l'( LAWS AND REGULATIONS GOVERNING LEAVE OF ABSENCE FOR EMPLOYEES OF THE UNITED STATES MARITIME COMMISSION UNIV. OF FLLW. DQCUMENTS DEPX s « kl -1 U.S. DEPOSITORY UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON : 1940 (March 2, 1940) NOTICE This pamphlet contains the basic hiws, rules, and regulations govern- ing annual and sick leave for Government employees. While these laws and regulations are generally applicable to all Government employees, except those specifically exempted therein, it should be noted that in any particular department or agency the regulations may be supplemented by administrative orders or departmental regulations not inconsistent with these regulations, (II) ANNUAL LEAVE LAW [Public — No. 471 — 74th CongressI [H. R. 8458] AN ACT To provide for vacations to Government employees, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assem- bled. That with the exception of teach- ers and librarians of the public 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 govern- ment of the District of Columbia, re- gardless of their tenure, in addition to any accrued leave, shall be entitled to twenty-six days' annual leave with pay each calendar year, exclusive of Sun- days and holidays : ProwctecZ, That the part unused in any year shall be ac- cumulated for succeeding years until it totals not exceeding sixty days. This Act shall not affect any sick leave to which employees are now or may hereafter be entitled. Temporary em- ployees, except temporary employees engaged on construction work at hourly rates, shall be entitled to two and one-half 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 estab- lishments 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, setting forth the hours of duty per day and per week for each group of employees. Before is- suing such regulations, which shall be issued within three months from the date of approval of this Act, the heads of departments and independent es- tablishments shall meet and consult among themselves and make such reg- ulations as nearly uniform as possible so that all employees, temporary or permanent, in all departments and in- dependent establishments shall receive like treatment as nearly as may be practicable: Provided, ITiat heads of departments and independent estab- lishments may appoint a subcommit- tee to draft such regulations. Sec. 3. Each head of a department or independent establishment shall keep a record of all work performed, in excess of the work required by de- partmental regulations issued in con- formance with section 2 hereof, for the period commencing July 1, 1936 and ending December 31, 1936, and shall report same to the Civil Service Com- mission at the end of each month. The Civil Service Commission shall make a report of such record to the Congress on or before January 31, 1937. Sec. 4. Nothing in this Act shall affect the Postmaster General and officers and employees in or under the Post Office Department: Provided, That officers and employees in the de- partmental 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 continuance of any existing leave differential now obtaining for the benefit of employees of the Federal Government stationed outside the continental limits of the United States. Sec. 6. The employees of any cor- poration created under authority of an Act of Congress which is either wholly controlled or wholly owned by the United States Government, whether or not the employees thereof are paid from funds appropriated by Congress, shall be included within the provisions of this Act. Sec 7. The leave of absence herein provided for shall be administered under such regulations as the Presi- dent may prescribe, so as to obtain, so far as practicable, uniformity in the application of this Act. Approved, March 14, 1936. (1) 2 [Public — No. 419 — 76th Congress] [Chapter 33 — 3d Session] [S. 2876] AN ACT To a^nend the Annual and Sick Leave Acts of March 14, 1936 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assem- bled, Tliat the days of annual leave with pay provided for in the Act of March 14, 1936 (49 Stat. 1161), and the days of sick leave with pay pro- vided for in the Act of March 14, 1936 (49 Stat. 1162) , shall mean days upon which employees would otherwise work and receive pay, and shall be exclusive of Sundays which do not occur within a regular tour of duty, holidays, and all nonwork days estab- lished by Federal statute or by Execu- tive or administrative order. Approved, March 2, 1940. REGULATIONS EXECUTIVE ORDER Prescribing Regulations Relating to Annual Leave of Government Em- ployees By virtue of and pursuant to the au- thority vested in me by section 7 of the act of March 14, 1936, entitled "An Act to provide for vacations to Gov- ernment employees, and for other purposes" (49 Stat. 1161) as amended by the act of March 2, 1940, entitled "An Act to amend the Annual and Sick Leave Acts of March 14, 1936" (Public No. 419, 76th Congress, 3rd Session), I hereby prescribe the fol- lowing regulations governing the granting of annual leave to civilian ofiBcers and employees of the United States, the District of Columbia, and all corporations included within the provisions of section 6 of the aforesaid act of March 14, 1936, except as pro- vided in Part III hereof: PART I. definitions Sec. 1. As used in these regula- tions : (a) "Employee" and "employees" include officer and oflScers, respec- tively. (b) "Permanent employees" are those appointed without limitation as to length of service or for definite periods in excess of 6 months. (c) "Temporary employees'* are those appointed for definite periods of time not exceeding 6 months. (d) "Emergency employees" are those whose compensation is paid from emergency funds and whose tenure of appointment is limited to the period for which the emergency funds are available. (e) "Indefinite employees" are those appointed