THE SOLICITOR. 811 



LEAVE WITHOUT PAT. 



41. Appointment terminated "without prejudice;" reinstatement. — When 

 an employee has been absent for more than 60 days, and there is no probability of 

 his immediate return to duty, hia appointment may be terminated "without preju- 

 dice." Such employee, however, will be eligible for reinstatement at any time 

 within one year from the date of separation from the service. 



42. Not a right, but a favor. — Leave without pay is not to be considered aa 

 a right. It may be allowed on account of sickness when the regular leave has been 

 exhausted, but otherwise it will be granted only when, in the opinion of the chief 

 of the bureau, the public business will not suffer by the absence and when reason- 

 able cause is shown, such as important business or emergencies of a serious nature. 



43. Applications. — Applications for leave without pay must be filed on the form 

 prescribed by the department and shall be forwarded with recommendation of the 

 chief of the bureau, to the chief clerk of the department for approval. 



44. Deduction of pay for absence in excess op legal limit. — Absence of 

 employees in excess of the legal allowance with pay must be covered by an appli- 

 cation for leave of absence without pay for 1 day or more, as no excess can be per- 

 mitted without a deduction therefor. In the case of a deduction of a day's pay where 

 the employee has not been absent an entire day he may take the balance of the day's 

 time without further deduction, subject to approval by the chief clerk, provided 

 the time is taken in the same year. (See par. 38.) 



45. Basis for deduction from annual and sick allowance. — A proportionate 

 deduction from allowance of both annual and sick leave shall be made at the rate 

 of 1 day for each 12 days, and multiples thereof, of furlough or leave without pay in 

 the current year; and in the case of employees outside of Washington, at the rate of 

 1 day for each 24 days and multiples thereof. 



46. Retroactive deduction from leave. — If absence without pay for 12 days 

 and multiples thereof should occur after leave is exhausted, application for leave with- 

 out pay to modify the excess of leave already taken will be required. 



47. Sunday between sick leave and leave without pay counted. — WTien sick 

 leave expires on (including) Saturday and the employee continues absent, beginning 

 Monday following on leave without pay, the intervening Sunday ia charged with- 

 out pay. 



48. Absence without leave. — Immediate notification must be given to chief 

 clerks of bureaus of all absence from duty for any cause, without leave having been 

 previously asked for and granted. Any employee who is absent without leave for 

 any cause may also be required to explain to his immediate superior, in writing, 

 at the earliest practicable moment, the cause of his absence and of his failure to ask 

 for permission to be absent. If it is found that he was absent upon insufficient cause, 

 or if hid failure to ot>tain permission to be absent is not satisfactorily accounted for, 

 the time lost will be charged to leave without pay, and such further action as may be 

 deemed necessary will be taken. Avoidable or wilLfiU absence without leave is an 

 offense against office discipline. 



employees outside op WASHINGTON, D. 0. 



49. Regulations applicable to field service. — The foregoing regulations are 

 applicable, within legal limits and as far as practicable, to the field and station services 

 connected with this department outside of Washington, D. C. 



50. Leave of absence of employees. — The act making appropriations for the 

 Department of Agriculture, approved May 23, 1908, provides that "The employees 

 of the Department of Agriculture outside of the city of Washington may hereafter, 

 in the discretion of the Secretary of Agriculture, be granted leave of absence not to 

 exceed 15 days in any one year, which leave may in exceptional and meritorious 

 cases, where such an employee is ill, be extended in the discretion of the Secretary 

 of Agriculture, not to exceed 15 days additional in any one year." 



51. Applications. — An employee whose official station is other than Washing- 

 ton, D. C, who may wish to absent himself from duty for more than 5 days will be 

 required to file with his immediate superior an application on form provided by 

 the department, stating the period for which leave oi absence i.-^ desired. Any super- 

 intendent, observer, inspector, chief of a field party, or other supervisory official receiv- 

 ing such an application, will promptly forward the same, with hia recommendation, 

 to the chief of his bureau at Washington, who will at once approve or disapprove the 

 application. Persons not assigned to any station or party will address their applica- 

 tions directly to the chief of their respective bureaua. 



