A-43185, JULY 14, 1932, 12 COMP. GEN. 30

A-43185: Jul 14, 1932

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

ECONOMY ACT - 5-DAY WEEK - NAVY YARDS WITH THE UNDERSTANDING THAT FULL TIME PER DIEM EMPLOYEES IN THE FIELD SERVICE OF THE NAVY DEPARTMENT RECEIVED THE SATURDAY HALF HOLIDAY WITH PAY AND WERE REQUIRED TO WORK ONLY 5 1/2 DAYS (44 HOURS PER WEEK). WILL BE TEN-ELEVENTHS OF SIX TIMES THE DAILY RATE OF COMPENSATION EFFECTIVE JUNE 30. ARE NOT APPLICABLE TO REGULAR PART TIME PER DIEM EMPLOYEES WHO. THE COMPENSATION OF REGULAR PART-TIME EMPLOYEES WHO MAY NOT BE GIVEN LEGISLATIVE FURLOUGHS WITHOUT PAY IS SUBJECT TO AN 8 1/3 PERCENT REDUCTION. THE COMPENSATION OF PER ANNUM EMPLOYEES AT NAVY YARDS AND NAVAL STATIONS PLACED ON A 5-DAY WEEK WILL BE TEN-ELEVENTHS OF THEIR FORMER REGULAR PER ANNUM RATE AND THE PER ANNUM RATE AS THUS COMPUTED SHOULD BE DIVIDED BY 12 TO DETERMINE THE MONTHLY RATE AND THE MONTHLY RATE DIVIDED BY 30 TO DETERMINE THE PER DIEM RATE.