for the "duration of the job" and those who, although paid only when actually employed, are con- tinuously employed or required to be available for duty for a period of not less than one month, as distinguished from part-time or intermittent em- ployees. (f ) "Accumulated leave" means the unused annual leave not exceeding 60 days which has accrued during years prior to the current year. (g) "Current annual leave" means the leave authorized by statute for the current year. (h) "Current accrued leave" means that part of the current annual leave which bears the same ratio to the cur- rent annual leave that the expired part of the current year bears to the full year. (i) "Unaccrued leave" means that part of the current annual leave which bears the same ratio to the current annual leave as the unexpired part of the current year bears to the full year. PART II. general provisions Sec 2. Permanent employees who have been employed continuously for one year or more and who do not con- template leaving the service during the current calendar year shall be en- titled to current annual leave with pay at any time during such calendar year not in excess of 26 days. In addition to current annual leave such em- ployees may be granted accumulated leave not to exceed 60 days. Sec 3. Leave shall be granted at such time or times as may be deemed to be in the public interest. Sec 4. (a) Unaccrued leave shall be granted only with the express un- derstanding that if such leave is not later earned during the calendar year, deductions will be made for the un- earned portion from any salary due the employee, or from any deductions in the retirement fund to the credit of the employee. (b) In cases of separation where an employee is indebted to the Govern- ment for advanced annual leave, such indebtedness shall be charged against the employee on the basis of the salary rate obtaining during the pe- riod of advanced annual leave and on the basis of one day's pay for each day of absence on a day upon which such employee would otherwise work and receive pay, such days of absence being exclusive of Sundays which do not occur within a regular tour of duty, holidays, and all nonwork days established by Federal statute or by Executive or administrative order. Absences for fractional parts of a day shall be charged proportionately. This subsection shall not apply in cases of death, retirement for age or disability, or reduction of force, or in case an employee who is not eligible for retirement is unable to return to duty because of disability, evidence of which shall be supported by an ac- ceptable certificate from a registered practicing physician or other prac- titioner. Sec. 5. Employees, other than tem- porary, entering the service by orig- inal appointment or by reinstatement shall be entitled to annual leave with pay accruing at the rate of 2^6 days for each month of service rendered until the completion of one year's service. Emergency and indefinite employees shall be entitled to annual leave with pay accruing at the rate of 2 Ye days per month for each month of service and may in addition thereto be granted accumulated leave. Sec. 6. An employee transferred or reappointed without break in service from one permanent, emergency, or indefinite position to another perma- nent, emergency, or indefinite position within the same or a different govern- mental agency shall at the time of his transfer or reappointment be credited with such accumulated and current accrued leave as may be due him, or charged with any unaccrued leave which may have been advanced, pro- vided such latter position is also within the purview of the said act of March 14, 1936. An employee trans- ferred or appointed without break in service from one permanent, emer- gency, or indefinite position within the purview of the said act of March 14, 1936, to another position or employ- ment in the Federal service which is not within the purview of that act, shall be credited with all leave accum- ulated and accrued on the date of such transfer or appointment at such time as he may be subsequently re- transferred or reappointed to a posi- tion within the purview of that act, provided such subsequent retransfer or reappointment is also without break in service. "Break in service" means separation from the Federal service for a period of one or more work days. Sec. 7. An employee voluntarily separated from the service without prejudice during any calendar year shall be entitled to all of his accumu- lated leave plus his current accrued leave to and including the date of separation. Sec 8. An employee who is invol- untarily separated from the service other than for cause due to his own misconduct shall be entitled to all of his accumulative leave and current accrued leave, and the date of his dis- charge shall be fixed so as to permit him to take such leave. The date of discharge of an employee separated from the service for cause due to his own misconduct may, within the dis- cretion of the administrative office concerned, be fixed so as to permit the allowance of all or any part of accum- ulated leave and current accrued leave. Sec. 9. Leave without pay shall not be granted until all accumulated and current accrued leave allowable under these regulations is exhausted, except that (a) An employee injured in line of duty may be granted leave without pay, if desired, covering the period of absence necessary to recover from such injury, instead of covering such time by annual leave; and during ab- sence because of such injury and while being paid by the Employees' Com- pensation Commission, such an em- ployee shall continue to earn leave, which shall, however, be granted only in the event of his return to actual duty. (b) An employee who is ordered to active military, naval or Coast Guard duty may, prior to the exhaustion of his accumulated and current accrued