IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the seal of the United States to be affixed.

Done at the City of Washington this 12th day of December in the year

of our Lord one thousand nine [SEAL] hundred and forty-four, and of the Independence of the United States of America the one hundred and sixty-ninth.

FRANKLIN D ROOSEVELT

By the President:
E. R. STETTINIUS, Jr.,

Secretary of State.

PROCLAMATION 2634 EMERGENCY BOARD, SEABOARD AIR LINE

RAILWAY-EMPLOYEES

WHEREAS, the President, having been duly notified by the National Mediation Board that a dispute between the Seaboard Air Line Railway, a carrier, and certain of its employees represented by the following labor organization:

Brotherhood of Locomotive Firemen and Enginemen

which dispute has not heretofore been adjusted under the provisions of the Railway Labor Act, amended, now threatens substantially to interrupt interstate commerce within the States of Virginia, North Carolina, South Carolina, Georgia, Alabama and Florida to a degree such as to deprive that section of the country of essential transportation service;

NOW, THEREFORE, I, FRANKLIN D. ROOSEVELT, President of the United States of America, by virtue of the power vested in me by the Constitution and laws of the United States, and by virtue

of and under the authority in me vested by Section 10 of the Railway Labor Act, amended, do hereby create a board to be composed of three persons not pecuniarily or otherwise interested in any organization of railway employees or any carrier, to investigate the aforementioned dispute and report its findings to me within thirty days from this date.

The members of this board shall be compensated for and on account of such duties in the sum of seventy-five dollars ($75.00) for every day actually employed with or upon account of travels and duties incident to such board. The members will be reimbursed for and they are hereby authorized to make expenditures for expenses for themselves and of the board, including transportation expenses, and in conformity with Public No. 373— 78th Congress, approved June 28, 1944, not to exceed six dollars ($6.00) per diem in lieu of subsistence while so employed.

All expenditures of the Board shall be allowed and paid for out of the appropriation "Arbitration and Emergency Boards, National Mediation Board, 1945" on the presentation of itemized vouchers properly approved by the chairman of the board hereby created.

IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the seal of the United States to be affixed.

Done at the City of Washington this 14th day of December in the year of our Lord one thousand nine hun[SEAL] dred and forty-four, and of the Independence of the United States of America the one hundred and sixty-ninth.

FRANKLIN D ROOSEVELT

By the President:

E. R. STETTINIUS, Jr.,

Secretary of State.

EXECUTIVE ORDER 9413

ESTABLISHING A SPECIAL EMERGENCY BOARD TO REPORT ON THE CLAIMS FOR WAGE ADJUSTMENTS OF NON-OPERATING RAILWAY EMPLOYEES

WHEREAS a Special Emergency Board was appointed by me on October 16, 1943, to consider claims for wage adjustments of non-operating railway employees, and

WHEREAS the Economic Stabilization Director on November 4, 1943, entered an order authorizing the wage adjustments recommended by said Special Emergency Board to become effective on November 19, 1943, and

WHEREAS the non-operating railway employees' organizations in the first instance refused to accept the recommendations of said Special Emergency Board and invoked the services of the National Mediation Board to enjoin the carriers from putting the recommendations into effect, and

WHEREAS the non-operating railway employees' organizations on December 27, 1943, announced that they had abandoned their objections to the recommendations of said Special Emergency Board, but asserted additional claims with respect to payments for or in lieu of overtime after forty hours per week, particularly in view of the wage adjustments recently granted to railway operating employees on account of similar and other claims; and

WHEREAS the carriers and the nonoperating railway employees have not been able to reach an agreement with respect to such additional claims of the non-operating railway employees;

NOW, THEREFORE, by virtue of the authority vested in me by the Constitution and Statutes, and particularly by the First War Powers Act, 1941, the Railway Labor Act and the Stabilization Act of October 2, 1942, as President of the United States and Commander-in-Chief of the Army and Navy, it is hereby ordered as follows:

1. There is hereby established a Special Emergency Board of three members

to be selected by me from the National Railway Labor Panel to consider the unsettled claims for wage adjustments of the non-operating railway employees, and to recommend to me such wage adjustments, if any, as should be made within the limitations of the Act of October 2, 1942, and the Executive Orders thereunder.

2. The parties before the Special Emergency Board shall be the same as those included within the recommendations of the Emergency Board appointed by me on October 16, 1943.

3. The Special Emergency Board shall report to me as soon as practicable, but not later than 30 days after the date of this Order. Copies of the report shall be filed at the same time with the Economic Stabilization Director, the National War Labor Board and the Commissioner of Internal Revenue.

The recommendations of the Special Emergency Board in regard to proposed changes affecting wage and salary payments shall become effective fifteen days after the date of the filing of its report with me, unless and except to the extent the Economic Stabilization Director otherwise directs.