A-43185, JULY 14, 1932, 12 COMP. GEN. 30

ECONOMY ACT - 5-DAY WEEK - NAVY YARDS WITH THE UNDERSTANDING THAT FULL TIME PER DIEM EMPLOYEES IN THE FIELD SERVICE OF THE NAVY DEPARTMENT RECEIVED THE SATURDAY HALF HOLIDAY WITH PAY AND WERE REQUIRED TO WORK ONLY 5 1/2 DAYS (44 HOURS PER WEEK), PRIOR TO JULY 1, 1932, COMPENSATION FOR 5 DAYS' WORK ON A 5-DAY WEEK BASIS UNDER THE TERMS OF SECTION 101 (A) OF THE ACT OF JUNE 30, 1932, 47 STAT. 399, WILL BE TEN-ELEVENTHS OF SIX TIMES THE DAILY RATE OF COMPENSATION EFFECTIVE JUNE 30, 1932. THE PROVISIONS OF SECTION 101 (A) OF THE ACT OF JUNE 30, 1932, ESTABLISHING THE 5-DAY WEEK FOR PER DIEM EMPLOYEES WITH COMPENSATION OF TEN-ELEVENTHS OF THEIR FORMER REGULAR WEEKLY RATE FOR 5 1/2 DAYS, ARE NOT APPLICABLE TO REGULAR PART TIME PER DIEM EMPLOYEES WHO, PRIOR TO JULY 1, 1932, DID NOT WORK 5 DAYS PER WEEK, AS DISTINGUISHED FROM REGULAR FULL- TIME EMPLOYEES ON AUTHORIZED LEAVE OR FURLOUGH WITHOUT PAY, BUT THE COMPENSATION OF REGULAR PART-TIME EMPLOYEES WHO MAY NOT BE GIVEN LEGISLATIVE FURLOUGHS WITHOUT PAY IS SUBJECT TO AN 8 1/3 PERCENT REDUCTION. THE COMPENSATION OF PER ANNUM EMPLOYEES AT NAVY YARDS AND NAVAL STATIONS PLACED ON A 5-DAY WEEK WILL BE TEN-ELEVENTHS OF THEIR FORMER REGULAR PER ANNUM RATE AND THE PER ANNUM RATE AS THUS COMPUTED SHOULD BE DIVIDED BY 12 TO DETERMINE THE MONTHLY RATE AND THE MONTHLY RATE DIVIDED BY 30 TO DETERMINE THE PER DIEM RATE. WHEN EMPLOYEES ON A 5-DAY WEEK ARE REQUIRED TO WORK ON SATURDAY, THEY MAY BE PLACED ON FURLOUGH WITHOUT PAY FOR AN EQUIVALENT TIME ON SOME OTHER DAY DURING THE SAME WEEK. PER DIEM EMPLOYEES ON A 5-DAY WEEK WHOSE COMPENSATION FOR 6 DAYS ON JUNE 30, 1932, WAS AT A RATE LESS THAN $1,000 PER ANNUM, ARE ENTITLED TO CONTINUE TO RECEIVE 6 DAYS' PAY FOR 5 DAYS' WORK DURING THE FISCAL YEAR 1933 UNDER THE TERMS OF SECTION 101 (C) OF THE ACT OF JUNE 30, 1932. PER DIEM EMPLOYEES OF THE NAVY YARDS ARE NOT ENTITLED TO RECEIVE ANNUAL LEAVE OF ABSENCE WITH PAY DURING THE FISCAL YEAR 1933, NOTWITHSTANDING A PRIOR STATUTORY RIGHT OR THAT THE LEAVE MAY HAVE ACCUMULATED DURING A PRIOR SERVICE YEAR. NAVY YARD EMPLOYEES WHOSE COMPENSATION IS AT A RATE LESS THAN $1,000 PER ANNUM ARE NOT ENTITLED TO RECEIVE ANNUAL LEAVE OF ABSENCE WITH PAY DURING THE FISCAL YEAR 1933. IN VIEW OF THE TERMS OF SECTION 104 (A) (7) OF THE ACT OF JUNE 30, 1932, THE RESTRICTIONS IN TITLE I OF SAID ACT RELATIVE TO THE 5-DAY WEEK, LEGISLATIVE FURLOUGH, AND PERCENTAGE REDUCTIONS ARE NOT APPLICABLE TO CIVIL EMPLOYEES WHOSE COMPENSATION IS NOT PAID FROM THE TREASURY, SUCH AS THE CIVIL EMPLOYEES AT NAVAL PRISONS PAID FROM "NAVAL PRISON FUND ACTIVITIES," CIVIL EMPLOYEES AT THE NAVAL RESERVATION, OLONGAPO, P.I., PAID FROM "NAVAL RESERVATION, OLONGAPO, CIVIL FUND," AND CIVIL EMPLOYEES OF THE NAVAL ACADEMY DAIRY FARM AND MIDSHIPMEN STORE PAID FROM PROCEEDS OF SALES FROM THE FARM AND STORE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, JULY 14, 1932:

REFERENCE IS MADE TO YOUR LETTER OF JULY 1, 1932, REQUESTING DECISION OF A NUMBER OF QUESTIONS ARISING IN THE APPLICATION OF THE ACT OF JUNE 30, 1932, PUBLIC NO. 212, 47 STAT. 382, WHICH WILL BE STATED AND ANSWERED IN THE ORDER APPEARING IN YOUR LETTER.

THE FIELD SERVICE OF THE NAVY DEPARTMENT HAVING BEEN PLACED ON A FIVE-DAY WEEK EFFECTIVE WITH THE FIRST FULL WEEK IN THE FISCAL YEAR 1933, I.E., BEGINNING 3 JULY, 1932, THE FOLLOWING QUESTIONS ARISING IN CONNECTION WITH THE PROVISIONS OF THE ABOVE-MENTIONED ACT ARE SUBMITTED FOR DECISION:

(1) (A) SECTION 101 (A) PROVIDES THAT THE COMPENSATION FOR FIVE DAYS' WORK OF A PER DIEM EMPLOYEE RECEIVING COMPENSATION AT A RATE EQUIVALENT TO MORE THAN $1,000 PER ANNUM SHALL BE TEN-ELEVENTHS OF THAT PAYABLE FOR A WEEK'S WORK OF FIVE AND ONE-HALF DAYS. HERETOFORE THE AMOUNT PAYABLE FOR A WEEK'S WORK OF FIVE AND ONE-HALF DAYS HAS BEEN SIX DAYS' PAY.

DECISION

(1) (A) WITH THE UNDERSTANDING THAT THESE EMPLOYEES RECEIVED THE SATURDAY HALF HOLIDAY WITH PAY AND WERE REQUIRED TO WORK ONLY 5 1/2 DAYS (44 HOURS PER WEEK) PRIOR TO JULY 1, 1932, THE QUESTION IS ANSWERED IN THE AFFIRMATIVE. SEE QUESTION AND ANSWER 2 OF DECISION OF JULY 8, 1932, A- 43126, 12 COMP. GEN. 11, TO THE PUBLIC PRINTER.

(1) (B) WHAT METHOD WILL BE FOLLOWED IN DETERMINING THE WEEKLY WAGE FOR AN EMPLOYEE RECEIVING MORE THAN $1,000 PER ANNUM WHO WORKS LESS THAN FIVE FULL DAYS IN A CALENDAR WEEK? IN THIS CONNECTION IT IS BELIEVED THAT UNDER THE PROVISIONS OF THE ABOVE-MENTIONED ACT SUCH EMPLOYEES ARE ENTITLED TO PAY AT THEIR REGULAR PER DIEM OR HOURLY RATE FOR THE TIME WORKED WITHOUT ANY DEDUCTION. THIS BELIEF IS BASED ON THE FACT THAT THE PROVISION REDUCING THE COMPENSATION TO TEN-ELEVENTHS OF THE PREVIOUS COMPENSATION APPLIES ONLY TO THOSE EMPLOYEES WORKING FIVE DAYS AND TO THE FURTHER PROVISION OF SECTION 101 (A) THAT NOTHING IN THE ACT SHALL BE CONSTRUED AS MODIFYING THE METHOD OF FIXING THE DAILY RATE OF COMPENSATION OF PER DIEM OFFICERS OR EMPLOYEES AS NOW AUTHORIZED BY LAW. IT WILL BE NOTED THAT IN CASES WHERE EMPLOYEES PERFORM LESS THAN FIVE DAYS' WORK IN A CALENDAR WEEK THE COMPENSATION RECEIVED BY SUCH EMPLOYEES, AND CONSEQUENTLY THE OUTGO FROM THE UNITED STATES TREASURY, IS REDUCED AUTOMATICALLY, THE REDUCTION BEING BY LOSS OF PAY FOR DAYS NOT WORKED AND FOR LOSS OF PAY FOR SATURDAY AFTERNOON. A FURTHER REDUCTION IN THE PAY OF SUCH EMPLOYEES IS NOT BELIEVED NECESSARY TO CARRY OUT THE INTENT OF THE ACT.

(1) (B) IT IS UNDERSTOOD THAT THE EMPLOYEES HERE INVOLVED ARE PART-TIME PER DIEM EMPLOYEES WHO REGULARLY WORKED LESS THAN FIVE DAYS PER WEEK PRIOR TO JULY 1, 1932, AND ARE NOT REGULAR FULL-TIME PER DIEM EMPLOYEES WHO HAVE BEEN ON LEAVE OR FURLOUGH WITHOUT PAY FOR A PORTION OF EACH WEEK. DECISION OF JULY 8, 1932, A-43126, TO THE PUBLIC PRINTER, IT WAS STATED IN QUESTION AND ANSWER 3 AS FOLLOWS:

"3. UNDER SUBSECTION (A), CAN THE NEW RATE FOR FIVE DAYS OF TEN ELEVENTHS OF THE PRESENT PAY FOR A WEEK'S WORK OF FIVE AND ONE-HALF DAYS BE CONSIDERED AS FIXING THE PER HOUR AND PER DAY RATE WITHOUT REGARD AS TO WHETHER THE EMPLOYEE WORKS THE FULL FIVE DAYS OR A PORTION THEREOF EACH EEK?

YES.

THIS WAS INTENDED TO APPLY TO PER DIEM EMPLOYEES WHO REGULARLY WORK FIVE DAYS PER WEEK, BUT WHO ARE ON AUTHORIZED LEAVE OF ABSENCE OR FURLOUGH WITHOUT PAY FOR A PORTION THEREOF. THE OPERATION OF SECTION 101 (A) OF THE STATUTE IS TO INCREASE THE PER DIEM RATE ON A 5-DAY WEEK BASIS. APPLICATION THEREOF TO REGULAR PART-TIME PER DIEM EMPLOYEES WHO, PRIOR TO JULY 1, 1932, DID NOT WORK FIVE DAYS PER WEEK, AS DISTINGUISHED FROM EMPLOYEES ON AUTHORIZED LEAVE OR FURLOUGH WITHOUT PAY, WOULD RESULT IN AN INCREASE IN THE PER DIEM RATE FOR PART TIME SERVICE BASED ON THE RATE RECEIVED JUNE 30, 1932. NO SUCH INCREASE IS CONTEMPLATED UNDER THE STATUTE. YOU ARE ADVISED, THEREFORE, THAT THE PROVISIONS OF SECTION 101 (A) DO NOT APPLY TO PART TIME PER DIEM EMPLOYEES AS DISTINGUISHED FROM FULL-TIME EMPLOYEES ON AUTHORIZED LEAVE OR FURLOUGH WITH PAY A PORTION OF THE 5-DAY WEEK. IF IT IS ADMINISTRATIVELY IMPRACTICAL TO APPLY THE 5-DAY WEEK OR LEGISLATIVE FURLOUGH TO ANY PERSONS REGULARLY WORKING ONLY PART TIME WHO COME WITHIN THE TERMS "OFFICER" AND ,EMPLOYEE" AS DEFINED IN SECTION 104 OF THE STATUTE, THEIR COMPENSATION RATE AS OF JUNE 30, 1932, IS SUBJECT TO 8 1/3 PERCENT REDUCTION. SEE SECTION 105 (D) (7).

(1) (C) MANY OF THE EMPLOYEES OF NAVY YARDS AND STATIONS ARE ON A PER ANNUM BASIS. THESE EMPLOYEES WILL BE ON A FIVE-DAY WEEK BASIS.

DECISION

(1) (C) IN DECISION OF JULY 8, 1932, A-43126, SUPRA, IT WAS HELD AS FOLLOWS (QUOTING FROM THE SYLLABUS):

IF THE 5-DAY WEEK IS ADOPTED FOR PER ANNUM OFFICERS AND EMPLOYEES PURSUANT TO SECTION 101 (A) OF THE ACT OF JUNE 30, 1932, PUBLIC NO. 212, THEIR PER ANNUM COMPENSATION WOULD THEN BE 10/11 OF THEIR FORMER REGULAR PER ANNUM RATE, AND THE PER ANNUM RATE AS THUS COMPUTED SHOULD BE DIVIDED BY 12 TO DETERMINE THE MONTHLY RATE, AND THE MONTHLY RATE DIVIDED BY 30 TO DETERMINE THE PER DIEM RATE.

(2) (A) AS ALL EMPLOYEES IN THE FIELD SERVICE OF THE NAVY DEPARTMENT, WHETHER PAID ON AN HOURLY, PER DIEM, PIECEWORK, MONTHLY OR ANNUAL BASIS, ARE IN EFFECT PLACED ON A FURLOUGH WITHOUT PAY ON SATURDAY MORNINGS THROUGHOUT THE FISCAL YEAR 1933 THEY WOULD APPEAR TO COME UNDER THE PROVISIONS OF SECTION 101 (B), TITLE 1, PART 2 OF THE ABOVE-MENTIONED ACT. THE FOLLOWING ALTERNATE PAY-ROLL PROCEDURE IS SUBMITTED FOR CONSIDERATION:

(2) (B) FOR A PER DIEM EMPLOYEE WORKING THE FULL FIVE DAYS A WEEK, THE EXTENSION WILL BE FOR SIX DAYS WITH A DEDUCTION OF ONE-HALF DAY ( 1/12TH OR 8 1/3 PERCENT) WHICH WILL BE IMPOUNDED IN ACCORDANCE WITH SECTION 110.

(2)(A) (2) (B) THE RATE OF COMPENSATION OF ALL FULL-TIME EMPLOYEES PLACED ON A 5-DAY WEEK, WHATEVER THE BASIS OF PAYMENT, IS TEN-ELEVENTHS OF THEIR FORMER REGULAR RATE OF PAY FOR A WEEK OF FIVE AND ONE-HALF DAYS. SEE DECISION OF JULY 8, 1932, SUPRA. THERE WILL BE FOR IMPOUNDING ONE-ELEVENTH OF THE REGULAR RATE OF THE COMPENSATION OF ALL EMPLOYEES PLACED ON A 5-DAY WEEK.

(2) (C) FOR PER DIEM EMPLOYEES WORKING LESS THAN THE FULL WEEK THE EXTENSION WILL BE FOR THE NUMBER OF DAYS WORKED. NO CREDIT WILL BE GIVEN FOR SATURDAY HALF HOLIDAY AND NO DEDUCTION WILL BE MADE FOR IMPOUND.

(2) (C) FOR EACH DAY A FULL-TIME PER DIEM EMPLOYEE WORKS (NOT REGULAR PART-TIME EMPLOYEES) HE IS ENTITLED TO ONE-FIFTH OF TEN ELEVENTHS OF HIS FORMER REGULAR RATE FOR A FULL WEEK OF FIVE AND ONE HALF DAYS.

(2) (D) IN THE CASE OF PER ANNUM EMPLOYEES THE EXTENSION WILL BE FOR THE FULL HALF MONTH WITH A DEDUCTION OF 8 1/3 PERCENT. WHERE THE PER ANNUM EMPLOYEE DOES NOT WORK THE FULL PERIOD, THE DEDUCTION WILL BE AT THE RATE OF 8 1/3 PERCENT OF THE AMOUNT EARNED.

(2) (D) NO. IN DECISION OF JULY 8, 1932, A-43126, QUESTION AND ANSWER 4, IT WAS STATED:

"4. HOW SHALL THE PROVISION OF SUBSECTION (A) BE APPLIED TO PER ANNUM OFFICER AND EMPLOYEE IF IT IS DEEMED ADVISABLE TO FIX THEIR DAYS OF WORK AT NOT TO EXCEED FIVE DAYS IN ANY ONE WEEK IN LIEU OF A FURLOUGH FOR ONE CALENDAR MONTH OR SUCH PERIODS AS SHALL IN THE AGGREGATE EQUAL 24 WORKING DAYS (COUNTING SATURDAY AS A HALF DAY), AS PROVIDED FOR IN SUBSECTION (B/?

THERE WOULD BE INVOLVED SIMPLY THE ESTABLISHING OF A 5-DAY WEEK FOR PER ANNUM OFFICERS AND EMPLOYEES, AND THEIR PER ANNUM COMPENSATION WOULD THEN BE 10/11 OF THEIR FORMER REGULAR PER ANNUM RATE, AND FOR EACH DAY'S ABSENCE WITHOUT PAY (OTHER THAN THE ONE-HALF DAY FURLOUGH EACH WEEK) THERE SHOULD BE DEDUCTED 1/360 OF THE PER ANNUM COMPENSATION AS THUS COMPUTED IN ACCORDANCE WITH THE RULES AND REGULATIONS APPLICABLE TO DEDUCTIONS FOR LEAVE WITHOUT PAY.