leave, be granted leave or furlough without pay during all or any portion of the period necessary to perform such duty. Sec. 10. Annual leave shall accrue to an employee while in a leave-with- pay status. Except as provided in section 9 hereof, annual leave shall not accrue to an employee while in a non-pay status due to leave without pay or furlough when the duration of such non-pay status in any calendar year aggregates 30 calendar days or more: Provided, that when the du- ration of such non-pay status is in excess of 30 calendar days in any cal- endar year, such excess shall affect the accrual of annual leave only when it aggregates 10 calendar days, and like- wise for each aggregate period of 10 calendar days thereafter. Annual leave shall not accrue during any pe- riod of suspension for disciplinary reasons. Sec. 11. Employees shall be charged with annual leave only for absences on days upon which they would other- wise work and receive pay. No charge shall be made against annual leave for absence on Sundays which do not occur within a regular tour of duty, holidays, and non-work days estab- lished by Federal statute or by Execu- tive or administrative order : Provided, that in the case of employees whose terms or conditions of employment re- quire that they regularly work on a Sunday or holiday and be off duty on another day of the week in lieu thereof, the Sunday or holiday occur- ring within a period of annual leave shall be charged as annual leave and the lieu day shall not be so charged. Sec 12. The minimum charge for annual leave shall be 15 minutes, and additional leave shall be charged in like multiples. Annual leave granted for less than one day shall be charged in the ratio that the amount of annual leave granted bears to the number of work hours of the regular work day prevailing in the agency concerned. For the purposes of this section, Sat- urdays and part holidays shall not be considered regular work days, except as may be required under section 11 hereof. Sec. 13. Annual leave shall not be granted with pay at the beginning of a calendar year immediately following a period of absence in a non-pay status in the preceding year unless and until there is a return to duty, at which time leave may be retroactively granted. Leave without pay under any other circumstances may not later be converted into annual leave. Sec. 14. Temporary employees shall be granted 2 1/2 days leave for each full month of service. After the first month of service such leave may be credited at the beginning of the month in which it accrues. Temporary em- ployees shall be charged with annual leave only for absence on days upon which they would otherwise work and receive pay. No charge shall be made against annual leave for absence on Sundays which do not occur within a regular tour of duty, holidays, and non-work days established by Federal statute or by Executive or adminis- trative order. Sec 15. Temporary employees who subsequently receive indefinite, emer- gency, probational, or permanent ap- pointments in the same department or agency without break in service shall be entitled to 2^/^ days annual leave for each full month of service to the date of such indefinite, emergency, probational, or permanent appoint- ment and thereafter at the rate of 2 Ye days per month, and shall be credited with such accumulated and current accrued leave as may be due, or charged with any unaccrued leave which may have been advanced. Sec 16. Nothing in these regula- tions shall be construed to prevent the continuance of any leave differential existing prior to January 1, 1936, for the benefit of employees of the Federal Government stationed without the continental limits of the United States. However, any department may, if it so desires, apply these regu- lations to employees stationed with- out the continental limits of the United States, subject to the continu- ance of such leave differential. Sec 17. The annual leave author- ized by these regulations shall, except as to temporary employees, be re- corded and administered on a calen- dar-year basis. Sec 18. The heads or governing bodies of the various governmental agencies to which this Executive Order applies shall be responsible for the proper administration of these regu- lations in so far as they pertain to the granting of annual leave to em- ployees under their respective juris- dictions; and they may, within the limits authorized by law, issue such regulations as are not inconsistent with these regulations. PART III. employees EXCEPTED Sec 19. These regulations shall not apply to: (a) Teachers and Librarians of the public schools of the District of Co- lumbia. (b) OflQcers and employees of the Panama Canal and Panama Railroad on the Isthmus of Panama. (c) Temporary employees engaged on construction work at hourly rates. (d) The Postmaster General and officers and employees in or under the Post Office Department, except those serving in the departmental service and in the Mail Equipment Shops, (e) Persons paid security or pre- vailing wages from funds allocated by the Work Projects Administration, Federal Works Agency, on state, mu- nicipal, or other public but non-Fed- eral projects, or on a Federal project: Provided, that annual leave shall be granted in accordance with these reg- ulations to employees in the central office of the Work Projects Adminis- tration, Federal Works Agency, in the District of Columbia and at district and local headquarters, and to other employees in administrative or cleri- cal positions who receive other than security or prevailing wages, as pre- scribed in Executive Orders. (f) Employees not required to be continuously employed during regular tour of duty, such as: (1) per diem or per hour employees engaged in an emergency who may be employed for more than one 7- or 8-hour shift within 24 hours during the emer- gency; (2) part-time