A-38695, FEBRUARY 12, 1932, 11 COMP. GEN. 304

A-38695, FEBRUARY 12, 1932, 11 COMP. GEN. 304

SATURDAY HALF-HOLIDAYS - LEAVE OF ABSENCE WITHOUT PAY IN COMPUTING THE LEAVE AND PAY FOR SATURDAY OF EMPLOYEES OF THE NAVY YARD REGULARLY REQUIRED TO WORK SEVEN HOURS PER DIEM, THE BENEFITS OF THE SATURDAY HALF-HOLIDAY SHOULD BE GIVEN ONLY TO THOSE IN A PAY STATUS AT THE CLOSE OF BUSINESS ON SATURDAY.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, FEBRUARY 12, 1932:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF FEBRUARY 1, 1932, AS FOLLOWS:

BY DECISION A-38695 OF SEPTEMBER 29, 1931, YOU APPROVED A TENTATIVE SCHEDULE OF COMPUTATION COVERING LEAVE AND PAY OF CIVILIAN EMPLOYEES ON SATURDAYS ON AN EIGHT-HOUR DAY BASIS. IN THE CONCLUDING PARAGRAPH OF SAID DECISION YOU STATED THAT AN EMPLOYEE IF IN A PAY STATUS PART OF SATURDAY BUT IN A NON-PAY STATUS AT THE CLOSE OF BUSINESS ON SUCH DAY GENERALLY SHOULD BE GIVEN NO BENEFIT OF THE SHORTER DAY, PAY FOR THE PORTION OF THE DAY'S WORK TO BE COMPUTED ON THE BASIS OF A REGULAR WORKING DAY. THEREFORE A PER ANNUM SEVEN HOUR EMPLOYEE ON LEAVE WITHOUT PAY ON SATURDAY WOULD BE CHARGED ONE-SEVENTH OF A DAY'S PAY FOR EACH HOUR ABSENT.

THE DIFFICULTY EXPERIENCED IN ENDEAVORING TO COMPLY WITH THESE INSTRUCTIONS IS SHOWN BY ENCLOSED COPIES OF LETTERS OF NOVEMBER 23, 1931, FROM THE COMMANDANT OF THE NAVAL OPERATING BASE, HAMPTON ROADS, VA., AND OF NOVEMBER 17, 1931, FROM THE COMMANDANT OF THE NAVY YARD, WASHINGTON, D.C.

IN THE INTEREST OF ECONOMY AND EFFICIENCY IT IS BELIEVED THAT THE COMPUTATIONS OF BOTH LEAVE AND PAY SHOULD BE UNIFORM. IF THE EIGHT HOUR BASIS ISSUED FOR A SEVEN HOUR EMPLOYEE ON SATURDAY AND THE SAME EMPLOYEE IS ABSENT WITHOUT PAY PART OF A DAY OR ANY OTHER DAY DURING THE SAME WEEK. THE FINAL EXTENSION ON THE ROLL WILL BE A COMPUTATION IN A FRACTION WITH A DENOMINATOR OF FIFTY-SIX, SINCE THE BASIS MUST BE SEVENTHS ON OTHER WORKING DAYS.

TO OBTAIN A UNIFORM METHOD OF COMPUTING LEAVE WITHOUT PAY OF ALL SEVEN HOUR EMPLOYEES AND TO AVOID THE COMPLICATIONS CREATED BY THE USE OF LARGE FRACTIONS, IT IS RECOMMENDED THAT A SEPARATE SCHEDULE FOR SEVEN HOUR EMPLOYEES BE APPROVED. A DRAFT OF SUCH SCHEDULE IS SUBMITTED WITH THE RECOMMENDATION THAT IT BE APPROVED TO GOVERN THE COMPUTATION OF LEAVE AND PAY FOR SEVEN HOUR EMPLOYEES ON SATURDAYS.

