A-71140, APRIL 15, 1936, 15 COMP. GEN. 911

A-71140: Apr 15, 1936

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COMPENSATION AND LEAVES OF ABSENCE - PER ANNUM EMPLOYEES - OFFICES CLOSED FOR ADMINISTRATIVE REASONS PER ANNUM EMPLOYEES OF THE GOVERNMENT MAY BE CHARGED WITH ANNUAL LEAVE OF ABSENCE FOR DAYS ON WHICH NO SERVICES ARE REQUIRED TO BE PERFORMED BECAUSE OF THE CLOSING OF THE OFFICE. COMPENSATION MAY NOT BE WITHHELD FOR SUCH DAYS REGARDLESS OF THE ADMINISTRATIVE REASONS FOR CLOSING AND THE FACT THAT THE EMPLOYEES HAVE NO ACCRUED LEAVE TO THEIR CREDIT. 13 COMP. IN THE DECISION OF THE COMPTROLLER GENERAL CITED ON THE VOUCHER THE ADMINISTRATIVE REASON FOR CLOSING THE NAVY YARDS ON SATURDAY WAS DUE TO LEGISLATION MAKING SOME SUCH ACTION NECESSARY TO COMPLY WITH THE 40-HOUR WEEK PROVISION OF THE LAW. 3.

A-71140, APRIL 15, 1936, 15 COMP. GEN. 911

COMPENSATION AND LEAVES OF ABSENCE - PER ANNUM EMPLOYEES - OFFICES CLOSED FOR ADMINISTRATIVE REASONS PER ANNUM EMPLOYEES OF THE GOVERNMENT MAY BE CHARGED WITH ANNUAL LEAVE OF ABSENCE FOR DAYS ON WHICH NO SERVICES ARE REQUIRED TO BE PERFORMED BECAUSE OF THE CLOSING OF THE OFFICE, PLANT, OR ESTABLISHMENT FOR ADMINISTRATIVE REASONS, BUT COMPENSATION MAY NOT BE WITHHELD FOR SUCH DAYS REGARDLESS OF THE ADMINISTRATIVE REASONS FOR CLOSING AND THE FACT THAT THE EMPLOYEES HAVE NO ACCRUED LEAVE TO THEIR CREDIT. 13 COMP. GEN. 277 AMPLIFIED.

COMPTROLLER GENERAL MCCARL TO CAPT. C. A. FRANK, UNITED STATES ARMY, APRIL 15, 1936:

THERE HAS BEEN RECEIVED BY REFERENCE FROM THE CHIEF OF FINANCE, WAR DEPARTMENT, YOUR LETTER OF JANUARY 30, 1936, AS FOLLOWS:

1. REQUEST AN ADVANCE DECISION ON THE ENCLOSED VOUCHER SUBMITTED TO THE UNDERSIGNED, A DISBURSING OFFICER, FOR PAYMENT.

2. IN THE DECISION OF THE COMPTROLLER GENERAL CITED ON THE VOUCHER THE ADMINISTRATIVE REASON FOR CLOSING THE NAVY YARDS ON SATURDAY WAS DUE TO LEGISLATION MAKING SOME SUCH ACTION NECESSARY TO COMPLY WITH THE 40-HOUR WEEK PROVISION OF THE LAW.

3. THE REASON FOR CLOSING THE ARSENAL, IN THE INSTANT CASE, ON FRIDAY, NOVEMBER 29, IS NOT APPARENT IN THE POST MEMORANDUM ISSUED NOVEMBER 4, 1935, AND IN VIEW OF THE DEFINITE STATEMENT IN THIS MEMORANDUM THAT EMPLOYEES WITHOUT LEAVE CREDIT WOULD BE CARRIED IN A NONPAY STATUS, IT IS DOUBTFUL THAT THE DECISION OF THE COMPTROLLER GENERAL (A-54807) DATED APRIL 12, 1934, IS APPLICABLE AND WHETHER PAYMENT TO SUCH EMPLOYEES MAY NOW PROPERLY BE MADE.

THE VOUCHER PROPOSES PAYMENT OF 1 DAY'S COMPENSATION, LESS RETIREMENT DEDUCTIONS, TO A NUMBER OF PER ANNUM EMPLOYEES OF THE EDGEWOOD ARSENAL FOR NOVEMBER 29, 1935, WHEN THE ARSENAL WAS CLOSED FOR ADMINISTRATIVE REASONS- -- APPARENTLY BECAUSE THE DAY FOLLOWED THANKSGIVING DAY AND PRECEDED SATURDAY AND SUNDAY, NONWORK DAYS. THERE APPEARS ON THE PAY ROLL THE FOLLOWING EXPLANATORY FOOTNOTE:

CERTIFIED ON VO.NO. 1, DEC. 1935 ACCTS., C. A. FRANK, CAPT., FINANCE OFFICER, AS AWOL (ABSENT WITHOUT PAY) ON NOV. 29, 1935. SHOULD HAVE BEEN CERTIFIED WITH PAY IN ACCORDANCE WITH DECISION COMPTROLLER GENERAL, DATED APRIL 12, 1934.

SAID DECISION REPORTED IN 13 COMP. GEN. 277, HELD AS FOLLOWS AT PAGE 280:

* * * DEDUCTION IS NOT REQUIRED FROM PER ANNUM EMPLOYEES FOR DAYS ON WHICH NO SERVICES ARE RENDERED DUE TO THE CLOSING OF THE OFFICE, PLANT, OR ESTABLISHMENT FOR ADMINISTRATIVE REASONS. HENCE, IF IT BE DETERMINED ADMINISTRATIVELY TO CLOSE THE NAVY YARDS ON SATURDAY TO COMPLY WITH SAID SECTION 23 OF THE ACT OF MARCH 28, 1934, NO DEDUCTION NEED BE MADE FROM THE PER ANNUM COMPENSATION OF THOSE ADMINISTRATIVE EMPLOYEES AT THE YARDS IN GROUP 4-B, OR OTHER ADMINISTRATIVE EMPLOYEES NOT SUBJECT TO THE 40-HOUR WEEK PROVISION, FOR THE SATURDAYS ON WHICH THEY ARE PRECLUDED FROM WORKING SOLELY BECAUSE OF THE CLOSING OF THE YARDS. * * *

THE RULE THUS STATED IS APPLICABLE REGARDLESS OF THE ADMINISTRATIVE REASON OR PURPOSE IN CLOSING. IT IS WITHIN ADMINISTRATIVE DISCRETION TO CHARGE PER ANNUM EMPLOYEES WITH LEAVE OF ABSENCE FOR DAYS ON WHICH THE OFFICE OR PLANT IS CLOSED FOR ADMINISTRATIVE REASONS, BUT THE COMPENSATION OF PER ANNUM EMPLOYEES WHO HAVE NO ACCRUED LEAVE TO THEIR CREDIT MAY NOT BE WITHHELD FOR SUCH DAYS.

ACCORDINGLY, IT HAVING BEEN ESTABLISHED FROM THE PAY ROLLS ON FILE IN THIS OFFICE THAT THE EMPLOYEES LISTED ON THE SUPPLEMENTAL ROLL WERE NOT PAID THE AMOUNTS OF COMPENSATION NOW CLAIMED FOR NOVEMBER 29, 1935, PAYMENT ON THE VOUCHER, WHICH IS RETURNED, MAY BE MADE IN THE ABSENCE OF OTHER OBJECTION.