B-141606, FEB. 11, 1960

B-141606, FEB. 11, 1960

TO MR. P. I. BECKEY, AUTHORIZED CERTIFYING OFFICER, POST OFFICE DEPARTMENT:

YOUR LETTER OF NOVEMBER 2, 1959, RECEIVED HERE ON DECEMBER 31, 1959, REQUESTS AN ADVANCE DECISION WHETHER $17.25 ADDITIONAL SALARY STATED ON THE ENCLOSED PAYROLL VOUCHER MAY BE PAID TO MR. M. M. HORNING, A SUBSTITUTE RURAL CARRIER. THAT AMOUNT REPRESENTS STRAIGHT-TIME HOLIDAY PAY FOR FEBRUARY 23, 1959, THE MONDAY WHICH, UNDER EXECUTIVE ORDER NO. 10358, WAS OBSERVED AS THE HOLIDAY FOR PAY AND LEAVE PURPOSES IN LIEU OF FEBRUARY 22, 1959, WHICH FELL ON A SUNDAY.

YOU SAY THE REGULAR RURAL CARRIER WAS ON PAID LEAVE OF ABSENCE ON FEBRUARY 21 THROUGH FEBRUARY 24, AND HAS RECEIVED PAY FOR THE HOLIDAY FEBRUARY 23. HOWEVER, SUBSTITUTE CARRIER HORNING ACTUALLY SERVED THE ROUTE ON FRIDAY, FEBRUARY 21, AND TUESDAY, FEBRUARY 24, 1959, AND HAS BEEN PAID FOR THOSE TWO DAYS SERVICES.

SUBSECTION 302 (A) OF THE POSTAL FIELD SERVICE COMPENSATION ACT OF 1955, 69 STAT. 119, AS AMENDED, 39 U.S.C. 972 (A), IN PRESCRIBING THE "RURAL CARRIER SCHEDULE" OF BASIC COMPENSATION FOR SUCH EMPLOYEES, PROVIDES FOR "SUBSTITUTE CARRIERS IN RURAL DELIVERY SERVICE ON ROUTES HAVING CARRIERS ABSENT WITH PAY--- BASIC COMPENSATION AUTHORIZED FOR THE REGULAR CARRIER.' WE ASSUME THAT THE PAY PROVISIONS OF SUBSECTION 302 (B), 39 U.S.C. 972 (B), REGARDING "TRIWEEKLY ROUTE" DO NOT APPLY TO THE RURAL ROUTE HERE IN QUESTION AND THAT THE PER ANNUM RATE OF $5,383 STATED ON THE VOUCHER HAS BEEN FIXED AND ADJUSTED IN ACCORDANCE WITH THE REGULATIONS, PARTS 752, 753, AND 754.2 OF THE POSTAL MANUAL, ISSUED UNDER AUTHORITY OF THE POSTMASTER GENERAL CONTAINED IN SECTION 807, 39 U.S.C. 1036. PARAGRAPH 753.112 OF THAT REGULATION PROVIDES A QUALIFIED CARRIER ON A ROUTE WHEN THE REGULAR CARRIER IS ABSENT WITH PAY SHALL RECEIVE THE BASIC SALARY AUTHORIZED FOR THE REGULAR CARRIER, PLUS ANY LONGEVITY COMPENSATION TO WHICH THE REGULAR CARRIER MAY BE ENTITLED. WHILE SECTION 17 (F) OF THE ACT OF JULY 6, 1945, 59 STAT. 455, 39 U.S.C. 867 (F) EXCLUDED HOLIDAYS FROM A SUBSTITUTE'S PAY, SUBSECTION 302 (A) OF PUBLIC LAW 68, CONTAINS NO SUCH EXCLUSION.

MOREOVER, THE LEGISLATIVE HISTORY OF SUBSECTION 601 (D) (3) OF PUBLIC LAW 68, 39 U.S.C. 1001 (D) (3), EVIDENCES THAT THE CHANGE IN METHOD OF COMPUTATION, FROM A 360-DAY YEAR TO A 312-DAY YEAR, IS TO PERMIT A SUBSTITUTE RURAL CARRIER TO EARN, FOR ANY PERIOD OF TIME WORKED, AN AMOUNT EQUAL TO THAT WHICH THE REGULAR CARRIER WOULD HAVE EARNED FOR SUCH PERIOD.

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