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Executive Order 6021 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02) 📜 Art. I §8: Delegated Tariff & Commerce Execution

Executive Order 6021—Sick Leave Regulations

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Thursday, February 9, 1933
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4 min read (828 words)

Executive Brief • At a Glance

⏱️ 4 min read (828 words) • ● In Effect
🎯 Primary Mandate

In pursuance of the provisions of section 215 of Part II, Title II, of the act entitled "AN ACT Making appropriations for the Legislative Branch of the Government for the fiscal year ending June 30, 1933, and for other purposes," approved June 30, 1932, which reads as follows: "Sec. 215.

⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 Art. I §8: Delegated Tariff & Commerce Execution
🏛️ Scope & Affected Sectors
Armed Forces & Military Establishments Merchants, Importers & Commercial Enterprises Executive Departments & Federal Civil Servants Private Citizens & Property Owners

Plain-English Translation & Framers' Constitutional Analysis

Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.

Signed by President Herbert Hoover on February 9, 1933, this order concerns Sick Leave Regulations. In pursuance of the provisions of section 215 of Part II, Title II, of the act entitled "AN ACT Making appropriations for the Legislative Branch of the Government for the fiscal year ending June 30, 1933, and for other purposes," approved June 30, 1932, which reads as follows: "Sec. 215.

Constitutional Assessment: This action represents an orderly exercise of Article II administrative discretion, managing the internal machinery and personnel of the executive branch without abridging the ancient liberties of the people.

Key Directives & Operative Actions

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In pursuance of the provisions of section 215 of Part II, Title II, of the act entitled "AN ACT Making appropriations for the Legislative Branch of the Government for the fiscal year ending June 30, 1933, and for other purposes," approved June 30, 1932, which reads as follows: "Sec. 215.

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Hereafter no civilian officer or employee of the Government who receives annual leave with pay shall be granted annual leave of absence with pay in excess of fifteen days in any one year, excluding Sundays and legal holidays: Provided , That the part unused in any year may be cumulative for any succeeding year: Provided further , That nothing herein shall apply to civilian officers and employees of the Panama Canal located on the Isthmus and who are American citizens or to officers and employees of the Foreign Services of the United States holding official station outside the continental United States: Provided further , That nothing herein shall be construed as affecting the period during which pay may be allowed under existing lawTs for…

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The entire amount of sick leave authorized by law may be granted at one time or fractionally.

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The minimum charge for sick leave shall be one-half day.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Merchants, Importers & Commercial Enterprises 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners 🏛️ Foreign Nations & International Entities
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The Framers' Constitutional Council

1787 Prism

Evaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.

🏛️✅ Zone 1 (Maximum Authority)
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"When the President acts pursuant to an express or implied authorization of Congress, his authority is at its maximum, for it includes all that he possesses in his own right plus all that Congress can delegate."

— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Express or Implied Congressional Authorization
JM

James Madison

Separation of Powers & Legislative Primacy

"The constitutional magistracy was designed not to invent policy, but to be the faithful instrument of the laws passed by the people's representatives." — Speech in the First Congress (1789)

Madison would approve the structural posture of this order. The President acts strictly in subordination to statutory authority granted under Article II, Section 3 ("take Care that the Laws be faithfully executed"). The checks and balances hold firm because the policy origin remains with the legislature.

Madisonian Stance: Concurring (Statutory)
AH

Alexander Hamilton

The Energetic Executive & Unified Command

"The direction of war implies the direction of the common strength; and the power of directing and employing the common strength must be under the direction of the single hand of the Executive." — Federalist No. 74 (1788)

Hamilton would forcefully champion executive discretion here. For foreign entanglements, commerce defense, and national security, deliberative assemblies are too slow and faction-ridden. A unified, energetic Executive exercising swift command is precisely what the Philadelphia Convention intended for national preservation.

Hamiltonian Stance: Supportive of Execution
GM

George Mason

Bill of Rights, Due Process & 10th Amendment

"The president will be surrounded by flatterers and sycophants... and the great powers of the executive will gradually absorb the liberties of the people." — Cato IV (Anti-Federalist, 1787)

The Anti-Federalist prism advises continuous democratic vigilance. Even routine administrative directives aggregate centralized federal power away from town halls and state assemblies toward a distant executive apparatus.

Anti-Federalist Stance: Eternal Vigilance Required
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Five Measurable "Constitutional Friction" Dimensions

An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.

⚖️ Discretionary Twilight Zone
48 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Moderate Friction

Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.

Benchmark: Power of the purse, taxes/tariffs, and rule of law reserved to Congress.
Dimension 2 • Art. II, §1 & §3

Executive Scope & Faithfulness

Low Friction

Exercises standard supervisory executive authority to faithfully execute existing statutes.

Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment

Federalism & State Sovereignty

High Friction

Creates friction with the Tenth Amendment by conditioning state grants, mandating local compliance, or preempting state police powers.

