B-177093, NOV 9, 1972
Highlights
WHOSE EMPLOYMENT IS TEMPORARY. IS ENTITLED TO PAY FOR HOLIDAYS IF HIS COMPENSATION IS FIXED ON A PER ANNUM BASIS RATHER THAN A PER DAY. NICHOLS: THIS WILL REFER TO YOUR LETTER OF SEPTEMBER 5. STANFEL WAS APPOINTED ON JUNE 5. STANFEL IS NOT ENTITLED TO PAY FOR THE JULY 4. 1972 HOLIDAY BECAUSE HIS EMPLOYMENT WAS TEMPORARY. GEN. 177 (1952) THAT TEMPORARY EMPLOYEES AS THEREIN DEFINED WERE NOT "REGULAR" EMPLOYEES WITHIN THE MEANING OF THE BASIC HOLIDAY STATUTE. WE HELD THAT THE HOLIDAY STATUTE CITED ABOVE APPLIED ONLY TO REGULAR EMPLOYEES WHOSE COMPENSATION IS FIXED ON A RATE PER DAY. HAD NO APPLICATION TO EMPLOYEES WHOSE COMPENSATION IS FIXED ON A PER ANNUM BASIS. STANFEL OCCUPIED A POSITION IN THE GENERAL SCHEDULE FOR WHICH A PER ANNUM SALARY RATE IS PRESCRIBED.
B-177093, NOV 9, 1972
CIVILIAN PERSONNEL - HOLIDAY PAY - TEMPORARY EMPLOYMENT DECISION ALLOWING PAYMENT OF A VOUCHER IN FAVOR OF LARRY E. STANFEL, FOR BASIC PAY FOR THE 4TH OF JULY HOLIDAY, 1972, ON WHICH HE PERFORMED NO WORK. AN EMPLOYEE, WHOSE EMPLOYMENT IS TEMPORARY, IS ENTITLED TO PAY FOR HOLIDAYS IF HIS COMPENSATION IS FIXED ON A PER ANNUM BASIS RATHER THAN A PER DAY, PER HOUR, OR PIECEWORK BASIS. SEE 25 COMP. GEN. 877 (1946).
TO LT. CMDR. E. H. NICHOLS:
THIS WILL REFER TO YOUR LETTER OF SEPTEMBER 5, 1972 (REFERENCE DCRT FA), BY WHICH YOU REQUEST OUR DECISION AS TO THE LEGALITY OF PAYMENT OF A VOUCHER IN FAVOR OF MR. LARRY E. STANFEL FOR BASIC PAY FOR THE 4TH OF JULY HOLIDAY, 1972, ON WHICH HE PERFORMED NO WORK.
THE RECORD SHOWS THAT MR. STANFEL WAS APPOINTED ON JUNE 5, 1972, FOR A TEMPORARY PERIOD NOT TO EXCEED AUGUST 31, 1972, TO THE POSITION OF OPERATIONS RESEARCH ANALYST, GS-13, STEP 6, AT THE PER ANNUM SALARY RATE OF $21,862.
YOUR LETTER STATES YOUR BELIEF THAT MR. STANFEL IS NOT ENTITLED TO PAY FOR THE JULY 4, 1972 HOLIDAY BECAUSE HIS EMPLOYMENT WAS TEMPORARY, CITING SUBSECTION S3-2C(3)(B) OF BOOK 610, FEDERAL PERSONNEL MANUAL SUPPLEMENT 990-2, AS AUTHORITY FOR YOUR POSITION.
THIS OFFICE CONSTRUED A SIMILAR REGULATION IMPLEMENTING PUBLIC LAW 395, APPROVED JUNE 11, 1954, 68 STAT. 249, NOW CODIFIED AT SECTION 6104, TITLE 5, U.S.C.IN 34 COMP. GEN. 235 (1954). THAT DECISION, IN EFFECT, RESTATED OUR DECISION IN 32 COMP. GEN. 177 (1952) THAT TEMPORARY EMPLOYEES AS THEREIN DEFINED WERE NOT "REGULAR" EMPLOYEES WITHIN THE MEANING OF THE BASIC HOLIDAY STATUTE, PUBLIC RESOLUTION 127 OF JUNE 29, 1938, 52 STAT. 1246, 5 U.S.C. 6104 SUPRA.
HOWEVER, IN OUR DECISION 25 COMP. GEN. 877, 878 (1946), WE HELD THAT THE HOLIDAY STATUTE CITED ABOVE APPLIED ONLY TO REGULAR EMPLOYEES WHOSE COMPENSATION IS FIXED ON A RATE PER DAY, PER HOUR, OR ON A PIECEWORK BASIS, AND HAD NO APPLICATION TO EMPLOYEES WHOSE COMPENSATION IS FIXED ON A PER ANNUM BASIS. SEE ALSO 19 COMP. GEN. 337, 339 (1939); 31 COMP. GEN. 565 (1952); AND 32 COMP. GEN. 304 (1952).
SINCE MR. STANFEL OCCUPIED A POSITION IN THE GENERAL SCHEDULE FOR WHICH A PER ANNUM SALARY RATE IS PRESCRIBED, THE REGULATION YOU HAVE CITED IS NOT APPLICABLE AND HE IS ENTITLED TO PAY FOR THE JULY 4 HOLIDAY.
THE VOUCHER, WITH ATTACHMENTS, IS RETURNED HEREWITH AND MAY BE PROCESSED FOR PAYMENT IF OTHERWISE CORRECT.