B-57321, JUNE 6, 1946, 25 COMP. GEN. 836

B-57321: Jun 6, 1946

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COMPENSATORY TIME - HOLIDAY OCCURRING ON NON-WORKDAY THERE IS NO AUTHORITY UNDER THE FEDERAL EMPLOYEES PAY ACT OF 1945 FOR VETERANS' ADMINISTRATION HOSPITAL EMPLOYEES WHO HAVE A 44-HOUR WORKWEEK BEGINNING ON SUNDAY WITH SOME OTHER DAY OF THE CALENDAR WEEK SCHEDULED AS A NON-WORKDAY TO BE PAID COMPENSATION AT ANY RATE. FOR A HOLIDAY OCCURRING ON THEIR SCHEDULED NON-WORKDAY ON WHICH NO DUTY IS PERFORMED. 1946: REFERENCE IS MADE TO YOUR LETTER OF APRIL 12. AS FOLLOWS: THE NORMAL BASIC WORKWEEK OF THE VETERANS ADMINISTRATION IS 40 HOURS PER WEEK FOR SERVICE RENDERED 8 HOURS PER DAY MONDAY THROUGH FRIDAY WITH AN ADMINISTRATIVE WORKWEEK OF 44 HOURS. IN ORDER TO MEET THE DEMANDS OF EFFECTIVE SERVICE AT VETERANS ADMINISTRATION HOSPITALS IT IS NECESSARY THAT THE WORKWEEKS OF CERTAIN CLASSES OF OPERATING EMPLOYEES BEGIN ON SUNDAY INSTEAD OF MONDAY.

B-57321, JUNE 6, 1946, 25 COMP. GEN. 836

COMPENSATION; COMPENSATORY TIME - HOLIDAY OCCURRING ON NON-WORKDAY THERE IS NO AUTHORITY UNDER THE FEDERAL EMPLOYEES PAY ACT OF 1945 FOR VETERANS' ADMINISTRATION HOSPITAL EMPLOYEES WHO HAVE A 44-HOUR WORKWEEK BEGINNING ON SUNDAY WITH SOME OTHER DAY OF THE CALENDAR WEEK SCHEDULED AS A NON-WORKDAY TO BE PAID COMPENSATION AT ANY RATE--- REGULAR OR OVERTIME-- - OR TO BE GRANTED COMPENSATORY TIME OFF FROM DUTY, FOR A HOLIDAY OCCURRING ON THEIR SCHEDULED NON-WORKDAY ON WHICH NO DUTY IS PERFORMED, REGARDLESS OF THE DAY OF THE CALENDAR WEEK ON WHICH THE HOLIDAY OCCURS OR WHETHER IT OCCURS PRIOR OR SUBSEQUENT TO COMPLETION OF THE 40-HOUR BASIC WORKWEEK.

COMPTROLLER GENERAL WARREN TO THE ADMINISTRATOR OF VETERANS' AFFAIRS, JUNE 6, 1946:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 12, 1946, AS FOLLOWS:

THE NORMAL BASIC WORKWEEK OF THE VETERANS ADMINISTRATION IS 40 HOURS PER WEEK FOR SERVICE RENDERED 8 HOURS PER DAY MONDAY THROUGH FRIDAY WITH AN ADMINISTRATIVE WORKWEEK OF 44 HOURS, THE NORMAL OVERTIME PAY BEING BASED ON SERVICE OF 4 HOURS RENDERED ON SATURDAY. IN ORDER TO MEET THE DEMANDS OF EFFECTIVE SERVICE AT VETERANS ADMINISTRATION HOSPITALS IT IS NECESSARY THAT THE WORKWEEKS OF CERTAIN CLASSES OF OPERATING EMPLOYEES BEGIN ON SUNDAY INSTEAD OF MONDAY. AN EMPLOYEE WORKING ON SUNDAY IS GRANTED A IN- LIEU DAY DURING THE WEEK WHICH MAY BE SCHEDULED ON ANY DAY, INCLUDING SATURDAY. WHERE SUNDAY IS A WORK DAY AND SATURDAY IS SCHEDULED AS THE IN- LIEU DAY, FRIDAY BECOMES THE OVERTIME DAY FOR THAT EMPLOYEE FOR THAT PARTICULAR CALENDAR WEEK, ASSUMING OTHER REQUIREMENTS FOR OVERTIME ARE MET. LIKEWISE, WHEN FRIDAY IS SCHEDULED AS THE IN-LIEU DAY, SATURDAY BECOMES THE OVERTIME DAY FOR THAT CALENDAR WORKWEEK.