(2) (E) WHERE EMPLOYEES ARE REQUIRED BY THE EXIGENCIES OF THE SERVICE TO WORK ON SATURDAY MORNING THEY WILL BE PLACED ON FURLOUGH WITHOUT PAY FOR AN EQUIVALENT TIME ON SOME OTHER DAY DURING THE SAME WEEK.

(2) (E) THIS MAY BE DONE, BUT SEE QUESTION AND ANSWER 8 OF DECISION OF JULY 8, 1932, A-43126, SUPRA.

(3) IN VIEW OF THE 5-DAY WEEK FOR NAVY YARDS AND STATIONS, DECISION IS REQUESTED AS TO THE AMOUNT PAYABLE TO A PER DIEM EMPLOYEE RECEIVING COMPENSATION AT A RATE LESS THAN $1,000 PER ANNUM WHO WORKS FIVE FULL DAYS. IN VIEW OF THE PROHIBITION IN THE ACT AGAINST REDUCING THE COMPENSATION OF SUCH EMPLOYEES AND THE FACT THAT HE IS PREVENTED FROM WORKING ON SATURDAY BY THE GOVERNMENT, IT IS BELIEVED THAT THESE EMPLOYEES ARE ENTITLED TO SIX DAYS' PAY, THAT BEING THE AMOUNT WHICH THEY HAVE HERETOFORE RECEIVED.

(3) YOU HAVE ANSWERED THIS QUESTION CORRECTLY, IT BEING UNDERSTOOD THE SIX DAYS' PAY IS AT A RATE LESS THAN $1,000 PER ANNUM. SEE DECISION OF JULY 8, 1932, A-43126, QUESTIONS AND ANSWERS 6 AND 7.

(4) (A) SECTION 103 SUSPENDS DURING THE FISCAL YEAR ENDING JUNE 30, 1933, ALL RIGHTS NOW CONFERRED OR AUTHORIZED TO BE CONFERRED UPON ANY OFFICER OR EMPLOYEE TO RECEIVE ANNUAL LEAVE OF ABSENCE WITH PAY. IT IS NOTED THAT THE LAW SUSPENDS THE RIGHT TO "RECEIVE" LEAVE. DOES THE USE OF THIS LANGUAGE MEAN THAT NO EMPLOYEE MAY TAKE LEAVE WITH PAY DURING THE FISCAL YEAR 1933, AND DOES IT ALSO MEAN THAT AN EMPLOYEE WILL NOT EARN LEAVE DURING THE FISCAL YEAR 1933? THE QUESTION AS TO WHETHER LEAVE MAY BE EARNED DURING 1933, BUT NOT TAKEN, ARISES BECAUSE OF THE SPECIFIC GRANT OF LEAVE TO EMPLOYEES OF NAVY YARDS AND ARSENALS BY THE ACT OF AUGUST 29, 1916.

(4) (B) UNDER SECTION 103 MAY LEAVE EARNED BY EMPLOYEES OF NAVY YARDS AND ARSENALS PRIOR TO JULY 1, 1932, BE TAKEN DURING THE FISCAL YEAR 1933, OR MUST THE TAKING OF SUCH LEAVE BE POSTPONED UNTIL 1934 OR SUBSEQUENT YEARS? THE ANSWER TO THIS QUESTION WOULD APPEAR TO BE INFLUENCED BY THE PROVISION IN SECTION 215 OF THE ACT THAT ANY UNUSED LEAVE IN A YEAR MAY BE ACCUMULATIVE TO ANY SUCCEEDING YEAR. THESE EMPLOYEES, UNDER A RULING OF THE COMPTROLLER OF THE TREASURY, HAVE BEEN RECEIVING LEAVE ON THE BASIS OF A SERVICE YEAR AND THE SERVICE YEAR DOES NOT COINCIDE, EXCEPT FOR OCCASIONAL INSTANCES, WITH EITHER THE FISCAL YEAR OR CALENDAR YEAR.

