B-112525, FEBRUARY 27, 1953, 32 COMP. GEN. 378

B-112525, FEBRUARY 27, 1953, 32 COMP. GEN. 378

HOLIDAYS - COMPENSATION - PART-TIME EMPLOYEES THE HOLIDAY BENEFIT PROVISIONS OF EXECUTIVE ORDER NO. 10358, JUNE 9, 1952, ARE FOR APPLICATION ONLY TO EMPLOYEES WHO HAVE A REGULARLY ESTABLISHED BASIC WORKWEEK OF AT LEAST 40 HOURS AND DO NOT APPLY TO PART- TIME EMPLOYEES, SUCH EMPLOYEES BEING ENTITLED TO HOLIDAY BENEFITS ON THE SAME BASIS AS THAT EXISTING PRIOR TO THE PROMULGATION OF THE SAID ORDER. SEE 26 COMP. GEN. 690. TRAINEE PERSONNEL, WHO SERVE ON REGULARLY SCHEDULED WORKWEEKS AND ARE COMPENSATED BY YEARLY STIPENDS, ARE EXPRESSLY EXCLUDED BY THE ACT OF AUGUST 4, 1947, FROM THE OPERATION OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AND THEREFORE ARE NOT REGARDED AS OFFICERS OR EMPLOYEES OF THE UNITED STATES, AND HENCE, DO NOT COME WITHIN THE PURVIEW OF EXECUTIVE ORDER NO. 10358, JUNE 9, 1952, WHICH PROVIDES FOR THE EXCUSING OF EMPLOYEES ON A HOLIDAY.

ACTING COMPTROLLER GENERAL YATES TO THE ADMINISTRATOR OF VETERANS AFFAIRS, FEBRUARY 27, 1953:

REFERENCE IS MADE TO THE LETTER OF OCTOBER 21, 1952 FROM THE DEPUTY ADMINISTRATOR, REQUESTING DECISION UPON FOUR QUESTIONS THEREIN SUBMITTED CONCERNING THE APPLICATION OF SECTION 302 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS AMENDED, AND EXECUTIVE ORDER NO. 10358, IN RESPECT OF THE CATEGORIES OF EMPLOYEES EMBODIED IN SAID QUESTIONS. THE FOUR QUESTIONS ARE AS FOLLOWS:

A. WOULD A PART-TIME EMPLOYEE, WHOSE REGULARLY SCHEDULED ADMINISTRATIVE WORKWEEK CONSISTS OF 4-HOUR WORKDAYS ON MONDAY THROUGH FRIDAY OF EACH WEEK, BE ENTITLED TO BE EXCUSED FROM DUTY WITHOUT LOSS OF PAY OR CHARGE TO LEAVE ON A HOLIDAY WHICH FALLS ON A WORKDAY, OR TO PAY AT DOUBLE HIS BASIC RATE, IF HIS SERVICES ARE REQUIRED ON THE HOLIDAY?

B. WOULD A PART-TIME EMPLOYEE, WHOSE REGULARLY SCHEDULED ADMINISTRATIVE WORKWEEK CONSISTS OF 8-HOUR WORKDAYS ON TUESDAY, WEDNESDAY AND THURSDAY OF EACH WEEK, BE ENTITLED TO THE HOLIDAY BENEFITS ENUMERATED IN QUESTION A, SUPRA, AND BE ENTITLED TO BE EXCUSED FROM WORK WITHOUT LOSS OF PAY OR CHARGE TO LEAVE ON TUESDAY FOLLOWING LABOR DAY UNDER THE PROVISIONS OF SECTION 5 OF EXECUTIVE ORDER NO. 10358?