IN THIS CONNECTION QUESTIONS HAVE ARISEN AS TO COMPUTATION OF SALARY PAYMENTS IN CASES IN WHICH THE SCHEDULED IN-LIEU DAY OF AN EMPLOYEE FALLS ON A HOLIDAY, WHICH CIRCUMSTANCES AT TIMES CANNOT BE AVOIDED IN MAINTAINING SCHEDULES FOR CERTAIN CLASSES OF HOSPITAL PERSONNEL.

INASMUCH AS THIS ADMINISTRATION IS NOT AWARE OF ANY REGULATION OR DECISION COVERING THIS SUBJECT, YOUR DECISION IN THE FOLLOWING SPECIMEN CASES IS REQUESTED.

EXAMPLE 1 DAY OF WEEK: FEBRUARY, 1946 HOURS WORKED

SUNDAY --------------------------------- 17 8

MONDAY --------------------------------- 18 8

TUESDAY -------------------------------- 19 8

WEDNESDAY ------------------------------ 20 8

THURSDAY ------------------------------- 21 8

FRIDAY --------------------------------- 22 (HOLIDAY 10

IN-LIEU DAY)

SATURDAY ------------------------------- 23 4

SINCE THIS EMPLOYEE'S IN-LIEU DAY FELL ON A HOLIDAY WHICH OCCURRED AFTER THE COMPLETION OF THE 40-HOUR BASIC WORKWEEK AND EMPLOYEE DID NOT WORK ON THAT DAY, IS HE (1) ENTITLED TO RECEIVE REGULAR PAY FOR THE HOLIDAY UNDER THE PROVISIONS OF PUBLIC LAW 106--- 79TH CONGRESS; AND (2) IS HE ENTITLED TO AN ADDITIONAL DAY OFF DUTY TO COMPENSATE FOR THE FACT THAT HIS IN-LIEU DAY, WHICH REPRESENTS HIS SUNDAY, FELL ON A HOLIDAY?

EXAMPLE 2 DAY OF WEEK: MAY--- JUNE 1946 HOURS WORKED

SUNDAY --------------------------------- MAY 26 8

MONDAY --------------------------------- MAY 27 8

TUESDAY -------------------------------- MAY 28 8

WEDNESDAY ------------------------------ MAY 29 8

THURSDAY ------------------------------- MAY 30 (HOLIDAY 10

IN-LIEU DAY)

FRIDAY --------------------------------- MAY 31 8

SATURDAY ------------------------------- JUNE 1 4

IN EXAMPLE 2, THE EMPLOYEE'S IN-LIEU DAY FELL ON A HOLIDAY ( THURSDAY) PRIOR TO THE COMPLETION OF THE 40-HOUR BASIC WORKWEEK. IN THIS INSTANCE (1) TO WHAT PAYMENT WOULD THE EMPLOYEE BE ENTITLED UNDER PUBLIC LAW 106--- 79TH CONGRESS FOR THE ABOVE CITED CALENDAR WEEK; AND (2) WOULD HE BE ENTITLED TO AN ADDITIONAL IN-LIEU DAY DURING THIS CALENDAR WEEK OR THE SUCCEEDING WEEK?

