A-3943, JULY 14, 1924, 4 COMP. GEN. 51

A-3943: Jul 14, 1924

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CLASSIFICATION OF CIVILIAN EMPLOYEES - CHARWOMEN THE PAY OF CHARWOMEN WHOSE COMPENSATION IS FIXED UNDER THE CLASSIFICATION ACT OF MARCH 4. IS TO BE COMPUTED ON THE NUMBER OF HOURS ACTUALLY EMPLOYED DURING THE PERIOD IN QUESTION. NO PAY FOR SUNDAYS OR HOLIDAYS IS AUTHORIZED UNLESS SERVICES ARE ACTUALLY PERFORMED ON SUCH DAYS. ARE ENTITLED UNDER SECTION 7 OF THE ACT OF MARCH 15. THE AMOUNT OF PAY TO BE ALLOWED FOR THE PERIOD OF SUCH ABSENCE TO BE THE AMOUNT WHICH THE EMPLOYEE WOULD HAVE RECEIVED IF NOT ON LEAVE AND WORKING THE NUMBER OF HOURS USUALLY REQUIRED EACH WORKDAY DURING THE PERIOD OF ABSENCE. 1924: I HAVE YOUR LETTER OF JULY 11. THOSE WHO ARE PAID ON A PER ANNUM BASIS AND THOSE WHO ARE PAID BY THE HOUR.

A-3943, JULY 14, 1924, 4 COMP. GEN. 51

CLASSIFICATION OF CIVILIAN EMPLOYEES - CHARWOMEN THE PAY OF CHARWOMEN WHOSE COMPENSATION IS FIXED UNDER THE CLASSIFICATION ACT OF MARCH 4, 1923, 42 STAT. 1488, AT A RATE PER HOUR, IS TO BE COMPUTED ON THE NUMBER OF HOURS ACTUALLY EMPLOYED DURING THE PERIOD IN QUESTION, AND NO PAY FOR SUNDAYS OR HOLIDAYS IS AUTHORIZED UNLESS SERVICES ARE ACTUALLY PERFORMED ON SUCH DAYS. CHARWOMEN, IF PERMANENTLY EMPLOYED, ARE ENTITLED UNDER SECTION 7 OF THE ACT OF MARCH 15, 1898, 30 STAT. 316, AS AMENDED BY THE ACT OF FEBRUARY 24, 1899, 30 STAT. 890, TO ANNUAL AND SICK LEAVE WITH PAY SUBJECT, IN SO FAR AS APPLICABLE, TO CONDITIONS AND REGULATIONS PRESCRIBED FOR PER ANNUM EMPLOYEES, THE AMOUNT OF PAY TO BE ALLOWED FOR THE PERIOD OF SUCH ABSENCE TO BE THE AMOUNT WHICH THE EMPLOYEE WOULD HAVE RECEIVED IF NOT ON LEAVE AND WORKING THE NUMBER OF HOURS USUALLY REQUIRED EACH WORKDAY DURING THE PERIOD OF ABSENCE.

ACTING COMPTROLLER GENERAL GINN TO THE SECRETARY OF THE TREASURY, JULY 14, 1924:

I HAVE YOUR LETTER OF JULY 11, 1924, REQUESTING DECISION OF QUESTIONS PRESENTED AS FOLLOWS:

THE CLASSIFICATION ACT OF 1923--- MARCH 4, 1923 (42 STAT. 1488/--- PROVIDES FOR ONLY TWO CLASSES OF EMPLOYEES, NAMELY, THOSE WHO ARE PAID ON A PER ANNUM BASIS AND THOSE WHO ARE PAID BY THE HOUR. UP TO THE TIME THE CLASSIFICATION ACT WENT INTO EFFECT CHARWOMEN OF THIS DEPARTMENT IN WASHINGTON WERE PAID AN ANNUAL COMPENSATION OF $240 PLUS 60 PERCENT INCREASE OF COMPENSATION, OR $384 PER YEAR.

IN SUBMITTING ESTIMATES TO CONGRESS THE PAY OF THE CHARWOMEN WAS BASED UPON AN ANNUAL FIGURE OF $375.60 PER PERSON, THIS FIGURE BEING ARRIVED AT BY FIGURING PAY ON THE BASIS OF 40 CENTS PER HOUR, THREE HOURS PER DAY, FOR 365 DAYS IN THE YEAR, LESS 52 SUNDAYS, MAKING A NET TOTAL OF 313 WORKING DAYS, INCLUDING LEGAL HOLIDAYS. THE CHARWOMEN OF THIS DEPARTMENT ARE REQUIRED TO WORK THREE HOURS DAILY. THEY ARE NOT ALLOWED TO ABSENT THEMSELVES FOR ANY PART OF THIS TIME, AND TARDINESS IN REPORTING FOR DUTY IS NOT TOLERATED. THEY ARE, THEREFORE, EITHER PRESENT OR ABSENT. IT IS UNDERSTOOD FROM YOUR DECISION OF JUNE 16, 1924, THAT THERE IS NO BASIS OF LAW FOR CONVERTING PER HOUR EMPLOYEES TO A PER ANNUM BASIS. SUCH BEING THE CASE, THE QUESTION HAS ARISEN AS TO WHETHER CHARWOMEN ON THE 40 CENTS PER HOUR BASIS CAN RECEIVE PAY FOR LEGAL HOLIDAYS; ALSO WHETHER THEY ARE ENTITLED TO THE 30 DAYS' ANNUAL AND 30 DAYS' SICK LEAVE WHICH HAS BEEN GRANTED THEM PRIOR TO THE DATE THE CLASSIFICATION ACT WENT INTO OPERATION, NAMELY, JULY FIRST OF THE PRESENT YEAR.

