A-30272, FEBRUARY 10, 1930, 9 COMP. GEN. 350

A-30272: Feb 10, 1930

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COMPENSATION - HOLIDAYS - NAVY YARD EMPLOYEES A PER DIEM EMPLOYEE OF A NAVY YARD IS NOT ENTITLED TO PAY FOR A HOLIDAY WHICH FALLS WITHIN A PERIOD OF LEAVE WITHOUT PAY. A PER DIEM EMPLOYEE OF A NAVY YARD WHO IS ON LEAVE WITHOUT PAY PRECEDING A HOLIDAY AND IN A NONPAY STATUS FOR THE FIRST HALF OF THE DAY FOLLOWING THE HOLIDAY IS NOT ENTITLED TO PAY FOR THE HOLIDAY. 1930: I HAVE YOUR LETTER OF JANUARY 17. AS FOLLOWS: YOU ARE INFORMED THAT JAMES F. WAS ON LEAVE WITHOUT PAY AFTER NOON ON DECEMBER 24. WAS OUT WITHOUT PERMISSION THE MORNING OF DECEMBER 26. YOU ARE ALSO INFORMED THAT THOMAS M. WAS ON LEAVE WITHOUT PAY DECEMBER 24. IT WILL BE NOTED. THAT WHEREAS BOTH OF THE ABOVE-NAMED MEN WERE ON A NONPAY STATUS IMMEDIATELY PRECEDING AND IMMEDIATELY FOLLOWING A HOLIDAY.

A-30272, FEBRUARY 10, 1930, 9 COMP. GEN. 350

COMPENSATION - HOLIDAYS - NAVY YARD EMPLOYEES A PER DIEM EMPLOYEE OF A NAVY YARD IS NOT ENTITLED TO PAY FOR A HOLIDAY WHICH FALLS WITHIN A PERIOD OF LEAVE WITHOUT PAY. A PER DIEM EMPLOYEE OF A NAVY YARD WHO IS ON LEAVE WITHOUT PAY PRECEDING A HOLIDAY AND IN A NONPAY STATUS FOR THE FIRST HALF OF THE DAY FOLLOWING THE HOLIDAY IS NOT ENTITLED TO PAY FOR THE HOLIDAY.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, FEBRUARY 10, 1930:

I HAVE YOUR LETTER OF JANUARY 17, 1930, AS FOLLOWS:

YOU ARE INFORMED THAT JAMES F. STEPHENSON, MACHINIST, EMPLOYED AT THE NAVY YARD, MARE ISLAND, CALIFORNIA, PERFORMED WORK THE MORNING OF DECEMBER 24, 1929, WAS ON LEAVE WITHOUT PAY AFTER NOON ON DECEMBER 24, 1929, WAS OUT WITHOUT PERMISSION THE MORNING OF DECEMBER 26, 1929, BUT REPORTED FOR DUTY AND PERFORMED WORK AFTER NOON OF DECEMBER 26, 1929. YOU ARE ALSO INFORMED THAT THOMAS M. LEEN, HELPER COPPERSMITH, EMPLOYED AT THE ABOVE- MENTIONED NAVY YARD, WAS ON LEAVE WITHOUT PAY DECEMBER 24, 1929, AND THE MORNING OF DECEMBER 26, 1929, BUT REPORTED FOR DUTY AND PERFORMED WORK AFTER NOON ON DECEMBER 26, 1929.

IT WILL BE NOTED, THEREFORE, THAT WHEREAS BOTH OF THE ABOVE-NAMED MEN WERE ON A NONPAY STATUS IMMEDIATELY PRECEDING AND IMMEDIATELY FOLLOWING A HOLIDAY, DECEMBER 25, 1929, IN THE CASE OF JAMES F. STEPHENSON WORK WAS ACTUALLY PERFORMED ON THE DAY PRECEDING AND ON THE DAY FOLLOWING THE SAID HOLIDAY AND IN THE CASE OF THOMAS M. LEEN WORK WAS ACTUALLY PERFORMED ON THE DAY FOLLOWING THE HOLIDAY.

IT IS REQUESTED THAT YOU INFORM THE NAVY DEPARTMENT WHETHER THE ABOVE- NAMED MEN ARE ENTITLED TO PAY FOR DECEMBER 25, 1929, UNDER THE PROVISIONS OF THE JOINT RESOLUTION OF JANUARY 6, 1885 (23 STAT. 516; TITLE 5, SEC. 86, U.S.C.).

AN EMPLOYEE WHO HAS BEEN GRANTED LEAVE WITHOUT PAY FOR A DEFINITE PERIOD MAY BE PRESUMED TO HOLD HIMSELF IN READINESS TO PERFORM SERVICE, IF REQUIRED, AFTER THE TERMINATION OF THE AUTHORIZED LEAVE WITHOUT PAY. THUS IN THE FIRST CASE SUBMITTED BY YOU THE EMPLOYEE WOULD HAVE BEEN ENTITLED TO PAY FOR DECEMBER 25, 1929, IF HE HAD REPORTED FOR DUTY ON THE MORNING OF DECEMBER 26, BY REASON OF THE PRESUMPTION MENTIONED, BUT SAID PRESUMPTION IS REBUTTED BY THE EMPLOYEE'S ABSENTING HIMSELF WITHOUT PERMISSION ON THE MORNING OF DECEMBER 26, AND THEREFORE HE IS NOT ENTITLED TO PAY FOR DECEMBER 25, 1929.

THE ESTABLISHED RULE IS THAT, IN THE ABSENCE OF A STATUTE PROVIDING SPECIFICALLY TO THE CONTRARY, AN EMPLOYEE IN A NONPAY STATUS IMMEDIATELY PRECEDING AND IMMEDIATELY FOLLOWING A HOLIDAY IS NOT ENTITLED TO PAY FOR THE INTERVENING HOLIDAY ON WHICH NO SERVICE IS PERFORMED. THEREFORE, THE EMPLOYEE IN THE SECOND CASE IS NOT ENTITLED TO PAY FOR DECEMBER 25, 1929.