors
problems, or cases, and the rendering of
decisions or opinions thereon as a basis may submit to the central office of the
for executive action, including such ac-
Commission any cases about which
tivities as
the searching of there is doubt (departmental circular
statutes, decisions, opinions, and other No. 497, supplement 1, October 25, 1944).
*
(October 26, 1944)
172 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
STATUS OF INCUMBENTS OF ATTORNEY | emergency he may be retained, without
POSITIONS
acquiring civil-service status, for such
The provision of the Independent Of- longer period as the Board, in its discre-
fices Appropriation Act quoted on page
tion, deems necessary. A person whose
169 does not affect the status of the appointment was authorized prior to
regularly appointed incumbents on June March 16, 1942 and who passes a non-
30, 1944, of such positions (depart-
competitive examination acquires a
mental circular No. 397, July 14, 1944). classified civil-service status six months
from the date of his appointment, if
Certain provisions of previous Execu-
tive orders and regulations, and de- there has been compliance with the pro-
cisions governing the status of incun- visions of section 6 of Civil Service Rule
bents of such positions, are set forth II, other than those provisions relating:
below. For more details on the regu-
to recommendation and examination."
(Section 6 of rule II appears on page
lations of the Board of Legal Exam-
220.)
iners, see pages 169 to 177 of the O:-
Appointments under the former sec-
tober 31, 1913, edition of this book.
Attorneys appointed noncompetitively
tion 1 of Regulation I of the Board of
prior to March 16, 1942.-Section 3 of Legal Examiners which were approved
Executive Order No. 8743 of April 23, between July 1, 1941, and March 16,
1941, as amended by Executive Order 1942, were not temporary in any sense
other than their being conditioned upon
No. 0230 of August 20, 1942, reads in
part as follows (the references to the the subsequent completion of a noncom-
Board” are to the Board of Legal Ex- petitive examination (departmental cir-
aminers):
cular No. 268, supp. 5, March 31, 1942).
The effect of the determination of ell-
“(i)
Persons whose ap-
pointment was approved by the Board gibility for civil-service status by non-
prior to March 16, 1942, and who pass a
competitive examination is set forth in
noncoinpetitive examination prescribed
the following action of the Board of
Legal Examiners on March 14, 1942:
by the Board shall be eligible for a
“1. There shall be a 6-months period
classified civil-service status after the of probation pursuant to section 3 (1)
expiration of six months from the date
of Executive Order No. 8743 of April
of appointment upon compliance with
the provisions of section 6 of Civil Serv- under that order which confer eligibil-
27, 1941 in the case of all appointments
ice Rule II other than those provisions ity to civil service status, unless the
relating to examination.
appointee has previously acquired
Section 1 of regulation I of the Bɔard status in a legal position.
of Legal Examiners, as amended Au-
“2. In the case of appointees trans-
gust 15, 1941, and March 20, 1943 (de- ferred from one legal position to another
partmental circular No. 268, June 27, within 6 months of their first appoint-
1941; supplement 1 thereto, August 7, ment, the period of probation shall date ·
1941; supplement 9 thereto, April 27, from the time of that appointment, un-
1943), provided as follows:
less the supervisor in the new position
“If a person whose appointment to desires a full probationary period.
an attorney position was authorized by "3. The probationary period of ap-
the Board prior to March 16, 1942, sub- pointees under section 1 of Regulation I
ject to later noncompetitive examina- of the Board of Legal Examiners whose
tion, fails to pass the examination, his appointments are afterward confirmed
appointment shall terminate within 30 shall be deemed to date from the time
days after notification by the Board to of their original appointment" (depart-
the department or agency in which he is mental circular No. 268, supp. 5, March
employed, except that in cases of special '31, 1942).
*
*"
!
(October 26, 1944)
NOTES ON FILLING ATTORNEY POSITIONS
173
*
*
*
Section 6 of Regulation I of the Board Such appointments shall be effected
of Legal Examiners, as adopted Novem- under Executive Order No. 9063 of Feb-
ber 15, 1941 (departmental circular No.ruary 16, 1942, and persons thus ap-
268, supplement 4, December 16, 1941), pointed will not thereby acquire a classi-
provided in part as follows:
fied civil service status.
This
a person employed in a po- regulation shall become effective March
sition other than an attorney position 16, 1942." (Executive Order No. 9063
may be approved for an attorney posi- appears on page 11.)
tion in the same agency in a grade not Acquisition of a classified status by
higher than P-3 provided (1) that he attorneys under the Ramspeck Act.-
meets the minimum requirements pre- Section 3 of Executive Order No. 8743
scribed in section 3 of this regulation; of April 23, 1941, as amended by Execu-
(2) that his assignment will be limited tive Order No. 9230 of August 20, 1942,
to work which calls primarily for knowl-reads in part as follows (the references
edge of the particular agency; (3) that to “the Board” are to the Board of Legal
his experience in the agency especially Examiners) :
qualifies him for the type of work for “(j) The incumbent of any attorney
as
which he is proposed; and (4) that the position covered into the classified serv-
examining committee is satisfied of his ice by section 1 of this order may ac-
ability to perform competently the type quire a classified civil-service status in
of work to which he will be assigned. accordance with the provisions of sec-
Persons thus approved for particular tion 2 (a) of the act of November 26,
positions shall be eligible to acquire 1940 (54 Stat. 1211) or, in the discre-
qualified civil-service status at- tion of the Board and when applicable,
torneys.
section 6 of Civil Service Rule II: Pra
Attorneys appointed on and after vided, That the noncompetitive exami-
March 16, 1942.-Section 3 (i) of Execu- nation required thereunder shall be pre-
tive Order No. 8743 of April 23, 1941, as scribed by the Commission with the ap-
amended by Executive Order No. 9230 proval of the Board.” (Section 2 (a)
of August 20, 1942, reads in part as fol- of the act of November 26, 1940 (“Rams-
lows:
peck Act”), appears on page 329; sec-
Effective March 16, 1942, tion 6 of Rule II appears on page 220.)
all appointments to attorney
The procedure for the classification of
positions shall be for the duration of the attorneys'under the Ramspeck Act and
present war and for six months there-Executive Order 8743 was set forth in
after unless specifically limited to a departmental circular No. 291, supple-
shorter period."
ment 7, August 22, 1942, and in attorney
Section 7 of Regulation I of the Board status series, bulletin No. 1, November
of Legal Examiners, as adopted March 16, 1942, issued by the Board of Legal
14, 1942, and amended March 20, 1943 Examiners. The departmental circular
(departmental circular No. 268, supple provided in part as follows:
ment 5, March 31, 1942, and supplement
“The qualifications prescribed by sec-
9, April 27, 1943), provided in part as
tion 3 of Regulation No. I of the Board
follows:
of Legal Examiners for appointments
to attorney positions shall not be re-
“All appointments to'attorney
quired for the acquisition by incumbents
positions shall be for the duration of of civil service status in the positions
the present war and for six months which they held at the time the positions
thereafter, unless otherwise specifically were covered into the classified service
limited to a shorter period, and shall be by Executive Order 8743.
made subject to the satisfactory com- "Civil service status acquired prior to
pletion of a trial period of one year. 1 July 1, 1941, will not be recognized as
*
(October 26, 1944)
174 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
1
*
conferring status upon the incumbents S. C. 1940 ed. 314) provides as follows:
of attorney positions covered into the "No compensation shall be allowed to
civil service by sections 1 and 2 of. Ex- any person, besides the respective dis-
ecutive Order No. 8743, unless such pre-trict attorneys and assistant district at-
viously acquired status was held in an torneys, for services as an attorney or
attorney position included within the counselor to the United States, or to
classified civil service prior to Executive any branch or department of the Gov-
Order 8743. Unless this condition is ernment thereof, except in cases speci-
met, such persons will therefore acquire ally authorized by law, and then only
status as attorneys only upon recom-
on the certificate of the Attorney Gen-
mendation by the agency head and ap- eral that such services were actually
proval by the Board of Legal Examiners, rendered, and that the same could not
as herein provided.
be performed by the Attorney. General,
"Persons who served from July 1,
1941 to January 1, 1942 in attorney posi- the Department of Justice, or by the
or Sclicitor General, or the officers of
tions covered into the civil service by
district attorneys."
Executive Order 8743 may be recom-
Agencies of the United States in the
mended for status as attorneys without
executive branch of the Government are
regard to whether or not they are now
in the Federal service or the positions render opinions in specific cases in the
not authorized to employ attorneys to
they now hold. The recommendation
absence of specific provision of statute
may be made by the head of the agency therefor-the officers of the Department
in which the incumbent was employed of Justice, under the direction of the At-
on January 1, 1942 or, if he is now the torney General, being required to give
incumbent of an attorney position in all opinions and render all services re-
another agency, by the head of the all opinions and render all services re-
quiring the skill of persons learned in
agency in which he is now employed.
the law (16 Comp. Gen. 1091, June 18,
“Persons now serving in positions
1937).
other than attorney positions who prior
License to practice as an attorney-
to January 1, 1942 were the incumbents
The Department of Justice Appropria-
of attorney positions covered into the tion Act, *1945 (Public Law 365, 78th
classified service by Executive Order
8743 are eligible for status as attorneys Cong., June 28, 1944),* prohibits the use
under Executive Order 8833 if they (1) of funds appropriated therein “to pay
transferred subsequent to July 1, 1941 the compensation of any person here-
to positions in the classified service, or after en ployed as an attorney unless
(2) transferred subsequent to Novem-such person shall be duly licensed and
ber 26, 1940 to positions then excepted authorized to practice as an attorney
from the classified service. In such under the laws of a State, Territory, or
the recommendation must be the District of Columbia", except for
made by the head of the agency in
the payment of foreign counsel em-
which the person last served as an at-
ployed by the Attorney General in spe-
torney."
cial cases. * *
MISCELLANEOUS NOTES ON ATTORNEYS
Acting as attorney or counsel for non-
Authority to employ attorneys.--Sec- Federal organizations and individuals.-
tion 365 of the Revised Statutes (5 u. See pages 439 to 446.
cases
>
(October 26, 1944)
NOTES ON SEPARATIONS AND TERMINATION OF ACTIVE SERVICE
180
NOTES ON SEPARATIONS FROM THE SERVICE AND TERMINATION OF
ACTIVE DUTY
(More detailed information is contained in the Commission's form 505)
REMOVAL
plying to the answer of the accused em-
ployee (Commission's minute 3 of March
Statutory provisions governing re-
28, 1913).
moval procedure.-Section 1 of civil-
*Section 6 of the Lloyd-La Follette
service rule XII (see page 283), which Act, quoted above, and section 1 of civil-
prescribes the procedure to be followed service rule XII, based thereon, cover
in making removals, is almost a ver-removals from the classified service gen-
batim quotation from section 6 of the erally. Employees entitled to veteran
Lloyd-La Follette Act of August 24, 1912 preference under the Veterans' Prefer-
(37 Stat. 555; 5 U. S. C. 1940 ed. 652).ence Act of 1944 (page 10) are entitled
The portion of this act: relating to re- under section 14 of that act to special
moval procedure reads as follows: benefits in connection with removal if
“No person in the classified civil serp. they are permanent or indefinite em-
ice of the United States shall be removed ployees who have completed a proba-
therefrom except for such cause as will tionary or trial period. Among the
promote the efficiency of said service and special benefits involved are rights to
for reasons given in writing, and the advance notice and to an appeal to the
person whose removal is sought shall Commission. For section 14 of the Vet-
have notice of the same and of any | erans' Preference Act, see page 10.04.
charges preferred against him, and be Regulations governing the removal of
furnished with a copy thereof, and also persons who are entitled to the bene.
be allowed a reasonable time for per- fits of section 14 appear on page 177.
sonally answering the same in writing; Suspension pending completion of re-
and affidavits in support thereof; but moval procedure.—The usual procedure
no examination of witnesses nor any in connection with removals under sec-
trial or hearing shall be required except tion 1 of rule XII is: First, to suspend
in the discretion of the officer making an employee from active duty pending
the removal; and copies of charges, no-investigation of the charges of official
tice of hearing, answer, reasons for misconduct, and second, either to re-
removal, and of the order of removal store the employee to active duty if the
shall be made a part of the records of charges cannot be sustained, or to re-
the proper department or office, as shall move him from the service if the charges
also the reasons for reduction in rank are sustained. For procedure in mak-
or compensation; and copies of the same ing such suspensions, see section 3 of
shall be furnished to the person affected | rule XII, page 283, and notes on page
upon request, and the Civil Service Com-201. As to payment of compensation
mission also shall, upon request, be for the period of suspension, see page
furnished copies of the same."
202.*
The remainder of section 6, which Scope of section 1 of rule XII.-Sec-
relates to the right of employees to join tion 1 of rule XII does not apply to
unions and to present their grievances competitive classified employees holding
to Congress or members thereof, will be excepted positions (Commission's min-
found on page 409. The uirements ute 2 of January 10, 1922), or to persons
quoted above have been waived for the appointed to excepted positions by selec-
duration of the war as to certain types tion from a civil-service register (37
of removals in the War and Navy De-Op. Atty. Gen. 7, 13, June 10, 1932;
partments. For these statutory excep- Commission's minute 4 of June 22,
tions, see page 181.
1932; section 3 of rule II), or to tem-
The words in the statute "affidavits porary employees (Commission's minute
in support thereof" are regarded as ap- 13 of March 28, 1913).
(October 26, 1944)
180.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
*Section 14 of the Veterans' Prefer- Section 1 of rule XII is not appli-
ence Act which grants rights similar to cable to the removal of a person from a
those conferred by rule XII as well as conditional appoinťment, after comple-
some additional rights, applies to ex- tion of the probationary or trial period
cepted as well as to classified positions, but before fulfillment of the conditions
but it applies only to permanent or in- subject to which appointment had been
definite employees who are entitled to
approved, where such removal is at the
veteran preference and who have com-
pleted a probationary or trial period. * | instance of the Commission upon a
The provisions of section 1 of rule finding that he has failed to meet the
XII need not be followed by the conditions attached to his appointment.
employing department or agency in Sections 1 and 4 of rule XII are appli-
cases where it is determined that a per- cable, however, where such removal is
son is illegally holding a position secured at the instance of the employing agency
on the basis of fraud or misrepresenta- (Commission's minute 3 of July 5, 1941,
,
tion practiced in connection with his and minute 2 of February 5, 1943).
examination or the establishment of his
As the service of a probationary period
eligibility, and his removal is requested is an essential part of the examinations
by the Commission (Commission's inin-
ute 1 of July 11, 1938; departmental cir- held by the Commission to ascertain the
cular No. 169, July 23, 1938).
fitness of applicants, it is unnecessary
(October 26, 1944)
A
LEAVE OF ABSENCE
491
1
en-
the absence from work of employees of note on page 505. As to recrediting of
the Federal Government on election leave upon return from private employ.
days *is quoted from a letter to the ment, see page 497.01. .
Commission dated October 12, 1944,
SCOPE OF THE LEAVE LAWS AND
from Mr. William H. McReynolds,
REGULATIONS
Administrative Assistant to the Presi.
dent:
Contract employees. The provision
“So far as may be practicable so as of section 6.1 (e) of the Annual and Sick
not to interfere seriously with produc- Leave Regulations which exempts from
tion, employees who desire to vote at leave benefits "persons engaged under
communities where they are employed contract” refers to contractors
will be excused *for that purpose with-gaged—not employed-- on other than a
out charge of leave for a reasonable personal service basis (generally those
time on all election days. Such author- who do not perform their work under
ized absence should not exceed the time the supervision and control of the Gov-
actually required to vote and in no ernment). Persons employed on a per
event should it exceed one working diem "when actually employed” basis
day.*
under an instrument designated as a
“When an employee requests addi- "contract” are to be regarded as “offi-
tional leave for voting purposes which
cers and employees of the United States"
will require *longer than one day* in within the ineaning of the Leave Regu-
order to enable him to go to his legal lations and, as such, are entitled to
residence to vote, permission will be leave benefits unless otherwise exempted
granteil whenever practicable and the therefrom.
period of absence *in excess of one
Persons of the latter type are to be
dayt will be charged to annual leave considered “permanent” employees with-
or if annual leave is exhausted, to leave in the meaning of the Leave Regulations
without pay."
if they work full time for definite periods
Private employment during leave pe-
in excess of one year, and "temporary"
riod.—There is no general law which employees if employed full time for
prohibits the payment of compensation definite periods of time not exceeding
to a civilian officer or employee during one year. Where the contract does not
a period of annual leave when said specify any definite period of time of
officer or employee is working for and enıployment or performance of contract,
receiving compensation from a private definite” employees within the meaning
such persons are to be considered "in-
employer (including the American Na of the Leave Regulations (rather than
tional Red Cross), even though such
"part-time"
“intermittent" em-
employer may be a contractor working
ployees) if
for or under the direction of the United
(a) They are actually continuously
States Government, provided the salary employed for a period of not less than
in the private employment does not con-
one month; or
stitute a contribution toward Federal
(b) They are required to be available
salary in contravention of the act of for duty for a period of not less than one
March 3, 1917 (39 Stat. 1106; 5 U. S. C. month; or
1940 ed. 66). The dual-compensation (c) The contract requires the per-
statutes do not apply in such a case formance of a specific job.
(20 Comp. Gen. 488, February 27, 1941; Such "indefinite” employees, like other
22 Comp. Gen. 178, September 3, 1942; | "indefinite" employees, do not accrue
23 Comp. Gen. 305, October 23, 1943). leave unless they are actually continu-
As to substitution of leave with pay ously employed for at least one month
for a period of leave without pay for (based on 23 Comp. Gen. 425, December
service with a private employer, see 13, 1943).
or
(October 26, 1944)
491.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
page 499.
Employees appointed in connection benefits applicable to such employees.
with cooperative agricultural work.- Upon separation by resignation to enter
Employees appointed by the Depart- the active military service, he is entitled
ment of Agriculture in connection with under the act of August 1, 1941, as
cooperative work with the States, etc., amended, to be paid for his accumulated
whose duties and time of work are sup- and current accrued annual leave con-
ervised and controlled by Federal of currently with military service, provided
ficers, are employees of the United there is no break between his civilian
States within the meaning of the an- service and entry into active military
nual and sick leave acts of March 14, service (23 Comp. Gen. 603, February 18,
1936, 49 Stat. 1161 and 1162, regardless | 1944).*
of whether a portion or all of their Bailiffs in the Federal courts.-Bailiffs
salaries is paid by the Federal Govern- in the Federal courts are part-time or
ment, or otherwise, and should be re- intermittent employees as distinguished
garded as in a continuous duty status from indefinite employees within the
for leave purposes (17 Comp. Gen. 362, meaning of the Uniform Annual and
October 26, 1937). With respect to Sick Leave Regulations, and hence are
amount of leave which may be taken, not entitled to annual or sick leave (20
and time of taking it, see notes on Comp. Gen. 140, September 9, 1940).
Property and disbursing officers and
*Judicial service.-The Annual and employees of the Nationa! Guard.--The
Sick Leave Acts of March 14, 1936, are National Guard officers appointed by
given application to the field service of the Governors of the States as property
the judiciary; and by usage the regula- and disbursing officers of the United
tions promulgated by Executive order States in accordance with the provisions
are recognized as governing (letter of of section 67 of the National Defense
the Director, Administrative Office of Act of June 3, 1916, 39 Stat. 199, 200,
the United States Courts, to the Comp- and the accounting and custodial em-
troller General, February 5, 1944). ployees serving in their offices who are
United States supervising conciliation employed by the State military author-
commissioners who are appointed by a ities, are not "employees of the United
United States court and paid, as com- States” within the meaning of the An-
pensation for their services, a per diem nual Leave Act of March 14, 1936, 49
allowance as prescribed by the provisions Stat. 1161 (19 Comp. Gen. 326, Septein-
of 11 U. S. C. 203, may be regarded as
ber 7, 1939; 21 Comp. Gen. 305, October
"civilian officers and employees of the 8, 1941; 22 Comp. Gen. 864, March 4,
United States" within the meaning of 1943).
the Annual Leave Act of 1936, so as to District of Columbia police and ire
entitle them to the leave benefits pre-departments.--The Annual Leave Act of
scribed thereunder. If employed each | March 14, 1936, 49 Stat. 1161, is ap-
day of the month, such a commissioner plicable to officers and members of the
may be regarded as an "indefinite em- police and fire departments of the Dis-
ployee" within the meaning of the Leave trict of Columbia (16 Comp. Gen. 581,
Regulations and entitled to the leare | December 14, 1936). Officers and mem-
1
(July 12, 1944)
LEAVE OF ABSENCE
499.01
vening Sundays and holidays is dis-, but rather that an employee is entitled
cussed in the note on 'Effect of substitu- to exactly the same amount of com-
tion upon pay for Sundays and holi-pensation for a period of authorized an-
days,” page 505.
nual or sick leave of absence with pay
Where an employee having no an-
that would have been payable for the
nual or sick leave to his credit has ab- same period had he remained in a duty
sented himself from work for a single
status and actually worked the number
of liours per day and number of days
workday without prior authorization
that he regularly would have been re-
and it is administratively determined
after his return to duty that conditions and Sick Leave Acts of March 14, 1936,
quired to work. Neither the Annual
rendered an advance application for
nor the annual and sick leave regula-
leave without pay impracticable, justi- tions, authorize any increase in amount
fying 'a conclusion that he was not "a.
or rate of compensation payable for a
w. o. 1.", the employee's pay status may period of absence on annual or sick
be regarded in the same way as though leave over that payable for a like pe-
leave without pay had been granted in riod in an ordinary duty status (17
advance, and he may be allowed pay Coinp. Gen. 906, May 4, 1938).
for a nonwork day occurring imme- Compensation is payable during leave
diately prior to tbe actual return to duty of absence at the rate applicable to
(23 Comp. Gen. 960, June 17, 1944). * the position from which the employee
Leave on the 31st day of a month.- is excused from duty and not at the
The act of June 30, 1906 (34 Stat, 763), rate payable for the period during
provides that for one day's unauthorized which the leave is earned (19 Comp.
absence on the 31st day of a month one Gen. 1015, June 22, 1940). Permanent
day's pay shall be forfeited. This pro- employees who are temporarily reas-
vision is not applicable in the case of signed or promoted to positions at
an employee who was absent: on an- higher salary rates and who are granted
nual leave through a portion of the 31st annual leave while serving under the
day of a month and on authorized leave temporary assignment to take effect
without pay during the remainder of prior to return or reassignment to their
that day (23 Comp. Gen. 244, September former positions, are entitled to com-
30, 1943).
pensation for the leave so taken at the
Rate at which leave should be paid.- higher rate of compensation of the tem-
The decisions holding that a leave- porarily assigned position for the entire
with-pay status is synonymous, for pay period of the leave; but if they are
purposes, with a work or duty status, returned to their former positions prior
do not mean that an employee is to be to the effective date of the granted an-
regarded, for pay purposes, as having nual leave, they are entitled to com-
actually worked on each day within a pensation for the leave so taken only
period of absence on leave with pay, ' at the rate applicable to the position
(July 5, 1944)
500 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
to which returned, even though no duty on that day (25 Op. Atty. Gen. 40, Au-
be performed under such reassignment gust 15, 1903; 21 Comp. Gen. 901, April
or return before the leave is taken (19 2, 1942; 22 Comp. Gen. 762, February
Comp. Gen. 1015, June 22, 1940). 5, 1943). As to compensation for holi-
Overtime compensation under the days generally, and disciplinary action
War Overtime Pay Act of 1943 (Public in cases where an employee fails to
Law '49, 78th Cong., May 7, 1943), is work on a holiday although ordered to
payable during periods of annual leave, do so, see puge 470. As to compensa-
including accumulated annual leave tion for holidays which occur within or
taken pending separation from the serv- immediately before or after a period of
ice (22 Comp. Gen. 810, February 16, leave without pay, see pages 499 and
1943).
505.
An employee occupying a position Whether work is administratively re-
outside the continental United States to quired on a holiday or not, annual tor
which a salary differential is attached sick leave may not be charged for ab-
is entitled to continue to receive his sence on a holiday declared by law, Ex-
regular rate of compensation, including ecutive order, or administrative order
the salary differential, while he is in (except as otherwise provided in the
an annual leave status in the conti- note on "Days on which establishments
nental United States or elsewhere (22 are closed for administrative reasons”,
Comp. Gen. 70, July 29, 1942).
page 501), whether as a penalty for fail-
Seasonal field employees of the Inter- ure to report for work when administra-
national Boundary Commission, United tively required to do so or for the
States, Alaska, and Canada, employed purpose of making a payment to em-
on a full-time basis, whose rate of wages ployees who are not otherwise entitled
is fxed to include part cash and part to holiday pay (21 Comp. Gen. 101,
the determined value of allowances fur- August 5, 1941; 21 Comp. Gen. 901,
nished in kind, may be paid their total April 2, 1942; 23 Comp. Gen. 677, March
wages in cash covering periods of au-16, 1944; *decision, Comptroller Gen-
thorized leave of absence with pay. eral, September 23, 1941).*
Where the leave taking is delayed until Officers and members of the police
completion of the work, evidence should and fire departments of the District of
be obtained before final payment that Columbia are not, in the absence of
the discharged employees are alive on special legislation, entitled to time off
the last day for which wages are paid with pay on legal holidays in the Dis-
(16 Comp. Gen. 132, August 6, 1930).
trict of Columbia, or on days in lieu
Effect of dual compensation statutes
thereof, in addition to the 26 days' an-
on granting of leave.--See notes on
nual leave granted by the act of March
14, 1936, 49 Stat. 1161 (16 Comp. Gen.
Terminal leave.See notes on page
581, December 14, 1936).
512.
Holiday&. - In the absence of specific
There is no statute or Executive or-
legislation to the contrary, an adminis-der precluding administrative action to
trative office may, within its discretion, close field offices either in the United
include a holiday within the official States, its possessions, or foreign coun-
hours of duty or regular workweek of tries, on local holidays when Federal
employees and require them to work I work may not be properly performed,
· Page 506.
(October 20, 1944)
V. S. GOVERNMENT PRINTING OFFICE:1944 0 - 616853
633
CIVIL SERVICE ACT AND RULES
JR
TRANSMITTAL SHEET NO. 19
A 22
November 2, 1944
These sheets should be cut or torn apart along the perforations.
They should then be substituted as shown on the back of this page
for pages of the loose-leaf edition of the "Civil Service Act and Rules."
The steps in making the insertions are explained on page XX of the
introductory chapter, "How to Use This Book.” The date of this trans-
mittal sheet and the date of filing should then be noted on the "Filing
Record" at the front of the book, and this page should be filed imme-
diately behind Transmittal Sheet No. 18.
When this filing is completed, pages 1 to 118, 123 to 180.01, 185 to
220, 291 to 365, 377 to 400, and 447 to 525 will be up to date as of
November 2, 1944.
Remarks
Additions have been made on pages 65, 66–67, 68, 177 to 179, 362.01,
and 517.
Deletions have been made as indicated on pages 65, 175, 352, and
360.
Changes have been made on pages 65, 175, 352, 360, 361,362, 362.01,
363, 471, 472, 472.01, and 473.
The principal feature of this installment is the addition to the Act
and Rules of a new chapter, "Notes on Appeals and Reviews." The
first section of this chapter, "Appeals from Commission Decisions,"
formerly appeared on pages 65 to 68, and has been transferred to this
point in order to bring material on appeals together. The stars in
this portion of the chapter reflect changes from the material which
formerly appeared on pages 65 to 68. The second section, "Appeals
from Decisions of Other Agencies," is new material, and consists of
the regulations governing appeals under section 14 of the Veterans
Preference Act of 1944 which were promulgated by Departmental
Circular No.: 507. As this material represents an expansion, there
are no corresponding pages of the original edition to be removed.
The deletion on page 65 is the result of the omission of the former
section 4 of regulation I, on which it was based, from the revised
war-service regulations. The deletion on page 175 is the result of the
extension of the war-service regulations to positions in the field
service of the Post Office Department, except postmasters. The
material indicated as deleted on pages 352 and 360 was dropped in the
War Manpower Commission's revision of its regulations 4 and 7,
published in 9 Federal Register 12917.
The changes on pages 471 to 473 reflect the changes in the general
overtime-pay law made by the acts of April 1, 1944 (page 469.01 of
the Act and Rules), and September 30, 1944 (page 467).
It is believed that the nature of all other changes will be apparent
upon comparison of the old with the new pages.
6169.95 ().- 14
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NOTES ON RATING AND ELIGIBILITY
65
NOTES ON RATING AND ELIGIBILITY
[NOTE.The material on appeals and reviews which formerly appeared in
this section has been transferred to the chapter on that subject, which begins
on page 175.]
RATING
where such position was siinilar to that
[ See section 1 of war-service regulation III] for which he is filing application.”
Under this provision a preference ap-
*Type of rating assigned.-Section 1 plicant need not have resumed the occu-
of war-service regulation III requires pation which he left to enter the
the numerical rating of qualified appli- military service in order for the military
cants (action of Commission, July 26, service to be credited.
1944). Veteran-preference increments
The regulation does not preclude the
will be added as provided in section 2 of rating of military or naval experience
war-service regulation III (see page 23). I on its own merits, and not as an ex-
Notice of rating.–An applicant who tension of time spent in the prior posi-
files for a specific examination will, tion, where a higher evaluation of
upon being rated, be notified of his experience will result from doing so.
numerical rating (action of Commission, However, double credit cannot be given
July 26, 1944).*
in the same examination for the same
Combination of experience elements military or naval service.
with written tests.--Examinations in-
The provision applies to examinations
volving both experience elements and for promotion, reassignment, reappoint-
written tests will be kept to a minimum. ment, transfer, and classification, as
Where such examinations are used and well as for new appointment (action of
a ranking of eligibles is desirable the Commission, July 26, 1944).
rating procedure will be simplified by Examination credit for courses offered
assigning numerical ratings on the basis to members or former members of the
of only one element; experience will be armed forces.-Executive Order 9367 of
rated merely eligible or ineligible and August 4, 1943 (see page 60) requires
numerical rating based entirely on writ- the Commission to give due credit in
ten test results, or the written tests civil-service examinations to any mem-
will be used to determine eligibility ber or former member of the armed
and ranking based on experience. The forces of the United States who has
experience rating will not be averaged satisfactorily completed any educa-
with the written test results (actions tional or training program which is
of Commission, April 3, 1942, and Sep-open exclusively to members or former
tember 4, 1943).
members of the armed forces and is
* * * * * conducted by a Government agency.
*Credit for military service.-Section Such programs are expressly exempted
1 of war-service regulation III provides from the general prohibitions of the or-
in part as follows:
der against instruction of persons by
“When an applicant granted five- or Government officers or employees with
ten-point preference under these regula- a view to their special preparation for
tions is rated in examinations where civil-service examinations.
experience is an element of qualifica- Men and women released from mili-
tions, time spent in the military or naval tary service who have received a “Cer-
service of the United States shall be con- tificate of Completion” in a correspond-
sidered as an extension of time spent in ence course or courses offered by the
the position in which the applicant was 1. S. Armed Forces Institute, Army
employed immediately prior to his en- Education Branch, Morale Services Di-
trance into the military or naval service / vision, War Department, may be given
(November 2, 1944)
66-67 CIVIL SERVICE ACTS, RULES, AND REGULATIONS, ANNOTATED
appropriate credit in competitive ex- | ing. The names of preference eligibles
aminations announced by the United are entered on registers ahead of those
States Civil Service Commission in such of nonpreference eligibles having the
cases as the type of examination per- same rating, whether the register is es-
mits (departmental circular No. 478, tablished for the scientific and profes-
April 25, 1944). The circular cited sional services or not.
contains an explanation of the nature The phrase "positions in the profes-
of the courses, and information for the sional and scientific services" is inn
guidance of those who are interested terpreted as including all positions in
in contributing to the development of the Professional and Scientific Service,
the educational program of the Insti- as established by the Classification Act
tute.
of 1923, as amended. It will also in-
clude positions classified under a system
APPEALS AND REVIEWS
other than that established by the Clas-
sification Act where the Commission
The material which formerly ap-
peared under this heading has been determines, on the basis of the duties of
transferred to the new chapter, "Notes the positions, that the positions, if they
were subject to the Classification Act,
on Appeals and Reviews," on page 175.
would be placed in the Professional and
Scientific Service,
LISTS OF ELIGIBLES
In accordance with section 18 of the
Order on lists.—The order of names Veterans' Preference Act of 1944 (see
on eligible lists is governed by section 3 page 10.06), any person whose name
of war-service regulation III (see page appears on an existing eligible list, and
24). This regulation provides that the who was entitled to preference under
names of eligibles granted 10-point pref- the laws in effect prior to that act, will
erence under the war-service regula- retain his preference for the period of
tions shall be placerl at the top of the eligibility of that list. Accordingly,
appropriate eligible lists except on lists certificates issued by the Commission for
of eligibles for positions in the profes- some time after the effective date of the
sional and scientific services for which act may list as preference eligibles some
the basic entrance salary is over $3,000 persons who were granted preference
per annum. In the latter case, 10-point under the prior laws and regulations,
preference eligibles, like 5-point pref- but who would not be entitled to it under
erence eligibles, are entered on the lists the act except for the provisions of sec-
in accordance with their augmented rat- tion 18 thereof. Persons whose names
ings, although, in certification for such were entered on registers and placed at
positions, the name of a 10-point prefer- the top of the list prior to the effective
euce eligible will be placed ahead of date of the act (June 27, 1941), because
that of a 5-point preference eligible hav- of their 10-point preference, will retain
ing the same augmented numerical rat-their positions on the register's. Persons
(November 2, 1944)
UNITED STATES OF AMERICA
NOTES ON RATING AND ELIGIBILITY
68
whose names are entered on the list for request, to the restoration of his name
professional and scientific positions pay- to any register for which he obtained
ing over $3,000 per annum after the ef- eligibility legitimately, provided that
fective date of the act will be entered the register is still in existence. The
on the list in accordance with their eligibility of a person who has been de-
augmented ratings (departmental (ir- barred without reference to time limit
cular No. 493, July 3, 1944; action of will be canceled on all registers (Com-
Commission, July 26, 1944).*.
mission's minute 1 of March 9, 1938).
Effect on eligibility of reinstatement,
DURATION AND TERMINATION OF
transfer, or change in status.--When a
ELIGIBILITY
reinstatement, transfer, or change in
[See section 4 of war-service regulation III) status is authorized because of eligi-
Eligibility terminated by appoint-bility on a current competitive register
ment.–Either temporary, indefinite, or of a type and grade appropriate for the
permanent appointment to any position position, the eligible's name will be re-
under the Federal or District of Colum- moved from the competitive register.
bia government terminates eligibility on When a reinstatement, transfer, or
all registers for war-service appoint- change in status is authorized because
ment (action of Commission, May 1, of eligibility on an appropriate competi-
1942).
tive register of a higher grade, and
Eligibility terminated or canceled by carrying a larger salary than that of
debarment.--The eligibility of a person the position in which the appointment
who has been debarred for a specific is effected, the eligible's name will not
period will be suspended on all registers. be removed from the competitive
At the expiration of the debarment register. If an eligible has qualified in
period, consideration will be given, upon la series of grades under one examina-
(November 2, 1944)
NOTES ON APPEALS AND REVIEWS
175
NOTES ON APPEALS AND REVIEWS
APPEALS FROM COMMISSION DECISIONS
Jurisdiction to determine eligibility - Appeals from efficiency ratings.-See
Jurisdiction to determine the eligibility page 403.
of an applicant for appointment in the Appeals from refusals to grant state-
classified service lies with the Civilments of availability.See notes on
Service Commission (28 Op. Atty. Gen. page 83.01, and Regulation 5 of the War
393, August 1, 1910).
Manpower Commission, page 353.
The Commission will not pass upon Appeals from examination rating.-
the eligibility or suitability of Govern. Except in postmaster examinations,
ment employees investigated not as a appeals will not be entertained in in-
part of or concurrent with any civil- stances where the original action re-
service procedure but in connection sulted in eligibility and the appeal is
with some other law or procedure (Com- for a higher numerical rating within
mission's minute 1 of June 20, 1942). the same grade, whether the examina-
Difference between appeals and re- tion is assembled or unasseinbled. Ap-
views. For the duration of the emer- peals will be considered from applicants
gency the Board of Appeals and Review who have applied for a higher grade
will entertain appeals only in the fol- than that in which they were rated
lowing types of cases :
eligible (Commission's minute 2 of
(1) Appeals on suitability cases, in- February 17, 1942, as amended by min-
cluding loyalty, debarment, flagging, ute 2 of June 18, 1942).**
and in cases of central-office examina- Appeals as to the correctness of an in-
tions cancelation of applications for eligible examination rating, whether
any reason relating to suitability such based on original evidence or on new
as false statement, arrest record, use or additional evidence, will be con-
of intoxicants, etc.
sidered only for one year after the date
(2) Appeals on any matter relating the notice of rating or cancelation was
to Presidential and fourth-class post- mailed, provided :
master examinations.
(a) The receipt by the Commission
(3) Appeals from original action within the one-year period specified
taken under the provisions of the Re- above of an appeal, either written or
tirement Act of May 29, 1930, as personal, from the competitor or from
ainended.
an individual on his behalf, shall be
(4) Appeals relating to residence.
regarded as reopening the case.
All other types of appeals will, for
(b) At such time as the appeal in-
the duration of the emergency, be volved is taken up for consideration in
treated as requests for review and be its order of receipt, the appellant will
routed to the division of the office hav- be permitted, if such action is necessary
ing original jurisdiction of the case
or desirable, to submit voluntarily or
(Commission's minute 2 of May 1,
upon request new or additional evidence
1912).
of qualification, when it becomes ap-
Appeals from proposed removals.-
parent that such new or additional
See pages *177 and 183 with respect to
evidence is desirable, provided that such
removals generally, and notes on page
416 with respect to removals because of evidence through whatever source sub-
political activity.
mitteil is received within 30 days froin
Appeals from demotions, furloughs, or
the date of the notification to the ap-
separations in reductions of force. See pellant that such evidence is necessary
notes on page 191.
or desirable.
( November , 1941)
176 CIVIL SERVICE ACTS, RULES, AND REGULATIONS, ANNOTATED
.
(c) In the cases of applicants resid- mission must rely on statements made
ing outside the continental limits of the as confidential disclosures, and having
United States, the period of time speci- secured and accepted the information
fied abore for submission of new or ad- | under this stipulation there is created
ditional evidence shall be 90 days. a moral obligation to treat the evidence
(Commission's minute 1 of March 27, as confidential information. (See notes,
1942). ”
page 19, on “Production of Records.”)
Appeals from rejection on ground of Hence, the Commission cannot con-
physical unfitness.-For the duration of form to the practice, usually followed
the war, when the physical requirements in judicial proceedings, of establishing
for a given position have been modified all ultimate facts to be proven by the
in a later examination announced for introduction of direct oral testimony,
that position, action on appeals in the but in arriving at administrative deci-
case of applicants or prospective ap- sions need only base its determination
pointees, whether such eligibles or ap- upon such evidence as will, in its opin-
pointees be from the old or from the ion, serve to affirmatively establish con-
new register, will be based on the newest clusive presumptions of fact as to the
physical requirements for the position individual's possession of that degree of
(Commission's minute 2 of January 19, fitness, suitability, and general reputa-
1942).
tion which will safeguard the public
Admissibility of evidence in appeals.- interest by bringing into the classified
An adininistrative agency, such as the service well-qualified public servants
Commission, in reaching determinations whose official and personal standing
with respect to governmental functions in the community will not tend to bring
for which it is responsible, is not con- disrepute to the service. In the exer-
fined to the limitations which are es-cise of this selective process both the
sential in the case of judicial proceilure; Commission and its appellate tribunal
is the administrative appellate give clue consideration to the relial-
tribunal, the Commission's Board of bility of sources of information and
Appeals and Review before which the relevancy of facts which constitute the
appellant appears for hearing, bound basis for their administrative decisions
by rules of evidence which govern the commission's minute 1 of March 28,
('onduet of judicial appellate tribunals. 1940).
In arriving at administrative decisions, Granting and scope of formal hear-
the Board of Appeals and Review, which ings.—The following procedure will be
was created by administrative action of observed in connection with the grant-
the Commission, necessarily observes | ing and scope of formal hearings of all
the same latitude of action and, simi- | types:
larly, is restricted only by such general
(11) The Government agency or the
limitations of procedure as are followed individual desiring a hearing will be re-
by the Commission in reaching its adquired to submit in writing a detailed
ministrative determinations.
statement as to the reasons which it is
The organic act under which the Com- believed warrant a hearing, with com-
mission operates does not grant the plete information, together with any
supporting evidence which may be
power to subpoena witnesses to testify
at forinal or informal hearings where
pertinent in justification of the conten-
tion that either no consideration or in-
they might be questioned or cross-es-sufficient consideration was previously
amined by the appellant or his counsel ; given with respect to factors which
consequently, in adancing evidence es-
would be controlling in reaching a cor-
sential to consideration in arriving at leat determination of the matter in-
its administrative decisions the Com-volved.
nor
(November 2, 194+)
NOTES ON APPEALS AND REVIEWS
176.01
1
(0) When such information is re- procedure governs the conduct of hear-
ceived, it will be analyzed by the Boardings held by the Board of Appeals and
to determine whether or not a hearing Review :
is warranted on the basis of the facts (a) Hearings will not be open to the
presented.
general public but will be limited, so
(C) If, upon the basis of such far as attendance is concerned, to ap-
analysis, further inquiry is deemedpellants, their counsel or duly author-
desirable, the case will be referred to ized representative, witnesses, and
the appropriate division for appropriate other persons who in the opinion of the
action as specified by the Board. Board have a legitimate official inter-
(d) Upon the receipt of the report est therein.
from the division, the Board will again (0) Hearings will be stenographi-
analyze the file and determine whether cally reported except in cases where
or not a hearing will be granted.
the Board considers such action un-
(e) If a hearing is granted, it will be necessary.
restricted to those matters previously (c) Appellants or their representa-
submitted in writing which the Board tives will not be furnished with steno-
indicates as being pertinent to the sub-graphic transcripts of hearings, but will
ject under consideration, and the ap- be permitted to consult such transcripts
pellant will be advised, either in con- in the offices of the Board of Appeals
nection with the Board's communica- and Review.
tion or at the time of the hearing, or (d) All testimony will be given under
both, that in the public interest it will oath or afirmation.
be impossible to reveal any confidential (e) The introduction of irrelevant
information in the record beyond that testimony or statements will not be
which has been revealed in letters permitted.
addressed to the appellant or the Gov- (f) Appellants will be allowed to pro-
ernment agency, provided that previous duce witnesses for the purpose of testi.
communications have set forth in as fying to pertinent facts.
specific manner as possible the points (9) Appellants may present their
that are being given consideration in own cases or they may be presented
connection with the case.
by counsel or other duly authorized
(f) To the greatest extent possible, agents.
all so-called hearings as heretofore (h) Witnesses whose previous state-
specified will be considered as confer- ments have been accepted by the Com-
ences which, at the Board's discretion, mission as confidential (lisclosures will
may be conducted by the examiner not be called for the purpose of giving
handling the case without attendance on direct oral testimony at the hearing.
the part of Board members, and all such (i) The examiner who presents the
hearings and conferences shall, to the case for the Board of Appeals and Re-
greatest extent possible, be unreported. view will attempt to develop all perti-
(9) All personal appearances not nent information which has any bearing
covered by the foregoing shall be con- on the appellant's qualifications and
sidered as informal conferences (Com- suitability.
mission's minute 2 of February 7, 1942, (j) The Board may, in its discretion,
effective for the duration of the emer- designate qualified examiners to hold
gency).
the hearings (Commission's minute 1 of
Conduct of hearings.—The following | March 28, 1940).
(November 2, 1944)
177 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
*
!
APPEALS FROM DECISIONS OF OTHER AGENCIES
REGULATIONS GOVERNING APPEALS TO THE Regulation Applicability of
UNITED STATES CIVIL SERVICE COMMIS-
Regulations
SION UNDER SECTION 14 OF THE VET-
ERANS' PREFERENCE ACT OF 1944 5
SECTION 1. These regulations shall
govern appeals to the U. S. Civil Service
[Promulgated by departmental circu- Commission by permanent and indefinite
lar No. 507, November 4, 1944; 9 F. R. preference eligible employees from ad-
13189]
verse decisions of administrative officers
Under authority conferred upon the of the Federal government and the gov-
Civil Service Commission by sections ernment of the District of Columbia,
11, 14, and 19 of the Veterans' Preference
more specifically defined hereinafter:
Act of 1944 (Public Law 359-78th Con-
(a) Employees covered.--Employees
gress, 2d sess., approved June 27, 1944) 5
affected are permanent and indefinite
the following regulations are prescribed preference eligible employees who have
for the enforcement and administration completed a probationary or trial period
of the provisions of section 14 of the
(where a probationary or trial period
act, relating to appeals to the Commis-
was provided) or one year of current
sion. Section 14 of the act provides continuous employment, in the civil
for appeals by certain classes of em-
service, or in the service of an establish-
ployees entitled to preference under the
ment, agency, bureau, administration,
act from adverse decisions of adminis- project or department created by acts
trative officers of the Federal govern- of Congress or Presidential Executive
ment and the government of the Dis-order, or in the service of the District
trict of Columbia relating to discharges, of Columbia, except employees under
suspensions for more than thirty (30)
the legislative or judicial branch of the
days, furloughs without
рау and
government, and employees who were
reductions in rank or compensation
appointed to any positions required to
for reasons other than reduction in
be confirmed by or made with the advice
The purpose of these
and consent of the United States Senate
regulations is to establish procedures other than postinasters in the offices of
which will carry into full effect the
the first, second and third classes."
intent of section 14 of the Veterans'
(6) "Preference eligible
Preference Act and safeguard the rights
ployees".-The term "preference eligible
of the employees affected.
employees" referred to in this section
5 For text of the Veterans' Preference Act
includes the following persons: 8
of 1914, see page 10.
o Regulations governing reductions in force, (1) Those ex-service men and women
including appeals therefrom, appear on page who have served on active duty in any
185 and the following pages. - Appeals in
branch of the armed forces of the United
connection with reductions in force which
are governed by those regulations will con-
States and have been separated there-
tinue to be processed as heretofore by the Per- from under honorable conditions and
sonnel Classification Division of th: Com-
mission (departmental circular No. 507, No- ? The exceptions are based on section 20 of
vember 4, 1944). The omitted material in the Veterans' Preference Act of 1944 (page
dicated by asterisks consisted of citations to 10.06).
the departmental circular and page of the 8 This definition is based on sections 2 and
Federal Register on which the reduction-in- 18 of the Veterans' Preference Act of 1944
force regulations were printed. For corre- (pages 10 and 10.06, respectively). As to
sponding citations in the case of the current determination whether or not an employee is
reduction-in-force regulations, see page 185. entitled to preference, see pages 76 to 79.
force.
e m-
(November 2, 1944)
**
NOTES ON APPEALS AND REVIEWS
177.01
*
who have established the present exist- | if such separation was under honorable
ence of a service-connected disability or conditions.
who are receiving compensation, dis- (c) Adverse decisions which may be
ability retirement benefits, or pension appealed.-Appeals may be made from
by reason of public laws administered by the decisions of administrative officers
the Veterans Administration, the War in cases of discharges, suspensions for
Department or the Navy Department; more than thirty (30) days, furloughs
(2) The wives of such service-con- without pay and reduction in rank or
nected disabled ex-servicemen as have compensation for reasons other than re-
themselves been able to qualify for duction in force which are covered by
any civil service appointment;
Reduction in Force Regulations set forth
(3) The unmarried widows of de- in Departmental Circular No. 500 of
ceased ex-servicemen who served on August 5, 1944; Vol. 9, Federal Register
active duty in any branch of the armed Page 9575 of August 8, 1944.10
forces of the United States during any SEC. 2. These regulations are appli-
war, or in any campaign or expedition cable to cases where it is proposed to
(for which a campaign badge has been reduce the salary of an employee on the
authorized), and who were separated basis of a "Fair" efficiency rating, re-
therefrom under honorable conditions ; quiring such salary reduction, and in
(+) Those ex-servicemen and women cases where it is proposed to separate or
who have served on active duty in any demote an employee on the basis of an
branch of the armed forces of the United "Unsatisfactory" efficiency rating," but
States, during any war, or in any cam- do not affect the right of the employee
paign or expedition (for which a cam- to appeal for a review of his efficiency
paign badge has been authorized), and rating to an efficiency rating board of
have been separated therefrom under review."
honorable conditions ;
Sec. 3. These regulations are not ap-
(5) Those persons who on the ef- plicable to decisions of the Civil Service
fective date of these regulations were Commission relative to applications, ex-
entitled to preference and employed in aminations, promotions, transfers, rein-
the Federal government or in the gov- statements, - reappointments, classifica-
ernment of the District of Columbia,
and those whose names were on such
"As to determination whether or not a par-
ticular separation was under honorable con-
date on eligible registers or employment ditions, see page 76.07.
lists of the Civil Service Commission or 10 Regulations governing reductions in
other agency authorized to maintain force, including appeals therefrom, appear on
page 185 and the following pages.
registers and employment lists.
For cita-
tions to the departmental circular and page
Separation under "honorable condi- of the Federal Register on which these regula-
tions" means separation from active tions were printed, see page 185.
duty in any branch of the armed forces
11 As to demotions and separations for
"Fair" or "Unsatisfactory" efficiency rat-
by transfer to inactive status, transfer
ings, see page 165.01.
to retired status, acceptance of a resig-
regulations governing efficiency.
nation, or the issuance of a discharge, rating boards of review, see page 404.
12
12 For
(November 2, 1944)
177.02 CIVIL SERVICE ACTS, RULES, AND REGULATIONS, ANNOTATED
13
tions and other civil service proceedings, SEC. 3. The advance written notice
nor to actions of administrative officers which is required when a proposed ad-
which are taken under instructions from verse action is sought by an employing
the Civil Service Commission in cases agency, shall be submitted to the em-
in which the Commission has jurisdic- ployee at least thirty (30) days before
tion. Appeals in such cases will con- the effective date of such proposed ac-
tinue to be entertained by the Commis- tion, and during such thirty (30) day
sion in accordance with its established period the employee shall continue in
administrative procedures."
an active duty status; but in cases of
furlough without pay due to unforesee-
Regulation II-Notification of Proposed able circumstances such
as sudden
Actions, Charges and Opportunity for breakdowns in equipment or acts of
Answer
Goch, advance notice shall not be nec-
SECTION 1. No employee covered by sary.
these regulations shall be discharged,
SEC. 4. In cases where it is proposed
suspended for more than thirty (30) to reduce the salary of an employee on
days, furloughed without pay, reduced the basis of a “Fair” efficiency rating,
in rank or compensation, or debarred requiring such salary reduction, and
for future appointment except for such in cases where it is proposed to sepa-
cause as will promote the efficiency of rate or demote an employee on the basis
the service and for reasons given in of an “Unsatisfactory" efficiency rating,
writing, and the employee whose dis- the employee shall be given the advance
charge, suspension for more than thirty notice in writing of the proposed action
(30) days, furlough without pay, or re- at least thirty (30) days before the effec-
duction in rank or compensation is tive date and said notice shall inform
sought shall have at least thirty (30) the employee of his right to answer
days advance written notice (except within a reasonable time and object to
where there is reasonable cause to be the proposed action and show cause why
lieve the employee to be guilty of a it should not be taken." This right of
crime for which a sentence of imprison- advance notification of proposed action
ment can be imposed), stating any and based on an unfavorable efficiency rating
all reasons, specifically and in detail, does not affect the right of an employee
for any such proposed action.
to appeal for a review of his efficiency
SEC. 2. A reasonable time shall be al-rating to a board of review established
lowed employees for answering person- Classification Act, 1923, as amended by
under the provisions of section 9 of the
ally and in writing, charges and notific section 7 of the act of November 26,
cations of proposed adverse actions, and
1910.18
for furnishing affidavits in support of
such answers, and the reasonable time 14 As to demotions and separations for
required shall depend on all the facts / "Fair" or "Unsatisfactory" efficiency ratings,
see page 165.01.
and circumstances of each case, and be
10 The omitted material indicated by as-
sufficient in all cases to afford the em- terisks consists of citations to the regulations
ployee ample opportunity to prepare Executive Order 9252, which is reprinted on
governing reviews of efficiency ratings:
answers and secure affidavits.
page 404 of this book; Departmental cir-
cular No. 265, revised, of October 22, 1942;
13 As to these procedures, see pages 175 and supplement i thereto, of October 27,
to 176.
1912,
(November 2, 1944)
NOTES ON APPEALS AND REVIEWS
178
Regulation III-Adverse Decisions of the effective date of these regulations,
Administrative Officers of Agencies unless good cause is shown for failure
Adverse decisions by administrative
to file the appeal within the prescribed
officers following notifications of pro-
period.
posed adverse actions, charges and an- Regulation V-Form of Appeal
swers of employees, shall be in writing
and dated and submitted to the em-
The appeal of the employee to the
ployee prior to or on the effective date Commission shall be in writing and (1).
of the action and shall set forth (a) any and circumstances of the adverse de-
shall set forth in detail all the facts
and all reasons, specifically and in de-
tail, for the adverse decision ; and (0) | cision; (2) shall be accompanied by
a statement of the right of the employee copies of charges, answer, affidavits in
to appeal the decision to the U. S. Civil support of answer, and notice of the
Service Commission.
adverse decision, and by such docuinen-
tary evidence in support of the appeal as
Regulation IV-Appeals to the U. s. the employee may wish to submit; (3)
Civil Service Commission
shall state whether the employee de-
sires to make a personal appearance or
SECTION 1. After receipt by the em-
ployee of notice of an adverse decision
an appearance through or accompanied
or of a notification of proposed action by a representative designated by him
which is defective because the period of before a representative of the Commis-
required advance notice is less than sion; (4) shall be supported by accep-
thirty (30) days or for other reasons,
table evidence of entitlement to prefer-
ence and (5) shall set forth detailed
such employee may, as a matter of right,
information regarding the employee's
appeal to the Commission immediately
or within a reasonable time thereafter.
status, such as the date and nature of
Sec. 2. Thirty (30) days from the appointment and whether the employee
has completed a probationary or trial
date of receipt of notice of an adverse
decision or a defective notification of period or one year of current continuous
employment in the civil service of the
proposed action shall be considered a
Federal
government District of
reasonable time to prepare and submit
Columbia, and any other data bearing
an appeal under this regulation, but the
Commission may, in its discretion, and
on whether the employee is within the
purview of these regulations.
where good cause is shown for failure to
file the appeal within the prescribed Regulation VI—Where Appeals Shall Be
period, consider appeals submitted after
Filed
the expiration of thirty (30) days.
SEC. 3. Nothing in this regulation
Appeals from employees in the De-
in
shall affect the right of an employee to
partmental Service Washington,
D. C., and the metropolitan area shall
appeal an adverse decision occurring
between the time of the effective date be submitted to the Chief Law Officer,
of the Veterans Preference Act of 1944 United States Civil Service Commission,
(June 27, 194+) and the date of the Washington 25, D. C.; appeals from em-
promulgation of these regulations; pro-
ployees in the Field Service in Wash-
vided, that such an appeal is made to
10 The effective date of the regulations is
the Commission within six months after June 27, 1944.
+
or
1
(November 2, 1944)
178.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
*
ington, D. C., and the metropolitan area Sec. 3. The evidence submitted by the
shall be submitted to the Manager, employee in connection with his appeal
Branch Regional Office, Fourth U. S. will be discussed by the investigator
Civil Service Region, Washington 25, of the Commission with the administra-
D. C., and appeals from employees out- tive officer who made the decision and
side of these areas shall be submitted to other proper officials of the employing
the Director of the appropriate Civil agency concerned, and such officials
Service Region or Manager of any shall be requested to state their side
Branch Regional Office.
of the case. Similarly the employee
should be informed of the information
Regulation VII-Preliminary Consider-
furnished by the officials of the agency
ation of Appeals in the Commission
and given the opportunity to insert his
When an appeal is received it will be side of the case into the record of
examined for the purpose of determin- investigation.
ing whether or not it is within the scope Note: For the duty of officers and em-
of these regulations. If the determi-ployees in the executive civil service to
nation is that it is not, the employee furnish proper and competent informa-
will be so advised and informed as to the tion and testimony to the Commission
basis for such determination. There and the penalties provided for refusal
after the employee or his designated rep- to do so by incumbents in classified
resentative may make request for recon- civil service positions see Civil Service
sideration of this determination and may Rules XIV and XV (5 Code of Federal
submit evidence and make representa- Regulations, Cum. Supp. 14.1 and 15.1)."
tions in support of his request. The
record will then be considered and the
Regulation IX-Hearings
employee or his designated representa-
SEC. 1. The appellant shall have the
tive advised as to the decision reached. right to appear personally or through or
If it is found to be an appeal within the
accompanied by a designated repre-
purview of the regulations, it will be sentative in connection with his ap-
docketed for investigation adjudication
peal and if an appellant has expressed
and the employee or his designated rep- the desire for such a personal appear-
resentative and the employing agency
ance arrangements will be made for a
will be so advised.
hearing following the investigation.
Regulation VIII–Investigations
SEC. 2. If the appellant and the em-
ploying agency are located in or near
SECTION 1. Investigations will be made Washington, D. C. or any Regional Of-
as necessary, to develop all the facts and fice or Branch Regional Office of the
circumstances relative to the adverse Commission, a hearing will be scheduled
decision and to obtain necessary copies and notifications thereof transmitted to
of the official record, charges, answer, the appellant or his designated repre
decision and the reasons therefor, and
sentative and to the employing agency,
pertinent testimony of witnesses.
Sec. 2. Testimony of witnesses will be advising the latter that it may partici-
by affidavit, without any pledge of 17 Rules XIV and XV appear on pages 286
confidence.
and 288, respectively, of this book.
(November 2, 1944)
NOTES ON APPEALS AND REVIEWS
178.02
pate, and informing both parties of a lopen to the general public or the press
right to produce evidence and witnesses and attendance shall be limited to per-
SEC. 3. If it is not practicable to sons having a direct connection with the
schedule a joint hearing of all parties appeal.
concerned because the appellant and the SEC. 7. The Commission does not have
officials of the employing agency are not the power of subpoena and appellants
located in or near Washington, D. C. or and their designated representatives,
a Regional Office or a Branch Regional and employing agencies, will be required
Office of the Commission, or because to make their own arrangements for the
the parties cannot for other reasons be appearance of witnesses.
conveniently brought together at a suit- SEC. 8. Copies of transcripts of hear-
able point, the employee will be accorded ing will not be furnished but the record
such hearing as the circumstances will will be made available for inspection in
permit, any question of fact being there. accordance with Regulation XII.
after resolved by such further contacts
and investigation as may be found Regulation X-Decision in the
necessary.
Commission
SEC. 4. Hearings will be conducted by
SECTION 1.—The decision on the ap-
-
a representative of the Cominission in
peal shall be made by the Chief Law
an informal manner with an opportunity
Officer or the Regional Office, as appro-
afforded for the introduction of evi-
priate, in a formal finding, consisting of
dence, including testimony and state-
an analysis of the evidence, the reasons
ments by the appellant and his desig-
for the conclusions reached and
nated representative and witnesses and
recommendation for action to be taken
representatives of the employing agency
by the employing agency concerned.
and witnesses, and for the cross-exami-
Sec. 2. Copies of the analysis, con-
nation of witnesses.
clusions and recommendation shall be
Sec. 5. Rules of evidence will not be furnished to the employing agency and
strictly applied during hearings, but the
to the appellant or his designated repre-
Comission representative in charge of
the hearing shall use reasonable discre- notified of the right of a further appeal
sentative, and both parties shall be
tion to exclude irrelevant testimony.
to the Commissioners of the U. S. Civil
SEC. 6. The testimony at hearings Service Commission, Washington, D. C.
shall be under oath. Hearings in re-
gional offices, branch regional offices, and Regulation X-Further Appeals in
the Office of the Chief Law Officer will
Cases to the Commissioners, U. S.
be recorded stenographically. Hearings Civil Service Commission, Washing-
in the field will be so recorded if suit-
ton, D. C.
able stenographic service is available.
If no such service is available, state-
SECTION 1. An appeal may be made by
ments of the appellant, his designated the employee or employing agency
representative and witnesses will be re- affected from a decision of the Chief
duced to writing and sworn to and inat- Law Officer or Regional Office to the
ters agreed to be “off the record" will Commissioners of the U. S. Civil Service
not be recorded. Hearings will not be Commission within thirty (30) days of
a
(November 2, 1944)
179 CIVIL SERVICE ACTS, RULES, AND REGULATIONS, ANNOTATED
*
the date of receipt of notification of the Regulation XII-Availability of Coni-
decision.
mission's Appeals Records
SEC. 2. Appeals under this regulation
By suitable prearrangement the rec-
shall be referred to the Board of Ap-lord of the Commission relative to an
peals and Review of the Commission in appeal shall be available for inspection
Washington, D. C. for appropriate ac- in the Central Office at Washington,
tion and recommendation to the Com- 1). C., or any of the various Regional
missioners.
Offices or Branches of Regional Offices,
Sec. 3. The Board of Appeals and by the appellant, his designated repre-
Review shall review the record and in its sentative and representatives of the em-
discretion grant hearings with an oppor-ploying agency, except that where it is
tunity for the production of evidence determined that the disclosure of any
and cross-examination of witnesses. part of the record to the veteran may be
SEC. 4. Decisions on appeals to the injurious to his health, such part of the
Commissioners will be transmitted to record shall not be disclosed to him, but
the appellant or his designated repre- may, in the discretion of the Commis-
sentative and the employing agency sion, be disclosed to the representative
concerned with notifications to both designated by him.
parties that no further appeals will be
Regulation XIII
entertained as to the particular case
These Regulations shall be effective
unless new and material evidence is as of June 27, 1944, the effective date
submitted.
of the Veterans Preference Act of 1944.
(November 2, 1944)
WAR MANPOWER COMMISSION, DIRECTIVES AND REGULATIONS 351
respect to variations therefrom to the Director of the Bureau of the
Budget.
IV. Whenever the Civil Service Commission shall have reason to
believe that the results described in clause (a), (6), or (c) of para-
graph I hereof are occurring or are likely to occur, with respect to
positions in the Federal service for which wage scales are fixed on a
prevailing rate basis, it shall take such action as may be appropriate
to promote such adjustments of such wage rates or other action by
the departments or agencies concerned, as may appear proper or nec-
essary to effectuate the purposes of this directive.
V. The Civil Service Commission is authorized and directed to
adopt such measures and take such action as may be necessary and
appropriate to carry out the provisions of this directive.
VI. The Civil Service Commission shall prescribe such rules or
regulations as may be necessary to assure that the incumbent of any
position whose rate of pay will be reduced by reason of any action pur-
suant to paragraph II hereof is provided, prior to such reduction, a fair
opportunity to present to the Civil Service Commission, his objections
thereto.
VII. This Directive may be cited as the “Directive with Respect to
Classification Standards for positions in the field services of executive
departments and agencies of the Federal Government."
WAR MANPOWER COMMISSION REGULATION 4
TRANSFER OF WORKERS AT INCREASED RATES OF PAY 2
[Promulgated by the Chairman of the War Manpower Commission, August 13,
1943; 8 F. R. 11337]
904.1. General.-The employment by any employer of a new em-
ployee or the acceptance of employment by a new employee at a wage
or salary rate higher than that received by such new employee in his
last employment is prohibited if the employment is in violation of the
provisions of an employment stabilization program approved by the
War Manpower Commission.
904.2. Collective bargaining agreements.-Nothing in this regulation
shall be construed to prejudice existing rights of an employee or an
employer under a collective bargaining agreement.
* Section 3 of Executive Order No. 9328 provides as follows:
"The Chairman of the War Manpower Commission is authorized to forbid the employment
by any employer of any new enployee or the acceptance of employment by a new employee
except as authorized in accordance with regulations which may be issued by the ("hairman
of the War Manpower Commission, with the approval of the Economic Stabilization Director,
for the purpose of preventing such employment at a wage or salary higher than that received
by such new employee in his last employment unless the change of employment would aid
in the effective prosecution of the war."
352 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
!
904.3. Exclusions.28_No provision of this regulation shall be appli-
cable to:
(a) The hiring of a new employee for agricultural employment;
*
*
*
(6) The hiring of an employee in any Territory or possession of the
United States, except Alaska and Hawaii;
(c) The hiring by a State, county, or municipal government, or
· their political subdivisions, or their agencies and instrumentalities,
**unless such State, county or municipal government, or any political
subdivision or agency, or instrumentality has indicated its willingness
to conform, to the maximum extent practicable under the Constitution
and laws applicable to it, with this regulation;
(d) The hiring of a new employee for domestic service.**
904.4. Definitions.—As used in this regulation:
(a) “Agriculture” means those farm activities carried on by farm
owners or tenants on farms in connection with the cultivation of the
soil, the harvesting of crops, or the raising, feeding, or management
of livestock, bees, and poultry, and shall not include any packing, can-
ning, processing, transportation or marketing of articles produced on
farms unless performed or carried on as an incident to ordinary farm-
ing operations as distinguished from manufacturing or commercial
operations.
(6) "State" includes Alaska, Hawaii, the District of Columbia, and
any foreign government.
(c) “New employee" means any individual who has not been in the
employ of the hiring employer at any time during the preceding 30-day
period. *For the purpose of this definition, supplemental, casual
or other types of short-time or intermittent employment excluded
under the applicable employment stabilization program, shall be
disregarded.*
904.5. Penalties. The violation of this regulation is subject to the
penal provisions of the act of October 2, 1942 (Public No. 729, 77th
Cong.). The provisions of section 4001.10 of the regulations of the
Economic Stabilization Director issued October 27, 1942, apply to any
wages or salaries determined by the War Manpower Commission to
have been paid in violation of this regulation.
904.6. Saving clause.—All offenses committed, and all penalties, for-
feitures, or liabilities incurred prior to August 16, 1943, under War
*2e As amended October 21, 1944 (9 F. R. 12917).*
(November 2, 1944)
616995 0 - 44 - 2
WAR MANPOWER COMMISSION DIRECTIVES AND REGULATIONS 359
(a) General.—A new employee, who during the preceding 60-day
period was engaged in an essential or locally needed activity, may be
hired only if such hiring would aid in the effective prosecution of the
war. Such hiring shall be deemed to aid in the effective prosecution
of the war only if:
(1) Such individual is hired for work in an essential or locally need-
ed activity or for work to which he has been referred by the United
States Employment Service, and
(2) Such individual presents a statement of availability from his
last employment in an essential or locally needed activity, or is re-
ferred by the United States Employment Service of the War Man-
power Commission, or is hired with its consent, as provided herein.
(6) Issuance of statements of availability by employers.--An individ-
ual whose last employment is or was in an essential or locally needed
activity shall receive a statement of availability from his employer if:
(1) He has been discharged, or his employment has been otherwise
terminated by his employer, or
(2) He has been laid off for an indefinite period, or for a period of
seven or more days, or
(3) Continuance of his employment would involve undue personal
hardship, or
(4) Such employment is or was at a wage or salary or under work-
ing conditions below standards established by State or Federal law
or regulation, or
(5) Such employment is or was at a wage or salary below a level
established or approved by the National War Labor Board (or other
agency authorized to adjust wages or approve adjustments thereof)
as warranting adjustment, and the employer has failed to adjust the
wage in accordance with such level or to apply to the appropriate
agency for such adjustment or approval thereof.
(c) Issuance of statements of availability by United States Employment
Service.—(1) A statement of availability shall be issued promptly to
an individual when any of the circumstances set forth in paragraph
(6) is found to exist in his case. If the employer fails or refuses
to issue a statement, the United States Employment Service of the
War Manpower Commission, upon finding that the individual is en-
titled thereto, shall issue a statement of availability to the individual.
(2) A statement of availability shall be issued by the United States
Employment Service to any individual in the employ of an employer
who the War Manpower Commission finds, after notice, hearing and
final decision, has not complied with any War Manpower Commission
employment stabilization program, regulation or policy, and for so
long as such employer continues his non-compliance after such finding.
360 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
(d) Referral in case of under-utilization.-If an individual is em-
ployed at less than full time or at a job which does not utilize his
highest recognized skill for which there is a need in the war effort,
the United States Employment Service may, upon his request, refer
him to other available employment in which it finds that the indi-
vidual will be more fully utilized in the war effort.
(e) Workers who may be hired only upon referral by the United States
Employment Service. A new employee may not be hired solely upon
presentation of a statement of availability, but may be hired only
upon referral by, or in accordance with arrangements with, the
United States Employment Service when:
(1) The new employee is to be hired for work in a critical occu-
pation, or his statement of availability indicates that his last employ-
ment was in a critical occupation.
(2) The new employee has not lived or worked in the locality of
the new employment throughout the preceding 30-day period.
(3) The new employee's last regular employment was in agricul-
ture and he is to be hired for non-agricultural work provided that
no such individual shall be referred to non-agricultural work except
after consultation with a designated representative of the War Food
Administration, and provided that such an individual may be hired
for non-agricultural work for a period not to exceed six weeks with-
out referral or presentation of a statement of availability.
(f) Exclusions. —No provision of the employment stabilization pro-
gram shall be applicable to:
(1) The hiring of a new employee for agricultural employment;
*
*
*
*
*
(2) The hiring of an employee in any Territory or possession of
the United States, except Alaska and Hawaii;
(3) The hiring by a foreign, State, county, or municipal govern-
ment, or their political subdivisions, or their agencies, and instrumen-
talities, or *(for purposes of section 907.4 (a) only) to the hiring of
any of their employees, unless such foreign, State, county, or municipal
government, or political subdivision or agency or instrumentality has
indicated its willingness to conform, to the maximum extent practicable
under the Constitution and laws applicable to it, with the program;
(4) The hiring of a new employee for domestic service;**
(5) The hiring of a school teacher for vacation employment or the
rehiring of a school teacher for teaching at the termination of the
vacation period.
** As amended October 21, 1944 (9F. R. 12917).*
t
(November 2, 1944)
WAR MANPOWER COMMISSION DIRECTIVES AND REGULATIONS 361
(9) Appeals.—Any worker or employer may appeal from any act or
failure to act by the War Manpower Commission under the employ-
ment stabilization program, in accordance with regulations and pro-
cedures of the War Manpower Commission.
(k) Content of statements of availability.-A statement of availability
issued to an individual pursuant to the program shall contain only
the individual's' name, address, social security account number, if any,
the name and address of the issuing employer, or War Manpower
Commission officer and office, the date of issuance, a statement as to
whether or not the individual's last employment was in a critical
occupation, and such other information not prejudicial to the employee
in seeking new employment as may be authorized or required by the
War Manpower Commission.
(i) Solicitation of workers.—No employer shall advertise or otherwise
solicit for the purpose of hiring any individual if the hiring of such an
individual would be subject to restrictions under the employment
stabilization program, except in a manner consistent with such
restrictions.
(i) Hiring --The decision to hire or refer a worker shall be based
on qualifications essential for performance of or suitability for the job,
and shall be made without discrimination as to race, color, creed, sex,
national origin, or except as required by law, citizenship.
(k) Representation. Nothing contained in the program shall be con-
strued to restrict any individual from seeking the advice and aid of,
or from being represented by, the labor organization of which he is a
member or any other representative freely chosen by him, at any step
in the operation of the program.
(7) General referral policies.-No provision in the program shall limit
the authority of the United States Employment Service to make re-
ferrals in accordance with approved policies and instructions of the
War Manpower Commission.
907.5. Optional provisions. Regional and Area Manpower Directors,
after consultation with their Management-Labor War Manpower
Committees, may include in employment stabilization programs pro-
visions such as the following designed to meet special manpower needs
in the localities affected, but, except as #specifically authorized herein,*
no such provision shall conflict with section 907.4 of this regulation
or with any State or Federal law : 5
(a) Subject to standards and instructions approved by the Chair-
man of the War Manpower Commission, provision for adding to sec-
tion 907.4 (e) of this regulation the following categories of individuals
* As amended October 21, 1944 (9 F. R. 12917).*
(November 2, 1944)
362 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
5
who must be hired only upon referral by, or in accordance with ar-
rangements with, the United States Employment Service:
(1) Individuals for work in specified categories of occupations in
activities in which manpower shortages threaten critically needed
production, or
(2) Individuals for work in specified shortage occupations (in ad-
dition to critical occupations), or
(3) Individuals whose statements of availability indicate that they
were most recently employed in such occupations, or
(4) Individuals who can be readily identified as able to meet speci-
fications required for work in such occupations or activities, or
(5) All individuals. A program containing such a provision may
apply only to a labor market area which, on the date of the approval of
the program, was classified by the War Manpower Commission as a
"Group I," or "Group II," area. Such a program, may, notwithstand-
ing anything to the contrary in this regulation, include necessary
modifications of section 907.4.6
(6) Provisions designed to protect individuals from loss of seniority
or other reemployment rights.
(c) Provisions designed to require or promote more effective utiliza-
tion of their manpower by employers.
(d). Provisions designed further to control advertising or other
solicitation of individuals.
(e) Provisions designed to afford individuals a greater measure of
protection against arbitrary discharge.
(f) Provisions designed to facilitate the employment of individuals
during vacation, probationary, off-season, or other short periods in
work other than that in which they have customarily engaged, and
to facilitate the return of such persons to their customary employment.
(9) Provisions governing the release of individuals by employers
by whom they were hired or solicited in violation of employment
stabilization programs, *provisions for disregarding for purposes of
the 60-day clause in' section 907.4 (a) hereof, periods during which
individuals were employed in violation of employment stabilization
programs or in employments excluded from the programs,* and other
provisions pertaining to the enforcement of a program.
7
6 As amended May 19, 1944 (9 F. R. 5400).
6 Under an administrative order of the Chairman of the War Manpower Commission,
dated June 1, 1944, regional directors of the War Manpower Commission have been ordered
to establish, not later than July 1, 1944, a program of priority referral for male workers,
with adaptations to meet the needs of the situation deterinined after consultation with
appropriate Management-Labor Committees. (Priority referral is a program which provides
that employers, except agricultural employers, in any area may hire workers only from
among those referred by the United States Employment Service of the War Manpower
Commission or in accordance with arrangements approved by the United States Employ.
ment Service, so that workers may be referred to jobs in the order of the relative impor-
tance of those jobs to the war effort.) Workers excluded from the application of stabiliza-
tion programs under paragraph (f) of section 907.4.of Regulation 7 (see page 360) are
likewise excluded from the application of this administrative order. As to the effect of
priority referral programs on recruitment for Federal positions, see page 82.01.
*? As amended October 21, 1944 (9 F. R. 12917).*
(November 2, 1944)
WAR MANPOWER COMMISSION DIRECTIVES AND REGULATIONS 362.01
(h) Provisions designed to minimize loss of working time of appli-
cants for statement of availability or referral.
(i) Provisions designed (1) to permit the hiring of an individual by,
or of an individual whose last regular employment was with, a small
establishment without regard to the requirements of the program,
except that no establishment regularly employing more than eight em-
ployees shall be treated as a small establishment for the purpose of
this paragraph, *or (2) to exclude from the requirements of the pro
gram the hiring of individuals last employed in domestic service or
last employed by foreign, State or local governments or their instru-
mentalities, or (3) to exclude the hiring of individuals for supple-
mental or casual work, or for other types of shorttime or intermittent
employment, the coverage of any of which would involve undue admin-
istrative burdens and would not measurably contribute to the accom-
plishment of the objectives of this regulation.*
(j) Subject to standards and instructions approved by the Chair-
man of the War Manpower Commission, provisions for regulating
the hiring of new employees through the establishment of fair and
reasonable employment ceilings which limit the number of workers or
of specified types of workers which may be employed in an establish-
ment or place of employment during specified periods.
*(k) Provision for initial issuance of statements of availability by
the United States Employment Service in lieu of the individual's em-
ployer under some or all of the circumstances set forth in section
907.4 (6) of this regulation.io
(1) Provisions which while conflicting in substantive respects with
section 907.4 of this regulation, are approved by the Chairman of the
War Manpower Commission after consultation with the Management-
Labor Policy Committee and after a finding by him (1) that such
provisions are necessary to meet manpower problems peculiar in the
locality to which the program applies and are consistent with the
fundamental objectives and policies upon which the regulation is based,
and (2) that such provisions have previously received the unanimous
recommendation of the appropriate area or regional Management-
Labor War Manpower Committee and manpower director.10*
*8 As amended October 21, 1944 (9 F. R. 12917).*
9 Added May 19, 1944 (9 F. R. 5400).
Employment ceilings for Federal agencies are established by Area Manpower Priorities
Committees. An administrative order of the Chairman of the War Manpower Commission
required the establishment of employment ceilings for all labor shortage areas (Group I
and Group II) by July 1, 1944. The Civil Service Commission is not automatically repre-
sented on all Manpower Priorities Committees, but may be so represented where Federal
agencies represent important claimants for manpower in the area. For more details as
to employment ceilings in their relation to Federal employment, see page 47.
*10 Added October 21, 1944 (9 F. R. 12917).*
(November 2, 1944)
363 CIVIL SERVICE ACTS, RULES, AND REGULATIONS, ANNOTATED
907.6. Definitions.—As used in this regulation:
(a) “Agriculture” means those farm activities carried on by farm
owners or tenants on farms in connection with the cultivation of the
soil, the harvesting of crops, or the raising, feeding, or management
of livestock, bees, and poultry, and shall not include any packing, can-
ning, processing, transportation or marketing of articles produced on
farms unless performed or carried on as an incident to ordinary farm-
ing operations as distinguished from manufacturing or commercial
operations.
(6) "State” includes Alaska, Hawaii, and the District of Columbia.
(c) “New employee” means any individual who has not been in the
employment of the hiring employer at any time during the preceding
30-day period. For the purpose of this definition, *supplemental,
casual or other types of short time or intermittent employment, ex-
cluded under the program, shall be disregarded.11*
(d) “Critical occupation" means any occupation designated as a
critical occupation by the Chairman of the War Manpower
Commission.
(e) “Essential activity” means any activity included in the War
Manpower Commission List of Essential Activities.
(f) "Locally needed activity” means any activity approved by the
Regional Manpower Director as a locally needed activity.
(9) The terms "employment” and “work” as applied to an individ-
ual engaged in principal and supplementary employments mean his
principal employment.
(h) “Employment stabilization program” includes any arrange-
ment involving restrictions on separation or hiring of workers, whether
through issuance of statements of availability, referral by the United
States Employment Service or otherwise.
907.7. Revocation of previous policies.—The War Manpower Commis-
sion Policy to Prevent Pirating of War Workers, dated July 16, 1942,
War Manpower Commission Policies for Employment Sta-
bilization Programs Which Include the Exercise of Hiring Controls
in Areas of Manpower Shortage, effective February 1, 1943,
are hereby revoked, effective August 16, 1943, together with all instruc-
tions and procedures previously issued by the War Manpower Com-
mission relating to the formulation and content of employment stabil-
ization programs.
907.8. Effective date. This regulation shall become effective August
16, 1943.
*
**
*
* Added October 21, 1944 (9 F. R. 12917).*
(November 2, 1944)
HOURS OF LABOR
470
I
on
Or
controlled corporations, except those iinum number of hours of work per
specified in section 2 of Part I.
week specified by the general public
SECTION 2. Employees to whom these regulations issued by the head of a de-
regulations do not apply.-These regula- partment or independent establishment
tions do not apply to:
pursuant to seccion 2 of the act of
(a) Elected officials;
March 14, 1936, 49 Stat. 1161, 5 U. S. C.
(0) Heads of departments, independ- 29a;al and in accordance with appli-
ent establishments, and agencies;
cable circulars of the Bureau of the
(c) Officers and employees in or un- | Budget.
der the field service of the Post Office SECTION 2. Full-time employees.-Fúll-
Department;
time employees are employees who are
(d) Employees whose wages are fixed regularly required to work, as a min-
a daily or hourly basis and ad imum, the number of hours in the ad-
justed from time to time in accordance ministrative workweek specified for
with prevailing rates by wage boards employees in their respective groups.
similar administrative authority
SECTION 3. Part-time employees.
serving the same purpose ;
Part-time employees are employees who
(e) Employees in or under the Gov. are regularly required to work a speci-
ernment Printing Office or the Tennes-fied minimum number of hours per week
see Valley Authority whose wages are administratively fixed in advance at
fixed on a monthly or yearly basis and less than the administrative workweek
adjusted from time to time in accord- for similar employees in the same de-
ance with prevailing rates by wage partment or agency. Such employees
boards or similar administrative au shall be considered part-time employees
thority serving the same purpose; if they are required to work a specified
(f) Employees outside the conti- minimum number of hours per week
nental limits of the United States, in-notwithstanding the fact that they do
cluding Alaska, who are paid in accord- not work the same number of hours
ance with local prevailing native wage each day.
rates for the area in which employed; SECTION 4. Piece-work and fee basis
(9) Officers and employees of the In- employees.--Piece-work and fee basis
land Waterways Corporation;
employees include all employees whose
(h) Individuals to whom the pro- compensation is based upon other than
visions of section 1 (a) of the act a time period basis.
entitled "An act to amend and clarify
SECTION 5. Intermittent or irregular
certain provisions of law relating to employees.-Intermittent irregular
functions of the War Shipping Admin- employees are employees who are not
istration, and for other purposes,” ap- regularly required to work a specified
proved March 24, 1943, (Public Law minimum number of hours. Employees
No. 17—78th Congress), are applicable; whose work requires them to remain
(i) Employees of the Transportation at, or within, the conines of their posts
Corps of the Army of the United States of duty for more than forty hours per
vessels operated by the United week, but does not require that all of
States;
their time be devoted to actual work,
(j) Vessel employees of the Coast may be considered to be intermittent or
and Geodetic Survey.
irregular employees, or in the discre-
tion of the head of the department or
PART II. DEFINITIONS
agency concerned, may be considered to
SECTION 1. Administrative workweek be full-time employees having such ad-
for full-time employees. The adminis- ministrative workweek as is specified
trative workweek for each group of by such head.
full-time employees shall be the min- 21 For the text of this section, see page 481.
or
on
471 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
SECTION 6. Earned basic compensa- | ever, That such compensatory time off
tion.-Earned basic compensation is the may, in the discretion of the head of the
amount of salary actually earned by an department or agency concerned, be
employee, exclusive of overtime compen- granted (a) to seasonal employees at
sation or additional compensation in the completion of the season during
lieu thereof, but inclusive of any salary which the employment is performed and
differential for duty outside the conti- (b) to employees serving at isolated
nental United States, including Alaska, posts outside the States of the United
and the value of quarters, subsistence, States and the District of Columbia
and other maintenance allowances un- within one year after the employment is
der section 3 of the act of March 5, performed.”
1928, (45 Stat. 193; 5 U. S. C. 75a). Heads of departments and agencies
SECTION 7. Department, independent may delegate to any officer or employee
establishment, and agency.-The term authority to order or approve overtime
"department, independent establish- in excess of the administrative work-
ment, and agency" as used in Part I, week and to elect to grant compensa-
section 2 (0) means a governmental tory time off from duty without loss of
establishment in the executive branch pay in lieu of overtime compensation as
which is not a component part of any provided in this section. No overtime
other such establishment.”
in excess of the administrative work-
week shall be ordered or approved ex-
PART III. OVERTIME WORK AND OVER- cept by an officer or employee, to whom
TIME COMPENSATION
such authority has been specifically del-
SECTION 1. Overtime compensation.-egated by the head of the department
In addition to his regular earned basic or agency.
compensation, an employee shall be paid
SECTION 2. Payment of overtime com-
overtime compensation, computed as pensation.-Overtime compensation *of
provided in section 4 of Part III, for employees paid at an annual ratet for
such employment officially ordered or employment during an officially estab-
approved as exceeds forty hours a lished regular workweek in excess of
week: Provided, however, that heads forty hour's may be calculated on an an-
of departments and agencies may, in nual basis and paid in equal amounts on
their discretion, elect to grant full-time the regular monthly or semi-monthly
per annum employees compensatory pay days.
time off from duty without loss of pay SECTION 3. Computation of overtime
in lieu of overtime compensation for work.—The computation of the amount
such employment as may exceed forty- of overtime work performed by an em-
eight hours in any week. In the event ployee shall be subject to the following
that compensatory time off from duty conditions:
for employment in excess of forty- (a) Leave with pay.--Absence from
eight hours in any week is not granted duty on authorized leave with pay dur-
within ninety calendar days after such ing the time which an employee would
employment is performed, the employee otherwise have been required to work
shall be entitled, in lieu of such com- (including authorized absence on legal
pensatory time off, to overtime compen- holidays and during the compensatory
sation for such employment computed time off provided for in section 1 of
as provided in these regulations at the
23 As amended by departmental circular
rate or rates of compensation which the
No. 424, supplement 2, July 9, 1943, and
employee received during the period departmental circular No. 459, December 18,
of such employment: Provided, how- 1943 (8 F. R. 16581).
*230 As amended by departmental circular
22 As amended by departmental circular No. 424, supplement 3, October 31, 1944 (9
No. 424, supplement 1, May 26, 1943.
F. R. 12945).*
231
(November 2, 1944)
HOURS OF LABOR
472
1
Part III) during the administrative Stat. 241; U. S. C., title 7, sec. 394)
workweek shall be considered to be involving employees engaged in enforce-
employment and shall not be construed ment of Meat Inspection Act; act of
to reduce the amount of overtime com- June 17, 1930, as amended (U. S. C.,
pensation to which the employee is title 19, sec. 1450, 1451, and 1452) in-
entitled during such workweek.
volving customs officers and employees;
(6) Leave without pay.236_*In the act of March 2, 1931, (46 Stat. 1467 ;
case of an employee paid at an annual U, S. C., title 8, secs. 109a and 109b)
rate*
involving inspectors and employees,
(1) The deduction from overtime com- Immigration and Naturalization Serv-
pensation for one day of leave without ice; act of May 27, 1936, as amended
pay shall be 14360 of the overtime com-(52 Stat. 345; U. S. C., title 46, sec.
pensation which would be paid annually 382b) involving local inspectors of
for overtime employment during the ad-steam vessels and assistants, U. S.
ministrative workweek.
shipping commissioners, deputies and
*(2) If, under section 4 of Part III, ) assistants, and customs officers and em-
the employee receives, in lieu of over-ployees; act of March 23, 1941, (55 Stat.
tine compensation,* additional compen- | 46; U. S. C., Supp. I, title 47, séc. 154)
sation at a rate of $300 per annum, the involving certain inspectors of the
deduction from such additional compen- Federal Communications Commission.
sation shall be 1360 of $300 for each day SECTION 4. Computation of overtime
of leave without pay.
compensation.23—Overtime compensa-
*(3) If, under section 4 of Part III, tion shall be paid at a rate of one and
the employee receives, in lieu of overtime one-half times the employee's regular
compensation, additional compensation rate of compensation computed as pro-
at a rate of 15 percent of so much of vided in this section : Provided, however,
earned basic compensation as is not in that when the overtime compensation
excess of $2,900 per annum, the deduc- *of an employee for any pay period is
tion from such additional compensation less than the rates indicated in para-
shall be 1360 of such rate for each day graph (a) or (0), below-and such em-
of leave without pay.
.*
ployee is not entitled to additional com-
(c) Work on holidays or Sundays.- pensation under section 1 or section 2 of
Work on holidays and Sundays shall be Part IV for such pay period-the em-
considered in the same manner as employee shall be paid the rates indicated
ployment on any other calendar day in in paragraph (a) or (b) as additional
computing the amount of overtime em- compensation in lieu of overtime
ployment under these regulations. compensation.
(d) Service subject to other over-
(a) If the employee's earned basic
time statutes.-Overtime services for compensation is less than a rate of
which overtime compensation is paid $2,000 per annum : $300 per annum, or
under any of the following statutes 25 percent of the employee's earned
shall not form a basis for overtime em- basic compensation for the pay period,
ployment under these regulations: Act whichever is less; or,
of February 13, 1911, as amended (U.
(0) If the employee's earned basic
S. C., title 19, secs. 261 and 267) in compensation is at a rate of $2,000 or
volving inspectors, storekeepers, weigh-more: 15 percent of so much of his
ers, and other customs officers and warned basic compensation as is not in
employees; act of July 24, 1919, (41 excess of $2,900 per annum.
This pro-
*236 As amended by departmental (ircular *??¢ As amended by departmental circular
No. 124, supplement 3, October 31, 1944 (9 No. 424, supplement 33, October 31, 1944 (9
F. R. 12945).*
F. R. 12945).*
(November 2, 1944)
472.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
viso shall not be construed to reduce PART IV. ADDITIONAL COMPENSATION IN
the overtime compensation to which the LIEU OF OVERTIME COMPENSATION
employee is entitled by virtue of actual
SECTION 1. Part-time, piece-work, and
overtime employment. In determining fee basis employees.-Part-time, piece-
whether an employee shall be eligible for work, and fee basis employees shall re-
additional compensation in lieu of over-ceive, in lieu of overtime compensation,
time compensation, leave without pay additional compensation at a rate of 15
during any pay period shall not be con-
per centum of so much of their earned
strued as reducing the rate of overtime basic compensation as is not in excess
compensation.*
of a rate of $2,900 per annum.
The computation of overtime com- SECTION 2. Intermittent, irregular,
pensation shall be subject to the fol- and other employees.-Intermittent and
lowing conditions:
irregular employees and, subject to the
(a) Hourly rates and daily rates.- approval of the Civil Service Commis-
For employees paid at an annual rate, sion, employees whose hours of work
the daily rate shall be considered to be are governed by those of private estab-
1/360 of the annual rate, and the lishments which they serve and for
hourly rate shall be considered to be whom, on this account, overtime work
schedules are not feasible, shall be
16 of the daily rate.
paid, in lieu of overtime compensation,
(6) Maximum base for computa-
additional compensation at a rate of
tion.-Overtime compensation shall be (a) $300 per annum if their earned
paid only upon such portion of the basic compensation is at a rate of less
basic rate of compensation of an officer than $2,000 per annum or (b) 15 per
or employee as does not exceed $2,900 centum of so much of their earned
per annum.
basic compensation as is not in excess of
(November 2, 1944)
HOURS OF LABOR
473
1
a rate of $2,900 if their earned basic / War Overtime Pay Act of 1943, Public
compensation is at a rate of $2,000 per Law 49 (departmental circular No. 424,
annum or more, subject to the limitation | May 8, 1943).
in section 5 of Part IV.
NOTES ON THE OVERTIME COM-
SECTION 3. Payment of additional
PENSATION LAW AND REGULA-
compensation.-The annual amount of
TIONS
additional compensation payable to any
employee in lieu of overtime compen- Payment of additional compensation
sation under these regulations may be mandatory - The words "shall be paid
divided by the number of regular pay
additional compensation" ap-
days in the year and a pro rata share pearing in section 3 (a) of the act of
paid each pay day.
May 7, 1943, are words of mandate or
SECTION 4. Deduction for leave with-command. Such additional compensa-
out pay.2311—*In the case of an employee tion must be paid to employees coming
paid at an annual rate
within the terms and limitations of the
(a) If, under section 2 of Part IV, the section from and after the effective
employee receives, in lieu of overtime. date of the act, whether or not they
compensation, additional compensation make claim therefor, and whether or
at a rate of $300 per annum, the deduc- not they leave the service prior to pay-
tion from such additional compensation ment. The acceptance of the lower
shall be 1380 of $300 for each day of leave rate of compensation by the employees
without pay.
does not constitute a waiver of the
(6) If, under section 2 of Part IV, right to the statutory increase in com-
the employee receives, in lieu of over-pensation properly due them. Any
time compensation, additional com- existing appropriation for the present
pensation at a rate of 15 percent of so fiscal year available for the payment of
much of earned basic compensation as is salaries of employees of an agency in
not in excess of $2,900 per annum, the available for payment of the additional
deduction from such additional com-compensation to such employees, irre-
pensation shall be 4360 of such rate for spective of any deficiency that may be
each day of leave without pay.*
incurred as a result of paying such in-
SECTION 5. Limitation on additional crease of compensation (based on 22
compensation.—No additional compen- Comp. Gen. 570, December 22, 1942, and
sation for any pay period shall be paid 22 Comp. Gen. 926, March 30, 1943).
under Part IV amounting to more than
Scope of the overtime-compensation
25 per centum of the earned basic law.-A "similar administrative author-
compensation of the employee for such ity serving the same purpose" as a wage
period.
board, within the meaning of the War
Overtime Pay Act of 1943, is one which
PART V. GENERAL PROVISIONS is authorized to fix wages administra-
SECTION 1. Title of regulations.-
tively with reference to wages, etc., paid
These regulations may be cited as the to similar classes in commercial indus-
“War Overtime Pay Regulations."
try rather than with reference to salary
SECTION 2. Effective date of regula- rates or schedules of rates specifically
tions. These regulations shall take fixed by or pursuant to statute. Em-
effect on May 1, 1943, and shall termi- ployees whose rates of wages are admin-
nate on June 30, 1945, or such earlier istratively fixed under general adminis-
trative authority granted by or pursuant
date as the Congress may prescribe for
to statute without reference to prevail.
the termination of the provisions of the ing wages fall within the purview of the
*230 As'amended by departmental circular War Overtime Pay Act of 1943, and
No. 424, supplement 3, October 31, 1944 (9 are entitled to the benefits thereof re-
F. R. 12945).*
gardless of whether they be paid on a
(November 2, 1944)
LEAVE OF ABSENCE
517
ployee is entitled as a matter of right of military leave. (This decision refers
to the unused annual leave standing to to military leave in the strict sense
his credit upon termination of service. leave granted under the acts set forth
Such leave may not be denied admin- under that heading on pages 518 and
istratively. The granting of sick leave 519—and not to the annual leave now
upon termination of service, however, granted concurrent with active military
is an administrative matter not subject or naval service.)
to review or revision by the General AC- *With respect to the extension of the
counting Office (24 Comp. Gen. 27, July | date of an employee's termination date
17, 1944).
because of his performance of service as
An employee who is required by rea- a witness on behalf of the United States,
son of ill health to leave active service see page 516.*
and resign, which action properly is Granting of leave without pay.-
supported by a doctor's certificate, may The provision of section 4.8 (a) of the
be granted all of his accumulated and Annual and Sick Leave Regulations that
current accrued sick and annual leave leave without pay may be granted to
as a continuous period, without a re- an enoployee for a period not exceeding
turn to duty, upon the basis of an ap- 12 months regardless of whether he has
plication therefor filed along with tender leave standing to his credit was not in-
of resignation prior to the expiration of tended to limit administrative action
the leave, and the date of resignation in the granting of leave of absence with-
may be so fixed as to grant such sick out pay to a period of 12 months in all
and annual leave. However, a substi- cases, but is merely a limitation on the
tution of sick leave for annual leave amount of leave without pay that may
under the conditions stated in section be granted while an employee has an-
3.6 of the regulations should not be ap-nual leave to his credit.
proved unless and until there is a return Where an employee has been car-
to duty and the employee has filed the ried on the rolls in a leave-without-pay
required medical certificate (23 Comp. status because of extended illness for
Gen. 638, February 29, 1944; 24 Comp. a period of one year or more and has
Gen. 27, July 17, 1944). *As to the no unused annual leave to his credit, it
granting or advancing of sick leave, and is within administrative discretion to
its substitution for leave without pay, in grant the employee additional periods
cases where the employee dies while on of leave without pay (23 Comp. Gen.
leave without pay, see pages 502.01, 504, \ 789, April 15, 1944).
and 515.*
In connection with reemployment pro-
In the case of an employee who is to cedure, however, periods of leave with-
be separated from the service where out pay in excess of one year are treated
only annual leave is applied for, or sick as separations for certain purposes.
leave is applied for and denied, and the See, for example, section 16 of the joint
termination date once is fixed to be ef- regulations applying to the District of
fective at the termination of the annual Columbia Government (page 395).
leave, section 4.2 (b) of the Annual and The granting of leave without pay for
Sick Leave Regulations prohibits the ex- a period extending beyond the liquida-
tension of such fixed date of separation tion of an agency is discussed on page
by the granting of sick leave (24 Comp. 514; leave without pay during active
Gen. 27, July 17, 1944). Section 4.2 (b) military service, on page 507; reports to
likewise prohibits the extension of the the Commission of furloughs and leaves
final date of separation by the granting without pay, on page 206; issuance of
of court leave. The Comptroller General statements of availability on furlough
has also held (19 Comp. Gen. 716, Febru- or involuntary leave without pay, on
ary 9, 1940), that there is no requirement page 193.
that the pay status of the employee be Refunds for advanced leave. See
extended in such cases by the granting note on page 503.
(November 2, 1944)
518
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
REPLACEMENT OF EMPLOYEES ON LEAVE | tion (as distinguished from an addi-
tional identical position) terminates
As a general rule, only one person
the appointment of the prior incumbent.
may be paid the salary of the same
office for the same period. *However, prior incumbent is being carried in a
This does not apply to cases where the
a new officer may be employed to re-
furlough or leave-without-pay status
place an outgoing officer and paid the
pending his return from the armed
salary of the position, if funds are avail- forces and restoration to duty in accord-
able, during a period after the outgoing ance with the provisions of the Selective
officer has ceased to perform the duties Training and Service Act or similar leg-
of the office, but is still receiving pay-islation (4 Comp. Gen. 729, March 3,
ment for terminal annual leave. The 1925; 13 Comp. Gen. 170, December 13,
right of the outgoing officer to receive 1933; 20 Comp Gen. 9, July 5, 1940; 20
payment for the terminal leave is not Comp. Gen. 935, June 30, 1941).*
affected thereby (24 Comp. Gen. 134, When an employee returns from
August 17, 1944). This includes cases service in the armed forces and claims
where the officer has entered the armed his former position, the rights of the
forces and is receiving accumulated and employee who left a position in the
current accrued leave concurrent with agency to take that of the person in the
active military or naval duty, pursu- military service are for administrative
ant to the act of August 1, 1941, 55 Stat. determination, subject to the reemploy-
616 (see page 483), as amended by the ment rights of the veteran and to re-
act of April 7, 1942, 56 Stat. 200.* duction of force procedures. The Com-
If an employee's position is not a
mission suggests the advisability of us-
statutory office, but has been adminis- ing section 3 (a) of war-service regula-
tratively created under a lump-sum ap- tion IX (see pages 34 and 153.01) when
propriation, an additional identical po- transferring the permanent employees
sition may be administratively created to positions vacated by persons entering
and filled, and the appointee to the lat- the armed forces. This will grant the
ter paid compensation for service in the transferred employee reemployment
separate additional identical position benefits in his permanent position under
simultaneously with the payment to the such circumstances (letter of Commis-
former employee of compensation for sion to Director of Employment Man-
accumulated and current accrued leave, agement, Federal Works Agency, Jan-
in the absence of some specific pro- uary 20, 1944). With respect to the
vision of law precluding such action (20 salary rate payable, after reduction to
Comp. Gen. 9, July 5, 1940).
his original position, to an employee who
*Where an employee is on leave of was temporarily promoted or trans-
absence without pay, the appointment of ferred in order to replace an employee
another person, on either a temporary entering the military service, see note
or a permanent basis, to the same posi-l on page 88.01.
MILITARY LEAVE
MEMBERS OF NATIONAL GUARD
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 (39 Stat. 203, June 3, 1916: 32
U. S. C. 1940 ed. 75).
(September 14, 1944)
633
CIVIL SERVICE ACT AND RULES
JK
TRANSMITTAL SHEET NO. 20
A 22
November 9, 1944
These sheets should be cut or torn apart along the perforations.
They should then be substituted as shown on the back of this page
for printed pages of the loose-leaf edition of the "Civil Service Act and
Rules." The steps in making the insertions are explained on page XX
of the introductory chapter, "How to Use This Book." The date of this
transmittal sheet and the date of filing should then be noted on the
"Filing Record" at the front of the book, and this page should be filed
immediately behind Transmittal Sheet No. 19.
When this filing is completed, pages 1 to 118, 123 to 220, 291 to 365,
377 to 400, and 447 to 525 will be up to date as of November 9, 1944.
Remarks
Additions have been made on pages 2, 57, 57.01, 76.02, 103, 109,
and 181.
Deletions have been made as indicated on pages 2, 57, 75, and 102.
Changes have been made on pages 76.03, 76.05, 102, 103, 181, 182,
183, 183.01, and 185 to 192.
The deletions on pages 57 and 75 involve the removal of a restric-
tion on the certification of minors for certain positions the incumbents
of which must be bonded. The restriction was removed because of
evidence of the increased willingness of bonding companies to fur-
nish bond for persons under 21 years of age. The deletions on page
102 are part of the general change on that page and page 103, and
their effect will be apparent upon consideration of this general change.
One of the deletions on page 2 corrects an error with respect to the
Office of Price Administration; the others are due to the liquidation
of the Division of Central Adminstrative Services.
The principal feature of this installment is the inclusion of the re-
vised reduction-in-force regulations, now entitled "Retention Preference
Regulations for Use in Reductions in Force." While some of the ma-
terial in this section is unchanged from the previous section, the
changes have been so numerous and pervasive that it was thought
more convenient for the user to treat the whole section as a single
change. It will be noted that in this case the editor has departed
from the usual practice of including only material which was pro-
mulgated prior to the edition date of the installment; the deviation
was believed to be justified in this case in view of the demand for
material on reductions in force and in view of the fact that the install-
ment will not actually be distributed until after the formal promulgation
of the regulations.
TRANSMITTAL SHEET NO. 20 (NOVEMBER 9, 1944)
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!
THE POWER OF APPOINTMENT
CONSTITUTION OF THE UNITED STATES
1
*
*
Article II, Section 2, Paragraph 2
He [the President) shall nominate, and, by and with the
advice and consent of the Senate, shall appoint ambassadors, other
public ministers and consuls, judges of the Supreme Court, and all
other officers of the United States whose appointments are not herein
otherwise provided for, and which shall be established by law; but
the Congress may by law vest the appointment of such inferior officers
as they think proper in the President alone, in the courts of law, or
in the heads of departments.
1
NOTES ON THE POWER OF APPOINTMENT
Appointment of subordinate officers. pointment is not specifically provided
"The general rule deducible from this for, are properly to be regarded as clerks
provision (art. II, sec. 2, of the Consti- rather than as officers and as coming
tution) is that, in the absence of an within the provisions of section 169 of
express enactment to the contrary, the the Revised Statutes (29 Op. Atty. Gen.
appointment of any officer of the United 117, June 1, 1911). Section 169 of the
States belongs to the President by and Revised Statutes, as amended by an act
with the advice and consent of the Sen- of June 26, 1930 (46 Stat. 817; 5 U. 8. C.
ate" (29 Op. Atty. Gen. 117, June 1, 1940 ed. 43), provides as follows: "There
1911). Congress has power to dis- is authorized to be employed in each ex-
tribute, at its pleasure, the appointment ecutive department, independent estab-
of inferior officers between the Presi- lishment, and the municipal government
dent, courts of law, and heads of depart of tbe District of Columbia, for services
ments, or to vest such appointments in the District of Columbia and else-
exclusively in one or two of those de- where, such number of employees of the
positaries; but it has no power to vest various classes recognized by the Classi-
appointment elsewhere, directly or in- fication Act of 1923, amended
directly (13 Op. Atty. Gen. 516, August (U. S. C., title 5, ch. 13), as may be
31, 1871).
appropriated for by Congress from year
Appointment of employecs. Oficers to year: Provided, That the head of any
whose appointment is not specifically (lepartment or independent establish-
provided for are to be appointed by the ment may delegate to subordinates,
President and confirmed by the Senate under such regulations as he may pre-
if their designations are such as to inscribe, the power to employ such persons
dicate that they are to perform all the for duty in the field services of his de-
duties which might be performed by a partment or establishment."
Presidential officer, Certain technical Delegation of the appointing power.-
employees, the manner of whose ap- The Comptroller General has held that
as
· The Attorney General has held (37 Op. Atty. Gen. 227, August 12, 1933) that the
Civil Service Commission is a "department" within the meaning of the Constitution.
1
1
2
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
“the appointing power in the various | Public Law 382, 78th Cong., June 30,
executive departments and bureaus 1944).* *
thereof is rested in the head of the The Secretary of the Interior may
department by section 169, Revised delegate to any official in the War Re-
Statutes (supra), and in the absence location Authority the authority to
of specific statutory authority therefor make appointments of personnel, or to
may not be delegated to a subordinate" wake other determinations necessary
19 Comp. Gen. 20, July 22, 1929, citing for the conduct of administrative man-
26 Dec. Comp. Treas. 444, December 4, agement within the agency, or both
1919; 27 Dec. Comp. Treas. 656, January (Public Law 372, 78th Cong., June 28,
28, 1921 ; 21 Op. Atty. Gen. 356, May 26, 1944).
1896; 4 Comp. Gen. 675, February 9, *The Secretary of Agriculture may
1925; and Burnap v. United States, 1920, delegate to such officers as he shall
252 U. S. 512). The proviso in section designate the authority to employ per-
169, as amended, permitting delegation sonnel in the departmental service
of the power of appointment in the field, Therever located (section 709 of the
does not extend to appointments in the act of September 21, 1944, Public Law
departmental service in the District of 425, 78th Cong.).*
Columbia. The authority to make pro- The head of any Government agency
motions, unless otherwise provided by may delegate any authority and dis-
statute, is subject generally to the same cretion conferred upon him or his
rules as to delegation as the authority agency by or pursuant to the Contract
to make original appointments. (See 20 Settlement Act of 1944 (Public Law 395,
Comp. Gen. 27, July 16, 1940.) (With 78th Cong., July 1, 1944) to any officer,
respect to delegation of appointing agent, or employee of his agency or to
power to the assistant secretaries of any other Government agency, and may
the various departments, see 20 Comp. authorize successive redelegations of
Gen. 27, July 16, 1940.)
such authority and discretion (section
Besides the general statute as to 23 of the Contract Settlement Act,
delegation of the appointing power for cited above).
the field service, quoted above, there Meaning of term “appointing off-
are various special provisions authoriz-cer.”—In accordance with the laws and
ing delegation of the appointing power rulings set forth in the preceding note,
in specific cases, or in specific agencies. some heads of agencies have delegated
Among the more important of these the appointing power itself to certain
authorities are the following:
field officials, who are therefore "ap-
The head of any constituent agency pointing officers” in the strict sense of
of the Office for Emergency Manage- the word. Others have merely dele-
ment, and the heads of the War Man- gated to such officials the power to nomi-
power Commission, the Office of Eco- nate persons for appointment by the
nomic Stabilization, * * and the
head of the agency. In many cases ap-
Foreign Economic Administration, may pointing power has been delegated only
delegate to any official in their resper with respect to certain classes of posi-
tire ngencies * * the authority to
tions. There is little uniformity as to
make appointments of personnel, and
may delegate to any official in their delegation among the various agencies.
respective agencies the authority to
As to submission of requests for civil-
make other determinations necessary
service authorities by field appointing
for the conduct of the administra- officers, see notes on page 17.
tive management within the agency
Power to contract for personal serv-
(Piiblic Law 372, 78th Cong., June 28, ices. The objection to contracting
1944: section 702 of the act of June 28, with a firm or a third party for personal
1944, Public Law 373, 78th Cong.; Pub- services is not based upon the act of
lic Law 375, 78th Cong., June 28, 1944; 1 August 5, 1882 (22 Stat. 255 ; 5 U. S. C.
(November 9, 1944)
UNITED STATES OF AMERICA
SIIS
NOTES ON EXAMINATIONS AND ADMISSION THERETO
Ghost
57
or
employees be limited to hours of the Educational and Experience Require-
day not detrimental to their health and
nients
welfare, and
Educational requirements.-In accord-
(f) that such employees be compen-ance with section õ of the Veterans'
sated at wages paid adult workers for Preference Act of 1944 (see page 10.02),
similar work.
section 5 of war-service regulation II
Section 10 of the Statement of Policy
provides that:
provides as follows: Any youth in-
“No minimum educational require-
terested in work in another area should ment will be prescribed in any exam-
not leare his own area in search of ination except for such scientific, tech-
work without first-
nical professional positions the
(a) Registering for employment with duties of which the Commission decides
the U. S. Employment Service or such cannot be performed by a person who
other agency as may be designated by does not have such education."
the War Manpower Commission;
The term "educational requirement"
(6) presenting evidence of parental as used in this section includes all for-
consent; and
mal schooling either at the grade school,
(c) being referred by such office to high school, or college level. The reg-
a specific job opening where he can
ulation does not prohibit a provision
be lawfully employed and where there for the substitution of 'education for ex-
are suitable arrangements for housing. perience. The regulation also permits
Registration for employment by the
a requirement that applicants be able
filing of an application with a repre- to read and write the English lan-
sentative of the Civil Service Commis-
guage and other similar requirements
sion will be regarded as complying with
(action of Commission, July 26, 1944).
subparagraph (a) of section 10 in the
*Licenses and certificates.—The pos-
Statement of Policy. Referral by the session of licenses, certificates, etc., may
Commission's recruiting representative be included in examination require-
will be regarded as complying with sub-ments, either in conjunction with speci-
paragraph (c) of section 10 of the fied training and experience or as suffi-
Statement of Policy (action of Commis- cient evidence within itself of adequate
sion, May 3, 1943).
training and experience, when the terms
* *
under which they are granted call for
Applicability of age requirements to an acceptable standard of competence
enlisted men.-Applicants in the mili- in the occupation or when only persons
tary service on the closing date for re- holding such licenses, etc., may legally
ceipt of applications in an examination perform the duties involved.*
must meet the requirements as to age,
Credit for military or naval service.-
unless the examination is one in which See page 65.
age limits are waived for persons en-
Unpaid experience.--In accordance
titled to military preference and the with section 4 of the Veterans' Prefer-
applicant is entitled to such preference ence Act of 1944 (see page 10.01), sec-
on the basis of a previous enlistment tion 1 of war-service regulation III
(Commission's minute 2 of January 29, provides in part as follows:
1935).
"In all examinations to determine the
Reemployment of persons retired from qualifications of an applicant, credit
the Federal service.-See notes, pages 122 shall be given for all valuable experi-
and 129.
ence, including experience gained in
Proof of date of birth.–See notes, religious, civic, welfare, service, and
organizational activities, regardless of
page 105.
(November 9, 1944)
57.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
whether any compensation was received Perjury.-Section 125 of the Criminal
therefor."
Code (18 U. S. C. 1940 ed. 231) provides
In order for unpaid experience to be as follows:
credited under this regulation, it must “Whoever, having taken, an oath be-
be valuable and pertinent to the duties fore a competent tribunal, officer, or per-
of the position in question. The crite- son, in any case in which a law of the
rion for determining whether such ex- United States authorizes an oath to be
perience shall be considered qualifying administered, that he will testify, de-
is whether it would have been consid-clare, depose, or certify truly, or that
ered qualifying if the applicant had any written testimony, declaration, dep-
been paid. Such experience will be osition, or certificate by him subscribed
credited on the basis of actual time is true, shall willfully and contrary to
spent in the activities referred to such oath state or subscribe any ma-
(action of Commission, July 26, 1944). terial matter which be does not believe
to be true, is guilty of perjury, and shall
FRAUDULENT PRACTICES IN CONNECTION be fined not more than $2,000 and im-
WITH EXAMINATIONS
prisoned not more than 5 years."
The section just quoted is a reenact-
*Suspension of statute of limitations
in cases of fraud. Section 1 of the act ment of section 5392 of the Revised
of August 24, 1942 (56 Stat. 747; 18 341 of the act of March 4, 1909 (35 Stat.
Statutes, which was repealed by section
U. S. C., 1940 ed., supp. III, 590a), as 1153). Prior to such repeal and re-
amended by section 28 of the act of enactment, it had been held in the case
October 3, 1944 (Public Law 457, 78th of Johnson v. United States, 1905 (26
Cong.), reads in part as follows:
D. C. App. 128), that a willfully false
"The running of any existing statute answer by an applicant for civil-service
of limitations applicable to any offense examination, to a question in his ap-
against the laws of the United States (1) plication, as to whether he had ever
involving defrauding or attempts to de- been in the Government employ, and,
fraud the United States or any agency | if so, whether he had resigned or been
thereof whether by conspiracy or not, discharged, was perjury within the
and in any manner * * shall be sus- meaning of section 5392 of the Revised
pended until three years after the termi- Statutes, "as an oath authorized by
nation of hostilities in the present war law."
as proclaimed by the President or by a The act of August 23, 1912 (37 Stat.
concurrent resolution of the two Houses 372; 5 U. 8. C. 1940 ed. 634), authorizes
of Congress. This section shall apply to members of the Civil Service Commis-
acts, offenses, or transactions where the sion and its duly authorized representa-
existing statute of limitations has not tives to administer oaths to witnesses
yet fully run, but it shall not apply to in any matter pending before the Com-
acts, offenses, or transactions which are mission. In the case of U. S. y. Crandol,
already barred by provisions of existing 1916 (233 Fed. Rep. 331), which involved
law."*
the inaking of false statements by an
(November 9, 1944)
NOTES ON PLACEMENT AND 75
ORIGINAL APPOINTMENT
APPOINTMENT
ORIGINAL on
and the Canal Zone Retirement Act, as subject to the appointee's qualifying in
amended, contain provisions for the re- the character investigation (based on
employment, under certain conditions Commission's minute 3 of January 29,
and circumstances, of persons retired 1934).
thereunder for age or through exercise
Notations list.--The numerical
of a retirement option. (See page 129.) ratings of eligibles will be entered on the
There is nothing in these laws limiting certificate. Ten-point preference eligi-
the tenure of the appointment of such bles and five-point preference eligibles
annuitants. Therefore, such eligibles will in all cases be distinguished by the
should not be certified under the war-
service regulations, but if it is desired entry of the letters "DP” and “P”, re-
to bring the qualifications of an annui spectively, on the certificates. In cases
tant to the attention of an appointing where appointment is subject to inquiry
officer, his name may be included on
or to investigation of general qualifica-
& certificate of eligibles, provided it is tions, suitability, and fitness, appropri-
clearly identified (Commission's minute ate notation to that effect will appear on
1 of July 22, 1943). The names of such the list. The additional names which
persons will not be considered as part of are to be used in the event of declina-
the regular certificate and no reasons tions will be clearly identified (depart-
need be given by the appointing officer mental circular No. 323, revised, March
for not considering any such eligible or 30, 1942; departmental circular No. 493,
for selecting any such eligible without July 3, 1944; action of Commission, July
regard to regular eligibles on the certifi- 26, 1944). As to appointment from cer-
cate (action of Commission, July 26, tificates of persons already employed
1944).
by the Federal Government, see page
Certification of persons serving in 82; as to appointinent from certificates
armed forces.--See page 61.
of persons who have been separated
Certification of persons of foreign from Government positions within the
birth.–See notes on page 52.01.
preceding 30 days, see page 123; as to
Members of subversive organiza- passing
veteran eligibles,
tions.--As a matter of official policy, the page 86.01.
Commission will not certify to any de-
Correction of erroneous certification.-
partment or agency the name of any
See notes on page 86.04.
person when it is established that he
Submission of names of eligibles to
is a member of tħe Communist party, the other appointing oficers prior to receipt
German-American Bund, or any other of report on list of eligibles.—See notes
Communist, Nazi, or Fascist organiza- on page 115.
tion (departmental circular No. 222,
Replacement of persons originally ap-
June 20, 1940).
pointed under section 2 of rule VIII.
Furnishing names for positions re- Lists of eligibles will not be issued for
quiring suitability investigation.--If all the replacement of persons who on
eligibles on a register for a position March 15, 1942, were serving under sec-
requiring character investigation by the tion 2 of civil-service rule VIII, unless
Commission have been certified for ap the appointing officer submits requisi-
pointment and it becomes necessary to tions for the purpose of replacing per-
fill additional vacancies in such positions sons whose services are unsatisfactory
by the certification of eligibles who have (departinental circular No. 323, revised,
not been investigated, a certificate will March 30, 1942).
be issued for var-service appointment
over
see
(November 9, 1944)
76
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
*
t
ex-
VETERAN PREFERENCE
persons included under section 2 (4)
of this act:
[See sections 2, 8, and 5 of war-service regu-
lation III, as well as the regulations cited In the case of Federal employees who
in notes below.)
were in the service on June 27, 1944,
their preference claims may be con-
*Statutory requirement.--Sections 2
and 3 of the Veterans' Preference Act sidered under the legislation in force
on that date, as set forth in the more
of 1944 (see page 10) provide in part
detailed note on page 78.03.
as follows:
Positions excepted from the Veterans'
“SEX. 2.
preference shall Preference Act of 1944.—Section 20 of
be given to (1) those ex-service men and
the Veterans' Preference Act of 1944
women who have served on active duty (see page 10.06) excepts from the pro-
in any branch of the armed forces of visions of the act positions in the legisla-
the United States, and have been tire and judicial branch of the Govern-
separated therefrom under honorable ment and all positions, except those of
conditions and who have established postmasters, to which appointment is
the present existence of a service-con- made by and with the advice and con-
nected disability or who are receiving sent of the Senate. The Municipal
compensation,
disability
retirement
Court for the District of Columbia is
benefits, or pension by reason of public excepted from the provisions of the act
laws administered by the Veterans'
as a part of the judicial branch of the
Administration, the War Department or Government (Commission's minute 1 of
the Navy Department; (2) the wives of August 15, 1944).
slich service-connected disabled
Points to be established in order to
servicemen as have themselves been
prove right to preferenoc.—In all pref-
unable to qualify for any civil-
erence cases, the claimant must show
service appointment; (3) the unmarried that the veteran on whose service claim
widows of deceased ex-servicemen who to preference is based : (1) is an ex-
served on active duty in any branch of service-man or woman; (2) performed
the armed forces of the United States active duty in a branch of the armed
during any war, or in any campaign or forces of the United States; and (3) was
expedition (for which a campaign badge separated therefrom under honorable
has been authorized), and who were conditions.
separated therefrom under honorable
Additional points must be established
conditions; and (4) those ex-service depending upon the type of preference
men and women who have served on sought; for example, a person claiming
active duty in any branch of the armeil disability preference, or preference based
forces of the United States, during one on the disability of a husband, must
war, or in any campaign or expedition prove the present existence of the dis-
(for which a campaign badge has been ability and the fact that it is service-
authorized), and have been separated connected (or, in the case of disability-
therefrom under honorable conditions.
preference claimants, that they are re-
"SEC. 3. In all examinations to deter-ceiving compensation, disability retire-
mine the qualifications of applicants for ment benefits, or pension under the stat-
entrance into the service ten points utes set forth in the act) ; persons claim-
shall be added to the earned ratings of ing 5-point preference, or widow prefer-
those persons included under section 2 ence, must show that the veteran served
(1), (2), and (3), and five points shall during a particular period, or on a cam-
be added to the earned ratings of those paign or expedition, which meets the re-
5
(August 24, 1944)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT 76.01
was
*
quirements of the act; persons claiming | December 22, 1942 (56 Stat. 1072);
widow or wife preference must show the physicians, licensed (act of April 16,
required relationship to the veteran; 1943; 57 Stat. 65).; surgeons, licensed
persons claiming wife preference must(act of April 16, 1943; 57 Stat. 65).
show, in addition to the other points (6) The Navy of the United States
listed, that the husband is physically comprises the following:
disqualified by his disability for civil- Regular Navy, including: Commis-
service appointment in positions along sioped and enlisted personnel; Navy
the general lines of his occupation. Nurse Corps ; Midshipmen,
Midshipmen, United
These points will be discussed in de States Naval Academy.
tail in the succeeding notes.
Naval Reserve, comprising: Fleet Re-
serve; Merchant Marine Reserve; Or-
Determination Whether Claimant Has
ganized Reserve; Volunteer Reserve;
Served in Armed Forces
Women's Reserve (WAVES); Female
Branches of the armed forces.-(a) Physicians and Surgeons.:
The Army of the United States comprises Marine Corps, comprising: Regular
the following:
Marine Corps ; Fleet Marine Corps Re-
Regular Army, including: Commis- serve; Volunteer Marine Corps Re-
sioned and enlisted personnel ; Army serve; Women's Reserve.
Nurse Corps ; Cadets, United States Mill-
(c) The United States Coast Guard,
tary Academy; Philippine Scouts. a branch of the armed forces of the
Organized Reserve, including: Offi- United States operating under the
cers' Reserve Corps; Enlisted Reserve Treasury Department in time of peace
Corps.
and under the Navy Department in pe-
National Guard while in the service of riods of national emergency,
the United States. The National Guard created by the act of January 28, 1915
was called into Federal service in con- (38 Stat. 800), consolidating the old
nection with the following: Spanish- Revenue Cutter and Lifesaving Serv-
American War (including the Philippine ices. Before the approval of this leg-
Insurrection and the Boxer Rebellion) ; | islation members of both of these serv-
Mexican Border trouble; World War I; ices had civilian status except during
National emergency preliminary to en- the Spanish-American War and the
try of the United States into World War ensuing Philippine Insurrection when
II, under the act of August 27, 1940 (54 the Revenue Cutter Service operated
Stat. 859); World War II.
with the United States Navy. (Some of
Philippine Army and Philippine Con- the revenue cutters were transferred
stabulary when mustered into the sery- to the Navy as early as March 24, 1898,
ice of the United States.
or between that date and April 21, 1898,
Women's Army Corps (WACS). (See the official date of the opening of the
"Women's Army Auxiliary Corps" un- Spanish-American War.) Members of
der "Civilian Service."
this service who were transferred to
For the period of World War II and the jurisdiction of the Navy Depart-
six months thereafter, there is included ment thereby acquired enlisted or coni-
in the Medical Department of the missioned status.
Army, female personnel as listed be- The Coast Guard includes the fol-
low: Dietetic personnel, exclusive of lowing: Commissioned and enlisted
student and apprentices, appointed un- personnel ; Cadets, United States Coast
der the act of December 22, 1942 (56 Guard; Lighthouse. Service; Coast
Stat. 1072); physical therapy per- Guard Reserve, including: . Regular;
sonnel, exclusive of students and ap- Temporary ;
Women's Reserve
prentices, appointed under the act of (SPARS).
*
817747 0 - 44 - 2
817747
(August 24, 1941)
A
76.02 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
*Service in the Coast Guard Reserve of July 1, 1944 (Public Law 410, 78th
(Temporary) may be used as a basis for Cong.). Also in time of national emer-
the granting of veteran preference under gency the President may transfer per-
the Veterans' Preference Act of 1944 only sonnel of the Coast and Geodetic, Sur-
if the person on whose service the claim vey (Commerce Department) to the
is based was enrolled for active full-time service and jurisdiction of the War or
duty with pay and allowances at shore Navy Department with proper military
stations or on Coast Guard vessels, and status (section 16 of the act of May
other conditions necessary to the grant- 22, 1917, 40 Stat. 87; 33 U. S. C. 855).
ing of reteran preference are present Special classes. The following
(departmental circular No. 508, Novem- classes of persons honorably discharged
ber 4, 1944).*
from the military service are considered
The Lighthouse Service was consoll- as ex-servicemen and women, and serv-
dated with the Coast Guard on July 1, ice in these capacities is considered as
1939. Those members of the Service active service:
who possessed the requisite qualifica- Army field clerks;
tions and whose commissions or enlist-
Army nurses who served honorably
ments were duly authorized acquired | under contract between April 21, 1898,
commissioned or enlisted status from and February 2, 1901, as nurses, chief
that date. Members of the Service
overseer, or superintendents;
who were transferred to the jurisdic-
Army Transport Service officers as-
tion of the Navy Department during signed as Transport Quartermaster ;
World War I thereby acquired military
Army or Navy chaplains ;
status.
Members of the Students' Army
(d) The armed forces include any
other branch of the United States Training Corps ;
service where the personnel are serving
Contract surgeous.. Contract
pursuant to law in the Army or Navy; geons have been a component of the
for example, in time of threatened or Army of the United States since June 3,
actual war, officers of the Public Health 1916. They are separated by annulment
Service (which is under the juris- of contract.
diction of the Federal Security Agency) Military service in Allied forces dur-
may upon request of the Secretary | ing the First World War - The Commis-
of War or Secretary of Navy be sion's minute 1 of February 10, 1938,
detailed to the War or Navy De- provided that thereafter military pref-
partment for duty with the Army or erence would not be granted to any
Navy (Executive Order No. 2571 of person on the basis of service in the
April 3, 1917, under authority of sec- military, or naval establishment of any
tion 4 of the act of July 1, 1902 (32 Stat. country other than the United States.
713; 42 U. S. C. 8), or under section This action had the effect of withdraw-
216 of the Public Health Service Acting the preference status of any person
sur-
(November 9, 1944)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT 76.03
1
previously granted preference on such for uniforms; officers of Great Lakes
basis. It did not affect his original vessels without pay and allowances other
appointment or reinstatement in the than for uniforms; Coast Guard police
service while he possessed such status, without pay and allowances ; civil-sery-
but he will not again be accorded any ice employees of the Coast Guard with-
preference, under civil-service rules, on out pay other than compensation of their
the same or similar basis; for example, civilian positions (departmental circular
he will not be entitled to retention pref-4 No. 508, November 4, 1944). As to other
erence under section 5 of civil-service members of the Coast Guard Reserve,
rule XII.
see page 76.04.*
Civilian service. The following per- Dietitians, except dietetic personnel
sons, among others, are considered as appointed in the Army under the act
having seryed in a civilian capacity, and of December 22, 1942 (56 Stat. 1072);
are therefore not entitled to preference Civilian members of Merchant Ma-
on the basis of such service:
rine, U. S. Maritime Commission;
Members of American Volunteer
Civilian employees of military hospi-
Guard;
tals, including reconstruction aides and
Army Specialist Corps;
physical-therapy personnel not ap-
Civilian employees on Army Trans- pointed in the Army under the act of
ports;
December 22, 1942 (56 Stat. 1072) ;
Members of Auxiliary Military
Red Cross nurses not in Army or
Police;
Navy Corps;
Cadet Nurse Corps ;
Student nurses;
Y. M. C. A. or K. of C. Chaplains, not
Members of Officers' Training Camps
in Army or Navy;
Civilians in Chemical Warfare Serv- who served in civilian capacity under
section 54 of the National Defense Act
ice;
of June 3, 1916 (39 Stat. 194), as
Civilian clerks;
Members of Citizens Military Train amended by section 34 of the act of June
ing Camps;
4, 1920 (substituting section 470; 41
Members of Civil Aeronautics Admin Stat. 779), which provided for the at-
istration Pilot Training, who under- tendance of civilians at training camps
went such training prior to September for military instruction and training
1, 1943 (see note on "Aviation cadets, with a view to appointment as reserve
officers or noncommissioned officers. If
page 76.05);
Members of Civil Air Patrol (this or they were not commissioned and placed
ganization was transferred to the War on active duty, they did not acquire
Department from the Office of Civilian
A certificate ot dis-
inilitary status.
Defense but did not thereby become a charge under these provisions does not
direct part of the Army Air Forces. It entitle the holder to veteran preference;
has, however, an auxiliary status and
Telephone operators;
the volunteer members serve in civilian
Members of Reserve Officers' Training
capacity);
Corps who are students in colleges and
Members of Coast Guard Auxiliary; universities;
*Members of the Coast Guard Reserve Members of Students' Army Train-
(Temporary) who were enrolled in the ing Corps Camps who served in civilian
following classifications: For part-time capacity;
or intermittent duty without pay and al- Women's Army Auxiliary Corps
lowances other than for uniforms; pilots (WAACS). As to Women's Army
without pay and allowances other than Corps, see page 76.01.
(November 9, 1944)
76.04 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
*
-Determination Whether Service Con- 25, 1939, furnish proof of honorable
stituted Active Duty
separation therefrom, and meet the re-
Preference of whatever class must be quirements as to disability, compensa-
based on service in the armed forces tion, disability retirement benefits, or
which is classified as active duty and pension. The same is true of members
which meets any period-of-service re- of the Officers' Reserve Corps who were
quirements that may be applicable to called to one year's active duty under
the type of preference involved (see the provisions of the “Thomason Act”
page 76.06). If discharge certificates do of August 30, 1935 (49 Stat. 1028; 10
not clearly indicate active duty, the U. S. C. 1940 ed. 369a), amending the
preference claimant should be requested National Defense Act.
to furnish official evidence of such duty. Naval Reserve.-The 15-day period of
Service in reserve components and the training duty of members of the Naval
National Guard.--Preference will be Reserve is a peace-time activity only
granted to members of reserve com- Such periods were discontinued on
ponents and members of the National September 9, 1939. Naval Reservists
Guard or lered into active military sery- who performed active service subse-
ice under the provisions of the act of quent to September 8, 1939, may be con-
August 27, 1940 (54 Stat. 858; 50 sidereil as ex-servicemen and women
(App.) U. S. C. 1910 ed. 401 et seq.), who have served on active duty within
upon proof of honorable separation the meaning of the act. This includes
from active military service (Commis- the active duty performed during World
sion's minute 8 of November 15, 1940; War II by members of the Naval Re-
departmental circular No. 438, October serve in the various officer training pro-
22, 1943).
grams, and the active duty performed
Officers' Reserve Corp8.—Apart from by the personnel in the various schools
the act of August 27, 1940, just men-
in the Navy college program, including
tioned, members of the Officers' and that of Regular and Reserve Midship-
Enlisted Reserve Corps units of the men and Naval Reserve Officer Training
various branches of the military service Corps students.
are entitled to preference upon furnish- Members of the Merchant Marine Re-
ing proof that they have performed serve, United States Naval Reserve,
active duty for other than training pur- upon call to active service, may be
poses and have been honorably sepa- assigned to duty on merchant vessels or
rated from such active duty, and have at shore establishments of the United
met any period-of-service requirements States Maritime Service. Although the
that may be applicable to the type of Maritime Service is a civilian organiza-
preference involved. Thus, Reserve tion, the naval personnel so assigned
Corps officers who were called to active are on active duty with the United
duty with the Civilian Conservation States Navy, as distinguished from
Corps, while not entitled to 5-point training duty.
preference by reason of that service, Coast Guard Reserve.--Active duty
may be granted disability preference performed by members of the United
provided they performed at least 30 States Coast Guard Reserve since Feb-
days of such active (luty prior to July | ruary 19, 1941, the enactment date of the
.
(August 24, 1944)
.
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT 76.05
Coast Guard Auxiliary and Reserve duty, since that date. Aviation cadets,
Act of 1941 (55 Stat. - 12; 14 U. S. C. appointive grade, undergoing flight
1940 ed. 307), is considered regular ac- training in the Naval and Marine Corps
tive duty as distinguished from training, Reserves are considered as being on
duty.
training duty, not active duty.
Section 207 of the act cited provided Army Air Corps Enlisted Reservists
for the enrollment of temporary re- undergoing Civil Aeronautics Adminis-
servists. Active duty performed sincetration Pilot Training subsequent to
February 19, 1941, by temporary mem- September 1, 1943, are considered to be
bers of the Coast Guard Reserve con- on active duty for veteran-preference
stitutes active service as distinguished purposes. Service before that date is
from training duty, *if the reservist was considered as civilian service.
enrolled for active full-time duty with
Service under the Selective Service
pay and allowances at shore stations or
Act of 1917-Persons inducted into the
on Coast Guard vessels. Service in the armed forces under the Selective Serv-
Coast Guard Reserre (Temporary) may ice Act of May 18, 1917 (40 Stat. 76), are
not be used as a basis for the granting of considered as having been on active duty.
reteran preference under the Veterans' Draftees who were classed as conscien-
Preference Act of 1944 if the individual tious objectors are not entitled to prefer-
was enrolled in any of the following ence if they refused to wear the uniform
classifications: For part-tiine or inter- and to perform military duty.
mittent duty without pay and allowances
Service under the Selective Training
other than for uniforms; pilots without and Service Act of 1940.--Persons in-
pay and allowances other than for vini- ducted into the land and naval forces of
forms; officers of Great Lakes vessels the United States under the Selective
without pay and allowances other than Training and Service Act of September
for uniforms; Coast Guard police with- 16, 1940 (54 Stat. 885) are considered as
out pay and allowances ; civil-service em- having been on active duty, not mere
ployees of the Coast Guard without pay training duty. (As to period-of-service
other than compensation of their civilian requirements in the case of those who
positions. This ruling is effective with were discharged prior to December 7,
l'espect to preference claims which have 1941, see material on American Defense
been granted, to pending claims, and to Service Medal on page 76.06.) The same
future claims (departmental circular No.
is true of conscientious objectors who are
508, November 4, 1944).*
inilucted into the land or naval forces
Membership in the Coast Guard Ayx-
for noncombatant service. However,
iliary, a nonmilitary organization (sec-
conscientious objectors who are assigned
tion 4, Coast Guard Auxiliary and Re-
to a civilian camp for service in a civil-
serve Act of February 19, 1941 ; 14 U. S.
C. 263), does not constitute membership ian capacity in lieu of such induction
in the armed forces (Commission's are not considered as having been on
minute 2 of April 7, 1941):
active duty with the armed forces, and
Aviation cadets
and reservists.-
tlie "Interim Certificate of Release from
Aviation cadets enlisted in the Naval Active Participation in Work of Na-
Reserve or Marine Corps Reserve under tional Importance under Civilian Direc-
the provisions of the Naval Aviation tion" (War Department Form 46),
Cadet Act of August 4, 1942 (56 Stat. which is issued to persons assigned to
737), are considered to be on active civilian public service camps as
duty, as distinguished from training I scientious objectors, will not be accepted
con-
(November 9, 1944)
76.06 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
re-
as proof of such active duty (Commis- | February 4, 1899, to 1913;
sion's minute 8 of November 15, 1940; Boxer Rebellion, June 20, 1900, to
departmental circular No. 286, Novem- May 12, 1901 ;
ber 8, 1941; action of Commission,
China Relief Expedition, June 20,
March 3, 1942; departmental circular | 1900, to May 27, 1901 ;
No. 438, October 22, 1943).
Cuban Pacification, September 12,
1906, to April 1, 1909;
Period-of-Service Requirement
Mexican Expedition (periodical),
Five-point preference in examinations
April 12, 1911, to June 16, 1919;
for the Federal service and the District
Nicaraguan Campaign, July 29, 1912,
of Columbia is granted to ex-servicemen
to November 14, 1912;
and women who have "served on active
Haitian Campaign, July 9, 1915. •to
duty in any branch of the armed forces
December 6, 1915 ;
of the United States during any war, or
Dominican Campaign, May 5, 1916,
in any campaign or expedition (for
to December 4, 1916;
which a campaign badge has been au-
Army of Occupation of Germany,
thorized)
Ten-point pref-
November 12, 1918, to July 11, 1923;
erence is granted to the unmarried
Second Haitian Campaign, April 1,
widows of deceased ex-servicemen who 1919, to June 15, 1920 ;
performed active service during such
Second Nicaraguan Campaign, Au-
periods. These period-of-service
gust 27, 1926, to January 2, 1933;
quirements do not apply to disability or
Yangtze Service, September 3, 1926,
wife preference.
to October 21, 1927;
Dates of wars. The dates of the wars
Yangtze Service, March 1, 1930, to
in which the United States has been
December 31, 1932;
engaged during the past 75 years are as
China Service, July 7, 1937, to Sep-
follows:
tember 7, 1939;
Civil War (Union), April 15, 1861,
American Defense Service, September
to August 20, 1866;
8, 1939, to December 7, 1941. In order
Spanish-American War, April 21, 1898, to meet the requirement in the case of
to July 4, 1902;
the period of service from September
First World War, April 6, 1917, to July 8, 1939, to December 7, 1941, the claim-
2, 1921;
ant must have been awarded, in ad-
World War II, December 7, 1941—dition to the American Defense Service
· Campaign badges.-A campaign badge Medal, a service clasp (bearing the in-
(variously called "service medal” or
scription “Foreign Service"-Army;
"campaign medal”) has been authorized “Fleet” or “Base”-Navy) or a bronze
for service involving actual participa- star for service outside the continental
tion in the following campaigns or ex-
limits of the United States. (See note
peditions of the past 70 years:
on "Selective Training and Service Act
Indian Campaigns (periodical), 1865
of 1940,” page 76.05.)
to January 1891;
Navy Expedition, 1874;
Determination Whether Claimant
Army of Cuban Occupation, July 18, Was Honorably Discharged
1898, to May 20, 1902;
Meaning of terms "honorably dis-
Army of Puerto Rican Occupation, charged" and "separated under honor-
August 14, 1898, to December 10, 1898; able conditions.”—(a) In general.