IN VIEW OF THE NUMBER OF EMPLOYEES OF THIS ADMINISTRATION WHO WILL BE AFFECTED BY YOUR DECISION, IT WILL BE APPRECIATED IF EARLY CONSIDERATION MAY BE GIVEN TO THE QUESTIONS SUBMITTED.

UNDER THE PROVISIONS OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, 59 STAT. 295, 304, THE BASIC PER ANNUM RATE OF COMPENSATION OF AN EMPLOYEE WHO IS WITHIN THE PURVIEW OF THAT ACT IS REGARDED AS PAYMENT FOR EMPLOYMENT DURING 52 BASIC ADMINISTRATIVE WORKWEEKS OF 40 HOURS. HENCE, THERE IS NO PROVISION IN THAT ACT FOR THE PAYMENT OF COMPENSATION AT ANY RATE FOR A HOLIDAY NOT OCCURRING ON ONE OF THE REGULAR WORKDAYS OF THE 40-HOUR BASIC WORKWEEK. SEE QUESTION AND ANSWER 6 IN DECISION OF SEPTEMBER 4, 1945, B- 51947 (25 COMP. GEN. 254).

THE ONLY AUTHORITY FOR GRANTING COMPENSATORY TIME OFF FROM DUTY TO EMPLOYEES WHO ARE WITHIN THE PURVIEW OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, SUPRA, IS CONTAINED IN SECTION 202 (A) OF THAT ACT, 59 STAT. 297, WHICH PROVIDES FOR THE GRANTING OF SUCH TIME OFF TO THOSE PER ANNUM EMPLOYEES WHO REQUEST IT IN LIEU OF OVERTIME COMPENSATION FOR IRREGULAR OR OCCASIONAL OVERTIME IN EXCESS OF 48 HOURS IN ANY REGULARLY SCHEDULED ADMINISTRATIVE WORKWEEK. IT IS FOR NOTING THAT THE FEDERAL EMPLOYEES PAY ACT OF 1946, PUBLIC LAW 390, APPROVED MAY 24, 1946, 60 STAT. 218, EFFECTIVE JULY 1, 1946, AMENDS THAT SECTION BY PROVIDING FOR COMPENSATORY TIME OFF FOR IRREGULAR OR OCCASIONAL OVERTIME IN EXCESS OF 40 HOURS IN ANY ADMINISTRATIVE WORKWEEK. CLEARLY, THAT PROVISION AS AMENDED HAS NO APPLICATION TO HOLIDAYS OCCURRING ON A NON-WORKDAY ON WHICH NO DUTIES ARE PERFORMED, AND IT MUST BE CONCLUDED THAT NO AUTHORITY EXISTS WHEREBY COMPENSATORY TIME OFF MAY BE GRANTED FOR SUCH DAYS. SEE DECISION OF APRIL 29, 1946, B-56961.

ACCORDINGLY, IN THE ABSENCE OF SPECIFIC STATUTORY AUTHORITY THEREFOR, AN EMPLOYEE MAY NOT BE PAID COMPENSATION AT ANY RATE--- REGULAR OR OVERTIME-- - NOR BE GRANTED COMPENSATORY TIME OFF FOR A HOLIDAY OCCURRING ON A NON- WORKDAY ON WHICH NO DUTY IS PERFORMED REGARDLESS OF THE DAY OF THE CALENDAR WEEK ON WHICH SUCH HOLIDAY OCCURS. THEREFORE, THE QUESTIONS PRESENTED IN YOUR LETTER UNDER EXAMPLE NO. 1 ARE ANSWERED IN THE NEGATIVE.

IN VIEW OF THE FOREGOING, THE QUESTIONS PRESENTED UNDER EXAMPLE NO. 2 ALSO ARE ANSWERED IN THE NEGATIVE, SINCE IT IS IMMATERIAL THAT THE HOLIDAY OCCURS ON AN ADMINISTRATIVELY DESIGNATED NON-WORKDAY PRIOR TO THE COMPLETION OF THE 40-HOUR BASIC WORKWEEK.