C. WOULD A PART-TIME EMPLOYEE, WHOSE REGULARLY SCHEDULED ADMINISTRATIVE WORKWEEK CONSISTS OF ONE-HALF DAY EACH WEEK--- FOR EXAMPLE, AS IN THE CASE OF A PART-TIME CHAPLAIN, 4 HOURS ON SUNDAY, BE ENTITLED TO HAVE THE SUNDAYS FOLLOWING LABOR DAY AND THANKSGIVING DAY AS WELL AS THE SUNDAYS ON WHICH HOLIDAYS OCCUR, TREATED AS HOLIDAYS FOR PAY AND LEAVE PURPOSES UNDER SECTIONS 4 (B) AND 5 OF EXECUTIVE ORDER NO. 10358?

D. ARE THE TRAINEE PERSONNEL, WHO SERVE ON REGULARLY SCHEDULED ADMINISTRATIVE WORKWEEKS AND WHO ARE COMPENSATED BY YEARLY STIPENDS, BUT WHO ARE EXCLUDED BY PUBLIC LAW 330, 80TH CONGRESS FROM THE PROVISIONS OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS AMENDED, THEREBY DENYING THEM ENTITLEMENT OF DOUBLE PAY FOR WORK ON A HOLIDAY, AND WHO ARE ALSO EXCLUDED BY SECTION 25.202 OF THE FEDERAL EMPLOYEES PAY REGULATIONS FROM THE HOLIDAY RATES OF PAY, ETC. PROVIDED FOR BY SUBPART C THEREOF, ALSO EXCLUDED FROM THE PROVISIONS OF EXECUTIVE ORDER NO. 10358?

SECTION 302 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, 59 STAT. 298, AS AMENDED BY SECTION 11 OF THE FEDERAL EMPLOYEES PAY ACT OF 1946, 60 STAT. 218, PROVIDES IN PERTINENT PART AS FOLLOWS:

* * * ANY OFFICER OR EMPLOYEE TO WHOM THIS TITLE APPLIES WHO IS ASSIGNED TO DUTY ON A HOLIDAY DESIGNATED BY FEDERAL STATUTE OR EXECUTIVE ORDER DURING HOURS WHICH FALL WITHIN HIS BASIC ADMINISTRATIVE WORKWEEK OF FORTY HOURS SHALL BE COMPENSATED FOR NOT TO EXCEED EIGHT HOURS OF SUCH DUTY, EXCLUDING PERIODS WHEN HE IS IN A LEAVE STATUS, IN LIEU OF HIS REGULAR RATE OF BASIC COMPENSATION IN ADDITION TO ANY EXTRA COMPENSATION FOR NIGHT DUTY PROVIDED BY SECTION 301 OF THIS ACT.

EXECUTIVE ORDER NO. 10358 OF JUNE 9, 1952, EFFECTIVE AUGUST 8, 1952, PROVIDES IN PERTINENT PART AS FOLLOWS:

SEC. 2. AS USED IN THIS ORDER:

(A) "HOLIDAY" MEANS THE FIRST DAY OF JANUARY, THE TWENTY-SECOND DAY OF FEBRUARY, THE THIRTIETH DAY OF MAY, THE FOURTH DAY OF JULY, THE FIRST MONDAY OF SEPTEMBER, THE ELEVENTH DAY OF NOVEMBER, THE FOURTH THURSDAY OF NOVEMBER, THE TWENTY-FIFTH DAY OF DECEMBER, OR ANY OTHER CALENDAR DAY DESIGNATED AS A HOLIDAY BY FEDERAL STATUTE OR EXECUTIVE ORDER.

(B) "WORKDAY" MEANS THOSE HOURS WHICH COMPRISE IN SEQUENCE THE EMPLOYEE'S REGULAR DAILY TOUR OF DUTY WITHIN ANY 24-HOUR PERIOD, WHETHER FALLING ENTIRELY WITHIN ONE CALENDAR DAY OR NOT.

SEC. 3. WHENEVER A HOLIDAY FALLS ON A SUNDAY, FEDERAL OFFICES AND ESTABLISHMENTS SHALL BE CLOSED TO PUBLIC BUSINESS ON THE FOLLOWING MONDAY.

