A-70076, MARCH 4, 1936, 15 COMP. GEN. 755

A-70076: Mar 4, 1936

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SATURDAY HALF HOLIDAY - PHYSICIANS IN VETERANS' ADMINISTRATION HOSPITALS PHYSICIANS IN VETERANS' ADMINISTRATION HOSPITALS PAID ON AN ANNUAL BASIS WHOSE REGULAR WORKDAY IS 7 HOURS. WHO ARE REQUIRED TO SERVE AS OFFICERS OF THE DAY CONTINUOUSLY ON PARTS OF FRIDAY AND SATURDAY OR ON PARTS OF SATURDAY AND SUNDAY. ARE ENTITLED ONLY TO 3 HOURS' COMPENSATORY TIME FOR WORK IN EXCESS OF 4 HOURS ON SATURDAY UNDER THE SATURDAY HALF- HOLIDAY LAW OF MARCH 3. 1936: THERE WAS RECEIVED YOUR LETTER OF JANUARY 15. AS FOLLOWS: THE PERIOD OF DUTY FOR PHYSICIANS IN VETERANS' ADMINISTRATION HOSPITALS IS 7 HOURS PER DAY FROM MONDAY TO FRIDAY INCLUSIVE. ARE REQUIRED TO SERVE AS OFFICER OF THE DAY. IS CONTINUOUS FOR 24 HOURS UNTIL 8:00 A.M.

A-70076, MARCH 4, 1936, 15 COMP. GEN. 755

SATURDAY HALF HOLIDAY - PHYSICIANS IN VETERANS' ADMINISTRATION HOSPITALS PHYSICIANS IN VETERANS' ADMINISTRATION HOSPITALS PAID ON AN ANNUAL BASIS WHOSE REGULAR WORKDAY IS 7 HOURS, BUT WHO ARE REQUIRED TO SERVE AS OFFICERS OF THE DAY CONTINUOUSLY ON PARTS OF FRIDAY AND SATURDAY OR ON PARTS OF SATURDAY AND SUNDAY, ARE ENTITLED ONLY TO 3 HOURS' COMPENSATORY TIME FOR WORK IN EXCESS OF 4 HOURS ON SATURDAY UNDER THE SATURDAY HALF- HOLIDAY LAW OF MARCH 3, 1931, 46 STAT. 1482. WHERE INCLUDED IN THE REGULAR TOUR OF DUTY, SUNDAY CONSTITUTES A WORKDAY WHICH MAY BE SHORTENED UNDER THE TERMS OF THE SATURDAY HALF HOLIDAY LAW OF MARCH 3, 1931, 46 STAT. 1482, BY ALLOWING COMPENSATORY TIME THEREON FOR WORK IN EXCESS OF 4 HOURS ON SATURDAY.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE ADMINISTRATOR OF VETERANS' AFFAIRS, MARCH 4, 1936:

THERE WAS RECEIVED YOUR LETTER OF JANUARY 15, 1936, AS FOLLOWS:

THE PERIOD OF DUTY FOR PHYSICIANS IN VETERANS' ADMINISTRATION HOSPITALS IS 7 HOURS PER DAY FROM MONDAY TO FRIDAY INCLUSIVE, 4 HOURS ON SATURDAY, AND WHATEVER TIME MAY BE REQUIRED ON SUNDAY.

IN LIEU OF THEIR REGULAR ASSIGNMENT AS INDICATED ABOVE PHYSICIANS, IN ROTATION, ARE REQUIRED TO SERVE AS OFFICER OF THE DAY. THE TOUR OF DUTY BEGINS AT 8:00 A.M. AND IS CONTINUOUS FOR 24 HOURS UNTIL 8:00 A.M. THE FOLLOWING MORNING. UPON BEING RELIEVED AS OFFICER OF THE DAY, THE PHYSICIAN ASSUMES HIS REGULAR ASSIGNMENT UNTIL NOON, AND IS EXCUSED FOR THE AFTERNOON. THEREFORE, A PHYSICIAN WHO IS ASSIGNED AS OFFICER OF THE DAY FROM 8:00 A.M. FRIDAY UNTIL NOON SATURDAY IS REQUIRED TO BE AVAILABLE FOR DUTY 8 HOURS ON SATURDAY IN EXCESS OF THE 4 HOURS REQUIRED BY THE ACT OF MARCH 3, 1931, 46 STAT. 1482. THE PHYSICIAN WHO IS ASSIGNED AS OFFICER OF THE DAY ON SATURDAY AT 8:00 A.M. WILL PUT IN 12 HOURS IN EXCESS OF THE 4 HOURS REQUIRED BY THE STATUTE.

