A-69842, JANUARY 25, 1936, 15 COMP. GEN. 661

A-69842: Jan 25, 1936

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NOT ON THE BASIS USED FOR REGULAR GOVERNMENT EMPLOYEES WHOSE COMPENSATION IS ON AN ANNUAL OR MONTHLY BASIS. 1936: THERE WAS RECEIVED YOUR LETTER OF JANUARY 8. IS IN EFFECT. THE EXECUTIVE ORDER DOES NOT CONTAIN DEFINITE INFORMATION AS TO THE BASIS ON WHICH DEDUCTIONS FOR TIME LOST ARE TO BE COMPUTED. THE CHIEF OF ENGINEERS ACCORDINGLY HAS INFORMED DISBURSING OFFICERS THAT PENDING FURTHER INSTRUCTIONS DEDUCTIONS FOR ABSENCE SHOULD BE MADE FROM THE COMPENSATION OF THESE EMPLOYEES ON THE SAME BASIS AS SUCH DEDUCTIONS ARE MADE FROM THE COMPENSATION OF REGULAR EMPLOYEES OF THE GOVERNMENT WHOSE COMPENSATION IS ON AN ANNUAL OR MONTHLY BASIS. WHO IS VOLUNTARILY ABSENT ON FRIDAY BUT WHO RETURNS TO DUTY THE FOLLOWING MONDAY MAY BE PAID FOR THE INTERVENING SATURDAY AND SUNDAY.

A-69842, JANUARY 25, 1936, 15 COMP. GEN. 661

LEAVES OF ABSENCE - WITHOUT PAY - RELIEF WORKERS RECEIVING SECURITY WAGE DEDUCTIONS FOR TIME ABSENT WITHOUT PAY IN THE CASE OF RELIEF WORKERS PAID THE SECURITY-WAGE AS SET FORTH IN EXECUTIVE ORDER NO. 7046, DATED MAY 20, 1935, SHOULD BE COMPUTED ON THE BASIS OF THE HOURS OF WORK-TIME ACTUALLY LOST WITH RELATION TO THE MAXIMUM HOURS PER MONTH FIXED FOR THE PARTICULAR PROJECT, AND NOT ON THE BASIS USED FOR REGULAR GOVERNMENT EMPLOYEES WHOSE COMPENSATION IS ON AN ANNUAL OR MONTHLY BASIS.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, JANUARY 25, 1936:

THERE WAS RECEIVED YOUR LETTER OF JANUARY 8, 1936, AS FOLLOWS:

THE CORPS OF ENGINEERS HAS RECEIVED ALLOTMENTS OF FUNDS PROVIDED UNDER THE EMERGENCY RELIEF APPROPRIATION ACT OF 1935 FOR THE PROSECUTION OF VARIOUS PROJECTS. IN ACCORDANCE WITH THE REGULATIONS GOVERNING SUCH PROJECTS THE GREATER PART OF THE WORKING FORCE COMES FROM THE RELIEF ROLLS, AND THE SECURITY WAGE SCHEDULE PRESCRIBED BY REGULATION NO. 1, CONTAINED IN EXECUTIVE ORDER NO. 7046, DATED MAY 20, 1935, IS IN EFFECT. THIS SCHEDULE PROVIDES FOR SALARY ON A MONTHLY BASIS AND FOR DEDUCTIONS FROM THE MONTHLY EARNINGS FOR TIME LOST BECAUSE OF VOLUNTARY ABSENCE, ILLNESS, COMPLETION OR POSTPONEMENT OF A PROJECT, OR PERMANENT DISMISSAL.

THE EXECUTIVE ORDER DOES NOT CONTAIN DEFINITE INFORMATION AS TO THE BASIS ON WHICH DEDUCTIONS FOR TIME LOST ARE TO BE COMPUTED. THE CHIEF OF ENGINEERS ACCORDINGLY HAS INFORMED DISBURSING OFFICERS THAT PENDING FURTHER INSTRUCTIONS DEDUCTIONS FOR ABSENCE SHOULD BE MADE FROM THE COMPENSATION OF THESE EMPLOYEES ON THE SAME BASIS AS SUCH DEDUCTIONS ARE MADE FROM THE COMPENSATION OF REGULAR EMPLOYEES OF THE GOVERNMENT WHOSE COMPENSATION IS ON AN ANNUAL OR MONTHLY BASIS; I.E., 1/30 OF ONE MONTH'S PAY FOR ABSENCE OF ONE DAY. THE CHIEF OF ENGINEERS ALSO HAS INFORMED THE DISBURSING OFFICERS OF THE DEPARTMENT THAT FOLLOWING THE PRINCIPLE OUTLINED IN DECISION OF THE COMPTROLLER GENERAL, A-53210, OF JANUARY 24, 1934, 13 C.G. 207, WHICH APPLIES TO COMPUTATION OF THE PAY OF REGULAR EMPLOYEES OF THE GOVERNMENT ON AN ANNUAL BASIS, AN EMPLOYEE PAID UNDER THE SECURITY WAGE SCHEDULE WHO SERVES ON A FIVE-DAY WEEK BASIS FROM MONDAY TO FRIDAY, INCLUSIVE, AND WHO IS VOLUNTARILY ABSENT ON FRIDAY BUT WHO RETURNS TO DUTY THE FOLLOWING MONDAY MAY BE PAID FOR THE INTERVENING SATURDAY AND SUNDAY. FOLLOWING THE SAME PRINCIPLE, INSTRUCTIONS HAVE BEEN ISSUED THAT SUCH AN EMPLOYEE VOLUNTARILY ABSENT ON BOTH FRIDAY AND MONDAY COULD NOT BE PAID FOR THE INTERVENING SATURDAY AND SUNDAY.