Philippine Insurrection (periodical), | Section 2 of the Veterans' Preference
!
(August 24, 1944)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT
102
The appointing officer should sign , porary employees from the requirements
the offer of appointment clearly and of this order.”
give for identification his official title A fingerprint chart *
will be
and the name of the bureau and de taken by the appointing agency for all
partment with which connected, in persons entering the Federal service by
order that the eligible may not direct original appointment, reappointment,
his reply to the Commission. The ad- reinstatement, appointment from the
dresses of eligibles given on certificates war reemployment list, appointment
should be used in all instances, regard- under Schedule B of the civil-service
less of the addresses which may appear rules, or temporary appointment (pro-
on the examination papers (depart. vided such temporary appointment ex-
mental circular No. 41,' February 25, ceeds or is extended beyond six months).
1928; departmental circular No. 237. Fingerprint charts must also be taken in
October 18, 1940).
connection with classifications under
Fingerprint charts.—Executive Order section 6 of civil-service rule II, Execu-
No. 8781, June 12, 1941, as amended by tive order, or other authority, *and in
Executive Order No. 8914, October 1, cases where an agency requests con-
1941, provides as follows:
version of an employee from an ex-
"SECTION 1. All employees in the ex- cepted to a classified position, even
ecutive civil service of the Government though the individual may have been
whose fingerprints are not now on file fingerprinted at the time of original
in the Federal Bureau of Investigation. appointment.
Departinent of Justice, or in the agency The Commission has determined
in which they are einployed, are hereby that fingerprints need not be taken in
required to be fingerprinted in accord the following types of actions :
ance with the procedure established by (1) Appointment by transfer;
the head of the department or agency (2) Temporary appointments not to
in which they are employed.
exceed six months (a lesser period may
"SECTION 2. Before any original ap. be established at the discretion of the
pointment or reinstatement is made to agency);
a position in the executive civil service (3) Reappointment or appointment
of the Government, the person concerned from the war-reemployment list within
shall be fingerprinted in accordance with 30 days after last prior appointment;
the procedure established by the Civil provided that the employee was previ-
Service Commission or by the head of ously fingerprinted;
the department or agency in which the (4) Return to duty after military
appointment or reinstatement is to be furlough or after separation to enter
made.
the military service;
*
*
"SECTION ' 3. All fingerprints of em-
(5) Conversion from a temporary ap-
ployees not now on file in the Federal
Bureau of Investigation, and all finger- within the same establishment, if it is
pointment to an indefinite appointment
prints required to be taken by section 2
known that the employee was finger-
hereof, shall be transmitted to the Fed
printed upon his entry into the service
eral Bureau of Investigation by the head
(departinental circular No. 73, April 29,
of the department or agency concerned 1931; departmental circular No. 270,
for checking and report as to criminal July 5, 1941; departmental circular No.
records, and for permanent classification 306, January 5, 1942; departmental cir-
and fling.
cular No. 323, revised, supplement 3,
"SECTION 4. The Civil Service Con-revision 3, May 14, 1943; departmental
mission is authorized, in its discretion circular No. 495, July 21, 1944; action
to exempt any group or groups of tem- of Commission, March 29, 1941).
i
(November 9, 1944)
103 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
*Civil Service Commission Form 2390 | personnel folder and held until he is re-
will be 118ed as the fingerprint chart ex-employed, at which time reprints. will be
cept in the case of original appointments made and returned to the Federal Bu-
to excepted positions; in the latter case, reau of Investigation in the prescribed
the FBI National Defense Chart will be manner (departmental circular No. 495,
lised.*
July 21, 1944, and supplement 1
At the time of entrance on duty, one thereto, November 2, 1944).*
fingerprint chart for ench employee will Dach department or agency will be re-
be forwarded by the appointing agencies sponsible for notifying the Chief of the
without delay direct to the Identifica- Investigations Division of the Civil Serv-
tion Division, Federal Bureau of In- ice Commission of the discontinuance of
vestigation, Washington 25, D. C. Each offices which have been taking Anger-
chart will bear a code number showing prints for it or the creation of new
the civil-service region, appointing offices (departmental circular No. 496,
agency, and specific location of the office July 21, 1944).
taking the fingerprint, as provided in The Conimission may require finger-
departmental circular No. 496, July 21, prints to be taken of any person under
1944. A transmittal letter is not re-investigation, without regard to the
quired. Such charts will not be di- foregoing requirements.
rected to or through any office of the Statement of reasons for passing over
Civil Service Conimission ; *however, in veteran.-See notes on puge 86.01.
('uses where an agency requests conver- Medical cortitontos.-Civil Service
sion of an employee from an excepted Commission Form 2418 (medical certifi-
to il classified position and in all cases cate) must be executed in connection
in which an agency requests that an in- with original appointments to Indefinite
dividual, be accorded a classified civil. positions under the war-service regu-
service status, the agency will advise lations. Wherever practicable, this
the Commission in the letter requesting form should be secured and passed
the conversion or classification that fin- | upon before the person selected is
gerprints have been submitted to the placed in a duty status or required to
Federal Bureau of Investigation.* Nota- undergo travel to the place of employ-
tion will be made on the official agency ment. This certificate may be executed
copy of the report of personnel action by any doctor of medicine licensed to
(see page 208), showing the date the practice under the laws of the several
fingerprint churt was forwarded to the States, the District of Columbia, and
Federal Bureau of Investigation.
the Territories and possessions of the
Fingerprint charts which cannot be United States. Medical certificates so
processed or classified by the Federal Bu- executed are acceptable not only in con-
reau of Investigation will be returned nection with original appointments, but
by that Bureau to the central office of also in connection with appointments
the appointing agency. The central from the war-reemployment list, and in
office of the appointing agency will be noncompetitive cases, such as reap-
responsible for obtaining a proper print pointinents, transfers, classifications, or
and returning it direct to the Federal (hænges in status (departmental circular
Bureau oť Investigation. No further No. 144, September 12, 1036; Comiuis-
action need be taken on requests for re. sion's minute 2 of March 24, 1941 ; de-
printing for persons who are no longer in purtmental circular No. 240, supplement
the Federal service. However, requests 3, April 18, 1941).
for reprinting for persons who have en- As to the appointing officer's respon-
tered the armed forces or merchant ma- sibility for passing on medical certif-
rine shall be placed in the employee's I cates, see page 89.01.
(November 9, 1944)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT 108.01
In order to provide a uniform method, action, an official copy of the au-
of identifying persons so authorized to thority should be maintained in the
administer oaths in connection with department or agency Ales.
civil-service matters it is requested that (2) Euch person so designated should
the following procedure be observed : be instructed to add to his signature
(1) The written authority provided to an outh, his payroll title, and de
each person 80 designated should con-partment or agency, and the notation
tain the information that the per- "Act of June 26, 1943, Sec. 206."
son authorized has authority to ad- (3) A register of the persons desig-
minister oaths to witnesses in any | nated to administer ouths should be
matter pending before the United maintalned by
the United maintained by each department
States Civil Service Commission, and agency, either in the central-office or
that the authority also covers the exe-feld establishments, to be ina le avull-'
cution of Jurats in application forms, able for inspection by the Cominission
but does not cover authority to execute upon request. The register muy con-
the officer's certificate of residence (see sist of the official copies of authorities
page 253), and that the authority ex- issued, or may be maintained sep-
pires at the termination of the em- arately in card form. The record for
ployee's service in the agency, unless each designated employee should show
sooner terminated by administrative his name, pay roll title, effective date
or
(September 14, 1944)
109 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
of authority, and date of expiration of | ministered" (5 U. S. C. 1940 ed. 18;
authority (departmental circular No. section 1758 of the Revised Statutes).
444, November 5, 1943).
"The chief clerks of the several ex-
*The Commission is of the opinion ecutive departments and of the various
that the designation of the incumbent bureaus and offices thereof in Wash-
of a specific position (i. e., by title) to ington, District of Columbia, are au-
administer oaths does not comply with thorized and directed, on application
the provisions of section 206 of the act and without compensation therefor, to
of June 26, 1943. The language of this administer oaths of office to employees
section—"any officer or employee * required to be taken on their appoint-
designated in writing by the head" of ment or promotion" (26 Stat. 371,
the agency-clearly contemplates the August 29, 1890; 5 U. S. C. 1940 ed.
designation of a responsible person by 19). This act refers only to the 10
name rather than the designation of a executive departments (see 20 Comp.
position (departmental circular No. 444, Gen. 615, April 10, 1941).
supplement 1, November 6, 1944).*
"No officer, clerk, or employee of any
Section 303 of the Second Deficiency executive department who is also a
Appropriation Act, 1941 (55 Stat. 576, notary public or other officer authorized
July 3, 1941), contains the following to administer oaths, shall charge or
provision with respect to authority to receive any fee or compensation for
administer oaths to the affidavits, re- administering oaths of office to em-
quired by annual appropriation acts ployees of such department required to
(see page 107), as to nonadvocation of, be taken on appointment or promotion
and nonmembership in organizations therein” (26 Stat. 371, August 29, 1890:
that advocate, the overthrow of the 5 U. S. C. 1940 ed. 20).
Government of the United States by As to authority to administer oaths
force or violence:
to civil-service applications, see notes
"Such administrative or supervisory on page 51.
employees of the various executive de-
Where a person required to take the
partments and other governmental oath of office under section 1757 of the
agencies as may be designated for the Revised Statutes is not in a position to
purpose by the heads of the various execute it before any of the officers
executive departments and other gov- specifically named in the statutes au-
ernmental agencies are hereby author- thorizing the administration of such
ized to administer the oaths to persons oath, the required oath may be taken
making affidavits referred to in this before any officer authorized to admin-
section and similar sections in other ister oaths generally at the place where
appropriation acts, and they shall the oath is taken (11 Comp. Gen. 327,
charge no fee for so doing :
February 26, 1932). "In this connection
There are several special statutes as attention may be called to the fact that
to authority to 'execute the oath of office it has been held (24 Dec. Comp. Treas.
required by section 1757 of the Revised 547, March 26, 1918; 4 Comp. Gen. 845,
Statutes (5 U. S. C. 1940 ed. 16). They April 11, 1925 ; see also United States v.
are as follows:
“The cath of office required by sec- Eaton, 169 U. S. 331) that while the oath
tion 16 of this title may be taken be- must be taken before the officer or em-
fore any officer who is authorized either ployee is entitled to payment, when the
by the laws of the United States or by oath is taken the right to compensation
the local municipal law, to administer may relate back to the date of the ac-
oaths, in the State, Territory, or Dis- ceptance of the appointment in the ab-
trict where such oath may be ad. I sence of any restriction in the appoint-
*
(Norember 9, 1944)
NOTES ON SEPARATIONS AND TERMINATION OF ACTIVE SERVICE 181
to prefer charges in removing a pro-, (37 Stat. 555; U. 8. C. title 5, sec. 652),
bationer after full and fair trial (Com-' the Secretary of War may remove from
mission's minute 3 of March 28, 1913; the classified civil service of the United
U. 8. ex rel. Kenny v. Morgenthau et al., States any employee of the Military Es-
District Court, D. C., Feb. 23, 1937), al- | tablishment forthwith upon a finding
though the procedure prescribed for per- that such person has been guilty of con-
manent employees by section 1 of rule duct inimical to the public interest in
XII may be followed in the case of pro- the defense program of the United
hationers if the employing agency so States and upon the giving of notice to
desires (departmental circular No. 191, such person of such charges : And pro-
supplement 1, May 10, 1940). The spe- vided further, That within thirty days
cial procedures prescribed by section 14, after such removal such person shall
of the Veterans' Preference Act of 1944 have an opportunity personally to an-
(see page 10.04) are applicable only to swer such charges in writing and to
persons who have "completed a proba- submit affidavits in support of such
tionary or trial period." For more de- answer."
tails as to the separation of probation- Section 3 of the act of December 17,
ers, see page 260.*
1942 (56 Stat. 1053; 5 U. S. C. 1940 ed.,
Under War Service Regulation VII, supp. II, 652 note), provides as follows:
the provisions of civil-service rule XII "The provisions of section 6 of the act
apply to all persons appointed under the of August 24, 1912 (37 Stat. 555; U. S. C.,
provisions of the War Service Regula-title 5, sec. 652), shall not apply to any
tions except those appointed for periods civil-service employee of the War or
specifically limited to one year or less, Navy Departments or of the Coast
those serving the trial period provided Guard, or their field services, whose im-
for in section 3 of War Service Regula-mediate remoral is, in the opinion of
tion V, and those appointed subject to a the Secretary concerned warranted by
condition imposed by the Commission the demands of national security, but
which has not been complied with. nothing herein shall be construed to re-
*Persons in these three groups are also peal, modify, or suspend the proviso in
excepted from the special procedure for that section. Those persons summarily
persons entitled to veteran preference removed under the authority of this sec-
which is provided by section 2 of war- tion may, if in the opinion of the Secre-
service regulation VII, based on section | tary concerned, subsequent investigation
14 of the Veterans' Preference Act. so warrants, be reinstated, and if so
Special removal procedure for War reinstated may, in the discretion of the
and Navy Departments.-The removal Secretary concerned, be allowed com-
procedure set forth on page 180 is, in pensation for all or any part of the pe-
general, applicable to the War and Navy riod of such removal in an amount not
Departments as well as to other agen- to exceed the difference between the
cies. In certain cases, however, remov- amount such person would normally
als from those departments may be have earned during the period of such
made instead under the procedure set removal at the rate he was receiving on
forth in the act of July 2, 1940, or of the date of removal, and the interim net
December 17, 1942, whichever is appro- earnings of such person: Provided, That
priate.
within thirty days after such removal
Section 4 (a) of the act of July 2, 1940 any such person shall have an oppor-
(54 Stat. 713; 5 U. 8. C. 1940 ed. 653), tunity personally to appear before the
provides in part as follows:
official designated by the Secretary con-
“Notwithstanding the provisions of cerned and be fully informed of the
section 6 of the act of August 24, 1912 reasons for such removal, and to submit,
(November 9, 1944)
182 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
within thirty days thereafter, such, who is in the military service of the
statement or affidavits, or both, as he United States, including the various
may desire to show why he should be women's auxiliary corps that have been
retained and not removed."
organized or may be organized in the
The act just quoted is effective from future. Final action in these cases will
June 30, 1942, on which date a similar be held in abeyance until the individ-
provision (section 6 of the act of June ual has been released from military
28, 1940, 54 Stat. 679), expired by limi- service. The only immediate action to
tation. The new act is to remain in be taken will be the flagging of the
force until the termination of the pres- individual's name on the Commission's
ent war or until such earlier time as records so that the case may be recon-
the Congress by concurrent resolution sidered at such time thereafter as the
or the President by proclamation may individual may apply for reinstatement
designate.
in the Federal service, or for restora-
The special statutory authority con- tion of eligibility on any register, or
tained in the act of December 17, 1942, may file an application for examination.
to remove employees summarily upon Whenever a request for a removal of
suspicion of certain prohibited activities an individual from a position in the
and to compensate them for the period classified service is received by a de-
of removal after investigation and rein- partment and the individual is in the
statement includes the authority to sus- military service, the case should be
pend employees pending investigation of returned to the Commission, reporting
such activity and to compensate them the facts with respect to the military
for the period of suspension after in- service of the employee involved, and
vestigation and restoration to active without other action.
duty, without charging any portion of The preceding paragraphs of this
the period to annual leave (21 Comp. note will not apply in cases involving
Gen. 717, January 29, 1942).
violations of the prohibitions against
Effect of a reduction of a post office political activity on the part of Fed-
to the third class.-When a post office eral employees, inasmuch as specific
is reduced to the third class, the posi- regulations and procedures have been
tions of all clerical employees therein established to govern the handling of
are automatically dropped from the such cases (see page 415) (departmental
circular No. 396, December 11, 1942).
competitive classified service. At those
*As to the submission of reports of
offices where city or village delivery is
separations which were made at the
maintained, the city or village delivery request of the Civil Service Commis-
carriers are retained in their positions. sion, see page 207.01.*
Effect of relegation of postmastership
Responsibility for removal.-A per-
to fourth class.-See notes, page 381.01.
son in the classified civil service cannot
Commission requests for the removal be deprived of his status in the service
of employees of other agencies.The except by remoral as provided in sec-
Commission will make no request for tion 6 of the act of August 24, 1912 (37
the removal from a position or office la Stat. 555) (see page 180), and it is
the classified civil service of a person for the head of a department, and
(November 9, 1944)
NOTES ON SEPARATIONS AND TERMINATION OF ACTIVE SERVICE 183
.
not the Civil Service Commission, to agency reports was made pursuant to
determine when there exists proper section 9A of the act of August 2, 1939
cause for removal (30 Op. Atty. Gen. (see page 422), which requires the im-
79, February 24, 1913). (See also sec-mediate removal of any person who has
tions 2 and 4 of rule XII.) *In the case membership in any political party or
of permanent or indefinite employees en- organization which advocates the over-
titled to veteran preference, who have throw of our constitutional form of
completed a probationary or trial period, government in the United States (de-
an appeal to the Commission is provided partmental circular No. 222, June 20,
by section 14 of the Veterans' Preference 1940). For procedure to be followed
Act of 1944 (see page 10.04). Regula- prior to such removals, see page 423.
tions governing such appeals appear on The courts have no jurisdiction to
pages 177 to 179.
review the action of an appointing of-
Jurisdiction in removal and reduc- ficer in removing an employee. The
tion.-The Commission's authority in right of appointment necessarily in-
the matter of removals and reductions volves the right of removal. This power
is determined by the civil-service laws is absolute, except in so far as re-
and rules. These provide for an appeal stricted by Congress. The Civil Sery-
to the Commission in cases involving ice Act limits the power of removal in
removals of permanent or indefinite em- no respect, except for the single cause
ployees entitled to veteran preference, of failure to contribute money or serv-
who have completed a probationary or ices to a political party. An employee's
trial period. (For regulations govern- fitness, capacity, and attention to his
ing such appeals, see pages 177 to 179.) duties are questions of discretion and
In the case of other employees, the civil- judgment to be determined by the
service laws and rules give the Commis- heads of the departments. Such ques-
sion authority to investigate only when tions are beyond the power of any
it is alleged that the procedure required court (Taylor . Taft, Secretary of
by law or rule has not been followed, War, 24 App. D. C. 95). See also Ben-
that unequal penalties have been im- nett v. United States, 1939, 89 Ct. Cls.
posed for like offenses, or that political 322,
or religious discrimination has been ex- *Review of statements of employees
ercised. The Commission has no juris- removed on charges.-(a) Preference
diction, except in the case of the par- employees.--Section 14 of the Veterans'
ticular employees referred to above, to Preference Act of 1944, which provides
investigate the sufficiency of the reasons for an appeal to the Commission from
of a removal or reduction alleged to removals in the case of permanent and
have been made without due cause. In
indefinite employees entitled to veteran
the case of all employees other than preference who have completed a proba-
those possessing the statutory right of tionary or trial period, appears on page
i appeal referred to above, the question 10.04. Under the terms of this section,
whether or not the reasons are sufficient
the Commission may declare any such
is a question for final determination by
the appointing officer, and cannot under preference employee who may have been
existing law and rules be made the sub-dismissed or furloughed without pay to
ject of appeal to or inquiry by the Com- be eligible for the benefits of section 15
mission. (See, however, note on "Re- of the act, which include placement on
view of statements of employees re appropriate civil-service registers and/or
moved on charges," below.) *
employment lists. The regulations gov-
The Commission will not investigate erning such appeals appear on pages 177
any removal which the department or to 179.
(November 9, 1944)
183.01 CIVIL SERVICE ACTS, RULES, AND REGULATIONS, ANNOTATED
(0) Employees generally.—The bene- persons who have completed probation.
d
fits of section 14 of the Veterans' Prefer- No case will be considered under this
ence Act of 1944 are available only to the provision of the rules unless submitted
particular groups of employees men- to the Commission within six months
tioned above. However, certain benefits from the date of removal.
are provided for employees generally by · In such cases the Commission will
section 4 of civil-service rule XII, which consider first only the sworn state
is not superseded by the war-service reg-ments of the employee and of such
ulations. This section reads in part as other individuals as he may submit. If
follows:*
it is determined that the evidence sub-
"The Commission may, however, re- (mitted (considered in connection with
ceive or hear the statement of any em- the statement of the charges, the
ployee removed on charges, and may, | answer made thereto, and the reasons
in its discretion, certify the employee | for removal, which reasons will be
to any other department or establish- secured from the department or agency
ment for reinstatement to a vacancy concerned) does not make out a prima
in any position for which the employee facie case of injustice to the employee
is qualified, and in the event of such and that he would not render satis-
reinstatement the employee shall re- factory service in other agencies even
tain his former status and tenure in | under more favorable circumstances
the service for all purposes.”
and a different supervisor, the former
This provision applies only in re- employee will be notified and no second
movals from the classified service appeal will be considered unless sub-
occurring after February 1, 1939, of stantial new evidence is presented. If
(November 9, 1944)
NOTES ON SEPARATIONS AND TERMINATION OF ACTIVE SERVICE 184
it is determined that a prima facie which requires the immediate removal
case is made out favorable to the for- of any person who has membership in
mer employee, and afirmative action any political party or organization
is taken by the Commission, a letter which advocates the overthrow of our
will be sent to the appointing officer constitutional form of government in
with any certification to a department the United States, constitutes a statu-
or agency other than the one from tory exception to this provision of sec-
tion 2 of rule XII (departmental circu-
which separated, to fill a vacancy in
lar No. 222, June 20, 1940).
the type of position from which re-
Removal because of onion member-
moved, stating that the Commission
has found, under section 4 of civil- ship or presenting grievances or infor-
mation to Congress.-Section 6 of the act
service rule XII, that the former em-
of August 24, 1912 (37 Stat. 555; 5
ployee is qualified and suitable for ap- | U. S. C. 1940 ed. 652), provides as fol-
pointment by way of reinstatement,
lows: “Membership in any society, asso-
and suggesting his consideration with
ciation, club, or other form of organiza-
the eligibles certified from the register. tion of postal employees not affiliated
The special certification of the for- with any outside organization imposing
mer employee's name will be limited to
an obligation or duty upon them to en-
his period of eligibility for reinstate- gage in any strike, or proposing to assist
ment but not to exceed a maximum them in any strike, against the United
period of two years from the date the States, having for its objects, among
Commission approved his case under other things, improvements in the condi-
section 4 of rule XII.
tion of labor of its members, including
A former employee declared eligible hours of labor and compensation there-
under section 4 of rule XII will not be for and leave of absence, by any person
s certified to the same appointing officer or groups of persons in said Postal Sery-
more than three times (Commission's ice, or the presenting by any such person
minute 5 of June 7, 1940).
or groups of persons of any grievance
See also notes on pages 122, 123, or grievances to the Congress or any
and 207.
Member thereof, shall not constitute
Dismissal because of low efficiency or be cause for reduction in rank or
rating.--See page 165.01.
compensation or removal of such person
Unequal penalties for like offenses or groups of persons from said service.
prohibited. Section 2 of civil-service The right of persons employed in the
rule XII, which is not superseded by civil service of the United States, either
the war-service regulations, provides in individually or collectively, to petition
part as follows: "In making removals Congress, or any member thereof, or to
or reductions, and in other punishment, furnish information to either House of
like penalties shall be imposed for like Congress, or to any committee or Mem-
oftlenses."
ber thereof, shall not be denied or inter-
Removal because of political or re- fered with.”
ligious reasons.-Section 2 of civil-sery- Removal of noncitizens. See notes,
ice rule XII, which is not superseded by pages 53 and 92.
the war-service regulations, provides in Removal because of membership in
part as follows: "In making removals subversive organizations.-See act of
or reductions, and in other punishment, August 2, 1939, page 422.
discrimination shall be Removal for political activity.--See
exercised for political or religious rea- act of August 2, 1939, page 411.
sons." The provision of section 9A of Removal for instructing applicants
the act of August 2, 1939 (see page 422), ) for examination.-See note, page 60.
no
1
រ
185 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
page 198.
Effeotive date of removal. See notes, ciuployee with established reemploy-
ment or restoration rights, or for other
Notification to Commission of. re- reasons. However, the term does not
movals based on defect in examination apply to (1) termination of temporary
procedure.--The Commission should be appointments limited to one year or
informed of cases involving removals less, (2) termination of appointments
based on a defect in the exanıination on when-actually-employed (WAE)
procedure in order that it may insure busis, (3) retirement of employees, or
all proper consideration of the rights (4) separations for unsatisfactory
of applicants which might be over- service.
looked through possible misunderstand- (6) Retention groups and subgroups
ing of civil service procedure by the mean classes of employees entitled to
departments (Commission's minute 2 of the same degree of retention preference
March 24, 1939).
on the basis of tenure of employment
and reteran preference.
(0) Retention credits are credits for
RETENTION PREFERENCE REGULATIONS FOR
USE IN REDUCTIONS IN FORCE
length of service and efficiency ratings in
determining retention order in each re-
(Promulgated by departmental circular
tention subgroup. They are computed
No. 510, November 15, 1944; 9 F. R. by allowing one point for euch full year
· 13690)
of Federal governinent service and 80
SECTION 1. Authority.-Under the
points for a "Good", 88 points for a
provisions of the Veterans' Preference “Very Good", and 96 points for an "Ex-
Act of 1944 (Public Law 359, 78th Con-cellent” efficiency rating.
gress, 2nd Session)," these regulations
(d) federal government service
establish degrees of retention preference means the total of all periods of serv-
and uniform rules for reductions in force. ice eligible for consideration for civil
They apply to all civilian employees. In service retirement purposes, without re-
the executive branch of the Federal Gov- gard to whether the employee is eligible
ernment, and in the municipal govern- or will be eligible actually to receive re-
ment of the District of Columbia, except tirement benefits. All active military
those whose appointments are required service is counted whether or not vet-
to be approved by the Senate, and those
eran preference is given therefor or
who are appointed by the President of whether it is eligible to be considered for
the United States.*
civil-service retirement purposes. Total
Sec. 2. Definitions. For the purpose service shall consist only of full years of
of these regulations, definitions are given creditable service, but fractions of a
for words, terms, and phrases as follows:
(a) Reduction in force means the in- o As to termination of temporary appoint-
voluntary separation from the rolls of ments, see page 111.
• As to separations for unsatisfactory serv-
a department, or furlough in excess of
ice, see page 166, and, in the case of persons
90 days, of one or more employees in
serving their trial periods, page 28.01.
order to reduce personnel. Reduction
? Inasmuch as determinations whether sery-
of personnel may have to be made be- ice 18 creditable for purposes of reinstatement
cause of lack of funds, personnel ceil- under civil-service rule IX 'follow closely the
inge, reorganization, decrease of work, deterinination whether service is eligible for
consideration for civil-service retirement pur-
to make a position available for a former
poses, the notes on "Service credit" on page
267 may be useful as a general guide in this
3 This act appears on pages 10 to 10.08.
Note, particularly, Aection 12 of the act, page
connection.
10.04.
# The notes on pages 76.01 to 76.05 will be
* These exceptions are based primarily upon helpful in determining whether a particular
section 20 of the Veterans' Preference Act, period of service constituted active military
page 10.06.
service.
(Norember 9, 1944)
NOTES ON SEPARATIONS AND TERMINATION OF ACTIVE SERVICE 186
}
*
year shall be considered in arriving at (0) Department means an entire ex-
the total."
ecutive department, parent organization
(e) Efficiency rating means (1) for with constituent agencies, independent
employees paid under the compensation establishment, government-owned or gor-
schedules of the Classification Act or of ernment-controlled corporation of the
Executive Order 8746; the current official Federal government, the municipal gov-
efficiency rating under the Uniform Effi- ernment of the District of Columbia, or
ciency Rating System; 10 and (2) for any other such organization or separate
other employees the current eficiency governmental agency of the executive
rating under an efficiency rating system branch of the Federal government cre-
which is in general compliance with the ated by act of Congress or Executive
uniform system.
order.
Administratively adopted eficiency (n) Governmental entity means a de-
rating systems not in general compliance partment, bureau of a department, par-
with the uniform system may be used for ent organization, constituent agency, in-
determining retention credits with the dependent establishment, entire field
prior approval of the Civil Service Com- installation, regional office, or field sta-
mission.
tion, an operating department of the
(f) Veteran preference employee municipal government of the District of
means an employee entitled to veteran
preference under the Veterans' Prefer- Under the regulations in force prior to
June 27, 1944, preference in reduction in
ence Act of 1944.11
force was granted to persons (whether they
" Length of service for part-time employees, separated from an active status in the armed
served in peace-time or wartime) who were
when-actually-employed (WAE) employees, or
those whoge employment is irregular or in-
forces under: honorable or satisfactory con-
termittent, is computed on the busis of hours ditions; to the widows of persons 80 sep-
Actually served and not on the basis of time arated ; to the wives of persons so separated
during wbich such employees were carried on who, because of service-connected disability
the rolls (action of Commission, August 6, or who were over 55 years of age and because
1944).
of disability, were themselves not qualified
10 The Uniform Eficiency Rating System is for appointment but whose wives were 80
discussed on pages 402 to 406. An oficial effi- qualified. (For interpretations as to the
ciency rating of "Unsatisfactory" assigned to extent of these classes, see the Commission's
an employee before he entered the armed forces Form 1481. “Veteran Preference". June 1988
shall not be used for reduction-in-force pur- edition.) In addition, the act of August 18,
poses after his return to civilian duty. An 1876 (19 Stat. 169; 5 U. S. C. 1940 ed. 87),
oficial special eficiency rating, made in ac-
which applied only to reductions in force
cordance with section 8 of the Eficiency Rat- and not to reductions in rank or salary (27
Ing Manual (Civil Service Commission Form
3823, revised) as amended by departinental Op. Atty. Gen. 490, July 28, 1909), pro-
circular No. 488, June 6, 1944, shall be used
vided preference for orphans of deceased
for that purpose (departmentul circular No.
soldiers and sailors as against ponpreference
486, June 6, 1944).
persons equally qualified. For the purposes
11 Section 2 of the Veterans' Preference Act of this act, the word "orphans" was con-
of 1944 (see page 10) lists the groups of strued as meaning minor children bereft of
persons who are entitled to preference under both parents, and orpbanhood was consid-
that act. For more details on this subject, ered to cease at the age of 21 years, or upon
see page8 76 to 70.
marriage, whichever was earlier (Commis-
Section 18 of the anine act (page 10.06) sion's minute 2 of August 26, 1939).
preserves certain preference rights under At one time the Commission granted pret-
prior statutes, Executive orders, and civil- erence on the basis of service in the armed
service rules and regulations. Preference forces of nations allied with the United States
under the regulations in effect prior to June during the irst World War, but this practice
27, 1944, is retained so long as there is no was later discontinued and the preference pre-
break in service (departmental circular No. viously granted was withdrawu. Persons
493, July 3, 1044). Rights to such prefer- who were granted preference on this basis are
ence inay be established either before or after
fore or after not entitled to preference 171* reduction of
such date (action of Commission, July 26, force (based on Commission's minute 1 of
1944).
February 10, 1936).
(November 9, 1941)
187
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
*
Columbia, or any other such organiza- A-2-Without veteran preference un-
tion or separate governmental agency of less efficiency rating is less than "Good”.
the Federal government created by act A-3 With veteran preference where
of Congress or Executive order.
efficiency rating is less than "Good”.
(i) Competitive area means a govern- A-4-Without veteran preference
mental entity, a combination of govern- where efficiency rating is less than
mental entities, or that part of a gov- "Good”.
ernmental entity for which approval has Group B: All other employees serving
been secured from the Civil Service Com- under appointments with time limita-
mission, within which employees of a tions, such as war service appointments,
competitive level are considered to be in except those in retention group C.
competition.
B-1_With veteran preference unless
(j) Competitive level means all posi- efficiency rating is less than "Good"
tions in the same grade of the same serv- B-2-Without veteran preference un-
ice, trade, or profession (although they less efficiency rating is less than "Good”.
may have difierent titles or different B-3--With veteran preference where.
pay rates), in which interchange of per- efficiency rating is less than "Good”.
sonnel is feasible.
B-4Without veteran preference
Sec. 3. Retention preference Classi- where efficiency rating is less than
fication. For the purpose of determin- "Good".
ing relative retention preference in re-
ductions in force, employees shall be der appointments specifically limited to
classified according to the following com- one year or less, all employees serving
petitive retention groups and subgroups : on a when-actually-employed (WAE)
Group A: All employees serving under basis, all employees retained beyond the
appointments without time limitation or automatic retirement age, and all an-
who were transferred or proinoted with- nuitants appointed under Section 2 (bus
)
out break in service from appointments of the Civil Service Retirement Act, as
without time limitation to appointments amended."
with time limitation, except those in re- C-1_With veteran preference unless
tention group c. (NOTE: A period of efficiency rating is less than “Good”.
separation from the Federal service for C-2–Without' veteran preference un-
less than 30 calendar days is not con- less efficiency rating is less than "Good”.
sidered as a "break in service.")
C-3—With veteran preference where
A-1 plus. (During one-year period efficiency rating is less than "Good”.
after return to duty, as required by C~4-Without reteran preference
law).
where efficiency rating is less than
A-1-With veteran preference unless "Good."
efficiency rating is less than "Good”.
13 As to retention beyond the automatic re-
12 As to laws requiring retention for one tirement age, and reappointment under sec-
year after return to duty, see pages 136, 137, tion 2 (b) of the Civil Service Retirement
138, and 145.
Act, see pages 129 to 133.
+
- Group C: All employees serving un-
12
(November 9, 1944)
NOTES ON SEPARATIONS AND TERMINATION OF ACTIVE SERVICE 188
veteran
SEC. 4. Completion of employee rec- signed certificate substantially as fol-
ords.-Departments and governmental lows :
entities are responsible for maintaining "I certify that the information sub-
current records of information neces- mitted herewith is true, correct, and
sary for determining retention prefer- complete to the best of my knowledge
ence of employees. This includes, for I and belief."
each employee in retention group A, Src. 5. Determination of competitive
information as to whether he has a area.-The area in which a reduction
classified (competitive) civil service in force is made should be a govern-
status in his present position, or in any
mental entity as defined in section 2 (h)
previous position.94
of these regulations.
If these records are incomplete, they
No reduction in force affecting em.
shall be supplemented by written state- ployees in retention groups A or B shall
ments from employees, supported by a
be made in any smaller competitive area
in Washington, D. C., or vicinity with-
14 Departments and agencies should ask out obtaining prior approval from the
the Commission for information regarding central office of the Civil Service Com-
status and length of service only when their
niission, or elsewhere without securing
records or the certified statements of em-
ployees fail to provide such information. In prior approval from the appropriate
formation regarding
preference regional or branch office of the Commis-
should be requested only when the proof sub- sion. Approval will be given if the pro-
mitted does not clearly show honorable dis-
charge, or when wife or widow preference is posed competitive area is large enough
claimed.
to prevent the loss of highly efficient em-
For the purpose of obtaining such informa- ployees, to allow true competition to
tion from the Commission, departments shall exist, and to protect the high retention
use Standard Form 66, which is available at
the Government Printing Office, and may be preference of group A employees. Con-
procured from that ofice in the usual manner.
sideration will be given to the extent of
The department will complete Section A of the competitive level or levels to be
this form, check the items requested, supply affected, whether the proposed competi-
the name and birth date of the employee tive area has independence of operation,
concerned, enter service if verification is
needed, and forward the form to the Civil work functions, and personnel admini-
Service Commission, Service Record Division, stration (although policies may be es-
Washington 25, D. C. The question concern- tablished in higher department levels),
ing veteran preference should be checked only whether the staff of the proposed com-
when military service is shown unless wife
or widow preference is claimed.
petitive area is separately organized and
The Civil Service Commission will com clearly distinguishable from other units
plete Section B in accordance with the in- of the governmental entity, and whether
formation requested and return the forin to
the department.
it is within local commuting distance of
Verification by the Com.
mission of service claimed by employees will other units of the governmental entity.
hereafter be limited to that shown in the If there is doubt as to the size and
Commission's records.
scope of competitive areas, or if it is
Requests for verification (Form 66) need desired to establish competitive areas
no longer be submitted in duplicate. In any
case in which the Commission is unable to smaller than governmental entities as a
verify service from its records it will be the standard practice for reductions in force,
responsibility of the department to obtain departments shall submit proposed plans
verification from the department in which of such competitive areas to the central
the unverified service is claimed. In such
cases it is requested that the verification be office of the Civil Service Commission.
obtained in duplicate and that one copy be When approved, subsequent clearance
forwarded to the Commission, attention Serv- with the Commission will not be neces-
ice Record Division, for incorporation into
the employee's service record (departmental sury unless (1) a proposed competitive
circular No. 456, December 13, 1943, and
area does not conform to the plan, (2)
supplement 1 thereto, May 1, 1944).
reorganization hus affected the plan, or
+
1
(November 9, 1944)
189 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
*
(3) there has been a change in the facts Within each subgroup in retention
upon which the plan was originally groups A and B where some but not all
based.
employees may be affected by the reduc-
Sec. 6. Special rule relating to con- tion in force, names shall be arranged in
solidations and mergers.---Before any sequence according to reduction credits,
reduction in force is made as the result with higher retention preference accorded
of the transfer of any or all of the func- to those with a greater number of reten-
tions of one department to another con- tion credits. No computations of reten-
tinuing department, all veteran prefer- tion credits are necessary for employees
ence employees and all retention group in any retention subgroup which will not
A employees assigned to any such func- be affected by the reduction in force, in
tion shall be transferred to such con- any subgroup where all of the employees
tinuing department.18
are to be separated, or in retention group
SEC. 7. Reduction in force-Compila- C. For this purpose, the employee
tion of retention register.—Whenever records shall be reviewed and brought up
there is to be a reduction in force there to date with respect to length of service,
shall first be determined the competi- efficiency ratings, and other particulars
tive level or levels to be affected. Each regarding which changes have occurred
employee whose official position is in since the records were last made cur-
such a competitive level shall be consid- rent.28
ered in competition in his retention This register shall be maintained in
group in any reduction in force, whether the order specified for inspection by em-
he is in a duty or leave status, pay or ployees, and shall at all times be avail-
nonpay status, or actually engaged on able for inspection by representatives
work in another department, another of the Civil Service Commission.
competitive area, or in another com-
SEC. 8. Reduction in force—sequence
petitive level ; except that there shall be of selection. Within each competitive
excluded all persons in the active mili-level, action must be taken to eliminate
tary service of the United States or in all employees in lower subgroups before
the Merchant Marine, all persons on fur- a higher subgroup is reached, and within
Jough to private industry or public en- each subgroup of retention groups A
terprise under the provisions of section and B, action must be taken concerning
4, War Service Regulation IX,10 and all all employees with a lower number of
persons on terminal leave.17
retention credits before an employee
A retention register shall be compiled with a higher number of retention cred-
for each competitive level in which a
its is reached, except as provided below.
reduction in force is to be made, showAction may be taken at administrative
ing the names of all employees in com- discretion within any subgroup of re-
petition by retention groups and sub- tention group C. Whenever two or more
groups. It shall be arranged in sequence employees are tied for position in reten-
showing subgroup A-1 plus with highest tion group A or B, the ties shall be bro-
l'etention preference, followed in order ken by giving consideration to such inat-
by subgroups A-1, A-2, A-3, A4, B-1, ters as official conduct, or established
B-2, B-3, B4, C-1, C-2, C-3, and C4. administrative policy.10
16 In the case of preference employees, such 18 As to procedure in cases where employees
transfer is also required by section 12 of the had official efficiency ratings of "Unsatisfac-
Veterans' Preference Act of 1944 (see page tory" at the time of entry into the armed
10.04), and section 12 of war-service regula- | forces, see page 166.
tion IX (page 39).
19 A letter of the President to the Commis-
10 This section appears on page 34. See also sion, dated April 22, 1937, wbich is quoted
notes on page 195.01.
in full on page 163, requires that considera-
17 For definition of the term “terminal tion be given to speculative activities of em-
leave", see page 485. Terminal leave is dis ployees in passing upon qualifications for
cussed in more detail on pages 512 to 517. retention
(November 9, 1944)
NOTES ON SEPARATIONS AND TERMINATION OF ACTIVE SERVICE 190
In unusual situations, an employee year, employees reached for action may
performing necessary duties which can- be furloughed. Furloughs may also be
not be taken over by any other available used in lieu of separations except that
employee with higher retention prefer- in any reduction in force where any em-
ence without undue interruption to the ployee is furloughed in lieu of separa-
activity involved, may be retained, al- tion, all employees with higher reten-
though employees with higher retention tion preference who have been reached
preference may be affected. A written for action shall also be offered furloughs
statement of the reasons for such excep-in lieu of separation. The furlough
tion shall be made for inspection by em- period shall not exceed the unexpired
ployees adversely affected and for re- portion of the period of appointment and
view by representatives of the Civil in no case shall it exceed one year. In
Service Commission.
the event that vacancies are to be filled
Within each subgroup in retention in positions of the competitive level and
group A, employees with classified (com-competitive area from which employees
petitive) civil service status shall be have been furloughed, the furloughed
retained in positions under the Civil employees shall be given opportunity to
Service Act and Rules in preference to return to duty before any original ap-
employees without classified (competi-pointments are made to such positions.
tive) civil service status, regardless of Offers of recall to duty shall be made
retention credits.
in the order of retention preference of
When a reduction in force is necessary furloughed employees.
only because of a curtailment in funds (b) Exceptions-Statutory reten-
from which excepted employees are paid, tion.-Whenever an employee in sub-
only employees in excepted positions group A-1 plus is reached for action in
shall be considered in competition for a reduction in force, he shall be placed
the reduction in force.
in some other position of like seniority,
Seasonal employees shall be consid-status, and pay elsewhere in the depart-
ered in competition only with other sea- ment, and, wherever possible, at the same
sonal employees in reductions in force. geographical location.
No discrimination shall be exercised, (c) Deceptions-Status employees.-
threatened or promised in any reduction Whenever a retention group A employee
in force against or in favor of any em- with a classified (competitive) civil-
ployee because of race, or his political or service status cannot be retained in his
religious opinions or affiliations.
present position, he shall be given an
Sec. 9. Reductions in force-Ac- opportunity for transfer or reassignment
tions.—Employees who cannot be re- to a continuing position at the same geo-
tained in their positions because of a graphical location, provided that there
reduction in force shall be separated, ex- is available a position under the Civil
cept as provided below. Such actions Service Act and Rules, not occupied by
inay be effective at different times with a retention group A employee with a
in 90-day periods, each 90-day period classified (competitive) civil-service
being considered as a separate reduc- status, which may reasonably be ex-
tion-in-force program, and may be made pected to continue for one year or more,
effective without the prior approval of which the retention group A employee is
the Civil Service Cominission.
qualified to fill without undue interrup-
(a) Erceptions—Furloughs.-Wheretion to the activity involved. Depart-
the reduction in force is the result of a ments are authorized to waive this rule
temporary condition which is not ex- in the cases of retention group A em-
pected to continue for niore than one ployees who have restoration or reem-
(November 9, 1944)
190.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
*
ployment rights to positions in other specifying the nature of the action and
departments. 20
the date of termination of active duty,
(d) Actions concerning displaced em- the notice shall inform the employee of:
ployees.-Additional actions necessary (a) his right to be continued in a
in connection with employees displaced, pay status until accrued leave is ex-
as a result of transfers or reassign- hausted,
ments under rules (6) and (c) above, (b) the proper office of the organiza-
shall be determined on the basis of their tion where he may examine a copy of
retention preference in their respective these regulations and inspect the reten-
competitive areas and competitive levels. tion register and records,
SEC. 10. Reductions in force Notice (c) his right to appeal the proposed
to employees.-Each employee affected action to the Civil Service Commission
by a reduction in force shall be given (Washington employees to the central
an individual notice in writing at least office and others to the appropriate re-
30 days before the action becomes effec- gional or branch office) within 10 days
tive. A stateinent of availability shall from the receipt of notice, and
also be given to each employee who is (a) the procedure for exercising any
to be separated or furloughed. 21 Wher- restoration or reemployment-list rights
ever possible, this notice shall be given he may have, 44 and the channels (depart-
30 days before the employee is relieved mental and field) through which he may
from active duty, and the employee shall apply for other government employment.
be continued in a pay status until his SEC. 11. Reductions in force-Reports
accrued annual leave is exhausted.2 to the Civil Service Commission. As
Where there is insufficient work to con- soon as employees are notified of the
tinue the employee in an active-duty proposed action, and within the 10-day
status for 30 days, he shall have the period allowed for the filing of appeals,
greatest notice possible before he is re- a notice shall be sent to the appropriate
lieved from active duty, and shall there- | office of the Civil Service Commission in-
after be carried in a pay status until his dicating the retention subgroup and
accrued leave is exhausted. If the pe- credit point above which employees will
riod of active duty after notice is given be retained, listing the names of any
and the period of accrued leave total employees below such point who are re-
less than 30 days, the employee shall be tained, and the reasons for their reten-
carried in a nonpay status for the re-
tion, and certifying to compliance with
mainder of the 30-day period. Besides
all regulations gorerning the actions.
20 See page 146.
21 For details as to issuance of statements
23 See section 13 (page 191) for appeals pro-
of availability, see pages 193 to 19.5.
cedure.
22 Continuance in a pay status until ac-
24 As to reemployment rights, see page
crued annual leave is exhausted is also re- 146; as to the war reemployment list, see war
quired by section 2.4 of the Leave Regulations service regulation XIV (page 41.01) and
(page 486). See also notes on page 513. notes on page 124.
(Vovember 9, 1944)
NOTES ON SEPARATIONS AND TERMINATION OF ACTIVE SERVICE 191
SEC. 12. Reductions in force-Special | partment, governmental entity, or com-
rules on liquidation.-Whenever it has petitive area; (2) a certificate that no
been determined that all functions and employee with veteran preference is
all positions in an entire department, an being separated in advance of any em-
entire governmental entity, or an entire ployee without reteran preference where
competitive area are to be abolished their positions are immediately inter-
within a specified time period, actions changeable; and (3) a list of all reten-
may be taken in regard to individual em-tion group A employees with classified
ployees at different dates at administra- (competitive) civil service status who
tive discretion; except that no employee have not been transferred or assigned
with veteran preference shall be separ- to other positions. This report shall be
ated before an employee without reteran submitted within 10 days after the first
preference where their positions are individual notices of separation are
immediately interchangeable. 25 (Note: given to the employees affected.
A mere limitation of authority to a spec-
Where it is necessary to liquidate a
ified date in the law which establishes, major activity which is not an entire
authorizes or extends an agency is not competitive area, or which is a part of
a sufficient basis for the application of two or more competitive areas, the Civil
the provisions of this section of these Service Commission will consider a re-
regulations.)
quest to establish such activity as +
In such cases, the employees of the competitive area for the purpose of such
particular department, entity, or com-
liquidation.
petitive area shall be given individual
SEC. 13. Reduction-in-force appeals.-
notices in writing containing a state any employee who feels that there has
nient of the law, Executive order, or au-
been a violation of his rights under
thority which requires the liquidation these regulations may appeal to the ap-
of the department, governmental entity, propriate office of the Civil Service Com-
or competitive area, and the time period mission 'within 10 days from the date he
in which the liquidation is to be accom- received his notice of the action to be
plished, and informing them of their taken. This time limit may be extended
rights to appeal to the Civil Service only upon a showing by the employee
Commission if they feel that there has that circumstances beyond his control
not been compliance with the provisions prevented him from filing his appeal
of these regulations. The notices shal: within the prescribed 10 days. In order
also inform employees of their rights to that employees may be informed of the
retention on the rolls for at least 30 days, facts on which action is based they shall
of the procedures necessary to exercise have the right to examine a copy of
any restoration or reemployment rights these regulations and to inspect the re-
they may have to positions in other detention register and records on which
partments, governmental entities, or their names appear, including state-
competitive areas, and of the procedures ments of reasons for passing over em-
necessary to have their names entered ployees with lower standing, on the re-
on the reemployment list.20
tention list.27 Such appeal should set
A report of all liquidation programs forth whether the protest against action
shall be made to the Civil Service Com- is based on an error in the records, vio-
mission which shall include (1) a copy lation of the rules of selection, restric-
of the law, Executive order, or other tion of competitive area or competitive
authority for the liquidation of the de- level, or denial of right to examine regu-
lations, retention register and records.
26 As to leave rights in cases where the
liquidation of an agency is required by law,
SEC. 14. Actions disapproved by the
see page 514.
Civil Service Commission.Whenever
28 As to the war reemployment list, see
war-service regulation XIV (page 41.01) and 27 As to employees' rights to examine rec-
notes on page 124.
ords of efficiency ratings, see page 404.
(Norember 9, 1944)
192 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
Such ap-
*
the Civil Service Commission, as the re- | ing the results of each exit interview.
sult of a decision on the appeal of an The records of exit interviews will be
employee, disapproves the action taken subject to periodic call from the Civil
under these regulations, the head of the Service Commission.
department or governmental entity shall If a more satisfactory placement
restore the employee to active duty. within the department or agency cannot
With respect to reductions in force be effected as a result of an exit inter-
outside the Washington, D. C. area, the view, the Commission requests that the
decision of the Commission's regional employee be sent to the Civil Service
director is the decision of the Commis- Commission for further interview not
sion on appeals.
later than the effective date of his resig-
SEC. 15. Civil Service Commission nation with a letter to the Commission
setting forth the reasons for
points of contact.--Inquiries and cor-
his
respondence concerning these regula-
resignation.
tions or standard plans of competitive
Appointing officers in the field should
be instructed to exert every effort to-
areas, and reports and appeals concern-
ing reduction-in-force and liquidation in their own organization of employees
ward the niore effective placement with-
programs in the vicinity of Washington, who contemplate resigning because of
D. C., shall be addressed to the Civil dissatisfaction with working conditions
Service Commission, Washington 25, (departmental circular No. 377, Septem-
D. C. for the attention of the Efficiency ber 30, 1942; supplement i thereto,
Ratings Administration Section, Per October 27, 1942; and supplement 3
sonnel Classification Division, Room 801,
thereto, March 21, 1944).
Victor Building, 724 Ninth Street, N. W. pointing officers should send employees
Inquiries, correspondence, reports and who are resigning to the regional office,
sppeals concerning reduction-in-force
it branch othice, or a special representa-
and liquidation programs outside the
tive when the resigning employee's post
Washington, D. C. area, except matters
involving an established plan of com-
of duty is in the locality of the
petitive areas for the department or gov-
regional office, a branch office, or a
ernmental entity, shall be addressed to special representative domiciled outside
the appropriate regional or branch of the regional headlquarters city. In
fice of the Commission,
other cases, appointing officers should
SEC. 16. Effective date.--This depart- inake a written report to the regional
mental circular supersedes departmental diſector of all the circumstances in the
circular No. 500 of August 3, 1944, and case, and furnish a regular civil-service
is effective December 1, 1944.*
application form duly executed by the
resigning employee (action of Commis-
RESIGNATION
sion, October 29, 1942).
Exit interviews.-The Civil Service Issuance of statement of availability
Commission endorses the recommenda. upon resignation.--See noteson page 194.
tion of the Council of Personnel Admin- Report of resignation to Commis-
istration that all Government depart- sion.-See notes on page 207.
ments and agencies conduct exit inter- Reemployment after resignation.-See
views, record these interviews, submit notes on page 122.
reports monthly to the Commission, and
take steps to consider the resignations RELINQUISHMENT OF FEDERAL POSITION
of employees on an individual basis, in
TO ACCEPT EMPLOYMENT OUTSIDE THE
an effort to make some satisfactory
FEDERAL EXECUTIVE CIVIL SERVICE
placement within the department or [NOTE.--As to acceptance of private em-
agency in cases in which resignation is
ployment without relinquishing Federal.
caused by dissatisfaction with working
position, see notes on page 441]
conditions. Civil Service Commission Requirement of statements of avail.
l'orm 3964 may be used for record- ability.-War Manpower Commission
(November 9, 1944)
U.S. GOVERNMENT PRINTING OFFICE OⓇ-1944
J K
633
A 22
CIVIL SERVICE ACT AND RULES
TRANSMITTAL SHEET NO. 21
November 16, 1944 ·
These sheets should be cut or torn apart along the perforations.
They should then be substituted as shown on the back of this page
for
pages of the loose-leaf edition of the "Civil Service Act and Rules."
The steps in making the insertions are explained on page XX of the
introductory chapter, "How to Use This Book." The date of this trans-
mittal sheet and the date of filing should then be noted on the "Filing
Record" at the front of the book, and this page should be filed imme-
diately behind Transmittal Sheet No. 20.
When this filing is completed, pages 1 to 220, 291 to 365, 377 to 406,
and 447 to 525 will be up to date as of November 16, 1944.
Remarks
Additions have been made on pages 119, 121, 195, 196, 404, 404.01.
405, 406, 406.01, 457.01, 505.01, 506, 512, and 512.01.
Deletions have been made as indicated on pages 120 and 121.
Changes have been made on pages 119, 119.01, 120, 121, 122, 122.01,
403, and 404.
The first deletion on page 120 is due to the omission of the corre-
sponding words in departmental circular No. 323, revised, supple
ment 3, revision 3. The second deletion is a clarification; the reem-
ployments referred to in the deleted matter would be effected, if
effected, under authorities other than regulation VIII, although they
would otherwise be subject to the provisions of the paragraph from
which the deletion is made. The material deleted on page 121 has
been replaced by a cross-reference elsewhere in the same paragraph.
It is believed that the nature of all other changes will be obvious
upon comparison of the old with the new pages.
There is some possibility that the chapter on "Provisions Governing
Personnel Administration Within Departments and Agencies" may be
broadened to cover additional topics. This is dependent to some
extent upon the outcome of studies now being made as to the best
methods of issuing material on Commission regulations, policies, and
procedures. However, it was thought best to bring the material now
contained in this chapter up to date, without further delay, in order
that it may be used without uncertainty as to whether it has been
affected by changes subsequent to October 31, 1943.
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PEPESITED BY THE
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NOTES ON REENTRY INTO THE FEDERAL SERVICE
119
DEC 10
NOTES ON REENTRY INTO THE FEDERAL SERVICE
See, war-service regulation VIII)
HT
Tenure and status after reappoint- (a) Those entitled to veteran prefer-
ment.—Reappointment under war-sery- ence under the Veterans' Preference
ice regulation VIII is limited to the Act of 1944 (see page 10) who have had
duration of the war and not to exceed any service (regardless of length) in the
six months thereafter, as in all other executive branch of the Federal Govern-
war-service appointments, except tem- ment or in the District of Columbia gov-
porary. A reappointment under regu- ernment;
lation VIII does not, however, deprive (b) Those who would have a status
a former classified civil-service em for reinstatement under civil-service
ployee of any eligibility he may have rule IX and the regulations in force prior
for future reinstatement under civil- to March 16, 1942 (see page 264);
service rule IX (departmental circular (c) Those who served at least 30 days
No. 323, revised, supplement 3, revision under war-service indefinite appoint-
3, May 14, 1943).
ment and who are proposed within 12
* Approval of a reappointment under months of termination of such service
war-service regulation VIII is not to be for reappointment to the same agency
considered as evidence of the civil sery-
in which such service was rendered
ice status of the person l'eappointed ("agency” for this purpose is a depart-
(action of Commission, July 26, 1944).*
ment or independent establishment).
Reappointments in the District of Co-
Appointments of employees in fur-
lumbia government. Reappointments
lough status will be effected as "war
in the District of Columbia govern- | transfers" under regulation IX or reem-
ment are subject to war-service regula-
tion VIII rather than to civil-service ulation XIV, rather than as reappoint-
ployment list appointments under reg-
rule IX, with the exception of posi-
tions (other than those filled by civilian ments under regulation VIII (Commis-
employees of the forces) in the Police sion's minute 2 of January 13, 1943).
and the Fire Departments (Commis-
Former Federal employees who are
sion's minute 1 of September 16, 1942). receiving annuity under the age or op-
Persons temporarily appointed pend. tional provisions of the Civil Service
ing reinstatement prior to March 16, Retirement Act of May 22, 1920, as
1942.-See notes, page 213.
amended (5 U. S. C. 1940 ed. 691) or the
Effect of reappointment on eligibil. Canal Zone Retirement Act of March
ity.-See notes, page 68.
2, 1931 (46 Stat. 1471; 48 U. S. C. 1940
Reinstatement of classified employees ed. 1371) may not be reappointed under
to field positions in the Post Office De- war-service regulation VIII inasmuch
partment.--While field positions in the as the determination of qualifications
Post Office Department, except postmas- for reemployment of such annuitants
terships, are now subject to the war-rests solely with the appointing authori-
service regulations, the reemployment of ties. There is no provision for the war-
employees with a classified civil-service service reappointment of age or option-
status is still subject to civil-service rule al annuitants retired under the Alaska
IX rather than war-service regulation Railroad Retirement Act of June 29,
VIII. For the text of the rule and notes 1936 (49 Stat. 2017; 5 U. S. C. 745).
as to procedures thereunder, see pages
Reappointment of persons entitled to
264 to 275.
veteran preference. For details as to
PERSONS WHO MAY BE CONSIDERED FOR the inethod of veterinining whether or
RE.APPOINTMENT UNDER REGULATION | not a person is entitled to veteran pref-
VIII
erenice, see pages 76 to 79.
*Former employees in the following Preference to which foriner Feileral
groups may be considered for reappoint-employees may have been entitled un-
ment under war-service regulation VIII: I der laws in effect prior to June 27, 1944,
(November 16, 1944)
119.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
the date of enactment of the Veterans' , service in the District of Columbia gov-
Preference Act of 1944 (see page 10) | ernment are qualifying for reappoint-
is not retained for the purpose of sub-ment under section 1 of regulation VIII
sequent reappointment or reinstate- (action of Commission, February 15,
ment. A candidate for reappointment 1944).
may be given the benefit of preference The notes on "Service credit” (page
only in accordance with the provisions 267), “Extent of application of regula-
of the law in effect at the time action tion IX” (page 148), “Distinction be-
is taken on the claim. If a recommenda-tween the executive and the judicial
tion for reappointment or reinstatement branches" (page 224), and "Status of
was pending on June 27, 1944, and pref- Particular Groups of Positions” (page
erence had already been allowed in con- 227) may be consulted as a general
nection therewith, such preference holds guide in determining whether a par-
good only for the particular reappoint- ticular type of service 'affords a basis
ment or reinstatement. However, if for the reappointment of a person en-
preference in such a case had not actu- titled to veteran preference under war-
ally been allowed, the claim is adjudi- service regulation VIII. It must be re-
cated under the new law (actions of membered, however, that service in
Commission, February 15, 1944, and agencies not in the executive branch of
July 26, 1944; departmental circular the Federal Government (except the
No. 493, July 3, 1944).
Administrative Office of the United
In determining whether a person en- States Courts and the government of
titled to veteran preference has served the District of Columbia), while credit-
in the Federal Government, credit may able in some cases for reinstatement
be allowed for any service which is cred under civil-service rule IX, does not
itable for retirement purposes, includ-afford a basis for reappointment under
ing temporary service, service in a cor-
war-service regulation VIII. In gen-
poration wholly owned or wholly con- eral, service which does not afford a
trolled by the Federal Government, serv- basis for transfer under section 2 (a) of
ice in a probational, classified, indefi- war-service regulation IX (see page
nite, or excepted position, or the like. 148) does not afford a basis for reap-
A period of service will not be consid-pointment under war-service regulation
ered to have been in or under the Fed. VIII.*
eral Government if the person concerned
Previous service under improper,
was not:
fraudulent or illegal appointment.-
(a) Engaged in the performance of Reinstatements of persons who were un-
Federal functions under authority of an
der the age limits of the examinations
act of Congress or an Executive order, which resulted in their original appoint-
and
ments will not be approved. No basis
(b) Appointed or employed by a Fed- for reappointment is afforded by service
eral officer, and
under an appointment secured by a
(c) Under the supervision and direc- fraudulent statement concerning citi-
tion of a Federal officer (action of Com- zenship, as distinguished from an honest
mission, February 15, 1914; Commis- mistake on the part of the applicant,
sion's minute 3 of July 29, 1914).
or under an appointment secured as the
To afford a basis for reappointment, result of an application, or on the basis
the service must not only have been in of eligibility, which has been canceled
the Federal Government, but in the because of fraud or other evidence of
executive branch of that Government, unsuitability (Commission's minute 6
except that service in the Administra- of December 8, 1938, as amended by min-
tive Office of the United States Courts ute 3 of May 22, 1939; minute 3 of June
(which is in the judicial branch) and 18, 1941 ; ininute 2 of January 18, 1943).
(November 16, 1944)
NOTES ON REENTRY INTO THE FEDERAL SERVICE
120
PROCEDURE IN REQUESTING AND AUTHOR-quests for reappointment, the post of
IZING REAPPOINTMENT
duty should be shown.
With respect to the submission of a
Prior authority from Commission re-
request for reappointment after an
quired.-Prior authority of the Com-
open conipetitive examination has been
mission, its regional director, or his announced for filling the position, see
representative must be obtained in all announced for filling the position, see
section 1 (g) of war-service regulation
cases for war-service reappointment.
IV (page 26).
(See page 147 for an exception to this
In official requests for reappointment
rule in the case of the restoration to based on service some years in the
their former positions of employees who
past, full information as to the former
have been transferred with reemploy-employment should be furnished. If
ment rights under the war-service reg- there has been a change of name, the
ulations.) Such reappointments will be
former nanie or names should be fur-
authorized by the Commission's central nished as well as the present name.
office, its liaison officers, its regional di-
In requests for the reappointment
rectors or their representatives, in their under regulation VIII of a person who
discretion, on the basis of available in- has been separated in accordance with
formation as to the applicant's qualifica- section 2 (a) of the Ramspeck Act for
tions for the position in question. failure to qualify,* *reference should be
Agencies .whose departmental headquar- made to the date of notice of ineligibility
ters have been moved outside the met- for failure to qualify. * As to persons
ropolitan area of Washington, D. C., who may be considered for reappoint-
will direct all requests for reappointment under regulation VIII, see page
ment to the appropriate civil-service
119.*
regional director; * other agencies will
Prior to the appointment of any per-
direct requests for reappointment to that
son with previous Government experi-
office of the Commission which acts upon ence, the employing agency should ob-
their requests for certification of eli- tain information from the appointee as
gibles (clepartmental circular No. 323, to whether or not he is receiving an
revised, supplement 3, l'evision 3, May annuity from the Government. If the
14, 1943; departmental circular No. 348, answer is in the affirmative, and there
August 26, 1942; departmental circular is any uncertainty as to the effect of
No. 487, July 15, 1914; action of Com- such reemployment upon the person's
mission, November 25, 1943).
retirement rights, information regard-
The date of the letter or other forming this matter should be secured from
of authority is to be considered the ef- the Retirement Division, Civil Service
fective date of the Commission's au- Commission, Washington, D. C., before
thority to make a reappointment unless the appointment is effected. This ac-
another date is specified as the effective tion is necessary because of legal pro-
date in the authorization.*
hibitions against the payment of re-
Submission of requests for approval tirement annuity concurrently with
of reappointment.--Appointing officers active-service salary. The reemploy-
should submit their requests for reap- ment of an annuitant without suspen-
pointment on ** Standard Form 39. sion of annuity payments creates an
This should be accompanied by the regu- overpayment which must be liquidated,
lar civil-service application form (see and the belated discovery of such over-
page 51) if the appointment is to last payment, sometimes after a number of
more than 90 days; the application may years, often works a distinct hardship
be required in other cases when deemed (departmental circular No. 252, March
necessary. *As to the securing of finger- 4, 1941; departmental circular No. 291,
print charts, see page 102.* In all re- supplement 12, December 26, 1941; de-
(November 16, 1944)
121 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
page 44.
partinental circular No. 306, January Forms required at time of reappoint-
5, 1942; departmental circular No. 323, ment.--The appointing officer will have
revised, supplement 3, revision 3, May Civil Service Commission Form 2413
14, 1943; retirement circular No. 107, (medical certificate) and Standard
supplement 1, February 16, 1943). Form 61 (including the declaration of
*The reemployment of any annuitant, appointee, where required) properly
regardless of the law under which re-executed at the time of appointment.
tired, must be reported immediately by These forms should be retained in the
the department or agency (1) by letter department's files, as the employing of-
to the Retirement Division, and ( 2)' on fice must assume responsibility for the
the regular report of personnel changes appointee's meeting ** the limitation
(action of Commission, September 12, on members of a family that may be
1944).*
employed (see page 93), and the vari-
Consideration of certain types of rec- ous laws and regulations pertaining to
ommendations prohibited.-See notes on citizenship, age, etc. (See, in particu-
lar, section 3 of war-service regulation
Inquiry as to political or religious V, the notes thereto on pages 52 to 56,
opinions of applicant for reappoint- and the notes on "Restrictions on Re-
ment.–See notes on page 44.
appointment” on pages 122 to 123.) *As
Authorization of reappointment.- to the agency's responsibility for the
*In all reappointment cases, the ein- einployee's meeting the physical require-
ployee's record will be reviewed by the ments, see page 59.01. To
To guard
Commission for such matters as removal against impersonation, the signature on
from the Government service, arrest Standard Form 61 should be carefully
record, disloyalty to the United States, compared with the signature of the ap-
subyersive activities, debarment from plicant on the original application form.
civil-service examination, etc. The re- Unless otherwise prescribed by the em-
appointment may be authorized condi- ploying department, the medical certi-
tionally, “subject to check of records” of ficate may be executed by any duly li-
former employment and approval there- censed doctor of medicine, licensed to.
of by the Commission.* In cases in practice under the laws of the several
which the Commission's review discloses States, the District of Columbia, and the
adverse information warranting re- Territories and possessions of the
mova), the department or agency con- United States.
cerned will be notified at the earliest The period after the date of its exe-
practicable date. In the absence of an cution during which a medical certificate
affirmative report from the Commission, shall be acceptable for reappointment
the employing agency may assume that purposes is, in general, at the discre-
no unfavorable information warranting tion of the employing office. No medi-
separation has been disclosed by the cal certificate need be secured in cases
Commission's review, and no action need of the reappointment, within one year
be taken other than the initial report of from the date of medical examination
reappointment on the regular reports of showing recovery, of a recovered disa-
changes (see page 203),* except in the bility annuitant who was retired under
case of persons retired for physical dis- section 6 of the Civil Service Retire-
ability, who are subject to the special ment Act, but in such cases a notation
requirements set forth on page 122* (de-giving this reason should be placed on
partmental circular No. 323, revised, the records (departmental circular No.
supplement 3, revision 3, May 14, 1943; 137, supplement 1, June 30, 1942; depart-
action of Commission, September 29, mental circular No. 239, October 24,
1943).
1940; departmental circular No. 323, re-
(November 16, 1944)
NOTES ON REENTRY INTO THE FEDERAL SERVICE
122
а
vised, March 30, 1942; departmental cir- former service was rendered (depart-
cular No. 323, revised, supplement 3, re- mental circular No. 493, July 3, 1944).
vision 3, May 14, 1943; departmental Citizenship.—The citizenship require-
circular No. 409, February 17, 1943 ; ments for reappointment under war-
Commission's minute 3 of May 17, 1927; service regulation VIII are the same as
minute 2 of October 23, 1940; minute those for original war-service appoint-
2 of March 24, 1941).
ment (Commission's minute 1 of April
Trial period after reappointment.- 21, 1944).
21, 1944). As to those requirements,
See war-service regulation VIII.
see pages 52.01 and 92.*
Entry into military service.--Author-
RESTRICTIONS ON REAPPOINTMENT
ity for person's reappointment
*Minimum service requirement.--See granted by the Commission is canceled
notes on page 119.
by his induction into the military sery-
Time limit.--See notes on page 119. ice before entrance on duty in the
Agency nomination..The provisions civilian position (Commission's minute
of war-service regulation VIII are ap- 2 of July 8, 1943).
plicable only to cases where the reap- Holding State or local office. See
pointment is made on nomination by the notes on page 413.
appointing officer. Such agency-nomi- Apportionment. The apportionment
nation cases will include those persons requirements do not apply to reap-
who may be certified from a competi- pointments under war-service regula-
tive list to the agency but who are sub- tion VIII (Cominission's minute 7 of
sequently nominated by the agency for August 29, 1942).
reappointment under regulation VIII, Family restriction in reinstatement.-
whether or not they could have been see notes, page 99.
selected from the competitive certificate. Reinstatement of persons retired for
If such persons are actually selected age or under optional retirement provi-
from the competitive certificate, there sions.--See notes, page 132.
must be full compliance with the pro- Reinstatement of persons retired for
visions of section 4 of regulation IV physical disability.-Annuitants who
(action of Commission, July 26, 1944). have been retired on account of physi-
For further details as to the selection cal (lisability 'must not be reemployed
of former employees from a certificate, without prior approval of the Civil
see notes on page 81. As to the certifi- Service Commission. The Commission
cation and appointment of former em- must, among other things, determine
ployees from the reemployment list, un- that the annuitant has recovered, or
der regulation XIV, see notes on page is physically qualified to perform the
128.
đuties of the position involved (retire-
Agency in which reappointment may be ment circular No. 107, August 19, 1942,
approved.--There is no restriction as to and supplement 1 thereto, February 16,
the agency in which preference eligibles, 1943).
or persons with a status for reinstate- *The reemployment of any' annuitant,
ment under civil-service rule IX, may regardless of the law under which re-
be reappointed under war-service regu- tired, must be reported immediately by
lation VIII. Former employees not en- the department or agency (1) by letter
titled to preference, whose eligibility for to the Commission's Retirement Divi-
reappointment is based solely upon serv- sion, and (2) on the regular report of
-ice for 30 days or more under war-serv. personnel actions (action of Commis-
ice indefinite appointment, may be re- sion, September 12, 1944).
appointed under war-service regulation Noncompetitive examination.—Section
VIII only in the agency in which their '1 of war-service regulation I provides
(November 16, 1944)
122.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
that examinations for reappointment of June 25, 1938 (52 Stat. 1100; 45
may be noncompetitive. The term “non-U. S. C. 1940 ed. 362), does not apply
competitive”, as used in this provision, to reappointinents (Commission's min-
refers to the nature of the appointment ute 2 of August 5, 1940).
action rather than to qualifications Discrimination against or in favor of
standards; it means that the action is particular groups. See notes on page 44.
taken without requiring the person to
Former conviction of felony.-The 2-
compete with other possible candidates. year limitation upon approval of ap-
In general, the person proposed for re- pointments to the special group of posi-
appointment under regulation VIII is tions listed on page 55 of persons con-
required to meet the standards as to ex- victed of felony does not apply in the
perience and training established for case of former employees proposed for
open competitive examination for the reinstatement or reappointment. Each
position to which reappointment is pro- such case will be decided on its merits
posed; howerer, sections 1, 2, and 3 of (Commission's minute 1 of March 20,
regulation VIII provide that noncom- 1936; minute 6 of January 25, 1941;
petitive standards may be used in de minute 6 of March 26, 1941; minute 3
termining the qualifications of a person of August 27, 1942).
proposed by his former agency for re Release from former employer.-See
appointment to the same or a lower sections 1 and 2 of war-service regula-
grade position of the same general type tion X and notes on pages 81 and 82.
as one in which he previously served Reemployment after resignation.--
in such agency (action of Commission, Failure upon the part of an employee
July 26, 1914). With respect to reex- whose services have otherwise been sat-
amination of persons who fail in reap- isfactory to give advance notice before
pointment examinations, see page 64.* resigning will not ordinarily be regard-
Railroad preference.---The preference ed by the Commission as a basis for a
of persons having experience in rail- bar to the employee's further employ-
road service in appointments to the ment in the Federal service (depart-
Railroad Retirement Board, provided mental circular No. 404, January 20,
by section 10 (b) of the act of June 24, 1943).
1937 (50 Stat. 314; 45 U. S. C. 1910 Reappointment in another Federal
ed. 228), and by section 12 of the act | agency within 30 days of separation will
(November 16, 1944)
SEPARATIONS AND TERMINATION OF ACTIVE SERVICE 194.01
partmental circular No. 454, November | allegations are correct, he will make
27, 1943).*
an effort to place the employee in a
Releases because of under-utiliza- | position in the same agency where his
tion.-In cases where an employee's rea-
skills and time would be fully utilized ;
son for seeking a release is that he is
(c) If the agency cannot place the
employed at less than full time or is in employee in such a position, he will se-
a position which does not utilize his cure Standard Form 57 from the em-
highest recognized skill for which there ployee, attach to it a statement that the
is a need in the war effort, the agency employee cannot be fully utilized in the
in which he is employed has no author-agency, and submit the Standard Form
ity, under War Manpower Commission 57 with the statement to the Civil Service
Commission.
Regulation 7, to issue a statement of
Upon receipt of the Standard Form 57
availability to him. If the employee de-
sires to transfer to another Fesleral and the statement, the Commission will
agency, he may apply to the Civil Serv- endeavor to place the employee else-
where in the Federal service in a posi-
ice Commission as set forth in the note
tion where his skills and time will be
on page 150. If he desires to seek or
accept non-Federal employment and al- fully utilized. When such placement
cannot be made within 14 days, the Com-
leges that he does not utilize his highest mission will refer the employee to the
recognized skill for which there is a
United States Einployment Service for
need in the war effort, or that he is not further consideration. The 14-day pe-
being employed full time, he should ap- riod is a maximum ; the employee will be
ply to the director of personnel of his referred to the United States Employ-
agency or the latter's authorized repre ment Service as soon as it is determined
sentative, who will take the following that his skills and time cannot be fully
steps:
utilized (departmental circular No. 442,
(a) He will determine whether the October 19, 1943).
employee's allegations are correct.
(If A Federal employee may request re-
the allegations are not substantiated, no ferral because of under-utilization di-
further action need be taken except that rectly from the United States Employ-
the employee must be advised that he ment Service, but in such a case the
may request the Civil Service Commis- United States Employment Service will
sion to review the decision of the person- consult with the nearest representative
nel director);
of the Civil Service Commission, and
(6) Upon finding that the employee's the Civil Service Commission will be
(August 17, 1944)
SEPARATIONS AND TERMINATION OF ACTIVE SERVICE
195
allowed a reasonable period, not to ex- | ment of availability. If the Commis-
ceed 14 days, to effect an adjustmentsion also denies the statement of avail-
before the United States Employment ability, the employee will be informed
Service refers him to employment else- of his right to request the United States
where. If the Commission finds that he Employment Service of the War Man-
is fully utilized in his present job, or power Commission to issue him a state-
that adjustments have been made that ment of availability and of his further
will fully utilize the worker, the Civil right to appeal under Regulation 5 of
Service Commission will so notify the the War Manpower Commission (de-
United States Employment Service and partmental circular No. 442, October 19,
the worker (action of Commission, 1943, and supplement 6 thereto, July 29,
October 12, 1943).
1944). (Regulation 5 of the War Man-
Whenever a local Employment Service power Commission appears on page
office finds through an interview that a 353.)
Federal employee possesses a critical *Where an agency denies a Federal
skill for which a shortage exists in an employee a release for the purpose of
essential private activity or public em- enlisting, or accepting a commission, in
ployment other than in a Federal agency, the women's branches of the armeil
and has reason to believe that this skill services (see page 196), the only ap-
is not being utilized, a determination peal open to the employee is to the Joint
will be made as to whether the employee Army-Navy Personnel Board. Such ap-
is willing to accept such employment. peals must be made through, and with
If the Federal employee consents and
the approval of, the recruiting office to
the prospective employer specifically re-
quests to hire the applicant for a specific which the Federal employee has applied.
for enlistment or commissioning (de-
position, arrangements will be made by
the Employment Service office to secure partmental circular No. 509, November
through the Civil Service Commission a 11, 1944).*
release or statement of availability (ac-
Appeals from decisions of the War
tion of Commission, March 15, 1943).
Manpower Commission.—Under regula-
Appeal by employee to Civil Service tion 5 of the War Manpower Commis-
Commission from denial of statement of sion (see page 353), any worker or em-
availability.-Any employee denied a ployer may appeal from any act or fail-
statement of availability by his agency ure to act of the War Manpower Com-
must be advised of his right to re- mission under employment-stabilization
quest the Civil Service Commission to programs. Whenever it is necessary to
review the action. Where such an ap carry forward an appeal on behalf of
peal is made, the employee's agency will the United States Government as an em-
be given an opportunity to present its ployer, the Civil Service Commission will
views to the Commission. Agencies in handle the appeal. In such cases, the
the departmental service in Wash- Civil Service Commission will request
ington, D. C., must submit relevant data the assistance of the agency in present-
to the Commission within 4 days from ing the relevant data. An agency, desir-
the date on which the Commission's ing to appeal any action or failure to act
representative submits the case to the of the War Manpower. Commission
agency. Regional directors and repre- should notify the Civil Service Commis-
sentatives of the Commission may im- sion immediately (departmental circu-
pose similar time limits for the field lar No. 442, October 19, 1943).
service whenever necessary.
Releases with reemployment rights
At the end of the period allowed the under section 4 of war-service regu-
agency for presenting its views, the lation IX.-War Manpower Commis-
Commission will proceed to act on the sion Directive No. X, as amended (see
case on the basis of the evidence at page 13), and section 4 of war-service
hand, and either issue or deny the state- regulation IX, (see page 34), which was
A
(November 16, 1944)
195.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
issued under authority thereof, provide / ployment Service will be returned to
a procedure under which an employee the persons or activities making such
may, subject to certain specified condi- requests with the information that re-
tions and requirements, retain reem-quests must be forwarded through their
ployment rights in his former Federal nearest United States Employment
position upon transferring to certain po- Service office. Such pre-clearance,
sitions outside the Federal executive when given, will be indicative that all
civil service. The conditions under manpower stabilization requirements
which such a transfer may be made are have been met and that the employee
naturally much more limited than the may be assigned to duty by the re-
conditions under which a statement of questing enterprise upon the transfer's
availability should be issued; *for ex- being approved by the Civil Service
ample, personal reasons for desiring the Commission or regional office thereof.
transfer cannot be taken into consid- The purpose of the Employment Sery-
ice's consideration is
eration in authorizing such a transfer,
to determine
although they may be considered, to the whether the employer's needs for criti-
extent permitted by War Manpower cal workers in essential activities can-
not be met by referral of qualified un-
Commission regulations, in determining
employed workers, transfer from less-
whether or not to issue a statement of
essential activity, or in-plant adjust-
availability. Clearance of a Federal
ment (action of Commission, December
employee by the United States Employ-
6, 1943).*
ment Service is therefore not conclu-
Negotiations for transfer with the
· sive as to his right to be transferred
present employing agencij.--See notes
under section 4 of regulation IX (de- under the same heading on page 151,
partmental circular No. 442, October 19, which are also applicable to transfers
1943; action of Commission, December | under section 4 of war-service regulation
6, 1943).
IX.
Method of requesting release.—Pre- Prerequisites for transfer.--Among
clearance must be secured from the the prerequisites for transfer under sec-
United States Employment Service be- tion 4 of war-service regulation IX
fore processing any transfer to private are determinations by the Commission
or public enterprise under the pro- "that such employee is qualified to per-
visions of section 4 of war-service reg- | form work in a critical wär occupation.
ulation IX. All requests received for (as defined in the Essential Activities
transfer under section 4 of war-service and Essential Occupations Directive of
regulation IX from persons or activi- the War Manpower Commission) and
ties other than the United States Em-1 can make a more effective contribution
(August 17, 1944)
SEPARATIONS AND TERMINATION OF ACTIVE SERVICE
196
or
to the war effort in an essential activity Reimbursement of traveling expenses
carried on by a private or public enter- upon return to original agency.--See
prise." The Commission will follow the notes on page 202.
information issued by the War Man- *Release of Federal employees for the
power
Commission in determining women's branches of the armed serv-
whether a particular activity or occupa- ices. As far as regulations of the War
tion is an "essential activity" or an Manpower Commission are concerned,
"essential occupation." An essential oc- women employed, or last employed, in
cupation in which there is a shortage of the Federal Government may be enlisted
qualified persons will be considered as commissioned in the women's
a "critical war occupation." Determi- branches of the armed services without
nation of the qualifications of a person releases or statements of availability.
to serve in a critical war occupation However, the War and Navy Depart-
will generally follow noncompetitive ments have agreed that women who are
civil-service standards, but a finding by employed by the Federal Government
the United States Employinent Service or who have voluntarily terminated such
that the person is qualified for the oc-employment within sixty days will be
cupation will be sufficient whether or commissioned or enlisted in the armed
not he has met the civil-service non- services only (a) on the presentation of
competitive standards. The determin- a release by the agency by which they
ation as to qualifications in a transfer are, or were, employell, or (b) on au-
under section 4 is not for the purpose of thority of the Joint Army-Navy Person-
imposing on private enterprises the civil- nel Board, which acts on appeals grow-
service standards of qualifications, but ing out of agencies' denial of releases.
to determine that the person proposed In view of the instructions of the War
for transfer is entitled to reemployment and Navy Departments issued in pur-
rights by virtue of the fact that he is suance of this agreement, referral by
qualified to serve, and does serve, the the United States Employınent Service
war program in a critical war occupa- will not be sufficient for enlistment or
tion (action of Commission, April 8, commissioning of Federal employees in
1943).
the women's branches of the armed sery-
Retroactive authorization of trans-ices. If a recruiting office of one of the
fers.-If a Federal employee has re-women's branches of the armed services
signed to accept employment in private should propose to enlist or commission
or public enterprise and is no longer on a Federal employee upon referral by the
the rolls of the department or agency, the United States Employment Service, the
Commission is without jurisdiction to attention of the recruiting office should
authorize his transfer, retroactively or be called to the instructions issued by
otherwise. If the employee has, in- the War and Navy Departments (de-
stead, been carried in a leave status, partmental circular No. 509, November
bis transfer under section 4 of regula- 11, 1944). As to appeals by employees
tion IX may be considered upon request, from the denial of releases by their
but there would be no necessity for agencies, see page 195.*
making the transfer retroactive (action Release of Government employees for
of Commission, May 21, 1943).
service in the merchant marine or train-
Appeals from decisions of the Com- ing therefor.--An act of June 23, 1943
mission as to transfers.-See notes on (57 Stat. 162), which is quoted on page
136, provides certain reemployment
Reemployment benefits acquired benefits similar to those granted persons
through transfer.-See section 5 of war- entering the armed forces under the
service regulation IX, page 35, and Selective Training and Service Act, as
notes on page 146.
amended, to persons leaving their posi-
page 154.
(November 16, 1944)
196.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
tions to serve in the merchant marine. elect to receive payment for their ac-
The act defines "service in the merchant crued annual leave or to have such leave
marine" as:
remain to their credit (see page 483).
"Service as an officer or member of
The Civil Service Commission has
the crew on or in connection with a delegated authority to the War Shipping
vessel documented under the laws of Administration to undertake to secure
the United States or a vessel owned by, directly from Federal agencies releases
chartered to, or operated by or for the of their employees to enter training
account or use of the Administrator, as
courses given by the United States Mari-
an enrollee in the United States Mari-
time Service. The War Shipping Ad-
time Service on active duty, and, to such
extent as the Adininistrator shall pre- mission in any case where it is unable
ministration may appeal to the Com-
scribe, any period awaiting assignment mission in any case where it is unable
to such service and any period of edu-
to secure the necessary release. Final
determination as to whether release may
cation or training for such service in any
school or institution under the juris- be granted will, in such cases, be made
diction of the Administrator." (The by the Commission in accordance with
"Administrator” referred to in the act the directives of the War Manpower
is the Administrator of the War Ship Commission.
ping Administration.)
Where Federal employees are
The act also provides that Federal | cruited for immediate employment in a
employees entering such service may private merchant marine organization
re-
V
(November 16, 1944)
PERSONNEL ADMINISTRATION WITHIN DEPARTMENTS
403
established for the various grades or was transferred to the Civil Service
classes thereof, which shall set forth Commission, effective October 1, 1932,
the degree of efficiency which shall con by the act of June 30, 1932 (47 Stat.
stitute ground for (a) increase in the 416), and the functions of the Board
rate of compensation for employees described above are accordingly now
who have not attained the maximum performed by the Civil Service Com-
rate of the class to which their positions mission.
are allocated, (b) continuance at the The act of November 26, 1940 (54
existing rate of compensation without Stat. 1215), amended section 9 of the
increase or decrease, (c) decrease in Classification Act of 1923 by the addi-
the rate of compensation for employees tion of the following paragraph:
who at the time are above the minimum "Under such regulations as may be
rate for the class to which their posi- prescribed by the Civil Service Com-
tions are allocated, and (d) dismissal. mission with the approval of the Presi-
"The head of each department shall dent-.
rate in accordance with such systems "There shall be established in each
the efficiency of each employee under Department one or more boards of re-
his control or direction. The current view, each of which shall be composed
ratings for each grade or class thereof of three members, the chairman to be
shall be open to inspection by the rep- designated by the Civil Seryice Com-
resentatives of the Board and by the mission, one of the other members to
employees of the department under con-
be designated by the head of the De-
ditions to be determined by the Board partment concerned, and the third
after consultation with the department member to be designated by the em-
heads.
ployees of the Department concerned
“Reductions in compensation and dis-
in such manner as may be determined
missals for inefficiency shall be made by the Civil Service Commission. The
boards of review shall meet at the call
by heads of departments in all cases
of their respective chairmen for the
whenever the efficiency ratings warrant,
purpose of considering and passing
as provided herein, subject to the ap- upon the merits of such efficiency rat-
proval of the Board.
ings assigned to employees as may be
“The Board may require that one submitted to such boards of review as
copy of such current ratings shall be hereinafter provided. Any employee
transmitted to and kept on file with the shall, upon written request to the
Board."
chairman of the appropriate board of
*Increases in-the rate of compensation review of his department, be entitled,
on the basis of efficiency ratings are
as a matter of right, to a hearing and
now governed by the act of August 1,
a review by such board of review of
1941, and the regulations promulgated his efficiency rating. At such hear-
thereunder. The laws and regulations ing such employee and his represent-
on this subject, with interpretations and ative, and such representatives of
decisions, appear on pages 447 to 459. the Departinent as may be desig-
Provisions governing decreases in com-
nated by the head thereof,
thereof, shall
pensation and dismissal because of low be afforded an opportunity to submit
efficiency ratings appear on page 165.01.
The retention preference regulations for orally or in writing any information
use in reduction in force, which include deemed by the board of review to be
provisions as to the effect of efficiency pertinent to the case, and shall be
ratings upon preference in retention, ap-
afforded an opportunity to hear or ex-
pear on pages 185 to 192. These regu- amine, and reply to, information sub-
lations were promulgated under author- mitted to such board by other parties.
ity of the Veterans' Preference Act of After any such hearing, the board of
1944, which appears on pages 10 to review may make such adjustments in
10.06.*
any sucă efficiency rating as it may
The Personnel Classification Board I find to be proper."
(November 16, 1944)
404 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
On May 1, 1941, the President pro- | closely acquainted with his daily per-
mulgated regulations relating to effi- formance during the period of time for
ciency-rating boards of review, which which the rating is made. The re-
have since been superseded by the reg- / viewing official is the supervisor highest
ulations which appear below.
in line of authority above the rating
The act of August 1, 1941 (55 Stat. official who has personal knowledge
614), further amended section 9 of the of the general performance of the
Classification Act of 1923 by the addir employee to be rated and of the stand-
tion of the following paragraph:
ards of performance of the unit in
"The Civil Service Commission and which the employee is assigned as com-
heads of departments are authorized pared with standards in other units.
and directed to take such action as will The members of the efficiency rating
apply the provisions of this section committee are designated by the head
uniformly to all employees occupying of the organization *(or other official
positions within the compensation authorized to act for him in such mat-
schedules fixed by this act as nearly as ters, such as the Director of Person-
is practicable.”
nel),* and should include an employee
engaged in personnel administration.
REVISED EFFICIENCY-RATING
Efficiency ratings are subject to review
SYSTEM
by an efficiency rating board of review
*The present organization and pro-
in accordance with the provisions of
cedure for the assignment of efficiency section 9 of the Classification Act of
ratings under the Uniform Efficiency 1923, as amended (see p. 403), and Ex-
Rating System dereloped by the Com-ecutive Order No. 9252 of October 9,
mission in cooperation with the Council 1942, below.
of Personnel Administration is de-
*Employees' rights to efficiency rating
scribed in Civil Service Commission information.—Upon approval of the offi-
Forms 3823 (as amended by depart-
cial ratings by the efficiency-lating com-
mental circulars No. 174, March 14, 1944 mittee and within two months of the
and 486, June 6, 1944) and 3823A and in close of the regular rating period (thirty
departmental circular No. 458 of De- days in the case of probational or trial
cember 23, 1943,
perior and special ratings) each em-
Scope of efficiency rating plan.-The ployee shall be notified of his rating on
Standard Form 68.
Uniform Efficiency Rating System covers
all positions in the field and depart-
In conformity with legal require-
mental services which are allocated un-
ments, there shall be maintained in each
der the compensation schedules of the department, agency, bureau, regional
Classification Act of 1923, as amended, office, installation, or field station a
or in accordance with Executive Order record of the names, grades, and effi-
No. 6746 of June 21, 1934 (departmental ciency ratings of all employees located
circular No. 458, December 23, 1943).* there for convenient inspection by such
Organization for rating.- A rating of employees. Employees shall have the
ficial, a reviewing official, and an effi- right to inspect these ratings, upon mak-
ciency rating committee participate in
ing request of the custodian of such
the rating process. The rating official
records, without interference, coercion,
is the person who is immediately re-
restraint, or fear of reprisal. Also, the
sponsible for the work of the employee Form 51) of each employee, or a copy
Report of Efficiency Rating (Standard
(first person in authority who has of it, shall be available for inspection by
supervisory responsibilities), who either him (departmental circular No. 474,
daily oversees, reviews, and checks the March 14, 1944, amending Civil Service
work of that employee, or who is most | Commission Form 3823).
(November 16, 1944)
PERSONNEL ADMINISTRATION WITHIN DEPARTMENTS 404.01
!
Reports of efficiency ratings to the dependent establishments, and other
Commission.-As soon as the annual agencies are requested to submit:
rating program has been completed in (a) Copies of any supplemental in-
any department or agency and the em- structions and forms;
ployees of such department or agency (6) Copies of any charts, graphs, and
have been notified of their efficiency rating tabulations prepared for admin-
ratings, a certificate of this fact shall istrative use;
be submitted by the head of the depart- (c) Copies of any other written ma-
ment or agency to tủe Civil Service terial which they used in conducting
Commission for the attention of the their rating programs; and
Efficiency Ratings Administration Sec- (d) Criticism of the efficiency rating
tion of the Personnel Classification Divi- system and suggestions for its improve-
sion. This certificate shall state that ment (departmental circular No. 474,
all employees paid under the compensa - March 14, 1944, amending Civil Service
tion schedules of the Classification Act Commission Form 3823).*
or of Executive Order No. 6746 for whom
REGULATIONS RELATING TO EF-
ratings are required as of March 31 of
FICIENCY-RATING BOARDS OF
the year in question have been assigned
REVIEW1
efficiency ratings and have been noti-
1. There shall be established in each
fied of such ratings, stating exceptions
department and independent establish-
if there are any.
Similar certificates
ment having positions and employees
shall be transmitted periodically, at
subject to section 9 of the Classification
least every six months, for official pro- Act of 1923, as amended, one or more
bational or trial period ratings. When-boards of review for the purpose of con-
ever official special ratings are made, a sidering and passing upon the merits
certificate shall be transmitted, stating of efficiency ratings assigned to such
the circumstances requiring the making employees.
of special ratings.
2. The head of each department or
In addition, lists shall be submitted independent establishment shall deter-
by organization units (departmental mine the number and jurisdiction of
service) or location (field service) of boards of review to be established
the names, job titles, grades, salaries, within his department or establishment,
and efficiency ratings of all employees subject to the approval of the Civil
who receive ratings of "Fair" or "Un- Service Commission. The jurisdiction
satisfactory.” In all cases where lists of each board of review shall be spe-
of employees and their official efficiency cific and shall be exclusive of that of
ratings are prepared by the efficiency any other such board.
rating committee or by personnel of 3. (a) Each board of review shall be
ficers to serve as records for inspection composed of three members, and there
shall be an alternate member provided
by employees or for administrative pur-
for each principal member who shall
poses, a copy of each such list shall be
serve during the absence of such prin-
transmitted to the Civil Service Com-
cipal member or when the principal
mission for the attention of the Ef-
member is unable to serve for any other
ficiency Ratings Administration Sec-
reason and who shall succeed the prin-
tion of the Personnel Classification Di-
vision.
1 Departmental circular No. 265 (revised),
In order to assist the Civil Service October 22, 1942, and supplement 1 thereto,
Commission in further improving the tions relating to boards of review on efi-
October 27, 1942, contain procedural instruc-
uniform rating system, departments, in- ' ciency ratings.
618771 0 - 44 - 2
(November 16, 1944)
405 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
cipal member in the event that he is provided, however, that in the case of
unable to serve to the end of his term boards of review serving agencies not
of office. Where necessary in the inter- in the executive branch, such members
est of good administration, and in order and alternate members (except chair-
to expedite the consideration of cases, men and alternate chairmen), shall be
an additional alternate member may appointed or elected from the branch.
be designated for each principal mem- of government to which such agencies
ber. Members of boards of reyiew respectively belong.
and alternate members shall be ap- 4. Each appeal from an efficiency
pointed or designated for terms ex- rating shall be submitted in writing to
piring June 30 subsequent to their ap- the chairman of the appropriate board
pointment or designation, provided that of review within 90 days of the date
they may continue to serve until their that notice of such rating was deliv-
successors a'e appointed or designated. ered to the employee. Boards of re-
(6) One member of each board of re- view may waive this requirement for
view and alternates to such memberi (to good and sufficient reasons, as in cases
be known as department meniber and
(a) where it appears that appellants
alternate department members) shall be
were not in a position to inake an
designated by the head of the depart. appeal within the 90-day period, (6)
ment or establishment served by such where employees elected to avail them-
board.
selves of the grievance procedures in
(C) Another member of each board
their own departments or establish-
of review and alternates to such mem-
ments before proceeding with appeals
ber (to be known as employee member
under these regulations, or (c) where
and alternate employee members) shall
new evidence is discovered after the
be designated by election, to be held be-
close of the 90-day period which would
tween April 1 and July 1 of each cal-
endar year for the term beginning on
have a bearing on the decision con-
July 1 of such year, by the employees cerning the appeal. On the request of
whose efficiency ratings are under the the Civil Service Commission, certified
jurisdiction of the board in such man-
in writing, efficiency ratings which re-
ner as shall be determined by the Civil quire the dismissal, demotion, or reduc-
Service Commission. Upon the request tion in salary of employees subject to the
of the head of a department or estab- approval of the Civil Service Commis-
lishment or of ten per cent of the em-
sion under section 9 of the Classification
ployees whose efficiency ratings are sub-Act of 1923 as amended shall be con-
ject to review by a board of review, the sidered by boards of review in the same
Civil Service Commission may order án manner as if appealed by such em-
election for employee members and ployees.?
alternate employee members at a dif- 5. Hearings conducted on efficiency.
ferent time or may authorize the def- rating appeals and certified cases shall
inite or indefinite postponemerit of the be on as informal a basis as possible
regular annual election.
(d) Chairmen and alternate chair- *Boards of Review will give precedence
men for the boards of review shall be
to appeals from employees for whom action is
designated by the Civil Service Com- being withheld pending their decisions under
the regulations set forth on page 166.
mission,
such cases, lack of diligence by the employee
(e) All members of boards of re- in bringing the appeal to the point of deci-
view and all alternate members shall sion is suficient ground for considering the
appeal abandoned by the employee
be officers or employees of the executive (departmental circular No. 458, supplement
branch of the Federal Government; '3, September 26, 1944.)*
In
as
(November 16, 1944)
PERSONNEL ADMINISTRATION WITHIN DEPARTMENTS
406
:
and yet permit the presentation of all shall also be forwarded to the Civil
information necessary to ascertain the Service Commission.
correctness of the rating in question or 7. These regulations apply with full
the rating which should be assigned the force and effect to the administration
employee. An oral hearing may be of efficiency rating, boards of review in
waived by the appellant, or employee the departinental service. Until such
whose rating is certified for review, and time as the Civil Service Commission,
the board of review may thereupon pro- after consultation with heads of depart-
ceed to a consideration of the case on ments and independent establishments,
the basis of written evidence submitted decides that it is practicable to extend
by the parties. Stenographic reports of the foregoing provisions in their full
oral hearings shall be required only force and effect to the field services,
when it is determined by the unanimous efficiency-rating appeals from employees
vote of the board that they are neces- in the field services may be made to.
sary to the best interests of the Govern- | boards of review established in and for
ment and employee. In all proceedings the departmental headquarters of said
before boards of review, each employee field services for adjudication on the
whose efficiency rating is under consid- basis of evidence submitted in writing.
eration shall be entitled to have a rep- 8. These regulations supersede the
resentative of his own selection; and regulations in Executive Order No.
at oral hearings each appellant or em- 8743 of May 1, 1941, and in Executive
ployee whose rating is certified for re. Order No. 9155 of May 1, 1942, and
view shall be entitled to appear with his shall be effective immediately, except
representative. The appellant, or em- that the provision in section 3 above
ployee whose rating is certified for re- authorizing members of boards of re-
view, and his representative, and such | view to serve until their successors are
representatives of the department or appointed or designated shall be effec-
establishment as are designated by the tive retroactively to July 1, 1941 (Ex-
head thereof, shall be afforded an op-ecutive Order No. 9252, October 9,
portunity to submit orally or in writing 1942).
any information deemed by the board
*PERSONNEL UTILIZATION
of review to be pertinent to the case,
SURVEYS
and shall be afforded an opportunity to
hear or examine, and to reply to, in- Each Federal agency was urged by the
formation submitted to such board by United States Civil Service Commis-
other parties.
sioners in their letter of January 31,
6. After ascertaining the pertinent 1944, to take the following steps imme-
facts in each case, the board of review diately, if they had not already done so :
shall proceed to determine such ad- (1) Conduct a survey at each appro-
justment in the efficiency rating as it priate operating level or geographical
ileems proper, or sustain the efficiency location for the purpose of disclosing
rating appealed from without change. and correcting lack of use of employees'
Decisions shall be made by a majority skills on a full-time basis.
vote. Notices of decisions of boards of (2) Analyze employees' needs for
review shall be communicated to the training and make certain that, within
heads of the departments or independ- the framework of present authority,
ent establishments and to the appellants, necessary training facilities are avail-
and employees whose ratings are certi-able.
fied for review, in writing and shall (3) Establish a program for improve-
contain sumiary statements of the facts ment of supervision at all levels.
which the decisions are based. (+) As an important phase of this
Copies of the decisions of the boards program, develop a system which will
On
(November 16, 1944)
406.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
result in each supervisor's reviewing | vey. The basis for the estimate should
periodically with each of his employees be indicated in each case.
exactly what the employee is expected (4) The number of employees reas-
to do.
signed for more effective use of their
(5) Organize a planned, progressive skills as a result of each survey.
employee-relations program.
(5) A comparison of the monthly
(6) Install, within the framework of turn-over and absenteeism rates at the
present authority, medical, health, and beginning and end of the quarter, where
safety programs.
these figures are available for the units
Information about personnel utiliza- surveyed.
This reporting requirement has been
tion surveys is contained in a pamphlet
issued by the United States Civil Serv. | approved by the Bureau of the Bulget.
ice Commission entitled “Better Use of
Each agency should submit an original
Personnel”, Form 4462, dated February and one duplicate copy of this report.
1944. Copies of this pamphlet may be
It is suggested that each agency also
obtained upon requisition from the Gov- | keep in its file an additional duplicate
ernment Printing Office. (Private in-copy for use by budget examiners of
dividuals may purchase copies for 10 the Bureau of the Budget.
cents each from the Superintendent of
It is urged that each agency author-
ize its field establishments to submit
Documents.)
their reports directly to the regional of-
In the letter of January 31, 1944, re-
fice of the Commission which is respon-
ferred to above, each Federal agency sible for the recruitment of the em-
was requested to make quarterly reports
ployees covered by the survey. The
of surveys, the first report to cover the
Commission's regional directors must
period January 1, 1944, to March 31,
have at hand up-to-date information
1944. In these reports the following in-
about the utilization of personnel by
formation is requested :
Federal field establishments if they are
(1) The number of surveys conducted adequately to represent Federal agen-
during the quarter. The organizational cies in the discussions which precede
units and geographic locations where the allocation of local available man-
such surveys were made should be listed, power among Federal agencies and in-
together with a brief description indi-dustrial establishments. If an agency
cating types of surveys.
cannot permit its field establishments
(2) For each organizational unit sur- to send reports directly to the regional
veyed, the total number of employees directors, the Commission would appre-
and the number of women employees ciate it if reports of field establishments
at the beginning of the quarter and at are kept separate and arranged in such
the end of the quarter.
a way that the duplicate copies may be
(3) An estimate of the personnel sav. readily found and forwarded to the ap-
ings realized from action taken as a' re- propriate regional director (department-
sult of each personnel-utilization sur-I al circular No. 476, March 20, 1944).*
(November 16, 1944)
SALARY ADVANCEMENTS WITHIN GRADE
457.01
military duty who becomes entitled to a | is not entitled, if subsequently reem-
within-grade salary advancement under ployed, to the benefits of section 5 of
the act of August 1, 1941, 55 Stat. 614, Executive Order No. 8882, issued pur-
at the beginning of a quarter occurring suant to the within-grade salary-
within a period for which he is paid, con- advancement statute of August 1, 1941,
currently with military pay, civilian which, in effect, authorizes the counting
compensation for accumulated and cur- of active military or naval service to-
rent accrued annual leave granted pur- ward within-grade salary advancements
suant to the act of August 1, 1941, 55 as though such service had been civilian
Stat. 616, as amended, is entitled to be service.
paid at the increased salary rate during Where a former employee, upon dis-
such period of annual leave from the charge from military or naval service,
effective date of the salary advancement. has met within 40 days after discharge
There is no legal or accounting objec- the conditions prescribed by section
tion to the administrative recording of 8 (b) of the Selective Training and
changes in the status of employees on Service Act of 1940 entitling him to
military duty who, when restored to restoration to his civilian position
their civilian positions, under existing "without loss of seniority,” but, due to
law will be entitled to the benefit of any administrative procedure, was not actu-
reallocation of their positions, and who, ally reemployed until after expiration
under Executive Order No. 8882, will be of the 40-day period, he may count all ·
entitled to any automatic promotions of the military or naval service in com-
that would have accrued to them during puting longevity for purposes of within-
their absence had they remained in graile salary advancement under the act
civilian service (21 Comp. Gen. 1007, of August 1, 1941, and Executive Order
May 11, 1942).
No. 8882 issued thereunder; however,
*A person serving under a probation- he may not count any of the period
al appointment, whether for six months when not in a Federal pay status be-
or one year, when he enters military tween the military or naval service and
service, is entitled, upon restoration in the civilian service except the 30-day
accordance with section 8 (b) of the Se- non-pay status time authorized in sec-
lective Training and Service Act of 1940 | tion 2 (c) of the Executive order.
(see page 138) to his former position or A former employee who, upon dis-
to one of like seniority, status, and pay, charge from active military or naval
to the salary rate received when he en service, applies for restoration to his
tered the military service, plus any civilian position within the 40-day pe-
within-grade salary advancement to riod prescribed by section 8 (b) of the
which he would have been entitled, as Selective Training and Service Act of
provided by section 5 of the Executive | 1940 to entitle him to restoration "with-
regulations under the act of August 1, out loss of seniority," but who, solely for
1941 (decision, Comptroller General, Oc personal reasons, delays in accepting or
tober 9, 1944).*
refuses to accept reemployment, loses
A former employee who, by failing his right to count his active military or
to apply for restoration to his civilian naval service in computing longevity for
position within 40 days after his dis- purposes of within-grade salary ad-
charge from active military or naval vancement under the act of August 1,
service, forfeited his right under sec- 1941.
tion 8 (b) of the Selective Training and Where a former einployee, otherwise
Service Act of 1940 (see page 138) to entitled under the Selective Training
restoration "without loss of seniority" | and Service Act of 1940 to restoration
(November 16, 1944)
457.02 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
to his civilian position after discharge sequent restoration soon after he ter-
from the Army, was precluded from im-minates his essential war industry sery-
mediately returning to such position ice, count his active military service in
upon application therefor because his computing longevity for purposes of
discharge was conditioned upon em- within-grade salary advancement under
ployment in an essential war industry, the act of August 1, 1941 (22 Comp.
including agriculture, he may, upon sub-| Gen. 969, April 14, 1943).
(November 16, 1944)
SALARY ADVANCEMENTS WITHIN GRADE
458
*An employee who had been on leave employee who has actually received a
without pay for more than one year at within-grade salary advancement in ac-
the time he entered the military service cordance with the act of August 1, 1941,
is not entitled, under section 5 of Execu- after having met all of the terms and
tive.Order No. 8882, to count active mili- conditions thereof with respect to effi-
tary service toward within-grade salary ciency, service, and conduct, has a vested
advancement in a civilian position to right to the increased salary connected
which he is later restored ; in such a with such advancement so long as he
case the 18- or 30-month waiting period remains in the same position, and there
would begin with the date of restoration is no authority to reduce his salary in
to the civilian position. If he had been the same grade and position--as distin-
on leave without pay for less than one guished from a reduction in grade for
year, he may, upon reemployment in a disciplinary reasons (23 Comp. Gen. 941,
civilian position under conditions en- June 9, 1944).*
titling him to the benefits of section 5 Meritorious within-grade salary ad-
of Executive Order No. 8882, count not vancements.--Where an employee has
only his active military service but also been granted a periodic within-grade
the preceding period of leave without salary advancement under the act of
pay, to the extent set forth below: August 1, 1941, as of the beginning of a
(a) If he had been on leave without particular quarter, his right to another
pay for less than 30 days, he may count such periodic salary advancement, other
the entire period of leave. without pay; conditions being met, after 18 or 30
(6) If he had been on leave without moaths' service from that date is not
pay for more than 30 days but less than affected by a meritorious „salary ad-
one year, without break in service, he vancement granted within such period
may count 30 days of the period of pursuant to the act.
leave without pay (23 Comp. Gen. 367, A period of 18 or 30 months is not re-
November 16, 1943; 23 Comp. Gen. 617, quired to elapse between meritorious-
February 23, 1944).*
as distinguished from periodic-within-
Employee reduced in salary for disci- gradę salary advancements under the
plinary reasons.- Where an employee act of August 1, 1941, but only one such
has been reduced in salary for disci. meritorious advancement may be made
plinary reasons but his efficiency rating within each of the 18- or 30-month pe-
and period of service prior to October riods applicable to periodic advance-
1, 1941, are such as not to bar a promo-ments (21 Comp. Gen. 855, March 12,
tion under the act of August 1, 1941, it 1942).
is within the discretion of the admin- A prospectively effective meritori-
istrative officers, under the provisions of ousmas distinguished from periodic
said act, to withhold for such period as within-grade salary advancement of one
is deemed proper or necessary the ad- step may be granted an employee under
ministrative certificate as to "other-| the act of August 1, 1941, and Executive
wise satisfactory conduct" which is Order No. 8882 issued pursuant thereto,
fixed by said act as one of the condi- even though the employee may not as
tions necessary for a salary advance yet have attained eligibility for his first
ment thereunder (21 Comp. Gen. 326, periodic within-grade salary advance
October 13, 1941).
ment under the act by serving 18 or 30
*The decision just summarized ap- months without an equivalent increase
plies to cases where the unsatisfactory in compensation (21 Comp. Gen. 791,
service or conduct occurred during the February 21, 1942).
period on which the salary advance- It is the opinion of the Commission
ment would be based, and not where it that the term "especially meritorious
occurred after the employee became eli- services", as used in the act of August
gible for such salary advancement. An 1, 1941, means an act or service (1) in
(July 27, 1944)
LEAVE OF ABSENCE
505
Leave without pay granted for period | the employee, be substituted for the
of private employment.-The annual period of unjustified suspension with-
leave to an employee's credit at the tiine out pay, and the employee paid ac-
he applied for and was granted leave cordingly (based on 18 Comp. Gen. 136,
without pay during a period of em- August 6. 1938; 17 Comp. Gen. 199,
ployment with a Government contractor August 30, 1937).
Where an employee was suspended
may be substituted, retroactively ef-
fective, for a corresponding period of from duty pending establishment of his
citizenship status, without which status
the leave without pay, provided the
he could not have been employed and
salary in the private employment would
paid from the appropriation otherwise
not constitute a contribution toward available for his salary in view of a
Federal salary in contravention of the specific statutory prohibition, and is
act of March 3, 1917 (16 Comp. Gen. later restored to duty after a court
776, February 19, 1937; 20 Comp. Gen. decision rendered in another case re-
488, February 27, 1941; 22 Comp. Gen.
moves the doubt as to his American
178, September 3, 1942). As to recredit- citizenship, the annual leave to his
ing of leave after return from private credit on the date of suspension may
employment, see notes on page 497.01.
be substituted for an equivalent part
Unjustified suspension.—The statu- of the period of suspension (19 Comp.
tory right to annual leave of absence Gen. 424, October 6, 1939).
with pay may not be denied because
As to the effect on charges to an-
an employee has been suspended with-nual leave of special statutory author-
out pay where it is administratively de- ity to suspend employees and compen-
termined that the suspension was un- sate them for the period of suspension
justified. If the employee is separated after investigation and restoration to
from the service at or subsequent to active duty, see notes on page 202.
the period of unjustified suspension for
*Leave without pay at beginning of
a reason other than the cause of the Sus- calendar year.-Where a permanent em-
pension, annual leave may be substi-
ployee was in leave-without-pay
tuted for the period of suspension with status at the close of a calendar year,
out pay and the employee paid accord- and did not return to duty until the
ingly. If the employee is retained in second workday of the succeeding cal-
the service after the period of unjusti- endar year, it is within administrative
fied suspension, leave with pay accrued discretion to grant him annual leave
prior and subsequent to the period of retroactively to cover his absence on the
suspension, and leave accrued during first workday of the new year (23 Comp.
the period of suspension, if less than Gen. 638, February 29, 1944).
Effect of substitution upon pay for
15 days, as well as leave with pay Sundays and holidays. It is a general
authorized to be advanced within the rule, although subject to further re-
limitations of the law and regulations, striction by administrative regulation,
may, within the discretion of the ad- that an employee who has been absent
ministrative office and upon election by I on leave without pay for a definite pe-
2
(July 5, 1944)
505.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
riod which has been applied for in writ-without-pay periods (9 Comp. Gen. 350,
ing and approved by the proper admin- February 10, 1930; 13 Comp. Gen. 206,
istrative authority, and who reports for January 24, 1934; 13 Comp. Gen. 207,
duty at the beginning of the duty day January 24, 1934; 23 Comp. Gen. 638,
next following the expiration of such February 29, 1944).
definite period, is entitled to compensa- See also note on "Absence without ad-
tion for the Sundays and holidays oc-
vance authorization,” page 499.
curring between the expiration of the
Rate of compensation for substituted
leave granted and the day of actual re-
leave.- Where accrued unused annual
porting for duty. This rule is applica- leave is substituted for an equal pe-
ble to permit payment of compensation
riod of läyoff or furlough without pay,
for such intervening Sunday or holiday
in a case where the employee was absent payment of compensation during such
on annual leave on the first workday fol- period must be at the last rate paid
lowing the expiration of the leave-with- for active service prior to the furlough
out-pay period, even though such annual
or leave without pay, on the basis that
leave was granted retroactively rather the period of leave is a continuation
than in advance. No payment may be of such employment (16 Comp. Gen.
made, however, for a Sunday or holiday 865, March 17, 1937; 22 Comp. Gen.
included within the definite period of 932, March 30, 1943).
leave without pay which was applied
* Leave accrued under State regula-
for in writing and approved, even tions in State employment offices.-The
though such Sunday or holiday Oc-War Manpower Commission Appropria-
curred at the beginning or at the end tion Act, 1945 (Public Law 373, 78th
of such period. In like manner, no pay. Cong., June 28, 1944), makes provision
ment may be made for a Sunday or hold for the substitution, under specified
iday which occurred immediately be conditions, of leave accrued under State
tween two periods of leave without pay, regulations in State employment office
even though the administrative author- facilities and services transferred to the
ity possessed a discretion, which he did War Manpower Commission, for leave
not exercise, to permit substitution of without pay taken between January 1,
annual leave for one of the two leave- 1 1942, and June 30, 1942.*
(November 16, 1944)
LEAVE OF ABSENCE
506
TRANSFER OF LEAVE
Transfer to and from the Foreign
Transfer to position not subject to the
Service. The authority vested in the
leave regulations.-An employee may
Secretary of State by Executive Order
No. 8189 of July 5, 1939, to promulgate
not transfer leave credits earned in a
position subject to the Annual and regulations controlling the accumula-
Sick Leave Regulations upon trans-
tion, crediting, and charging of leave of
fer to a position excepted from those Foreign Service officers and employees
regulations, whether or not subject to does not include authority to promulgate
other leave laws and regulations (19 leave regulations which would affect
Comp. Gen. 366, September 15, 1939). such personnel while serving in posi-
Such leave credits may, however, be tions under different leave systems
restored to him, subject to the condi- either prior or subsequent to service in
tions and limitations of the leave regu- the Foreign Service, and, therefore, the
lations, upon his return to a position transfer of leave credits of officers and
subject to the leave regulations. Thus, employees transferred from or to the
leave credits may be restored after an Foreign Service to or from positions un-
intervening period of part-time or in- der different leave systems may not be
termittent employment, provided that authorized by regulations promulgated
the original position was a permanent by the Secretary of State.
position within the meaning of the An-
The Secretary of State may issue,
nual and Sick Leave Regulations and pursuant to the authority delegated to
that there was no break in service him by Executive Order No. 8189, a leave
(based on 22 Comp. Gen. 1138, June 28, regulation applicable to Foreign Service
1943).
cfficers and employees similar to sec-
Transfer to non-Federal position.- tion 4.9 (6) of the Annual and Sick
See notes on page 497.01.
Leave Regulations (see page 488),
Transfer to a temporary position. which saves to employees the leave ac-
See section 4.10 of the Leave Regula- cumulated and accrued in positions
tions. As to meaning of term “tempo- within the purview of the leave acts of
rary employee,” see note on page 493.
March 14, 1936, when they transfer
Transfer of leave from a temporary
without a break in service to positions
position.-See section 4.11 of the Leave outside the acts and subsequently re-
transfer to positions within the purview
Regulations.
thereof (decision, Comptroller General,
*Transfer of leave from position sub-
October 18, 1944).*
ject to different leave regulations.--The
transfer of leave credits between service service. --As to recruiting of leave after
Intervening period of separation from
or employment under different leave
return from a Federal or non-Federal
systems is not now authorized by law
position to which the employee was
and may not be authorized by regulation
transferred with reemployment rights,
(decision, Comptroller General, Octo-
see notes on page 497. As to transfer
ber 18, 1944).
The War Manpower Commission Ap- retained on leave without pay, under
of the leave of employees who were
propriation Act, 1945 (Public Law 373, section 4.8 (0) of the Annual and Sick
78th Cong., June 28, 1944), provides for Leave Regulations, after the abolition
the transfer to the War Manpower Com- of their positions, see notes on page 514.
mission, under certain specified condi-
Intervening period of leave without
tions, of leave earned under State regu- pay.-Where an employee was granted
lations by employees of State employ- his accrued annual leave and, there-
ment facilities and services transferred after, leave without pay ending on the
to the War Manpower Commission. date immediately prior to the effective
1
(November 16, 1944)
506.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
date of his transfer to another perma-have been transferred to the new posi-
nent position in another Government tion, the election of the employee is
agency, there was no “break in service" particularly desirable because the
within the meaning of section 4.9 of transferred leave may be of more value
the leave regulations, and if the posi- to him than his retaining the greater
tions from which, and to which, trans- salary during the period of dual em-
ferred otherwise meet the provisions of ployment. If the employee elects to
said section, his accumulated unused refund, and does refund, the salary re-
sick leave may be transferred to his ceived for the period of annual leave
credit in the new position (based on 19 granted and taken in his former posi-
Comp. Gen. 510, November 18, 1939). tion, such leave can be restored to him
Intervening period of service as a and transferred to his new position if
temporary employee.-See section 4.10 there was no break in service or other
of the Leave Regulations.
factor prohibiting such transfer. If
Recrediting and transfer of leave the employee elects to retain the sum
taken in violation of dual-compensation received during the period of his an-
nual leave in his former position, the
statutes.-In cases involving payment
leave cannot thereafter be transferred
of two salaries in two positions in con-
to his new position (22 Comp. Gen. 654,
travention of the dual-compensation act
January 15, 1943).
of May 10, 1916, as amended, the em-
This note does not apply to cases
ployee has a right of election to refund involving violation of the dual-com-
the salary of either position or employ- pensation act of July 31, 1894, as
ment, and only in the event the em- amended; as to such cases, see notes on
ployee fails to make an election will
it be presumed that he would elect to Transfer of additional accumulated
retain the salary of the position which leave made retroactively available by
would give him the greater sum. When statute.-Where an employee has been
annual leave in the older position could | transferred from one department or
page 430.
(November 16, 1944)
LEAVE OF ABSENCE
511
last day of active civilian service, re- | intervening between his civilian and
gardless of the date when an applica- naval service, the effective date of
tion for payment thereof is filed or the resignation may be retroactively
administratively approved. The em- changed so as to include the period of
ployee is entitled to the benefit of any accumulated or current accrued annual
increase in civilian compensation prop- leave for which he is entitled to pay-
erly granted him effective during such ment concurrently with active military
period of leave either by operation of or naval duty under said act of April
law (incīuding salary advancements 7, 1942 (22 Comp. Gen. 47, July 20,
within grade) or by administrative 1942). In like manner,
In like manner, the effective
action, upon the same basis as if he had date of resignations subsequent to May
remained upon active duty in his civil- | 1, 1940, to enter the active military or
ian position. On the other hand, if the naval service without break in service,
leave period had expired (under the may be changed retroactively in order
rule stated above) before the compen- that the employee may be paid the
sation increase became effective, com- amount of accumulated leare to which
pensation for the leave is payable at he has become entitled by reason of the
the same rate the employee was receiv- act of December 17, 1942, 56 Stat. 1052;
ing when he entered the military serv- 5 U. S. C. 1940 ed., Supp. II, 30 b (22
ice (21 Comp. Gen. 1007, May 11, 1942; Comp. Gen. 810, February 16, 1943).
22 Comp. Gen. 229, September 15, 1942; However, action taken to separate an em-
22 Comp. Gen. 470, November 14, 1942). (ployee from the Government service
Determination of amount of leave.
upon his voluntary enlistment in the
The payment authorized by the act of military or naval service subsequent to
August 1, 1941, as amended, should be May 1, 1940, may not thereafter be
computed upon the same basis as though rescinded by retroactively changing the
the leave had been taken for the period administrative records to show such em-
covered thereby without entering the ployee as in a leave-without-pay status
military or naval service, and, therefore, (21 Comp. Gen. 403, November 3, 1941).
credit for Sundays and other nonwork Change in election as to immediate
days should be allowed (21 Comp. Gén. payment for leave. After electing to be
210, September 13, 1941).
paid, pursuant to the act of August
Deductions from amount paid.-Re-1, 1941, as amended, for his accrued
tirement deductions are required to be annual leave concurrently with mili-
made from compensation paid to an | tary service, the employee may not re-
employee of the United States for a fund the amount paid in order to have
period of annual leave, concurrent with the leave remain to his credit. How-
active military or naval duty, granted ever, an employee who has requested
pursuant to the act of August 1, 1941 that his leave remain to his credit
(21 Comp. Gen. 210, September 13, until his return from active military
1941).
or naval service may at any time there-
Retroactive change in separation date after during such military or naval
for purpose of granting leave.—Where, service elect to be paid, pursuant to
subsequent to May 1, 1940, and prior the act of August 1, 1941, as amended,
to the act of April 7, 1942, extending for his accrued annual leave concur-
to employees, voluntarily enlisted in the rently with military service, by filing
armed forces after May 1, 1940, the an application for such leave (22 Comp.
payment-for-leave benefits of the act Gen. 229, September 15, 1942; 22 Comp.
of August 1, 1941, a civilian employee Gen. 546, December 18, 19).
resigned from his position to enlist in Funds from which leave should be
the Navy without a break in service paid. The period immediately follow-
512 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
ing the last day of active service in a the rate of accrual should be upon the
civilian position is the period for which same basis; it would not be proper to
payment may be made to employees for exclude Sundays and holidays in com-
annual leave pursuant to the act of puting current leave and include Sun-
August 1, 1941, as amended, and the days and holidays in computing accu-
fiscal year salary appropriation charge. mulated leave (21 Comp. Gen. 688, Jan-
able with the payment is the one which uary 20, 1942).
would have been available had the leave
Where an agency, in the exercise of
been granted in advance for such period, its administrative discretion, makes the
the charge to be apportioned if the leave Uniform Annual and Sick Leave Regu-
falls in two fiscal years. If the unob- lations applicable to employees sta-
ligated balance in the fiscal year appro-
tioned outside the continental United
priation chargeable is insufficient to pay States, such change may not be made
the obligation created by that act, the retroactively effective to a date prior
vouchers covering such payments should to January 1, 1938, the date as of which
not be forwarded to the General Ac-such discretion was first vested in Gov-
counting Office as claims for direct set- ernment agencies, for the purpose of
tlement, but the administrative office permitting accumulations of annual and
should take steps to obtain a supple- sick leave, but accumulations of an-
mental or deficiency appropriation (21 nual or sick leave prior to January 1,
Comp. Gen. 258, September 25, 1941).
1938, which were permitted at the time
by administrative regulation pursuant
LEAVE DIFFERENTIALS
to statute may be credited to the ac-
Section 5 of each of the Annual and counts of such employees in extending
Sick Leave-Acts of March 14, 1936, to them the uniform annual and sick
saves to employees stationed outside leave regulations effective January 1,
the continental limits of the United 1938, eren though such accumulations
States the benefit of any then existing were in excess of those permitted by
leave differential, whether granted by the Uniform Annual and Sick Leave
prior leave laws or administrative reg- Regulations (19 Comp. Gen. 66, July
ulations. It is within the discretion of 15, 1939).
the administrative office to apply the An employee with post of duty out-
uniform regulations promulgated by the side the continental limits of the United
President under the acts of March 14, States who is transferred to a post of
1936, to civilian employees stationed duty within the said limitsboth posi-
outside the continental United States, tions being within the purview of the
subject to continuance of such leave | Annual Leave Act of March 14, 1936-
differential. The administrative office loses the leave differential authorized
may therefore adopt leave regulations for the former duty by the said leave
for such employees comprising any of act, and therefore is not entitled to
the features either of the leave regula accumulated leave in excess of the max-
tions in effect for such employees prior imum authorized for employees within
to January 1, 1936, or of the Uniform the said limits (21 Comp. Gen. 158,
Annual and Sick Leave Regulations, August 19, 1941).
but the terms of such regulations must *The leave differential for foreign
be within the limits of whichever of service saved by section 5 of the Annual
the comparable provisions of the two and Sick Leave Acts of March 14, 1936,
sets of regulations would result in relates only to foreign service coming
greater advantage to the employees (20 within the purview of those statutes,
Comp. Gen. 114, August 26, 1940; 21 exclusive of service under other leave
Comp. Gen. 688, January 20, 1942). laws such as that applicable to officers
However, the granting of the leave and I and employees of the Foreign Service
..
(November 16, 1944)
LEAVE OF ABSENCE
512.01
(decision, Comptroller General, October | to the same leave laws under which such
18, 1944). As to possibility of trans- leave was earned, see page 506.*
ferring leave accrued under such other
TERMINAL LEAVE
leave laws. to positions subject to the
Payment for leave accrued but unused
Annual and Sick Leave Regulations, prior to separation.-Section 2.4 of the
and of recrediting such leave upon sub- Annual and Sick Leave Regulations
sequent retransfer to a position subject promulgated by Executive Order 9414
(November 16, 1944)
J K
CIVIL SERVICE ACT AND RULES
6 33
TRANSMITTAL SHEET NO. 22
November 23, 1944
A22
These sheets should be cut or torn apart along the perforations.
They should then be substituted as shown on the back of this page
for printed pages of the loose-leaf edition of the "Civil Service Act
and Rules. The steps in making the insertions are explained on
page XX of the introductory chapter, "How to Use This Book." The
date of this transmittal sheet and the date of filing should then be
noted on the "Filing Record" at the front of the book, and this page
should be filed immediately behind Transmittal Sheet No. 21.
When this filing is completed, pages 1 to 220, 291 to 365, 377 to
406, and 435 to 525 will be up to date as of November 23, 1944, except
for changes necessitated by the Comptroller General's decision of
November 6, 1944 (B-45311), which was received too late for inclusion
in this installment.
Remarks
Additions have been made on pages 99, 162.01, 300, 325, 326.01,
326.02, 435, 436, 436.01, 438, 439, 439.01, 441, 441.01, and 441.02.
Deletions have been made as indicated on pages 326.02, 435, 436.01,
437, 440, and 441.
Changes have been made on pages 100, 100.01, 163, 321, 326.02,
436.01, 437, and 438.
The changes on pages 321, 326.01, and 326.02 are explained in the
entry under the heading "Office of War Mobilization and Reconver-
sion" on page 326.01, and in the notes thereto. The deletion on page
326.02 is the result of the expiration of the Board of Investigation and
Research (Transportation) under the statutory limitation mentioned in
footnote 54 on the former page 326.01. The deletions on pages 435
and 437 are the result of the expiration of the Work Projects Administra-
tion and the Civilian Conservation Corps, respectively. The words
deleted on page 436.01 were stricken out by the amendatory act cited
in text. The first change on page 438 is merely a clarification. The
material deleted on pages 440 and 441 has been consolidated, with
other similar material, into a note on 'Exceptions from the statutes
quoted above," page 441.01.
It is believed that the nature of all other changes will be obvious
upon comparison of the old with the new pages.
No page appearing in a particular installment has been changed
in that installment (except by transfer of material from contiguous
pages) unless the edition date of the page is the same as that of the
transmittal sheet. Stars are retained on reprinted pages to indicate
the last changes made on the page.
TRANSMITTAL SHEET NO. 22 (NOVEMBER 23, 1944)
Remove
Insert
Page
Edition date
Page
Edition date
98
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October 31, 1943.
99
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99
100
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101
September 14, 1944.
November 23, 1944.
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September 14, 1944.
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September 14, 1944..
162. 01 September 28, 1944.
163
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July 19, 1944.
October 31, 1943 .
299
300
July 19, 1944.
November 23, 1944.
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August 17, 1944.
November 23, 1944.
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NOTE.—Pages of the October 31, 1943, edition bear no edition date in the lower
outside corner.
DEPOSITED BY THE
UNITED STATES OF AMENOTES ON PLACEMENT AND ORIGINAL APPOINTMENT
98
JAN
as-
-45
Employment in not to exceed 10 posi- / tiny, or refusal of duty by any member
tions in the Library of Congress, pro- of the military or naval forces of the
vided that the Librarian shall not make United States; (2) distributing any
any appointment to any such position written or printed matter which ad-
until he has ascertained that he cannot vises, counsels, or' urges insubordina-
secure for such appointment a person tion, disloyalty, mutiny, or refusal of
in any of the three categories specified duty by any member of the military
in section 205 of the Independent Of- ur naval forces of the United States ;
fices Appropriation Act, 1945 (see (3) advocating, abetting, advising, or
page 92), who possesses the special teaching the duty, necessity, desir-
qualifications for the particular posi- ability, or propriety of overthrowing or
tion and also otherwise meets the gen-destroying any government in the
eral requirements for employment in United States by force or violence, or
the Library of Congress (Legislative by the assassination of any officer of
and Judiciary Appropriation Act, 1945, such government; (4) printing, publish-
Public Law 354, 78th Cong., June 26, ing, editing, issuing, circulating, selling,
1944).
distributing, or publicly displaying any
Employment in the field service of written or printed matter advocating,
the Department of the Interior for advising, or teaching the duty, neces-
periods of not more than 30 days in sity, desirability, or propriety of over-
cases of emergency caused by fire, flood, throwing or destroying any government
storm, act of God, or sabotage (section in the United States by force or vio-
4, Public Law 369, 78th Cong., June 28, lence; (5) organizing or helping to
1914).
organize any society, group, or
* Utilization of services or labor of sembly of persons who teach, advocate,
prisoners of war and enemy aliens who
or encourage the overthrow or destruc-
are in the control of the Federal Gov-tion of any government in the United
ernment in connection with the con- States by force or violence, or being
struction, operation, and maintenance or becoming a member of, or affiliate
of Federal reclamation projects, water with, any such organization, knowing
conservation and utilization projects, the purposes thereof; (6) attempting
Indian irrigation projects, and related to commit, or conspiring to commit,
work, subject to the approval of, and any of these acts.
regulations by, the War Department or
Membership in subversive organiza-
other Federal agency having control of tong.-Section 9A of the Hatch Act
such persons (Public Law 369, 78th (see page 422) prohibits Federal em-
Cong., June 28, 1944).*
ployees from having membership in
any political party or organization
Freedom From Subversive Activities which advocates the overthrow of our
and Membership in Subversive constitutional form of government in
Organizations
the United States, requires the imme-
diate removal of any person violating
Subversive activities.—The act of
this provision, and provides that there-
June 28, 1940 (54 Stat. 670; 18 U. S. C.
1940 ed. 9-13), prohibits the following by any act of Congress for the position
after no part of the funds appropriated
subversive activities and prorides that
or office from which removed shall be
no person convicted of violation shall used to pay his compensation.
be eligible for employment by the United
Annual appropriation acts contain a
States, or by any department or agency provision prohibiting the use of appro-
thereof (including any corporation the priated funds to pay the salary or
stock of which is wholly owned by the wages of any person who advocates, or
United States) for five years after who is a member of an organization
such conviction: (1) Advising, coun- that advocates, the overthrow of the
seling, urging, or in any manner caus- Government of the United States by
ing insubordination, disloyalty,
disloyalty, mu- force or violence. For details on this
(September 14, 1944)
99
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
provision, and on the affidavit used to | of the Civil Service Act, the report on
meet this requirement, see notes on the certificate must so indicate, and the
pagé 107.
appointing officer must submit full in-
Advocating the overthrow of the formation to support his finding (de-
Government of the United States by partmental circular No. 323, revised,
force or violence. See notes on page March 30, 1942; departmental circular
107.
No. 493, July 3, 1944).
Members-of-Family Restriction
Temporary appointment. For the du-
ration of the present emergency, tempo-
Statutory provision.-Section 9 of the
rary appointments under any authority
Civil Service Act of January 16, 1883
may be made in proper cases without re-
(22 Stat. 406; 5 U. S. C. 1940 ed. 641), gard to the provisions of section 9 of the
provides as follows: "That whenever Civil Service Act (Commission's minute 6
there are already two or more mem- of December 26, 1941; departmental cir-
bers of a family in the public service cular No. 310, January 16, 1912). In the
in the grades covered by this act, no case of appointments under the war
other member of such family shall be service regulations, the words "tempo-
eligible to appointment to any of said rary appointments" as used in the pre-
grades."
ceding minute refer to appointments
Preference eligibles. Under section which are for periods specifically limited
6 of the Veterans' Preference Act of to one year or less (departmental circu-
1944 (see page 10.02), persons entitled lar No. 323, revised, March 30, 1942).
Where the Commission or its re-
to preference under that act are not
subject to section 9 of the Civil Serv- gional directors consider such action
ice Act (departmental circular No. 493, necessary to meet the needs of the
July 3, 1944). For information as to service because of shortages of qualified
the groups of persons who are entitled persons, congested housing conditions,
to preference under the Veterans' Pref- etc., they may, in their discretion,
authorize temporary appointments un-
erence Act, see section 2 of the act
(page 10); section 2 of war-service der the war-service regulations of per-
whose indefinite appointments
regulation III (page 23); and notes on
could not be authorized because of sec-
*While the veteran's own appoint-
tion 9 of the Civil Service Act, with the
understanding that such temporary
ment is not subject to the members-of-
appointments may be extended as long
family law, he is counted, if occupying
as the services of such persons are
a position in the classified civil service, essential to the war program (Commis-
as a member of the family in considering sion's minute 2 of July 10, 1942).
under the law the appointment of any
Applicability of members-of-family
meinber of his family who is not en-
restriction.-The family restriction does
titled to preference (Commission's
not apply to appointments to excepted
minute 2 of October 30, 1944).*
positions, including positions subject to
Responsibility of appointing officer.
Schedules A and B of the civil-service
It will be the appointing officer's re-
rules (Commission's minute 2 of June
sponsibility to enforce the provisions 15, 1914; minute 2 of October 13, 1923).
of section 9 of the Civil Service Act. It applies to entrance appointments to
Information needed for making the de- all positions in the classified service
termination whether the appointee (18 Op. Atty. Gen. 83, December 9,
meets the members-of-family require-1884), except appointments under sec-
ment will be obtained through Standard tion 8 of civil-service rule II (Com-
Form 61 (see note, page 104.02). In mission's minute 2 of May 28, 1918)
doubtful cases the appointing officer and temporary appointments (depart-
may consult the Commission, its regional mental circular No. 323, revised, March
director, or his representatives. Where 30, 1942). It applies to reinstate-
an eligible is disqualified under section 9 | ments under civil-service rule LX, reap
sons
page 76.
