A-35191, FEBRUARY 10, 1931, 10 COMP. GEN. 361

A-35191: Feb 10, 1931

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

COMPENSATION - PART-TIME AND FEE-BASIS EMPLOYEES PART-TIME AND FEE-BASIS EMPLOYEES ARE NOT ENTITLED TO THE COMPENSATION ATTACHED TO THEIR POSITIONS DURING THE TIME THEY ARE APPEARING AS WITNESSES AND BEING PAID A FEE THEREFOR. 1931: I HAVE YOUR LETTER OF JANUARY 30. VETERANS' BUREAU IS ALLOWABLE IN ADDITION TO THE FEE NOT TO EXCEED $20.00 PER DAY WHICH MAY BE AUTHORIZED PURSUANT TO THE PROVISIONS OF SECTION 19 OF THE WORLD WAR VETERANS' ACT. WHAT IS THE PROPER CHARGE TO BE MADE AGAINST A PART-TIME EMPLOYEE FOR SERVICES WHICH IT IS NECESSARY TO EMPLOY A THIRD PARTY TO RENDER BY REASON OF THE PART-TIME EMPLOYEE'S ABSENCE? 3. WHETHER A PART-TIME EMPLOYEE WHO HAS BEEN APPOINTED TO RENDER A SPECIFIED NUMBER OF HOURS OF SERVICE PER DAY MAY BE CONSIDERED TO HAVE FULFILLED HIS AGREEMENT BY RENDERING.

A-35191, FEBRUARY 10, 1931, 10 COMP. GEN. 361

COMPENSATION - PART-TIME AND FEE-BASIS EMPLOYEES PART-TIME AND FEE-BASIS EMPLOYEES ARE NOT ENTITLED TO THE COMPENSATION ATTACHED TO THEIR POSITIONS DURING THE TIME THEY ARE APPEARING AS WITNESSES AND BEING PAID A FEE THEREFOR, UNDER THE PROVISIONS OF SECTION 19 OF THE WORLD WAR VETERANS' ACT, AS AMENDED BY THE ACT OF JULY 3, 1930, 46 STAT. 992. A PART-TIME EMPLOYEE SHOULD BE CHARGED THE PROPORTIONATE SHARE OF HIS SALARY ON THE BASIS OF HIS ABSENCE FROM HIS DUTY STATION. A PART-TIME EMPLOYEE APPOINTED TO RENDER A SPECIFIED NUMBER OF HOURS OF SERVICE PER DAY CAN ONLY FULFILL HIS AGREEMENT BY RENDERING THE SPECIFIED NUMBER OF HOURS OF SERVICE ON EACH DAY OF SERVICE.

COMPTROLLER GENERAL MCCARL TO THE ADMINISTRATOR OF VETERANS' AFFAIRS, FEBRUARY 10, 1931:

I HAVE YOUR LETTER OF JANUARY 30, 1931, REQUESTING DECISION ON THREE QUESTIONS STATED AS FOLLOWS:

1. WHETHER THE SALARY OF PART-TIME AND FEE-BASIS EMPLOYEES OF THE U.S. VETERANS' BUREAU IS ALLOWABLE IN ADDITION TO THE FEE NOT TO EXCEED $20.00 PER DAY WHICH MAY BE AUTHORIZED PURSUANT TO THE PROVISIONS OF SECTION 19 OF THE WORLD WAR VETERANS' ACT, AS AMENDED JULY 3, 1930.

THE APPLICABLE PORTION OF SECTION 19 OF THE ACT READS AS FOLLOWS:

"PART-TIME AND FEE-BASIS EMPLOYEES OF THE BUREAU, IN ADDITION TO THEIR REGULAR TRAVEL AND SUBSISTENCE ALLOWANCE, WHEN ORDERED IN WRITING BY THE DIRECTOR, TO APPEAR AS A WITNESS IN SUITS UNDER THIS SECTION, MAY BE ALLOWED, WITHIN THE DISCRETION AND UNDER WRITTEN ORDERS OF THE DIRECTOR, A FEE IN AN AMOUNT NOT TO EXCEED $20.00 PER DAY.'

2. WHAT IS THE PROPER CHARGE TO BE MADE AGAINST A PART-TIME EMPLOYEE FOR SERVICES WHICH IT IS NECESSARY TO EMPLOY A THIRD PARTY TO RENDER BY REASON OF THE PART-TIME EMPLOYEE'S ABSENCE?

