A-56277, JULY 16, 1934, 14 COMP. GEN. 49

A-56277: Jul 16, 1934

Additional Materials:

Contact:

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

 

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

COMPENSATION - HOLIDAYS - PER DIEM EMPLOYEES THE STATUTES PROVIDING PAY FOR HOLIDAYS TO PER DIEM EMPLOYEES ARE APPLICABLE ONLY TO PER DIEM EMPLOYEES ON A PERMANENT BASIS AS DISTINGUISHED FROM EMPLOYMENT FROM DAY TO DAY FOR DEFINITELY FIXED BRIEF PERIODS. REQUESTS DECISION WHETHER PAYMENT IS AUTHORIZED OF SUPPLEMENTAL PAY ROLL COVERING PER-DIEM COMPENSATION FOR MEMORIAL DAY. THE CONDITIONS UNDER WHICH THESE PERSONS WERE EMPLOYED ARE STATED IN LETTER DATED MAY 28. THE TOTAL OF 32 MEN WERE HIRED PRIOR TO MAY 1ST. THESE EMPLOYEES HAVE BEEN CONTINUOUSLY EMPLOYED SINCE THAT DATE AND THE QUESTION NOW ARISES AS TO WHETHER OR NOT THEY SHOULD BE PAID FOR MEMORIAL DAY. ON WHICH DATE NO SERVICE WILL BE RENDERED. 2.

A-56277, JULY 16, 1934, 14 COMP. GEN. 49

COMPENSATION - HOLIDAYS - PER DIEM EMPLOYEES THE STATUTES PROVIDING PAY FOR HOLIDAYS TO PER DIEM EMPLOYEES ARE APPLICABLE ONLY TO PER DIEM EMPLOYEES ON A PERMANENT BASIS AS DISTINGUISHED FROM EMPLOYMENT FROM DAY TO DAY FOR DEFINITELY FIXED BRIEF PERIODS.

COMPTROLLER GENERAL MCCARL TO MAJ. W. D. DABNEY, UNITED STATES ARMY, JULY 16, 1934:

YOUR ENDORSEMENT OF JUNE 7, 1934, REQUESTS DECISION WHETHER PAYMENT IS AUTHORIZED OF SUPPLEMENTAL PAY ROLL COVERING PER-DIEM COMPENSATION FOR MEMORIAL DAY, MAY 30, 1934, FOR A NUMBER OF EMPLOYEES STATED AS EMPLOYED SINCE MAY 1 AS DOCKBUILDERS. THE CONDITIONS UNDER WHICH THESE PERSONS WERE EMPLOYED ARE STATED IN LETTER DATED MAY 28, 1934, FROM CAPT. IRA J. WHARTON, PORT QUARTERMASTER, BROOKLYN, N.Y., AS FOLLOWS:

1. ON APRIL 23, 1934, THIS OFFICE COMMENCED HIRING IN ACCORDANCE WITH CIVIL-SERVICE REGULATIONS 32 DOCKBUILDERS AT $9 PER DIEM, IN A TEMPORARY CAPACITY NOT TO EXTEND BEYOND JUNE 30TH, 1934, IN CONNECTION WITH REPAIRS TO PIER NO. 1, THIS BASE. THE TOTAL OF 32 MEN WERE HIRED PRIOR TO MAY 1ST. THESE EMPLOYEES HAVE BEEN CONTINUOUSLY EMPLOYED SINCE THAT DATE AND THE QUESTION NOW ARISES AS TO WHETHER OR NOT THEY SHOULD BE PAID FOR MEMORIAL DAY, MAY 30TH, ON WHICH DATE NO SERVICE WILL BE RENDERED.

2. DECISION IS REQUESTED WHETHER OR NOT EMPLOYEES REFERRED TO MAY BE PAID FOR HOLIDAY IN QUESTION. IT IS REQUESTED THAT DECISION BE EXPEDITED IN ORDER THAT, IF IN THE AFFIRMATIVE, EMPLOYEES MAY BE PAID FROM FUNDS AVAILABLE THIS FISCAL YEAR.

THE ACTS OF JANUARY 6, 1885, 23 STAT. 516; FEBRUARY 23, 1887, 24 STAT. 644; AND JUNE 28, 1894, 28 STAT. 96, PROVIDE, RESPECTIVELY, AS FOLLOWS:

THAT THE EMPLOYEES OF THE NAVY YARD, GOVERNMENT PRINTING OFFICE, BUREAU OF PRINTING AND ENGRAVING, AND ALL OTHER PER-DIEM EMPLOYEES OF THE GOVERNMENT ON DUTY AT WASHINGTON, OR ELSEWHERE IN THE UNITED STATES, SHALL BE ALLOWED THE FOLLOWING HOLIDAYS, TO WIT: THE FIRST DAY OF JANUARY, THE TWENTY-SECOND DAY OF FEBRUARY, THE FOURTH DAY OF JULY, THE TWENTY-FIFTH DAY OF DECEMBER, AND SUCH DAYS AS MAY BE DESIGNATED BY THE PRESIDENT AS DAYS FOR NATIONAL THANKSGIVING, AND SHALL RECEIVE THE SAME PAY AS ON OTHER DAYS.

THAT ALL PER-DIEM EMPLOYEES OF THE GOVERNMENT, ON DUTY AT WASHINGTON OR ELSEWHERE IN THE UNITED STATES, SHALL BE ALLOWED THE DAY OF EACH YEAR WHICH IS CELEBRATED AS "MEMORIAL" OR "DECORATION AY" AND THE FOURTH OF JULY OF EACH YEAR AS HOLIDAY, AND SHALL RECEIVE THE SAME PAY AS ON OTHER DAYS.

THAT THE FIRST MONDAY OF SEPTEMBER IN EACH YEAR, BEING THE DAY CELEBRATED AND KNOWN AS "LABOR'S HOLIDAY," IS HEREBY MADE A LEGAL PUBLIC HOLIDAY, TO ALL INTENTS AND PURPOSES, IN THE SAME MANNER AS CHRISTMAS, THE FIRST DAY OF JANUARY, THE TWENTY-SECOND DAY OF FEBRUARY, THE THIRTIETH DAY OF MAY, AND THE FOURTH DAY OF JULY ARE NOW MADE BY LAW PUBLIC HOLIDAYS.

THESE STATUTES APPLY TO PER-DIEM EMPLOYEES OF THE GOVERNMENT ON A PERMANENT BASIS AS DISTINGUISHED FROM THOSE EMPLOYED FROM DAY TO DAY FOR DEFINITELY FIXED BRIEF PERIODS. 26 COMP. DEC. 537; 3 COMP. GEN. 411; 5 ID. 312; 12 ID. 117, AND 204. IT APPEARS THAT THE EMPLOYEES INVOLVED IN THE PRESENT SUBMISSION WERE NOT PERMANENTLY EMPLOYED, BUT THAT THEIR EMPLOYMENT WAS FROM DAY TO DAY FOR A TEMPORARY PERIOD OF SHORT DURATION BEGINNING SOMETIME AFTER APRIL 28, 1934, AND EXPRESSLY LIMITED TO JUNE 30, 1934. ACCORDINGLY, SUCH TEMPORARY EMPLOYEES ARE NOT ENTITLED TO PAY FOR HOLIDAYS WHEN NO SERVICE IS RENDERED. PAYMENT ON THE VOUCHER SUBMITTED WITH YOUR ENDORSEMENT IS NOT AUTHORIZED AND IT WILL BE RETAINED IN THE FILES OF THIS OFFICE.