or intermittent employees; (3) persons engaged under contract; (4) employees engaged tem- porarily for less than a month on a piece-price basis; (5) employees who are paid at hourly rates but who are not engaged on construction work, such as mechanics, skilled laborers, and others engaged in various services on maintenance, repair, clean-up work, etc., where employment is more or less intermittent and not on a regu- lar and continuous basis; and (6) em- ployees paid on a fee basis, such as physicians, surgeons, and ether con- sultants. PART IV. ratification; revocation; EFFECTIVE DATE Sec. 20. All temporary regulations issued by the heads of the various de- partments and independent establish- ments under authorirty of Executive Order No. 7321 of March 21, 1936, are hereby ratified. All such temporary regulations and all other regulations relating to the granting of annual leave are hereby revoked in so far as they are inconsistent with these regu- lations. Sec. 21. This order shall supersede Executive Orders No. 7845 of March 21, 1938, No. 7879 of May 9, 1938, and No. 8226 of August 24, 1939,' and shall be effective as of March 2, 1940, except that sections 6 and 9 shall be effective as of July 1, 1936, provided that the total amount of leave to the credit of any employee resulting from an ad- justment of such leave on the basis of the regulations as herein amended shall not exceed the amount author- ized to be accumulated by law. Sec. 22. This order shall be pub- lished in the Federal Register. Fraiiklin D Roosevelt The White House, March 29, [No. 8384] 1940. 3 F.R. 715, 1C75; 4 P.R. 3722. SICK LEAVE LAW [Public — No. 472 — 74th Congress] [H. R. 8459] AN ACT To standardize sick leave and extend it to all civilian employees Be it enacted by the Senate and House of Representatives of the United States of America in Congress as- sembled. That after January 1, 1936, except as provided in section 4 hereof, all civilian officers and employees of the United States wherever stationed and of the government of the District of Columbia, other than teachers and librarians of the public schools of the District of Columbia and officers and members but not the civilian person- nel of the police and fire departments of the District of Columbia and other than officers and employees of the Panam.a Canal and Panama Railroad on the Isthmus of Panama, shall be entitled to sick leave with pay regard- less of their tenure, as described herein. Sec. 2. On and after January 1, 1936, cumulative sick leave with pay, at the rate of one and one-quarter days per month, shall be granted to all civilian officers and employees, the total accumulation not to exceed ninety days. Temporary employees, except temporary employees engaged on construction work at hourly rates, shall be entitled to one and one- quarter days sick leave for each month of service: Provided, That all such employees shall furnish certificates satisfactory to the head of the appro- priate department or independent establishment. Sec 3. Administrative officers may advance thirty days sick leave with pay beyond accrued sick leave in cases of serious disability or ailments and when required by the exigencies of the situation. Sec 4. Nothing in this Act shall affect the Postmaster General and officers and employees in or under the Post Office Department except those serving in the departmental service and in the Mail Equipment Shops of such Department. Sec. 5. Nothing in this Act shall be construed to prevent the continuance of any existing leave differential now obtaining for the benefit of employees of the Federal Government stationed outside the continental limits of the United States. Sec 6. The employees of any cor- poration created under authority of an Act of Congress which is either wholly controlled or wholly owned by the United States Government, whether or not the employees thereof are paid from funds appropriated by Congress, shall be included within the provisions of this Act. Sec. 7. The leave of absence herein provided for shall be administered under such regulations as the Presi- dent may prescribe, so as to obtain, so far as practicable, uniformity in the application of this Act. Approved, March 14, 1936. [Public — No. 419 — 76th Congress] [Chapter 33 — 3d Session] [S. 2876] AN ACT To amend the Annual and Sick Leave Acts of March 14, 1936 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assem- bled. That the days of annual leave v/ith pay provided for in the Act of March 14, 1936 (49 Stat. 1161), and the days of sick leave with pay pro- vided for in the Act of March 14, 1936 (49 Stat. 1162) , shall mean days upon which employees would otherwise work and receive pay, and shall be exclusive of Sundays which do not occur witliin a regular tour of duty, holidays, and all nonwork days established by Fed- eral statute or by Executive or admin- istrative order. Approved, March 2, 1940. (6) REGULATIONS EXECUTIVE ORDER Prescribing Regulations Relating to Sick Leave of Government Em- ployees By virtue of and pursuant to the authority vested in me by section 7 of the act of March 14, 1936, entitled "An Act to standardize sick leave and extend it to all civilian employees" (49 Stat. 1162) as amended by the act of March 2, 1940, entitled "An Act to amend the Annual and Sick Leave Acts of March 14, 1936" (Public No. 419, 76th Congress, 3rd Session), I hereby prescribe the following regula- tions governing the granting of sick leave to civilian officers and employees of the United States, the District of Columbia, and all corporations in- cluded within the provisions of section 6 of the aforesaid act of March 14, 1936, except as provided in Part III Jhereof : PART I. definitions Sec. 1. As used in these regulations "employee" and "employees" shall in- clude : (a) Officer and officers, respectively. (b) Permanent employees — those appointed without