(November 23, 1944)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT
100
pointments under war-service regulation not suficiently broad to include the rela-
VIII, and appointments from the war- tionships of aunt, uncle, nephew, or
reemployment list; as to reemployment | ničce, by marriage (Commission's min-
after service in the armed forces, see ute 7 of May 22, 1929), or cousin
note on "Preference eligibles”, above. (Commission's minute 4 of December
With respect to the application of the 21, 1928). Mere residence of a sister-
members-of-family requirement to classi- in-law with her brother-in-law's family,
fication cases, see notes on pages 234 and with a financial contribution by the
332.
sister-in-law as payment for room and
The restriction applies to applicauts board, is not sufficient in itself to make
who have two or more members of their her a member of her brother-in-law's
family serving in the entire classified family (37 Op. Atty. Gen. 804, 305,
service, whether or not they are serving October 25, 1933). A stepchild, though
in the department to which the appli- living in the stepfather's house, is not
cant seeks to be appointed (18 Op. counted as a member of his family if
Atty. Gen. 83, December 9, 1884). In the stepfather does not contribute to-
determining whether the other mem- ward his support and does not bear the
bers of the applicant's family employed responsibility of a parent (Commis-
by the Government are in the "classified sion's minute 7 of April 1, 1942).
service", the status of the position, The members-of-family provision ap-
rather than that of the employee, is con- plies to any member of a family that,
trolling. When an excepted position is while separated, intends to reassemble
occupied by a person with a classified as a unit (Commission's minute 3 of
status, such employment is considered May 18, 1942). On the other hand, a
as outside the classified service and minor who leaves the family fireside
has no effect upon the appointment of and becomes self-supporting and inde-
a third member of the same family in pendent, with every evidence of so
the classified service. On the other continuing, ceases to be regarded as a
hand, an employee who is the occupant member of the parental household
of a classified position is regarded as within the meaning of that provision
in the "classified service" for purposes (Commission's minute 3 of February 5,
of the members-of-family restriction 1943). The marriage of
just as though the employee had a class- daughter who had up to that time been
ified status (Commission's letter to re- member of the father's family
gional directors, December 6, 1937).
changes the status of the father's
Applicants who have two or more household permanently. Should such a
members of their family in the classified son or daughter return to live with the
service are admitted to examinations, father, it would not follow that he or
but are not certified until their ap- she would thereupon again become a
pointment can be made without viola-
member of the father's family (Com-
tion of the requirements of section 9 of mission's minute 1 of July 28, 1927).
the act (Commission's minute 4 of Feb:
Proof of temporary residence with
ruary 7, 1939).
Definition of family.—The term “fam. family.-The burden of proving that
ily" as used in section 9 of the Civil residence with other members of the
Service Act refers to those who live un- family is of a temporary nature rests
der the same roof with the head of the upon the applicant (Commission's min-
fainily and form his fireside. When ute 5 of March 30, 1933).
members of the family become heads of
*Severance of family relationship by
new establishments, they cease to be removal to different address.-Severance
part of the father's family (28 Op. Atty. of the family relationship because of the
Gen. 303, July 12, 1907). The term is restriction against appointment in sec-
а
SON
or
a
(November 23, 1944)
100.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
*
tion 9 of the Civil Service Act is not j investigation at any time, and that in
probibited therein or an evasion thereof. the event that the severance was not
An applicant or eligible whose ap- bona fide he will be subject to dismissal
pointment is prohibited under section 9 and to other penalties imposed for fraud
of the Civil Service Act may sever the and false statement under oath.
family relationship and be eligible for The onus of the proof of a bona fide
immediate appointment regardless of severance will be placed on the appli-
the fact that the reason for the sever- cant or eligible. Except in cases where
line is the restriction against appoint- there is no question regarding the bona
ment in section 9.
fide nature of the severance, the sever-
Severance of the family relationship ance must have continued for such a
must be bona fide, which is construed to period as necessary to establish its bona
inean branching out and setting up a ide nature before certification is made
separate and independent establish- (Commission's minute 1 of October 31,
ment by removal in fact or actual re- 1944; 31 Op. Atty. Gen. 324, July 20,
moval as distinguished from a pretense 1918).
of removal which would be a fraud or An appointment which is made in
concealment of material facts by false violation of the members-of-family law,
statements in application, Civil Service two members of the same family already
Commission Form 1769, or declaration being in the classified service, is not
of appointee.
validated by the removal of any one
In cases of alleged severance, the ap- of the three members involved from the
plicant or eligible will be required to family residence for the purpose of
make sworn statement
statement that his evading this provision (31 Op. Atty. Gen.
severance is a bona fide one, and will be 324, July 20, 1918; Commission's minute
warned that his residence is subject to 1 of August 22, 1941).
(November 23, 1944)
!
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT
101
Employees on military furlough.-A employing agency. (As to disposition
person who enters the active military of Form 2413 where objections are made
or naval service of the United States, to eligibles on grounds of physical un-
after May 1, 1940, will not be regarded Atness, see page 88.02).
as the incumbent of a position in the As to the obtaining and disposition
classified civil service, within the mean- of forms where appointees are secured
ing of section 9 of the Civil Service Act, through direct recruitment, see page
during his term of military service, re- 48.01.
gardless of whether he is actually sep- No person should be placed on duty
arated from his civilian position or is if the papers named above, or others
carried on furlough or leave without discussed elsewhere in this annotation,
pay. In conformity with the Attorney indicate that he does not meet the re-
General's opinion of April 11, 1919 (31 quirements (departmental circular No.
Op. Atty. Gen. 449), section 9 of the 162, April 19, 1938; departmental cir-
Civil Service Act will not be construed cular No. 323, revised, March 30, 1942).
to defeat the right of any person to Photographs should not be required
mandatory reinstatement to the classi- in connection with any form submit-
tied service under any applicable law, ted to the Commission. The Commis-
Executive order, or civil-service rule sion urges all departments and agencies
requiring reinstatement after discharge to discontinue the practice of requir-
from the military or naval service ing photographs in connection with
(Commission's minute 6 of December 26, forms used within the agency (depart-
1941; departmental circular No. 310, mental circular No. 449, November 10,
January 16, 1942). See also note on 1943).*
"Preference eligibles", page 99.
Offers of appointment.--Section 1 of
· Correotion of erroneous ocrtifioation war-service regulation V provides :
involving disregard of the members-of- “An eligible selected for appointment
family restriotion.—See notes on page shall be duly notified in writing by the
87.
appointing officer."
FORMS REQUIRED IN CONNECTION WITH
Ordinarily, inquiries of availability
ORIGINAL APPOINTMENTS
are sent by the appointing officer to all
eligibles being considered for appoint-
* Civil Service Commission Form
2390 (fingerprint chart), Civil Service ment, and the offer of appointment is
not sent until a final selection has been
Commission Form 2413 (medical certif-
cate), and Standard Form 61 (oath of made. The procedure in sending such
office, personnel affidavit, and declara- inquiries is set forth on page 84.
tion of appointee) must be secured in However, when tentative selections can
connection with indefinite appointments be made promptly upon receipt of the
under the war-service regulations. The list of eligibles from the Commission,
latter two forms need not be secured in the eligible who is selected may be sent
in connection with temporary appoint- an immediate offer of appointment
ments (appointments whose duration is without a preliminary inquiry concern.
specifically limited to one year or less), ing his availability (departmental cir-
and Form 2390 need be secured in such colar No. 273, July 21, 1941).
cases only if the temporary appoint- Where special physical requirements
ment exceeds or is extended beyond six have been established for a position,
months. Certain other forms, discussed offers of appointment or notices to re-
elsewhere in this section, may be re-
port for work will specify these require
quired in certain cases.
Form 2390 should be transmitted di- ments and will advise the prospective
rect to the Federal Bureau of Investi- appointee not to report unless he meets
gation, as explained on page 103 ; Forms such requirements (departmental cir-
61 and 2413 should be retained in the cular No. 323, revised, March 30, 1942).
(September 14, 1944)
NOTES ON ASSIGNMENT AND CHANGES IN RANK OR SALARY 162.01
Discrimination in favor of or against suant thereto, affect the operation of
particular groups. See notes on page | the Classification Act of 1923, as amend-
44.
ed, and actions taken under authority
*Effect of reallocation of position on of that act do not require prior approval
incmbent's eligibility for promotion.- of the War Labor Board or the Commis-
The civil service laws and regulations, sioner of Internal Revenue (22 Comp.
having to do with appointments, and the Gen. 708, January 26, 1943).
Classification Act of 1923, having to do
As to the National War Labor
with salary rates, are separate and dis- Board's authority over compensation in
tinct statute:3 with different scopes and positions the salaries of which are not
purposes. The classification of a posi- fixed by the Classification Act or other
tion pursuant to the Classification Act statutes, see Executive Order 9250, Oc-
of 1923, as amended, is not a classifica-tober 3, 1942; Executive Order 9328,
tion of the employee who may be doing April & 1943; and the supplement
the work of the position thus classified. thereto issued by the Director of Eco-
On the contrary, the classification re- nomic Stabilization on May 12, 1943.
lates only to the work or position itself For delegation of authority to the Fed-
and determines the proper compensa- eral Security Administrator as to such
tion to be paid for that work to a person positions under the Federal Security
qualified to hold such a position.
Administration, see 9 F. R. 4639, May 3,
When the present incumbent of a re-
1941.
classified position has the necessary
Military preference.—Under Section
qualifications for that position the com-
1754 of the Revised Statutes (5 U. S. O.
pensation would be payable from the be- | 1940 ed. 35), the Commission has held
ginning of the pay period current when that preference applies only to original
the notice of the classification is received entrance to the service and not to pro-
in the administrative office, irrespective motion (Commission's minute 20 of
of when the qualification of the incum- April 18, 1896). An act of July 11,
bent is determined by the Civil Service 1919, 41 Stat. 37 (see p. 78.03), also
Commission, but, in no case, however, provides that preference be given in
prior to the date the employee actually “making appointments,” and was held
attained the necessary qualifications.
not to apply in promotion or other non-
There is no authority to pay the com-competitive examinations, except those
pensation of the reclassified or newly al- held for appointment under Schedule
located position to a person who is not B and for classification. The Vet-
qualified to hold that position. If com- erans' Preference Act of 1944 (see page
pensation attached to the reclassified or 10) provides that preference shall be
newly allocated position has been paid given "in certification for appointment,
prior to determination by the Civil Serv-in appointment, in reinstatement, in re-
ice Commission of the employee's qualifi- employment, and in retention”; as to
cation for that position and the em-
its provision for the waiving of age,
ployee is found by the Commission to be
not qualified to hold that position, the height, weight, and physical require-
excess over the compensation of the ments in promotion, see page 162.
classified position formerly occupied by
Residence. The residence provisions
the individual and for which he or she of the act of July 11, 1890 (26 Stat.
was qualified would be for refunding 235), as amended by the act of May 15,
(decision, Comptroller General, July 11, 1937 (50 Stat. 168; 5 U. S. C. 1940 ed.
1940).*
843) (see p. 253), do not apply to non-
Effect of the economic-stabilization competitive examinations for promotion
regulations upon promotions.--Neither or transfer (Commission's minute 1 of
Executive Order No. 9250 of October 3, April 25, 1935).
1942, nor the regulations of the Eco- Speculation prohibited.-"I believe it
nomic Stabilization Director issued pur- to be a sound policy of the Government
ol
(November 23, 1944)
163 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
em-
OF
IN
that no officer or employee shall partici- | rates prescribed in the Classification
pate directly or indirectly in any trans- Act, do not require the prior approval of
action concerning the purchase or sale the Commission, whether the employee
of corporate stocks or bonds or of com- is serving under temporary or under
modities for speculative purposes, as excepted appointment (departmental
distinguished from bona fide investment circular No. 323, supplement 19, June
purposes. Engagement in such specu- 11, 1943; Commission's minute 3 of
lative activities by any officer or em- February 8, 1944).
ployee, whether under the competitive *Part-time employees.-If an
civil service or not, should be among ployee has been appointed for part-time
the matters considered by the heads of duty under a Commission authorization
departments and establishments and by which carried no restriction on hours
the Commission in passing upon ques- of work, promotions and reassignments
tions concerning his qualifications for may be effected in accordance with the
retention or advancement” (letter of standards and procedures set forth in
the President to the Commission dated the note on "Prior consent of Commis-
April 22, 1937).
sion”, pages 157 to 160. Where tne Com-
Effect of promotion on eligibility.- mission's authorization for the appoint-
See notes, p. 68.
ment of the part-time employee carried a
restriction on hours of work, the prior
PBOMOTION PERSONS CERTAIN
SPECIAL GROUPS
approval of the Commission is required
for the following changes in status:
Employees serving in the armed (1) Any change-in-status of a part-
forces.-See page 114.01.
time employees involving a change in
Temporary and excepted employ- / grade or duties.
ees.—The promotion of temporary em- (2) Any change-in-status of a part-
ployees (other than those serving time employee to full-time which in-
under emergency appointments under volves a change in grade or duties.
section 4 of war-service regulation V) (3) Any change-in-status of a part-
to positions in which they will serve time employee to full-time which does
under temporary appointment may be not involve a change in grade or duties,
effected under the authority set forth except in the following cases :
on page 157.
(a) A changa-in-status of a part-time
The prior authority of the Commis- student employee to temporary full-time
sion must be secured for the promotion for any period during which the school
of persons serving under temporary ap- he attends is not in session, provided
pointments, or under Schedule A or B no change in grade or duties is involved.
or other excepted appointments, to posi- (Such a change may be effected either
tions in which they are to serve under by increasing the number of hours of
war-service indefinite appointments. duty per week under his existing ap-
The procedure in securing authority for pointment, without changing the type
such conversion to a war-service indefi- of appointment, or by changing the type
nite appointment within the same de- of appointment to ternporary full-time
partment or agency is set forth on appointment, for the duration of the
school holiday period, at the minimum
Where the promotion does not in annual rate applicable to the grade of
volve a change in grade, line of work, or his position.)
tenure, the prior approval of the Com- (b) A change-in-status to full-time
mission is not required. Adjustments in work of a part-time employee whose
salary based on prevailing wage rates. appointment was originally authorized
in the community for comparable work; as “Temporary War Service Appoint-
in positions not subject to the salary | ment Not to Exceed One Year (Full-
page 154.
i
(November 23, 1944)
SCHEDULE A
299
31
1
VI. DEPARTMENT OF JUSTICE?
1. Director and three assistant directors of prisons.
2. Two private secretaries or confidential assistants to the Attorney General,
and one to each of the following: Assistant to the Attorney General, Solicitor
General, Assistant Solicitor General, and each Assistant Attorney General.
3. One chauffeur for the Attorney General.
4. Eight positions in the immediate office of the Attorney General in addition
to those excepted under paragraph 2 of this subdivision.
5. Members of the board of parole.
6. All positions in the Federal Bureau of Investigation.
7. One private secretary to the Commissioner of Immigration and Naturaliza-
tion.
8. Federal Prison Industries, Inc.: The Commissioner of Industries.
9. Three Deputy Commissioners of Immigration and Naturalization.
10. Court reporters employed by courts outside continental limits of the United
States.
11. Deputy United States marshals paid on a fee basis.
12. Positions of bailiff in the United States courts.
VII. POST OFFICE DEPARTMENT
1. Two private secretaries or confidential assistants to the Postmaster General,
one to each Assistant Postmaster General, and one to the Solicitor of the Post
Office Department.
2. One private secretary or confidential assistant to the head of each bureau
(or office) in the Post Office Department in Washington, D. C., who is appointed
by the President.
3. All employees in post offices of the third and fourth class, except postmasters
and village delirey carriers.
4. One chauffeur for the Postmaster General,
5. Five special assistants to the Postmaster General.
6. Substitute rural carriers.
7. Special delivery messengers.
8. Unskilled laborers employed as jauitors and cleaners at a compensation less
than $720 per annum.
9. The Solicitor of the Post Office Department.
10. Fourth-class postmasters in the Hawaiian Islands.
28 See excepted positions in this Department under heading "Entire Executive Civil
Service.
29 Appointments to positions in the Federal Bureau of Investigation, other than finger-
print classifiers, which were made between February 1, 1939, and July 1, 1939, have been
approved under section 4 of Executive Order No. 7916, June 24. 1938. The persons 80
appointed did not acquire a classified status (Commission's minute 3 of July 15, 1940).
Since July 1, 1939, these positions have been excepted under Schedule A, subdivision VÍ,
*Executive Order 9428 authorizes the classification, subject to certain requirements
specified in the order, of persons appointed as fingerprint classifiers in the Federal Bureau
of Investigation between August 21, 1939, and June 3, 1941, inclusive, and not otherwise
eligible to acquire a classified stati's because selection from the certificate of eligibles
issued by the Civil Service Commission was not in accordance with the provisions of
civil-service rule VII.
The Department of Justice Appropriation Act. 1945 *(Public Law 365, 78th Cong.,
June 28, 1944), contains the following proviso : "None of the funds appropriated for the
Federal Bureau of Investigation shall be used to pay the compensation of any civil-service
employee."
30 See excepted positions in this Department under heading "Entire Executive Civil
Service."
31 The Attorney General has held in an opinion of October 17, 1938 (39 Op. Atty. Gen. 191),
that the positions excepted under this paragraph cannot be included in the classified service
by Executive order.
31a For the duration of the war and six months thereafter, junitors and cleaners in
small postal units in leased quarters may be appointed without regard to competitive
requirements where the compensation is less than $1,200 per annum (Commission's minute
1 of June 29, 1943).*
33 As amended by Executive Order 9298. February 2, 1943.
83 As amended by Executive Order 9394, November 4, 1943. Appointments to these
positions between January 31, 1939, and November 4, 1943, have been approved under
section 4 of Executive Order No. 7916, June 24, 1938 (Commission's minute 2 of October
25, 1943).
Par. 6.
(July 19, 1944)
300 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
+
VIII. DEPARTMENT OF THE INTERIOR 34
3511
1. Two private secretaries or confidential assistants to the Secretary of the
Interior and one to each Assistant Secretary of the Interior.
2. One chauffeur for the Secretary of the Interior.
3. Office of the Secretary: One assistant to the Secretary.
4. Engineers, geologists, economists, architects and appraisers in a consulting
or advisory capacity for temporary, part-time, or intermittent employment.
Employments under this paragraph shall not exceed four months in any one
calendar year, unless prior permission is given by the Commission for the
extension of an additional four months.
5. Positions in the Bureau of Indian Affairs, Washington, D. C., and in the
field, when filled by the appointment of Indians who are of one-fourth or more
Indian blood.36
6. One private secretary or confidential assistant to the head of each bureau
in the Interior Department who is appointed by the President, and one each to
the Governors of Alaska, Hawaii, Puerto Rico, and the Virgin Islands.
7. All employees of the Neopit Lumber Mills on the Menominee Indian Reser-
vation in Wisconsin.
8. Agricultural extension agents and home denonstration agents employed in
field positions in the Indian Service, the work of which is financed jointly by the
Indian Service and cooperating persons, organizations or governmental agencies
outside the Federal service.
9. Local physicians and dentists employed in the Indian Service on a part-time
or fee basis or under contract, when, in the opinion of the Commission, the estab-
lishment of registers is impracticable.
10. Temporary, intermittent, or seasonal positions in the National Park Serv-
ice when filled by the appointment of persons who are certified as maintaining
a permanent and exclusive residence within, or contiguous to, a National Park
and as being dependent for livelihood primarily upon employment available
within the National Park, subject to the approval of the Commission.
86 See excepted positions in this Department under heading "Entire · Executive Civil
Service."
36 These positions, if occupied by such Indians, were not brought into the classified
service by the Ramspeck Act and Executive Order No. 8743, regardless of the source of
funds from which paid (Commission's minute 2 of October 29, 1942).
An act of June 18, 1934 (48 Stat. 986, 988; 25 U. S. C. 1940 ed. 472, 479), provides as
follows:
"SEC. 12. The Secretary of the Interior is directed to establish standards of health, age,
character, experience, knowledge, and ability for Indians who may be appointed, without
regard to civil-service laws, to the various positions maintained, now or hereafter, by the
Indian Office, in the administration of functions or services affecting any Indian tribe.
Such qualified Indians shall hereafter have the preference to appointment to vacancies
in any such positions.
"SEC. 19. The term 'Indian' as used in this act shall include all persons of Indian descent
wbo are members of any recognized Indian tribe now under Federal jurisdiction, and all
persons who are descendants of such members who were, on June 1, 1934, residing within
the present boundaries of any Indian reservation, and shall further include all other
persons of one-half or more Indian blood. For the purposes of this act, Eskimos and other
aboriginal peoples of Alaska shall be considered Indians. The term 'tribe' wherever used
in this act shall be construed to refer to any Indian tribe, organized band, pueblo, or the
Indians residing on one reservation
+359 Authority has been granted to the Department of the Interior, effective until
June 30, 1943, unless withdrawn prior to that date, to effect part-time appointments of
physicians in the Indian Service under this paragraph without securing prior approval
in individual cases (Commission's minute 2 of October 3, 194+).*
30 Between February 1, 1939, and September 6, 1940, such appointments were made
under par. 1 (a) of Executive Order No. 8044, January 31, 1939 (Commission's minute 5 of
July 3, 1910).
The phrase "contiguous to a National Park" is construed as meaning within commuting
distance of the park, or as covering the same area within which examination announce-
ments are given local publicity (Commission's minute 2 of October 2, 1940, as amended by
Commission's minute 4 of October 14, 1940).
(November 23, 1944)
POSITIONS EXCEPTED BY STATUTE
320.01
*Student nurses trained pursuant to the act of March 4, 1944 (Public Law 248,
78th Cong.), and transferred to Federal hospitals in the continental United
States, exclusive of Alaska, under authority of section 11 of that act, as added
by the act of March 4, 1944 (Public Law 248, 78th Cong.).'*
EXECUTIVE OFFICE OF THE PRESIDENT
Office of Censorship.-Temporary employment, within the limits of a $20,000
appropriation (Public Law 372, 78th Cong., June 28, 1944).8
*Committee for Congested Production Areas.-Temporary employment of per-
sons or organizations, by contract or otherwise, within the limits of a $15,000
appropriation (Public Law 372, 78th Cong., June 28, 1944).
Office of Economic Stabilization.--Temporary employment of persons or organi-
zations, by contract or otherwise, within the limits of a $10,000 appropriation
(Public Law 375, 78th Cong., June 28, 1944)."
Committee on Fair Employment Practice.- Temporary employment of persons,
by contract or otherwise, within the limits of an $8,900 appropriation (Public
Law 372, 78th Cong., June 28, 1944).11
Foreign Economic Administration.-Temporary employment of persons or or-
ganizations, by contract or otherwise, within the limits of a $100,000 appropria-
tion (Public Law 382, 78th Cong., June 30, 1944),12*
10
7 Under section 10 of the act of June 15, 1943 (Public Law 74, 78th Cong.), this act
shall cease to be in effect upon the date of the termination of hostilities in the present
war as determined by the President or upon such earlier date as the Congress by concurrent
resolution or the President may designate. For further notes concerning student nurses,
see page 228.
8 Excepted under terms of appropriation act. Appropriation available until June 30,
1945.
* Excepted under terms of appropriation act. Appropriation available until December
31, 1944.
10 Excepted under terms of appropriation act. Appropriation available until June 30,
1945
11 Excepted under terms of appropriation act. Appropriation available until June
30, 1945.
12 Excepted under terms of appropriation act. Appropriation available until June 30,
1945.
The Foreign Economic Administration includes the former Office of Economic Warfare.
which was transferred to it by Executive Order 9380 of September 25, 1943.*
(August 17, 1944)
321 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
10
Office of the Coordinator of Inter-American Affairs.-Officers and employees,
outside the continental limits of the United States, of corporations created or
caused to be created by the Coordinator primarily for operation outside the
continental United States; teniporary enployment of persons or organizations
by contract or otherwise, within the limits of a $15,000 appropriation (Public
Law 372, 78th Cong., June 28, 1944)."
Petroleum Administration for War.-Personal services, within the limits of a
$425,000 appropriation (Public Law 372, 78th Cong., June 28, 1944)."
Office of Price Administration.-Temporary employment of persons or organiza-
tions, by contract or otherwise, within the limits of a $30,000 appropriation
(Public Lạw 375, 78th Cong., June 28, 1944.) 16
Office of Scientific Research and Development.Engineers, scientists, civilian
analysts, technicians, and other necessary professional personnel employed by
contract or otherwise (Public Law 372, 78th Cong., June 28, 1941)."
Smaller War Plants. Corporation. Temporary employment of persons or organi-
zations, by contract or otherwise, for special services, within the limits of a
$500,000 appropriation (Public Low 372, 78th Cong., June 28, 1944)."
Office of Strategic Services.-Positions compensated from an appropriation of
$37,000,000 made by the National War Agency Appropriation Act, 1945 (Public
Law 372, 78th Cong., June 28, 1944).
Office of War Information.-Employment of persons outside the continental
limits of the United States; temporary en:ployment in the United States, by
contract or otherwise, within the limits of a $75,000 appropriation (Public Law
372, 78th Cong., June 28, 1944).
War Manpower Commission_Temporary employment, by contract or other-
wise, of persons to enable the Chairman of the War Manpower Commission to
promote and facilitate on-the-job training and inaximum utilization of workers
by industries and activities essential to the war by affording training to super-
visory personnel (Public Law 373, 78th Cong., June 28, 1944).*
Office of War Mobilization.-*See page 326 01.*
War Production Board. - Temporary employment of persons or organiza-
tions, by contract or otherwise, within the limits of a $20,000 appropriation
(Public Law 372, 78th Cong., June 28, 1914).”
18
101
/
20
18 Excepted under terms of appropriation act. Appropriation available until June 30, 1945.
14 Excepted under terms of appropriation act. Appropriation available until June 30,
1945. No part of the sum referred to may be used to compensate any person who has
been transferred from a classification pay status to un ungraded pay status.
10 Excepted under terms of appropriation act. Appropriation available until June 30, 1945.
The provision of section 2 (b) of the Emergency Price Control Act of January 30, 1942,
(56 Stat. 25), that in selecting persons to administer regulations and orders establishing
maximum rents, the administrator shall consider recommendations made by State and
local oficials, does not constitute an exception from the Civil Service Act and rules. Such
recommendations may be considered only insofar as they concern persons who are certified
in accordance with the Civil Service Act and rules (Commission's minute 3 of July 12, 1943).
Excepted under terms of appropriation act. Appropriation available until June 30, 1945.
17 Excepted under terms of appropriation act. Appropriation available until June 30, 1945.
18 Excepted under terms of appropriation act. Appropriation available until June 30, 1945.
10 Excepted under terms of appropriation act. Appropriation available until June 30, 1945.
20 Excepted under terms of appropriation act. Appropriation available until June 30, 1945.
* Excepted under terms of appropriation act. Appropriation available until June 30, 1945.
(November 23, 1944)
POSITIONS EXCEPTED BY STATUTE
324
83
Bureau of Indian Affairs.-Legal counsel employed by an Indian tribe or
tribal council (48 Stat. 987, June 18, 1934; 25 U. S. C. 1940 ed. 476).81
Bureau of Mines.--Members of the advisory committee to exercise consultative
functions in connection with the administration of the act of May 7, 1941 (55 Stat.
179), which relates to certain inspections and investigations in coal mines for the
purpose of obtaining information relating to health and safety conditions,
accidents, and occupational diseases therein ;32 *temporary employment of engi-
neers, architects, or firms or corporations thereof, by contract or otherwise,
within the limits of a $75,000 appropriation, for the purposes set forth in the
item "Investigation of raw-material resources for steel production (national
defense)," in the act of June 28, 1944 (Public Law 369, 78th Cong., June 28,
1944) ; ** temporary employment of engineers, architects, or firms or corporations
thereof, by contract or otherwise, within the limits of a $30,000 appropriation, for
the purpose of designing and constructing buildings and plant units in connec-
tion with the production of alumina from low-grade bauxite, aluminum clays and
alunite (Public Law 369, 78th Cong., June 28, 1944); temporary employment of
engineers, architects, or firms or corporations thereof, by contract or otherwise,
within the limits of a $30,000 appropriation, for the purpose of designing and
constructing buildings and pilot plants in connection with the conduct of inves-
tigations and development of methods for the recovery of magnesium from domes-
tic raw materials (Public Law 369, 78th Cong., June 28, 1944).**
*
*
*
*
*
*
Puerto Rico Reconstruction Administration.--All positions paid from the re.
volving fund provided for by the act of February 11, 1936 (49 Ştat. 1135).
Bureau of Reclamation.-Services or labor of prisoners of war, enemy aliens,
and American-born Japanese who are in the control of the Federal Government,
utilized in connection with the construction, operation, and maintenance of Fed-
eral reclamation projects, water conservation and utilization projects, Indian irri-
gation projects, and related work, subject to the approval of, and regulation by,
the War Department or other Federal agency having control over such persons
(Public Law 369, 78th Cong., June 28, 1944).'
DEPARTMENT OF AGRICULTURE
Positions paid from the appropriations contained in the Department of Agri-
culture Appropriation Act, 1945 (Public Law 367, 78th Cong., June 28, 1944), under
the heading "Loans, Grants, and Rural Rehabilitation."
Persons appointed to carry out the provisions of the act of March 5, 1942 (56
Stat. 126), which provides for the planting of guayule and other rubber-bearing
plants.
Bureau of Animal Industry.--Persons appointed to make examinations and
inspections of meat and meat food products under the act of June 10, 1912 (56
Stat. 351), which provides for the making of such inspections in slaughtering,
meat-canning, salting, packing, rendering, and similar establishments which are
31 The term “tribe" refers to “any Indian tribe, organized band, pueblo, or the Indians
residing on one reservation."
32 The committee is to be composed of representatives of coal-mine owners and of repre-
sentatives of coal-mine workers in equal number (55 Stat. 179, May 7, 1941).
*
*
*
*
39 Excepted under terins of appropriation act. Appropriation available until June 30,
1945.
* Excepted under terms of appropriation act. Appropriation available until June 30,
1945.
(August 17, 1944)
325 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
not subject to the Meat Inspection Act, upon application for Federal inspection
by such establishment.36
*Farm Credit Administration.-Purchases of manuscripts, data, and special re-
ports by personal service (section 602 of the act of September 21, 1944, Public
LiW' 425, 78th Cong. ).*
Federal Farm Mortgage Corporation. -All positions (48 Stat. 344, January 31,
1934; Public Law 367, 78th Cong., June 28, 1944 ; 12 U. S. C. 1940 ed. 1020).
National Arboretum.-Consulting landscape architects, within the limits of a
$2,500 appropriation (l'ublic Law 367, 78th Cong., June 28, 1944).3"
DEPARTMENT OF COMMERCE
Temporary employment of persons or organizations, by contract or otherwise,
within the limits of a $10,000 appropriation, for special services in connection with
the administration of the agencies placed under the supervision of the Secretary
of Commerce by section 402 of Reorganization Plan No. I and Executive Order
No. 9071 of February 24, 1942 (Public Law 365, 78th Cong., June 28, 1944).37
Bureau of the Census.-Personnel required for preparation for, taking, com-
piling, and publishing the quinquennial census of agriculture of the United States
(Public Law 216, 78th Cong., December 23, 1943; Public Law 365, 78th Cong.,
June 28, 1944).38
DEPARTMENT OF LABOR
30
Bureau of Labor Statistics.—Temporary employment of experts, in relation to
the national security and defense, within the limits oa $15,00) appropriation
(Public Law 373, 78th Cong., June 28, 1944)."
Wage and Hour Division.-Industry committees (52 Stat. 1062, June 25, 1938;
29 U. S. C. 1940 ed. 205).
[For exceptions in American Battle Monuments Commission and
Federal Communications Commission, which formerly appeared on
this page, see page 326.01. The exceptions for the United States
Employees. Compensation Commission and the Board of Investigation
and Research (Transportation) have been dropped.]
36 The act oited provides that persons appointed under this excepting provision "shall be
regarded as holding war-service appointments, under Executive Order 9063." The Commis-
sion interprets this clause as meaning that the Secretary of Agriculture is authorized to make
such appointments without reference to the Commission other than reporting the appoint-
ments as having been made under Executive Order 9063 (Commission's minute 4 of July 2,
1912).
The functions of the Bureau of Animal Industry of the Agricultural Research Administra-
tion concerned primarily with regulatory activities were consolidated in the Food Distribu-
tion Administration of the Department of Agriculture by Executive Order No. 9280 of
December 5, 1942. The Food Distribution Administration was consolidated with other
agencies of the Department of Agriculture to form the War Food Administration by Execu-
tive Order 9322 of March 26, 1943, as amended by Executive Order No. 9334 of April 19,
1943.
so Excepted under terms of appropriation act. Appropriation available until June 30, 1945.
37 Excepted under terms of appropriation act. Appropriation irailable until June 30,
1945. The agencies placed under the supervision of the Secretary of Cominerce by the
authorities cited were: The Reconstruction Finance ('orporation ; Electric Home and Farm
Authority ; RFC Mortgage Company; Federal National Mortgage Association ; Disaster Loan
Corporation; Export-Import Bank of Washington ; Defense Plant Corporation; Rubber
Reserve Company; Metals Reserve Company; Defense Supplies Corporation ; and War
Insurance ('orporation.
34 Excepted under terms of appropriation acts. Appropriations available until December
31, 1916.
39 Excepted under terms of appropriation act. Appropriation available until June 30, 1945.
(November 23, 1944)
POSITIONS EXCEPTED BY STATUTE
326
FEDERAL SECURITY AGENCY
Office of the Administrator.- Persons employed temporarily by contractor
otherwise, for special services derermined by the Administrator to be necessary,
within the limits of a $2,500 appropriation (Public Law 373, 78th Cong., June 28,
1944) ;49 temporary employment of persons, by contract or otherwise, to carry out
the functions transferred to the Federal Security Administrator from the Office
of Defense Health and Welfare Services by Executive Order No. 9338 of April
29, 1943 (Public Law 373, 78th Cong., June 28, 1941): 41 *personnel required for
the purpose of liquidating the affairs of the National Youth Administration (Pub-
lic Law 216, 78th Cong., December 23, 1943; Public Law 373, 78th Cong., June 28,
1944).42
Public Health Service.-Commissioned officers both of the Regular Corps and
of the Reserve Corps ; special con'ultants employed in accordance with the
regulations to assist and advise in the operations of the Service; individual
scientists designated to receive fellowships; members of the National Advisory
Health Council ;49 members of the National Advisory Cancer Council (sections
203, 208, and 217 of the Public Health Service Act, Public Law 410, 78th Cong.,
July 1, 1941).*
Social Security Board.—Personal services in connection with the procurement
of information relating to the death of individuals entitled to benefits, receiving
benefits, or upon whose death some other individual may become entitled to bene-
fits, under title II of the Social Security Act, as amended, from the proper State
and local officials (Public Law 373, 78th Cong., June 28, 1944).95
*Office of Vocational Rehabilitation.—Temporary employment of specialists in
the fields of medicine and surgery, by contract or otherwise, within the limits of
a $3,000 appropriation (Public Law 373, 78th Cong., June 28, 1944).**
FEDERAL WORKS AGENCY
*Office of the Administrator.–Temporary employment of persons or organiza-
tions, by contract or otherwise, for special services, within the limits of a $1,000
appropriation (Public Law 3558, 78th Cong., June 27, 1941)." *
Public Buildings Administration.- Personal services in connection with the
emergency safeguarding from subversive hostile acts and overt acts of aggres-
40 Excepted under terms of appropriation act. Appropriation available until June 30,
1945.
41 Excepted under terms of appropriation act. Appropriation available until June 30,
1945.
*+2 Excepted under terms of appropriation acts. Appropriations available until June 30,
1945. Under the terms of the act, the appropriation is not available for the payment of
any person at a rate exceeding the rates applicable to classification grade CAF-13 or its
equivalent.
43 The ten appointed members of the National Advisory Health Council "sball be
persons, not otherwise in the employ of the United States, skilled in the sciences relating
to health" (section 217 of the act of July 1, 1944, Public Law 410, 78th Cong. ).
+ The six appointed members of the National Advisory Cancer Council "shall be selected
from leading medical or scientific authorities who are outstanding in the study, diagnosis,
or treatment of cancer" (section 217 of the act of July 1, 1944, Public Law 410, 78th
Cong):*
40 Excepted under terms of appropriation act Appropriation available until June 30,
1945.
** Excepted under terms of appropriation act. Appropriation available until June 30,
1945.
47 Excepted under terms of appropriation act. Appropriation available until June 30,
1945.
619584 0 - 44 - 2
(August 17, 1944)
326.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
sion or depredation of (1) Federal buildings and leased quarters wholly occupied
by the Government (except those under the control of the War and Navy Depart-
ments); (2) administrative buildings of the government of the District of
Columbia; (3) utilities that are necessary for the operation of such buildings;
and (4) records, valuable materials, and other property of the United States
(56 Stat. 235, April 28, 1942).48
Public Roads Administration.-Temporary employment, by contract or other-
wise, within the limits of a $15,000 appropriation, of technical consultants and
experts (Public Law 358, 78th Cong., June 27, 1944).49
NATIONAL HOUSING AGENCY
OU
018
Office of the Administrator.–Temporary employment of persons or organiza-
tions, by contract or otherwise, for legal or other special services, within the limits
of a $5,000 appropriation (Public Law 358, 78th Cong., June 27, 1944).
Federal Public Housing Authority.--Temporary employment of persons or or-
ganizations, by contract or otherwise, for legal or other special services (Public
Law 358, 78th Cong., June 27, 1944).51
*OFFICE OF WAR MOBILIZATION AND RECONVERSION 1
Deputy Directors and expert administrative, technical, and professional per-
sonnel (section 101 (d) of the act of October 3, 1944, Public Law 458, 78th Cong.).
Office of Contract Settlement.-One Deputy Director; certified public account-
ants, qualified cost accountants, industrial engineers, appraisers, and other ex-
perts; members of the Appeal Board oil (sections 4 (d) and 13 (d) of the Con-
tract Settlement Act of 1914, Public Law 395, 78th Cong., July 1, 1944).
Retraining and Reemployment Administration.-Assistant Administrators and
expert administrative, technical, and professional personnel (section 303 of the
act of October 3, 1944, Public Law 458, 78th Cong. ).510
810
48 Excepted under terms of appropriation act. ppropriation available for duration or
the emergency declared by the President May 27, 1941.
49 Excepted under terms of appropriation act. Appropriation available until June 30,
1945.
50 Excepted under terms of appropriation act. Appropriation available until June 30,
1945.
01 Excepted under terms of appropriation act. Appropriation available until June 30, 1945.
#ain When the Director of War Mobilization and Reconversion has taken office, the
Office of War Mobilization established by Executive Order No. 9347 of May 27, 1943,
not including the Surplus War Property Administration or the Retraining and Reem-
poyment Administration, will cease to exist (section 605 (a) of Public Law 458, 78th
Cong., October 3, 1944). Effective on such date, all personnel of that Office will be
transferred to the Office of War Mobilization and Reconversion (Executive Order 9488,
October 3, 19+4). The National War Agency Appropriation Act, 1945 (Public Law 372,
78th Cong., June 28, 1944), contains an appropriation of not to exceed $169,000 for
the employment of persons or organizations by contract or otherwise without regard
to the civil-service laws. The provisions of the act of October 3, 1944, will terminate
on June 30, 1917, under the terms of section 603 of the act.*
11 Under section 13 (d) of the Contract Settlement Act of 1944, the members of the
Appeal Board shall be qualified and experienced attorneys, engineers, accountants, or persons
possessing sufficient business experience or professional skill.
*310 The Office of Contract Settlement is placed within the Office of War Mobiliza-
tion und Reconversion by section 101 (b) of the act of October 3, 1944 (Public Law
458, 78th Cong.).
610 When the Retruining and Reemployment Administrator first appointed under sec-
tion 301 of the act of October 3, 1944, cited above, has first taken office, the Retraining and
Reemployment Administration created by Executive Order No. 9427 of February 24,
1944, will cease to exist (section 605 (c) of Public Law 458, 78th Cong., October 3,
1944). Effective on such dute, all personnel of that Administration will be trans-
1
(November 23, 1944)
POSITIONS EXCEPTED BY STATUTE
326.02
Surplus Property Board.--Special assistants, certified public accountants, quali-
fied cost accountants, industrial engineers, appraisers, and other experts; (erti-
fied public accounting firms and qualified firms of engineers employed by con-
tract (section 5 (b) of the act of October 3, 1944, Public Law 457, 78th Cong.).01.*
62
INDEPENDENT ESTABLISHMENTS
American Battle Monuments Commission.-Services of architects, firms of
architects, and other technical and professional personnel (Public Law 358, 78th
Cong., June 27, 1944).“
American Commission for the Protection and Salvage of Artistic and Historic
Monuments in War Areas.-Temporary employment of persons or organizations,
by contract or otherwise, within the limits of a $15,000 appropriation (Public
Law 375, 78th Cong., June 28, 1944).63
★
*
*
Office of Contract Settlement.-*See entry under "Office of War Mobilization and
Reconversion," page 326.01.*
Federal Communications Commission.—Témporary eniployment of persons or or-
ganizations, by contract or otherwise, within the limits of a $40,000 appro-
priation, to perform functions related to national defense (Public Law 358, 78th
Cong., June 27, 1944).**
ferred to the Retraining and Reemployment Administration established by the War
Mobilization and Reconversion Act of 1944 (Executive Order 9488, October 3, 1944).
The provisions of the act of October 3, 1947, will terminate on June 30, 1947, under the
terms of section 603 of the act.
ble When a majority of the members of the Surplus Property Board first appointed
under the Surplus Property Act of 1944, cited above, have taken office, the Surplus
War Property Administration created by Executive Order No. 9425 of February 19, 1944,
will cease to exist (section 605 (b) of the act of October 3, 1944, Public Law 458, 78th
Cong.). Effective on such date, all personnel of the Surplus War Property Admin-
istration will be transferred to the Surplus Property Board (Executive Order 9488,
October 3, 1944). The Surplus Property Board is placed within the Office of War Mo-
bilization and Reconversion by section 101 (b) of the act of October. 3, 1944, just cited.
The provisions of the act of October 3, 1944 will terminate on June 30, 1947, under the
terms of section 603 of the act.
02 Excepted under terms of appropriation uct. Appropriation available until June 30, 1945.
68 Excepted under terms of appropriation act. Appropriation available until June 30,
1945.
64 Excepted under terms of appropriation act. Appropriation available until June 30, 1945,
or until the expiration of 60 days after the cessation of hostilities, or conclusion of an
armistice, between the United States and the principal enemy powers.
(November 23, 1944)
CONDUCT OF OFFICERS AND EMPLOYEES
435
of United States district courts, their cause of section 212 of the act of June
deputies and assistants, who are or may 30, 1932, in the case of retired officers,
be appointed United States commission see page 438.*
ers, may receive compensation for both Retired Foreign Service officers.-
offices in an aggregate amount not ex- There is no prohibition of law against
ceeding the rate of $3,000 per annum” The reemployment in the executive civil
(52 Stat. 752, June 16, 1938; 28 U. S. service of a former Foreign Service of-
C. 1940 ed. 569).
ficer, not of automatic retirement age,
Land-bank employees.-Funds used retired for disability. Retirement an-
to pay Federal land-bank appraisers-nuity may be paid concurrently for the
Federal positions the compensation of period of such employment (16 Comp.
which is fixed by, and payable under, Gen. 121, Aug. 6, 1936; Brunswick v.
orders of the Farm Credit Administra- | U. S., 1940, 90 Ct. Cls. 285).
tion--have the status of appropriated Persons receiving annuities
annuities under
funds within the meaning of the dual- the Civil Service Retirement Act.-Dur-
compensation prohibition statutes (16 ing the period when a person is receiv-
Comp. Gen. 1123, June 29, 1937).
ing compensation for active service in
The employment of an Agriculture a civilian capacity, he may not be paid
Department employee for a short time a retirement annuity based on his own
prior to his separation from the serv- former service. He may, however, be
ice, in the office of the general agent paid a "survivor" annuity as the duly
of a Federal land bank district [now designated beneficiary of a deceased an-
farm credit district], with salary paid nuitant (21 Comp. Gen. 1125, June 24,
from earnings of the Federal land bank 1942).
and other institutions in the district
* *
* *
under the supervision of the Farm Employees of the Office of the Alien
Credit Administration, and not from Property Custodian-Positions in the
appropriated funds, is not dual service office of the Alien Property Custodian
within the meaning of the act of May | paid from funds of aliens administered
10, 1016, as amended (17 Comp. Gen. by the Custodian are subject to the
1055, June 7, 1938). ( (See note, p. 228.) provisions of the Dual Compensation
*Training allowances for disabled Act of 1894. (See 19 Comp. Gen. 751,
veterans receiving vocational train- February 26, 1940.)
ing.–The training allowance, in the Employees of the Federal Housing
form of increased pension or retired pay, Administration. — Compensation pay-
authorized by the act of March 24, 1943 ments to a person employed by the
(Public Law 16, 78th Cong.), to be paid Federal Housing Administration dur-
to disabled veterans receiving voca- ing a period of employment under an-
tional training prescribed by the act other Government agency need not be
does not constitute "salary" within the questioned as in violation of the Dual
meaning of the dual compensation act Compensation Act of May 10, 1916, as
of May 10, 1916, as amended, prohibiting amended, in view of the broad per-
the payment of two salaries to one per- sonnel appointment, etc., authority
son when they aggregate more than vested in the Federal Housing Adminis-
$2,000 per annum, so that the payment trator by section 1 of the National
of compensation, in addition to the Housing Act, 48 Stat. 1246 (19 Comp.
training allowance, by the Federal Gen. 926, May 14, 1940).
agency in which a veteran is receiving Employees of the United States Naval
training would not be prohibited by said Academy laundry.-Section 212 of the
dual-compensation statute (decision, "Economy Act” of June 30, 1932, ap-
Comptroller General, October 20, 1944). plies to employees of the United States
As to reductions in the allowance be Naval Academy laundry, who are paid
(November 23, 1944)
436 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
from the laundry collections. Refunds habilitation Administration is not sub-
1
under this act need not be required for ject to the dual compensation act of May
the period prior to March 31, 1938. 10, 1916, as amended, since that agency
(See 19 Comp. Gen. 191, August 12, is an international agency and it is
1939.) (See also Sullivan v. United assumed that if and when funds are pro-
States, 1940, 92 Ct. Cls. 155.)
vided by Congress for this country's par-
Civil Aeronautics Administration Warticipation in the Administration such
Training Service. The payment of $50 | funds will be intermingled with grants
per month which is authorized to be made by other allied United Nations
made under the act of May 7, 1943 and, as such, will lose their status as
(57 Stat. 80), to persons subject to Federal funds (23 Comp. Gen. 744, April
service in the Army of the United States 1, 1944).*
but not on active duty while undergoing American National Red Cross.-Em-
training under supervision of the Civil ployment in the American National
Aeronautics Administration War Train- Red Cross is not subject to the dual-
ing Service and while awaiting assign- compensation acts (23 Comp. Gen. 305,
ment between courses, constitutes October 23, 1943).
"salary" paid from "money appropri- *Retired Army and Navy nurses.---
ated,” within the meaning of the Dual See notes on page 439.
Compensation Act of 1916 (23 Comp. Nurses' aides.- In the case of full-
Gen. 180, September 9, 1943).
time Federal employees receiving $2,000
Service as instructor in a State in- or more per annum, the payment of $1
stitution. In the absence of a condi- per annum compensation for services
tion in a Federal grant to a State pro- under appointments as nurses' aides out-
hibiting the employment of Federal side of their regular hours of work
personnel as instructors for such pur- would constitute payment of "salary" in
poses in State institutions, the Federal contravention of the prohibition in the
dual-compensation statutes are not ap-dual-compensation statute of May 10,
plicable to prohibit the employment. of 1916, as amended (see page 426).
Federal employees as instructors by a The furnishing of subsistence and
State institution in connection with the lodging in kind, when necessary for the
vocational education of defense work, benefit of the Government, to full-time
ers under the act of June 27, 1940 Federal employees while they are serv-
(54 Stat. 632), even though the combined ing as nurses' aides in Government hos-
salaries of the employee exceed $2,000 pitals outside of their regular hours of
per annum. (See 20 Comp. Gen. 179, work does not constitute "salary" within
September 28, 1940). This decision is the meaning of the prohibition in the
not applicable to employment of Federal act of May 10, 1916, as amended ; nor is
employees by the District of Columbia it to be regarded as payment of salary
as instructors in connection with such or allowances within the meaning of the
vocational education. However, there is Other dual-compensation statutes (sec-
no legal objection to such employment tions 1764 and 1765, Revised Statutes,
of Federal employees by the District of and the act of July 31, 1894, as
Columbia on a fee basis if such fees are amended).
fixed by regulation and are not computed Part-time or intermittent employment
& per diem or other time basis of a regular full-time Federal employee
(22 Comp. Gen. 362, October 16, 1942). as a nurses. aide in a Government hos-
(See also 22 Comp. Gen. 312, October 3, pital does not constitute the "holding of
1942).
an office to which compensation is at-
*United Nations Relief and Rehabilitached" within the meaning of the act
tation Administration.-Employment of July 31, 1894, as amended (see page
with the United Nations Relief and Re- 1 426).
on
!
(November 23, 1944)
CONDUCT OF OFFICERS AND EMPLOYEES
436.01
as
A nurses' aide employed in a Govern- agency of the United States: *Provided
ment hospital on a part-time or inter- further, That any person so appointed,
mittent basis is not an "officer or clerk”, assigned, or detailed to a position the
and, therefore, where regularly em- compensation in respect of which is at
ployed Federal personnel are engaged, a rate in excess of $5,000 per annum
outside their regular hours, on a part- shall be appointed, assigned, or detailed
time or
intermittent basis such by and with the advice and consent of
nurses' aides, the "additional services" the Senate
prohibition in section 1764, Revised
Statutes, with respect to officers and RECEIPT OF COMPENSATION FROM BOTA
THE CIVIL AND THE MILITARY BRANCHES
clerks has no application (23 Comp. Gen.
900, May 27, 1944).*
Civilian employment of officers and
Persons assigned or detailed under enlisted men on the active list of the
the Selective Training and Service Act Army, Navy, and Coast Guard.—Section
of 1940.-Section 10 (a) (3) of the Se- 1222 of the Revised Statutes does not
lective Training and Service Act of prohibit appointment of an Army of-
1940 (54 Stat. 893, September 16, 1940), Acer on the active list to a civil office,
us amended by the act of December 5, but acceptance of such office vacates
1943 (Public Law 197), provides as his commission in the Army (39 Op.
follows:
any officer on
Atty. Gen. 197, October 26, 1938).
the active or retired list of the Army,
In the absence of express statutory
Navy, Marine Corps, or Coast Guard, provisions permitting it, employment in
or of any reserve component thereof or
the Federal executive civil service is
any officer or employee of any depart-incompatible with service on the active
ment or agency of the United States who list of the Army. In the absence of
may be assigned or detailed to any such a statute, a civilian employee who
office or position to carry out the provi- \ enlists in the military service must be
sions of this act (except to offices or po- considered to have disqualified himself
sitions on local boards or appeal boards, from civil service and to have vacated
ttestablished or created pursuant to
his civil post at the time of enlistment
section 10 (a) (2)) may serve in and
(decision, Comptroller General, July 7.
perform the functions of such office or 1930 ; 18 Comp. Gen. 216, September 1,
position without loss of or prejudice to 1938; 20 Comp. Gen. 257, November 13,
his status as such officer in the Army, 1940).
Navy, Marine Corps, or Coast Guard
As to special statutory authority
or reserve component thereof, or as such which now permits an employee to be
officer or employee in any department or carried in an annual-leave or leave-
66*
(November 23, 1944)
437 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
without-pay status in his civilian posi- | extent of any annual leave to an em-
tion during active service in the armed ployee's credit, the statute was not in-
forces, see notes on page 508. An em-tended to, and does not authorize, a
ployee still cannot be paid compensa- civilian employee to work on active
tion for active duty in a civilian duty in a civilian position and also on
position during a period of active serv- active duty for full-time training or
ice in, or leave (including terminal full-time active duty as a member of
leave) * or furlough with pay from, the the Naval Reserve. In the absence of
military service. He may, however, express statutory authority, active
be employed in a civilian position and service in the military and civilian
receive the compensation thereof during branches of the Government during the
a period of inactive status without pay same period of time are entirely in-
as a member of the reserve (20 Comp. consistent and not authorized. (See 20
Gen. 257, November 13, 1940; 20 Comp. Comp. Gen. 282, November 26, 1940.)
Gen. 282, November 26, 1940; 22 Comp. Civilian employment of Army Re-
Gen. 127, August 7, 1942; 22 Comp. serve Corps officers.--In the absence of
Gen. 149, August 18, 1942; *depart- specific authorization of law, payment
mental circular No. 505, October 24, of compensation for employment in a
1944).*
civilian capacity of an officer of the
The authority 'contained in section Army Reserve Corps on extended active
8 of the Selective Training and Service duty while on leave of absence from his
Act of 1940, and in similar provisions Army duties is specifically prohibited
of other statutes, for retaining em-by section 6 of the act of May 10, 1916,
ployees on the rolls of Federal agencies as amended August 29, 1916, 39 Stat.
during military or naval service is not 582, limiting authorization for receipt
applicable to the entry of individuals of "more than one salary when the
into Federal employment. Thus, the combined amount of said salaries ex-
induction of an individual into the ceeds the sum of $2,000 per annum"
military service after the Commission (18 Comp. Gen. 526, December 8, 1938).
has authorized his reinstatement, but * * * * *
before he enters on duty under such Civilian employment of retired officers
authority, terminates the authority to of the armed forces.—Retired officers of
confer the status of a civilian employee the Army and Navy hold offices with
upon him, and the reinstatement certifi- compensation attached within the
cate should be canceled (Commission's meaning of the act of July 31, 1894
minute 2 of July 8, 1943).
(28 Stat. 205), and are accordingly pro-
An enlisted man of the Coast Guard hibited by that act from holding any
may retain compensation received as a
other office under the Government to
civilian employee of the Government which compensation is attached,
for services rendered while he was in cept an elective one or one to which
desertion, but not for such period as appointment is made by and with the
he was actually in a pay status in the advice and consent of the Senate, if
Coast Guard after his apprehension either the retired pay or the salary
even though his Coast Guard pay for
attached to the office or position
said period was forfeited under a Coast
Guard court sentence (19 Comp. Gen. amounts to $2,500 per annum (1 Comp.
901, April 26, 1940).
Gen. 700, May 25, 1922; 10 Comp. Gen.
Civilian employment of Naval Re. 85, August 23, 1930). In view of the
serve officers. While section 4 of the amendment of May 31, 1924, this pro-
Naval Reserve Act of June 25, 1938 hibition is no longer applicable to of-
(see p. 427), has been held to allow ficers retired for injuries received in
payment of compensation of a civilian battle or for injuries or incapacity in-
position during inactive duty to the curred in line of duty.
ex-
(November 23, 1944)
!
CONDUCT OF OFFICERS AND EMPLOYEES
438
a
The appointment of a retired Army | withdraw it from the provisions of sec-
officer not falling within one of the ex- tion 212 of the act of June 30, 1932, if
ceptions in the act of July 31, 1894, as the combined rate of pay exceeds $3,000
amended, to a regular full time Govern- per annum (19 Comp. Gen. 391, Sept. 25,
ment civilian position at a salary ex- 1939).
ceeding $2,500 per annum is void að *A retired Coast Guard officer em-
initio, and payment of the salary of such ployed as "seaman" (within the
position from the date of appointment meaning of the act of March 24, 1943,
is illegal, irrespective of whether he re- Public Law 17, 78th Cong.), on a vessel
funds his retired pay (21 Comp. Gen. owned or operated by the War Shipping
1129, June 25, 1942).
Aciministration is not to be regarded as
While a retired Army officer who re- within the limitation of section 212 of
ceives retired pay of less than $2,500 the act of June 30, 1932 (decision,
per annum is not prohibited by the act | Comptroller General, November 3,
of July 31, 1894, as amended, from re 1944).*
ceiving less than $2,500 per annum in As to appointment of retired Army
a Government civilian position, under officers under a provision authorizing
section 212 of the act of June 30, 1932, employment "without other compensa-
the combined rate of civilian compensation from the United States," see notes
tion and retired pay may not exceed on page 432.
$3,000 per annum *unless the officer was The restriction against the reappoint-
retired for one of the reasons (dis- ment of persons retired for age con-
ability incurred in combat with an tained in section 204 of the act of
enemy or disability resulting from an June 30, 1932 (see page 129), relating
explosion of an instrumentality of war) to persons rendering civilian service for
excepting him from operation of the lim- the Government prior to retirement,
itation. If the combined rate exceeds and the similar restriction in section
such limitation, and the officer is not 2 of the act of January 24, 1942 (see
within one of these excepted classes, * page 129), relating to persons receiving
it is required that the civilian (ompen-annuities under section 1 of the Civil
sation be paid in full and that the de- Service Retirement Act, as amended,
ductions necessary to bring the com- are not applicable to retired officers of
bined rate within the limitation be made the Army (23 Comp. Gen. 272, October
from the retired pay (21 Comp. Gen. 14, 1943).
1129 June 25, 1942). This maximum Retired warrant officers.--A warrant
combined rate of $3,000 per annum in- officer of the Army retired for disabil-
cludes only the basic compensation of ity incurred in line of duty, who has
the civilian office or position, plus re- had no service as a commissioned of-
tired pay, and does not include overtime ficer, may be appointed to a civilian
compensation under the War Overtime position in the Federal service without
Pay Act of 1943 (section 12 of the War regard to the dual compensation act
Overtime Pay Act of. 1943, 57 Stat. 75, (16 Comp. Gen. 232, September 12,
May 7, 1943). *It does, however, in- 1936).
clude the training allowance, in the form Where the appointment and promo-
of increased retired pay, paid pursuant tion of a retired Army warrant officer
to the act of March 24, 1913 (Public Law to a civilian position in contravention
16, 78th Cong.), to a disabled retired of the dual-compensation act of July
officer receiving vocational training with 31, 1894, as amended, was never con-
pay in a Federal agency (decision, summated by the payment of salary at
Comptroller General, October 20, 1941.)* the rate for the new position, but the
The fact that the civilian appointment enployee was continued at the rate
is only for a temporary period does not for his old position, the promotion may
(November 23, 1944)
439 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
be canceled and he may then be paid nurse of the Navy retired for disability
his retired pay for the period he held is within the inhibition of section 6 of
the new position, in addition to the the act of May 10, 1916, as amended (see
civilian compensation already received page 426), being neither a retired of-
(21 Comp. Gen. 38, July 16, 1941). ficer nor a retired enlisted man within
A retired Army enlisted man whose the express exception to that statute.
retired pay is so reduced as to exclude The same principle would appear to ap-
the benefit he acquired under the act ply to members of the Army Nurse
of June 6, 1924. to be retired as a Corps. However, under legislation en-
warrant officer on account of having acted since this decision was rendered,
served as a commissioned officer during members of the Navy Nurse Corps may
the World War, may be employed as be appointed officers of the Navy (Pub-
a military instructor in the District | lic Law 238, 78th Cong., February 26,
of Colunibia public schools even though 1944), and members of the Ariny Nurse
the salary rate of the civilian position Corps may be appointed officers of the
and his reduced retired pay exceeds the Army (Public Law 350, 78th Cong., June
$3,000 per sinnum limitation of section 22, 1944). As a result of Executive Or-
212 of the act of June 30, 1932 (21 der 9454, July 10, 1944 (9 F. R. 7803),
Comp. Gen. 72, July 24, 1941).
Army nurses holding relative rank of
Retired Army enlisted men.-Retired commissioned officers on July 10, 1944,
Army enlisted men are not subject to became commissioned officers as of that
the dual-compensation limitations of date, unless they declined commission
the acts of July 31, 1894, May 10, 1916, (letter to Commission from Office of the
and June 30, 1932, except that under Surgeon General, War Department,
the latter act an Army enlisted' man August 31, 1944). The same order pro-
retired on account of service as a com- vided for the commissioning of female
missioned officer during the World War dietetic and physical-therapy personnel
who accepts a civilian position must of the Medical Department of the Army
have his retired pay reduced to a rate (exclusive of students and apprentices),
not in excess of the rate he would have appointed under the provisions of the
received if he had retired on enlisted act of December 22, 1942 (56 Stat. 1072),
service, only, if the combined rate of on active duty in the Medical Depart-
the salary of the civilian position and ment of the Army on June 22, 1944.
the retired pay computed on account Duty at United States Soldiers'
of commissioned service would exceed Home.--The act of June 28, 1944 (Pub-
$3,000 per annum (21 Comp. Gen. 72, lic Law 374, 78th Cong.), provides that
July 24, 1941).
section 212 of the act of June 30, 1932,
*Retired Army and Navy nurses.- shall not apply to retired military per-
The Comptroller General held in a de- sonnel on duty at the United States Sol-
cision of July 24, 1935, that a retired | diers' Home.*
NON-FEDERAL EMPLOYMENT OR FINANCIAL INTERESTS
OF PRESENT OR FORMER FEDERAL EMPLOYEES
*No officer or agent of any corporation, joint-stock company, or
association, and no member or agent of any firm, or person directly
or indirectly interested in the pecuniary profits or contracts of such
corporation, joint-stock company, association, or firm, shall be em-
ployed or shall act as an officer or agent of the United States for the
transaction of business with such corporation, joint-stock company,
A
(November 23, 1944)
CONDUCT OF OFFICERS AND EMPLOYEES
439.01
association, or firm. Whoever shall violate the provision of this
section shall be fined not more than $2,000 and imprisoned not more
than two years (section 41 of the Criminal Code; 18 U. S. C. 93).22
Provided, That on and after July 1, 1919, no Government official
or employee shall receive any salary in connection with his services
as such an official or employee from any source other than the
Government of the United States, except as may be contributed out
of the treasury of any State, county, or municipality, and no person,
association, or corporation shall make any contribution to, or in any
way supplement the salary of, any Government official or employee
for the services performed by him for the Government of the United
States. Any person violating any of the terms of this proviso shall
be deemed guilty of a misdemeanor, and upon conviction thereof
shall be punished by a fine of not less than $1,000 or imprisonment
for not less than 6 months, or by both such fine and imprisonment
as the court may determine (39 Stat. 1106, March 3, 1917; 5 U. S. C.
1940 ed. 66).
Whoever, being elected or appointed a Senator, Member of or
Delegate to Congress, or a Resident Commissioner, shall, after his
election or appointment and either before or after he has qualified,
and during his continuance in office, or being the head of a depart-
ment, or other officer or clerk in the employ of the United States,
shall, directly or indirectly, receive, or agree to receive, any compen-
sation whatever for any services rendered or to be rendered to any
person, either by himself or another, in relation to any proceeding,
contract, claim, controversy, charge, accusation, arrest, or other mat-
ter or thing in which the United States is a party or directly or
indirectly interested, before any department, court martial, bureau,
officer, or any civil, military, or naval commission whatever, shall be
fined not more than $10,000 and imprisoned not more than 2 years;
* A number of decisions of the Attorney General and the Judge Advocate General of
the Army with respect to this statute are summarized in section 801.111 of the War Depart-
ment Procurement Regulations (9 F. R. 8363, 8369, July 22, 1944).*
(November 23, 1944)
440 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
and shall moreover thereafter be incapable of holding any office of
honor, trust, or profit under the Government of the United States.29
Retired officers of the Army, Navy, Marine Corps, and Coast
Guard of the United States, while not on active duty, shall not by
reason of their status as such be subject to the provisions of this
section: Provided, That nothing herein shall be construed to allow
any retired officer to represent any person in the sale of anything to
the Government through the department in whose service he holds
a retired status section 113 of the Criminal Code, as amended by the
act of October 8, 1940, 54 Stat. 1021; 18 U. S. C. 1940 ed. 203).
Whoever, being an officer of the United States, or a person holding
any place of trust or profit, or discharging any official function under,
or in connection with, any executive department of the Government
of the United States, or under the Senate or House of Representa-
tives of the United States, shall act as an agent or attorney for
prosecuting any claim against the United States, or in any manner,
or by any means, otherwise than in discharge of his proper official
duties, shall aid or assist in the prosecution or support of any such
claim, or receive any gratuity, or any share of or interest in any
claim from any claimant against the United States, with intent to
aid or assist, or in consideration of having aided or assisted, in the
prosecution of such claim, shall be fined not more than $5,000, or
imprisoned not more than 1 year, or both. Members of the National
Guard of the District of Columbia who receive compensation for
their services as such shall not be held or construed to be officers of
the United States, or persons holding any place of trust or profit,
or discharging any official function under or in connection with any
executive department of the Government of the United States within
* The disqualification is not a part of the punislıment but an Incidental consequence, and
becomes effective upon the judgment of conviction notwithstanding appeal. (See 88 Op.
Atty. Gen, 408, May 21, 1930.)
(November 23, 1944)
CONDUCT OF OFFICERS AND EMPLOYEES
441
the provision of this section (18 U. S. C. 1940 ed. 198; section 109 of
the Criminal Code).
It shall not be lawful for any person appointed as an officer, clerk,
or employee in any of the departments, to act as counsel, attorney,
or agent for prosecuting any claim against the United States which
was pending in either of said departments while he was such officer,
clerk, or employee, nor in any manner, nor by any means, to aid in
the prosecution of any such claim, within 2 years next after he shall
have ceased to be such officer, clerk, or employee (5 U.S. C. 1940 ed. 99;
section 190 of the Revised Statutes).
*It shall be unlawful for any person employed in any Government
ngency, including commissioned officers assigned to duty in such
agency, during the period such person is engnged in such employment
or service, to prosecute, or to act ils counsel, attorney, or agent for
for prosecuting, any claim against the United States, or for any such
person within two years after the time when such employment or
service has ceased, to prosecute, or to act as counsel, attorney, or agent
for prosecuting, any claim against the United States involving any
subject matter directly connected with which such person was so
employed or performed duty. Any person violating any provision
of this subsection shall be fined not more than $10,000 or imprisoned
for not more than one year, or both (section 19, subsection (e), of the
act of July 1, 1944, Public Law 395, 78th Cong.).
No person employed by any Government agency, including com-
missioned officers assigned to duty in such agency, shall, during the
period such person is engaged in such employment or service, or for
a period of two years after the time when such employment or service
has ceased, act as counsel, attorney, or agent, or be employed as rep-
resentative, in connection with any matter involving the disposition
of surplus property by the agency in which such person was employed,
if such person during his employment with such agency ratified, ap-
proved, or authorized the disposition of any surplus property pur-
suant to the provisions of this act or recommended any such approval,
authorization, or ratification as part of his official duties. Any person
violating the provisions of this section shall be fined not more than
$10,000, or imprisoned for not more than one year, or both (section
27 of the Surplus Property Act of 1944, Public Law 457, 78th Cong.,
October 3, 1944).
*
(November 23, 1944)
441.01
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
*
Any contracting agency may authorize or direct its officers and
employees, as a part of their official duties, to advise, aid, and assist
war contractors in preparing and presenting termination claims, in
obtaining interim financing, and in related matters, to such extent as
it deems desirable. Such advice, aid, or assistance shall not con-
stitute a violation of section 109 of the Criminal Code (18 U.S. C. 198)
or of any other law, provided the officer or employee does not receive
therefor benefit or compensation of any kind, directly or indirectly,
from
any war contractor (section 20 (f) of the Contract Settlement Act
of 1944, Public Law 395, 78th Cong., July 1, 1944).*
NOTES ON RECEIPT OF PAY FROM PRIVATE SOURCES
*Exceptions from the statutes quoted | ury Department, the Maritime Commis-
above.--Nothing in sections 109 and 113 sion, the War Shipping Administration,
of the Criminal Code (U. S. C., title 18, Defense Plant Corporation, Metals Re-
secs. 198 and 203) or in section 190 of serve Company, Defense Supplies Cor-
the Revised Statutes (U. S. C., title 5, poration, and Rubber Reserve Com-
sec. 99) shall be deemed to prevent any pany.)
person by reason of service in a Depart- Nothing contained in sections 109 and
ment or the Board during the period (or 113 of the Criminal Code (U. S. C.,
a part thereof) beginning May 27, 1940, title 18, secs. 198 and 203) shall be
and ending six months after the termi- deemed to apply to any person because
nation of hostilities in the present war, of any appointment under the authority
us proclaimed by the President, from of the Emergency Price Control Act of
acting as counsel, agent, or attorney for 1942. (56 Stat. 23, January 30, 1942) or
prosecuting any claim against the United under authority of title III of the Sec-
States : Provided, That such person shall ond War Powers Act, 1942 (56 Stat. 177,
not prosecute any claim against the March 27, 1942), as a member of a War
United States (1) involving any subject Price and Rationing Board or to any
matter directly connected with which other position in a regional, district, or
such person was so employed, or (2) | local office of the Office of Price Admin-
during the period such person is en-istration, if such person is serving or
gaged in employment in a Department has served in such capacity without
(section 403 (j) of the Sixth Supple compensation: Provided, however, That
mental National Defense Appropriation the provisions of this act shall not apply
Act, 56 Stat. 245, April 28, 1942, as to any representation before the Office
amended by section 801 of the act of of Price Administration while such per-
October 21, 1942, 56 Stat. 985, by the act son is an officer or employee of the Office
of July 1, 1943, Public Law 108, 78th of Price Administration (act of April 4,
Cong., and by section 701 of the act of 1944, Public Law 287, 78th Cong.).
February 25, 1944, Public Law 235, 78th Nothing contained in sections 109 and
Cong. ; 50 U. S. C. 1940 ed., supp. III, 113 of the Criminal Code (U. S. C., title
12003). (The term "Board" as used in 18, secs. 198 and 203) shall be deemed
this section refers to the War Contracts to apply to any person heretofore or
Price Adjustment Board; section 403 bereafter appointed to the National War
(a), as amended, defines the term "De- Labor Board or any of its agencies un-
partment" as meaning the War Depart- der the authority of the War Labor Dis-
ment, the Navy Department, the Treas- putes Act, any Executive order or regu-
1
(November 23, 1944)
CONDUCT OF OFFICERS AND EMPLOYEES
441.02
lation issued under the provisions of the tive Order No. 5221 of November 11,
act of October 2, 1942 (56 Stat. 765), or 1929, provides as follows:
Executive Order Numbered 9017, dated “No officer or employee in the execu-
January 12, 1942, as amended from time tive branch of the United States Gov-
to time, because of intermittent service ernment, regardless of whether he is
as a member of the National War Labor on annual leave or leave without pay,
Board or of a regional board, industry shall be employed with or without re-
commission, tripartite panel or similar muneration by any foreign government,
agency of the National War Labor corporation, partnership, or individual
Board, or as a hearing officer or arbi- that is in competition with American
trator of such Board, if such person is industry.”
serving or has served in such capacity Employment by American corporation
without compensation, or with compen- during period of annual leave.--See
sation on a per diem when actually em-notes on page 491.
ployed basis for not in excess of ninety Engaging in private business while in
days a yea'r : Provided, however, That active duty status. So far as the law
the provisions of this act shall not ap- is concerned, there is no prohibition
ply to any representation before the Na- against the conduct of private business
tional War Labor Board or any of its activities for compensation by an of-
said agencies while such person is an ficer of the United States, except with
officer or employee of the National War reference (1) to certain public offices
Labor Board or for a period of one year enumerated by statute, (2) to certain
after the cessation of the service of such private business activities enumerated
person: And provided further, That the by statute, and (3) apart from statute,
immunity herein created shall not apply to all other cases of a clear conflict of
as to any matter on which such person interest between the particular public
shall have been employed (act of Oc-office and the particular private busi-
tober 2, 1944, Public Law 456, 78th ness activity.
Cong.).
(1) Public offices enumerated by
Under the acts of March 4, 1944 (Pub- statute.Certain officers are restricted
lic Law 249, 78th Cong.), and of May in their business activities by specific
5, 1944, Public Law 298, 78th Cong.), statutes. The Secretary of the Treas-
counsel to certain committees and sub-ury, the Treasurer, and the Register of
committees of the Senate and the House the Treasury are prohibited from being
are exempted, so far as such service is directly or indirectly concerned or in-
concerned, from the provision of sections
terested in carrying on the business of
109 and 113 of the Criminal Code and
from any other provision of Federal law trade or commerce” (title 5, U. S. C.,
imposing restrictions, requirements, or
sec. 243; title 31, U. S. C., sec. 163).
penalties in relation to the employment Other statutes provide that officers
of persons, the performance of services, named therein shall not engage in "any
or the payment or receipt of compensa- other business, vocation, or employ-
tion in connection with any claim, pro- ment,” or, in similar terms, restrict the
ceeding, or matter involving the United business activities of designated officials.
States. *
These laws have no general application;
Receipt of pay from foreign govern- they refer only to the particular officers
ment, business, or individual.-Execu- named therein.
(November 23, 1944)
442 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
(2) Private business activities enu- | 203, quoted from above, which is ap-
merated by statute.- Three types of plicable to “any proceeding, contract,
general prohibitory statutes apply to claim, controversy, charge, accusation,
large classes of Government officers. arrest, or other matter or thing in
One group has reference to Governinent which the United States is a party or
contracts. Title 18, U. S. C., section directly or indirectly interested,” be-
202, prohibits any officer or agent of fore any executive agency of the
the United States from receiving any Government.
consideration for procuring any con- A third type of general prohibitory
tract with the United States, while title statute is title 5, U. S. C., section 66,
18, U. S. C., section 93 (see page quoted on page 439.01. . This statute
439.01), prohibits anyone who is an offi- clearly covers a salary received from
cer or agent of any private Government a private person or source if it is paid
contractor from acting on behalf of the or received as compensation or part
United States in transacting business compensation for the services rendered
with such contractor. Title 18, U. S. C., to the Government. It has also been
section 203 (see page 410), goes even held to apply if the officer or employee
further, and prohibits any officer of the renders the same or similar services to
United States from receiving any com- both the Government and a private per-
pensation for any services rendered by son (33 Op. Atty. Gen. 273, August 10,
himself or another “in relation to 1922). It does not, however, prohibit
iny
contract
in payment for services rendered exclu-
which the United States is a party or sively to private persons or organiza-
directly or indirectly interested, before tions and which have no connection with
any repartment, court-martial, bureau, the services rendered to the Government,
officer, or any civil, military, or naval This distinction has been pointed out in
commission whatever."
38 Op. Atty. Gen. 294, September 28, 1935,
A second type of general prohibitory and 39 Op. Atty. Gen. 501, October 4,
statute deals with the prosecution of 1940.
claims in which the United States has
(3) Other cases of conflicts of in-
an interest. Title 18, U. S. C., section terest.-Apart from statute, there are
198 (see page 441), prohibits any officer certain principles of fair dealing which
of any executive department from act- have the force of law and which are
ing as agent or attorney in the prose-applicable to all officers of the Gov-
cution of any claim against the United
ernment. A public office is a public
States, while title 5, U. S. C., section 99
trust. No public officer can lawfully
(see page 441), continues this prohibi- engage in business activities which are
tion for 2 years after the oflicer has incompatible with the duties of his
relinquished his public position. It
office. He cannot in his private or of-
has been ruled that neither of these
sections is applicable to officers in in- ficial character enter into engagements
in which he has, or can have, a con-
dependent Government agencies outside
the 10 executive departments (25 Op. flicting personal interest. He cannot
Atty. Gen. 6, 10, July 11, 1903) or to allow his public duties to be neglected
Army (or Navy) officers who do not hold by reason of attention to his private
positions in the War (or Navy) De-affairs. See United States v. Carter,
partments (31 Op. Atty. Gen. 471, June 217 U. S. 286, 306. Such conflicts of
18, 1919). However, all officers of the interest are not tolerated in the case
United States, except retired Army, of any private fiduciary, and they are
Navy, Marine, and Coast Guard officers, doubly proscribed for a public trustee.
are subject to the further broad pro- Departmental regulations.—In con-
hibition of title 18, U. S.C., section | trolling the private business activities
JAN IO45
J K
633
A 2 2
CIVIL SERVICE ACT AND RULES
TRANSMITTAL SHEET NO. 23
November 30, 1944
These sheets should be cut or torn apart along the perforations.
They should then be substituted as shown on the back of this page
for pages of the loose-leaf edition of the "Civil Service Act and Rules.'
The steps in making the insertions are explained on page XX of the
introductory chapter, "How to Use This Book." The date of this trans-
mittal sheet and the date of filing should then be noted on the "Filing
Record" at the front of the book, and this page should be filed immedi-
ately behind Transmittal Sheet No. 22.
When this filing is completed, pages 1 to 220, 291 to 365, 377 to 406,
413 to 424, and 435 to 525 will be up to date as of November 30, 1944.
It must be understood, in this connection, that material issued by agen-
cies other than the Commission may reach this office too late to be
included in the installment which bears the appropriate edition date.
In such cases it is included as soon as practicable.
Remarks
3
Additions have been made on pages 141, 319, 413, 414, 414.01, 415,
415.01, 418, 422, 422.01, 422.02, 454, 457, 457.01, and 458.
A deletion has been made on page 457.02.
Changes have been made on pages 142.01, 416, 417 and 457.02.
Deletions and changes on pages 457.01 and 457.02 have been
made because, at the time this installment goes to press, the length
of the period within which a veteran is required to apply for man-
datory restoration is not definitely settled. Congress has passed a
bill extending the period, but the President has not yet signed it.
The changes will make unnecessary the immediate revision of these
pages in the event that the bill becomes law.
It is believed that the nature of all other changes will be obvious
upon comparison of the old with the new pages.
While the regulations in cases involving violation of section 1 of
civil-service rule I, which appear on pages 415 to 417, were revised
in their entirety by departmental circular No. 361, revision 3, only those
passages which differ in wording from the previous regulations have
been indicated by stars.
No page appearing in a particular installment has been changed in
that installment (except by transfer of material from contiguous pages)
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INITED STATES OF AMERICA
DEPOSITED BY THE
JAN 10.45
NOTES ON REENTRY INTO THE FEDERAL SERVICE
141
ORIGINAL POSITION
sence.
DETERMINATIONS RELATING TO EMPLOYEE'S | leave enters the armed forces, he is not
entitled to any reemployment rights that
Reemployment of persons who fail to would have been in order under other
meet conditions for entitlement to man- circumstances, provided that the facts
datory reemployment.-See page 145.01. in the case indicate that his resigna-
Effect of separation from original tion was not submitted because of his
position. There is no distinction be- impending entry into the armed forces
tween the reemployment rights of a (Commission's minute 1 of October 25,
former Federal employee who was ter- | 1944).*
minated upon entering the
armed
Employees who were serving proba-
forces and one who was placed in a tional or trial periods when they entered
leave-without-pay or furlough status. the armed forces. The fact that an
(See notes on placement of employees employee who otherwise would have re-
on leave without pay, page 197.) Fur- employment rights under the Selective
thermore, an employee who was termi- Training and Service Act or war-service
nated is entitled, upon restoration un- regulation XIII was serving a proba-
der the Selective Training and Service tionary or trial period at the time he
Act, to all of the benefits provided for left his position to enter the armed
employees on furlough or leave of ab- forces does not have any effect on his
While it is not required that reemployment rights. Such an employee
an employee be placed on furlough when must be restored and must be given an
he enters military service, the depart. opportunity to complete his probation-
ment must regard him as "having been" ary or trial period after restoration. If
on furlough upon restoration to his ci- such an employee is restored under the
Filian position in accordance with the provisions of the Selective Training and
provisions of section 8 of the Selective Service Act or the act of August 27,
Training and Service Act, as amended, 1940, as amended, and satisfactorily
and section 3 (b) of the act of August completes his probationary or trial pe-
27, 1940, as amended (20 Comp. Gen. 776, riod, he cannot be removed within the
May 14, 1941; departmental circular No. year following his restoration, except
483, supplement 6, October 7, 1944). for cause. However, his right to re-
An employee who resigned and en- tention for one year is conditioned upon
tered the armed forces does not neces- satisfactory completion of his proba-
sarily lose his reemployment rights be- tionary or trial period (departmental
cause of a break of one or more days circular No. 483, supplement 6, October
between his civilian service and his mil- 7, 1944). *The Commission's decision
itary service. If he meets the provi- as to possession of mandatory reem-
sions of war-service regulation XIII or ployment rights by probationers has
section 8 of the Selective Training and been followed by the Comptroller Gen-
Service Act, as amended, he has reem-
eral in a decision of October 9, 1944.*
ployment rights if he left to enter the
Restoration of indefinite and tempo-
arined forces. Whether he did so is a
fact to be determined on the basis of rary employees.-Section 8 (b) of the
Selective Training and Service Act of
the individual circumstances. The re-
turning veteran should be given the ben-1940 (see page 138) excepts persons who
efit of any doubt in this respect (depart- leave "a temporary position" for service
mental circular No. 483, supplement 6, thereunder from the mandatory-reem-
October 7, 1944).
ployment rights granted thereby. The
*When a Federal employee is on ter- Attorney General has held in an opinion
minal leave from his position because of December 30, 1941, that the meaning
he has resigned and his resignation has of the term "temporary position" as
been accepted, and while on. terminal l used in the act is not controlled by clas-
(November 30, 1944)
141.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
sifications or terminologies peculiar to not required to be restored to their for-
the Federal civil service system; that mer positions under that section of the
positions held by indefinite appointments act upon being discharged from the
under the civil-service rules are not military service (opinion, Attorney Gen-
“temporary positions"; and that posi- eral, May 26, 1943). However, under
tions which are "temporary for the war-service regulation XIII (see page
duration of the emergency" are "tem-41), if a war-service appointee is dis-
porary positions" within the meaning of charged from active military or naval
the act.
service prior to termination of the
Restoration of war-service ap- war, he will be entitled to substantially
pointees.-Persons who receive original the same reemployment benefits as are
appointments under the war-service regu- provided for permanent employees
lations are “temporary" within the mean- under the Selective Training and Sery-
ing of section 8 of the Selective Training ice Act, but will not be required to be
and Service Act of 1940 and are therefore I retained in employment beyond the
(November 30, 1944)
NOTES ON REENTRY INTO THE FEDERAL SERVICE
142
on
limitation placed upon his original service regulation XIII, is that he "is
appointment. War-service appointees still qualified to perform the duties of
whose appointments are limited to one his position.” Determination as to the
year or less are not entitled to the nature of the evidence to be required
reemployment benefits either of the to establish such physical ability is left
Selective Training and Service Act and by the language of the statutes and the
similar statutes or of war-service regu- war-service regulation to the appointing
lation XIII (departmental circular No. officer. He may base his decision on
438, October 22, 1943).
Civil Service Commission Form 2413 or
Eligibles who lose opportunities for other medical certificate or any
appointment because of present or pros-other evidence which may be accept-
pective military service.--Eligibles who able to him.
are offered an appointment and decline * Reemployment in his former posi-
to accept it either because they are tion, or one of like seniority, status,
already in the armed forces or are and pay should noť be denied to any
about to enter the armed forces will not veteran on the basis of physical dis-
have a position reserved for them until ability unless it is clearly shown that:
they are released from military service. (a) His disability is such as to make
They will, however, upon meeting the performance of duty impossible or to
requirements of Executive Order No. reduce his job efficiency to a level below
8937 of November 7, 1941, be restored that normally expected of an acceptable
to the register and be entitled to certi- employee.
fication therefrom ahead of all other (0) His presence on the job would
eligibles on the register (departmental jeopardize the safety or health of him-
circular No. 438, October 22, 1943). self or others. *
Where a medical certificate is believed
to be desirable, * the expense of the
Form of application for restoration to medical examination may be paid by
civilian position.—The application re- the agency requiring it, without l'equir-
quired to be made after release from ing reimbursement by the employee. *
active military duty in order to obtain Departments or establishments having
the civilian reemployment benefits of a clinical medical personnel can have
section 3 (b) of the act of August 27, the examination made by such person-
1940, 54 Stat. 859, as amended, need nel. In Washington, D. C., departments
not be in any particular form; an in- or establishments which have no clinical
formal application made within the medical officers in Washington, D. C., are
period prescribed by the statute will authorized to represent, the Commission
suffice (21 Comp. Gen. 566, December in requesting physical examinations
13, 1941).
under the Executive order of September
Restoration of employees who are 4, 1924 (see page 101), from the United
physically unable to perform the duties States Public Health Service provided
of their former positions. One of the that no expense to the Commission is
conditions which an employee must incurred without prior specific approval
meet in order to become entitled to (departmental circular No. 451, Novem-
mandatory restoration under the Selec- ber 13, 1943; * 23 Comp. Gen. 746, April
tive Training and Service Act of 1940 | 4, 1944; departmental circular No. 483,
or similar legislation, or under war-| supplement 4, August 30, 1914).*
OTHER DETERMINATIONS
(October 5, 1944)
142.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
*In order to be entitled to the bene- sions of section 8 (b) of the Selective
fits of section 8 (b) of the Selective Training and Service Act, it is within
Training and Service Act of 1940, a administrative discretion to grant him
former employee must have met all three leave without pay over a period imme-
of the statutory requirements entitling diately following such restoration. This
him to restoration-receipt of a certific action, which would amount to restora-
cate of satisfactory service, being phys- tion to a leave-without-pay status,
ically and mentally qualified to per-would permit the employee to pursue
form the duties of the position, and ap treatment of a condition arising out of
plication within the period prescribed military service, without jeopardy to his
by statute (see pages 137 and 138)-rights under section 8 of the Selective
at the time prescribed for his restora- Training and Service Act, in cases where
tion to his civilian position. (Sec- it was administratively determined that
tion 2 of war-service regulation XIII such condition did not actually disqual-
requires restoration in such cases within ify him froin performing the duties of
thirty days of the employee's applica- his position at the time prescribed by
tion for reemployment.) The benefits statute and regulations for restoration
of section 8 (c) of the Selective Train (21 Comp. Gen. 566, December 13, 1941 ;
ing and Service Act, including the right decision, Comptroller General, Novem-
to be considered as having been on fur- ber 6, 1944).
lough or leave of absence during the While an employee is not entitled (18
period of training and service in the a matter of right to be restored to the
armed forces, are dependent upon res- foriner position or to one of like senior-
toration in accordance with the provi- ity, status, and pay in cases where it
sions of section 8 (b). Consequently, if has been administratively determined
it is administratively determined that that he is not qualified to perform the
an employee was disqualified, either duties of the civilian position which he
physically or mentally, for restoration left to enter upon active military duty,
within 30 days of his filing of applica- every endeavor should be made by the
tion, reemployment of any type, whether agency to place him in a position where
in an active duty or a leave-without-pay the duties are compatible with his dis-
status, does not meet the terms and ability. In any case where the appoint-
conditions of section 8 (b) of the Selec- ing officer finds that the former em-
tive Training and Service Act, and the ployee is not qualified for, or cannot be
employee is not entitled to the benefits placed in, any position in the agency,
of section 8 (c) thereof.
all evidence upon which the agency bases
Where it is administratively deter- a decision should be transmitted to the
mined that all three of the statutory Civil Service Commission (central office
conditions entitling an employee to res- in Washington, D. C., for departmental
toration have been met at the time pre- cases in Washington, D. C., and to the
scribed for his restoration to his civilian appropriate regional office for cases out-
position (including an administrative side of Washington) for consideration
determination that the employee is phys- in determining eligibility for other posi-
ically and mentally qualified to perform tions in the Federal service to which
the duties of the civilian position to the veteran may be certified (depart-
wbich he is restored), and he is actually mental circular No. 483, supplement 4,
restored in accordance with the provi-| August 30, 1944).*
!
(November 30, 194+)
NOTES ON REENTRY INTO THE FEDERAL SERVICE
142.02
or
Restoration of persons who do not pos- | 343), and he subsequently entered the
sess a classified status. The reemploy- military, naval, merchant-marine
ment benefits of the Selective Training service, action on such recommendation
and Service Act and similar statutes, may be carried through to completion
and of war-service regulation XIII, ap- even while he is in such service (de-
ply to any person without regard to partmental circular No. 291, supple-
whether the position which he held ment 15, July 11, 1944).
has been covered into the classified civil
Members-of-family requirement not
service during his absence for military, applicable to mandatory restoration
naval, or merchant-marine service (de-after military or naval service.—Section
partmental circular No. 438, October 22. 9 of the Civil Service Act will not be
1943).
construed to defeat the right of any per-
As to classification of the employee
son to mandatory reinstatement to the
upon restoration to his position, see
classified service under any applicable
section 6 of civil-service rule II (page
221), section 6 of Executive Order No. I law, Executive order, or civil-service
8743 (page 330), and the notes on page rule requiring reinstatement after dis-
535. Where a timely recommendation charge from the military or naval serv-
was submitted for the classification of ice (Commission's minute 6 of Decem-
an employee under the Ramspeck Act her 26, 1941). See also section 6 of the
or one of the Executive orders issued in Veterans' Preference Act of 1944, page
pursuance thereof (see pages 328 to 10.02.
(November 30, 1944)
143 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
Position to which Restoration shall been released from a Government po-
Be Made
sition for employment in an essential
Section 1 of war-service regulation activity conducted by a public or pri-
rate enterprise under such conditions
XIII provides in part as follows:
"Any civilian employee of the execu- fits, and who, while employed in the
as to entitle him to reemployment bene-
tive branch of the Government who has position to which transferred or re-
left or leaves his position (other than leased, enters active service with the
a temporary position) in order to per- l armed forces of the United States, shall
form active military or naval service be entitled to the same reemployment
for the United States, and (a) is hon- benefits with respect to the Govern-
orably *separated from active mili- ment position from which he was trans-
tary or naval service, and (b) is still ferred or released as those to which he
qualified to perform the duties of his po- would have been entitled had he en-
sition, and (c) makes application for tered active military or naval service
reemployment in such position within while employed in such Government
forty days after his *separation from position."
active military or naval service, shall *Under this section, an employee who
be entitled to the following reemploy- transſerred with reemployment rights,
ment benefits:
and who entered the armed forces from
“(1) He shall be reemployed in any the activity to which transferred, and
position to which, according to the rec- who meets the provisions of war-service
ords of the agency, Kand according to regulation XIII or section 8 of the Selec-
the promotion regulations then in ef- tive Training and Service Act, has re-
fect,* he would have been promoted if employment rights to the position from
he had not been absent to perform mili- which he transferred as well as the po-
tary or naval service;
sition to which he transferred. The
“(2) If such position does not exist, veteran has the option of applying for
he shall be restored to the position restoration to either of these positions.
which he held at the time of his entry Neither agency is relieved of the obli-
into the military or naval service; gation of employing the veteran on his
"(3) If neither of the positions re- request by the fact that he could have
ferred to in (1) or (2) exists, he shall applied for restoration to the other
be restored to a position comparable agency. He may be reemployed in
as to seniority, status, and pay with either agency without the approval of
the position which he held at the time the other agency. However, if he is
of his entry into the military or naval reemployed in the agency from which
service."
he transferred, that agency should no-
The same section provides further tify the agency to which he transferred
that *no permanent employee shall be in order that his name may be removed
removed, nor shall any permanent em- from the rolls of the latter agency
ployee be denied reemployment under (departmental circular No. 483, supple-
this regulation, in order that any eni- inent 6, October 7, 1944).*
ployee who was originally appointed for Section 5 (c) of regulation IX. quoted
the duration of the war, or for the dura- above, is based in part on a provision in
tion of the war and six months there- paragraph IV of War Manpower Com-
after, may be reemployed under this mission Directive X, September 14, 1942,
regulation.*
as amended by War Manpower Commis-
Section 5 (c) of war-service regula- sion Directive No. XVI, December 24,
tion IX provides as follows:
1942. For the text of this provision,
see
the Government service under such con- Time limit upon departmental action
ditions as to entitle him to reemploy- in restoring employee to position.-See
ment benefits, or an employee who has section 2 of war-service regulation XIII,
(October 5, 1944)
POSITIONS EXCEPTED BY EXECUTIVE ORDER FROM
THE REQUIREMENTS OF THE CIVIL SERVICE ACT 1
as
*Entire executive civil service.--Persons appointed under Executive Order No.
9503, November 27, 1944, which reads as follows:
“When a disabled veteran shall have completed a course of training prescribed
by the Administrator of Veterans Affairs in accordance with the provisions of
the act of March 24, 1943, Public Law 16, 78th Congress, in any department,
independent establishment, or agency of the executive branch of the Federal
Government, such veteran may be appointed to the position for which the
training was received without regard to the requirements of the Civil Service Rules
and the War Service Regulations: Provided, that the veteran is recommended
for such appointment by the employing agency, that the Civil Service Commission
determines that the course of training is adequate for the satisfactory per-
formance of the duties of the position, and that the veteran passes, prior to
appointment, such noncompetitive
such noncompetitive examination the Commission may
prescribe.” 11
Federal Power Commission.-All positions concerned with carrying out func-
tions prescribed by Executive Order No. 8568, October 16, 1940, which provides for
the development of navigation and hydroelectric power in the International
Rapids Section of the St. Lawrence River.
Interior Department.-Positions necessary to carry out the provisions of Execu-
tive Order No. 8944, November 19, 1941, is modified by Executive Order 9366 ·
of July 30, 1943, which authorizes and directs the Secretary of the Interior
to enter upon, and take possession of, manage, and operate a project formerly
maintained by the Grand River Dam Authority, Vinita, Okla.; positions necessary
to carry out the provisions of Executive Order 9353 of June 19, 1943, which
provides for the disposal of electric energy generated at the Norfork Project in
the White River Basin, Arkansas and Missouri; positions necessary to carry out
the provisions of Executive Order 9366 of July 30, 1943, which relates to the opera-
tion and disposition of electric energy at the Denison Dam Project, Denison,
Texas."
War Refugee Board.--All positions (Executive Order 9417, January 22,
1944).
1 See also Schedules A and B (pp. 292 to 318).
*1a Section 2 of the act of March 24, 1943, adds a new part VII to Veterans Regulation
Numbered 1 (a), as amended. The amended regulation provides in part as follows:
'Any person who served in the active military or naval service at any time after Decem-
ber 6, 1941, and prior to the termination of the present war, who is honorably discharged
therefrom, and who has a disability incurred in or aggravated by such service for which
pension is payable under laws administered by the Veterans' Administration, or would be
but for receipt of retirement pay, and is in need of vocational rehabilitation to overcome
the handicap of such disability, shall be entitled to such vocational rehabilitation as may be
prescribed by the Administrator of Veterana' Affairs to it him for employment consistent
with the degree of disablement: Provided, That no course of training in excess of a period
of four years shall be approved nor shall any training under this part be afforded beyond
six years after the termination of the present war."
The regulation also authorizes the Administrator to utilize the facilities of any other
governmental agency to provide suitable training to the persons specified in the paragraph
just quoted.
As to the applicability of the dual-compensation statutes to the pension received by the
veteran during the training period, see notes on pages 435 and 438.*
As a result of a transfer of functions from the Federal Works Agency to the Depart-
ment of the Interior by Executive Order 0373 of August 30, 1943, such of the positions
covered by the exceptions listed above as were originally in the Federal Works Agency
have now been transferred to the Department of the Interior. The Norfolk Dam and
Denison Dam projects are under the dirrction of the Southwestern Power Administration.
Funds for carrying out the functions vested in the Secretary of the Interior by Executive
Orders 9353, 9366, and 9373 have been appropriated by the act of June 28, 1944 (Public
Law 369, 78th Cong.).
319
(November 30, 1944)
POSITIONS EXCEPTED BY STATUTE FROM THE RE-
QUIREMENTS OF THE CIVIL SERVICE ACT 1
ENTIRE EXECUTIVE CIVIL SERVICE
Such positions paid from the Emergency Fund for the President provided by
the Independent Offices Appropriation Act, 1942 (55 Stat. 94, April 5, 1941), the
Third Supplemental National Defense Appropriation Act, 1942 (55 Stat. 818,
December 17, 1941), the First Supplemental National Defense Appropriation
Act, 1943 (56 Stat. 704, July 25, 1942), and the Second Supplemental National
Defense Appropriation Act, 1943 (56 Stat. 995, October 26, 1942), as the Presi-
dent may designate in the allocation of funds to any agency or in subsequent
action in connection therewith.8
Positions concerned with the purchase, transportation, or distribution of
agricultural, medical, and other supplies for the relief of refugees, and paid
from funds appropriated by section 40 of the act of June 26, 1940 (54 Stat. 627),
or from funds appropriated under the heading "Foreign War Relief" by the
act of December 17, 1941 (55 Stat. 810).'
Employment as common laborers only of nationals of the United States upon
any public work carried on for the national defense in the Territory of Hawaii
by the Government of the United States, whether the work is done by contract
or otherwise (55 Stat. 881, Jan. 2, 1942).5
Positions filled by the detail of employees of the Foreign Service, or the
appointment or assignment of Ambassadors or Ministers, in accordance with
the provisions of the two acts quoted below under the heading "Department of
State."
*Employment paid from funds appropriated under the heading "Temporary
aid to enemy aliens and other restricted persons” in the Federal Security
Agency Appropriation Act, 1945 (Public Law 373, 18th Cong., June 28, 1944), and
made available to the agency by the Federal Security Administrator.* *
1 For notes on the making of exceptions to the Civil Service Act, see p. 223.
3 The unobligated portion of the contract authorization and unobligated balance of the
funds contained in the Independent Onces Appropriation Act, 1942, were continued avail-
able until June 30, 1943, by the Independent Offices Appropriation Act, 1943 (56 Stat. 394,
June 27, 1942). The act of July 25, 1942, cited above, provided for the merging of the
funds appropriated hy it with the funds appropriated by the Third Supplemental National
Defense Appropriation Act, 1942. The availability of the entire appropriation was con-
tinued until June 30, 1945, by the acts of July 12, 1943 (57 Stat. 431), and of June 28,
1944 (Public Law 375, 78th Cong.). *The latter act provides that no part of such fund
shall be available after June 30, 1944, for allocation to finance a function or project for
which function or project a budget estimate of appropriation was transmitted pursuant
to law during the Seventy-eighth or the Seventy-ninth Congress and such appropriation
denied after consideration thereof by the Senate and House of Representatives or by the
Committees on Appropriations of both bodies. *
* By the act of July 2, 1942 (56 Stat. 593), the unexpended balances of these appropria-
tions were consolidated and made one fund effective as of December 17, 1941, and the con-
solidated fund was made available until June 30, 1943. It was continued available until
June 30, 1945, by the acts of July 12, 1943 (57 Stat. 431), and of June 28, 1944 (Public
Law 375, 78th Cong.).
This provision is effective for tbe duration of the national emergency declared by the
President on May 27, 1941, to exist.
** Excepted under terms of appropriation act. Appropriation available until June
30, 1945.7
320
(August 17, 1944)
o
!
CONDUCT OF OFFICERS AND EMPLOYEES
413
(1) The President and Vice Presi- | nominal compensation, provided that
dent of the United States (section 9 (a) they are not employed in any capacity
of the Hatch Act);
relating to the procurement or manu-
(2) Persons whose compensation is facture of war material (section 9 (a)
paid from the appropriation for the of- of the Hatch Act, as amended by sec-
fice of the President (section 9 (a) of tion 701 of the act of March 27, 1942,
the Hatch Act);
56 Stat. 181; 5 U. S. C. 1940 ed. 61h ;
(3) Heads and assistant heads of ex- | Commission's minute 4 of April 10,
ecutive departments (section 9 (a) of 1942). (This exception applies only to
the Hatch Act);
the second sentence of section 9 (a)
(4) Officers who are appointed by which prohibits the taking of an active
the President, by and with the advice part in political management or in po-
and consent of the Senate, and who litical campaigns; the officers and em-
determine policies to be pursued by the ployees in question remain subject to
United States in its relations with for the provisions of the first sentence of
eign powers or in the Nation-wide ad- the section, which prohibits officers or
ministration of Federal laws (section employees in the executive branch from
9 (a) of the Hatch Act);
using their official authority or influ-
(5) Officers and employees of any ence for the purpose of interfering with
educational or research institution, es- an election or affecting the result there-
tablishment, agency, or system which is of (Commission's minute 4 of April 10,
supported in whole or in part by any 1942). Section 1501 of the Second War
State or political subdivision thereof, Powers Act, 1942 (56 Stat. 187, March
or by the District of Columbia or by 27, 1942), further provides that this
any Territory or Territorial possession amendment of section 9 (a) of the Hatch
of the United States; or by any rec-Act “shall remain in force only until
ognized religious, philanthropic, or cul. December 31, 1944, or until such earlier
tural organization (section 21 of the time as the Congress by concurrent
Hatch Act, as added by the act of resolution, or the President, may desig-
October 24, 1942, 56 Stat. 986; 18 U. S. nate," and after such amendment ceases
C. 1940 ed., supp. II, 61u);
to be in force "any provision of law
(6) The Commissioners and the Re- amended thereby shall be in full force
corder of Deeds of the District of Co- and effect as though this act had not
lumbia (section 14 of the Hatch Act, been enacted; but no court proceedings
as added by the act of July 19, 1940, brought under any such title shall abate
54 Stat. 767 ; 18 U. S. C. 1940 ed. 61n). by reason of the termination hereunder
(This exception applies only to the sec- of such title.")
ond sentence of section 9 (a), which PROHIBITIONS OF CIVIL SERVICE RULE I
prohibits the taking of an active part
AGAINST POLITICAL ACTIVITY
in political management or in political
Section 1 of civil-service rule I pro-
campaigns; the officers in question re-
vides as follows:
main subject to the prohibition in the
first sentence of that section against ice shall use his official authority or
"No person in the executive civil serv-
the use of official authority or influence influence for the purpose of interfering
for the purpose of interfering with an
election or affecting the result thereof); sults thereof. Persons who by the pro-
with an election or affecting the re-
(7) Part-time officers and part-time
employees whose only Federal service visions of these rules are in the com-
consists of assisting in the existing war
petitive classified service, while retain-
effort without compensation, or with ing the right to vote as they please and
to express their opinions on all politi-
*100 This exception is the result of cura-
cal subjects, shall take no active part
tire un remedial legislation, and should be
applied retroactively (Commission's minute
in political management or in political
8 of November 9, 1943).*
campaigns."
.10b
(November 30, 1944)
414 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
For the similar prohibition against | only violations of the political-activity
political activity by Federal employees rule but are also felonies or misde-
generally, see section 9 (a) of the Hatch meanors, and may be prosecuted by the
Act, quoted on page 411.
Department of Justice.
*Under section 9 (a) of the Hatch *In the case of United Federal Work-
Act, a provision prohibiting Government crs of America et al. v. Mitchell et al.,
employees, whether in the classified or 1944 (56 F. Supp. 621), the District
the unclassified service, from expressing Court of the United States for the Dis-
their opinions on political subjects, trict of Columbia said with respect to
whether publicly or privately, cannot the duty of enforcing the Hatch Act:
be included in the civil-service rules or "Our conclusion is
that
regulations (United Federal Workers of the Congress superseded the rules inso-
America et al. v. Mitchell et al., 1944, far as conduct is concerned, and made
56 F. Supp. 621).*
such rules applicable alike to both classi-
Constitutionality.--As to the consti- fied and unclassified employees; that
tutionality of civil service rule I and Congress left the matter of enforcement
similar provisions, see note on page 411. of such rules of conduct where it found
Statutory basis.---Section 1 of civil- it, namely, that the Civil Service Com-
service rule I is based on section 2, mission, under rules of conduct which
clause 2, paragraph 6 of the Civil Serv- must be brought into accord with the
ice Act. See note on page 217.
Act of Congress, still retain the duty
Investigations.-For the Commis- to enforce the proper penalty with re-
sion's authority to investigate violations spect to classified employees as they had
of the civil-service rules, see note on theretofore had the power to do; and
page 217.
that the appointing authorities, namely,
the heads of departments and independ-
Scope of the Rule
ent agencies, who before the enactment
Concurrent jurisdiction of Commis- of the Hatch Act were responsible for
şion and departments. In the adminis- disciplinary measures, including dismis-
tration of the political-activity law as sal, of employees not classified, remain
it applies to Federal employees in the charged with the duty of enforcement
competitive classified service, the Com- of such discipline, including dismissal,
mission's jurisdiction under rule I is only they are required to apply the rules
concurrent with the jurisdiction under of conduct and disciplinary measures
the “Hatch Act” of the Federal agency set forth in the Hatch Act."*
employing a person or persons alleged Penalty for violations.-Federal em-
to have violated said law. In view of ployees who violate the provisions of
this concurrent jurisdiction, it will be section 9 of the Hatch Act are required
the Commission's regular practice to to be removed from office and there is
invite participation by the employing no discretionary authority to invoke
agency in any formal investigation or lesser penalties (opinion, Attorney Gen-
proceeding which comes under rule Ieral, January 8, 1941). *The District
and also under section 9 of the “Hatch Court of the United States for the Dis-
Act" (Commission's minute 4 of Feb-trict of Columbia made a similar finding
ruary 18, 1941). Certain activities of a in the case of United Federal Workers
political nature, among thein those of America et al. v. Mitchell et al., 1944,
originally prohibited by sections 11 to 56 F. Supp. 621.*
14 of the Civil Service Act and now A violation of section 1 of civil-sery-
prohibited by sections 118 to 122 of the ice rule I is also a violation of section
Criminal Code (18 U. S. C. 1940 ed. | 9 of the Hatch Act, and the same pen-
208–212; see pages 421 to 422), are not alty of removal must be imposed (see
I
(November 30, 1944)
CONDUCT OF OFFICERS AND EMPLOYEES
414.01
section 5 of the Commission's regula- and no investigation of complaints of
tions governing enforcement, page 416). such activities will be made by it, un-
For the procedure in invoking penal- less requested by the department, but
ties for violation of section 1 of civil will be referred to the department to
service rule I, see sections 5 and 6 of which they pertain (Commission's min-
the Commission's regulations governing ute 4 of March 21, 1930). This minute
enforcement, page 416.
no longer applies to Presidential post-
*Employees who do not possess a masters (see note below).
classified status.-Federal employees, in- Political activity is now forbidden to
cluding war-service appointees, who all Federal employees, with a few ex-
occupy positions in the classified civil ceptions, by section 9 (a) of the "Hatch
service, are subject to the political ac- Act” (53 Stat. 1148, August 2, 1939; 18
tivity restrictions of section 1 of civil- | U. S. C., 1940 ed. 61h). Jurisdiction
service rule I even though the employees over violations of this section was left
themselves do not have a classified civil- by the act with the employing agencies
service status. Such individuals are (see note on “Concurrent jurisdiction
also subject to section 9 (a) of the of Commission and departments,"
Hatch Act, as amended (departmental above), or, where matters of official
circular No. 361, revision 3, Decem- interpretation are involved, with the
ber 2, 1944).*
Department of Justice.
Presidential or excepted employees.- Postmasters.Postmasters of the first,
As Presidential or excepted employees second, and third classes became sub-
are not within the jurisdiction of the ject to the political activity rule on
Commission, their political activity, so June 25, 1938, the date of the act
long as they do not interfere with the including such postmasterships in the
employees under their jurisdiction or classified service (Commission's minute
seek to coerce them into any course of 2 of November 16, 1938). Postmasters
political action and their activity does of the fourth class were already subject
not involve political assessments, is not to the political activity rule under reg-
a matter of concern to the Commission / ulations of November 25, 1912.
:
(November 30, 1944)
415 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
re-
Substitute rural carriers.The so long as their names remain on the
strictions of the civil-service rules re- rolls, even though their resignations
garding political activity have not been have been' submitted and accepted and
applied to substitute rural carriers to their names are carried on the rolls only
the same degree as to regular employ- so that they may receive compensation
ees, when not at the time engaged upon for accrued leave (departmental circu-
substitute duties. The Commission lar No. 361, revision 3, December 2,
holds, however, that while serving his 1944). A similar ruling was made by
route a substitute is subject to equal the Attorney General in his Circular No.
(liscipline with regular employees and 3301. of October 26, 1939, dealing with
must refrain from political activity the application and scope of section 9
with patrons. He must not use his (a) of the Hatch Act. As to an em-
position for political purposes, acting ployee's right to receive compensation
either independently or in collusion for accrued annual leave upon removal
with the regular carrier (Commission's for political activity, see page 513.*
minute l' of August 7, 1924). However, Retired employees.--Persons retired
substitute rural carriers, like other Fed- from the civil service are not regarded
eral employees, are subject to the pro- as employees of the Government and
visions of the Executive orders of Jan- are not, therefore, subject to the restric-
nary 17 and January 28, 1873 (Commis- tions of the civil-service rules. Such
sion's minute 6 of July 19, 1937). (See persons may engage in politics to the
pp. 443 to 446; also section 16 of the act same extent as persons not connected
of August 2, 1939, 53 Stat. 1147, as with the Government service (Civil
amended by the act of July 19, 1940, Service Commission Form 1236).
54 Stat. 767, p. 412.)
Temporary and furloughed em-
Regulations in cases involving violation
ployees. The mere fact that an em-
of Section 1, Civil-Service Rule I
ployee is a temporary or emergency em- (1) Investigations.-(a) Investiga-
ployee or a substitute, or is on furlough lions of charges of political activity on
or leave of absence, does not exempt him the part of an officer or employee (both
from the rule. So long as an employee's hereinafter comprehended within the
name is carried on the rolls, restrictions term "employee") subject to the provi-
regarding political activity apply to him sions of section 1, civil-service rule I,
and he must refrain from their viola- shall be conducted jointly by repre-
tion, even though he may not be on sentatives of the Commission and of the
active duty. It is not permissible for department or agency where the indi-
an employee to take leave of absence vidual is employed, unless either the
for the purpose of working for a polit- Commission or the department or agency
ical committee or organization or of
signifies that it will be unable to par-
becoming a candidate for an elective
office with the understanding that he ticipate in the investigation. The Com-
will resign his classified position if mission shall be notified of any com-
nominated or elected (Civil Service plaint of political activity received by a
Commission Form 1236).
department or agency and shall be given
*Employees on terminal leave.-Fed-
an opportunity to cooperate in any in-
eral employees who are subject to the vestigation that the department or
political-activity restrictions of section agency may decide to make. Likewise,
1 of civil-service rule I remain subject the Commission will not proceed with
to such restrictions during the period of any investigation until the department
their terminal leave; that is, they are or agency has been notified and has been
subject to political-activity restrictions given an opportunity to participate.
(November 30, 1944)
CONDUCT OF OFFICERS AND EMPLOYEES
415.01
(6) During the course of the inves-cused employee allowing him the oppor-
tigation the employee shall be affordled tunity to furnish a statement.*
an opportunity to make a statement, (3) Proposed order.—When the Com-
either personally or in writing, before mission reaches the conclusion that a
the investigator, and he shall be al- | violation of section 1, civil-service rule
lowed to furnish names of witnesses 1, has been established by the investiga-
who will support the statements he has tion, it shall issue a proposed order.
This order, which shall include a state-
made to the investigator.
ment of the charges against the em-
*(2) Investigation by correspond-
ployee and of the information in support
ence. In case the complaint involves a
thereof, shall be sent to the employee
political activity violation that may be by registered mail, and he shall be al-
established by record evidence, the in- lowed fifteen days from the date of serv-
vestigation may be conducted by cor-
ice to respond thereto in writing. A
respondence. In such cases, the accused copy of this order shall also be sent to
employee will be given an opportunity the department or agency in which the
to furnish in writing any statement or individual is employed. With his reply
information that he may desire and the to the proposed order, the employee may
employing department will be furnished request a hearing as hereinafter pro-
a copy of the letter directed to such ac- vided.
1
(Noveniber 30, 1944)
416 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
(4) Hearing.--(a) The granting of a of the Hearing Examiner to permit, and
hearing shall not be a matter of right fix the time for, filing of briefs. The
but shall be within the discretion of proceeding at the hearing will not be
the Commission. No hearing shall be reported, unless the Commission shall
authorized in cases where the employee so direct; but the employee shall have
has admittel a violation or where a the privilege of himself having the evi-
violation is established by indisputable dence taken stenographically. If the
l'ecord evidence.
proceeding is not taken by a reporter
(0) Hearings shall be held before a on behalf of the Commission, the em-
Hearing Examiner designated by the ployer and Commission counsel shall
Commission and shall be at the Com- submit a summary thereof to the Hear-
mission's office in Washington, D. C., / ing Examiner within a time fixed by
unless the Commission shall order thai him. Any disagreement concerning the
the hearing he held elsewhere. All tes- contents of the summary shall be re-
timony shall be under oath or affirma- solved by the Examiner, and the parties
tion. The employee may appear per- mag file written exceptions. The sum-
sonally or hy or with counsel. Counsel mary and any exceptions shall be certi-
fied by the Hearing Examiner and shall
appearing shall have been admitted to
become a part of the record.
practice before the Commission in ac-
(5) Final order.-(a) The Commis-
cordance with rule 4 of the Rules of sion's final order shall be based on the
Practice under the act of August 2, 1939, entire record of the case, including the
as amended. 11
leport of the investigation, the reply of
(c) The hearing shall be of the limited the employee to the proposed order, and
scope necessitated by the Cominission's in cases where a hearing has been
lack of the power of subpoena in pro- granted, the report of the Hearing Ex-
ceedings under section 1, civil-service aminer. If the employee does not reply
rule I. Because of the absence of that to the proposed order within fifteen
authority, it cannot undertake to con- days from the date of service, a final
duct said hearing as a proceeding de orcier shall be based on the report of
novo, or to have evidence introduced investigation alone.
therein in support of the charges against
*(6) The final order shall contain a
the respondent. Owing to the lack of statement of the charges that have been
subpoena power, evidence in support of substantiated and shall prescribe the
charges must be limited to information penalty to be imposed. Copies of the
given voluntarily. Such information is final order shall be served on the re-
obtained upon an understanding of con-
spondent and on the departinent or
fidential treatment. Consequently, evi- agency wherein the individual is em-
ployed.*
dence supporting the charges cannot be
introduced at the hearing. The hear- of section 1, civil-service rule I, are by
(6) Penalties.--(a) Since violations
ing shall be unilateral, that is, it shall
law violations also of section 9 (a) of
be only for the presentation of evidence the Hatch Act, the penalty required by
on behalf of the employee in rebuttal of that act must of necessity be imposed.
the charges disclosed by the proposed The employee must be immediately re-
order. Counsel for the Commission may moved from the position or office held
cross-examine witnesses.
and may not again be employed in such
(a) It shall be within the discretion position or office. If the appointing
1
11 These rules have been published in 9
F. R. 12803.
110 As to effective date of removal, see page
513.
1
(November 30, 1944)
CONDUCT OF OFFICERS AND EMPLOYEES
417°
officer fails to carry out the instructions | DUTIES OF FEDERAL AGENCIES IN CON-
of the Commission within ten days after NECTION WITH POLITICAL ACTIVITY BY
receipt thereof, the Commission shall EMPLOYEES OF STATE OR LOCAL OR-
GANIZATIONS
certify the facts to the proper disburs-
ing and auditing officer for proceedings [For more detailed information, see
in accordance with civil-service rule XV. Civil Service Commission Form 1236a]
(6) When the Commission *directs*
Duty of Federal agency to report vio-
the removal of an enployee for a viola-
tion of section 1, civil- service rule I, lation of section 12 (a) of the Hatch
and the Hatch Act, the penalty laid litical Activities Act of August 2, 1939
Act.-Section 12 (b) of the Hatch Po-
down in paragraph (a) of this sec-
(53 Stat. 1147), as added by the act
tion shall be applied, even where the
of July 19, 1940 (54 Stat. 767; 18 U. S.
department or agency reports that the
C. 611), provides in part as follows:
individual has been removed, on grounds
"If any Federal agency charged with
other than a violation of section 1, civil-
service rule 1, and the Hatch Act, and funds of the United States for use in
the duty of making any loan or grant of
the individual may not again be em-
any activity by any officer or employee
ployed in the position from which he
to whom the provisions of subsection
was removed. The provisions of sec-
(a) are applicable has reason to be-
tion 6 of these regulations regarding lieve that any such officer or employee
*reenployment in positions other
has violated the provisions of such
than the one from which removal was
subsection, it shall make a report with
effected shall also apply.
respect thereto to the United States
(c) The above procedure shall apply Civil Service Commission
also where an employee has resigned
The term "Federal agency" as used
from his position or office prior to the in the section just quoted is defined
Commission's determination that he had
by subsection (f) (2) of the same
violated section 1, civil-service rule 1. section as including “any executive de-
and the Hatch Act.
partment, independent establishment, or
(7) *Reemployment.-An employee other agency of the United States (ex-
removed for riolation of section 1, civil- cept a member bank of the Federal
service rule I may be reinstated in Reserve System)."
accordance with the provisions of civil-
Text of section 12 (a) of the Hatch
service rules to any position for which Act.-The prohibition against. political
he can qualify other than the one from activity contained in subsection (a)
which he was removed : Provided, That of section 12 of the Hatch Act is as
in all cases involving a finding that a follows:
Federal employee has engaged in pro- “No officer or employee of any State
hibited political activity, the Commis-
or local agency whose principal em-
sion shall consider the matter from a ployment is in connection with any
suitability standpoint and shall estab- activity which is financed in whole or
lish a definite period of debarment ap- in part by loans or grants made by
plicable to the employee for all Fed- the United States or by any Federal
eral positions within the Commission's | agency shall (1) use his official author-
jurisdiction (departmental circular No. ity or influence for the purpose of inter-
361, revision 3, December 2, 1944; 9 F. R. fering with an election or a nomina-
14223).*
tion for office, or affecting the result
Interference with legislative or ad- thereof, or (2) directly or indirectly
ministrative proceedings. See note on coerce, attempt to coerce, command, or
page 286.
advise any other such officer or em-
620487 0 - 44 - 2
(November 30, 1944)
*418 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
on
ployee to pay, lend, or contribute any , by the act of July 19, 1940, 54 Stat.
part of his salary or compensation or 767; 18 U. S. C. 1940 ed. 61 1);
anything else of value to any party, (4) Officers and employees who exer-
committee, organization, agency, or per- cise no functions in connection with any
son for political purposes. No such of- activity of a State or local agency which
ficer or employee shall take any active is financed in whole or in part by loans
part in political management or in po- or grants made by the United States or
litical campaigns. All such persons by any Federal agency (section 12 of
shall retain the right to vote as they the Hatch Act, as added by the act of
may choose and to express their opin- July 19, 1940, 54 Stat. 767; 18 U. S. C.
ions all political subjects and 1940 ed. 61 1);
candidates."
(5) Persons employed in the govern-
Persons subject to section 12 (a) of the ment of the District of Columbia, who
Hatch Act. By minute 3 of June 24, are regarded for purposes of the Hatch
1943, the Commission has held that an Act as being employed in the executive
officer or employee of a State or local branch of the Government of the United
agency is subject to section 12 (a) of States, and are therefore subject to the
the Hatch Act if, as a normal and fore- provisions set forth on page 410 (section
14 of the Hatch Act);
seeable incident to his principal job or
(6) Officers and employees of any ed-
position, he performs duties in con-
ucational or research institution, estab-
nection with an activity financed in
whole or in part by Federal loans or supported in whole or in part by any
lishment, agency, or system which is
grants; otherwise he is not.
State or political subdivision thereof,
The term “State" as used in the Hatch
or by the District of Columbia or by
Act is defined by section 19 of that act
any Territory or Territorial possession
as meaning "any State, Territory, or of the United States; or by any recog-
possession of the United States." The nized religious, philanthropic, or cul-
term “State or local agency” is defined tural organization (section 21 of the
by section 12 (f) (1) of the act as mean- Hatch Act as added by the act of Oc-
ing "the executive branch of any State, tober 24, 1942, 56 Stat. 986; 18 U. S. O.
or of any municipality or other politi- 1940 ed., supp. II. 61u).
cal subdivision of such State, or any *The exception set forth in paragraph
agency or department thereof."
numbered (6) above is the result of
Persons exempted from section 12 (a) curative and remedial legislation and
of the Hatch Act.—The following per- should be applied retroactively (Com-
sons are exempted from the prohibition mission's minute 8 of November 9,
contained in section 12:
1943).*
(1) The Governor or the Lieutenant
Duty to withhold funds upon certified
Governor of any State or any person order of Commission.—Upon determin-
who is authorized by law to act as ing that a violation of subsection (a)
Governor, or the mayor of any city of section 12 of the Hatch Act has oc-
(section 12 of the Hatch Act, as added curred and that such violation war-
rants the removal of the officer or em-
by the act of July 19, 1940, 54 Stat. 767;
ployee by whom it was committed from
18 U. S. C. 1940 ed. 61 1);
his office or employment, the Civil Serv-
(2) Duly elected heads of executive ice Commission must, under subsection
departments of any State or munici- (b) of that section, notify such officer
pality who are not classified under a
or employee and the appropriate State
State or municipal merit or civil-service or local agency of such determination
system (section 12 of the Hatch Act, as by registered mail. Subsection (b) pro-
added by the act of July 19, 1940, 54 vides further as follows:
Stat. 767 ; 18 U. S. C. 1940 ed. 61 1) ; “If in any case the Commission finds
(3) Officers holding elective ofices that such officer or employee has not
(section 12 of the Hatch Act, as added | been removed from his office or employ-
t
(November 30, 1944)
CONDUCT OF OFFICERS AND EMPLOYEES
421
NOTES ON POLITICAL COERCION
Section 2 of the Civil Service Act of or influence to coerce the political ac-
January 16, 1883 (22 Stat. 403 ; 5 U. S. tion of any person or body. Such pro-
C. 1940 ed. 633), requires that the civil- vision is contained in the first sentence
service rules shall provide and declare of section 1 of civil-service rule I (see
that no person in the public service 'bas notes on
age 413).
any right to use his official authority
POLITICAL CONTRIBUTIONS
It is unlawful for any Senator or Representative in, or Delegate
or Resident Commissioner to, Congress, or any candidate for, or indi-
vidual elected as, Senator, Representative, Delegate, or Resident Com-
missioner, or any officer or employee of the United States, or any per-
son receiving any salary or compensation for services from money
derived from the Treasury of the United States, to directly or indi-
rectly solicit, receive, or be in any manner concerned in soliciting
or receiving, any assessment, subscription, or contribution for any
political purpose whatever, from any other such officer, employee,
or person (section 118 of the Criminal Code, as amended by the act.
of February 28, 1925; 18 U.S. C. 1940 ed. 208).12
No person shall, in any room or building occupied in the discharge
of official duties by any officer or employee of the United States men-
tioned in this act, or in any navy-yard, fort, or arsenal, solicit in any
manner whatever or receive any contribution of money or other thing
of value for any political purpose whatever (section 119 of the
Criminal Code; 18 U.S. C. 1940 ed. 209).13
No officer or employee of the United States mentioned in this act
shall discharge, or promote, or degrade, or in any manner change
the official rank or compensation of any other officer or employee, or
promise or threaten so to do, for giving or withholding or neglecting
to make any contribution of money or other valuable thing for any
political purpose (section 120 of the Criminal Code; 18 U. S. C. 1940
ed. 210).14
No officer, clerk, or other person in the service of the United States
shall, directly or indirectly, give or hand over to any other officer, clerk,
or person in the service of the United States, or to any Senator or Mem-
ber of or Delegate to Congress, or Resident Commissioner, any money
or other valuable thing on account of or to be applied to the promo-
12 This section replaced section 11 of the Civil Service Act, which was revoked by sec-
tion 341 of the act of March 4, 1909 (35 Stat. 1153).
18 This section replaced section 12 of the Civil Service Act, which was revoked by section
341 of the act of March 4, 1909 (35 Stat. 1153)
14 This section replaced section 13 of the Civil Service Act, which was revoked by section
341 of the act of March 4, 1909 (35 Stat. 1153).
422 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
tion of any political object whatever section 121 of the Criminal
Code; 18 U. S. C. 1940 ed. 211).15
Whoever shall violate any provision of the four preceding sections
shall be fined not more than five thousand dollars, or imprisoned not
more than three years, or both (section 122 of the Criminal Code;
18 U. S. C. 1940 ed. 212).16
NOTES ON POLITICAL CONTRIBUTIONS
Federal employees may not solicit, , Senator, Representative, Delegate, or
collect, receive, disburse, or otherwise Resident Commissioner to Congress,
handle contributions made for political whethe: such campaigns are for orig-
purposes. They may make voluntary | inal election or reelection (section 118,
contributions to a regularly constituted Criminal Code; 22 Stat. 406, January
political organization for its general | 16, 1883, as amended by 43 Stat. 1073,
expenditures, provided such contribu- February 28, 1925; 18 U. S. C. 1940
(Commission's minute 3 of
tions are not handed over to a person ed. 208).
in the Federal service (section 121, May 17, 1940).
Criminal Code; 22 Stat. 407, January
Section 2 of the Civil Service Act of
16, 1883; 18 U. S. C. 1940 ed. 211) and January 16, 1883 (22 Stat. 403; 5 U.
S. C. 1940 ed. 633), requires that the
the contribution is not made in a Fed-
civil-service rules shall provide and
eral building (section 119, Criminal declare that no person in the public
Code; 22 Stat. 407, January 16, 1883 ; service is for that reason under any
18 U. S. C. 1940 ed. 209). Federal obligations to contribute to any politi-
employees must not, however, contrib- cal fund, and that he will not be re-
ute directly or indirectly to the cam- mored or otherwise prejudiced for re-
paign of any candidate for the office of | fusing to do so.
*
POLITICAL ACTIVITY DIRECTED TOWARD ARMED FORCES
Sec. 22. It shall be unlawful for any officer of, or person employed
in, the executive branch of the Federal Government, or any agency
or department thereof, including the Army and Navy, to deliver
or cause to be delivered to persons in the armed forces of the United
States any general communication, Government magazine, Govern-
ment newspaper, motion-picture film, or other literature or material,
or to make, or cause to be made, any broadcast to the armed forces
of the United States, paid for in whole or in part with Government
funds, or sponsored by the Government, or any agency or department
thereof, including the Army and Navy, which when considered in
its entirety contains political propaganda' obviously designed to
*
16 This section replaced section 14 of the Civil Service Act, which was revoked by section
341 of the act of March 4, 1909 (35 Stat. 1153).
16 This section replaced section 15 of the Civil Service Act, which was revoked by section
341 of the act of March 4, 1909 (35 Stat. 1153). Violations of sections 118-121 of the
Criminal Code are felonies under the following provision of section 335 of the Criminal
Code (18 U. S. C. 1940 ed. 541):
"All offenses which may be punished by death or imprisonment for a term exceeding one
year shall be deemed felonies. All other offenses shall be deemed misdemeanors."
(November 30, 1944),
CONDUCT OF OFFICERS AND EMPLOYEES 422.01
*
affect the result of any election for President, Vice President, Presi-
dential elector, Member of the Senate, or Member of the House of
Representatives, or obviously calculated to create bias for or against
a particular candidate in any such election, except as hereinafter
provided :
(1) The word sponsored as used herein shall not be deemed
to include sales at or through post exchanges, ship's service
stores, or ship's stores of the armed forces, or purchases by com-
pany funds, welfare funds, or other similar nonappropriated
funds of the armed forces.
(2) Nothing herein shall prohibit the rebroadcast over Gov-
ernment-controlled radio stations of any political address, but
equal time must if requested be given for such purposes to repre-
sentatives of each political party which has a candidate for
President in at least six States in the current Presidential election.
(3) Nothing herein shall prevent the Army or Navy, or per-
sonnel thereof, from selling, distributing, presenting, or making
available to members of the armed forces-
(a) books, magazines, or newspapers of general circulation
in the United States and also, in an overseas command, those
of general circulation therein; or motion-picture films, radio
broadcasts, radio rebroadcasts, plays, or entertainment mate-
rial as generally presented to the public in the United States;
or written material for use in educational programs of the
armed forces similar to written material generally provided
for use in civilian educational programs by recognized edu-
cational institutions in the United States: Provided, That
the selection of such books, magazines, and newspapers, when
the selection is necessarily limited by difficulties of transpor-
tation or other exigencies of war, shall be made in some im-
partial manner prescribed by the Secretary of War and the
Secretary of the Navy for their respective services, such as
a preference expressed by members of the armed forces, or
the recommendation of expert committees, or otherwise;
(b) impartial and nonpartisan coverage or presentation
of news or information of public events and affairs and per-
sons in public life, through the media of servicemen's publi-
cations and motion pictures, radio programs, news services,
and educational and orientation courses originated by the
Army or Navy: Provided. That if in any issue or presenta-
tion space or time is alloted to editorials or columns support-
ing a political party which has a candidate for President-
in at least six States in the current Presidential election, an
*
(November 30, 1944)
422.02 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
.
*
equal amount of space or time shall be allotted in the same
issue or presentation to similar matter concerning each such
other political party.
(4) Nothing in this section shall prevent the sending of any
letter, communication, magazine, newspaper, or other literature
by any individual, corporation (other than a Government-owned
or Government-controlled corporation), or political committee
to any member of the armed forces, addressed personally to such
member of the armed forces, and paid for by him, or by the
individual, corporation, or committee sending the same.
Sec. 23. It shall be unlawful for any censor or other member of
the executive branch of the United States Government to remove
from any letter or communication addressed to an individual member
of the armed forces political literature or political arguments or
other matter sent to such individual member of the armed forces by
any individual, corporation, or political committee, unless such litera-
ture or other matter contains information which may be of value to
the enemy in their prosecution of the war.
SEC. 24. Any person who violates the provisions of section 22 or
section 23 hereof either within or outside of the United States shall
upon conviction thereof be fined not more than $1,000 or imprisoned
for not more than one year, or both.
Sec. 25. The provisions of sections 22 and 23 shall expire upon the
expiration of six months after the termination of hostilities in the
present war as proclaimed by the President or declared by concur-
rent resolution of the Congress (Hatch Political Activities Act of
August 2, 1939, 53 Stat. 1147, as amended by Public Law 277, 78th
Cong., April 1, 1944, and Public Law 418, 78th Cong., August 21,
1944).*
SUBVERSIVE ACTIVITY-MEMBERSHIP IN SUBVERSIVE
ORGANIZATIONS
(1) It shall be unlawful for any person employed in any capacity
by any agency of the Federal Government, whose compensation, or
any part thereof, is paid from funds authorized or appropriated by any
act of Congress, to have membership in any political party or organi-
zation which advocates the overthrow of our constitutional form of
government in the United States.17
(2) Any person violating the provisions of this section shall be
immediately removed from the position or office held by him, and
17 The Commission has decided officially that as a matter of policy it will not certify to
any department or agency the name of any person when it has been established that he is
a member of the Communist Party, the German Bund, or any other communist, Nazi, or
Fascist organization (departmental circular No. 222, June 20, 1940).
t
(November 30, 1944)
SALARY ADVANCEMENTS WITHIN GRADE
453
December 15, 1941). (See also note on for such a within-grade promotion by
"Computation of period of service," reason of having attained the max-
page 455.)
imum salary of his gracle, !0 was ap-
Section 2 (h) of the act of August 1, pointed to a new position in a different
1941, is applicable only to persons grade at the minimum salary thereof
occupying positions which in the event of on the first day of a quarter, and who
a vacancy would be required to be filled met all conditions of the statute on
through Presidential appointment and that date, is not entitled to a within).
confirmation by the Senate. It does not grade promotion until the beginning of
apply to positions wbich were once of the following quarter (22 Comp. Gen
this type but which are now in the com- 336, October 10, 1942).
petitive civil service and are subject to
*Beginning date of waiting period for
the pay scales of the Classification Act. periodic within-grade salary advance-
(See 21 Comp. Gen. 256, September 25, ments.—Under the terms of the within-
1941.)
grade salary advancement statute, an
Where an act fixes a maximum salary employee may be granted a periodic
liinitation for certain positions but does within-grade salary advancement at the
not preclude administrative allocation of beginning of the next quarter following
the positions in appropriate Classifica- 18 or 30 months of service only if "no
tion Act grades, personnel who have equivalent increase in compensation
been so allocated are entitled, subject to from any cause”, except salary advance-
the statutory maximum salary limita- ments for exceptionally meritorious
tions, to the benefits of the act of Au- services made pursuant to section 7 (f),
gust 1, 1941, upon meeting the other re-
was received during such period.
quirements of the act and the Presi-
The 18- or 30-month waiting period
dent's regulations thereunder (21 Comp. dates froin the last "equivalent increase
Gen. 323, October 13, 1941).
in compensation,” regardless of the
Employees who are engaged on proj- branch of the service in which the
ects pursuant to cooperative agreements equivalent increase was granted (23
with States and municipalities, the ef- Comp. Gen. 471, December 31, 1943). As
fect of which agreements is to reserve
to transfer and reassignment cases in
to the State or municipality supervisory general, and particularly as to the spe-
control as to the fixing of salaries, are cial rulings applicable where the trans-
not "occupying permanent positions
fer was made with reemployment rights
within the scope of the compensation
under the war-service regulations, see
schedules” fixed by the Classification Act
within the meaning of the act of August
The reallocation of a position to a
1, 1941 (21 Comp. Gen. 1145, June 30,
higher grade does not preclude the
1942).
Meaning of phrase “maximum rate of counting of previous service in the lower
compensation for the
grade.”—The grade toward a periodic advancement in
words “who have not attained the maxi- | the higher grade if the increase in com-
mum rate of compensation for the grade pensation resulting from such realloca-
in which their positions are respectively tion is less than the compensation incre-
allocated" in the act of August 1, 1941, ments of the lower grade (22 Comp. Gen.
have reference to the grade held by an 151, August 19, 1942).*
employee ai the beginning of the quar-
Where the compensation increase
ter when he otherwise would be eligible resulting from the revision required by
for automatic proniotion and not to a
grade held by him during a part of the the act of August 1, 1942 (56 Stat. 733),
period of service required for automatic of the grade and salary rate of a cus-
promotion (22 Comp. Gen. 151, August todial employee exceeded the compensa-
19, 1942).
tion increment in both his former grade
An employee, previously ineligible land in the grade in which he was placed
page 457.
(July 27, 1944)
454 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
pursuant to the act, such increase con- | rights and benefits under the war-serv-
stitutes an "equivalent increase in com- ice regulations, and the restoration to
pensation" within the meaning of the the higher salary is effected through the
within-grade salary-advancement stat- exercise of such reemployment rights,
ute of August 1, 1941, and the Presi- and upon meeting the terms and condi-
dent's regulations thereunder, so as to tions prescribed by those regulations
preclude an automatic promotion under (based on 23 Comp. Gen. 471, December
the latter statute until the beginning 31, 1943; 23 Comp. Gen. 594, February
of the quarter following the expiration | 13, 1944);
of 18 months from the effective date (3) Where there is an administrative
of the increase (22 Comp. Gen. 179. regulation providing for temporary "up
September t, 1942).
and down" salary changes (as distin-
Salary increases resulting from trans- guished from salary changes under rules
fer to another position, or return from and regulations applicable to Govern-
transfer, are discussed on pages 456.01 ment agencies generally) whereby em-
and 457.
ployees are ternporarily assigned for 30
A reduction in salary during the pre- days or less to positions paying higher
scribed period that an eniployee must
or lower salaries than their regular
serve without an “equivalent increase positions and are restored to their regu-
in compensation" in order to be eligi- lar positions and salaries upon comple-
ble for a within-grade salary advance tion of such assignments. (See 21 Comy).
ment under the act of August 1, 1941, has
Gen. 773, February 14, 1942.)
no effect on the employee's eligibility
* (4) Where the reduction was the
for the increase, and where the reduc-
result of an administrative error in
tion follows a prior increase in salary, transferring an employer at a salary
the said prescribed period continues to
run from the effective date of the prior rate which did not save to him the
within-grade salary advancements pre-
increase (21 Comp. Gen. 369, October 27,
viously attained under the act of Au-
1941).
