A-35655, MARCH 7, 1931, 10 COMP. GEN. 400

A-35655, MARCH 7, 1931, 10 COMP. GEN. 400

SATURDAY HALF HOLIDAYS - COMPENSATORY TIME WHEN CIVIL EMPLOYEES OF THE GOVERNMENT ARE REQUIRED TO WORK MORE THAN FOUR HOURS ON ANY SATURDAY, THE PROVISION IN THE ACT OF MARCH 3, 1931, 46 STAT. 1482, FOR COMPENSATORY TIME IS MANDATORY, AND REQUIRES THAT THE EMPLOYEES' REGULAR WORK TIME ON SOME OTHER DAY BE REDUCED, WITHOUT LOSS OF PAY OR LEAVE TIME, BY A PERIOD EXACTLY EQUAL TO THE TIME SUCH EMPLOYEES WERE REQUIRED TO WORK IN EXCESS OF FOUR HOURS ON THE SATURDAY. AN ADMINISTRATIVE OFFICE MAY NOT DISSIPATE THE SATURDAY HALF HOLIDAY GRANTED TO CIVIL EMPLOYEES OF THE GOVERNMENT BY THE ACT OF MARCH 3, 1931, 46 STAT. 1482, BY DIVIDING THE PERIOD OF COMPENSATORY TIME EQUAL TO THE OVERTIME WORK PERFORMED ON ANY SATURDAY AND REQUIRING THE EMPLOYEES TO TAKE A PORTION THEREOF IN ONE OR TWO HOUR PERIODS ON TWO OR MORE SUBSEQUENT DAYS, NOR BY REQUIRING THE SATURDAY OVERTIME TO BE ACCUMULATED UNTIL IT AMOUNTS TO SEVERAL DAYS AND THEN ALL BE GRANTED AT ONE TIME, WHICH WOULD BE TANTAMOUNT TO INCREASING ANNUAL LEAVE INSTEAD OF SHORTENING THE WORK DAYS. WHERE THE COMBINED OVERTIME WORK REQUIRED TO BE PERFORMED ON MORE THAN ONE SATURDAY IN EXCESS OF FOUR HOURS IS LESS THAN A REGULAR WORK DAY, THE ACT OF MARCH 3, 1931, 46 STAT. 1482, WOULD NOT PRECLUDE GRANTING ALL OF SUCH COMPENSATORY TIME BY THE SHORTENING OF SOME ONE REGULAR WORK DAY, BUT ORDINARILY THAT SHOULD NOT BE DONE, THE LAW CONTEMPLATING A SHORTENING OF ONE OTHER WORK DAY FOR EACH SATURDAY FOR WHICH AN EMPLOYEE MAY BE REQUIRED TO WORK MORE THAN FOUR HOURS, AND IN SO FAR AS THE EXIGENCIES OF THE SERVICE WILL PERMIT, SUCH COMPENSATORY SHORTENING SHOULD BE ON A DAY DURING THE WEEK IMMEDIATELY FOLLOWING THE SATURDAY ON WHICH MORE THAN FOUR HOURS' WORK WAS REQUIRED.

COMPTROLLER GENERAL MCCARL TO THE PUBLIC PRINTER, MARCH 7, 1931:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF MARCH 4, 1931, AS FOLLOWS:

THE ACT APPROVED MARCH 3, 1931, GRANTING SATURDAY HALF-HOLIDAYS FOR CERTAIN GOVERNMENT EMPLOYEES, PROVIDES---

"* * * THAT IN ALL CASES WHERE FOR SPECIAL PUBLIC REASONS, TO BE DETERMINED BY THE HEAD OF THE DEPARTMENT OR ESTABLISHMENT HAVING SUPERVISION OR CONTROL OF SUCH EMPLOYEES, THE SERVICES OF SUCH EMPLOYEES CAN NOT BE SPARED, SUCH EMPLOYEES SHALL BE ENTITLED TO AN EQUAL SHORTENING OF THE WORKDAY ON SOME OTHER DAY: * * *

CONGRESSIONAL AND EMERGENCY WORK MAY FREQUENTLY REQUIRE A NUMBER OF EMPLOYEES IN THE UNITED STATES GOVERNMENT PRINTING OFFICE TO WORK MORE THAN FOUR HOURS ON SATURDAYS, AND AN EQUAL SHORTENING OF THE WORKDAY ON ANOTHER DAY MUST BE GRANTED.