(4) (A) AND (B) IN DECISION OF JULY 8, 1932, A-43056, 12 COMP. GEN. 9, IT WAS HELD AS FOLLOWS (QUOTING FROM THE SYLLABUS):

THE TERM "ANNUAL LEAVE" IN SECTION 103 OF THE ACT OF JUNE 30, 1932, 47 STAT. 400, REFERS TO ALL "VACATION" LEAVE OF ABSENCE WITH PAY AUTHORIZED BY LAW AND/OR REGULATION FOR EACH YEAR, WHETHER BASED ON THE CALENDAR, FISCAL, OR SERVICE YEAR, FOR PERSONAL PLEASURE, CONVENIENCE, OR BENEFIT OF THE OFFICER OR EMPLOYEE, BUT DOES NOT INCLUDE SICK, QUARANTINE, AND MILITARY LEAVE. RIGHTS TO ANNUAL LEAVE THUS DEFINED, INCLUDING THAT ACCRUED AND UNUSED PRIOR TO JULY 1, 1932, OR TO RECEIVE PAYMENT FOR UNUSED PORTION THEREOF UPON SEPARATION FROM THE SERVICE, AS WELL AS ALL BENEFITS INCIDENT THERETO ARE SUSPENDED DURING THE FISCAL YEAR 1933, IRRESPECTIVE OF WHETHER THE LEAVE RIGHTS HERETOFORE HAVE BEEN GRANTED ABSOLUTELY BY STATUTE OR ALLOWED WITHIN ADMINISTRATIVE DISCRETION.

WHETHER LEAVE EARNED DURING THE FISCAL YEAR 1932 MAY BE TAKEN DURING THE FISCAL YEAR 1934 OR WHETHER LEAVE MAY BE EARNED DURING THE FISCAL YEAR 1933 BUT NOT TAKEN UNTIL THE FISCAL YEAR 1934 ARE QUESTIONS WHICH DO NOT INVOLVE A PAYMENT UNDER ANY EXISTING APPROPRIATION AND ARE NOT PROPERLY BEFORE ME FOR DECISION AT THIS TIME. SEE QUESTION AND ANSWER 3 OF DECISION OF JULY 8, 1932, A-43056, SUPRA.

(4) (C) IN THE EVENT THAT IT IS DECIDED THAT LEAVE WITH PAY MAY NOT BE GRANTED TO CIVILIAN EMPLOYEES OF NAVY YARDS AND STATIONS DURING THE FISCAL YEAR 1933, WILL THIS PROHIBITION ALSO APPLY TO THOSE CIVILIAN EMPLOYEES WHO HAVE SERVED AT STATIONS OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES? THESE EMPLOYEES WHO WERE APPOINTED IN ACCORDANCE WITH THE CIVIL SERVICE RULES AND REGULATIONS ARE ALSO GIVEN A CONTRACT WHICH PROVIDES FOR THEIR TRANSPORTATION TO AND FROM THEIR POST OF DUTY CONTINGENT UPON THEIR REMAINING AT THE STATION FOR THREE YEARS OR LONGER. UNDER THE ACT OF AUGUST 29, 1916, THE LEAVE WITH PAY FOR SUCH EMPLOYEES MAY BE ACCUMULATIVE TO AN AMOUNT NOT TO EXCEED ONE HUNDRED AND TWENTY DAYS. THERE ARE CERTAIN EMPLOYEES WHO WILL COMPLETE THEIR CONTRACTS DURING THE FISCAL YEAR 1933 AND WHO WILL RETURN TO THE UNITED STATES AND IT WOULD APPEAR THAT, IN JUSTICE, THOSE EMPLOYEES WHO HAVE FAITHFULLY PERFORMED THEIR CONTRACT AND HAVE ACCUMULATED THEIR LEAVE IN ACCORDANCE WITH TERMS OF LAW SHOULD BE GRANTED SUCH LEAVE WITH PAY AS MAY BE DUE THEM UPON THEIR ARRIVAL IN THE UNITED STATES. (4) (C) THIS QUESTION IS ANSWERED IN THE AFFIRMATIVE--- THAT IS TO SAY, THE PROHIBITION DOES APPLY TO THIS CLASS OF EMPLOYEES AND THEY MAY NOT BE GRANTED TO RECEIVE ANY ANNUAL LEAVE WITH PAY DURING THE FISCAL YEAR 1933. SEE DECISION OF JULY 9, 1932, A-43069, 12 COMP. GEN. 17, TO THE GOVERNOR OF THE PANAMA CANAL.

(5) (A) DO THE PROVISIONS OF TITLE 1 OF THE ECONOMY ACT APPLY TO CIVIL EMPLOYEES AT THE NAVAL PRISONS, CHARLESTON, S.C., AND MARE ISLANDS, CALIF., PAID FROM "NAVAL PRISON FUND ACTIVITIES; " CIVIL EMPLOYEES AT NAVAL RESERVATION, OLONGAPO, P.I., PAID FROM "NAVAL RESERVATION, OLONGAPO, CIVIC FUND; " AND CIVIL EMPLOYEES OF THE NAVAL ACADEMY DAIRY FARM AND MIDSHIPMEN STORE PAID FROM PROCEEDS OF SALES FROM THE FARM AND STORE; IN VIEW OF THE PROVISIONS IN SECTION 104 (A) THAT THE TERM OFFICER AND EMPLOYEE DOES NOT INCLUDE ANY EMPLOYEE WHOSE COMPENSATION IS NOT PAID FROM THE FEDERAL TREASURY? THESE EMPLOYEES HAVE NOT HERETOFORE BEEN CONSIDERED AS EMPLOYEES OF THE GOVERNMENT IN THE ORDINARY MEANING OF THE TERM AND AS INDICATED ABOVE ARE NOT PAID FROM THE FEDERAL TREASURY.

(5) (A) SECTION 104 (A) (7) OF THE ACT EXCEPTS FROM THE DEFINITION OF THE TERMS "OFFICER" AND "EMPLOYEE" "PUBLIC OFFICIALS AND EMPLOYEES WHOSE COMPENSATION IS DERIVED FROM ASSESSMENTS ON BANKS AND/OR IS NOT PAID FROM THE FEDERAL TREASURY.' ACCORDINGLY, THIS QUESTION IS ANSWERED IN THE NEGATIVE.

(6) THE WEEKLY PAY-ROLL PROCEDURE FOR PER DIEM EMPLOYEES OF NAVY YARDS AND STATIONS, AS APPROVED IN THE COMPTROLLER GENERAL'S DECISION A-17136 OF JUNE 8, 1927, INCLUDES IN EACH YEAR FIFTY-TWO WEEKS. THE INSTRUCTIONS CONTAINED IN THE ATTACHED DESPATCH OF JUNE 30, 1932, PLACING THE YARDS AND STATIONS ON A FIVE-DAY WEEK BASIS, AND THE FURLOUGH DEDUCTIONS TO BE MADE IN COMPLIANCE WITH THE DECISIONS HEREIN REQUESTED, WILL BEGIN WITH THE WEEK BEGINNING JULY 3, 1932, AND CONTINUE FOR FIFTY-TWO WEEKS TO AND INCLUDING THE WEEK ENDING JULY 1, 1933. IT IS REQUESTED THAT THE APPROVAL CONTAINED IN THE ABOVE MENTIONED DECISION BE EXTENDED TO THE DEDUCTIONS NECESSARY UNDER THE ECONOMY ACT ON THESE WEEKLY PAY ROLLS.

(6) THIS OFFICE WILL ISSUE GENERAL REGULATIONS GOVERNING PAY-ROLL ACCOUNTING UNDER THE PROVISIONS OF THE ACT OF JUNE 30, 1932. IN SO FAR AS THE SAME DO NOT CONFLICT, THE PROCEDURE STATED IN LETTER TO YOU DATED JUNE 8, 1927, A-17136, MAY BE CONTINUED.