A restoration in compensation after gust 1, 1941, and the error is corrected,
retroactively effective from the date of
a reduction is an “equivalent increase
transfer, in accordance with the condi-
in compensation from any cause" with-
tions set forth on page 457 (decision,
in the meaning of the act of August 1,
Comptroller General, November 2,
1941, providing for uniform ' within-
1944).*
grade salary advancements, and the
President's regulations thereunder, and
An employee who was promoted tem-
the prescribed period that the employee porarily to a higher grade with a result-
must serve without such an equivalent ing increase in compensation at a per
increase in order to be eligible for a sal-
annum rate exceeding a $100 one-step
ary advancement under the act begins colupensation increment in the lower
to run from the date of the restoration grade has received an "equivalent in-
(21 Comp. Gen. 285, October 2, 1941; 21 crease in compensation" within the
Comp. Gen. 326, October 13, 1941; 21 meaning of the within-grade salary ad-
Comp. Gen. 369, October 27, 1941). An
vancement statute of August 1, 1941,
exception to this ruling exists in cases:
even though the actual amount of addi-
(1) Where the employee was
tional compensation received during the
duced in gralle innd salary on the basis effective period of the promotion was
of his efficiency rating, and was subse less than $100 (22 Comp. Gen. 1051,
quently restored to his former grade and May 20, 1943).
salary as the result of an appeal to an Where an employee has received three
efficiency rating board (23 ('omp. Gen. salary increases none of which equaled
486, January 4, 1941);
a one-step compensation incremeat in
(2) Where the reduction was inci- the lowest grade held but any two of
dent to a transfer with reemployment which equaled or exceeded such incre-
re-
(November 30, 1944)
SALARY ADVANCEMENTS WITHIN GRADE
456.01
31, or any date thereafter, covering per- ary advancements under the act of Au-
formance in the grade of his position, gust 1, 1941, should be given the salary
an official special rating shall be made increase for record purposes-payment
for this purpose at the time he enters to be made if and when he returns to a
the armed forces (departmental circular pay status-provided all other require-
No. 474, March 14, 1944).
ments for the increase are met (21
Section 4 of the President's regula- | Comp. Gen. 369, October 27, 1941).
tions (see page 449) authorizes the Granting of salary increases to em-
granting of a within-grade salary ad- ployees who are about to be separated
vancement retroactively in certain cases or transferred. If an employee resigns
where an error in the efficiency rating or is separated from a permanent posi-
has been discovered and corrected. tion effective on the date on which be
However, where an employee was re-would otherwise be entitled to a periodic
duced in grade and salary on the basis within-grade salary advancement under
of his efficiency rating, and subse the act of August 1, 1941, be should not
quently restored to his former grade be considered for a promotion under the
and salary as the result of a successful act, as of that date, unless he is resign-
appeal to an eficiency rating board, ing in order to accept, without break in
there is no authority to pay him the service, another permanent position un-
salary rate, retroactively effective as of der the Classification Act in another
the date of his reduction, of the higher agency. In the latter case, he should
grade which he, in fact, did not hold be considered for the salary advance-
during the period of such reduction ment by the agency from which he is
(based on 23 Comp. Gen. 186, January resigning. If the separation is not to
4, 1944).
be effective until after the date he be-
Determination of amount of in- comes entitled to the salary advance-
crease. The amount of the increase in ment, he should be considered for such
compensation under the act of August advancement from the date of entitle-
1, 1941, is an amount equal to one full ment to the date he is separated (21
salary increment of the grade in which Comp. Gen. 369, October 27, 1941; 21
the employee is serving at the time he Comp. Gen. 792, February 21, 1942).
becomes eligible for the increase. This Effect of transfer, reappointment, pro-
is true even though the employee's motion, or reduction upon retention of
position was reallocated during the 18-within-grade salary advancement previ-
or 30-month waiting period, provided ously earned.—The Fested right of an
that the increase in compensation re-employee to retain a periodic or meri-
ceived as a result of the reallocation torious within-grade salary advancement
was in an amount less than the com- granted pursuant to the act of August 1,
pensation increments of the lower 1941, maintains only so long as he re-
grade. The within-grade salary in- mains in the position in which the ad-
crease should, not be reduced by an
vancement was granted. Upon the
amount equal to the increase in con-transfer, promotion, or reduction of an
pensation received by reason of the re-employee from one position to another
allocation (21 Comp. Gen. 285, October with different duties and responsibili-
2, 1941; 22 Comp. Gen. 151, August 19, ties, whether in the same or different.
1942).*
grade, and whether in the same or a dif-
Granting of salary increases to em- ferent agency, it is within administra-
ployees who are on leave-without-pay.- tive discretion--but not mandatory-to
An employee who is on leave of absence fix his initial salary in the new position
without pay on October 1, 1941, the ef-at such prescribed rate of the grade as
fective date of the first within-grade sal will save to him the benefit of a within-
(July 27, 1944)
457 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
grade salary advancement to which he not eligible for a within-grade salary
previously had become entitled (21 advancement under the act of August 1,
Comp. Gen. 791, February 21, 1942; 21 1941, until the beginning of the next
Comp. Gen. 855, March 12, 1942).
quarter after the lapse of 18 or 30
* Where there exists no administra- months (as the case may be) from the
tive regulation, practice, or policy to time he received the equivalent increase
deny, upon transfer of employees to in compensation when transferred to the
other positions either in the same or dif- higher grade (21 Comp. Gen. 478, No-
ferent agency, the within-grade salary vember 22, 1941).
advancements previously attained under "This general rule applies not only to
the act of August 1, 1941, an adminis-
cases where the employee was trans-
trative error in transferring an em- ferred without reemployment rights, but
ployee at a salary rate which did not also to cases where, although he was
save such advancements to him may be transferred with reemployment rights,
corrected retroactively effective from his return to his former position was not
the date of the transfer so as to save effected through exercise of those rights
the lawful salary rate received prior to (23 Conip. Gen. 471, December 31, 1943).
the transfer, provided there was no pur-
Where the transfer at an increase in
pose to reduce the employee for any grade and salary was made under con-
other reason (decision, Comptroller ditions entitling the employee to reem-
General, November 2, 1944).*
ployment rights and benefits under the
As to reductions for disciplinary war-service regulations, and his return
reasons, see notes on page 458. As to to his former position was effected
reductions and retransfers because of a through the exercise of those fights and
predecessor's return from the armed upon his meeting the terms and condi-
forces, see notes on page 88.02.
tions prescribed by the regulations, the
Where an employee has been re waiting period would date from the last
duced in position and grade through promotion in the original agency rather
no fault of his own, and later is re-
than from the increase in grade and
stored to the same position and grade, salary upon transfer to the other agency,
it is within administrative discretion, and the service in the agency to which
subject to available appropriations, to transferred may be included in comput-
fix the employee's salary initially at a ing the 18- or 30-month waiting period
rate, even though above the minimum required. The same would be true in
of the grade, to which he previously cases where the transfer involved å
had been advanced in that position decrease rather than an increase in
through operation of the within-građe salary. These rulings, however, apply
promotion plan. He need not be re-only to cases where the employee is re-
quired again to attain such salary rate stored at a salary rate not exceeding the
through periodic advancements in each rate prior to the original transfer (plus
step of the grade (decision, Comptroller any periodic within-grade salary ad-
General, September 19, 1944).
vancernents which he would have re-
Effect of return from transfer.-ceived had he remained in that posi-
Where an employee is transferred to a tion). If the salary rate at which re-
position in a higher grade resulting in stored is in excess of the salary rate
an increase in compensation equivalent prior to original transfer (including
to the amount of the salary step in the periodic within-grade salary advance-
lower grade, and, upon completion of ments), the waiting period would date:
the assignment in the higher grade, is (a) From the time he received the
returned to his former salary and grade, increase in salary incident to restora-
the general rule is that the employee is I tion, if the rate at which restored is
(November 30, 1944)
SALARY ADVANCEMENTS WITHIN GRADE
457.01
sufficiently in excess of the salary which have accrued to them during their ab-
he received in the other agency to consti- sence had they remained in civilian
tute an "equivalent increase in compen- service. An employee is entitled to the
sation" within the meaning of the act; benefits of section 5 of the order only
(6) From the time he received an if he was restored in accordance with
increase to a corresponding rate in the all three of the statutory requirements
other agency, if the rate at which re-entitling him to restoration, i. e. : (1) He
stored is not in excess of the rate which must have received a certificate of sat-
he received in the other agency (23isfactory service; (2) he must be physi-
Comp. Gen. 265, October 8, 1943; 23 cally and mentally qualified to perform
Comp. Gen. 471, December 31, 1943; 23 the duties of the position; and (3) he
Comp. Gen. 594, February 13, 1944). must have applied within the period pre-
Employee transferred from position scribed by statute. (For the statutory
not subject to efficiency-rating system.- provisions imposing these requirements,
See note on “Efficiency rating require-see pages 137 and 138.) Section 2 of
ments,” page 456.
War Service Regulation XIII requires
Employee on active military or naval the agency concerned to reemploy any
duty.--A civilian employee on active person entitled to reemployment within
military duty who becomes entitled to a thirty days of his application for re-
within-grade salary advancement under employment.
employment. The employee must have
the act of August 1, 1941, 55 Stat. 614, met all three of the statutory require-
at the beginning of a quarter occurring ments at that time, and if he has not
within a period for which he is paid, con- met all three requirements at that
(*urrently with military pay, civilian time--for example, if he is not physi-
compensation for accumulated and cur- (ally and mentally qualified to perform
rent accrued annual leave granted pur- the (lities of the civilian position—he
suant to the act of August 1, 1941, 55 is not entitled to the benefits of section
Stat. 616, as amended, is entitled to be 5 of Executive Order No. 8882 if later
paid at the increased salary rate during reemployed (decision, Comptroller Gen-
such period of annual leave from the eral, November 6, 1944).
effective date of the salary advancement.
As to an agency's authority to restore
an employee who has met all three of
There is no legal or accounting objec-
the statutory requirements to a leave-
tion to the administrative recording of
without-pay status, in order to permit
changes in the status of employees on
treatment of a condition arising out of
military duty who, when restored to military service, see page 142.01. Such a
their civilian positions, under existing period of leave without pay would be
law will be entitled to the benefit of any treated like any other period of leave
reallocation of their positions, and who, without pay for purposes of the Presi-
under Executive Order No. 8882, will be dent's regulations governing the admin-
entitled to any automatic promotions istration of the within-grade salary ad-
that would have accrued to them during vancement plan.
their absence had they remained in A veteran who held "other than a
civilian service (21 Comp. Gen. 1007, temporary position", and who has met
May 11, 1942).
all three conditions prescribed by law
*Employees returning from active to entitle him to restoration to a civilian
military or naval service.--Section 5 of position, and who actually is restored
Executive Order No. 8882, quoted on to a position in a different branch of
page 419, provides for the granting to the same department or agency or in
employees returning from active mili- a different department or agency than
tary or naval duty of periodic within the one from which he entered the
grade salary advancements that would I armed forces, may count service in the
(November 30, 1944)
457.02 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
armed forces toward periodic within-, actually reemployed until after expira-
grade salary advancements (decision, tion of such period, he may count all
Comptroller General, November 24, ) of the military or naval service in com-
1944).*
puting longevity for purposes of within-
A person serving under a probation gracle salary advancement under the act
al appointment, whether for six months of August 1, 1941, and Executive Order
or one year, when he enters military No. 8882 issued thereunder; however,
service, is entitled, upon restoration in he may not count any of the period
accordance with section 8 (b) of the Se- when not in a Federal pay status be-
lectire Training and Service Act of 1940 tween the military or naval service and
(see page 138) to his former position or the civilian service except the 30-day
to one of like seniority, status, and pay, non-pay status time authorized in sec-
to the salary rate received when he en-
tion 2 (c) of the Executive order.
tered the military service, plus any
A former employee who, upon dis-
within-grade salary advancement to charge from active military or naval
which he would have been entitled, as
service, applies for restoration to his
provided by section 5 of the Executive civilian position within the ** pe-
regulations under the act of August 1, riod prescribed by section 8 (b) of the
1941 (decision, Comptroller General, Oc- Selective Training and Service Act of
tober 9, 1944).
1940 to entitle him to restoration "with-
A former employee who, by failing out loss of seniority,” but who, solely for
to apply for restoration to his civilian personal reasons, delays in accepting or
position within *the period prescribed refuses to accept reemployment, loses
by statute, * forfeited his right under his right to count his active military or
section 8 (b) of the Selective Training naval service in computing longevity for
and Service Act of 1940 (see page 138) piilposes of within-grade salary ad-
to restoration "without loss of seniority" Lancement under the act of August 1,
1941.
is. not entitled, if subsequently reem-
Where a former employee, otherwise
ployeci, to the benefits of section 5 of
entitled under the Selective Training
Executive Order No. 8882, issued pur- and Service Act of 1940 to restoration
suant to the within-grade salary-
advancement statute of August 1, 1941, from the Army, was precluded from im-
to his civilian position after discharge
which, in effect, authorizes the counting mediately returning to such position
of active inilitary or naval service to-
upon application therefor because his
ward within-grade salary advancements discharge was conditioned upon em-
as though such service had been civilian ployment in an essential war industry,
service.
including agriculture, he may, upon sub-
Where a foriner employee, upon dis- sequent restoration soon after he ter-
charge from military or naval service, minates his essential war industry serv-
has met *the conditions prescribed by ice, count his active military service in
section 8 (b) of the Selective Training computing longevity for purposes of
and Service Act of 1940 within the pe-within-grade salary advancement under
riod prescribed by such section, but, the act of August 1, 1941 (22 Comp.
(li:e to administrative procedure, was not | Gen. 969, April 14, 1943).
(November 30, 194+),
SALARY ADVANCEMENTS WITHIN GRADE
458
An employee who had been on leavetion under the act of August 1, 1941, it
without pay for more than one year at is within the discretion of the admin-
the time he entered the military service istrative officers, under the provisions of
is not entitled, under section 5 of Execu- said act, to withhold for such period as
tive Order No. 8882, to count active mili- is deemed proper or necessary the ad-
tary service toward within-grade salary ministrative certificate as to "other-
advancement in a civilian position to wise satisfactory conduct" which is
which he is later restored ; in such a fixed by said act as one of the condi-
case the 18- or 30-month waiting period tions necessary for a salary advance-
would begin with the date of restoration ment thereunder (21 Comp. Gen. 326.
to the civilian position. If he had been October 13, 1941).
The decision just summarized ap-
on leave without pay for less than one
year, he may, upon reemployment in a plies to cases where the unsatisfactory
service or conduct occurred during the
civilian position under conditions en-
titling him to the benefits of section 5 period on which the salary advance-
of Executive Order No. 8882, count not ment would be based, and not where it
occurred after the employee became eli-
only his active military service but also
gible for such salary advancement. An
the preceding period of leave without
employee who has actually received a
pay, to the extent set forth below:
within-grade salary advancement in ac-
(a) If he had been on leave without cordance with the act of August 1, 1941,
pay for less than 30 days, he may count after having met all of the terms and
the entire period of leave without pay; conditions thereof with respect to effi-
(6) If he had been on leave without ciency, service, and conduct, has a vested
pay for more than 30 days but less than right to the increased salary connected
one year, without break in service, he with such advancement so long as he
may count 30 days of the period of remains in the same position, and there
leave without pay (23 Comp. Gen. 367, is no authority to reduce his salary in
November 16, 1943 ; 23 Comp. Gen. 617, the same grade and position-as distin-
February 23, 1944).
guished from a reduction in grade for
*The provision of section 5 of Exec-disciplinary reasons (23 Comp. Gen. 941,
utive Order No. 8882 which authorizes June 9, 1944).
the counting of all of the active mili- Meritorious within-grade salary ad-
tary service toward periodic within- vancements.—Where an employee has
grade salary increases applies only to been granted a periodic within-grade
the period of active military service. salary advancement under the act of
The period in a nonpay status between August 1, 1941, as of the beginning of a
termination of active military service particular quarter, his right to another
and restoration to an active civilian / such periodic salary advancement, other
status is to be regarded the same as conditions being met, after 18 or 30
any other period in a nonpay status months' service from that date is not
within the meaning of the President's affected by a meritorious salary ad-
regulations governing the administra- vancement granted within such period
tion of the within-grade salary advance- pursuant to the act.
ment plan (decision, Comptroller Gen- A period of 18 or 30 months is not re-
eral, November 6, 1944).*
quired to elapse between meritorious-
Employee reduced in salary for disci- as distinguished from periodic-within-
plinary reasons.-Where an employee grade salary advancements under the
has been reduced in salary for disci- act of August 1, 1941, but only one such
plinary reasons but his efficiency rating meritorious advancement may be inade
and period of service prior to October within each of the 18- or 30-month pe-.
1, 1941, are such as not to bar a promo- riods applicable to periodic advance-
(November 30, 1944)
459 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
ments (21 Comp. Gen. 855, March 12, Reports to the Commission of within-
1942).
grade salary advancements.-Periodic
A prospectively effective meritori- within-grade salary advancements un-
ous--as distinguished from periodic- der the act of August 1, 1941, should not
within-grade salary advancement of one be reported to the Civil Service Commis-
step may be granted an employee under sion's Service Record Division (depart-
the act of August 1, 1941, and Executive mental circular No. 365, August 10,
Order No. 8882 issued pursuant thereto, 1942).
even though the employee may not as Reports of compensation advance-
yet have attained eligibility for his first ments for "especially meritorious serv-
periodic within-grade salary advance-ices” under section 2 (f) of the act of
ment under the act by serving 18 or 30 August 1, 1941, must be submitted to the
months without an equivalent increase Commission as required by law. The
in compensation (21 Comp. Gen. 791, Commission will review all reports of
February 21, 1942).
salary advancements for especially mer-
It is the opinion of the Commission, itorious services, effective on and after
that the term “especially meritorious
services”, as used in the act of August standards outlined in departmental cir-
the
1, 1941, means an act or service (1) incular. No. 321, supplement 1, March 30,
the public interest, (2) related to the 1943, and will indicate in each case in
employee's position or employment, (3) its annual report to Congress on such
over and above normal Job require-
salary advancements whether the rea-
ments, (4) of an unusual or distinctive
sons for the salary advancement con-
character, (5) that serves as an incen-
form to these standards (departnental
tive to others. The presence of all five
circular No. 321, supplement 1, March
elements is necessary to constitute an
act or service an "especially meritori. 30, 1943). Full details regarding the
ous service” within the meaving of the form of the reports from agencies to
statute (departmental circular No. 321, the Commission, and the method of re-
supplement 1, March 30, 1943). Stand-porting, are given in departmental cir-
ards for determining whether an act or cular No. 321, revised, November 12,
service meets these requirements are set 1942, and supplement 1 thereto, March
forth in the circular cited.
30, 1943).
.
PROVISIONS AFFECTING HOURS OF LABOR
LENGTH OF BASIC WORKDAY 1
DEPARTMENTAL SERVICE
*
*
3
Hereafter it shall be the duty of the heads of the several
executive departments, in the interest of the public service, to require
of all clerks and other employees, of whatever grade or class, in their
respective departments, not less than 7 hours of labor each day, ex-
cept Sundays and days provided public holidays by law or Executive
order: Provided, That the heads of the departments may, by special
order, stating the reason, further extend the hours of any clerk or
employee in their departments, respectively; but in case of an ex-
tension it shall be without additional compensation : 2
(sec.
tion 7 of the act of March 15, 1898, 30 Stat. 316; 5 U.S. C. 1940 ed.
29).
LABORERS AND MECHANICS
That the service and employment of all laborers and mechanics who
are now, or may hereafter be, employed by the Government of the
United States or the District of Columbia, or by any contractor or sub-
contractor, upon a public work of the United States or of the District
of Columbia, and of all persons who are now, or may hereafter be,
employed by the Government of the United States or the District of
Columbia, or any contractor or subcontractor, to perform services
similar to those of laborers and mechanics in connection with dredging
or rock excavation in any river or harbor of the United States or of
1 Post Office Department employees.—Among the statutes governing hours of labor in
the Post Office Department are the following:
The act of March 4, 1911 (36 Stat. 1339), as amended (39 U. S. C. 116), which fixed
the hours of labor of employees of the pneumatic-tube system, *employees of the custodial
service, and of mechanics-in-charge, special mechanics, general mechanics, mechanics
helpers, driver-mechanics, dispatchers, and garagemen-drivers in the motor vehicle system
at 8 hours a day, and established rates of compensation for overtime;
The act of July 11, 1940 (54 Stat. 756), wbich authorized the Postmaster General to pro-
vide for distribution of mail on motor-vehicle routes in motor vehicles and provided that
personnel employed in such work should be "a part of the Railway Mail Service under the
same working conditions, rates of pay, travel allowance, and other benefits applicable to
railway postal clerks" ;
The act of October 23. 1941 (55 Stat. 744), which fixed the hours of labor of laborers
in the Railway Mail Service at 8 hours a day, authorized payment of compensation for
overtime service, and provided that when substitute laborers are appointed to the position
of regular laborers the substitute service performed shall be included in eligibility for
promotion to grade 2.
2 The clause reading "but in case of an extension it shall be without additional compensa-
tion" has been superseded and rendered inoperative by section 6 of the War Overtime Pay
Act of 1943 (57 Stat. 77, May 7, 1943), The remainder of the provisions quoted above
are still in effect (based on 22 Comp. Gen. 619. January 7, 1943).
8 Establishment of 6-day week; definition of "departmental service." See notes on page
501.
460
i
(July 27, 1944)
JK
633
A 22
CIVIL SERVICE ACT AND RULES
TRANSMITTAL SHEET NO. 24
December 7, 1944
These sheets should be cut or torn apart along the perforations. They
should then be substituted as shown on the back of this page for pages
of the loose-leaf edition of the "Civil Service Act and Rules." The steps
in making the insertions are explained on page XX of the introductory
chapter, "How to Use This Book." The date of this transmittal sheet
and the date of filing should then be noted on the "Filing Record" at
the front of the book, and this page should be filed immediately behind
Transmittal Sheet No. 23.
When this filing is completed, pages 1 to 220, 291 to 365, 377 to 428
and 435 to 525 will be up to date as of December 7, 1944, with the fol-
lowing exception: A few changes which would normally be made in
the chapter on leave of absence are being held back temporarily for a
general revision of that chapter to reflect the changes in the leave-
accounting system under Departmental Circular No. 504, which takes
effect January 1, 1945.
Remarks
Additions have been made on pages 45, 45.01, 45.02, 89.01, 146, 210,
408, 408.01, 410, 411, and 411.01.
Changes have been made on pages 88.01, 88.02, 137, 138, 315, 425,
425.01, and 425.02.
It is believed that the nature of all changes will be obvious upon
comparison of the old with the new pages.
It will be noted that the present installment incorporates the changes
in the Selective Training and Service Act and similar legislation made
by the new law, referred to in the last installment, which extends the
period within which returning servicemen may make application for
mandatory restoration. The bill was signed too late to permit changes
in any material other than the statutory provisions. Changes in the
other notes will be made in later installments.
No page appearing in a particular installment has been changed
in that installment (except by transfer of material from contiguous
pages) unless the edition date of the page is the same as that of the
transmittal sheet. Stars are retained on reprinted pages to indicate
the last changes made on the page.
621548 044
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NOTE.—Pages of the October 31, 1943, edition bear no edition date in the lower
outside corner.
DEPOSITED BY THE
UNITED STATES OF AMERICA
GENERAL NOTES ON WAR SERVICE REGULATIONS
45
JAN 25'45
recommendations made by members of by proclamation, declares the war to be
Congress, see 'section 10 of the Civil over (departmental circular No. 511,
Service Act, page 10.
December 4, 1944).*
Types of appointment. On and after Meaning of terms "essential activi.
March 16, 1942, all original appoint- ties," "essential war activities," "es-
ments to positions under the jurisdic- sential occupations" and "critical war
tion of the war-service regulations will occupations.”+The terms "essential ac-
be termed "war-service appointments" tivities," "essential war activities,"' "es-
and made under regulation V. Ap- sential occupations," and "critical war
pointments, after a break in service, of occupations,” which are used in various
former civilian employees of the execu- departmental circulars and regulations
tive branch of the Federal Government issued by the Civil Service Commission,
who are eligible for reappointment un- are clarified in War Manpower Com-
der regulation VIII will, when made on mission Directive No. I (see page 349),
nomination by an appointing officer, A list of essential activities has been
be termed "war-service reappointments” furnished to appointing officers as an
and will be made under regulation VIII. attachment to departmental circular No.
Movements of personnel (eligible for 378, supplement 4, September 25, 1943.
transfer), either inter-agency or intra- Lists of essential occupations for essen-
agency, will be made under regulation tial activities are attached to depart-
IX when there is no break in service, mental circular No. 378, supplement 1,
and will be termed "war transfers." January 23, 1943, and supplement 2,
None of these appointments will of itself March 24, 1943.
confer a classified competitive civil- Meaning of term "appointing off-
service status.
cers.”—The situs of the appointing
Unless otherwise specifically limited, power, the extent to which it may be
such appointments may be for the delegated, and the meaning of the terni
duration of the war and for six months | “appointing officer,” are discussed in the
thereafter. Those appointments which notes on page 1.
are for periods specifically limited to Organization of the Commission. See
one year or less will be considered notes on page 17.
“temporary." Appointments which are Classified status.-Appointments un-
for a longer duration than one year der the war-service regulations do not
will unless otherwise specifically of themselves confer a classified com-
limited be designated as “indefinite" (de- petitive civil-service status (departmen-
partmental circular No. 323, revised, tal circular No. 323, supplement 6, Sep-
March, 30, 1942, and supplement 6 there-tember 9, 1942). With respect to the
to, September 9, 1942; action of Com- status of persons who were in the service
mission, February 15, 1944.)
on the effective date of the war-service
For a more detailed analysis of types regulations, see notes on pages 208
of personnel changes under various au- to 215.
thorities, see the table on page 207.02. With respect to classification gener-
*Meaning of phrase "duration of the ally, see civil-service rule II, and the
war."-The phrase, "duration of the notes thereto, on pages 219 to 235. See
war," as used in the war-service regi- | particularly the note on page 233 as to
lations, refers to the duration as legally suspension of section 6 of rule. II for
fixed, and not to the duration of hos- agencies subject to the war-service reg-
tilities. The date of legal termination ulations. With respect to classifica-
of the war is the date on which the Con- tion under the Ramspeck Act of Novem-
gress, by resolution, or the President,ber 26, 1940 (54 Stat. 1211), and the
(December 7, 1944)
45.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
various Executive orders issued under Commission's minute 1 of October 2,
or in connection therewith, see pages 1944).
328 to 343.
Under the terms of Executive Order
*Tenure of war-service appointeel. No. 9063, the authority for war-service
Incumbent war-service appointees will appointments, such appointments may
not be subject to termination :solely be-be terminated at any time, in the dis-
cause they do not have classified civil. cretion of the Commission, regardless of
service status (except insofar as the whether the war has been declared
possession of a classified status enters ended. In the event that it becomes nec-
into reduction-in-force procedures; see essary for the Commission to terminate
page 190) until such time as the posi-war-service appointments prior to the
tions which they occupy are opened to legal terniination of the war, the agen-
competitive examinations for appoint- cies and the affected employees will be
ments conferring classified civil-service given abiple advance notice, probably
status, or until the 6-month period fol- six months.
lowing the legal termination of the war The Civil Service Commission does
has expired. In the interim, they may not plan to return to the practice of
be separated prior to the end of the holding open competitive examinations
period for which their appointments for appointments conferring classified
were authorized only under the follow- civil-service status until some time after
ing conditions and procedures :
the cessation of hostilities in all of the
(a) Temporary war-service em- major theaters. It is expected that the
ployees may be separated from the serv- opening of positions to such competitive
ice at any time in the discretion of examinations will be gradual, with ex-
the agency.
aminations being given in some occupa-
(0) Indefinite war-service employees tional areas before they are given in
who have not completed the trial period others.
may be separated from the service in During the transition period in which
accordance with section 3 of war-service the war-service regulations are still in
regulation V (see page 28.01).
effect and the gradual return to open
(c) Indefinite war-service employees competitive examinations for appoint-
who have completed the trial period may ments conferring classified civil-service
be removed only for cause in accordance status has begun, it may be necessary to
with civil-service rule XII (see page
continue some war-service indefinite ap-
283) and section 14 of the Veterans' pointees in some positions even though
Preference Act of 1944 (see page 10.04), most of the positions in the same classes
Preference Act of 1944 (see page 10.04), and grades have been opened to such
for reduction in force in accordance with
the retention preference regulations competitive examination. Such action
may be necessary, for example, to avoid
for use in reduction in force (see page serious disruption of the liquidation pro-
185), or for inefficiency in accordance gram of an agency which is staffed
with the efficiency-rating system appll. Iargely by war-service appointees and
cable to the agency (in this connec- which is shortly to go out of existence.
tion, see page 165.01). The necessity of
Incumbent war-service appointees
making a position available for a for-who desire to compete in examinations
mer employee with established reem- which are opened for appointments con-
ployment or restoration rights is one of ferring classified civil-service status and
the circumstances which may give rise who meet the minimum qualifications
to a reduction in force (departmental will be able so to compete, except to
circular No. 511, December 4, 1944; 1 the extent that examinations are lim-
(December 7, 1944),
GENERAL NOTES ON WAR SERVICE REGULATIONS
45.02
ited to veterans by or pursuant to sec- appointees. It is therefore possible that
tion 3 of the Veterans' Preference Act some war-service appointees may be re-
of 1944 (see page 10.01). If successful tained in their positions temporarily be-
in this competition with returning vet- yond 6 months following the legal ter-
erans and other applicants, if within mination of the war. Retentions of this
reach for certification, and if selected nature would require the prior approval
from the certificate, they may receive of the Commission (departmental cir-
probational appointments conferring a cular No. 511, December 4, 1944).*
classified civil-service status. This is Eficienoy ratings.—The uniform efti-
the only manner in which war-service ciency-rating system which covers all
appointees without classified civil-serv- positions in the field and departmental
Ice status or eligibility therefor will have services allocated under the compensa-
an opportunity of receiving permanent tion schedules of the Classification Act
employment with a classified civil-serv- of 1923, as amended, or in accordance
ice status.
with Executive Order No. 6746 of June
When the Cornmission does resume 21, 1934, is prescribed in departmental
holding open competitive examinations | circular No. 458 of December 23, 1943,
for appointments conferring classified and set forth in detail in Civil Service
civil-service status, it will not be pos- Commission Forms 3823 (as amended by
sible to hold examinations at once for departmental circular Nos. 474, March
all positions now filled by war-service | 14, 1944, and 486, June 6, 1944) and
(December 7, 1944)
46
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
on
3823A. For the statutes governing the distinguished from annual leave
preparation and review of efficiency rat- granted to employees who enter the
ings, and the regulations for review, see armed forces) on pages 518 to 522; and
pages 402 to 406. With respect to effi- leave for service as juryman or witness,
ciency ratings in their relation to on pages 522 to 524. See also notes on
within-grade salary advancements, see terminal leave and effective date of
pages 402 to 403 and 447 to 459. With separation, pages 512 and 198.
respect to reduction in rank and sal- Appointments of Federal employees to
ary, or separation, for failure to attain State or local office. See notes
sufficiently high efficiency ratings, see page 443.
page 166. With respect to the effect of Entrance into the military service.-
efficiency ratings on the order of reduc-With respect to action to be taken con-
tion in force, see page 187.
cerning employees who enter the mili-
Within-grade salary advancements.-
tary service, and methods of reporting
Employees serving under indefinite ap- such entrance and return to duty there-
pointments under the war-service regu- after, see pages 197 and 207. With re-
lations, including those whose appoint- spect to the replacement of such em-
ments have been converted thereto from ployees, see page 518. With respect to
temporary appointments under the civil- the rights to Federal employment of per-
service rules, are regarded as occupy- sons who have entered the armed forces,
ing “permanent positions” within the
see page 21 as to postponement of filing
meaning of the act of August 1, 1941 for civil-service examinations; page 245
(55 Stat. 614), and are entitled to
as to entry on civil-service registers and
salary advancements within grade vipon lists; the material on "Preference, vet-
meeting the othe requirements of that erán” referred to in the index as to vet-
act. Employees erving under appoint-
eran preference; pages 144.01 to 145 as
ments designated in the war-service to earning of within-grade salary ad-
regulations as truporary” (see page vancements while in the armed forces ;
45) are not eligible for such salary ad-
pages 221, 330, and 335 as to acquisition
vancements within grade (21 Comp. of a classified status by persons who
Gen. 369, October 27, 1941; 21 Comp. enter the armed forces; pages 137 to
Gen. 924, April 10, 1942). For text of
145 as to mandatory reinstatement;
the act of August 1, 1941, and of the and pages 483 and 507 as to entitlement
regulations thereunder, see pages 447 toto accumulated and accrued annual
450.
leave concurrently with active military
Leave of absence.--Annual leave (in- or naval duty.
cluding the granting of accumulated
Complaints of subversive activity on
and accrued annual leave to employees the part of Federal employees. For
who enter the armed forces) is dis- procedure in dealing with charges of
cussed on pages 481 to 518; sick leave, şubversive activity on the part of Fed-
on pages 484 to 518; military leave (as eral employees, see notes on page 423.
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT 88.01
pointment to a position the salary for Where an employee ceases to be
which is prescribed by the Classification compensated under the 40-hour week
Act, an employee may be paid initially statute of March 28, 1934 (see page
at any rate in the salary range of the 464.01) and becomes subject to the
grade for the position to which re- Classification Act of 1923, as amended,
appointed which does not exceed the either through transfer from one posi-
rate *received at the time of his last tion to another or through the initial
separation from service, regardless of allocation of his position under the
the agency in which employed, t ex- Classification Act, his salary rate may
cept when an increase over this rate is be that of such salary step in the classi-
necessary in order to pay the minimum fied grade to which the position is allo-
of the grade to which reappointed. cated as will cause no loss, or as little
*However, the initial salary rate may loss as possible, in the total compensa-
not be fixed above the grade minimum tion when the gross compensation (in-
on the basis of a higher rate received in clusive of overtime compensation) au-
other than the last position, even though thorized for the unclassified position is
the higher rate was received durlag compared with the gross compensation
former service in the reappointing (basic plus overtime or additional war-
agency.* The rule permitting reap- time compensation) authorized for the
pointment at a rate above the minimum classified position for the same period
rate of the grade is applicable regard of time (23 Comp. Gen. 160, Septem-
less of the law and civil-service regula- ber 1, 1943; 24 Comp. Gen. 102, August
tion pursuant to which reemployment is 11, 1944). It is optional with the
effecten, unless otherwise required by administrative office whether this
such law or regulation ; for example, it comparison between the gross rates
applies to a former employee who, upon of compensation be made, or whether
reemployment, was given a "new ap the comparison be made between the
pointment" in a classified position under basic rates of compensation in the un-
war-service regulation V when she classified and classified positions, for
failed to qualify for “reappointment” the purpose of determining which result
under war.service regulation VIII (de- is more advantageous to the employee;
cisions, Comptroller General, September however, the two rules may not be com-
25, 1944, and November 9, 1944 ; 22 Comp. bined and applied so as to pay a basic
Gen. 925, March 29, 1943, citing 8 Comp. rate of compensation in the classified
Gen. 400, February 2, 1929; 9 Comp. position to include both the basic com-
Gen. 193, November 9, 1929; 13 Comp. pensation and the overtime or wartime
Gen. 322, May 4, 1934; 15 Comp. Gen. additional compensation previously re-
102, August 6, 1935 ; 15 Comp. Gen. 797, ceived in the unclassified position (de-
March 14, 1936; 16 Comp. Gen. 598, cision, Comptroller General, October 4,
December 17, 1936; 16 Comp. Gen. 994,
1944).
May 10, 1937; 17 Comp. Gen. 1061, June
*Where an employee not entitled to
9, 1938; 19 Comp. Gen. 20, July 7, 1939;
18 Coinp. Gen. 223, September 6, 1938 ; service regulations is reduced to his
reemployment benefits under the war-
19 Comp. Gen. 763, February 28, 1940;
19 Comp. Gen. 845, April 8, 1940; 20 former grade after his promotion, trans-
Comp. Gen. 17, July 10, 1940; 20 Coinp. fer, or reassignment to fill a vacancy
Gen. 451, February 14, 1941; 20 Comp. occasioned by another employee's en-
Gen. 579, March 31, 1941; 21 Comp. trance into military service, it is en-
Gen. 326, October 13, 1941; 21 Comp. tirely within administrative discretion
Gen 386, October 28, 1941; 21 Comp. whether the initial salary rate shall be
Gen. 791, February 21, 1942; 22 Comp. fixed at a prescribed rate above the min-
Gen. 489, November 23, 1942).
imum for the grade to which retrans-
(December 7, 1944)
88.02 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
ferred, not in excess of the rate received | recognized as proper by decisions of the
in the position temporarily occupied, or Comptroller General, and covered by the
at the minimum rate. Where the em- Commission's departmental circular No.
ployee is entitled to reemployment rights 394, supplement 2, January 16, 1943, of
and benefits under the war-service reg- paying a differential in compensation
ulations, and his return to his foriner not to exceed 25 percent to employees
position was effected through the exer- with posts of duty outside the conti-
cise of those rights and upon his meeting nental limits of the United States. This
the terms and conditions prescribed by practice is general in scope and appli-
the regulations, he bas a vested right to cable regardless of the law pursuant to
the salary rate which he received in his which the basic compensation of the
former position, plus any within-grade employees is paid (23 Comp. Gen. 319,
salary advancements which he would November 1, 1943). As the rule author-
have received had he remained therein ; izing transfers between classified posi-
his restoration at a rate above that to tions without loss of basic compensation,
which he has a vested right would be stated elsewhere on this page, was
subject to the rule set forth in the first intended to save basic compensation at-
sentence of this paragraph (23 Comp. tained by operation of the Classification
Gen. 201, September 18, 1943; 23 Comp. Act of 1923, as amended by the act of
Gen. 265, October 8, 1943 ; 23 Comp. Gen. August 1, 1941 (see page 447), it is not
471, December 31, 1943; decision, Comp- for application to save, upon transfer
troller General, November 9, 1944).* to a position within the continental
As to the payment of less than the United States, a differential based solely
statutory rate, see statute on “Vol- upon the location of the former position
untary service" and notes thereto on outside the continental United States
(decision, Comptroller General, Septem-
There is an administrative practice, 1 ber 4, 1944).
page 425.
(December 7, 1944)
!
NOTES ON REENTRY INTO THE FEDERAL SERVICE
137.
January 20, 1940). Oficers ordered to duty or such service, has left or leaves a
duty at their own request or only with position, other than a temporary po-
their own consent derive any reemploy- sition, in the employ of any employer
ment rights tiey may have from one of and who (1) receives such certificate,
the other statutes quoted below.
(2) is still qualified to perform the
(2) Members of reserve compo- duties of such position, and (3) makes
nents.--Section 3 of the act of August application for reemployment within
27, 1940 (54 Stat. 859; 50 (App.) U. S. Aninety* days after he is relieved from
C. 1940 ed. 403), as amended by the act such active duty or service for from
of September 16, 1940 (54 Stat. 891) hospitalization continuing after dis-
by the act of July 28, 1942 (56 Stat. charge for a period of not more than
723), tand by the act of December 8, one year—*
1944 (Public Law 473),* provides as "(A) if such position was in the em-
follows:
ploy of the United States Government,
“(a) Any member of any reserve its Territories or possessions, or the
component of the land or naval forces District of Columbia, such person shall
who is on active duty or who may be be restored to such position or to a
assigned to active duty and who, in position of like seniority, status, and
the judgment of those in authority over pay;
him, satisfactorily completes such ac-
tive duty, and any person so ordered
"(c) Any person who is restored to
into the active military service of the a position in accordance with the pro-
United States who, in the judgment of visions of paragraph (A) or (B) of
those in authority over him, satisfac- subsection (b) shall be considered as
torily completes the period of service having been on furlough or leave of ab-
required under this joint resolution, sence during his period of active mili-
shall be entitled to a certificate to that tary service, shall be so restored with-
effect upon the completion of such active out loss of seniority, shall be entitled
duty or such period of service, which to participate in insurance or other
shall include a record of any special benefits offered by the employer pur-
proficiency or merit attained. In ad-suant to established rules and practices
dition, each such person who is as- relating to employees on furlough or
signed to such active duty or ordered leave of absence in effect with the em-
into such active military service shall ployer at the time such person was
be given a physical examination at the ordered into such service, and shall not
beginning of such active duty or serv- be discharged from such position with-
ice; and upon the completion of the out cause within one year after such
period of such active duty or service, restoration.".
each such person shall be given an-
The section just cited applies to re-
other physical examination and, upon servists who were already on active
the written request of the person con- duty on August 27, 1940, the date of
cerned, shall be given a statement of its enactment, as well as to those who
medical record by the War Depart. tive duty under the authority of the
have been subsequently ordered to ac-
ment: Provided, That such statement
statute (20 Comp. Gen. 776, May 14,
shall not contain any reference to
1941).
mental or other conditions which in the
With respect to the compensation of
judgment of the Secretary of War or l' reservists for service in or leave from
the Secretary of the Navy would prove their civilian positions during such pe-
injurious to the physical or mental | riods of duty, and the granting of
health of the person to whom it per-' annual and military leave for such
tains.
service, see notes on pages 507 and 520.
“(b) In the case of any such person (3) Persons inducted under the se-
who, in order to perform such active lective Training and Service Act:-Sec-
(December 7, 1944)
138 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
tion 3 (b) of the Selective Training is still qualified to perform the duties
and Service Act of 1940 (54 Stat. 885, of such position, and (3) makes appli-
September 16, 1940; 50 (App.) U. S. C. cation for reemployment within *nine-
1940 ed. 303), provides for entry into ty* days after he is relieved from such
the military or naval forces either by training and service, Kor from hospi-
selectio:: and induction through the talization continuing after discharge for
selective-service procedure or by vol-a period of not more than one year--*
unteering under such procedure. Sec- “(A) if such position was in the em-
tion 8 of the same act (54 Stat. 890, ploy of the United States Government,
September 16, 1940; 50 (App.) U. S. C. its Territories or possessions, or the
1940 ed. 308), as amended by the act District of Columbia, such person shall
of July 28, 1942 (56 Stat. 724), *and be restored to such position or to a
by the act of December 8, 1944 (Public position of like seniority, status, and
Law 473),* makes the following pro- pay;
vision for mandatory reinstatement of
employees who enter the armed forces "(c) Any person who is restored to a
in this manner:
position in accordance with the provi-
“(a) Any person inducted into the sions of paragraph (A) or (B) of sub-
land or naval forces under this act for section (b) shall be considered as hav-
training and service, who, in the judg- ing been on furlough or leave of ab-
ment of those in authority over him, sence during his period of training and
satisfactorily completes his period of service in the land or naval forces,
training and service under section 3 shall be so restored without loss of
(h) shall be entitled to a certificate seniority, shall be entitled to partici-
to that effect upon the completion of pate in insurance or other benefits of-
such period of training and service, fered by the employer pursuant to
which shall include a record of any established rules and practices relating
special proficiency or merit attained. to employees on furlough or leave of
In addition, each such person who is absence in effect with the employer at
inducted into the land or naval forces the time such person was inducted into
under this act for training and service such forces, and shall not be discharged
shall be given a physical examination from such position without cause within
at the beginning of such training and one year after such restoration."
service; and upon the completion of (4) Persons who enlist or otherwise
his period of training and service un- enter upon active military or naval
der section 3 (b), each such person duty after May 1, 1940.--Section 7 of
shall be given another physical exam- the Service Extension Act of 1941 (55
ination and, upon the written request Stat. 627, August 18, 1941; 50 (App.)
of the person concerned, shall be given U. S. C. 1940 ed., supp. III, 357),
a statement of medical record by the amended by the act of December 8,
War Department: Provided, That such 1944 (Public Law 473),* provides as
statement shall not contain any ref- follows:
erence to mental or other conditions
"Any person who, subsequent to May 1,
which in the judgment of the Secre 1940, and prior to the termination of the
tary of War or the Secretary of the authority conferred by section 2 of this
Navy would prove injurious to the joint resolution, shall have entered upon
physical or mental health of the person active military or naval service in the
to whom it pertains.
land or naval forces of the United States
“(b) In the case of any such person shall be entitled to all the reemploy-
who, in order to perform such training ment benefits of section 8 of the Selec-
and service, has left or leaves a positive Training and Service Act of 1940*,
tion, other than a temporary position, as amended, to the same extent as in
in the employ of any employer and the case of persons inducted under said
who (1) receives such certificate (2) | act: Provided, That the provisions of
*as
(December 7, 1944)
NOTES ON REENTRY INTO THE FEDERAL SERVICE 145.02
were
Training and Service Act or war-service, the November 30, 1941, edition of the
regulation XIII, may nevertheless, at Act and Rules), or under the act of June
the discretion of his agency and regard- 23, 1943, providing mandatory restora-
less of whether he was separated or tion rights to civilian positions after
placed on furlough or leave without pay service in the Merchant Marine (see
at the time he left the agency to enter page 136). These policies will not be
the armed forces, be:
construed as extending the tenure of.
(1) Recalled to duty by his agency employment of persons who
without the prior approval of the Civil originally appointed for the duration of
Service Commission within one year the war or for the duration of the war
after discharge, in his former position and six months thereafter. În no case
or in a position of like seniority, status, will the leave-without-pay or furlough
and pay, or in a position to which, ac- .status be recognized as continuing be-
cording to the records of the agency, yond the limitation, if any, attached to
and according to the promotion regula- the appointment originally.
tions then in effect, he would have been Appointments of former classified em-
promoted if he had not been absent to ployees who are honorably discharged
perform military or naval service; pro- from the military service and who fail
vided, that where the recall to duty will of, or do not desire, mandatory restora-
constitute a promotion or reassignment |tion under the provisions of the Selec-
requiring the prior approval of the Com- tive Training and Service Act, as
mission, approval for such promotion or amended, may, at the request of the
reassignment must be secured before en- employee and the requesting agency,
trance on duty. (See page 157 as to be approved under çivil-service rule IX
promotion regulations and requirement or X, as the case may be, rather than
of prior approval.)
under war-service regulation VIII or IX.
(2) Considered for transfer to an- This provision also applies to classified
other Federal agency within one year employees having mandatory restora.
after discharge.
tion rights to civilian positions under the
The policies 'set forth above are also act of June 23, 1943 (see page 136), after
applicable to persons carried on leave service in the Merchant Marine (depart-
without pay by a Federal agency under mental circular No. 494, revised, Sep-
authority of section 4 of war-service tember 20, 1944; Commission's minute
regulation IX (see page 34), under Ex- 1 of November 6, 1943, as amended by
ecutive Order No. 8973 (see page 94 of minute 2 of September 4, 1944).*
(October 5, 1944)
NOTES ON REENTRY INTO THE FEDERAL SERVICE
146
REEMPLOYMENT BENEFITS ACQUIRED employee under Executive Order No.
THROUGH TRANSFER
8973 of December 12, 1941, or Execu-
Types of transfers which carry reem-
tive Order No. 9067 of February 20,
ployment benefits.-See sections 2 (a), 1942. For the text of these orders,
3 (a), and 4 of war-service regulation see pages 94 and 308 of the Novem-
IX. For partial lists of employees who ber 30, 1941, edition of the Act and
cannot be transferred with reemploy-
Rules.
ment rights, see page 148.
Agency in which transferred employee
Reemployment rights will not be is entitled to reemployment benefits.-
granted in any transfer where a state See paragraphs (0) and (c) of section
ment of availability is accepted as a re-
5 of war-service regulation IX. An
lease and negotiation with the losing employee who is transferred to one
agency is dispensed with.
agency with reemployment rights, and
*If a Federal employee is in a bona later transferred to a second agency,
fide terminal-leave status at the time also with reemployment rights, has re-
negotiations for his transfer are initi- employment rights in the agency from
ated by the Commission, and the trans- which originally transferred, and not
fer is authorized with reemployment in the agency from which subsequently
rights, his reemployment rights will, at transferred (letter to the Administra-
most, consist of the right to return to tor of the Federal Security Agency,
such terminal leave status only, except May 21, 1943).
insofar as the Commission may deter-
As to employees who entered the
mine that individual cases, because of armed forces from a position to which
peculiar circumstances, should not in they were transferred with reemploy-
Justice to the employee or the agency be ment rights, see page 143.
determined in strict accordance with
Notice of entitlement to reemploy-
this ruling. The phrase "bona fide" as
ment rights.-In inter-agency transfers
used herein should be construed as ap- which are authorized by the Commis-
plying either to an action taken by the sion, notice of the employee's entitle-
agency without regard to the transfer, ment to reemployment benefits will be
which resulted in the involuntary sepa- furnished to the agency to which such
ration of the employee, or to an action benefits are applicable. In all 'intra-
voluntarily initiated by the employee; agency transfers in which employees
it will not be construed as applying to are entitled to reemployment benefits,
cases where the facts indicate that the notice of entitlement to such benefits
terminal-leave status resulted from the should be furnished by the agency to
employee's impending entry into the the employee, and a report of such
armed forces or from his impending transfers must be made to the Civil
transfer to a particular position in a Service Commission within one week
specific Federal agency (based on Com-after the effective date of the transfer
mission's minute 1 of October 25, 1944, (departmental circular No. 323, revised,
and action of Commission, December 4, March 30, 1942).
1944).*
Completion of probationary or trial
Executive Order No. 9243 of Septem- period after transfer..See section 11
ber 12, 1942, under the authority, of of war-service regulation IX, page 38.
which War Manpower Commission Di- Persons initially appointed for the due
rective No. X and the present war-ration of the war. Employees who were
service regulation IX were issued, pro- initially appointed for the duration of
vides that nothing contained therein the war and are subsequently trans-
shall be construed to affect reemploy- ferred with reemployment benefits will,
ment rights theretofore acquired by any | upon being involuntarily furloughed or
(December 7, 1944)
146.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
cause
terminated without
such as circular No.
as circular No. 323, revised, March 30,
would reflect upon their suitability | 1942). For information about the war-
for reemployment in the Federal reemployment list, see war-service regu-
service, be required to be restored lation XIV, page 41, and notes on page
only for the duration of the war. 124.
At the cessation of the war,
the Consideration after transfer for pro-
reemployment rights of persons ap- motion in former agency.See para-
pointed for the duration of the war will graph (e) of section 5 of war-service
consist merely of eligibility for entry regulation IX.
on the reemployment list since at that Conditions requisite to the invocation
time their positions, or positions of like of reemployment benefits. The reem-
status, will not exist (departmental | ployment benefits provided by section 5
(December 7, 1944)
CERTIFICATION OR APPOINTMENT PRIOR TO WAR-SERVICE REGS. 209
In all cases, action with respect to classified civil-service status by virtue
classification will be taken in accord- of such transfer, promotion, or assign-
ance with the recommendation, regard- ment; his status will be that of a war-
less of promotions or transfers subse- service appointee (departmental circu-
quently made. A certificate authoriz lar No. 428, June 11, 1943).
ing classification in one position can- With respect to employees who fail to
not be used for classification in some meet the requirements for classification
other position. If classification is of the Ramspeck Act and related Execu-
authorized, it must be made effective on tive orders, as distinguished from those
a date on which the employee was serv- of section 6 of civil-service rule II,
ing in the position for which the certifi- see note below.
cate is issued. The certificate of clas- Persons who fail to be classified under
sification or notification of ineligibility, the Ramspeck Act and related Executive
as the case may be, will be sent to the orders. — Persons occupying positions
agency which made the recommendation which were included in the classified
for classification, even though the em- civil service on January 1, 1942, by
ployee may have transferred to some section 1 of Executive Order 8743 of
other part of the Federal service (de- April 23, 1941 (see page 329) and persons
partmental circular No. 291, supplement who were promoted or transferred to
5, June 5, 1942, and supplement 10. De other positions under section 2 of Ex-
cember 17, 1942; departmental circu- ecutive Order 8833 of July 26, 1941
lar No. 303, January 2, 1942; depart-(see page 337), who were not recom-
mental circular No. 323, revised, March mended for a classified civil-service
30, 1942).
status before January 1, 1943, will be
Persons retained in status quo with permitted to continue in the service
out acquiring a classified status.Sec-without acquiring a classified civil-serv-
tion 6 of civil-service rule II, which is ice status, and after January 1, 1943,
the 'general authority for conferring a and so long as the war-service regula-
classified status upon the incumbent of tions are operative, may be transferred,
a position when it is placed in the promoted or assigned in accordance with
classified (competitive) service the war-service regulations and the
otherwise is made subject to competitive procedures and standards set forth in
examination, provides that any such in departmental circular No. 257, revised
cumbent who fails to meet its require (see page 157), to any position subject
ments for classification inay, in the dis- to such regulations for which they can
cretion of the head of the agency con qualify. No employee will acquire a
cerned, be retained in the position in classified civil-service status by virtue
which he is serving without acquiring of such transfer, promotion, or assign-
a classified (competitive) status. So ment; his status will be that of a war-
long as the war-service regulations are service appointee. This paragraph also
operative, the Commission will permit applies to employees who were recom-
employees serving in status quo because mended but failed to be classified for
of failure to meet the requirements of one of the reasons not requiring separ-
section 6 of rule II to be transferred, ation from the service (departmental
promoted, or assigned in accordance circular No. 277, supplement 1, Jan-
with war-service regulations and the uary 26, 1943; departmental circular
procedures and standards set forth in No. 291, supplement 11, December 18,
departmental circular No. 257, revised 1942; departmental circular No. 428,
(see page 157), to any position subject | June 11, 1943). The same rulings apply
to such regulations for which he can to employees subject to section 1 of
qualify. No employee will acquire a Executive Order No. 8833 of July 26,
or
CERTIFICATION OR APPOINTMENT PRIOR TO WAR-SERVICE REGS. 210
1941 (see page 337), to section 2 of service regulations of an individual
Executive Order No. 8939 of November who would otherwise be separated be-
13, 1941 (see page 339), to section 2 of cause he had been found ineligible for
Executive Order No. 8952 of November classification under the Ramspeck Act,
27, 1941 (see page 340), or to section 2 provided that such individual is found
of Executive Order No. 9005 of Decem- to be qualified for a war-service appoint-
ber 30, 1941 (see page 342).
ment. The following procedure will be
Persons · who are recommended for observed where the position occupied by
classification under the Ramspeck Act such individual is one subject to the war-
or one of the related orders referred to service regulations, including positions
in the preceding paragraph, but fail to in the Board of Public Welfare for the
meet the examination requirements (in- District of Columbia:
cluding the citizenship requirements) or (1) Whenever an individual is found
to pass the examination, must, under to be ineligible for classification, deter-
the Ramspeck Act, be separated from mination will be made as to his eligibil-
the service not later than six months ity for a war-service appointment in the
after the Commission advises the position occupied by him. In arriving
agency that they have failed. *Any at a conclusion, his service in the posi-
terminal leave to which the employee is tion subject to the Ramspeck Act in
entitled must be taken within this six- which he failed to secure a classified
months period to avoid forfeiture status will be considered together with
(departmental circular No. 291, Novem- his other qualifications. At the time
ber 24, 1941, and supplement 2 thereto, the recommending agency is notified of
December 30, 1941; decision, Comp- the employee's ineligibility, it will also
troller General, November 13, 1944). be informed whether or not a war-serv-
An appeal from disapproval of classi. ice appointment is authorized. If a war-
fication under the Ramspeck Act will service appointment under section 3 of
not stay the running of the statutory re-war-service regulation IX is authorized
quirement that the employee shall be and the department desires to use such
separated within six months of date of authority, it should be effected immedi-
disapproval of classification. If an apately following separation under the
peal is received within the six-months Ramspeck Act so that there will be no
period but not within sufficient time to break in service. The future status of
complete action before the expiration such appointees will be the same as that
date, the appeal will be carried to final of any other appointee under the war-
determination. The employee must be
service regulations.
separated, as required by law, and in
the event of a favorable decision he will tion II provides that “a noncitizen may
(2) Section 1 of war-service regula-
then be regarded as eligible for rein-
be appointed through noncompetitive
statement (Commission's minute 3 of
November 2, 1944).*
examination provided no citizen eli-
In cases where the position left va-
gible is available and that the depart-
cant by the separation of an individual ment or agency degiring his services has
found ineligible for classification under specific authority to employ nonciti-
the Ramspeck Act would be filled by a
zens."
war-service appointment, the Commis- (3) It is not necessary to transmit a
sion will authorize the reemployment medical certificate with individual rec-
in the same position under the war- lommendations for classification under
(December 7, 1944)
210.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
the Ramspeck Act if the agency, in mak- will be returned to the agency concerned
ing its recommendation, certifies that for review and a decision whether it is
the employee is performing the duties of desired to make the certification re-
his position in an acceptable manner, ferred to above. If the agency is not
and that he does not constitute an em- willing to make this certification, deter-
ployment hazard to himself or to others. mination will then be made, and the
In cases where a medical certificate is agency advised as to whether a war-
submitted, and it shows that the person service appointment is authorized.
has a defect which would ordinarily bar (4) In cases where separation has al-
his classification, the medical certificate I ready been made in accordance with sec-
1
(December 7, 1944)
SCHEDULE B OF THE CIVIL SERVICE RULES
1
POSITIONS WHICH MAY BE FILLED UPON NONCOMPETITIVE
EXAMINATION
[As amended by Executive Order No. 9004, December 30, 1941]
The Civil Service Commission with the concurrence of the department or
agency concerned may revoke in whole or in part any paragraph of Schedule
A or B.'
Final decision as to whether the duties of any position in the executive civil
service are such that appointments thereto are authorized under any paragraph
of Schedule A or B shall rest with the Civil Service Commission.”
I. INTERIOR DEPARTMENT
1. Any competitive position at an Indian school when filled by the wife of a
competitive employee of the school, wlien because of isolation or lack of quar-
ters, the Commission deems it in the interest of the service to have appointment
made upon noncompetitive examination.
2. Twelve field representatives to act as the immediate and confidential repre-
sentatives of the Conmissioner of Indian Affairs, subject to such evidence of
qualifications as the Commission may prescribe after consultation with the
Commissioner of Indian Affairs.
3. Civilian Conservation Corps : Civilian field positions in Civilian Conservation
Corps camps at not to exceed a rate of $1,320 per unnum, when filled by the
promotion of active enrollees.3
II. FEDERAL WORKS AGENCY
1. Administrative or custodial positions in the field service of the United
States Housing Authority* relating to the management or maintenance of Fed-
1 Proferenco in Schedule B examinations.—Preference to honorably discharged soldiers,
sailors, marines, etc., will be allowed in appointments based upon noncompetitive
examinations under Schedule B (Commission's minute 2 of September 28, 1920).
Temporary appointment pending appointment under Schedule B.-General authority has
been given for temporary appointment, not to exceed 30 days, if necessary in emergencies,
with the distinct understanding that the department's proposal for the appointment under
Schedule B be submitted without delay. The report of temporary appointment made under
this authority should be submitted promptly by letter to the Commission's central office.
The Commission has extended this general authority to 60 days in the case of the War
and Navy Departments, and has authorized the automatic extension of the temporary
appointment for a period of 30 days (making 90 days in all), without further authority
from the Commission, in cases where the War or Navy Department has initiated the
request for authority for the Schedule B appointment on or before the date temporary
appointment is effective and action by the Commission is not completed within 60 days
(departmental circular No. 163, April 30, 1938; Commission's minute 8 of May 28, 1940, and
Commission's minute 3 of July 17, 1940).
Requests for authorization of Schedule B appointments.--Authority to approve the quall-
ications of proposed candidates for appointment under Schedule B has not been delegated
to field oficials of the Commission except in the case of appointments under schedule
B-IV-3 in the War Department, for recruiting on the mainland and subsequent employ.
ment in Hawaii. Authority to approve appointments of the latter type *(including author-
ity to negotiate releases for and approve transfer to such positions) has been dele-
gated to all regional directors, and they have been further authorized to delegate this
authority to their representatives on the mainland. All other Schedule B cases (including
all other Schedule B-IV-3 cases outside of War Department appointments in Hawaii) are
to be referred by the agencies to the central office of the Commission for prior approval of
qualifications (action of Commission, July 14, 1944 ; *Commission's minute 2 of September
14, 1944 ; action of Commission, November 28, 1944).*
Effcot of employment-stabilization programs on recruitment for Schedule B positions. See
Page 49.
Reports to the Commission of Schedule B appointments. See page 204.
* These paragraphs, which appeared near the end of Executive Order No. 9004, have been
transferred to the head of Schedule B for convenience in reference.
8 The act of July 12, 1943 (57 Stat. 494), requires the liquidation of the Civilian
Conservation Corps not later than June 30, 1944.
* The United States Housing Authority has been transferred to the National Housing
Agency as the Federal Public Housing Authority by Executive Order 9070, February 24,
1942.
315
(December 7, 1944)
316 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
eral low-rent housing projects which, in the opinion of the Commission cannot be
filled satisfactorily through open competitive examinations ; provided, that no
position shall be filled under this paragraph unless it is clearly demonstrated
that the best interests of the service will be served thereby.
III. DEPARTMENT OF COMMERCE
1. Not to exceed six specialists who may be employed in the United States for
the purpose of promoting the foreign and domestic commerce of the United
States.
2. Revoked by Executive Order No. 9239, September 8, 1942.
IV. WAR DEPARTMENT
1. Positions of military storekeeper in the Signal Service at Large when filled
by retired noncommissioned officers of the signal Corps.
2. Four positions of headquarters messenger at the headquarters of the
Philippine Department, when filled by honorably discharged enlisted men who
have been on duty at those headquarters.
3. Any person employed in an area outside the continental limits of the United
States (except the Canal Zone and Alaska), when in the opinion of the Secretary
of War the best interests of the service so require."
4. Classified positions in the field service of the War Department when Alled
by the promotion of unclassified laborers appointed under the Labor Regulations,
subject to the approval of the Commission.
5. Civilian Conservation Corps: Civilian field positions in Civilian Conserva-
tion Corps camps at not to exceed a rate of $1,320 per annum, when filled by
the promotion of active enrollees.
6. Civilian Conservation Corps: Positions of subaltern in Civilian Conserva-
tion Corps camps when filled by the promotion of active enrollees who have
satisfactorily completed a prescribed course of instruction of the subaltern school."
0
V. DISTRICT OF COLUMBIA
1. Surgeons of the police and fire departments of the District of Columbia.
VI. TREASURY DEPARTMENT
1. Classified positions in the field service of the Treasury Department, when
filled by the promotion of unclassified laborers appointed under the Labor
Regulations, subject to the approval of the Commission.
VII. STATE DEPARTMENT
1. Specialists in foreign relations, political, economic, and financial, whose
proposed compensation is $3,200 or more, and whose training and experience
along the lines of their proposed duties meet the standard minimum qualifications
set up in open competitive examinations for positions in the professional service
for corresponding grades.
* The War Department has been granted authority under this paragraph for the appoint-
ment in the continental United States and preliminary training, not to exceed 90 days, of
persong for duty in the Hawaiian Islands, in connection with defense projects (Commission's
minute 3 of May 7, 1941). As to procedure for submitting requests for authorization of
such appointments, see notes on page 816. Journal reports of appointments of this nature
should be routed to the Commission's central office, and should bear suficient identifying
data to show which of the Commission's field offices approved the qualifications of the
person recruited (actions of Commission, July 14 Aand August 31, 1944).*
• The act of July 12, 1943 (67 Stat. 494), requires the liquidation of the Civilian
Conservation Corps not later than June 30, 1944.
(August 31, 1944)
PROVISIONS GOVERNING THE CONDUCT OF OFFICERS
AND EMPLOYEES
AUTHORITY TO PRESCRIBE REGULATIONS GOVERNING
THE CONDUCT OF EMPLOYEES
The head of each department is authorized to prescribe regulations,
not inconsistent with law, for the government of his department, the
conduct of its officers and clerks, the distribution and performance of
its business, and the custody, use, and preservation of the records,
papers, and property appertaining to it (section 161 of the Revised
Statutes; 5 U.S. C. 1940 ed. 22).
NOTES ON THE REGULATION-MAKING POWER
(For notes on the rule-making power, without the most cogent and persuasive
see page 18).
reasons" (Robertson v. Downing, 1888,
Presidential authority to prescribe 127 U. S. 613). Upon this general sub-
regulations governing the conduct of Ject see also the following opinions of
employees.-See section 1753 of the Re- Attorneys General: 10 Op. Atty. Gen.
vised Statutes, page 4.
469, March 19, 1862; 11 Op. Atty. Gen.
Validity of regulations.-"The regu- 109, October 8, 1864; 15 Op. Atty. Gen.
lation of a department of the Govern- 94, May 15, 1876; 22 Op. Atty. Gen. 167,
ment is not, of course, to control the August 1, 1898; and 22 Op. Atty. Gen.
construction of an act of Congress when 266, November 17, 1898.
its meaning is plain, but when there Under civil-service rule XVI, no ex-
has been a long acquiescence in a reg. ecutive department or agency may
ulation and by it rights of parties for make any modification of its civil-
many years have been determined and service regulations without the approval
adjusted, it is not to be disregarded l of the Commission. (See page 291).
REMOVAL OR DESTRUCTION OF RECORDS OR
DOCUMENTS
Whoever shall willfully and unlawfully conceal, remove, mutilate,
obliterate, or destroy, or attempt to conceal, remove, mutilate, ob-
literate, or destroy, or, with intent to conceal, remove, mutilate, ob-
literate, destroy, or steal, shall take and carry away any record, pro-
ceeding, map, book, paper, document, or other thing, filed or deposited
with any clerk or officer of any court of the United States, or in
any public office, or with any judicial or public officer of the United
States, shall be fined not more than $2,000, or imprisoned not more than
three years, or both (section 128 of the Criminal Code, act of March
4, 1909, 35 Stat. 1111; 18 U.S. C. 1940 ed. 234).
407
408 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
Whoever, having the custody of any record, proceeding, map, book,
document, paper, or other thing specified in the preceding section,
shall willfully and unlawfully conceal, remove, mutilate, obliterate,
falsify, or destroy any such record, proceeding, map, book, document,
paper, or thing, shall be fined not more than $2,000, or imprisoned
not more than three years, or both; and shall moreover forfeit his
office and be forever afterward disqualified from holding any office
under the Government of the United States (section 129 of the
Criminal Code, act of March 4, 1909, 35 Stat. 1112; 18 U. S. C. 1940
ed. 235).
PRIVATE USE OF GOVERNMENT VEHICLES
*Unless otherwise specifically provided, no appropriation avail-
able for the executive departments and independent establishments
for the fiscal year 1945 in this act or any other act, shall be expended-
*
*
**
(b) For the maintenance, operation, and repair of any Government-
owned motor-propelled passenger-carrying vehicle not used exclu-
sively for official purposes; and “official purposes” shall not include
the transportation of officers and employees between their domiciles
and places of employment, except in case of medical officers on out-
patient medical services and except in cases of officers and employees
engaged in field work the character of whose duties makes such
transportation necessary and then only as to such latter cases when the
same is approved by the head of the department or establishment
concerned. Any officer or employee of the Government who uses or
authorizes the use of any Government-owned motor-propelled pas-
senger-carrying vehicle, or of any motor-propelled passenger-carrying
vehicle leased by the Government, for other than official purposes or
otherwise violates the provisions of this subsection shall be summarily
removed from office. The limitations of this subsection (b) shall not
apply to any motor vehicles for official use of the President, the heads
of the executive departments, Ambassadors, Ministers, charges
d'affaires, and other principal diplomatic and consular officials (sec-
tion 202 of the act of June 27, 1944, Public Law 358, 78th Cong.).*
RELATIONS WITH CONGRESS 1
USE OF APPROPRIATIONS TO INFLUENCE CONGRESS
Hereafter no part of the money appropriated by this or any other
act shall, in the absence of express authorization by Congress, be used
1 See also notes on "Interference with administrative or legislative proceedings," page 286.
(December ,
7, 1944)
CONDUCT OF OFFICERS AND EMPLOYEES
408.01
directly or indirectly to pay for any personal service, advertisement,
telegram, telephone, letter, printed or written matter, or other device,
intended or designed to influence in any manner a Member of Con-
gress, to favor or oppose, by vote or otherwise, any legislation or
appropriation by Congress, whether before or after the introduction
of
any
bill or resolution proposing such legislation or appropriation;
but this shall not prevent officers and employees of the United States
from communicating to Members of Congress on the request of any
Member or to Congress through the proper official channels, re-
quests for legislation or appropriations which they deem necessary
for the efficient conduct of the public business.
Any officer or employee of the United States who, after notice and
hearing by the superior officer vested with the power of removing
him, is found to have violated or attempted to violate this section,
shall be removed by such superior officer from office or employment.
Any officer or employee of the United States who violates or attempts
to violate this section shall also be guilty of a misdemeanor and on
conviction thereof shall be punished by a fine of not more than $500
or by imprisonment for not more than 1 year, or both (section 6 of
the act of July 11, 1919, 41 Stat. 68; 18 U.S. C. 1940 ed. 201).1a
MEMBERSHIP IN EMPLOYEE UNIONS; PRESENTING GRIEVANCES OR FUR-
NISHING INFORMATION TO CONGRESS
Membership in any society, association, club, or other
form of organization of postal employees not affiliated with any out-
side organization imposing an obligation or duty upon them to en-
gage in any strike, or proposing to assist them in any strike, against
the United States, having for its objects, among other things, im-
provements in the condition of labor of its members, including hours
of labor and compensation therefor and leave of absence, by any
* The Department of Agriculture Appropriation Act, 1945 (Public Law 367, 78th Cong.,
June 28, 1944), provides that no part of any funds available to the Department of Agri-
culture, the War Food Administration, or any bureau, office, corporation, or other agency
constituting a part of such department or administration shall be used in the fiscal year
1945 for the payment of salary or travel expenses of any person who has been found to
have violated or attempted to violate this section.*
(December 7, 1944)
409 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
person or groups of persons in said Postal Service, or the presenting
by any such person or groups of persons of any grievance or griev-
ances to the Congress or any Member thereof, shall not constitute or
be cause for reduction in rank or compensation or removal of such
person or groups of persons from said service. The right of persons
employed in the civil service of the United States, either individually
or collectively, to petition Congress, or any Member thereof, or to
furnish information to either House of Congress, or to any committee
or Member thereof, shall not be denied or interfered with (section
6 of the act of August 24, 1912, 37 Stat. 555; 5 U. S. C. 1940 ed.
652).*
PURCHASE AND SALE OF OFFICE
SEC. 1. That it shall be unlawful to pay or offer or promise to pay
any sum of money, or any other thing of value, to any person, firm,
or corporation in consideration of the use or promise to use any in-
fluence, whatsoever, to procure any appointive office under the Gov-
ernment of the United States for any person whatsoever.
Sec. 2. It shall be unlawful to solicit or receive from anyone what-
soever, either as a political contribution, or for personal emolument,
any sum of money or thing of value, whatsoever, in consideration
of the promise of support, or use of influence, or for the support
or influence of the payee, in behalf of the person paying the money,
or any other person, in obtaining any appointive office under the
Government of the United States.
Sec. 3. Anyone convicted of violating this act shall be punished by
imprisonment of not more than 1 year, or by a fine of not more than
$1,000, or by both such fine and imprisonment.
SEC. 4. All acts and parts of acts inconsistent herewith are hereby
repealed (44 Stat. 918, December 11, 1926; 18 U. S. C. 1940 ed. 149,
150, 151).
6
• See also the Commission's statement on employee unions on page 401.
* With respect to intimidation or coercion of witnesses before such bodies, sec nole on
"Interference with administrative or legislative proceedings," page 286.
• For the first half of this section, which relates to procedure in removal, see page 180.
For policies governing the hearing of grievances by departmentul oficials, see notes on
page 400.
'An investigation in 1931 indicated that Sam C. Isaacson, executive member of a
political club in Brooklyn, N. Y., had violated section 2 of the act of December 11, 1926
(44 Stat. 018). The Commission reported the case to the United States attorney at New
York. Isaacson was brought to trial on November 15, 1083, was convicted, and was
sentenced to serve one year in jail (Commission's minute 4 of December 12, 1033).
With respect to political contributions generally, see page 421.
• With respect to the afidavit which must be executed by civil officers at the time of
appointinent, to the effect that they have not given or promised to give consideration for
the purpose of receiving assistance in securing such appointment, see notes on page 107.
1
CONDUCT OF OFFICERS AND EMPLOYEES
410
GIFTS TO OFFICIAL SUPERIOR
No officer, clerk, or employee in the United States Government em-
ploy shall at any time solicit contributions from other officers, clerks,
or employees in the Government service for a gift or present to those
in a superior official position; nor shall any such officials or clerical
superiors receive any gift or present offered or presented to them as
a contribution from persons in Government employ receiving a less
salary than themselves; nor shall any officer or clerk make any do-
nations as a gift or present to any official superior. Every person
who violates this section shall be summarily discharged from the
Government employ (16 Stat. 63, February 1, 1870; section 1784 of
the Revised Statutes; 6 U. S. C. 1940 ed. 113).
ENGAGING IN POLITICS O
POLITICAL ACTIVITY GENERALLY
*
It shall be unlawful for
any person employed in any
administrative position by the United States, or by any department,
independent agency, or other agency of the United States (including
any corporation controlled by the United States or any ngency there-
of, and any corporation all of the capital stock of which is owned by
the United States or any agency thereof),
*7 to use his official
authority for the purpose of interfering with, or affecting, the election
or the nomination of any candidate for the office of President, Vice
President, Presidential elector, Member of the Senate, Member of the
House of Representatives, or Delegate or Resident Commissioner from
any Territory or insular possession (section 2 of the Hatch Political
Activities Act of August 2, 1939, 53 Stat. 1147; 18 U. S. C. 1940 ed.
61a, as amended by the act of July 19, 1940, 54 Stat. 767).8
(a) It shall be unlawful for any person employed in the executive
branch of the Federal Government, or any agency or department
* The Department of Agriculture Appropriation Act, 1946 (Public Law 367, 78th Cong.,
June 28, 1944), provides that no part of any funds available to the Department of Agri-
culture, the War Food Administration, or any bureau, office, corporation, or other agency
constituting a part of such department or administration shall be used in the fiscal year
1940 for the payment of salary or travel expenses of any person who has been convicted
of violating the Hatch Act, as amended.
* The omitted portion relates to interference with elections by certain State and local
employees.
• Violation of this section is, under section 8 of the Hatch Act, punishable by a One
of not more tban $1,000 or imprisonment for not more than one year, or both.
See also the prohibition against interference with elections contained in the Arst sentence
or section 1 of civil-service rule 1.
(December 7, 1944)
411 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
**
*
*
* 9
thereof, to use his official authority or influence for the purpose of
interfering with an election or affecting the result thereof. No officer
or employee in the executive branch of the Federal Government, or
any agency or department thereof, *9 shall take any active
part in political management or in political campaigns. All such per-
sons shall retain the right to vote as they may choose and to express
their opinions on all political subjects and candidates.
(b) Any person violating the provisions of this section shall be
immediately removed from the position or office held by him, and
thereafter no part of the funds appropriated by any act of Congress
for such position or office shall be used to pay the compensation of
such person (section 9 of the Hatch Political Activities Act of August
2, 1939, 53 Stat. 1148, as amended by the act of July 19, 1940, 54 Stat.
767, and section 701 of the act of March 27, 1942, 56 Stat. 181; 18
U.S. C. 1940 ed. 61h) 10
NOTES ON POLITICAL ACTIVITY
[For more detailed information, see the Commission's Form 1236]
case
APPLICATION OF THE HATCH ACT PROHI- | to suspend his constitutional right of
BITIONS AGAINST POLITICAL ACTIVITY free speech, as well as of idleness, by the
BY FEDERAL EMPLOYEES
implied terms of his contract. The ser-
Constitutionality.In the
of
vant cannot complain, as he takes the
John J. McAuliffe v. Mayor of New Bed-employment on the terms which are
ford (155 Mass. 216, 1891-92), it was
offered him.”
held that a municipal regulation which
* Section 9 (a) of the Hatch Act has
provides that no member of the police been held constitutional in the case of
department shall be allowed to solicit United Federal Workers of America et
money or any aid on any pretense for al. v. Mitchell et al., 1944, 56 F. Supp.
any political purpose whatever is not un-
621. In its opinion, the court took cog-
constitutional as invading the rights of nizance of a trend toward safeguarding
the members of the police force to ex-Government employees, in the unclassi-
press their political opinions, and that fied as well as the classified service,
a breach thereof by such a member is from insecurity attributable to political
good cause for removal. The court affiliation, and said:
(Judge Holmes, later a member of the
"To say that the Congress has not the
United States Supreme Court) said: power to pass this legislation in the
“The petitioner may have a constitu- public interest, and in the interest of
tional right to talk politics, but he has the employees of the Government whose
no constitutional right to be a police tenure it is seeking to protect, is to say
There are few employments for that it is not rational for the Congress
hire in which the servant does not agree to conclude that it cannot take political
man.
• The omitted portion, relating to officers and employees excepted from the prohibitions
of this section, is summarized, with other exceptions, on page 413.
16 A violation of section 1 of civil-service rule I is also a violation of this section of the
Hatch Act. See note on page 414,
0
(December 7, 1944)
CONDUCT OF OFFICERS AND EMPLOYEES
411.01
10n
activity out of the employment, promo- remains subject to the provisions of
tion and dismissal of Government em- the first sentence of that section :
ployees without at the same time taking )
Government employees out of political election and the preceding campaign
activity. This is a question for the Con- if none of the candidates is to be nom-
gress, and not the courts, to decide." inated or elected at such election as
The court held further that the legis- representing a party any of whose can-
lation was not unreasonably discrimina- didates for presidential elector received
tory between the employees who come votes in the last preceding election at
within the act and certain employees which presidential electors were se-
excepted therefrom.*
lected (section 18 of the Hatch Act, as
Types of political activity prohibited added by the act of July 19, 1940, 54
or permissible.-Section 15 of the Hatch Stat. 767 ; 18 U. S. C. 1940 ed. 61r).
Act, as amended by the act of July 19,
10x If a State election law provides for a
1940 (54 Stat. 767; 18 U. S. C. 1940 nonpartisan ballot for a particular local office
ed. 610), provides as follows:
or class of local offices, or provides that the
“The provisions of this act which local office is considered as nonpartisan, there
prohibit persons to whom such provi- office (or those offices) falls within the scope
is a presumption that the election for that
sions apply from taking any active part of this exception. However, this presump-
in political management or in political tion may be rebutted by evidence showing
campaigns shall be deemed to prohibit that partisan politics actually enter the cam-
paigns of the candidates. This may be
the same activities on the part of such
shown by the fact that the candidates are
persons as the United States Civil Serv. nominated or endorsed by State or national
ice Commission has heretofore deter-political parties or the local political com-
mittee of such a State or national political
mined are at the time this section takes
party. A person subject to the political-
effect prohibited on the part of em- activity restrictions of the civil-service rules
ployees in the classified civil service of or the Hatch Act (section 9 or 12), who
the United States by the provisions of competes in such a local election, is presumed
to know the actual political set-up of his
the civil-service rules prohibiting such own local election and is in a position to
employees from taking any active part know whether or not partisan politics enter
in political management or in political such election. Therefore, it is incumbent on
each of such persons to make his own de-
campaigns."
cision as to whether or not the election is, in
For information as to activities fact, nonpartisan and each of such persons
which are prohibited or permissible un-
must take the responsibility for seeing that
der section 15 see the Commission's management or in a partisan political cam-
he or she does not engage in partisan political
Form 1236. The following types of paign within the meaning of the civil-service
political activity are not prohibited by rules or section 9 or 12 of the Hatch Act
the second sentence of section 9 (a) of departmental circular No. 361, revision 3,
(Commission's minute 4 April 8,
of 1944 ;
the Hatch Act, although such activity | December 2, 1944).*
A
(December 7, 1944)
412 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
(2) Activity in connection with any | whom the provisions of this act are
question which is not specifically identi- applicable, and who reside in such
fied with any National or State political municipality or political subdivision, to
party. For this purpose, questions re- permit such persons to take an active
lating to constitutional amendments, part in political management or in
referendums, approval of municipal political campaigns involving such mu-
ordinances, and others of a similar nicipality or political subdivision, the
character, shall not be deemed to be Commission is authorized to promul-
specifically identified with any National gate regulations permitting such per-
or State political party (section 18 of sons to take an active part in such
the Hatch Act, as added by the act of political management and political
July 19, 1940, 54 Stat. 767; 18 U. S. C. campaigns to the extent the Commis-
1940 ed. 61r).
sion deems to be in the domestic in-
(3) Under certain circumstances, terest of such persons.”
political activity involving a municipal-
The Commission's Form 1236 lists the
ity or other political subdivision in the municipalities in the Washington, D. C.,
immediate vicinity of the National area in which Federal employees may
Capital in the States of Maryland and participate in political campaigns con-
Virginia or in municipalities the ma- cerning local issues.
jority of whose voters are employed by Membership in subversive organiza-
the Government of the United States tions.--See notes on page 423.
(section 16 of the Hatch Act, as added
Effective date of removal of violator
by the act of July 19, 1940, 54 Stat. of Hatch Act.-See page 513.
767; 18 U. S. C. 1940, ed. 61p). (See Application of the Hatch Act to Dis-
note below.)
trict of Columbia employees.-Section
Political activity in municipalities in 14 of the Hatch Act provides as fol
the Washington, D. C., area and in mu- lows:
nicipalities the majority of whose voters "For the purposes of this act, per-
are Federal employees.-Section 16 of sons employed in the government of
the Hatch Act, as added by the act of the District of Columbia shall be
July 19, 1940 (54 Stat. 767; 18 U. S. C. deemed to be employed in the executive
1940 ed. 61p), provides as follows: branch of the Government of the United
"Whenever the United States Civil States, except that for the purposes
Service Commission determines that, of the second sentence of section 9 (a)
by reason of special or unusual circum- the Commissioners and the Recorder
stances which exist in any municipality of Deeds of the District of Columbia
or other political subdivision, in the shall not be deemed to be officers or
immediate vicinity of the National Capi- employees.”
tal in the States of Maryland and Vir- Persons exempted from section 9 (a) of
ginia or in municipalities the majority the Hatch Act. The following persons
of whose voters are employed by the are exempted from the prohibitions
Government of the United States, it is contained in section 9 (a) of the Hatch
in the domestic interest of persons to Act:
l
i
CONDUCT OF OFFICERS AND EMPLOYEES
425
NOTES ON VOLUNTARY SERVICE
.
1
*Voluntary distinguished from in- Employment in nonsalaried position.-
compensated or gratuitous service.--The The words "voluntary service," as em-
evil at which Congress was aiming in ployed in section 3679 of the Revised
section 3679 of the Revised Statutes was Statutes, were not intended to cover
not appointment or employment for au- services rendered in an official capac-
thorized services without compensation, ity under regular appointment to an
but the acceptance of unauthorized serv- office otherwise permitted by law to be
ices not intended or agreed to be gratu- nonsalaried.
itous and therefore likely to afford a
A retired Army officer may be em-
basis for a future claim upon Congress. ployed as superintendent of an Indian
The latter class of case has been held to school or agency, where no additional
be within the section. (Lee v. United compensation is allowed, without violat-
States, 45 Ct. Cl. 57).
ing the prohibition of section 3679 of
The voluntary service referred to in the Revised Statutes against accept-
ance of voluntary service (30 Op. Atty.
section 3679 of the Revised Statutes, as
Gen. 51, February 7, 1913).
amended, is not necessarily synonymous
Assignment to additional duties or
with gratuitous service, but contem- additional position. The prohibition of
plates service furnished on the initiative section 3679 of the Revised Statutes
of the party rendering the same without against the acceptance of voluntary
request from, or agreement with, the service by the Government relates to
United States therefor. The service of voluntary services rendered by private
a Federal employee who agrees in ad- individuals without authorization of
vance to serve without compensation law and not to the assignment of per-
constitutes “gratuitous" service, but is sons holding office under the Govern-
not "voluntary" service such as is pro- ment to the performance of additional
hibited by section 3679 of the Revised duties or the duties of another position
Statutes, as amended. Services fur- without additional compensation (23
nished pursuant to a formal contract Comp. Gen. 272, October 14, 1943). For
are not voluntary within the meaning provisions governing such assignment of
of the section (30 Op. Atty. Gen. 51, such persons with additional compensa-
February 7, 1913; 27 Dec. Comp. Treas. tion, see statutes and notes on pages 425
131, August 6, 1920; 7 Comp. Gen. 810, to 439.
June 26, 1928; 23 Comp. Gen. 900, May *The provision of section 3679, Re-
27, 1944; decision, Comptroller General, vised Statutes, as amended, prohibiting
October 20, 1944). For an exception to the acceptance of voluntary service for
this ruling in the case of appointments the Government, has no application to
to offices having compensation ixed by the performance of additional service by
law, see note below.
a clerk in an executive department
The practice of authorizing the pay- without additional compensation, but
ment of salary at the rate of $1 per refers to voluntary services rendered
annum has frequently been adopted by private persons without authority of
under an erroneous impression that this law (30 Op. Atty. Gen. 129, 131, March
is necessary in order to prevent a viola- | 14, 1913).
tion of section 3679 of the Revised A Federal employee lawfully may
Statutes. Such a practice is unneces- agree in advance to serve without com-
sary unless some other statute or appro- pensation in another position without
priation act requires the payment of $1 contravening the provisions of section
per annum (23 Comp. Gen. 900, 903, May 3679, Revised Statutes, as amended.
27, 1944).*
This rule applies to any Federal em-
(December 7, 1944)
425.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
ployment in a position the compensation | latter type that the officer appointed
of which is fixed administratively pur- shall serve without compensation is
suant to law under a lump-sum appro- inoperative. Any bargain whereby, in
priation, as distinguished from a con- advance of his appointment to an office
stitutional office the compensation for with a salary fixed by legislative au-
which is fixed by or pursuant to statute thority, the appointee attempts to agree
and the incumbent of which is entitled with the individual making the ap-
to the salary thereof by reason of his pointment that he will waive all salary
title to the office (20 Comp. Gen. 267, or accept something less than the statu-,
269, November 19, 1940; decision, Comp- tory sum is contrary to public policy
troller General, October 20, 1941). As and should not be tolerated by the courts
to cases of the latter type, see note (Glavey v. United States, 182 U. S. 595;
below.
United States v. Andrews, 240 U. S. 90;
Positions subject to Classification Act Miller v. United States, 103 Fed. 413,
of 1923, as amended.-It is not permis- | 415; 30 Op. Atty. Gen. 51, February 7,
sible to employ a person in a position 1913; 27 Dec. Comp. Treas. 131, Au-
subject to the pay scales of the Classi- gust 6, 1920; decision, Comptroller Gen-
tication Act without compensation, un-eral, October 20, 1944).
less the person signs a waiver of pay-
Vocational training of disabled vet-
ment or agrees in advance to serve with-
erans.-Services rendered by a disabled
out compensation (20 Comp. Gen. 267, veteran, entitled to vocational training
269, November 19, 1940).
pursuant to the act of March 24, 1943
Offices the compensation for which is (Public Law 16, 78th Cong.), under the
fixed by statute.-A sharp distinction
jurisdiction of the Veterans' Adminis-
must be drawn, in connection with the tration, in accordance with an agree-
employment of gratuitous or uncompen- ment to serve in a Federal agency as a
sated services, between (1) positions
the compensation of which is fixed ad- | trainee without compensation in return
ministratively pursuant to law under a
for the benefits of the training do not
lump-sum appropriation, and (2) con- constitute “voluntary" services within
stitutional offices the compensation for the meaning of the prohibition in section
which is fixed by or pursuant to statute 3679, Revised Statutes, as amended,
and the incumbents of which are en- against the acceptance of voluntary
titled to the salary thereof by reason of services for the Government (deci-
their titles to the offices. A provision sion, Coniptroller General, October 20,
in an appointment to an office of the 1944).*
RECEIPT OF ADDITIONAL PAY FROM THE FEDERAL
GOVERNMENT (INCLUDING DUAL EMPLOYMENT)
RECEIPT OF EXTRA OR ADDITIONAL COMPENSATION
No allowance or compensation shall be made to any officer or clerk
by reason of the discharge of duties which belong to any other officer
or clerk in the same or any other department; and no allowance or
compensation shall be made for any extra services whatever, which any
officer or clerk may be required to perform, unless expressly authorized
by law (5 Stat. 525, August 26, 1842; section 1764 of the Revised
Statutes; 5 U. S. C. 1940 ed. 69).
-
(December 7, 1944).
CONDUCT OF OFFICERS AND EMPLOYEES
425.02
No officer in any branch of the public service, or any other person
whose salary, pay, or emoluments are fixed by law, or regulations, shall
receive any additional pay, extra allowance, or compensation, in any
form whatever, for the disbursement of public money, or for any other
service or duty whatever, unless the same is authorized by law, and the
appropriation therefor explicitly states that it is for such additional
pay, extra allowance, or compensation (5 Stat. 349, March 3, 1839, as
amended by the acts of August 23, 1842, 5 Stat. 510; and of May 1,
1876, 19 Stat. 45; section 1765 of the Revised Statutes; 5 U. S. C
1940 ed. 70)
(December 7, 1944)
426 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
HOLDING OF Two FEDERAL OFFICES
No person who holds an office the salary or annual compensation
attached to which amounts to the sum of $2,500 shall be appointed to
or hold any other office to which compensation is attached unless spe-
cially heretofore or hereafter specially authorized thereto by law; but
this shall not apply to retired officers of the Army, Navy, Marine
Corps, or Coast Guard whenever they may be elected to public office
or whenever the President shall appoint them to office, by and with
the advice and consent of the Senate. Retired enlisted men of the
Army, Navy, Marine Corps, or Coast Guard retired for any cause,
and retired officers of the Army, Navy, Marine Corps, or Coast Guard
who have been retired for injuries received in battle or for injuries or
incapacity incurred in line of duty shall not, within the meaning of
this section, be construed to hold or to have held an office during such
retirement (section 2 of the act of July 31, 1894, 28 Stat. 205, as
amended by the acts of May 31, 1924, 43 Stat. 245, and of June 25, 1938,
52 Stat. 1194; 5 U. S. C. 1940 ed. 62).
RESTRICTION ON SALARY IN HOLDING Two FEDERAL POSITIONS
Unless otherwise specially authorized by law, no money appropri-
ated by this or any other act shall be available for payment to any
person receiving more than one salary when the combined amount of
said salaries exceeds the sum of $2,000 per annum, but this shall not
apply to retired officers or enlisted men of the Army, Navy, Marine
Corps, or Coast Guard; or to officers and enlisted men of the Organized
Militia and Naval Militia in the several States, Territories, and the
District of Columbia
(section 6 of the act of May 10, 1916,
39 Stat. 120, as amended by the act of August 29, 1916, 39 Stat. 582;
5 U. S. C. 1940 ed. 58, 59).20
*
*
*
DUAL EMPLOYMENT OF POSTAL EMPLOYEES
That postmasters and acting postmasters are authorized, when in
the judgment of the Postmaster General the needs and interests of
the Postal Service require, to employ mail messengers and other postal
employees in a dual capacity, or to assign extra duties to such mail
messengers and other employees; and, notwithstanding the provisions
of sections 1763, 1764, and 1765 of the Revised Statutes, as amended
(United States Code, title 5, secs. 58, 69, and 70), compensation shall
- This exception does not apply to members of the Organized Militia after they have
been mustered into the Federal service, or to members of the National Guard of the United
States when called to military duty (20 Comp. Gen. 158, September 18, 1940).
JK
633
A22
CIVIL SERVICE ACT AND RULES
TRANSMITTAL SHEET NO. 25
December 14, 1944
These sheets should be cut or torn apart along the perforations.
They should then be substituted as shown on the back of this
page
for
printed pages of the loose-leaf edition of the "Civil Service Act and
Rules." The steps in making the insertions are explained on page XX
of the introductory chapter, "How to Use This Book." The date of this
transmittal sheet and the date of filing should then be noted on the
"Filing Record" at the front of the book, and this page should be filed
immediately behind Transmittal Sheet No. 24.
When this filing is completed, pages 1 to 220, 285 to 365, and 377 to
525 will be up to date as of December 14, 1944, except insofar as mate-
rial on leave is being held back for the reasons specified in the
last transmittal sheet.
Remarks
Additions have been made on pages 84, 288, 289.01, 289.02, 289.03,
290, 290.01, 429, 430, 430.01, 431, 432,433, and 433.01.
Deletions have been made as indicated on pages 84, 115, 116, and
431.
Changes have been made on pages 73, 115, 153.01, 153.02, 289, 430,
and 434.
The deletions and changes on page 84 constitute a correction of the
statements in the former note with respect to nurses. At the time this
page was originally issued, it was contemplated that clearance by the
Procurement and Assignment Service would be required for nurses as
well as for the other occupational groups mentioned, but this has not
been the case. The first change on page 115 is merely a clarification;
the deletions on that page and page 116 are the result of the discon-
tinuance of partial reports on certificates by Departmental Circular
No. 512. The three notes which formerly appeared at the end of
page 290 have been transferred to page 289, and the notes on
availability of retirement funds for set-off which formerly appeared
on page 431 have been transferred to page 290, as a part of the
general reorganization and expansion of the material on the with-
holding of employee assets. The last change on page 430.01 is
merely a clarification.
It is believed that the nature of all other changes will be obvious
upon comparison of the old with the new pages.
No page appearing in a particular installment has been changed in
that installment (except by transfer of material from contiguous pages)
unless the edition date of the page is the same as that of the trans-
mittal sheet. Stars are retained on reprinted pages to indicate the last
changes made on the page.
622467 0-44
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October 31, 1943.
December 14, 1944.
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October 31, 1943.-
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December 14, 1944.
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NOTE.—-Pages of the October 31, 1943, edition bear no edition date in the lower
outside corner.
DEPOSITED BY THE
UNITED STATES OF AMERICA
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT
72
page 17.*
JAN 23 Becentralized agencies.—*As to sub-to the ('ommission authority to select
mission of requisitions for personnel by personnel (see note on "Direct recruit-
agencies whose departmental headquar- ing", page 48), the Commission, in re-
ters have been moved outside the metro-sponse to requisitions, supplies the
politan area of Washington, D. C., see agency with the names and supporting
documents of persons who, in its judg-
ment, are qualified for the positions.
The present certification forms (Civil
FILLING REQUISITIONS FOR PERSONNEL
Service Commission Form 1765, for cer-
[See section 1 of war-service regulation IV]tification from the Commission's central
office, and Civil Service Commission
Rejection of requisitions because of Form 1844a, for certification from its
unduly exacting requirements.-Where regional offices) will continue to be
a personnel requisition from a depart- used in submitting names to the appoint-
ment or agency sets forth qualifications ing officer except where the direct-re-
which are, in the judgment of the Com-cruiting procedure is used.
mission, too exacting in the light of the *The names of Federal employees who
l'equirements of the job and of labor are under-utilized, or who represent ex-
market conditions, the Commission will cess personnel, will be presented infor-
return the requisition. In taking this mally to agencies for consideration, and
action, the Commission will indicate its requests for transfer of those desired
willingness to work with the department should be presented to the Commission
on the appropriate form. Names from
or agency in developing some other so-
the reemployment list will be furnished
lution, such as the development of a
as set forth on page 128, and names of
training program and the recruitment of annuitauts retired under the age or op-
the necessary trainees for this program tional provisions of the Civil Service
(inemorandum of Commission to heads Retirement Act or the Canal Zone Re-
of executive departments and independ tirement Act will be submitted as set
ent establishments, February 8, 1943). forth on page 75. The names of other
Referral of requests for personnel to present or former employees who have
the Bureau of the Budget.-Whenever, filed applications with the Commission
in the judgment of the Commission, a will be included on the list for appoint-
requisition for personnel raises ques- ment under regulation 1 (if sufficiently
tions as to the duplication of like and near the head of the register)
similar work in other agencies and other though they are also eligible for transfer
issues which fall within the jurisdiction under war-service regulation IX or for
of the Bureau of the Budget, it will pro- reappointnent under regulation VIII
vide the Bureau with a copy of the (actions of Commission, April 3, 1942,
requisition. The Commission will, how- August 21, 1942, February 15, 1944 and
ever, continue its efforts to fill the July 26, 1944; memorandum of Commis-
sion to heads of executive departments
l'equisition unless requested not to do so and independent establishments, Febru-
- by the Bureau of the Budget (memo-ary 8, 1943; departmental circular No.
randum of Commission to heads of ex- 493, July 3, 1944).*
ecutive departments and independent
The supporting documents to be fur-
establishments, February 8, 1943.). nished with the certificate include ap
Direct recruiting.–See notes on plications or copies thereof (see page
50); examination papers; confidential
Joint recruiting.-See notes on page vouchers (see page 86.01); reports of
48.01.
Federal or State authorities on persons
Departmental-system and field-system who have been convicted of felonies (see
certification.-See notes on page 17.
page 54); etc.
Submission of lists of eligibles.- Decentralized agencies.--*As to cer-
Where departments and agencies do not tification for positions in agencies whose
engage in joint-recruiting programs | departmental headquarters have been
with the Commission (see notes, page moved outside of the metropolitan area
+9), and where they have not delegated l of Washington, D. C., see page 17.*
1
even
page 48.
(September 7, 1944)
73
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
Certification in cases where functions that, after all available eligibles have
have been transferred.-Section 12 of been properly considered, there will not
war-service regulation IX provides as be sufficient names on the original cer-
follows:
tificate to allow the appointing officer
“When any or all of the functions of to consider three names for each Val-
any agency are transferred to, or any caney (lepartmental circular No. 493,
'agency is replaced by some other agency July 3, 1944).
or agencies, all employees entitled to *In order that the agencies may ex-
five- or ten-point preference under these pedite reports on certificates, the Com-
regulations, in such transferred agency, mission may, in filling requisitions for
available and qualified for positions in eligibles to fill large numbers of vacan-
the replacing agency or agencies, shall cies, certify eligibles in small, more
first be transferred to such positions workable groups. Appointing officers
before such agency or agencies shall are to consider these groups in sequence
appoint additional employees from and are to complete action on the first
any other source for such positions, and group issued before proceeding to the
the Civil Service Commission will not next. As each group is completed, the
certify eligibles for such positions as agency report on that particular group
long as such qualified and available should be submitted (departmental cir-
preference employees have not been cular No. 512, December 13, 1944).*
transferred."
Filling requisitions which contain
The word "certify" as used in this. suggestions as to certification of particu-
section includes authorization for orig-lar individuals.—While appointing offi-
inal. appointment, inter-agency trans- cers may, in submitting requisitions,
fer, and reappointnent. The phrase suggest the names of exceptionally well
"any other sou e” as used in this sec- qualified individuals whom they desire
tion includes any source of recruitment to consider for appointment to specific
other than employees of the replacing positions, the Commission is under no
agency and the transferred. function or obligation to include on a list of eligibles
agency (action of Commission, July 26, the name of a person so suggested.
194+). In this connection, see section It will not certify such a name unless
0; of the reduction-in-force regulations, the individual is within reach for cer-
tification in accordance with the war-
service regulations. The Commission
Number of names submitted. The
Coinmission will furnish three names
will not normally certify the name of a
(if available) for each vacancy, plus a
person proposed by an agency unless
sufficient number of names to provide or do weeks in which to certify quali-
for declinations or the unavailability fed applicants in response to the requi-
otherwise of eligibles. The certificates
sition. It may, however, shorten this
will indicate the additional names that time period under emergency circum-
may be considered in the event of dec- stances, and it may require a longer
linations or unavailability.
time period in the event of doubt as to
Supplements to complete certificates the qualifications of the proposed ap-
will not be issued until it is apparent pointee and in the temporary absence
page 189.
$
1
(December 14, 1944)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT
84
1
re-
Physicians, dentists, veterinarians, and Assignment Service for clearance
nurses, and sanitary engineers.--All (departmental circular No. 452, Novem-
physicians, dentists, veterinarians, ber 25, 1943). A copy of the Procure-
** and sanitary engineers must have ment and Assignment Service's defini-
heen declareil available for Fed- tion of a sanitary engineer is attached
eral service before they may enter upon to this circular.
duty in any Federal position. This ap- *No clearance through the Procure-
plies to all types of positions--tempo- ment and Assignment Service is re-
rary, war-service indefinite, reinstate-quired for graduate nurses selected for
ments, *reappointments,* full-time, or any civilian position in the Federal
part-time-and applies even though the service. A statement of availability
individual is not now practicing his pro- must be obtained by graduate nurses in
fession, or even if he is being appointed accordance with the employment sta-
to a position involving duties other than bilization programs of the United States
in his profession.
Employment Service.
Each eligible will be cleared for the The clearance of physicians, dentists,
particular position for which he has veterinarians,' and sanitary engineers
been selected for appointment at the with the Procurement and Assignment
time of his selection and not at the time Seryice completes all clearance
his name is placed on an eligible reg- quired by employment-stabilization pro-
ister. Civil Service Commission Form grams in their cases.*
4183 will be used in obtaining such Appointing officers' communications
clearance. These forms will be sub- with eligibles.--Civil Service Commis-
mitted by the Commission to the agency sion Forms 1992 and 1992a should be
with . the certificate containing the used by appointing officers in communi-
names of eligibles. The agency should cating by mail with eligibles concerning
enter the required information on the their availability for appointment. The
forms and submit three copies of the former should be used when communi-
form on each individual to the central cating with eligibles certified from regis-
office of the Procurement and Assign- ters in the regional offices of the Com-
ment Service for Physicians, Dentists, mission, and the latter in communicating
Veterinarians, Nurses, and Sanitary with eligibles whose names appear on
Engineers, War Manpower Commission, certificates issued from the central of-
Washington 25, D. C. The Procure-fice of the Commission, Copies of Form
ment and Assignment Service, after in- 1992 will be furnished to nominating
vestigation of the individual, will re- and appointing officers in the field with
turn å *signed copy of this form to the list of eligibles, unless special ar-
the appointing official. The individual rangements otherwise have been made,
selected, if declared available, may then and it will not be necessary for such
be entered on duty. The completed form nominating officers to maintain a sup-
should be returned to the appropriate ply. Copies of Form 1992a can be se-
office of the Civil Service Commission cured from the Civil Service Commis-
with the report on the certificate.
sion.
* * * * *
When filled out and returned, these
The individual selected must enter formis constitute the reply of the eligible
upon duty within 60 days after clear and should be sent to the Civil Service
ance by the Procurement and Assign- commission with the report on the cer-
ment Service. In the case of an indi- tificate if he was not selected. The
vidual who has not entered upon (uty availability information furnished will
within this time limit, but whose ap- be used in determining whether the eli,
pointment is still desired, the forms gible's name should be restored to the
must be resubmitteil to the Procurement register.
(December 14, 1944)
84.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
1
When tentative selections can be appointment, it puts the eligible to ex-
made promptly upon receipt of the list of pense and should be followed only where
eligibles froń the Commission, the eli- appointment is likely to be offered (de-
gible who is selected may be sent an partinental circular No. 273, July 21,
immediate offer of appointment without 1941; departmental circular No. 352,
a preliminary inquiry concerning his July 1, 1942).
In all communications with eligibles,
availability. In such cases it would be
appropriate to send an availability in-appointing officers should sign their
quiry to other eligibles on the list to pro- identification, their official title and the
communications clearly and give for
vide for the possibility that the eligible
selected may decline the position.
name of the bureau and department
with which connected, in order that the
When tentative selections cannot be
made upon receipt of the list of eligibles, eligible may not direct his reply to the
Form 1992 or 1992a, whichever is ap- given on certificates should be used in
Commission. The addresses of eligibles
propriate, may be sent to all the eligibles all instances, regardless of the addresses
while the papers are being studied.
When it seems probable that an eligible which may appear on the examination
will be selected if he is available, an
papers (departmental circular No. 41,
February 25, 1928; departmental circu-
exchange of communications and sev.
lar No. 237, ()ctober 18, 1940).
eral days can often be saved by for-
warding him a blank medical certificate RESTRICTIONS ON THE FILLING OF CER-
with the letter of inquiry and instruct-
TAIN TYPES OF POSITIONS
ing him to have a physical examination Employment of publicity experts.-
performed if he wishes to accept ap- Section 1 of the act of October 22, 1913
pointment. While this procedure does (38 Stat. 212; 5 U. S. C. 1940 ed. 54),
not constitute a commitment to offer provides in part as follows:
ܝ
ܐ
-
(October 26, 1947)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT
114
1
Changing full-time employees to part- each eligible who was contacted in
time.—Prior approval of the Commis- any manner or about whom inquiry
sion will not be required for the change was made, i. e., “A” (Appointed *under
in status of a full-time employee to war-service regulation V*), "NS” (Not
part-time unless there is involved a selected), "CRU" (Communication re-
change in grade or duties *which would turned undelivered), "D" (Declined),
require prior approval of the Commis-. "FR" (Failed to reply), "TR" (Au-
sion under the general promotion policy thority for transfer of eligible l'e-
set forth on page 1.57.* The tenure of quested), "R" (Authority requested
an employee changed from full-time to for reappointment of eligible separated
part-time is the same as the teniile: he from former Government position
held prior to the change, and retire-within preceding 30 days), "*Intra-
ment should be deducted if it was de tran" (Intra-ägency transfer),* in
ducted prior to the change. However, order that the Commission's records may
such an employee is not entitled to an be kept current with regard to avail-
nual or sick leave. *It is suggested ability of eligibles. Any information
that any accumulated leave be used be concerning an eligible to which none of
fore the change in status becomes ef- the above symbols specifically applies is
fective.*
to be written in full on the report and
An employee changed from full-time keyed to the name of the appropriate
to part-time may be changed back to eligible. The date of the report and
full-time without prior approval of the the salary offered each eligible con-
Commission if such return involves 110 tacted should always be shown. If an
change in grade or duties which would eligible is not selected for reasons
require prior approval of the Commis- which would appear to indicate his
sion under the general promotion policy unsuitability for employment in the
set forth on page 157.* The journal Federal service, such information
report (see page 203) in such a case should be reported to the Commission
should indicate clearly that the em- in order that appropriate action may
ployee had previously been changed be taken in such cases (departmental
from full-time to part-time and show circular No. 77, June 13, 1931; depart-
the date of such change.
mental circular No. 201, October 16,
In view of the present labor inarket, 1939; departmental circular No. 323,
the Commission urges that departments revised, March 30, 1942; departmental
and agencies discourage changes of circular No. 421, April 27, 1942).
full-time employees to part-time. It is! (For submission of reports on persons
believed that an employee should not appointed from individual letters of
ordinarily be permitted to change to al authority, see notes
authority, see notes on "Direct le-
part-time basis unless his services will ruiting", page 18.01.)
otherwise be completely lost (depart- *Where an eligible is disqualified un-
mental circular No. 389, revised, July der section 9 of the Civil Service Act,
10, 1943; * letter of Commission to di- pertaining to the number of members of
l'ector of the Eleventh Civil Service the same family who may be employed
Region, March 20, 1941).
in the classified service, the report on
the certificate must so indicate, and the
REPORTS OF ACTION TAKEN BY
appointing officer must submit full in-
APPOINTING OFFICER
formation to support his finding (depart-
Manner of submitting reports.-Re- mental circular No. 193, July 5, 1944).*
ports of action taken on lists of names 'In cases where one or more of the
will be made by appointing officials to positions for which the list was re-
the Commission or the regional director quested has been filled in some other
on a copy of the list. This copy should mamer, the report should state ex-
show the action taken on the name of plicitly whether the position has been
(September 21, 1944)
115 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
filled by transfer, promotion, or reap- Amended reports.-Amended reports
pointment, and should give the name on certificates should be made promptly,
of the person to be placed in the particularly in the case of cancelation
vacancy and the date effective.
of appointments. Since the names of
If an appointing officer has passed eligibles who are reported as selected
over any eligible as unavailable because for appointinent are removed from the
the eligible declined or failed to reply, register, eligibles whose appointments
a copy of the offer of appointment, if in
are later canceled may lose opportuni-
writing, must be submitted with the re-
ties for further certification if reports
port on the certificate ; the letter or other of such cancelation are not submitted to
notice of declination, and the envelope the Civil Service Commission immedi- '
in the case of any communication which
has been returned undēlivered, must also ately (departmental circular No. 147,
October 26, 1936). After an appointing
be submitted. It is requested that cor-
officer has notified the Commission of his
respondence from eligibles concerning
their availability be forwarded with the cancelation of an appointment, he has
report on the certificate even though the
no authority to withdraw the notice and
eligible, while not appointed, was not appoint the person previously certified
passed over, as this helps the Commis- without the prior approval of the Com-
sion to give better service to other ap- mission (see 20 Op. Atty. Gen. 64, April
8, 1891).
pointing officers. Examination papers
furnished with the certificate should be
Amended reports on certificates should
show the original action, if any, re-
returned with the report.
If the date on which a person selected ported for each eligible whose name ap-
from the certificate is to report for mental circular No. 279, August 16,
pears on the amended report (depart-
duty is subsequent to the report on
1941).
the certificate, and forms are
When making amended reports on
quired to be submitted to the Commis- lists of eligibles, or returning examina-
sion in connection with the appoint- tion papers which have been separated
ment,* a notation should be placed on from the report on the list, the appoint-
the report to the effect that the required ing officer should give the certificate
forms will be submitted at the time of number (departmental circular No. 129,
entrance on duty. The , letter trans- December 27, 1934).
mitting these forms should refer to
*Time limit on reports.-In Washing-
the certiiicate number (departmental ton, agencies will be allowed a maximum
circular No. 77, June 13, 1931 ; depart- of 21 days, beginning with the date on
mental circular No. 162, April 19, 1938; which the agency receives the certifi-
departmental circular No. 279, August cates, in which to submit reports on c'er-
16, 1941; departmental circular No. 421, tificates of eligibles. In the field serv-
April 27, 1943 ; Civil Service Coinmission ice, appointing officers will be advised
Form +6:30).
If a medical certificate has been se-
by the Cominission's regional directors
cured from an eligible who failed of of the time limit for the return of ver-
appointment, it should be forwarded to tificates. However, in any case agen-
the Commission or its regional office (ies are requested to subinit reports on
with the report on the certificate in order (ertificates as quickly as possible. The
that it may be attached to the exami. | full cooperation of the agencies in this
nation papers for referral to other ap- matter will be of benefit to the entire
pointing officers (departmental circular Federal service by making possible the
No. 320, February 18, 1942; depart- fullest consideration of the limited num-
mental circular No. 323, revised, March ( ber of eligibles available under the
30, 1942).
present labor market (departmental cir-
*
cular No. 512, December 13, 1944).*
re-
(December 14, 1944)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT
116
* mental circular No. 191, supplement 1,
Reports of changes in civilian person- May 10, 1940).
nel.See notes on page 203.
Length and effective date of trial
period.—The trial period for all persons
TRIAL PERIOD
who receive original appointments un-
[See section 3 of war-service regulation V;
war-service regulation VIII]
der the war-service regulations 0ll or
Purpose of trial period.—During the after June 8, 1942, will be one year.
trial period, the employee's conduct and For persons appointed prior to that
performance in the actual duties of his date, but on or after March 16, 1942,
position may be observed, and his em-
the trial period provided for by the
ployment may be terminated without regulations in effect at the time the
undue formality if circumstances so
appointment was made will continue to
warrant. The trial period is therefore be applicable. (Under these regula-
l'egarded by the Civil Service Commis- tions, the trial period was (a) 6 months
sion as a final and highly significant generally; or (0) one year if the Com-
step in the examining process. It pro-
mission and the department or agency
vides the final and indispensable test
, concerned had previously agreed on a
that of actual performance on the job, probationary period of one year under
which ņo preliminary testing methods
the civil-service rules for the particular
can approach in validity. Thus, the position; or (c) one year if the Com-
trial period, properly employed, pro-
mission and the department or agency
vides protection against the retention concerned had agreed upon a trial pe-
of any person, who, in spite of having riod of one year under the war-service
passed preliminary tests, is found in regulations for the particular position.
actual practice to be lacking in fitness, A list of positions for which such ex-
and capacity to acquire fitness, for tended trial periods were agreed upon,
permanent government service.
with the effective dates of such agree-
Properly used, the trial period af-ments, appeared on pages 291 to 296 vf
fords an opportunity for fostering the the November 30, 1941, edition of the
interest of the employee as well as
"('ivil Service Act and Rules".) Per-
the service. Intelligent and consider-
sons who had received probational ap.
ate treatment during it, or the reverse, pointments. prior to March 16, 1942
may often mark the employee's entire (September 26, 1942, in the case of
working career. Careful observation of deputy marshals and zone deputy col-
the employee's performance and -under- lectors of internal revenue; November
standing of his problems, together with 23, 1943, in the case of employees in
studied attention to the type of work the field service of the Post Office De-
for which he is best fitted and his partment who had actually entered on
assignment or transfer thereto in ac- (uty on or before that date, and whose
cordance with applicable regulations, selection was in proper order from a
will save for useful and efficient Fed certificate issued for probational ap-
eral service many employees who would pointnient on or before October 23, 1943,
otherwise either be separated or else and was properly reporteil), and were
retained in positions in which they serving their probationary periods on
have little prospect of success (depart-1 that date, will continue to serve the
(December 14, 1944)
117 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
a
war
!
probationary periods for which they section 3.0f war-service regulation V).
were appointed, rather than trial pe- Cf. notes as to length of probationary
riods, and their rights with respect period in the l'ostal Service on pages
to civil-service status are not affected 2.38 and 259, *and note on "Trial periods
by the war-service regulations. If they of part-time employees,” below,*
receive
transfer to another Effective October 13, 1942, persons re-
agency, they are perinitted to complete appointed under war-service regulation
probation in the agency to which VIII will be required to serve a trial
transferred.
period of one year in accordance with
The appointments of persons who section 3 of war-service regulation V.
were serving temporarily on March 16, Prior to this dute, the regulations con-
1942, the date of the adoption of the tained no specific provision for a trial
war-service regulations, and whose ap- period in the case of persons reap-
pointments were not specifically limited pointed under regulation VIII (depart-
to one year or less, were converted to mental circular No. 323, revised, supple-
wal-service appointments on that date. ment 10, October 13, 1942).
In such cases, the length of the trial A new trial period of one year is re-
period is governed by the provisions of quired in connection with appointments
the paragraph next preceding. The be- from the war l'eemployment list.' (See
ginning of the trial period will be con- page 128.)
sidered the date of original appointment As to service of the trial period by
in the department or agency in which transferred employees, see section 11 of
the person was employed on March 16, war-service regulation IX, page 38.
1942, when his appointment was con- Trial periods of part-time
verted to a Wal-service appointment (de-ployees.-Part-time employees who are
partmental circular No. 315, revision 2, serving under temporary war-service
August 5, 1942; action of Commission, appointments are not l'equired to serve
April 3, 1942; Commission's minute 4 of it trial period. However, part-time em-
April 17, 1942).
ployees who are initially given war-
Temporary (including short-term) service indefinite itppointments, and
employees given indefinite war-service part-time employees whose temporary
appointments in the same agency may appointments subsequently con-
hulp the beginning of their trial period verted to indefinite appointments are
(considered effective ils of the date of required to serve it trial period. The
their original ont ridice on duty in the length of the trial periods of such part-
temporary position (tepartmental wir-time employees will be determined as
cular No. 323, revised, March 30, 1942). | follows:
The trial period of wall-service api- The "full yer of services required by
pointees in the l'ostal Service will be the regulations as it trial period is ('011-
one year: in the cat sip of substitutes, it strued in the case of part-time employ-
will be 2.+48 hours of active duty pes as the equivalent of al calendar year
(action of Commission, March 31, 1941; 1 of full-time service. For this purpose,
em-
l'e
(October 5, 1944)
NOTES ON TRANSFER
153.01
Dilge 116.
are
on
Transfers of employees slated for relative (legree of utilization of skills in
separation because of reduction of connection with an intra-agency trans-
force will, in general, be effected under | fer. Such determination is entirely
section 2 (0) of war-service regulation within the discretion of the agency. If
IX, without reemployment benefits. In the (letermination is not made, or if the
specific cases where, because of the head of the agency determines that an
circumstances involved, reemployment intra-agency transfer would not result
rights are found to be in order, trans- in greater utilization of skills for the
fers will be effected under section 2 war program, the transfer, if effected,
(rl) of war-service regulation IX (('om- should be effected under the provisions
mission's minute 1 of August 10, 1943). of section 3 (0) of war-service regula-
See also note on "Types of transfers tion IX. On the other hand, whenever
which carry l'eemployınent benefits", a determination is made by an agency
that the intra-agency transfer of a spe.
Intra-agency transfers under section cific individual involves greater utiliza-
3 of wal-service regulation IX may be tion of skills for the war program, re-
made without the prior approval of the employment rights mandatory,
('ommission except as provided in sec- and section 3 (ri) of war-service regula-
tion o: regulation IX, in the note on tion IX is the authority to be used.
transfers involving promotion or change The decision as to reemployment
in status (page 152), and in the note on rights should be based solely on the
"Conversions of temporary or excepted contribution of the employee to the war
appointments to war-service indefinite program in the two positions. No con-
appointments"
page 154. Those sideration should be given to a waiver,
made under section 3 (a) must be re- either oral or written, of reemployment
ported to the Commission within one rights by the employee. A salary pro-
week after the effective date of the motion would not be prinia facie evi-
transfer. Other intra-agency transfers (ence of greater utilization of skills;
should be reported as set forth in the the duties of the two positions are the
notes on "Report of Changes" beginning basis for comparison (Commission's
on page 203. In all intra-agency trans-minute 2 of August 21, 1947; letter of
fers in which employees are entitled to Commission to Director of Personnel,
Teemployment benefits, notice of entitle- War Manpower Commission, August 18.
ment to such benefits should be fur- 1947).
nished by the agency to the employee As to transfer of attorney's, see page
(section 3 of war-service regulation IX; 169.
Commission's minute 1 of December 13, Separation from service prior to con-
1940; minute 1 of February 17, 1941; summation of transfer. --Transfer may
minute 3 of July 15, 1941 ; uinute 8 of not be authorized wider war-services
July 30, 1941; minute 1 of October 13, regulation IX where there has been a
1941; ictions of Commission, August 21 break in services of one or more work-
and October 10), 1942: departmental (ir- anys, Keven though the employee was
cular No. 323, l'evisecl, March 30, 19942 ; | in the service at the time the trallister
departmental (ircular No. 340, May 19), request was initiated by the agency. If
1942; departmental circular No. 390, it is apparent that the transfer request
October 28, 1942). With respect to re- was made in good filitli anel that the ent-
quirements which must be met in con- moyees was in an active duty or leaves
nection with transfer, see notes on "Re- status ilt the time transfer request was
quirements for transfer", page 152. initiated, the course may be carried to
It is slot mandatory 11pon :11) il gency, conclusion in the same manner as if it
under section 3 of war-servire regula- were at transfer, except that althority
tion IX, to make a determination is to l will be issuell under regulation VIII
.
(December 14, 1941)
153.02 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
rather than regulation IX and that, if quest was initiated, but had actually
more than 30 (lays have elapsed since been separated from the service, the
the proposed appointee served in an ac- case will be considered in all respects
tive duty status, the requirements of ap- as a regular request for reappointment
plicable employment-stabilization pro- under regulation VIII (action of Com-
grams must be complied with.
mission, January 26, 1941; Commission's
If the employee was not in active duty minute 1 of February 2, 1944, and min-
or leave status at the time transfer re- ute 2 of November 23, 1944).*
(December 14, 1944)
NOTES ON TRANSFER
154
Conversions of temporary or excepted September 4, 1944). As to the order of
appointments into war-service indefinite promotion of employees whose appoint-
appointments.-Persons appointed un- ments have thus been converted, see
cler Schedule A or B: or other excepted page 163.02.*
appointments, or serving under tempo- Retroactive authorization of trans-
rary appointments, may be considered fers.--Where an employee has left one
for war-service indefinite appointments Federal agency and accepted appoint-
within the same department or agency ment in another, consideration may be
under the provisions of section 3 of given to authorizing his transfer retro-
war-service regulation IX. Such cases active to the date of entrance on duty
must be submitted to the Commission when it is found (1) that improper
(or the appropriate field office of the authority was issued by the Commis-
Commission) for prior approval of the sion (a) with full knowledge of the
qualifications of the individuals pro- facts, but through clerical error
error in
posed for war-service indefinite ap- processing, or (b) in ignorance of the
pointments. Upon receiving such ap- facts, not intentionally withheld by the
proval, the department or agency may employee or requesting official; or (2)
proceed to effect the intra-agency trans- that an appointing official has through
fers of such persons under the provi- unintentional error, and under the im-
sions of section 3 of war-service regu- pression that prior authority of the
lation IX (departmental circular No. Commission was not required, made the
323, supplement 19, June 11, 1943). appointment under the wrong regula-
*Persons serving under emergency tion. Such retroactive transfers will
appointment under authority of section be disapproved when there is any in-
4 of war-service regulation V (see page | dication of an attempt to force ap-
28.01.) may be considered under this proval of a transfer, or where there
procedure for conversion of their ap- has been any break in service. (AS
pointments to war-service indefinite apto making transfers under section 4
pointments, including conrersions in- of rule IX retroactive, see page 196.)
volving promotions (action of Commis-
Negotiations will be conducted in the
sion, July 20, 1944). However, such cases described above as in all other
conversions are subject to the special proposed transfers. However, where an
requirements set forth on page 153.
agency objects, the objections will be
As to transfers to attorney positions, overruled only when, among other con-
see page 169.
siderations, there is evidence of "good
As to effect of conversion on leave faith" on the part of the employee and
credits, see section 2.1 (a) of the Leare the appointing official desiring the trans-
Regulations, page 186.
fer (action of Commission, May 21,
As to conversion to war-service in-
1943).
detinite appointments of temporary ap-
Appeals by employees from transfers
pointments of persons serving in the directed by the Commission.-See sec-
field service of the Post Office Depart- tion 2 of war-service regulation IX.
ment on October 23, 1943, see page 214, Appeals by agencies from transfer
Whenever war-service temporary ap- decisions. Any agency involved in a
pointments in the Postal Service effec- transfer case may appeal the decision
tive subsequent to October 23, 1943, are of the Commission in allowing or dis-
converted to war-service indefinite ap- allowing the transfer. These appeals
pointments, the authorization should be must be submitted by the agency in
under war-service regulation V. Yomi- | writing to the office of tbe Commission
nation forms will be submitted by post- making the original decision; inforinal
master's recommending the indefinite appeals from agencies will not be en-
appointment under war-service regula- tertained. The submission of a new
tion V and showing that it is a conver- requisition on Standard Form 46, or
sion from temporary to indefinite ap- other acceptable form, requesting the
pointment (Commission's minute 3 of transfer of an individual whose trans-
i
(October 12, 1947)
155 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
is 2
fer to the same position or agency has have not been followed by an official
been previously denied, will not be con request for transfer (departmental çir-
sidered an appeal but will be processed cular No. 360, August 1, 1942).
new transfer case in the same Transfer to position having lower sal-
fashion as all other transfer requi-ary.—The term “salary" as used in war-
sitions.
service regulation IX, section 2 (a),
Where transfer has been approved means base pay without the addition
over the objections of the losing agency, of overtime compensation or any allow-
it is essential that any appeal by the ances which might be given in ad-
losing agency be received by the office dition to base pay. Where deductions
of the Commission which authorized from base pay are taken for subsistence
the transfer not later than six days or quarters or other service furnished
from the date of the certificate, as the by the Government, the salary of the
receiving agency may, unless otherwise employee is construed to mean the full
ordered by the Commission, enter the base pay and not the base pay less de-
transferee on duty ten days after date ductions for subsistence, quarters, or
of the certificate regardless of the other service (action of Commission,
wishes of the losing agency. Upon re- October 10, 1942).
ceipt of an appeal within the six-day *Transfer in connection with transfer
time limit, the Commission will direct of functions. See section 12 of the Vet-
the agency to which transfer has been erans' Preference Act of 1944 (page
authorized not to enter the transferee 10.04) ; section 12 of war-service regula-
on duty pending decision on the appeal. tion IX (page 39); and section 6 of
Departments and independent estab- the reduction-in-force regulations (page
lishments should keep appeals to a min- 189).
imun. Unless the agency is able to Report of transfer.-See page 206.
present substantial evidence that the Effective date of transfer for travel
transfer will not result in the best in- purposes. The following decisions of
terests of the Government service as a the ('omptroller General, which relate to
whole, an appeal may merely result in a leffective cate of intra-agency transfer
loss of time and thus hamper the whole for travel, rather than civil-service, pur-
manpower utilization program (depart- poses, may be of value in effecting war-
mental circular No. 323, revised, sup- service transfers:
plement 18, May 20, 1943; action of When a civiliun employee is perma-
Commission, April 20, 1943).
nently transferred to a place at which
Temporary appointments pending he already is on duty under competent
transfer. - Temporary appointments orders, the transfer is effective upon the
pending transfer are no longer author-date he receives notice thereof, but if an
ized (action of Cominission, March 24, employee is transferred to a place where
1942). Persons who, on March 16, 1942, he is not on temporary duty, his post of
were serving under temporary appoint-duty changes on the date he actually ar-
ment pending trimsfer are regarded as rives at the new station (23 Comp. Gen.
having received war-service appoint- 342, November 5, 1943).
ments for the duration of the war and Where the transfer of an employee,
not exceeding six months thereafter. who had been temporarily detailed or
Yo follow-up will be made in cases assigned to duty away from his head-
where such temporary appointments quarters for the purpose of determining
*
1
(October 12, 194+)
RULE XIV-TESTIMONY
287
)
obstruct, or impede, or endeavor to in- | or investigation is being had by either
fluence, obstruct, or impede the due and House, or any committee of either
proper administration of the law under House, or äny joint committee of the
which 'such proceeding is being bad Congress of the United States shall be
before such department, independent fined not more than $1,000 or imprisoned
establishment, board, commission, or not more than one year, or both.”.
other agency of the United States, or Fraudulent practices in connection
the due and proper exercise of the power with examinations or investigations.-
of inquiry under which such inquiry | See notes on page J7.01.
1
!
1
1
:
RULE XV-WITHHOLDING SALARY
288
RULE XV
WITHHOLDING SALARY
Legal appointment necessary to compensation. Whenever the Commis-
sion finds, after due notice and opportunity for explanation, that
any person has been appointed to or is holding any position, whether
by original appointment, promotion, assignment, transfer, or rein-
statement, in violation of the Civil Service Act or Rules, or of ariv
Executive order or any regulation of the Commission, or that any
employee subject thereto has violated such Act, Rules, orders, or
regulations, it shall certify the facts to the proper appointing officer
with specific instructions as to discipline or dismissal of the person
or employee affected. If the appointing officer fails to carry out the
instructions of the Commission within 10 days after receipt thereof,
the Commission shall certify the facts to the proper disbursing and
auditing officers, and such officers shall make no payment or allow-
ance of the salary or wages of any such person or employee there-
after accruing."
NOTES ON WITHHOLDING EMPLOYEE ASSETS
*An effort 'has been made, in the notes below, to present some of the basic
considerations underlying deductions from the salaries and other assets of em-
ployees. Only a few of the basic points have been corered, as this book is
intended primarily for personnel- officials. Salary deductions and set-off have
been the subject of a very large number of decisions of the Comptroller General,
which are familiar to, and of great importance to, the fiscal officers of the Gov-
ernment, but which generally fall outside the field of the personnel official.
Civil-service rule XV applies to cases where the employment of an individual is
unlawful, as being in violation of a civil-service rule or other Executive order,
the Civil Service Act, or a regulation of the Commission, or where an einployee
has violated such act, rule, Executire order, or regulation. There is a sharp
distinction between cases of this type and cases where it is proposed, whether
in order to collect an indebtedness or as a measure of discipline or punishment,
to withhold the salary of an individual laucfully employed, who has not violated
such act, rule, Executive order, or regulation. The principles and statutes gov-
erning withholding of salary in cases of the latter type are set forth in a series
of notes beginning on page 289.*
WITHHOLDING SALARY UNDER RULE XV (among other things) a provision of any
Executive order (Commission's minute
Rule XV applicable to the holding of
2 of April 6, 1939).
office in violation of any - Executive
De facto officers.--As a general rule,
order.-In view of the provisions of rule and in the absence of a specific provision
XV, corrective action by the ('ommission of law, such as a prohibition in an ap-
is necessary when it is disclosed that a propriation act, money paid for services
person is holding office contrary to actually rendered by a de făcto officer
; As amended by Executive Order No. 8705, March 5, 1941, effective November 7, 1940.
Rule XV is based on section"7 of the Civil Service Act.
(December 14, 1944)
288.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
may not be recovered back by the Gov- | February 24, 1931 (46 Stat. 1415 ; 5 U. S.
elinment. However, the de fucto rule C. 1940 ed. 46a), prohibiting the “with-
does not authorize payment of compen holding or confiscation of the earned
sation not already paid to an employee pay, salary, or emolument of any civil
whose appointment was invalid (22 employee of the United States removed
Comp. Gen. 303, October 1, 1942, and de- for cause” is applicable where there is
cisions cited therein). The court de involved a removal for cause of an em-
cisions are uniform that one claiming ployee legally appointed or employed,
salary must prove his legal title to the and not where the employment is ob-
office and that an officer de facto cannot | tained through fraud and invalid in its
maintain an action for salary (Romer v. inception, but the rule in 15 Comp. Gen.
U, S., 24 Ct. Cls. 332; Stratton v. Oullen, 587, that an employee who obtains
28 Cal. 44; Bennett's case, 19 Ct. Cis. employment through fraud is not en-
379).
titled to unpaid compensation is not for
Withholding of salary in employment application to employment obtained
obtained through fraud.-The act of through misrepresentations such
as
2
"
+
(December 14, 1941)
RULE XV--WITHHOLDING SALARY
289
as-
would render the appointment or con- “From and after the passage of this
tract of employment voidable only (16 | act there shall be no withholding or
Comp. Gen. 775, February 19, 1937). confiscation of the earned pay, salary,
Where, because of a misstatement as or emolument of any civil employee
to age, an employee's eligibility has been of the United States removed for
found by the Civil Service Commission
cause: Provided, That if at the time of
to be invalidated, the General Account such removal any such employee is in-
ing Office is required by section 7 of the debted to the United States, any sal-
Civil Service Act, and civil-service rule
ary, pay, or emolument accruing to
XV promulgated thereunder, to with-
such employee coming within the pro-
holdi (redit in the accounts of any dis-
visions of this act shall be applied in
bursing clerk for payments to the en-
whole or in part to the satisfaction of
ployee under the appointment in quies-
tion for any salary accruing after the any claim or indebtedness due to the
United States."
date of receipt of notice from the Civil
Service Commission of the illegality
*Withholding salary to satisfy in-
of the appointment and failure of the debtedness to the United States. At the
administrative office after (lue notice to
time of separation from the service, the
dismiss the employee ( 16 Com). Gen. amount otherwise due an employee is
available for set-off against his indebt-
924, April 15, 1937).
edness to the United States. A fur-
Employment in violation of appro-
lough without pay may be regarded as
priation-act citizenship restrictions.-
See notes, page 92.
a separation in this connection. The
Withholding salary in cases of viola- employee's final salary payments upon
tion of rule I.--See page 417.
separation from the service should be
applied in the following order: (1)
Legality of salary accounts
retirement deductions from basic com-
sumed. In the absence of evidence to
pensation ; (2) withholding tax; (3)
the contrary, the accounting officers will,
other indebtedness to the United States;
in the settlement of salary accounts, and (4) authorized deductions for the
assuine that the civil service law and
purchase of War Savings Bonds, in the
rules have been complied with by the
absence of a cancelation of the allot-
officer having the power of appointment ment. Under the provisions of the Civil
(3 Dec. Comp. Treas. 52, July 25, 1896). Service ljetirement Act, as amended, it
Jurisdiction of the Comptroller Gen- is mandatory to deduct and deposit into
eral under rule XV.—The Comptroller the retirement fund 5 percent of a sep-
General has held that he has no aut liur. arated employee's final basic , salary
ity or juriscliction to review the deter- payment, without regard to his indebt-
mination of the Commission under rule edness or tax obligation to the Govern-
XV that an officer or employee is hold- nent. (The extent to which such in-
ing his position in violation of the Civil cebtedness may be recovered from the
Service Act and rules (letter of the retirement fund is explained on page
Comptroller General to the Postmaster | 200.) The employee's tax obligation in
General, dated July 20, 1939, quoted in the amount of the tax required to be
the Commissiou's minute 1 of July 26, withheld from compensation by section
1939).
162) of the internal Revenue Code, ils
immeudel, has priority
orer
other
WITH HOLDING SALARY IN OTHER CASES classes of indebtedness or obligation of
Withholding salary already earned by the employee to the United States (16
person serving under valid appoint-om). Gen. 547, December 3, 1936; 23
ment.—The act of February 24, 193: (46 Comp. Gen. 55.7. February 2, 194+; de-
Stat. 141.5; 5 U. S. C. 1940 ell. +0a), vision, comptroller General, October 31,
provides as follows:
1941).
1
(December 14, 1944)
289.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
There is no authority of law, except | officer of the United States in the
as provided in the acts set forth below, General Accounting Office credit shall
for the withholding of current salary have been disallowed for any payment
payments of Federal employees, as dis- to any person in the executive branch
tinguished from final salary payments of the Government, otherwise entitled
upon separation from the service, to- to compensation from the United States
ward liquidation of a Government or from any agency or instrumentality
debtedness, without the consent of the thereof, such compensation of the payee
employee concerned. An employee may may be withheld until full reimburse-
authorize deductions from his current ment has been accomplished under such
salary payments to liquidate his in- regulations as may be prescribed by
debtedness to the United States, al- the head of the department, branch, or
though he may not, for such purpose, independent establishment (including
authorize (eductions from the amount corporations) under which such payee
to his credit in the retirement fund is entitled to receive compensation :
while he remains in the service (Smith Provided, That nothing contained in
V. Juckson, 246 U. S. 388; 23 ('omp. this act shall be construed to repeal
Gen. 555, February , 194+; decision, or in any way modify existing laws
Comptroller General, October 31, relating to the collection of the indebt-
1944).*
edness of accountable or disbursing
Section 1766 of the Revised Statutes
officers.''
(5 U. S. C. 1940 ed. 82) provides as
*This statute is applicable only to an
follows:
indebtedness arising from the disallow-
"No money shall be paid to any per-
ance of a disbursing officer's account by
son for his compensation who is in the General Accounting Office, and does
arrears to the United States, until he not apply to cases where the indebted-
has accounted for and paid into the ness arises in other ways, as through
Treasury all sums for which he may
an erroneous settlement by the General
be liable. In all cases where the pay Accounting Office (17 ('omp. Gen. 12,
or salary of any person is withheld in July 9, 1937; 23 Comp. Gen. 555, Febru-
pursuance of this section, the General ary 2, 1944).
Accounting Office, if required to do so
Sertion 1622 of the Internal Revenue
by the party, his agent or attorney, Code, as amended, requires every en-
shall report forthwith to the General | ployer making payment of wages, in-
Counsel for the Department of the cluding the United States, to deduct
Treasury the balance due; and the and withhold upon such wages a tax.
General Counsel shall, within sixty days This provision is discussed in more de-
thereafter, order suit to be commenced tail in the note entitled "Tax deduc-
against such delinquent and his tions.” The authority to withhold ('ur-
sureties."
rent salary granted by this section ex-
*This section of the Revised Statutes tends only to the particular tax covered
The
is applicable only to accountable (fis- | by it, and not to other taxes.
