Thanks all. I should add that in both instances the open seats were operable.
I have seen the pilot upgrade and understand that policy, in this case the seat was unoccupied. I have seen them come on and move someone up as well, that's what I expected to happen based on past experiences.
And yes for clarity it was the working Flight Attendant that was sat, buckled in for take off taxi and landing, in 1A. I heard the other flight attendant ask if the normal Flight Attendant seat was broken and he said no.
Seems pretty risky to do that, if it is against company policy which it sounds like it is. Even if the Gate Agent didn't want to bother with upgrading the someone, I'd assume the FA should be in the proper FA seat for safety. One disgruntled passenger and that gets reported.
Thanks for the insights. I couldnt figure it out but probably a GA just not doing it which they have discretion on from what I am reading.