limitation as to length of service or for definite periods in excess of six months. (c) Temporary employees — those appointed for definite periods of time not exceeding six months. (d) Emergency employees — those whose compensation is paid from emergency funds and whose tenure of appointment is limited to the period for which the emergency funds are available. (e) Indefinite employees — those ap- pointed for the "duration of the job" and those who, although paid only when actually employed, are contin- uously employed or required to be available for duty for a period of not less than one month, as distinguished from part-time or intermittent em- ployees. PART II. general PROVISIONS Sec. 2. Sick leave with pay shall be granted to employees when they are incapacitated for the performance of their duties by sickness, injury, or pregnancy and confinement, or when some member of the immediate fam- ily of the employee is afflicted with a contagious disease and requires the care and attendance of the employee, or when, through exposure to con- tagious disease, the presence of the employee at his post of duty would jeopardize the health of others. Sec 3. Except as provided in sec- tion 4 hereof, employees shall be en- titled to sick leave at the rate of 11/4 days a month, and if such leave is not used it shall accumulate: Provided, That the total accumulation shall not exceed 90 days. Sick leave accruing during any month of service shall be available at any time during the month. Sec. 4. In cases of serious disability or ailments, and when the exigencies of the situation so require, sick leave may be advanced not in excess of 30 days in addition to the unused sick leave that has accumulated to the credit of the employee: Provided, That temporary employees shall not be entitled to an advance of sick leave: A7id provided further, That no ad- vances of sick leave shall be made to any employee unless the absence from duty on account of illness is for a period, or periods, of not less than 5 consecutive work days, except that advanced leave in a less amount may be granted to supplement accrued leave to cover a continuous absence of 5 work days or more; that every case of advanced leave shall be sup- ported by a certificate of a registered practicing physician or other prac- titioner; that the total of such ad- vances shall not at any time exceed 30 days in excess of the accumulated sick leave; and that such advances shall be charged against sick leave subsequently accumulating. Sec 5. When an employee applies for sick leave in excess of the amount accumulated to his credit and the cir- cumstances do not justify such an advance, the excess leave applied for, if granted and used, shall be charged against any unused annual leave to which the employee is entitled, or, if there is no unused annual leave, the excess shall be charged as leave with- out pay, and such excess leave, how- ever charged, shall not thereafter be converted into either sick or annual leave subsequently accumulating. Sec 6. Sick leave shall not be ad- vanced in an amount that would ex- ceed the total that would accumulate during the period from the date of the advance to the termination of a lim- ited appointment (not temporary in character) or one expiring on a speci- fied date. ^ 8 Sec. 7. Advanced sick leave may be granted irrespective of whether the employee has to his credit unused aimual leave. Sec. 8. Sick leave shall not be granted for slight illness or indispo- sition not incapacitating the employee for the performance of his regular duties, or for absence for the purpose of being treated professionally by a dentist or oculist in his office; but sick leave may be granted for deten- tion at home or in a hospital by illness or disability due to causes as to which a dentist or oculist is qualified to certify. Sec. 9. An employee transferred or reappointed without break in service from one permanent, emergency or indefinite position to another perma- nent, emergency or indefinite position within the same or a different govern- mental agency shall at the time of his transfer or reappointment be credited with accumulated sick leave, and charged with sick leave previously ad- vanced in excess of that accumulated, provided such latter position is also within the purview of the said act of March 14, 1936. An employee trans- ferred or appointed without break in service from one permanent, emer- gency, or indefinite position within the purview of the said act of March 14, 1936, to another position or employ- ment in the Federal service which is not within the purview of that act, shall be credited with all leave, accu- mulated and accrued on the date of such transfer or appointment at such time as he miay be subsequently re- transferred or reappointed to a posi- tion within the purview of that act, provided such subsequent retransfer or reappointment is also without break in service. "Break in service" means separation from the Federal service for a period of one or more work days. Sec. 10. Sick leave shall accrue to an employee while in a leave-with- pay status. Sick leave shall not ac- cumulate to an employee while in a non-pay status due to leave without pay or furlough when the duration of such non-pay status in any calen- dar year aggregates 30 calendar days or more: Provided, that when the duration of such non-pay status is in excess of 30 calendar days in any calendar year, such excess shall affect the accumulation of sick leave only when it aggregates 10 calendar days, and likewise for each aggregate pe- riod of 10 calendar days thereafter. Sick leave shall not accrue during any period of suspension for disciplinary reasons. Sec 11. In the case of voluntary separation or removal for cause of an employee to whom sick leave has been advanced in an amount in excess of that accumulated, the employee shall refund the amount paid him for