THE QUESTION HAS ARISEN AS TO WHETHER IT MAY NOT HAVE BEEN THE INTENT OF REGULATION NO. 1, CONTAINED IN EXECUTIVE ORDER NO. 7046 ABOVE REFERRED TO, THAT ALL WORKERS PAID IN ACCORDANCE WITH THE SCHEDULE GIVEN IN THE REGULATIONS ARE TO BE PAID ON THE BASIS OF THE NUMBER OF HOURS DESIGNATED AND SCHEDULED FOR THE PROJECT. FOR EXAMPLE, WHERE 130 HOURS HAVE BEEN DESIGNATED AS THE HOURS REQUIRED FOR EARNING THE MONTHLY SECURITY WAGE, AN ABSENCE OF 8 HOURS WOULD NECESSITATE A DEDUCTION OF 8/130 OF THE MONTHLY SECURITY WAGE RATHER THAN 1/30. IN THE CASE OF AN EMPLOYEE WHO IS VOLUNTARILY ABSENT ON FRIDAY AND ALSO ON THE FOLLOWING MONDAY, THE USE OF THE METHOD NOW FOLLOWED IN THE ENGINEER DEPARTMENT AT LARGE WOULD BE TO THE DISADVANTAGE OF THE EMPLOYEE, SINCE THE DEDUCTION UNDER THE PRESENT METHOD WOULD BE 4/30 OF THE MONTHLY PAY, WHEREAS THE DEDUCTION MADE ON THE BASIS OF HOURS DESIGNATED FOR THE PROJECT WOULD BE 16/130 OF THE MONTHLY PAY. THE DIFFERENCE IN DEDUCTIONS UNDER THE TWO PLANS WOULD VARY, OF COURSE, ACCORDING TO THE HOURS IN EFFECT ON THE VARIOUS PROJECTS. DIFFERENT HOURS, WITHIN THE LIMITS OF THE EXECUTIVE ORDER, ARE IN EFFECT ON VARIOUS PROJECTS; FOR EXAMPLE, THE HOURS REQUIRED MAY BE 130, 140, OR 170 PER MONTH, ACCORDING TO THE REQUIREMENTS OF THE PROJECT.

YOUR DECISION IS REQUESTED AS TO WHICH OF THE ABOVE DESCRIBED METHODS OF COMPUTATION OF DEDUCTIONS FOR TIME LOST BY WORKERS PAID THE SECURITY WAGE SHOULD BE FOLLOWED.

IT IS UNDERSTOOD YOUR LETTER REFERS EXCLUSIVELY TO THE SECURITY-WAGE WORKERS AND NOT TO REGULAR SALARIES OF THE ADMINISTRATIVE PERSONNEL OR OTHERS WHO ARE PAID REGULAR RATES OF COMPENSATION.

EXECUTIVE ORDER NO. 7046, DATED MAY 20, 1935, REQUIRES THAT "DEDUCTIONS FROM MONTHLY EARNINGS SHALL BE MADE FOR TIME LOST BECAUSE OF VOLUNTARY ABSENCE, ILLNESS, COMPLETION OR POSTPONEMENT, OR PERMANENT DISMISSAL" (QUOTING FROM PART I OF THE EXECUTIVE ORDER), BUT DOES NOT EXPRESSLY STATE THE BASIS ON WHICH SUCH DEDUCTIONS SHALL BE MADE. HOWEVER, AS THE LIMITATION FIXED IN THE EXECUTIVE ORDER ON THE WORK-TIME DURING A MONTH OR DURING A DAY IS STATED IN HOURS, AS FOR INSTANCE,"THE MAXIMUM HOURS OF WORK FOR MANUAL LABOR SHALL BE 8 HOURS PER DAY AND 130 HOURS PER MONTH" (PART II (B) (, AND AS SECTION 12 OF BULLETIN NO. 8, REVISION A, DATED AUGUST 6, 1935, PROMULGATED BY THE WORKS PROGRESS ADMINISTRATION, APPEARS TO CONTEMPLATE THAT TIME LOST BY PERSONS ON WORK RELIEF RECEIVING THE SECURITY WAGE SHALL BE MEASURED BY THE HOUR, YOU ARE ADVISED THAT DEDUCTIONS FOR TIME ABSENT WITHOUT PAY BY PERSONS PAID THE SECURITY WAGE SHOULD BE COMPUTED ON THE BASIS OF THE HOURS OF WORK-TIME LOST AND THE RELATION THEREOF TO THE MAXIMUM HOURS PER MONTH.

REFERRING TO THE FIRST EXAMPLE STATED IN YOUR LETTER WHERE 130 HOURS HAVE BEEN PRESCRIBED AS THE MAXIMUM HOURS OF WORK PER MONTH ON A PROJECT, AN ABSENCE OF 8 HOURS ON 1 DAY WOULD NECESSITATE A DEDUCTION OF EIGHT ONE HUNDRED AND THIRTIETHS OF THE MONTHLY SECURITY WAGE INSTEAD OF ONE- THIRTIETH, AND REFERRING TO THE SECOND EXAMPLE OF AN EMPLOYEE ABSENT ON FRIDAY AND MONDAY, THE DEDUCTION SHOULD BE SIXTEEN ONE HUNDRED AND THIRTIETHS OF THE MONTHLY SECURITY WAGE, THE SAME AS FOR ABSENCE ON ANY OTHER DAYS OF THE WEEK.

PAYMENTS OF SECURITY WAGES MADE BY THE WAR DEPARTMENT ON THE OTHER BASIS STATED IN YOUR LETTER FOR PAY PERIODS HERETOFORE ENDED WILL NOT BE DISTURBED.