THE QUESTION ARISES AS TO WHETHER THE PUBLIC PRINTER WILL HAVE AUTHORITY UNDER THE ACT TO PERMIT THE EXTRA HOURS OF WORK ON SATURDAY TO ACCUMULATE TO THE CREDIT OF THE INDIVIDUAL EMPLOYEE IF REQUIREMENTS OF THE SERVICE MAKE IT NECESSARY, AND WHEN COMBINED WITH EXTRA HOURS WHICH MAY BE WORKED ON OTHER SATURDAYS GRANT THE TOTAL HOURS OR ANY PORTION THEROF AT A TIME WHEN CONDITION OF THE WORK MAY PERMIT.

FOR EXAMPLE, AN EMPLOYEE WHO HAD WORKED THREE EXTRA HOURS ON ONE SATURDAY, AND BECAUSE OF EMERGENCY OR CONGRESSIONAL WORK COULD NOT BE GIVEN THOSE THREE HOURS OFF DURING THE FOLLOWING WEEK, IS AGAIN REQUIRED TO WORK THREE EXTRA HOURS ON THE FOLLOWING SATURDAY. MAY THE CUMULATED SIX HOURS BE GRANTED HIM ON SOME ONE DAY, MUST EXACTLY THREE HOURS BE ALLOWED ON EACH OF TWO DAYS, OR MAY HE BE GRANTED TWO HOURS ON EACH OF THREE DAYS, ALL AS MAY BE DETERMINED BY THE PUBLIC PRINTER BECAUSE OF SPECIAL PUBLIC REASONS?

YOUR EARLY ADVICE ON THIS QUESTION IS REQUESTED.