IN 10 COMP. GEN. 400, IT IS HELD (QUOTING FROM THE SYLLABUS):

"WHEN CIVIL EMPLOYEES OF THE GOVERNMENT ARE REQUIRED TO WORK MORE THAN FOUR HOURS ON ANY SATURDAY, THE PROVISION IN THE ACT OF MARCH 3, 1931, 46 STAT. 1482, FOR COMPENSATORY TIME IS MANDATORY, AND REQUIRES THAT THE EMPLOYEES' REGULAR WORK TIME ON SOME OTHER DAY BE REDUCED, WITHOUT LOSS OF PAY OR LEAVE TIME, BY A PERIOD EXACTLY EQUAL TO THE TIME SUCH EMPLOYEES WERE REQUIRED TO WORK IN EXCESS OF FOUR HOURS ON THE SATURDAY.'

THE FOLLOWING DECISIONS ARE TO THE SAME EFFECT: 10 COMP. GEN. 399; 12 COMP. GEN. 57; AND 13 COMP. GEN. 17. HOWEVER, IN 10 COMP. GEN. 464 IT IS HELD (QUOTING FROM THE SYLLABUS):

"COMPENSATORY TIME AUTHORIZED BY THE ACT OF MARCH 3, 1931, 46 STAT. 1482, IN LIEU OF TIME ON DUTY REQUIRED DURING THE SATURDAY HALF HOLIDAYS PROVIDED BY THE STATUTE, MAY NOT EXCEED THREE HOURS FOR EMPLOYEES WHOSE REGULAR WORKING DAY IS SEVEN HOURS, AND FOUR HOURS FOR EMPLOYEES WHOSE REGULAR WORKING DAY IS EIGHT HOURS, FOR EACH SATURDAY ON WHICH WORK IS REQUIRED IN EXCESS OF FOUR HOURS, EVEN THOUGH THE EMPLOYEES MAY BE REQUIRED TO WORK ON SATURDAY IN EXCESS OF SEVEN OR EIGHT HOURS, RESPECTIVELY.'

ACCORDINGLY THE FOLLOWING QUESTIONS ARE SUBMITTED FOR YOUR ADVICE:

1. HOW MUCH TIME SHOULD THE OFFICERS OF THE DAY, AS INDICATED ABOVE, BE ALLOWED?

2. IF YOU SHOULD HOLD THAT THE COMPENSATORY TIME IN ONE CASE IS 8 HOURS AND IN THE OTHER 12 HOURS, IS IT COMPULSORY THAT THE TIME BE ALLOWED ON TWO DIFFERENT DAYS?

3. MAY SUNDAY BE CONSIDERED AS A "WORKDAY?

I HAVE NOT OVERLOOKED SECTION 11 OF THE ACT APPROVED MARCH 3, 1933, 47 STAT. 1516.

SECTION 11, TITLE II, OF THE ACT OF MARCH 3, 1933, 47 STAT. 1516, PROVIDES AS FOLLOWS:

FROM AND AFTER THE DATE OF ENACTMENT OF THIS ACT, THE PROVISIONS OF THE ACT OF MARCH 3, 1931 (U.S.C., SUPP. V, TITLE 5, SEC. 26A), SHALL NOT APPLY TO ANY EMPLOYEES OF THE VETERANS' ADMINISTRATION HOMES, HOSPITALS, OR COMBINED FACILITIES WHERE, IN THE DISCRETION OF THE ADMINISTRATOR OF VETERANS' AFFAIRS, THE PUBLIC INTEREST REQUIRES THAT SUCH EMPLOYEES SHOULD BE EXCEPTED FROM THE PROVISIONS THEREOF. AS TO THOSE EMPLOYEES EXCEPTED FROM THE PROVISIONS OF THE ACT OF MARCH 3, 1931, SEVEN HOURS SHALL CONSTITUTE A WORKDAY ON SATURDAY AND LABOR IN EXCESS OF FOUR HOURS ON SATURDAYS SHALL NOT ENTITLE SUCH EMPLOYEES TO AN EQUAL SHORTENING OF THE WORKDAY ON SOME OTHER DAY OR TO ADDITIONAL COMPENSATION THEREFOR.

