The Washington times., 1924-12-11
1900 MEN
Affected
BY THIS
RULING
immediate Appeal to Comp
troIIer McCarI to Change
Decision Planned

Twenty-Five, hundred per diem
employees Of the District govern
n1ent today were deprived of their
fifteen days annual leave with
pay by order Of the District Com
missioners. The Commissioners
were compelled to do this through
ruling by J. r. McCarl, Comp
troller General of the United
States.
An immediate appeal to McCarl
will be made for the Commits
sioners by Daniel ]. Donovan,
District Auditor. Failing, the
Commissioners will seek special
legislation from Congress.
Ruled In Specific Case.
Comptroller McCarl made his rul-
ing on the case of A. c. olivar,
clerk in the office Of the Water
Registrar of the District, who ap-
pealed to the Commissioners FOR
sick leave. McCarl ruled he was
not entitled to leave of any kind.
The decision of McCarl classes
$500 District per diem men as TEN
porarys' employees. McCarl states
that the law does not allow leave
with pay for these employees, despite
the fact that a majority of these
men have been employed at the
same job for many years, one forty
years.
The appeal will be taken by
Donovan on the ground that while
McCarl may be right in the matter
OF law he is wrong in a matter
of fact in declaring these employees
temporarily hired He win point
out that the Commissioners policy
has been to grant leave with pay
only to men who have been at
dheir posts continuously for ten
months or more.
Men Disappointed.
News of McCarPs decision
brought disappointment to the hun.
dreds of per diem men, most OF
whom had been saving up their
leave to use during the Christmas
holidays. They cannot now talxe
leave without losing pay for the
time off.
The Commissioners original order
granting leave to per diem en-
ployes, who had been in service
continuously for ten months or
more, was issued in 1921. The
order at the time was based on an
act OF Congress. Since then. every
per diem employe has been given
ffteen days annual leave with nav. !
In September, last. Oliver made
his application for sick leave. He
sent the following letter to the
commissioners which was forwarded
to McCarl:
4 am employed as clerk in. the
office OF the Water Registrar, En-
gineer Department, District Of
columbia. at an annual compensa.
ton Of 1880 and have Occupied
my present position for over five
years. The personnel Classification
board classified the position T. am
ruling under CAF-2, Bureau No.
1926, and P. c. B., No. 26S.
On August 80. 1894, | was con
fined to my home throush illness..
On August 80, 1924, / returned 70
outy ana filled out the prescribed
application for sick leave with pay
Tor the absence on August 20. NV
application was disallowed on the
ground that the position I occupy
does not entitle me to sick leave
with pay, this Notwithstanding the
fact that other employees in the
same office, working under the
same classification are granted sick
leave with pay. T
No Law for Discrimination.
Il can find no authority of law
for this discrimination, and there.
fore, respectfully request a ruling
from you as to whether holding ire
position that do, am, under the
law, entitled to sick leave with pay
in the discretion of the appropriate
administrative officer"
Comptroller McCarI ruled that
Oliver was not entitled either TO
annual or,xsick leave.
The Commissioners order TODAY
affects laborers, mechanics ana
other per diem employees Of the Dis.
trict government who are EMPLOYED
under provisions Of the law author.
izing temporary services.