the period of such excess, or deduction therefor shall be made from any salary due him or from any amount in the retirement fund to his credit. Such indebtedness shall be charged against the employee on the basis of the salary rate obtaining during the period of advanced sick leave and on the basis of one day's pay for each day of absence on a day upon which the employee would otherwise work and receive pay, such days of absence being exclusive of Sundays which do not occur within a regular tour of duty, holidays, and all non-work days estab- lished by Federal statute or by Ex- ecutive or administrative order. Ab- sences for fractional parts of a day shall be charged proportionately. This section shall not apply in cases of death, retirement for age or dis- ability, or reduction of force, or in case an employee who is not eligible for retirement is unable to return to duty because of disability, evidence of which shall be supported by an acceptable certificate from a registered practicing physician or other practitioner. Sec 12. Employees shall be charged for sick leave only for absence on ac- count of illness on days upon which they would otherwise work and re- ceive pay. Absence on account of ill- ness on Sundays not occurring within a regular tour of duty, on holidays, and on all non-work days established by Federal statute or Executive or ad- ministrative order shall not be charged as sick leave. Sec 13. The minimum charge for absence on account of sickness shall be one-half of a regular work day, which minimum charge shall like- wise apply on Saturdays or other days on which four hours constitute a full work day; and additional sick leave authorized on the same day shall be charged in multiples of one-half hour. Sec 14. Notification of absence on account of sickness shall be given as soon as possible on the first day of absence. If such notification is not made in accordance with this regula- tion, such absence may be charged to annual leave or leave without pay. Application for sick leave shall be filed within two days after return to duty. For periods of absence of 3 work days 9 or less, the total of which shall not exceed 12 work days in any one calen- dar year, the applicant's signed state- ment on a prescribed form may be accepted. Sec. 15. In case of a period of ab- sence in excess of 3 work days a cer- tificate of a registered practicing physician or other practitioner sup- porting the application for sick leave shall be filed not later than fifteen days after return to duty. In remote localities where such certificate can- not reasonably be obtained, the appli- cant's signed statement as to the nature of the illness and the reason why a certificate is not furnished may be accepted. Sec. 16. When sickness continuing for more than 5 work days occurs within a period of annual leave, the period of illness may, upon presenta- tion of the certificate of a registered practicing physician or other practi- tioner, be charged as sick leave, and the charge against annual leave re- duced accordingly. No such charge against sick leave shall be made for illness which does not last more than 5 work days. Application for such substitution of sick leave for annual leave shall be made within 2 days after the expiration of the annual-leave period: Provided, that this provision may be waived by the head of the de- partment or agency concerned. Sec. 17. Sick leave may not be granted for a period immediately fol- lowing a period of absence in a non- pay status, unless and until there is a return to actual duty, nor may such leave without pay be converted into sick leave. Sec. 18. Sick leave accumulated dur- ing temporary appointment shall be credited to an employee who receives an indefinite, emergency, probational, or permanent appointment in the same department or agency without break in service but shall not be trans- ferable elsewhere under any circum- stances. Sec. 19. In the case of an employee who was not entitled to sick leave under prior law, but who is now en- titled thereto, sick leave as accumu- lated may be substituted for leave without pay or annual leave taken be- cause of illness between January 1 and March 14, 1936. Sec. 20. Sick leave taken in excess of 1 1/4 days a month during the period between January 1 and March 14, 1936, shall be charged against sick leave subsequently accumulating. Sec. 21. Nothing in these regula- tions shall be construed to prevent the continuance of any sick leave dif- ferential existing prior to January 1, 1936, for the benefit of employees of the Federal Government stationed without the continental limits of the United States. However, any depart- ment may, if it so desires, apply these regulations to employees stationed without the continental limits of the United States, subject to the continu- ance of such leave differential. Sec. 22. The heads or governing bodies of the various governmental agencies to which this order applies shall be responsible for the proper ad- ministration of these regulations in so far as they pertain to the granting of sick leave to employees under their respective jurisdiction; and they may, within the limits authorized by law, issue such regulations as are not In- consistent with these regulations. PART III. EMPLOYEES EXCEPTED Sec. 23. These regulations shall not apply to: (a) Teachers and librarians of the public schools of the District of Co- lumbia. (b) Officers and members of the police and fire departments of the District of Columbia, other than civilian personnel. (c) Officers and employees of the Panama Canal and Panama Railroad on the Isthmus of Panama. (d) Temporary employees engaged on construction work at hourly rates. (e) The Postmaster General and officers and employees in or under the Post Office Department except those serving in the departmental service and in the Mail Equipment Shops. (f) Persons paid