A-41336, MARCH 23, 1932, 11 COMP. GEN. 362

A-41336: Mar 23, 1932

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THE HOURLY RATE TO BE COMPUTED BY DIVIDING THE PER DIEM RATE FOR SIMILAR FULL-TIME POSITION SHOWN IN THE GOVERNMENT SALARY TABLES BY THE NUMBER OF HOURS FULL-TIME EMPLOYEES ARE REQUIRED TO WORK. PAYMENT IS AUTHORIZED ONLY FOR THE ACTUAL NUMBER OF HOURS WORKED. (3) THE ACTUAL AMOUNT OF SALARY THE PART-TIME EMPLOYEE IS TO RECEIVE. SPECIFIC INSTRUCTIONS ARE REQUESTED RELATIVE TO PAYMENT OF PART-TIME C.M.T.C. ALTHOUGH THESE EMPLOYEES ARE SEASONAL AND WORK BUT A FRACTION OF A DAY. THEY ARE PAID ON AN ANNUAL BASIS. SO FAR AS IS KNOWN TO THIS OFFICE. ARE THEY. SHOULD THEIR PAY BE COMPUTED BY MULTIPLYING THE SALARY RATE PER ANNUM AT WHICH THEY ARE ALLOCATED BY THE FRACTION OF TIME THEY ARE ACTUALLY EMPLOYED?

A-41336, MARCH 23, 1932, 11 COMP. GEN. 362

COMPENSATION - PART-TIME EMPLOYMENT THE COMPENSATION OF A PART-TIME EMPLOYEE REGULARLY EMPLOYED THROUGHOUT THE YEAR OR FOR SUBSTANTIAL PERIODS SHOULD BE COMPUTED BY MULTIPLYING THE SALARY RATE PER ANNUM FIXED ADMINISTRATIVELY FOR A SIMILAR FULL-TIME POSITION BY THE FRACTION OF TIME ACTUALLY EMPLOYED. THE COMPENSATION OF A TEMPORARY, SEASONAL, OR EMERGENCY EMPLOYEE WORKING ONLY FOR SHORT PERIODS MAY BE PAID ON AN HOURLY BASIS, THE HOURLY RATE TO BE COMPUTED BY DIVIDING THE PER DIEM RATE FOR SIMILAR FULL-TIME POSITION SHOWN IN THE GOVERNMENT SALARY TABLES BY THE NUMBER OF HOURS FULL-TIME EMPLOYEES ARE REQUIRED TO WORK, AND PAYMENT IS AUTHORIZED ONLY FOR THE ACTUAL NUMBER OF HOURS WORKED. THE INSTRUMENT OF APPOINTMENT OF PART-TIME EMPLOYEES SHOULD SPECIFY (1) THE SERVICE REQUIRED, (2) THE GRADE AND SALARY RATE FIXED ADMINISTRATIVELY FOR A SIMILAR FULL-TIME POSITION, AND (3) THE ACTUAL AMOUNT OF SALARY THE PART-TIME EMPLOYEE IS TO RECEIVE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, MARCH 23, 1932:

THERE HAS BEEN RECEIVED YOUR COMMUNICATION OF MARCH 11, 1932, REQUESTING DECISION OF THE FOLLOWING QUESTIONS STATED IN A MEMORANDUM OF THE ADJUTANT GENERAL OF THE ARMY:

1. IN CONNECTION WITH RECENT CORRESPONDENCE BETWEEN THE SECRETARY OF WAR AND THE COMPTROLLER GENERAL RELATIVE TO ALLOCATING OR REALLOCATING FIELD POSITIONS TO PARTICULAR SALARY RANGES OR GRADES AND AT THE SALARY RATES PRESCRIBED IN THE CLASSIFICATION ACT, SPECIFIC INSTRUCTIONS ARE REQUESTED RELATIVE TO PAYMENT OF PART-TIME C.M.T.C. EMPLOYEES. ALTHOUGH THESE EMPLOYEES ARE SEASONAL AND WORK BUT A FRACTION OF A DAY, THEY ARE PAID ON AN ANNUAL BASIS, AND, SO FAR AS IS KNOWN TO THIS OFFICE, NO AUTHORITY EXISTS FOR EMPLOYING THEM BY THE HOUR.

ARE THEY, THEREFORE, ENTITLED TO PROPORTIONATE PAY FOR SATURDAY AFTERNOONS, HOLIDAYS, AND SUNDAYS? IN OTHER WORDS, SHOULD THEIR PAY BE COMPUTED BY MULTIPLYING THE SALARY RATE PER ANNUM AT WHICH THEY ARE ALLOCATED BY THE FRACTION OF TIME THEY ARE ACTUALLY EMPLOYED? FOR EXAMPLE, WOULD AN EMPLOYEE WORKING 2 HOURS PER DAY AT A SALARY RATE OF $1,260 PER ANNUM BE ENTITLED TO $360 PER ANNUM ($1,260 TIMES 2/7 (, OR $30 PER MONTH?

