B-101904, MAY 17, 1951, 30 COMP. GEN. 456

B-101904: May 17, 1951

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WHO WAS REQUIRED TO BE ON DUTY DURING THE FIRST 8-HOUR SHIFT. IS ENTITLED TO COMPENSATION AT TWICE THE REGULAR RATE FOR THE DUTY PERFORMED. ASSUMING THAT HE WAS ADMINISTRATIVELY EXCUSED FROM WORKING THE SECOND SHIFT ON THE HOLIDAY WITHOUT LOSS OF PAY. HE IS ALSO ENTITLED TO COMPENSATION FOR EIGHT HOURS AT THIS REGULAR RATE. 1951: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 20. CARTHEL WAS ADMINISTRATIVELY EXCUSED FROM DUTY FROM THE SECOND SHIFT AND THE QUESTION ARISES WHETHER HE WAS ENTITLED TO HOLIDAY PAY FOR THE 8 HOURS OF DUTY PERFORMED AND REGULAR PAY FOR THE SHIFT FROM WHICH HE WAS EXCUSED FROM DUTY. IT GENERALLY IS WITHIN ADMINISTRATIVE DISCRETION TO EXCUSE AN EMPLOYEE FROM DUTY WITHOUT LOSS OF PAY ON A HOLIDAY ON WHICH HE OTHERWISE WOULD HAVE WORKED.

B-101904, MAY 17, 1951, 30 COMP. GEN. 456

COMPENSATION - HOLIDAYS FALLING WITHIN REGULAR TOUR OF DUTY AN EMPLOYEE WHOSE REGULAR WEEKLY 40-HOUR TOUR OF DUTY INCLUDED 16 HOURS ON SATURDAY, NOVEMBER 11, 1950, A LEGAL HOLIDAY, AND WHO WAS REQUIRED TO BE ON DUTY DURING THE FIRST 8-HOUR SHIFT, IS ENTITLED TO COMPENSATION AT TWICE THE REGULAR RATE FOR THE DUTY PERFORMED, UNDER THE PROVISIONS OF SECTION 11 OF THE FEDERAL EMPLOYEES' PAY ACT OF 1946, AND, ASSUMING THAT HE WAS ADMINISTRATIVELY EXCUSED FROM WORKING THE SECOND SHIFT ON THE HOLIDAY WITHOUT LOSS OF PAY, HE IS ALSO ENTITLED TO COMPENSATION FOR EIGHT HOURS AT THIS REGULAR RATE, WITHOUT CHARGE TO ANNUAL LEAVE.

COMPTROLLER GENERAL WARREN TO A. H. EMPIE, DEPARTMENT OF THE INTERIOR, MAY 17, 1951:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 20, 1951, YOUR REFERENCE 360, FORWARDED HERE BY LETTER OF MARCH 6, 1951, REFERENCE 370, FROM THE DIRECTOR OF PROGRAMS AND FINANCE, BUREAU OF RECLAMATION, ENCLOSING A PAY ROLL VOUCHER FOR $10.88, IN FAVOR OF JOHN W. CARTHEL, REPRESENTING HOLIDAY PAY FOR NOVEMBER 11, 1950, AND REQUESTING A DECISION AS TO WHETHER UNDER THE FACTS AND CIRCUMSTANCES HEREINAFTER SET FORTH THE VOUCHER PROPERLY MAY BE CERTIFIED FOR PAYMENT.

EXHIBITS A AND B TRANSMITTED WITH YOUR LETTER SHOW THAT MR. CARTHEL'S TOUR OF DUTY OF 40 HOURS A WEEK INCLUDED 16 HOURS ON SATURDAY, NOVEMBER 11, 1950, A HOLIDAY, EMBRACING THE HOURS 12:01 TO 8:00 A.M., AND 4:00 P.M. UNTIL MIDNIGHT. MR. CARTHEL WAS ADMINISTRATIVELY EXCUSED FROM DUTY FROM THE SECOND SHIFT AND THE QUESTION ARISES WHETHER HE WAS ENTITLED TO HOLIDAY PAY FOR THE 8 HOURS OF DUTY PERFORMED AND REGULAR PAY FOR THE SHIFT FROM WHICH HE WAS EXCUSED FROM DUTY. AS STATED IN YOUR LETTER, ANNUAL LEAVE OF ABSENCE WITH PAY MAY NOT BE GRANTED ON A DAY DECLARED BY STATUTE OF EXECUTIVE ORDER ISSUED PURSUANT THERETO TO BE A LEGAL HOLIDAY. HOWEVER, IT GENERALLY IS WITHIN ADMINISTRATIVE DISCRETION TO EXCUSE AN EMPLOYEE FROM DUTY WITHOUT LOSS OF PAY ON A HOLIDAY ON WHICH HE OTHERWISE WOULD HAVE WORKED.

ACCORDINGLY, UNDER SECTION 11 OF THE FEDERAL EMPLOYEES' PAY ACT OF 1946, 60 STAT. 216, 218, THE EMPLOYEE IS ENTITLED TO COMPENSATION AT TWICE THE REGULAR RATE FOR THE 8 HOURS OF DUTY PERFORMED BY HIM ON NOVEMBER 11, 1950, AND, ASSUMING THAT HE WAS ADMINISTRATIVELY EXCUSED FROM DUTY ON THE HOLIDAY WITHOUT LOSS OF PAY, HE ALSO IS ENTITLED TO COMPENSATION FOR 8 HOURS AT THIS REGULAR RATE, WITHOUT CHARGE TO ANNUAL LEAVE.

YOUR QUESTIONS ARE ANSWERED ACCORDINGLY, AND THE VOUCHER WHICH WAS TRANSMITTED WITH YOUR LETTER IS RETURNED HEREWITH AND PROPERLY MAY BE CERTIFIED FOR PAYMENT IF THE FACTS ARE AS ASSUMED ABOVE, AND IF IT CORRECT IN OTHER RESPECTS.