(al) ofiicers of the United States, and serving of a Notice of Levy purporting
may not be invoked in the case of an
to seize moneys, etc., in the hands of
the Government belonging to an en-
employee (not an accountable officer)
who is indebted to the United States ployee, pursuant to the right provided
who is indebted to the United States by sections 3690, 3692, and 3710 of the
(23 ('omp. Gen. 55.), February 2, Internal Revenue Code to effect collec-
1941).*
tion of unpaid taxes by distraint and
The act of May 26, 1936 (49 Stat. levy, does not authorize the involuntary
1374; 5 U. S. C. 1940 ed. 46b), provides set-off of current salary payments due
as follows:
the employee against his Federal tax
"Hereafter, whenever upon the state- indebtedness (23 Comp. Gen. 911, June
ment of the account of any (lisbursing | 2. 1941).
(December 11, 194+)
1
RULE XV-WITHHOLDING SALARY.
289.02
A
Claims of private individuals againstject to execution, levy, lien, attachment,
employees. There is no authority to ap- garnishment, or other legal process.
ply amounts in possession of the tłnited Tax deductions.-Section 1622 of the
States in satisfaction of claims of pri- Internal Revenue Code (26 U. S. C.
vate individuals against the employee. | 1940 ed., supp. 'III, 1622), as amended
It is therefore necessary, in order to by the Current Tax Payment Act of 1943
determine whether such amounts may (Public Law 68, 78th Cong., June 9,
be withheld froin sums otherwise due 1943), requires every employer making
the employee in cases where excessive payment of wages to deduct and with-
or erroneous collections from private hold upon such wages a tax. Section
individuals are concerned, to determine 1624 of the Internal Revenue Code, as
whether the erroneous or excessive amender, provides that if the United
collections constitute public funds for States, a State, Territory, or political
the wrongful conversion of which an | subdivision, or the District of Columbia,
employee is liable to the United States or an agency or instrumentality of any
(5 Comp. Gen. 6, July 6, 1925; 5 Comp. one or more of the foregoing, is the em-
Gen. 638, February 17, 1926; 18 Comp. ployer, the return of the tax may be
Gen. 139, August 8, 1938; 18 Comp. Gen. made by the officer or employee having
524, December 8, 1938; 23 Comp. Gen. control of the payment of wages or other
723, March 25, 1944).
officer or employee appropriately desig-
There is an unbroken rule, estab- nated for that purpose.
lished by the case of Buchanan V. The amount of the leduction for the
Alexander, 4 How. 20, that. a (reditor tax, the withholding exemptions ap-
of a Governìent employee niay not plicable, and the furnishing of with-
attach or garnish his wages by action holding exemption certificates by the
against the United States, its officers, or employee to the employer, are governed
the funds from which such wages will by section 1622 of the Internal Revenue
be paid, unless the United States has Code, as amended by the Current Tax
consented to such proceedings. In that Payment Act of 1943, cited above, and
connection, see McGrew v. McGreu, 38 by section 22 of the Individual Income
: F. (20) 541, 544; McCarthy v. United Tax Act of 1944 (Public Law 315, 78th
Stutes Shipping Board Merchant Fleet Cong., May 29, 1944). This section pro-
Corporation, 53 F. (20) 923; Applegate rides alternative methods of computa-
V. Applegate, 39 F. Supp. 887, It equally tion, one by a wage-bracket withholdling
is well settled that proceedings against table, the other by application of the
property of the United States may not prescribed percentage rate to the aniount
be maintained where it has not waived of wages in excess of the withholding
its sovereign immunity (23 Comp. Gen. exemption. Under a circular issued
11, June 2, 1944, and cases cited therein). June 29, 1943, by the Office of the Sec-
The act of May 29, 1944 (Public Law | retary of the Treasury to the heads of
319, 78th Cong.), which provides an departments, independent establish-
nuities for former citizen employees of ments, and agencies of the Federal Gov-
the Isthmian Canal Commission and ernment, the rates in the tables provided
Panama Railroad Company who served by section 1622 of the Internal Revenue
at least three years on the Isthmus dur-Code, as amended, shoull be utilized in
ing the construction of the Panama the interest of uniformity in the Federal
Canal (May 4, 1904, to March 31, 1914, Government. These rates accordingly
inclusive), and to their widows under form the basis of the United States
certain conditions, specifically provides Government Salary Tables subsequently
that none of the annuities or moneys issued as supplements to General Regu-
mentioned in that act shall be assign- lations 54 of the General Accounting
able, either in law or equity, or be sub-1 Office.
:
}
A
(I)ecember 14, 1944)
289.03 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
*
Rulings governing the amount to be | The amounts thus temporarily with-
deducted from the salaries of Federal held from the employee's salary do not
employees for tax purposes in cases in- lose their identities as current salary if
volving transfer from the jurisdiction of currently withheld, or as final salary if
one disbursing office to that of another, withheld from the final salary payment.
increases in salary within a pay-roll The question whether such deductions
period, and service for a fraction of a are available for set-off against the en-
pay-roll period, are contained in a de ployee's indebtedness to the United
cision of the Comptroller General of States is governed, therefore, by the
August 12, 1944 (24 Comp. Gen. 104). general rules respecting set-off (on-
The amount of tax withheld may not pensation. Where an employee's net
be applied for any purpose other than (urrent salary (that remaining after
payment of the tax. An employee's deductions have been made for the puu-
final salary payment may not be set chase of War Savings Bonds) has been
off against his indebtedness to the paid to him, the bond purchase deduc-
United States without first deducting tions may not, without consent, be set
the applicable tax. However, where the off against his indebtedness to the
indebtedness results from overdrawii United States, regardless of whether
leave or other overpayment of compen- he has been separated from the serra
sation, an accounting adjustment is re- ice; however, the entire amount of final
quired to credit the salary appropriation salary payment, including, the amount
and charge Internal Revenue collections thereof that otherwise would have been
(see page 503.02), and the matter should applied toward the purchase of a bond,
be referred to the Claims Division of the may be set off with or without consent.
General Accounting Office for appropri- An uudelivered War Savings Bond
ate action (23 ('omp. Gen. 16, July 10, purchased with deductions made from
1943; 24 Comp. Gen. 104, August 12, other than the final salary payment of
1944; (lecision, Comptroller (eneral, UC- an employee who has been separated
tober 31, 1944).
from the service may not, without con-
Deductions for United States War Sav- sent, be canceled and applied toward
ings Bonds.-Under the “Voluntary liquidation of his indebtedness to the
l'ay-roll Savings Plan" established by United States, but should be delivered
Treasury Department Circular No. 677 to him.
(Revised), May 13, 1942, with the ap- Deductions for the purchase of War
proval of the President as contained in Savings Bonds made from the final
Executive Order No. 913.) of April 16, salary payment of an employee who is
1912, the employee agrees to purchase indebted to the United States should
a savings bond by an allotment withheld not be used for the purchase of a bond
from his compensation upon the Gore but showd be applied toward liquida
ernment's promise to issue and deliver tion of his indebtedness; however, if
a savings bond to the employee when the through inadvertence or otherwise a
amount in the bond account is equiva- bond is purchaseil, the bond may be re-
lent to the purchase price of a bond of turned to the Treasury Department for
the denomination requested in his allot- cancellation—the amount thereof rep-
ment authorization. The Comptroller resenting deductions from final salary
General, in a decision of April 20, 1942 payment to be applied toward the in-
(21 Comp. Gen. 942), stated that liis debtedness and any amount represent-
office was not required to object to such ing déductions from earlier (lurent
il plan.
salary payments to be returned to the
This plau merely results in il tempo employee in the absence of his consent
rary withholding of current salary pay- to set-off (recision, ('omptroller Gen-
ments of civilian officers and employees. I eral, October 31, 1944). *
(December 14, 1944)
RULE XV_WITHHOLDING SALARY
290
A
Administrative discretion to withhold "All claims and demands whatever by
salary.-In the absence of statutory au- the Government of the United States or
thority, express or implied, an officer against it, and all accounts whatever
or employee of the Government may in which the Government of the United
not be administratively deprived of his States' is concerned, either as debtor
lawful compensation. If it is at- or creditor, shall be settled and adjusted
tempted, the employee would be en- in the General Accounting Office.”
titled to his day in court as in con- In the settlement of claims coming
nection with other claims asserted by within the purview of this statute it
the United States against its citizens. has been the invariable rule that all
In the absence of statutory authority, such claims must be over the signature
it is not within the power of the head of the claimant or of one acting for him
of a department to enforce such claims pursuant to a duly executed power of
by adininistrative action save with the attorney. Unless so presented within 10
acquiescence of the employee (opinion, years from the time it accrues, il claim
Attorney General, March 25, 1941). which would otherwise be cognizable
*Similar views are expressed by the by the General Accounting Office under
Comptroller General in a decision of the terms of the statute is forever
February 2, 1944 (23 Comp. Gen. 555). barred by the act of October 9, 1940 (54
The act of February 24, 1931 (see Stat. 1061 ; 31 U. S. C. 1940 ed. 71a).
page 289), which prohibits the "with. It is improper for an administrative
holding or confiscation of earned pay, agency to initiate and forward to the
salary, or emolument of any (ivil em- General Accounting Office for direct set-
ployee of the United States removed for tlement claims for amounts otherwise
(ause", does not have the effect of ren- due former employees, without the
dering illegal an administrative action claim's being presented over the signa-
suspending an employee from duty with- ture of the employee (24 Comp. Gen. 9.
out compensation or withholding com- | July 1, 1944).
pensation for nonworkdays for disei-
WITH HOLDING EMPLOYEE ASSETS IN THE
plinary reasons while the employee re-
mains on the roll (23 Comp. Gen. 541,
RETIREMENT FIND
January 23, 1944).
Annuity payments.—The amount of
Withholding salary to satisfy tort an employee's retirement annuity in-
claims.--See opinion, Attorney General, stallments under the Civil Service Re-
March 25, 1941.
tirement Act, as amended, may be
*Collection of refunds for overdrawn applied in liquidation of his indebted-
leave.-See page 503.02.
ness to the Uniteil States. This rule is
Correction of underpayments. Where applicable not only to annuities result-
compensation is not paid currently to ing directly from retirement, but also to
an employee, or where he is underpaid anmuitr payments due il former em-
and such underpayment is not discov-ployee pursuant to section ij of the act
ered until some time later, there is no of January 27, 1942, providing for an-
requirement on the part of the admin- nuity benefits at a certain age to former
istrative office to make suel payment to employees who have been separated
the employee or to encourage the filing from the service after serving 5 or more
of a claim therefor.
years (21 Comp. Gen. 1000, May 8, 1972,
Section 236 of the Revised Statutes, and decisions therein vitel).
as amended by section 305 of the Budget Retirement deductions.- The amount
and Accounting dot of June 10, 1921 to an employee's credit in the retire-
( +2 Stat. 24; 31 L'. S. (. 1940 ed. 71), ment fund is not available for liquida-
provides as follows:
tion of the indebtedness, either with or
*
(December 14, 1914)
290.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
*
without his consent, while he remains | 5 of the act of January 24, 1942, are
in the service. This is true regardless available for set-off against an indebteil-
of the length of his service (23 Comp. ness to the Government if and when the
Gen. 555, February 2, 1944).
employee makes claim for refund there-
Retirement deductions which are of (21 Comp. Gen. 1000, May 8, 1942).
made from an employee's salary on and Government claims of $10 or less.-
after the date of the act of January 24, The General Accounting Office has in-
1942, amending the Civil Service Re- structed the Commission to honor Gov-
tirement Act, and which, úpon separa-ernment claims of $10.00 or less wiihout
tion of the employee from the service, review. When a claim for $10.00 or
are required to remain in the retirement less is filed with the Commission, trans
fund as a basis for future annuity pay- fer of funds shall be made if suflicient
ments if the employee has had 5 years or data liave been furnished by the de-
more of service, are not available afterpartment or agency to enable a proper
separation for set-off against an indebi- | transfer. Accordingly, in each such
edness to the Government, but if the case where the necessary information is
employee dies prior to becoming eligible submitted regarding amount, appropria-
for an annuity, any amount to his credit tion, disbursing officer's symbol number,
in the retirement fund otherwise pay- etc., set-off will be accomplished against
able to his estate is available for set-off any amount otherwise due and payabl.)
purposes.
to the former employee. This rule ap-
Retirement deductions made prior to plies to overdrawn leave cases as well
January 24, 1942, from the salary of an as other Government claims (retirement
employee within the purview of section | circular No. 111, June 2, 1944).*
1
(December 14, 194+)
CONDUCT OF OFFICERS AND EMPLOYEES
429
NOTES ON DUAL EMPLOYMENT AND EXTRA COMPENSATION
NATURE OF THE DUAL- AND EXTRA- States v. King, 1893, 147 U. S. 676;
COMPENSATION STATUTES
EVOLIUS v. United States, 1909, 44 Ct.
Purpose of the dual-employment and Cls. 549, affirmed by 45 Ct. Cls. 169;
extra-compensation statutes. The pur-
Hoyt y. United States, 1851, 10 How.
pose of sections 1763, 1764, and 1765 of 109; Pack v. United States, 41 Ct. Cis.
the Revised Statutes was to - prevent 423; Woodwell v. United States, 1909,
a person who holds an office or appoint- 214 U. S. 82; 22 Dec. Comp. Treas. 693,
June 23, 1916).
ient for which the law provides a defi-
nite compensation (by way of salary
In view of the holding of the courts
or otherwise) intended to cover all the that the sections of the Revised Stat-
services which he inay be called upon
utes cited above did not prohibit the
to render as such officer, from receiv holding by the same person of two dis-
ing extra compensation, additional al- tinct offices, each with its own duties
lowances, or pay for other services
and compensation, Congress passed the
which may be required of him, either | act of July 31, 1894 (28 Stat. 205; see
hy act of Congress or by order of the page 426), prohibiting the appointment
head of his department, or in any other to or the holding of an office by anyone
mode added to or connected with the who at the time holds an office with a
regular duties of the place which he salary of $2,500 or more attached, unless
holds. There is no discretion left in specially authorized by law (Pack v.
any officer or tribunal to make allow- United States, 41 Ot. Cis. 414, 428).
ances for extra service unless it is au-
This statute does not prohibit ap-
thorized by some law of Congress. The pointment of such an officer to an office
prohibition is general and applies to all
to which no compensation is attached.
public officers or quasi-public officers
Money received in connection with such
who have a fixed compensation. Sec-
an office for actual transportation ex-
tions 1763, 1764, and 1765 have no
penses or per diem in lieu of subsistence
application to the case of two distinct
is not "compensation" within the mean-
offices, places, or employments, each of ing of the statute (16 Comp. Gen. 813,
which has its own duties and its own
March 5, 1937; 15 Comp. Gen. 828,
compensation fixed by law or regula- March 21, 1936, kas modified by 22
tions, unless the offices are incompati- Comp. Gen. 312, October 3, 1942). As
ble. When a statute increases the
to the effect of within-grade salary ad-
duties of an officer by the addition of vancements and overtime compensation
other duties germane to the office, he upon the application of the $2,500 re-
must perform them without extra constriction, see page 430. See also notes
pensation (except as provided in the
as to employment on a part-time, inter-
classification laws, or by statute), but mittent, temporary, or fee basis, pages
if he is employed to render services 32 to 433. As to applicability of the
in an independent employment, not in- 1894 statute to employment in Gov-
cidental to his official duties, he is not ernment corporations, see page 433.*
prohibited from recovering for such
Later, by the act of May 10, 1916 (39
services by sections 1763, 1764, and Stat. 120) (see page 426), Congress pro-
1765 of the Revised Statutes (United hibited the payment to the same person
States v. Saunders, 1887, 120 U. S. 129; of the salaries of two offices where the
Crosthwaite v. United States, 1895, 30 combined salaries exceed $2,000 per
Ct. Cls. 300; Badeau v. United States, annum. The provisions of the act of
1889, 130 U. S. 439; Winchell v. United May 10, 1916, as amended, are appli-
States, 1892, 28 Ct. (s. 25, 30; United cable only to cases in which the salary
4
(December 14, 1944)
430 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
payments involve funds which have been from accepting appointment to another,
appropriated by the Congress or finds the incumbent, in the absence of sonie
which are collected and authorized to be affirmative action effectively and legally
expended as appropriated funds; they terminating the first office, may not
do not apply to funds coming from the legally be appointed to another office,
profits of a self-supporting organiza- and any such attempted appointment or
tion for which there is no appropria acceptance thereof is without legal eľ-
tion, such as the United States Army fect (23 Comp. Gen. 172, September 6,
Motion Picture Service (14 Comp. Gen. 1943).
822, May 10, 1935; 17 Comp. Gen. 786,
Attention may be called to the fact
March 29, 1938; 20 Comp. Gen. 189, Octo- that the prohibitions in section 6 of the
ber 4, 1910).
act of May 10, 1916, as amended, and
Applicability of dual-compensation section 212 of the act of June 30, 1932,
statutes to cases of separation from one as amended, are directed not against the
position and appointment to another.-
holding of two offices, or appointnica:t,
No payment of compensation may be to a second office, but against the play-
regarded as in contravention of the ment of money to a person holding two
dual-compensation act of May 10, 1916, offices for which the combined rate of
as amended, unless there be involved compensation is in excess of a specified
payments of more than one salary dur-
amount. Section 2 of the act of July
ing the same period of time, the com- | 31, 1894, as amended, differs from these
bined rate of which was more than acts in containing an outright prohibi-
$2,000 per annum. Dual employment tion against the holding of two offices,
may be illegal, however, even though or acceptance of appointment to a sec-
there are no illegal payınents (18 Comp. ond office, where the conditions stated
Gen. 1010, June 30, 1939). (See note on
therein exist. A person who receives a
“Termination of furlough or leave-payment which is illegal under the 1894
without-pay status upon acceptance of act, therefore, has no right of election
other Federal employment," page 432). / as to the salary payment to be re-
The dual-compensation act of May funded, such as is possessed by persons
10, 1916, as amended, has no applica- who receive payments which are illegal.
tion where the employee relinquished under the 1916 or the 1932 act.
one position at 6:30 a. m. and entered
*In view of the provision in the art
upon duty in another position at 8 a, m.
of July 31, 189 t, as amended, prohibit-
of the same day (12 Comp. Gen. 583, ing persons whose annual compensa-
April 11, 1933).
tion in one office amounts to $2,500 or
As to receipt of compensation for more from holding another office to
terminal annual leave in one position which compensation is attached, the
after entry iipon duty in another, see holding by a retired Army officer of
notes on page 506.
il civilian position became invalid on
Private employment while in leave the date the salary attaching to the
status.-See notes on page 516.
position equaled $2,500 per annum due
Effect on tenure of violation of dual- to a within-grade salary advancement
employment statute.—Where the holdi-puustant to the idet of August 1, 1941,
ing of two public offices is forbidden and the salary paid to him in such posi-
by a constitutional or statutory provi- tion on and after that date, having been
sion, the acceptance of a second office made in (lirerit contravention of law,
is regarded as a resignation or relin- must be refunded by him. Such an ad-
quishment of the first office; but where vancement may not be delayed or de-
there is an express statutory provision feated by action of the administrative
prohibiting the incumbent of one office office or the employee, if all of the terms
(December 14, 1947)
CONDUCT OF OFFICERS AND EMPLOYEES
430.01
and conditions necessary to authorize | 49), is not to be considered in deter-
the advancement have been met, even mining whether a salary payment would
though it may preclude the employee be'in contravention of the act of July
from remaining in the position because 31, 1894 (23 ('omp. Gen. 445, Decem-
of the operation of the act of July 31, ber 16, 1913).*
1894, as amended (24 Comp. Gen. 52, Basis for determining amount of com-
July 25, 1944).
bined salaries.-The restriction to $2,-
A reclassification or reallocation of a 000 of the amount which may be paid
position based upon the duties and re- to a person who is employed in more
sponsibilities thereof, which is finally than one salaried position, *contained
consummated, may not be regarded as in section 6 of the act of May 10, 1916,*
void simply because of the fact that refers to the rate of pay and not to the
the incumbent of the position happens aggregate amount receivel. For ex-
to be prohibited by operation of the act ample, if an employee receives a salary
of July 31, 1894, from holding the posi- at the rate of $1,000 or more per annum
tion at the higher salary rate after it is unlawful for him to receive pay in
reallocation. If the incumbent is sub- another position at any rate wlien the
ject to the prohibition in the 1894 stat combined amount exceeds $2,000 per
ute because of the receipt of retired annuin. This is true even though he
pay as a retired officer of the armed may be on annual leave from one posi-
forces, he cannot elect to refund his re- tion while working in the other. The
tired pay, but must refund the salary Comptroller General of the
the United
received in his civilian position for the States has requested the Commission
period covered by the prohibition in the to report any such cases which come to
1894 act, and may not be retained in the its attention (4 Comp. Gen. 736, March
civilian position. He may, however, be 6, 1925; Commission's minute 4 of Feb-
appointed to and hold a civilian posi- ruary 4, 1928).
tion which carries it basic salary rate It is immaterial on what measure of
not within the prohibitions of the dual-time the salary is based, whether per
compensation statutes (23 (omp. Gen. annum, per (liem, per hour, or piece-
415, December 16, 1943).
work, if the remuneration constitutes
The Overtime (ompensation author- salary as distinguished from fees. The
ized to be paid under the War Overtime salary in each instance must be reduced
Pay Act of May 7, 1943 (Public Law Ito or computed on an annual basis to
-
*
(December 14, 1944)
431 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
determine whether there has been a *
violation of the statute (8 Comp. Gen. Election by employee as to salary to
261, November 19, 1928).
be refunded.-In cases involving pay-
Payment of traveling expenses is a ment of two salaries in two positions
reimbursement of expenses incurred on in contravention of the dual-compensa-
behalf of the Government to which the tion act of May 10, 1916, as amended, the
dual-compensation 'acts do not apply employee has a right of election to re-
(15 Comp. Gen.. 828, March 21, 1936, fund the salary of either position or
kas modified by 22 Comp. Gen. 312, Oc- employment, and only in the event the
tober 3, 1942).
employee fails to make an election will
While suins paid for ordinary annual it be presumed that he would elect to
leave are to be regarded as "sala ry" retain the salary of the position which
within the ineaning of the dual-compen-would give him the greater sum (22
sation statutes of 1916, lump-sum pay- Comp. Gen. 654, January 15, 1943). As
ments for terminal annual leave authors to the effect of such election upon ac-
ized under special authority such as the crued and accumulated annual leave, see
act of July 12, 1943, in connection with notes on page 506. As to lump-sum
the liquidation of an agency, are not payments for accumulated and accrued
"salary” within the meaning of the annal leave under the act of December
dual-compensation statutes (23 Comp. 21, 1944, which are not regarded as
Gen. 208, September 23, 1943). The salary for purposes of the dual-compen-
same is true of lump-sum payments for sation statutes, see page 483.01.
accumulated and accrued annual leave See also note on "Effect on tenure of
under the act of December 21, 1944 (see acceptance of second office or position”,
page 183.01).*
Withholding retirement annuity in
Duties under two bureaus of same
dual-employment cases.- Where, after department.-If the positionoccupier?
the retirement of a civilian employee, by an employee requires duties to be
and in the adjudication of an applica- performed under two bureaus of the
tion for annuity under the act of May
same department, the payment of com-
29, 1930, 46 Stat. 468, it is ascertained
that during a period of his service he pensation under the two appropriations
provided for the respective bureaus,
was employed in two positions and in
at a rate in excess of $2,000 per an-
receipt of two salaries exceeding, in
mum, but not in excess of the maximum
the aggregate, the per annum rate au-
thorized by law for dual employment, salary rate fixed for the grade or sal-
there is authorized to be withheld from ary range in which the position has
the annuity as payments become due a
been placed or allocated, is not pro-
sufficient amount to liquidate the inhibited by the terms of section 6 of
debtedness (16 Comp. Gen. 1017, May the act of May 10, 1916, as amended by
20, 1937). *As to the availability of the the act of August 29, 1916, 39 Stat.
retirement fund for purposes of liquidat- 582 (10 Comp. Gen. 233, November 22,
ing indebtedness, see page 290.*
1930).
page 430.
(December 14, 1944)
CONDUCT OF OFFICERS AND EMPLOYEES
432
as
Termination of furlough or leave- sion authorizing employment "of per-
without-pay status upon acceptance of sons serving away from their homes
other Federal employment.--The dual- without other compensation from the
compensation statutes do not preclude United States" (23 Comp. Gen. 275, Octo-
an enployee from occupying a tem- ber 16, 1943).
The retired pay of a retired Army
porary or seasonal position while on
involuntary furlough without pay, as officer, however, is "other compensa-
distinguished from voluntary furlough tion from the United States” within the
or leave of absence without pay, from meaning of such provisions (22 Comp.
Gen. 174, September 2, 1942).
a permanent status either in the same
or different department or establish- EMPLOYMENT IN A SECOND POSITION ON A
ment of the Government; regardless of PART-TIME, INTERMITTENT, CONTRACT,
the individual or total amount of the OR FEE BABIS
compensation attached to the positions
General principle.—No payment of
involved, and termination of the fur-
compensation may be regarded as in
lough status in such cases is not re-
contravention of the dual-compensation
quired. A voluntary furlough or leave act of May 10, 1916, 39 Stat. 120, as
of absence without pay is terminated, amended, prohibiting payment to any
however, by.such temporary or seasonal person receiving more than one salary
appointment if the amount of compen when the combined amount of said sal-
sation of the positions involved is such aries exceeds the sum of $2,000 per
to bring employment in them annum, unless there be involved pay-
within the scope of the dual-compensa- ments of more than one salary during
tion statutes.
the same period of time, the combined
Furloug or leave without pay of rate of which was more than $2,000 per
either type, voluntary or involuntary,
annum. Dual employment may be' il-
is terminated by permanent, indefinite, legal, however, even though there are
or probational appointment in another
no illegal payments (18 Comp. Gen. 1010,
Federal position (12 Comp. Gen. 76, June 30, 1939). (See also notes on
July 19, 1932; 12 Comp. Gen. 403, Oc-
"Termination of furlough or leave-
tober 19, 1932; 12 Comp. Gen. 501,
without-pay statụs upon acceptance of
other Federal employment”, above.)
January 19, 1933; 13 Comp. Gen. 14,
*Part-time, intermittent, or tempo-
July 11, 1933; 16 Comp. Gen. 720,
rary employment does not constitute
February 3, 1937; 16 Comp. Gen. 951, the holding of an office to which com-
April 23, 1937 ; 18 Comp. Gen. 893, May pensation is attached within the mean-
29, 1939).
ing of section 2 of the act of July 31,
Private employment during fur- 1894, quoted on puge 426 : (23 Comp.
lough.-The acceptance of private em- Gen. 900, 902, May 27, 1944, citing 14
ployment by a Federal employee during Comp. Gen. 68, July 25, 1934; 22 Comp.
a period of furlough without pay does Gen. 312, October 3, 1942; 23 Comp. Gen.
not automatically terminate his fur- 275, October 16, 1943).*
lough status (20 Comp. Gen. 488, Feb- Employment where combined rates do
ruary 27, 1941).
not exceed $2,000 per annum.-The em-
Appointment under acts authorizing ployment on different days of the same
employment "without other compensa- person in two part-time positions under
tion from the United States.”—Persons different departments of the Govern-
who receive compensation for services ment, such as substitute letter carrier
rendered in another capacity and at dif- and guard to prisoners, with an aggre-
ferent times in the same or another gate compensation in the two positions
ilgency are not made ineligible thereby not in excess of the rate of $2,000 per
for employment under a statutory provi- annum, is not in contravention of the
(December 14, 1944)
433 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
an
dual-compensation act of May 10, 1916, exceeds $2,000, or either of them exceeds
as amended. This principle is not ap- $2,500 per annum (16 Comp. Gen. 909,
plicable where one of two positions April 1, 1937).
occupied by the same person is full- The employment on a fee basis for
time, whether under the same or differ- services actually performed of a full-
ent department, nor to two part-time time employee of another Government
positions under the same department if agency is not prohibited by the dual-
in contravention of the provisions of compensation statutes if the positions
section 1765, Revised Statutes (11 or employments are separate and dis-
Comp. Gen. 200, November 19, 1931). tinct and not incompatible with each
Employment where combined rates other, the salary or compensation for
exceed $2,000 per annum, but salary each is fixed by law or regulation, and
actually received is less than $2,000.- the fees are not computed on a per diem
In general, the receipt of more than or other time basis (based on 22
one of two salaries which exceed the Comp. Gen. 312, October 3, 1942).
rate of $2,000 per annum when com- Mail messengers and job cleaners at
bined is prohibited by the act of May first- and second-class post offices, regu-
10, 1916, as amended, even though worklarly employed and whose salary is fixed
is performed in one of the two capaci. on an annual basis, may be paid the fees
ties for only a few days a year, but authorized by law and regulation for
when the terms of the appointment or service as special-delivery messengers
contract of employment so limit the in addition to their regular salary with-
number of hours of service per day or out contravening any of the dual-com-
days of service per week, month, or pensation statutes, provided such serv-
year, as to fix the annual rate of ice is not performed during a regular
compensation at amount which tour of duty (21 Comp. Gen. 146, Au-
together with the rate of the other gust 16, 1941).
position would not exceed $2,000
Section 2 of the act of July 31, 1894
per annum, the act of May 10, 1916, as (seę page 426), as amended, prohibits,
amended, is not applicable. (See 17 | except in certain cases, any person hold-
Comp. Gen. 250, September 14, 1937, and ing an office the salary or annual com-
18 Comp. Gen. 614, January 17, 1939.) pensation attached to which amounts to
Employment per diem or fee the sum of $2,500 from being appointed
basis.-The dual-compensation act of to or holding any other office to which
May 10, 1916, as amended, is not for compensation is attached. Employ-
application to part-time or intermittent ment as an expert or consultant on a
employees performing services for dif- “when actually employed" basis,
ferent Government agencies, or in dif- whether on a fee basis or per diem
ferent branches of the same executive basis, is not employment in an "office
department, on different days or at dif- to which compensation is attached”,
ferent times if payment is on a per diem within the meaning of the statute (23
or fee basis for time actually employed Comp. Gen. 275, October 16, 1943).
(15 Comp. Gen. 751, March 2, 1936; 23
Comp. Gen. 275, October 16, 1943).
APPLICABILITY OF THE DUAL-COMPENSA-
The employment by one Federal
TION STATUTES TO SPECIAL GROUPS OF
agency on a contract fee basis of a
EMPLOYEES
person serving under another Govern-
ment agency in a part-time position *Employment in Government corpora-
à per annum pay basis is not tions.-The prohibition in the act of
prohibited by the dual compensation July 31, 1894, as amended (see page
statutes, notwithstanding the combined 426), is applicable to employment by
compensation of the two employments Government corporations, in the al-
on
00
(December 14, 1944)
CONDUCT OF OFFICERS AND EMPLOYEES
433.01
sence of a statutory provision to the tion and Government corporations cre-
contrary. However, the provision inated by it are concerned. It has no
section 3 of the Reconstruction Finance effect, however, upon the provision in
('orporation Act of 1932 (47 Stat. 5, section 212 of the "Economy Act" of
January 22, 1932; 15 U. S. C. 1940 ed., 1932 (see page 428), limiting the com-
603), that nothing contained in any act bined rate of civilian compensation and
shall be construed to prevent the ap- retired pay of retired Army officers who
pointment and compensation as an em- are appointed to civilian positions (23
ployee of the corporation of any Gov- Comp). Gen. 815, April 27, 1944).*
ernment employee, operates to remove Retired policemen and firemen, Dis-
the restriction in the 1894 act so far as trict of Columbia.—The act of May 10,
the Reconstruction Finance Corpora- | 1916, as amended, does not apply to re-
(December 14, 1914).
434 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
tired firemen of the District of Colum- | District of Columbia government other
bia because their retired pay is not than the Board of Education, in ac-
salary within the meaning of the act cordance with the rules of the Board
(decision, Comptroller General, July 17, of Education governing the use of school,
1929). Although retired policemen of buildings and grounds, including their
the District of Columbia are not specifi. use for day or evening schools; and
cally named in the decision, it would nothing therein
therein contained
contained shall be
undoubtedly apply to them because their deemed to prevent any custodial em-
retired pay is derived from the same ployee from receiving in addition to his
fund as that of firemen (Commission's pay, salary, or compensation as an em-
minute 4 of July 24, 1929).
ployee of the Board of Education of the
District of Columbia school em- District of Columbia any other pay, sal-
ployees. The act of *June 28, 1944 ary, or compensation at a rate not in
(Public Law 371, 78th Cong., June 28, excess of the rate of pay received as
1944),* provides that "section 6 of an employee of the Board of Education,
the Legislatire, Executive, and Judicial for services which may have been ren-
Appropriation Act, approved May 10, dered subsequent to May 31, 1941, or
1916, as amended, shall not apply from which may hereafter be rendered to any
July 1 to September 15, *1944,* to Federal agency or department of the
teachers of the public schools of District of Columbia government other
the District of Columbia when em-than the Board of Education, during its
ployed by any of the executive depart- use of school buildings under the juris-
ments or independent establishments of diction of the Board of Education of
the United States Government." Prior the District of Columbia.” This statute
to the enactment of this act, the Comp. superseded a decision of the Comptroller
troller General had held in a decision General dated January 16, 1942.
of July 14, 1941 (21 Comp. Gen. 20), Fourth-class postmasters. The
that public school teachers of the Dis- amount of remuneration paid to a
trict of Columbia may not be employed fourth-class postmaster constitutes
by a Federal agency during the summer "salary" within the meaning of section
vacation period where the rate of annual 6 of the act of May 10, 1916, as
compensation as a public school teacher, amended (11 Comp. Gen. 41, August 1,
when combined with that received as 1931).
a Federal employee, exceeds the $2,000
United States commissioners. The
limitation of the dual compensation act provision in the act of June 18, 1929,
of 1916.
46 Stat. 21, permitting employees of
The act of July 1, 1942 (56 Stat, 467),
('xecutive departments and establish-
provides : "Section 6 of the act entitled
ments, with the consent of the head
'An act making appropriations for the
of the department or establishment con-
legislative, executive, and judicial ex-
cerned, to be employed and compen-
penses of the Government for the fiscal
year ending June 30, 1917,' approved sated for field work in connection with
May 10, 1916 (39th Stat. 120), and acts the Fifteenth Decennial Census, does
amendatory thereto, shall not apply to not apply to United States commission-
the custodial employees who are in the ers, as they are not employees of un
employ of the Board of Education of executive department; nor does such
the District of Columbia when such provision overcome the prohibition in
employees are performing work required section 20 of the act of May 28, 1896,
of them in school buildings (luring the 29 Stat. 184, against a civilian em-
time these buildings are used for non-ployee holding office as a United States
recreational official purposes by any commissioner (10 Comp. Gen. 126,
Federal agency or department of the September 16, 1930). However, "clerks
(December 14, 1947)
JÓN 28:45
JK ?
633
A 22
CIVIL SERVICE ACT AND RULES
TRANSMITTAL SHEET NO. 26
December 21, 1944
These sheets should be cut or torn apart along the perforations.
They should then be substituted as shown on the back of this page for
pages of the loose-leaf edition of the "Civil Service Act and Rules."
The steps in making the insertions are explained on page XX of the
introductory chapter, "How to Use This Book." The date of this trans-
mittal sheet and the date of filing should then be noted on the "Filing
Record" at the front of the book, and this page should be filed immedi-
ately behind Transmittal Sheet No. 25.
When this filing is completed pages 1 to 220, 291 to 365, 377 to 490,
and 506 to 515 will be up to date as of December 21, 1944.
It will be noted that several pages have been eliminated entirely as
a result of the numerous changes in transfer of leave and terminal leave
made by the act of December 21, 1944. This act appears on page
483.01.
Remarks
Additions have been made on pages 89.01, 89.02, 139.01, 470, 481,
483.01, 483.02, 506.01, and 511.
Deletions have been made as indicated on pages 506, 510, 511.01,
513-514, and 515.
Changes have been made on pages 139.01, 482, 506, 507, 510, 511,
511.01, 512, 513-514, and 515.
Most of the changes and deletions on pages 506 to 515 are the result
of the act of December 21, 1944 (the "Lane bill"), quoted on page 483.01,
although some reflect the new leave regulations which will be pub-
lished in the next installment. The exact status of the various leave
decisions which have been published hitherto on pages 490 to 518 will
not be definitely fixed until the Comptroller General has interpreted the
act of December 21, 1944, and the new leave regulations. In the mean-
time, the editor has dropped the decisions which are clearly super-
seded and those which are now so doubtful that their retention might
mislead the users of the Act and Rules. He has, in general, retained
decisions, even though their status under the new legislation and regu-
lations is doubtful, if it did not appear that their retention might mislead
the user A number of decisions which are clearly superseded in
separation cases by the act of December 21, 1944, have been retained
because they may still be in effect where the employee is furloughed
or placed on leave without pay instead of being separated.
623765 0-44
TRANSMITTAL SHEET NO. 26 (December 21, 1944)
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Page
Edition date
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Edition date
89
89.01
September 21, 1944..
do...
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89. 01
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90
September 21, 1944, .
December 21, 1944.
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90
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October 5, 1944.
December 21, 1944.
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October 31, 1943.
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483
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484
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July 5, 1944 .
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NOTE.-Pages of the October 31, 1943, edition bear no edition date in the lower
outside corner.
VITE STATSor AMEAU
JAN 28:45
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT
89
In reinstatement and transfer cases, from said date, provided the other
the Commission is primarily concerned conditions necessary to make the ap-
with the qualifications of the proposed pointment effective have been fulfiiled
appointee and not with the proper on said date (17 Comp. Gen. 369, Oc-
salary rate payable. The responsibility tober 28, 1937).
for determining the proper salary rate *As to the use of Standard Forin 63
in such cases rests upon the agency con- to obtain information necessary for de-
cerned (Commission's minute 2 of Sep-termining the effective date of employ-
tember 27, 1943).
ees' entrance on duty in cases of trans-
Effective date of appointment.--Com- fer, see notes on page 155.02.*
pensation may not be paid to an em". SPECIAL REQUIREMENTS APPLIED AT TIME
ployee prior to the effective date of his
OF APPOINTMENT
appointment, and an appointment may
Physical Requirements
not be made retroactively effective to
(See section 3 of war-service regulation II)
cover services rendered. Appointments
are effective froin date of acceptance
Standards applied in determining
and entrance on duty after the appoint physical fitness.—The following state-
ing power actually takes action, unless ment will be used in examination an-
a later date is stated in the appoint-nation is for a position which does not
the exami-
ment, and may not be retroactive.
(See 8 Comp. Gen. 582, May 3, 1929; 17 require full physical ability for the per-
formance of the duties :
Comp. Gen. 323, October 11, 1937; 18
“Applicants must be physically ca-
Comp. Gen. 907, June 5, 1939; and 20 pable of performing the duties of the
Comp. Gen. 267. November 19, 1940).
position and be free from such defects
The rendition by a newly appointed or diseases as would constitute employ-
employee of service of any substantial ment hazards to themselves or endanger
kind, however temporary (whether their fellow employees or others. **"
duty, instruction, training, observation, Where an examination is being an-
selection, or probation), after having nounced for a position which does not
otherwise qualified for the position is require, for the performance of the
sufficient to justify an administrative duties, full physical ability, the follow-
certification that the enployee has ing sentence should be added to the
entered upon duty, even though the em- statement just quoted :
ployee has not arrived at his first per- “Persons with physical handicaps
manent (luty post, so as to authorize which they believe will not prevent their
payment of salary (22 Comp. Gen. 869, satisfactory performance of the duties
March 6, 1943).
stated above are invited to apply.”
*An employee who accepted an ap- Where the appointing officer and the
pointment to a position effective on Commission** have agreed that it is
Saturday, a regular workday, and took advisable to insert a more detailed
the oath of office on that day but dirt statement as to physical requirements,
not enter upon duty until the following the detailed statement covering such
Monday, the next workilay, is entitled requirements will follow this general
to compensation for the intervening statement. In addition, offers of ap-
Sunday, but not for Saturday (decision, pointment or notices to report for work
Comptroller General, August 21, 1941).* will specify these requirements and will
Where the law provides for appoint advise the prospective appointee not:
ment of employees by one officer with to report unless he meets such require-
the approval of another officer, the ap- ments (departmental circular No. 323,
proval when given relates back to the revised, March 30, 1942; actions of Com-
date of action by the appointing officer mission, January 4, 1943, and August 4,
and makes the appointment effective | 1944).
(September 21, 1944)
89.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
Responsibility for determining phys- The provisions of the preceding para-
ical fitness.-In direct-recruiting cases, graphs as to responsibility for deter-
the responsibility for determining mining whether the appointee meets the
whether or not the appointee meets the physical requirements are applicable
physical requirements rests with the to all types of appointments, including
Commission. (See page 48.01.) In new appointments, reappointments, re-
other cases, the employing agency has assignments, promotions, demotions, and
been granted authority to approve an inter- and intra-agency transfers (de-
appointee insofar as physical condition partmental circular No. 323, revised,
is concerned, but not to disqualify an eli- March 30, 1942; departmental circular
gible on grounds of physical condition No. 323, revised, supplement 24, August
unless this authority has been specifi- 20, 1943 ; departmental circular No. 493,
cally delegated. Objections to eligibles July 3, 1944; departmental circular No.
on grounds of physical condition must be 493, supplement 3, September 11, 1944).
presented to the Commission and sus- Medical certificate, — Civil Service
tained before appointment may be made Commission Form 2413 (medical cer
of an eligible who would not otherwise ficate) will be used to secure evidence
be within reach. As to procedure in sub- as to the physical fitness of the ap-
mitting such objections, see page 86.02. pointee. For the method of obtaining
With respect to the reemployment of this certificate, see page 103.
former Federal employees who have been *Obtaining information as to physi.
retired because of physical disability, in cal condition from Selective Service
whose cases prior approval of the Com-System records.-It has been suggested
mission is required, see page 122.
that an accurate summary of the phys-
The general criterion followed in de- ical condition of an employee or ap-
termining whether an appointee meets plicant who has been classified in 4F
the physical requirements is the eligi- could be obtained by requesting the in-
·ble's ability to perform duty efficiently dividual to furnish a statement from
and without hazard to himself or to his local board giving the reasons for
others. To determine whether this cri- the 4F classification. The Commis-
terion is met by the applicant, it will sion wishes to point out in this con-
often be necessary to consult a doctor nection that:
of medicine. Where an agency has a
(1) Under the Selective Service Reg-
medical officer, his recommendation ulations, all information regarding a
should be sought. Where there is no registrant's physical or mental condi-
medical officer, or where the agency tion is confidential and the registrant
medical officer desires advice, the Med- is so informed at the time of his physi-
ical Division of the Commission's cen-
cal examination; and
tral office or the medical officers of its
(2) The Selective Training and Sery-
regional offices may be asked for an ad-ice Act recognizes that everyone is not
capable of becoming a soldier, and an
visory opinion. Appointing officers are
examination made in accordance with
urged to make use of the Commission's
that act is concerned solely with an
facilities with the object of determining individual's fitness for military duty;
whether or not defects recorded on the it is not concerned with his fitness for
medical certificate would render the civilian employment.
prospective employee a hazard to him-
The Commission is also of the opin-
self or to others or would prevent him ion that it woulil not be justifiable to
from performing acceptable duty. require employees or prospective em-
Principles to be followed in passing ployees to furnish such statements on
on cases involving communicable dis- the ground that they would be a means
eases are set forth in the notes below. T of revealing evidence of communicable
(December 21, 1944)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT 89.02
disease. The laws of the various States that an employee may rightly feel that
provide for the reporting of com- his agency is taking an unfair advan-
municable diseases to State health of- tage of himn if he is required by ad-
ficers, and it has been the practice of ministrative order to turn over to his
examining physicians who are perform- personnel office information which he.
ing examinations in connection with has been assured is confidential. It
the Selective Training and Service, Act is the Commission's opinion that to
to bring to the attention of the appro- check on the health of employees by
priate civil authority any instances of requiring them to secure a report on
communicable disease which they may their physical condition from their
find. Any necessary follow-up will be Selective Service board may jeopard-
made by the health authorities to see ize the employee's confidence in an
that such conditions are suitably cared agency's personnel practices and may
for.
tend to affect employee morale adla
In calling attention to this matter, versely (departmental circular No. 513,
the Commission desires to point out | December 16, 1944).*
(December 21, 1944)
90
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
or
*Communicable diseases.—Where the still under medical care (departmental
medical certificate indicates that a com- circular No. 493, supplement 3, Septem-
municable disease may be present, ap- ber 11, 1944).
pointment should not be approved until Physical defects and noncommunica-
the appointing officer has assured him- ble diseases. For all classes of positions
self, by medical advice, that the condi- where medical certificates disclose a
tion, if present, is in such a stage that history of, or present existence of,
it will not render the employee a hazard mental disease, epilepsy, diabetes, or-
to himself or to others. The communi- ganic heart disease, seriously defective
cable diseases encountered most fre- vision, severe crippling condition, or
quently in medical certificates are: (1) severe hypertension, the appointing of-
Tuberculosis; (2) gonorrhea ; (3) lym- ficer should consult the Commission's
phopathia venereum; (4) lymphogranu- medical officers with the view of deter-
loma inguinale;. (5) syphilis.
mining whether or not such clefects
The requirements as to tuberculosis would render the prospective employee
are set forth in a special note below. a hazard to himself or fellow employees
Where the medical certificate indi- others. Diabetes mellitus under
cates that gonorrhea, lymphopathia proper control is not considered dis-
venereum, or lymphogranuloma ingui- qualifying for nonarduous-duty posi-
nale may be present, appointing officers tions (departmental circular No. 283,
should secure medical advice that these supplement 1, June 8, 1943; depart-
conditions have been arrested, or are mental circular No. 493, supplement 3,
under control by treatment and are non- September 11, 1944).
communicable. Such medical advice Employment of persons with a history
may be from the medical officer of the of tuberculosis.-Under no conditions
agency or from the Commission's medi- should persons with active tuberculosis
cal officers.
be employed. Persons with arrested
Where a medical certificate discloses cases of tuberculosis may be employed
a history of syphilis, the case should be if the condition has been arrested for a
referred to the central office of the Com-sufficient length of time and the general
mission at Washington, D. C., for in health is good. The length of the period
vestigation and decision. In the case of during which the disease must have
field appointment, the reference
been arrested depends upon the nature
should be through the office of the Com- of the work and upon the working condi-
mission's regional director. If investi-
tions : In Federal employments (includ-
gation shows that the appointee has had ing most desk and sedentary types of
two years of adequate treatment and is positions) where the work is light,
sedentary, or moderate and the employ-
capable of performing the duties of the
ment is not subject to unusual hazards
position without being a hazard to him-
self or to others, and that the disease other air contaminations, it is sufficient
of temperature, humidity, or dust or
is in a noncommunicable stage, the ap- that the disease be “arrested” as defined
pointment will be approved without below; for arduous-duty positions, or
further question. Those persons who positions where there are unusual em-
have had inadequate treatment but are ployment surroundings, the period pre-
not a hazard to themselves or fellow scribed in (4) of the definition below
workers will be accepted pending com- may not be sufficient, and a longer period
pletion of treatment and medical obser- may be prescribed, depending upon his-
vation, and thereby afforded an oppor- tory of amount of disease, recommenda-
tunity for employment while they are I tions of the private physician or hospi-
а
(September 21, 1944)
NOTES ON REENTRY INTO THE FEDERAL SERVICE
139
section 8 (b) (A) of said act shall Placement of employees on leave with-
be applicable to any such person without out pay during periods of military serv-
regard to whether the position which ice.--*For notes on this subject, in gen-
he held shall have been covered into eral, see page 197. As to reemployment
the classified civil service during the rights of employees who are separated,
period of his military or naval service." instead of being placed on leave without
The reemployment rights of persons pay, see page 141. As to granting of
called to duty with the armed forces | leave without pay to employees who are
prior to May 1, 1940, pursuant to sec- ineligible for mandatory reemployment
tion 37 (a) of the National Defense under the Selective Training and Serv.
Act of June 3, 1916, as added by the act ice Act or comparable legal provisions,
of June 4, 1920 (41 Stat. 776; 10 U. S. see page 507. As to the necessity for
C. 1940 ed. 369), are derived from return to duty in accordance with the
section 3 (b) of the act of August 27, statutory provisions before annual or
1940 (see page 137) rather than from sick leave may be recredited or trans-
section 8 of the Selective Training and ferred, see page 497.01.*
Service Act of 1940 and section 7 of Extension of annual leave beyond date
the Service Extension Act of 1941. of entrance on active military or naval
Employees who voluntarily enlist after service.- See page 507.
May 1, 1940, are entitled to the reem- Granting of military leave for periods
ployment benefits of section 7 of the of active military service...See page
Service Extension Act (21 Comp. Gen. 520.
210, September 13, 1941).
Replacement of employees during
(5) Mandatory restoration to civilian periods of military or naval service.---
position after service in First Worla See page 518.
War.--The following statutory provi- Civilian employment during active
sions, which governed restoration to ci-military or naval service.-See page 136.
vilian positions after service in the First Reemployment prior to qualifying for
World War, are reprinted for purposes reemployment benefits.--While a former
of comparison with the present pro-employee who has been separated from
visions :
his civilian position upon entering the
“All former Government employees armed forces may be employed in a
who have entered the military or naval civilian position and receive the com-
service of the United States in the war pensation thereof during a period of
with the German Government shall be inactive status without pay in the re-
reinstated on application to their former serve, there is no proper basis for re-
positions if they have received an hon-quiring his successor to vacate the posi-
orable discharge and are qualified to tion, in order to restore him thereto,
perform the duties of the position” (41 until he completes and is relieved from
Stat. 142, July 11, 1919).
the period of service required under
"Employees, including substitute em- the Selective Training and Service Act
ployees, of the Postal Service who have or corresponding statutes (22 Comp.
entered the military or naval service of Gen. 149, August 18, 1942).
the United States or who shall hereafter
enter it during the existence of the pres-
*Determination Whether Employee is
Entitled to Reemployment
ent war shall, when honorably dis-
charged from such service, be reassigned Authority of the Commission to issue
to their duties in the Postal Service at instructions concerning the rights of re-
the salary to which they would have turning veterans to reemployment.--In
been automatically promoted had they a letter of February 26, 1944, to the
remained in the Postal Service, pro- heads of executive departments and
vided they are physically and mentally agencies, the President said:
“
positions" (40 Stat. 754, July 2, 1918; fact that there is some confusion in the
39 U. S. C. 1940 ed. 818).
minds of appointing officers in the de
(October 5, 1944)
139.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
partments and agencies as to the Fed- the armed forces must meet the follow-
eral government's obligations to provide ing conditions in order to be entitled to
reemployment for persons who left the reemployment under the Selective Train-
Federal service and entered the armed ing and Service Act, the Service Exten-
forces. I am today designating the Civil sion Act, or the act of August 27, 1940,
Service Commission as my representa- | as amended :
tive for the purpose of issuing, from (1) The position which he left must
time to time, instructions which will in- have been "other than a temporary posi-
dicate just what the rights of the re-
tion."
turning veterans are under certain sets
(2) He must have entered active mili-
of circumstances. The instructions is- tary or naval duty since May 1, 1940,
sued by the Commission should be rig- unless he is entitled to mandatory rein-
idly adhered to by the heads of the de statement under the act of August 27,
partments and agencies and by their 1940, as amended. (See page 137.)
representatives.
(3) He must have received a certifi-
“I have instructed the Cominission to cate of satisfactory completion of active
notify me, through the Liaison Officer duty or an honorable discharge.
for Personnel Management, of any re-
(4) He must still be qualified to per-
luctance upon the part of particular form the duties of his former position.
departments or agencies to adhere to (5) He must apply for reemployment
these instructions relative to the reem-
within *90 days after he is relieved from
ployment of returning veterans. The active duty or service, or from hospi-
Federal government's record in this re-
talization continuing after discharge for
gard must be one which will coustitute a period of not more than one years
an example for all employers."
(departmental circular No. 483, April
In a letter of the same date to the 21, 1944).
Civil Service Commission, formally des-
ignating it to act as his representative
Determination whether applicant for
for this purpose, the President said:
“In discharging this responsibility, it reemployment served in armed forces.-
Determination whether an applicant
is my desire that the Civil Service Com-
served in the armed forces is governed
mission give full weight to the spirit and
intent back of section 8 (A) of the Se by the same principles for purposes of
mandatory reemployment under the
lective. Training and Service Act. The
Federal government, as an employer, related legislation as for purposes of the
Selective Training and Service Act and
must act in connection with these mat-
granting of preference.
(See pages
ters in such a manner as to leave no
76.01 to 76.03.)
doubt in the minds of the citizens of this
*Public Health Service.--Commis-
country of its intention to fully comply sioned officers of the reserve corps of
with the promises made to the members the Public Health Service called to
of our armed services through the Selec- active duty after November 11, 1943,
tive Training and Service Act."
are entitled to reemployment benefits
Conditions which employee must meet under the Selective Training and
in order to be entitled to reemploy Service Act or other statutes granting
ment.-A Federal employee who enters reemployment rights after military
MILITARY SERVICE DETERMINATIONS
I
(December 21, -1944)
NOTES ON REENTRY INTO THE FEDERAL SERVICE
139.02
service and war-service regulation June 25, 1938; 34 U. S. C. 1940 ed.
XIII regardless of whether their active 853–856), as amended by section 501
service in the Public Health Service of the act of July 30, 1942 (56 Stat.
entitles them to "limited military bene- 730).
fits" or "full military benefits" under (6) Women's Reserve of the Marine
section 212 of the Public Health Serv- Corps, established under authority of
ice Act of July 1, 1944, Public Law 410, an interpretation by the Judge Advo-
78th Cong. (Commission's minute 2 of cate General of the Navy, dated October
December 4, 1944).*
26, 1942, of the Naval Reserve Act of
Members of women's auxiliary organi- 1938 (52 Stat. 1175, June 25, 1938; 34
zations.-Upon performance of active U. S. C. 1940 ed. 853–856), as amended
service, members of the following wom- by section 501 of the act of July 30,
en's auxiliary organizations are en- 1942 (56 Stat. 730).
titled to the mandatory-reemployment (c) Women's Reserve of the Coast
benefits of the Selective Training and Guard ("SPARS”), established by the
Service Act or similar statutes :
act of November 23, 1942 (56 Stat.
(a) Women's Reserve of the Navy 1020; 14 U. S. C. 1940 ed., supp. II,
("WAVES") established by the Naval 381).
Reserve Act of 1938 (52 Stat. 1175, (a) Women's Army Corps
(December 21, 1944)
HOURS OF LABOR
470
on
or
controlled corporations, except those (i) Employees of the Transportation
specified in section 2 of Part I.
Corps of the Army of the United States
SECTION 2. Employees to whom these on vessels operated by the United
regulations do not apply. These regula- States;
tions do not apply to:
(j) Vessel employees of the Coast
(a) Elected officials;
and Geodetic Survey.
(0) Heads of departments, independ-
PART II. DEFINITIONS
ent establishments, and agencies;
(c) Officers and employees in or un-
SECTION 1. Administrative workweek
der the field service of the Post Office for full-time employees.--The adminis-
Department;
trative workweek for each group of
(d) Employees whose wages are fixed full-time employees shall be the min-
à daily or hourly basis and ad- imum number of hours of work per
justed from time to time in accordance week specified by the general public
with prevailing rates by wage boards regulations issued by the head of a de-
similar administrative authority partment or independent establishment
serving the same purpose;
pursuant to section 2 of the act of
(e) Employees in or under the Gov. | March 14, 1936, 49 Stat. 1161, 5 U. S. C.
ernment Printing Office or the Tennes- 29a,” and in accordance with appli-
see Valley Authority whose wages are cable circulars of the Bureau of the
fixed on a monthly or yearly basis and Budget. "La
adjusted from time to time in accord-
SECTION 2. Full-time employees.-Full-
ance with prevailing rates by wage time employees are employees who are
boards or similar administrative au- regularly required to work, as a min-
thority serving the same purpose;
imum, the number of hours in the ad-
(f) Employees outside the conti- ministrative workweek specified for
nental limits of the United States, in- employees in their respective groups.
cluding Alaska, who are paid in accord-
SECTION 3. Par t-time employees.-
ance with local prevailing native wage Part-time employees are employees who
rates for the area in which employed; are regularly required to work a speci-
(9) Officers and employees of the In- tied minimum number of hours per week
land Waterways Corporation;
administratively fixed in advance at
(h) Individuals to whom the pro- less than the administrative workweek
visions of section 1 (a) of the act
21 For the text of this section, see page 481.
entitled "An act to amend and clarify
*in In a memorandum to the heads of all
certain provisions of law relating to departments and agencies, dated December
functions of the War Shipping Admin- 22. 1942, the President expressed a desire
istration, and for other purposes," ap-
"that the head of each department and
agency establish
a general mini-
proved March 24, 1943, (Public Law
mum work schedule of a six-day, 48-hour
No. 17-78th Congress), are applicable; 1 week for both the departmental and field
(December 21, 1944)
470.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
for similar employees in the same de- employees are employees who are not
partment or agency. Such employees regularly required to work a specified
shall be considered part-time employees minimum number of hours. Employees
if they are required to work a specified whose work requires them to remain
minimum number of hours per week at, or within, the confines of their posts
riotwithstanding the fact that they do of duty for more than forty hours per
not work the same number of hours week, but does not require that all of
each day.
their time be devoted to actual work,
SECTION 4. Piece-work and fee basis may be considered to be intermittent or
employees. Piece-work and fee basis irregular employees, or in the discre-
employees include all employees whose tion of the head of the department or
compensation is based upon other than agency concerned, may be considered to
a. time period basis.
be full-time employees having such ad-
SECTION 5. Intermittent or irregular ministrative workweek as is specified
employees.-Intermittent or irregular by such head.
service." In order to promote compliance at 48 hours may be necessary in order to
with the policy of Congress to make regula- meet the needs of a peculiar work condition.
tions concerning hours of duty for Govern. It is requested that cases involving such ex-
ment employees as nearly uniform as pos- ceptions be reported to the Director of the
sible, and with the desire of the President Bureau of the Budget in accordance with the
as expressed in his memorandum, it is re- provisions of the paragraph above (Bureau
quested that each department and establish- of the Budget Circular No. A-11, August 1,
ment transmit to the Director of the Bureau 1943).
of the Budget for consideration and approval In March 1941, the President directed
by the President prior to promulgation, a that the opening and closing hours of Gov-
copy of all regulations or amendments thereto ernment offices in metropolitan Washington
regarding hours of duty for civilian em- be so staggered as to alleviate the serious
ployees of the United States in the depart- traffic congestion. Any department or estab-
mental and field services, or of the District lishment contemplating the adoption of any
of Columbia, proposed for promulgation by schedule of hours differing from, or in addi-
any such department ar establishment.
tion to, its schedule of hours as heretofore
The President's memorandum
contem- approved, shall obtain the approval of the
plated a general minimum work week of six | Director of the Bureau of the Budget before
eight-hour days in the departmental and such contemplated schedule is put into effect.
feld services. Any proposal for the estab- Working hours differing from the regular
lishment of a work schedule of 48 hours schedule of hours may be established for em-
within a period of less than six eight-hour ployees numbering less than 50, after in-
days in such services would not be in accord formal clearance with the Bureau of the
with that general policy. Certain excep- | Budget (Bureau of the Budget Circular No.
tions to the establishment of the workweek | A-13, August 1, 1943).*
(December 21, 1944)
HOURS OF LABOR
471
SECTION 6. Earned basic compensa- ever, That such compensatory time off
tion.-Earned basic compensation is the may, in the discretion of the head of the
amount of salary actually earned by an department or agency concerned, be
employee, exclusive of overtime compen- granted (a) to seasonal employees at
sation or additional compensation in the completion of the season during
lieu thereof, but inclusive of any salary which the employment is performed and
differential for duty outside the conti- (b) to employees serving at isolated
nental United States, including Alaska, posts outside the States of the United
and the value of quarters, subsistence, States and the District of Columbia
and other maintenance allowances wn within one year after the employment is
der section 3 of the act of March 5, performed.
1928, (45. Stat. 193; 5 U. S. C. 75a). Heads of departments and agencies
SECTION 7. Department, independent may delegate to any oficer or employee
establishment, and agency.—The term authority to order or approve overtime
"department, independent establish- in excess of the administrative work-
ment, and agency" as used in Part I, week and to elect to grant compensa-
section 2.(0) means a governmental tory time off from duty without loss of
establishment in the executive branch pay in lieu of overtime compensation as
which is not a component part of any provided in this section. No overtime
other such establishment.22
in excess of the administrative work-
week shall be ordered or approved ex-
PART III. OVERTIME WORK AND OVER- cept by an officer or employee to whom
TIME COMPENSATION
such authority has been specifically del-
SECTION 1. Overtime compensation.- egated by the head of the department
or agency.
In addition to his regular earned basic
compensation, an employee shall be paid
SECTION 2. Payment of overtime com-
overtime compensation, computed as pensation.—Overtime compensation tof
provided in section 4 of Part III, for employees paid at an annual rate* for
such employment officially ordered or employment during an officially estab-
approved as exceeds forty hours a lished regular workweek in excess of
week: Provided, however, that heads forty hours may be calculated on an an-
of departments and agencies may, in nual basis and paid in equal amounts on
their discretion, elect to grant full-time the regular monthly or semi-monthly
per annum employees compensatory pay days.
tiine off from duty without loss of pay SECTION 3. Computation of overtime
in lieu of overtime compensation for work.—The computation of the amount
such employment as may exceed forty- of overtime work performed by an em-
eight Hours in any week. In the event ployee shall be subject to the following
that compensatory time off from duty conditions:
for employment in excess of forty- (a) Leave with pay.--Absence from
eight hours in any week is not granted duty on authorized leave with pay dur-
within ninety calendar days after such ing the time which an employee would
employment is performed, the employee otherwise have been required to work
shall be entitled, in lieu of such. com- (including authorized absence on legal
pensatory time off, to overtime compen- holidays and during the compensatory
sation for such employment computed time off provided for in section 1 of
as provided in these regulations at the
28 As amended by departmental circular
rate or rates of compensation which the
No. 424, supplement 2, July 9, 1943, and
employee received during the period departmental circular No. 459, December 18,
of such employment: Provided, how-1943 (8 F. R. 16581).
+238 As amended by departmental circular
23 As amended by departmental circular No. 424, supplement 3, October 31, 1944 (9.
No. 424, supplement 1, May 28, 1943.
F. R. 12945).*
28a
(November 2, 1944)
PROVISIONS AFFECTING LEAVE OF ABSENCE
ANNUAL LEAVE STATUTES
*
*
*
With the exception of teachers and librarians of the
public schools of the District of Columbia and officers and employees
of the Panama Canal and Panama Railroad on the Isthmus of
Panama,' and 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, regardless of their ten-
ure, in addition to any accrued leave, shall be entitled to 26 days' annual
leave with pay each calendar year, exclusive of Sundays and holidays:
Provided, That the part unused in any year shall be accumulated
for succeeding years until it totals not exceeding sixty days: Pro-
vided further, That during the national emergency declared by the
President of the United States on September 8, 1939, the leave unused
by the employees of the departments, independent establishments, and
agencies, not in other form commuted or compensated, shall be accumu-
lated for succeeding years until it totals not exceeding ninety days:
And provided further, That when the unused leave accumulated
equals or exceeds sixty days in the aggregate, not more than fifteen
days of unused leave may be further accumulated in any one calendar
year.la This act shall not affect any sick leave to which employees are
now or may hereafter be entitled. Temporary employees, except
temporary employees engaged on construction work at hourly rates,
shall be entitled to 21/2 days' leave for each month of service. The
annual leave herein authorized shall be granted at such times as the
heads of the various departments and independent establishments may
prescribe. This act becomes effective January 1, 1936.
SEC. 2. Each head of a department or independent establishment
shall issue general public regulations, not inconsistent with law, set-
ting forth the hours of duty per day and per week for each group of
employees. Before issuing such regulations, which shall be issued
* The leave of officers and employmes of the Panama Canal and Panama Railroad on the
Isthmus of Panama is regulated by Executive Orders Nos. 1888 of February 2, 1914, 18
amended, and 2514 of January 15, 1917, as amended.*
1. The second and third provisos contained in this sentence, which were added by the
act of December 17, 1942 (56 Stat. 1052), are retroactively effective to September 8, 1939,
and leave forfeited after that date because of the 60-day limitation formerly in effect may
now be recredited to the extent permitted by the said provisos (22 Comp. Gen. 704, January
26, 1948). With respect to allowance for additional accumulated leave under these pro-
visos by retroactive changes in separation dates and beginning dates of leave without pay,
see notes on page 604.
481
(December 21, 1944)
482 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
within 3 months from the date of approval of this act, the heads of
departments and independent establishments shall meet and consult
among themselves and make such regulations as nearly uniform as
possible so that all employees, temporary or permanent, in all depart-
ments and independent establishments shall receive like treatment as
nearly as may be practicable: Provided, That heads of departments
and independent establishments may appoint a subcommittee to draft
such regulations.
2
*
SEO. 4. Nothing in this act shall affect the Postmaster General
and officers and employees in or under the Post Office Department:
Provided, That officers and employees in the departmental service
and in the mail equipment shops of the Post Office Department shall
be included within the provisions of this act.
SEC. 5. Nothing in this act shall be construed to prevent the con-
tinuance 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 corporation 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 em-
ployees 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 admin-
istered under such regulations as the President may prescribe, so as
to obtain, so far as practicable, uniformity in the application of this
act (49 Stat. 1161, Mar. 14, 1936, as amended by the act of December
17, 1942, 56 Stat. 1052; 5 U.S. C. 1940 ed. 29a et seq.).*
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 provided 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
* As to departmental authority to make changes in hours' of duty, and procedure for
making such changes, see page 470.*
3 For leave of Postal Service employees, see the act of February 28, 1925 (43 Stat.
1063 ; 39 U. S. C. 1940 ed. 823), as amended by the acts of May 17, 1928 (45 Stat. 595),
and of May 15, 1939 (53 Stat. 745). The act of July 18, 1939 (53 Stat. 1062 ; 39 U. S. C.
1940 ed. 824a), as amended by the act of April 30, 1940 (54 Stat. 171), extends the bene-
its of this act to substitutes in the classified civil service who have served 2,448 hours or
more.
* An amendment to this act by the act of June 28, 1940 (54 Stat. 679), providing for
payment for foregone vacations to employees of the Navy Department and the Naval
Establishment and of the Coast Guard, has now expired by limitation.
(December 21, 1944)
LEAVE OF ABSENCE
483
regular tour of duty, holidays, and all nonwork days established by
Federal statute or by Executive or administrative order (54 Stat. 38,
March 2, 1940; 5 U.S. C. 1940 ed. 31b).
5
Employees of the United States Government, its Territories or
possessions, or the District of Columbia (including employees of any
corporation created under authority of an act of Congress which is
either wholly controlled or wholly owned by the United States Gov-
ernment, or any corporation, all the stock of which is owned or con-
trolled by the United States Government, or any department, agency,
or establishment thereof, whether or not the employees thereof are
paid from funds appropriated by Congress), who, subsequent to May
1, 1940, shall have entered upon active military or naval, service in
the land or naval forces of the United States by voluntary enlistment
or otherwise, shall be entitled to receive, in addition to their military
pay, compensation in their civilian positions covering their accumu-
lated or current accrued leave, or to elect to have such leave remain
to their credit until their return from active military or naval service
(act of August 1, 1941, 55 Stat. 616, as amended by the act of April 7,
1942, 56 Stat. 200; 5 U.S. C. 1940 ed., supp. II, 61a).
Employees of the United States Government, its Territories or
possessions, or the District of Columbia (including employees of any
corporation created under authority of an act of Congress which is
either wholly controlled or wholly owned by the United States Gov-
ernment, or any corporation, all the stock of which is owned or con-
trolled by the United States Government, or any department, agency,
or establishment thereof, whether or not the employees thereof are paid
from funds appropriated by Congress), who, subsequent to May 1,
1940, shall have entered upon service in the merchant marine, shall
be entitled to receive, in addition to any pay for such service, com-
pensation in their civilian positions covering their accumulated or
current accrued leave, or to elect to have such leave remain to their
credit until their return from such service (section 4 of the act of June
23, 1943, 57 Stat. 163).
6 For notes on this statute see p. 500.
8 "Service in the merchant marine" is defined by the act cited as meaning "service as
an officer or member of the crew on or in connection with a vessel documented under the
laws of the United States or a vessel owned by. chartered to, or operated by or for the
account or use of the Administrator, as an enrollee in the United States Maritime Service
on active duty, and, to such extent as the Administrator sball prescribe, any period await-
ing assignment to such service and any period of education or training for such service
in any school or institution under the jurisdiction of the Administrator."
483.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
7
*Whenever any civilian officer or employee of the Federal Govern-
ment or the government of the District of Columbia is separated from
the service or elects to be paid compensation for leave in accordance
with the act of August 1, 1941, as amended by the act of April 7, 1942,
or section 4 of the act of June 23, 1943,4" he shall be paid compensation
in a lump sum for all accumulated and current accrued annual or vaca-
tion leave to which he is entitled under existing law. Such lump-sum
payment shall equal the compensation that such employee would have
received had he remained in the service until the expiration of the
period of such annual or vacation leave: Provided, That if such em-
ployee is reemployed in the Federal service or in or under the govern-
ment of the District of Columbia under the same leave system prior to
the expiration of the period covered by such leave payment, he shall
refund to the employing agency an amount equal to the compensation
covering the period between the date of reemployment and the expira-
tion of such leave period, and the amount of leave represented by such
refund shall be credited to him in the employing agency. In the case
of reemployment in the Federal service the sum so refunded shall be
covered into the Treasury as “Miscellaneous Receipts,” and in case
of reemployment in or under the government of the District of Colum-
bia the sum so refunded shall be covered into the Treasury to the
credit of the District of Columbia : Provided further, That the lump-
sum payment herein authorized shall not be regarded, except for pur-
poses of taxation, as salary or compensation and shall not be subject
to retirement deductions,
Sec, 2. Upon the death of any civilian officer or employee of the
Federal Government, or the government of the District of Columbia,
compensation for all of his accumulated and current accrued annual
or vacation leave in a lump sum equal to the compensation that such
employee would have received had he remained in the service until
the expiration of the period of such annual or vacation leave shall be
paid, upon the establishment of a valid claim therefor, in the follow-
ing order of precedence: First, to the beneficiary or beneficiaries, if
any, lawfully designated by the employee under the retirement act
applicable to his service; second, if there be no such designated
beneficiary, to the estate of such deceased employee.
LEAVE OF ABSENCE
483.02
Sec. 3. That all accumulated and current accrued leave be liqui-
dated by a lump-sum payment to any civilian officer or employee of the
Federal Government or the government of the District of Columbia in
cases involving transfer to agencies under different leave systems.
Such lump-sum payment shall equal the compensation that such em-
ployee would have received had he not been transferred until the
expiration of the period of such leave: Provided, That the lump-sum
payment herein authorized shall not be regarded, except for purposes
of taxation, as salary or compensation and shall not be subject to
retirement deductions.
SEC. 4. The provisions of sections 1 and 2 of this act shall not apply
to officers and employees of the Panama Canal and Panama Railroad
on the Isthmus of Panama (Public Law 525, 78th Cong., December 21,
1944).*
? See page 483.
(December 21, 1944)
484 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
SICK LEAVE ACT
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 Colum-
bia, other than teachers and librarians of the public schools of the
District of Columbia and officers and members but not the civilian
personnel 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 regardless of their tenure, as described herein.
SEC. 2. On and after January 1, 1936, cumulative sick leave with
pay, at the rate of 144 days per month, shall be granted to all civilian
officers and employees, the total accumulation not to exceed 90 days.8
Temporary employees, except temporary employees engaged on con-
struction work at hourly rates, shall be entitled to 114 days' sick leave
for each month of service: Provided, That all such employees shall
furnish certificates satisfactory to the head of the appropriate de-
partment or independent establishment.
SEC. 3. Administrative officers may advance 30 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 con-
tinuance 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 corporation 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 em-
ployees 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 adminis-
tered under such regulations as the President may prescribe, so as to
obtain, so far as practicable, uniformity in the application of this
act (49 Stat. 1162, Mar. 14, 1936; 5 U. S. C. 1940 ed. 30f et seq.).
8 For meaning of the word “day," as used in this act, see the act of March 2, 1940,
p. 483, and notes on p. 500.
LEAVE OF ABSENCE
506
TRANSFER OF LEAVE
ployees sick leave accumulated or ac-
Transfer to position not subject to the crued under the Foreign Service leave
leave regulations.--An employee may
system when they transfer without a
not transfer leave credits earned in a break in service to positions outside that
position subject to the Annual and system and subsequently transfer to
Sick Leave Regulations upon trans- positions within its purview (decision,
fer to a position excepted from those Comptroller General, October 18, 1944).*
regulations, whether or not subject to * *
other leave laws and regulations (19
Comp. Gen. 366, September 15, 1939).
Intervening period of separation from
*As to the employee's right to payment
service.-As to recrediting of leave after
for accumulated or current accrued an-
return from a Federal or non-Federal
nual leave upon such transfer, see sec- position to which the employee was
tion 3 of the act of December 21, 1944, transferred with reemployment rights.
page 483.02.*
see notes on page 497.**
Transfer to non-Federal position.-
Intervening period of leave without
See notes on page 497.01.
pay.-Where an employee was granted
Transfer to a temporary position.-
his accrued annual leave and, there-
See section 4.9 of the Leave Regula- after, leave without pay ending on the
tions. As to meaning of term “tempo- date immediately prior to the effective
rary employee," see note on page 493.
date of his transfer to another perma-
Transfer of leave from a temporary
nent position in another Government
position. See section 4.10 of the Leave agency, there was no "break in service”
Regulations.
within the meaning of section 4.8 of
the leave regulations, and if the posi-
Transfer of leave from position sub-
tions from which, and to which, trans-
ject to different leave regulations.—The
ferred otherwise ineet the provisions of
transfer of leave credits between service
said section, his accumulated unused
or employment under different leave
sick leave may be transferred to his
systems is not now authorized by law
and may not be authorized by regulation credit in the new position (based on 19
(decision, Comptroller General, Octo Comp. Gen. 510, November 18, 1939).
ber 18, 1944). *As to the employee's
Intervening period of service as a
temporary employee.-See section 4.9
right to payment for accumulated or
of the Leave Regulations.
current accrued annual leave upon such
Recrediting and
and transfer of leave
transfer, see section 3 of the act of
December 21, 1944, page 483.02.*
taken in violation of dual-compensation
statutes.-In cases involving payment
The War Manpower Commission Ap-
of two salaries in two positions in con-
propriation Act, 1945 (Public Law 373,
78th Cong., June 28, 1944), provides for travention of the dual-compensation act
the transfer to the War Manpower Com- of May 10, 1916, as amended, the em-
mission, under certain specified condi- ployee has a right of election to refund
tions, of leave earned under State regui-
the salary of either position or employ-
lations by employees of State employment, and only in the event the em-
ment facilities and services transferred ployee fails to make an election will
to the War Manpower Commission. it be presumed that he would elect to
*The Secretary of State may issue, retain the salary of the position which
pursuant to the authority delegated to would give him the greater sum. When
him by Executive Order No. 8189 of annual leave in the older position could
July 5, 1939, a leave regulation saving have been transferred to the new posi-
to Foreign Service officers and em- tion, the election of the employee is
(December 21, 1944)
506.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
particularly desirable because the amended; as to such cases, see notes on
transferred leave may be of more value page 430.
to him than his retaining the greater *As to lump-sum payments for ac-
salary during the period of dual em- cumulated and accrued annual leave
ployment. If the employee elects to under the act of December 21, 1944,
refund, and does refund, the salary re- which are not regarded as salary for
ceived for the period of annual leave purposes of the dual-compensation acts,
granted and taken in his former posi- see page 483.01.*
tion, such leave can be restored to him
and transferred to his new position if | leave made retroactively available by
there was no break in service or other statute.-Where an employee has been
factor prohibiting such transfer. If transferred from one department or
the employee elects to retain the sum agency to another under conditions per-
received during the period of his an-mitting a transfer of leave credits, the
nual leave in his former position, the previously forfeited annual leave which
leave cannot thereafter be transferred might bave been recredited under the
to his new position (22 Comp. Gen. 654; act of December 17, 1942, if the em-
January 15, 1943).
ployee had remained in his previous
This note does not apply to cases position, may be transferred to the em-
involving violation of the dual-com- ployee's credit in his new position (22
pensation act of July 31, 1894, as I Comp. Gen. 932, March 30, 1943).
(December 21, 1944)
LEAVE OF ABSENCE
507
sum
Effect of change in regulations after | ferred for the remainder of the life of
transfer.Leave may be transferred the record.
only if transfer of leave was permissible The original leave record will be re-
under the regulations applying to the tained by the releasing agency for two
agency to which transferred as of the
years from date of closing of the leave
date of the employee's transfer. A
change in the leave regulations effective record or until completion of pay-roll
on some date after the employee's trans- audit by the General Accounting Office,
fer has no retroactive effect to permit whichever is later (departmental cir:
transfer of the leave, even though the cular No. 504, October 20, 1944; depart-
employee has continued service under ment circular No. 475, supplement 1,
the new appointment beyond the effec- December 29, 1944).*
tive date of the change in the 'regula-
tions (16 Comp. Gen. 264, September 17, ANNUAL LEAVE CONCURRENT WITH
1936; 18 Comp. Gen, 1014, June 30, 1939).
MILITARY SERVICE
As will be seen from the preceding
note, these decisions had reference to Scope and purpose of the act permit-
cases where leave may not be trans- ting payment for annual leave concur-
ferred at all,-rather than to the amount rently with military service. In the
of leave which may be transferred.
absence of special legislation, a civilian
Transfer of funds to cover leave employee who voluntarily enlists in the
credit.—The transfer from one branch Regular Army may not be granted
of the service to another of a
leave without pay for the period of his
sufficient to cover the accrued leave of military service, or recredited after re-
a civiMan employee who is permanently turn to civilian employment with any
transferred is unauthorized (16 Comp. accrued annual leave to his credit at
Gen. 1122, June 28, 1937).
the time of his enlistment, since civil
In adjusting the cost between Federal employment is incompatible with his
agencies for services rendered by the obligation as a soldier, and his enlist-
personnel of one agency for another ment must be considered to have va-
agency, pursuant to the procedure au- cated his civilian position (20 Comp.
thorized by section 601 of the act of Gen. 257, November 13, 1940; 21 Comp.
June 30, 1932, 47 Stat. 417, the value Gen. 851, March 11, 1942).
of credit for leave with pay as it ac- A civilian employee who is a member
crues is for inclusion as an item of of a reserve component of the Army,
cost (17 Comp. Gen. 571, January 14, of the National Guard, or of the Naval
1938).
Reserve need not be required to resign
*Furnishing information as to leave his civilian position upon being ordered
records of employees who transfer.--
with or without his consent to active
When an employee transfers from one đuty, may be placed on administrative
ågency to another to which leave is furlough or leave without pay, and may
be recredited, upon his return to active
transferable, Standard Form 70 or 70a
will be audited. A certified copy of the annual or sick leave to his credit at
civilian service, with accrued unused
form will be furnished to the new
the time he was ordered to military or
agency when the latter makes request naval service. (20 Comp. Gen. 257, No-
for the employee's leave record. (This vember 13, 1940; 20 Comp. Gen. 158,
request should be made on Standard September 18, 1940; 18 Comp. Gen.
Form 63.) The new agency will use 699, March 7, 1939; 20 Comp. Gen. 163,
this certified copy which has been trans- September 18, 1940).
(December 21, 1944)
508 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
In the absence of special legislation, active military or naval service in the
civilian employees of the Government land or naval forces of the United
may be placed on annual leave of ab- States by voluntary enlistment or other-
sence with pay, and paid therefor, con- wise, or who has reemployment rights
currently with active duty as an Army under the act of August 27, 1940, cited
Reserve officer, member of the Officers' above, need not be separated from his
Reserve Corps of the Army, or member civilian position, but may, in the dis-
of the National Guard called into the cretion of the administrative office, be
active military service of the United separated from the service or carried
States, only where the combined rate
on furlough or leave without pay dur-
of military pay and civilian compensa-
tion is within the $2,000 limitation of ing the period of his military service
the dual-compensation act of 1916, 39 (20 Comp. Gen. 167, September 20, 1940;
Stat. 582 (18 Comp. Gen. 94, July 28, 20 Comp. Gen. 847, June 3, 1941; 21
1938; 20 Comp. Gen. 158, September Comp. Gen. 403, November 3, 1941; 20
18, 1940; 20 Comp. Gen. 163, September Comp. Gen. 158, September 18, 1940).
18, 1940). This limitation does not He may, at his election, be paid for
apply to members of the National unused accrued annual leave to his
Guard when not called into the active credit when he entered the military
military service of the United States, service or have such leave remain to
or to members of the Naval Reserve his credit until his return to active
whether on active or training duty (19 civilian service, and he has this right
Comp. Gen. 880, April 18, 1940; 20 whether he has been separated without
Comp. Gen. 158, September 18, 1940; | break in service, furloughed, or placed
20 Comp. Gen. 167, September 20, 1940; on leave without pay (20 Comp. Gen.
16 Comp. Gen. 953, April 23, 1937; 20 167, September 20, 1940; 22 Comp. Gen.
Comp. Gen. 282, November 26, 1940; 47, July 20, 1942). The right to pay-
20 Comp. Gen. 226, October 30, 1940). ment for the annual leave is not af-
In determining whether the combined fected by the $2,000 limitation stated
rate of civilian compensation and mili- above. He is not entitled to immedi-
tary pay. is within the $2,000 limitation, ate payment for his unused accumu-
only the military pay proper, and not lated and accrued sick leave, although
allowances such as clothing, subsistence, such leave may be restored to him if he
etc., should be counted (20 Comp. Gen. returns to active civilian service under
764, May 13, 1941). The annual leave one of the mandatory reemployment
must be applied for and administra- provisions set forth on page 137 (21
tively granted under the terms and con- Comp. Gen. 210, September 13, 1941).
ditions of the annual leave law and More detailed notes on this special
the uniform annual leave regulations, legislation appear below.
since the employee may prefer to have Women's Reserve organizations. The
his accrued leave remain to his credit act of July 1, 1943 (57 Stat. 371), es-
until he returns to his civilian position tablishing a Women's Army Corps in
(20 Comp. Gen. 764, May 13, 1941). the Army of the United States, provides
Special legislation within the mean- that "all laws and regulations now or
ings of the rulings set forth above (the hereafter applicable to enlisted men or
act of August 27, 1940, 54 Stat. 859, as former enlisted men of the Army of the
amended by the act of September 16, United States and their dependents and
1940, 54 Stat. 891; the act of September beneficiaries shall, in like cases and ex-
16, 1940, 54 Stat. 890; the act of Au- cept where otherwise expressly pro-
gust 18, 1941, 55 Stat. 627; and the act vided, be applicable respectively to
of August 1, 1941, 55 Stat. 616, as enlisteil personnel and former enlisted
amended by the act of April 7, 1942, personnel of such corps and their de-
56 Stat. 200, is in effect during the pendents and beneficiaries."
present war. An employee who, sub- The act of July 30, 1942 (56 Stat.
sequent to May 1, 1940, enters upon 730; 34 U. S. C. 1910 ed., supp. III, 857
(December 21, 1914)
LEAVE OF ABSENCE
509
et seq.), which amends the Naval Re- another civilian position is precluded
serve Act of 1938, as amended, to pro- by the dual-compensation statutes.
vide for the establishment of a Wo- The employee may, however, he granted
men's Reserve, contains a provision leave without pay from his original po-
that the Women's Reserve shall be a sition for the purpose of service in the
branch of the Naval Reserve and shall Corps without forfeiture of accrued an-
be administered under the same provi- nual and sick leave, and, since members
sions in all respects (except as may be of the Corps are within the purview of
necessary to adapt said provisions to the Annual and Sick Leave Acts of
the Women's Reserve, or as specifically March 14, 1936, annual and sick leave
provided in the amendatory act) as to the credit of employees who enter
those contained in the Naval Reserve the Corps from another branch of the
Act or those which might thereafter be Federal service without break in serv-
enacted with respect to the Volunteer ice may be transferred to their credit
Reserve. The Judge Advocate General with the Corps (22 Comp. Gen. 256, Sep-
of the Navý held in an opinion of Oc-tember 19, 1942).
tober 26, 1942, that the Naval Reserve *Public Health Service.--A civilian
Act of 1938, as amended, contains suf-employee occupying a permanent posi-
ficient authority for the establishment tion who accepts a commission in the
of a Women's Reserve of the United Public Health Service on or after No-
States Marine Corps.
vember 11, 1943, without break in sery-
The act of November 23, 1942 (56 | ice is entitled to the benefits of the act
Stat. 1020; 14 U. S. C. 1940 ed., supp. III, of August 1, 1941, as amended (23
381 et seq.), which amends the Coast Comp. Gen. 465, December 28, 1943).*
Guard Auxiliary and Reserve Act of Civilian officers.The terma “em-
1941 (55 Ştat. 9; 14 U. S. C. 1940 ed., ployees of the United States Govern-
ch. 9), as amended, to provide for the ment" as used in the act of August
establishment of a Women's Reserve, 1, 1941, as amended, authorizing pay-
contains a provision that the Women's ment for accumulated or current ac-
Reserve shall be a branch of the Coast crued leave concurrently with active
Guard Reserve and shall be adminis- military duty, includes officers, as well
tered in the same manner as provided as employees, who are entitled to
for the Coast Guard Reserve in all re- annual leave with pay, and such officers
spects, except as may be necessary to may be paid for such leave even though
adapt said provisions to the Women's their successors in office are appointed
Reserve, or as specifically provided in and enter upon duty prior to expiration
the amendatory act.
of the leave period (22 Comp. Gen. 54,
Air Corps Ferrying Command.—The July 24, 1942).
Air Corps Ferrying Command is re- Postmasters who have entered upon
garded as a civilian, rather than a active duty with the armed forces and
military, organization (22 Comp. Gen. whose ofices have been filled by acting
944, April 6, 1943).
postmasters under authority of the act
Army Specialist Corps.-An employee of December 6, 1940 (54 Stat. 1221;
who enters the
Army Specialist 39U. S. C. 1940 ed. 39a), during
Corps, established pursuant to Ex- their absence on such duty, may re-
ecutive Order No. 9078 of February ceive compensation for their accumu-
26, 1942, from another branch of the lated and current accrued leave un-
Federal service does not enter "upon der the authority of the act of August 1,
active military naval service" 1941, as amended (21 Comp. Gen. 237,
within the meaning of the act of Au- September 19, 1941, and 21 Comp. Gen.
gust 1, 1941, as amended, and in the 422, November 4, 1941).
absence of other statutory authority Employees in offices of United States
therefor, payment for annual leave Property and Disbursing officers.--AC-
earned by a member of the Corps in counting and custodial employees serv-
or
(July 5, 1944)
510
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
ing in the office of the United States ployee was ordered to such duty and
Property and Disbursing Officer for a the date so ordered (21 Comp. Gen.
State who are employed by the State 210, September 13, 1941).
military authorities, although a part of Salary rate at which leave should be
their compensation is paid from Fed-paid.-An employee who enters upon ac-
eral funds, are not "employees of the tive service in the land or naval forces
United States Government" within the of the United States is entitled to be
meaning of the act of August 1, 1941, paid for his accumulated and current
and they may not be paid under said | accrued leave under the provisions of
act, concurrently with active military the act of August 1, 1941, as amended,
or naval service, for annual leave ac-only in the position actually held im-
crued in their civilian positions (21 mediately prior to his entry into the
Comp. Gen. 305, October 8, 1941). active military or naval service (21
Comp. Gen. 744, February 2, 1942). If
he was reduced in grade and salary
Procedure to be followed. The annual simultaneously with his release from
leave of absence for which payment active civilian service to enter the
is authorized by the act of August armed forces, he may be paid compen-
1, 1941, as amended, must be ap-sation for his accumulated and current
plied for, administratively granted, accrued civilian leave only at the re-
and computed the same as in any other duced rate applicable to the position
case of annual leave, except that it need actually held at the time he entered the
not be applied for or granted in ad- military service (21 Comp. Gen. 310, OC-
vance (21 Comp. Gen. 258, September 25, tober 8, 1941). An employce who
1941). *As
to the period allowed was temporarily appointed or promoted,
for making application, see note on prior to being ordered into active mill-
“Change in election is to immediate tary or naval service, to fill a vacancy
payment for leave," page 511.*
created by another employee's entry into
It is not necessary, in connection with such service, is entitled, if otherwise
payments to employees for accumulated qualified, to be paid for accumulated and
or current accrued leave while they are current accrued civilian leave pursuant
receiving pay for active military or
to the act of August 1, 1941, as amended,
naval duty, as authorized by the act at the rate of compensation of the posi-
of August 1, 1941, that the records tion temporarily held on the last day of
be amended to show a return of the civilian service immediately prior to
persons from furlough for the leave entry on active military or naval duty
period and a refurlough for active (21 Comp. Gen. 742, February 2, 1942).
duty. However, the payments should The leave period for which pay-
be supported by a certified copy of the ment is authorized by the act of August
order to active duty, or, in lieu thereof, 1, 1941, as amended, must be counted as
a statement indicating that the em- beginning with the day following the
(December 21, 1044)
LEAVE OF ABSENCE
511
last day of active civilian service, re- ing any such leave to which he has
gardless of the date when an applica- become entitled by the act of December
tion for payment thereof is filed or 17, 1942 (56 Stat. 1052; 5 U. S. C. 1940
administratively approved. The em-led., supp. III, 30b). This is true even
ployee is entitled to the benefit of any though he left the civilian position
increase in civilian compensation prop- prior to April 7, 1942, the date on
erly granted him effective during such which the act of August 1, 1941, was
period of leave either by operation of amended so as to extend its benefits to
Inw (including salary advancements employees who voluntarily enlisted in
within grade) or by administrative the armed forces after May 1, 1940.
action, upon the same basis as if he had However, action taken to separate an
remained upon active duty in his civil employee from the Government service
ian position. On the other hand, if the upon his voluntary enlistment in the
leave period had expired (under the military or naval service subsequent to
rule stated above) before the compen- May 1, 1940, may not thereafter be
sation increase became effective, com- rescinded by retroactively changing the
pensation for the leave is payable at administrative records to show such
the same rate the employee was receip. employee as in leave-without-pay
ing when he entered the military serv- status (based on 21 Comp. Gen. 403,
ice (21 Comp. Gen. 1007, May 11, 1942; November 3, 1941; 22 Comp. Gen. 47;
22 Comp. Gen. 229, September 15, 1942; July 20, 1942; 22 Comp. Gen. 810, Feb-
22 Comp. Gen. 470, November 14, 1942). ruary 16, 1943).*
Determination of amount of leave.- Change in election as to immediate
The payment authorized by the act of payment for leave.-After electing to be
August 1, 1941, as amended, should be paid, pursuant to the act of August
computed upon the same basis as though 1, 1941, as amended, for his accrued
*the employee had remained in the annual leave concurrently with mill-
civilian service until the expiration of tary service, the employee may not re-
the leave period, and therefore, credit fund the amount paid in order to have
for Sundays and other nonwork days the leave remain to his credit. How-
should be allowed (21 Comp. Gen. 210, ever, an employee who has requested
September 13, 1941).
that his leave remain to his credit
*Deductions from
from amount paid.- until his return from active military
Compensation for leave in accordance or naval service may at any time there-
with the act of August 1, 1941, as after during such military or naval
amendel, is not subject to retirement service elect to be paid, pursuant to
deductions. (See section 1 of the act the act of August 1, 1941, as amended,
of December 21, 1944, page 483.01.) for his accrued annual leave concur-
Retroactive granting of leave after rently with military service, by filing
separation.-An employee who left his an application for such leave (22 Comp.
position subsequent to May 1, 1940, to Gen. 229, September 15, 1942; 22 Comp.
enter the active military or naval serv- Gen. 546, December 18, 1942).
ice without break in service, may be *The right to payment for accumu-
granted retroactively, and paid for, the lateil or current accrued annual leave
accumulated or current accrued leave vests in an employee under the act of
to which he is entitled under the act August 1, 1941, as amended, at the®time
of August 1, 1941, as amended, includ- he enters the armed forces without
(December 21, 1944)
511.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
break between his civilian and military | the date of such restoration. Where
service, and continues until he is re- the application was made prior to the
stored to his former civilian position or date of restoration, this employee does
to a civilian position of like seniority, not lose his right to payment for the
status, and pay. An employee who is leave merely by virtue of the fact that
not so restored after relief from active the administrative office's decision
military or naval duty may file claim in thereon was not reached until after the
the General Accounting Office over his date of restoration (based on 21 Comp.
signature for the amount of compensa Gen. 660, January 13, 1942; decision,
tion believed to be due him under the Comptroller General, November 24,
provisions of the act of August 1, 1941, 1944).*
as amended. The agency which for- Funds from which leave should be
merly employed him is not required to paid.—The period immediately follow-
pay him for the annual leave that stood ing the last day of active service in a
to his credit when he entered the armed civilian position is the period for which
forces, but any claim therefor filed by payment may be made to employees for
the veteran should be forwarded to the annual leave pursuant to the act of
General Accounting Office for settle- | August 1, 1941, as amended, and the
ment (21 Comp. Gen. 660, January 13, fiscal year salary appropriation charge-
1942; decision, Comptroller General, able with the payment is the one which
November 24, 1944).
would have been available had the
Upon restoration to his former civil. leave been granted in advance for such
ian position or to 'a civilian position of
period.** If the unobligated balance
like seniority, status, and pay, in ac-
in the fiscal year appropriation charge-
cordance with section 8 (b) of the Se-
lective Training and Service Act of 1940 able is insufficient to pay the obligation
created by that act, the vouchers cover-
or corresponding legislation, an
ployee is presumed to have elected to ing such payments should not be for-
to
have the leave restored to his credit warded the General Accounting
unless he has already elected to receive Office as claims for direct settlement,
payment for it. He may not be paid but the administrative office should take
compensation for the leave under the steps to obtain a supplemental or de-
act of August 1, 1941, as amended, on ficiency appropriation (21 Comp. Gen.
the basis of an application made after 1 258, September 25, 1941).
em-
(December 21, 1914)
LEAVE OF ABSENCE
512
LEAVE DIFFERENTIALS
to January 1, 1938, the date as of which
Section 5 of each of the Annual and such discretion was first vested in Gov-
Sick Leave Acts of March 14, 1936, ernment agencies, for the purpose of
saves to employees stationed outside permitting accumulations of annual and
the continental limits of the United sick leave, but accumulations of an-
States the benefit of any then existing nual or sick leave prior to January 1,
leave differential, whether granted by 1938, which were permitted at the time
prior leave laws or administrative reg- | by administrative regulation pursuant
ulations. It is within the discretion of to statute may be credited to the ac-
the administrative office to apply the counts of such employees in extending
uniform regulations promulgated by the to them the uniform annual and sick
President under the acts of March 14, | leave regulations effective January 1,
1936, to civilian employees stationed 1938, even though such accumulations
outside the continental United States, were in excess of those permitted by
subject to continuance of such leave the Uniform Annual and Sick Leave
differential. The administrative office Regulations (19 Comp. Gen. 66, July
may therefore adopt leave regulations 15, 1939).
for such employees comprising any of
An employee with post of duty out-
the features either of the leave regula- side the continental limits of the United
tions in effect for such employees prior States who is transferred to a post of
to January 1, 1936, or of the Uniform duty within the said limits—both posi-
Annual and Sick Leave Regulations, tions being within the purview of the
but the terms of such regulations must | Annual Leave Act of March 14, 1936–
be within the limits of whichever of loses the leave differential authorized
the comparable provisions of the two for the former duty by the said leave
sets of regulations would result in act, and therefore is not entitled to
greater advantage to the employees (20 accumulated leave in excess of the max-
Comp. Gen. 114, August 26, 1940; 21 | imum authorized for employees within
Comp. Gen. 688. January 20, 1942). the said limits (21 Comp. Gen. 158,
However, the granting of the leave and August 19, 1941).
the rate of accrual should be upon the The leave differential for foreign
same basis; it would not be proper to service saved by section 5 of the Annual
exclude Sundays and holidays in com- and Sick Leave Acts of March 14, 1936,
puting current leave and include Sun-relates only to foreign service coming
days and holidays in computing accu- within the purview of those statutes,
mulated leave (21 Comp. Gen. 688, Jan-exclusive of service under other leave
uary 20, 1942).
laws such as that applicable to officers
Where an agency, in the exercise of and employees of the Foreign Service
its administrative discretion, makes the (decision, Comptroller General, October
Uniform Annual and Sick Leave Regu- | 18, 1944). *As to payment for accumu-
lations applicable to employees sta- lated and current accrued leave upon
tioned outside the continental United transfer to a position under a different
States, such change may not be made leave system, see section 3 of the act of
retroactively effective to a date prior | December 21, 1944, page 483.02.*
(December 21, 1944)
513-514 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
TERMINAL LEAVE
is not subject to retirement deductions.
*Payment for annual leave accrued | It is not regarded as salary or com-
but unused prior to separation.--Under pensation for purposes of the dual-
section 1 of the act of December 21, compensation statutes or for any other
1944 (see page 483.01), a civilian of- purposes, except those of taxation.
ficer or employee of the Federal Govern- If the employee is reemployed in the
ment or the government of the District of Federal service or in or under the gov-
Columbia who is separated from the ernment of the District of Columbia un-
service is entitled to payment, in a lump der the same leave system prior to the
sum, of compensation for all accumu- expiration of the period covered by the
lated and current accrued annual or
leave payınent, he must refund to the
vacation leave to which he is entitled employing agency an amount equal to
under existing law.
the compensation covering the period
Under the terms of the act, the lump between the date of reemployment and
sum payment shall equal the compensa- | the expiration of the leave period. The
tion that the employee would have re-
amount of leave represented by the re-
ceived had he remained in the service fund is recredited to him in the em-
until the expiration of the period of the ploying agency.*
annual or vacation leave. The payment
(December 21, 1944)
LEAVE OF ABSENCE
515
* * beyond the last day of the month in
*Death of employee.--Under section
which he attains automatic retirement
2 of the act of December 21, 1944 (see age**(24 Comp. Gen. 134, August 17,
1944). He may, however, be reem-
page 483.01), the death of a civilian
officer or employee of the Federal Gov- ployed effective the following day or
ernment, or the government of the Dis- later under the special statutory au-
trict of Columbia, does not destroy the thority set forth on pages 129 to 134.
right to payment for his accumulated As to accrual of leave during terminal
and current accrued annual or vacation leave preceding retirement, and as to
refunds for advanced leave in such
leave. Such payment must be made,
upon establishment of a valid claim cases, see pages 495.01 and 503; as to
therefor, to the beneficiary or bene- payment for terminal leave, see the act
of December 21, 1944, page 483.01.
ficiaries, if any, lawfully designated by
the employee under the retirement act
Acceptance of employment with in-
applicable to his service, and if there ternational agency.-The receipt of com-
is no such designated beneficiary, to pensation for terminal annual leave
the estate of the deceased employee. from a Federal agency concurrently
The payment is to be made in a lump with receipt of compensation as an em-
sum equal to the compensation that the ployee of an international agency (such
employee would have received had he as the United Nations Relief and Re-
remained in the service until the ex- habilitation Administration) would not
piration of the period of annual or contravene the dual-compensation stat-
vacation leave.
ute of 1916 (see page 426) if the funds
Section 2 of the act of December 21, provided for the participation of the
1944, refers only to annual leave. As United States in such agency are to be
to the retroactive granting or advanc- intermingled with grants made by other
ing of sick leave, in cases of death, and nations and thus lose their status as
the substitution of sick leave thus Federal funds (23 Comp. Gen. 744,
granted or advanced for a period of April 1, 1944).
leave without pay, see pages 502.01 Resignation to accept employment
and 504.*
with State Government.-A Federal em-
In connection with any claim by or ployee whose resignation from a Fed-
on behalf of the estate of a deceased eral position was tendered on the same
employee for unpaid compensation due day that he accepted employment under
at date of death, forwarded to the Gen- a State government may be paid for
eral Accounting Office for direct set- accrued annual leave for a period
tlement as required by General Regu- beyond the acceptance of such em-
lations No. 42, and supplements thereto, ployment where his resignation was
the administrative report should con- accepted as tendered effective at the ter-
tain a statement showing whether sick mination of the period of earned leave
leave was granted to the employee over (16 Comp. Gen. 776, February 19, 1937).
a period prior to the date of death, and, As to recrediting of leave upon reem-
if granted, the period thereof (24 Comp. ployment in a Federal position, see
Gen. 143, August 21, 1944).
notes on page 497.01.
*
Acceptance of private employment.-
Employee retired for age.-An em-
A Federal employee may be paid the
ployee whose automatic separation for compensation of his position during a
age is required by section 2 (a) of the period of annual leave when he is em-
Civil Service Retirement Act (see page ployed by a private employer (includ-
129) may not be carried on the rolls I ing the American National Red Cross),
(December 21, 1944)
6 33
CIVIL SERVICE ACT AND RULES
J K
TRANSMITTAL SHEET NO. 27
A 22
December 28, 1944
These sheets should be cut or torn apart along the perforations.
They should then be substituted as shown on the back of this page
for pages of the loose-leaf edition of the "Civil Service Act and Rules."
The steps in making the insertions are explained on page XX of the
introductory chapter, "How to Use This Book." The date of this .
transmittal sheet and the date of filing should then be noted on the
"Filing Record" at the front of the book, and this page should be filed
immediately behind Transmittal Sheet No. 26.
When this filing is completed, pages 1 to 220, 291 to 365, 377 to 494,
and 506 to 525 will be up to date as of December 28, 1944. Users are
requested to strike out the notes under the heading "Apportionment"
on pages 79.01 to 81. Revised pages will be furnished as soon as
space permits.
Remarks
Additions have been made on pages 27, 38, 485, 486, and 492.
Material has been deleted as indicated on pages 27, 38, 485, 486,
487, 487.01, 488, and 489.
Changes have been made on pages 27, 38, 39, 100.01, 177, 178.01,
418, 485, 486, 487, 487.01, 488, 489, 490, 491, 516, 516.01, 517, and 518.
The deletions and changes on pages 27, 38, and 39 are the result
of the revocation of the former section 3 of war-service regulation IV
and section 7 of war-service regulation IX by departmental circular
No. 493, supplement 6, of December 30, 1944, as explained in the
footnotes on those pages. The changes on pages 418 and 491 are
clarifications. The changes, deletions, and insertions on pages 485
to 490 and pages 516 to 518 are the result of the promulgation of re-
vised leave regulations, which have not been issued as a depart-
mental circular, but have been published in the Federal Register and
issued as a pamphlet. It is believed that the nature of all other
changes will be obvious upon comparison of the old with the new
pages.
The major feature of this installment is the publication of the revised
leave regulations. These regulations, with the act of December 21,
1944 (publishd in installment 26), and the leave-accounting system
prescribed by departmental circular No. 504, necessitate a general
revision of the notes on pages 490 to 518. This revision has now been
made as far as pages 490 to 494 and pages 506 to 518 are concerned.
The other pages will be brought up to date in the next few installments.
624469 0-45
TRANSMITTAL SHEET NO. 27 (December 28, 1944)
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NOTE.- Pages of the October 31, 1943, edition bear no edition date in the lower
outside corner.
UNITED STATES OF HESHCA
DEPOSITED BY THE
JAN 30:45
WAR SERVICE REGULATIONS
26
(1) Publicity.24—No department or agency of the Government shall
give any publicity to its needs or prospective needs for personnel
through the press, in periodicals, trade or professional journals,
over the radio, or otherwise, without the express prior approval of
the Commission or its authorized representatives, and, after such
approval, only in accordance with the applicable directives and pro-
cedures of the Office of War Information. This subparagraph shall
apply to all positions which are subject ** to the War Service Regula-
tions or to the Civil Service Act and Rules.
(9) Furnishing of names. 28 — Upon receipt of a request for names of
qualified persons, the Commission shall certify from the head of the
appropriate list of eligibles a number of persons sufficient to permit
the nominating or appointing officer to consider three names in connec-
tion with each vacancy: Provided, That no certification shall be made
from a competitive list of eligibles, except of ten-point preference
eligibles, when there are three or more names of eligibles granted five-
or ten-point preference under these regulations on the War Reemploy-
ment List who are qualified and available for the position to be filled.
The eligibles supplied by the Commission will not include the names
of persons suggested by the appointing officer unless such persons are
within reach for certification in accordance with these regulations.*
The Commission will not normally certify the name of a person pro-
posed by an agency unless and until it has had a minimum period of
two weeks in which to certify qualified applicants in response to the
requisition. Under emergency circumstances, the Commission may
shorten the time period specified in the preceding sentence, and the
Commission may require a longer time period in the event of doubt
as to the qualifications of the proposed appointee and in the temporary
absence of other **qualified candidates.
Whenever public announcement is made of a special competitive
examination for filling a particular vacancy in which the statement
is made that the register will expire upon appointment to the par-
ticular vacancy, such vacancy may not thereafter be filled noncom-
petitively by promotion, transfer, reappointment,* or otherwise.
Applications for such examination, however, may be accepted by the
Commission from persons who are currently in the Federal service, or
who have a status for reappointment to such service, and who are
specially recommended by the appointing officer at any time before
appointment is made to the vacancy involved. The qualifications of
such persons will be rated under the competitive standards observed in
the examination, and their names will be entered on the register and
certified as if they had originally filed an application in the competitive
examination.
24 See note on p. 47.01.
*
20 Based on sections 8 and 15 of the Veterans' Preference Act of 1944 (Public Law
359, 78th Cong., June 27, 1944 ; p. 10). See also notes on filling requisitions for personnel,
pp. 72 to 76.7
*
*
*
(July 19, 1944)
27
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
(k) Return of requisitions. Whenever a requisition for personnel
from any department or agency specifies qualifications which are, in
the judgment of the Commission, too exacting in the light of the
requirements of the job and of present labor market conditions, the
Commission will return the requisition. In returning such requisi-
tions, the Commission will indicate its willingness to work out with
the department or agency concerned some other solution of its need
for personnel, such as the development of a suitable training pro-
gram and the recruitment of necessary trainees for such a program.
(i) Direct recruiting.28_The Commission may, upon agreement with
the department or agency concerned, recruit persons directly for the
filling of specific vacancies.
SEC. 2. Sex.-Requisitions for personnel shall be filled without
regard to sex unless sex desired is specified by the appointing officer.
*
*SEC. 3.* Selection.30--The nominating or appointing officer shall,
with sole reference to merit and fitness, make selections for appoint-
ment to each vacancy from not more than the highest three names avail-
able for appointment on the certificate: Provided, That the appointing
officer need not consider any eligible who has been within his reach
in connection with three separate appointments or against whom ob-
jections shall be made and sustained for any of the reasons stated in
*
*
*
23 See notes on this subject on p. 48.
*
*
*
*
*
* The former section 3 was revoked by departmental circular No. 493, supplement 6,
of December 30, 1944 ; 9 F. R. 15135. The present section 3 (then section 4) was amended
by departmental circular No. 193, supplement 1, September 28, 1944 (9 F. R. 11829).
The present section 3 is based on section 8 of the Veterans Preference Act of 1944
(Public Law 359, 78th Cong., June 27, 1944 ; p. 10.02). See also notes on this subject,
pages 85 to 116.*
(December 28, 1944)
WAR SERVICE REGULATIONS
37
benefits, and who, while employed in the position to which trans-
ferred or released, enters active service with the armed forces of the
United States, shall be entitled to the same reemployment benefits
with respect to the Government position from which he was trans-
ferred or released as those to which he would have been entitled had
he entered active military or naval service while employed in such
Government position.83
(d) A person initially appointed for the duration of the war who
receives a transfer or release under these regulations for the duration
of the war, under such conditions as to entitle him to reemployment
benefits, will not be required to be reemployed at the cessation of the
war in the department or agency in which he was originally employed
in view of the fact that his position would no longer exist and in view
of the fact that no position of like status would exist. Such person
will, however, be entitled to have his name entered on the Reemploy-
ment List as provided in this section.
(e) Whenever the filling of any position by promotion from within
for an indefinite period is being considered by any department or
agency, employees who have been transferred or released under condi-
tions which entitle them to reemployment benefits in such depart-
ment or agency shall be given the same consideration they would
have received had they not been transferred or released, and may be
selected for such promotion. In the event of such selection, if such em-
ployee is not authorized to return to the position to which promotion
was made, the position in question shall be filled only for the duration
of such employee's reemployment rights under section 5 of this regula-
tion, and such reemployment rights shall be applicable to the position
to which promotion was made.
SEC. 6. Examinations.—No employee appointed without competi-
tive or noncompetitive examination may be transferred without
qualifying in such appropriate noncompetitive examinations as the
Commission may prescribe, except employees who are subject to title
I of the act of November 26, 1940,85 or any statute or Executive order
providing for the acquisition of a classified civil service status. When-
ever a transfer involves also a promotion or change in status, the
provisions of these regulations regarding promotions and changes in
status shall be applicable to such transfers.
63 **As to reemployment rights, in general, of employees who enter the armed forces,
see War Manpower Commission Directive X, p. 15 | war-service regulation XIII, p. 41.01 :
and notes on p. 136.
*
BG See p. 328.
(July 3, 1944)
38
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
*
*
*
*
*SEC. 7.66* Status of employees.--(a) No employee serving under an
emergency appointment under Section 4 of Regulation V may be trans-
ferred under this regulation unless he has a status for reappointment
under Regulation VIII or unless he has served 90 days under such
temporary appointment and extensions thereof. The appointments
otherwise of such persons are subject to the provisions of Sections 1
and 2 of Regulation X.
(6) In all transfers under this regulation, the employee shall retain
for all intents and purposes under the civil-service laws and rules the
same civil-service status which he had in the agency from which he
was originally transferred.
Any transfer or reappointment of an employee who was originally
appointed "subject to investigation" will be subject to the results
of the investigation.
Sec. 8.* Reports.--Each department and agency shall submit to
the Civil Service Commission such information as the Commission
may require for the effectuation of Directive No. 10 of the War Man-
power Commission in such form and at such intervals as the Com-
mission may prescribe.
*SEC. 9.* Post Office Department, field service.—This regulation shall
not apply to transfers to or between positions in the field service
of the Post Office Department of persons having a classified civil-
service status; such transfers may continue to be effected under civil-
service rules and regulations.67 This regulation shall apply to trans-
fers to or between positions in the field service of the Post Office Depart-
ment of persons who do not have a classified civil service status, and
to the transfer of employees from the field service of the Post Office
Department to positions in other departments or agencies of the execu-
tive branch of the Government.
*Sec. 10.* Trial period.--Any person who has completed a trial or
probationary period during his current period of service shall not be re-
quired to serve a new trial period upon transfer under this regulation.
Any person transferred under this regulation prior to completion of a
trial or probationary period may complete his trial or probationary
period in the position to which transferred subject to the provision of
Section 3 of Regulation V as to termination of service. Where a
person is transferred under this regulation from a position in which a
*oo The former section 7 of war-service regulation IX was revoked, and sections 8, 9,
10, 11, and 12 were renumbered 7, 8, 9, 10, and 11, respectively, by departmental circular
No. 493, supplement 6, of December 30, 1944 ; 9 F. R. 15135.*
67 For civil-service rules on transfer, see p. 276.
1
(December 28, 1944)
WAR SERVICE REGULATIONS
39
trial or probationary period is not required, the beginning of the trial
period shall be considered as dating from the time of original appoint-
ment in the Federal Government during the employee's current con-
tinuous service. When a full year of service has been rendered since
that date, the employee shall be regarded as having completed his
trial period.
*SEC. 11. Preference employees in transfers of functions.68_When any
or all of the functions of any agency are transferred to, or any agency
is replaced by some other agency or agencies, all employees entitled to
five- or ten-point preference under these regulations, in such trans-
ferred agency, available and qualified for positions in the replacing
agency or agencies, shall first be transferred to such positions before
such agency or agencies shall appoint additional employees from any
other source for such positions, and the Civil Service Commission
will not certify eligibles for such positions as long as such qualified
and available preference employees have not been transferred.
REGULATION X
RELEASE FROM GOVERNMENT EMPLOYMENT 69
SECTION 1. Consent for reappointment, reinstatement, and reemploy.
ment.--No department or agency will effect the transfer or the appoint-
ment, reappointment, reinstatement, or reemployment within thirty
days of separation from the service of any employee, or former em-
ployee, as the case may be, of another department or agency without
the express prior approval of the Civil Service Commission.
SEC. 2. Employment of short-term employees.--A person who is serving
or who last served under an appointment limited to six months or
less shall not be required to secure the consent of any Government
department or agency in order to be appointed, reappointed, trans-
ferred, reinstated, or reemployed in any other Government depart-
ment or agency for a period to extend for the duration of the war and
six months thereafter.
REGULATION XI
GENERAL PROVISIONS
SECTION 1. Regulations superseded.—These regulations shall super-
sede civil service rules III, V, VI, VII, VIII, IX, X, and all provisions
of joint regulations inconsistent with these regulations for all posi-
tions except (unless otherwise specifically provided in these regula-
tions):
208 Formerly section 12. Based on section 12 of the Veterans' Preference Act of 1944
(Public Lil W 359, 78th Cong., June 27, 19++; p. 10).
09 See also War Manpower Commission Directive X, p. 13, and Regulations 4, 5, and 7
. 7
of the War Manpower Commission, pp. 351 to 363.
(December 28, 1944)
40
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
.
*
*
*
*
*
(a) Positions other than those filled by civilian employees of the
forces in the Police and Fire Department of the municipal govern-
ment of the District of Columbia ; 72
(6) Positions of policemen in the U. S. Park Police force of the
Interior Department.
*(c) Postmasters.73 Other positions in the field service of the Post
Office Department when retroactive probational appointments are
made thereto of persons who entered on duty prior to November 23,
1943, through certification for probational appointment but who were
found ineligible for probational appointment because of physical
condition and who subsequently become eligible by correcting their
physical condition.*
Civil Service Rule II, Section 6, is suspended as to appointments
made under Section 6 of Regulation V, *but said section 6 shall be
applicable to postal employees who become eligible for a classified
civil-service status in accordance with Section 7 of Civil Service
Rule II.74*
*
SEO. 2. Violations; revocation of delegated authority. Whenever the
Commission shall find that any department or agency, or part thereof,
has acted in violation of any provision of the civil service rules or
of these Regulations, the Commission may revoke in whole or in part
any authority to act delegated to such department or agency, or part
thereof.
REGULATION XII
*
*
*
STABILIZATION OF EMPLOYMENT 76
*Actions taken under or pursuant to these War Service Regulations
shall be subject to the directives, orders, regulations and employment
stabilization programs of the War Manpower Commission.
No employee of the civilian executive branch of the Federal Govern-
ment shall be released from Federal employment to accept non-Federal
employment except in accordance with applicable War Manpower
Commission employment stabilization programs.*
79 See chapter on the filling of positions of policemen and firemen under the District of
Columbia government.
** For provisions governing appointment of postmasters, see p. 377.
74 For notes on suspension of section 6 of rule II, se p. 233. For text of section 7 of.
rule II, see p. 222.
*
*
*
*
*
70 For the principal directives and regulations of the War Manpower Commission most
directly affecting Federal employment, see pp. 349 to 363. See also notes on p. 193.
t
(July 3, 1944)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT
100
pointments under war-service regulation not sufficiently broad to include the rela-
VIII, and appointments from the war- tionships of aunt, uncle, nephew, or
reemployment list; as to reemployment niece, by marriage (Commission's min-
after service in the armed forces, see ute 7 of May 22, 1929), or cousin
pote on "Preference eligibles", above. (Commission's minute 4 of December
With respect to the application of the 21, 1928). Mere residence of a sister-
members-of-family 'requirement to classi-in-law with her brother-in-law's family,
fication cases, see notes on pages 234 and with a financial contribution by the
332.
sister-in-law as payment for room and
The restriction applies to applicauts board, is not sufficient in itself to make
who have two or more members of their her a member of her brother-in-law's
family serving in the entire classified family (37 Op. Atty. Gen. 304, 305,
service, whether or not they are serving October 25, 1933). A stepchild, though
in the department to which the appli- living in the stepfather's house, is not
cant seeks to be appointed (18 Op. counted as a member of his family if
Atty. Gen. 83, December 9, 1884). In the stepfather does not contribute to-
determining whether the other mem- ward his support and does not bear the
bers of the applicant's family employed responsibility of a parent (Commis-
by the Government are in the “classified sion's minute 7 of April 1, 1942).
service", the status of the position, The members-of-family provision ap-
rather than that of the employee, is con- plies to any member of a family that,
trolling. When an excepted position is, while separated, intends to reassemble
occupied by a person with a classified as a unit (Commission's minute 3 of
status, such employment is considered May 18, 1942). On the other hand, a
as outside the classified service and minor who leaves the family fireside
has no effect upon the appointment of and becomes self-supporting and inde-
a third member of the same family in pendent, with every evidence of so
the classified service. On the other continuing, ceases to be regarded as a
hand, an employee who is the occupant member of the parental household
of a classified position is regarded as within the meaning of that provision
in the "classified service" for purposes (Commission's minute 3 of February 5,
of the members-of-family restriction 1943). The marriage of
just as though the employee had a class- daughter who had up to that time been
ified status (Commission's letter to re-
member of the father's family
gional directors, December 6, 1937).
changes the status of the father's
Applicants who have two or more household permanently.
. Should such a
members of their family in the classified son or daughter return to live with the
service are admitted to examinations, father, it would not follow that he or
but are not certified until their ap- she would thereupon again become a
pointment can be made without viola-
member of the father's family (Com-
tion of the requirements of section 9 of mission's minute 1 of July 28, 1927).
the act (Cominission's minute 4 of Feb-
Proof of temporary residence with
ruary 7, 1939).
Definition of family.The term "fam family.-The burden of proving that
ily” as used in section 9 of the Civil residence with other members of the
Service Act refers to those who live un family is of a temporary nature rests
der the same roof with the head of the upon the applicant (Commission's min-
family and form his fireside. When ute 5 of March 30, 1933).
members of the family become heads of
*Severance of family relationship by
new establishments, they cease to be removal to different address.--Severince
part of the father's family (26 Op. Atty. of the family relationship because of the
Gen. 303, July 12, 1907). The term is restriction against appointment in sec-
a
son
or
a
(November 23, 1944)
100.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
tion 9 of the Civil Service Act is not | investigation at any time, and that in
prohibited therein or an evasion thereof. the event that the severance was not
An applicant or eligible whose ap- | bona fide he will be subject to dismissal
pointment is prohibited under section 9 (and to other penalties imposed for fraud
of the Civil Service Act may sever the and false statement under oath.
family relationship and be eligible for *The onus of the proof of the estab-
immediate appointment regardless of lishment of a separate residence will be
the fact that the reason for the sever- placed upon the applicant. Except in
ance is the restriction against appoint- cases where there is no question regard-
ment in section 9.
ing the bona fide nature of the separa-
Severance of the family relationship tion, the separation must have continued
must be bona fide, which is construed to for a period of six months before certifi-
mean branching out and setting up a
cation is made (Cominission's minute 1
separate and independent establish-
of October 31, 1944, as corrected ; 31 Op.
ment by removal in fact or actual re-
moval as distinguished from a pretense Atty. Gen. 324, July 20, 1918).*
of removal which would be a fraud or
An appointment which is made in
concealment of material facts by false violation of the members-of-family law,
statements in application, Civil Service two members of the same family already
Commission Form 1769, or declaration being in the classified service, is not
of appointee.
validated by the removal of any one
In cases of alleged severance, the ap- of the three members involved from the
plicant or eligible will be required to family residence for the purpose of
make
statement that his evading this provision (31 Op. Atty. Gen.
severance is a bona fide one, and will be 324, July 20, 1918; Commission's minute
warned that his residence is subject to 11 of August 22, 1941).
a
Sworn
$
(December 28, 1944)
NOTES ON APPEALS AND REVIEWS
176.01
(6) When such information is re- procedure governs the conduct of hear-
ceived, it will be analyzed by the Board ings held by the Board of Appeals and
to determine whether or not a hearing Review:
is warranted on the basis of the facts (a) Hearings will not be open to the
presented.
general public but will be limited, so
(c) If, upon the basis of such far as attendance is concerned, to ap-
analysis, further inquiry is deemed pellants, their counsel or duly author-
desirable, the case will be referred to ized representative, witnesses, and
the appropriate division for appropriate other persons who in the opinion of the
action as specified by the Board.
Board have a legitimate official inter-
(a) Upon the receipt of the report est therein.
from the division, the Board will again (6) Hearings will be stenographi-
analyze the file and determine whether cally reported except in cases where
or not a hearing will be granted.
the Board considers such action un-
(e) If a hearing is granted, it will be necessary.
restricted to those matters previously (c) Appellants or their representa-
submitted in writing which the Board tives will not be furnished with steno-
indicates as being pertinent to the sub-graphic transcripts of hearings, but will
ject under consideration, and the ap- be permitted to consult such transcripts
pellant will be advised, either in con- in the offices of the Board of Appeals
nection with the Board's communica- and Review.
tion or at the time of the hearing, or (d) All testimony will be given under
both, that in the public interest it will oath or afirmation.
be impossible to reveal any confidential (e) The introduction of irrelevant
information in the record beyond that testimony or statements will not be
which has been revealed in letters permitted.
addressed to the appellant or the Gov- (f) Appellants will be allowed to pro-
ernment agency, provided that previous duce witnesses for the purpose of testi-
communications have set forth in as fying to pertinent facts.
specific manner as possible the points (9) Appellants may present their
that are being given consideration in own cases or they may be presented
connection with the case.
by counsel or other duly authorized
(f) To the greatest extent possible, agents.
all so-called bearings as heretofore (h) Witnesses whose previous state-
specified will be considered as confer- ments have been accepted by the Com-
ences which, at the Board's discretion, mission as confidential disclosures will
may be conducted by the examiner not be called for the purpose of giving
handling the case without attendance on direct oral testimony at the hearing.
the part of Board members, and all such (i) The examiner who presents the
hearings and conferences shall, to the case for the Board of Appeals and Re-
greatest extent possible, be unreported. view will attempt to develop all perti-
(9) All personal appearances not nert information which has any bearing
covered by the foregoing shall be con- on the appellant's qualifications and
sidered as informal conferences (Com- suitability.
mission's minute 2 of February 7, 1942, (j) The Board may, in its discretion,
effective for the duration of the emer- designate qualified examiners to hold
gency).
the hearings (Commission's minute 1 of
Conduct of hearing8.-The following March 28, 1940).
(November 2, 1944)
177 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
APPEALS FROM DECISIONS OF OTHER AGENCIES
8
REGULATIONS GOVERNING APPEALS TO THE Regulation, I–Applicability of
UNITED STATES CIVIL SERVICE COMMIS-
Regulations
SION UNDER SECTION 14 OF THE VET-
SECTION 1. These regulations shall
ERANS' PREFERENCE ACT OF 1944
govern appeals to the U. S. Civil Service
Commission by permanent and indefinite
[Promulgated by departmental circu-
preference eligible employees from ad-
lar No. 507, November 4, 1944; 9 F. R.
verse decisions of administrative officers
13189)
of the Federal government and the gov-
Under authority conferred upon the
ernment of the District of Columbia,
Civil Service Commission by sections more specifically defined hereinafter:
11, 14, and 19 of the Veterans' Preference
(a) Employees covered.—Employees
Act of 1944 (Public Law 359–78th Con- affected are permanent and indefinite
gress, 2d sess., approved June 27, 1944)' preference eligible employees who have
the following regulations are prescribed completed a probationary or trial period
for the enforcement and administration *in positions under the civil-service
of the provisions of section 14 of the rules or war-service regulations, or one
act, relating to appeals to the Commis- year of current continuous employment
sion. Section 14 of the act provides in unclassified or excepted positions, in
the service of any establishment, agency,
for appeals by certain classes of em-
bureau, administration, project or de-
ployees entitled to preference under the
act from adverse decisions of adminis- Presidential order or in the service of
partment created by acts of Congress or
trative officers of the Federal govern- the District of Columbia. These regu-
ment and the government of the Dis-lations are not applicable to employees
trict of Columbia relating to discharges, under the legislative or judicial branch
suspensions for more than thirty (30) of the government, and employees who
days, furloughs without pay and were appointed to any positions re-
reductions in rank or compensation quired to be confirmed by, or made with,
for reasons other than reduction in the advice and consent of the United
force.º
The purpose of these States Senate, other than postmasters
regulations is to establish procedures in offices of the first, second, and third
which will carry into full effect the classes.?
intent of section 14 of the Veterans'
(0) "Preference eligible
Preference Act and safeguard the rights ployees" --The term “preference eligible
employees" referred to in this section
of the employees affected.
includes the following persons: 8
For text of the Veterans' Preference Act
(1) Those ex-service men and women
of 1944, see page 10.
who have served on active duty in any
• Regulations governing reductions in force, branch of the armed forces of the United
including appeals therefrom, appear on page States and have been separated there-
185 and the following pages. Appeals in
connection with reductions in force which from under honorable conditions and
are governed by those regulations will con-
tinue to be processed as heretofore by the Per-
? As amended by departmental circular
sonnel Classification Division of the Com-
No. 507, supplement 1, December 26, 1944 ;
9 F. R. 14023.
mission (departmental circular No. 507,.NO-
The exceptions are based on section 20 of
vember 4, 1944). The omitted material in-
the Veterans' Preference Act of 1944 (page
dicated by asterisks consisted of citations to
10.06).
the departmental circular and page of the
8 This deinition is based on sections 2 and
Fe 'eral Register on which the reduction-in-| 18 of the Veterans' Preference Act of 1944
forca regulations were printed. For corre-
(pages 10 and 10.06, respectively). As to
sponuing citations in the case of the current determination whether or not an employee is
l'eduction-in-force regulations, see page 185. entitled to preference, see pages 76 to 79.
e m-
(December 28, 1944)
NOTES ON APPEALS AND REVIEWS
178
16
*
Regulation. III-Adverse Decisions of the effective date of these regulations,
Administrative Oficers of Agencies unless good cause is shown for failure
Adverse decisions by administrative to file the appeal within the prescribed
officers following notifications of pro-
period.
posed adverse actions, charges and an-
Regulation V-Form of Appeal
swers of employees, shall be in writing
and dated and submitted to the emn-
The appeal of the employee to the
ployee prior to or on the effective date Commission shall be in writing and (1)
of the action and shall set forth (a) any
shall set forth in detail all the facts
and circumstances of the adverse de-
and all reasons, specifically and in de-
tail, for the adverse decision ; and (0) cision; (2) shall be accompanied by
a statement of the right of the employee copies of charges, answer, affidavits in
to appeal the decision to the U. S. Civil support of answer, and notice of the
adverse decision, and by such docuinen-
Service Commission.
tary evidence in support of the appeal as
Regulation IV-Appeals to the U. s. the employee may wish to submit; (3)
Civil Service Commission
shall state whether the employee de-
sires to make a personal appearance or
SECTION 1. After receipt by the em-
ployee of notice of an adverse decision
an appearance through or accompanied
by a representative designated by him
or of a notification of proposed action
which is defective because the period of before a representative of the Commis-
required advance notice is less than sion; (4) shall be supported by accep
table evidence of entitlement to prefer-
thirty (30) days or for other reasons,
ence and (5) shall set forth detailed
such employee may, as a matter of right,
information regarding the employee's
appeal to the Commission immediately
status, such as the date and nature of
or within a reasonable time thereafter.
Sec. 2. Thirty (30) days from the appointment and whether the employee
has completed a probationary or trial
date of receipt of notice of an adverse
decision or a defective notification of period or one year of current continuous
employment in the civil service of the
proposed action shall be considered a
Federal government
District of
reasonable time to prepare and submit
Columbia, and any other data bearing
an appeal under this regulation, but the
on whether the employee is within the
Commission may, in its discretion, and
purview of these regulations.
where good cause is shown for failure to
file the appeal within the prescribed Regulation VI—Where Appeals Shall Be
period, consider appeals submitted after
Filed
the expiration of thirty (30) days.
SEC. 3. Nothing in this regulation
Appeals from employees in the De-
partmental Service in
shall affect the right of an employee to
Washington,
D. C., and the metropolitan area shall
appeal an adverse decision occurring
between the time of the effective date be submitted to the Chief Law Officer,
of the Veterans Preference Act of 1944 United States Civil Service Commission,
(June 27, 1944) and the date of the Washington 25, D. C.; appeals from em-
promulgation of these regulations; pro-
ployees in the Field Service in Wash-
vided, that such an appeal is made to
16 The effective date of the regulations is
the Commission within six months after June 27, 1944.
or
(November 2, 1944)
178.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
ington, D. C., and the metropolitan area to the unsworn testimony as the record
shall be submitted to the Manager, will warrant.17*
Branch Regional Office, Fourth U. S. SEC. 3. The evidence submitted by the
Civil Service Region, Washington 25, employee in connection with his appeal
D. C., and appeals from employees out- will be discussed by the investigator
side of these areas shall be submitted to of the Commission with the administra-
the Director of the appropriate Civil tive officer who made the decision, and
Service Region or Manager of any other proper officials of the employing
Branch Regional Office.
agency concerned, and such officials
shall be requested to state their side
Regulation VII–Preliminary Consider-
of the case. Similarly the employee
ation of Appeals in the Commission.
should be informed of the information
When an appeal is received it will be furnished by the officials of the agency
examined for the purpose of determin- and given the opportunity to insert his
ing whether or not it is within the scope side of the case into the record of
of these regulations. If the determi-
investigation.
nation is that it is not, the employee
Note: For the duty of officers and em-
will be so advised and informed as to the ployees in the executive civil service to
basis for such determination. There- furnish proper and competent informa-
after the employee or his designated rep- tion and testimony to the Commission
resentative may make request for recon- and the penalties provided for refusal
sideration of this determination and may to do so by incumbents in classified
submit evidence and make representa- civil service positions see Civil Service
tions in support of his request. The Rules XIV and XV (5 Code of Federal
record will then be considered and the Regulations, Cum. Supp. 14.1 and 15.1).18
employee or his designated representa-
tive advised as to the decision reached.
Regulation IX-Hearings
If it is found to be an appeal within the
purview of the regulations, it will be
SEC. 1. The appellant shall have the
docketed for investigation adjudication right to appear personally or through or
and the employee or his designated rep-
accompanied by a designated repre-
resentative and the employing agency
sentative in connection with his ap-
will be so advised.
peal and if an appellant has expressed
the desire for such a personal appear-
Regulation VIII-Investigations
ance arrangements will be made for a
SECTION 1. Investigations will be made hearing following the investigation.
as necessary, to develop all the facts and SEC. 2. If the appellant and the em-
circumstances relative to the adverse ploying agency are located in or near
decision and to obtain necessary copies Washington, D. C. or any Regional Of-
of the official record, charges, answer, | fice or Branch Regional Office of the
decision and the reasons therefor, and Commission, a hearing will be scheduled
pertinent testimony of witnesses. and notifications thereof transmitted to
SEC. 2. Testimony of witnesses will be the appellant or his designated repre
*under oath, without any pledge of sentative and to the employing agency,
confidence. *Where it is impracticable advising the latter that it may partici-
to obtain testimony under oath from a
witness such statement will be obtained, *17 As amended by departmental circular
without any pledge of confidence, from No. 507, supplement 1, December 26, 1944 ;
9F. R. 14923.*
the witness as the circumstances will
18 Rules XIV and XV appear on pages 286
permit, and such weight will be given land 288, respectively, of this book.
+
(December 28, 1944)
CONDUCT OF OFFICERS AND EMPLOYEES
417
*
officer fails to carry out the instructions | DUTIES OF FEDERAL AGENCIES IN CON-
of the Commission within ten days after NECTION WITH POLITICAL ACTIVITY BY
receipt thereof, the Commission shall EMPLOYEES OF STATE OR LOCAL OR-
GANIZATIONS
certify the facts to the proper disburs-
ing and auditing officer for proceedings [For more detailed information, see
in accordance with civil-service rule XV. Civil Service Commission Form 1236a]
(0) When the Commission *directs
Duty of Federal agency to report vio-
the removal of an employee for a viola-
tion of section 1, civil service rule 1, lation of section 12 (a) of the Hatch
and the Hatch Act, the penalty laid Act.-Section 12 (b) of the Hatch Po-
litical Activities Act of August 2, 1939
down in paragraph (a) of this sec-
tion shall be applied, even where the (53 Stat. 1147), as added by the act
of July 19, 1940 (54 Stat. 767; 18 U. S.
department or agency reports that the
C. 611), provides in part as follows:
individual has been removed, on grounds
“If any Federal agency charged with
other than a violation of section 1, civil-
service rule I, and the Hatch Act, and funds of the United States for use in
the duty of making any loan or grant of
the individual may not again be em-
any activity by any officer or employee
ployed in the position from which he
to whom the provisions of subsection
was removed. The provisions of sec-
tion 6 of these regulations regarding lieve that any such officer or employee
(a) are applicable has reason to be-
*reemployment in positions other
has violated the provisions of such
than the one from which removal was
subsection, it shall make a report with
effected shall also apply.
respect thereto to the United States
(c) The above procedure shall apply Civil Service Commission
also where an employee has resigned
The term "Federal agency" as used
from his position or office prior to the
in the section just quoted is defined
Commission's determination that he had by subsection (f) (2) of the same
violated section 1, civil-service rule I, section as including "any executive de-
and the Hatch Act.
partment, independent establishment,
(7) *Reemployment.-An employee other agency of the United States (ex-
removed for violation of section 1, civil- cept a member bank of the Federal
service rule I may be reinstated in Reserve System)."
accordance with the provisions of civil-
Text of section 12 (a) of the Hatch
service rules to any position for which Act.--The prohibition against political
he can qualify other than the one from activity contained in subsection (a)
which he was removed : Provided, That of section 12 of the Hatch Act is as
in all cases involving a finding that a follows:
Federal employee has engaged in pro- “No officer or employee of any State
hibited political activity, the Commis-
or local agency whose principal em-
sion shall consider the matter from a ployment is in connection with any
suitability standpoint and shall estab- activity which is financed in whole or
lish a definite period of debarment ap- in part by loans or grants made by
plicable to the employee for all Fed- the United States or by any. Federal
eral positions within the Commission's agency shall (1) use his official author-
jurisdiction (departmental circular No. ity or influence for the purpose of inter-
361, revision 3, December 2, 1944; 9 F. R. fering with an election or a nomina-
14223).*
tion for office, or affecting the result
Interference with legislative or ad- thereof, or (2) directly or indirectly
ministrative proceedings...See note on coerce, attempt to coerce, command, or
page 286.
advise any other such officer or em-
or
old
(November 30, 1944)
418 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
on
ployee to pay, lend, or contribute any lishment, agency, or system which is
part of his salary or compensation or supported in whole or in part by any
anything else of value to any party, State or political subdivision thereof,
coinmittee, organization, agency, or per- or by the District of Columbia or by
son for political purposes. No such of- any Territory or Territorial possession
ficer or employee shall take any active of the United States; or by any recog-
part in political management or in po- nized religious, philanthropic, or cul-
litical campaigns. All such persons
All such persons tural organization (section 21 of the
shall retain the right to vote as they Hatch Act, as added by the act of Oc-
may choose and to express their opin-tober 24, 1942, 56 Stat. 986; 18 U. S. C.
ions all political subjects and 1940 ed., supp. II, 61 u). This excep-
candidates."
tion is the result of curative and reme-
Persons subject to section 12 (a) of the dial legislation and should be applied
Hatch Act. By minute 3 of June 24, retroactively (Commission's minute 8
1943, the Commission has held that an of November 9, 1943).
officer or employee of a State or local *The following persons are excepted
agency is subject to section 12 (a) of only from the prohibition against tak-
the Hatch Act if, as a normal and fore- ing an active part in political manage-
seeable incident to his principal job. or ment or in political campaigns, con-
position, he performs duties in con- tained in the second sentence of section
nection with an activity financed in 12 (a):*
whole or in part by Federal loans or (1) The Governor or the Lieutenant
grants; otherwise he is not.
