B-32961, MARCH 12, 1943, 22 COMP. GEN. 889

B-32961: Mar 12, 1943

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COMPENSATION - PART TIME EMPLOYEES - COMPUTATION WHEN LEAVE WITHOUT PAY IS INVOLVED WHERE THERE IS INVOLVED LEAVE WITHOUT PAY. ARE EMPLOYED ON A PER ANNUM SALARY RATE BASIS TO WORK A DESIGNATED NUMBER OF HOURS PER WEEK WITH DIFFERING LENGTHS OF WORK DAYS DURING THE WEEK MAY BE COMPUTED BY MULTIPLYING THE COMPENSATION WHICH WOULD HAVE BEEN RECEIVED FOR THE PARTICULAR PERIOD HAD THEY WORKED THE FULL NUMBER OF HOURS REQUIRED DURING THAT PERIOD (1/360 TIMES THE NUMBER OF DAYS IN THE PERIOD TIMES THE PER ANNUM SALARY RATE) BY THE NUMBER OF HOURS ACTUALLY WORKED DIVIDED BY THE NUMBER OF HOURS THEY SHOULD HAVE WORKED. 11 COMP. 1943: I HAVE YOUR LETTER OF MARCH 8. AS FOLLOWS: REFERENCE IS MADE TO DEPARTMENTAL CIRCULAR 389 DATED DECEMBER 12.

B-32961, MARCH 12, 1943, 22 COMP. GEN. 889

COMPENSATION - PART TIME EMPLOYEES - COMPUTATION WHEN LEAVE WITHOUT PAY IS INVOLVED WHERE THERE IS INVOLVED LEAVE WITHOUT PAY, THE BASIC COMPENSATION FOR A 15-DAY SEMI-MONTHLY PAY PERIOD, OR FRACTION THEREOF, OF REGULAR PART TIME EMPLOYEES WHO, UNDER AUTHORITY OF DEPARTMENTAL CIRCULAR NO. 389, DATED DECEMBER 12, 1942, OF THE UNITED STATES CIVIL SERVICE COMMISSION, ARE EMPLOYED ON A PER ANNUM SALARY RATE BASIS TO WORK A DESIGNATED NUMBER OF HOURS PER WEEK WITH DIFFERING LENGTHS OF WORK DAYS DURING THE WEEK MAY BE COMPUTED BY MULTIPLYING THE COMPENSATION WHICH WOULD HAVE BEEN RECEIVED FOR THE PARTICULAR PERIOD HAD THEY WORKED THE FULL NUMBER OF HOURS REQUIRED DURING THAT PERIOD (1/360 TIMES THE NUMBER OF DAYS IN THE PERIOD TIMES THE PER ANNUM SALARY RATE) BY THE NUMBER OF HOURS ACTUALLY WORKED DIVIDED BY THE NUMBER OF HOURS THEY SHOULD HAVE WORKED. 11 COMP. GEN. 261, DISTINGUISHED.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF STATE, MARCH 12, 1943:

I HAVE YOUR LETTER OF MARCH 8, 1943, REFERENCE DA, AS FOLLOWS:

REFERENCE IS MADE TO DEPARTMENTAL CIRCULAR 389 DATED DECEMBER 12, 1942 OF THE UNITED STATES CIVIL SERVICE COMMISSION AND VARIOUS DECISIONS OF THE COMPTROLLER GENERAL OF THE UNITED STATES PARTICULARLY B-31628 DATED FEBRUARY 24, 1943 AND OTHER DECISIONS MENTIONED THEREIN PERTAINING TO PART TIME EMPLOYMENT.

THIS DEPARTMENT HAS EMPLOYED SEVERAL JUNIOR CLERKS, CAF-2, $1440 PER ANNUM ON A PART TIME BASIS WITH VARYING PRESCRIBED HOURS OF DUTY. FOR INSTANCE, ONE WAS EMPLOYED TO WORK TWENTY-TWO HOURS PER WEEK BASED ON A FORTY-FOUR HOUR WORK WEEK AND WILL WORK FROM 3 TO 5:30 P.M. MONDAY TO THURSDAY INCLUSIVE, FROM 1:30 TO 5:30 P.M. ON FRIDAY AND FROM 9 A.M. TO 5:30 P.M. ON SATURDAY. ACCORDING TO THE FORMULA PRESCRIBED IN DECISION B- 31628 DATED FEBRUARY 24, 1943 HIS PER ANNUM SALARY IS $720. IT ALSO SEEMS CLEAR FROM THAT DECISION THAT NO DIFFICULTY WILL OCCUR IN PLACING PART TIME EMPLOYEES ON THE PAY ROLL FOR COMPLETE PAY ROLL PERIODS BUT IF LEAVE WITHOUT PAY IS INVOLVED THE REGULAR PROCEDURE FOR FULL TIME EMPLOYEES DOES NOT APPEAR TO BE EQUITABLE IN ALL CASES FOR EITHER THE EMPLOYEE OR THE GOVERNMENT. THEREFORE, IT WOULD APPEAR THAT POSSIBLY A MORE EQUITABLE METHOD SHOULD BE FOUND FOR THE COMPUTATION OF THE AMOUNTS TO BE PAID PART TIME EMPLOYEES FOR FRACTIONAL PERIODS WHERE LEAVE WITHOUT PAY IS INVOLVED. THE SOLUTION MIGHT BE TO PAY THEM FOR THE ACTUAL HOURS WORKED ON A PER ANNUM BASIS FOR THE PERIOD EMPLOYED PROPORTIONATELY TO THE HOURS THEY SHOULD HAVE WORKED. THIS SEEMS EQUITABLE BOTH TO THE GOVERNMENT AND TO THE EMPLOYEE AND WOULD AVOID ANY POSSIBILITY OF IMPROPRIETY ON THE PART OF EITHER THE GOVERNMENT OR THE EMPLOYEE AS INDICATED BY THE FOLLOWING ILLUSTRATIONS:

(1) COMPLETE SEMIMONTHLY PAY PERIODS

IF REQUIRED TO WORK PART TIME DURING THE PERIOD MARCH 1 TO 15 FOR A TOTAL OF 46.5 HOURS ON THE BASIS OF A $1440 PER ANNUM FULL TIME SALARY THE EQUATION WOULD BE:

(A) FOR 46.5 HOURS WORKED: 46.5/46.5 TIMES 15/360 TIMES (22/44 OF $1440) PLUS 10 PERCENT.

(B) FOR 40 HOURS WORKED AND 6.5 HOURS LEAVE WITHOUT PAY: 40/46.5 TIMES 15/360 TIMES (22/44 OF $1440) PLUS 10 PERCENT.

(C) FOR 8 HOURS WORKED AND 38.5 HOURS LEAVE WITHOUT PAY: 8/46.5 TIMES 15/360 TIMES (22/44 OF $1440) PLUS 10 PERCENT.

(2) FOR FRACTIONAL PAY PERIODS

IF DURING THE PERIOD MARCH 10 TO 15 INCLUSIVE (6 DAYS) THE PRESCRIBED HOURS OF DUTY FOR A WORK WEEK ARE 22 AND IF 19.5 HOURS DUTY ARE PRESCRIBED ON THE SIX DAYS INVOLVED THE EQUATION WOULD BE:

(A) FOR 19.5 HOURS WORK AND NO LEAVE WITHOUT PAY: 19.5/19.5 TIMES 6/360 TIMES (22/44 OF $1440) PLUS 10 PERCENT.

(B) FOR 18 HOURS WORK AND 1 1/2 HOURS LEAVE WITHOUT PAY THE EQUATION WOULD BE: 18/19.5 TIMES 6/360 TIMES (22/44 OF $1440) PLUS 10 PERCENT.

(C) FOR 2 1/2 HOURS WORK AND 17 HOURS LEAVE WITHOUT PAY THE EQUATION WOULD BE:2.5/19.5 TIMES 6/360 TIMES (22/44 OF $1440) PLUS 10 PERCENT.

WHERE THE PRESCRIBED HOURS OF DUTY VARY CONSIDERABLY DURING THE WEEK IT IS SUGGESTED THAT YOU MAY ALSO WISH TO GIVE FURTHER CONSIDERATION TO THE COMPUTATION OF THE SALARIES OF PART TIME EMPLOYEES FOR FRACTIONAL PAY PERIODS.

IN AS MUCH AS THIS DEPARTMENT HAS A NUMBER OF THESE PERSONS TO PLACE ON THE PAY ROLL FOR FEBRUARY AND MARCH YOUR VERY URGENT CONSIDERATION AND ADVICE ON THE QUESTIONS PRESENTED WILL BE APPRECIATED.

SECTIONS (6) AND (7) OF DEPARTMENTAL CIRCULAR NO. 389, DATED DECEMBER 12, 1942, ISSUED BY UNITED STATES CIVIL SERVICE COMMISSION PROVIDE AS FOLLOWS:

(6) WORKING HOURS PERMITTED. PART-TIME EMPLOYEES MAY WORK ANY NUMBER OF HOURS PER WEEK UP TO A MAXIMUM OF THREE-FOURTHS THE NUMBER OF HOURS OF THE REGULAR TOUR OF DUTY PRESCRIBED FOR FULL-TIME EMPLOYEES AND MAY WORK DURING PART OR ALL OF ANY SHIFT. THE NUMBER OF HOURS TO BE WORKED PER WEEK, HOWEVER, SHALL BE DEFINITELY FIXED BEFORE THE APPOINTMENT IS EFFECTED AND MAY NOT BE EXCEEDED IN ANY ONE WEEK. ANY CHANGE IN THE TOTAL NUMBER OF HOURS TO BE WORKED PER WEEK SHALL BE A MATTER OF RECORD WITHIN THE DEPARTMENT, BUREAU, OR AGENCY PRIOR TO THE EFFECTIVE DATE OF THE CHANGE.

(7) COMPENSATION. PART-TIME EMPLOYEES WITH A REGULAR TOUR OF DUTY MUST BE PAID A PROPORTIONATE AMOUNT OF THE ANNUAL COMPENSATION FOR FULL-TIME POSITIONS IN THE SAME CLASSIFICATION GRADE. IN OTHER WORDS, THE COMPENSATION SHOULD BE FIXED AT A RATE HAVING THE SAME RELATION TO THE RATE FIXED BY THE CLASSIFICATION ACT FOR FULL-TIME IN A SIMILAR POSITION WHICH THE TIME WORKED BY THE PART-TIME EMPLOYEE BEARS TO THE NUMBER OF HOURS PER WEEK PRESCRIBED BY THE HEAD OF THE AGENCY FOR FULL TIME EMPLOYEES. EXISTING APPOINTMENTS OF PART-TIME EMPLOYEES WHO ARE NOT REGULARLY EMPLOYED FOR SUBSTANTIAL PERIODS AND WHO THEREFORE ARE PROPERLY PAID ON A HOURLY OR DAILY BASIS ARE TO BE DISTINGUISHED FROM THE PART-TIME EMPLOYMENT DESCRIBED HEREIN. (SEE 5 COMP. GEN. 302, 305 AND 11 COMP. GEN. 211, 213 AND 217, 218.)

THE DECISION OF FEBRUARY 24, 1943, B-31628, 22 COMP. GEN. 827, TO THE ADMINISTRATOR OF VETERANS' AFFAIRS, TO WHICH YOU REFER, STATED THE FOLLOWING RULES FOR COMPUTING THE INCREASED COMPENSATION ON A 10 PERCENT BASIS FOR PART-TIME PERSONNEL WHO HAVE A REGULAR TOUR OF DUTY AS DESCRIBED BY THE ABOVE-QUOTED CIVIL SERVICE REGULATION (QUOTING FROM THE SYLLABUS):

THE "BASIC COMPENSATION" OF PART TIME EMPLOYEES, ON WHICH IS TO BE COMPUTED THE 10 PERCENT ADDITIONAL COMPENSATION AUTHORIZED FOR SUCH EMPLOYEES BY THE ACT OF DECEMBER 22, 1942, IS TO BE REGARDED AS THE COMPENSATION LEGALLY FIXED FOR THE POSITION ON DECEMBER 22, 1942, COMPUTED IN THE PROPORTION THAT THE NUMBER OF HOURS PART TIME EMPLOYEES WORK PER WEEK BEARS TO THE NUMBER OF HOURS IN THE WORKWEEK IN EFFECT ON THAT DATE FOR FULL TIME EMPLOYEES, NOTWITHSTANDING A SUBSEQUENT INCREASE IN THE HOURS OF WORK FOR FULL TIME EMPLOYEES AND IRRESPECTIVE OF WHETHER THE PART TIME EMPLOYEES WERE HIRED BEFORE OR AFTER THE DATE OF SUCH EXTENSION OF THE HOURS FOR FULL TIME EMPLOYEES.

IN THE EVENT OF A CHANGE IN THE NUMBER OF HOURS PER WEEK A PART TIME EMPLOYEE IS REQUIRED TO WORK, HIS "BASIC COMPENSATION"--- UPON WHICH THE 10 PERCENT ADDITIONAL COMPENSATION TO WHICH HE IS ENTITLED UNDER THE ACT OF DECEMBER 22, 1942, IS TO BE COMPUTED--- SHOULD BE RECOMPUTED ON THE BASIS OF THE PROPORTION THAT THE NUMBER OF HOURS PER WEEK HE WORKS BEARS TO THE NUMBER OF HOURS IN THE WORKWEEK IN EFFECT FOR FULL TIME EMPLOYEES ON THE DATE OF SAID ACT, IRRESPECTIVE OF ANY INCREASE IN THE WORKWEEK OF FULL TIME EMPLOYEES.

PRIOR TO THE ISSUANCE OF CIVIL SERVICE COMMISSION DEPARTMENTAL CIRCULAR, SUPRA, THE NUMBER OF HOURS WORKED (FIXED FOR PART-TIME EMPLOYEES PAID ON A PER ANNUM BASIS) WERE GENERALLY REQUIRED TO BE THE SAME ON EVERY WORK DAY OF THE YEAR, THAT IS, THE PROPORTION OF FULL TIME REQUIRED WAS NOT COMPUTED ON THE BASIS OF THE WEEK AS NOW AUTHORIZED BY THE CITED DEPARTMENTAL CIRCULAR. HENCE, THE RULE IN EXISTENCE PRIOR TO SAID CIRCULAR TO DEDUCT COMPENSATION FOR ABSENCE WITHOUT PAY WAS STATED AS FOLLOWS (QUOTING FROM THE SYLLABUS OF THE DECISION OF JANUARY 7, 1932, 11 COMP. GEN. 260):

WHERE THE SALARY RATE OF A PART-TIME EMPLOYEE HAS BEEN PROPERLY FIXED ON AN ANNUAL BASIS, DEDUCTION FOR EACH DAY'S ABSENCE FROM DUTY, OR WHEN NOT AVAILABLE FOR DUTY UPON CALL, FOR WHATEVER REASON, SHOULD BE COMPUTED AS 1/360TH OF THE ANNUAL PART-TIME RATE.

NOW THAT THE HOURS OF PART-TIME EMPLOYEES ARE FIXED ON A WEEKLY BASIS, RATHER THAN A DAILY BASIS, REPRESENTING A PROPORTIONATE PART OF THE WEEKLY HOURS OF DUTY FOR FULL-TIME EMPLOYEES IN FORCE ON DECEMBER 22, 1942, RESULTING IN DIFFERING LENGTHS OF WORK DAYS DURING THE WEEK, AS IN THE SITUATIONS PRESENTED--- 2 1/2 HOURS ON 4 DAYS, 4 HOURS ON 1 DAY, AND 8 HOURS ON 1 DAY OF THE WEEK--- THE OLD RULE FOR COMPUTING COMPENSATION LEAVE OF ABSENCE WITHOUT PAY IS TAKEN WOULD NOT BE WORKABLE.

THE RULE SUGGESTED IN THE SECOND PARAGRAPH OF YOUR LETTER, THAT IS,"TO PAY THEM FOR THE ACTUAL HOURS WORKED ON A PER ANNUM BASIS FOR THE PERIOD EMPLOYED (SEMI-MONTHLY PAY PERIODS OR A FRACTION THEREOF) PROPORTIONATELY TO THE HOURS THEY SHOULD HAVE WORKED (DURING THE SAME PERIOD)" IS PRACTICABLE, AND WOULD BE, AS YOU HAVE INDICATED,"EQUITABLE BOTH TO THE GOVERNMENT AND TO THE EMPLOYEE.' THEREFORE, SAID RULE IS HEREBY ADOPTED FOR COMPUTING COMPENSATION OF PART-TIME EMPLOYEES OF THE CLASS HERE INVOLVED, THE APPLICATION OF WHICH RULE IS CORRECTLY REFLECTED IN THE SEVERAL FORMULA ILLUSTRATIONS PRESENTED IN YOUR LETTER.