SEC. 4. (A) ANY EMPLOYEE WHOSE BASIC WORKWEEK DOES NOT INCLUDE SUNDAY AND WHO WOULD ORDINARILY BE EXCUSED FROM WORK ON A HOLIDAY FALLING WITHIN HIS BASIC WORKWEEK SHALL BE EXCUSED FROM WORK ON THE NEXT WORKDAY OF HIS BASIC WORKWEEK WHENEVER A HOLIDAY FALLS ON SUNDAY.

(B) ANY EMPLOYEE WHOSE BASIC WORKWEEK INCLUDES SUNDAY AND WHO WOULD ORDINARILY BE EXCUSED FROM WORK ON A HOLIDAY FALLING WITHIN HIS BASIC WORKWEEK SHALL BE EXCUSED FROM WORK ON THE NEXT WORKDAY OF HIS BASIC WORKWEEK WHENEVER A HOLIDAY FALLS ON A DAY THAT HAS BEEN ADMINISTRATIVELY SCHEDULED AS HIS "REGULAR" WEEKLY NON-WORKDAY IN LIEU OF SUNDAY.

SEC. 5. ANY EMPLOYEE WHO WOULD ORDINARILY BE EXCUSED FROM WORK ON A HOLIDAY FALLING WITHIN HIS BASIC WORKWEEK SHALL BE EXCUSED FROM WORK ON THE NEXT WORKDAY OF HIS BASIC WORKWEEK WHENEVER THE FIRST MONDAY OF SEPTEMBER OR THE FOURTH THURSDAY OF NOVEMBER, OR ANY OTHER HOLIDAY WHICH ALWAYS OCCURS ON A SPECIFIC DAY OF THE CALENDAR WEEK (OTHER THAN SUNDAY), FALLS ON A DAY OUTSIDE THE EMPLOYEE'S REGULAR BASIC WORKWEEK.

SEC. 6. ANY EMPLOYEE WHOSE WORKDAY COVERS PORTIONS OF TWO CALENDAR DAYS AND WHO WOULD EXCEPT FOR THIS SECTION, ORDINARILY BE EXCUSED FROM WORK SCHEDULED FOR THE HOURS OF ANY CALENDAR DAY ON WHICH A HOLIDAY FALLS, SHALL INSTEAD BE EXCUSED FROM WORK ON HIS ENTIRE WORKDAY WHICH COMMENCES ON ANY SUCH CALENDAR DAY.

SEC. 7. IN ADMINISTERING THE PROVISIONS OF LAW RELATING TO PAY AND LEAVE OF ABSENCE, THE WORKDAYS REFERRED TO IN SECTIONS 4, 5, AND 6 SHALL BE TREATED AS HOLIDAYS IN LIEU OF THE CORRESPONDING CALENDAR HOLIDAYS.'

IT WILL BE OBSERVED THAT THE FOREGOING EXECUTIVE ORDER IS FOR APPLICATION TO EMPLOYEES HAVING A ,BASIC WORKWEEK.' WHILE THE ORDER DEFINES "HOLIDAY" AND "WORKDAY," IT DOES NOT DEFINE "BASIC WORKWEEK" THUS MAKING IT NECESSARY TO LOOK ELSEWHERE FOR A DEFINITION THEREOF. SECTION 604 (A) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, 59 STAT. 304, PROVIDES:

IT SHALL BE THE DUTY OF THE HEADS OF THE SEVERAL DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS AND AGENCIES IN THE EXECUTIVE BRANCH, INCLUDING GOVERNMENT-OWNED OR CONTROLLED CORPORATIONS, AND THE DISTRICT OF COLUMBIA MUNICIPAL GOVERNMENT, TO ESTABLISH AS OF THE EFFECTIVE DATE OF THIS ACT, FOR ALL FULL-TIME OFFICERS AND EMPLOYEES IN THEIR RESPECTIVE ORGANIZATIONS, IN THE DEPARTMENTAL AND THE FIELD SERVICES, A BASIC ADMINISTRATIVE WORKWEEK OF FORTY HOURS, AND TO REQUIRE THAT THE HOURS OF WORK IN SUCH WORKWEEK BE PERFORMED WITHIN A PERIOD OF NOT MORE THAN SIX OF ANY SEVEN CONSECUTIVE DAYS.' (ITALICS SUPPLIED.)