security or pre- vailing wages from funds allotted by the Work Projects Administration, Federal Works Agency, on a state, mu- nicipal, or other public but non-Fed- eral project or on a Federal project: Provided, that sick leave shall be granted in accordance with these reg- ulations to employees in the central office of the Works Projects Adminis- tration, Federal Works Agency, in the District of Columbia and at district and local headquarters, and to other employees in administrative or cler- ical positions who receive other than security or prevailing wages as pre- scribed in Executive Orders. (g) Employees not required to be continuously employed during regular tour of duty, such as: (1) Per diem or 10 per hour employees engaged in an emergency who may be employed for more than one 7- or 8-hour shift within 24 hours during the emergency; (2) part-time or intermittent em- ployees; (3) persons engaged under contract; (4) employees engaged tem- porarily for less than a month on a piece-price basis; (5) employees who are paid at hourly rates but who are not engaged on construction work, such as mechanics, skilled laborers, and others engaged in many services on maintenance, repair, clean-up work, and the like, where employment is more or less intermittent and not on a regular or continuous basis; and (6) employees paid on a fee basis, such as physicians, surgeons, and other con- sultants. PART IV. ratification; revocation; EFFECTIVE DATE Sec. 24. All temporary regulations Issued by the heads of the various de- partments and independent establish- ments under authority of Executive Order No. 7321 of March 21, 1936, are hereby ratified. All such temporary regulations and all other regulations relating to the granting of sick leave are hereby revoked in so far as they are inconsistent with these regu- lations. Sec. 25. This order shall supersede Executive Orders No. 7846 of March 21, 1938, No. 7880 of May 9, 1938, and No. 8227 of August 24, 1939," and shall be effective as of March 2, 1940, ex- cept that section 9 shall be effective as of July 1, 1936, provided that the total amount of leave to the credit of any employee resulting from an ad- justment of such leave on the basis of the regulations as herein amended shall not exceed the amount author- ized to be accumulated by law. Sec. 26. This order shall be pub- lished in the Federal Register. Franklin D Roosevelt The White House, March 29, 1940 [No. 8385] »3 F.R. 717, 1075; 4 FJl. 3722. ADMINISTRATIVE REGULATIONS GOVERNING HOURS OF EMPLOYMENT AND ABSENCES NOT SPECIFICALLY COVERED BY THE UNI- FORM LEAVE REGULATIONS 1. HOURS OF EMPLOYMENT 1. Hours of employment shall be as follows: Group I — Schedule of 7 hours per day, 39 hours per week. (All office employees.) Hours of duty — 9. a. m. to 4:30 p. m. (9 a. m. to 1 p. m. on Saturday.) Group II — Schedule of 8 hours per day, 40 or 44 hours per week. (Office laborers and chauffeurs, custodial or maintenance employees, such as mechanics, helpers, laborers, watch- men, etc.) Group III — Schedule of an average of 8 hours per day or 44 hours per week, with the enforcement of this average dis- tributed over a 3 -month period. (All employees of the laid-up fleets.) 2. The hours of duty in regional offices will be fixed by the Division of Personnel Supervision and Management on recommendation of the district manager, with due regard to public interest and convenience, for employees coming within the above groups. 3. Employees may leave the building during the hours of employment only with the express permission of their immediate supervisor. 4. Employees returning to the building after office hours shall not visit any other unoccupied office in their own or other division without permission or without valid reason. 5. Tardiness may at the discretion of the directors of divisions be recorded against annual leave. 6. Overtime is not necessarily to be regarded as reason for tardiness the following morning. In any case wherein overtime is protracted to such an hour that late arrival the next morning is considered in order, permission for late arrival must be secured from the directors of divisions or section heads. 2. LEAVE CLASSIFICATION OF LEAVE Leave is classed under one of the following headings: Annual. Sick. Military. Court. Leave without pay. APPROVAL OF LEAVE All applications for leave must be made out on the form prescribed by the Commission. Directors of divisions are hereby authorized to approve appli- cations for annual leave not inconsistent with these regulations. Applica- tions for sick leave may be approved by directors of divisions to the extent that such sick leave has accumulated and accrued to the credit of the em- ployee. Requests for the advance of sick leave and leave without pay will be recommended by directors of divisions and submitted to the Division of Personnel Supervision and Management for approval. District Managers are hereby authorized to approve applications for all leave of employees in the field service. (11) 12 LEAVE RECORDS Leave records for employees in Washington will be maintained in the Division of Personnel Supervision and Management. Leave records for employees in the field service will be maintained in the district oflace, except that on termination of the services of an employee the leave card will be promptly forwarded to the Division of Personnel Supervision and Manage- ment, Washington, for inclusion in the employee's personnel file. ANNUAL LEAVE Application for annual leave must be made in advance except under the most unusual circumstances, and in any such case a telephone request must be made to the division or section head by 11 a. m. on the day for which leave is desired. All partial day absences on annual leave will be charged in periods of 15 minutes and multiples thereof. Numerous applications for annual leave for short periods are regarded as contrary to good administra- tion and will not be looked upon with favor. OFFICIAL LEAVE Official leave is reported to the Division of Personnel Supervision and Management, but no charge is made against the employee's record. Official leave may be granted under two headings: Official travel. Court leave. I. OFFICIAL TRAVEL Official travel leave is granted to employees assigned to temporary duty in the field or authorized to travel on an official basis. II. COURT LEAVE 1. Employees who have been subpoenaed to attend court will be allowed special leave of absence with pay when serving as witnesses for the Govern- ment; otherv>?ise such absences will be charged to annual leave or leave with- out pay. Evidence of attendance at court will be required. Witnesses for the District of Columbia are not considered witnesses for the Federal Government within the purview of this provision. 