A-60626, APRIL 5, 1935, 14 COMP. GEN. 737

A-60626: Apr 5, 1935

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HOLIDAYS - LEAVE OF ABSENCE WITHOUT PAY - PER ANNUM EMPLOYEES PER ANNUM EMPLOYEES OF THE ENGINEER DEPARTMENT OF THE ARMY ARE NOT ENTITLED TO PAY FOR LEGAL HOLIDAYS OCCURRING WITHIN A PERIOD OF LEAVE OF ABSENCE WITHOUT PAY. AS FOLLOWS: THERE IS INCLOSED A PAY-ROLL VOUCHER COVERING TIME OF EMPLOYEES OF THE ENGINEER DEPARTMENT AT LARGE. THE EMPLOYEES IN QUESTION ARE NOT ENTITLED TO ANNUAL LEAVE WITH PAY. THE WORK ON WHICH THEY ARE REGULARLY EMPLOYED WAS SUSPENDED BY ADMINISTRATIVE ORDER OF THE DISTRICT ENGINEER FOR DECEMBER 24. IN ORDER THAT ALL EMPLOYEES MIGHT HAVE CHRISTMAS AT THEIR HOMES. THESE EMPLOYEES WERE IN NONPAY STATUS THE DAY PRECEDING AND THE DAY FOLLOWING THE HOLIDAY. ATTENTION IS CALLED TO THE FACT THAT IF WORK HAD NOT BEEN SUSPENDED ALL OF THESE MEN PROBABLY WOULD HAVE WORKED THESE TWO DAYS.

A-60626, APRIL 5, 1935, 14 COMP. GEN. 737

HOLIDAYS - LEAVE OF ABSENCE WITHOUT PAY - PER ANNUM EMPLOYEES PER ANNUM EMPLOYEES OF THE ENGINEER DEPARTMENT OF THE ARMY ARE NOT ENTITLED TO PAY FOR LEGAL HOLIDAYS OCCURRING WITHIN A PERIOD OF LEAVE OF ABSENCE WITHOUT PAY.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, APRIL 5, 1935:

THERE HAS BEEN RECEIVED YOUR LETTER OF FEBRUARY 28, 1935, AS FOLLOWS:

THERE IS INCLOSED A PAY-ROLL VOUCHER COVERING TIME OF EMPLOYEES OF THE ENGINEER DEPARTMENT AT LARGE, SECOND DISTRICT, NEW ORLEANS, LOUISIANA, FOR DECEMBER 25, 1934, WITH REQUEST FOR DECISION AS TO WHETHER PAYMENT PROPERLY MAY BE MADE.

THE EMPLOYEES IN QUESTION ARE NOT ENTITLED TO ANNUAL LEAVE WITH PAY. THE WORK ON WHICH THEY ARE REGULARLY EMPLOYED WAS SUSPENDED BY ADMINISTRATIVE ORDER OF THE DISTRICT ENGINEER FOR DECEMBER 24, 25, AND 26, 1934, IN ORDER THAT ALL EMPLOYEES MIGHT HAVE CHRISTMAS AT THEIR HOMES; THEREFORE, THESE EMPLOYEES WERE IN NONPAY STATUS THE DAY PRECEDING AND THE DAY FOLLOWING THE HOLIDAY. HOWEVER, ATTENTION IS CALLED TO THE FACT THAT IF WORK HAD NOT BEEN SUSPENDED ALL OF THESE MEN PROBABLY WOULD HAVE WORKED THESE TWO DAYS.

