B-131457, SEP. 19, 1962
Highlights
THE RECORD SHOWS THAT YOU WERE EMPLOYED AS A CONSULTANT UNDER SECTION 15 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946. WHICH WERE SIGNED BY AN ASSISTANT SECRETARY OF THE NAVY. THE APPLICABLE REGULATIONS OF THE DEPARTMENT OF THE NAVY GOVERNING PERSONAL SERVICE CONTRACTS PROVIDED THAT SUCH CONTRACTS COULD INCORPORATE A PROVISION ENTITLING CONTRACTORS TO HOLIDAY COMPENSATION FOR HOLIDAYS UPON WHICH NO SERVICE WAS PERFORMED. WE SAID THAT A CONSULTANT EMPLOYED ON A FULL-TIME 5-DAY BASIS UNDER A PERSONAL SERVICE CONTRACT NOT CONTAINING A SPECIFIC PROVISION AUTHORIZING HOLIDAY COMPENSATION IS NOT ENTITLED TO SUCH COMPENSATION FOR HOLIDAYS ON WHICH NO WORK IS PERFORMED. HAVE NO APPLICATION TO CONSULTANTS HIRED ON A CONTRACT BASIS UNDER 5 U.S.C. 55A.
B-131457, SEP. 19, 1962
TO MR. THEODORE SPECTOR:
YOUR LETTER OF JULY 12, 1962, REQUESTS FURTHER CONSIDERATION OF CLAIMS DIVISION SETTLEMENT DATED JULY 9, 1962, WHICH DISALLOWED YOUR CLAIM FOR COMPENSATION FOR HOLIDAYS AS A CONTRACT EMPLOYEE OF THE DEPARTMENT OF THE NAVY.
THE RECORD SHOWS THAT YOU WERE EMPLOYED AS A CONSULTANT UNDER SECTION 15 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS AMENDED, 5 U.S.C. 55A, BY THE DEPARTMENT OF THE NAVY. THE PERSONAL SERVICE CONTRACTS, WHICH WERE SIGNED BY AN ASSISTANT SECRETARY OF THE NAVY, COVERED PERIODS OF FROM 1 TO 6 MONTHS DURATION. THOSE CONTRACTS CONTAINED NO PROVISION FOR PAYMENT OF HOLIDAY COMPENSATION TO YOU FOR HOLIDAYS WHEN YOU PERFORMED NO WORK.
THE APPLICABLE REGULATIONS OF THE DEPARTMENT OF THE NAVY GOVERNING PERSONAL SERVICE CONTRACTS PROVIDED THAT SUCH CONTRACTS COULD INCORPORATE A PROVISION ENTITLING CONTRACTORS TO HOLIDAY COMPENSATION FOR HOLIDAYS UPON WHICH NO SERVICE WAS PERFORMED. PREVIOUSLY, IN OUR DECISION 28 COMP. GEN. 727, WE RULED THAT A PROVISION FOR HOLIDAY PAY IN ACCORDANCE WITH THE HOLIDAY PAY STATUTE OF JUNE 29, 1938, 5 U.S.C. 86A, CAN BE INCORPORATED IN CONTRACTS WITH EXPERTS AND CONSULTANTS EMPLOYED UNDER 5 U.S.C. 55A. FURTHER, IN OUR DECISION 36 COMP. GEN. 723, 725, WE SAID THAT A CONSULTANT EMPLOYED ON A FULL-TIME 5-DAY BASIS UNDER A PERSONAL SERVICE CONTRACT NOT CONTAINING A SPECIFIC PROVISION AUTHORIZING HOLIDAY COMPENSATION IS NOT ENTITLED TO SUCH COMPENSATION FOR HOLIDAYS ON WHICH NO WORK IS PERFORMED. ALSO SEE 33 COMP. GEN. 371 TO THE SAME EFFECT. THUS, 25 COMP. GEN. 407, ID. 784, RELATING TO PER DIEM AND FULL-TIME CONTRACT EMPLOYEES, GENERALLY, HAVE NO APPLICATION TO CONSULTANTS HIRED ON A CONTRACT BASIS UNDER 5 U.S.C. 55A.
IN YOUR CASE, AS STATED ABOVE, NO SUCH AFFIRMATIVE PROVISION WAS INCORPORATED IN THE CONTRACTS FOR YOUR SERVICES AS A CONSULTANT. THEREFORE, NO BASIS EXISTS FOR ALLOWING COMPENSATION FOR HOLIDAYS WHEN YOU DID NOT WORK.
IN VIEW OF THE FOREGOING, OUR CLAIMS SETTLEMENT OF JULY 9, 1962, IS AFFIRMED.