A-38259, SEPTEMBER 10, 1931, 11 COMP. GEN. 105

A-38259: Sep 10, 1931

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COMPENSATION - THIRTY-FIRST DAY OF MONTH - PART-TIME EMPLOYEES PART-TIME EMPLOYEES WHOSE COMPENSATION IS FIXED ON AN ANNUAL BASIS ARE NOT ENTITLED TO BE PAID FOR SERVICES RENDERED ON THE THIRTY-FIRST DAY OF A MONTH. 1913: I HAVE YOUR LETTER OF AUGUST 21. REQUESTING DECISION AS TO PAYMENT TO PART-TIME EMPLOYEES FOR SERVICES RENDERED ON THE LAST DAY YOU STATE THAT THE CHILDREN'S BUREAU OF YOUR DEPARTMENT HAS ON ITS ROLLS SEVERAL EMPLOYEES WHO ARE SERVING UNDER APPOINTMENTS AT PER ANNUM RATES ON PART-TIME WORK. THE NATURE OF THE WORK BEING SUCH THAT CONTINUOUS FULL- TIME SERVICE IS NOT REQUIRED. ESTABLISHES THE RULES FOR THE DIVISION OF TIME AND COMPUTATION OF PAY OF EMPLOYEES OF THE UNITED STATES WHOSE COMPENSATION IS ON AN ANNUAL OR MONTHLY BASIS.

A-38259, SEPTEMBER 10, 1931, 11 COMP. GEN. 105

COMPENSATION - THIRTY-FIRST DAY OF MONTH - PART-TIME EMPLOYEES PART-TIME EMPLOYEES WHOSE COMPENSATION IS FIXED ON AN ANNUAL BASIS ARE NOT ENTITLED TO BE PAID FOR SERVICES RENDERED ON THE THIRTY-FIRST DAY OF A MONTH.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF LABOR, SEPTEMBER 10, 1913:

I HAVE YOUR LETTER OF AUGUST 21, 1931, REQUESTING DECISION AS TO PAYMENT TO PART-TIME EMPLOYEES FOR SERVICES RENDERED ON THE LAST DAY

YOU STATE THAT THE CHILDREN'S BUREAU OF YOUR DEPARTMENT HAS ON ITS ROLLS SEVERAL EMPLOYEES WHO ARE SERVING UNDER APPOINTMENTS AT PER ANNUM RATES ON PART-TIME WORK, THE NATURE OF THE WORK BEING SUCH THAT CONTINUOUS FULL- TIME SERVICE IS NOT REQUIRED.

SECTION 6 OF THE ACT OF JUNE 30, 1906, 34 STAT. 763, ESTABLISHES THE RULES FOR THE DIVISION OF TIME AND COMPUTATION OF PAY OF EMPLOYEES OF THE UNITED STATES WHOSE COMPENSATION IS ON AN ANNUAL OR MONTHLY BASIS. THE ACT PROVIDES THAT IN MAKING PAYMENTS FOR THE FRACTIONAL PART OF A MONTH, THE DAILY RATE SHALL BE ONE-THIRTIETH OF ONE OF THE 12 EQUAL INSTALLMENTS INTO WHICH THE ANNUAL COMPENSATION IS TO BE DIVIDED AND THAT FOR THE PURPOSE OF COMPUTING COMPENSATION AND FOR COMPUTING TIME FOR SERVICES RENDERED DURING A FRACTIONAL PART OF A MONTH EACH AND EVERY MONTH SHALL BE HELD TO CONSIST OF 30 DAYS WITHOUT REGARD TO THE ACTUAL NUMBER OF DAYS IN ANY CALENDAR MONTH, THUS EXCLUDING THE 31ST DAY OF ANY CALENDAR MONTH AND TREATING FEBRUARY AS IF IT ACTUALLY HAD 30 DAYS. THERE IS NO BASIS FOR APPLYING A DIFFERENT RULE IN CASES WHERE THE EMPLOYEE DOES NOT WORK FULL TIME.

UNDER THE ACT CITED, IT HAS BEEN HELD THAT AN EMPLOYEE ENTERING THE SERVICE ON THE 31ST DAY OF A MONTH IS NOT ENTITLED TO PAY FOR SERVICES RENDERED ON THAT DATE.

YOU ARE ADVISED THAT THE EMPLOYEES REFERRED TO IN YOUR LETTER ARE NOT ENTITLED TO BE PAID FOR SERVICES RENDERED ON THE 31ST DAY OF ANY MONTH.