IT IS UNDERSTOOD THAT THE PHYSICIANS IN QUESTION HAVE NOT BEEN ADMINISTRATIVELY EXCEPTED FROM THE PROVISIONS OF THE SATURDAY HALF HOLIDAY LAW UNDER THE TERMS OF THIS STATUTE, AND THAT THE FULL-TIME PHYSICIANS IN THE VETERANS' ADMINISTRATION FACILITIES ARE PAID ON AN ANNUAL BASIS FOR EVERY DAY IN THE YEAR AND ARE NOT ENTITLED BY LAW TO OVERTIME COMPENSATION NOR TO COMPENSATORY TIME, EXCEPT UNDER THE PROVISIONS OF THE SATURDAY HALF -HOLIDAY LAW.

THE RULE APPLICABLE IN ANSWERING QUESTION ONE IS THAT QUOTED IN YOUR LETTER FROM THE DECISION OF APRIL 14, 1931, 10 COMP. GEN. 464, RELATING TO EMPLOYEES WHO WORK ON SATURDAY IN EXCESS OF THE REGULAR NUMBER OF HOURS FIXED FOR A WORKDAY. THE FIRST DECISIONS YOU CITE RELATE ONLY TO EMPLOYEES WHO WORK ON SATURDAY, NOT TO EXCEED THE REGULAR NUMBER OF HOURS FIXED FOR A WORKDAY. AS THE LENGTH OF THE REGULAR WORKDAY IS 7 HOURS FOR THESE PHYSICIANS, EACH OF THE PHYSICIANS SERVING AS OFFICER OF THE DAY ON SATURDAY, AS STATED IN YOUR LETTER, WOULD BE ENTITLED TO ONLY 3 HOURS' COMPENSATORY TIME.

THE ANSWER TO QUESTION ONE MAKES IT UNNECESSARY TO ANSWER QUESTION TWO.

REFERRING TO QUESTION THREE, IT IS PRESUMED YOUR QUOTATION OF THE WORD "WORKDAY" IS FROM THAT PORTION OF THE SATURDAY HALF-HOLIDAY LAW OF MARCH 3, 1931, 46 STAT. 1482, PROVIDING---

* * * THAT IN ALL CASES WHERE FOR SPECIAL PUBLIC REASONS, TO BE DETERMINED BY THE HEAD OF THE DEPARTMENT OR ESTABLISHMENT HAVING SUPERVISION OR CONTROL OF SUCH EMPLOYEES, THE SERVICES OF SUCH EMPLOYEES CANNOT BE SPARED, SUCH EMPLOYEES SHALL BE ENTITLED TO AN EQUAL SHORTENING OF THE WORKDAY ON SOME OTHER DAY: * * *

SUNDAY HAS NEVER BEEN REGARDED GENERALLY AS A WORKDAY, BUT MAY BE INCLUDED ADMINISTRATIVELY WITHIN THE TOUR OF DUTY OF ANY EMPLOYEE NOT ENTITLED TO ADDITIONAL COMPENSATION OR COMPENSATORY TIME FOR WORK ON SUNDAY, DUE TO THE EXIGENCIES OF THE SERVICE, PARTICULARLY THOSE CLASSES PERFORMING A CHARACTER OF SERVICE NECESSARILY CONTINUOUS. SEE GENERALLY 13 COMP. GEN. 295, 297. WHERE SUNDAY HAS BEEN INCLUDED IN THE REGULAR TOUR OF DUTY OF SUCH AN EMPLOYEE, IT WOULD CONSTITUTE A WORKDAY WHICH MAY BE SHORTENED UNDER THE TERMS OF THE SATURDAY HALF HOLIDAY LAW, SUPRA, BY ALLOWING COMPENSATORY TIME THEREON FOR WORK IN EXCESS OF 4 HOURS ON SATURDAY. QUESTION THREE IS ANSWERED ACCORDINGLY.