FRANKLIN D ROOSEVELT

THE WHITE HOUSE,

January 4, 1944.

EXECUTIVE ORDER 9414 REGULATIONS RELATING TO ANNUAL AND SICK LEAVE OF GOVERNMENT EMPLOYEES

By virtue of and pursuant to the authority vested in me by section 7 of the act of March 14, 1936, entitled "An Act to provide for vacations to Government employees, and for other purposes" (49 Stat. 1161), as amended by the act of December 17, 1942 (c. 737, 56 Stat. 1052), and by section 7 of the act of March 14, 1936, entitled "An Act to standardize sick leave and extend it to all civilian employees" (49 Stat. 1162), as amended by the act of March 2, 1940, entitled "An Act to amend the Annual and Sick Leave Acts of March 14, 1936" (54 Stat. 38), I

hereby prescribe the following regulations governing the granting of Annual and Sick leave to civilian officers and employees of the United States, the District of Columbia, and all corporations included within the provisions of the said acts of March 14, 1936, except as provided by Part VI hereof 1:

PART I-DEFINITIONS

SECTION 1.1 As used in these regulations:

(a) "Employee" and "employees" include officer and officers, respectively.

(b) "Permanent employees" are those appointed without limitation as to length of service or for definite periods in excess of one year, or for the duration of the present war and for six months thereafter.

(c) "Temporary employees" are those appointed for definite periods of time not exceeding one year.

(d) "Indefinite employees" are those appointed for the "duration of the job" and those who, although paid only when actually employed, are continuously employed or required to be available for duty for a period of not less than one month, as distinguished from part-time or intermittent employees.

(e) "Accumulated leave" means the unused leave remaining to the credit of the employee at the close of any calendar year.

(f) "Court leave" means leave for attending court as a witness on behalf of the United States or the government of the District of Columbia, or for jury duty.

a

(g) "Break in service" means separation from the Federal service for a period of thirty or more calendar days. (h) "Medical certificate" means written statement signed by a registered practicing physician or other practitioner, certifying to the period of disability of the patient while he was undergoing professional treatment, or to the time of dental or optical treatments, or medical examination.

(i) "Month of service" means a period of thirty consecutive calendar days.

(j) "Terminal leave" means the period between the last day of duty and the expiration of annual leave.

1 Codified in Title 5, Part 54, infra.

PART II-ANNUAL LEAVE

ACCRUAL OF ANNUAL LEAVE SECTION 2.1 Annual leave shall be credited to employees as follows:

(a) Permanent employees shall be credited with leave at the rate of two days per calendar month plus an additional 1⁄2 day in March, June, September, and December to employees who were continuously employed for the entire quarter-year ending in such months; or, a credit of 26 days may be given at the beginning of the calendar year in which it accrues in lieu of the monthly credit: Provided, that should an employee separate from the service before the expiration of the calendar year such credit will be reduced proportionately. The minimum credit for leave shall be the hourly equivalent of 1⁄2 day, and additional credits shall be in multiples thereof.

(b) Temporary employees shall be credited with leave of 22 days for each month of service. After the first month of service such leave may be credited at the beginning of the month in which it

accrues.

(c) Indefinite employees shall be credited with leave of two days for each month of service plus an additional 2 day when the service aggregates three months.

SECTION 2.2 Accumulated annual leave may be carried forward for use in succeeding years until it totals not exceeding 60 days: Provided, that during the period of the present emergency 30 days additional leave may be accumulated: Provided further, that when accumulated leave equals or exceeds 60 days, further increase in accumulated leave shall be limited to 15 days in any succeeding year.

GRANT OF ANNUAL LEAVE

SECTION 2.3 Annual leave shall be granted to an employee on his request at such times as the heads of the departments and agencies may prescribe. Employees during their first year of service shall not be granted leave in excess of the amount accrued to their credit. The minimum charge for annual leave shall be one hour, and additional leave shall be charged in multiples of one hour.

SECTION 2.4 An employee who is to be separated from the service shall be entitled to the unused annual leave stand

ing to his credit, and the date of his separation shall be so fixed as to permit him to take such leave, and in no case, whether the separation be voluntary or involuntary, shall the separation become effective on a date prior to the date of termination of such leave: Provided, that an employee who elects to forfeit the leave standing to his credit may do so by filing a written notice to such effect.

SECTION 2.5 When an employee is absent from duty and in attendance in court as a witness in behalf of the United States or the Government of the District of Columbia, or for jury duty in any State court or court of the United States, the absence from duty shall not be charged against annual leave but should be recorded as "court leave".