YOUR LETTER, PARTICULARLY THE THIRD PARAGRAPH, AND THE PROPOSED SCHEDULE FOR COMPUTING LEAVE AND PAY OF 7-HOUR EMPLOYEES ON SATURDAY, SHOWS A MISCONCEPTION OF THE TWO GENERAL RULES ANNOUNCED IN SAID DECISION OF SEPTEMBER 29, 1931, 11 COMP. GEN. 119, 121, AS FOLLOWS:

IF A PER DIEM OR A PER ANNUM EMPLOYEE IS PROPERLY ENTITLED TO THE PART HOLIDAY WITH PAY, ACTIVE DUTY PAY FOR PART OF A SATURDAY SHOULD BE COMPUTED ON THE BASIS OF A 4-HOUR DAY, EACH HOUR'S WORK BEING COMPUTED AS ONE-FOURTH OF A DAY'S PAY, WHETHER THE REGULAR NUMBER OF HOURS WORKED ON OTHER DAYS BE SEVEN OR EIGHT. * * *

HOWEVER, AN EMPLOYEE IN A PAY STATUS PART OF A SATURDAY BUT IN A NONPAY STATUS AT THE CLOSE OF BUSINESS ON SUCH DAY GENERALLY SHOULD BE GIVEN NO BENEFIT OF THE SHORTER DAY, PAY FOR THE PORTION OF THE DAY WORKED TO BE COMPUTED ON THE BASIS OF A REGULAR WORKING DAY. THE PROPOSED INSTRUCTIONS SHOULD BE AMPLIFIED ACCORDINGLY.

SEE, ALSO, DECISION OF OCTOBER 7, 1931, 11 COMP. GEN. 129, HOLDING AS FOLLOWS, QUOTING FROM THE SYLLABUS:

AN ARSENAL EMPLOYEE IN A NONDUTY STATUS THE FIRST PART OF THE FOUR HOURS CONSTITUTING A DAY'S WORK ON SATURDAY, BUT IN A DUTY STATUS AT THE CLOSE OF BUSINESS ON THAT DAY, AND WHO IS OTHERWISE ENTITLED TO SATURDAY HALF HOLIDAY WITH PAY, IS ENTITLED TO PAY FOR THAT PART OF SATURDAY WORKED ON THE BASIS OF A 4-HOUR DAY, EACH HOUR WORKED BEING COMPUTED AS ONE-FOURTH OF A DAY'S PAY.

SEE, ALSO, DECISION OF DECEMBER 3, 1921, 11 COMP. GEN. 216, HOLDING AS FOLLOWS, QUOTING FROM THE SYLLABUS:

A PER ANNUM EMPLOYEE WORKING ON AN EIGHT-HOUR BASIS IN A PAY STATUS PART OF A SATURDAY BUT IN A NONPAY STATUS AT THE CLOSE OF BUSINESS ON SUCH DAY, MAY BE GIVEN NO BENEFIT OF THE SHORTER DAY, PAY FOR THE NUMBER OF HOURS WORKED ON SATURDAY TO BE COMPUTED ON THE BASIS OF A REGULAR WORKING DAY, OR ONE-EIGHTH OF A DAY'S PAY FOR EACH HOUR WORKED.

THE DECISION OF SEPTEMBER 29, 1931, SUPRA, DID NOT HOLD AND WAS NOT INTENDED TO HOLD THAT THE SCHEDULE THEREIN APPEARING ON AN 8-HOUR BASIS SHOULD BE USED FOR COMPUTING LEAVE AND PAY FOR 7-HOUR EMPLOYEES ON SATURDAY. POSSIBLY CONFUSION HAS ARISEN FROM THE STATEMENT IN THE DECISION THAT THE FIRST OR GENERAL RULE OF COMPUTING EACH HOUR'S WORK ON SATURDAY AS ONE-FOURTH OF A DAY'S PAY WOULD BE APPLICABLE "WHETHER THE REGULAR NUMBER OF HOURS WORKED ON OTHER DAYS BE SEVEN OR EIGHT.' THIS MEANS THAT IF ANY FULL-TIME EMPLOYEE WAS ENTITLED TO THE BENEFITS OF A SATURDAY HALF HOLIDAY, THAT IS , NOT IN A LEAVE-WITHOUT-PAY STATUS AT THE CLOSE OF BUSINESS ON SATURDAY, AND WAS OTHERWISE ENTITLED TO THE HALF HOLIDAY, EACH HOUR'S WORK ON SATURDAY, WHICH IS A DAY OF FOUR HOURS IN LENGTH, SHOULD BE COMPUTED AS ONE-FOURTH OF A DAY'S PAY IRRESPECTIVE OF THE NUMBER OF HOURS THE FULL-TIME EMPLOYEES WERE REGULARLY REQUIRED TO WORK ON OTHER DAYS OF THE WEEK. THIS RULE WOULD NOT APPLY WHERE THE EMPLOYEE WAS NOT ENTITLED TO THE BENEFITS OF THE SATURDAY HALF HOLIDAY AS UNDER THE SECOND RULE QUOTED FROM SAID DECISION.