3. WHETHER A PART-TIME EMPLOYEE WHO HAS BEEN APPOINTED TO RENDER A SPECIFIED NUMBER OF HOURS OF SERVICE PER DAY MAY BE CONSIDERED TO HAVE FULFILLED HIS AGREEMENT BY RENDERING, DURING A DESIGNATED PERIOD, SUCH AS A WEEK OR A MONTH, THE AGGREGATE NUMBER OF HOURS OF SERVICES WHICH HE WOULD BE REQUIRED TO RENDER DURING SUCH PERIOD OF TIME AT INTERVALS OTHER THAN THE SPECIFIED NUMBER OF HOURS EACH DAY, IN CASE IT BE ADMINISTRATIVELY DETERMINED THAT SUCH AN ARRANGEMENT DOES NOT WORK TO THE DISADVANTAGE OF THE GOVERNMENT.

1. AS TO PART-TIME EMPLOYEES, SINCE THEY WILL NOT BE AVAILABLE TO RENDER THE PART-TIME SERVICE DURING SUCH PERIODS AS THEY ARE APPEARING AS WITNESSES, SO THAT IF ANY SERVICE SHOULD BE REQUIRED TO BE RENDERED BY THEM IT WOULD BE NECESSARY TO EMPLOY A SUBSTITUTE, AS INDICATED IN THE SECOND QUESTION, THEIR PART-TIME COMPENSATION SHOULD BE REDUCED ACCORDINGLY. THAT IS TO SAY, THEY WOULD NOT BE ENTITLED TO SALARY WHEN ABSENT TO APPEAR AS WITNESSES IN SUITS.

IN THE CASE OF FEE-BASIS EMPLOYEES, SINCE THEIR RIGHT TO THE FEE FOR SERVICES UNDER THEIR FEE-BASIS EMPLOYMENT IS DEPENDENT ON THE ACTUAL RENDITION OF THE SERVICE CALLED FOR BY THE FEE IN ANY GIVEN CASE, IT WOULD SEEM, AS STATED BY YOU, THAT NO DIFFICULTY WOULD ARISE SINCE NO SERVICE WILL BE AUTHORIZED AT THE TIME THE FEE-BASIS EMPLOYEE IS SERVING AS A WITNESS. ACCORDINGLY, QUESTION 1 IS ANSWERED IN THE NEGATIVE.

2. IT IS ASSUMED THAT AN ADMINISTRATIVE CHECK IS KEPT ON THE FREQUENCY OF ABSENCE OF EACH PART-TIME PHYSICIAN AND ON THE COST OF EMPLOYING A SUBSTITUTE TO PERFORM THE SERVICE IN HIS ABSENCE AND THAT IF THE COST SUBSTANTIALLY EXCEEDS THE AMOUNT OF THE PART-TIME PHYSICIAN'S SALARY THE SITUATION WILL BE CORRECTED EITHER BY THE EMPLOYMENT OF A DIFFERENT PART- TIME PHYSICIAN OR BY PUTTING THE EMPLOYEE ON A FEE-BASIS. IF SUCH IS THE PRACTICE, IT WOULD BE PROPER TO CHARGE THE PART-TIME PHYSICIAN THE PROPORTIONATE SHARE OF HIS SALARY ON THE BASIS OF HIS ABSENCE FROM HIS DUTY STATION.

3. A PART-TIME EMPLOYEE SHOULD RENDER THE SERVICE REQUIRED BY HIS CONTRACT OF EMPLOYMENT. IF HIS CONTRACT CALLS FOR A CERTAIN NUMBER OF HOURS DAILY IT IS NOT FULFILLED BY THE RENDITION OF A GREATER NUMBER OF HOURS ON SOME DAYS OF A GIVEN PERIOD AND THE RENDITION OF NO SERVICE OR A LESS AMOUNT OF SERVICE ON OTHER DAYS OF THE SAME PERIOD, EVEN THOUGH THE AGGREGATE NUMBER OF HOURS DURING THE PERIOD IS EQUAL TO THE NUMBER OF HOURS OF DAILY SERVICE CALLED FOR BY HIS CONTRACT MULTIPLIED BY THE NUMBER OF DAYS IN THE PERIOD. IF IT IS DESIRED TO PAY PART-TIME EMPLOYEES ON THE BASIS OF AGGREGATE HOURS OF SERVICE DURING A GIVEN PERIOD THEN THEIR CONTRACTS OF EMPLOYMENT SHOULD BE AMENDED ACCORDINGLY. THE THIRD QUESTION IS ANSWERED IN THE NEGATIVE.