SECTION 3.3 Sick leave shall be granted to employees when they are incapacitated for the performance of their duties by sickness, injury, or pregnancy and confinement, or for medical, dental or optical examination or treatment, or when a member of the immediate family of the employee is afflicted with a contagious disease and requires the care and attendance of the employee, or when, through exposure to contagious disease, the presence of the employee at his post of duty would jeopardize the health of others. The minimum charge for sick leave shall be one hour, and additional leave shall be charged in multiples of one hour.

SECTION 3.4 An employee who is absent on account of sickness shall notify his supervisor as early as practicable on the first day of such absence, or as soon thereafter as possible. Failure to give such notice may result in the absence being charged to annual leave or leave without pay, as the circumstances may justify. Requests for sick leave for medical, dental, or optical examination or treatment shall be submitted for approval prior to the beginning of the leave.

SECTION 3.5 Written application on the prescribed form for grant of sick leave shall be filed within two days after the employee returns to duty. For periods of absence in excess of 3 work days the application must be supported by a medical certificate. Such certificate shall be filed within 15 days after return to duty: Provided, that when a medical certificate cannot reasonably be obtained, a certificate of the employee relating the facts incident to the illness may be accepted. All applications for sick leave for medical, dental, or optical examination or treatment shall be supported by a medical certificate.

SECTION 3.6 When sickness occurs within a period of annual leave and lasts in excess of 5 work days, the period of illness may be charged as sick leave and the charge against annual leave reduced accordingly. Application for such substitution of sick leave for annual leave shall be made within two days after return to duty and shall be supported by a medical certificate.'

SECTION 3.7 Sick leave may not be granted for a period immediately following a period of absence in a non-pay status, unless and until there is a return to actual duty, nor may such leave without pay be converted to sick leave.

ADVANCE OF SICK LEAVE

SECTION 3.8 In cases of serious disability or ailments, and when the exigencies of the situation so require, sick leave may be advanced to permanent and indefinite employees not in excess of 30 days: Provided, that no advances of sick leave shall be made to any employee unless the absence from duty on account of illness is for a period, or periods, of 5 or more consecutive work days; that every application for advance leave shall be supported by a medical certificate; that the total of such advances shall be charged against sick leave subsequently credited. Sick leave may be advanced

irrespective of whether the employee has annual leave to his credit.

SECTION 3.9 Sick leave shall not be advanced to an employee holding a limited appointment, or one expiring on a specified date, in excess of the total sick leave that would accrue during the remaining period of such appointment.

PART IV-GENERAL PROVISIONS SECTION 4.1

(a) Leave shall be credited in units of hours on the basis of the established work day. Fractional parts of an hour that equal or exceed 2 hour shall be counted as one hour and fractions of less than 2 hour shall be disregarded.

(b) Whenever the number of hours of duty in an employee's work day is permanently changed the leave standing to his credit shall be converted to the proper number of hours based upon the new work day.

(c) The accumulated leave of each employee, as of December 31, 1943, shall be converted from days-hours-minutes to units of hours. Fractional parts of an hour that equal or exceed 1⁄2 hour shall be counted as one hour and fractions of less than 1/2 hour shall be disregarded.

SECTION 4.2

(a) Leave shall accrue to an employee while in a leave-with-pay status providing he returns to duty.

(b) Annual leave shall not accrue to an employee while on terminal leave, whether by separation, furlough, or resignation. In such cases the accrual of leave shall cease at the close of the last day on which he was present for duty, and the final date of separation shall not be extended by the granting of sick or court leave: Provided, that this subsection shall not apply to employees who are on terminal leave on the date of issuance of this order.

SECTION 4.3 Whenever a permanent employee is absent on leave without pay 15 or more days during a calendar year, the credits for annual leave shall be reduced one day and for sick leave onehalf day for each such period aggregating 15 days. Whenever such absences total 90 days there shall be a further reduction of 2 day in annual leave credits for each such period: Provided, that when an employee absent because of injury received in line of duty re

quests to be carried on leave-withoutpay, he shall, upon his return to duty, receive credit for accrued leave covering the period for which he was paid disability compensation by the Employees' Compensation Commission.

SECTION 4.4 Leave shall not accrue during any period of suspension for disciplinary reasons which is in excess of three days.

SECTION 4.5 Leave shall be charged only for absence upon days which an employee would otherwise work and receive pay and shall be exclusive of Sundays which do not occur within a regular tour of duty, holidays, and all non-work days established by Federal statute or by Executive or administrative order: Provided, that when a holiday is declared by general administrative order to be a work day. an employee who absents himself from work without permission on that day shall be subject to a deduction of one day's pay.

SECTION 4.6 Unavoidable or necessary absence from duty not in excess of thirty minutes, and tardiness, shall be handled administratively by excuse for adequate reasons, or by requiring additional work, or by a charge against overtime previously worked beyond regular hours, or by disciplinary action, or by a charge against annual leave.