IT IS THOUGHT THAT THESE EMPLOYEES MAY BE ENTITLED TO COMPENSATION FOR THE HOLIDAY IN ACCORDANCE WITH THE PRINCIPLE SET FORTH IN DECISION OF THE COMPTROLLER OF THE TREASURY, OF JULY 26, 1911 (18 COMP. DEC., 72), IN WHICH IT WAS HELD THAT WHERE PER DIEM EMPLOYEES OF THE GOVERNMENT ARE ABSENT FROM WORK BY PERMISSION FOR A PART OF THE DAY ON JULY 3 IN ANY YEAR, THE PRESUMPTION IS THAT SAID EMPLOYEES WOULD HAVE WORKED ON JULY 4 HAD IT BEEN A WORKING DAY, AND ARE, THEREFORE, ENTITLED TO PAY FOR THAT DAY.

HOWEVER, AS THE ESTABLISHED RULE IS THAT WHEN AN EMPLOYEE IS IN NONPAY STATUS THE DAY PRECEDING A HOLIDAY AND/OR THE DAY FOLLOWING THE HOLIDAY, PAY CANNOT BE ALLOWED FOR THE HOLIDAY, AN ADVANCE DECISION IS REQUESTED.

THE PAY ROLL ACCOMPANYING YOUR LETTER SHOWS ALL OF THE EMPLOYEES INVOLVED TO BE PAID ON A PER ANNUM BASIS RATHER THAN A PER DIEM BASIS. IT IS UNDERSTOOD THAT THESE PER ANNUM EMPLOYEES WERE ADMINISTRATIVELY PLACED IN A STATUS OF LEAVE OF ABSENCE WITHOUT PAY FOR A 3-DAY PERIOD, DECEMBER 24, 25, AND 26, 1934, TO ENABLE THEM TO SPEND "CHRISTMAS AT THEIR HOMES.' THIS BASIS, THE PAY STATUS FOR CHRISTMAS DAY, DECEMBER 25, OF THE PER ANNUM EMPLOYEES WOULD BE NO DIFFERENT THAN THE PAY STATUS FOR THE OTHER 2 DAYS IN THE PERIOD OF LEAVE OF ABSENCE WITHOUT PAY, THAT IS, THE DAY PRECEDING AND THE DAY FOLLOWING THE HOLIDAY.

THE HOLIDAY STATUTES OF JANUARY 6, 1885, 23 STAT. 516; FEBRUARY 23, 1887, 24 STAT. 644, AND JUNE 28, 1894, 28 STAT. 96, PROVIDING PAY FOR LEGAL HOLIDAYS ON WHICH NO WORK IS PERFORMED--- INTERPRETED TO AUTHORIZE GRATUITY PAY FOR HOLIDAYS OCCURRING DURING A PERIOD OF AUTHORIZED LEAVE OF ABSENCE WITHOUT PAY IN THE DECISION YOU CITE AND SUBSEQUENT DECISIONS, 21 COMP. DEC. 566; 5 COMP. GEN. 312; 12 ID. 117- - APPLY SPECIFICALLY TO PER DIEM EMPLOYEES AND HAVE NO APPLICATION TO PER ANNUM EMPLOYEES. 3 COMP. GEN. 756, 759; 14 ID. 71. IN THE FIRST OF THE TWO DECISIONS JUST CITED IT IS HELD AS FOLLOWS:

PER ANNUM EMPLOYEES ARE PAID FOR EACH DAY IN THE YEAR AND WHEN A HOLIDAY OCCURS DURING A PERIOD OF ABSENCE WITHOUT PAY, NO PAY IS DUE FOR THE HOLIDAY; THAT IS, THERE MUST BE DEDUCTED IN SUCH CASE ONE DAY'S PAY FOR EACH DAY OF ABSENCE, INCLUDING SUNDAYS AND HOLIDAYS NOT OCCURRING AT THE BEGINNING OR ENDING OF THE PERIOD.

IN OTHER WORDS, THE RULE AS TO PER ANNUM EMPLOYEES IS AS STATED IN YOUR CONCLUDING PARAGRAPH. SEE, ALSO, 13 COMP. GEN. 206; ID. 207.

NO PAYMENT IS AUTHORIZED ON THE PAY-ROLL VOUCHER FORWARDED WITH YOUR LETTER.