AS ABOVE STATES, THE CHARWOMEN HAVE HERETOFORE RECEIVED $384 PER ANNUM. THEY WOULD RECEIVE ON THE HOUR BASIS CONVERTED TO ANNUAL COMPENSATION $375.60, A DIFFERENCE OF $8.40. IF THEY ARE TO LOSE LEGAL HOLIDAYS THEIR COMPENSATION WOULD BE FURTHER REDUCED BY $9.60; A TOTAL OF $18. IF THEY LOSE THEIR ANNUAL AND SICK LEAVE A STILL FURTHER HARDSHIP WOULD BE INVOKED AGAINST THIS CLASS OF EMPLOYEES.

IN VIEW OF THE FOREGOING, I HAVE TO REQUEST YOUR DECISION OF THE FOLLOWING QUESTIONS:

COMPUTING THE PAY OF A CHARWOMAN UNDER THE CLASSIFICATION ACT FOR THE FIRST WEEK IN JULY, SHOULD SUCH EMPLOYEE BE ALLOWED PAY FOR 15 HOURS, 18 HOURS, OR 21 HOURS? IN OTHER WORDS, ARE THEY TO BE ALLOWED PAY FOR THE LEGAL HOLIDAY JULY 4, AND THE SUNDAY OCCURRING IN THIS WEEK?

ARE THE PART-HOUR EMPLOYEES ENTITLED TO THE USUAL ALLOWANCES OF ANNUAL AND SICK LEAVE, OR BOTH, ACCORDING TO THE CIRCUMSTANCES OF THE CASE, AND PURSUANT TO THE CUSTOM HERETOFORE PREVAILING SINCE THE LEAVE PRIVILEGES WERE ALLOWED BY CONGRESS? (SEE SEC. 7, ACT MARCH 15, 1898 (30 STAT. 316), AND THE ACT OF FEBRUARY 24, 1899 (30 STAT. 890).)

ARE THE PART-HOUR EMPLOYEES ENTITLED TO PAY FOR SUNDAYS?

IN REPLY, YOU ARE ADVISED THAT IN COMPUTING THE PAY OF CHARWOMEN WHOSE COMPENSATION IS FIXED UNDER THE CLASSIFICATION ACT OF MARCH 4, 1923, 42 STAT. 1488, AT A RATE PER HOUR, THE NUMBER OF HOURS ACTUALLY EMPLOYED DURING THE PERIOD COVERED BY THE PAYMENT IS TO BE THE BASIS OF COMPUTATION. IN SUCH CASE PAYMENT FOR SUNDAYS OR HOLIDAYS IS NOT AUTHORIZED UNLESS SERVICES BY ACTUALLY PERFORMED ON SAID DAYS.

UNDER THE PROVISIONS OF SECTION 7 OF THE ACT OF MARCH 15, 1898, 30 STAT. 316, AS AMENDED BY THE ACT OF FEBRUARY 24, 1899, 30 STAT. 890, SUCH EMPLOYEES, IF PERMANENTLY EMPLOYED, ARE ENTITLED TO LEAVE OF ABSENCE--- ANNUAL LEAVE AND SICK LEAVE--- WITH PAY SUBJECT, IN SO FAR AS APPLICABLE, TO CONDITIONS AND REGULATIONS PRESCRIBED FOR PER ANNUM EMPLOYEES OF YOUR DEPARTMENT, THE AMOUNT OF PAY TO BE ALLOWED FOR THE PERIOD OF SUCH ABSENCE TO BE THE AMOUNT WHICH THE EMPLOYEE WOULD HAVE RECEIVED IF NOT ON LEAVE AND WORKING THE NUMBER OF HOURS USUALLY REQUIRED EACH WORK DAY DURING THE PERIOD OF ABSENCE. ASSUMING FOR THE PURPOSE OF ILLUSTRATION THAT THESE EMPLOYEES ARE NOT REQUIRED TO WORK ON SUNDAYS OR HOLIDAYS AND THAT THEY ARE REQUIRED TO WORK THREE HOURS ON EACH WEEK DAY EXCEPT SATURDAY, AND ONE AND ONE HALF HOURS ON SATURDAY, THEN ONE WHO WAS ON LEAVE WITH PAY FROM JULY 1 TO 15, INCLUSIVE, WOULD BE CHARGED WITH 15 DAYS' ABSENCE IF ON SICK LEAVE AND 12 DAYS' ABSENCE IF ON ANNUAL LEAVE, AND IN EITHER CASE WOULD BE ENTITLED TO (10 BY 3 PLUS 2 BY 1 1/2 ( 33 HOURS' PAY.