B-122860, MARCH 7, 1955, 34 COMP. GEN. 428

B-122860, MARCH 7, 1955, 34 COMP. GEN. 428

COMPENSATION - PERIODIC WITHIN-GRADE ADVANCEMENT - WAITING PERIOD COMMENCEMENT THERE IS NO REQUIREMENT INCIDENT TO A TRANSFER BETWEEN GOVERNMENT AGENCIES THAT AN EMPLOYEE BE SEPARATED AT THE CLOSE OF BUSINESS ON HIS LAST WORKDAY, OR THE LAST DAY OF THE PAY PERIOD, AND GENERAL ACCOUNTING OFFICE MAY NOT CHANGE THE EFFECTIVE DATE OF SEPARATION SO THAT THE SERVICE TOWARD A WITHIN-GRADE SALARY INCREASE UNDER SECTION 701 OF THE CLASSIFICATION ACT WOULD COMMENCE IN AN EARLIER PAY PERIOD.

ASSISTANT COMPTROLLER GENERAL WEITZEL TO GEORGE P. SHIPPEY, MARCH 7, 1955:

RECEIPT IS ACKNOWLEDGED OF YOUR LETTER OF JANUARY 3, 1955, REQUESTING REVIEW OF THE SETTLEMENT OF DECEMBER 30, 1954, WHICH DISALLOWED YOUR CLAIM FOR $7.23, REPRESENTING AN INCREASE IN COMPENSATION FOR ONE PAY PERIOD. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT YOUR APPOINTMENT WITH THE DEPARTMENT OF THE AIR FORCE WAS MADE EFFECTIVE MONDAY, OCTOBER 27, 1952, AND, ACCORDINGLY, THE 78 WEEKS (INADVERTENTLY STATED AS 72 WEEKS IN THE SETTLEMENT) REQUIRED BY SECTION 701 (A) OF THE CLASSIFICATION ACT OF 1949, 63 STAT. 954, FOR A PERIODIC INCREASE DID NOT EXPIRE UNTIL THE CLOSE OF BUSINESS SUNDAY, APRIL 25, 1954, THUS NECESSITATING A WAIT UNTIL THE BEGINNING OF THE NEXT PAY PERIOD BEFORE THE WITHIN-GRADE SALARY INCREASE COULD BE EFFECTED.

YOU CONTEND THAT AS FRIDAY, OCTOBER 24, 1952, WAS THE LAST DAY FOR WHICH YOU RECEIVED COMPENSATION IN YOUR EMPLOYMENT WITH THE INSTITUTE OF INTER- AMERICAN AFFAIRS, YOU SHOULD HAVE BEEN SEPARATED ON SATURDAY, OCTOBER 25TH, INSTEAD OF SUNDAY, OCTOBER 26TH.

UNDER SECTION 604 OF THE CLASSIFICATION ACT OF 1945, 59 STAT. 303, THE RESPECTIVE DEPARTMENTS AND ESTABLISHMENTS ARE REQUIRED TO ESTABLISH A BASIC ADMINISTRATIVE WORKWEEK OF 40 HOURS AND TO REQUIRE THAT THE HOURS OF WORK IN SUCH WORKWEEK BE PERFORMED WITHIN A PERIOD OF NOT MORE THAN 6 OF ANY 7 CONSECUTIVE DAYS. IN COMPLIANCE WITH THAT REQUIREMENT IT IS THE GENERAL RULE TO CONFINE THE 40 HOURS TO 5 WORKDAYS, MONDAY THROUGH FRIDAY, WHICH APPEARS TO HAVE BEEN THE WORKWEEK ESTABLISHED IN YOUR CASE WITH THE AGENCY FROM WHICH YOU WERE SEPARATED AND THE AGENCY TO WHICH YOU WERE TRANSFERRED OR REEMPLOYED. SATURDAYS AND SUNDAYS ARE THUS NONWORKDAYS. HOWEVER, THE EMPLOYEE REMAINS ON THE ROLLS OF THE EMPLOYING OFFICE DURING SUCH NONWORKDAYS UNLESS SEPARATED THEREFROM BY ADMINISTRATIVE ACTION OR BY RESIGNATION. WHILE IT WOULD HAVE BEEN LEGALLY PERMISSIBLE FOR YOUR FORMER AGENCY TO HAVE SEPARATED YOU ON SATURDAY, OCTOBER 25, 1952, AND FOR THE DEPARTMENT OF THE AIR FORCE TO HAVE PLACED YOU ON THE ROLLS EFFECTIVE SUNDAY, OCTOBER 26, 1952, NEVERTHELESS, THERE IS NO REQUIREMENT THAT AN EMPLOYEE BE SEPARATED AT THE CLOSE OF BUSINESS ON THE LAST WORKDAY OR THE LAST DAY OF THE PAY PERIOD. THUS, THE ADMINISTRATIVE ACTION IN SEPARATING YOU AT THE CLOSE OF BUSINESS SUNDAY, OCTOBER 26, 1952, FOR TRANSFER TO THE DEPARTMENT OF THE AIR FORCE WAS LEGAL AND PROPER, AND OUR OFFICE IS POWERLESS TO CHANGE THE OFFICIAL RECORDS CONCERNING THE EFFECTIVE DATE OF SEPARATION, ETC. AS YOU RECEIVED A ONE-STEP INCREASE UPON YOUR APPOINTMENT WITH THE DEPARTMENT OF THE AIR FORCE IN GS-12, WHICH CONSTITUTED A PROMOTION FROM THE GS-11 GRADE HELD BY YOU WITH THE INSTITUTE OF INTER- AMERICAN AFFAIRS, 78 WEEKS OF SERVICE WERE REQUIRED TO QUALIFY YOU FOR A FURTHER STEP-INCREASE WHICH TIME DID NOT EXPIRE UNTIL THE CLOSE OF BUSINESS SUNDAY, APRIL 25, 1954. SECTION 701 (A) OF THE CLASSIFICATION ACT OF 1949, PROVIDES THAT ANY WITHIN-GRADE INCREASE SHALL BE EFFECTIVE "AT THE BEGINNING OF THE NEXT PAY PERIOD FOLLOWING THE COMPLETION * * * OF 78 CALENDAR WEEKS OF SERVICE.'

ACCORDINGLY, THE SETTLEMENT DISALLOWING YOUR CLAIM FOR AN ADDITIONAL STEP -INCREASE FOR ONE PAY PERIOD WAS CORRECT AND, UPON REVIEW, THE SETTLEMENT IS SUSTAINED.