Governor of any State or any person
The term “State" as used in the Hatch who is authorized by law to act as
Act is defined by section 19 of that act Governor, or the mayor of any city
as meaning “any State, Territory, or (section 12 of the Hatch Act, as added
possession of the United States.” The by the act of July 19, 1940, 54 Ştat. 767;
term "State or local agency” is defined 18 U. S. C. 1940 ed. 61 1);
by section 12 (f) (1) of the act as mean- (2) Duly elected heads of executive
ing “the executive branch of any State, departments of any State or munici-
or of any municipality or other politi- pality who are not classified under a
cal subdivision of such State, or any State or municipal merit or civil-service
agency or department thereof."
system (section 12 of the Hatch Act, as
Persons exempted from section 12 (a) added by the act of July 19, 1940, 54
of the Hatch Act.--The following per- Stat. 767; 18 U. S. C. 1940 ed. 61 1);
sons are exempted from the prohibitions (3) Officers holding elective offices
contained in section 12 (a):
(section 12 of the Hatch Act, as added
(1) Officers and employees who exer- by the act of July 19, 1940, 54 Stat.
cise no functions in connection with any 767 ; 18 U. S. C. 1940 ed. 61 1).
activity of a State or local agency which Duty to withhold funds upon certified
is financed in whole or in part by loans order of Commission.-Upon determin-
or grants made by the United States or ing that a violation of subsection (a)
by any Federal agency (section 12 of of section 12 of the Hatch Act has oc-
the Hatch Act, as added by the act of curred and that such violation war-
July 19, 1940, 54 Stat. 767; 18 U. S. C. rants the removal of the officer or em-
1940 ed. 61 l);
ployee by whom it was committed from
(2) Persons employed in the govern- his office or employment, the Civil Serv-
ment of the District of Columbia, who ice Commission must, under subsection
are regarded for purposes of the Hatch (b) of that section, notify such officer
Act as being employed in the executive or employee and the appropriate State
branch of the Government of the United or local agency of such determination
States, and are therefore subject to the by registered mail. Subsection (b) pro-
provisions set forth on page 410 (section vides further as follows:
14 of the Hatch Act) ;
"If in any case the Commission finds
(3) Officers and employees of any ed- that such officer or employee has not
nicational or research institution, estab- | been removed from his office or employ-
(December 28, 1944)
LEAVE OF ABSENCE
485
REGULATIONS RELATING TO ANNUAL AND SICK LEAVE OF
GOVERNMENT EMPLOYEES
[Published in 9 F. R. 15031]
*The following regulations govern- (f) “Court leave" means leave for
ing the granting of annual and sick attending court as a witness on behalf
leave to civilian officers and employees of the United States or the government
of the United States, the District of of the District of Columbia, or for jury
Columbia, and all corporations included
duty.
within the provisions of the act of
(0) "Break in service” means separa-
March 14, 1936, entitled “An Act to pro- tion from the Federal service for a
vide for vacations to Government em-
period of thirty or more calendar days.
ployees, and for other purposes" (49
(n) "Medical certificate" nieans a
Stat. 1161), as amended by the act of written statement signed by a registered
December 17, 1942 (56 Stat. 1052), and
practicing physician or other practi-
the act of March 14, 1936 entitled “An tioner, certifying to the period of dis-
Act to standardize sick leave and ex-ability of the patient while he was
tend it to all civilian employees" (49
undergoing professional treatment.**
Stat. 1162), as amended by the act of
*(i) "Month of service” means a pe-
March 2, 1940, entitled “An Act to amend riod in a pay status covering a full
the annual and sick leave acts of March calendar month or beginning on any
14, 1936" (54 Stat. 38), have been pre- date of a calendar month and ending at
scribed by Executive Order No. 9414, the close of business of the preceding
January 13, 1944, and by amendments date in the next calendar month.*
thereto issued by the United States Civil
(j) "Terminal leave" means the pe-
Service Commission pursuant to section riod between the last day of duty and
7.1 of that order.
the expiration of annual leave.
PART 1-DEFINITIONS
(k) “Contagious disease” means a
SECTION 1.1. As used in these regula- disease ruled as subject to quarantine as
tions:
defined by the health authorities having
(a) "Employee" and "employees" in- jurisdiction.*
clude officer and officers, respectively.
PART II-ANNUAL LEAVE
(6) "Permanent employees' are those
Accrual of Annual Leave
appointed without limitation as to
length of service or for definite periods SECTION 2.1. Annual leave shall be
in excess of one year, or for the curation credited to employees as follows:
cf the present war and for six months (a) Permanent employees shall be
thereafter.
credited with leave at the rate of two
(c) “Temporary employees” are those days per calendar month plus an addi-
appointed for definite periods of time tional 12 day in March, June, Septem-
not exceeding one year.
ber, and December to employees who
(d) “Indefinite employees” are those
were continuously employed for the
appointed for the "duration of the job” entire quarter-year ending in such
and those who, although paid only when
months; or, a credit of 26 days may
actually employed, are continuously em-
ployed or required to be available for be given at the beginning of the calen-
dar year in which it accrues in lieu of
duty for a period of not less than one
month, às distinguished from part-time the monthly credit: Provided, that
or intermittent employees.
should an employee separate from the
(c) “Accumulated leave” means the service before the expiration of the
unused leave remaining to the credit of calendar year such credit will be re-
the employee at the close of any calendar duced proportionately. The minimum
year.
credit for leave shall be the hourly
(December 28, 1944)
486 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
equivalent of 1/2 day, and additional hour, and additional leave shall be
credits shall be in multiples thereof. charged in multiples of one hour.
(6) Temporary employees shall be SECTION 2.4. An employee who is to
credited with leave of 242 days for be separated from the service shall be
each month of service. After the first entitled to the unused annual leave
month of service such leave may be standing to his credit, and the date of
credited at the beginning of the month his separation shall be so fixed as to
in which it accrues.
permit him to take such leave, and in
(c) Indefinite employees shall be cred- no case, whether the separation be vol-
ited with leave of two days for each untary or involuntary, shall the separa-
month of service plus an additional 1,2 tion become effective on a date prior
day when the service aggregates three to the date of termination of such
months.
leave: Provided, that an employee who
*(a) Because of the difference in elects to forfeit the leave standing to
crediting leave to temporary and indefi- his credit may do so by filing a written
nite employees and permanent employ- notice to such effect. 8A
ees the following method shall be fol- SECTION 2.5. When an employee is
lowed in crediting leave when a tempo- absent from duty and in attendance
rary or indefinite appointment is con- in court as a witness in behalf of the
verted to a permanent appointment United States or the government of
prior to the end of the service month: the District of Columbia, or for jury
Service as a permanent employee shall duty in any State court or court of
be counted as temporary or indefinite the United States, the absence from
service for the purpose of completing duty shall not be charged against an-
the inonth of service. Leave shall be nual leave but should be recorded as
credited for the remainder of the cal- "court leave".
endar month as a permanent employee.*
PART III-SICK LEAVE
SECTION 2.2 Accumulated annual
Accrual of Sick Leave
leave may be carried forward for use
SECTION 3.1. (a) Permanent em-
in succeeding years until it totals not
ployees shall be credited with sick
exceeding 60 days: Provided, that dur- leave at the rate of 114 days per
ing the period of the present emergency month. The minimum credit for sick
30 days additional leave may be accu- leave shall be one hour, and additional
mulated: Provided further, that when credits shall be in multiples thereof.
accumulated leave equals or exceeds 60 (6) Temporary and indefinite em-
days, further increase in accumulated ployees shall be credited with 114 days
leave shall be limited to 15 days in of sick leave for each month of service.
any succeeding year.
(c) Sick leave accruing during any
month of service shall be available at
Grant of Annual Leave
any time during that or any subsequent
SECTION 2.3. Annual leave shall be month.
granted to an employee **at such times
8. This section of the Leave Regulations
as the heads of the departments and is, of course, subject to the provisions of
agencies may prescribe. *Permanent
the act of December 21, 1944, quoted on
page 483.01. At the time this act became
employees during their first year of serv- law, it was too late to make further changes
ice shall not be granted leave in excess
in the leave regulations, since a new leave-
accouníing system, based on other provisions
of the amount accrued to their credit. / of those regulations, was to be put into effect
Temporary and indefinite employees at the beginning of the new calendar year.
shall not be granted leave until immedi- Comptroller General has interpreted the new
Section 2.4 will be amended later, after the
ately prior to the end of the month in law and sufficient time has elapsed to show
which it is earned. The minimum clearly just what changes are needed in this
and other sections of the Leave Regulations
charge for annual leave shall be one because of the new law or for other reasons.
(December 28, 1944)
LEAVE OF ABSENCE
486.01
SECTION 3.2. Unused sick leave shall the immediate family of the employee
be cumulative and available for future is afflicted with a contagious disease
use: Provided, that the balance to the and requires the care and attendance
credit of the employee at the end of of the employee, or when, through ex-
any month shall not exceed ninety posure to contagious disease, the pres-
days.
ence of the employee at his post of duty
would jeopardize the health of others.
Grant of Sick Leave
The minimum charge for sick leave
SECTION 3.3. Sick leave shall be shall be one hour, and additional leave
granted to employees when they are shall be charged in multiples of one
incapacitated for the performance of hour.
their duties by sickness, injury, or
pregnancy and confinement, or for sent on account of sickness shall notify
medical, dental or optical examination his supervisor as early as practicable
or treatment, or when a member of l on the first day of such absence, or
r SECTION 3.4. An employee who is ab-
(December 28, 1914)
487 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
ac-
more
as soon thereafter as possible. Failure for such substitution of sick leave for
to give such notice may result in the annual leave shall be made within two
absence being charged to annual leave days after return to duty and shall be
or leave without pay, as the circum- supported by a medical certificate, or
stances may justify. Requests for sick other evidence administratively
leave for medical, dental, or optical ceptable to the same extent as provided
examination or treatment shall be sub- in section 3.5 of these regulations.*
mitted for approval prior to the begin-
☆
*
ning of the leave.
SECTION 3.5. Written application on
Advance of Sick Leave
the prescribed form for grant of sick SECTION 3.8. In cases of serious dis-
leave shall be filed within two days | ability or ailments, and when the
after the employee returns to duty. exigencies of the situation so require,
*In no case shall a medical certificate sick leave may be advanced to perma-
be required to support the application nent and indefinite employees not in
for periods of absence of three days or excess of 30 days: Provided, That no
less. For periods of absence in excess advances of sick leave shall be made
of three work days the application must to any employee unless the absence
be supported by a medical certificate, or from duty on account of illness is for
other evidence administratively accepta- a period, or periods, of 5 or
ble, which must be filed within fifteen consecutive work days; that every appli-
days after return to duty: Provided, cation for advance leave shall be sup
That in lieu of a medical certificate, a ported by a medical certificate; that
signed statement of the employee indi- the total of such advances shall be
cating the nature of the illness and the charged against sick leave subsequently
reason why a medical certificate is not credited.
credited. Sick leave may be advanced
furnished may be accepted whenever it irrespective of whether the employee
is unreasonable to obtain such certific has annual leave to his credit.
cate because of a shortage of physicians,
SECTION 3.9. Sick leave shall not be
remoteness of locality, or because the advanced to an employee holding a
circumstances surrounding the
limited appointment, or one expiring on
ployee's illness do not require the serr-
a specified date, in excess of the total
dur-
ices of a physician. The agency shall sick leave that would
determine administratively whether the ing the remaining period of such
statement of the employee in lieu of a appointment.
medical certificate shall be considered
PART IV-GENERAL PROVISIONS
sufficient evidence to support the re-
quest for sick leave. All applications SECTION 4.1. (a) Leave shall be
for sick leave for medical, dental, or credited in units of hours on the basis
optical examination or treatment shall of the established work day. Fractional
be supported by a certificate of the em- parts of an hour that equal or exceed
ployee that he has received such exam-
14 hour shall be counted as one hour
ination or treatment and shall include and fractions of less than 12 hour shall
the name and address of the physician, be disregarded.
dentist, or other practitioner visited (0) Whenever the number of hours
and the date and hour of visit.
of duty in an employee's work day is
SECTION 3.6. When sickness occurs permanently changed the leave stand-
within a period of annual leave and lasts ing to his credit shall be converted to
five or more consecutive work days, the the proper number of hours based upon
period of illness may be charged as sick the new work day.
leave and the charge against annual (c) The accumulated leave of each
leave reduced accordingly. Application employee, as of December 31, 1943, shall
em-
accrue
(December 28, 1944)
LEAVE OF ABSENCE
487.01
.
be converted from days-hours-minutes | leave shall cease at the close of the last
to units of hours. Fractional parts of day on which he was present for duty,
an hour that equal or exceed 12 hour and the final date of separation shall
shall be counted as one hour and frac- not be extended by the granting of sick
tions of less than 12 hour shall be or court leave: *Provided, That em-
disregarded.
ployees who are restored in accordance
SECTION 4.2. (a) Leave shall accrue with statutory provisions to civilian po-
to an employee while in a leave-with- sitions after military, naval or merchant
pay status providing he returns to duty. marine service may be credited with
(6) **Leave shall not accrue to an leave accrued during the period of ter-
,employee while terminal leave, minal leave granted immediately prior
whether by separation, furlough, or resto entry into active military, navad or
ignation. In such cases the accrual of merchant marine service.*
on
(December 28, 1944)
488 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
or
Section 4.3. Whenever a permanent such excess, or deduction therefor shall
employee is absent 15 or more days be made from any salary due him. This
during a calendar year in a nonpay section shall not apply in cases of death,
status (including suspensions) the retirement for disability, or reduc-
credits for annual leave shall be re- tion of force, or in case an employee who
duced one day and for sick leave 12 day is not found eligible for retirement is
for each* *period aggregating 15 days. unable to return to duty because of dis-
Whenever such absences total 90 days, ability, evidence of which shall be sup-
there shall be a further reduction of 1/2 ported by an acceptable medical cer-
day in annual leave credits for each tificate.
such period: Provided, That when an SECTION 4.7. Leave without pay may
employee absent because of injury re- be granted to an employee for a period
ceived in line of duty requests to be not exceeding twelve months regardless
carried on leave-without-pay, he shall, of whether he has leave standing to his
upon his return to duty, receive credit credit: *Provided, That an employee ab-
for accrued leave covering the period for sent because of injuries received in line
which he was paid disability compensa- of duty may be carried on leave with-
tion by the Employees' Compensation out pay for the period for which he is
Commission.
paid disability compensation by the Em-
* ployees' Compensation Commission.*
SECTION 4.4. Leave shall be charged,
* *
*
only for absence upon days which an SECTION 4.8. When an employee is ap-
employee would otherwise work and re- | pointed, reappointed, transferred
ceive pay and shall be exclusive of Sun- from one permanent *or indefinite*
days which do not occur within a position to another permanent *or in-
regular tour of duty, holidays, and all definitet position, without a break in
non-work days established by Federal service, his leave account shall be dis-
statute or by Executive or administra- | posed of as follows:
tive order: Provided, That when If the position is within the purview
holiday is declared by general admin- of the leave acts of March 14, 1936, the
istrative order to be a work day, an leave account shall be certified to the
employee who absents himself from employing agency for credit or charge to
work without permission on that day the employee.
shall be subject to a deduction of one
*
*
day's pay.
*SECTION 4.9. When an employee is
*SECTION 4.5. Under ordinary cir- appointed, reappointed, or transferred
cumstances unavoidable or necessary ab- without a break in service from a per-
sence from duty not in excess of thirty manent or indefinite position to a tem-
minutes, and tardiness, shall be excused porary position, his leave account shall
for adequate reasons, or handled admin- be disposed of as follows:
istratively by requiring additional work, (a) If the position is in the same
or by a charge against overtime previ-' agency he shall be credited with such
ously worked beyond regular hours. In leave as may be (lue him or charged
the event that this privilege is abused with any unaccrued leave which may
such absences, and ta rdiness, shall be have been advanced.
handled administratively by a charge (0) If the position is in a different
against annual leave, or by disciplinary agency he shall be furnished with a
action.*
statement of his leave account and if
SECTION 4.6. In case of the separation subsequently he is appointed, reap-
of an employee who is i'ndebted for ad-pointed, or transferred without a break
vance leave, the employee shall refund in service to a permanent or indefinite
the amount paid him for the period of position the amount of leave shown to
a
(December 28, 1944)
LEAVE OF ABSENCE
489
1
10
be due shall be credited to his account: to the continuance of such leave dit-
Provided, That in the discretion of the ferential.
agency to which transferred, the leave
PART VI-EMPLOYEES EXCEPTED
shown to be due him may be credited to
SECTION 6.1. These regulations shall
him in the temporary position.*
SECTION 4.10. Temporary employees
not apply to:
(a) Teachers and Librarians of the
who subsequently receive permanent *or
indefinite* appointments without break public schools of the District of Co-
lumbia.
in service, either in the same or a dif-
(6) Officers and employees of the
ferent department or agency, shall be
credited with such leave as may be due Panama Canal and the Panama Rail-
road Co., on the Isthmus of Panama."
them.**
(c) Temporary employees engaged
PART V-ADMINISTRATION
on construction work at hourly rates.
SECTION 5.1. The heads or governing
(d) The Postmaster General and of-
bodies of the various governmental ficers and employees in or under the
agencies to which this Executive order Post Office Department, except those
applies shall be responsible for the serving in the departmental service
and in the Mail Equipment Shops.
proper administration of these regu-
lations so far as they pertain to em-
(e) Employees not required to be con-
ployees under their respective juris- tinuously employed during regular tour
of duty, such as (1) per diem or per
dictions, and they shall maintain an
account of leave for each employee in hour employees engaged in an emer-
accordance with methods prescribed by gency who may be employed for more
the Civil Service Commission and ap-
than one 7- or 8-hour shift within 24
proved by the Director of the Bureau hours during the emergency; (2) part-
time or intermittent employees; (3)
of the Budget.
SECTION 5.2. The head or governing persons engaged under contract; (4)
body of any governmental agency which employees engaged temporarily for less
than a month on a piece-price basis;
has employees who work 24-hour shifts,
or other uncommon tours of duty, is (5) employees who are paid at hourly
rates but who are not engaged on con-
authorized to promulgate supplemental
regulations consistent with these regu- skilled laborers, and others engaged in
struction work, such as mechanics,
lations for administering leave for such
various services on maintenance, repair,
employees.
SECTION 5.3. Nothing in these regula- is more or less intermittent and not on
clean-up work, etc., where employment
tions shall be construed to prevent the
a regular and continuous basis; (6) con-
continuance of any leave differential
sultants employed and paid on the basis
existing prior to January 1, 1936, for of "when actually employed”; and (7)
the benefit of employees of the Federal employees paid on a fee basis, such as
Government stationed without the con-
physicians, surgeons, and other con-
tinental limits of the United States.
sultants.
However, any department may, if it so
desires, apply these regulations to em-
* D As to the leave system applying to
these employees, see page 481.
ployees stationed without the.continen-
10 As to the leave system applying to these
tal limits of the United States, subject employees, see page 482.*
(December 28, 1944)
490 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
(f) Alien and native labor employed ity vested in me by the First War
outside the continental limits of the Powers Act, 1941 (55 Stat. 838), it is
United States: Provided, that the head hereby ordered that, for the period of
or governing body of any governmental the war, the Civil Service Commission
agency which employs alien and native is authorized to promulgate amend-
labor outside the continental limits of ments to these regulations.
the United States may promulgate *SECTION 7.2. These regulations, pre-
regulations governing the granting of scribed by Executive Order No. 9414,
leave to such employees.
as amended by the Civil Service Com-
SECTION 6.2. The regulations con- mission pursuant to section 7.1, shall be
tained herein relating to sick leave shall effective as of January 1, 1945.
not apply to officers and members of the
SECTION 7.3. These regulations shall
Police and Fire Departments of the Dis- be published in the Federal Register.*
trict of Columbia other than civilian
personnel.
* Executive Order No. 9414, January 13,
1944, superseded Executive Orders No. 8384
PART VII-AMENDMENTS; EFFECTIVE and No. 8385 of March 29, 1940, No. 9307
of March 3, 1943, and No. 9371 of August
DATE; PUBLICATION
24, 1943, and was effective as of January
SECTION 7.1. By virtue of the author- | 1, 1944.*
NOTES ON ANNUAL AND SICK LEAVE
Granting of annual leave manda- "The granting of such leave is con-
tory.-The granting of annual leave au- tingent upon the veteran's giving prior
thorized by the act of March 14, 1936, in-notice of definite days and hours of ab-
cluding leave accrued and not taken dur- sence required for medical treatment in
ing prior years, notwithstanding it may order that arrangements may be made
have been previously applied for and de- for carrying on the work during his ab-
nied, is, by said act, made mandatory, sence" (Executive Order No. 5396, July
but the administrative office may deter- 17, 1930).
mine when leave may best be granted Compensatory leave for overtime.-See
(16 Comp. Gen. 74, July 27, 1936), and section 1 of Part III of the War Over-
may require any individual employee, or time Pay Regulations, page 471.
class of employees, or any or all em- Leave of absence for service with local
ployees of a particular unit or of the selective-service boards.-In view of the
agency, to take annual leave at any time provisions of section 10 (a) (3) of the
and for any period within the limita- Selective Training and Service Act of
tions of the statute as the needs of the 1940 (54 Stat. 893, September 16, 1940),
service may require (19 Comp. Gen. 955, a Federal employee appointed to a local
May 25, 1940).
selective-service board is 'apparently
Leaves to disabled. veterans.-"With not to be regarded as excused thereby
.
respect to medical treatment of disabled from the discharge of his ordinary of-
veterans who are employed in the execu- ficial duties and must arrange with the
tive civil service of the United States, it proper officer of his department for an-
is hereby ordered that, upon the presen-nual leave or leave without pay on such
tation of an official statement from duly days when his service with the local
constituted medical authority that med board would conflict with his other
ical treatment is required, such annual duties (letter of the Acting Assistant
or sick leave as may be permitted by law Solicitor General to the Governor of
and such leave without pay as may be South Carolina, September 24, 1940).
necessary shall be granted by the proper Granting of annual leave to compete
supervisory officer to a disabled veteran in civil-service examinations.-See rule
in order that the veteran may receive | VI, section 1.
such treatment, all without penalty in Leave for voting purposes.—The fol-
his efficiency rating.
lowing statement of policy respecting
1
(December 28, 1944)
LEAVE OF ABSENCE
491
en-
the absence from work of employees of leave upon return from private employ.
the Federal Government on election ment, see page 497.01.
days is quoted from a letter to the Com-
SCOPE OF THE LEAVE LAWS AND
mission dated October 12, 1944, from Mr.
REGULATIONS
William H. McReynolds, Administrative
Contract employees. The provision
Assistant to the President:
"So far as may be practicable so as
of section 6.1 (e) of the Annual and Sick
not to interfere seriously with produc- Leave Regulations which exempts from
tion, employees who desire to vote at leave benefits "persons engaged under
contract” refers
communities where they are employed
to contractors
will be excused for that purpose with-gaged—not employed— on other than a
out charge of leave for a reasonable personal service basis (generally those
time on all election days. Such author- who do not perform their work under
ized absence should not exceed the time the supervision and control of the Gov-
actually required to vote and in no
ernment). Persons employed on a per
event should it exceed one working diem “when actually employed” basis
day.
under an instrument designated as a
“When an employee requests addi- "contract” are to be regarded as “offi-
tional leave for voting purposes which
cers and employees of the United States"
will require longer than one day in within the meaning of the Leave Regu-
order to enable him to go to his legal lations and, as such, are entitled to
residence to vote, permission will be leave benefits unless otherwise exempted
therefrom.
granted whenever practicable and the
Persons of the latter type are to be
period of absence in excess of one day
will be charged to annual leave or if considered “permanent” employees with-
annual leave is exhausted, to leave with in the meaning of the Leave Regulations
out pay.”
*if the contract is for full-time (as dis-
Private employment during leave pe-
tinguished from part-time or interniit-
riod.—There is no general law which tent) service and is for definite periods
in excess of one year, and “temporary"
prohibits the payment of compensation
to a civilian officer or employee during employees if the contract is for definite
a period of annual leave when said Where the contract does not specify any
periods not exceeding
ufficer or employee is working for and definite period of time of employment or
receiving compensation from a private performance of contract, such persons
employer (including the American Na-
are to be considered "indefinite" em-
tional Red Cross), even though such ployees within the meaning of the Leave
employer may be a contractor working Regulations (rather than “part-time”
for or under the direction of the United
or "interınittent" employees) if-.
States Government, provided the salary
(a) They are actually continuously
in the private employment does not con-employed for a period of not less than
stitute a contribution toward Federal
one month; or
salary in contravention of the act of
(6) They are required to be avail-
March 3, 1917 (39 Stat. 1106 ; 5 U. S. C. able for duty for a period of not less
1940 ed. 66). The dual-compensation than one month; or
statutes do not apply in such a case (c) The contract requires the per-
(20 Comp. Gen. 488, February 27, 1941; |formance of a specific job.
22 Comp. Gen. 178, September 3, 1942; Such "indefinite” employees, like other
23 Comp. Gen. 305, October 23, 1943). "indefinite” employees, do not accrue
As to substitution of leave with pay leave unless they are actually continu-
for a period of leave without pay for ously employed for at least one month
service with a private employer, see (based on 23 Comp. Gen. 425, December
note on page 505. As to recrediting of | 13, 1943).
one
year.*
1
(December 28, 1944)
491.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
page 499.
Employees appointed in connection under the act of August 1, 1941, as
with cooperative agricultural work.- amended, to be paid for his accumulated
Employees appointed by the Depart- and current accrued annual leave con-
ment of Agriculture in connection with currently with military service, provided
cooperative work with the States, etc., there is no break between his civilian
whose duties and time of work are sup- service and entry into active military
ervised and controlled by Federal of service (23 Comp. Gen. 603, February 18,
ficers, are employees of the United 1944).*
States within the meaning of the an- Bailiffs in the Federal courts.-Bailiffs
nual and sick leave acts of March 14, in the Federal courts are part-time or
1936, 49 Stat. 1161 and 1162, regardless intermittent employees as distinguished
of whether a portion or all of their from indefinite employees within the
salaries is paid by the Federal Govern- meaning of the Uniform Annual and
ment, or otherwise, and should be re- Sick Leave Regulations, and hence are
garded as in a continuous duty status not entitled to annual or sick leave (20
for leave purposes (17 Comp. Gen. 362, Comp. Gen. 140, September 9, 1940).
October 26, 1937). With respect to Property and disbursing officers and
amount of leave which may be taken, employees of the National Guard. The
and time of taking it, see notes on National Guard officers appointed by
the Governors of the States as property
*Judicial service.-The Annual and and disbursing officers of the United
Sick Leave Acts of March 14, 1936, are States in accordance with the provisions
given application to the field service of of section 67 of the National Defense
the judiciary; and by usage the regula- Act of June 3, 1916, 39 Stat. 199, 200,
tions promulgated by Executive order and the accounting and custodial em-
are recognized as governing (letter of ployees serving in their offices who are
the Director, Administrative Office of employed by the State military author-
the United States Courts, to the Comp- | ities, are not "employees of the United
troller General, February 5, 1944). States" within the meaning of the An-
United States supervising conciliation mal Leave Act of March 14, 1936, 49
commissioners who are appointed by a
Stat. 1161 (19 Comp. Gen. 326, Septem-
United States court and paid, as com- ber 7, 1939 ; 21 Comp. Gen. 305, October
pensation for their services, a per diem | 8, 1941; 22 Comp. Gen. 864, March 4,
allowance as prescribed by the provisions 1943).
of 11 U. S. C. 203, may be regarded as District of Columbia police and fire
“civilian officers and employees of the departments.--The Annual Leave Act of
United States" within the meaning of March 14, 1936, 49 Stat. 1161, is ap-
the Annual Leave Act of 1936, so as to plicable to officers and members of the
entitle them to the leave benefits pre- police and fire departments of the Dis-
scribed thereunder. If employed each trict of Columbia (16 Comp. Gen. 581,
day of the month, such a commissioner December 14, 1936). Officers and mem-
may be regarded as an "indefinite em- bers of those departments, other than
ployee" within the meaning of the Leave civilians, are, however, excluded from
Regulations and entitled to the leave the scope of the Sick Leave Act by
benefits applicable to such employees. section 1 of that act. As to sick leave
Upon separation by resignation to enter for members of the Fire Department, see
the active military service, he is entitled | page 386.
(July 12, 1944)
LEAVE OF ABSENCE
492
Home Owners' Loan Corporation.- | tual service differs from that indicated
The Home Owners' Loan Corporation is in the appointment. Thus, an employee
subject to the Annual and Sick Leave who, although holding a permanent ap-
Acts of March 14, 1936 (16 Comp. Gen. pointment, has been employed over an
611, December 22, 1936).
extended period on an intermittent
American National Red Cross.-Per- basis, is not to be regarded as a "per-
sonnel of The American National Redmanent employee" within the meaning
Cross, a corporation chartered under of the Uniform Annual and Sick Leave
the act of January 5, 1905 (33 Stat. Regulations (16 Comp. Gen. 442, October
599), as amended, are not "civilian offi- 26, 1936; 18 Comp. Gen. 457, November
cers and employees of the United States” 17, 1938). However, the fact that an
within the meaning of section 1 of the employee actually serves less than one
Annual and sick Leave Acts, and, ac- year does not change his status for
cordingly, are not to be regarded as leave purposes from "permanent" to
coming within any of the provisions of “temporary." He is a "permanent” as
the said acts or the Executive regula- distinguished from a "temporary” em
tions issued pursuant thereto (23 Comp. ployee if the termination of his appoint-
Gen. 305, October 23, 1943).
ment is not fixed in advance and stated
*Anglo-American Caribbean Commis- in the appointment as one year or less,
gion.—Persons who are employed and either by the statement of an exact date
supervised jointly by the United States or by the use of appropriate qualifying
and British Governments on work of the words such as “not to exceed one year"
Anglo-American Caribbean Commission (based on 16 Comp. Gen. 934, April 16,
and who devote no particular period of 1937; 19 Comp. Gen. 520, November 24,
their employment exclusively to the 1939; 23 Comp. Gen. 260, October 5,
work of either government are not "offi- 1943).
cers" or "employees" of the United The classification of employees for
States within the meaning of the an leave purposes is separate and apart
nual and sick leave acts of March 14, from, and is not coextensive with, that
1936 (decision, Comptroller General, established for the purposes of the civil-
November 17, 1944).*
service laws and regulations. For ex-
ample, an employee designated as "tem-
CLASSES OF EMPLOYEES FOR LEAVE porary” under the latter is not neces-
PURPOSES
sarily "temporary" under the former
(19 Comp. Gen. 520, November 24, 1939).
Basis of division into classes. The
A statutory limitation on the life of
grunting of leave under the Annual
Leave Act of March 14, 1936, 49 Stat. tion whether or not its employees are
an agency has no bearing on the ques-
1161, is not for determination upon the
temporary employees within the mean-
basis of the measure of compensation-ing of the leave regulations (based on
piece work, per annum, per diem, etc.-
17 Comp. Gen. 276, September 23, 1937;
but upon the tenure of employment (16 17 Comp. Gen. 793, March 31, 1938).
Comp. Gen. 1039, May 26, 1937).
Effect of change in regulations upon
The wording of an employee's appoint- the leave classification of employees.-
ment is not necessarily determinative of an employee who is serving under an
his right to annual and sick leave under appointment for a definite period not in
the acts of March 14, 1936, 49 Stat. 1181 excess of one year is to be considered as
and 1162, respectively, and the applicable a "temporary” employee for purposes of
regulations issued thereunder if his ac- accrual of leave on and after January
(December 28, 1914)
492.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
1, 1944, even though he was appointed Commission's war-service regulations
prior to that date and was classed as a may be regarded as "permanent em-
“permanent” employee under the leave ployees" within the meaning of the
regulations in effect at the time of his Leave Regulations (22 Comp. Gen. 841,
appointment (23 Comp. Gen. 904, May February 26, 1943).
29, 1944).
Employment on construction work at
Appointees under the war-service an hourly rate.-A temporary employee
regulations. Employees who have been engaged on construction work at an
given "war service” appointments for hourly rate is expressly excluded from
the duration of the war and 6 months the benefits of the Annual and Sick
thereafter pursuant to the Civil Service | Leave Acts of March 14, 1936, and his
(December 28, 1944)
LEAVE OF ABSENCE
516
cases.
even though such employer is engaged Service as witness during terminal
on work under a contract with the Gov- leave period.—See page 517.
ernment, provided the salary in the Closing out leave records.-The
private employment does not constitute agencies will audit leave records at the
a contribution toward Federal salary time an employee leaves the service.
in contravention of the act of March 3, They will retain leave records and at-
1917 (see page 439.01). The dual-com- tendance reports for two years from
pensation statutes do not apply to such date of closing of the leave record
Where, due to an administrative (Form 70 or 70a) or until completion
error resulting from a misunderstand- of pay-roll audit by the General AC-
ing of the requirements of the dual-counting Office, whichever is later (de-
compensation statutes, an employee partmental circular No. 504, October 20,
with annual leave to his credit applied 1944).*
for and was granted leave without pay Computation of amount of terminal
during a period of employment with a leave.—The provision of the act of June
Government contractor, the annual 30, 1906 (34 Stat. 763), which requires
leave may be substituted, retroactively the forfeiture of one day's pay for unau-
effective, for a corresponding period of thorized absence on the 31st day of the
the leave without pay. Where he re- month, is not applicable to employees
signed to accept such employment, he who are separated from the service on
may be paid for accrued annual leave the 30th day of a 31-day month (5
for a period beyond the acceptance of Comp. Gen. 904, May 11, 1926).
such employment (16 Comp. Gen. 776,
Where an employee paid on an annual
February 19, 1937; 20 Comp. Gen. 488, basis for every day of the year, in-
February 27, 1941; 22 Comp. Gen. 178, cluding Sundays and holidays, is grant-
September 3, 1942; 23 Comp. Gen. 305, ed accumulated annual leave ending at
October 23, 1943).
the close of business on a Saturday,
*Additional accumulated leave made or the day preceding a holiday, and
retroactively available by statute.--See | furlough without pay for the purpose
notes on “Retroactive granting of leave", of entering the Women's Army Corps
page 511; "Recrediting of leave made is administratively approved in ad-
retroactively available by statutory in- vance to begin on the next following
crease of the maximum leave accumu-duty day, the employee is entitled to
lation”, page 497; and “Substitution of compensation for the Sunday or holi-
leave with pay for leave without pay", day intervening betweeu the expira-
tion of annual leave and the beginning
page 504.
(December 28, 1914)
516.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
of the period of furlough without pay Substitution of leave with pay for
(22 Comp. Gen. 581, January 1, 1943).
periods of nonpay status.-See notes,
The compensation payable for ter- page 504.
minal annual leave of a per annum em- Payment of overtime on terminal an-
ployee who works part of each calen-nual leave.- Persons who are being paid
dar day, but who is assigned to a shift for accumulated annual leave pending
consisting of 24 hours of continuous
termination are entitled to overtime
duty with a 24-hour rest period between
each of such continuous-duty periods, Pay Act of 1943 on such period of leave
compensation under the War Overtime
may be computed on the basis of con-
if they would have been entitled to such
sidering the employee entitled to 2
overtime had they remained in the serv.
days' compensation for each 24-hour
tour of duty and to 1/24 of 2/360 of his ice (22 Comp. Gen. 810, February 16, ,
1943).
annual salary for each hour of leave
for which he is to be paid (24 Comp. Gen.
Granting of leave other than annual
70, August 5, 1914).
leave.—Under *section 1 of the act of
Special termination leave.--Special December 21, 1944 (see page 483.01),*
termination leave granted to employees an employee is entitled as a matter of
in excess of unused accumulated and right to the unused annual leave stand-
accrued leave to which employees are ing to his credit upon termination of
entitled under the annual leave act of
service. Such lerve may not be denied
March 14, 1936, or Presidential regula-
administratively. The granting of sick
tions issued thereunder, will be regard-
ed as “unaccrued leave advanced” and leave upon termination of service, how-
charged to future accruals of leave ever, is an adıninistrative matter not
earned while employed in another Fed- subject to review or revision by the Gen-
eral agency (16 Comp. Gen. 611, Decem- eral Accounting Office (24 Comp. Gen.
ber 22, 1936).
27, July 17, 1944).
(December 28, 1944)
LEAVE OF ABSENCE
517
An employee who is required by rea- *An employee on leave who is re-
son of ill-health to leave active service quired to testify "on behalf of the United
and resign, which action properly is States in any case involving the activ-
supported by the evidence required by ity in connection with which such per-
section 3.5 of the Leave Regulations,* son is employed" within the meaning of
may be granted all of his accumulated section 850 of the Revised Statutes, as
and current accrued sick #leave* with amended (see page 524), is restored to
out a return to duty, upon the basis of an active duty status when a travel or-
an application therefor filed along with der is issued to him pursuant to which
tender of resignation prior to the ex- he is authorized to be paid traveling ex-
piration of the leave, and the date of penses (decision, Comptroller General,
resignation may be so fixed as to grant September 18, 1944).*
such sick **leave. However, a substi- Granting of leave without pay.-
tution of sick leave for annual leuve The provision of section 4.7 of the An-
under the conditions stated in section nual and Sick Leave Regulations that
3.6 of the regulations should not be ap- leave without pay may be granted to
proved unless and until there is a re-
an employee for a period not exceeding
turn to duty and the employee has filed | 12 months regardless of whether he has
the medical certificate or other evi- leave standing to his credit was not in-
dence requiredt (based on 23 Comp. tended to limit administrative action
Gen. 638, February 29, 1944; 24 Comp. in the granting of leave of absence with-
Gen. 27, July 17, 1944). As to the grant-out pay to a period of 12 months in all
ing or advancing of sick leave, and its crises, but is merely a limitation on the
substitution for leave without pay, in amount of leave without pay that may
cases where the employee dies while on be granted while an employee has an
leave without pay, see pages 502.01, 504, nual leave to his credit.
and 515.
Where an employee has been car-
In the case of an employee who is to ried on the rolls in a leave-without-pay
be separated from the service where status because of extended illness for
only annual leave is applied for, or sick a period of one year or more and has
leave is applied for and denied, and the
no unused annual leave to his credit, it
termination date once is fixed to be ef- is within administrative discretion to
fective without inclusion of the sick grant the employee additional periods
leave,* section 4.2 (0) of the Annual and of leave without pay (23 Comp. Gen.
Sick Leave Regulations prohibits the ex- 789, April 15, 1944).
tension of such fixed date of separation In connection with reemployment pro-
by the granting of sick leave (24 Comp. cedure, however, periods of leave with-
Gen. 27, July 17, 1944). Section 4.2 (b) ont pay in excess of one year are treated
likewise prohibits the extension of the
as separations for certain purposes.
final date of separation by the granting See, for exumple, section 16 of the joint
of court leave. The Comptroller General
has also held (19 Co:np. Gen. 716, Febru- regulations applying to the District of
ary 9, 1940), that there is no requirement Columbia Governnient (page 395.).
that the pay status of the employee be
The granting of leave writ):aut nay dur-
extended in such cases by the granting ing active military service is discussed
of military leave. (This decision refers on page 507; reports to the Commission
to military leave in the strict sense of furloughs and leaves without pay, on
leave granted under the acts set forth page 206; issuance of statements of
under that heading on pages 518 -and availability on furlough or involuntary
519m-and not to the annual leave now leave without pay, on page 193.
granted concurrent with active military Refunds for advanced leave.--Sce
or naval service.)
note on page 503.
(December 28, 1944)
518
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
an
REPLACEMENT OF EMPLOYEES ON LEAVE bent's return from the armed forces and
*As a general rule, only one person restoration to duty in accordance with
may be paid the salary of the same office the provisions of the Selective Training
for the same period. However, section and Service Act or similar legislation
1 of the act of December 21, 1944 (see (based on 4 Comp. Gen. 729, March 3,
page 483.01), vests in civilian officers 1925; 13 Comp. Gen. 170, December 13,
and employees who are separated the 1933; 20 Comp. Gen. 9, July 5, 1940; 20
right to receive payment for their ac-Comp. Gen. 935, June 30, 1941; 24 Comp.
cumulated and current accrued annual Gen. 134, August 17, 1944).*
leave in a lump sum.
An employee's When employee returns from
right to receive this payment is not af- service in the armed forces and claims
fected by the employment of another his former position, the rights of the
person to replace him after he ceases to employee who left a position in the
perform the duties of the office, but prior agency to take that of the person in the
to the expiration of the period covered military service are for administrative
by the accumulated and current accrued determination, subject to the reemploy-
annual leave.
ment rights of the veteran and to re-
An employee may not be retained on duction of force procedures. The Com-
leave without pay from a position after mission suggests the advisability of us-
the same position (as distinguished from ing section 3 (a) of war-service regula-
an additional identical position) has tion IX (see pages 34 and 153.01) when
been filled by the appointment of an- transferring the permanent employees
other person, either on a temporary or to positions vacated by persons entering
on a permanent basis. (An additional the armed forces. This will grant the
identical position may be administra- transferred employee reemployment
tively created and filled, without af- benefits in his permanent position under
fecting the employee's right to be re- such circumstances (letter of Commis-
tained on leave without pay, where sion to Director of Employment Man-
funds are available and the employee's agement, Federal Works Agency, Jan-
position is not a statutory office, but has uary 20, 1944). With respect to the
been administratively created under a salary rate payable, after reduction to
lump-sum appropriation.) The fur- his original position, to an employee who
lough or leave without pay status is not was temporarily promoted or trans-
affected by the appointment of another ferred in order to replace an enployee
person to the same position where it was entering the military service, see note
granted pending the original incum-Ton page 88.01.
MILITARY LEAVE
MEMBERS OF NATIONAL GUARD
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 (39 Stat. 203, June 3, 1916: 32
U. S. C. 1940 ed. 75).
1
(December 28, 1944)
JK 매
​CIVIL SERVICE ACT AND RULES
633
TRANSMITTAL SHEET NO. 28
A 22
January 4, 1945
These sheets should be cut or torn apart along the perforations.
They should then be substituted as shown on the back of this page
for
pages of the loose-leaf edition of the "Civil Service Act and Rules."
The steps in making the insertions are explained on page XX of the
introductory chapter, "How to Use This Book." The date of this trans-
mittal sheet and the date of filing should then be noted on the "Filing
Record" at the front of the book, and this page should be filed im-
mediately behind Transmittal Sheet No. 27.
Pages 501 to 503 have not been reprinted, as the only changes
necessary on them are in references to sections of the Leave Regula-
tions which have been renumbered. Please find these pages in your
and make the following changes:
On page 501, change "4.5" in the paragraph marked by stars in the
right-hand column to "4.4."
On page 503, change all references to section 4.7 of the Leave Regu-
lations to "section 4.6."
When this filing has been completed, and these changes have been
made, pages 1 to 220, 247 to 258.01, 291 to 365, 377 to 503, and 506 to
525 will be up to date as of January 4, 1945.
Remarks
Additions have been made on pages 247, 248, 250, 250.01, 251, 252,
253, 253.01, 254, 254.01, 257, 258, and 495.01.
Deletions have been made as indicated on pages 250, 253, 255–256.
257, 495, 495.02, 495.03, 495.04, 496, 497, 498, 499, and 500.
Changes have been made on pages 79.01-81, 249, 250, 251, 252,
254.01, 255, 257, 258, 258.01, 495, 495.01, 495.02, 495.03, 495.04, 498, and
499.
The additions on pages 252 to 254 consist of material which has
been transferred from pages 79.01, 80, and 81. The notes transferred
are no longer true of appointments under the war-service regulations, in
view of the revocation of the provisions of the war-service regulations
relating to the apportionment, but are still true of appointments under
the civil-service rules. The changes, additions, and deletions on
pages 495 to 500 continue the process of bringing the notes to the Leave
Regulations up to date after the recent changes in basic law and regu-
lations. As stated previously, these changes represent merely an at-
tempt to bring the notes more nearly into accord with the new law and
regulations, and do not represent an official interpretation of the new
law and regulations. Such an interpretation can be made only by the
Comptroller General.
625291 0-45
TRANSMITTAL SHEET NO. 28 (January 4, 1945)
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October 31, 1943
October 26, 1944.
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499.01 ) July 5,
July 5, 1944.
500 January 4, 1945.
Note.—Pages of the October 31, 1943, edition bear no edition date in the
lower outside corner.
UNITED STATLS OF AMERICA
DEPOSITED BY THE
FEB'15
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT 79.01—81
15 of the Veterans' Preference Act of war-service regulations. As to the ap-
1944, page 10.05.
portionment in appointments under the
Restoration to register after resigna- civil-service rules, see pages 252 to
tion.-See section 16 of the Veterans' 251.*
Preference Act of 1944, page 10.05.
Waiving of length-of-service require- DETERMINATION WHETHER AN ELIGIBLE
ment in reappointment.See section 1
IS AVAILABLE
of war-service regulation VIII, page Selection of persons employed, or re-
30.01.
cently employed, in other Federal agen-
Waiving of time limits for reinstate-, cies.-Federal employees may not be
ment.—See section 1(0) of civil-service required to secure the consent of the
rule IX, page 264.
department or agency in which they
Priority in transfer where agency or are employed in order to compete in
function thereof is transferred.–See civil-service examinations. However,
section 12 of the Veterans' Preference the papers of any such applicants
Act of 1947, page 10.04, and section 11 of will be processed as applications for
war-service regulation IX, page 39. transfer. The names of such appli-
cants and of applicants for transfer will
APPORTIOYMENT
be brought to the attention of appointing
*As a result of the amendment of the officials through submission of a list, or
war-service regulations by departmental | through negotiations directly with the
circular No. 193, supplement 6, of De departments concerned, prior to nego-
cember 30, 1944, the apportionment no tiations with their present agencies. In
longer applies to positions under the like manner, the names of persons who
(January 1, 1945)
RULE VI—-RATINGS AND ELIGIBILITY
247
themselves will be governed by the gen- Restoration to register after dishon-
eral rules and regulations fixing rela-orable discharge from armed forces.
tive standing; i. e., those entitled to See notes on page 54.
10-point preference will be placed ahead Extension of eligibility of medical-
of all others, etc
officer eligibles.--Objections made by
8. Transfer of eligibility. The gen. | the Veterans' Administration or by any
eral regulations governing transfer of other agency to the appointment to
eligibility, from a departmental register medical officer positions of any grade, of
to a field register, and vice versa, will eligibles who will be called to active
be applicable in the case of any person military duty within 30 days after ap-
whose eligibility is restored to any reg- pointment, will be sustained. In such
ister in accordance with these regula- cases, the eligibility of the individual
tions, but in no case shall such transfer will be suspended, but will later be
extend the period of eligibility to which extended, in addition to any extension
such person is entitled under these required because of the time actually
regulations.
spent in the military or naval service,
for a period equivalent in duration to
9. Charging of consideration.--No
that during which the eligibility is
consideration shall be charged against suspended (Commission's minute 3 of
any eligible during the time which he is December 9, 1940).
serving with the armed forces of the
Restoration to register after service in
United States, and no consideration First World War.–For comparison with
shall be charged against any eligible the present provisions as to restoration
who was not selected or who declined to the register after service in the
appointment because he was about to armed forces, the act of March 1, 1919
enter the armed forces of the United (40 Stat. 1224; 5 U. S. C. 1940 ed. 645),
States.
which governed restoration to registers
10. Unclassified laborer registers.- after service in the First World War, is
These regulations shall be applicable to printed below:
unclassified laborer registers and eligi- “The period of time (luring which sol-
bles.
diers, sailors, and marines, both enlisted
11. Reemployment List and Replace and drafted men, who, prior to entering
ment List.-- Paragraphs 1, 2, and 3 of the service of their country, had a civil-
these regulations shall apply to eligibil- service status, and whose names appear
ity on the Reemployment List estab
upon the eligible list of the Civil Service
lished under Executive Order No. 5924
Commission, [sic] shall not be counted
of September 20, 1932, and the Emer. against them in the determination of
their eligibility for appointment wider
gency Replacement List established
under Executive Order No. 8458 of June Civil Service Commission now in effect,
the law; rules, and regulations of the
27, 1940. In cases of restoration to the and at the time of demobilization their
Reemployment List and the Emergency civil-service status shall be the same as
Replacement List, the period of extended when they entered the service."
eligibility shall be equal to the unex- The Commission held in minute 1 of
pired portion of eligibility at the time November 14, 1931, that failure to take
of entering the armed forces (depart-advantage of the right of restoration to
mental circular No. 438, October 22, the register under the act of March 1,
1943 ; departmental circular No. 254, re-1919, after demobilization, hospitaliza-
vised, November 29, 1941).”
tion, or vocational training, results in
the loss of eligibility, and that the fact
* The present war-reemployment list has
that an eligible was selected for appoint-
been established under authority of war-
ment, but had to decline on account of
service regulation XIV (page 41.01).
procedures and policies governing operation military service, did not give him the
of this list are set forth on pages 126 to
right of reinstatement, since no service
was rendered.
The
129.*
(January 1, 1945)
RULE VII-CERTIFICATION
248
RULE VII
CERTIFICATION
[Superseded by the war-service regulations (see page 21) as to positions subject
to those regulations]
1. Method of filling vacancies.-All vacancies in any position or em-
ployment not excepted from examination shall be filled as hereinafter
provided : (a) By transfer upon requisition to and certificate of the
Commission, of any employee employed anywhere in the service hold-
ing a position in the same class of the same grade, or otherwise eli-
gible for such transfer under rule X; (b) by reinstatement upon
requisition to and certificate of the Commission under rule IX or by
certificate without requisition under section 4 of rule XII in the dis-
cretion of the Commission; (c) by competitive promotion upon requi-
sition to and certificate by the Commission from a competitive
promotion register of eligibles in the department or establishment
where the vacancy exists, or if there are no such eligibles, then from
such a register of eligibles in other departments or establishments
having the same status in the service, such certification to be in the
order of standing on such eligible register unless the Commission shall
determine that a selective certification is necessary pursuant to the
rules; (d) by noncompetitive promotion upon requisition to and
certificate of the Commission following noncompetitive examination
when competitive promotion examinations are not held; (e) by trans-
fer from a lower to a higher position of any employee eligible for
such transfer upon requisition to and certificate of the Commission
following examination; and (f) from open competitive eligible
registers upon requisition to and certificate by the Commission.»
2. Method of certification.2-Certification for original appointment
and competitive promotion shall be made as follows:
(a) Certification.-The nominating or appointing officer shall re-
quest the certification of eligibles, and the Commission shall certify,
from the head of the appropriate register of eligibles, a number of
persons sufficient to permit the nominating or appointing officer to
consider three persons in connection with each vacancy. When so
Is to priority viven the reemployment list over open competitive registers, see section
15 of the Veterans' Preference Act of 1944, page 10.05. As to restrictions on filling
vacancies where the functions of an agency are transferred or the agency has been replaced,
see section 12 of that act. As to certification of preference employees who have resigned,
or been dismissed or furlougheri, see section 13 of the act.*
Reemployment list.---See Executive Order No. 5924, September 20, 1932, and regulations,
page 124.
Separate lists of eligible Government employees.-See section 1 of rule VI.
Promotion registers.—See section 2 of rule VII and section 2 of rule XI.
*? Cf. provisions of the Veterans' Preference Act of 1944. pages 10 to 10.06, particularly
Section 8 thereof.*
(January 4, 1945)
249 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
provided by regulation of the Commission, selection shall be made
from the register by the nominating or appointing officer without
preliminary certification of the Commission. Where the Commission
finds that there is no register in existence appropriate as a whole to
fill a particular existing vacancy, the Commission in its discretion
may certify selectively from the most nearly appropriate existing
register, in the order of their ranking, the names of any individuals
thereon found by it to be adequately qualified to fulfill the particular
requirements of the vacant position. Certification of an eligible for
temporary appointment shall not affect his eligibility for certifica-
tion for probational appointment. Certification shall be made with-
(ut regard to sex unless the sex desired is specified in the original
requisition.
(6) Selections.—The nominating or appointing officer shall make
selections for the first vacancy from not more than the highest
three persons certified, or on the register, with sole reference to merit
and fitness, unless objection shall be made and sustained by the Com-
mission to one or more of the persons certified, for
any
of the reasons
stated in Rule V, section 3, or in the case of positions in Federal
agencies concerned in preparedness and the national-defense pro-
gram, for such other reasons as may be approved by the Com-
mission. For the second vacancy the nominating or appointing
officer shall make selection from not more than the highest three
remaining who have not been within his reach for three separate
vacancies, or against whom objection has not been made and sus-
tained in the manner indicated. The third and any additional va-
cancies shall be filled in like manner. More than one selection may
be made from the three persons next in order for appointment, or
from two persons if the register contains the names of only two, sub-
ject to the requirements of section 3 of this rule as to the
apportionment.
An appointing officer who passes over an eligible veteran and
selects a nonveteran shall file with the Civil Service Commission at
statement setting forth in detail his reasons for so doing, which
reasons shall not be made available to the veteran or to anyone else
except in the discretion of the appointing officer. The Commission
shall review these reasons and in every instance where they are not
*
*
: As amended by Executive Order No. 8300, December 12, 1939, Executive Order No. 8423,
May 28, 1940, and Executive Order No. 8587, November 7, 1940. It was held in the case of
Borak v. Biddle (141 F. (20) 278) that all regulations issued under authority of Executive
Order No. 8587 must be published in the Federal Register.
* Section 8 of the Veterans' Preference Act of 1944 (see page 10.0:3) now requires that
the reasons "shall be made available upon request to the veteran or his designated
representative."*
(January 4, 1945)
RULE VII- CERTIFICATION
250
?
6
regarded as adequate shall so advise the head of the appropriate
department or independent establishment for his consideration.5
Any eligible who has been within reach for three separate vacancies
in his turn may be subsequently selected, subject to the approval of
the Commission, from the certificate on which his name last ap-
peared, if the condition of the register has not so changed as to
place him in other respects beyond reach of certification.
(c) Probationary appointment.—A person selected for appointment
shall be duly notified by the appointing officer and upon accepting
and reporting for duty shall receive from such officer a certificate
of probational appointment. The first six months of service under
this appointment shall be a probationary period, but the Commis-
sion and the department concerned may by regulation fix a longer
probationary period for any specified positions. If and when, after
a full and fair trial, the conduct or capacity of the probationer is
not satisfactory to the appointing officer, the probationer may at
any time thereafter during this period be so notified in writing,
with a full statement of reasons, and this notice shall terminate
his service. Efficiency-rating reports of all probationers shall be
filed periodically within the department at such times and in such
form as the regulations of the Commission shall provide. If at the
end of the probationary period the probationer's service rating has
been satisfactory, to the extent required by regulation, a certificate
to that effect filed within the department and his retention in the
service shall confirm his absolute appointment. If, however, his
service rating has been unsatisfactory a's so provided, his service
shall be terminated at the end of the probationary period.”
** As amended by Executive Order No. 8587, November 7, 1940. It was held in the case
of Borak v. Biddle (141 F. (20) 278) that all regulations issued under authority of this
order must be published in the Federal Register.
A statutory procedure with respect to the furnishing of reasons where veterans are
passed over is now provided by section 8 of the Veterans' Preference Act, quoted on page
10.03. The statute requires, among other things, that “the findings of the Civil Service
Commission as to the suficiency or insufficiency of such reasons shall be transmitted to and
considered by such appointing officer, and a copy thereof shall be sent to the veteran
eligible or to his designated representative iipon request therefor."
"As amended by Executive Order No. 8587, Noveniber 7, 1940. It was held in the case of
Borak v. Biddle (141 F. (20) 278) that all regulations issued under authority of this order
must be published in the Federal Register.
? A list of positions for which the probation is in excess of six months was published
in the Federal Register for April 19, 1944 (9 F. R. 4127).*
*
*
*
*
*
** For these regulations, see Civil Service Commission Fornis 3823 (as amended by
departmental circulars No. 474, March 14, 1944, and 486, June 6, 1944) and 3823A and
departmental circular No. 458 of December 23, 1943.*
" As amended by Executive Order No. 8587, November 7, 1940. *It was held in the case
of Borak v. Biddle (141 F. (20) 278) that all regulations issued under authority of this
order must be published in the Federal Register.
The provisions of the rule as to probationary appointment are based on section 2, clause 2,
paragraph 3 of the Civil Service Act. As to the effect of neglect by the department to
take action at the close of the probutionary period, see note on page 260.*
(January 4, 1945)
250.01
EGULATIONS,
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
A probationer separated from the service without delinquency or
misconduct may be restored to the register of eligibles in the dis-
cretion of the Commission for the remainder of any period of
eligibility thereon.10
3. Apportionment.11.–Certification for appointment in the depart-
ments or independent offices at Washington 12 shall be so made as to
maintain, as nearly as the conditions of good administration warrant,
the apportionment of appointments among the several States and
Territories 13 and the District of Columbia upon the basis of popula-
tion, but eligibles who have been granted military preference shall be
certified without regard to apportionment,14 and the appointments of
In As amended by Executive Order No. 8587, November 7, 1940. *It was held in the
(ase of Borak v. Biddle (141 F. (20) 278) that all regulations issued under authority of
this order must be published in the Federal Register.*
11 Based on section 2, clause 2, paragraph 3, of the Civil Service Act. For additional
notes on apportionment, see page 252.
12 The Commission has held that the apportionment requirements apply to positions in
the Administrative Office of the United States Courts (Commission's minute 5 of January
26, 1940), *but not to positions in the District of Columbia Employment Center (Com-
mission's minute 3 of August 26, 1942), nort to positions in the District of Columbia
Unemployment Compensation Board (Commission's minute 2 of December 11, 1940).
13 The Virgin Islands are within the purview of the law of apportionment (Commission's
minute 2 of May 15, 1939).
*14 This exception has now been made a matter of statute law by section 6 of the
Veterans' Preference Act of 1947. (See page 10.02.) *
.
(January 4, 1945)
RULE VII–CERTIFICATION
251
persons covered into the classified service by Executive order or other-
wise, or exempted from the restrictions of the quota provision in cer-
tification, shall be excluded from the apportionment figures: 15 Pro-
vided, That appointments to the following positions shall not be so
apportioned : 16
(a) In all departments and offices: Apprentice, electric lineman,
electric wireman, engraver, gardener, helper (if approved by the Com-
mission), skilled laborer (female), student, telephone operator, and
mechanical trades and allied positions of the noneducational class
incumbents of which are retirable at not over 65 years of age.
(6) In the Government Printing Office, mail equipment shops (now
field), local offices in the District of Columbia, field service of the
military staff departments, and at Army headquarters: All positions.
(c) In the Bureau of Engraving and Printing : Plate printer and
skilled helper.
4. District certification. The Commission may arrange the territory
of the United States into appropriate districts ?? for the purpose of
certification to positions in parts of the service not subject to appor-
tionment, and certification to any such position may be confined to
residents of the district in which such position is located.
NOTES ON RULE VII
Civil-service rule VII has been su- ice indefinite appointment. This state-
perseded by the war-service regula- ment as to the applicability of the notes
tions so far as positions subject to those on pages 72 to 75 does not necessarily
regulations are concerned. ** The apply to the cross-references contained
notes below have been retained for their in those notes, and it does not apply to
rise ** in cases where determina- the note on "Replacement of persons
tion as to the possession of a classified originally appointed under section 2 of
status by an employee is necessary. rule VIII”, page 75.*
Certification of ineligibles.-When-
CERTIFICATION
ever an examination has been duly an-
*In view of the changes in certifica- nounced and no eligible is secured to fill
tion procedure made by the Veterans' a vacant position, the Commission may,
Preference Act of 1944 (see page 10), the in its discretion, certify for appointinent
notes as to 'filling requisitions for per- the competitor or competitors who re-
sonnel under the war-service regulationsceived the highest ratings in the exami-
on pages 72 to 75 are now also applica- nation, and the appointing officer shall
ble to appointments under civil-service make selection from such certification if
rule VII, except that the authority will he deems it advisable to fill the vacant
be issued under the rule rather than position before awaiting the result of
the regulations, and certification will another examination (Executive Order
be for probational rather than war-serv- No. 458, June 13, 1906).
16 Section 2 () of the Ramspeck Act (see page 329) requires that "the appoint-
ment of any person occupying any position covered into the apportioned civil service in
the District of Columbia under the provisions of section 1 of this act shall be charged
to the apportionment of his State."*
10 l'or notes on exceptions from the apportionment, see page 252.
17 With respect to these districts (now called “regionx"), see notes on page 17.
(January 4, 1945)
252 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
Correction of erroneous certification.- | requirement appears as part of section 3
See notes on page 87.
of rule VII, page 251. The Commission
Certification for position requiring has held that the following positions,
character investigation.-If all eligibles among others, are not subject to the ap-
on a register for a position requiring portionment requirement: All helpers in
character investigation by the Commis- mechanical trades requiring apprentice-
sion have been certified for appointment ship (Commission's minute 4 of March
and it becomes necessary to fill addi- 24, 1921); all laborer positions (depart-
tional vacancies in such positions by the mental circular No. 395, December 3,
certification of eligibles who have not 1942); positions in the office of instruc-
been investignted, a certificate will be tion of young officers in marine engi-
issued for probational appointment sub-neering with salaries not paid from the
ject to the appointee qualifying in the regular appropriation for the Navy De-
character investigation (Commission's
partment (Commission's minute 2 of
minute 3 of January 29, 1934).
July 16, 1906); motortruck driver, Gov-
Physical requirements. *See page ernment fuel yards (Commission's min-
74.*
ute 5 of March 26, 1921); positions in
Local eligibility of persons employed the National Zoological Park (Commis-
in the Government service at Washing- sion's minute 4 of October 7, 1903);
ton, D. C.--*See note on page 74.*
positions in the Space Basis Section, Of-
Use of central-office registers for field fice of the Solicitor, Post Office Depart-
positions during the present war.--*Seement (Commission's minute 1 of June
note on page 74, which is also applicable 12, 1936).
to positions under the civil-service
*The apportionment does not apply
rules.*
to positions in the District of Columbia
Local certification due to housing con- Employment Center (Commission's
ditions.— Regional directors have been minute 3 of August 26, 1942), nor to
authorized, when necessary because of positions in the District of Columbia
housing conditions, to give preference in
Unemployment Compensation Board
certification for probational appointment (Commission's minute 2 of December
to eligibles residing within commuting
11, 1940).
distance from the place of employment,
Positions in the Administrative Office
notwithstanding the fact that registers of the United States Courts.—The ap-
were set up on a State- or region-wide
portionment requirements apply to po-
basis for certification purposes. Infor-
sitions in the Administrative Office of
mation setting forth the housing situa-
the United States Courts (Commission's
tion, which forms the basis for the ac-
minute 5 of January 26, 1940).
tion taken under this authority, should
Residents of the Virgin Islands. The
be made a matter of record in the re-
Virgin Islands are within the purview
gional office in each case (action of
of the law of apportionment (Commis-
Commission, August 23, 1940).
sion's minute 2 of May 15, 1939).*
APPORTIONMENT AND RESIDENCE
Applicability of the apportionment to
Exceptions from the apportionment actions other than original appoint-
requirement.-A list of positions which ment. The apportionment does not ap-
are excepted from the apportionment | ply to classifications under section 6 of
(January 4, 1945)
RULE VII-CERTIFICATION
253
a
rule II (Commission's minute 1 of Feb- to the apportionment requirement of
ruary 5, 1937), or to classifications un- the Civil Service Act, it is a very differ-
der section 2 (b) of the Ramspeck Act, ent thing to say that an appointment
which relates to the reinstatement and made in disregard of this rule of ap
classification of former clerical employ- portionment through a mere inadvert-
ees of the legislative branch (Commis- ence is to fail entirely and be treated
sion's minute 4 of August 14, 1941). as a pullity. Congress did not intend
Other classifications under the Ram- that where everything was done in good
speck Act are required to be charged to faith, an inadvertent disregard of the
the apportionment by section 2 (a) of rule of apportionment in making an ap-
the act.
pointment should annul that appoint-
*
ment. The statute is directory only in
As to the applicability of the appor- the above particular (20 Op. Atty. Gen.
tionment to reinstatement, see page 274; 274, December 10, 1891). (See also note
to promotion, see section 2 of rule XI, on "Appointment through erroneous
page 281; to transfer, see page 277. certification," page 86.04.)
Apportionment waived for veterans.--
Certification of
person already
Preference eligibles are not subject to charged.—The apportionment require-
the provisions of the Civil Service Actment will not be applied in cases where
concerning the apportionment of ap- an employee in the apportioned service
pointments in the departments at Wash- through certification by the Commission
ington among the several States and qualifies in an open competitive exami-
Territories according to population (28 nation for any other position in the ap-
Op. Atty. Gen. 298, May 12, 1910), but portioned service (Commission's min-
they cannot be certified for appointment ute 2 of May 7, 1921). (See also note on
to apportioned positions until they have "Legal residence of Government em-
furnished the evidence of residence re-ployee," page 251.)*
quired by statute. Cf. section 6 of the *Charging appointments to the ap-
Veterans' Preference Act of 1944 (page portionment. Apportionment figures
10.02).
will be maintained only with respect to
Effect of decentralization upon appli- permanent classified appointments in
cation of the apportionment provision.-
the apportionel departmental service.
The Comptroller General held in a de- | Classifications under the Ramspeck Act
cision of January 8, 1942 (21 ('omp. and related orders (other than classi-
Gen. 649), that a central office of an
fications and transfers under section
agency continues to be in the depart 2 (b) of the Ramspeck Act, which will
mental service even when it is located not be charged to the apportionment)
outside the District of Columbia. AC will continue to be charged to the re-
cordingly, the central office of a Gov- spective States on the basis of the pro-
ernment department or establishuent visions of section 3 of civil-service rule
which is subject to the apportioninent VII in effect on January 1, 1942 (see
provisions of the Civil Service Act and page 250), and the separation of em-
rules continues to remain subject to
ployees who are charged
charged will be
such apportionment provisions upon its creclited. War-service appointments will
transfer outside the physical limits of not be charged to the quotas of any
the District of Columbia (departmental States, and no statistics regarding the
circular No. 315, February 7, 1942). apportionment of war-service appoint-
*Effect of inadvertent disregard of ments will be maintained (Commis-
the apportionment.--While it is the un- sion's minute 4 of August 14, 1941,
doubted duty of the executive branch minute 2 of April 25, 1942, and minute
of the Government to give proper effect 17 of August 29, 1942).
(January 4, 1945)
253.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
The appointments of persons granted mental service in the District of Colum-
veteran preference will not be charged, bia shall be accompanied by a certificate
whether the appointment was made of an officer, with his official seal at-
under the civil-service rules or under tached, of the county and State of which
the war-service regulations (Commis- the applicant claims to be a citizen, that
sion's minute 2 of March 18, 19:2).* such applicant was, at the time of mak-
Proof of residence.-Section 2 of the ing such application, a legal or voting
Civil Service Act (22 Stat. 403, January resident of said county, and had been
16, 1883; 5 U. S. C. 1940 ed, 633) pro- such resident for a period of not less
vides in part as follows:
than 1 year next preceding, but this
“Every application for an examination provision shall not apply to persons who
shall contain, among other things, a may be in the service with civil-service
statement, under oath, setting forth his status and seek promotion or appoint-
or her actual bona fide residence at the ment in other branches of the Govern-
time of making the application, as well ment."
as how long he or she has been a lesi- The provisions of the act of July 11,
dent of such place.”
1890, as amended, apply only to exami-
The act of July 11, 1890 (26 Star. | nations for the apportioned service of
235; 5 U. S. C. 1910 ell. 643), as amended the Government at Washington, D. C.
by the act of May 15, 1937 (50 Stat. (Commission's minute 1 of April 25,
168), provides as follows:
1935).
“Hereafter every application for ex- When the applicant lives in a large
amination before the Civil Service Com- city which has outgrown its original
mission for appointment in the depart-1 county, the county officer's certificate
(January 4, 1945)
RULE VII--CERTIFICATION
254
will be acceptel, regardless of county, , lived, his purpose for moving from place
if executed by any appropriate officer to place, his intentions with regard to
in the city (Commission's minute 3 of his domicile as shown by his acts and
June 8, 1931).
declarations, and his economic, civic,
Authority under the act of June 26, ani domestic activities.
1943, to adininister oaths required in *Legal residence of Government em-
connection with Federal employment, ployees.—The legal residence of a Gov-
does not include authority to execute ernment employee at the time he en-
the officer's certificate of residence (de-tered the Government service is pre-
partmental circular No. 144, November sumed to continue during his tenure of
5, 1943).
Government office in the absence of
Under the act of May 15, 1937, if the clear evidence that he has intentionally
applicant claims to be a roter in a State changed it since his appointment to the
or Territory and a county officer's cer- service. His absence from the State of
tificate of residence is properly exe- his legal residence while serving in a
cuted, and if there is nothing otherwise Government position does not constitute
in the application to cast doubt upon an abandonment of his legal residence
the legitimacy of these claims, the ap- in the State from which he was ap-
plicant's claim to voting residence may pointed! (Commission's minute 1 of
be accepted without question. In any August 5, 1937). However, whenever an
case, however, where the applicant's employee in an apportioned position files
claim to voting residence in a state or application for an examination for the
Territory appears inconsistent with the apportioned service and claims a differ-
circumstances of his actual residence, ent legal residence than the State to
the Commission may, in its discretion, which his original appointment was
require the applicant to submit evidence charged, his name will be entered on
in support of his claim to voting resi- the eligible register and be considered
dence in the State, such evidence to be for regular certification under the ap-
in the form of a statement or certificate portioned procedure as a resident of
of an election officer, registration officer, the present State of residence (Com-
or any other qualified State or county mission's minute 3 of December 11,
official stating that the applicant is a 1940).
voting resident of the State claimed
Residence of minor children. А
and has been such a voting resident minor child, unless legally emancipated,
during the 1-year period next preceding necessarily takes the legal residence of
his application. If an applicant fails his father; if the father is deceased.
to establish a voting residence in any
the minor's residence by legal construc-
State, he will, under the provisions tion becomes that of his mother, as it
of the act of May 15, 1937, be called also does if there has been a divorce
upon to establish legal residence in the and the custody of the minor has been
State claimed for the period of one year attains the age of majority, the legal
awarded to the mother. When a minor
next preceding his application before residence attaching to him during his
he can be assigned eligibility for ap- minority is presumed to continúe unless
pointment to the apportioned service. and until it is abandoned by his acts,
"Legal residence" as used in the act of declarations, or intentions. In no case
May 15, 1937, connotes "domicile" under is the voting residence of a parent sup-
the common law
(Commis- plied to an infant by operation of law
sion's minute 1 of August 5, 1937). (Commission's minute 1 of August 5,
Among the elements considered by the 1937). See also 37 Op. Atty. Gen. 448,
Commission in determining an appli- February 19, 1934, and the Opinion of
cant's domicile, as stated in this minute, the Court of Appeals of the District of
are the various places in which he has | Columbia in the case of Deming et al. v.
(January 4, 1945)
254.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
***
U. S. es rel. Ward, 37 F. (20) 818
SELECTION
("Ward case").
*The notes on "Selection aiid Appoint-
Age of reaching majority.
ment”, pages 83 to 89, are, in general,
For the purpose of administration of
applicable to appointments under the
the civil-service laws, both men and
civil-service rules as well as the war-
women under the age of 21 will be re-
service regulations, except that the au-
garded as on the same plane and not as thority for the appointment will be the
having reached their majority” (Com-civil-service rules rather than the war-
mission's minute 5 of August 4, 1930). service regulations, and certification will
Residence of married women. --- AC-
be for probational rather than war-
cording to some State laws, married service appointment. This statement as
women may vote in States other than
to the applicability of the notes on pages
the States in which their husbands 85 to 89 does not necessarily apply to
vote. Hence, a married woman may
the cross-references contained in those
establish a voting residence in a State notes. The note on "Authorization of
other than that established by her
original noncompetitive appointment",
husband. However, the legal residence page 86, does not apply to appointments
of a married woman will be determined under the civil-service rules. In con-
to be the same as the legal residence of nection with the note on “Responsibil-
her husband where there has been no ity of appointing officer", pages 87 to
severance of the marital relationship. 88, it may be pointed out that in many
A married woman who has a voting resi: 88, it may be pointed out that in many
cases where the primary responsibility
dence in a State other than the legal for enforcing provisions of law or regu-
residence of her husband may exercise
lation rests with the appointing officer
an election in establishing residence in
where appointments are made under
applications for appointment to the ap- the war-service regulations, such pri-
portioned service. In no case may the
mary responsibility rests with the Com-
voting residence of a husband be sup- mission where appointments are made
plied to his wife by operation of law under the civil-service rules. This fact
(Commission's minute 1 of August 5, does not, however, relieve the appoint-
1937).*
ing officer from responsibility for exer-
Proof of residence under the Ramspeck
Act.-The appointment through classi- cising due care to avoid making an ap-
fication of any person whose position is pointment which would be in violation
brought into the classified service by the of law or regulation.*
Ramspeck Act may be charged to the
Appointing officers' communications
State, Territory, or District of Columbia with eligibles. See page 84.
in which the person proves legal or vot-
Credit reports.-*See page 86.04.*
ing residence, without regard to the Determination whether appointee is
length of such residence (Commission's receiving an annuity from the Govern-
minute 4 of August 7, 1941).
ment.--*See page 86.03.*
:
(January 4, 1945)
RULE VII--CERTIFICATION
255-256
Right of choice.-*See page 85.* ject to the rules as distinguished from
Appointment through erroneous certi- | the war-service regulations, prior to the
fication.-An irregularity in the certifi- certification of the eligible. Cívil Serv-
cation of the name of an eligible for ice Commission Form 1769 is used, where
appointment under the civil service is necessary, for the purpose of securing
cured by the probational and absolute an affidavit from the eligible as to his
appointment of such a person (21 Op. family status.
Atty. Gen. 289, January 9, 1896).
An applicant may be appointed to a
See also notes under this heading on permanent position in the classified serr-
page 86.04, which are applicable to ap-ice, even though subject to the civil-
pointments under the civil-service rules service rules as distinguished from the
as well as to those under the war-service war-service regulations, if one member
regulations.
of his family is serving permanently, and
Revocation of a selection.--The head the other temporarily, in the classified
of a department has no authority to service (Commission's minute 7 of Sep
withdraw his notice to the Civil Service tember 7, 1932, as amended by minute
Commission of his revocation of a se- | 6 of December 26, 1941).
lection for appointment and appoint the
same party previously certified without DOCUMENTS REQUIRED IN CONNECTION
further certification from the Commis- WITH PROBATIONAL APPOINTMENT
sion (20 Op. Atty. Gen. 64, April 8, 1891).
The following forms must be submit-
Release from private employment.-
ted to the Commission in connection
See notes on page 82.
with all probational appointments under
*Objections to eligibles.-See page the civil-service rules :
86.02.*
(a) Form 2413 (Certificate of Medi-
cal Examination);
Members of family restriction.-The
(b) Standard Form 61 (Oath of Of-
notes on "Members of Family Restric-
fice, Personnel Affidavit, and Declara-
tion" on page 99 are, in general, appli-
tion of Appointee).
cable to appointments under the civil-
* * *
service rules as well as to those under
the war-service regulations. In ap-
In addition, Civil Service Commis-
pointinents under the civil-service rules, sion Form 12 (Certificate of Legal Resi-
however, the responsibility for determin- dence) must be submitted wherever ap-
ing whether the appointment of an in-pointment was made subject to proof
dividual would violate the members-of- of legal residence. Probational status
family provision of section 9 of the cannot be conferred upon appointees un-
Civil Service Act rests in all cases upon
til all appointment forms have been
the Civil Service Commission, rather received by the Commission (depart-
than the appointing officer. The deter- mental circular No. 392, November 21,
mination is usually made, in cases sub-1 1942).
(January 4, 1945).
257 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
* "
*Offers of appointment.--Section Service Commission in all such cases, as
2 (c) of civil-service rule VII provides the Commission has retained, in the case
in part is follows:
of appointments under the civil-service
“A person selected for appointment rules, certain responsibilities which it
shall be duly notified by the appointing has delegated to appointing officers in
officer
the case of appointments under the war-
In giving such notice, the appointing service regulations (departmental circu-
officer should follow the procedure set lar No. 409, February 17, 1943). In
forth in the note on “Offers of appoint- other respects, the note on "Declaration
ment”, page 101.*
of appointee" (page 104.02) is applica-
Fingerprint charts.-See notes
on ble to appointments under the civil-
"Fingerprint charts” on page 102, which service rules as well as to appointments
are applicable to appointments under under the war-service regulations.
the civil-service rules as well as to those
Medical certificates.-In appointments
under the war-service regulations.
under the civil-service rules. (as dis-
* * * * *
tinguished from the war-service regula-
Standard Form 61.-The nature and
purpose of Standard Form 61 is set forth tions), the medical certificate (Civil
Service Commission Form 2413) must
in the note on “Declaration of Ap-
pointee” (page 104.02). The declara-
be submitted by the appointing officer
to the Commission.
tion-of-appointee portion of Standard
Form 61 must be executed in all cases
*As to liability for payment of the
where appointments are made under the cost of physical examinations, see page
civil-service rules as distinguished from 104.*
the War-service regulations, whether a During the national-lefense ener-
regular civil-service application form is gency, medical certificates from any
available or not. A copy of Standard duly licensed doctor of medicine, li-
Form 61 must be submitted to the Civil | censed to practice under the laws of
(January 4, 1945)
RULE VII-CERTIFICATION
258
the several States, the District of Co- ment of recovered disability annuitants
lumbia, and the Territories and posses- under civil-service rule IX, see notes on
sions of the United States, will be ac- page 267.
cepted in lieu of the requirement that *X-ray examination. See
page
medical certificates be executed exclu- 104.01.*
sively by designated medica officers Statement of reasons for passing over
(Commission's minute 2 of March 24, veteran eligible.—See notes on page
1941). This minute applies to the exe-86.01, which are applicable to appoint-
cution of certificates required jn original ments under the civil-service rules as
appointments under competitive exami- well as to those under the war-service
nations and to those required in noncom- regulations.
petitive cases, such as reinstatements, Proof of date of birth. See notes on
transfers, classifications, or changes in page 105, which are applicable to appoint-
status (departmental circular No. 240, ments under the civil-service rules as
supplement 3, April 18, 1941).
well as to those under the war-service
To be acceptable in original appoint- regulations.
nients or reinstatements under the civil-
Proof of completion of college
service rules (as distinguished from the courses.-See notes on page 105, which
War-service regulations), medical cer-
are applicable to appointments under
tificates must be filed with the Commis- the civil-service rules as well as to those
sion within 60 days after the date of under the war-service regulations.
physical examination. In the case of Oath of office.--See statute and notes
original appointments to rural-carrier
on page 105.
positions, they will be accepted up to
Affidavit as to nonadvocation of sub-
120 days from the date of execution
versive activities. See statute ana
(Commission's minute 5 of April 26, notes on page 107.
1926; minute 2 of February 28, 1935;
minute 3 of February 7, 1939; minute 3
PROBATION
of November 22, 1940; departmental cir-
cular No. 184, March 22, 1939). If, in
Effective date of change in length of
reviewing examination papers, an ap- probationary period. For appointments
pointing officer finds a certificate of made between January 16, 1940, and
medical examination on Civil Service November 6, 1940, both dates inclu-
Commission Form 2413 executed 60 days sive, the probationary period will be
prior to the receipt of the certificate of regarded as having been completed on
eligibles, it should be used if the eli- January 15, 1941, or upon the coñple-
gible is selected (departmental circu- tion of six months of service, which-
lar No. 309, January 15, 1942).
ever is later, unless the probation for
When an appointing officer has se-
the position is fixed for a longer pe-
cured the execution of Civil Service riod by regulation adopted by the Com-
Commission Form - 2413 by an eligible mission and the employing agency he-
in connection with considering him for tween November 7, 1940, and January
an appointment under the civil service 15, 1941, inclusive (departmental circu-
rules he should forward it to the Com- lar No. 176, supp. 1, December 16, 1940,
mission, and not leturn it to the eli- and supp. 3, January 25, 1941).
gible, whether the eligible is appointed
*Positions for which probationary pe-
or not (departmental circular No. 309, riod exceeds 6 months.—Section 2 (C) of
January 15, 1942; departmental circu-civil-service rule VII, as amended by Ex-
lar No. 320, February 18, 1942).
erutive Order No. 8787 of November 7,
As to the submission of medical certi- 1940, provides that "the first six months
ficates in connection with the reinstate- of service under this appointment shall
.
(January 4, 1945)
258.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
be a probationary period, but the Com- | District of Columbia held that the mere
mission and the department concerned entry on the minutes of the Commission
may by regulation fix a longer proba- of a regulation purporting to extend the
tionary period for any specified posi- probationary period for a particular po-
tions." All regulations issued under sition to one year, without publication
authority of Executive Order No. 8587 in the Federal Register or actual 10-
are required to be published in the tice to the probationer prior to his sepa-
Federal Register (6 Fed. Reg. 4398, ration, was inoperative.
+409). The effect of failure to publish The latest list of positions for which
in the Federal Register a regulation the probation is in excess of six months
extending the probationary period was was published in the Federal Register
at issue in the case of Borak v. Biddle for April 19, 1944 (9 F. R. 4127). Au
(141 F. (20) 278), which involved the earlier list was published on pages 291
separation, without observance of the to 296 of the November 30, 1941, edition
procedure specified by section 1 of rule of the Act and Rules.*
XII, of an employee who had served Railway Mail Service. The proba-
more than six months under a probationary period of substitute railway
tionary appointment. In that case the postal clerks is one year (Commission's
United States Court of Appeals for the 1 minute 6 of March 15, 1922, based upon
(January 4, 1945)
LEAVE OF ABSENCE
495
ACCRUAL AND CREDITING OF LEAVE credit.—The keeping of records of em-
Date on which leave may be cred- ployees' accrued annual and sick leave
ited.-Sick leave of absence is not is an administrative duty and respon-
granted by the act of March 14, 1936, sibility, and, therefore, the administra-
49 Stat. 1162, on a yearly basis, but on
tive determination as to the amount of
a monthly basis. The monthly accrual annual and sick leave an employee has
of one and one-quarter days becomes
to his credit ordinarily will not be ques-
available to the employee at any time on
tioned by the General Accounting Office
or after the first day of the month. The (22 Comp. Gen. 348, October 14, 1942).
setting up of 15 days' sick leave credit Reestablishment of lost leave rec-
at the beginning of the leave year for ords.—No objection will be made to the
use as needed is not authorized (15 acceptance by the War Department of
Comp. Gen. 866, March 27, 1936; 15 the sworn statement of any employee
Comp. Gen. 1058, June 4, 1936).
as to the amount of leave previously
The monthly credit of 2 days' annual | taken by him, for the purpose of re-
leave may be allowed to permanent em-establishing his service and leave rec-
ployees during their first year of service ords which have apparently been lost
at the beginning of the month in which as a result of enemy action (22 Comp.
it accrues. However, it is within ad-Gen. 348, October 14, 1942).
ministrative discretion to deny such em- Methods of accounting for leave.-
ployees the monthly credit until the Section 5.1 of the Leave Regulations
expiration of the month in which it grants the Civil Service Commission
accrues (23 Comp. Gen. 841, May 4, authority to prescribe methods of ac-
1944). As to crediting annual leave to counting for leave, subject to the ap-
permanent employees who have served proval of the Director of the Bureau of
more than one year, see section 2.1 (a) the Budget.
of the Leave Regulations.
*Standard forms and leave-account-
After the first month of service, tem- ing methods have been prescribed by de-
porary employees may be credited with partmental circular No. 504, October 20,
annual leave at the beginning of the 1944, for use effective January 1, 1945,
month in which it accrues ** (section in maintaining leave accounts for all
2.1 (b) of the Leave Regulations).
employees covered by the Annual and
The credit of leave to "indefinite em- Sick Leave Regulations. Exceptions
ployees" (within the meaning of the
are authorized from the use of the
Leave Regulations) accrues as the leave standard forms and procedures thus
is earned. Where such an employee is prescribed in the case of offices located
absent on leave without pay for a frac- outside of the continental limits of the
tion of a day, or a day or more, a new
United States. Other exceptions from
month's period is begun when duty is the use of these forms and procedures
resumed (20 Comp. Gen. 827, May 28,
may be granted where cost accounting
1941; 18 Comp. Gen. 400, October 31, problems are involved, with the prior
1938; 23 Comp. Gen. 603, February 18,
1944).
approval of the Civil Service Commis-
*Despite these rules as to crediting
sion. Requests for exceptions must
of leave, leave may not be granted to state in detail the reasons why the
temporary or indefinite employees until standard forms and procedures cannot
immediately prior to the end of the be adopted.
month in which it is earned. (See sec-
Under this system, the official record
tion 2.3 of the Leave Regulations, page of employees' leave accounts will be
486.)*
maintained on Standard Forms 70 and
Administrative determinations as to 70a. The former is designed for use in
amount of leave to an employee's connection with employees, except ten-
(January 4, 1945)
495.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
porary, who work a regular 48-hour tour | partmental circular No. 504, October
of duty and are on duty at the beginning | 20, 1944).*
of the year. The latter has been pro- Quarterly additional annual leave
vided for use in connection with tempo- credits.-A permanent employee must
rary employees, employees who are in- serve an entire quarter of the calendar
definite for leave purposes, first-year year in order to be entitled to the one-
employees who enter on duty after the half day additional credit of annual
first of the calendar year, and any other leave (4 hours). in March, June, Septem-
employees who earn other than the ber, and December as provided by sec-
tion 2.1 (a) of the Leave Regulations
regular monthly accrual.
The agencies will audit leave records (decision, Comptroller General, Febru-
at the time an employee transfers or ary 11, 1944). *However, an employee
leaves the service and at such other is not disqualified for the quarterly
times as they deem necessary (depart- credit by the mere fact that he is in a
leave status (including terminal leave
mental circular No. 504, October 20,
1944). As to disposition of leave records statis) at the end of the quarter or has
been on leave without pay during a part
when an employee transfers or is sepa-
rated, see pages 155.02 and 516, l'espec-
of the quarter (23 Comp. Gen. 837, May
2, 1944; decision, Comptroller General,
tively.*
Effective date of changes in regula- November 11, 1944).* (See also note
entitled "Effect of nonpay status upon
tions as to leave crediting.-The leave
leave credits," page 495.02.)
regulations in force when the leave is
The employee must have served the
earned are controlling in the matter of
entire quarter as a "permanent em-
crediting leave (23 Comp. Gen. 603,
ployee" within the meaning of the leave
February 18, 1944).
regulations. Service as a "temporary
Computation of leave credits.-Stand-
employee" may not be included, even
ard Form 67, "Leave Credit Table,” is though it immediately preceded trans-
used in computing annual- and sick-leave fer or appointment to a “permanent”
credits. This table applies only to those status decision, Comptroller General,
employees who are working a regular September 11, 1944).
8-hour tour of duty. All computations
Where there are 31 days in the final
therein are based on a 30-day month; as
month of a quarter, a permanent em-
to computing leave for a fractional ployee who is paid for the first 30 days of
month, see note on "Effect of nonpay that month and has been continuously
status upon
leave
credits," below. employed from the first day of the
Standard Form 67 may be requisitioned quarter may be considered as having
from the Government Printing Office by been "continuously employed for the
the office in each agency which is au- entire quarter-year” ending in such
thorized to procure printing from the month, within the meaning of section
Government Printing Office (depart. 2.1 (nl) of the Annual Leave Regula-
mental circular No. 471, February 26, tions, so as to entitle him to the full
1944). As to authority for this table, inonthly and quarterly annual leave
see decision, Comptroller General, Feb- (rellit authorized therein.' This is true
I'llary 11, 1944.
even though the 30th is a nonwork day,
*Standard Form 74, "Leave Accrual and he does not serve on the 31st (based
Table may be lisen its it guide in pre-on 23 Comp. Gen. 789, April 15, 1941;
posting on Standard Form 70a the reg- 23 ('omp. Gen. 837, May 2, 1944).
ular monthly accrual of leave for per- Accrual of leave during periods of
manent employees who enter on duty leave with pay.—The purpose and in-
after the first of the calendar year (de- tent of section 4.2 of the Annual and
(January 4, 1945)
LEAVE OF ABSENCE
495.02
is ap-
Sick Leave Regulations is that leave | Leave Regulations—who are appointed
on leave, either sick or annual, is for definite periods of time not ex-
earned only if there is a return to duty, ceeding one year—the annual leave to
and no leave on leave, either sick or which they are entitled by law and
annual, is earned during terminal and regulations for each full month of serv-
nual or sick leave. Under Section 4.2 ice, which includes both active serv-
(b) no leave is earned on terminal ice and leave lawfully granted. Thus,
leave which precedes entrance into a temporary employee who
active military service, *except where pointed for a 30-day period may be
the employee is subsequently restored in granted 242 days' annual leave im-
accordance with statutory provisions to mediately prior to the expiration of
a civilian position ;* or which precedes his appointment (23 Comp. Gen. 731,
separation, even though he is reinstated March 29, 1944; 23 Comp. Gen. 812,
in the same or another agency within May 4, 1944).
30 days after expiration of his terminal *Effect of nonpay status upon leave
leave; on which precedes retirement, re- credits.—This note applies only to "per-
gardless of the cause of the retirement manent employees" within the meaning
(23 Comp. Gen. 603, February 18, 1944; of the Annual and Sick Leave Regula-
23 Comp. Gen. 677, March 16, 1:944; 23 tions. As to the effect of absence in a
Comp. Gen. 837, May 2, 1944; 24 Comp. nonpay status upon leave accrual by
Gen. 134, August 17, 1944). As to the “temporary” and “indefinite” employees,
one-half day additional credit for the see note entitled “Fractional months of
final quarter of an employee's service, service”, below.
see note above.
The provision in section 4.1(11) of the
The right to accrue leave during | Annual and Sick Leave Regulations that
leave with pay which is followed by a leave shall be (redited in units of hours
return to duty is not affected by the fact on the basis of the established workday,
that such return is to a different agency, and fractional parts of an hour that
if such agency is subject to the leave equal or exceed 1, hour shall be coupted
acts of March 14, 1936 (24 Comp. Gen. | as one hour and fractions of less than
134, August 17, 1944).
12 hour shall be disregarded, is a general
If leave on leave is granted erro-provision applicable to all computations
neously because of the fact that the ad-which may be necessary in determining
ministrative office had no advance in the coledit of leave due an employee, in-
formation that the employee intended cluding computations of annual leave
to resign at the termination of his credits in multiples of the hourly equival-
leave, a charge properly is for assert- lent of 1%, (lay and sick leave credits in
ing against the employee for the over- multiples of one how (233 Comp. Gen.
drawn leave representing the amount
638, February 29, 1944).
of compensation which actually was
('onsequently,
" “permanent” em-
paid for the period of leave on leave
ployee (within the meaning of the Leave
(23 Comp. Gen. 638, February 29,
1941).
Cf. note on “Requirement of Regulations) earns the minimum credit
of 4 hours annual leave in 7 days' serv-
l'efund from employees separated from
the service”, page 503.
ice, 'rather than in 71%) days' service.
The prohibition against the granting Additional credits of 4 hours each are
of leave on leave (luring terminal leave earned after 1.7, 22, and 30 days of
applies to employees whose tenure of service respectively within a calendar
service is indefinite and whose termi- | month.
nation of service must be fixed after The method of dealing with fractions
service has been rendered. It has applies only to fractions of hours, and
no application to leny “temporary em- not to fractions of larger imits; the
ployees" within the meaning of the limount of leave which may be (redliteel
а
(Jaurlary 4, 1945)
495.03 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
}
is limited to that which, after alljust- | result in a double reduction in leave
ments as to fractional hours have been credit and is unauthorized. The reduc-
made, is an exact nultiple of the hourly tion in leave credits required by sec-
equivalent of 1/2 day (decision, Comp- tion 4.3 of the Regulations does not
troller General, February 11, 1944; 23 affect the granting of the one-half day
Comp. Gen. 638, February 29, 1944 ; de quarterly credit until an employee has
partmental circular No. 471, February been on leave of absence without pay a
26, 1944).
total of 90 days in the aggregate, and
The minimum credit of 4 hours annual then affects it only by the mutual can-
leave and the minimum credit of 1 hour celation of the credit and the reduction
sick leave for "permanent” employees (23 Comp. Gen. 789, April 15, 1944; 23
within the meaning of the Leave Regula- Comp. Gen. 841, May 4, 1944).
tions are for consideration on a calendar Postal employees—regular or substi-
month's service basis. There is no au- tute-who are reinstated or reassigned
thority under the regulations of the in the Postal Service pursuant to sec-
President to combine parts of two cal- tion 4 of war-service regulation IX
endar months to grant a minimum an- after service in private industry en-
nual or sick leave credit to permanent gaged in the war effort are not en-
employees (decision, Comptroller Gen- titled, for annual- and sick-leave ac-
eral, February 11, 1944).*
crual purposes, to time credit for the
Section 4.3 of the Annual and Sick periods of service in private industry
Leave Regulations provides for a reduc- (23 Comp. Gen. 877, May 17, 1944).
tion in annual and sick leave credit *Accrual of leave during suspension
where a permanent employee is absent periods.-See section 4.3 of the Leave
in a non-pay status 15 or more days Regulations, page 488, as to suspensions
during a calendar year, and for a fur- of permanent employees. See note on
ther reduction of one-half day whenever “Fractional months of service", page
such absence totals 90 days. ** This 195.0+, as to suspensions of temporary
provision contemplates that reductions or indefinite employees.*
of credit for annual and sick leave (both The possibility of substituting leave
for the 15-day periods and for the 90-day with pay for periods of imjustified sus-
period) shall be computed upon the ag- pension is discussed
page 505.
gregate or cumulative period of leave Where an employee is restored to (luty
without pay ** during the calendar with compensation for the entire period
year (23 Comp. Gen. 638, February 29, of suspension under (luthority of sec-
1944; 23 Comp. Gen. 8+1, May 4, 1914; tion 3 of the act of December 17, 1942,
23 Comp. Gen. 818, May 5, 1944). As to or other similar special authorities, he
effect of suspension periods on leave, is entitled to credit for leave earned
see note on “Accrual of leare during sus- during the entire period of suspension,
pension periods," below.*
and this is true even though the statute
When proper reductions in leave provides that a deduction equivalent
credit have been made in accordance to the employee's interim net earnings
with the section just mentioned, the shall be made from such compensation.
requirements of the regulations in this Where the employee is reinstated un-
respect have been satisfied. To deny, der such special authority without
in addition thereto, the one-half day compensation for the period of sus-
quarterly leave credit authorized un-pension, such period should be regarded
cler section 2.1 (a), for employees who as leave of absence without pay (based
were continuously employed for an en- on 18 Comp. Gen. 136, August 6, 1938;
tire quarter, even though in it non-pay 23 Comp. Gen. 204, September 18, 1943).
status during a part of that time, would
Ο)
(January 4, 1945)
LEAVE OF ABSENCE
495.04
*Fractional months of service.--As to service, not to exceed 2 days annual
the effect of nonpay status upon the ac- leave at the last of the month. The
crual of leave hy permanent employees, continuity of service of "temporary”
see page 495.02.* Leave credits for employees for annual leave, earning
"temporary" and "indefinite” employees purposes is not broken by Sundays not
(within the meaning of the Leave Reg- occurring within a regular tour of
ulations) are based on the service duty, or holidays or nonwork days
month rather than the calendar month. established by Federal statute or by
They are not entitled to annual or sick Executive or administrative order (16
leave for a fractional month's service, Comp. Gen. 993, May 10, 1937; 16 Comp.
and leave for them inay be computed Gen. 1039, May 26, 1937; 17 Comp. Gen.
only on the basis of a full month's sery- 1017, May 27, 1938; 18 Comp. Gen. 400,
ice. This rule applies to both types of October 31, 1938; 20 Comp. Gen. 827, May
"indefinite" employees—those who are 28, 1941; 21 Comp. Gen. 101, August 5,
appointed "for the duration of the job" 1941; 22 Comp. Gen. 619, January 7,
and those who are paid on a "when 1943; decision, Comptroller General,
actually employed" basis. An "indefi- February 11, 1944; 23 Comp. Gen. 638,
nite” employee begins a new month of February 29, 1944; 23 Comp. Gen. 677,
service when he resumes duty after March 16, 1944; 23 Comp. Gen. 841,
being absent on leave without pay (or May 4, 1944; 23 Comp. Gen. 848, May
layoff or furlough) for a fraction of a 5, 1944; 24 Comp. Gen. 26, July 13,
day, or a day or more.
1947).
As to accrual of leave by temporary
*
employees during leave with pay periods, Periods during which an employee
See notes on "Accrual of leave during paid only when actually employed is not
periods of leave with pay," page 495.01. continuously employed but is required
* * * * *
to be in readiness to render service when
A furlough or leave-without-pay period needed, may not be considered as a
does not affect the accrual of leave by part of the one month's period of sery-
"temporary" or "indefinite” employees if ice for the purpose of determining
it is administratively permitted to be whether or not the einployee has earned
“bridged over" with annual leave with annual or sick leave, although they may
pay (or sick leave, if the absence is one be so counted for the purpose of deter-
for which sick leave may properly be mining whether he is an “indefinite”
granted or advanced), and sufficient an employee under the leave regulations
nual or sick leave is available for
as distinguished from a part-time or
granting While annual leave which intermittent employee (17 Comp. Gen.
would accrue at the end of the month 1017, May 27, 1938). Annual and sick
without break in continuity of service, or leave is not earned during such periods,
in succeeding months, may not be ad- or during furlough or lay-off periods
vanced to indefinite per diem "when ac-
or periods of service for less than one
tually employed" employees even though month rendered at intervals,
they have completed one or more months though preceded or followed by periods
of continuous service with or without of continuous service for at least one
break in service, such an employee, with-month (17 Comp. Gen. 1017, May 27,
out other leave to his credit, who has 1938). With respect to the earning of
been continuously employed for 28 days leave by permanent trainmen on the
of a 30-day month, may be granted, as in Alaska Railroad, see notes, page 494.
anticipation of the month's continuous The rulings set forth in this note are
even
(January 4, 1945)
496 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
gency when
applicable even though the absence is | or indefinite employee is interrupted by
due to religious reasons (20 Comp. Gen. transfer or reappointment as a perma-
827, May 28, 1941 ; 22 Comp. Gen. 619, nient employee, see section 2.1 (d) of the
January 7, 1943).
Leave Regulations, page 486.*
Maximum accumulation of leave.-
Employees subject to Federal and
The provision in the act of December State supervision during alternate pe-
17, 1942 (see page 481), limiting the
riods.—Where, under cooperative agree-
accumulation of annual leave to 15 days
ments between the Department of Agri-
a year during the present national emer- culture and States, etc., employees are
the accumulated leave under the supervision and control of
"equals or exceeds sixty days in the the Federal Government during six
aggregate”, does not apply until the months of the year and under the super-
calendar year succeeding the calendar vision and control of the cooperating
year at the end of which such leave ag-agency during the other six months, an-
gregated at least 60 days, and, there nual and sick leave under the Federal
fore, an employee with a leave accum-
acts (March 14, 1936, 49 Stat. 1161
ulation of 59 days at the end of a cal- and 1162, accrues only during the period
endar year may accumulate the full 26 the employees are under Federal con-
days authorized by the act of March
trol. Such employees may, however, be
14, 1936, during the succeeding calendar
regarded as in a continuous duty status,
year (decision, Comptroller General,
and their Federal leave may be carried
September 20, 1944).
Crediting leave earned in previous over from one continuous period of Fed-
eral control of one month or more to
temporary or indefinite appointments.-
Employees originally appointed for defi- another (17 Comp. Gen. 362, October 26,
1937).
nite periods not exceeding one year
Recrediting of leave upon reemploy-
whose appointments are extended at the
end of one year for a further definite ment.-See section 1 of the act of De-
cember 21, 1941, page 483.01.
period not exceeding one year, or who
Recrediting of leave upon immediate
are given new temporary appointments
reemployment after retirement.--Where
at such time, are to be regarded as tem-
an employee is retired for age and re-
porary employees for leave purposes
regardless of the aggregate length of appointed to his former position the next
service, and such a series of appoint- day iinder authority of the act of Jan-
ments or extensions is to be considered wary 24, 1942 (see p. 133), the provisions
of the annual and sick leave acts and
as one temporary appointment for the
regulations are applicable just as in
purpose of transferring accrued leave
credit from one period of the temporary any other case of separation and re-
appointment to another (based on 20 appointment without break in service.
appointment to another (based on 20 The employee should be credited under
(omp. Gen. 332, December 21, 1940; 20
Comp. Gen. 661, April 22, 1941; 18
his reappointment with the annual and
Comp. Gen. 596, January 7, 1939).
sick leave accruell and unused under his
service prior to retirement (21 Comp.
* * * *
Gen. 691, January 20, 1942).
The annual and sick leave of "indefi-
* *
nite" employees paid only when actually Recrediting of leave made retroac-
employed, which may be credited only tively available by statutory increase of
for periods of continuolis service of one the maximum leave accumulation. The
month or more, may be carried over act of December 17, 1942, amending
from one such period of continuous the annual leave act of March 14, 1936,
service to another (17 ('omp. Gen. 1017, by increasing from 60 days to 90 days
May 27, 1938).
the amount of unused annual leave
*As to method of crediting leave that an employee may accumulate "dur-
when the service month of a temporary ling the national emergency declared by
(January 4, 1945)
LEAVE OF ABSENCE
497
the President of the United States on in general, preclude transfer of leare.
September 8, 1939”, may be regarded Even under the revised regulations ef-
as retroactively effective to September fective January 1, 1941, a separation
8, 1939. An employee who has not been from service for 30 or more calendar
separated from the service may, ther9- | days is such a “break in service.”
fore, be recredited with accumulated However, the "break in service" pro-
annual leave in excess of 60 days which visions are not applicable to prevent
he otherwise would have lost on the transfer of leave from the agency to
first day of January 1940, 1941, 1942, which transferred to the original
and 1943, subject to the following lim- agency in cases where the employee ap-
itations imposed by the act of December plied for restoration within the 40-day
17, 1942, and Executive Order No. 9307 period prescribed by the war-service
of March 3, 1943 :
regulations, after having met the terms
(1) The amount of unused annual and conditions of the war-service regu-
leave forfeited by an employee at the lations both as to original acquisition
and as to exercise of reemployment
end of the calendar year 1939 which
rights (based on 23 Comp. Gen. 871, Jay
may now be recredited is limited to the
10, 194+).
annual leave that accrued after Sep-
**An employee who was transferred
tember 8, 1939;
under authority derived from the provi-
(2) In years succeeding 1939, when sions of War Manpower Commission Di-
the unused leave accumulated equals rective No. X (see page 13) and Execu-
or exceeds 60 days in the aggregate, tive Order's Nos. 9063 and 9243 (see
not more than 15 days of unused leave pages 11 and 12) from his Federal posi-
may be further accumulated in any tion to the non-Federal organization
one calendar year (22 Comp. Gen. 704, has an essential activity carried on by
January 26, 1913; 22 Comp. Gen. 810, a private enterprise" within the mean-
February 16, 1943; 22 Comp. Gen. 932, ing of that directive, is entitled, as a
March 30, 1943).
part of the reemployment benefits pre-
Recrediting of leave taken in viola- scribed by the war-service regulations
tion of dual-compensation statutes.-See in connection with such transfers, to
note on page 506.
have his unused annual leave recredited
Recrediting of leave after return upon meeting all of the terms and con-
from war transfer.-Section 5 of war- ditions of said regulations regarding
service regulation IX (see page 35) reemployment in the agency from which
provides certain reemployment rights transferrell (based on 23 Comp. Gen.
which may be granted in connection 305, October 23, 1943).
with war transfer. Under the terms Recrediting of leave on return from
of the regulation, these rights may be military or naval duty.–After electing
exercised only when the employee to be paid, pursuant to the act of August
is subsequently involuntarily 1, 1941, as amended, for his accrued an-
furloughed or terminated without cause nual leave concurrently with military
such as would reflect on his suitability service, an employee may not refund the
for reemployment in the Federal serv- amount paid in order to have the leave
ice
*," and meets (ertain other remain to his credit (22 Comp. Gen.
specified requirements. Thus the cir- 229, September 15, 1942).
cumstances which would permit the ex- Au employee's right to have annual
ercise of these rights would frequently and sick leave recredited to him upon
involve separation from the service for his return from active service in the
one or more workdays.
armed forces is conditioned upon his
Under the leave regulations in effect compliance with the requirements of
prior to January 1, 1944, a separation section 8 of the Selective Training and
from the service for even one workday Service Act of 1940 or similar provi-
was a "break in service" which woulil, sions in other legislation. For the pro-
.
(January 1, 1945)
498 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
page 511.
visions of these acts, and notes there- 1944; section 4.2(0) of the Leave Regn-
on, see pages 136 to 145. As to the em- lations).
ployee's rigiit to payment for his accu- An employee who meets all the terms
mulated and accrued annual leave in and conditions of section 8(b) of the Se-
the event that he fails to meet these lective Training and Service Act of 1940,
requirements, or fails of restoration, see but is actually restored to a position in
a different branch of the same depart-
An employee who does not meet the ment or agency or in a different depart-
requirements of these mandatory rein- ment or agency than the one from
statement provisions, but is neverthe-which he entered the armed forces, may
less reemployed, may not have restored have restored to him at such time all
to him the annual or sick leave which unliquidated annual and unused sick
stood to his credit when he entered leare (decision, Comptroller General,
upon active duty with the armed forces. November 24, 1944).*
This is true whether the agency sepa- Where an employee meets the terms
rated him upon his entry into the and conditions of section 8 (b) of the
armed forces, or placed him upon fur- Selective Training and Service Act, but
lough or leave without pay (23 Comp. there is delay in his restoration to his
Gen. 832, May 2, 1944).
civilian position, his right to recrediting
On the other hand, when a former of annual leare depends upon the reason
employee is restored to his civilian for the delay, as follows:
position, or to a position of like sen- (a) If the delay was entirely adminis-
iority, status, and pay under the terms trative, and not due to the employee, the
and conditions of the Selective Training leave may be recredited to him in the
and Service Act of 1940, he is restored position in which reemployed ;
to the same leave status as he had
(b) If the delay resulted from the fact
when he left his civilian position to that his discharge was conditioned upon
enter the active military service, *ex-employment in an essential war indus-
cept as provided in section 4.2(b) of the try, including agriculture, the leave may
Leave Regulations with respect to the be recredited to him upon subsequent
accrual of leave during terminal leave.* restoration to his former position, pro-
This is true whether he was separated vided that such restoration occurs soon
upon entry into the arined forces, or was after termination of his essential war
placed. upon furlough or leave without industry service;
pay. He should be restored with all the (c) If the employee, solely for per-
sick leave credit which he had when he sonal reasons, refused to accept or de-
entered the armed forces, with so much layed in accepting his former position
of his annual leave credit as had not or one of like seniority, status, and pay
been liquidated by payment, *and with which was offered, the leave may not
leave accrued during the period of ter-. be recredited to him upon subsequer:t
minal leave granted immediately prior reemployment (based on 22 Comp. Gen.
to entry into active military or naval 969, April 14, 1943).
service. (He should not, however, be
considered as having accrued any an-
GRANTING AND CHARGING OF LEAVE
nual or sick leave during any period of Date on which leave becomes avail-
leave without pay which followed his able.---See note on “Date on which
entry into the armed forces.) If a leave may be credited”, page 495.
charge for overdrawn annual or sick
*Reasons for which sick leave may be
leave stood against him when he en-granted.-See section 3.3 of the Leave
tered the armed forces, and such charge Regulations, page +86.01. For defini-
has not been liquidated by payment, he
tion of "contagious disease", see section
should be recharged with such over-
1.1 (L) of the regulations, page 18.5.*
drawn leare (23 Comp. Gen. 96, August
12, 1913; 23 Comp. Gen. 869, May 10,
(January 4, 1945)
LEAVE OF ABSENCE
499
*Granting of sick leave for periods | absence without charge to leave.-Sec-
during which an employee is required to tion 4.5 of the Annual Leave Regula-.
be available for duty.-An employee tions, which provides that unavoidable
who is required to be available for duty or necessary absences from duty not in
during a given period, although not ac- excess of 30 minutes may be adminis-
tually called upon to render service dur- tratively excused, was intended to re-
ing such period, may be granted sick late only to an absence “not in excess of
leave where otherwise permissible un- 30 minutes”, or to an absence caused
der the leave regulations for any days by "tardiness”. It was not intended to
during such period on which he would relate to a fractional hour's absence
have worked but for his illness (based when the total absence exceeds one
on 19 Comp. Gen. 895, April 25, 1940).* hour, except in cases of tardiness, which
Employee subject to Federal and State may be excused administratively re-
supervision during alternate periods.-gardless of the time involved. There-
Where, under cooperative agreements fore, an employee who is granted one
between the Department of Agriculture hour's annual leave and returns
and States, etc., employees are under an absence of more than one hour, but
the supervision and control of the Fed- less than two hours, should be charged
eral Government during six months of two hours' annual leave (23 Comp. Gen.
the year and under the supervision and 842, May 4, 1944).
control of the cooperating agency during Absence without advance authoriza-
the other six months, leave accrued tion.—Where an employee is absent
during service under Federal control from duty without advance authoriza-
may be granted for taking only during tion, the general rule is that, in the ab-
service under Federal control, and leave sence of a statute specifically providing
accrued during service under the co-otherwise, the employee is considered in
operating agency may not be taken dur-1 a non-pay status for the entire period
ing Federal service (17 Comp. Gen. 362, during which he absents himself from
October 26, 1937).* *
duty, and in such cases deduction of pay
Fractions of hours consecutive is required for all days coming within
days.—Under the Annual and Sick that period, including Sundays and hol-
Leave Regulations, the minimum charge idays, irrespective of whether or not
of 1 hour, and additional charges in they occur immediately prior to the day
multiples of 1 hour, for annual and sick on which the employee reports for duty
leave should be made on each separate (16 Comp. Gen. 807, March 3, 1937).
calendar day. Annual and sick leave If the employee has annual or sick
absences may not accumulate from day leave to his credit, such leave may, in
to day for the purpose of charging units proper cases and subject to applicable
of hours, even though the absence con- provisions of the leave regulations, be
stitutes "one continuous absence.” For substituted for the period of leave with-
example, an employee who was absent out pay. See section 3.4 of the Leave
for 112 hours at the close of business Regulations (page 486.01) and the notes
one day and 12 hour at the beginning of on page 504.
on page 504. The effect of such substi-
business on the following day should be tution on payment for intervening Sun-
charged 2 hours on the first day and 1 days and holidays is discussed in the
hour on the second (23 Comp. Gen. 677, note on "Effect of substitution upon
March 16, 1944).
pay for Sundays and holidays," page
Administrative authority to excuse | 505.
on
(January 4, 1945)
499.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
.
Where an employee having no an- | nual or sick leave of absence with pay
nual or sick leave to his credit has ab- as would have been payable for the
sented himself from work for a single same period had he remained in a duty
workday without prior authorization status and actually worked the number
and it is administratively determined of hours per day and number of days
after his return to duty that conditions that he regularly would have been re-
rendered an advance application for quired to work. Neither the Annual
leave without pay impracticable, justi- and Sick Leave Acts of March 14, 1936,
fying a conclusion that he was not "a. nor the annual and sick leave regula-
W. 0. l.", the employee's pay status may tions, authorize any increase in amount
he regarded in the same way as though or rate of compensation payable for a
leave without pay had been granted in period of absence on annual or sick
advance, and he may be allowed pay leave over that payable for a like pe-
for a nonwork day occurring imme- riod in an ordinary duty status (17
diately prior to the actual return to duty Comp. Gen. 906, May 4, 1938).
(23 Comp. Gen. 960, June 17, 1944). * Compensation is payable during leave
Leave on the 31st day of a month.- of absence at the rate applicable to
The act of June 30, 1906 (34 Stat. 763), the position from which the employee
provides that for one day's unauthorized is excused from duty and not at the
absence on the 31st day of a month one rate payable for the period during
day's pay shall be forfeited. This pro- which the leave is earned (19 Comp.
vision is not applicable in the case of Gen. 1015, June 22, 1940). Permanent
an employee who was absent on an employees who are temporarily reas-
nual leave through a portion of the 31st signed or promoted to positions at
day of a month and on authorized leave higher salary rates and who are granted
without pay during the remainder of annual leave while serving under the
that day (23 Comp. Gen. 244, September temporary assignment to take effect
30, 1943).
prior to return or reassignment to their
Rate at which leave should be paid.-
former positions, are entitled to com-
The decisions holding that a leave-
pensation for the leave so taken at the
with-pay status is synonymous, for pay
purposes, with a work or duty status, higher rate of compensation of the tem-
do not mean that an employee is to be porarily assigned position for the entire
regarded, for pay purposes, as having period of the leave; but if they are
actually worked on each day within a returned to their former positions prior
period of absence on leave with pay, to the effective date of the granted an-
but rather that an employee is entitled nual leave, they are entitled to com-
to exactly the same amount of compensation for the leave so taken only
pensation for a period of authorized an- / at the rate applicable to the position
.
(July 5, 1944)
LEAVE OF ABSENCE
500
to which returned, even though no duty 2, 1942; 22 Comp. Gen. 762, February
be performed under such reassignment 5, 1943). As to compensation for holi-
or return before the leave is taken (19 days generally, and disciplinary action
Comp. Gen. 1015, June 22, 1940). in cases where an employee fails to
Overtime compensation under the work on a holiday although ordered to
War Overtime Pay Act of 1943 (Public do so, see page 479. As to compensa-
Law 49, 78th Cong., May 7, 1943), is tion for holidays which occur within or
payable during periods of annual leave, immediately before or after a period of
including accumulated annual leave leare without pay, see pages 499 and
taken pending separation from the serv- 505.
ice (22 Comp. Gen. 810, February 16, 'Whether work is administratively re-
1943).
quired on it holiday or not; annual or
An employee occupying a position sick leave may not be chargeil for ab-
outside the continental United States to sence on a lioliday declared by law, Ex-
which a salary differential is attached ecutive order, or administrative order
is entitled to continue to receive his (except as otherwise provided in the
regular rate of compensation, including note on “Days on which establishments
the salary differential, while he is in are closed for administrative reasons”,
an annual leave status in the conti- page 501), whether as a penalty for fail-
nental United States or elsewhere (22 ure to report for work when administra-
Comp. Gen. 79, July 29, 1942).
tively required to do so or for the
Seasonal field employees of the Inter- purpose of making a payment to em-
national Boundary Commission, Uniter ployees who are not otherwise entitled
States, Alaska, and Canada, employed to holiday pay (21 Comp. Gen. 101,
on a full-time basis, whose rate of wages August 5, 1941; 21 Comp. Gen. 901,
is fixed to include part (ash and part April 2, 1942; 23 Comp. Gen. 677, March
the determined value of allowances fur- | 16, 1944; decision, Comptroller General,
nished in kind, may be paid their total September 23, 1914).
wages in cash covering periods of au- Officers and members of the police
thorized leave of absence with pay* * and fire departments of the District of
(16 Comp. Gen. 132, August 6, 1936). . Columbia are not, in the absence of
Effect of dual compensation statutes special legislation, entitled to time off
on granting of leave.-See notes on with pay on legal holidays in the Dis-
trict of Columbia, or on days in lieu
Terminal leave.-See notes on page thereof, in addition to the 26 days' an-
513.
nual leave granted by the act of March
Holidays.-In the absence of specific 14, 1936, 49 Stat. 1161 (16 Comp. Gen.
legislation to the contrary, an adininis- 581, December 14, 1936).
trative office may, within its discretion, There is no statute or Executive or-
include a holiday within the official (ler precluding administrative action to
hours of duty or regular workweek of close field offices either in the United
employees and require them to work States, its possessions, or foreign coun-
on that day (25 Op. Atty. Gen. 40, Au- tries, on local holidays when Federal
gust 15, 1903; 21 Comp. Gen. 901, April ! work may not be properly performed,
page 506.
(January 4, 1945)
JK 시
​633
-A22
CIVIL SERVICE ACT AND RULES
TRANSMITTAL SHEET NO. 29
January 11, 1945
These sheets should be cut or torn apart along the perforations.
They should then be substituted as shown on the back of this page for
pages of the loose-leaf edition of the "Civil Service Act and Rules."
The steps in making the insertions are explained on page XX of the
introductory chapter, "How to Use This Book.“ The date of this trans-
mittal sheet and the date of filing should then be noted on the "Filing
Record" at the front of the book, and this page should be filed imme-
diately behind Transmittal Sheet No. 28.
When this filing is completed, pages 1 to 220, 247 to 260, 285 to 365,
and 377 to 525 will be up to date as of January 11, 1945.
Please strike out the fraction of a paragraph at the top of the left-
hand column of page 435. This is necessary because this material
is being transferred to page 434.01, and because page 435, which
contains no other changes, is not being reprinted at this time.
Remarks
Additions have been made on pages 76.02, 434, 438, 457.01, 457.02,
474.01, 503.02, and 524.
Deletions have been made as indicated on pages 76.02, 362.01, and
457.02.
Changes have been made on pages 76.01, 129, 130, 155.02, 259, 260,
362.01, 413, 434, 434.01, and 503.01.
The deletion on page 76.02 was made in view of the addition of a
special note on the Public Health Service on the same page. The
changes in the notes on "Resignation of probationer" and "Retention
of probationers" on pages 260 to 261 are primarily clarifications,
although the second one also reflects changes in the regulations as
to reduction in force since the page was originally published. The
changes on pages 503.01 and 503.02 complete the initial revision of
the notes on leave necessitated by the leave regulations. The material
indicated as deleted on page 457.02 has been condensed and trans-
ferred to page 457.01.
It is believed that the nature of all other changes will be obvious
upon comparison of the old with the new pages.
626345 0-45
TRANSMITTAL SHEET No. 29 (January 11, 1945)
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NOTE.-Pages of the October 31, 1943, edition bear no edition date
in the lower outside corner.
.
DEPOSITED BY THE
UNITED STATES OF AXFRIES ON PLACEMENT AND ORIGINAL APPOINTMENT 76.01
FEB 12:45
was
quirements of the act; persons claiming | December 22, 1942 (56 Stat. 1072);
widow or wife preference must show the physicians, licensed (act of April 16,
required relationship to the veteran; 1943; 57 Stat. 65) ; surgeons, licensed
persons claiming wife preference must (act of Apri! 16, 1943; 57 Stat. 65).
show, in addition to the other points (0) The Navy of the United States
listed, that the husband is physically' comprises the following:
disqualified by his disability for civil- Regular Navy, including: Commis-
service appointment ir positions along sioned and enlisted personnel; Navy
the general lines of his occupation. Nurse Corps; Midshipmen, United
These points will be discussed in de- States Naval Academy.
tail in the succeeding notes.
Naval Reserve, comprising: Fleet Re-
serve; Merchant Marine Reserve; Or-
Determination whether Claimant Has
ganized Reserve; Volunteer Reserve;
Served in Armed Forces
Women's Reserve (WAVES); Female
Branches of the armed forces.-(a) Physicians and Surgeons.
The Army of the United States comprises Marine Corps, comprising: Regular
the following:
Marine Corps; Fleet Marine Corps Re-
Regular Army, including: Commis- serve; Volunteer Marine Corps Re-
sioned and enlisted personnel ; Army serve; Women's Reserve.
Nurse Corps; Cadets, United States Mili- (c) The United States Coast Guard,
tary Academy, Philippine Scouts. a branch of the armed forces of the
Organized Reserve, including: Offi- United States operating under the
cers' Reserve Corps; Enlisted Reserve Treasury Department in time of peace
Corps.
and under the Navy Department in pe-
National Guard while in the service of riods of national
national emergency,
the United States. The National Guard created by the act of January 28, 1915
was called into Federal service in con- (38 Stat. 800), consolidating the old
nection with the following: Spanish- Revenue Cutter and Lifesaving Serv.
American War (including the Philippine ices. Before the approval of this leg-
Insurrection and the Boxer Rebellion); islation members of both of these serv-
Mexican Border trouble; World War I; ices had civilian status except during
National emergency preliminary to en. the Spanish-American War and the
try of the United States into World War ensuing Philippine Insurrection when
II, under the set of August 27, 1940 (54 the Revenue Cutter Service operated
Stat. 859: , World War II.
with the United States Navy. (Some of
Phi?!ppine Arnıy and Philippine Con- the revenue cutters were transferred
stabulary when mus ered into the sery-
to the Navy as early as March 24, 1898,
or between that date and April 21, 1898,
ice of the United Sta: es.
Women's Army ('orps (WACS). (See the oflicial date of the opening of the
"Women's Army Auxiiiury Corps" un-
Spanish-American War.) Members of
this service who were transferred to
der “Civilian Service."
the jurisdiction of the Navy Depart-
For the period of World War II and ment thereby acquired enlisted or com-
six months thereafter, there is included
missioned status.
in the Medical Department of the
The Const Guard includes the fol-
Army, female personnel as listed belowing: Commissioned and enlisted
low: Dietetic personnel, exclusive of personnel ; Cadets, United States Coast
student and apprentices, appointed un- Guard; Lighthouse Service; Coast
der the act of December 22, 1942 (56 Guard Reserve, including: Regular;
Stat. 1072); physical therapy per- temporary *(full-time with military
sonnel, exclusive of students and ap- pay and allowances) ;* Women's Re-
prentices, appointed under the act of serve (SPARS).
(January 11, 1945)
76.02 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
Service in the Coast Guard Reserve | Service in any of the following capaci-
(Temporary) may be used as a basis for ties:
the granting of veteran preference under (a) Active service under individual
the Veterans' Preference Act of 1944 only detail for duty with the Army, Navy, or
if the person on whose service the claim Coast Guard ;
is based was enrolled for active full-time (6) Active service in the Public
duty with pay and allowances at shore Health Service while that service is a
stations or on Coast Guard vessels, and branch of the land and naval forces of
other conditions necessary to the grant- the United States pursuant to Execu-
ing of veteran preference are present tive order of the President;
(departmental circular No. 508, Novemi- (c) Active service in the Public
ber 4, 1944).
Health Service outside the continental
The Lighthouse Service was consoli- limits of the United States or in Alaska
dated with the Coast Guard on July 1 in time of war whether or not under
. 1939. Those members of the Service | individual detail to the Army, Navy, or
who possessed the requisite qualifica- Coast Guard, and whether or not the
tions and whose commissions or enlist- Public Health Service was at the time
ments were duly authorized acquired a branch of the armed forces (Commis-
commissioned or enlisted status from sion's minute 1 of December 5, 1944).*
that date. Members of the Service Special classes.- The following
who were transferred to the jurisdic- classes of persons honorably discharged
tion of the Navy Department during from the military service are considered
World War I thereby acquired military as ex-servicemen and women, and serv-
status.
ice in these capacities is considered as
(d) The armed forces include any active service:
other branch of the United States
Army field clerks ;
service where the personnel are serving Army nurses who served honorably
pursuant to law in the Army or Navy; under contract between April 21, 1898,
for example, **in time of national and February 2, 1901, as nurses, chief
emergency the President may transfer overseer, or superintendents;
personnel of the Coast and Geodetic Army Transport Service officers as-
Survey (Commerce Department) to the signed as Transport Quartermaster;
service and jurisdiction of the War or Army or Navy chaplains;
Navy Department with proper military
Members of the Students' Army
status (section 16 of the act of May 22, Training Corps ;
1917, 10 Stat. 87; 33 U. S. C. 855).
Contract
surgeons. Contract
*Public Health Service. The Public | geons have been a component of the
Health Service Act of July 1, 1944 Army of the United States since June 3,
(Public Law 410, 78th Cong.), provides 1916. They are separated by annulment
of contract.
that commissioned officers of the Pub-
Military service in Allied forces dur.
lic Health Service shall be entitled
under certain circumstances to “full sion's minute 1 of February 10, 1936,
ing the First World War.--The Commis-
military benefits.” “Full military ben-provided that thereafter military pref-
efits" include preference for civil-sery-
erence would not be granted to any
ice purposes. Accordingly, veteran
person on the basis of service in the
preference under section 2 of the Vet-military or naval establishment of any
erans' Preference Act of 1944 may be country other than the United States.
based on service performed by com- This action had the effect of withdraw-
missioned officers of the Public Health ling the preference status of any person
sur-
.
(January 11, 1945)
NOTES ON REENTRY INTO THE FEDERAL SERVICE
129
RETENTION OR REEMPLOYMENT AFTER Army (23 Comp. Gen. 272, October 14,
REACHING RETIREMENT AGE
1943). For a list of retirement acts, see
pages is to xiii of the Commission's
General statutory prohibition against Form 3020, December 1942 edition.
retention after reaching retirement age
From time to time the President
and reemployment after retirement for
issues Executive orders, under the au-
age.-Section 204 of the act of June 30, thority contained in the statute quoted
1932 (47 Stat. 404; 5 U. S. C. 1940 ed.
above, continuing employees in the serv-
715a), reads as follows:
ice after reaching the retirement age.
"On and after July 1, 1932, no person Generally the duration of such continu-
rendering civilian service in any branch
ance is stated in the order. The At-
or service of the United States Gov- torney General has held in an opinion
ernment or the municipal government of of July 21, 1933 (37 Op. Atty. Gen. 187),
the District of Columbia who shall have that where it is impossible to fix defi-
reached the retirement age prescribed nitely the period of continuance and no
for automatic separation from the serv- such period is fixed in the President's
ice, applicable to such person, shall be order continuing the employee, the lat-
continued in such service, notwithstand- ter is to be continued until such time
ing any provision of law or regulation
as the President determines that the
to the contrary: Provided, That the public interest no longer requires his
President may, by Executive order, ex-
continuance in the service.
empt from the provisions of this section
Statutory exceptions from the general
any person when, in his judgment, the
prohibition against continuance beyond
public interest so requires : Provided
retirement age or reemployment after
further, That no such person heretofore
retirement.--(a) Persons retired under
or hereafter separated from the service. the Civil Service Retirement Act.-
of the United States or the District of Section 2 of the Civil Service Retire-
Columbia under any provision of law ment Act of May 29, 1930 (46 Stat.
or regulation providing for such retire- 469, 474; 5 U. S. C. 1940 ed. 715,
ment on account of age shall be eligible 735), as amended by the acts of Jan-
again to appointment to any appointive
uary 24, 1912 (56 Stat. 14), March
office, position, or employment under the
7, 1942 (56 Stat. 147), *and December
United States or the District of Colum- 19, 1944 (Public Law 501, 78th Cong.),*
bia : Provided further, That this section 19, 1944 (Public Law 501, 78th Cong.),*
permits the reemployment of certain
shall not apply to any person named in
employees retired thereunder. This
any act of Congress providing for the
exception from the general prohibition
continuance of such person, in the
applies only to persons retired under
service."
the Civil Service Retirement Act. The
The prohibition against reemployment
text of section 2 is as follows:
of retired civilian personnel quoted
“(a) Except as provided in section
above is not limited to "officers” and | 204 of the act of June 30, 1932 (47
"employees" as those terms are defined Stat. 404), and section 3 of the act of
in title I of the act of June 30, 1932 (in July 13, 1937 (50 Stat. 512), all officers
which the prohibition is included as
or employees to whom this act applies
section 204), but extends to any employ- shall, on the last day of the month in
ment of purely personal services which they attain retirement age as
whether on a contract basis or by ap- defined in the preceding section;
pointment (18 Comp. Gen. 573, Decem- having rendered at least fifteen years
ber 29, 1938; see also 18 Comp. Gen. of service, be automatically separated
625, January 25, 1939). It is not lim- from the service, and all salary, pay,
ited to employees retired under one of or compensation shall cease from that
the retirement acts administered by the date, and it shall be the duty of the
Civil Service Commission, but extends head of each department, branch, or
to employees retired under other retire-
independent office of the Government
ment systems, in the absence of specific
concerned to notify each such employee
exemptions therefrom. It is not appli-
cable, however, to retired officers of the
22 Seventy years.
(January 11, 1945)
22 and
130 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
3
under his direction of the date of his (o) Persons retired under the Canal
separation from the service at least Zone Retirement Act.-Section 2 of the
sixty days in advance thereof.
Canal Zone Retirement Act of March
"(b) No person separated from the 2, 1931 (16 Stat. 1471; 48 U. S. C.
service who is receiving an annuity 1940 ed. 1371a), as amended by the act
imder the provisions of section 1 of this of July 29, 1942 (56 Stat. 726), permits
act shall be eligible again to appoint- the reemployment of certain persons re-
ment to any appointive office, position, tired thereunder. This exception from
or employment under the United States the general prohibition applies only to
or of the government of the District persons retired under the Canal Zone
of Columbia unless the appointing au- Retirement Act. The text of section 2
thority determines that he is possessed is as follows:
of special qualifications, in which event
"On and after July 1, 1932, no em-
payment of his annuity shall be ter- ployee to whom this article applies who
minated during the period of his ap- shall have reached the retirement age
pointment: *Prorided, however, That prescribed for automatic separation
nothing in this act shall be só con-
from the service, shall be continued
strued as to affect the rights of the in such service, notwithstanding any
annuitant's beneficiary if the annuitant provision of law or regulation to the
has been receiving or had elected and contrary: Provided, That the President
was otherwise entitled to a reduced an-
may, by Executive order, exempt from
nuity under section 4 (d) and dies the provisions of this paragraph any
while so reemployed or continued in person when, in his judgment, the pub-
the service or within thirty (lays after lic interest so requires : Provided fur-
the termination of his reemployinent ther, That no person separated from the
or continuation, but all such vights service who is receiving an annuity
shall continue and may be enforced in under the provisions of this section or
the same manner as if the annuitant section 93 of this title shall be eligible
had not been reemployed or continued : again to appointment to any appointive
office, position, or employment to which
And provided further, That during such
this article applies, or under the United
reemployment or continuation there
shall be deducted and withheld from District of Columbia unless the appoint-
States or of the government of the
the salary, pay, or compensation of ing authority determines that he is
such employee at each pay period a
possessed of special qualifications, in
proportionate amount of the annual which event payment of his annuity
difference between the life annuity to shall be terminated during the period
which the employee would have been of his appointment; and any such per-
entitled ana the recluced annuity son whose annuity is terminated, shall,
- elected by the employee. The amounts upon the termination of his appoint-
so deducted and withheld shall be de- ment, have his subsequent annuity
posited in the Treasury of the United rights determined under the provisions
States to the creclit of civil service re- of this article in effect at the time of
tirement and (lisability fund.* Any such termination: Provided further,
such person whose annuity is termi- That this paragraph - shall not apply
nated shall, upon the termination of his to any person named in any act of
appointment, have his subsequent an- Congress providing for the continuance
nuity rights determinell under the pro- of such person in the service."
visions of law in effect at the time of For procedure in effecting reemploy-
such termination."
ments under this act, see page 132.
(Section 1 of the act, referred to in" (e) Persons retired under the Alaska
the section just quoted, provides for the R::ilroad Retirement Act.-The act of
retirement of employees upon the exer- December 22, 1942 (56 Stat. 1070; 5
cise of an option or upon reaching the U. S. C. 1940 ed., supplement II, 745
superannuation age.)
note), contains the following exception
For procedure in effecting reemploy- from the general prohibition against the
inents under the section just quoted, reemployment of persons who have been
see page 132.
retired for age:
(January 11, 1945-)
NOTES ON TRANSFER
155.01
his eligibility for permanent appoint- It will be assumed by the Commission
ment to the position to which tempo- that an agency has available funds for
rarily assigned or detailed, was ap- the payment of transportation expenses
proved but actual notice to him and the whenever it requests the transfer of an
effective date thereof were delayed for employee to a position beyond a reason-
administrative expediency, the employee able commuting distance from his home.
is entitled to per diem in lieu of sub- If the Commission authorizes a transfer
sistence, if authorized in the travel which requires the payment of trans-
order, up to, but not including, the date portation expenses and the agency does
he received official notice that he had not have funds for the payment of such
qualified for the position and had been transportation expenses, such authority
transferred to it, rather than the date may not be used and must be returned
of approval of the transfer or the effec- to the Cominission for cancellation.
tive date stated therein (23 Comp. Gen. The Commission, in any case where
711, March 21, 1944).
transportation expenses may be in-
Payment of transportation expenses in volved, will assume, in filling direct re-
inter-agency transfers.-In cases where cruiting orders by transfer, that those
a transfer is authorized under section agencies which have arrangements with
2 (a) of regulation IX to a position be the Commission for direct recruitment
yond reasonable commuting distance have funds available for the payment
from the home of the employee con- of transportation expenses to such
cerned, paragraph (3) of that subsection transferees in accordance with Govern-
(see page 32) provides for the reim- ment regulations (departmental cir-
bursement of an employee, by the depart- cular No. 493, supplement 2, September
ment or agency to which he is trans- 7, 1944).
ferred, for the cost of transporting *Pursuant to War Manpower Com-
himself and his household goods. There mission Directive X, as amended (see
is no provision for the payment of the page 13), and section 2 (a) (3) of war-
transportation expenses of the em- service regulation IX (see page 32), it
ployee's family.
is immaterial whether the transfer of
The employee is entitled to the ex-
an employee from one agency to an-
penses specified in connection with a other is with or without the consent of
transfer beyond a reasonable commuting the employee, provided “the Civil Serv-
distance from his home when it is de- ice Commission shall find that a civilian
termined by the Commission that the employee of any department or agency
employee will by such transfer make a
of the executive branch of the Federal
more effective contribution to the war Government can make a more effective
program in the position to which trans- contribution to the war effort, in a po-
ferred. The basis for this finding is sition in some other such department
identical with the basis used in deter-
or agency." The First War Powers
mining whether the employee is entitled Act, 1941, is sufficient to authorize the
to reemployment rights. The employee President or the War Manpower Com-
will, therefore, be entitled to payment mission and the Civil Service Commis-
of the transportation expenses specifiea sion, to which his authority has been
whenever the Commission authorizes his delegated, to obligate the appropriated
transfer to a position beyond a reason- funds of a Federal agency to which an
able commuting distance from his home employee is transferred, voluntarily or
under the provisions of section 2 (a) of involuntarily, under the terms and con-
War Service Regulation IX. Regula- ditions of the amended War Manpower
tion IX will not serve as authority for Commission directive and the Civil
payment of transportation expenses in Service Commission regulation. It is
any other case.
now mandatory that an agency reim-
(October 26, 1944)
155.02 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
burse an employee, from an appropria-, Form 70 or 70a (leave record). In
tion otherwise arailable, and within the other respects, full information regard-
limits of applicable regulations, upon ing the preparation and use of Stand-
presentation of a claim for his travel, ard Form 63 is contained on the reverse
etc., expenses incident to a voluntary of the form. It may be procured from
transfer to that agency under the terms the Government Printing Office in the
and conditions of the said directive and | usual manner; supplies of it should not
war-service regulations (24 Comp. Gen. be requisitioned from the Civil Service
269, October 3, 1944).
