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B-182015 1 (1975-02-28)

handle is hein.gao/gaobadcdw0001 and id is 1 raw text is: ( \ THE I OMPTROLLER G 0~C~SION .G OF THE UNITED 17 WASHINGTON. 0. C. L'C-U 4 FILE: DATE: FEB 2 819 MATTER O F: Charles J. Guenther - Administrative leave DIGEST: The denial of administrative leave to an employee for time spent in fighting a local fize outsida of the Government installation was a proper exercise of administrative authority since the Civil Service Commission has not issued general regulations covering the granting of administrative leave, and therefore, each agency has the rezponsibility for determining the situations in which exccusing employees from work without charge to leave Is appropriate. This action is a request by the Acting Chief Counsel of the Federal Aviation Admiristration (iAA), Department of Transportation for a decision as to whether it ls within FAA's authority to grant excused abscnce without charge to annual leave or loss of pay, to an emplcyee while he is cngaged in fire fighting or other rescue a 0er or officer of a volunteer fire department in whose area the Federal facility employing him is located. As a general rule, we render formal decisions only to heads of Departments and afcencies, disbursing and certifying officers and to claimants who hive filed monetary claims with our Office. See 31 U.S.C. 74 and 32d. Uowever, in view of the fact that the problems involved in the instant situation will be of a recurring nature, we are treating the request as if it had been submitted by the Secretary of Transportation uader the broad authority provided in 31 U.S.C. 74. Mr. Custher an employee of the National Aviation Facilities Experimental Center (72AC), located in Atlantic County, New Jersey, in the Townships of gg 1:arbora Calloway and H1aailton, is a member of the all volunteer toinship fire department and since January 1, 1970, the elected fire chief. In such capacity Ir. Cuenther became involved in fighting a house fire in the area of one of the volunteer fire companies, which necessitated the absence of fr. Cuenther from duty at the NAZfC for a period of 8 hours. On return to duty M1r. Cuenther applied for administrative leave, pursuant to the provisions of FAA regulations published in paragraph 71, Order 3600.4, Section J, entitled Emergency Rescue or Protective Work. This regulation provides that eligible employees who can be spared without interference with essential jtb PUBLISIED DECC 64 Comp. . ...........

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