Executive Order 1888--Providing conditions of employment for the Permanent Force for the Panama CanalSource: The provisions of Executive Order 1888 of Feb. 2, 1914, do not appear in the Federal Register system.
[Secs. 1-19 are obsolete and superseded. See Canal Zone Code of 1963, ch. 7, 76A Stat.]
Leave of Absence of U.S. Citizen Employees
20. What employees entitled to leave privileges under sections 20 to 35. All employees who are United States citizens, with the exception of appointees or employees who are in the military, naval, or public health service of the United States and eligible for the leave benefits provided for those services, shall be entitled to leave privileges under sections 20 to 35 of this order. The term ``employees'' as used in this section shall mean full-time employees and part-time employees for whom there has been established in advance a regular tour of duty during each administrative work week.
[Sec. 20 amended by Canal Zone Order 51 of Feb. 17, 1959, 24 FR 1462, and Canal Zone Order 57 of Oct. 19, 1961]
21. Classes of leave. Leave with pay shall be divided into two classes, namely, annual leave and travel leave; the former to serve both as vacation leave and sick leave. The provisions of sections 20 to 34 of this order, in so far as concerns their application to teachers shall be subject to the special provisions contained in section 35 of this order.
22. Accrual of leave. The leave year shall consist of the period from the beginning of the first complete biweekly pay period in the calendar year to the beginning of the first complete biweekly pay period in the succeeding calendar year. A fulltime employee shall be entitled to 324 hours of annual leave each leave year, which shall accrue at the rate of 12½ hours for each of the first 25 full, biweekly pay periods in the leave year, and 11½ hours for the 26th pay period in such year; and a part-time employee shall be entitled to such annual leave on a pro rata basis: Provided, That leave shall accrue to an employee only while in a pay status. An employee shall be given prorata credit for leave for fractional pay periods occurring within the continuity of employment when his service is interrupted by a period in which no leave is earned.
23. Accumulation of leave. Annual leave accruing to an employee during the leave year and not taken by him before the beginning of the succeeding leave year shall accumulate for use in succeeding leave years until it totals not to exceed 720 hours: Provided, however, That there shall be no limitation on accumulation until the beginning of the 1960 leave year.
For provisions relative to--
(1) Pay or credit for leave of employees ordered to active military or naval duty, see 5 U.S.C. section 61a (1952);
(2) Lump sum payments for leave upon separation from service, see 5 U.S.C. section 61b (Supp. V, 1958);
(3) Payment for leave upon death of employee, see 5 U.S.C. sections 61f to 61k (1952 and Supp. V, 1958); and
(4) Transfer of adjusted leave credit upon transfer to agencies operating under different leave system, see 5 U.S.C. section 2064(e) (Supp. V, 1958).
24. What absences chargeable to leave. Leave shall be charged only for absences during the hours prescribed as the basic work week and no charge shall be made for holidays occurring during such absences: Provided, however, That leave shall be charged for holiday absences in the case of employees assigned to longer than ordinary, regular periods of duty that include substantial amounts of time in a standby status who are paid additional compensation for such service on an annual basis in lieu of other premium pay and where the amount of such additional compensation is determined by taking into account the requirement of holiday work: And provided further, That, in the case of employees assigned a limited number of, or no, regularly scheduled hours of duty whose basic administrative work week is designated as the first forty hours of creditable time, leave shall be charged for all absences (excluding those occurring on holidays that fall within any full administrative work week in which the employee performs no service) by reference to a fixed, supplementary basic work week to be prescribed for that purpose.
25. Granting of leave. The annual leave provided for in sections 20 to 35 of this order, including such leave as will accrue to any employee during the leave year, may be granted at any time during such year as the Governor may prescribe.
26. Separation of employee indebted for unearned leave. In case of the separation of an employee who is indebted for unearned leave, the employee shall refund the amount paid him for such leave, or deduction therefore shall be made from any salary due him: Provided, That this section shall not apply in cases of death or of retirement for disability, or in case an employee is unable to return to duty because of disability, evidence of which is supported by an acceptable medical certificate: And provided further, That employees who enter military or naval service with restoration rights shall not be deemed as separated for the purposes of this section.
27. Overdrawn annual leave. Whenever at the end of the leave year an employee is indebted for unearned leave, the amount of the indebtedness may be carried forward for charge against leave earned in the succeeding leave year.
28. Absences for illness or injury. Absences on account of illness or injury may be charged to leave subject to such regulations as the Governor may prescribe.
29. Travel leave. An employee who, while in a leave-with-pay status, travels to and remains at points outside the tropics for a period of 30 calendar days or more, inclusive of the time required for travel to and from such points, shall be entitled to 40 hours of travel leave with pay. Provided, That such leave shall not be credited to an employee more often than once in any leave year except that, if no travel leave was credited to the employee in the preceding leave year, he may be credited travel leave twice in the current leave year: And provided further, That travel leave shall not be credited unless the employee returns to duty. Travel leave credited prior to January 11, 1958, shall not be taken into account in determining the right to travel leave under this section.
30. Limitation on amount of leave granted. The maximum amount of leave with pay, inclusive of travel leave, which may be granted at any one time shall be 720 hours: Provided, That this limitation may be waived in case of serious illness or disability of an employee, established to the satisfaction of the Governor or such officers as he may designate.
31. Rate of pay for leave. Payment for leave shall be at the same rate as that which the employee would have received had he remained on duty during the period of leave: Provided, however, That in the case of employees subject to the Federal Employees Pay Act of 1945, as amended, the inclusion of night pay differential in such payment shall be subject to the limitations contained in section 301 of that Act, as amended, 5 U.S.C. section 921 (Supp. V, 1958).
32. Reporting from leave. An employee who fails to report from authorized leave within one week after the expiration of such leave shall be subject either to disciplinary action or termination unless it is determined that the delay was not reasonably avoidable and was therefore excusable.
33. Leave without pay. Leave of absence without pay may be granted subject to such regulations as may be prescribed by the Governor.
34. Regulations of Governor. The Governor is granted continuing authority to make such additional regulations, not inconsistent with the provisions of this order, as he shall deem necessary for the completion, operation and administration of the leave system established by this order.
35. Sick or emergency leave of teachers and certain other school employees. Teachers and other employees of the Schools Division who are hired on a 9 or 10 month basis may be granted not more than 15 days of leave with pay during the school year to cover illness or injury, presence of contagious disease or death in the home, or other pressing personal emergency, but shall not be entitled to any other leave with pay. Such leave shall be chargeable only for absence upon days during which the employee would otherwise work and receive pay, shall be exclusive of holidays, and shall be paid for at the rate prescribed in section 31 of this order. Such leave which is unused at the end of a school year shall be accumulated for use in succeeding school years until it totals not to exceed 45 days. Such leave shall be accorded and administered as provided in such regulations, not inconsistent with this section, as may be prescribed by the Governor.
Leave of Absence of Non-U.S. Citizen Employees
36. Leave privileges of non-U.S. citizen employees. The Governor is authorized to provide by regulation for the granting of leave privileges, generally, to employees who are not citizens of the United States: Provided, That the leave accruing to any such employee shall not exceed 208 hours in any one year and that annual leave accruing to an employee during the leave year and not taken by him before the beginning of the succeeding leave year shall accumulate for use in succeeding leave years until it totals not to exceed 460 hours.
[Secs. 20-39 were amended to comprise secs. 20-36 and to read as printed above by Canal Zone Order 51 of Feb. 17, 1959, 24 FR 1462. Secs. 20 and 22 amended by Canal Zone Order 57 of Oct. 19, 1961, 26 FR 10055. Sec. 40 obsolete and superseded.]