A-21175, JANUARY 21, 1928, 7 COMP. GEN. 430
Highlights
COMPENSATION - SUNDAYS AND HOLIDAYS - TERMINATION OF SERVICE A PER ANNUM EMPLOYEE OF THE FOREST SERVICE WHOSE RESIGNATION WAS ACCEPTED EFFECTIVE DECEMBER 26. IS ENTITLED TO PAY FOR DECEMBER 25 AND 26. REQUESTING DECISION WHETHER PAYMENT IS AUTHORIZED ON A VOUCHER SUBMITTED IN FAVOR OF OLIVE E. IT APPEARS THAT THE PAYEE OF THE VOUCHER WAS A PER ANNUM EMPLOYEE OF THE DISTRICT OFFICE OF THE FOREST SERVICE AT ALBUQUERQUE. HER RESIGNATION WAS ACCEPTED AS MADE. - AN EMPLOYEE PAID ON A PER ANNUM OR MONTHLY BASIS WHO PERMANENTLY RETIRES FROM THE SERVICE WITHOUT SERVING THE WHOLE MONTH IS ENTITLED TO ONE-THIRTIETH OF A MONTHLY INSTALLMENT FOR EACH DAY ON FULL-PAY STATUS. WILL BE COMPUTED TO COVER THE DAY ON WHICH THE SEPARATION TAKES EFFECT.
A-21175, JANUARY 21, 1928, 7 COMP. GEN. 430
COMPENSATION - SUNDAYS AND HOLIDAYS - TERMINATION OF SERVICE A PER ANNUM EMPLOYEE OF THE FOREST SERVICE WHOSE RESIGNATION WAS ACCEPTED EFFECTIVE DECEMBER 26, 1927, AND WHO WORKED DECEMBER 24, 1927, IS ENTITLED TO PAY FOR DECEMBER 25 AND 26, A SUNDAY AND A HOLIDAY.
ASSISTANT COMPTROLLER GENERAL GINN TO ALBERT MORRIS, DISTRICT FISCAL AGENT, UNITED STATES FOREST SERVICE, JANUARY 21, 1928:
THERE HAS BEEN RECEIVED YOUR LETTER OF DECEMBER 28, 1927, REQUESTING DECISION WHETHER PAYMENT IS AUTHORIZED ON A VOUCHER SUBMITTED IN FAVOR OF OLIVE E. HARDON, COVERING SALARY FOR DECEMBER 25 AND 26, 1927.
IT APPEARS THAT THE PAYEE OF THE VOUCHER WAS A PER ANNUM EMPLOYEE OF THE DISTRICT OFFICE OF THE FOREST SERVICE AT ALBUQUERQUE, N.MEX., WHO RESIGNED EFFECTIVE AT TERMINATION OF DECEMBER 26, 1927. HER RESIGNATION WAS ACCEPTED AS MADE, AND THE EMPLOYEE PERFORMED SERVICE DURING THE ENTIRE DAY OF DECEMBER 24, 1927.
PARAGRAPHS 26 AND 27 OF THE FISCAL REGULATIONS OF THE DEPARTMENT OF AGRICULTURE PROVIDE:
26. SALARY FOR SERVICES TERMINATING DURING MONTH.--- AN EMPLOYEE PAID ON A PER ANNUM OR MONTHLY BASIS WHO PERMANENTLY RETIRES FROM THE SERVICE WITHOUT SERVING THE WHOLE MONTH IS ENTITLED TO ONE-THIRTIETH OF A MONTHLY INSTALLMENT FOR EACH DAY ON FULL-PAY STATUS, EXCEPT FOR THE 31ST DAY OF A 31-DAY MONTH.
27. FINAL SALARY PAYMENT; * * *.--- SALARY DUE EMPLOYEES IN A PAY STATUS SEPARATED FROM THE SERVICE BY DEATH, RESIGNATION, OR DISMISSAL, WILL BE COMPUTED TO COVER THE DAY ON WHICH THE SEPARATION TAKES EFFECT, UNLESS THE DEATH, RESIGNATION, OR DISMISSAL FALLS ON THE LAST DAY OF A 31-DAY MONTH, IN WHICH EVENT THE 30TH WILL BE REGARDED AS THE TERMINAL DATE, * * *.
THE REGULATIONS QUOTED ARE NOT CONTRARY TO LAW, ARE WITHIN THE ADMINISTRATIVE DISCRETION OF THE SECRETARY OF AGRICULTURE, AND WOULD APPEAR TO COVER THE CASE SUBMITTED BY YOU. YOU SUGGEST THAT IF THE FORMER EMPLOYEE HAD BEEN ON ANNUAL LEAVE ON DECEMBER 24, 1927, SHE WOULD NOT BE ENTITLED TO PAY FOR DECEMBER 25 AND 26 UNDER PARAGRAPH 23 OF THE FISCAL REGULATIONS. SAID PARAGRAPH, HOWEVER, HAS TO DO WITH SUNDAYS AND HOLIDAYS WITH RELATION TO PERIODS OF LEAVE AND THEREFORE IS NOT FOR CONSIDERATION IN THIS CASE.
AS THE EMPLOYEE'S RESIGNATION WAS ACCEPTED TO TAKE EFFECT AT CLOSE OF THE DAY OF DECEMBER 26, 1927, AND AS NOTHING TRANSPIRED TO PLACE HER IN A NONPAY STATUS ON DECEMBER 24 OR THE SUNDAY AND HOLIDAY IMMEDIATELY FOLLOWING, PAYMENT OF SALARY TO AND INCLUDING DECEMBER 26 WAS AUTHORIZED.
ACCORDINGLY, YOU ARE ADVISED THAT PAYMENT IS AUTHORIZED ON THE VOUCHER IF IT IS CORRECT IN OTHER RESPECTS.