Commission or its regional offices.*
Obtaining personnel data and leave Particular attention is called to the
transcript.-Standard Form 63 should need for submitting Standard Form 63
be used in connection with all inter- promptly in order to confirm the effec-
agency transfers, and may be used in tive date of entrance on duty. Section
connection with intra-agency transfers, 1.1 (g) of the Leave Regulations (see
to (1) confirm date of entrance on page 485) defines break in service as
duty; (2) obtain personnel data for use "separation from the Federal service
in determining eligibility for within- for a period of thirty or more calendar
grade pay increase; and (3) request a days," and affords employees protec-
transcript of the employee's leave rec- tion against the loss of accumulated and
ord.' It may also be used to secure data unused leave at the time of transfer.
when employees are reinstated or re- However, failure to confirm the effective
employed within thirty days from the date of entrance on duty may result in
date of separation from other agencies
overlapping service and dual compen-
or departments.
sation, which is prohibited by law as
The employing agency will initiate
set forth on pages 426 to 439 (depart-
Standard Form 63 as soon as the em-
mental circular No. 475, March 22,
ployee who is transferring enters on
duty and will transmit it to the releas- 1944, *and supplement 1 thereto, De-
ing agency for completion. The releas-cember 29, 1944; departmental circular
ing agency should complete and return No. 504, October 20, 1944;* Standard
Standard Form 63 without delay. *In- | Form 63).
stead of filling out items 5, 6, and 7 on Reemployment benefits acquired
Standard Form 63, it should attach to through transfer.—See notes on page
the form a certified copy of Standard | 146.
t
RULE VII-CERTIFICATION
259
page 145.*
1
1
the act of June 5, 1920, 41 Stat. 1050). , restoration to his civilian position he
The probationary period for appointees will be regarded as a probationary ap-
to the position of laborer in the Railway pointee until he has completed his pro-
Mail Service at railway terminals or bationary period (departmental circular
transfer offices is the first calendar year No. 38, October 22, 1943). See also
of service (Commission's minute 4 of note on “Employees who were serving
April 1, 1941).
probational or trial periods when they
Substitutes, Postal Service. The pro entered the armed forces," page 141.
bationary period of substitute clerks and Probational indefinite appointments.-
substitute carriers at post offices is 1,224 While probational-indefinite appoint-
hours of actual service. Such employees ments are no longer made in agencies
as are inducted into the military service subject to the war-service regulations,
cannot be credited toward the comple- many persons were serving under such
tion of probation with the time spent appointments when those regulations
in the military service (Commission's took effect, and it has therefore been
minute 1 of May 21, 1941). *As to deemed advisable to include the follow-
credit for time spent in the armelling brief explanation of this type of
forces toward salary increases, see appointment: "Probational indefinite”
appointments may be made for employ-
Inasmuch as the time spent by sub- nient the duration of which is limited or
stitute clerks and substitute carriers as
uncertain but is expected to exceed the
special-delivery messengers is regularly
period for ternporary employment con-
teniplated by section of rule VIII. The
recorded and they are, accordingly,
positions to which they are made are not
more or less under supervision while so
employed, the Commission approves and will cease to exist at the expira-
part of the agency's permanent staff
recommendation that substitutes who
tion of a specified time or upon the
are engaged on such work should receive
credit therefor. in connection with the
occurrence of a particular contingency,
probational period (Commission's min- usually the cessation of availability of
a special fund from which the salaries
ute 1 of August 10, 1936).
Extension of probation to compensate for such appointment is made from the
of incumbents are paid. Certification
for furlough leave-without-pay
same registers and in the same order
period.--The probationary period re-
as for regular probational appointment,
quired by the civil-service rules con-
and probational indefinite appointees
templates service rendered during that
must meet all the requirements of the
period. Therefore when a probationer
civil-service rules for regular proba-
has served only a portion of that period
tional appointment. Persons selected
and is granted a furlough or leave with-
for probational indefinite appointment
out pay, his probationary period should
be extended for a period equivalent to
must be notified of the probable dura-
the period of time he is in a nonpay tunity to accept or decline appointment
tion of employment and given an oppor-
status (departmental circular No. 107, tunity to accept or decline appointment
supplement 6, August 17, 1939). With upon that basis. Probational indefinite
respect to reports to the Commission of appointees serve the regular probation-
periods of furlough and leave without ary period for the position, and may
pay, see page 206.
acquire a classified status upon the
Military service not creditable toward same terms and under the same condi-
completion of probationary period.-An tions as regular probational appointees.
employee who is inducted into the mili- They are eligible for entry on the re-
tary service during his probationary employment list under the same condi-
period cannot be credited toward the tions as are applicable to regular pro-
completion of probation with the time bational appointees. Their removal for
spent in the military service (Commis- cause is subject to the provisions of sec-
sion's minute 1 of May 21, 1941). Upon tions 1 and 2 of rule XII *and of sec-
or
(January 11, 1915)
260 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
*
.
*
tion 17 of the Veterans' Preference Act | der (pages 177 to 179) are applicable, in
of 1944* in all cases where those sec- the case of separations from positions
tions would be applicable if their posi- | under the civil-service rules or the war-
tions were permanent.
service regulations, only to persons who
Discharge during probation.—"The have “completed a probationary or trial
claimant's contention that because he period.”
had passed a civil-service examination
Certificate of satisfactory completion
and, pursuant to the rules prescribed of probationary period.-Section 2 (c) of
by the Executive, had been appointed if at the end of the probationary pe-
civil-service rule VII provides: “*
for a probationary period of 6 months. riod the probationer's service rating has
therefore his discharge prior thereto been satisfactory, to the extent required
was a violation of such rules, cannot by regulation, a certificate to that effect
be sustained, as neither the statute au- filed within the department and his re-
thorizing appointment, nor the rules tention in the service shall confirm his
promulgated by the Executive govern- absolute appointment.
In
ing the same, cast upon the Govern- the case of Boruk v. Biddle (141 F. (20)
ment the obligation to continue the em- 278), the United States Court of Ap-
ployment of such a one when his serv- peals for the District of Columbia held
ices are not needed, much less when that a department head could not pro-
he is incompetent for the performance long a probationary period indefinitely
of the duties for which he was ap- by neglecting to make and file a cer-
pointed.
No vested right is tificate of satisfactory service, and
acquired by the incumbent of an office treated the employee's latest efficiency
by virtue of such regulation.
rating during the prosationary period
"Paragraph 4 of section 2 of the Civil as the certificate of satisfactory service
Service Act of January 16, 1883, pro- required by the rule. The court said
vides for ‘a period of probation before that this certificate, even though made
before the end of the probationary pe-
any absolute appointment or employ-
ment is made, and therefore it may be riod, continued to be effective until re-
said that the Executive regulation fix- voked by the filing of another.
ing the probationary period at 6
Resignation of probationer.--Termi-
months has the force of law, yet neither nal annual leave with pay may be
the statute nor the regulation can be counted as a part of the probationary
construed to bind the Government to period where an employee whose serv-
retain in its employ an appointee who ices are satisfactory resigns voluntarily
is found inefficient” (Ruggles v. U. s., under conditions such as do not reflect
1910, 45 Ct. Cls. 88).
on his suitability for reemployment in
the Federal service and his name con-
*The procedure for discharge during
tinues to be carried on the rolls by
probation is set forth in paragraph 2 (c)
reason of such accrued annual leave
of civil-service rule VII, page 250. It
is unnecessary to follow the procedure (Commission's' minute 1 of August 15,
1939).
prescribed for permanent employees by
section 1 of rule XII in separating pro- end of the probationary period for leave
Retention of probationers beyond the
bationers, although that procedure may
be followed in such cases if the employ- purposes only.-Terminal leave with pay
ing agency so desires (Commission's may not be counted as a part of the
minute 3 of March 28, 1913; U. S. ea rel. probationary period where a proba-
Kenny v. Morgenthau et al., District tioner, although his services were sat-
Court, D. C., February 23, 1937; depart- isfactory, was dropped from active duty
mental circular No. 191, supplement 1, during probation, with proper notifica-
May 10, 1940). The special procedures tion thereof, because of reduction in
prescribed by section 14 of the Veterans' force (Commission's minute 2 of Feb-
Preference Act of 1944 (page 10.04) and ruary 3, 1938; departmental circular
the Commission's regulations thereun- / No. 156, supp. 1, March 2, 1938).*
.
(January 11, 1945)
WAR MANPOWER COMMISSION DIRECTIVES AND REGULATIONS 362.01
(h) Provisions designed to minimize loss of working time of appli-
cants for statement of availability or referral.
(i) Provisions designed (1) to permit the hiring of an individual by,
or of an individual whose last regular employment was with, a small
establishment without regard to the requirements of the program,
except that no establishment regularly employing more than eight em-
ployees shall be treated as a small establishment for the
purpose
of
this paragraph, or (2) to exclude from the requirements of the pro-
gram the hiring of individuals last employed in domestic service or
last employed by foreign, State or local governments or their instru-
mentalities, or (3) to exclude the hiring of individuals for supple-
mental or casual work, or for other types of shorttime or intermittent
employment, the coverage of any of which would involve undue admin-
istrative burdens and would not measurably contribute to the accom-
plishment of the objectives of this regulation.8
(1) Subject to standards and instructions approved by the Chair-
man of the War Manpower Commission, provisions for **the estab-
lishment of fair and reasonable employment ceilings which limit the
number of workers or of specified types of workers which may be
employed in an establishment or place of employment during specified
periods.
(k) Provision for initial issuance of statements of availability by
the United States Employment Service in lieu of the individual's em-
ployer under some or all of the circumstances set forth in section
907.4 (6) of this regulation.
(1) Provisions which while conflicting in substantive respects with
section 907.4 of this regulation, are approved by the Chairman of the
War Manpower Commission after consultation with the Management-
Labor Policy Committee and after a finding by him (1) that such
provisions are necessary to meet manpower problems peculiar in the
locality to which the program applies and are consistent with the
fundamental objectives and policies upon which the regulation is based,
and (2) that such provisions have previously received the unanimous
recommendation of the appropriate area or regional Management-
Labor War Manpower Committee and manpower director.10
10
* As amended October 21, 1944 (9 F. R. 12917).
*"As udded May 19, 1944 (9 F. R. 5400), and amended, effective January 3, 1945 (10
F. R. 235).*
Employment ceilings for Federal agencies are established by Area Manpower Priorities
Committees. An administrative order of the Chairman of the War Manpower Commission
required the establishment of employment ceilings for all labor shortage areas (Group I
and Group II) by July 1, 1944. The Civil Service Commission is not automatically repre-
sented on all Manpower Priorities Committees, but may be so represented where Federal
agencies represent important claimants for manpower in the aren. For more detuils as
to employment ceilings in their relation to Federal employment, see page 47.
10 Added October 21, 1944 (9F. R. 12917).
(January 11, 1945)
363 CIVIL SERVICE ACTS, RULES, AND REGULATIONS, ANNOTATED
907.6. Definitions.-As used in this regulation:
(a) “Agriculture” means those farm activities carried on by farm
owners or tenants on farms in connection with the cultivation of the
soil, the harvesting of crops, or the raising, feeding, or management
of livestock, bees, and poultry, and shall not include any packing, can-
ning, processing, transportation or marketing of articles produced on
farms unless performed or carried on as an incident to ordinary farm-
ing operations as distinguished from manufacturing or commercial
operations.
(6) "State” includes Alaska, Hawaii, and the District of Columbia.
(c) “New employee” means any individual who has not been in the
employment of the hiring employer at any time during the preceding
30-day period. For the purpose of this definition, *supplemental,
casual or other types of short time or intermittent employment, ex-
cluded under the program, shall be disregarded.11*
(d) “Critical occupation" means any occupation designated as a
critical occupation by the Chairman of the War Manpower
Commission.
(e) “Essential activity” means any activity included in the War
Manpower Commission List of Essential Activities.
(f) “Locally needed activity” means any activity approved by the
Regional Manpower Director as a locally needed activity.
(g) The terms "employment" and "work" as applied to an individ-
ual engaged in principal and supplementary employments mean his
principal employment.
(h) "Employment stabilization program” includes any arrange-
ment involving restrictions on separation or hiring of workers, whether
through issuance of statements of availability, referral by the United
States Employment Service or otherwise.
907.7. Revocation of previous policies. The War Manpower Commis-
sion Policy to Prevent Pirating of War Workers, dated July 16, 1942,
War Manpower Commission Policies for Employment Sta-
bilization Programs Which Include the Exercise of Hiring Controls
in Areas of Manpower Shortage, effective February 1, 1943, *
are hereby revoked, effective August 16, 1943, together with all instruc-
tions and procedures previously issued by the War Manpower Com-
mission relating to the formulation and content of employment stabil-
ization programs.
907.8. Effective date.-This regulation shall become effective August
16, 1943.
*
*11 Added October 21, 1944 (9 F. R. 12917).*
1
(November 2, 1944)
CONDUCT OF OFFICERS AND EMPLOYEES
413
(1) The President and Vice Presi- | nominal compensation, provided that
dent of the United States (section 9 (a) they are not employed in any capacity
of the Hatch Act);
relating to the procurement or manu-
(2) Persons whose compensation is facture of war material (section 9 (a)
paid from the appropriation for the of- of the Hatch Act, as amended by sec-
fice of the President (section 9 (a) of tion 701 of the act of March 27, 1942,
the Hatch Act);
56 Stat. 181; 5 U. S. C. 1940 ed. 61h;
(3) Heads and assistant heads of ex- Commission's minute 4 of April 10,
ecutive departments (section 9 (a) of 1942). (This exception applies only to
the Hatch Act);
the second sentence of section 9 (a)
(4) Officers who are appointed by which prohibits the taking of an active
the President, by and with the advice part in political management or in po-
and consent of the Senate, and who litical campaigns; the officers and em-
determine policies to be pursued by the ployees in question remain subject to
United States in its relations with for the provisions of the first sentence of
eign powers or in the Nation-wide ad- the section, which probibits officers or
ministration of Federal laws (section employees in the executive branch from
9 (a) of the Hatch Act);
using their official authority or influ-
(5) Officers and employees of any ence for the purpose of interfering with
educational or research institution, es- an election or affecting the result there-
tablishment, agency, or system which is of (Commission's minute 4 of April 10,
supported in whole or in part by any 1942). Section 1501 of the Second War
State or political subdivision thereof, Powers Act, 1942 (56 Stat. 187, March
or by the District of Columbia or by 27, 1942, *as amended by the act of
any Territory or Territorial possession December 20, 1944 (Public Law 509,
of the United States; or by any rec- 78th Cong.),* further provides that
ognized religious, philanthropic, or cul- this amendment of section 9 (a) of the
tural organization (section 21 of the Hatch Act "shall remain in force only
Hatch Act, as added by the act of until December 31, *1945,* or until
October 24, 1942, 56 Stat. 986; 18 U. S. such earlier time as the *two houses
C. 1940 ed., supp. II, 61u);",
oft Congress by concurrent resolution,
(6) The Commissioners and the Re- or the President, may designate,” and
corder of Deeds of the District of Co. after such amendment ceases to be in
lumbia (section 14 of the Hatch Act, force "any provision of law amended
as added by the act of July 19, 1940, thereby shall be in full force and effect
54 Stat. 767; 18 U. S. C. 1940 ed. 61n). | as though this act had not been en-
(This exception applies only to the sec- acted
*.”)
ond sentence of section 9 (a), which PROHDITIONS OF CIVIL SERVICE RULE I
prohibits the taking of an active part AGAINST POLITICAL ACTIVITY
in political management or in political
Section 1 of civil-service rule I pro-
campaigns; the officers in question re-
vides as follows:
main subject to the prohibition in the
first sentence of that section against
"No person in the executive civil sery-
the use of official authority or influence ice shall use his official authority or
for the purpose of interfering with an
influence for the purpose of interfering
election or affecting the result thereof); with an election or affecting the re-
(7) Part-time officers and part-time sults thereof. Persons who by the pro-
employees whose only Federal service visions of these rules are in the com-
consists of assisting in the existing war petitive classified service, while retain-
effort without compensation, or with ing the right to vote as they please and
to express their opinions on all politi-
100 This exception is the result of cura-
cal subjects, shall take no active part
tive and remedial legislation, and should be
applied retroactively (Commission's minute in political management or in political
8 of November 9, 1943).
campaigns."
.100
(January 11, 1945)
414 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
page 217.
For the similar prohibition against , only violations of the political-activity
political activity by Federal employees rule but are also felonies or misde-
generally, see section 9 (a) of the Hatch meanors, and may be prosecuted by the
Act, quoted on page 411.
Department of Justice.
*Under section 9 (a) of the Hatch *In the case of United Federal Work-
Act, it provision. prohibiting Government cres of America et al. v. Mitohell et al.,
employees, whether in the classified or | 1944 (56 F. Supp. 621), the District
the imclassified service, from expressing Court of the United States for the Dis-
their opinions on political subjects, trict of Columbia said with respect to
whether publicly or privately, cannot the cluty of enforcing the Hatch Act:
be included in the civil-service rules or "Our conclusion is
that
regulations (United Federal Workers of the Congress superseded the rules inso-
America et al. v. Mitchell et al., 1944, far as conduct is concerned, and made
56 F. Supp. 621).*
such rules applicable alike to both classi-
Constitutionality. As to the consti- fied and unclassified employees; that
tutionality of civil service rule I and Congress left the matter of enforcement
similar provisions, see note on page 411. of such rules of conduct where it found
Statutory basis.--Section 1 of civil- it, namely, that the Civil Service Com-
service rule I is based on section 2, mission, under rules of conduct which
clause 2, paragraph 6 of the Civil Serv- must be brought into accord with the
ice Act. See note on page 217.
Act of Congress, still retain the duty
Investigations.-For. the Commis- to enforce the proper penalty with re-
sion's authority to investigate violations spect to classified employees as they had
of the civil-service rules, see note on theretofore had the power to do; and
that the appointing authorities, namely,
the heads of departments and independ-
Scope of the Rule
ent agencies, who before the enactment
Concurrent jurisdiction of Commis- of the Hatch Act were responsible for
sion and departments.-In the adminis- disciplinary measures, including dismis-
tration of the political-activity law as sal, of employees not classified, remain
it applies to Federal employees in the charged with the duty of enforcement
competitive classified service, the Com- of such discipline, including dismissal,
mission's jurisdiction under rule I is only they are required to apply the rules
concurrent with the jurisdiction under of conduct and disciplinary measures
the "Hatch Act” of the Federal agency set forth in the Hatch Act."*
employing a person or persons alleged Penalty for violations.-Federal em-
to have violated said law. In view of ployees who violate the provisions of
this concurrent jurisdiction, it will be section 9 of the Hatch Act are required
the Commission's regular practice to to be removed from office and there is
invite participation by the employing no discretionary authority to invoke
agency in any formal investigation or lesser penalties (opinion, Attorney Gen-
proceeding which comes under rule I eral, January 8, 1941). *The District
and also under section 9 of the “Hatch Court of the United States for the Dis-
Act” (Commission's minute 4 of Feb-trict of Columbia made a similar finding
ruary 18, 1941). Certain activities of a in the case of United Federal Workers
political nature, among them those of America et al. v. Mitchell et al., 1944,
originally prohibited by sections 11 to 56 F. Supp. 621.*
14 of the Civil Service Act and now A violation of section 1 of civil-serv-
prohibited by sections 118 to 122 of the ice rule I is also a violation of section
Criminal Code (18 U. S. C. 1940 ed 9 of the Hatch Act, and the same pen-
208–212; see pages 421 to 422), are not l alty of removal must be imposed (see
(November 30, 1944)
CONDUCT OF OFFICERS AND EMPLOYEES
433.01
sence of a statutory provision to the tion and Government corporations cre-
contrary. However, the provision in ated by it are concerned. It has no
section 3 of the Reconstruction Finance effect, however, upon the provision in
Corporation Act of 1932 (47 Stat. 5, section 212 of the "Economy Act” of
January 22, 1932; 15 U. S. C. 1940 ed., 1932 (see page 428), limiting the com-
603), that nothing contained in any act bined rate of civilian compensation and
shall be construed to prevent the ap- retired pay of retired Army officers who
pointment and compensation as an em- are appointed to civilian positions (23
ployee of the corporation of any Gov- Comp. Gen. 815, April 27, 1944).*
ernment employee, operates to remove Retired policemen and firemen, Dis-
the restriction in the 1894 act so far as trict of Columbia.--The act of May 10,
the Reconstruction Finance Corpora- | 1916, as amended, does not apply to re-
(December 14, 1944)
CONDUCT OF OFFICERS AND EMPLOYEES
434
tired firemen of the District of Colum- | District of Columbia government other
bia because their retired pay is not than the Board of Education, in ac-
salary within the meaning of the act cordance with the rules of the Board
(decision, Comptroller General, July 17, of Education governing the use of school
1929). Although retired policemen of buildings and grounds, including their
the District of Columbia are not specifi- use for day or evening schools; and
cally named in the decision, it would nothing therein contained shall be.
undoubtedly apply to them because their deemed to prevent any custodial em-
retired pay is derived from the same ployee from receiving in addition to his
fund as that of firemen (Commission's pay, salary, or compensation as an em-
minute 4 of July 24, 1929).
ployee of the Board of Education of the
District of Columbia school em- | District of Columbia any other pay, sal-
ployees.—The act of June 28, 19:14 ary, or compensation at a rate not in
(Public Law 371, 78th Cong., June 28, excess of the rate of pay received as
1914), provides that "section 6 of an employee of the Board of Education,
the Legislative, Executive, and Judicial for services which may have been ren-
Appropriation Act, approved May 10, dered subsequent to May 31, 1941, or
1916, as amended, shall not apply from which may hereafter be rendered to any
July 1 to September 15, 1947, .to Federal agency or department of the
teachers of the public schools of District of Columbia government other
the District of Columbia when em- than the Board of Education, during its
ployed by any of the executive depart- use of school buildings under the juris-
ments or independent establishments of diction of the Board of Education of
the United States Government." Prior the District of Columbia.” This statute
to the enactment of this act, the Comp- superseded a decision of the Comptroller
troller General had held in a decision General dated January 16, 1942.
of July 14, 1941 (21 Comp. Gen. 20), *District of Columbia Boxing Commis-
that public school teachers of the Dis- sion.-Under the terms of the act of
trict of Columbia may not be employed December 20, 1944 (Public Law 507,
by a Federal agency during the summer 78th Cong.), establishing the District
vacation period where the rate of annual of Columbia Boxing Commission, the
compensation as a public school teacher, dual compensation act of May 10, 1916,
when combined with that received as as amended, applies to members and
a Federal employee, exceeds the $2,000 employees of the Boxing Commission.*
limitation of the dual compensation act Fourth-class postmasters. The
of 1916.
amount of remuneration paid to a
The act of July 1, 1912 (56 Stat. 467), fourth-class postmaster constitutes
provides : "Section 6 of the act entitled "salary” within the meaning of section
'An act making appropriations for the 6 of the act of May 10, 1916, as
legislative, executive, and judicial ex- | amended (11 Comp. Gen. 41, August 1,
penses of the Government for the fiscal 1931).
year ending June 30, 1917,' approved
*Census employees.-Section 3 of the
May 10, 1916 (39th Stat. 120), and acts act of June 18, 1929 (46 Stat. 21; 13
amendatory thereto, shall not apply to U. S. C. 1910 ed. 203), permits employees
the custodial employees who are in the cf executive departments and estab-
employ of the Board of Education of lishments, with the consent of the head
the District of Columbia when such of the department or establishment con-
employees are performing work required cerned, to be employed and compensated
of them in school buildings (luring the for field work in connection with the
time these buildings are used for non- Fifteenth Decennial Censuis. This pro-
recreational official purposes by any vision is applicable only to that census,
Federal agency or department of the and does not apply to the 1945 quin-
1
(January 11, 1945)
434.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
quennial census of agriculture to be civilian employees of the Government
taken pursuant to section 16 of the same from holding office as United States
act. It does not apply to persons, such commissioners, except in the District of
as United States commissioners, who Alaska. However, "clerks of United
are not employees of an executive de- States district courts, their deputies and
partment or establishment (10 Comp. assistants, who are or inay be appointed
Gen. 126, September 16, 1930; decision, United States commissioners, may re-
Comptroller General, December 11, ceive compensation for both offices in
194+).
an aggregate amount not exceeding the
United States commissioners.-Section rate of $3,000 per annum” (32 Stat. 752,
20 of the act of May 28, 1896 (29 Stat. June 16, 1938; 28 U. S. C. 1940 ed.
184; 28 U. S. C. 1940 ed. 527), prohibits 1 569).*
(January 11, 1945)
CONDUCT OF OFFICERS AND EMPLOYEES
438
a
an
The appointment of a retired Army | num, and the exceptions thereto, are
officer not falling within one of the ex- applicable without regard to the par-
ceptions in the act of July 31, 1894, as ticular státute pursuant to which the
amended, to a regular full time Govern- officer served on active duty or was l'e-
ment civilian position at a salary ex-
tired from active service. They apply
ceeding $2,500 per annum is void ab to oficers of the Army of the Uniteil
initio, and payment of the salary of such States receiving retirement pay pursu-
position from the date of appointment ant to section 5 of the act of April 3,
is illegal, irrespective of whether he re- 1939, 53 Stat. 557 (clecision, Comp-
funds his retired pay (21 Comp. Gen. troller General, November 23, 1944).*
1129, June 25, 1942).
The fact that the civilian appointment
While a retired Army officer who re- is only for a temporary period does not
ceives retired pay of less than $2,500 withdraw it from the provisions of sec-
per annum is not prohibited by the act tion 212 of the act of June 30, 1932, if
of July 31, 1894, as amended, from re-
the combined rate of pay exceeds $3,000
ceiving less than $2,500 per annum in per annum (19 Comp. Gen. 391, Sept. 25,
a Government civilian position, under
1939).
section 212 of the act of June 30, 1932,
A retirel Coast Guard Officer em-
the combined rate of civilian compensa-
ployed as "seaman" (within the
tion and retired pay may not exceed meaning of the act of March 24, 1943,
$3,000 per annum unless the officer was
Public Law 17, 78th Cong.), on a vessel
retired for one of the reasons (dis- owned or operated by the War Shipping
ability incurred in combat with
Administration is not to be regarded as
within the limitation of section 212 of
enemy or disability resulting from an
explosion of an instrumentality of war)
the act of June 30, 1932 (decision,
November
excepting him from operation of the lim- Comptroller General,
3,
itation. If the combined rate exceeds
1944).
such limitation, and the officer is not
As to appointment of retired Army
within one of these excepted classes, officers under a provision authorizing
it is required that the civilian compen- employment "without other compensa-
sation be paid in full and that the de- tion from the United States,” see notes
ductions necessary to bring the com-
on page 432.
bined rate within the limitation be made
The restriction against the reappoint-
from the retired pay (21 Comp. Gen. mept of persons retired for age con-
1129, June 25, 1942). This maximum tained in section 204 of the act of
combined rate of $3,000 per annum in- June 30, 1932 (see page 129), relating
cludes only the basic compensation of to persons rendering civilian service for
the civilian office or position, plus re-
the Government prior to retirement,
tired pay, and does not include overtime and the similar restriction in section
compensation under the War Overtime 2 of the act of January 24, 1942 (see
Pay Act of 1943 (section 12 of the War page 129), relating to persons receiving
Overtime Pay Act of 1943, 57 Stat. 75, annuities under section 1 of the Civil
May 7, 1943). It does, however, in- Service Retirement Act, as amended,
clude the training allowance, in the form
are not applicable to retired officers of
of increased retired pay, paid pursuant the Arniy (23 Comp. Gen. 272, October
to the act of March 27, 1943 (Public Law 14, 1943).
16, 78th Cong.), to a disabled retired
Retired warrant officers.-A warrant
officer receiving vocational training with officer of the Army retired for disabil-
pay in a Federal agency (24 Comp. Gen. ity incurred in line of duty, who has
314, October 20, 1941).
had no service as a commissioned of-
*This limitation of $3,000 per an- ficer, may be appointed to a civilian
(January 11, 1945)
438.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
position in the Federal service without | civilian compensation already received
regard to the dual compensation act (21 Comp. Gen. 38, July 16, 1941).
(16 Comp. Gen. 232, September 12, A retired Army enlisted man whose
1936).
retired pay is so reduced as to exclude
Where the appointment and promo- the benefit he acquired under the act
tion of a retired Army warrant officer of June 6, 1924, to be retired as a
to a civilian position in contravention warrant officer on account of having
of the dual-compensation act of July served as a commissioned officer during
31, 1894, as amended, was never con-
the World War, may be employed as
summated by the payment of salary at a military instructor in the District
the rate for the new position, but the of Columbia public schools even though
eniployee was continued at the rate the salary rate of the civilian position
for his old position, the promotion may and his reduced retired pay exceeds the
be canceled and he may then be paid $3,000 per annum limitation of section
his retired pay for the period he held | 212 of the act of June 30, 1932 (21
the new position, in addition to the Comp. Gen. 72, July 24, 1941).
(Janufiry 11, 1945)
CONDUCT OF OFFICERS AND EMPLOYEES
439
Retired Army enlisted men.-Retired acted since this decision was rendered,
Army enlisted men are not subject to members of the Navy Nurse Corps may
the dual-compensation limitations of be appointed officers of the Navy (Pub-
the acts of July 31, 1894, May 10, 1916, lic Law 238, 78th Cong., February 26,
and June 30, 1932, except that under 1944), and members of the Army Nurse
the latter act an Army enlisted man Corps may be appointed officers of the
retired on account of service as a com- Army (Public Law 350, 78th Cong., June
missioned officer during the World War 22, 1944). As a result of Executive Or-
who accepts a civilian position must der 9454, July 10, 1944 (9 F. R. 7803),
have his retired pay reduced to a rate Army nurses holding relative rank of
not in excess of the rate he would have commissioned officers on July 10, 1944,
received he had retired on enlisted became commissioned officers as of that
service, only, if the combined rate of date, unless they declined commission
(letter to Commission from Office of the
the salary of the civilian position and
Surgeon General, War Department,
the retired pay computed on account August 31, 1944). The same order pro-
of commissioned service would exceed vided for the commissioning of female
$3,000 per annum (21 Comp. Gen. 72, dietetic and physical-therapy personnel
July 24, 1941).
of the Medical Department of the Army
*Retired Army and Navy nurses.- (exclusive of students and apprentices),
The Comptroller General held in a de- appointed under the provisions of the
cision of July 24, 1935, that a retired act of December 22, 1942 (56 Stat. 1072),
nurse of the Navy retired for disability on active duty in the Medical Depart-
is, within the inhibition of section 6 of ment of the Army on June 22, 1944.
the act of May 10, 1916, as amended (see
Duty at United States Soldiers'
page 426), being neither a retired of- Home.—The act of June 28, 1944 (Pub-
ficer nor a retired enlisted man within lic Law 374, 78th Cong.), provides that
the express exception to that statute. section 212 of the act of June 30, 1932,
The same principle would appear to ap shall not apply to retired military per-
ply to members of the Army Nurse sonnel on duty at the United States Sol-
Corps. However, under legislation en-diers' Home.*
NON-FEDERAL EMPLOYMENT OR FINANCIAL INTERESTS
OF PRESENT OR FORMER FEDERAL EMPLOYEES
*No officer or agent of any corporation, joint-stock company, or
association, and no member or agent of any firm, or person directly
or indirectly interested in the pecuniary profits or contracts of such
corporation, joint-stock company, association, or firm, shall be em-
ployed or shall act as an officer or agent of the United States for the
transaction of business with such corporation, joint-stock company,
t
.
(November 23, 1944)
SALARY ADVANCEMENTS WITHIN GRADE
457.01
serv-
sufficiently in excess of the salary which have accrued to them during their ab-
he received in the other agency to consti- sence had they remained in: civilian
tute an "equivalent increase in compen- service. This section applies, among
sation” within the meaning of the act; others, to persons who were
(0) From the time he received an ing under probational appointments,
increase to a corresponding rate in the whether for six months or one year,
other agency, if the rate at which re- when they entered military service. It
stored is not in excess of the rate which does not apply, however, to war-service
he received in the other agency (23 appointees, whose reemployment rights
Comp. Gen. 265, October 8, 1943; 23 are derived solely froin war-service reg-
Comp. Gen. 471, December 31, 1943; 23 ulation XIII and not from the Selective
Comp. Gen. 594, February 13, 1944). Training and Service Act or the act of
Employee transferred from position August 27, 1940, as amended (24 Comp.
not subject to eficiency-rating system.-
Gen. 288, October 9, 1944; decision,
See note on "Efficiency rating require- Comptroller General, January 3,
ments,” page 456.
1945).*
Employee on active military or naval
To be entitled to the benefits of sec-
duty.--A civilian employee on active tion 5 of the order, an employee must
military duty who becomes entitled to a have been restored in accordance with
within-grade salary advancement under all three of the statutory requirements
the act of August 1, 1941, 55 Stat. 614, entitling him to restoration, i. e.: (1) He
at the beginning of a quarter occurring must have received a certificate of sat-
within a period for which he is paid, con- isfactory service; (2) he must be physi-
currently with military pay, civilian cally and mentally qualified to perform
compensation for accumulated and cur-
the duties of the position; and (3) he
rent accrued annual leave granted pur- | must have applied within the period pre-
suant to the act of August 1, 1941, 55 scribed by statute. (For the statutory
Stat. 616, as amended, is entitled to be provisions imposing these requirements,
paid at the increased salary rate during see pages 137 and 138.) Section 2 of
War Service Regulation XIII requires
such period of annual leave from the
effective date of the salary advancement. | the agency concerned to reemploy any
There is no legal or accounting objec- person entitled to reemployment within
tion to the administrative recording of thirty days of his application for re-
employment. The employee must have
changes in the status of employees on
met all three of the statutory require-
military duty who, when restored to ments at that time, and if he has not
their civilian positions, under existing met all three requirements at that
law will be entitled to the benefit of any time--for example, if he is not physi-
reallocation of their positions, and who, cally and mentally qualified to perform
under Executive Order No. 8882, will be the duties of the civilian position-he
entitled to any automatic promotions is not entitled to the benefits of section
that would have accrued to them during | 5 of Executive Order No. 8882. if later
their absence had they remained in reemployed (decision, Comptroller Gen-
civilian service (21 Comp. Gen. 1007, eral, November 6, 1944).
May 11, 1942).
As to an agency's authority to restore ;
*Employees returning from active an employee who has met all three of
military or naval service.--Section 5 of the statutory requirements to a leave-
Executive Order No. 8882, quoted on without-pay status, in order to permit
page 449, provides for the granting to treatment of a condition arising out of
employees returning from active mili- military service, see page 142.01. Such a
tary or naval duty of periodic within period of leave without pay woull be
grade salary advancements that would treated like any other period of leare
(January 11, 1945)
457.02 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
without pay for purposes of the Presi- , the civilian service except the 30-day
dent's regulations governing the admin- non-pay status time authorized in sec-
istration of the within-grade salary ad-tion 2 (c) of the Executive order.
vancement plan.
A former employee who, upon dis-
A veteran who held “other than a charge from active inilitary or naval
temporary position", and who has met service, applies for restoration to his
all three conditions prescribed by law civilian position within the period
to entitle him to restoration to a civilian prescribed by section 8 (b) of the
position, and who actually is restored Selective Training and Service Act of
to a position in a different branch of 1940 to.entitle him to restoration "with-
the same department or agency or in out loss of seniority," but who, solely for
a different department or agency than personal reasons, delays in accepting or
the one from which he entered the refuses to accept reemployment, loses
armed forces, may count service in the his right to count his active military or
armed forces toward periodic within- naval service in computing longevity for
grade salary advancements . (decision, purposes of within-grade salary ad-
Comptroller General, November 24, vancement under the act of August 1,
1944).
1941.
*
* Where a former employee, otherwise
A former employee who, by failing entitled under the Selective Training
to apply for restoration to his civilian and Service Act of 1940 to restoration
position within the period prescribed to his civilian position after discharge
by statute, forfeited his right under from the Army, was precluded from im-
section 8 (b) of the Selective Training mediately returning to such position
and Service Act of 1940 (see page 138) upon application therefor because his
to restoration “without loss of seniority". discharge was conditioned upon em-
is not entitled, if subsequently reem- ployment in an essential war industry,
ployed, to the benefits of section 5 of including agriculture, he may, upon sub-
Executive Order No. 8882, issued pur-sequent restoration soon after he ter-
suant to the within-grade salary- Ininates his essential war industry serv-
advancement statute of August 1, 1941, ice, count his active military service in
which, in effect, authorizes the counting computing longevity for purposes of
of active military or naval service to-within-grade salary advancement under
ward within-grade salary advancements the act of August 1, 1941 (22 Comp.
as though such service had been civilian Gen. 969, April 14, 1943)..
service.
*Seasonal employees occupying per-
Where a former employee, upon dis- manent positions within the purview of
charge from military or naval service, the Classification Act, as amended, who
has met the conditions prescribed by work part time during each year, may
section 8 (b) of the Selective Training count toward periodic within-grade sal-
and Service Act of 1940 within the peary advancements under the act of Au-
riod prescribed by such section, but, gust 1, 1941, upon restoration to their
due to administrative procedure, was not
civilian positions after active military
actually reemployed until after expira-
tion of such period, he may count all service under conditions entitling them
of the military or naval service in com-
to reemployment benefits, periods of ac-
puting longevity for purposes of within- tive military service corresponding to
grade salary advancement under the act the average periods employed each year
of August 1, 1941, and Executive Order in their civilian positions, in accord-
No. 8882 issued thereunder; however, ance with the provisions of section 5 of
he may not count any of the period Executive Order No. 8882 (decision,
when not in a Federal pay status be- Comptroller General, December 11,
tween the military or naval service and I 1914).*
1
(January 11, 1945)
HOURS OF LABOR
474
per diem, per annum, or some other | 1943 (23 Comp. Gen. 35, July 19, 1943).
basis (based on 22 Comp. Gen. 641, Per diem, per hour, or piece-work
January 11, 1943).
employees of the Alaska Railroad
Where the total salary rate of a co- whose wage rates are fixed by negotia-
operative Federal employee, who works tion between railroad officials and
under supervision of the Federal Gov. employee organizations on the basis of
ernment during the entire period of his wage rates paid similar railroad em-
ployees in the continental United
service, is fixed by the Federal Govern- States, subject to approval by the Sec-
ment at rate prescribed by the Classi- retary of the Interior, may be re-
fication Act, although part of his salary garded as having their wages fixed and
is paid by a State or other cooperating adjusted by an administrative authority
agency, the total salary rate so fixed, serving the same purpose as a wage
rather than merely the portion paid by board within the purview of exception
the Federal Government, is to be re- (e) of the War Overtime Pay Act of
garded as "basic compensation” for the 1943, excluding from the benefits of the
purpose of applying the "overtime" act per diem and per hour employees
formula for increasing compensation whose wage rates are fixed by such
prescribed by the War Overtime Pay authority in accordance with local pre-
Act of 1943. However, if they leave vailing wage rates. Employees of the
Federal supervision during the time Railroad who, although their wages are
they are paid by the State and work adjusted in a similar manner, are paid
under State supervision, the increase in on a monthly or yearly basis, are ex-
compensation authorized by that act pressly included within the provisions
would be payable only for the period of the War Overtime Pay Act of 1943
the employees are under Federal super-by section 1 thereof (23 Comp. Gen.
vision. The fact that while paid by the 123, August 21, 1943).
State they work under State supervi-
* Contract officers or employees, as
sion is not sufficient in itself to remove distinguished from contractors
them from the overtime formula and ployed on a non-personal-service basis-
place them under the 15-percent ad generally those who do not work under
ditional compensation formula if they the supervision and control of the Gov-
work full time 48 hours per week- ernment-are entitled to the applicable
during all of the period they are under benefits of the War Overtime Pay Act
Federal supervision
and
properly
of 1943, whether working on a full-time
classed as Federal employees (based on
or intermittent basis. This is true even
22 Comp. Gen. 702, January 25, 1943, though the contract of employment ex-
and 22 Comp. Gen. 745, February 4, to overtime compensation (23 Comp.
pressly states that they are not entitled
1943).
Gen. 398, November 30, 1943; 23 Comp.
Laborers and mechanics whose rate Gen. 608, February 19, 1944; 23 Comp.
of compensation is fixed administra- Gen. 721, March 24, 1944).*
tively on a daily or hourly basis and
Consultants employed on a per diem
adjusted from time to time, as to whom
"when actually employed" basis,
the eight-hour law has been suspended whether employed under a contract, by
by Executive order authorizing overtime appointment to "excepted” positions, or
compensation to be paid on a daily basis by regular appointment to classified
at the rate of not less than one and one positions, are “civilian officers and em-
half times the basic rate of pay for all ployees
in
under the
hours of work in excess of eight, may be United States Government” within the
regarded as excluded from the provi- meaning of section 1 of the War Over-
sions of the War Overtime Pay Act of time Pay Act of 1943, entitled to the ap-
em-
**
or
(July 19, 1944)
474.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
plicable benefits of the said act (23 *Persons who are employed and
Comp. Gen. 17, July 12, 1943).
supervised jointly by the United States
Student nurses receiving stipends and British Governments on work of
fixed pursuant to the act of June 15,
the Anglo-American Caribbean Com-
1943 (Public Law 74, 78th Cong.), as
amended by the act of March 4, 1944 mission and who devote no particular
(Public Law 248, 78th Cong.), are, un period of their employment exclusively
der the terms of the latter act, not to the work of either government are
entitled to oyertime or additional com- not "officers" or "employees" of the
pensation under the War Overtime Pay United States within the meaning of
Act of 1943. This statutory provision the War Overtime Pay Act of 1943 (ile-
confirmed a ruling made by the Comp- cision, Comptroller General, November
troller General in a decision of Novem-
17, 1944).*
ber 10, 1943 (23 Comp. Gen. 358).
Student nurses at St. Elizabeths and
Employees on detail.–An employee
who is detailed from one position to an-
Freedmen's Hospitals who have
status as employees of the United other in the same department or
States acquired under existing em-
agency of the Government is entitled,
ployment procedure otherwise than during the period of the detail, to the
solely by enrolling in the student nurs- compensation fixed by laws and regu-
ing program authorized by the act of lations applicable to his regular posi-
June 15, 1943, are entitled to overtime tion rather than the compensation ap-
compensation as such employees under plicable to the position to which de-
the War Overtime Pay Act of 1943 (23 tailed (23 Comp. Gen. 145, August 28,
Comp. Gen. 436, December 14. 1913). 1943).
a
(January 11, 1945)
LEAVE OF ABSENCE
503.01
reemployment rights under section 4, agency believes, but does not know,
of war-service regulation IX and is card that the employee will be reemployed in
ried on leave without pay during service another agency in a permanent position
with the public or private enterprise within less than 30 days (23 Comp. Gen.
need not be regarded as separated from | 677, March 16, 1944).
his civilian position so as to require a Amount of refund for overdrawn
refund for overdrawn leave at the time leave upon separation from service.-
of such transfer.
While the regulations in force at the
The retirement of a permanent em- date of separation from the service are
ployee is, in general, to be regarded controlling in determining whether re-
as a final separation for purposes of re- fund of overdrawn annual or sick leave
fund of advanced leave. (In this con- is required or not, the amount to be re
nection, see note on “Granting of ad-funded for the overdrawn leave if re-
vance annual leave to emplcyee who is fund is required must be computed
to be retired,” page 502). However, a under the leave regulations in effect
retirement for age is not to be regarded when the leave was taken (17 Comp.
as a final separation for this purpose if Gen. 895, May 2, 1938; 18 Comp. Gen,
followed by reappointment the next day 383, October 27, 1938; 20 Comp. Gen.
under authority of the Civil Service | 154, September 16, 1940; 23 Comp. Gen.
Retirement Act, as amended. *In such 677, March 16, 1944).
a case, the provisions of section 1.6 of In computing the indebtedness of an
the annual and Sick Leave Regulations employee for overdrawn or excess an-
would be for application upon the em- nual or sick leave taken over a period
ployee's subsequent separation from prior to January 1, 1944, under the an-
the service, and the refund, if required nual and sick leave regulations effective
by that section, would be for all annual during the period January 1, 1940,
and sick leave used but unaccrued dur-through December 31, 1943, there is not
ing the entire period of service, whether required to be refunded compensation
before or after the original retirement for Sundays and holidays occurring
(based on 18 Comp. Gen. 13, July 6, within the period of excess annual or
1938; 21 Comp. Gen. 694, January 20, sick leave. On the other hand, the
23 Comp. Gen. 677, March 16, amount required to be refunded for
1944; 23 Comp. Gen. 837, May 2, 1944; overdrawn or excess annual or sick
23 Comp. Gen. 842, May 4, 1944).
leave for a period beginning on or after
If an employee is indebted for over- January 1, 1944, is the total ainount of
drawn annual or sick leave at the time compensation actually paid for the en-
of his resignation in one agency, and tire period of the overdrawn or excess
the agency believes, but does not know, leave which was advanced, including
that the employee will be reemployed in compensation for Sundays and holidays
another department or agency without occurring within the period of such
a “break in service" (that is, within less leave (23 Comp. Gen. 638, February 29,
than 30 days), a collection for over- 1944; 23 Comp. Gen. 677, March 16,
drawn leave should be made from the 1944).
employee's last salary check in accord-
In determining the amount of the re-
ance with the provisions of section 1.6 fund for overdrawn annual or sick
of the Annual and Sick Leave Regula- | leave, refund of a full day's compensa-
tions, instead of withholding action tion should not be required for absence
pending information as to the em-
on a fraction of a day (based on 16
ployee's reappointment in another Comp. Gen. 854, March 15, 1937).
agency without break in service. Simi- Where Victory Tax or withholding
lar action should be taken where a tem- tax was deducted from the compensation
porary employee resigns while indebted paid the employee for the period of un-
for overdrawn sick leave and the liquidated overdrawn leave, he should
1942;
(January 11, 1945)
503.02 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
be required to refund, in addition, only but if the employee resigns before such
the portion of his salary other than the an indebtedness has been liquidated, the
Victory or withholding tax. ' *In de balance would be properly for liquidat-
termining the amount of the tax deduc- ing by set-off against any salary due
tions thus excluded, the same inethod him (19 Comp. Gen. 705, February 5,
should be used as was used in comput- 1940).
ing the deductions for the salary paid (0) Employees who leave the serv-
during the advanced leave.* The ice.—The primary method provided by
amount represented by the Victory or the revised Leave Regulations for col-
withholding tax must be returned to lecting refunds for overdrawn leave
the (lepartmental appropriation from from employees who leave the service
the internal-revenue collections, and without making refund voluntarily is
the matter should be referred to the through deduction from any salary due
Claims Division of the General AC- the employee. The revised regulations
counting Office for appropriate action. appear to contemplate that the retire-
In such cases the former employee has | inent fund shall not be generally used
no right or title to any part of the for this purpose as it was in the past.
amount of the Victory or withholding | As a result of amendments to the Retire-
tax withheld from his salary during ment Act, no Government claim may be
overdrawn leave (based on 22 Comp. collected from the retirement account
Gen. 1046, May 18, 1913; 23 ('omp. Gen. of an employee separated from service
16, July 10, 1943; *24 Comp. Gen. 105, after serving as much as five years until
he dies or receives annuity payments,
August 12, 1944).*
Method of collecting refunds.-(a) unless he elects to withdraw the par-
Employees who remain in the service.-
tial refund to which he may be entitled.
Collections from employees for over-
This would necessarily limit the use
drawn annual leave in any calendar
of the retirement fund for making col-
lections for overdrawn leave even if
year should be made as soon as possible
there had been no change in the Leave
during the next year by deduction from
the first and subsequent payments of
Regulations.
A claim for overdrawn leave may still
compensation due the employee for
services rendered, but where it is de be filed against an employee's retire-
ment account.
termined administratively that
the
However, any such
financial condition of the employee
claim otherwise proper for collection
must now fall into the same category
clearly justifies such action, the deduc-
tions from compensation may be made ernment in that the employee may pro-
as any other indebtedness to the Gov-
in installments not to extend beyond the
test the set-off and have his clair
current year—due regard to be given to reviewed by the General Accounting Of-
protecting the interest of the United fice. (As to Government claims for $10
States in the event of possible death or
retirement of the employee during the Service Commission Forin 3037 is used
or less, see notes on page 290.01.) Civil
year-and no charge should be raisel by agencies in filing claims with the
in such cases against the retirement Commission for leave reimbursements
fund as long as the employee remains from retirement accounts. The Com-
in the service (19 Comp. Gen. 705, Feb-mission will be guided by reports from
ruary 5, 1940).
the departments or establishments con-
Where an employee dies before his in- cerned giving the detailed information
debtedness for overdrawn annual leave required for examination and determi-
in the prior calendar year has been nation of the indebtedness (Commis-
liquidated in full, the balance of the in- sion's retirement circular No. 111, June
debtedness is automatically canceled, 12, 1944).
(January 11, 1945)
LEAVE OF ABSENCE
523
Sec. 2. Any employee specified in section 1 who may be called upon
for jury service in any court of the United States shall not receive
any compensation for such service.
SEC. 3. There shall be credited against the amount of compensa-
tion payable by the United States to any employee specified in section
1 for such period as such employee may be absent on account of jury
service in the court of any State any amounts which such employee
may receive from such State on account of such jury service (54 Stat.
689, June 29, 1940; 5 U.S. C. 1940 ed. 30n et seq.).
From and after the passage of this act employees of the Govern-
ment of the United States in active service who are called upon to
serve as witnesses on behalf of the District of Columbia in any court
proceeding in which the government of the District of Columbia may
be a party and employees of the government of the District of Colum-
bia who are called upon to serve as witnesses on behalf of the United
States or the District of Columbia in any court proceeding in which
the Government of the United States or the government of the Dis-
trict of Columbia may be a party, shall not be paid witness fees for
such service, but the period of such service shall be without loss of
salary or compensation and shall not be deducted from any leave of
absence with pay authorized by law (55 Stat. 737, October 14, 1941;
5 U.S. C. 1940 ed., supp. II, 30n-1).
NOTES ON COURT LEAVE
Persons entitled to jury leave.--The However, where an employee is sum-
phrase "employee of the United States” monell for jury duty for an extended
appearing in the act of June 29, 1940, 54 term and is excused or discharged by
Stat. 689, means a regular permanent the court during such tern for an in-
employee of the United States excluding definite period subject to call by the
temporary, substitute, and “when ac- court or for a dcfinite period in excess
tually employed” personnel (20 Comp. of one day, the "term" of such jury
Gen. 133, September 7, 1940; 20) Comp. service is regarded as having been cur-
Gen. 145, September 11, 1940). It in- tailed or reduced by the court to the
cludes postmasters of all classes (21 extent of the days for which the court
Comp. Gen. 191, September 3, 1941). has excused or discharged the employee
Duration of jury leave.—The "term" from jury service, and for such days
of jury service for purposes of the act court or jury leave of absence with pay
of June 29, 1940, may be determined as is not authorized (20 Comp. Gen. 181,
extending from the date stated in the October 1, 1940).
summons on which the officer or em- Postponement of furlough or separa-
ployee is required to report to the court tion date to grant leave for witness or
until he is discharged by the court. jury duty.See notes, p. 517.
The number of hours per day or days *Rate of compensation during absence
per week he actually serves on the jury for jury duty..Per diem and per hour
during the period is immaterial. (See employees subject to the forty-hour
20 Comp. Gen. 131, September 6, 1940.) I week statute of March 28, 1934 (see
(July 12. 1944)
LEAVE OF ABSENCE
524
as
page 464.01.), who, under the present The cleduction from jury fees must
work schedule, are required to work be made even though the employee, un-
regularly six eight-hour days per week, der State law, was not otherwise reim-
instead of the five days required under bursed for expenditures from personal
normal conditions, for which overtinie funds for transportation and subsistence
rates of compensation are paid in ac- en route to answer the jury summons
cordance with the statute for the sixth (21 Comp. Gen. 1148, June 30, 1942).
day of work, may be paid overtime com-
*The provision of section 3 of the act
pensation for a sixth day of the week on of June 29, 1940, which requires the
which they are required to serve on a crediting of fees received by a Federal
jury (23 Comp. Gen. 904, May 30, employee for jury service in a State
.1914).
court against the amount of compensa-
Prohibition against receipt of com- tion payable by the United States “for
pensation for jury service in Federal such period as such employee may be
courts.-Section 2 of the act of June absent on account of jury service," has
29, 1940, does not preclude allowing no application to jury fees received by
to employees serving as jurors the an employee compensated on
i
per
mileage payments and meals and lodg-diem--as distinguished from per an-
ing in kind authorized by law for num-basis who performed jury service
jurors, in addition to their regular in a state court on days on which he
compensation employees of the worked his entire tour of duty for
United States, but does preclude pay- which he was compensated by the
ment of the per diem allowance for | United States (decision, Comptroller
each day's attendance in court and for General, December 13, 1944).*
travel time prescribed by section 2 of
Appearance as witness for the Federal
the act of April 26, 1926 (20 Comp. Government.--Under the provisions of
Gen. 145, September 11, 1940). Em- section 850, Revised Statutes (28 U. S. C.
ployees who are in a nonpay status 1940 ed. 603), it has been held that a
when called for jury service, or who | Government employee who in obedience
are not entitled to leave and must em- to a subpoena or direction by proper au-
ploy substitutes while serving as jurors, thority appears as a witness for the
are not subject to section 2 of the Government in court proceedings is not
statute, and are entitled to the per to be regarded as on leave of absence
diem of $4.00 for each day's attendance with pay but should be treated as in the
in court and for time necessarily oc- performance of duty under his employ-
cupied in going to and from court, ment (19 Comp. Gen. 716, February 9,
provided in title 28, section 600 (b) 1940, citing 4 Comp. Gen. 91, July 19,
of the United States Code (20 Comp. 1924, and 7 Comp. Gen. 690; May 2,
Gen. 276, November 22, 1940).
1928). Cf. note on “Granting of leave
Deductions from fees for jury serv- other than annual leave," page 517.
ice in State courts.--In case The prohibition in section 850, Re-
should the amount collected or devised Statutes, against the payment of
ducted under section 3 of the act of “other compensation in addition to his
June 29, 1940, on account of jury fees salary' to a Government employee while
received by the employee exceed the acting as a Government witness is not
amount of salary compensation
to be regarded as a restriction upon em-
otherwise payable to the employee for ployees who serve without compensation
the period of his absence on account under special authority (21 Comp. Gen.
of jury service (20 Comp. Gen. 209, 856, March 20, 1942). An officer or em-
October 24, 1940). (See also 20 Comp. ployee receiving nominal compensation
Gen. 145, September 11, 1940, and 20 of $1 per annum, however, would not be
Comp. Gen. 550, March 24, 1941.)
entitled to any fee or coinpensation in
no
Or
(January 11, 1945)
524.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
as
а
addition to his $1 a year salary, al- ceding note apply to cases where Gov-
though he would be entitled to reim- ernment employees are subpenaed to
bursement for traveling expenses or testify as witnesses for the Govern-
mileage and per diem in lieu of sub-ment. They do not apply to cases where
sistence under section 850 (22 Comp. such employees are subpenaed in private
Gen. 743, February 4, 1943).
litigation or by some party other than
When a member of the armed forces the Government. "In cases of the latter
is summoned to testify for the United
type, uncompensated employees are not
States in a civil (as distinguished from to be regarded as in a duty status ; are
a military) proceeding as to matters not entitled to fees or traveling expenses
which constituted a part of his official from the funds of the employing agency;
duties while serving as an employee of from the funds of the employing agency;
another department, he is not entitled and may retain any fees and allowances
to any fee or compensation in addition payable to witnesses generally for ap-
to his compensation for service in the pearance before the court. The same is
armed forces, although he is entitled to true of salaried employees when sub-
reimbursement for traveling expenses or penaed to testify as individuals, rather
mileage and per diem in lieu of subsist- than in their official capacity; but where
ence under section 850 of the Revised the value of the salaried employee's
Statutes. Such reimbursement should testimony as a witness in private litiga-
be made from appropriations of the De- tion arises from his official capacity and
partment of Justice, and not from those he is subpenaed solely because of and to
of the department concerned (22 Comp. testify in that capacity, he may be
Gen. 1074, June 4, 1943).
regarded
in duty and
and pay
*Formerly, the traveling expenses of status during the period of his neces-
Federal personnel called to testify on sary absence in responding to such
behalf of the United States were, in gen- subpena. No witness fee is payable
eral, payable from appropriations of the to such employee by the United States,
employing agency (as distinguished and no travel expenses are payable by
from those of the Department of Jus- the employing agency, as such.
tice) only where the information re-
Salaried employees who
employees who are sub-
garding which testimony was given had penaed to testify in their official ca-
been gained through investigative activ-
pacity before State courts in behalf of
ities of the employee in the regular a private party are required to col-
course of his employment. This rule
has been modified by the act of Decem- | lect all authorized witness fees and al-
ber 24, 1942 (56 Stat. 1088; 28 U. S. C. lowances and deposit any amount so
1940 ed. 604), amending section 850, collected in excess of their actual ex-
Revised Statutes, so as to permit such penses as to the credit of miscellane-
payment where it is clearly shown that ous receipts. Such accounting is not
the information regarding which testi- required where the employee is sub-
mony on behalf of the United States is penaed to give such testimony before a
given was gained through actual per- United States court and receives no
formance of the employee's regular emolument from any source other than
duties, even though no investigative his regular salary and any travel ex-
duties were involved (23 Comp. Gen. 658, penses which may be payable under
March 8, 1944).
Federal statute by the Justice Depart-
Appearance as witness for private ment (23 Comp. Gen. 628, February
party.—The rulings set forth in the pre- 126, 1944).*
(July 12, 1944)
Jķ
633
A
22
CIVIL SERVICE ACT AND RULES
TRANSMITTAL SHEET NO. 30
January 18, 1945
These sheets should be cut or torn apart along the perforations.
They should then be substituted as shown on the back of this page for
pages of the loose-leaf edition of the "Civil Service Act and Rules:
The steps in making the insertions are explained on page XX of the
introductory chapter, "How to Use This Book." The date of this trans-
mittal sheet and the date of filing should then be noted on the "Filing
Record" at the front of the book, and this page should be filed imme
diately behind Transmittal Sheet No. 29.
Please make the following changes in the paragraph which runs
over from the foot of the left-hand column to the top of the right-hand
column on page 82.01:
Change "establish a national priority rating of 'C' for that service"
to "place that service in category 5."
Change "The 'C' rating" to "This rating."
Strike out the sentence reading: "Top priority classifications are re-
served for establishments engaged in a 'must' program as determined
by the Production Executive Committee of the War Production Board."
When this filing has been completed, and these changes have been
made, pages 1 to 220, 247 to 260, 285 to 365, and 377 to 525 will be up
to date as of January 18, 1945.
Remarks
Additions have been made on pages 41.01, 41.02, 199, 350; 350.01,
470.01, and 476.
Deletions have been made on pages 110, 198, 199, and 349.
Changes have been made on pages 41, 62, 101, 110.01, 143, 197,
199, 199.01, 470.01, 476.01, and 477.
The deletions on pages 198 and 199, as well as most of the changes
on those pages and on page 199.01, have been made because of
recent decisions of the Comptroller General interpreting the act of
December 21, 1944. (This act appears on page 483.01.) Further
changes on other pages necessitated by these decisions will be made
in the next installment. It is believed that the nature of all other
changes will be obvious upon comparison of the old with the new
pages.
627376 0-45
TRANSMITTAL SHEET NO. 30 (January 18, 1945)
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NOTE.—Pages of the October 31, 1943, edition bear no edition date in the
lower outside corner.
DEPOSITED BY THE
UNITED STATES OF AMERICA
WAR SERVICE REGULATIONS
41
FEB 23:45
REGULATION XIII
RESTORATION OF PERSONS HAVING REEMPLOYMENT
RIGHTS 78
SECTION 1. Persons discharged from the military or naval service.79
Any civilian employee of the executive branch of the Government who
has left or leaves his position (other than a temporary position) in
order to perform active military or naval service for the United States,
and (a) is honorably separated from active military or naval serv-
ice, and (b) is still qualified to perform the duties of his position and
(c) makes application for reemployment in such position within
*ninety* days after his separation from active military or naval serv-
ice, *or within ninety days after discharge from hospitalization which
continues after separation from active military or naval duty for a
period of not more than one year, shall be entitled to the following
reemployment benefits: 80
(1) He shall be reemployed in any position to which, according to
the records of the agency, and according to the promotion regulations
then in effect, he would have been promoted if he had not been absent
to perform military or naval service;
(2) If such position does not exist, he shall be restored to the posi-
tion which he held at the time of his entry into the military cr naval
service;
(3) If neither of the positions referred to in (1) or (2) exists, he
shall be restored to a position comparable as to seniority, status, and
pay with the position which he held at the time of his entry into the
military or naval service.
This section shall apply to employees who were originally
appointed for the duration of the war, or for the duration of the war
and six months thereafter: Provided, however, That such employees
shall not be required to be retained in employment beyond the limi-
!
78 The act of June 23, 1943 (57 Stat. 162; 50 (App.) U. S. C. 1940 ed., supp. III, 1472;
see page 136), granting reemployment benefits to Federal employees who have served in
the merchant marine, is administered and enforced by the Administrator, War Shipping
Administration.
To See notes on this subject on p. 136.02. As to employees who had transferred before
entering the armed forces, see section 5 (c) of war-se!vice regulation IX, p. 36, and War
Manpower Commission Directive X, p. 15. As to the authority for this regulation, see
p. 139.
*80 As amended by departmental circular No. 493, supplement 7, January 17, 1945
(10 F. R. 695). The amendment corresponds to an amendment to section 8 of the Selective
Training and Service Act of 1940, and related legislation, made by the act of December 8,
1944 (Public Law 473, 78th Cong.).
(January 18, 1945)
41.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
9781
tation placed upon their original appointments: Provided further,
That no permanent employee shall be removed, nor shall any perma-
nent employee be denied reemployment under this Regulation, in order
that any employee who was originally appointed for the duration of
the war, or for the duration of the war and six months thereafter,
may be reemployed under this Regulation.
Any person restored pursuant to this section shall be restored
without loss of seniority rights or other rights dependent upon length
of service.
SECTION 2. Time limit.—Any person who is entitled to reemployment
in the Government service under section 1 of this Regulation, or under
any provisions of Regulation IX, shall be reemployed as provided in
these regulations within thirty days of his application for reemploy-
ment. In the event the employee cannot establish proof of honor-
able separation from the armed forces he may be restored to duty
“subject to proof of honorable separation.
Sec. 3. Establishing proof of discharge from military or naval service.-
When a person entitled to reemployment in the Government service
after active military or naval service is restored to duty the agency
concerned shall submit proof of separation from such service and
Preference Form 14. *In departmental cases the proof and Prefer-
ence Form 14 should be forwarded to the Preference Sub-Unit, Cen-
tral Office, U. S. Civil Service Commission, Washington 25, D. C.,
and in field cases to the appropriate field office of the Commission.82
SEC. 4. Transfer of functions.-Whenever a function or activ-
ity is transferred from one agency to another agency or agencies,
arrangements shall be made by the agencies involved and, when nec-
essary, by the Civil Service Commission and the Bureau of the Budget,
for the receiving agency or agencies to assume the reemployment
obligations to those former employees who left such function or activ-
ity in order to enter the armed forces. The agency to which the re-
81 In the case of Hall v. Union Heat, Light, and Power Co. (53 F. Supp. 817), decided
in the District Court for the Eastern District of Kentucky, Covington Division, February
21, 1944, an employee of a private corporation who was entitled to the benefits of section
8 (b) of the Selective Training and Service Act had been restored to duty and pay, but
after a delay of more than three months from the date of making application for restora-
tion. The court held that it had jurisdiction to entertain an independent action to
recover wages or salary that would have been earned had he been reemployed when he
first made application. This indicates that the courts look with disfavor upon undue
delay in restoring to duty. an employee entitled to the benefits of section 8 (b).
*82 As amended by departmental circular No. 493, supplement 7, January 17, 1945
(10 F. R. 695).
(January 18, 1945)
WAR SERVICE REGULATIONS
41.02
*
employment obligation is transferred, together with the function,
should notify the employee either through a copy of a regular journal
or through a special letter that the employee's reemployment rights
pertain to such agency.
Similar steps shall be taken by the head of an agency in connec-
tion with the transfer of functions or activities within his agency
whenever this will assist the agency and the veteran in identifying
the office having primary responsibility within the agency for his
reemployment.83*
REGULATION XIV
WAR REEMPLOYMENT LIST
SECTION 1. The following persons shall be eligible to apply for entry
of their names on the War Reemployment List:
All present or former civilian officers and employees (except tem-
porary employees appointed for a definitely limited period of one
year or less), of the Executive Branch of the United States Govern-
ment, the District of Columbia Government, or the Administrative
Office of the United States Courts, who are unqualifiedly recom-
mended for further Federal employment, have satisfactory service
histories, have not been reemployed (except under temporary appoint-
ment) in the Federal service since becoming eligible to apply, and
(a) who on account of reduction in force will be, within 3 months,
or have been, within one year, separated from the service or fur-
loughed for 3 months or more; or
(6) who, having been transferred with reemployment rights under
the provisions of Executive Orders 8973 or 9067 or Directive No. X
of the War Manpower Commission, are eligible under the provisions
of such Executive orders or Directive to apply for entry of their names
on the War Reemployment List and make application within one year
of separation from the activity to which so transferred, or
(c) who, having entered the armed forces or the merchant marine
from a Federal civilian position, or from a position in public or pri-
vate enterprise to which transferred with reemployment rights by the
Commission, have been honorably separated or granted certificates of
substantially continuous service and make application within one year
of separation from the armed forces or release from the merchant
marine; or
88 As added by departmental circular No. 493, supplement 7, January 17, 1945 (10 F. R.
695).
(January 18, 1945)
41.03 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
(d) who have within one year been separated from the service due
to the return to duty of employees who entered the armed forces or
the merchant marine or who were transferred with reemployment
rights; or
(e) who, having elected to remain in the same city because of per-
sonal or family reasons when the Government agencies or organiza-
tional units by which they are presently or were formerly employed
were ordered to move to another city beyond normal commuting dis-
tance, (1) are currently or within three months are to be on terminal
leave from such agencies or organizational units, or (2) have been
separated from the service because of the removal of such agencies or
organizational units, provided application is made before or within
one year after the date of such removal.
Sec. 2. The Commission may also enter on this list the employees
who are entitled to preference under these regulations and who, it
finds, have been unjustifiably dismissed or furloughed without pay.84
84 Based on section 14 of the Veterans' Preference Act of 1944 (Public Law 359, 78th
Cong., June 27, 1944 ; p. 10).
(January 18, 1945.)
NOTES ON FILLING AND VACATING POSITIONS SUBJECT
TO THE WAR SERVICE REGULATIONS
GENERAL NOTES ON THE WAR SERVICE REGULATIONS
were
Authority for the war-service regula- porated into the regulations a provision
tions.-The authority for the war-serv- of departmental circular No. 255, re-
ice regulations is comprised in the Vet- vision 1, of December 23, 1941, except
erans' Preference Act of 1944 (Public that previously this policy had applied
Law 359, 78th Cong., June 27, 1944; see only to examinations
examinations which
page 10); Executive Order No. 9063 of open to competition while the 5-point
February 16, 1942 (see page 11); Exec-preference applicant was in the mili-
utive Order No. 9243 of September 12, tary or naval service. The other
1942 (see page 12); and War Man-changes set forth in the note on "His-
power Commission Directive No. X of torical development of the regulations"
September 14, 1942 (see page 13). were effective October 23, 1943.
*Effective date of the regulations. Historical development of the regu-
Departmental circular No. 493, of July lations.—Persons interested in the his-
3, 1944, promulgated a complete revi- torical development of the war-service
sion of the war-service regulations. regulations up to October 31, 1943, may
This revision, as such, was effective consult the October 31, 1943, edition of
June 27, 1944, except that section 2 (a) this pamphlet. Amendments after July
of Regulation IX was effective as of 3, 1944, when the regulations were re-
March 29, 1944, and section 11 of Reg-vised in their entirety, will be shown in
ulation IX was a clarification of policy footnotes to the individual regulations.
that had been effective since February The changes made between October 31,
27, 1942 (departmental circular No. 493, 1943, and July 3, 1944, are shown below.
July 3, 1944).
References to sections and regulations
Many provisions of the revised regu- are to the sections and regulations as
lations, however, were identical with they stood at the tiine of the change,
provisions which had appeared in the and not as later renumbered or revised.
regulations prior to the revision. The Section 2 of Regulation I
effective dates of those provisions amended by departmental circular No.
were formerly shown in footnotes to 453 of November 25, 1943 (8 F. R.
individual sections and in this note, 15807), to read as follows:
and may be ascertained by the study of "Competitive examinations for orig-
such notes in the October 31, 1943, edi-inal appointment will be held at such
tion of this book. It would only be times and places and in such manner
confusing to continue to carry notes on as the needs of the service require.
changes made prior to the issuance of Troin applicants granted ten-point pref-
clepartmental circular No. 493, as that erence the Commission will accept at
circular malle many changes in the any time applications for examinations
framework of the regulations. Certain for which there are existing lists or
changes in the regulations which were for which lists are about to be estab-
made between October. 31, 1943, and lished. From applicants granted five-
July 3, 1944, are set forth in the note point preference, the Commission will
on "Historical (levelopment of the reg. accept at any time within six months
ulations," below. The amendment to after their discharge from the armed
section 2 of Regulation I merely incor- 1 services their applications for examina-
was
42
(July 3, 1944)
NOTES ON EXAMINATIONS AND ADMISSION THERETO
62
re-
established or, if not, as soon as it is (CAF-3) will be withdrawn if he is ap-
established.
pointed to a position as stenographer
If an application is received from a (CAF-2). The same rule will be fol-
person granted preference for reopen- lowed in the case of persons whose
ing of an examination for a position names appear on registers for typist
for which an open competitive exami- (CAF-1) and who apply for reopened
nation has closed but for which there is examinations for typist (CAF-2)
still an old register from the reopening (Commission's minute 2 of July 17,
of which he would derive benefit, the 1939).
application will be considered under When a person is serving in a classi-
the old announcement unless request fied position as a result of eligibility ac-
is specially made for a reopening of quired through an open competitive ex-
the new examination (Commission's amination or a reopened examination,
minute 2 of February 25, 1939). an application from him for reopened
Whether or not he files for a posi- examination for the same register from
tion for which a register is maintained which he was appointed will not be ac-
or about to be established, a prefer- cepted (Commission's minute 4 of
ence applicant's application for
March 9, 1938).
opened examination will be carefully Physical requirements for reopened
studied to determine his qualifications examination. — Applications for re-
as indicated by the training and ex- opened examinations from disability-
perience shown, and will be recorded preference applicants who are unable to
for other kinds of positions for which meet the announced physical require-
he seems to be qualified. His record ments will be canceled unless the eligi-
will then be made available to Federal ble register on which they seek entrance
agencies when they desire to fill vacan- has a known or prospective use in filling
cies for which his training or experi- vacancies for which the physical condi-
tion of the applicant is acceptable
ence, or both, may fit him.
(Commission's minute 6 of March 5,
Number of times an examination may
1941).
be reopened.-"Hereafter examinations
*Period of eligibility from reopened
will not be reopened to a given indi-
examination.--Section 4 of war-service
vidual more than a second time under a
regulation III (puge 24.01) guarantees
given announcenient" (Commission's
minute 2 of March 20, 1933). If the in- wise provided in section 4 (now 3] of
one year of eligibility, except as other-
dividual attains an eligible rating, the regulation IV, where such eligibility was
examination will not be reopened again acquired as a result of a reopened ex-
under the same announcement. How-amination under section 2 of regula-
ever, a person whose name appears on
tion I.*
a register for stenographer (CAF-2)
SPECIAL EXAMINATIONS AND
and who applies for a reopened exami-
RE-EXAMINATIONS
nation for stenographer (CAF-3) will
be authorized to enter such examination Reopened examinations for. persons
if he meets the requirements, but will granted preference.-See section 2 of
be placed definitely on notice that any war-service regulation I and notes on
eligibility acquired as stenograplier | page 21.01.
(January 18, 1945)
62.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
Examinations for persons employed of applications for which closed during
abroad. in excepted positions.-Em-their absence, immediately upon their
ployees of the Government serving in return to the continental United States
excepted positions abroad, who apply (Commission's minute 1 of May 15, 1936,
informally by letter for an examina- and minute 4 of April 10, 1937).
tion during the time permitted for the Designation examinations for Mili-
filing of applications by the terms of tary and Naval Academies.—The Com-
the examination announcement, may mission is authorized to test the quali-
make formal application for and take fications of applicants for designation
examinations for positions, the receipt for appointment in the United States
1
(September 7, 1944)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT
101
Employees on military furlough.-A cured in such cases only if the tempo-
person who enters the active military rary appointment exceeds or is extended
or naval service of the United States, beyond six months. Certain other forms,
after May 1, 1940, will not be regarded discussed elsewhere in this section, may
as the incumbent of a position in the be required in certain cases. *
classified civil service, within the mean- Form 2390 should be transmitted di-
ing of section 9 of the Civil Service Act, rect to the Federal Bureau of Investi-
during his term of military service, re- gation, as explained on page 103 ; Forms
gardless of whether he is actually sep- 61 and 2413 should be retained in the
arated from his civilian position or is employing agency. (As to disposition
carried on furlough or leave without of Form 2413 where objections are made
pay. In conformity with the Attorney to eligibles on grounds of physical un-
General's opinion of April 11, 1919 (31 fitness, see page 86.02).
Op. Atty. Gen. 449), section 9 of the As to the obtaining and disposition
Civil Service Act will not be construed of forms where appointees are secured
to defeat the right of any person to through direct recruitment, see page
mandatory reinstatement to the classi- 48.01.
fied service under any applicable law, No person should be placed on duty
Executive order, or civil-service rule if the papers named above, or others
requiring reinstatement after discharge discussed elsewhere in this annotation,
from the military or naval service indicate that he does not meet the re-
(Commission's minute 6 of December 26, quirements (departmental circular No.
1941; departmental circular No. 310, 162, April 19, 1938; departmental cir-
January 16, 1942). See also note on cular No. 323, revised, March 30, 1942;
"Preference eligibles”, page 99.
*departmental circular No. 409, Febru-
Correction of erroneous certification ary 17, 1943).*
involving disregard of the members-of- Photographs should not be required
family restriction. See notes on page in connection with any form submit-
87.
ted to the Commission. The Commis-
sion urges all departments and agencies
FORMS REQUIRED IN CONNECTION WITH to discontinue the practice of requir-
ORIGINAL APPOINTMENTS
ing photographs in connection with
Civil Service Commission Form 2390 forms used within the agency (depart-
(fingerprint chart), Civil Service Com- mental circular No. 449, November 10,
mission Form 2413 (medical certifi- 1943).
cate), and Standard Form 61 (oath of Offers of appointment.--Section 1 of
office, personnel affidavit, and declara-war-service regulation V provides:
tion of appointee) must be secured in “An eligible selected for appointment
connection with indefinite appointments shall be duly notified in writing by the
unrler the war-service regulations. appointing officer."
*Standard Form 61 should also be se- Ordinarily, inquiries of availability
cured in connection with temporary ap- are sent by the appointing officer to all
pointinents under the war-service regu- eligibles being considered for appoint-
lations (appointments whose duration is ment, and the offer of appointment is
specifically limited to one year or less), not sent until a final selection has been
but Form 2413 need not be secured in made. The procedure in sending such
such cases, and Form 2390 need be se- I inquiries is set forth on page 84.
(January 18, 1945)
101.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
However, when tentative selections can Where special physical requirements
be made promptly upon receipt of the have been established for a position,
list of eligibles from the Commission, offers of appointment or notices to re
the eligible who is selected may be sent port for work will specify these require-
an immediate offer of appointment ments, and will advise the prospective
without a preliminary inquiry concern appointee not to report unless he meets
ing his availability (departmental cir- such requirements (departmental cir-
cular No. 273, July 21, 1941).
cular No. 323, revised, March 30, 1942).
(January 18, 1945)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT
110
*
*
ment itself stipulating the taking of regulations, appointing officers should
the oath of office as a condition prece- definitely state that the position is for
dent to make the appointment effective. temporary appointment of one year or
False statement of officer concerning less duration (departmental circular No.
oath taken before him.-The act of 323, revised, March 30, 1942).
March 4, 1909 (35 Stat. 1094; 18 U. S. Unless otherwise indicated, the war-
C. 1940 ed. 75), provides as follows: service regulations are generally appli-
“Whoever, being an officer author- cable to témporary appointments. When
ized to administer oaths or to take and it is practicable to do so, certification
certify acknowledgments, shall. know- shall be made for filling temporary po-
ingly make any false acknowledgment, sitions. When certification is made, the
certificate, or statement concerning the certification and appointment provisions
appearance before him or the taking of of the regulations are applicable to tem-
an oath or affirmation by any person porary as well as indefinite appoint-
with respect to any proposal, contract, inents. When certification is not prac-
bond, undertaking, or other matter, sub-| ticable and authority is delegated to ap-
mitted to, made with, or taken on be pointing officers to make temporary ap-
pointments outside the eligible list, the
half of, the United States, and concern-
appointing officers must give first con-
ing which an oath or affirmation is re-
sideration in making such appointments
quired by law or regulation made in pur- to those persons entitled to preference
suance of law
shall be fined under the war-service regulations (de-
not more than $2,000, or imprisoned not partmental circular No. 493, July 3,
more than 2 years, or both."
1944; action of Commission, July 26,
1944),
TEMPORARY APPOINTMENT
Only eligibles. who are immediately
Definition of term "temporary ap- available for temporary appointment
pointment".--Within the meaning of the will be certified for temporary job va-
war-service regulations, a "temporary cancies in the departmental service in
appointment” is an appointment for a Washington, D. C. (Commission's min-
period specifically limited to one year utė 2 of May 20, 1940).
or less (departmental circular No. 323, * *
revised, March 30, 1942).
Members of family.—The members-of-
Short-term appointments.--See sec- family requirement of the Civil Service
tion 4 of war-service regulation V, page Act (see page 99) does not apply to
28.01.
appointments under the war-service
Period of eligibility for temporary regulations for periods specifically
appointment.--The period of eligibility limited to one year or less (depart-
for temporary service will be limited to mental circular No. 323, revised, March
that for permanent service (Commis- 30, 1942).
sion's minute 2 of March 8, 1932).
Forms required for temporary ap-
Certification for temporary appoint-pointment. A fingerprint chart (Civil
ment. The method of requisitioning per- Service Commission Form 2390) must be
sonnel from the Commission is set forth secured, and submitted to the Federal
on page 70. In submitting requests for Bureau of Investigation as provided on
personnel to fill temporary vacancies, or page 103, in connection with tempo-
in requesting the approval of temporary rary appointments which exceed or are
appointments under the war-service extended beyond six months; an agency
(January 18, 1945)
110.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
may, in its discretion, require finger-service regulations as well as for in-
print charts even where appointments definite appointments, but no medical
are made for a shorter period.
certificate is required for such tempo-
As to the submission of a statement rary appointments (departmental cir-
of reasons in cases where a person en- cular No. 323, reviseci, March 30, 1942;
titled to veteran preference is passed departmental circular No. 409, Febru-
over and a person not entitled to such ary 17, 1943; departmental circular No.
preference is tentatively selected, see 495, July 21, 1944).*
With respect to the securing of re-
*Standard Form 61 (oath of office, leases from former employments, see
personnel affidavit, and declaration of pages 81 and 82.
appointee) should be secured for tem- Report on certificate.-See notes on
porary appointments under the war- page 114.
page 86.
(January 18, 1945)
NOTES ON REENTRY INTO THE FEDERAL SERVICE
142.02
>
Restoration of persons who do not pos- | 343), and he subsequently entered the
sess a classified status.--The reemploy-military, naval, or merchant-marine
ment benefits of the Selectire Training service, action on suh recommendation
and Service Act and similar statutes, may be carried through to completion
and of war-service regulation XIII, ap- even while he is in such service (de-
ply to any person without regard to partmental circular No. 291, supple-
whether the position which he held ment 15, July 11, 1944).
has been covered into the classified civil
Members-of-family requirement not
service during his absence for military, applicable to mandatory restoration
naval, or merchant-marine service (ile- after military or naval service.-Section
partmental circular No. 438, October 22. 9 of the Civil Service Act will not be
1943).
construed to defeat the right of any per-
As to classification of the employee
son to mandatory reinstatement to the
upon restoration to his position, see
classified service under any applicable
section 6 of civil-service rule II (page
221), section 6 of Executive Order No. law, Executive order, or civil-service
8743 (page 330), and the notes on page
rule requiring reinstatement after dis-
535. Where a timely recommendation charge from the military or naval sérv-
was submitted for the classification of ice (Commission's minute 6 of Decem-
an employee under the Ramspeck Act ber 26, 1941). See also section 6 of the
or one of the Executive orders issued in Veterans' Preference Act of 1944, page
pursuance thereof (see pages 328 to 1 10.02.
(November 30, 1944)
143 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
Position to Which Restoration Shall | ditions as to entitle him to reemploy-
Be Made
ment benefits, or an employee who has
been released from a Government po-
Section 1 of war-service regulation
sition for employment in an essential
XIII provides in part as follows:
activity conducted by a public or pri-
“Any civilian employee of the execu-
vate enterprise under such conditions
tive branch of the Government who has
left or leaves his position (other than fits, and who, while employed in the
as to entitle him to reemployment bene-
form active military or naval service position to which transferred or re-
for the United States, and (a) is hon- / leased, enters active service with the
armed forces of the United States, shall
orably separated from active military
be entitled to the same reemployment
or naval service, and (b) is still quali-
benefits with respect to the Govern-
fied to perform the duties of his po- ment position from which he was trans-
sition, and (c) makes application for
ferred or released as those to which he
reemployment in such position within
would have been entitled had he en-
Aninety days after his separation from
active military or naval service, tor tered active military or naval service
while employed in such Government
within ninety days after discharge from
position.”
hospitalization which continues after
Under this section, an employee who
separation from active military or naral
transferred with reemployment rights,
duty for a period of not more than one
and who entered the arined forces from
year,* shall be entitled to the following the activity to which transferred, and
reemployment benefits:
“(1) He shall be reemployed in any regulation XIII or section 8 of the Selec-
who meets the provisions of war-service
position to which, according to the rec-
tive Training and Service Act, has re-
ords of the agency, and according to
the promotion regulations then in ef employment rights to the position from
fect, he would have been promoted if which he transferred as well as the po-
sition to which he transferred. The
he had not been absent to perform mili-
veteran has the option of applying for
tary or naval service;
restoration to either of these positions.
“(2) If such position does not exist,
he shall be restored to the position gation of employing the veteran on his
Neither agency is relieved of the obli-
which he held at the time of his entry request by the fact that he could have
into the military or naval service;
applied for restoration to the other
“(3) If neither of the positions re-
agency. He may be reemployed in
ferred to in (1) or (2) exists, he shall
be restored to a position comparable
either agency without the approval of
the other agency. However, if he is
as to seniority, status, and pay with
reemployed in the agency from which
the position which he held at the time
he transferred, that agency should no-
of bis entry into the military or naval tify the agency to which he transferred
service."
in order that his name may be removed
The same section provides further
from the rolls of the latter agency
that no permanent employee shall be
removed, nor shall any permanent em-
(departmental circular No. 483, supple-
ment 6, October 7, 1944).
ployee be denied reemployment under
Section 5 (c) of regulation IẤ, quoted
this regulation, in order that any em- above, is based in part on a provision in
ployee who was originally appointed for
the duration of the war, or for the dura- mission Directive X, September 14, 1942,
paragraph IV of War Manpower Com-
tion of the war and six months there as amended by War Manpower Commis-
after, may be reemployed under this sion Directive No. XVI, December 24,
regulation.
1942. For the text of this provision,
Section 5 (0) of war-service regula- see page 14.
tion IX provides as follows:
Time limit upon departmental action
“An employee who transfers within in restoring employee to position.-See
the Government service under such con- section 2 of war-service regulation XIII,
(Janu:ury 18, 1945)
NOTES ON SEPARATIONS AND TERMINATION OF ACTIVE SERVICE 197
are
without an intervening period of train. This is true whether the employee is
ing, the provisions of departmental cir- ordered to active duty as a member of
cular No. 442 (see page 193) will be the National Guard or of a reserve com-
applicable.
ponent, is inducted under the Selective
The procedures set forth above do not Training and Service Act of 1940, or
apply to transfers to positions of in- enlists voluntarily, except that volun-
structor or to other positions in the tary enlistments prior to August 18, 1941,
War Shipping Administration when it operated as separations from civilian
is apparent that the person is not slated service (20 Comp. Gen. 158, September
to enter the merchant marine service 18, 1940; 20 Comp. Gen. 167, September
after completing a period of training 20, 1940; 20 Comp. Gen. 847, June 3, 1941;
with the United States Maritime Serv. 21 Comp. Gen. 403, November 3, 1941;
ice. Such cases will continue to be departmental circular No. 438, October
processed in accordance with the stand- | 22, 1943).
ard procedure for handling transfers An employee's rights to reemployment
under the provisions of section 2 of war- benefits under the Selective Training
service regulation IX (departmental and Service Act and similar legislation
circular No. 434, August 28, 1943).
are the same whether he was separated,
Federal employees enrolled in the furloughed, or placed on leave without
United States Coast Guard Reserve pay (20 Comp. Gen. 167, September 20,
(Temporary) as chief boatswain mates 1940; 20 Comp. Gen. 847, June 3, 1941;
whose transfers to positions as plant 21 Comp. Gen. 403, November 3, 1941).
guards or in other capacities at a ship As separation may, however, affect the
building corporation requested employee disadvantageously with re-
should be transferred under section 4 of spect to certain rights under the Civil
war-service regulation IX when the con- Service Retirement Act, as amended, the
ditions of this section and regulation are commission recommends that all de-.
fulfilled. These transfers should be re-partments and agencies follow the prac-
quested through the Employment Serv- tice of placing employees in a leave-
ice in the normal manner (action of without-pay status when they enter the
Commission, June 1, 1943).
military service from any except purely
Furlough treated as separation in col- teniporary positions to which appoint-
lecting indebtedness to Government.-
ments have been made for a specific
See notes, page 289.
period of one year or less (departmental
circular No. 435, September 25, 1943).
ENTRANCE UPON ACTIVE MILITARY DUTY
Action taken to separate an employee
As to releases of women employees from the Government service upon his
for service in the armed forces, 'see voluntary enlistment in the military or
naval service subsequent to May 1, 1940,
The question whether, in the absence
may not thereafter be rescinded by ret-
of special legislation, an employee must
be separated from his civilian position records to show such employee as in a
roactively changing the adininistrative
when he enters upon active military or
naval duty is discussed in detail on page
leave-without-pay status (21 Comp. Gen.
403, November 3, 1941).
507. Special legislation on this subject
is in effect, however, during the present
The reemployment benefits of sec-
In consequence, it is now within tion 8 (b) of the Selective Training and
administrative discretion either to sep- Service Act and similar provisions in
arate employees from civilian service, to other legislation do not apply to per-
place them on leave without pay without sons who hold temporary positions.
limitation as to amount of such leave, or *As to the meaning of the term "tem-
to furlough them without pay during porary position", when used in such
periods of active military or naval duty. I legislation, see pages 141 to 142:*
page 196.
war.
i
(January 18, 1945)
198 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
Whenever an employee enters the mil- | the employee did not in fact receive
itary service and he has no official ef- notice of the administrative action, and
ficiency rating as of the latest March continued to work for some time after
31, or any date thereafter, covering per- the effective date stated in the separa-
formance in the grade of his position, tion instrument, he is entitled to com-
an official special rating shall be made pensation for services actually ren-
to be used for salary advancement pur-dered-at least to the date he received
poses while the employee is in the mili- official notice of such administrative
tary service (departmental circular No. action.
474, March - 14, 1944). As to earning of As a general rule when an authorized
within-grade salary advancements by separation of an employee, by resigna-
employees who have entered the armed tion or otherwise, becomes an accom-
forces, see page 449.
plished fact, it cannot thereafter be
As to replacement of employees during rescinded by administrative action even
periods of leave, see notes on page 518. though the separating officer acted on
misinformation or under an erroneous
EFFECTIVE DATE OF SEPARATION
assumption, but the separation does not
Cases in which action wy two officers become effective unless and until the em-
is involved.—Where action by two offi- ployee receives proper notice thereof (22
cers is involved in the making of a sep-Comp. Gen. 291, September 30, 1942).
aration, the effective date of the separa-
See also notes on separation under
tion is governed by the date on which erroneous assumption that an employee
action was taken by the one in whom is eligible for retirement, page 134.
the power of appointment is vested. If Effect of acceptance of second office or
the subordinate merely has power to position.-Where the holding of two
make recommendations or nominations, public offices is forbidden by a consti-
and the actual appointing power is tutional or statutory provision, the ac-
rested in the superior, the date of ceptance of a second office is regarded as
action by the superior is controlling. On
a resignation or relinquishment of the
the other hand, where the law provides first office; but where there is an ex-
for appointment of employees by one offi- press statutory provision prohibiting the
incumbent of one office from accepting
cer with the approval of another officer, appointment to another, the incumbent,
the approval of the separation when in the absence of some affirmative action
given relates back to the date of action effectively and legally terminating the
by the subordinate officer (based on 17 first office, may not legally be appointed
Comp. Gen. 369, October 28, 1937).
to another office, and any such attempted
See also note on “Withdrawal or post-appointment or acceptance thereof is
ponement of resignation”, page 199.
without legal effect (23 Comp. Gen. 173,
Separation through error or on misin- September 6, 1943).
formation.-Where an employee was in- Effective date of resignation.-A
voluntarily separated from service by letter accepting the resignation of an
the administrative office under the er- employee should state the definite date
roneous assumption that the field office of termination of the employment** (21
had recommended such separation, but | Comp. Gen. 596, December 19, 1941).
(January 18, 1945)
NOTES ON SEPARATIONS AND TERMINATION OF ACTIVE SERVICE 199
*
*
*Effective date of retirement for
Withdrawal of resignation.- Where age.-An employee whose automatic
the resignation of an employee to take separation for age is required by section
effect at a future date was accepted by 2 (a) of the Civil Service Retirement
the appointing power, a withdrawal of Act (page 129) may not be carried on
the same with the approval of a sub- the rolls beyond the last day of the
ordinate officer cannot operate as a law-month in which he attains automatic re-
ful authority for continuing the em-
tirement age (24 Comp. Gen. 134, August
ployee in the service or for paying him 17, 1944). He may, however, be reem-
for services rendered thereafter, where
it is shown that the matter of with later under the special statutory au-
ployed effective the following day or
drawal was not brought to the attention thority set forth on pages 129 to 134.
of the officer who accepted the resigna- As to separation under an erroneous
tion until after the resignation took assumption that an employee is eligible
effect (26 Dec. Comp. Treas. 310, Octo- for retirement, see page 134.*
ber 24, 1919).
Separation of disabled employee.-A
Change in effective date of resigna- person drawing compensation under the
tion. The resignation of an employee Federal Employees' Compensation Act
having become effective by its accept- ceases to be an employee when his
ance by the proper authority, there is no
name is dropped from the pay roll of
legal authority for the creation of an
his department or office (Commission's
obligation against the Government by minute 2 of September 15, 1936). (How-
the issuance of a paper purporting to
accept such resignation 30 days after ever, the period of eligibility for rein-
statement does not necessarily begin to
the employee had actually been sepa-
run on that date. See p. 271.)
rated from the service (26 Dec. Comp.
Treas. 448, December 5, 1919).
*Time spent in returning from post
Where the resignation of an
of duty outside continental United
ployee was accepted to take effect at a
States.-Appropriation acts for certain
future date and he was notified, the agencies provide for paying the expenses
employee's service legally terminated of appointees from point of induction
on that date, and a letter thereafter in continental United States to a post
from the department purporting to of duty in the territories outside the
change the effective date to a later continental United States and return.
date could not operate to restore the In the employment of persons who are
employee to the service, and thereby to be paid under such authority, the in-
entitle him to pay for services ren-
strument of appointment or contract of
dered between the former date and the employment generally states specifically
latter date (12 Comp. Gen. 544, March that salary or compensation will begin
14, 1933). (See also 19 Comp. Gen. as above stated and end on the date
236, August 22, 1939).
the employee ordinarily would arrive
*An employee who had resigned and back, by the usually traveled route, at
entered upon terminal leave prior to the point of induction after the termi-
December 21, 1944, may not change the nation of his service; and the appointees
effective date of his resignation during are generally required to enter into an
the terminal annual-leave period for the undertaking to serve some minimum
purpose of receiving a lump-sum pay period of time at the new post in the
ment for the remainder of his leave territories in order that the purpose of
(decision, Comptroller General, Janu: the appropriation authorization may
ary 19, 1945).*
not be defeated. In such cases, the em-
Effective date where the separation is ployee is regarded as in an active duty
required by statute.---See page 430. status, not an annual leave status, while
em-
(January 18, 1945)
199.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
he is returning to the continental United sions, Comptroller General, January 11,
States, except in cases where he does | 13, 16, 17, and 19, 1944).
not serve the required minimum period, Employees in inactive duty status.-
or where the separation from the sery- An officer or employee continues to oc-
ice is for disciplinary reasons (based cupy his office or position so long as he
on decision, Comptroller General, No- is legally entitled to the salary thereof,
vember 18, 1944).
even though in an inactive duty status
Terminal leave. In the case of em- (19 Comp. Gen. 501, November 16, 1939;
ployees receiving lump-sum payments | 20 Comp. Gen. 9, July 5, 1940). Lump-
for leave under act of December 21, sum payments for accumulated and
1944 (page 483.01), the last day of ac- current accrued annual leave author-
tive duty in the civilian position is the ized by the act of December 21, 1944
date of separation from the service or (page 483.02), are not considered as
military furlough.
salary for this purpose. As to the ter-
The act of December 21, 1944, does mination of a leave-without-pay or fur-
not apply to cases where employees lough status by the employee's appoint-
entered terminal-leave status prior to ment to another position, see page 432.
December 21, 1944. Such employees Ąs to the replacement of an employee
will be carried on the rolls while re- who is on leave, see page 518.*
ceiving payment for accumulated and Effective date of furlough..See notes,
current accrued annual leave (deci- | page 504.
(January 18, 1945)
SEPARATIONS AND TERMINATION OF ACTIVE SERVICE
200
as
RETIREMENT
been clarified by the acts of August 5,
1939 (53 Stat. 1210), and of August 10,
Details as to the retirement of em-
ployees under the Civil Service Retire-1939 (53 Stat. 1343).
The Civil Service Retirement Act of
ment Act of May 22, 1920, as amended,
with some information as to retirement May 22, 1920, as amended (5 U. S. C.
under other acts, are given in Civil 1940 ed. 191 et seq.), applies to em-
Service Commission Form 3020.
ployees and services specifically in-
Principal retirement acts.-A com- cluded by the language of the act. See
plete list of acts governing the retire- Civil Service Commission Form 3020.
ment of civilian employees appears on An act of July 13, 1937 (50 Stat. 512),
pages ix to xiii of Civil Service Commis- as amended by an act of June 25, 1938 .
sion Form 3020. The Civil Service Com-(52 Stat. 1197 ; 5 U. S. C. 1940 ed. 693b
mission has jurisdiction only under the et seq.), extends the benefits of the
Civil Service Retirement Act,
,
Civil Service Retirement Act to certain
amended and extended; the Panama employees in the legislative and judicial
Canal Zone Retirement Act, as amended; branches of the Government.
the Alaska Railroad Retirement Act, as
The Panama Canal Zone Retirement
amended ; *and the act of May 29, 1944 act, approved March 2, 1931 (46 Stat.
(Public Law 319, 78th Cong.), relating 1471; 48 U. 8. C. 1940 ed. 1371 et seq.),
to annuities for civilian officials and
as amended by acts of June 16, 1933 (48
employees, citizens of the United States, Stat: 306), of June 24, 1936 (49 Stat.
engaged in and about the construction of 1903), of August 10, 1937 (50 Stat. 619),
the Panama Canal.*
of April 12, 1939 (53 Stat. 574), of Au-
The principal retirement acts are
gust 10, 1939 (53 Stat. 1347), of October
listed below:
Acts creating the Police Relief Fund 14, 1940 (54 Stat. 1117), of December
and the Firemen's Relief Fund, Dis- 10, 1941 (55 Stat. 805), and of July
trict of Columbia, were approved Feb-29, 1942 (56 Stat. 728), applies to citi-
ruary 25, 1885. On September 1, 1916, and the Panama Railroad Company on
zen employees of the Panama Canal
legislation was approved which com-
the Isthmus of Panama. *The act of
bined the two funds, and the retirement
May 29, 1944 (Public Law 319, 78th
fund has since been known as Police Cong.), which is not a retirement act in
men and Firemen's Relief Fund, District the strict sense of the word, provides
of Columbia.
An act for the retirement of public annuities for former citizen employees
of the Isthmian Canal Commission and
school teachers in the District of Colum- Panama Railroad Company who served
bia was approved January 15, 1920.
at least three years on the Isthmus dur-
The Lighthouse Retirement Act, ap- ing the construction of the Panama Ca-
proved June 20, 1918 (33 U. 8. C. 763 nal (May 4, 1904, to March 31, 1914,
et seq.), applied to officers and em- inclusive), and to their widows under
ployees in the field service or on vessels certain conditions, and stipulates that
of the Lighthouse Service, but not to persons eligible for its benefits who are
employees in district offices or shops. receiving annuities under other Fed-
The applicability of this act to person- eral retirement laws have an election
nel of the former Lighthouse Service as to which payments they wish to
since its consolidation with the Coast I receive.
Guard by Reorganization Plan No. II Section 211 of the Public Health Sery-
(3 CFR, Cum. Supp., chapter II), has | ice Act of July 1, 1944 (Public Law 410,
1
(August 31, 1944)
DIRECTIVES AND REGULATIONS OF THE WAR
MANPOWER COMMISSION
(NOTE.-This chapter contains only such material concerning the War Manpower
Commission as appears to be necessary to a proper understanding of the War
Service Regulations. ]
WAR MANPOWER COMMISSION DIRECTIVE NO. I,
JUNE 22, 1942
ESSENTIAL ACTIVITIES AND ESSENTIAL OCCUPATIONS DIRECTIVE
*
*
It is hereby directed :
I. The United States Employment Service, after consultation or
collaboration with the War Production Board, the War Department,
the Navy Department, the Department of Agriculture and such other
departments and agencies as it may deem appropriate, shall prepare
and keep current, for. its own use and for the use of appropriate
departments and agencies of the Federal Government, (a) lists of
essential activities; (6) lists of essential occupations; and (c) lists of
critical war occupations.
*
*
III. As used in this or any other directive prescribed under
Executive Order No. 9139, unless the context requires otherwise: (a)
Essertial activities include (1) essential war activities, (2) any activ-
ity required for the maintenance of essential war activities, and (3)
any activity essential to the maintenance of the national safety, health
or interest; (b) essential war activities include the production, repair,
transportation or maintenance of equipment, supplies, facilities or
materials required in the prosecution of the war by the United States
and by the other United Nations; (c) an essential occupation means
any occupation, craft, trade, skill or profession, required in an essen-
tial activity, in which an untrained individual is unable to attain
reasonable proficiency within less than six months of training or ex-
perience; (d) a critical war occupation means an essential occupation,
found by the United States Employment Service to be one with respect
to which the number of individuals, available and qualified to perform
services therein, is insufficient for existing or anticipated requirements
*
*
349
(January 18, 1945)
WAR MANPOWER COMMISSION DIRECTIVES AND REGULATIONS 350
for essential activities; (e) the United States Employment Service
means the United States Employment Service in the Social Security
Board in the Federal Security Agency.
WAR MANPOWER COMMISSION DIRECTIVE NO. X,
SEPTEMBER 14, 1942
This directive, which governs the transfer and release of Govern-
ment employees, will be found, with other authorities for the civil-
service rules and regulations, on page 13.
WAR MANPOWER COMMISSION DIRECTIVE NO. XII,
SEPTEMBER 24, 1942
1
DIRECTIVE WITH RESPECT TO CLASSIFICATION STANDARDS FOR POSITIONS
IN THE FIELD SERVICES OF EXECUTIVE DEPARTMENTS AND AGENCIES OF
THE FEDERAL GOVERNMENT
I. Whenever the Civil Service Commission shall have reason to be-
lieve that the classification of any civilian positions in the field serv-
ices of an executive department or agency which are subject to the
schedule of grades and salaries prescribed by the Classification Act of
1923, as amended, are such as to result in (a) material interference
with the effective administration of Executive Order No. 9243 and War
Manpower Commission Directive No. X, or (6) undesirable competi-
tion for employees among such departments or agencies, or (c) an im-
pediment to the effective utilization of the Nation's manpower in the
war effort, it shall make a fact-finding survey of the positions con-
cerned or such other study as it deems necessary, and shall, after
consultation with the affected department or agency, prepare and pro-
mulgate standards for the proper classification of such positions in
accordance with the schedule of grades and salaries prescribed by the
Classification Act of 1923, as amended. Any such fact-finding survey
** Executive Order No. 9512 of January 16, 1945 (10 F. R. 694), provides in part as
follows:
"1. The Civil Service Commission shall prepare and publish standards for the allocation
of field positions under the Classification Act of 1923, as amended, and shall coordinate or
combine such standards with allocation standards prescribed by the Commission for the
departmental service under its existing statutory authority.
“2. In allocating such field positions the heads of all departments and other agencies
shall comply with the standards so prepared and published.
"3. The Commission shall ascertain by investigation the degree to which the allocationg
of field positions made by each department and other agency comply with standards pub.
lished pursuant to this order, and whenever the Commission finds noncompliance by any
department or other agency, it may report that fact to the President through the Liaison
Officer for Personnel Management.
“4. The Commission shall issue such regulations as it may deem necessary to effectuate
the purposes of this order.
(January 18, 1945)
350.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
or study may be made at the request of or in cooperation with an
affected department or agency.
II. Upon receipt of such standards, each department and agency
having field positions affected thereby shall classify such positions in
accordance with such standards and report its classifications to the
Civil Service Commission, together with such additional information
and in such manner and form as the Civil Service Commission may
prescribe la
III. The Civil Service Commission shall make such audits as may be
necessary to determine the extent of adherence to standards prescribed
pursuant to paragraph I hereof, and shall report its findings with
** Rules and regulations regarding the allocation of positions by the departments and
agencies, in accordance with standards promulgated under Directive No. XII, were issued
by the Civil Service Commission in departmental circular No. 422 of May 1, 1943 (8 F. R.
5425). Class specifications for the positions covered by this directive, as well as for other
positions, are being published in the Commission's "Class Specifications and Statements of
Allocation Standards" (July 1943 edition, as amended). Application of the specifications
should be in the light of the Explanatory Statement set forth on pages 5 to 11 of that
publication.*
1
(January 18, 1945)
HOURS OF LABOR
470
Budget. 212
on
or
controlled corporations, except those ministrative workweek for each group
specified in section 2 of Part I.
of full-time employees shall be the min-
SECTION 2. Employees to whom these imum number of hours of work per
regulations do not apply.--These regula- week specified by the general public
tions do not apply to:
regulations issued by the head of a de-
(a) Elected officials;
partment or independent establishment
(0) Heads of departments, independ- pursuant to section 2 of the act of
ent establishments, and agencies; March 14, 1936, 49 Stat. 1161, 5 U. S. C.
(c) Officers and employees in or un-292,21 and in accordance with appli-
der the field service of the Post Office cable circulars of the Bureau of the
Department;
(d) Employees whose wages are fixed
21 For the text of this section, see page 481.
a daily or hourly basis and ad-
*211 In a memorandum to the heads of all
justed from time to time in accordance departments and agencies, dated December
with prevailing rates by wage boards 22, 1942, the President expressed a desire
similar administrative authority "that the head of each department and
serving the same purpose;
agency establish
a general mini-
mum work schedule of a six-day, 48-hour
(e) Employees in or under the Gov- week for both the departmental and field
ernment Printing Office or the Tennes-service." In order to promote compliance
see Valley Authority whose wages are with the policy of Congress to make regula-
fixed on a monthly or yearly basis and tions concerning hours of duty for Govern-
ment employees as nearly uniform as pos-
adjusted from time to time in accord-sible, and with the desire of the President
ance with prevailing rates by wage as expressed in his memorandum, it is re-
boards or similar administrative au-quested that each department and establish-
ment transmit to the Director of the Bureau
tbority serving the same purpose;
of the Budget for consideration and approval
(f) Employees' outside the conti-
by the President prior to promulgation, a
nental limits of the United States, in- copy of all regulations or amendments thereto
cluding Alaska, who are paid in accord- regarding hours of duty for civilian em-
ance with local prevailing native wage mental and field services, or of the District
ployees of the United States in the depart-
rates for the area in which employed; of Columbia, proposed for promulgation by
(g) Officers and employees of the In- any such department or establishment.
land Waterways Corporation;
The President's memorandum contem-
(h) Individuals to whom the pro- plated a general minimum work week of six
eight-hour days in the departmental and
visions of section 1 (a) of the act
ield services. Any proposal for the estab-
entitled "An act to amend and clarify lishment of a work schedule of 48 hours
certain provisions of law relating to within a period of less than six eight-hour
functions of the War Shipping Admin- days in such services would not be in accord
with that general policy. Certain excep-
istration, and for other purposes,” ap- tions to the establishment of the workweek
proved March 24, 1943, (Public Law at 48 hours may be necessary in order to
No. 17—78th Congress), are applicable; meet the needs of a peculiar work condition.
(i) Employees of the Transportation it is requested that cases involving such ex-
Corps of the Army of the United States ceptions be reported to the Director of the
Bureau of the Budget in accordance with the
on vessels operated by the United provisions of the paragraph above (Bureau
States;
of the Budget Circular No. A-11, August 1,
(j) Vessel employees of the Coast 1943).
and Geodetic Survey.
In March 1941, the President directed
that the opening and closing hours of Gov-
PaßT II. DEFINITIONS
ernment offices in metropolitan Washington
be so staggered as to alleviate the serious
SECTION 1. Administrative workweek
traffic congestion. Any department or estab.
for full-time employees.-(a) The ad- lishment contemplating the adoption of any
.
(December 21, 1944)
470.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
*(6) In the case of employees whose SECTION 2. Full-time employees.---Full-
work includes periods during which time employees are employees who are
they are required to remain on duty and regularly required to work, as a min-
render “stand-by service" at or within imum, the number of hours in the ad-
the confines of their stations, the ad- ministrative workweek specified for
ministrative workweek, for the purposes employees in their respective groups.
of these regulations, shall be the total SECTION 3. Part-time employees.-
number of regularly scheduled hours of Part-time employees are employees who
duty per week (or in rotating-shift sys- are regularly required to work a speci-
tems, the average number of regularly tied minimum number of hours per week
scheduled hours of duty per week for the administratively fixed in advance at
cycle)., including all such "stand-by” or less than the administrative workweek
“on call” time except that allowed by for similar employees in the same de-
regulation of the department or inde partment or agency. Such employees
pendent establishment for sleep and shall be considered part-time employees
meals. Effective January 1, 1945.96*
if they are required to work a specified
minimum number of hours per week
schedule of hours differing from, or in addi-
tion to, its schedule of hours as heretofore notwithstanding the fact that they do
approved, shall obtain the approval of the not work the same number of hours
Director of the Bureau of the Budget before ench day.
such contemplated schedule is put into effect.
SECTION 4. Preoe-work and fee basis
Working hours differing from the regular
schedule of hours may be established for em-employees.--Piece-work and fee basis
ployees numbering less than 50, after in employees include all employees whose
formal clearance with the Bureau of the
Budget (Bureau of the Budget Circular No. compensation is based upon other than
A-13, August 1, 1943).
a time period basis,
*16 As amended by departmental circular *SECTION 5. Intermittent or irregular
No. 424, supplement 4, January 20, 1945
employees.--Intermittent or irregular
(10 F. R. 772).
The inclusion within the administrative employees are employees who are not
workweek, for overtime pay or compensatory regularly required to work a specified
time-off purposes, of all stand-by or on-call minimum number of hours in an ad-
time in a regularly scheduled tour of duty,
except that allowed by departmental or ministrative workweek. Effective Jan-
agency regulation for sleep and meals, is in uary 1, 1945.*c*
accord with the decisions of the Supreme
Court of the United States in Armour and Standards Act (departmental circular No.
Co. v. Wantock and Smith (13 Law Week | 424, supplement 4, January 20, 1945).
4028) and Skidmore v. Swift and Co. (13 210 As amended by departmental circular
Law Week 4030, dealing with a similar No. 424, supplement 4, January 20, 1945
situation in industry under the Fair Labor (10 F. R. 772).*
1
.)
(January 18, 1945)
HOURS OF LABOR
476
annual rate by 360 to determine the basis, an hour's work being evaluated
daily rate, or by dividing the annual at Y8 of 1360 of the annual salary
rate into 12 equal installments, one of where a 48-hour weekly tour of duty is
which shall be the pay for each calen- established (24 Comp. Gen. 70, August
dar month, each of the 12 installments 5, 1944). With respect to leave with-
to be divided by 30 to determine the out pay of part-time employees, see 22
daily rate; or by dividing the annual Comp. Gen. 1043, May 17, 1943.
rate by 360 to determine the daily rate. Sunday work or travel of per diem
Therefore, the salaries of employees employees.- A per diem "when actually
paid on an annual or monthly basis employed” employee, even though not
may not be computed on a weekly or regularly required to work on Sundays,
biweekly basis (23 Comp. Gen. 698, is entitled to his basic compensation
March 18, 1944).
and to additional or overtime compen-
In the case of a “when actually em- sation, as the case may be, under the
ployed" intermittent employee ap- War Overtime Pay Act of 1943 for Sun-
pointed to a position not within the days on wbich he is in a travel status
Classification Act whose compensation, away from his official station or while
based on hourly rates, is not required on duty at his official station for the
to be fixed in accordance with the 40- same number of hours as he works on
hour week statute of March 28, 1934 (see other days, but he should not be paid
page 464), the amount actually earned basic and additional wartime compensa-
by the employee is his "earned basic tion beyond the prescribed workday
compensation" within the meaning of solely because he is in a travel status
the War Overtime Pay Act of 1943, (24 Comp. Gen. 11, July 4, 1944).
upon which the additional compensa- *Mere travel, not involving the per-
tion authorized for intermittent em- formance of any actual duty, during
ployees by section 3 of that act is to be hours outside of the administratively es-
computed (23 Comp. Gen. 195, Septem- tablished 43-hour workweek of a per-
ber 15, 1943).
annüm employee required to commute
Overtime compensation of employees daily between his headquarters and a
who are in a pay status for less than a temporary station may not be regarded
full week.--A per annum employee as "work in excess of 48 hours in any ad-
subject to the overtime-compensation ministrative workweek” within the
provisions of the act of May 7, 1943, meaning of section 2 of the War Over-
who enters or leaves the service during time Pay Act of 1943, so as to entitle the
an administrative workweek is entitled employee to overtime compensation or
to 1/360th of the gross annual compen- to compensatory time off from duty in
sation, including both basic and over- lieu thereof for the travel time involved
time compensation, for each day in a (decision, Comptroller General, Decem-
pay status during the pay-roll period ber 16, 1944).*
(based on 22 Comp. Gen. 714, January Overtime in excess of regular work-
27, 1943). This decision is not con- week.-Work in excess of the regular
trolling in the case of full-time em-workweek for which additional com-
ployees whose administratively fixed pensation may be paid may be either
workweek involves varying lengths of ordered in advance or approved by the
workdays during the week; in such proper official after the work is per-
cases, it is permissible to make de- formed. Overtime in excess of the
ductions for fractional day's or workweek may be ordered or approved
week's leave without pay on an hourly 1 in blanket form, that is, for a group
а
(January 18, 1945)
476.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
or class of employees. It is unneces- | “Determination whether employees
sary that each employee be given a shall be paid on overtime or additional
separate and distinct order or that each compensation basis”, page 475.) How-
employee's overtime work must be ad- ever, intermittent employees appointed
ministratively approved (22 Comp. Gen. on a "when actually employed” basis
745, February 4, 1943).
to positions not within the purview of
Section 2 of Part III of the reg- the Classification Act whose hourly
ulations authorizing prorating on an rates of compensation are not required
annual basis of increased compensa- to be fixed in accordance with the 40-
tion pursuant to an overtime formula hour week statute of March 28, 1934
is specifically limited to "employment (see page 464.01), may be paid basic
during an officially established regular compensation for the actual number of
werkweek in excess of 40 hours." Com- hours worked even though in excess of
pensation for overtime in excess of the 8 hours per day (23 Comp. Gen. 195,
officially established workweek (even September 15, 1943).
though such workweek is less than 48 While neither the War Overtime Pay
hours) may not be prorated on an | Act of 1943 nor the regulations adopted
annual basis, but should be paid at one thereunder specify the amount of com-
and one-half times the basic hourly pensatory time off from duty that must
rate calculated as required by the act be granted administratively for work
and regulations, for such excess over- or a duty status in excess of 48 hours
time hours. This is true even though per week, per annum employees who
the employee was on leave without pay actually work excess overtime—that is,
during a portion of the officially estab- actually are engaged in their regular
lished workweek, or entered on duty duties for the time in excess of 48 hours
after it began, and consequently was per week-may be granted compensa-
not in a pay status during the whole of tory time off from duty hour for hour
the officially established workweek for the excess overtime worked (based
(based on 22 Comp. Gen. 778, February on 23 Comp. Gen. 451, December 21,
9, 1943; 22 Comp. Gen. 780, February 1943). *As to compensatory time off
10, 1943; 24 Comp. Gen. 30, July 18, in the case of employees whose work
1944).
includes periods during which they are
In the case of intermittent employ- required to remain on duty and render
ees who are appointed on a “when “stand-by" service at or within the con-
actually employed” basis to positions fines of their stations, see section 1 (0)
allocated to services and grades pur- of the War Overtime Pay Regulations,
suant to the Classification Act, and page 470.01.*
who are paid on the basis of hourly Compensatory time off from duty
rates derived from per annum rates, may be substituted in lieu of overtime
the total basic compensation that may compensation only for so much of any
be earned for any one day may not ex- period of service as is in excess of 48
ceed 1360 of the annual salary rate hours per week, even though the ad-
prescribed by that act for similar full- ministratively established workweek is
time positions, regardless of the number less than 48 hours (24 Comp. Gen. 30,
of hours worked in addition to the hours July 18, 1944).
administratively required of full-time The discretion to substitute compen-
employees (23 Comp. Gen. 13, July 9, satory time off from duty in lieų of
1943). (As to additional compensa- overtime compensation for service in
tion for such employees, see note on excess of 48 hours per week in any
(January 18, 1945)
HOURS OF LABOR
476.02
administrative workweak is vested in suant to the War Overtime Pay Act of
the administrative office rather than in 1943 and the regulations issued there-
the employee. Such compensatory time under, but, as a result of the employee's
off is not to be regarded as additional own fault or voluntary action (such as
leave of absence which must be applied voluntary resignation, transfer at the
for. On the contrary, it is the duty employee's l'equest, or refusal to accept
and responsibility of the administrative the compensatory time off), the agency
office under the regulations to excuse head is prevented from granting such
the employee from duty, within 90 days time off within the 90-day period pre-
from the time the excess overtime was scribed by the said regulations, the em-
worked, for a period corresponding to ployee is not entitled to overtime
the excess overtime worked, unless it compensation for overtime worked in
elects to compensate him for such over- excess of 48 hours per week. On the
time. If that office, through its own other hand, if the employee's inability
fault or neglect or for its own conven- to utilize such compensatory time off
ience, fails to grant the compensatory prior to the expiration of the 90-day
time by the end of the 90-day period, period prescribed by the said regula-
the employee becomes entitled to pay- tions is due to no fault or voluntary
ment for such excess overtime, whether action of his own, but results from in-
he has requested compensatory over- duction into the armed forces, termina-
time or not.
tion of his service without his consent,
Where the head of an agency elects to involuntary transfer pursuant to War
grant a full-time per annum employee Manpowet Commission directives, or
who works in excess of 48 hours per the like, he is entitled to overtime
week compensatory time off from duty compensation for such excess overtime
in lieu of overtime compensation pur-1 (23 Comp. Gen. 253, October 5, 1943).
(January 18, 1945)
477 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
Payment of overtime on terminal an- In any pay period in which an em-
nual leave.- Persons who are being ploree works sufficient overtime (either
paid for accumulated annual leave during the regular administrative work-
pending termination or as a lump-sum week or in addition thereto) to entitle
payment are entitled to the normal in- him to overtime compensation, com-
crement allowable under the War puted in accordance with section 2 of
Orertime Pay Act* on such period of the War Overtime Pay Act of 1943, at
leave (22 Comp. Gen. 810, February 16, la per annum rate not less than the
1943; decision, Comptroller General, rate specified by section 3 (b) of the
January 17, 1945).
act as the minimum rate of additional
Computation of additional compensa- wartime compensation payable to em-
tion in lieu of overtime.--In determin- ployees entitled to its benefits, the
ing the additional compensation at the
rate of $300 per annum to which inter guarantee is satisfied and the em-
ployee becomes entitled only to the
mittent or irregular employees who are
overtime compensation. If sufficient
paid on an hourly basis and whose
earned basic compensation (based on overtime is worked to satisfy a portion
313 days on which they work and re- of the guarantee, there must be a pro-
ceive compensation during the year, and portionate reduction in the guarantee
8 hours per day) is at a rate of less than (based on 24 Comp. Gen. 30, July 18,
$2,000 per annum are entitled under sec- 1944).
tion 3 (a) of the War Overtime Pay Act The 15 percent additional compensa-
of 1943, the daily rate of additional tion to which part-time employees are
compensation should be computed by di- entitled under section 3 (c) of the War
viding the $300 per annum rate by 313 Overtime Pay Act of 1943 should be com-
days, and the hourly rate by dividing
the resulting daily rate oy 8 hours (22 puted on the entire amount of the part-
Comp. Gen. 1091, June 10, 1943). (See time salary rate pot in excess of $2,900
also 23 Comp. Gen. 19, July 12, 1943.) per annum, without regard to the extent
With respect to computation and ad- to which the salary of a full-time em-
justment of additional compensation for ployee of the same class would exceed
fee-basis employees, see 23 Comp. Gen. $2,900 per annum (23 Comp. Gen. 11,
19, July 12, 1943.
July 9, 1943).
HOLIDAY PAY
Hereafter whenever regular employees of the Federal Govern-
ment whose compensation is fixed at a rate per day, per hour, or on
a piecework basis are relieved or prevented from working solely
because of the occurrence of a holiday such as New Year's Day,
Washington's Birthday, Memorial Day, Fourth of July, Labor Day,
Thanksgiving Day, Christmas Day, or any other day declared a
holiday by Federal statute 24 or Executive order, or any day on
which the departments and establishments of the Government are
closed by Executive order, they shall receive the same pay for such
days as for other days on which an ordinary day's work is performed
(52 Stat. 1246, June 29, 1938; 5 U.S. C. 1940 ed. 86a).
24 Armistice Day has also been made a legal holiday by the act of May 13, 1938 (52
Stat. 351 ; 5 U. S. C., 1940 ed., 87a). Executive Order No. 1076 of May 22, 1909, provides
that when certain national holidays fall on Sunday the following Monday shall be a holiday
for Government employees.
(January 18, 1945)
J K
633
A A 22
CIVIL SERVICE ACT AND RULES
TRANSMITTAL SHEET NO. 31
January 25, 1945
These sheets should be cut or torn apart along the perforations.
They should then be substituted as shown on the back of this page for
pages of the loose-leaf edition of the "Civil Service Act and Rules."
The steps in making the insertions are explained on page XX of the
introductory chapter, "How to Use This Book.". The date of this trans-
mittal sheet and the date of filing should then be noted on the "Filing
Record" at the front of the book, and this page should be filed
immediately behind Transmittal Sheet No. 30.
When this filing is completed, pages 1 to 220, 231 to 240.01, 247 to
260, 285 to 365, and 377 to 525 will be up to date as of January 25, 1945.
Remarks
Additions have been made on pages 82, 82.01, 23-232, 233, 234,
234.01, 234.02, 236, 237, 238, 240, 240.01, 516, 516.01, 516.02, 516.03,
516.04.
Deletions have been made as indicated on pages 82.02, 231-232, and
236.
Changes have been made as indicated on pages 39, 82, 82.02, 83,
83.01, 122.01, 123, 233, 234.01,515–516, and 516.04.
The notes which formerly began at the foot of page 232 and ran
over to page 234 have been superseded by Executive Order No. 9506,
which is printed on page 231-232. The notes on "Evidence of inten-
tion of Congress regarding classification of incumbent" and "Classifi-
cation restricted to incumbents of permanent positions", which formerly
appeared on page 231, have been transferred to page 233. The note
on "Death of employee", formerly on page 515, has been incorporated
in the notes on "Lump-sum payments" which begin on page 516.01.
It is believed that the nature of all other changes will be obvious
upon comparison of the old with the new pages.
No page appearing in a particular installment has been changed in
that installment (except by transfer of material from contiguous pages)
unless the edition date of the page is the same as that of the transmittal
sheet. Stars are retained on reprinted pages to indicate the last
changes made on the page.
TRANSMITTAL SHEET NO. 31 (January 25, 1945)
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Insert
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Edition date
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Edition date
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July 3, 1944.
79. 01-81 January 4, 1945.
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NOTE.— Pages of the October 31, 1943, edition bear no edition date in the lower
outside corner.
DEPOSITED BY THE
UNITED STATES OF AMERICA
+91 45
WAR SERVICE REGULATIONS
39
trial or probationary period is not required, the beginning of the trial
period shall be considered as dating from the time of original appoint-
ment in the Federal Government during the employee's current con-
tinuous service. When a full year of service has been rendered since
that date, the employee shall be regarded as having completed his
trial period.
SEC. 11. Preference employees in transfers of functions. 68_When any
or all of the functions of any agency are transferred to, or any agency
is replaced by some other agency or agencies, all employees entitled to
five- or ten-point preference under these regulations, in such trans-
ferred agency, available and qualified for positions in the replacing
agency or agencies, shall first be transferred to such positions before
such agency or agencies shall appoint additional employees from any
other source for such positions, and the Civil Service Commission
will not certify eligibles for such positions as long as such qualified
and available preference employees have not been transferred.
REGULATION X
RELEASE FROM GOVERNMENT EMPLOYMENT 69
SECTION 1. Consent for reappointment, reinstatement, and reemploy-
ment.-- No department or agency will effect the transfer or the appoint-
ment, reappointment, reinstatement, or reemployment within *sixty*
days of separation from the service of any employee, or foriner em-
ployee, as the case may be, of another department or agency without
the express prior approval of the Civil Service Commission.70
Sec. 2. Employment of short-term employees.-A person who is serving
or who last served under an appointment limited to six months or
less shall not be required to secure the consent of any Government
department or agency in order to be appointed, reappointed, trans-
ferred, reinstated, or reemployed in any other Government depart-
ment or agency for a period to extend for the duration of the war and
six months thereafter.
REGULATION XI
GENERAL PROVISIONS
SECTION 1. Regulations superseded.---These regulations shall super-
sede civil service rules III, V, VI, VII, VIII, IX, X, and all provisions
of joint regulations inconsistent with these regulations for all posi-
tions except (unless otherwise specifically provided in these regula-
tions):
as Formerly section 12. Based on section 12 of the Veterans' Preference Act of 1944
(Public Law 359, 78th Cong., June 27, 1944 ; p. 10).
* See also War Manpower Commission Directive X, p. 13, and Regulations 4, 5, and 7
of the War Manpower Commission, pp. 351 to 303.
*70 As amended by departmental circular No. 493, supplement 8, January 25, 1945 (10
F. R. 943) ; amendment effective February 9, 1945.*
(January 25, 1945)
40
4
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
*
*
*
72
(a) Positions other than those filled by civilian employees of the
forces in the Police and Fire Department of the municipal govern-
ment of the District of Columbia;
(6) Positions of policemen in the U. S. Park Police force of the
Interior Department.
*(c) Postmasters.73 Other positions in the field service of the Post
Office Department when retroactive probational appointments are
made thereto of persons who entered on duty prior to November 23,
1943, through certification for probational appointment but who were
found ineligible for probational appointment because of physical
condition and who subsequently become eligible by correcting their
physical condition.*
Civil Service Rule II, Section 6, is suspended as to appointments
made under Section 6 of Regulation V, *but said section 6 shall be
applicable to postal employees who become eligible for a classified
civil-service status in accordance with Section 7 of Civil Service
Rule II.74*
*
*
*
*
Sec. 2. Violations; revocation of delegated authority.-Whenever the
Commission shall find that any department or agency, or part thereof,
has acted in violation of any provision of the civil service rules or
of these Regulations, the Commission may revoke in whole or in part
any authority to act delegated to such department or agency, or part
thereof.
REGULATION XII
STABILIZATION OF EMPLOYMENT 76
*Actions taken under or pursuant to these War Service Regulations
shall be subject to the directives, orders, regulations and employment
stabilization programs of the War Manpower Commission.
No employee of the civilian executive branch of the Federal Govern-
ment shall be released from Federal employment to accept non-Federal
employment except in accordance with applicable War Manpower
Commission employment stabilization programs.*
72 See chapter on the filling of positions of policemen and firemen under the District of
Columbia government.
* 73 For provisions governing appointment of postmasters, see p. 377.
24 For notes on suspension of section 6 of rule II, see p. 233. For text of section 7 of
rule II, see p. 222.
*
*
*
*
*
70 For the principal directives and regulations of the War Manpower Commission most
directly affecting Federal employment, see pp. 349 to 363. See also notes on p. 193.
(July 3, 1944)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT
79.01-81
15 of the Veterans' Preference Act of cies.-Federal employees may not be
1944, page 10.05.
required to secure the consent of the
Restoration to register after resigna- department or agency in which they
tion.-See section 16 of the Veterans'
are employed in order to compete in
Preference Act of 1944, page 10.03.
civil-service examinations. However,
Waiving of length-of-service require- the papers of any such applicants
ment in reappointment.--See section 1
will be processed as applications for
of war-service regulation VIII, page transfer. The names of such appli-
30.01.
Waiving of time limits for reinstate- be brought to the attention of appointing
cants and of applicants for transfer will
ment.-- See section 100) of civil-service officials through submission of a list, or
rule IX, page 264.
through negotiations directly with the
Priority in transfer where agency or
function thereof is transferred.--See departments concerned, prior to nego-
section 12 of the Veterans' Preference tiations with their present agencies. In
Act of 1944, page 10.04, and section 11 of like manner, the names of persons who
war-service regulation, IX, page 39. have formerly served in Federal agen-
cies will be included on certificates in
APPORTIONMENT
advance of any negotiations with their
*As a result of the amendment of the
foriner Federal employers. No effort
war-service regulations by departmental
circular No. 493, supplement 6, óf De- will be made to negotiate until the ap-
cember 30, 1944, the apportionment no pointing official has tentatively made se-
longer applies to appointments under the lection of the individual, unless the
war-service regulations. As to the ap- Commission or the regional director de-
portionment in appointments under the termines in particular cases or groups
civil-service rules, see pages 252 to of cases that pre-clearance is preferable
251.*
in the circumstances. Negotiations with
DETERMINATION WHETHER AN ELIGIBLE the present or former employing agency
IS AVAILABLE
are not required in the case of persons
Selection of persons employed, or re- coming under the provisions of section 2
cently employed, in other Federal agen- of regulation X.
.
(January 4, 1945)
82
CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
Eligibles who are already employed | partmental circular No. 493, supplement
by the Federal Government, or whose 8, January 25, 1945;* Civil Service Com-
names were actually separated from mission Form 4650).
the rolls of a Federal agency within the See also statutes and notes on dual
preceding *60* days, must not be ap- employment, pages 425.01 to 439.
pointed without specific authority from *Selective Service System clear-
the Commission, except that if the per- ances.--The Selective Service Regula-
son listed is presently employed by the tions provide for reclassification into a
agency to which his name is certified, class immediately available for service
his intra-agency transfer may be effected of any registrant in class II-A or class
without further clearance. The author- II-B (including a registrant identified
ity must be secured whether the fact of with the letter '(F)' or the letter .(L)')
such employment or former employment who leaves the employment for which
is specifically indicated on the certificate deferred, unless his local Selective Sery-
or is discovered, in the absence of such ide board determines prior to his leaving
indication, by the appointing officer. In such employment that the change is in
the absence of such au'hority, the ap- the best interest of the war effort or that
pointing officer should undertake no reasons involving personal hardship
further negotiations with the employee justify the change. Any registrant in
or his department or agency. If he de-Class II-A or Class II-B (including a
sires to select the employee, he should registrant identified with the letter ‘(F)'
request authority to do so through proper or the letter '(L)') may file with his
channels from the Commission or the local board a written request for such
regional director, • whichever issued the a determination. When the registrant's
certificate, giving the following informa- local board has made a determination
tion:
upon such request, it will advise him
(a) Name of eligible desired;
thereof in writing. Persons who have
(0) Position, grade, salary, depart- been separated from the land or naval
ment, bureau, and place of duty, if forces on or after September 16, 1910,
known, in which person proposed for under conditions other than dishonor-
transfer is now serving or in which able are excepted from this provision of
person proposed for reappointment last the Selective Service Regulations.
served;
In connection with appointments
(c) Position, grade, salary, bureau, through direct recruiting (see page 48),
and location (in the case of certificates the Commission, in addition to securing
issued to the field system) of the position necessary War Manpower Commission
to which transfer or reappointment is clearance, will secure Selective Service
prcposed;
clearances for eligibles classified in II-A
(d) The file number appearing on the or II-B (including the letter '(F)'and
certificate or list of eligibles.
the letter (L)'). Unless otherwise in-
On the report on the certificate (see structed by agencies, the Commission
page 114), the appropriate symbol (“A” will assume that the agency placing the
to indicate selection under regulation direct-recruiting order is not willing to
V, "TR" to indicate transfer requested, employ persons classified in II-A or II-3
“R” to indicate reappointment re- (including those designated by the letter
quested, or "Intra-trans" to indicate (F)' and the letter '(L)') who are not
"Intra-agency transfer") should be able to secure Selective Service clear-
placed opposite the name of the eligible ance.
(departmental circular No. 323, revised, Where the direct-recruiting procedure
March 30, 1942; action of Commission, is not used, appointing officers should
September 1, 1943; departmental cir- instruct eligibles tentatively selected for
cular No. 40+, January 20, 1943; *de-appointment who are classified in Class
1
(January 25, 1945)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT 82.01
II-A or II-B (including the letter '(F)' of the employment-stabilization pro-
and the letter "(L)') that they should gram of the area in which he will be
secure a clearance from their local Se- employed.
lective Service board. An appointing Priority referral.-Under certain
officer may hire such a worker, even circumstances, employment may be ef-
though he does not secure a release from fected only through “priority refer-
his local board, if the worker is willing ral”—that is, through referral of
to leave his present employment with the workers by the United States Employ.
possibility that he may be subject to ment Service of the War Manpower
immediate induction and if necessary Commission or in accordance with ar-
War Manpower Commission clearances rangements approved by the United
have been obtained. However, the Com- States Employment Service, so that
mission will sustain objections to any workers may be referred to jobs in the
male classified in Class II-A or II-B (in order of the relative importance of those
cluding the letter '(F)' and the letter jobs to the war effort. (See sections
'(L)') who is unable to secure clearance | 907.4 (d) and (e), and section 907.5 (a)
from his local Selective Service board of War Manpower Commission Regula-
(departmental circular No. 516, January |tion 7, pages 360 and 361.) Priority
25, 1945).*
referral is in effect on a nation-wide
War Manpower Commission clear- basis with respect to male workers sub-
ances.No person may be employed in ject to the program; other classes of
the Federal Government except in com- workers may be made subject to priority
pliance with applicable employment- referral wherever it is found desirable
stabilization programs. (With respect in a local area. The War Manpower
to such programs, see War Manpower Commission recognizes the Civil Service
Commission Regulation 7, page 357, and Commission as an authorized referral
War Manpower Commission Regulation channel under the priority-referral pro-
4, page 351.) For purposes of employ- gram with respect to Federal employ-
ment-stabilization programs, the War ment subject to the Civil Service Act,
Manpower Commission considers the rules, and regulations. The Civil Serp-
Federal Government as a single es- | ice Commission will conduct its recruit-
sential employer.
ment and referral activities in a man-
In-migrant provisions.-If á proposed ner which will conform with the prin-
appointee is not an in-migrant into the ciples of the priority-referral program.
area in which the hiring establishment When an' appointment involves the
is located, that is, if he has lived or movement of a worker from an area
worked within the area for the preced- served by one local employment office to
ing 30 days, it is necessary only to com- an area served by another local employ-
ply with the terms of the employment ment office, the worker is subject to
stabilization program for that area. priority referral only in the area cover-
However, if the proposed appointee will
be an in-migrant into the area in which ing the worker's place of current em-
the hiring establishment is located, the ployment or his residence if unemployed
applicable terms of the employment (departmental circular No. 442, Octo-
stabilization program of the area from ber 19, 1943, and supplement 7 thereto,
which he is coming must be complied August 26, 1944; action of Commission,
with, as well as the applicable terms | September 2, 1944).
(January 25, 1945)
82.02 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
re.
Since the departmental service in War Manpower Commission or their
Washington, D. C., must recruit em designated representatives. The
ployees under the apportionment law on gional offices of the Commission will
a nation-wide rather than on a local keep appointing officers in their areas
basis, the War Manpower Commission informed as to the effect of the pro-
has agreed to place that service in grains on hiring in the Federal service
category 5* in order to integrate this (departmental circular No. 442, supple-
national recruitment program with local | ment 7, August 26, 1944; *action of
programs. This rating makes it possible Commission, January 5, 1945).*
to recruit applicants for the depart- Exceptions from employment-sta-
mental service in equal competition with bilization programs.-Any person who
local orders froin essential and locally has been unemployed for 60 days and
needed establishments which have been who is not subject to priority referral
given a priority by the area director may be hired without regard to the em-
of the War Manpower Commission but ployment stabilization programs (de-
which do not necessitate a top priority partmental circular No. 442, October 19,
classification.** Application for 1913).
higher priority may be made through the Any person proposed for reappoint-
Civil Service Commission to the Na- inent who has been employed in an
tional Priorities Committee if the ur- active status (not on leave) by the Fed-
gency is such that a higher priority is
eral Government within the preceding
believed to be warranted for any specific 30 days may be appointed without re-
program.
gard to the employment-stabilization
Application of the provisions of the
priority-referral nrograms to the Fad
programs. His reappointment will not
eral service outside of Washington, D
be approved by the Commission, how-
C., will be worked out by the regional e:er, if transfer would not have been
directors of the Civil Service Commis- authorized before separation. Trans-
sion and the regional directors of the fers within the executive branch of the
(January 25, 1945)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT
83
Federal Government are not subject | When the Civil Service Commission has
to War Manpower Commission employ- direct-recruiting orders (see page 48)
ment-stabilization programs, but are giving the Commission responsibility for
subject to the provisions of War Man-making final selection and final commit-
power Commission Directive X, as inent as to appointment, the Commission
amended (see page 13), and war-service will secure all necessary clearances un-
regulation IX issued thereunder, unless der employment-stabilization programs
specifically excepted.
before directing the employee to report
Under present War Manpower Com to the agency. Whenever the Commis-
mission policy, veterans of World War sion furnishes lists of eligibles to ap-
II may be hired by the Federal Govern- pointing officers
officers or otherwise refers
ment from private industry and by pri- eligibles for consideration with the un-
vate industry from the Federal Govern- derstanding that the appointing officer
ment without the necessity of a referral will exercise his right of choice and will
from the United States Employment select certain eligibles from those fur-
Service or of a statement of availability. nished him for appointment, it will be
This provision does not, however, apply the responsibility of the appointing offi-
to transfers within the Federal Govern- cer to secure any necessary clearances
ment nor to reappointments within under applicable employment-stab:liza-
thirty days. As used in this connec- tion programs before the appointee
tion, the term "veteran of World War reports for duty.