THE PRIMARY PURPOSE OF THE ACT OF MARCH 3, 1931, 46 STAT. 1482, IS DISCLOSED IN THE TITLE,"AN ACT PROVIDING FOR SATURDAY HALF-HOLIDAYS FOR CERTAIN GOVERNMENT EMPLOYEES.' THE STATUTE GRANTS PART OF A HOLIDAY AND NOT ADDITIONAL LEAVE OF ABSENCE. AS TO EMPLOYEES WHOSE REGULAR WORKDAY IS 8 HOURS THE STATUTE GRANTS A HALF HOLIDAY, AND AS TO EMPLOYEES WHOSE REGULAR WORKDAY IS 7 HOURS THE STATUTES GRANTS PART HOLIDAY OF 3 HOURS. ONLY IN CASE OF EMERGENCY OR GENUINE EXIGENCIES OF THE SERVICE, SHOULD EMPLOYEES BE REQUIRED OR PERMITTED TO WORK ON SUCH HOLIDAYS, THAT IS, TO WORK MORE THAN FOUR HOURS ON ANY SATURDAY. WHERE FOR SUCH SPECIAL PUBLIC REASON EMPLOYEES ARE REQUIRED TO WORK MORE THAN FOUR HOURS ON ANY SATURDAY THE PROVISION IN THE ACT FOR COMPENSATORY TIME, QUOTED IN YOUR LETTER, IS MANDATORY AND REQUIRES "AN EQUAL SHORTENING OF THE WORKDAY ON SOME OTHER DAY," THAT IS, THAT THE EMPLOYEE'S REGULAR WORKING TIME ON SOME OTHER DAY BE REDUCED, WITHOUT LOSS OF PAY OR LEAVE TIME, BY A PERIOD EXACTLY EQUAL TO THE TIME SUCH EMPLOYEE WAS REQUIRED TO WORK IN EXCESS OF FOUR HOURS ON THE SATURDAY. WHILE THE COMPENSATORY TIME FOR EACH SATURDAY ON WHICH WORK IS PERFORMED IN EXCESS OF FOUR HOURS IS CUMULATIVE IN THE SENSE THAT THE EMPLOYEE'S RIGHT THERETO IS NOT LOST WHEN FOR PUBLIC REASONS IT CANNOT BE GRANTED BEFORE THE EMPLOYEE IS REQUIRED TO WORK MORE THAN FOUR HOURS ON A SUBSEQUENT SATURDAY, THERE APPEARS NOTHING IN THAT STATUTE--- WHICH WAS ENACTED PRIMARILY FOR THE BENEFIT OF EMPLOYEES--- TO GRANT AN ADMINISTRATIVE OFFICE SUCH BROAD DISCRETIONARY POWERS WITH RESPECT TO THE GRANTING OF COMPENSATORY TIME AS TO DISSIPATE THE HALF HOLIDAY BY DIVIDING THE PERIOD EQUAL TO THE OVERTIME WORK PERFORMED ON ANY SATURDAY AND REQUIRING THE EMPLOYEE TO TAKE OFF A PORTION THEREOF IN ONE OR TWO HOUR PERIODS ON TWO OR MORE SUBSEQUENT DAYS, NOR TO REQUIRE THAT THE SATURDAY OVERTIME BE ACCUMULATED UNTIL IT AMOUNTS TO SEVERAL DAYS, AND THEN ALL BE GRANTED AT ONE TIME, WHICH WOULD TANTAMOUNT TO INCREASING ANNUAL LEAVE INSTEAD OF SHORTENING WORK DAYS. SUCH A PROCEDURE WOULD DEFEAT THE PURPOSE OF THE LAW.

IN THE EXAMPLE GIVEN IN YOUR LETTER, SINCE THE COMBINED OVERTIME, SIX HOURS, IS LESS THAN A REGULAR WORKDAY, THE LAW WOULD NOT PRECLUDE GRANTING SUCH COMPENSATORY TIME BY SHORTENING SOME ONE REGULAR WORKDAY BY SIX HOURS INSTEAD OF BY SHORTENING TWO REGULAR WORKDAYS BY THREE HOURS EACH, BUT ORDINARILY THAT SHOULD NOT BE DONE BECAUSE IT IS NOT IN ACCORDANCE WITH THE SPIRIT AND PURPOSE OF THE LAW AND WOULD TEND TO COMPLICATE THE TIME RECORDS OF THE EMPLOYEES. THE LAW CONTEMPLATES A SHORTENING OF ONE OTHER WORKDAY FOR EACH SATURDAY ON WHICH AN EMPLOYEE MAY BE REQUIRED TO WORK MORE THAN FOUR HOURS, AND IN SO FAR AS THE EXIGENCIES OF THE SERVICE WILL PERMIT, SUCH COMPENSATORY SHORTENING SHOULD BE ON A DAY DURING THE WEEK IMMEDIATELY FOLLOWING THE SATURDAY ON WHICH MORE THAN FOUR HOURS WORK WAS REQUIRED. THAT THIS WAS THE GENERAL PURPOSE AND INTENT OF THE PROVISION IS INDICATED IN THE FOLLOWING SENTENCE APPEARING IN THE HOUSE REPORT NO. 1498:

* * * THESE EMPLOYEES, UNDER THE TERMS OF THE PROPOSED BILL, WOULD BE ENTITLED TO A SHORTENING OF THE WORKDAY ON SOME OTHER DAY OF THE WEEK WHICH OF COURSE, WOULD BE DETERMINED BY THE HEAD OF THE DEPARTMENT OR BUREAU IN WHICH THEY WORK.