Benchmark: Police powers and un-delegated responsibilities reserved to the States.
Dimension 4 • 5th & 14th Amendments

Due Process & Individual Rights

High Friction

Scrutinized under the Bill of Rights for potential impact on private contracts, property rights, or procedural due process.

Benchmark: Protection of private property, contracts, liberty, and procedural justice.
Dimension 5 • Separation of Powers

Youngstown Jacksonian Tier

Low Friction

The President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.

Benchmark: Express or Implied Congressional Authorization
⚖️ Audit Synthesis

This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.

Weighted composite: Art. I (25%), Art. II (25%), Federalism (15%), Due Process (15%), Youngstown (20%).
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How to read these dimensions: Executive power expands whenever an administration acts without explicit statutory authorization from Congress (Article I), touches upon police powers historically reserved to the states (Tenth Amendment), or limits private rights and property without judicial process. A low friction score indicates strict concordance with enacted law; a high friction score highlights orders testing the limits of presidential discretion.
Total Words
828
4,917 characters
Estimated Read Time
4 min
@ 200 words / min
Flesch-Kincaid
21.8
Post-Graduate Legal
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

In pursuance of the provisions of section 215 of Part II, Title II, of the act entitled "AN ACT Making appropriations for the Legislative Branch of the Government for the fiscal year ending June 30, 1933, and for other purposes," approved June 30, 1932, which reads as follows: "Sec. 215. Hereafter no civilian officer or employee of the Government who receives annual leave with pay shall be granted annual leave of absence with pay in excess of fifteen days in any one year, excluding Sundays and legal holidays: Provided , That the part unused in any year may be cumulative for any succeeding year: Provided further , That nothing herein shall apply to civilian officers and employees of the Panama Canal located on the Isthmus and who are American citizens or to officers and employees of the Foreign Services of the United States holding official station outside the continental United States: Provided further , That nothing herein shall be construed as affecting the period during which pay may be allowed under existing lawTs for so-called sick leave of absence: Provided further , That the so-called sick leave of absence, within the limits now authorized by law, shall be administered under such regulations as the President may prescribe so as to obtain, so far as practicable, uniformity in the various executive departments and independent establishments of the Government." the following regulations are hereby prescribed: (1) Sick leave with pay may be granted to civilian officers and employees by the executive departments and independent establishments of the Government, within the limits now authorized by law, when in meritorious cases such officers and employees are incapacitated from the performance of their duties by sickness or injury; or when some member of the immediate family is afflicted with a contagious disease and requires the care and attendance of such officer or employee, or when, through exposure to contagious disease, presence at his post of duty would jeopardize the health of others. (2) The entire amount of sick leave authorized by law may be granted at one time or fractionally. The minimum charge for sick leave shall be one-half day. The period of sick leave that may be granted in any one leave year shall not exceed 30 days, unless a longer period is specifically conferred by law. (3) Slight illness or indisposition, or absence for the purpose of medical examination, will not be regarded as sufficient reason for the allowance of sick leave. Absence for the purpose of being treated professionally by a dentist or oculist in his office is not allowable as sick leave, but this is not intended to disallow sick leave for detention at home or hospital by illness or disability due to causes as to which a dentist or oculist is qualified to certify. (4) Unless otherwise prescribed by law, sick leave expires at the end of the leave year and is not cumulative and may not be granted at the beginning of the leave year immediately following a period of absence in a nonpay status in the preceding leave year unless and until there has been a return to actual duty in the new leave year. (5) Sundays and holidays within a period of sick leave will be charged as sick leave except when immediately preceding or following a period of sick leave if the officer or employee was in a pay status immediately prior to or following such Sundays or holidays. (6) Notification of absence on account of sickness shall be given as soon as possible on the first day of absence. Application for sick leave must be filed within two days after return to duty. (7) The application for sick leave for periods in excess of two days must be supported by the certificate of a registered practicing physician or other practitioner, except that in remote localities where such certificate can not reasonably be obtained, the applicant's signed statement as to the sickness and the reasons why a certificate is not furnished may be accepted. For periods of two days or less, up to an accumulation of 12 days in any one leave year, the applicant's signed statement on the required form may be accepted. The heads of the departments and establishments are responsible for seeing that the granting of the so-called sick leave, within the limits authorized by law, is made only in those cases where the absence is due to causes for which the so- called sick leave is provided. These regulations shall not be construed as affecting the sick leave of employees in the Postal Service, officers and employees of the Panama Canal located on the Isthmus, the officers and employees of the Foreign Services of the United States holding official station outside the continental United States, or as modifying Executive Order No. 5396, dated July 17, 1930, relating to special leaves of absence to be given disabled veterans in need of medical treatment. HERBERT HOOVER The White House, February 9, 1933.

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Scholarly & Legal Citations

Exec. Order No. 6021 (Feb. 9, 1933), https://executiveordersarchive.org/orders/app-executive-order-6021-sick-leave-regulations.