B-59075, JUL 12, 1946

B-59075, JUL 12, 1946

PRECIS-UNAVAILABLE

THE HONORABLE, THE SECRETARY OF COMMERCE:

I HAVE YOUR LETTER OF JULY 9, 1946, AS FOLLOWS:

"PUBLIC LAW 484 - 79TH CONGRESS MAKES JULY 5, 1946, A NON-WORK DAY FOR FEDERAL EMPLOYEES. THE LAW ALSO PROVIDES THAT HEADS OF AGENCIES MAY MAKE UP THE TIME BY REQUIRING EMPLOYEES TO WORK ON A NON-WORK DAY WITHIN A MONTH, WITHOUT PAYMENT OF OVERTIME. THE DEPARTMENT OF COMMERCE HAD DECIDED THAT ITS EMPLOYEES SHALL WORK ON THE OTHERWISE NON WORK DAY OF SATURDAY, JULY 13, 1946. THIS ARRANGEMENT BRINGS UP THE FOLLOWING QUESTIONS ON WHICH A DETERMINATION BY YOUR OFFICE IS RESPECTFULLY REQUESTED.

"1. MAY ABSENCE FROM DUTY JULY 13 BE CHARGED TO LEAVE WITH PAY?

"2. IF SO, WOULD THE LEAVE BE RECORDED AS TAKEN JULY 13 OR JULY 5, BOTH DAYS BEING NON-WORK DAYS?

"3. IF LEAVE MAY NOT BE CHARGED FOR EITHER JULY 5 OR JULY 13, SHOULD THE EMPLOYEE BE PAID FOR THE FULL PAY PERIOD OF TEN DAYS REGARDLESS OF WHETHER HE WORKS SATURDAY, JULY 13, PROVIDED HE WAS ON DUTY THE EIGHT REGULAR WORK DAY DURING THE PERIOD?

"4. IF AN EMPLOYEE IS REQUIRED TO BE ON DUTY JULY 5, WOULD HE BE REQUIRED TO WORK JULY 13, AND, IF SO, WOULD HE RECEIVE OVERTIME PAY FOR THAT DAY?

"5. IF IT IS DECIDED THAT THOSE WHO DO NOT WORK ON EITHER JULY 5 OR JULY 13 SHOULD BE CHARGED WITH ONE DAY'S LEAVE WITHOUT PAY-- IT BEING ASSUMED THAT REGULAR EMPLOYEES WILL BE PAID FOR THE HOLIDAY JULY 4 IN ANY EVENT-- WOULD A PERSON ON EXTENDED LEAVE, INCLUDING BOTH JULY 5 AND JULY 13, BE CHARGED FOR A DAYS LEAVE WITHOUT PAY?

"AS YOUR ANSWERS TO THESE QUESTIONS WILL AFFECT THE PREPARATION OF CURRENT PAY ROLLS, YOUR REPLY AS PROMPTLY AS PRACTICABLE WILL BE GREATLY APPRECIATED."

PUBLIC LAW 484, PROVIDES AS FOLLOWS:

"THAT NOTWITHSTANDING THE PROVISIONS OF ANY OTHER ACT, EMPLOYEES OF THE EXECUTIVE BRANCH OF THE GOVERNMENT, EMPLOYEES OF THE DISTRICT OF COLUMBIA MUNICIPAL GOVERNMENT, EMPLOYEES OF THE LEGISLATIVE BRANCH WHOSE BASIC WORKWEEK IS FIXED IN ACCORDANCE WITH SECTION 604(A) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE, AND EMPLOYEES OF THE JUDICIAL BRANCH WHO OCCUPY POSITIONS SUBJECT TO THE CLASSIFICATION ACT 1923, AS AMENDED, MAY, IN THE DISCRETION OF THE HEADS OF THEIR RESPECTIVE DEPARTMENTS, ESTABLISHMENTS, AND AGENCIES, BE EXCUSED FROM DUTY ON JULY 5, 1946. THE ABSENCE ON SUCH DATE OF ANY EMPLOYEE SO EXCUSED SHALL BE WITHOUT LOSS OF PAY OR CHARGE TO ANNUAL LEAVE OR ACCRUED COMPENSATORY TIME IF, DURING THE MONTH OF JULY 1946, SUCH EMPLOYEE PERFORMS WORK (WITHOUT PAY OR TIME CREDIT THEREOF) OUTSIDE OF THE REGULARLY SCHEDULED HOURS OF DUTY IN ANY ADMINISTRATIVE WORKWEEK, AT A TIME OR TIMES, OTHER THAN SUNDAYS, TO BE SELECTED BY THE HEAD OF HIS DEPARTMENT, ESTABLISHMENT, OR AGENCY, FOR THE NUMBER OF HOURS FOR WHICH COMPENSATION IS PAID WITH RESPECT TO JULY 5, 1946. JULY 5, 1946, SHALL NOT BE CONSTRUED TO BE A HOLIDAY WITHIN THE MEANING OF SECTION 302 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS AMENDED, OR ANY OTHER PROVISION OF LAW OR REGULATION AUTHORIZING PAYMENT OF COMPENSATION AT PREMIUM RATES FOR HOLIDAY WORK, AND SHALL NOT BE CONSTRUED AS A NONWORKDAY WITH IN THE MEANING OF ANY LEAVE REGULATION."

YOU WILL NOTE THAT JULY 5, 1946, IS NOT TO BE CONSTRUED AS A NONWORKDAY WITHIN THE MEANING OF ANY LEAVE REGULATION AND THAT ANY ABSENCE ON THAT IS "WITHOUT LOSS OF PAY OR CHARGE TO ANNUAL LEAVE" ONLY IF THE TIME SO ABSENT IS MADE UP DURING JULY.

YOUR SPECIFIC QUESTIONS MAY BE ANSWERED IN THE ORDER PRESENTED AS FOLLOWS:

1 AND 2. ABSENCE FROM DUTY JULY 13, MAY BE CHARGED TO LEAVE WITH PAY BUT SHOULD BE CHARGED AS LEAVE FOR JULY 5.

3. IF AN EMPLOYEE HAS NO LEAVE TO HIS CREDIT AND DOES NOT WORK JULY 5, AND DOES NOT MAKE UP THAT TIME WITHIN THE MONTH OF JULY, HE MUST BE CONSIDERED AS ON LEAVE WITHOUT PAY FOR JULY 5, AND HIS COMPENSATION ADJUSTED ACCORDINGLY.

4. IF AN EMPLOYEE WAS REQUIRED TO WORK JULY 5 THE ACT HERE INVOLVED WOULD HAVE NO APPLICATION TO HIS CASE. HOWEVER, SHOULD HE FOR OTHER REASONS BE REQUIRED TO WORK ON JULY 13, HE WOULD BE ENTITLED TO OVERTIME COMPENSATION IF WORKING ON THAT DAY CAUSED HIS WORKING HOURS TO EXCEED 40 HOURS DURING THAT WEEK.

5. A PERSON WHO IS ON EXTENDED LEAVE COVERING BOTH JULY 5 AND JULY 13, SHOULD BE CHARGED ONE DAY'S LEAVE FOR JULY 5. IT WILL BE NECESSARY TO CHARGE LEAVE WITHOUT PAY FOR THAT DAY ONLY IN THE EVENT THE EMPLOYEE HAS NO ANNUAL LEAVE TO HIS CREDIT AT THE TIME.