THEREFORE, IN THE SCHEDULE SUBMITTED FOR APPROVAL WITH YOUR LETTER FOR COMPUTATION OF LEAVE AND PAY OF 7-HOUR EMPLOYEES ON SATURDAY, THE SIXTH AND THE LAST TWO ITEMS UNDER THE GENERAL HEADING ,ON LEAVE WITHOUT PAY" AND THE SPECIFIC HEADINGS "TOTAL PAID" AND "WITHOUT PAY" WERE ERRONEOUS.

THE CORRECT SCHEDULE FOR COMPUTATION OF LEAVE AND PAY OF 7-HOUR EMPLOYEES REGULARLY WORKING ON SATURDAY FROM 8 A.M. TO 12 NOON, IS AS FOLLOWS:

TABLE

SATURDAY LEAVE WITH PAY HOURS CHARGE CHARGE CHARGE TOTAL CHARGE LEAVE ACCOUNT WORKING JOB HOLIDAY LEAVE PAID OF EMPLOYEE 0------ 0

3/7 4/7 7/7 4/7 1------ 1/7 3/7 3/7 7/7 3/7 2------ 2/7 3/7 2/7 7/7 2/7 3 ------ 3/7 3/7 1/7 7/7 1/7 4------ 4/7 3/7 0 7/7 0

ON LEAVE WITHOUT PAY HOURS WORKING CHARGE CHARGE CHARGE TOTAL WITHOUT

JOB HOLIDAY LEAVE PAID PAY 1 HOUR 8- 9 -- 1/7 0 0 1/7 6/7 2 HOURS 8- 10 - - 2/7 0 0 2/7 5/7 3 HOURS 8- 11 -- 3/7 0 0 3/7 4/7 1 HOUR 9- 10 -- 1/7 0 0 1/7 6/7 2 HOURS 9- 11 -- 2/7 0 0 2/7 5/7 3 HOURS 9- 12 -- 12/28 9/28 0 3/4 1/4 1 HOUR 10- 11 -- 1/7 0 0 1/7 6/7 2 HOURS 10- 12 -- 8/28 6/28 02/4 2/4 1 HOUR 11- 12 -- 4/28 3/28 0 1/4 3/4

THERE WOULD APPEAR TO BE NO REASON FOR THE FIGURES UNDER THE HEADING "WHEN PICKED UP LATER, CHARGE" AS PROPOSED. IF FOR ANY PROPER REASON THE LEAVE WITHOUT PAY IS LATER CHARGED TO LEAVE WITH PAY, THE FIRST SCHEDULE ABOVE STATE WOULD BE APPLICABLE.

THE LARGER FRACTIONS ARE NECESSARY ONLY IN COST ACCOUNTING TO CHARGE THE PROPER PORTION OF A PARTIAL DAY'S PAY ON SATURDAY TO THE JOB AND TO THE HOLIDAY, AND OTHERWISE WILL NOT BE INVOLVED IN COMPUTING LEAVE AND PAY OF 7-HOUR ANNUAL EMPLOYEES THROUGHOUT THE SERVICE.