A-38616, OCTOBER 7, 1931, 11 COMP. GEN. 129

A-38616: Oct 7, 1931

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WHO IS OTHERWISE ENTITLED TO SATURDAY HALF HOLIDAY WITH PAY. IS ENTITLED TO PAY FOR THAT PART OF SATURDAY WORKED ON THE BASIS OF A 4-HOUR DAY. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO PAY ADMINISTRATIVELY APPROVED VOUCHER IN THE AMOUNT OF $1.61. DURING WHICH NO WORK WAS PERFORMED. WAS SERVING UNDER A PROBATIONAL APPOINTMENT DATED APRIL 14. THAT HE WAS REGULARLY REQUIRED TO WORK EIGHT HOURS PER DAY (SUNDAYS AND HOLIDAYS EXCEPTED). THAT ON SATURDAYS HE WAS REGULARLY REQUIRED TO WORK FOUR HOURS FROM 8 A.M. THAT IS. IT IS UNDERSTOOD THE EMPLOYEE. WAS NOT ENTITLED TO LEAVE OF ABSENCE WITH PAY. WHO WERE NOT IN A LEAVE STATUS. IT WAS HELD AS FOLLOWS: IF A PER DIEM OR A PER ANNUM EMPLOYEE IS PROPERLY ENTITLED TO THE PART HOLIDAY WITH PAY.

A-38616, OCTOBER 7, 1931, 11 COMP. GEN. 129

SATURDAY HALF HOLIDAYS - LEAVE OF ABSENCE WITHOUT PAY AN ARSENAL EMPLOYEE IN A NONDUTY STATUS THE FIRST PART OF THE FOUR HOURS CONSTITUTING A DAY'S WORK ON SATURDAY, BUT IN A DUTY STATUS AT THE CLOSE OF BUSINESS ON THAT DAY, AND WHO IS OTHERWISE ENTITLED TO SATURDAY HALF HOLIDAY WITH PAY, IS ENTITLED TO PAY FOR THAT PART OF SATURDAY WORKED ON THE BASIS OF A 4-HOUR DAY, EACH HOUR WORKED BEING COMPUTED AS ONE-FOURTH OF A DAY'S PAY.

COMPTROLLER GENERAL MCCARL TO MAJ. R. L. HUBBELL, UNITED STATES ARMY, OCTOBER 7, 1931:

THERE HAS BEEN RECEIVED, THROUGH THE CHIEF OF FINANCE, WAR DEPARTMENT, YOUR LETTER OF SEPTEMBER 3, 1931, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO PAY ADMINISTRATIVELY APPROVED VOUCHER IN THE AMOUNT OF $1.61, LESS RETIREMENT DEDUCTIONS, IN FAVOR OF JAMES BUNNER, LABORER, EMPLOYED UNDER THE ORDNANCE DEPARTMENT, RARITAN ARSENAL, N.J., BEING AN ADDITIONAL 3 1/2 HOURS' PAY FOR SATURDAY, AUGUST 8, 1931, DURING WHICH NO WORK WAS PERFORMED, HE HAVING BEEN PAID ON THE REGULAR PAY ROLLS $1.61, LESS RETIREMENT DEDUCTIONS, FOR 3 1/2 HOURS' WORK PERFORMED ON THAT DAY, BASED ON A REGULAR WORKING DAY OF EIGHT HOURS.

THE ADMINISTRATIVE REPORT OF SEPTEMBER 29, 1931, RECEIVED FROM THE CHIEF OF FINANCE, DISCLOSES THAT THIS EMPLOYEE ON AUGUST 8, 1931, WAS SERVING UNDER A PROBATIONAL APPOINTMENT DATED APRIL 14, 1931, AS LABORER, UNSKILLED, AT $3.68 PER DIEM; THAT HE WAS REGULARLY REQUIRED TO WORK EIGHT HOURS PER DAY (SUNDAYS AND HOLIDAYS EXCEPTED); THAT ON SATURDAYS HE WAS REGULARLY REQUIRED TO WORK FOUR HOURS FROM 8 A.M. TO 12 NOON; THAT ON THE SATURDAY IN QUESTION HE REPORTED FOR WORK ONE HALF HOUR LATE, THAT IS, AT 8:30 INSTEAD OF 8 A.M. ON ACCOUNT OF DELAY IN TRANSPORTATION; AND THAT THE ESTABLISHMENT AT WHICH THE EMPLOYEE WORKED CLOSED AT NOON ON ACCOUNT OF THE OPERATION OF SATURDAY HALF HOLIDAY. IT IS UNDERSTOOD THE EMPLOYEE, ON THE DAY IN QUESTION, WAS NOT ENTITLED TO LEAVE OF ABSENCE WITH PAY.

IN DECISION OF SEPTEMBER 29, 1931, A-38695, 11 COMP. GEN. 119, TO THE SECRETARY OF THE NAVY, CONSIDERING EMPLOYEES UNDER THE NAVAL ESTABLISHMENT, WHO WERE NOT IN A LEAVE STATUS, AFTER QUOTING A PORTION OF THE ACT OF MARCH 3, 1931, 46 STAT. 1482, AND CITING THE OPINION OF THE ATTORNEY GENERAL, DATED MARCH 17, 1931, AND JUNE 25, 1931, IT WAS HELD AS FOLLOWS:

IF A PER DIEM OR A PER ANNUM EMPLOYEE IS PROPERLY ENTITLED TO THE PART HOLIDAY WITH PAY, ACTIVE DUTY PAY FOR PART OF A SATURDAY SHOULD BE COMPUTED ON THE BASIS OF A FOUR-HOUR DAY, EACH HOUR'S WORK BEING COMPUTED AS ONE-FOURTH OF A DAY'S PAY WHETHER THE REGULAR NUMBER OF HOURS WORKED ON OTHER DAYS BE SEVEN OR EIGHT * * * .

HOWEVER, AN EMPLOYEE IN A PAY STATUS PART OF A SATURDAY BUT IN A NON-PAY STATUS AT THE CLOSE OF BUSINESS ON SUCH DAY GENERALLY SHOULD BE GIVEN NO BENEFIT OF THE SHORTER DAY, PAY FOR THE PORTION OF THE DAY WORKED TO BE COMPUTED ON THE BASIS OF A REGULAR WORKING DAY * * * .

THE FIRST OF THE QUOTED RULES IS APPLICABLE IN THIS CASE. AS THE EMPLOYEE WAS ON DUTY AT THE CLOSE OF BUSINESS ON SATURDAY, AUGUST 8, 1931, THE SECOND RULE ABOVE QUOTED IS NOT APPLICABLE. THREE AND ONE HALF FOURTHS OR SEVEN-EIGHTHS OF A REGULAR DAY'S PAY AT THE RATE OF $3.68 IS $3.22. AS THIS EMPLOYEE RECEIVED ON THE REGULAR PAY ROLL ONLY $1.61, LESS RETIREMENT DEDUCTION, HE IS ENTITLED TO AN ADDITIONAL AMOUNT OF $1.61 LESS RETIREMENT DEDUCTION. ACCORDINGLY, YOUR ARE AUTHORIZED TO MAKE PAYMENT ON THE VOUCHER IN QUESTION.