A-39720, DECEMBER 3, 1931, 11 COMP. GEN. 216

A-39720: Dec 3, 1931

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AS FOLLOWS: THERE IS ENCLOSED FOR YOUR CONSIDERATION AND ADVICE CLAIM OF MISS PAULINE BOCK. THE CLAIM WAS PRESENTED TO THE UNDERSIGNED. WAS ABSENT ON LEAVE WITHOUT PAY FROM 11:45 A.M. IS NOW CLAIMING AN ADDITIONAL LIKE AMOUNT OF PAY ON ACCOUNT OF THE SATURDAY HALF HOLIDAY. IT WAS HELD AS FOLLOWS: IF A PER DIEM OR A PER ANNUM EMPLOYEE IS PROPERLY ENTITLED TO THE PART HOLIDAY WITH PAY. WERE CONSIDERED IN CONNECTION WITH THE CASE OF AN ARSENAL EMPLOYEE ON LEAVE WITHOUT PAY THE FIRST HALF HOUR OF THE FOUR HOURS CONSTITUTING THE SATURDAY WORK DAY AND ON DUTY THE REMAINDER THEREOF. IT WAS HELD THAT THE FIRST RULE. WAS APPLICABLE. THE EMPLOYEE WAS ON LEAVE WITHOUT PAY AT THE CLOSE OF THE FOUR HOURS CONSTITUTING THE DAY'S WORK ON SATURDAY.

A-39720, DECEMBER 3, 1931, 11 COMP. GEN. 216

SATURDAY HALF HOLIDAYS - LEAVE OF ABSENCE WITHOUT PAY A PER ANNUM EMPLOYEE WORKING ON AN EIGHT-HOUR BASIS, IN A PAY STATUS PART OF A SATURDAY BUT IN A NONPAY STATUS AT THE CLOSE OF BUSINESS ON SUCH DAY, MAY BE GIVEN NO BENEFIT OF THE SHORTER DAY, PAY FOR THE NUMBER OF HOURS WORKED ON SATURDAY TO BE COMPUTED ON THE BASIS OF A REGULAR WORKING DAY, OR ONE-EIGHTH OF A DAY'S PAY FOR EACH HOUR WORKED.

COMPTROLLER GENERAL MCCARL TO MAJ. G. Z. ECKELS, UNITED STATES ARMY, DECEMBER 3, 1931:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF NOVEMBER 16, 1931, FORWARDED BY THE CHIEF OF FINANCE, WAR DEPARTMENT, AS FOLLOWS:

THERE IS ENCLOSED FOR YOUR CONSIDERATION AND ADVICE CLAIM OF MISS PAULINE BOCK, COMPUTER, ABERDEEN PROVING GROUND, MD., FOR $1.87 COVERING 3 3/4 HOURS PAY FOR OCTOBER 24, 1931, ON ACCOUNT OF HAVING RENDERED SERVICE THE FIRST 3 3/4 WORKING HOURS ON THAT DAY. THE CLAIM WAS PRESENTED TO THE UNDERSIGNED, A DISBURSING OFFICER, FOR PAYMENT.

THIS EMPLOYEE WORKED 3 3/4 HOURS FROM 8:00 A.M. TO 11:45 A.M. ON SATURDAY, OCTOBER 24, 1931, BUT WAS ABSENT ON LEAVE WITHOUT PAY FROM 11:45 A.M. TO 12:00 NOON WHEN THE OFFICE CLOSED, AND IS NOW CLAIMING AN ADDITIONAL LIKE AMOUNT OF PAY ON ACCOUNT OF THE SATURDAY HALF HOLIDAY.

IN DECISION OF SEPTEMBER 29, 1931, 11 COMP. GEN. 119, 121, APPLYING THE SATURDAY HALF HOLIDAY ACT OF MARCH 3, 1931, 46 STAT. 1482, 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 4-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 NONPAY 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 PROPOSED INSTRUCTIONS SHOULD BE AMPLIFIED ACCORDINGLY.

IN DECISION OF OCTOBER 7, 1931, 11 COMP. GEN. 129, THE RULES ABOVE QUOTED FROM THE DECISION OF SEPTEMBER 29, 1931, WERE CONSIDERED IN CONNECTION WITH THE CASE OF AN ARSENAL EMPLOYEE ON LEAVE WITHOUT PAY THE FIRST HALF HOUR OF THE FOUR HOURS CONSTITUTING THE SATURDAY WORK DAY AND ON DUTY THE REMAINDER THEREOF, AND IT WAS HELD THAT THE FIRST RULE, SUPRA, WAS APPLICABLE.

IN THE INSTANT CASE, THE EMPLOYEE WAS ON LEAVE WITHOUT PAY AT THE CLOSE OF THE FOUR HOURS CONSTITUTING THE DAY'S WORK ON SATURDAY, OCTOBER 24, 1931. ACCORDINGLY, THE SECOND OF THE RULES QUOTED FROM THE DECISION OF SEPTEMBER 29, 1931, IS APPLICABLE. IT APPEARS THAT MISS BLOCK IS A PER ANNUM EMPLOYEE WORKING ON AN 8-HOUR-DAY BASIS AND THAT SHE WAS PAID ONE- EIGHTH OF A DAY'S PAY PER HOUR FOR THE TIME ACTUALLY WORKED ON THE SATURDAY IN QUESTION. NO ADDITIONAL PAYMENT FOR SAID DAY IS AUTHORIZED.