SECTION 25.203 Z1-321, OF THE FEDERAL PERSONNEL MANUAL PROVIDES:

DEFINITIONS. FOR THE PURPOSES OF THIS SUBPART, DEFINITIONS ARE GIVEN FOR WORDS, TERMS, AND PHRASES AS FOLLOWS:

(A) (1) " ADMINISTRATIVE WORKWEEK" MEANS A PERIOD OF SEVEN CONSECUTIVE CALENDAR DAYS.

(2) "REGULARLY SCHEDULED ADMINISTRATIVE WORKWEEK" FOR FULL-TIME OFFICERS AND EMPLOYEES MEANS THE PERIOD WHITIN AN ADMINISTRATIVE WORKWEEK, ESTABLISHED PURSUANT TO SECTION 25.211, WHEN SUCH OFFICERS AND EMPLOYEES ARE REQUIRED TO BE ON DUTY REGULARLY. FOR PART-TIME EMPLOYEES, IT MEANS THE OFFICIALLY PRESCRIBED DAYS AND HOURS WITHIN AN ADMINISTRATIVE WORKWEEK DURING WHICH SUCH EMPLOYEES ARE REQUIRED TO BE ON DUTY REGULARLY.

(B) "BASIC WORKWEEK" FOR FULL-TIME OFFICERS AND EMPLOYEES MEANS THE 40- HOUR WORKWEEK ESTABLISHED PURSUANT TO SECTION 25.211.

ACCORDINGLY, IT APPEARS REASONABLE TO CONCLUDE THAT THE TERM,"BASIC WORKWEEK," AS USED IN THE EXECUTIVE ORDER HEREINABOVE QUOTED PROPERLY SHOULD BE ACCORDED THE COMMONLY UNDERSTOOD MEANING OF SAID TERM AS EMPLOYED IN THE FOREGOING PAY ACT AND APPLICABLE CIVIL SERVICE REGULATIONS. SPECIFICALLY, THEREFORE, THAT TERM AS USED IN THE EXECUTIVE ORDER WILL BE CONSTRUED AS RELATING ONLY TO EMPLOYEES WHO HAVE A REGULARLY ESTABLISHED WORKWEEK OF AT LEAST 40 HOURS.

CONSISTENT WITH SUCH CONSTRUCTION THE PROVISIONS OF EXECUTIVE ORDER NO. 10358 DO NOT APPLY TO PART-TIME EMPLOYEES, SUCH EMPLOYEES BEING ENTITLED TO HOLIDAY BENEFITS ON THE SAME BASIS AS THAT EXISTING PRIOR TO THE PROMULGATION OF THE SAID ORDER. SEE 26 COMP. GEN. 690. QUESTIONS A, B AND C ARE ANSWERED ACCORDINGLY.

REFERRING TO QUESTION D, TRAINEES RECEIVING STIPENDS, CERTAIN CLASSES OF WHICH EXPRESSLY ARE EXCLUDED BY THE ACT OF AUGUST 4, 1947, 61 STAT. 727, FROM THE OPERATION OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS AMENDED, ARE NOT TO BE REGARDED AS OFFICERS OR EMPLOYEES OF THE UNITED STATES. SEE 23 COMP. GEN. 358; COMPARE 23 ID. 436. ACCORDINGLY, THEY ARE NOT WITHIN THE PURVIEW OF EXECUTIVE ORDER NO. 10358.