A-44079, AUGUST 22, 1932, 12 COMP. GEN. 266

A-44079: Aug 22, 1932

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DEDUCTIONS FOR EACH ADDITIONAL DAY'S ABSENCE ON LEGISLATIVE FURLOUGH OF PIECEWORKERS WHO ARE ON A 5 1/2-DAY WEEK. WITH THE UNDERSTANDING THAT THERE IS REQUIRED TO BE DEDUCTED AND IMPOUNDED NOT TO EXCEED THE AMOUNT OF 8 1/3 PERCENT OF THE COMPENSATION ACTUALLY EARNED FOR THE FISCAL YEAR. AS FOLLOWS: THE FOLLOWING QUESTIONS HAVE ARISEN IN CONNECTION WITH THE APPLICATION OF THE ECONOMY ACT TO THE BUREAU OF ENGRAVING AND PRINTING OF THIS DEPARTMENT. WHICH ARE SUBMITTED FOR CONSIDERATION AND RULING: 1. TWENTY-FOUR WORKING DAYS AT REGULAR RATES ARE NOT AN AVERAGE MONTH'S PAY PER HOUR. IT WAS HELD AS FOLLOWS: IT MUST FOLLOW. THAT WHERE PER DIEM EMPLOYEES ARE CONTINUED ON A 5 1/2-DAY WEEK AND REQUIRED TO TAKE LEGISLATIVE FURLOUGH WITHOUT PAY.

A-44079, AUGUST 22, 1932, 12 COMP. GEN. 266

ECONOMY ACT - LEGISLATIVE FURLOUGH DEDUCTIONS - PIECE-WORKERS THE REGULAR PERIODICAL LEGISLATIVE DEDUCTIONS OF COMPENSATION, AND DEDUCTIONS FOR EACH ADDITIONAL DAY'S ABSENCE ON LEGISLATIVE FURLOUGH OF PIECEWORKERS WHO ARE ON A 5 1/2-DAY WEEK, SHOULD BE AT THE RATE OF 1 1/4 TIMES THE DAILY RATE PREVIOUSLY PAID FOR A DAY'S AUTHORIZED LEAVE OF ABSENCE WITH PAY, WITH THE UNDERSTANDING THAT THERE IS REQUIRED TO BE DEDUCTED AND IMPOUNDED NOT TO EXCEED THE AMOUNT OF 8 1/3 PERCENT OF THE COMPENSATION ACTUALLY EARNED FOR THE FISCAL YEAR.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, AUGUST 22, 1932:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF AUGUST 13, 1932, AS FOLLOWS:

THE FOLLOWING QUESTIONS HAVE ARISEN IN CONNECTION WITH THE APPLICATION OF THE ECONOMY ACT TO THE BUREAU OF ENGRAVING AND PRINTING OF THIS DEPARTMENT, WHICH ARE SUBMITTED FOR CONSIDERATION AND RULING:

1. HOW MANY DAYS' PAY AT REGULAR RATES SHALL BE IMPOUNDED FOR PER HOUR, PER DIEM, AND PIECEWORK EMPLOYEES UNDER SUBSECTION (B) OF SECTION 101 OF THE ACT?

THESE EMPLOYEES REFERRED TO IN QUESTION NO. 1 NORMALLY RECEIVE PAY FOR 313 DAYS FOR A FULL YEAR (365 DAYS LESS 52 SUNDAYS). SUBSECTION (B) OF SECTION 101 OF THE ACT REQUIRES EMPLOYEES TO BE FURLOUGHED WITHOUT COMPENSATION FOR ONE CALENDAR MONTH OR ITS EQUIVALENT. PER ANNUM EMPLOYEES, WHOSE FURLOUGHS AGGREGATE TWENTY-FOUR WORKING DAYS AT THE RATE OF ONE AND ONE-FOURTH DAYS' PAY FOR EACH OF THE TWENTY-FOUR WORKING DAYS ABSENCE MEET THE REQUIREMENTS, BUT TWENTY-FOUR WORKING DAYS AT REGULAR RATES ARE NOT AN AVERAGE MONTH'S PAY PER HOUR, PER DIEM AND PIECE RATE EMPLOYEES.

2. A PER HOUR EMPLOYEE WORKED EIGHT HOURS (ONE DAY) IN JULY. HE FILED AN APPLICATION FOR RETIREMENT ON ACCOUNT OF DISABILITY, WHICH IF APPROVED, BECOMES EFFECTIVE AUGUST 1, 1932. SHALL HE BE PAID FOR THE DAY WORKED, PLUS A HOLIDAY AND HALF-HOLIDAYS, RESULTING IN HIS RECEIVING PAY FOR FOUR AND FOUR-EIGHTHS DAYS AND IN THE IMPOUNDING OF TWENTY-ONE AND FOUR-EIGHTHS DAYS (THE NUMBER OF WORKING DAYS ABSENT) AT REGULAR RATES, OR SHALL HE BE PAID ONLY ONE DAY WITH THE HOLIDAY, HALF-HOLIDAYS AND TIME ABSENT, IMPOUNDED?