II” means any individual who has If the appointing officer has already
served in the armed forces of the United decided that an applicant will be ap-
States subsequent to December 7, 1941, pointed if he is available or accepts
and (a) has an other than (lishonorable appointment, a request for him to obtain
discharge or * (6) was released or as- | necessary clearances may be embodied
signed to inactive reserves after a pe- in the inquiry as to his willingness to
riod of active service subsequent to accept appointment.
December 7, 1941. The term “armed If, on the other hand, inquiries are
forces" includes the Army, Navy, Ma- sent to a number of eligibles before final
rine Corps, Coası Guard, Naval Reserve, selection for appointment is made, such
National Naval
Naval Volunteers, WACS, | inquiries as to their willingness to ac-
WAVES, SPARS, and United States cept appointment, if offered, should not
Marine Corps Women's Reserve (de contain requests for necessary clear-
partmental circular No. 442, supple- ances under the applicable employment-
ment 2, revised, November 1, 1941; *War stabilization program. Each applicant
Manpower Commission Field Instruc- under consideration should be notified
tion 549, supplement 1, November 21, that a statement of availability may
1944, as summarized in 13 Law Week be required later if he is offered appoint-
2269).*
ment but that no action should be taken
No War Manpower Commission clear- to obtain one from his employer or from
ance, except any necessary in-migrant the United States Employment Service
clearance, will be required of persons until he is definitely notified of his selec-
last employed in the Territory of Ha- tion for appointment. After final selec-
waii (departmental circular No. 442, tion for appointment has been made,
supplement 5, June 15, 1944).
the appointee should be informed in
Procedure in obtaining clearances the offer of appointment or instructions
under employment-stubilization pro- to report for duty that he must present
grams.-All clearances necessary under | whatever clearances are necessary.
applicable employment-stabilization pro- When an individual subject to pri-
grams must be secured for each ap- ority referral is selected for appoint-
pointee prior to entrance on duty. I ment in the departmental service in
(January 25, 1945)
1
!
83.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
secure
1
page 19.
Washington, D. C., and is requested to | War Manpower Commission, be made
priority-referral clearance applicable to the hiring of employees
from the United States Employment of a foreign, State, county, or municipal
Service, he should be advised to inform government, or their political subdivi-
the United States Employment Service sions, or their agencies and instrumen-
of the national priority rating of the talities.
program under which he has been re- The other features of employment
cruited (see page 82.01) (departmentai stabilization programs under War Man-
circular No. 442, October 19, 1943, and power Commission Regulation 7 are
supplement 7 thereto, August 26, 1944). not applicable to the hiring of employ-
As to War Manpower Commission ees of such governments, political sub-
clearances in recruitment for positions divisions, agencies, or instrumentalities,
under Scheclules A and B, see notes on unless the government, political sub-
division, agency, or instrumentality re-
In any case where the employer or quests inclusion under the program. It
the United States Employment Service, will, nevertheless, be the policy of the
as the case may be, fails to issue ox Federal Government to secure releases
refuses to issue a statement of avail- from foreign, State, county, or munici-
ability to the selected applicant and such pal governments before hiring their em-
failure or refusal appears to the ap- ployees. Since appeals from decisions
pointing officer to be unjustified, he will made by such of these governmental
take the matter up with the Commis units as have not requested inclusion
sion's representative. If the Commis- | under the appropriate program cannot
sion's representative «concurs with the be channeled through the normal ap-
appointing officer that the failure or peals procedures of the War Manpower
refusal to issue a statement of avail-Commission, the representatives of the
ability appears to be unjustifid, the Civil Service Commission are author-
Commission's representative will then ized to approve the appointment of an
take the matter up with a representative employee of a foreign, State, county, or
of the War Manpower Commission (ac- municipal government to whom a re-
tion of Commission, February 20, 1943). lease has been denied, provided the
As to penalties for employment in vio- hiring is in harmony with the policies
lation of employment-stabilization pro- of the War Manpower Commission
giams, see notes on page 43.
regarding issuing statements of avail-
*Hiring of employees of foreign, ability or referral by the United States
State, county, or municipal govern- Employment Service as established in
ment.-Under current War Manpower section 907.4 of War Manpower Com-
Commission regulations, the priority. mission Regulation 7 (departmental
referral features of employment-stabi- circular No. 442, October 19, 1943).
lization programs may, in the discretion (For the text of section 907.4, see page
of the proper authorities within the 1358.)
(January 25, 1945)
2
NOTES ON REENTRY INTO THE FEDERAL SERVICE
122
:&
vised, March 30, 1942; departmental cir. Citizenship. The citizenship require-
cular No. 323, revised, supplement 3, re- ments for reappointment under war.
vision 3, May. 14, 1943; departmental service regulation VIII are the same as
circular No. 409, February 17, 1943; those for original war-service appoint-
Commission's minute 3 of May 17, 1927;ment (Commission's minute 1 of April
minute 2 of October 22, 1940; minute 21, 1944). As to those requirements,
2 of March 24, 1941).
see pages 52.01 and 92.*
Trial period after reappointment.- Entry into military service.--Author-
See war-service regulation VIII.
ity for person's reappointment
RESTRICTIONS ON REAPPOINTMENT
granted by the Commission is canceled
by his induction into the military sery-
*Minimum service requirement.-See
ice before entrance on duty in the
notes on page 119.
civilian position (Commission's minute
Time limit.See notes on page 119.
2 of July 8, 1943).
Agency nomination.—The provisions
Holding State or local office.-See
of war-service regulation VIII are an-
notes on page 413.
plicable only to cases where the reap-
Apportionment.—The apportionment
pointment is made on nomination by the
appointing officer. Such agency-nomi- requirements do not apply to reap-
nation cases will include those persons
pointments under war-service regula-
who may be certified from a competition VIII (Commission's minute 7 of
August 29, 1942).
tiye list to the agency but who are sub-
sequently nominated by the agency for
Family restriction in reinstatement.-
reappointment under regulation VIII, See notes, page 93.
whether or not they could have been
Reinstatement of persons retired for
selected from the competitive certificate. age or under optional retirement provi.
If such persons are actually selected sions.-See notes, page 132.
from the competitive certificate, there Reinstatement of persons retired for
must be full compliance with the pro- physical disability.-Annuitants who
visions of section 4 of regulation IV have been retired on account of physi-
(action of Commission, July 26, 1944). cal disability must not be reemployed
For further details as to the selection without prior approval of the Civil
of former employees from a certificate, Service Commission. The Commission
see notes on page 81. As to the certifi- must, among other things, determine
cation and appointment of former em- that the annuitant has recovered, or
ployees from the reemployment list, un- is physically qualified to perform the
der regulation XIV, see notes on page duties of the position involved (retire-
128.
ment circular No. 107, August 19, 1942,
Agency in which reappointment may be and supplement 1 thereto, February 16,
approved. There is no restriction as to 1943). As to the submission of a medical
the agency in which preference eligibles, certificate with the request for reap-
or persons with a status for reinstate-
pointment, see page 121.
ment under civil-service rule IX, may
be reappointed under war-service regu-
*The reemployment of any annuitant,
lation VIII. Former employees not en-
regardless of the law under which re-
titled to preference, whose eligibility for tired, must be reported immediately by
reappointment is based solely upon serv-
the department or agency (1) by letter
ice for 30 day's or more under war-serv-
to the Commission's Retirement Divi-
ice indefinite appointment, may be re- sion, and (2) on the regular report of
appointed under war-service regulation personnel actions (action of Commis-
VIII only in the agency in which their sion, September 12, 1944).
former service was rendered (depart- Noncompetitive examination.-Section
mental circular No. 493, July 3, 1944). 1 af war-service regulation I provides
(November 16, 1944)
1
1
122.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
that examinations for reappointment Discrimination against or in favor of
may be noncompetitive. The term "non- particular groups.-See notes on page 44.
competitive”, as used in this provision, Former conviction of felony.-The 2-
refers to the nature of the appointment year limitation upon approval of ap-
action rather than to qualifications pointments to the special group of posi-
standards; it means that the action is tions listed on page 55 of persons con-
taken without requiring the person to victed of felony does not apply in the
compete with other possible candidates. case of former employees proposed for
In general, the person proposed for re- reinstatement or reappointment. Each
appointment under regulation VIII is such case will be decided on its merits
required to meet the standards as to ex- (Commission's minute 1 of March 20,
perience and training established for 1936; minute 6 of January 25, 1941;
open competitive examination for the minute 6 of March 26, 1941; minute 3
position to which reappointment is pro- of August 27, 1942).
posed; however, sections 1, 2, and 3 of Refund of lump-sum payment for ac-
regulation VIII provide that noncom- cumulated and accrued annual leave.---
petitive standards may be used in de. See page 516.03.
termining the qualifications of a person Release from former employer.-See
proposed by his, former agency for re- sections 1 and 2 of war-service regula-
appointment to the same or a lower tion X and notes on pages 81 and 82.
grade position of the same general type Reappointment of dentists, physicians,
as one in which he previously served sanitary engineers, and veterinarians.-
in such agency (action of Commission, See page 84.
July 26, 1944). With respect to reex-
Reemployment after resignation.--
amination of persons who fail in reap- Failure upon the part of an employee
pointment examinations, see page 64.
whose services have otherwise been sat-
Railroad preference.—The preference isfactory to give advance notice before
of persons having experience in rail-
resigning will not ordinarily be regard-
road service in appointments to the
ed by the Commission as a basis for a
Railroad Retirement Board, provider
by section 10 (b) of the act of June 24, bar to the employee's further employ-
1937 (50 Stat. 314; 45 U. S. C. 19:0 ment in the Federal service (depart-
ed. 228), and by section 12 of the act
mental circular No. 404, January 20,
of June 25, 1938 (52 Stat. 1100; 45 1943).
U. S. C. 1940 ed. 362), does not apply Reappointment in another Federal
to reappointments (Commission's min- agency within *60* days of separation
ute 2 of August 5, 1940).
will not be authorized if transfer would
(January 25, 1945)
NOTES ON REENTRY INTO THE FEDERAL SERVICE
123
not have been authorized before separa- | The Commission will determine whether
tion. If the agency from which the or not the circumstances set forth by
individual was separated objects to the the department are such as to justify a
transaction because he resigned in viola- bar to further employment in the Fed-
tion of an agreement or understanding eral service (departmental circular No.
to serve a longer period or to give a 404, January 20, 1943). As to special
reasonable amount of notice and the procedure in the case of employees en-
Commission agrees that the depart- titled to veteran preference, see section
ment's objections are valid, leappoint-2 of war-service regulation VII, page
ment will not be approved during the 30.01.
*60-da yperiod. A requirement of more A person removed under section 9 (a)
than two weeks' notice will, except in of the Hatch Act cannot be considered
unusual circumstances, be regarded as for reemployment in the position from
unreasonable (departmental circular No. which he was removed, even though his
404, supplement 1, February 27, 1943 ; record is subsequently cleared for reap-
*departmental circular No. 493, supple- pointment purposes. With respect to
ment 8, January 25, 1945).*
the procedure for his reinstatement to
Reappointment after separation for other positions, see page 417.
cause.—Each application for reappoint- Section 4 of civil-service rule XII pro-
ment of a person who was last sepa- vides a method for effecting the rein-
rated from the Government service for statement, in a department other than
cause will be considered on its own the one from which separated, of an em-
merits, whether a year has elapsed ployee who has been removed on charges.
since separation or not. Determination For the text of this section and the
whether or not a separation is "for procedure thereunder, see pages 283 and
cause" will be governed by the actual | 183.01.
facts in the case rather than the word-
SPECIAL TYPES OF REINSTATEMENTS OR
ing of the department's separation rec-
REAPPOINTMENTS
ord (actions of Commission, August 22
and October 30, 1942).
Reinstatement of conscientious objec-
tors.—See page 140.
When discharge is for inefficiency not
Reinstatement after honorable dis-
due to delinquency or misconduct, and
it is desired to give further trial on charge from armed forces. Mandatory
work of a character better fitted to the restoration under the Selective Training
and Service Act and similar legislation
abilities of the employee, reappointment
is discussed on pages 136.02 to 145.
will be approved if other requirements
are met (Commission's minute 2 of No- Appointment of former classified em-
vember 13, 1900).
ployees who are honorably discharged
Whenever the circumstances
from the military service and who fail
rounding the separation of an employee of, or do not desire, mandatory restora-
tion under the provisions of the Selec-
are such as to reflect on his suita-
tive Training and Service Act may, at
bility for reemployment in the Fed-
the request of the employee and the re-
eral service the employee must be noti-
fied in writing of these circumstances, civil-service rule IX (see page 264),
questing agency, be approved under
preferably by a copy of the report to rather than under war-service regula-
the Commission of the personnel action, tion VIII. This would confer regular
and an employee who receives such a classified civil service appointment (de-
notification has a right to file with the partmental circular No. 194, July 20,
Civil Service Commission in writing a 1944). Where immediate appointment
presentation of his side of the case. is made pending reinstatement under
Sur-
(January 25, 1945)
124 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
i
1
-
OD
page 266.
rule IX, the appointment will be au- will not be regarded as satisfying such
thorized under the provisions of section order (Commission's minute 3 of July
1 of civil-service rule VIII (see page 25, 1934).
261). The agency should follow through Reappointment of injured employee.-
promptly, however, with all steps nec- An employee receiving compensation,
essary for formal reinstatement under who is carried on the rolls of his de-
rule IX (action of Commission, July 3, partment or office, may be recalled to
1944).
active duty without the reappointment
As to recall to duty or transfer of procedure prescribed in war-service
such employees, in cases where they are regulation VIII, but if he has been
carried on leave-without-pay or fur- separated from the rolls of his depart-
lough, see notes on pages 141 and 149, ment or office, prior authority of the
respectively.
Coinniission, the regional director, or
Mandatory reinstatement after servo his representative for the reappoint-
ice in merchant marine. See page 136.*
ment must be obtained as prescribed
Mandatory reemployment after war
in regulation VIII.
transfer.—See pages 146 to 147.
Reinstatement of classified employees der the Federal Employees' Compensa-
A person drawing compensation na-
te field positions in the Post Office De- tion Act may or may not have the
partment. See notes
status of employee. The fact of ac..
*As to postmaster positions, see pages
quiring a conipensation status does not
377 to 382.*
Reinstatement of former legislative per se work a severance of his rela-
employee under section 2(b) of the tion to the Government as enployee
He retains his status of employee so
Ramspeck Act. See notes on page 134.
Reappointment of person separated long as his name is borne upon the pay
because of failure to qualify for reten-rolls of his department (21 Pension
and Retirement 311).
tion under the Ramspeck Act.—See notes
Reappointment of person retired for
on page 210.
Persons appointed through individual disability. --See notes on page 122.
Executive orders.-An Executive order
Reappointment of person retired for
which permits the permanent appoint- age.--See notes on page 129.
ment of an individual without regard
Reemployment list-See notes below.
to the provisions of the Civil Service *APPOINTMENT FROM WAR REEMPLOY-
Act and rules shall be construed as
MENT LIST
being satisfied when one permanent ap-
pointment is made thereunder, and re- Eligibility for Entry on W'ar Reemploy.
employment shall be subject to the
ment List
usual provisions of the rules or regula- The classes of persons who are eligible
tions relating to reinstatement or re- for entry on the War Reemployment
appointment. Temporary appointment List are set forth in war-service regu-
or appointments, under an Executive or-lation XIV (page 41.02). One of the
der permitting perinanent employment, ] requirements applicable to all classes is
1
(July 27, 1941)
RULE II--CLASSIFICATION OF THE SERVICE
231-232
lations, and in connection with cases desires the right of the appointment
which may arise' after the , lifting of officer, in making appointments to or re-
the suspension.]
movals from such position, to be unre-
*Classified Status Based on Probational stricted, the President is clearly 'em-
powered to provide that the appointment
Appointment or Eligibility Therefor
officer may fill such position through the
Executive Order No. 9506 of Decem- regular procedure of the Civil Service
ber 12, 1944 (9 F. R. 14637), provides in Act and rules, and that if the appoint-
part as follows:
ment officer chooses to do so, the person
“Hereafter no person shall be ac- so appointed shall, by reason of such ap-
corded a classified civil service status pointment, become eligible for subse-
on the basis of his name having been quent transfer, promotion, or reinstate-
reached on a civil service register un- ment to a position in the classified civil
less he shall have been regularly se-service.
service. In so providing the President
lected for appointment from a certifi- | is merely preserving the rights of such
cate issued by the Civil Service Com- persons obtained through competitive
mission for probational appointment examination, by declaring such person
and shall have entered on duty pursu- eligible for subsequent transfer, promo-
ant to selection from such certificate.” tion, or reinstatement to a position in
(Prior to the issuance of this Execu- the classified civil service, and such
tive order, it had been the Commis- declaration does not in any manner
sion's practice to accord a competitive whatsoever affect or restrict the powers
classified status to a nonclassified en-
of the appointment officer in making ap-
ployee where the employee's name was pointments to or removals from such
reached for certification for proba-
positions.
tional appointment to the position held
"When Congress provides that a posi-
on the date his name was reached, even
tion shall not be subject to the provi-
though certification was not actually sions of the Civil Service Act and rules,
made. This policy was authorized by it. discloses its intention that a person
section 5 of civil-service rule VIII in appointed to such a position shall not
the case of persons holding temporary be entitled to the benefits of the Civil
appointments, and it was applied by Service Act and rules with respect to
analogy to incunibents of excepted po- his employment in the excepted position.
sitions, whether the position was ex. Accordingly, he is not while holding
cepted by statute, Executive order, or
such position entitled to
the civil-service rules. A classified
curity of tenure he would have enjoyed
status was accorded only if the em- had the position not been excepted by
ployee met all competitive require-
ments and
law. But there is nothing in the action
the various conditions
of Congress in excepting the position
precedent to the acquisition of a clas-
sified status upon ordinary probational by law which indicates a purpose of Con-
appointment.)
gress that the employee shall not be
The Commission does not issue cer-
entitled to acquire or retain a status
tificates for probational appointment to under the civil-service laws. Such a
fill positions subject to the war-service status has no effect upon his tenure or
regulations. As to the status of em- rights with respect to the excepted-by-
ployees selected for appointment from law position, and is in no way incon-
such certificates, during the periodsistent with the statutory provision that
when they were still being issued, see the position shall not be subject to the
notes on pages 208 to 215.*
Civil Service Act or rules" (37 Op. Atty.
Status of classified employees in ex- Gen. 12, June 10, 1932).
cepted positions.-"*
it is iny
As to the removal of a classifieıl em-
opinion that while Congress may exceptployee from an excepted position, see
a position from the operation of the notes on page 180.
Civil Service Act and rules because it
*
*
se-
(January 25, 1945)
233 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
classified Status Based on Inclusion of son appointed under section 6 of war-
Position in Classified Service service regulation V is the same as that
*Executive orders or statutes which of any other appointee under the war-
bring positions into the classified sery- | service regulations. At the expiration
ice, or otherwise make them subject to of six months after the war, such per-
competitive examination, frequently son may be recommended for a classi-
contain specific provisions as to the fied civil-service status in accordance
manner in which the incumbents of with section 6 of civil-service rule II
those positions shall acquire a classi- provided his position becomes a perma-
fied status. In the absence of any pro-
nent position in the classified civil serv-
vision as to the status of the incum-
ice and he is still the incumbent thereof
bents in the Executive order or statute,
(section 6 of war-service regulation V;
or in other statutes, Executive orders, departmental circular No: 323, revised,
rules, or regulations, the incumbents supplement 16, revision 2, August 27,
are subject to section 6 of rule II. In
1943).*
Evidence of intention of Congress re-
the case of certain positions in the Post
Office Department, section 7 of rule II garding classification of incumbent.-
is the authority for according a classi- The Commission will not consider for
fied status to the incumbents; even in classification under section 6 of rule II
these cases, however, the method of any case submitted for consideration on
classification of the incumbents, and the sole basis of increase in regular ap-
the requirements which they must propriations hereafter granted by Con-
meet, are prescribed by section 6 of gress. There must be affirmative lan-
rule II.
guage used in the appropriation act
Section 6 of civil-service rule II is itself to show that it is the intention
still in effect as to postal employees of Congress to grant regular funds for
who become eligible for a classified
the purpose of transferring non-civil-
civil-service status in accordance with service positions with their incumbents
section 7 of civil-service rule II. It has to the regular civil-service rolls, or other
heen suspended by section 1 of war-
evidence must be submitted clearly es-
service regulation XI as to appoint- tablishing that the Congress in appro-
ments made under section 6 of war-
priating for the position or group of
service regulation V. (Section 6 of
positions affected intended that the in-
cumbents thereof should secure a regil-
war-service regulation V provides for
lar civil-service status by reason of the
the granting of war-service appoint-
mients to any person holding a position No. 200, August 18, 1939).
appropriation (departmental circular
in a public or private enterprise which
Classification restricted to incumbents
is taken over by the Federal Govern- of permanent positions.—Classification
ment and who thereby becomes an em-
is permissible only in the case of in-
ployee of the Government, and to any cumbents of permanent positions which
Federal employee holding a position are brought into the classified service
which is excepted from the Civil Serr- (Commission's minute 6 of May 2, 1939).
ice Act and rules and the war-service Effective date of classification.-
regulations when his position is made *See page 234.01.*
subject to the Civil Service Act and Classification nunc pro tunc.-Clas-
rules or the war-service regulations.) sification of employees who occupy per-
During the war, the status of a per- | manent positions at the time they are
:
(January 25, 1975)
RULE II-CLASSIFICATION OF THE SERVICE
234
on
brought into the classified service, but (3) Civil Service Commission Form
who leave the service before recom- 14, if veteran preference is claimed ;
mendation is made for their classifica- (4) Evidence of citizenship, if for-
tion, will be authorized nunc pro tunc eign born.
if later recommended and if they meet Forms 2413 and 57 (or 60) should be
the requirements, provided that if the not more than one year old when re-
employee was not a citizen of the United ceived in the Commission.
States or of the Commonwealth of the The recommendation should be sub-
Philippines or if he was unable to meet mitted to the central office of the Com-
the requirements as to suitability or the mission, Attention: Service Record
provisions of section 9 of the Civil Serv- Division.
ice Act before separation from the Proof of date of birth.-In any case
service, he will not be eligible for classi- where discrepant statements have been
fication nunc pro tunc.
made with regard to a date of birth and
Employees who occupy positions at one of the dates, if proved, would place
the time they are brought into the classi- the person at or beyond 70 years of age,
fied service and who are recommended evidence of correct date of birth is
for classification but fail to qualify and required. *
are subsequently separated from the Age limits classification. The
service (without a classified status) will natural retirement age will not be ap-
not be eligible for classification nunc pro plied in connection with the proposed
tunc (Commission's minute 6 of May 2, classification under section 6 of rule II
1939; departmental circular No. 197, of an employee who, on the date of the
July 12, 1939; departmental circular No. change in the status of his position, had
362, August 6,*1942).
passed the natural retirement age for
Time limit not placed on classification that position, although he may not have
otherwise permissible.-Unless there is served the 15 years necessary to grant
a time limit in the Executive order of him an annuity immediately upon clas-
classification, the Commission has no sification (Commission's ininute 2 of
authority to place a time limit on the March 22, 1938).
classification of employees affected by *Citizenship.-An individual proposed
that order whenever all the conditions for classification under section 6 of rule
necessary to classification met II must be a citizen of, or owe allegiance
(Commission's minute 2 of November to, the United States.
19, 1935).
Physical requirements. An individ-
*Recommendation for classification ual proposed for classification under
under rule II.--Recommendation for section 6 of rule II must meet the physi-
classification under civil-service rule II cal requirements for the position in
is to be made by the agency in which which he is to receive a classified status.
the person served when he became sub- Section 6 of rule II provides, liowever,
ject to classification, such classified that the Commission “may, in its dis-
status to be proposed in the position cretion, exempt from the physical re-
he held at that time. The recommenda- quirements established for any position
tion should be accompanied by the fol- any employee who has rendered long
lowing forms:
and faithful service in a civil capacity
(1) Civil Service Commission Form for the Government." The plırase
2413 (Medical Certificate):
"long and faithful service" is inter-
(2) Standard Form 57 or 00, which preted as meaning a minimum of twelve
ever is applicable (Application for Fed years of continuous service immediately
eral Employment);
prior to the date the employee acquires
are
628527 0 45 - 2
(January 25, 1945)
234.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
t'
1
í
a classified status. 'Long service will Veteran preference in noncompetitive
not in itself warrant waiver of physical examinations for classification.-In con-
requirements; there must be a showing nection with noncompetitive examina-
of faithful service also. When physical tions for classification purposes, the
requirements are not met in connection same requirement as to rating is ap-
with a classification, the usual notifica-plied as in open competitive examina-
tion of ineligibility will be transmitted. tion, and the bonus for military service
to the clepartment or agency concerned, is added as would be done in open com-
und whenever waiver of physical re-petitive examination (Commission's
quirements is deemed warranted and minute 2 of March 2, 1934).
is desired by the department or agency Reexamination of persons who fail
under this provision of the rules, indi- in noncompetitive examinations.-See
vidual request for such waiver may be notes, page 63.
transmitted to the Commission in each *Classification certificates.—Civil
individual case with a detailed state- Service Commission Forin 3329 is used
ment of the reasons why the employee by the Commission in authorizing classi-
should be excepted from the physical fication under civil-service rule II, and
requirements established for that posi- Form 3820 or 3820a, whichever is ap-
tion (Commission's minute 4 of May 11, plicable, in authorizing classification
1940; departmental circular No. 216, under section 6 of Executive Order No.
April 4, 1940, and suppleinent 1 thereto, 8743 (see page 330). These forms are
June 6, 1940).*
transmitted to the agency recommend-
Apportionment and residence.-The ing the person for classification. The
apportionment does not apply to classi- practice is not to issue a certificate
fication under section 6 of rule II (Com-authorizing classification until all re-
mission's minute 1 of February 5, 1937). I quirements are met, including, when
(See also section 3 of rule VII.) *There necessary, establishment of correct date
are no residence requirements under this of birth.
section of the l'ule.
Reporting and recording of classifica-
Medical certificate in classification.- tion.--It is not required that the classi-
Medical certificates submitted in connec-fication of an individual, whether au-
tion with recommendations of employees thorized under civil-service rule II, Exec-
for classification are acceptable if exe-utive order, or specific legislation, be
cuted not more than one year prior to included in the reports of personnel ac-
the date they are received in the Com- tions submitted to the Commission (see
mission. *
page 203) unless the classification is in
In cases where the individual holding the field service of the Post Office De-
a position which has been brought into partment under an authority other than
the classified service by section 6 of rule the Ramspeck Act. However, the clas-
II, by Executive Order No. 7916 of June sification should be entered on the em-
24, 1938, by specific legislation, or other ployee's record in the agency to which
wise, fails to qualify in some respects the certificate is issued (with appro-
for classification, but does establish priate effective date) and the employee
physical qualification, and is continued should be notified accordingly (depart-
in the position in status quo, no further mental circular No. 492, July 19, 1944).
medical certificate will be required when Effective date of classification.-Cer-
his classification is again proposed, retificates authorizing classification un-
gardless of the period of time which has ser section 6 of rule II, Executive order,
elapsed (Commission's minute 2 of or legislation bear the statement that
March 16, 1939).
classification is to be effective on the
(January 25, 1945)
RULE II-CLASSIFICATION OF THE SERVICE
234.02
first day of the month following the lommendation) and the person was not
issuance of the certificate, unless a dif- serving in the position in which classi-
ferent date is specified thereon. - Any fication is authorized on the date speci-
other date, however, may be selected by fied on the certificate as the effective
the agency as the effective date of clas- date of classification, the agency must
sification, without aménded certificate bring the case to the attention of the
of the Commission, provided all the fol- | Cominission for necessary remediál
lowing conditions are met:
action.
(1) On the date selected, the person
APPOINTMENTS UNDER SECTION 8 OF
was serving in the position for which
the certificate is issued.
RULE II
(2) The date selected is not earlier Family restriction under section 8, ,
than that on which the employee be- rule II.-In consideration of the emer-
came subject to classification:
gency governing cases of appointments
(3) The date selected is not later under section 8 of rule II, such appoint-
than the first of the month followingments will not be regarded as being re-
the date of issuance of the certificate. stricted by the provisions of section 9
(4) Classification had not previously of the Civil Service Act, which forbids,
been disallowed by the Commission the appointment of more than two mem-
(departmental circular No. 172, sup-bers of a family in the classified service
plement 6, April 1, 1940). (The pro- (Commission's minute 2 of May 28,
cedure set forth in this circular as ap- 1918). Section 9 of the act applies, how-
plying to classifications under Execu- ever, to the acquisition of a classified
tive Order No. 7916 of June 24, 1938, status under this section.
is observed in connection with classifica- Time restriction under section 8, rule
tions under other Executive orders, and II.~Whenever the Commission sees fit
statutes and section 6 of rule II.) to limit employinent authorized under
When a certificate authorizing clas- this section, such limitation should be
sification lias been issued on re observed by the appointing officer, and
opened (ase (one which an agency has authority for any extension beyond that
requested be given further considera- period should be obtained from the
tion, the Commission having been un-Commission; when no time limit is
able to authorize the classification at placed in the authorization it is to be
the time of acting on the original rec- understood that the employment may
i
(January 23, 1945)
235 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
continue as long as necessary to ac-amination: Provided (a) That he has
complish the purpose for which it was rendered at least one year of satisfac-
made (Commission's minute 1 of Feb-tory active service in such position under
ruary 25, 1914).
authority of that rule; (b) That he is
Acquisition of a classified status under not disqualified by any provision of sec-
section 8, rule II.-"The incumbent of tion 3 of civil service rule V or of any
any position heretofore or hereafter ap- other civil service rule, or by any pro-
pointed under section 8 of civil service visions of the Civil Service Act or any
rule II (or prior to February 1, 1939, other statute or Executive order.
under section 10 of civil service rule “No person appointed under this rule
II), shall, upon recommendation to the may be transferred or assigned to any
Commission by the head of the departo other position without the express prior
ment or agency in which he is employed, approval of the Commission” (Commis-
have all the rights in such department or sion's minute 1 of December 2, 1940;
agency which he would have acquired departmental circular No. 245, December
if appointed thereto by competitive ex- | 9, 1940).
RULE III-EXAMINATIONS
236
RULE III
EXAMINATIONS
1
[Superseded by the war-service regulations (see page 21) as to positions subject
to those regulations]
1. Competitive examinations.—The Commission shall prepare, recruit
for, hold, and rate open competitive examinations for admission to
the classified service, and in all other cases required by these rules
or by Executive order, which examinations shall be of a practical and
suitable character, and shall be held at such times and places as may
most nearly meet the needs of the service, with due consideration for
the convenience of applicants.
2. Noncompetitive examinations. The Commission may give non-
competitive examinations to test fitness for (a) reinstatement, (6)
appointment to positions excepted from the classified service under
these rules or by Executive order; and may give noncompetitive
examination for transfer or promotion when in its opinion competi-
tive examinations are not practicable.?
3. Examinations.--Examinations shall whenever practicable be as-
sembled and include written or practical tests; the rating of ex-
perience when part of the test shall, so far as practicable, follow per-
sonal interview and be qualitative as well as quantitative." Whenever
the announcement of any examination in which education, training or
experience is prerequisite shall so state, and the applicants are given
opportunity to file detailed sworn statements of their qualifications,
a preliminary competitive rating may be given on the basis of the
duties, requirements, and conditions of work in the position to be
filled before any applicant shall be required to travel for further
tests. Applicants rated highest on such preliminary rating, to a num-
ber not incommensurate with the number of vacancies expected dur-
ing the life of the list, shall be afforded opportunity to assemble or
otherwise compete in such further competitive tests as the Commis-
sion may require. The character, record, and physical fitness of ap-
plicants shall be tested or investigated and approved whenever prac
ticable prior to certification.
1 Based on section 2, clause 2, paragraph 1, und section 3 of the Civil Service Act.
*Section 3 of the Veterans' Preference Act of 19944 (page 10,01) provides for the limiting
of competition in certain examinations to persons entitled to preference under that act.*
? As amended by Executive Order No. 8587, November 7, 19940. *It was hell in the
case of Borak v. Bidille (1+1 I. (201):278) that all regulations issued under authority of
this order must be published in the Federal Register.*
With respect to use, for noncompetitive changes in status in other agencies, of eligibility
attained in separtmental competitive-promotion examinations, see note, page 281.
*
*
*
*
* Section of the Veterans' Preference Art of 1944, which appears on page 10.01,
contains certain provisions as to the crediting of military or naval service and unpaid
experience. Section 5 of the same act limits the extent to which minimum plucational
requirements may be prescribed.*
(January 23, 1945)
237 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
1
4. Examinations for professional or technical positions.-All examina-
tions for professional or technical positions or positions which under
existing. executive practice are filled only by persons having profes-
sional or technical training shall be formulated by the Civil Service
Commission in collaboration with the head of the affected department,
independent establishment, or corporation, or his designated repre-
sentative, and shall make due allowance for the particular training, ex-
perience, and skill regarded as requisite under existing administrative
practice.
NOTES ON RULE III
.
4
Civil-service rule III has been super- cial Examinations and Reexaminations"
seded by the war-service regulations as (page 62) are applicable to examinations
to positions subject to those regulations. under the civil-service rules as well as
The notes on "Instruction of Applicants to examinations under the war-service
for Examination" (page 60) and “Spe- regulations.
,
Section 5 of the Veterans' Preference Act of 1944 (page 10,02) provides in part
as follows:
"No minimum educational requirement will be prescribed in any civil-service examination
except for such scientific, technical, or professional positions the duties of which the Civil
Service Commission decides cannot be performed by a person who does not have such
education. The Commission shall make a part of its public records its rensons for such
(lecisions."
Section of the same uet requires that credit be given under certain circumstances
for military or naral service and for unpaid experience. See page 10.01.*
1
+
1
(January 25, 1945)
RULE IV-BOARDS OF EXAMINERS
238
:
RULE IV
BOARDS OF EXAMINERS 1
t
1. Appointment and duties.-(a) The Commission shall designate
from among persons in the Federal, service, after consulting the
head of the department or office in which such persons serve, such
boards of examiners as it shall deem necessary. Their members
shall perform such duties as the Commission may direct, in connec-
tion with the execution of the Civil Service Act and these rules, and
in the performance thereof they shall be under the direct and sole
control of the Commission. Such duties shall be considered part
of the duties of the office in which they are serving and time shall
be allowed therefor during office hours. No such board shall be
composed solely of adherents of one political party when other
persons are available and competent to serve.?
(6) Where qualified special examiners are not available in the
Federal service, the Commission may designate individuals outside
the service specially qualified by experience and training, and of out-
standing reputation in their own field, to serve on a board of ex-
aminers for a particular examination, and may compensate them
for such service on a per-diem basis."
2. Cooperation with other boards, commissions, and agencies.—The
Commission shall render all practicable assistance to the Philippine
and Puerto Rico civil service boards, and such other Federal, State,
or local agencies as shall request its cooperation and offer like co-
operation or adequately provide its share of the expense, and shall
conduct or join in conducting examinations, upon their request,
under such regulations as may be jointly agreed upon. The Com-
mission may, in its discretion, certify eligibles from appropriate reg.
isters maintained by the Philippine and Puerto Rico civil service
boards and the civil service boards of State and local agencies:
Provided, That in the opinion of the Commission the examinations
from which such registers were established meet the requirements of
these rules and the standards established for examinations for the
Federal classified civil service.
.
4
1 For notes on boards of examiners, and on the organization of the Commission generally,
see page 17.
? Based on section 3 of the Civil Service Act..
8 as amended by Executive Order No. 8.587, November 7, 1940. *It was helil in the
(ase of Boraky. Biddle (141 F. (21) 278) that all regulations issued under authority
of this oriler must be published in the Farleral Register.*
As a nended by Executive Order No. 8587, November 7, 1940. *It was helit in the
case of Borak v. Biddle (141 F. (211) 278) that all regulations issued under authority
of this order must be published in the Federal Register.*
With regard to the filling of certain positions under the Social Security Boar from
merit-system registers, see page 368.
(January 23, 1945)
239 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
3. Executive officers to facilitate examinations.- Persons in the execu-
tive civil service shall facilitate the holding of examinations and
other work of the Commission; and executive officers in charge of
public buildings shall permit and arrange for the use of suitable
rooms under their charge, and for heating, lighting, and furnishing
them.5
6 Based on section 2, clause 1, and section 3 of the Civil Service Act.
Employment of janitor service in the District of Columbia.—The act of July 1, 1942
(56 Stat. 467), provides that the dual-compensation act of May 10, 1916 (39 Stat. 120 ;
5 U. S. C. 1940 ed. 58, 59), which is quoted on page 420 of this pamphlet, shall not
apply "to the custodial employees who are in the employ of the Board of Education
of the District of Columbia when such employees are performing work required of them
in school buildings during the time these buildings are used for nonrecreational official
purposes by any Federal agency
in accordance with the rules of the Board of
Education governing the use of school buildings and grounds."
RULE V-QUALIFICATIONS OF APPLICANTS
240
RULE V
5
QUALIFICATIONS OF APPLICANTS
[Superseded by the war-service regulations (see page 21) as to positions subject
to those regulations]
1. Citizenship.--No person shall be admitted to examination unless
he is a citizen of or owes allegiance to the United States.
2. Form of application.—Application for examination must be made
under oath, in such form and manner and accompanied by such
certificates as the Commission may prescribe.?
3. Disqualifications.-The Commission may, in its discretion, 'refuse
to examine an applicant for appointment or reinstatement or to
certify an eligible for any of the following reasons :3 (a) Dismissal
from the service for delinquency or misconduct; (6) physical or
mental unfitness for the position for which he applies: Provided,
That the Commission may, in its discretion, exempt from the physi-
cal requirements established for any position a disabled honorably
discharged soldier, sailor, or marine, upon a certificate of the United
States Veterans' Administration attesting that he has completed an
appropriate and sufficient rehabilitatory course of training for the
duties of the class of positions in which employment is sought:
Provided further, That the Commission may, in its discretion, waive
the physical requirements in the case of a disabled veteran not so
trained to permit his examination ;t (c) criminal, infamous, dishonest,
1 As amended by Executive Order No. 8587, November 7. 1940. *It was held in the
("ase of Borak v. Bidale (141 F. (20) 278) that all regulations issued under authority
of this order must be published in the Federal Register.*
? Baseil on section 2, clause 2, paragraph 1, of the Civil Service Act.
* Section 14 of the Veterans' Preference Act of 194+ (page 10.0+) provides in part
as follows:
"No permanent or indefinite preference eligible, who has completed a probationary or
trial period employed in the civil service, or in any establishment, agency, burean, admin-
istration, project, or department, hereinbefore referred to shall be
lebarrel
for future appointment except for such case as will promote the efficiency of the service
and for reasons given in writing
4 This authority for waiver of physical requirements extends to persons entitled to
10-point preference as the wives of (lisabledl veterans or the widow's of veterans (based on
Commission's minute 1 of February 19, 1944).
Section 5 of the Veterans' Preference Act of 194+ (page 10.02) provides in part is
follows:
"In determining qualifications for examination, appointment, promotion, reftention,
transfer, or reinstatement, with respect to preference eligibles, the Civil Service ('om-
mission or other examining agency shall waive requirement as to uge, height, and weight.
provided any such requirement is not essential to the performance of the duties of the
position for which examination is given. The ('ivil Service ('ommission or other examining
agency, after giving due consideration to the recommendation of any accredited physician,
shall waive the physical requirements in the case of any veteran, prorider such veteran
is, in the oyinion of the ('ivil Service Commission, or other examining agency physically
able to discharge efficiently the duties of the position for which the examination is given.'*
(January 25, 1945)
240.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
immoral, or notoriously disgraceful conduct; (d) intentionally mak-
ing a false statement as to any material fact, or practicing any decep-
tion or fraud in securing examination, registration, certification, or
appointment; (e) refusal to furnish testimony as required by rule
XIV; (f) habitual use of intoxicating beverages to excess; and (9)
illegality of the appointment applied for.
Any of the reasons stated in the foregoing subdivisions from (6)
to (9), inclusive, shall also be sufficient cause for removal from the
service.5
4. Age limits.—The Commission may, with the approval of the
proper appointing officer, change by regulation the existing age limits
for entrance to the examinations under these rules, but persons en-
titled to veteran preference may be examined without regard to age
except for such positions as the Commission shall specify: Provided,
That they have not reached the retirement age for the position
sought.6
o As amended by Executive Order No. 8587, November 7, 1940. *It was held in the
case of Borak v. Biddle (141 F. (20) 278) that all regulations issued under authority of
this order must be published in the Federal Register.
As to procedure in removal, and appeals by veterans from removals, see section 14 of
, ,
the Veterans' Preference Act (page 10.04); appeals regulations (page 177) ; and section 1
of civil-service rule XII (page 283).*
*As amended by Executive Order No. 8587, November 7, 1910. *It was held in the
case of Borak v. Biddle (141 T. (20) 278) that all regulations issued under authority of
this order must be published in the Federal Register.
Section 5 of the Veterans' Preference Act of 1944 (page 10.02) provides in part as
follows:
"In, determining qualifications for examination, appointment, promotion, retention,
transfer, or reinstatement, with respect to preference eligibles, the Civil Service Com-
mission or other examining agency shall waive requirement as to uge
*, provided
any such requirement is not essential to the performance of the duties of the position for
which examination is given."
1
(January 25, 1945)
LEAVE OF ABSENCE
515-516
*Retirement.-an employee may not work under a contract with the Govern-
be granted terminal annual leave imme- ment.
diately prior to retirement unless he Of course, the carrying of the em-
entered into a terminal-leave status ployee in a terminal-leave status may be
prior to December 21, 1944, the effective prohibited by other statutes; for exam-
date of the act providing for lump-sum ple, the salary in the private employ-
payments. This is true with regard to ment must not constitute a contribution
retirement for any reason, either volun- toward Federal salary in contravention
tary or involuntary. Where an employee of the act of March 3, 1917 (page 439.01)
is retiring because of reaching the auto-(16 Comp. Gen. 776, February 19, 1937;
matic retirement age prescribed by sec- | 23 Comp. Gen. 744, April 1, 1944; 20
tion 2 (a) of the Civil Service Retire- Comp. Gen. 488, February 27, 1941; 22
ment Act (see page 129), he must work Comp. Gen. 178, September 3, 1942; 23
through the last day of the month in Comp. Gen. 305, October 23, 1943).*
which he reaches automatic retirement Closing out leave record 8.--The
age, at which time he is entitled to re- agencies will audit leave records at the
ceive a lump-sum payment for all ac- time an employee leaves the service.
cumulated and current accrued annual They will retain leave records and at-
leave to his credit upon the last day of tendance reports for two years from
active duty (24 Comp. Gen. 134, August date of closing of the leave record
17, 1944; decisions, Comptroller General, (Form 70 or 70a) or until completion
January 13 and 18, 1945).
of pay-roll audit by the General Ac-
Transfer to position in agency under counting Office, whichever is later (de-
another leave system.-An employee partmental circular No. 504, October 20,
may not be granted terminal annual or 1944).
vacation leave immediately prior to Computation of amount of terminal
transfer to a position in an agency under leave.--The provision of the act of June
another leave system (decision, Comp-30, 1906 (34 Stat. 763), which requires
troller General, January 18, 1945).
the forfeiture of one day's pay for unau-
Acceptance of non-Federal employ- thorized absence on the 31st day of the
ment.--The dual-compensation statutes month, is not applicable to employees
do not prohibit a Federal agency from who are separated from the service on
carrying an employee on the rolls in a
the 30th day of a 31-day month (5
terminal leave status while he is em-Comp. Gen. 904, May 11, 1928).
ployed by:
Where an employee paid on an annual
basis for every day of the year, in-
(1) A State government;
cluding Sundays and holidays, is grant-
(2) An international agency (such as ed accumulated annual leave ending at
the United Nations Relief and Rehabili- the close of business on a Saturday,
tation Administration) if the funds pro- or the day preceding a holiday, and
vided for the participation of the United furlough without pay for the purpose
States in such agency are to be inter- of entering the Women's Army Corps
mingled with grants made by other na- is administratively approved in ad-
tions and thus lose their status as Fed- vance to begin on the next following
eral funds;
duty day, the employee is entitled to
(3) A private employer (including the compensation for the Sunday or holi-
American National Red Cross), even day intervening betweeu the expira-
though such employer is engaged on tion of annual leave and the beginning
(January 25, 1945)
516.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
483);
page 50+,
of the period of furlough without pay | *Lump-sum Pilyments for Annual Leave
(22. Comp. Gen. 581, January 1, 1943).
Circumstances in which lump-sum
The compensation payable for ter-
payments may be made.—The act of
minal annual leave of a per annum em-
December 21, 1944 (page 483.01), pro-
ployee who works part of each calen-
vides for the making of lump-sum pay-
dar day, but who is assigned to a shift
ments for the accumulated and current
consisting of 24 hours of continuous accrued annual or vacation leave of a
duty with a 24-hour rest period between civilian officer or employee of the Fed-
each of such continuous-duty periods, eral Government or the government of
may be computed on the basis of con- the District of Columbia under the fol-
sidering the employee entitled to 2
lowing circumstances:
days' compensation for each 24-hour
(1) Upon the death of the employee;
tour of duty and to 1/24 of 2/360 of his
(2) Upon the employee's separation
annual salary for each hour of leave
from the service;
for which he is to be paid (24 Comp. Gen.
(3) Upon the employee's electing to
70, August 5, 1944).
be paid compensation for leave in ac-
Additional accumulated leave made
cordance with the act of August 1, 1941,
retroactively available by statute.--See
notes on “Recrediting of leave made as amended, or section 4 of the act of
June 23, 1943 (for these acts, see page
retroactively available by statutory in-
crease of the maximum leave accumu-
(4) Upon his transfer to an agency
lation", page 497; and “Substitution of
leave with pay for leave without pay", under a different leave systém. The
provisions as to separation and transfer
have been held to include transfers to
Special termination leave.-Special
termination leave granted to employees positions not under any leare system
in excess of unused accumulated and (decision, Comptroller General, Janu-
accrued leave to which employees are ary 13, 1945).
entitled under the annual leave act of The lump-sum payment must be made
March 14, 1936, or Presidential regula- where the employee is actually sepa-
tions issued thereunder, will be regard- rated from the service for one or more
ed as “unaccrued leave advanced” and (lays, even though he is reemployed by
charged to future accruals of leave the same or another agency within a
earned while employed in another Fed- brief period. Civilian officers or em-
eral agency (16 Comp. Gen. 611, Decem- ployees who enter the active military
ber 22, 1936).
or naval service or the merchant ma-
Substitution of leave with pay for rine are considered as reinaining in a
periods of nonpay status.-See notes. civilian status for the purpose of exer-
cising their right to elect whether they
Payment of overtime on terminal an.
shall receive payment for their leave
nual leave.--Persons who are being paid
for accumulated annual leave pending or shall have it remain to their credit
termination are entitled to overtime until their return from such service (de-
compensation under the War Overtime cisions, Comptroller General, January
Pay Act of 1943 on such period of leave 16 and 17, 1945).
if they would have been entitled to such The act of December 21, 1944, does not
overtime had they remained in the serp. apply to cases where the employee's
ice (22 Comp. Gen. 810, February 16, death or transfer OC*Curred prior to
1913).
December 21, 1944; or where the em-
page 504.
t
(January 25, 1975)
LEAVE OF ABSENCE
516.02
*
ployee elected prior to that date to be should contain a statement showing
paid compensation for leave in accord- whether sick leave was granted to the
ance with the act of August 1, 1941, as employee over a period prior to the date
amended, or section 4 of the act of June of death, and, if granted, the period
23, 1943; or where the employee entered thereof (24 Comp. Gen. 143, August 21,
on terminal-leave status prior to De 1944; decisions, Comptroller General,
cember 21, 1944, his services otherwise January 13 and 18, 1945).
having been terminated prior thereto. Period covered by the lump-sum pay-
Employees who entered on terminal ment.-In determining the length of the
leave prior to December 21, 1944, may period on which the lump-sum pay.
not change the effective dates of their ment is based, credit for Sundays and
resignations for the purpose of receiv. holidays should be allowed (21 Comp.
ing a lump-sum payment for the re- Gen. 210, September 13, 1941; deci-
mainder of their leave (decisions, sion, Comptroller General, January 16,
Comptroller General, January 11, 13, 16, 1945).
17 and 19, 1945).
In the case of persons who elect to
Death of employee.-Section 2 of the receive paynient under the act of Au-
act of December 21, 1944, which au- gust 1, 1941, as amended, the leave is to
thorizes payments for accumulated and be computed over the period immedi-
current accrued annual leave upon the ately following the last day of active
death of an employee, requires that duty in the civilian position prior to
such payment be made, upon establish- entry into the military or naval service
ment of a valid claim therefor, to the (22 Comp. Gen. 229, September 15,
beneficiary or beneficiaries, if any, law- 1942; decisions, Comptroller General,
fully designated by the employee un- January 16 and 17, 1945).
der the retirement act applicable to his The provisions of the act of Decem-
service, and if there is no such desig- ber 21, 1944, as to the period on which
nated beneficiary, to the estate of the the lump-sum payment shall be based,
deceased employee. The employee do not extend to such period the pro-
may not designate å separate bene- visions of any other law upon the basis
ficiary to receive the payment for leave that the employee would have
but not the retirement deductions (de- mained in the service. Any period be-
(ision, Comptroller General, January tween the last day of active service of
18, 1945).
an employee receiving a lump-suw pay-
Section 2 of the act of Deceniber 21, ment for leave because of separation
1944, refers only to annual leave. As from the service or transfer to a position
to the retroactive granting or advanc- not under the same leave system, and
ing of sick leare in cases of death, see the date of reemployment, either in the
page 502.01.
same or in a different agency, must be
All claims in death cases, whether for regarded as a break in service for the
the lump-sum payment or for unpaid purpose of determining rights to within-
compensation due at date of death, and grade promotions, transfer of sick leave,
whether the employee died in service and reemployment benefits (decisions,
or after separation but before settle- Comptroller General, January 11 and
ment has been made, should be for- 13, 1945).
warded to the General Accounting Of- Rate at which lump-sum payment
fice for direct settlement. The admin- should be made.—Lump-sum payments
istrative report in cases where a claim under the act of December 21, 1947,
for unpaid compensation is involved / should be made at the base rate which
*
le-
(January 25, 1945)
516.03 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
1
*
the employee was receiving at the beceiving such payment (decisions, Comp-
ginning of the period covered by the troller General, January 13 and January
payment, plus any normal increment 18, 1945). As to the availability of such
allowable under the War Overtime Pay lump-sum payments for set-off, see
Act for that period. The lump-sum pay- page 290. Rulings governing tax de-
ment may not be increased because of a ductions from lump-sum payments upon
within-grade salary adyancement which separation from the service or upon
would have become effective after the transfer of the enployee to an agency
last day on which the employee per under a different leave system are con-
formed active duty (decisions, Comp- tained in a circular issued January 20,
troller General, January 13 and 17, 1945, by the Office of the Secretary of
1945).
the Treasury to the heads of depart-
An employee whose right to payment ments and establishments of the Federal
for leave is derived from the act of Government.
August 1, 1941, as amended, may be paid Procedure in making payment.-All
only in the position actually held imme- claims in death cases, whether the em-
diately prior to his entry into the active ployee died in service or after separa-
military or naval service. This is true tion but before settlement had been
even though he had been reduced to that made, should be forwarded to the Gen-
position immediately before such entry; eral Accounting Office for direct settle-
it is likewise true even though the posi- mnent. Other lump-sum payments under
tion was one to which he had been tem- the act of December 21, 1944, may be
porarily appointed or promoted to fill made in the usual way on vouchers
a vacancy created by another employee's certified and approved under the ad-
entry into active military or naval serv- ministrative office from which the em-
ice (21 Comp. Gen. 310, October 8, 1941; ployee is separated or transferred. In
21 Comp. Gen. 742, 744, February 2, support of the lump-sum payment on
1912).
the pay-roll voucher there should be
Retirement deductions should not be shown the information required before
made from any lump-sum payments un- enactment of the act of December 21,
der the act of December 21, 1944 (deci- 1944, as to name, grade, salary rate, and
sion, Comptroller General, January 18, separating action (except retirement
1915).
deductions). In addition, there should
Lump-sum payments under sections 1 be shown the number of days and hours
and 3 of the act of December 21, 1941, of accumulated and current accrued
are not to be regarded as salary or com- annual leave, the period over which
pensation for any purposes other than such leave has been computed for the
those of taxation. Lump-sum payments purpose of determining the lump-sum
under section 2 of the act, which au- payment, and the tax deduction. Pay-
thorizes such payments upon the death ments for leave under the act of August
of an employee, are not to be regarded 1, 1941, as amended, should also be
as salary or compensation for any pur- supported by a certified copy of the or-
pose. The question as to the extent, if der to active duty, or, in lieu thereof,
any, to which such a lump-sum payment a statement indicating that the em-
to the beneficiary or estate of a deceased ployee was ordered to such duty and
employee is to be subject to tax is for the date so ordered (21 Comp. Gen. 210,
determination by the Commissioner of September 13, 1941; decisions, Comp-
Internal Revenue in connection with the troller Generul, January 16 und 18,
tax returns of the person or persons re- 1945).
-
(January 25, 1945)
LEAVE OF ABSENCE
516.04
.
i
V
Refund of lump-sum payment for withheld at the time of payment; any.
leave upon reemployment.-If an em- adjustment in the matter of the em-
ployee who has received or is to receive ployee's income tax should be taken care
a lump-sum payment for accumulated of in the employee's income tax return,
and current accrued annual leave under and neither the administrative office nor
section 1 of the act of December 21, the General Accounting Office should be
1944 (page 483.01), is reemployed in the concerned therewith. The refund should
Federal service or in or under the gov- be made at the salary rate upon the
ernment of the District of Columbia basis of which the lump-sum payment for
under the same leave system prior to leave was computed, i. e., at the rate
the expiration of the period covered by received at the agency from which the
the leave payment, he must refund to the employee was separated (decisions,
employing agency an amount equal to Comptroller General, January 11, 13, and
the compensation covering the period 17, 1945).
between the date of reemployment and Under the terms of the act of De-
the expiration of the leave period. This cember 21, 1944, the amount of leave rep.
refund must be made even though the resented by the refund is recredited to
employee was actually separated from the employee in the employing agency.*
the service for only one day. The entire
Terminal Leave Other Than Annual
amount of the lump-sum payment should
Leave
be refunded immediately, and this re-
quirement as to refund should be made *The granting of sick leave upon ter-
a condition precedent to the reemploy- mination of service is an administrative
ment. The refund collected should be matter not subject to review or revision
the gross compensation for the period by the General Accounting Office (24
covered by the refund, including the tax Comp. Gen. 27, July 17, 1944).*
(January 25, 1945)
CIVIL SERVICE ACT AND RULES
633
JK
TRANSMITTAL SHEET NO. 32
A22
February 1, 1945
These sheets should be cut or torn apart along the perforations.
They should then be substituted as shown on the back of this page for
pages of the loose-leaf edition of the "Civil Service Act and Rules." The
steps in making the insertions are explained on page XX of the intro-
ductory chapter, "How to Use This Book." The date of this transmittal
sheet and the date of filing should then be noted on the "Filing Record"
at the front of the book, and this page should be filed immediately be-
hind Transmittal Sheet No. 31.
Please strike out the first paragraph in the left-hand column on page
504. This page will be amended later.
When this filing has been completed, and the change has been
made, pages 1 to 220, 231 to 242, 247 to 260, 285 to 365, and 377 to 525
will be up to date as of February 1, 1945.
Remarks
Additions have been made on pages 104, 455.01, 456, 495.01, 497.
Deletions have been made as indicated on pages 104.03, 456.02,
457-458, 506, 510-511, and 511.01.
Changes have been made on pages 104.02, 241, 453, 454, 455, 456.01,
456.02, 456.03, 457–458, 459, 497, 506, 506.01, 509, 510-511, and 512-514.
In response to requests from several users, the material on pages
453 to 459 has been reorganized, so as to differentiate between the
earning of within-grade salary advancements and the retention of
within-grade salary advancements which have already been earned.
In connection with this reorganization, a number of notes have been
shifted to different pages, and the notes on "Beginning date of waiting
period for periodic within-grade salary advancements" (pages 453 to
455) and on "Employees returning from active military or naval serv-
ice" (formerly on pages 457.01 to 458) have been condensed, but not
otherwise changed. The only genuine changes in this material are in
the last paragraph on page 455.01, the second paragraph on page 456,
and the last paragraph of the note on "Granting of salary increases to
employees who are about to be separated or transferred" (page 456.03).
The note entitled "Employee on active military or naval duty" (formerly
on page 457.01) has been deleted.
The former page 512 has been transferred to page 505.02, without
change in contents. It was desired to keep together all notes on leave
concerned with an employee's leaving an agency.
Most of the changes on pages 495 to 514 are due to the act of Decem-
ber 21, 1944 (page 483.01), as further interpreted by the Comptroller
General.
. 629766 0-45
TRANSMITTAL SHEET NO. 32 (February 1, 1945)
Reinove
Insert
Page
Edition Date
Page
Edition date
104
104. 01
104. 02
104. 03
Srptember 14, 1944.-- 104
do...
104. 01
..do ..
104. 02
do...
104. 03
February 1, 1945.
Do.
Do.
Do.
1
-
-
1
1
--
241
242
October 31, 1943.-
_do.
241
242
Do.
October 31, 1943.
1
I
1
453
454
455
456
456. 01
-
February 1, 1945.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
Do.
July 27, 1944.
453
November 30, 1944.-- 454
July 27, 1944.
455
455.01
do..
456
do..
456. 01
456. 02
456. 03
November 30, 1944.. 457-458
January 11, 1945.
-do---
November 30, 1944.
October 31, 1943 . 459
1
I
457
457. 01
457. 02
458
459
I
Do.
495
495. 01
January 4, 1945.
_do.
495
495. 01
January 4, 1945.
February 1, 1945.
497
dom
497
497.01
498
Do.
Do.
January 4, 1945.
498
do...
December 21, 1944.
506
506. 01
505. 02
506
506. 01
February 1, 1945.
Do.
Do.
do.--
1
--
509
510-511
February 1, 1945.
Do.
1
-
509
510
511
511.01
512
513-514
July 5, 1944.
December 21, 1944-
_do.
' do..
_do__
_do. .
-
511.01
512-514
Do.
Do.
-
1
1
-
NOTES.—Pages of the October 31, 1943, edition bear no edition date in the
lower outside corner.
DEPOSITED BY THE
UNITED STATES OF AMERICA
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT
104
MARS 45
The medical certificate should be re- ance with the existing provisions for
tained by the employing agency ex- the disposition of the permanent records
cept in cases where an eligible from of the agency or office. The medical cer-
whom a medical certificate has been se- tificate (Civil Service Commission Form
cured is not appointed. In cases of the 2413), and related documents such as
latter type, it should be forwarded to reports of X-ray examinations (Civil
the Commission or its regional office Service Commission Form 2413a) and
with the report on the certificate in on tuberculosis (Civil Service Commis-
order that it may be attached to the sion Form 4434) pertaining to the physi-
examination papers for referral to other cal condition of the individual, should be
appointing officers (departmental cir- treated as permanent confidential rec-
cular No. 320, February 18, 1942; de ords. It is to the interest of the Gov-
partmental circular No. 323, revised, ernment to have these records available
March 30, 1942). (As to cases where an for reference in connection with claims
agency submits objections to an eligible under Federal employees' compensation
on grounds of his physical unfitness, see and disability-retirement statutes, and
page 86.02.)
in making new placements of employees
While the Commission requires that (departmental circular No. 323, revised,
the medical certificate be preserved, it supplement 29, January 31, 1945).*
has imposed no requirement as to the Cost liability for medical certificates.-
part of the office in which the certificate The cost of medical examinations to
shall be retained. It recommends that, determine physical eligibility or fitness
in departments and establishments for appointment to civilian Federal po-
which have medical officers engaged in sitions is considered a personal expense
rendering health services to enıployees, of the applicants for positions and is not
the actual records of physical examina- chargeable to the Government unless
tions.be held confidential by the medical provided for by statute or in an appro-
unit of the department or establishment. priation act. For an exception to this
This recommendation is made with the rule in the case of former employees
understanding that, although 'recom- who apply for restoration to their po-
mendations to appointing officers need sitions under section 8 (b) of the Selec-
not embody detailed medical informa- tive Training and Service Act, see page
tion, medical officers are obligated to 142 (22 Comp. Gen. 243, September 18,
make suitable recommendation concern- 1942; 23 Comp. Gen. 746, April 4, 1944).
ing physical fitness of appointees for job The following limitation upon the
assignments, including any statenient use of Veterans' Administration funds
which may be necessary regarding for such examinations is contained in
physical limitations as to reassignment. the Independent Offices Appropriation
Such a recomiendation signed by the Act, 1945 (Public Law 358, 78th Cong.,
medical officer should be sufficient for June 27, 1944), under the heading
the employee's personnel file (depart- | “Veterans' Administration":
mental circular No. 485, June 26, 1944). "No part of this appropriation shall
(With respect to determination of physi- be available for hospitalization or ex-
cal limitations as to reassignment, see. amination of any persons except bene-
page 91.01.)
ficiaries entitled under the laws bestow-
* When an agency is dissolved or ing such benefits to veterans, unless re-
merged with some other Government en-imbursement of cost is made to the
tity, the medical certificates should not appropriation at such rates as may be
be sent to the Civil Service Commission, fixed by the Administrator of Veterans'
but should be preserved with the related Affairs."
personnel material of the individual con- Under the terms of section 324 of the
cerned as permanent records, in accord- | Public Health Service Act (Public Law
(February 1, 1945)
104.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
410, 78th Cong., July 1, 1944), the Sur- | or other evidence of tuberculosis is dis-
geon General may provide for making closed prior to appointment is set forth
medical examinations of "employees in on page 90. It will be noted that such
the Federal classified service, and ap- persons may not be appointed in any
plicants for appointment, as requested part of the service until they meet the
by the Civil Service Commission for requirements set forth in tḥat note.
the purpose of promoting health and The following additional procedures are
efficiency."
required for positions in the depart-
Executive Order No. 4071 of Septem- mental service at Washington, D. C.,
ber 4, 1924, may be invoked where stat- | whether or not evidence of tuberculosis
utory authority exists for charging the has been disclosed previously :
cost of physical examinations to the An X-ray of the chest will be required
Government. This order reads as fol- in connection with all appointments to
lows:
positions in the departmental service in
"With the view of promoting health the Washington, D. C., metropolitan
and efficiency and of minimizing acci- area which are made by original ap-
dents among Federal employees, the pointment, by reinstatement, by re-
heads of the several executive depart- appointment, or by transfer from a field-
ments and independent establishments service position. On
inter-agency
having a medical personnel are directed transfer within the metropolitan area
to make such physical examinations of of Washington the receiving agency
applicants for and employees in the shall require an X-ray examination
Federal classified service as may be re- unless the transferee has had such ex-
quested by the Civil Service Commission amination within six months prior to
or its authorized representatives.” the date of transfer, as ascertained from
As stated in the note on “Medical cer- the agency in which the transferee was
tificates", page 103, it is not necessary, | last employed.
for most purposes, that Civil Service The X-ray examination will be per-
Commission Form 2413 be executed by formed by the U. S. Public Health Serv-
a designated Federal medical officer. ice, Washington, D. C., except for those
Where appointees are required to be ex- agencies which have a medical service
amined by Federal medical officers, they equipped to make roentgenograms.
will, so far as practicable, be examined The offer of appointment should con-
at their own expense by Federal part-tain a statement to the prospective ap-
time or designated fee-basis medical pointee that a chest X-ray will be made
officers rather than by Federal full-time in Washington at the time of appoint-
medical officers. With certain excep-
With certain excep- ment, without cost to the appointee. In
tions, which are listed in departmental cases where the recruit has any doubt
circular No. 240, supplement 2, Decem- as to his lung condition, he may wish
ber 13, 1940, the only authorized repre- to secure an X-ray by a private physi-
sentatives of the Commission in request-cian or a local health clinic or local
ing physical examinations under the tuberculosis association having such fa-
terms of the Executive order of Septem- cilities. This examination will not,
ber 4, 1924, are the central and regional however, take the place of the pre-
offices of the Commission and the local scribed examination at the Public
rating boards (Commission's minute 3 Health Dispensary. The cost of the re-
of October 19, 1940; departmental cir- cruit's return home, if he proves to be
cular No. 240, October 24, 1940; supple- physically disqualified for appointment,
ment 1 thereto, November 2, 1940; sup- cannot be borne by the Government.
plement 2 thereto, December 13, 1940). The cost of any such X-ray examina-
X-ray examination.-The general pro- tion in the field must be borne by the
ceclure followed in cases where a history appointee, as the U. S. - Public Health
(February 1, 1945)
NOTES ON PLACEMENT AND ORIGINAL APPOINTMENT 104.02
Service does not have facilities avail. will be contacted in individual cases by
able in the field to perform these ex- the Medical Division of the U. S. Civil
aminations.
Service Commission. * Agencies which
* If immediate arrangements for the perform the examination with their own
X-ray examination can be made with the X-ray equipment will report positive
Public Health Service (or with the cases to the Medical Division of the
health office of an agency), this exam- Commission.*
ination may precede the appointment, Cases in which positive findings are
provided that no loss of compensation disclosed by the X-ray examination will
is suffered by the appointee. Otherwise,* be handled on an individual basis.
the appointee should be placed on duty Where separation is required, the person
prior to the X-ray examination, but the separated may be reconsidered for em-
examination should be requested imme-ployment at such time as he can meet
diately after appointment, wherever the Commission's classification of ar-
possible, and in any event not later than rested tuberculosis (departmental cir-
five days after entry on duty. Civil cular No. 479, April 18, 1944 *,and sup-
Service Commission Form 2413a, which plement 1 thereto, January 26, 1943 ;*
may be requisitioned from the Govern-action of Commission, May 11, 1944).
ment Printing Office by the office author- (For the classification of arrested tuber-
ized to procure printing for the central culosis, see page 90).
office of the department or agency, should Declaration of appointee (Standard
be used in requesting these reports. Form 61).-Standard Form 61 is a com-
Details as to the manner of filling out bination of the oath of office required
and forwarding these reports are set by section 1757 of the Revised Statutes
forth in departmental circular No. 479 (see page 105), of the affidavit as to
of April 18, 1944. To avoid overloading nonadvocation of subversive activities
the Public Health Service, appointment required by various appropriation acts
should be made in advance with that (see page 107), and of the declaration
Service.
of appointee (formerly Civil Service
The authority to request examina- Commission Form 124) which is used in
tions from the Public Health Service connection with the enforcement of va-
set forth in this note applies only to the rious provisions of law such as section
X-ray examination, and does not ex- 9 of the Civil Service Act. It should
tend the authority of appointing officers be procured from the Government Print-
to represent the Civil Service Commis- ing Office rather than the Commission.
sion in requesting complete physical ex- This form is executed by appointees
aminations on Civil Service Commis- of all departments and agencies using
sion Form 2413 by Federal full-time the standard oath of office and personnel
medical officers. As to the agencies affidavit. (With the approval of the
which have authority to request such Commission, agencies using a special
complete physical examinations, and the oath or affidavit prescribed by law may
extent of their authority, see depart-
use a variant of the standard form.)
mental circular No. 240, supplement 2,
The appointee will execute this form
December 13, 1940.
The Public Health Service will report even though one or more of the items
on all negative cases to the personnel may not be required by law or regula-
office of the appointing agency Cases
tion. When items are not used they
with a positive finding will be reported may be stricken out. However, those
to the medical officer of the appointing items on the form which are not re-
agency and to the Medical Division of quired by law or regulation may be
the Civil Service Commission. Agen- executed at the discretion of the de-
cies which do not have a medical officer partment. Since the oath of office, affi-
(February 1, 1945)
104.03 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
davit, and declaration of appointee may lating to the employment of more than
each be administered legally by various two members of the same family in the
officers, care should be taken to insure classified service. It will also be his 're-
that the administering officer is fully sponsibility to enforce various provisions
authorized to execute the appropriate of law or regulation relating to such
items for the particular appointment. As matters as holding of office, pensions,
to authority to administer oaths, see age, citizenship, etc. If any doubt ex-
page 108.
ists as to the appointee's eligibility for
Execution of the declaration-of-appointment, the
the appointing officer
appointee portion of Standard Form 61 should consult the Commission or its
will be required in connection with all regional director or representative im-
original appointments to positions sub-mediately.
ject to the war-service regulations The appointing officer should guard
** and in connection with appoint- against impersonation by carefully com-
ments from the war reemployment list. paring the signature of the appointee
Where the regular civil-service applica-on Standard Form 61 with the signa-
tion (see page 51) is available for ex- ture of the applicant on the original
amination at the time of appointment, application form (departmental circu-
appointees may complete their declara-lar No. 323, revised, March 30, 1942;
tion by certifying on Standard Form 61 departmental circular No. 409, February
to the truth, correctness, and currency 17, 1943).
of their answers on the application Submission of personal history state-
form, without answering the detailed ment to Commission.--Appointées en-
questions on the reverse.
tering on duty on or after January 1,
Standard Form 61 will be retained 1943, are not to be required to execute
by the appointing officer. . It will be his Civil Service Commission Form 3464a,
responsibility to enforce the provisions Standard Form 57, or other personal-
of section 9 of the Civil Service Act, re-l history statement for submission to the
(February 1, 1945)
RULE -QUALIFICATIONS OF APPLICANTS
241
5. Trades positions.-Applicants for positions in the recognized me-
chanical trades must have served as apprentices or journeymen for
such periods as the Commission may prescribe.
NOTES ON RULE V
Civil-service rule V has been super- vision are inapplicable to appointments
seded by the war-service regulations as under the civil-service rules. In other
to all positions subject to those regula- respects, those notes are applicable to
tions, which include nearly all the posi- appointments under the civil-service
tions in the classified civil service. Ac-rules as well as to appointments under
cordingly, the extensive 'notes which the war-service regulations.*
were appended to rule V in former edi-
CIRCUMSTANCES OF SEPARATION FROM
tions have been transferred to the notes
PREVIOUS EMPLOYMENT
to the war-service regulations (where
The notes under this heading on page
applicable to appointments under those
regulations) or omitted altogether. An 54 are applicable to appointment under
explanation of the extent to which cer-
the civil-service rules as well as to
tain sections of the notes to the war- appointment under the war-service reg-
ulations.
service regulations are applicable to
MISCONDUCT
appointments under the civil-service
rules is given below.
The notes under this heading on
pages 54 to 55 are applicable to appoint-
APPLICATIONS
ment under the civil-service rules as well
The notes under the heading “Applica- as to appointment under the war-service
tions" on page 50 are applicable under regulations.
civil-service rules as well as under war-
service regulations, * except that in the
PHYSICAL REQUIREMENTS
case of positions under the civil-service An investigation of physical fitness
rules Standard Form 60 will be used prior to certification is required, wher-
only for positions as mechanics, office ever practicable, by section 3 of civil-
machine operators, laborers, manual service rule III. In appointments under
workers, and trainees for such positions. the civil-service rules (as distinguished
from the war-service regulations), the
CITIZENSHIP
responsibility for determining whether
Only a citizen or a national of the the appointee meets the physical require-
United States may be admitted to an ments rests upon the Civil Service Com-
open competitive examination and re- mission, whereas in appointments under
ceive appointment therefrom, whether the war-service regulations it rests * in
the position is to be filled under the civil- certain cases upon the appointing offi-
service rules or under the war-service cer. Consequently, the medical certifi-
regulations. Section 1 of war-service cate (Civil Service Commission Form
regulation II provides, however, that "a 2413) must be submitted to the Civil
noncitizen mnar be appointed through Service Commission in appointinents
noncompetitive examination provided no under the civil-service rules.* Informa-
citizen eligible is available and that the tion about the execution and submission
department or agency desiring his sery of these medical certificates appears on
ices has specific authority to employ non- pages 103 and 104.
citizens." The civil-service rules con- Special provisions concerning the ex-
tain no corresponding provision, and amination and certification of deaf-
consequently any of the notes on pages mutes, which are applicable to appoint-
52.01 to 53 which are based on this pro-1 ments under the civil-service rules as
(February 1, 1945)
242 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
.
page 56.
well as to those under the war-service on page 132 after passing the retirement
regulations, appear on page 91. With age.
respect to objections to eligibles on Applicability of age requirements to
grounds of physical or mental unfitness, enlisted men.--Applicants in the mili-
see page 86.02. As to the conversion of tary service on the closing date for re-
a temporary to a probational appoint- ceipt of applications in an examination
ment after correction of the physical de- must meet the requirements as to age,
fect which originally precluded proba- unless the examination is one in which
tional appointment, see page 214.
age limits are waived for persons en-
titled to military preference and the ap-
AGE LIMITS
plicant is entitled to such preference on
Minimum age limits. See notes on the basis of a previous enlistment
(Commission's minute 2 of January 29,
Eligibles of retirement age.—No per- 1935).
son who has reached the retirement age Objections based on age.-See notes,
provided by the Retirement Act of May page 86.02.
22, 1920, as amended, whether or not en- Proof of date of birth.-See notes,
titled to preference, will be certified for page 105.
probational appointment (Commis-
EXAMINATION AND APPOINTMENT OF PER-
sion's minute 3 of August 6, 1938, as
SONNEL OF THE ARMED FORCES
amended by minute 4 of August 25,
1941). Former employees who have The notes under this heading on
been retired under the C'ivil Service Re- page 61 are applicable to examinations
tirement Act or the Canal Zone Retire- and appointments under the civil-serv-
ment Act may, however, be reemployed ice rules as well as to those under the
under the special procedure described | war-service regulations.
I SALARY ADVANCEMENTS WITHIN GRADE
453
December 15, 1941). (See also note on grade held by him during a part of the
page 456.)
period of service required for automatic
Section 2 (b) of the act of August 1, promotion (22 Comp. Gen. 151, August
1941, is applicable only to persons 19, 1942).
occupying positions which in the event of An employee, previously ineligible
a vacancy would be required to be filled for such a within-grade promotion by
through Presidential appointment and reason of having attained the max-
confirmation by the Senate. It does not imum salary of his grade, who was ap-
apply to positions which were once of pointed to a new position in a clifferent
this type but which are now in the com-grace at the minimum salary thereof
petitive civil service and are subject to on the first clay of a quarter, and who
the pay scales of the Classification Act met all conditions of the statute on
(See 21 Comp. Gen. 256, September 25, that date, is not entitled to a within-
1941.)
grade promotion until the beginning of
Where an act fixes a maximum salary the following quarter (22 Comp. Gen
limitation for certain positions but does 336, October 10, 1942).
not preclude administrative allocation of
Beginning date of waiting period for
the positions in appropriate Classifica- periodic within-grade salary advance-
tion Act grades, personnel who have ments. Under the terms of the within-
been so allocated are entitled, subject to grade salary advancement statute, an
the statutory maximuin salary limita- employee may be granted a periodic
tions, to the benefits of the act of Au-within-grade salary advancement at the
gust 1, 1941, upon meeting the other re- beginning of the next quarter following
quirements of the act and the Presi- 18 or 30 months of service only if "no
dent's regulations thereunder (21 Comp. equivalent increase in compensation
Gen. 323, October 13, 1941).
from any cause", except salary adrance-
Employees who are engaged on proj. ments for exceptionally meritorious
ects pursuant to cooperative agreements services made pursuant to section 7 (f),
with States and municipalities, the ef- was received during such period.
fect of which agreements is to reserve * In determining whether an
to the State or municipality supervisory ployee has received an “equivalent in-
control as to the fixing of salaries, are crease in compensation", within the
not "occupying permanent positions meaning of the within-grade salary ad-
within the scope of the compensation rancement act of August 1, 1941, and the
schelules" fixed by the Classification Act President's regulations thereunder, dur-
within the meaning of the act of Augusting the 18- or 30-month service period
1, 1941 (21 Comp. Gen. 1145, June 30, iminediately preceiling the first day of
1942).
a quarter, the salary increases received
by the employee during that period
EARNING OF PERIODIC WITHIN-GRADE should be totaled rather than considered
SALARY ADVANCEMENTS
separately (21 Comp. Gen. 1067, May 29,
1942). The increases in the employee's
Meaning of phrase "maximum rate of
base salary rate during this period
compensation for the grade.”—The
should be included in the computation
words "who have not attained the maxi-
even though:
mum rate of compensation for the grade
(a) The increase was granted in a dif-
in which their positions are respectively ferent branch of the service (23 Comp.
allocated” in the act of August 1, 1941, Gen. 471, December 31, 1943). As to
have reference to the grade held by an transfer and reassignment cases in gen-
employee ac the beginning of the quar-eral, and particularly as to the special
ter when he otherwise would be eligible rulings applicable where the transfer
for automatic promotion and not to a was made with reemployment rights un-
em-
(February 1, 1945)
454 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
der the war-service regulations, see I tions prescribed by those regulations
pages 455 and 456.03.
(based on 23 Comp. Gen. 471, December
(0) The compensation increase re- 31, 1943; 23 Comp. Gen. 594, February
sulted from the revision l'equired by the 13, 1944);
act of August 1, 1942 (56 Stat. 733), of (3) Where there is an administrative
the grade and salary rate of a custodial regulation providing for temporary "up
employee (22 Comp. Gen. 179, September and down" salary changes (as distin-
* 4, 1942).
guished from salary chauges under rules
(c) The coinpensation increase re- and regulations applicable to Govern-
sulted from receipt of a salary differen- ment agencies generally) whereby em-
tial for employment outside the contin- ployees are temporarily assigned for 30
ental United States, provided that the days or less to positions paying higher
increase involved administrative action or lower salaries than their regular
only in reallocating a position one grade positions and are restored to their regu-
higher than similar positions in the lar positions and salaries upon comple-
States, and was not made under express tion oť such assignments. (See 21 Comp.
authority of a statute or Executive or- Gen: 773, February 14, 1942.)
der or pursuant to departmental circu- (4) Where the reduction was the
lar No. 394, supplement 2 of January 16, result of an administrative error in
1913 (21 Comp. Gen. 369, October 27, transferring an employee at a salary
1941: 21 Comp. Gen. 478, November 22, rate which did not save to him the
1941; 21 Comp. Gen. 948, April 25, 1942; within-grade salary advancements pre-
22 Comp. Gen. 769, February 8, 1943 ; 23 viously attained under the act of Au-
Comp. Gen. 30, July 16, 1943).
gust 1, 1941, and the error is corrected,
(d) The actual amount of additional retroactively effective from the date of
compensation received by the employee transfer, in accordance with the condi-
during the period as a result of the in- tions set forth on page 457 (24 Comp.
crease was less than the rate of the in- Gen. 341, November 2, 1944).
crease (22 Comp. Gen. 1051, May 20, * The reallocation of a position to a
1943);
higher grade is not, in itself, an “equiva-
(e) The increase was a restoration in lent increase in compensation" within
compensation after a reduction (21 the neaning of the act of August 1, 1941,
Comp. Gen. 285, October 2, 1941; 21 and the President's regulations there-
Comp. Gen. 326, October 13, 1941; 21 | under, but any increase in base salary
Comp. Gen. 369, October 27, 1941). How- rate resulting from the reallocation
ever, restorations following reductions must be included in computing the total
are not included in the computation in salary increase received during the 18-
cass:*
or 30-month service period preceding the
(1) Where the employee was
first day of the quarter (22 Comp. Gen.
duced in grade and salary on the basis 151, August 19, 1942).*
of his efficiency rating, and was subse-
A reduction in salary during the pre-
quently restored to his former grade and scribed period that an employee inust
salary as the result of an appeal to an
serve without an "equivalent increase
efficiency rating board (23 Comp. Gen.
486, January 4, 1944);
in compensation" in order to be eligi-
(2) Where the reduction was inci- ble for a within-grade salary advance-
dent to a transfer with reemployment ment under the act of August 1, 1941, has
rights and benefits under the war-serv-
no effect on the employee's eligibility
ice regulations, and the restoration to for the increase, and where the reduc-
the higher salary is effected through the tion follows a prior increase in salary,
exercise of such reemployment rights, the said: prescribed period continues to
and upon meeting the terms and condi- run froin the effective date of the prior
re-
(February 1, 1945)
SALARY ADVANCEMENTS WITHIN GRADE
455
increase (21 Comp. Gen. 369, October 27, the assignment in the higher grade, is
1941).
returned to his former salary and grade,
The transfer or reappointment of an the general rule is that the employee is
employee from a part-time to a full- not eligible for a within-grade salary
time position does not constitute an advancement under the act of August 1,
"equivalent increase in compensation" 1941, until the beginning of the next
within the meaning of the act of August quarter after the lapse of 18 or 30
1, 1941, if made at the same rate of months (as the case may be) from the
compensation. In determining whether time he received the equivalent increase
such transfer or reappointment consti- in compensation when transferred to the
tutes an "equivalent increase in compen- higher grade (21 Comp. Gen. 478, No-
sation," a comparison should be made vember 22, 1941).
between the per annum equivalent for
This general rule applies not only to
full-time service of the part-time salary cases where the employee was trans-
rate and the annual salary rate for the ferred without reemployment rights, but
full-time position to which the employee also to cases where, although he was
is transferred or reappointed. The per transferred with reemployment rights,
diem rate of compensation of all part. his return to his foriner position was not
time employees paid on an annual basis effected through.exercise of those rights
subject to the Classification Act is com- (23 Comp. Gen. 471, December 31, 1943).
puted under the act of June 30, 1906, on
Where the transfer at an increase in
the basis of 1380 of the annual rate for grade and salary was made under con-
each day of service, and, therefore, the ditions entitling the employee to reem-
full-time-service-per-annum equivalent of ployment rights and benefits, under the
the hourly rate should be computed by war-service regulations, and his return
multiplying the hourly rate by the num- to his former position was effected
ber of hours per day worked by full through the exercise of those rights and
time employees and the resulting dally upon his meeting the terms and condi-
rate by 360 (21 Comp. Gen. 569, Decem- tions prescribed by the regulations, the
ber 15, 1941).
waiting period would date from the last
* Only increases in an employee's base promotion in the original agency rather
salary rate are to be included in deter-than from the increase in grade and
mining whether an employee has re- salary upon transfer to the other agency,
ceived an "equivalent increase in com- and the service in the agency to which
pensation” within the meaning of the transferred may be included in comput-
act of August 1, 1941, and the Presi- | ing the 18- or 30-month waiting period
dent's regulations thereunder. Percent required. The same would be true iu
age cost-of-living allowances, and over- cases where the transfer involved a
time or additional compensation author- decrease rather than an increase in
ized or required to be paid by the War salary. These rulings, however, apply
Overtime Pay Act of 1943 (57 Stat. 75, only to cases where the employee is re-
May 7, 1913; see page 465), are disre-stored at a salary rate not exceeding the
garded in such determination (based on rate prior to the original transfer (plus
22 Comp. Gen. 179, September 4, 1942; any periodic within-grade salary ad-
23 Comp. Gen. 30, July 16, 1943; 22 vancements which he would have re-
Comp. Gen. 589, January 2, 1943).* ceived had he remained in that posi-
Effeot of return from transfer.- tion). If the salary rate at wbich re-
Where an eniployee is transferred to a stored is in excess of the salary late
position in a higher grade resulting in prior to original transfer (including
an increase in compensation equivalent periodic within-grade salary advance-
to the amount of the salary step in the ments), the waiting period would date:
lower grade, and, upon completion of (a) From the time he received the
(February 1, 1945)
455.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
increase in salary incident to restora- Postal Service, that service in private
tion, if the rate at which restored is industry may not be counted toward the
sufficiently in excess of the salary which waiting period under the act of August
he received in the other agency to consti- 1, 1941, even though the employee was
tute an "equivalent increase in compen-transferred thereto with reemployment
sation" within the meaning of the act; rights under section 4 of war-service
(0) From the time he received an regulation IX.
increase to a corresponding rate in the In computing the 18 or 30 months'
other agency, if the rate at which re- service necessary to entitle employees to
stored is not in excess of the rate which within-grade salary advancements
he received in the other agency (23 under the act of August 1, 1941, there
Comp. Gen. '265, October 8, 1943; 23 may be included 30 days of any periods
Comp. Gen. 471, December 31, 1943 ; 23 aggregating more than 30 days, but less
Comp. Gen. 594, February 13, 1944). than a year, that employees are in a
Computation of period of service re- nonpay status. Only the excess over 30
quired for periodic within-grade salary days need be excluded (21 Comp. Gen.
advancements.—In computing the 18- or 791, February 21, 1942).' *Only 30 days
30-month waiting period prescribed of an absence on leave without pay for
by the within-grade salary-advancement the whole of a 31-day month may be
statute of August 1, 1941, as amended, counted for this purpose, even though
and Executive regulations thereunder, under the act of June 30, 1906 (34 Stat.
there may be included civilian service in 763; 5 U. S. C. 1940 ed. 84); the 31st
any branch of the Government (23 day of the month is disregarded in com-
Comp. Gen. 471, December 31, 1943). It puting compensation, or deduction from
would appear, froin the Comptroller compensation on account of leave with-
General's decision of May 17, 1944, re-out pay (decision, Coniptroller General,
garding automatic promotions in the l January 10, 1945).*
V
(February 1, 1947)
SALARY ADVANCEMENTS WITHIN GRADE
456
Time absent from duty during which months (as the case may be) of actual
an employee is receiving disability com- serviceas distinguished from calendar
pensation under the Employees' Com- months of service-without an equiva-
pensation Act should be regarded as a lent increase in compensation, and may
period of leave without pay in comput- not be granted within-grade salary ad-
ing the 18 or 30 months' service neces- vancements after 18 or 30 calendar
sary to entitle employees to within- months' service equal to that fractional
grade salary advancements under the act part of a one step salary increase repre-
of August 1, 1941 (21 Comp. Gen. 945, sented by the ratio that the part-time
April 22, 1942).
compensation bears to the full-time com-
* In the case of employees who re-pensation of similar positions (21 Comp.
ceive lump-sum payments under the act Gen. 644, January 7, 1942).
of December 21, 1944 (page 483.01), be- Before becoming eligible for promo-
cause of separation from the service or tion under the within-grade salary-ad-
transfer to a position not under the same vancement statute of August 1, 1941,
leave system, any period between the part-time (part of each work day). or
last day of active duty and the date of "when actually employed" employees
reemployment, either in the same or a must render 18 or 30 months (as the
different agency, must be regarded as a case may be) of actual service computed
break in service for the purpose of de- on the basis of the time per month that
termining rights to within-grade salary full-time employees of the same class
advancements (decisions, Comptroller would be required to work (21 Comp.
General, January 11 and 13, 1945).* Gen. 569, December 15, 1941).
An employee who has been on leave Employees returning from active
of absence without pay (including break military or naval service. Section 5 of
in service) in excess of 30 days, and who Executive Order No. 8882, quoted on
was out of the service for one work day page 419, provides for the granting to
or more, may not be credited with any employees returning from active mili-
service prior to the time he went on tary or naval duty of periodic within-
leave without pay for the purpose of grade salary advancements that would
computing longevity under the within- have accrued to them during their ab-
grade-promotion law and regulations sence had they remained in civilian
(22 Comp. Gen. 1104, June 12, 1943). service. This section applies, among
In computing the prescribed period others to persons who were
that a per annum employee occupying aing under probational appointments,
position within the scope of the within whether for six months or one year,
grade salary-advancement provisions of when they entered military service. It
the act of August 1, 1941, must serve in does not apply, however, to war-service
order to be eligible for a salary advance appointees, whose reemployment rights
ment under the act, prior service in a are derived solely from war-service reg-
position for which the compensation is ulation XIII and not from the Selective
fixed on a per diem "when actually em- Training and Service Act or the act of
ployed" basis may be counted, if the con- | August 27, 1940, as amended (24 Comp.
ditions as to continuity of service, etc., Gen. 288, October 9, 1944; decision,
prescribed by the President's regulations Comptroller General,
January 3,
under the act have been met (21 Comp. 1945).
Gen. 369, October 27, 1941).
To be entitled to the benefits of sec-
Part-time per annum employees are tion 5 of the order, an employee must
entitled to within-grade salary advance have been restored in accordance with
ments under the act of August 1, 1941, all three of the statutory requirements
only upon the rendition of 18 or 30 entitling him to restoration, i. e. : (1) He
:
serv-
(February 1, 1945)
456.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
must have received a certificate of sat- * Delay in an employee's restoration
isfactory service; (2) he must be physi- to his civilian position, where the other
cally and mentally qualified to perform conditions prescribed by section 8 (b)
the duties of the position; and (3) he of the Selective Training and Service
must have applied within the period pre- Act of 1940 are complied with within
scribed by statute. (For the statutory the time prescribed, may or may not
provisions imposing these requirements, affect his right to count active military
see pages 137 and 138.) Section 2 of or naval service toward periodic within-
War Service Regulation XIII requires grade salary advancements. This de-
the agency concerned to reemploy any pends pon the reason for the delay, as
person entitled to reemployment within follow's :
thirty days of his application for re- (a) Delay due entirely to administra-
employment. The employee must have tive procedure does not deprive the
met all three of the statutory require-employee of such right;
ments at that time, and if he has not (6) Delay due to the fact that the
met all three requirements at that employee's discharge was conditioned
time--for example, if he is not physi- | upon employment in an essential war
cally and mentally qualified to perform industry, including agriculture, and
the duties of the civilian position, for that he was precluded by such condi-
if he fails to apply for restoration to his tion on his discharge from immediately
civilian position within the time pre- returning to his position upon applica-
scribed—* he is not entitled to the bene- tion therefor, does not deprive the em-
fits of section 5 of Executive Order No. ployee of such right, provided that he
8882 if subsequently reemployed (22 | is restored soon after he terminates his
Comp. Gen. 969, April 14, 1943; 24 Comp. essential war industry service;
Gen. 357, November 6, 1944).
(C) Delay due to the employee's de-
As to an agency's authority to restore laying or refusing to accept reemploy-
an employee who has met all three of ment, solely for personal reasons, de-
the statutory requirements to a leave- prives him of such right (22 Comp. Gen.
without-pay status, in order to perwit 969, April 14, 1943).*
treatment of a condition arising out of Seasonal employees occupying per-
military service, see page 142.01. Such a manent positions within the purview of
period of leave without pay would be the Classification Act, as amended, who
treated like any other period of leave work part time during each year, may
without pay for purposes of the Presi- count toward periodic within-grade sal-
dent's regulations governing the admin- ary advancements under the act of Au-
istration of the within-grade salary ad- gust 1, 1941, upon restoration to their
vancement plan.
civilian positions after active military
A veteran who held “other than a service under conditions entitling them
temporary position", and who has met to reemployment benefits, periods of ac-
all three conditions prescribed by law tive military service corresponding to
to entitle him to restoration to a civilian the average periods employed each year
position, and who actually is restored in their civilian positions, in accord-
to a position in a different branch of ance with the provisions of section 5 of
the same department or agency or in Executive Order No. 8882 (decision,
a different department or agency than Comptroller General, December 11,
the one from which he entered the 1944).
armed forces, may count service in the An employee who had been on leave
armed forces toward periodic within- without pay for more than one year at
grade salary advancements ( 24 Comp: the time he entered the military service
Gen. 410, November 24, 1944).
is not entitled, under section 5 of Execu-
*
*
tive Order No. 8882, to count active mili.
(February 1, 1945)
SALARY ADVANCEMENTS WITHIN GRADE
456.02
tary service toward within-grade salary a position subject to that system (21
advancement in a civilian position to Comp. Gen. 1067, May 29, 1942).
which he is later restored ; in such a Whenever an employee has no offi-
case the 18- or 30-month waiting period cial rating as of the latest March 31,
would begin with the date of restoration or any date thereafter, based on per-
to the civilian position ** (23 Comp. formance in the grade of his position,
Gen. 367, November 16, 1943).
an official special rating shall be made
The provision of section 5 of Exec- when needed for salary-advancement
utive Order No. 8882 which authorizes purposes. The official rating which the
the counting of all of the active mili- employee had when he entered the
tary service toward periodic within- armed forces shall be used for salary-
grade salary increases applies only to advancement purposes while he is in the
the period of active military service. military or naval service, and if he had
* l'eriods in a nonpay status immedi- no official rating as of the latest March
ately preceding entry into the armed 31, or any date thereafter, covering per-
forces, or intervening between termina- formance in the grade of his position,
tion of active military service and res- an official special rating shall be made
toration to an active civilian status, are for this purpose at the time he enters
to be regarded the same as any other the armed forces (departmental circular
periods in a nonpay status within the No. 474, March 14, 1944).
meaning of the President's regulations Section 4 of the President's regula-
governing the administration of the tions (see page 449) authorizes the
within-grade salary advancement plan granting of a within-grade salary ad-
(based on 23 Comp. Gen. 367, November vancement retroactively in certain cases
16, 1943 ; 23 Comp. Gen. 617, February where an error in the efficiency rating
23, 1944; 24 Comp. Gen. 3:7, November 6, has been discovered and corrected.
1944).*
However, where an employee was re-
Efficiency rating requirements. The duced in grade and salary on the basis
general requirements as to efficiency rat- of his efficiency rating, and subse-
ings in conection with salary advance- quently restored to his former grade
ments within grade are set forth on and salary as the result of a successful
pages 447 and 449.
appeal to an efficiency rating board,
An efficiency rating must have been there is no authority to pay him the
placed on record before it may be used salary rate, retroactively effective as of
as the basis of a within-grade salary the date of his reduction, of the higher
advancement. The salary advance-grade which he, in fact, did not hold
ment may not be made effective before. luring the period of such reduction
the beginning of the quarter following. (based on 23 Comp. Gen. 486, January
that in which the rating was placed on 4, 1944).
record. The efficiency rating so used
Employee reduced in salary for disci-
must have been made in accordance with plinary reasons.-Where an employee
a system of efficiency ratings prescribed has been reduced in salary for disci-
or approved by the Civil Service Com- plinary reasons but his efficiency rating
mission, not with a mere administrative and period of service prior to October
system of efficiency ratings (23 Comp. / 1, 1941, are such as not to bar a promo-
Gen. 560, February 2, 1944). These re- tion under the act of August 1, 1941, it
quirements also apply in cases where is within the discretion of the admin-
the employee was transferred from a | istrative officers, under the provisions of
position not subject to the efficiency- said act, to withhold for such period as
rating system prescribed by the Com- is deemed proper or necessary the ad-
mission under the Classification Act to 1 ministrative certificate as to "other-
(February 1, 1945)
456.03 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
1
wise' satisfactory conduct” which is within-grade salary advancement under
fixed by said act as one of the condi. the act of August 1, 1941, he should not
tions necessary for a salary advance. be considered for a promotion under the
ment thereunder (21 Comp. Gen. 326, act, as of that date, unless he is resign-
October 13, 1941).
ing in order to accept, without break in
Determination of amount of n- service, another permanent position un-
crease. The amount of the increase in der the Classification Act in another
compensation under the act of August | agency. In the latter case, he should
1, 1941, is an amount equal to one full be considered for the salary advance-
salary increment of the grade in which ment by the agency from which he is
the employee is serving at the time he resigning. If the separation is not to
becomes eligible for the increase. This be effective until after the date he be-
is true even though the employee's comes entitled to the salary advance-
position was reallocated during the 18-ment, he should be considered for such
or 30-month waiting period, provided advancement from the date of entitle-
that the increase in compensation re- ment to the date he is separated (21
ceived as a result of the reallocation Comp. Gen. 369, October 27, 1941; 21
was in an amount less than the com- Comp. Gen. 792, February 21, 1942).
pensation increments of the lower *In the case of employees who re-
grade. The within-grade salary in- ceive a lump-sum payment for their ac-
crease should not be reduced by an cumulated and current accrued annual
amount equal to the increase in com- | leave under the act of December 21, 1941
pensation received by reason of the re- (page 483.01), the effective date of sepa-
allocation (21 Comp. Gen. 285, October ration, within the meaning of the pre-
2, 1941; 22 Comp. Gen. 151, August 19, ceding paragraph, is the last day of ac-
1942).
tive duty (decisions, Comptroller Gen-
Granting of salary increases to em- eral, January 11 and 13, 1945).
ployees who are on leave-without-pay.- Reports to Commission of periodic
An employee who is on leave of absence within-grade salary advancements.-Pe-
without pay on October 1, 1941, the ef- riodic within-grade salary advance-
fective date of the first within-grade sal-ments under the act of August 1, 1941,
ary advancements under the act of Au- should not be reported to the Civil Sery-
gust 1, 1941, should be given the salary ice Commission's Service Record Divi-
increase for record purposes—payment sion (departmental circular No. 385, Au-
to be made it and when he returns to a
gust 10, 1942).*
pay status provided all other require-
RETENTION
ments for the increase are met (21
OF WITHIN-GRADE SALARY
ADVANCEMENT
Comp. Gen. 369, October 27, 1941).
Granting of salary increases to em- Effeot of transfer, reappointment, pro-
ployees who are about to be separated motion, or reduction upon retention of
or transferred. If an employee resigns within-grade salary advancement previ-
or is separated from a permanent posi- ously earned. The rested right of an
tion effective on the date on which he employee to retain a periodic or meri-
would otherwise be entitled to a periodictorious within-grade salary advancement
(February 1, 1945)
SALARY ADVANCEMENTS WITHIN GRADE
457-458
1
granted pursuant to the act of August 1, step of the grade (24 Comp. Gen. 226,
1941, maintains only so long as he re. September 19, 1944).
mains in the position in which the ad- Effect of return from transfer.-*See
vancement was granted. Upon the page 455.*
transfer, promotion, or reduction of an Employee transferred from position not
employee from one position to another subject to efficiency-rating system.-*
with different duties and responsibili- See "Efficiency rating requirements”,
ties, whether in the same or different page 456.02.*
* *
*
grade, and whether in the same or a dif-
ferent agency, it is within administra-
Employees returning from active mili-
tive discretion—but not mandatory—to tary or naval service. — *See page 456.*
*
*
fix his initial salary in the new position
Reduction within grade for discipli-
at such prescribed rate of the grade as
nary reasons.-**An employee who has
will save to him the benefit of a within- actually received a within-grade salary
grade salary advancement to which he advancement in accordance with the act
previously had become entitled (21 of August 1, 1941, after haring met all
Comp. Gen. 791, February 21, 1942; 21 of the terms and conditions thereof with
Comp. Gen. 855, March 12, 1942).
respect to efficiency, service, and con-
Where there exists no administra- duct, has a vested right to the increased
tive regulation, practice, or policy to salary connected with such advance-
deny, upon transfer of employees to ment so long as he remains in the same
other positions either in the same or dif- position, and there is no authority to
ferent agency, the within-grade salary reduce his salary in the same grade and
advancements previously attained under position-as distinguished from a re-
the act of August 1, 1941, an adminis- duction in grade—for disciplinary rea-
tratire error in transferring an em-
sons (23 Comp. Gen. 941, June 9, 1944).
ployee at a salary rate which did not As to the effect of a reduction in salary
save such advancements to him may be for disciplinary reasons upon the earn-
corrected retroactively effective froning of il within-grade salary advance-
the date of the transfer so as to save
ment, see page 456.02.
the lawful salary rate received prior to MENITORIOUS WITHIN-GRADE SALARY
the transfer, provided there was no pur-
ADVANCEMENTS
pose to reduce the employee for any
Meritorious within-grade salary ad-
other reason (24 Comp. Gen. 341, Novein- vancements.—Where an employee has
ber 2, 1941).
been granted a periodic within-grade
As to reductions and retransfers be- salary advancement under the act of
cause of a predecessor's return from the August 1, 1941, as of the beginning of a
armed forces, see notes on page 88.01. particular quarter, his right to another
Where an employee has been re- such periodic salary advancement, other
duced in position and grade through conditions being met, after 18 or 30
no fault of his own, and later is re- months' service from that date is not
stored to the same position and grade, affected by a meritorious salary ad-
it is within administrative discretion, vancement granted within such period
subject to available appropriations, to pursuant to the act.
fix the employee's salary initially at a A period of 18 or 30 months is not re-
rate, even though above the minimum quired to elapse between meritorious-
of the grade, to which he previously as distinguished from periodic--within-
had been advanced in that position grade salary advancements under the
through operation of the within-grade act of August 1, 1941, but only one such
promotion plan. He need not be re-meritorious advancement may be made
quired again to attain such salary rate within each of the 18- or 30-month pe-
through periodic advancements in each | riods applicable to periodic advance-
(February 1, 1945)
459 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
ments (21 Comp. Gen. 855, March 12, | ards for determining whether an act or
1942).
service meets these requirements are set
A prospectively effective meritori- | forth in the circular cited.
ous—as distinguished from periodic- *Reports to Commission of meritorious
within-grade salary advancement of one within-grade salary advancements.-*
step may be granted an employee under | Reports of compensation advance-
the act of August 1, 1941, and Executivements for "especially meritorious sery-
Order No. 8882 issued pursuant thereto, ices" under section 2 (f) of the act of
even though the employee may not as August 1, 1941, must be subinitted to the
yet have attained eligibility for his first Commission as required by law. The
periodic within-grade salary advance Commission will review all reports of
ment under the act by serving 18 or 30 salary advancements for especially ner-
months without an equivalent increase itorious services, effective on and after
in compensation (21 Comp. Gen. 791, April 1, 1943, for conformity with the
February 21, 1942).
standards outlined in departmental cir-
It is the opinion of the Commission cular No. 321, supplement 1, March 30,
that the term "especially meritorious
1943, and will indicate in each case in
services”, as used in the act of August its annual report to Congress on such
1, 1941, means an act or service (1) in
salary advancements whether the rea-
the public interest, (2) related to the
sons for the salary advancement con-
employee's position or employment, (3)
form to these standards (departmental
over and above normal Job require-
ments, (4) of an unusual or distinctive circular No. 321, supplement 1, March
character, (5) that serves as an incen- 30, 1943). Full details regarding the
tive to others. The presence of all five form of the reports from agencies to
elements is necessary to constitute an
the Commission, and the method of re-
act or service an "especially meritori-porting, are given in departmental cir-
ous service" within the meaning of the cular No. 321, revised, November 12,
statute (departmental circular No. 321, 1942, and supplement 1 thereto, March
supplement 1, March 30, 1943). Stand- 30, 1943.
LEAVE OF ABSENCE
495
use
ACCRUAL AND CREDITING OF LEAVE credit.--The keeping of records of em-
Date on which leave may be cred ployees' accrued annual and sick leave
ited.--Sick leave of absence is not is an administrative duty and respon-
granted by the act of March 14, 1936, sibility, and, therefore, the administra-
49 Stat. 1162, on a yearly basis, but on
tive determination as to the amount of
a monthly basis. The monthly accrual annual and sick leare an employee has
of one and one-quarter days becomes
to his credit 'ordinarily will not be ques-
available to the employee at any time on
tioned by the General Accounting Office
or after the first day of the month. The (22 Comp. Gen. 348, October 14, 1942).
setting up of 15 days' sick leave credit
Reestablishment of lost leave rec-
at the beginning of the leave year for ords.- No objection will be made to the
as needed is not authorized (15 acceptance by the War Department of
Comp. Gen. 866, March 27, 1936; 15 the sworn statement of any employee
Comp. Gen. 1058, June 4, 1936).
as to the amount of leave previously
The monthly credit of 2 days' annual taken by him, for the purpose of re-
leave may be allowed to permanent em-, establishing his service and leave rec-
ployees during their first year of service, ords which have apparently been lost
at the beginning of the month in which as a result of enemy action (22 Comp.
it accrues. However, it is within ad-Gen. 348, October 14, 1942).
ministrative discretion to deny such em- Methods of accounting for leave.--
ployees the monthly credit until the Section 5.1 of the Leave Regulations
expiration of the month in which it grants the Civil Service Commission
accrues (23 Comp. Gen. 841, May 4, authority to prescribe methods of ac-
1944). As to crediting annual leave to counting for leave, subject to the ap-
permanent employees who have served proval of the Director of the Bureau of
more than one year, see section 2.1 (a) the Budget.
of the Leave Regulations.
*Standard forms and leave-account-
After the first month of service, tem- | ing methods have been prescribed by de-
porary employees may be credited with partmental circular No. 504, October 20,
annual leave at the beginning of the 1944, for use effective January 1, 1945,
month in which it accrues ** (section in maintaining leave accounts for all
2.1 (b) of the Leave Regulations). employees covered by the Annual and
The credit of leave to "indefinite em- Sick Leare Regulations. Exceptions
ployees" (within the meaning of the are authorized from the use of the
Leave Regulations) accrues as the leave standard forms and procedures thus
is earned. Where such an employee is prescribed in the case of offices located
absent on leave without pay for a frac-outside of the continental limits of the
tion of a day, or a day or more, a new United States.
United States. Other exceptions from
month's period is begun when duty is the use of these forms and procedures
resumed (20 Comp. Gen. 827, May 28, may be granted where cost accounting
1941; 18 Comp. Gen. 400, October 31, problems are involved, with the prior
1938; 23 Comp. Gen. 603, February 18, approval of the Civil Service Commis-
1944).
sion. Requests for exceptions must
*Despite these rules as to crediting state in detail the reasons why the
of leave, leave may not be granted to standard forms and procedures cannot
temporary or indefinite employees until be adopted.
immediately prior to the end of the Under this system, the official record
month in which it is earned. (See sec- of employees' leave accounts will be
tion 2.3 of the Leave Regrılations, page maintained on Standard Forms 70 and
486.)*
70a. The former is designed for use in
Administrative determinations as to connection with employees, except tem-
amount of leave to employee's porary, who work a regular 48-hour tour
an
A
(January 4, 1945)
495.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
of duty and are on duty at the beginning serve an entire quarter of the calendar
of the year. The latter has been pro- year in order to be entitled to the one-
vided for use in connection with tempo- half day additional credit of annual
rary employees, employees who are in- / leave (4 hours) in March, June, Septem-
definite for leave purposes, first-year ber, and December as provided by sec-
employees who enter on duty after the tion 2.1 (a) of the Leave Regulations
first of the calendar year, and any other (decision, Coniptroller General, Febru-
employees who earn other than the ary 11, 1944). An employee is not dis-
regular monthly accrual.
qualified for the quarterly credit by the
The agencies will audit leave records mere fact that he is in a leave status
at the time an employee transfers or
(including terminal leave status) at the
leaves the service and at such other end of the quarter or has been on leave
times as they deem necessary (depart- without pay during a part of the quar-
mental circular No. 504, October 20, ter. * However, if he receives a lump-
1944). As to disposition of leave records sum payment for leare under the act
when an employee transfers or is sepa-
of December 21, 1944 (page 483.01), he
rated, see pages 155.02 and 516, respec-
is not entitled to the quarterly credit for
any quarter which ended after his last
tively.
Effective date of changes in regula- day of active duty on or after Decem-
tions as to leave crediting.–The leave
ber 21, 1944 (23 Comp. Gen. 837, May 2,
regulations in force when the leave is 1944; 24 Comp. Gen. 373, November 11,
earned are controlling in the matter of
1944; decision, Comptroller General,
crediting leave (23 Comp. Gen. 603, January 23, 1945).* (See also note en-
titled "Effect of nonpay status upon
February 18, 1944).
Computation of leave credits.—Stand-
leave credits", page 495.02.)
ard Form 67, "Leave Credit Table,” is
The employee must have served the
entire quarter as
used in computing annual- and sick-leave
a "permanent em-
credits. This table applies only to those ployee" within the meaning of the leave
employees who are working à regular regulations. Service as a “temporary
8-hour tour of duty. All computations employee” may not be included, even
therein are based on a 30-day month; as
though it immediately preceded trans--
to computing leare for a fractional fer or appointment to a “permanent”
month, see note on "Effect of nonpay
status (24 Comp. Gen. 215, September 11,
1:144).
status upon leave credits,” page 495.02.
Standard Form 67 may be requisitioned month of a quarter, a permanent em-
Where there are 31 days in the final
from the Government Printing Office by ployee who is paid for the first 30 days of
the office in each agency which is au-
that month and has been continuously
thorized to procure printing from the employed from the first day of the
Government Printing Office (depart- quarter may be considered as having
mental circular No. 471, February 26, been "continuously employed for the
1944). As to authority for this table, entire quarter-year" ending in such
see decision, Comptroller General, Feb- month, within the meaning of section
ruary 11, 1944.
2.1 (a) of the Annual Leave Regula-
Standard Form 74, “Leave Accrual tions, so as to entitle him to the full
Table” may be used as a guide in pre- monthly and quarterly annual leave
posting on Standard Forin 70a the reg- credit authorized therein. This is true
ular monthly accrual of leave for per- even though the 30th is a nonwork day,
manent employees who enter on duty and he does not serve on the 31st (based
after the first of the calendar year (de- on 23 Comp. Gen. 789, April 15, 1944;
partmental circular No. 504, October 23 Comp. Gen. 837, May 2, 1944).
20, 1944).
Accrual of leave during periods of
Quarterly additional annual leave leave with pay.-The purpose and in-
credits.-A permanent employee must I tent of section 4.2 of the Annual and
(February 1, 1945)
LEAVE OF ABSENCE
497
the President of the United States on | ing sick leave, an employee who receives
September 8, 1939”, may be regarded a lump-sum payment for his accumu-
as retroactively effective to September lated and current accrued annual leave
8, 1939. An employee who has not been under the act of December 21, 1944
separated from the service mày, there. (page 483.01), because of separation
fore, be recredited with accumulated from the service or transfer to á posi-
annual leave in excess of 60 days which tion not under the same leave system, is
he otherwise would have lost on the considered to have been separated from
first day of January 1940, 1941, 1942, the service during the period between
and 1943,- subject to the following lim- the last day of active duty and the date
itations imposed by the act of December of reemployment, either in the same or
17, 1942, and Executive Order No. 9307 in a different agency (decision, Comp-
of March 3, 1943:
troller General, January 11, 1945). Sec-
(1) The amount of unused annual tion 1 of the act makes specific provi-
leave forfeited by an employee at the sion as to the recrediting. of annual leave
end of the calendar year 1939 which upon reemployment in a position under
the same leave system after separation
may now be recredited is limited to the
from the service.*
annual leave that accrued after Sep-
Recrediting of leave after return
tember 8, 1939;
from war transfer, -Section 5 of war-
(2) In years succeeding 1939, when service regulation IX (see page 35)
the unused leave accumulated equals provides certain reemployment rights
or. exceeds 60 days in the aggregate, which may be granted in connection
not more than 15 days of unused leave with war transfer. Under the terms
may be further accumulated in any of the regulation, these rights may be
one calendar year (22 Comp. Gen. 704, exercised only when the . employee
January 26, 1943; 22. Comp. Gen. 810, **
is subsequently involuntarily
February 16, 1943; 22 Comp. Gen. 932, furloughed or terminated without cause
March 30, 1943).
such as would reflect on his suitability
* In like manner, an employee who for reemployment in the Federal serv-
has left his position subsequent to May ice
*".and meets certain other
1, 1940, to enter the active military or specified requirements. Thus the cir-
naval service without break in service, cumstances which would permit the ex-
may be retroactively credited with, and ercise of these rights would frequently
paid for, the accumulated or current ac- involve separation from the service for
crued annual leave to which he has be-
one or more workdays.
come entitled by the act of December 17,
Under the leave regulations in effect
1942. This is true even though he left prior to January 1, 1944, a separation
the civilian position prior to April 7, from the service for even one workday
1942, the date on which the act of Au-
was a "break in service” which would,
gust 1, 1941, was amended so as to ex-
in general, preclude transfer of leave.
tend its benefits to employees who vol-
untarily enlisted in the armed forces Even under the revised regulations ef-
after May 1, 1940 (based on 21 Comp.
fective January 1, 1944, a separation
Gen. 403, November 3, 1941; 22 Comp. from service for 30 or more calendar
Gen. 47; July 20, 1942; 22 Comp. Gen.) days is such a “break in service.”
810, February 16, 1943).*
However, these “break in service” provi-
Recrediting of leave taken in viola- sions are not applicable to prevent trans-
tion of dual-compensation statutes. See fer of *sick leave from the agency to
note on page 506.01.
which transferred to the original
*Recrediting of leave where employee agency in cases where the employee ap-
received lump-sum payment for leave.--. plied for restoration within the 40-day
For purposes of transferring or recredit- period prescribed by the war-service
!
(February 1, 1945)
497.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
A
regulations, after having met the terins ditions of said regulations regarding
and conditions of the war-service regui- reemployment in the agency from which
lations both as to original acquisition transferred (based on 23 Comp. Gen.
and as to exercise of reemployment 305, October 23, 1943).
rights (based on 23 Comp. Gen. 871, May Recrediting of leave on return from
10, 1944).
military or naval duty-After electing
An employee who was transferred to be paid, pursuant to the act of August
under authority derived from the provi- 1, 1941, as amended, for his accrued an-
sions of War Manpower Commission Di-nual leave concurrently with military
rective No. X (see page 13) and Execu- service, an employee may not refund the
tive Orders Nos. 9063 and 9243 (see amount paid in order to have the leave
pages 11 and 12) from his Federal posi- | remain to his credit (22 Comp. Gen.
tion to the non-Federal organization 229, September 15, 1942).
"as an essential activity carried on by An employee's right to have annual
a private enterprise" within the mean- and sick leave recredited to him upon
ing of that directive, is entitled, as a his return from active service in the
part of the reemployment benefits pre- armed forces is conditioned upon his
scribed by the war-service regulations compliance with the requirements of
in connection with such transfers, to section 8 of the Selective Training and
have his unused annual leave recredited Service Act of 1940 or similar provi-
upon meeting all of the terms and con- sions in other legislation. For the pro-
(February 1, 1945)
LEAVE OF ABSENCE
498
visions of these acts, and notes there- | 1941; section 4.2(6) of the Leave Regu-
on, see pages 136 to 145. As to the em- lations).
ployee's right to payment for his accu- An employee who meets all the terms
mulated and accrued annual leave in and conditions of section 8(0) of the Se-
the event that he fails to meet these lective Training and Service Act of 1940,
requirements, or fails of restoration, see but is actually restored to a position in
page 511.
a different branch of the same depart-
An employee who does not meet the ment or agency or in a different depart-
requirements of these mandatory rein- ment or agency than the one from
statement provisions, but is neverthe- which he entered the armed forces, may
less reemployed, may not have restored have restored to him at such time all
to him the annual or sick leave which unliquidated annual and unused sick
stood to his credit when he entered leave (24 Comp. Gen. 410, November 24,
upon active duty with the armed forces. 1944).*
This is true whether the agency sepa- Where an employee meets the terms
rated him upon his entry into the and conditions of section 8 (b) of the
armed forces, or placed him upon fur- Selective Training and Service Act, but
lough or leave without pay (23 Comp. there is delay in his restoration to his
Gen. 832, May 2, 1944).
civilian position, his right to recrediting
On the other hand, when a former of annual leave depends upon the reason
employee is restored to his civilian for the delay, as follows:
position, or to a position of like sen- (a) If the delay was entirely adminis-
iority, status, and pay under the terms trative, and not due to the employee, the
and conditions of the Selective Training leave may be recredited to him in the
and Service Act of 1940, he is restored position in which reemployed ;
to the same leave status as he had
(0) If the delay resulted from the fact
when he left his civilian position to that his discharge was conditioned upon
enter the active military service, *ex-employment in an essential war indus-
cept as provided in section 4.2(b) of the try, including agriculture, the leave may
Leave Regulations with respect to the be recredited to him upon subsequent
accrual of leave during terminal leave.* restoration to his former position, pro-
This is true whether he was separated vided that such restoration occurs soon
upon entry into the armed forces, or was after termination of his essential war
placed upon furlough or leave without industry service;
pay. He should be restored with all the (c) If the employee, solely for per-
sick leave credit which he had when he sonal reasons, refused to accept or de-
entered the armed forces, with so much layed in accepting his former position
of his annual leave credit as had not or one of like seniority, status, and pay
been liquidated by payment, tand with which was offered, the leave may not
leave accrued during the period of ter- be recredited to him upon subsequent
minal leave granted immediately prior reemployment (based on 22 Comp. Gen.
to entry into active military or naval 989, April 14, 1943).
service. (He should not, however, be
considered as having accrued any an-
GRANTING AND CHARGING OF LEAVE
nual or sick leave during any period of Date on which leave becomes avail-
leave without pay which followed his able.--See note on “Date on which
entry into the armed forces.) If a
leave may be credited", page 495.
charge for overdrawn annual or sick
*Reasons for which sick leave may be
leave stood against him when he en-granted.--See section 3.3 of the Leave
tered the armed forces, and such charge Regulations, page 486.01. For defini-
has not been liquidated by payment, he
tion of "contagious disease", see section
should be recharged with such over-
1.1 (k) of the regulations, page 485.*
drawn leave (23 Comp. Gen. 96, August
12, 1943; 23 Comp. Gen. 869, May 10, ☆
*
(January 4, 1945)
LEAVE OF ABSENCE
505.02
the administrative office to apply the
LEAVE DIFFERENTIALS
to January 1, 1938, the date as of which
Section 5 of each of the Annual and such discretion was first vested in Gov-
Sick Leave Acts of March 14, 1936, ernment ingencies, for the purpose of
saves to employees stationed outside permitting accumulations of annual and
the continental limits of the United sick leave, but accumulations of an-
States the benefit of any then existing nual or sick leave prior to January 1,
leave differential, whether granted by 1938, which were permitted at the time
prior leare laws or administrative reg- by administrative regulation pursuant
ulations. It is within the discretion of to statute may be credited to the ac-
liniform regulations promulgated by the to them the uniform annual and sick
President under the acts of March 14, I leave regulations effective January 1,
1936, to civilian employees stationed 1938, even though such accumulations
outside the continental United States, were in excess of those permitted by
subject to continuance of such leave the Uniform Annual and Sick Leave
differential. The administrative office Regulations (19 Comp. Gen. 66, July
may therefore adopt leave regulations 15, 1939).
for such employees comprising any of
An employee with post of duty out-
the features either of the leave regula- side the continental limits of the United
tions in effect for such employees prior States who is transferred to a post of
to January 1, 1936, or of the Uniform duty within the said limits—both posi-
Annual and Sick Leave Regulations, tions being within the purview of the
but the terms of such regulations inust Annual Leave Act of March 14, 1936-
be within the limits of whichever of loses the leave differential authorized
the comparable provisions of the two for the former duty by the said leave
sets of regulations would result in act, and therefore is not entitled to
greater advantage to the employees (20 accumulated leave in excess of the max-
Comp. Gen. 114, August 26, 1940; 21 imum authorized for employees within
Comp. Gen. 688, January 20, 1942). the said limits (21 Comp. Gen. 158,
However, the granting of the leave and August 19, 1941).
the rate of accrual should be upon the
The leave differential for foreign
same basis; it would not be proper to service saved by section 5 of the Annual
exclude Sundays and holidays in com- and Sick Leave Acts of March 14, 1936,
puting current leave and include Sun- relates only to foreign service coming
days and holidays in computing accu- within the purview of those statutes,
mulated leave (21 Comp. Gen. 688, Jan-exclusive of service under other leave
uary 20, 1942).
laws such as that applicable to officers
Where an agency, in the exercise of and employees of the Foreign Service
its administrative discretion, makes the (2A Comp. Gen, 304, October 18, 1944).
Uniform Annual and Sick Leave Regu- As tu payment for accumulated and cur-
lations applicable to employees sta- rent accrued leave. upon transfer to a
tioned outside the continental United position under a different leave system,
States, such change may not be made see section 3 of the act of December 21,
retroactively effective to a dute prior 1914, puge 483.02.
(February 1, 1945)
LEAVE OF ABSENCE
506
TRANSFER OF LEAVE
78th Cong., June 28, 1941), provides for
* *
the transfer to the War Manpower Com-
Transfer to non-Federal position.-mission, under certain specified condi-
See notes on page 497.01.
tions, of leave earned under State regu-
Transfer to a temporary position.-lations by employees of State employ-
See section 4.9 of the Leave Regula- ment facilities and services transferred
tions. As to meaning of term “tempo- to the War Manpower Commission..
* * * *
l'ary employee," see note on page 493.
Transfer of leave from a temporary
*Intervening period during which no
position. See section 4.10 of the Leave active duty was performed.-A transfer
Regulations
to a position under the same leave sys-
*Transfer between positions not in tem, whether in the same or a different
same leave system.--An enployee may agency, does not, in itself, constitute a
not transfer leave credits earned in a "separation from the service" within the
position subject to the Annual and Sick meaning of the act of Deceinber 21, 1944,
Leave Regulations upon transfer to a or of the provisions of the Leave Regu-
position excepted from those regula-lations governing , transfer of leave.
tions, whether or not subject to other This is true whether the employee was
leave laws and regulations, nor may he on actire duty, leave with pay, or leave
be granted terminal annual or vacation without pay at the time of the transfer.
leave. immediately prior to transfer to An employee who is transferred to such
such a position. The transfer of leave a position is not entitled to a lump-sum
credits between service or employment payment for his accumulated and ac-
under different leave systems is not au-
Clued annual leave under the act of
thorized by law and may not be au- December 21, 1944, unless he is actually
thorized by regulation (19 Comp. Gen.
366, September 15, 1939: 24. Comp. Gen. separated from the service for one or
304, October 18, 1944; decision, Comp-
more days. Where an employee who
troller General, January 18, 1945).
performed active duty on or after. De-
*Section 3 of the act of December 21, cember 21, 1941, is actually separated
1944 (page 483.02), provides for the liq- from the service for one or more days,
uidation of accumulated and current ac-
a lump-sum payment for leave is re-
crued annual leave, by a lump-sum pay-quired, and the employee will be subject
ment, where an employee is transferred to the requirement of section 1 of the
to a position under a different leave act of December 21, 1944, regarding re-
system. This section applies even fund upon reemployment in another
though the transfer is to a position in agency under the same leave system
the same agency. An employee who is (based on 19 Comp. Gen. 510, November
transferred to a Federal position or em- 18, 1939; decision, Comptroller General,
ployment not under any leave system, January 17, 1945). As to transfer of
such as a part-time or intermittent posi- sick leave in cases of separation from
tion, may be paid a lump-sum payment the service, see sections 4.8 and 4.9 of
for all accumulated and current accrued the leave regulations, page 488. As to
annual or vacation leave due at the time. recrediting of leave after return from a
The lump-sum payment may not be n: alde
Tederal non-Federal position to
in any case where the transfer occurred which the employee was transferred
prior to December 21, 1944 (decisions,
Comptroller General, January 13, 17, and with reemployment rights, see page 497.
30, 1945). For details as to procedure As to lump-sun payments and refunds
in making the payment, and computation thereof, see page 516.01.*
of the payment, see page 516.02.*
Intervening period of service as
The War Manpower Commission Ap- temporary employee.-See section 4.9
propriation Act, 1945 (Public Law 373, 1 of the Leave Regulations.
OL
a
(February 1, 1945)
506.01 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
Recrediting and transfer of leave received during the period of his an-
taken in violation of dual-compensation nual leave in his former position, the
statutes.-In cases involving payment leave cannot thereafter be transferred
of two salaries in two positions in con- to his new position (22 Comp. Gen. 654,
travention of the dual-compensation act January 15, 1943).
of May 10, 1916, as amended; the em- - This note does not apply to cases
ployee has a right of election to refund involving violation of the dual-com-
the salary of either position or employ- pensation act of July 31, 1894, as
ment, and only in the event the em- amended; as to such cases, see notes on
ployee fails to make an election will page 430.
it be presumed that he would elect to As to lump-sum payments for ac-
l'etain the salary of the position which cumulated and accrued annual leave
would give him the greater sum. When under the act of December 21, 1944,
annual leave in the older position could which are not regarled as salary for
have been transferred to the new posi- purposes of the dual-compensation acts,
tion, the election of the employee is see page 483.01.
particularly desirable because the
Transfer of additional acoumulated
transferred leave may be of more value leave made retroactively available by
to him than his retaining the greater statute.—Where an employee has been
salary during the period of dual em transferred from one department or
ployment. If the employee elects to agency to another under conditions per-
refund, and does refund, the salary re-mitting a transfer of leave credits, the
ceived for the period of annual leave previously forfeited annual leave which
granted and taken in his former posi- might have been recredited under the
tion, such leave can be restored to him act of December 17, 1942, if the em-
and transferred to his new position if ployee had remained in his previous
there was no break in service or other position, may be transferred to the em-
factor prohibiting such transfer. If ployee's credit in his new position (22
the employee elects to retain the sum | Comp. Gen. 932, March 30, 1943).
i
(February 1, 15145)
LEAVE OF ABSENCE
509
et seq.), which amends the Naval Re- absence of other statutory authority
serve Act of 1938, as amended, to pro. Therefor, payınent for annual leave
vide for the establishment of a Wo- earned by a member of the Corps in
men's Reserve, contains a provision another civilian position is precluded
that the Women's Reserve shall be a by the dual-compensation statutes.
branch of the Naval Reserve and shall The employee may, however, be granted
be administered under the same provi- leave without pay from his original po-
sions in all respects (except as may be sition for the purpose of service in the
necessary to adapt said provisions to Corps without forfeiture of accrued an-
the Women's Reserve, or as specifically nual and sick leave, and, since members
provided in the amendatory act) as of the Corps are within the purview of
those contained in the Naval Reserve the Annual and Sick Leave Acts of
Act or those which might thereafter be March 14, 1936, annual and sick leave
enacted with respect to the Volunteer to the credit of employees who enter
Reserve. The Judge Advocate General the Corps from another branch of the
of the Navy held in an opinion of Oc- Federal service without break in serv-
tober 26, 1942, that the Naval Reserve ice may be transferred to their credit
Act of 1938, as amended, contains suf- with the Corps (22 Comp. Gen. 256, Sep-
ficient authority for the establishment tember 19, 1942).
of a Women's Reserve of the United Public Health Service. -A civilian
States Marine Corps.
employee occupying a permanent posi-
The act of November 23, 1942 (56 tion who accepts a commission in the
Stat. 1020; 14 U. S. C. 1940 ed., supp. III, Public Health Service on or after No-
381 et seq.), which amends the Coast vember 11, 1943, without break in serv-
Guard Auxiliary and Reserve Act of ice is entitled to the benefits of the act
1941 (55 Stat. 9; 14 U. S. C. 1940 ed., of August 1, 1941, as amended (23
ch. 9), as amended, to provide for the Comp. Gen, 465, December 28, 1943).
establishment of a Women's Reserve, Civilian officers.--*Civilian officers, in-
contains a provision that the Women's cluding postmasters, are "employees of
Reserve shall be a branch of the Coast the United States Governinent” within
Guard Reserve and shall be adminis- the meaning of the act of August 1, 1941,
tered in the same manner as provided as amended (21 Comp. Gen. 237, Septem-
for the Coast Guard Reserve in all re-ber 19, 1941; 21 Comp. Gen. 422, No-
spects, except as may be necessary to vember 4, 1941; 22 Comp. Gen. 54, July
adapt said provisions to the Women's | 24, 1942).*
Reserve, or as specifically provided in Employees in offices of United States
the amendatory act.
Property and Disbursing Officers.-AC-
Air Corps Ferrying Command. The counting and custodial employees serv-
Air Corps Ferrying Command is re- ing in the office of the United States
garded as a civilian, rather than a Property and Disbursing Officer for a
military, organization (22 Comp. Gen. State who are employed by the State
044, April 6, 1943).
military authorities, although a part of
Army Specialist Corps.--An employee their compensation is paid from Fed-
who enter's the Army Specialist eral funds, are not "employees of the
Corps, established pursuant to Ex- United States Government" within the
ecutive Order No. 9078 of February meaning of the act of August 1, 1941,
26, 1942, from another branch of the and they may not be paid under said
Federal service does not enter "upon act, concurrently with active military
active military
naval service" or naval service, for annual leave ac-
within the meaning of the act of A.u- crued in their civilian positions (21
gust 1, 1941, as amended, and in the Comp. Gen. 305, October 8, 1941).
Ol
(February 1, 1945)
510–511 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
1
* to December 21, 1944, the payment for
Retroactive granting of leave after the leave should be processed as termi-
separation.-An employee who left his nal annual leave under the leave regu-
position subsequent to May 1, 1940, tolations then in force. Where the appli-
enter the active military or naval serv- cation is filed on or after December 21,
ice without break in service, may be 1944, the payment must be processed un-
granted retroactively, and paid for, the der the act of December 21, 1944, which
accun ulated or current accrued leave requires lump-sum payment for such
to which he is entitled under the act | leave; in such cases, the last day of
of August 1, 1941, as amended, includ- active service in a civilian position iş
ing any such leave to which he has to be regarded as the date of separation
become entitled by the act of December or inilitary furlough from the civilian
17, 1942 (56 Stat. 1052; 5 U. S. C. 1940 position. Regardless of the date of elec-
ed., supp. III, 30b). This is true even tion, the leave period covered by the
though he left the civilian. position payment must be counted as beginning
prior to April 7, 1942, the date on with the day following the last day of
which the act of August 1, 1941, was active duty in the civilian position prior
amended so as to extend its benefits to to entry into the active military or na-
employees who voluntarily enlisted in val service (22 Comp. Gen. 229, Septem-
the armed forces after May 1, 1940. ber 15, 1942; 21 Comp. Gen. 258, Sep-
However, action taken to separate an tember 25, 1941; 22 Comp. Gen. 546, De-
employee from the Governinent service cember 18, 1942; 24 Comp. Gen. 410, No-
upon his voluntary enlistment in the vember 24, 1944; decisions, Comptroller
military or naval service subsequent to General, January 16 and 17, 1945). As
May 1, 1940, may not thereafter be to terminal annual leave, see page 512–
l'escinded by retroactively changing the 514; as to lump-sum payments for leare,
administrative records to show such see page 516.01.
employee as in a leave-without-pay
After electing to be paid under the
status (based on 21 Comp. Gen. 403. act of August 1, 1941, as amended, for
November 3, 1941; 22 Comp. Gen. 47, his accrued annual leave, an einployee
July 20, 1942; 22 Comp. Gen. 810, Feb- may not refund the amount paid in
ruary 16, 1943).
order to have the leave remain to his
*Election as to immediate payment credit. However, an employee who has
for leave.—Under the act of August 1, requested that his leave remain to his
1941, as amended, employees covered by cerdit until his return from active mill-
the act "shall be entitled to receive, in tary or naval service may at any time
addition to their military pay, com- thereafter during such military or naval
pensation in their civilian positions cov-service elect to be paid, pursuant to the
ering their accumulated or current ac-
act of August 1, 1941, as amended, for
crued leare, or to elect to have such
his accrued annual leave, by filing an
leave remain to their credit until their
return from active military or naval application for such leave (22 Comp.
service.” The right to elect between the Gen. 229, September 15, 1942; 22 Comp.
two benefits is preserved by the act of Gen. 546, December 18, 1942). If he dies
December 21, 1944 (page 483.01), which on or after December 21, 1944, without
provides for lump-sum payments for ac- having exercised his election to be paid
cumulated and current accrued annual for his leave, his designated beneficiary,
leave.
or, in the absence of a designated bene-
An employee may elect to receive ficiary, his estate, may tile clainn for
compensation for the leave by filing anpayment under section 2 of the act of
application therefor at any time prior December 21, 1944 (decision, Comp-
to restoration to his civilian position. troller General, January 16, 1945). (As
Where such application was filed prior to such claims, see page 516.02.)*
(February 1, 1945)
LEAVE OF ABSENCE
511.01
em-
The right to payment for accumulated Upon restoration to his former civil-
or current accrued annual leave vests ian position or to a civilian position of
in an employee under the act of August like seniority, status, and pay, in ac-
1, 1941, as amended, at the time he en-cordance with section 8 (b) of the Se-
ters the armed forces without break lective Training and Service Act of 1940
between his civilian and military serv- or corresponding legislation, an
ice, and continues until he is restored ployee is presumed to have elected to
to his former civilian position or to a have the leave restored to his credit
civilian position of like seniority, status, unless he has already elected to receive
and pay. An employee who is not so payment for it.
payment for it. He may not be paid
restored after relief from active military compensation for the leave under the
or naval duty may file (laim in the Gen- uct of August 1, 1941, as amended, on
eral Accounting Office over his signature the basis of an application made after
for the amount of compensation believed
the date of such restoration. Where
to be due him under the provisions of
the act of August 1, 1941, as amended. the, application was made prior to the
(late of restoration, this employee does
The agency which formerly employed
him is not required to pay him for the not lose his right to payment for the
annual leave that stood to his credit leave merely by virtue of the fact that
the
office's
administrative
decision
when he entered the armed forces, but
any claim therefor filed by the veteran thereon was not reached until after the
should be forwarded to the General Ac- date of restoration (based on 21 Comp.
counting Office for settlement (21 Comp. Gen. 660, January 13, 1942; 24 Comp.
Gen. 660, January 13, 1942; 24 Comp. Gen. 410, November 24, 1944).
Gen. 410, November 24, 1944).
*
1
(February 1, 1945)
512-514 CIVIL SERVICE ACT, RULES, AND REGULATIONS, ANNOTATED
[The notes on "Leave Differentials", which formerly
appeared on page 512, have been transferred to page
505.02.]
LIQU'IDATION OF LEAVE
grade salary advancements under the
act of August 1, 1941, which become ef-
Terminal Annual Leave
fective between the last day of active
*Separation from the service.-Whereauty and the expiration of the terminal-
it is known in advance that an employee leave period; and will not be eligible for
is to be separated from the service, he the lump-sum payments unless restored
may not be granted terminal annual or
to active duty or reemployed. They may
vacation leave immediately prior to such not change the effective dates of their
separation. This does not require can- resignations during the terminal leave
celation of terminal leave in the case of for the purpose of receiving a lump-sum
employees who had entered terminal- payment for the remainder of their
leave status prior to December 21, 1944, leare (decisions, Comptroller General,
their services otherwise having been January 11, 13, and 19, 1945).
terminated prior thereto. Such persons
As to the granting of leave other than
will continue to receive payment for the annual leare, see page 517. As to lump-
period of the terminal leave in the man- sum payments for accumulated and cur-
ner usual before the enactment of the rent accrued annual leave, see page
act; will receive the benefit of within 516.01.*
!
(February 1, 1945)