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Rh one base-pay period for each respective grade, 2 Comp. Gen. 85, 88, 113, and 406.

Chief Boatswain George R. Marks has rank corresponding to second lieutenant in the Army and is entitled to the pay of the first period, only. The law having expressly limited his base pay to that period, the fact that he has received a certificate of creditability after six years' commissioned service, does not confer on him right to the pay of the second period as provided in section 1 of the act of June 10, 1922, for commissioned warrant officers of the regular service with creditable records after six years' commissioned service.

Accordingly, you are advised that Chief Boatswain George R. Marks, United States Naval Reserve Force, is not entitled to the pay of a commissioned warrant officer on the active list with creditable record after six years' commissioned service, as provided in section 1 of the act of June 10, 1922, 42 Stat. 627.

An employee of the Postal Service who has been absent without pay for less than one year due to illness may be granted, at the beginning of a new fiscal year, the full annual leave for the new fiscal year with pay, and also all sick leave accrued and unused for the three -year period as provided in the act of June 19, 1922, 42 Stat. 660, provided he is not in receipt of disability compensation at that time; an employee receiving disability compensation can not suspend or waive such compensation in order to receive his regular compensation for such annual and sick leave.

Comptroller General McCarl to the Postmaster General, July 1, 1924:

I have your letter of June 13, 1924, requesting decision of three questions as follows:

1. A regular employee is absent from duty because of illness in a nonpay status from April 1st of one year to January 1st of the next succeeding year: Is this employee entitled to the full 10 days sick leave of absence with pay accruing for the new fiscal year to be granted immediately on the commencement of the new fiscal year, or will the employee only be entitled to sick leave for that fiscal year upon his resumption of service, and will he be entitled to the full 10 days, or entitled to only a pro rata of 10 days from January 1st to June 30th next succeeding?

2. In the same circumstances of absence, as indicated in No. 1, would the employee be entitled to full 15 days annual leave of absence with pay commencing from July 1st, or would he be entitled to full 15 days leave of absence with pay on his resumption of service January 1st, or would he only be entitled to a pro rata of 14 days from January 1st to June 30th next succeeding?

3. In the case of a regular employee disabled in the performance of his duty and under compensation by the United States Employees' Compensation Commission, who is absent from duty because of such disability from July 1st to June 30th next suceedingsucceeing [sic], would he be entitled to receive the full 15 days annual leave of absence with pay and the 10 days sick leave of absence with pay that otherwise would have accrued and been allowable were he able to perform service and on duty during that period?