A-60981, JULY 27, 1936, 16 COMP. GEN. 71
Highlights
WHO ARE PAID AT HOURLY OR DAILY RATES OF PAY. 1936: REFERENCE IS HAD TO YOUR LETTER OF JUNE 30. IN WHICH IS GIVEN AN INTERPRETATION OF THE MEANING OF THE TERM "PER DIEM EMPLOYEES" USED IN THE LEGISLATION GRANTING PAY FOR NATIONAL HOLIDAYS TO PER DIEM EMPLOYEES. BOATMEN WITH SURVEY PARTIES AND WHO ARE PAID AT EITHER AN HOURLY OR A DAILY RATE OF PAY. THESE MEN NORMALLY ARE HIRED FOR THE DURATION OF THE WORKING SEASON WHICH LASTS FROM EARLY SPRING TO LATE FALL. A RULING IS REQUESTED AS TO WHETHER THE CLASS OF EMPLOYEES DESCRIBED MAY BE PAID FOR NATIONAL HOLIDAYS OCCURRING WITHIN THE PERIOD OF THEIR EMPLOYMENT. IT WAS HELD: EMPLOYEES OF THE GOVERNMENT WHO COME WITHIN THE MEANING OF THE STATUTES GRANTING PAY FOR CERTAIN HOLIDAYS TO PER DIEM EMPLOYEES WHEN NOT WORKING.
A-60981, JULY 27, 1936, 16 COMP. GEN. 71
COMPENSATION - HOLIDAYS - PER DIEM EMPLOYEES SEASONAL EMPLOYEES OF THE ENGINEER DEPARTMENT, SERVING WITH SURVEY PARTIES, WHO ARE PAID AT HOURLY OR DAILY RATES OF PAY, MAY BE CONSIDERED AS PER DIEM EMPLOYEES AND ENTITLED TO PAY FOR NATIONAL HOLIDAYS WHEN NOT WORKING.
ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF WAR, JULY 27, 1936:
REFERENCE IS HAD TO YOUR LETTER OF JUNE 30, 1936, AS FOLLOWS:
CONSIDERATION HAS BEEN GIVEN TO YOUR DECISION DATED MAY 10, 1935, A 60981 (14 C.G. 818), IN WHICH IS GIVEN AN INTERPRETATION OF THE MEANING OF THE TERM "PER DIEM EMPLOYEES" USED IN THE LEGISLATION GRANTING PAY FOR NATIONAL HOLIDAYS TO PER DIEM EMPLOYEES. A QUESTION HAS ARISEN AS TO WHETHER IN VIEW OF THE DEFINITION OF THE TERM GIVEN IN THE DECISION REFERRED TO, PAY FOR THE NATIONAL HOLIDAYS MAY BE ALLOWED TO EMPLOYEES OF THE ENGINEER DEPARTMENT WHO SERVE AS LABORERS, AXEMEN, AND BOATMEN WITH SURVEY PARTIES AND WHO ARE PAID AT EITHER AN HOURLY OR A DAILY RATE OF PAY. THESE MEN NORMALLY ARE HIRED FOR THE DURATION OF THE WORKING SEASON WHICH LASTS FROM EARLY SPRING TO LATE FALL, DEPENDING ON THE LOCATION OF THE WORK AND STATUS OF FUNDS. THE CLASS OF EMPLOYEES REFERRED TO INCLUDES MEN WHO MOVE AROUND WITH THE SURVEY PARTIES AND MAY BE CONTINUOUSLY EMPLOYED FOR A PERIOD OF FROM THREE TO EIGHT MONTHS.
A RULING IS REQUESTED AS TO WHETHER THE CLASS OF EMPLOYEES DESCRIBED MAY BE PAID FOR NATIONAL HOLIDAYS OCCURRING WITHIN THE PERIOD OF THEIR EMPLOYMENT.
IN 5 COMP. GEN. 312, IT WAS HELD:
EMPLOYEES OF THE GOVERNMENT WHO COME WITHIN THE MEANING OF THE STATUTES GRANTING PAY FOR CERTAIN HOLIDAYS TO PER DIEM EMPLOYEES WHEN NOT WORKING, AND ENTITLING THEM TO DOUBLE PAY WHEN WORKING ON THOSE STATUTORY HOLIDAYS, ARE THOSE WHO ARE EMPLOYED FOR SUBSTANTIALLY CONTINUOUS INDEFINITE PERIODSAND PAID ON A PER DIEM BASIS FOR THE DAYS ACTUALLY WORKING, AS DISTINGUISHED FROM THOSE ENGAGED FROM DAY TO DAY OR FOR A DEFINITELY FIXED BRIEF PERIOD.
UNDER THE ABOVE DECISION IT WOULD APPEAR THAT THE SEASONAL EMPLOYEES REFERRED TO IN YOUR SUBMISSION AND WHO ARE PAID ON AN HOURLY OR DAILY BASIS MAY BE CONSIDERED AS PER DIEM EMPLOYEES AND ENTITLED TO PAY FOR NATIONAL HOLIDAYS WHEN NOT WORKING. CF. 15 COMP. GEN. 800; ID. 945.