B-113173, DECEMBER 24, 1952, 32 COMP. GEN. 304

B-113173: Dec 24, 1952

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WHO OCCUPIES A POSITION AS A CLASSIFIED EMPLOYEE ON A PART-TIME BASIS WITH A REGULARLY SCHEDULED TOUR OF DUTY AND WHO IS PAID AT A PER ANNUM RATE. IS ENTITLED TO COMPENSATION FOR A HOLIDAY ON WHICH NO WORK IS PERFORMED WHEN THE HOLIDAY FALLS WITHIN THE REGULARLY SCHEDULED WORKWEEK. DECEMBER 24. 1952: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 12. A HOLIDAY ON WHICH NO WORK WAS PERFORMED BY THE TWO EMPLOYEES INVOLVED. IT IS POINTED OUT THAT THE SAID EMPLOYEES HOLD TEMPORARY APPOINTMENTS UNDER THE AUTHORITY OF SECTION 2.114 (B) CIVIL SERVICE REGULATIONS ( FEDERAL PERSONNEL MANUAL Z1-215) UPON A PART-TIME BASIS AND THAT EACH HAS A REGULARLY SCHEDULED TOUR OF DUTY OF FOUR HOURS PER DAY. IT IS NOTED THAT EACH OF THE EMPLOYEES OCCUPIES A GS-1 POSITION AND RECEIVES COMPENSATION BASED UPON THE PER ANNUM RATE OF $2.

B-113173, DECEMBER 24, 1952, 32 COMP. GEN. 304

SUNDAYS AND HOLIDAYS - COMPENSATION - TEMPORARY PART-TIME PER ANNUM EMPLOYEES A TEMPORARY EMPLOYEE, WHO OCCUPIES A POSITION AS A CLASSIFIED EMPLOYEE ON A PART-TIME BASIS WITH A REGULARLY SCHEDULED TOUR OF DUTY AND WHO IS PAID AT A PER ANNUM RATE, IS ENTITLED TO COMPENSATION FOR A HOLIDAY ON WHICH NO WORK IS PERFORMED WHEN THE HOLIDAY FALLS WITHIN THE REGULARLY SCHEDULED WORKWEEK.

COMPTROLLER GENERAL WARREN TO RAY C. JONAS, BUREAU OF MINES, DECEMBER 24. 1952:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 12, 1952, REQUESTING A DECISION AS TO THE PROPRIETY OF CERTIFYING FOR PAYMENT A PAY ROLL VOUCHER TRANSMITTED THEREWITH COVERING STRAIGHT PAY FOR NOVEMBER 11, 1952, A HOLIDAY ON WHICH NO WORK WAS PERFORMED BY THE TWO EMPLOYEES INVOLVED.

IT IS POINTED OUT THAT THE SAID EMPLOYEES HOLD TEMPORARY APPOINTMENTS UNDER THE AUTHORITY OF SECTION 2.114 (B) CIVIL SERVICE REGULATIONS ( FEDERAL PERSONNEL MANUAL Z1-215) UPON A PART-TIME BASIS AND THAT EACH HAS A REGULARLY SCHEDULED TOUR OF DUTY OF FOUR HOURS PER DAY, FIVE DAYS PER WEEK, MONDAY THROUGH FRIDAY, INCLUSIVE. FURTHER, IT IS NOTED THAT EACH OF THE EMPLOYEES OCCUPIES A GS-1 POSITION AND RECEIVES COMPENSATION BASED UPON THE PER ANNUM RATE OF $2,500.

SINCE THE SAID EMPLOYEES OCCUPY CLASSIFIED POSITIONS WITH A FIXED TOUR OF DUTY CONSISTING OF FIVE WORKDAYS PER WEEK AND ARE PAID A PER ANNUM SALARY, THEIR SITUATION IS SUBSTANTIALLY THE SAME AS THAT OF TEMPORARY EMPLOYEES OCCUPYING FULL TIME CLASSIFIED POSITIONS UPON A PER ANNUM BASIS AND THERE IS PERCEIVED NO OBJECTION TO THEIR RECEIVING COMPENSATION FOR HOLIDAYS FALLING WITHIN THEIR REGULARLY SCHEDULED WORKWEEK BUT ON WHICH NO SERVICES ARE REQUIRED IN THE SAME MANNER AS TEMPORARY EMPLOYEES APPOINTED TO CLASSIFIED POSITIONS UPON A FULL-TIME BASIS, WHO, IN 31 COMP. GEN. 565, WERE HELD TO BE ENTITLED TO SUCH BENEFIT.

THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT.