B-4677, OCTOBER 9, 1939, 19 COMP. GEN. 426

B-4677: Oct 9, 1939

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SUNDAYS AND HOLIDAYS - HOLIDAYS - COMPENSATION - "WHEN ACTUALLY EMPLOYED" EMPLOYEES WHETHER A PERSON IS A "REGULAR EMPLOYEE OF THE FEDERAL GOVERNMENT" WITHIN THE MEANING OF THE HOLIDAY COMPENSATION ACT OF JUNE 29. THE DESIGNATION "WHEN ACTUALLY EMPLOYED" IS NOT THE SOLE DETERMINING FACTOR AS TO WHETHER AN EMPLOYEE SO DESIGNATED IS A "REGULAR EMPLOYEE OF THE FEDERAL GOVERNMENT" WITHIN THE MEANING OF THE HOLIDAY COMPENSATION ACT OF JUNE 29. GENERALLY ONE SO APPOINTED AND PAID DOES NOT HAVE THAT STATUS BECAUSE THE TERM IS ORDINARILY DESCRIPTIVE OF A DAY-TO-DAY WORKER WHO IS NOT REQUIRED TO SERVE FOR CONTINUOUS AND COMPARATIVELY INDEFINITE PERIODS. " WHO ARE ENGAGED FOR INDEFINITE PERIODS OR FOR PERIODS OF NOT LESS THAN SIX MONTHS.

B-4677, OCTOBER 9, 1939, 19 COMP. GEN. 426

SUNDAYS AND HOLIDAYS - HOLIDAYS - COMPENSATION - "WHEN ACTUALLY EMPLOYED" EMPLOYEES WHETHER A PERSON IS A "REGULAR EMPLOYEE OF THE FEDERAL GOVERNMENT" WITHIN THE MEANING OF THE HOLIDAY COMPENSATION ACT OF JUNE 29, 1938, 52 STAT. 1246, DEPENDS UPON ALL THE FACTS WITH RESPECT TO THE PURPOSE, NATURE, TENURE, AND/OR DURATION OF HIS EMPLOYMENT. THE DESIGNATION "WHEN ACTUALLY EMPLOYED" IS NOT THE SOLE DETERMINING FACTOR AS TO WHETHER AN EMPLOYEE SO DESIGNATED IS A "REGULAR EMPLOYEE OF THE FEDERAL GOVERNMENT" WITHIN THE MEANING OF THE HOLIDAY COMPENSATION ACT OF JUNE 29, 1938, 52 STAT. 1246, BUT GENERALLY ONE SO APPOINTED AND PAID DOES NOT HAVE THAT STATUS BECAUSE THE TERM IS ORDINARILY DESCRIPTIVE OF A DAY-TO-DAY WORKER WHO IS NOT REQUIRED TO SERVE FOR CONTINUOUS AND COMPARATIVELY INDEFINITE PERIODS, OR TO BE AT HAND FOR SERVICE IF NOT EXCUSED IN ADVANCE. PER DIEM EMPLOYEES OF THE BUREAU OF RECLAMATION, EVEN THOUGH APPOINTED AND PAID "WHEN ACTUALLY EMPLOYED," WHO ARE ENGAGED FOR INDEFINITE PERIODS OR FOR PERIODS OF NOT LESS THAN SIX MONTHS, NOT INTERMITTENTLY AT THEIR OWN VOLITION, AND NOT INCLUDING TEAMSTERS, VEHICLE OPERATORS, ETC., WHO ARE ENGAGED IN CONNECTION WITH HIRE OF THEIR EQUIPMENT, ARE "REGULAR EMPLOYEES" FOR HOLIDAY COMPENSATION PURPOSES OF THE ACT OF JUNE 29, 1938, 52 STAT. 1246, AND MAY BE PAID ACCORDINGLY IF THEY HAVE BEEN CONTINUOUSLY ON DUTY DURING THE 30 DAYS NEXT PRECEDING THE DAY IN QUESTION AND IF ALL CONDITIONS OF THE STATUTE HAVE BEEN MET, AND THE HOLIDAYS FOR WHICH THEY MAY BE PAID INCLUDE MONDAYS AND OTHER DAYS (OBSERVED WHERE HOLIDAYS FALL ON SUNDAYS) SPECIFIED IN EXECUTIVE ORDER NO. 1076, MAY 22, 1909.

COMPTROLLER GENERAL BROWN TO THE SECRETARY OF THE INTERIOR, OCTOBER 9, 1939:

THERE HAS BEEN CONSIDERED YOUR LETTER OF AUGUST 23, 1939, AS FOLLOWS:

I HAVE RECEIVED YOUR LETTER OF JULY 17 (B-4677), QUOTING FROM A COPY OF A LETTER OF JUNE 11 ADDRESSED TO SENATOR PATRICK MCCARRAN OF NEVADA BY THE PRESIDENT OF THE INTERNATIONAL ASSOCIATION OF MACHINISTS LOCAL 845, BOULDER CITY, NEVADA, REGARDING THE QUESTION OF HOLIDAY PAY FOR EMPLOYEES ON THE BOULDER CANYON PROJECT, AND REQUESTING A REPORT AS TO THE STATUS OF THE EMPLOYEES INVOLVED AND AS TO THE REASON FOR ALLOWING PAY FOR ONE HOLIDAY AND NOT THE OTHER, IF SUCH BE THE FACTS.

THE EMPLOYEES IN QUESTION, AS IN THE CASE OF A LARGE NUMBER OF OTHER EMPLOYEES ENGAGED ON CONSTRUCTION AND MAINTENANCE OF RECLAMATION PROJECTS OF THE BUREAU OF RECLAMATION, ARE UNCLASSIFIED WORKERS (LABORERS, ETC.) AND CLASSIFIED SKILLED WORKERS (MECHANICS, MACHINISTS, ETC.) THE EMPLOYEES IN QUESTION ARE PAID FROM REGULAR APPROPRIATIONS, WHILE ON OTHER PROJECTS THE SAME CLASS OF EMPLOYEES MAY BE PAID FROM REGULAR APPROPRIATIONS, PUBLIC WORKS OR EMERGENCY RELIEF APPROPRIATION (1935 AND 1937) ALLOCATIONS. UNCLASSIFIED WORKERS ARE EMPLOYED DIRECTLY BY THE BUREAU FROM THE LOCAL LABOR SUPPLY, AND SKILLED WORKERS, IN THE CASE WHERE REGULAR APPROPRIATIONS ARE USED TO PAY SERVICE EARNINGS, ARE OBTAINED THROUGH CIVIL-SERVICE PROCEDURE.

EMPLOYMENTS ARE NOT MADE FOR ANY DEFINITE OR FIXED PERIOD OF TIME, CONTINUITY OF EMPLOYMENT DEPENDING UPON DURATION OF THE ACTIVITY OR WORK TO BE PERFORMED, SUSPENSIONS OF OPERATIONS ON ACCOUNT OF WEATHER CONDITIONS OR OTHER CAUSES, DISCHARGE FOR ANY REASON, OR THE EMPLOYEE DISCONTINUING WORK OR BEING INTERMITTENTLY EMPLOYED AT HIS OWN VOLITION.

COMPENSATION RATES ARE FIXED, AS TO MAXIMUM, BY THE SECRETARY OF THE INTERIOR, AT VARYING RATES PER DAY, DEPENDING ON THE OCCUPATIONAL CLASSIFICATION, EIGHT HOURS CONSTITUTING A DAY'S WORK AND FORTY HOURS A WORK WEEK. ON SOME WORK, FORTY-EIGHT HOURS CONSTITUTE A WORK WEEK. EMPLOYEES ARE PAID THE FIXED RATES OF COMPENSATION FOR WORK ACTUALLY PERFORMED.

THE ACT OF JUNE 29, 1938 ( PUB. RES. NO. 127, 75TH CONGRESS), WAS MADE THE SUBJECT OF A CIRCULAR LETTER TO THE FIELD OFFICES OF THE BUREAU OF RECLAMATION, A COPY OF WHICH WAS FILED IN YOUR OFFICE. IN THESE INSTRUCTIONS A REGULAR EMPLOYEE WAS DEFINED AS FOLLOWS:

"A REGULAR EMPLOYEE IS A PERSON EMPLOYED FOR AN INDEFINITE PERIOD AND CONTINUING SERVICE AND NOT BY THE DAY OR HOUR INTERMITTENTLY FOR JOBS OF FIXED AND SHORT DURATION OR FOR A SPECIFIC PIECE OF WORK, WHETHER THEIR COMPENSATION IS MEASURED BY PIECE WORK, HOUR, OR DAY.' THE INSTRUCTIONS PROVIDED FURTHER:

"A REGULAR EMPLOYEE WHETHER PAID BY THE PIECE, HOUR, OR DAY, RELIEVED OR PREVENTED FROM WORKING SOLELY BECAUSE OF THE OCCURRENCE OF A HOLIDAY OR ANY OTHER DAY DECLARED A HOLIDAY BY FEDERAL STATUTE OR EXECUTIVE ORDER, OR ANY DAY ON WHICH WORK IS SUSPENDED BY EXECUTIVE ORDER WILL BE PAID THE SAME PAY FOR SUCH DAY AS FOR OTHER DAYS ON WHICH AN ORDINARY DAY'S WORK IS PERFORMED, PROVIDED THAT THE DAY THE EMPLOYEE IS RELIEVED FROM WORK UNDER THE JOINT RESOLUTION OTHERWISE WOULD HAVE BEEN A WORK DAY WITHIN THE EMPLOYEE'S WORK WEEK (40-HOUR OR 48-HOUR WEEK). IF THE HOLIDAY OR THE OTHER DAY THE DEPARTMENT IS CLOSED BY EXECUTIVE ORDER DOES NOT FALL WITHIN THE EMPLOYEE'S WORK WEEK, THE EMPLOYEE IS NOT ENTITLED TO PAY FOR SUCH DAY.

"SPECIAL ATTENTION IS INVITED TO THE WORD "SOLELY.' IF FOR ANY REASON AN EMPLOYEE'S PAY STATUS IS BROKEN IMMEDIATELY BEFORE OR AFTER THE HOLIDAY OR OTHER DAY HE IS RELIEVED FROM WORK BY EXECUTIVE ORDER OR THE SAME COMES WITHIN A PERIOD THAT HE IS IN A NONPAY STATUS, THE EMPLOYEE IS NOT ENTITLED TO GRATUITY PAY. AN EMPLOYEE WORKING FIVE DAYS PER WEEK, MONDAY TO FRIDAY, INCLUSIVE, AND RESUMES WORK ON MONDAY OF THE FOLLOWING WEEK, WILL BE CONSIDERED IN A CONTINUING PAY STATUS AND WILL BE ENTITLED TO GRATUITY PAY FOR LABOR DAY, MONDAY, SEPTEMBER 5, 1938.

" "DOUBLE PAY.' AS THE JOINT RESOLUTION REPEALS THE ACT OF JANUARY 6, 1885, ANY EMPLOYEE WHO IS REQUIRED TO WORK ON A HOLIDAY OR ON ANY OTHER DAY THE DEPARTMENT IS CLOSED BY EXECUTIVE ORDER IS ENTITLED TO PAY FOR ACTUAL WORK PERFORMED. SUCH EMPLOYEE IS NOT ENTITLED TO SO CALLED DOUBLE PAY OR HOLIDAY PAY PLUS PAY FOR ACTUAL WORK PERFORMED ON SUCH DAYS.'

THE INSTRUCTIONS WERE ISSUED AFTER INFORMAL CONFERENCE BETWEEN A BUREAU OF RECLAMATION EMPLOYEE AND A MEMBER OF THE GENERAL COUNSEL'S OFFICE. THE DECISIONS OF THE COMPTROLLER GENERAL WERE CAREFULLY STUDIED TO DETERMINE WHETHER OR NOT THE APPLICATION OF PUBLIC RESOLUTION 127 TO THE EMPLOYEES OF THE BUREAU OF RECLAMATION, AS SET FORTH IN ITS INSTRUCTIONS TO THE FIELD OFFICES, WAS IN ACCORD THEREWITH. DECISION A-97193 (18 COMP. GEN. 186) APPEARED TO CONFIRM THE BUREAU'S INTERPRETATION OF PUBLIC RESOLUTION 127.

HOWEVER, YOUR DECISION B-1415, DATED MARCH 6, 1939, STATES AS FOLLOWS:

"PER DIEM EMPLOYEES APPOINTED AND PAID UPON THE BASIS OF "WHEN ACTUALLY EMPLOYED" ARE EMPLOYED FROM DAY TO DAY RATHER THAN ON A REGULAR BASIS AND ARE PAID FOR THE DAYS THEY ACTUALLY WORK. THE TERMS OF THEIR APPOINTMENTS PRECLUDE PAYMENT OF COMPENSATION TO THEM FOR ANY DAY ON WHICH THEY DO NOT WORK, INCLUDING HOLIDAYS. HENCE THEY ARE NOT TO BE REGARDED AS "REGULAR EMPLOYEES" OF THE FEDERAL GOVERNMENT WHOSE COMPENSATION IS FIXED AT A RATE PER DAY * * * RELIEVED OR PREVENTED FROM WORKING SOLELY BECAUSE OF THE OCCURRENCE OF A HOLIDAY WITHIN THE MEANING OF THE HOLIDAY STATUTE OF JUNE 29, 1938, 52 STAT. 1246.'

AS THE EMPLOYEES IN QUESTION, AS IN THE CASE OF OTHER SIMILAR EMPLOYEES IN THE BUREAU OF RECLAMATION, ARE PAID ON THE BASIS "WHEN ACTUALLY EMPLOYED" AND EMPLOYMENTS ARE INDEFINITE, THE DURATION AND CONTINUITY OF WHICH MAY VARY FROM PERIODS OF LESS THAN SIX MONTHS TO PERIODS EXTENDING OVER SEVERAL YEARS, THE BUREAU OF RECLAMATION SUSPENDED PAYMENT OF HOLIDAY PAY FOR MAY 30 AND JULY 4.

IN THIS CONNECTION, I WISH TO STATE THAT ORGANIZED LABOR AT THE BOULDER CANYON PROJECT ALSO QUESTIONED THE BUREAU'S ACTION OF ALLOWING NO HOLIDAY PAY FOR DECEMBER 24, 26, 31, AND JANUARY 2.

EXECUTIVE ORDER NO. 8022 PROVIDED THAT "THE SEVERAL EXECUTIVE DEPARTMENTS * * * IN THE DISTRICT OF COLUMBIA * * * SHALL BE CLOSED ALL DAY ON SATURDAY, DECEMBER 24, 1938, * * * AND ALL DAY ON DECEMBER 31, 1938," BUT MERELY EXCUSED EMPLOYEES IN THE FIELD SERVICE FROM DUTY ON THOSE DAYS. HOLIDAY PAY FOR THOSE DAYS WAS DENIED IN THE CASE OF PER DIEM EMPLOYEES ON A 40-HOUR WEEK BECAUSE SATURDAY WAS A NONWORK DAY OF THE ESTABLISHED 40- HOUR WEEK, MONDAY TO FRIDAY, AND IN THE CASE OF EMPLOYEES ON A 48-HOUR WEEK BECAUSE THE EMPLOYEES WERE NOT RELIEVED OR PREVENTED FROM WORKING BY AN EXECUTIVE ORDER WHICH DECLARED THOSE DAYS HOLIDAYS OR CLOSED THE FIELD OFFICES OF THE EXECUTIVE DEPARTMENTS. HOLIDAY PAY FOR JULY 3 WAS NOT PAID TO ANY EMPLOYEE NOT PERFORMING WORK, BECAUSE THE EXECUTIVE ORDER DID NOT DECLARE JULY 3 A HOLIDAY AND DID NOT CLOSE THE WORK.

PAYMENT OF HOLIDAY PAY FOR DECEMBER 26 AND JANUARY 2 WAS NOT MADE FOR THE REASON THAT NO EXECUTIVE ORDER WAS ISSUED SUBSEQUENT TO THE ENACTMENT OF THE HOLIDAY STATUTE OF JUNE 29, 1938, WHICH CLOSED THE DEPARTMENTS AND ESTABLISHMENTS OF THE GOVERNMENT ON THOSE DAYS. IT WOULD SEEM, HOWEVER, THAT EXECUTIVE ORDER NO. 1076, DATED MAY 22, 1909, IS STILL EFFECTIVE AND COMES WITHIN THE PURVIEW OF THE SAID STATUTE.

IF, UNDER YOUR DECISION B-1415, SUPRA, THE EMPLOYEES IN QUESTION ARE NOT "REGULAR EMPLOYEES," THE PROPRIETY OF THE BUREAU'S ACTION TAKEN IN ALLOWING NO PAYMENT OF HOLIDAY PAY FOR DECEMBER 24, 26, 31, JANUARY 2, AND JULY 3 WOULD SEEM CLEAR. IF, HOWEVER, SAID DECISION HAS BEEN MISCONSTRUED AND PER DIEM EMPLOYEES OF THE BUREAU ARE REGULAR EMPLOYEES AND ENTITLED TO HOLIDAY PAY, YOUR ADVICE IS REQUESTED AS TO WHETHER PAYMENTS OF HOLIDAY PAY SHOULD BE MADE TO PER DIEM EMPLOYEES FOR THOSE DAYS, WHEN SUCH DAYS FALL WITHIN THE EMPLOYEES' WORK WEEK.

I TRUST THAT THE SUBJECT MATTER OF THIS LETTER MAY BE GIVEN PROMPT CONSIDERATION, SO THAT PROPER STEPS MAY BE TAKEN TO INSTRUCT THE FIELD OFFICES OF THE BUREAU OF RECLAMATION REGARDING HOLIDAY PAY FOR LABOR DAY, MONDAY, SEPTEMBER 4.

THE ACT OF JUNE 29, 1938, 52 STAT. 1246, READS IN PART:

THAT HEREAFTER WHENEVER REGULAR EMPLOYEES OF THE FEDERAL GOVERNMENT WHOSE COMPENSATION IS FIXED AT A RATE PER DAY, PER HOUR, OR ON A PIECE WORK BASIS ARE RELIEVED OR PREVENTED FROM WORKING SOLELY BECAUSE OF THE OCCURRENCE OF A HOLIDAY SUCH AS NEW YEAR'S DAY, WASHINGTON'S BIRTHDAY, MEMORIAL DAY, FOURTH OF JULY, LABOR DAY, THANKSGIVING DAY, CHRISTMAS DAY, OR ANY OTHER DAY DECLARED A HOLIDAY BY FEDERAL STATUTE OR EXECUTIVE ORDER, OR ANY DAY ON WHICH THE DEPARTMENTS AND ESTABLISHMENTS OF THE GOVERNMENT ARE CLOSED BY EXECUTIVE ORDER, THEY SHALL RECEIVE THE SAME PAY FOR SUCH DAYS AS FOR OTHER DAYS ON WHICH AN ORDINARY DAY'S WORK IS PERFORMED.

WHO MAY BE A REGULAR EMPLOYEE OF THE FEDERAL GOVERNMENT, WITH COMPENSATION FIXED AS SPECIFIED IN THE STATUTE, DEPENDS UPON ALL THE FACTS WITH RESPECT TO THE PURPOSE, NATURE, TENURE, AND/OR DURATION OF HIS EMPLOYMENT. GENERALLY, AS STATED IN THE DECISION FROM WHICH YOU QUOTE (B- 1415, MARCH 6, 1939), ONE APPOINTED AND PAID ON THE BASIS OF "WHEN ACTUALLY EMPLOYED" DOES NOT HAVE THAT STATUS (REGULAR EMPLOYEE OF FEDERAL GOVERNMENT) FOR THE REASON SUCH TERM IS ORDINARILY DESCRIPTIVE OF A DAY-TO -DAY WORKER WHO IS NOT REQUIRED TO SERVE FOR CONTINUOUS AND COMPARATIVELY INDEFINITE PERIODS, OR TO BE AT HAND FOR SERVICE IF NOT EXCUSED IN ADVANCE. THE DESIGNATION,"WHEN ACTUALLY EMPLOYED" IS NOT, THEREFORE, THE SOLE DETERMINATIVE FACTOR, AND THERE MAY BE CASES WHERE IT IS INACCURATELY INCLUDED IN, OR OMITTED FROM, A LETTER OF APPOINTMENT. SEE, FOR EXAMPLE, 16 COMP. GEN. 442, WHERE A SO-CALLED PERMANENT EMPLOYEE WAS FOUND IN FACT TO OCCUPY THE STATUS OF ONE "WHEN ACTUALLY EMPLOYED.' CONVERSELY, SEE 14 COMP. GEN. 818.

WITH RESPECT TO THE PER DIEM EMPLOYEES OF THE BUREAU OF RECLAMATION, THE FACTS STATED IN YOUR LETTER SUGGEST THAT EITHER STATUS MAY THERE EXIST. AT THE OUTSET, ONE WHO IS, QUOTING FROM THE THIRD PARAGRAPH OF YOUR LETTER,"INTERMITTENTLY EMPLOYED AT HIS OWN VOLITION"--- IF, AS INFERRED, THIS IMPLIES THAT HE MAY OR MAY NOT REPORT FOR WORK AS AND WHEN HE CHOOSES --- CANNOT QUALIFY AS A REGULAR EMPLOYEE IN ANY SENSE. LIKEWISE, TEAMSTERS AND VEHICLE OPERATORS WHO ARE ENGAGED IN CONNECTION WITH THE HIRE OF THEIR EQUIPMENT ARE NOT SUCH EMPLOYEES (SEE PARAGRAPH 9 OF BUREAU OF RECLAMATION CIRCULAR LETTER OF AUGUST 29, 1938, OTHERWISE QUOTED IN YOUR LETTER). ALSO, THOSE EMPLOYED FOR DEFINITE PERIODS OF LESS THAN 6 MONTHS DO NOT ACQUIRE SUCH STATUS (18 COMP. GEN. 481).

ON THE OTHER HAND, YOUR LETTER INDICATES THAT SOME OF THESE PER DIEM EMPLOYEES MAY HAVE BEEN CONTINUOUSLY ON THE ROLLS FOR SEVERAL YEARS. ALSO, IT IS EVIDENT FROM THE BUREAU'S CIRCULAR LETTER OF AUGUST 19, 1937, THAT ANY WHO HAVE COMPLETED 5 YEARS' CONTINUOUS SERVICE ARE SUBJECT TO THE RETIREMENT ACT, WHICH, IT IS NOTED, INCLUDES ONLY "EMPLOYEES WHOSE TENURE OF EMPLOYMENT IS NOT INTERMITTENT NOR OF UNCERTAIN DURATION" (5 U.S.C. 693 (D) ). REFERENCE IS MADE IN THIS CONNECTION TO SECTION 1 (E), AND 19 (F) OF THE UNIFORM ANNUAL LEAVE REGULATIONS (5), E.O. 7845, MARCH 21, 1938), UNDER WHICH IT APPEARS THE EMPLOYEES HERE IN QUESTION ACCUMULATE ANNUAL LEAVE WHEN CONTINUOUSLY EMPLOYED FOR AT LEAST ONE MONTH, AND AS TO WHICH IT WAS SAID IN 17 COMP. GEN. 1017, AT PAGE 1019:

* * * THE APPARENT PURPOSE OF THE DEFINITION OF INDEFINITE EMPLOYEES WAS PRIMARILY TO DISTINGUISH BETWEEN EMPLOYEES WHO ARE REQUIRED TO BE AVAILABLE FOR DUTY DURING THE PERIOD OF THEIR INDEFINITE APPOINTMENTS ALTHOUGH PAID "ONLY WHEN ACTUALLY EMPLOYED," AND PART-TIME OR INTERMITTENT EMPLOYEES WHO ARE NOT REQUIRED TO BE AVAILABLE FOR DUTY EXCEPT DURING THE TIME THEY ACTUALLY WORK. * * * SEE ALSO, 18 COMP. GEN. 400, COPY OF WHICH WAS CIRCULATED BY THE BUREAU UNDER DATE OF DECEMBER 2, 1938. FURTHERMORE, IN 5 COMP. GEN. 312, CERTAIN PER DIEM EMPLOYEES OF THE FORMER RECLAMATION SERVICE WHO WERE PAID ONLY FOR THE DAYS THEY ACTUALLY WORKED WERE FOUND, BY REASON OF THEIR RELATIVELY CONTINUOUS SERVICE, TO BE ENTITLED TO HOLIDAY PAY UNDER THE STATUTES THEN IN FORCE, IT APPEARING THEY WERE "EMPLOYED PERMANENTLY AS DISTINGUISHED FROM EMPLOYMENT FROM DAY TO DAY OR FOR BRIEF, DEFINITE PERIODS" (CF. 3 COMP. GEN. 411).

BY ANALOGY, IT MAY BE CONCLUDED, THEREFORE, THAT PER DIEM EMPLOYEES, EVEN THOUGH APPOINTED AND PAID "WHEN ACTUALLY EMPLOYED," WHO ARE ENGAGED FOR INDEFINITE PERIODS OR FOR PERIODS OF NOT LESS THAN 6 MONTHS, NOT INTERMITTENTLY AT THEIR OWN VOLITION, AND NOT INCLUDING "TEAMSTERS," ETC., REFERRED TO ABOVE, OR OTHERS IN SUCH STATUS, MAY FOR THE PURPOSE OF THE HOLIDAY STATUTE BE CONSIDERED "REGULAR EMPLOYEES OF THE FEDERAL GOVERNMENT" AND RECEIVE THEIR REGULAR PAY FOR STATUTORY OR EXECUTIVE ORDER HOLIDAYS, WHETHER WORKING OR NOT, AND FOR ANY OTHER DAYS ON WHICH THEY ARE "RELIEVED OR PREVENTED FROM WORKING SOLELY BECAUSE OF THE OCCURRENCE OF * * * ANY DAY ON WHICH THE DEPARTMENTS AND ESTABLISHMENTS OF THE GOVERNMENT ARE CLOSED BY EXECUTIVE ORDER," PROVIDED SUCH EMPLOYEES HAVE BEEN CONTINUOUSLY ON DUTY DURING THE 30 DAYS NEXT PRECEDING THE DAY IN QUESTION, AND PROVIDED ALL OTHER CONDITIONS OF THE STATUTE HAVE BEEN MET. SEE DECISIONS IN 18 COMP. GEN. AT PAGES 186, 191, 206, 259, 378, 481, 575, AND 673; AND PARTICULARLY, DECISION OF SEPTEMBER 9, 1939, B-5294, 19 COMP. GEN. 337. TO THE EXTENT, IF ANY, THAT THE PERSONNEL INVOLVED IN THE DECISION OF MARCH 6, 1939, B-1415, ARE EMBRACED UNDER THE CATEGORY OF "REGULAR EMPLOYEES" JUST DESCRIBED, THAT DECISION IS MODIFIED ACCORDINGLY. THE HOLIDAYS FOR WHICH SUCH EMPLOYEES MAY BE PAID INCLUDE, OF COURSE, THE MONDAYS AND OTHER DAYS SPECIFIED IN THE EXECUTIVE ORDER TO WHICH YOU REFER, NO. 1076 OF MAY 22, 1909, WHICH READS:

IT IS HEREBY ORDERED THAT ALL OFFICES OF THE GOVERNMENT, ARSENALS, NAVY YARDS AND STATIONS, AND OTHER GOVERNMENT ESTABLISHMENTS SHALL, WHEN THE FIRST DAY OF JANUARY, THE TWENTY-SECOND DAY OF FEBRUARY, THE THIRTIETH DAY OF MAY, THE FOURTH DAY OF JULY AND THE TWENTY-FIFTH DAY OF DECEMBER, FALL ON THE FIRST DAY OF THE WEEK, COMMONLY CALLED SUNDAY, BE CLOSED TO PUBLIC BUSINESS ON THE FOLLOWING MONDAY AND THAT ALL EMPLOYEES IN THE PUBLIC SERVICE, WHEREVER EMPLOYED, WHO WOULD BE EXCUSED FROM WORK ON THE ABOVE- NAMED DAYS BE EXCUSED ON THE FOLLOWING MONDAY WHEN SAID DAYS FALL ON THE FIRST DAY OF THE WEEK, COMMONLY CALLED SUNDAY,EXCEPTING THAT WHERE A STATE LAW FIXES FOR A HOLIDAY ANOTHER DAY THAN THE MONDAY FOLLOWING SUCH LEGAL HOLIDAY, THE GOVERNMENT OFFICES AND OTHER GOVERNMENT ESTABLISHMENTS SITUATED IN SUCH STATES SHALL CLOSE AND EMPLOYEES IN THE PUBLIC SERVICE SHALL BE EXCUSED ON THAT DAY WHICH IS IN CONFORMITY TO STATE LAW. SEE 1 COMP. GEN. 447.

IF, IN THE APPLICATION OF THE ABOVE, THERE ARE FOUND AMONG THE EMPLOYEES REFERRED TO IN YOUR LETTER ANY WHO APPEAR TO BE ENTITLED TO WAGES FOR ANY OF THE DAYS IN QUESTION, THERE MAY BE SUBMITTED HERE FOR DIRECT SETTLEMENT A SUPPLEMENTAL PAY ROLL BEARING THEIR SIGNATURES AND ADDRESSES, WITH A VOUCHER REFERENCE TO THE ROLLS UPON WHICH DEDUCTION, IF ANY, WAS MADE FOR THOSE DAYS, ACCOMPANIED BY A STATEMENT OF ALL RELEVANT DATA IN THE MATTER.