1. IN DECISION OF JULY 28, 1932, TO THE SECRETARY OF THE NAVY, A 43641, 12 COMP. GEN. 134, IT WAS HELD AS FOLLOWS:

IT MUST FOLLOW, THEREFORE, THAT WHERE PER DIEM EMPLOYEES ARE CONTINUED ON A 5 1/2-DAY WEEK AND REQUIRED TO TAKE LEGISLATIVE FURLOUGH WITHOUT PAY, THEIR COMPENSATION IS FOR ADJUSTMENT UNDER THE TERMS OF SUBSECTION (B), *

THE TERM "ONE CALENDAR MONTH" (IN SECTION 101 (B) ( REFERS TO JULY, AUGUST, ETC., AND CONVERTED INTO TERMS OF COMPENSATION MEANS 1/12 OR 8 1/3 PERCENT OF THE ANNUAL RATE OF COMPENSATION. THAT IS TO SAY, 1/12 OR 8 1/3 PERCENT OF THE PER ANNUM EQUIVALENT IS THE MAXIMUM DEDUCTION REQUIRED BY REASON OF THIS PROVISION, WHETHER THE COMPENSATION IS COMPUTED ON THE BASIS OF THE YEAR, THE DAY, THE HOUR, OR THE PIECE * * *.

THEREFORE, THE PROCEDURE STATED IN THE DECISIONS OF JULY 8, 1932, A 43276, AND JULY 12, 1932, A-42691, A-43276, SHOULD BE FOLLOWED WITH RESPECT TO PER DIEM EMPLOYEES TO WHOM THE PROVISIONS OF SECTION 101 (B) ARE APPLICABLE EXCEPT THAT THE TOTAL DEDUCTION OF COMPENSATION FOR THE FISCAL YEAR 1933, BY REASON OF THE LEGISLATIVE FURLOUGH SHALL NOT EXCEED 1/12 OR 8 1/3 PERCENT OF THE ANNUAL RATE OF COMPENSATION COMPUTED ON THE BASIS OF 313 DAYS PER ANNUM AS TO THE EMPLOYEES HERE UNDER CONSIDERATION; AND WHERE THERE ARE NO FURLOUGH ABSENCES DURING A PAY PERIOD, THE DEDUCTION MAY BE 8 1/3 PERCENT OF THE TOTAL AMOUNT OTHERWISE EARNED FOR SUCH PERIOD, WHETHER THE PAY PERIOD BE A WEEK, A HALF MONTH, A MONTH, OR OTHERWISE. WHEN 1/12 OR 8 1/3 PERCENT OF THE ANNUAL RATE OF COMPENSATION COMPUTED ON THE BASIS OF THE PER DIEM RATE FOR 313 DAYS HAS BEEN DEDUCTED, PURSUANT TO THE REQUIREMENTS OF THE ABOVE DECISIONS UNDER SECTION 101 (B), NO FURTHER DEDUCTIONS ARE REQUIRED SOLELY BECAUSE OF LEGISLATIVE FURLOUGH UNDER SAID SECTION.

THE SAME RULE IS APPLICABLE TO ALL REGULAR FULL-TIME PER HOUR, PER DIEM, AND PIECEWORK EMPLOYEES WHO ARE WORKING ON A 5 1/2-DAY-WEEK BASIS. THE REGULAR PERIODICAL LEGISLATIVE FURLOUGH DEDUCTIONS OF COMPENSATION, AND DEDUCTIONS FOR EACH ADDITIONAL DAY'S ABSENCE ON LEGISLATIVE FURLOUGH OF PIECEWORKERS, SHOULD BE AT THE RATE OF ONE AND ONE-FOURTH TIMES THE DAILY RATE PREVIOUSLY PAID FOR A DAY'S AUTHORIZED LEAVE OF ABSENCE WITH PAY, WITH THE UNDERSTANDING THAT THERE IS REQUIRED TO BE DEDUCTED AND IMPOUNDED NOT TO EXCEED THE AMOUNT OF 8 1/3 PERCENT OF THE COMPENSATION ACTUALLY EARNED FOR THE FISCAL YEAR.

2. THE FACTS STATED IN THIS QUESTION ARE TOO INDEFINITE TO DETERMINE THE AMOUNT PAYABLE TO THE EMPLOYEE, WHICH WOULD DEPEND ON WHETHER THE EMPLOYEE WAS ENTITLED TO AND GRANTED SICK LEAVE OF ABSENCE WITH PAY, WHETHER HE WAS EMPLOYED FOR A SUBSTANTIALLY CONTINUOUS INDEFINITE PERIOD, AS DISTINGUISHED FROM THOSE EMPLOYED FROM DAY TO DAY OR FOR A DEFINITELY FIXED BRIEF PERIOD, AND WHETHER HE WAS OTHERWISE IN A STATUS ENTITLING HIM TO THE STATUTORY HOLIDAYS WITH PAY. ASSUMING THERE WAS NO LEGISLATIVE FURLOUGH GRANTED, THE AMOUNT TO BE DEDUCTED AND IMPOUNDED WOULD BE 8 1/3 PERCENT OF THE COMPENSATION OTHERWISE PROPERLY PAYABLE TO THE EMPLOYEE.