OR WOULD THIS EMPLOYEE BE ENTITLED TO 50 CENTS PER HOUR, THE PER DIEM SALARY AS SHOWN IN GOVERNMENT SALARY TABLES ($3.50), DIVIDED BY 7, ONLY FOR THE NUMBER OF HOURS HE OR SHE IS ACTUALLY EMPLOYED, OR A MAXIMUM OF $3.50 PER DAY? IF PAID BY THE HOUR, WOULD THIS EMPLOYEE BE ENTITLED TO PAY FOR SERVICES RENDERED ON THE THIRTY-FIRST DAY OF A MONTH?

2. WILL THE RATE OF PAY SHOWN ON THE INSTRUMENT OF APPOINTMENT BE THE AMOUNT A PART-TIME EMPLOYEE IS TO RECEIVE OR THE RATE FOR A FULL TIME EMPLOYEE?

THE METHOD OF COMPUTING THE SALARY RATES OF PART-TIME CIVILIAN EMPLOYEES OF THE GOVERNMENT, SUBJECT TO THE TERMS OF THE CLASSIFICATION ACT AS EXTENDED TO THE FIELD SERVICE, HAS BEEN CONSIDERED IN FOUR RECENT PUBLISHED DECISIONS OF THIS OFFICE, TO WIT: DECISION OF SEPTEMBER 10, 1931, 11 COMP. GEN. 105, CITED IN THE CORRESPONDENCE FORWARDED WITH THE COMMUNICATION; DECISION OF DECEMBER 1, 1931, 11 COMP. GEN. 211; DECISION OF DECEMBER 7, 1931, 11 COMP. GEN. 217; AND DECISION OF JANUARY 7, 1932, 11 COMP GEN. 260. A REFERENCE TO THESE DECISIONS WILL OBVIATE THE NECESSITY OF REPEATING IN DETAIL THE GENERAL RULES APPLICABLE TO PART-TIME EMPLOYMENT. APPLICATION OF THE PRINCIPLES STATED IN THESE DECISIONS WILL ANSWER THE QUESTIONS PRESENTED.

REFERRING TO THE FIRST QUESTION PRESENTED, IF THE PART-TIME EMPLOYEES IN QUESTION ARE PERMANENT, WORK TWO HOURS OF THE SEVEN HOURS PER DAY REQUIRED OF REGULAR FULL-TIME EMPLOYEES, AND THE SALARY RATE OF A SIMILAR FULL-TIME POSITION HAS BEEN ADMINISTRATIVELY FIXED AT $1,260 PER ANNUM IN ACCORDANCE WITH THE PRINCIPLES OF CLASSIFICATION, THE FIRST COMPUTATION IN THE QUOTED SUBMISSION IS CORRECT.

HOWEVER, IF THE EMPLOYEES ARE TEMPORARY, SEASONAL, OR EMERGENCY FIELD EMPLOYEES, WORKING ONLY PART TIME FOR SHORT PERIODS AS DISTINGUISHED FROM EMPLOYEES WHO ARE REGULARLY EMPLOYED PART TIME, THAT IS, A PART OF EACH WORKING DAY, THROUGHOUT THE YEAR, OR FOR SUBSTANTIAL PERIODS, THE SECOND COMPUTATION IN THE QUOTED SUBMISSION WOULD BE PROPER AND THE EMPLOYEE WOULD BE ENTITLED TO PAY FOR ONLY THE TIME ACTUALLY WORKED, INCLUDING TIME ON THE 31ST DAY OF THE MONTH. SEE, PARTICULARLY, 11 COMP. GEN. 217.

IT MIGHT APPEAR THAT EMPLOYEES AT THE CITIZENS' MILITARY TRAINING CAMPS WHO WORK FOR ONLY A FEW WEEKS DURING THE SUMMER MONTHS WOULD BE CONSIDERED AS TEMPORARY, SEASONAL, OR EMERGENCY FIELD EMPLOYEES, WITH RESPECT TO WHOM EITHER METHOD OF COMPUTATION OF SALARY RATES STATED IN THE SUBMISSION MAY BE APPLIED IF SO PROVIDED FOR IN THEIR APPOINTMENTS OR CONTRACTS OF EMPLOYMENT. BUT WHICHEVER METHOD IS ADOPTED, THE FACTS MUST APPEAR WITH THE ACCOUNTS SHOWING WHETHER THE EMPLOYEES ARE PERMANENT OR TEMPORARY, SEASONAL, ETC., AND THE TERMS OF THEIR APPOINTMENT OR CONTRACT.

THE INSTRUMENT OF APPOINTMENT OF PART-TIME EMPLOYEES SHOULD SPECIFY (1) THE SERVICE REQUIRED (11 COMP. GEN. 260), (2) THE GRADE AND SALARY RATE FIXED ADMINISTRATIVELY FOR A SIMILAR FULL-TIME POSITION, AND (3) THE ACTUAL AMOUNT OF SALARY THE PART-TIME EMPLOYEE IS TO RECEIVE.