2. Where a person employed by the Commission (whether in the District of Columbia or elsewhere) is required to be absent from his duties in order to serve on a jury in a Federal court, the period of such absence shall not be charged against his annual leave. The certificate of such absence signed by the clerk of the court must be submitted. Jury service in other than a Federal court shall be charged to annual leave. MILITARY LEAVE 1. Military leave, members of District of Columbia National Guard. — Members of the National Guard of the District of Columbia may be granted military leave (1) on all days of service which they may be ordered to per- form by the commanding general; and (2) on all days during which they shall be engaged in field or coast-defense training ordered or authorized under the provisions of the act of June 3, 1916. 2. Military leave. National Guard outside the District of Columbia. — ^Mem- bers of the National Guard outside the District of Columbia (whether em- ployed at Washington, D. C, or elsewhere) may be granted military leave on all days during which they shall be engaged in field or coast-defense training ordered or authorized under the provisions of the act of June 3, 1916. 3. Military leave, members of the Naval Militia and the Naval Reserve. — Members of the Naval Militia (whether of the District of Columbia, or other- wise, and wherever employed) may be granted military leave whenever they attend drills, cruises, or other order duty of the Naval Militia. Members of the Naval and Marine Reserve shall be entitled to leave of absence on all days during which they are employed, under orders, on training duty, for periods not to exceed 15 days in any one calendar year. 13 4. Military leave, memhers of the Officers' Reserve Corps. — ^I'vlembers of the Officers' Reserve Corps (whether employed in the District of Columbia or elsewhere) may be granted military leave on all days during which they shall be ordered to duty with troops or at field exercises, or for instruction for periods not to exceed 15 days in any one calendar year. 5. Military leave, other organizations. — Employees of the Commission sta- tioned outside of Washington, D. C, who are members of any military or naval organization established under authority of a statute of the United States, other than the National Guard, the Naval Militia, the Naval and Marine Reserve, or the Officers' Reserve Corps, may, in the event they can be spared without detriment to the service, be granted military leave when- ever they may be required to perform military duty of any kind as members of such military or naval organizations: Provided, however. That the mili- tary leave so granted shall not exceed 30 days in any one calendar year. 6. Officers' certificate. — ^Application for military leave must be supported by the certificate of a competent officer of the military or naval organization of which the employee is a member. LEAVE WITHOUT PAY 1. Leave without pay is not desirable for the best interests of the service and will be granted only for the most urgent reasons. Formal applications for leave v/ithout pay must be submitted in advance and request for such leave must include a statement of the reasons. Applications for leave without pay shall be recommended by the directors of the divisions and forwarded to the Division of Personnel Supervision and Management for final approval. The district managers are responsible for approval of leave without pay in the field service. 2. Where an employee has been granted a period of leave without pay and is not absent for the full period for which he is charged, the difference shall not be allowed on account of subsequent absences. EMPLOYEE TRANSFERRED TO FOREIGN SERVICE Annual and sick leave accumulated by an employee in our domestic serv- ice shall, when he is transferred to the foreign service of the Commission, be credited and applied against the leave accumulation allowable under the foreign service regulations, and he will be charged with any unaccrued leave that may have been advanced. EMPLOYEE TRANSFERRED FROM FOREIGN SERVICE Annual and sick leave accumulated by an employee in our foreign service shall, when he is transferred to the domestic service of the Commission, be credited and applied against the leave accumulation allowable under the domestic service regulations and he will be charged with any unaccrued leave that may have been advanced. ABSENCE WITHOUT LEAVE Employees absent without permission, unless sick or quarantined, may be subjected to the enforcement of leave without pay and a more severe penalty may be imposed on a repetition of the offense. All absences without prior permission, together with the explanation if any, will appear in the employ- ee's record. INTERPRETATION OF LEAVE REGULATIONS All questions regarding the interpretations of leave rules and regulations shall be referred to the Division of Personnel Supervision and Management for decision. o UNIVERSITY OF FLORIDA 3 1262 08484 2730