B-39689, FEBRUARY 11, 1944, 23 COMP. GEN. 584

B-39689, FEBRUARY 11, 1944, 23 COMP. GEN. 584

HOLIDAY COMPENSATION - PART TIME EMPLOYEES PAID ON PER ANNUM BASIS INASMUCH AS THE PER ANNUM PART TIME COMPENSATION OF AN EMPLOYEE REGULARLY EMPLOYED PART TIME IS COMPUTED BY MULTIPLYING THE PER ANNUM SALARY RATE PROPERLY FIXED FOR SIMILAR FULL TIME SERVICE BASED ON 360 DAYS PER ANNUM BY THE FRACTION OF TIME ACTUALLY WORKED BY THE PART TIME EMPLOYEE--- WHICH COMPUTATION RESULTS IN THE PAYMENT OF COMPENSATION FOR EVERY DAY OF THE YEAR, INCLUDING SUNDAYS AND HOLIDAYS--- PART TIME EMPLOYEES PAID ON A PER ANNUM BASIS ARE ENTITLED TO COMPENSATION FOR CHRISTMAS DAY, 1943, A LEGAL HOLIDAY ON WHICH THEY WERE PREVENTED FROM WORKING BECAUSE THE OFFICE WAS CLOSED ON THAT DAY.

ACTING COMPTROLLER GENERAL YATES TO A. J. MCCOLLUM, DEPARTMENT OF AGRICULTURE, FEBRUARY 11, 944:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 21, 1944 (YOUR FILE 1 AJM), AS FOLLOWS:

THERE HAS BEEN PRESENTED TO ME FOR CERTIFICATION, AS AUTHORIZED CERTIFYING OFFICER, THE ATTACHED PAYROLL VOUCHER, STANDARD FORM 1013D REVISED, IN FAVOR OF FLORENCE P. JOHNSON, IN THE AMOUNT OF $11.50 REPRESENTED AS SALARY EARNED FOR DECEMBER 18 AND DECEMBER 25, 1943.

AS EVIDENCED BY THE ATTACHED COPY OF PERSONNEL FORM NO. AD-126, MISS JOHNSON WAS APPOINTED OCTOBER 30, 1943, AS A JUNIOR CLERK 1STENOGRAPHER, CAF-2, AT $240.00 PER ANNUM, ON A WAR SERVICE APPOINTMENT TO TERMINATE NOT LATER THAN OCTOBER 29, 1944 ( PART TIME). THE PERSONNEL FORM FURTHER STATES THAT " MISS JOHNSON WILL WORK FROM 9:00 A.M. TO 5:30 P.M. (8 HOURS) ON SATURDAY.'

THE POLICIES AND PROCEDURES PRESCRIBED FOR THE EMPLOYMENT OF PART TIME PERSONNEL IN THE UNITED STATES DEPARTMENT OF AGRICULTURE ARE CONTAINED IN OFFICE OF PERSONNEL CIRCULAR NO. 129, DATED JANUARY 9, 1943.

SINCE THE OFFICE WAS CLOSED ON DECEMBER 25, 1943, MISS JOHNSON WAS UNABLE TO WORK ON THIS DAY. THE ATTACHED PAYROLL HAS BEEN PREPARED IN ACCORDANCE WITH THE FORMULA PRESCRIBED IN YOUR DECISION B-34459, DATED MAY 17, 1943, IN SUCH A MANNER AS TO PROVIDE FOR PAYMENT FOR DECEMBER 18 AND 25 AS FOLLOWS:

16 15

---X--- X $240 EQUALS $10.00 PLUS $1.50

16 360 (15 PERCENT IN LIEU OF OVERTIME)

YOUR DECISION AS TO WHETHER MISS JOHNSON MAY BE PAID FOR DECEMBER 25 IS RESPECTFULLY REQUESTED.

IN THE DECISION OF MAY 17, 1943 (B-34459), 22 COMP. GEN. 1043, TO WHICH YOU REFER, IT WAS HELD (QUOTING FROM THE SYLLABUS):

THE BASIC ANNUAL SALARY OF A PART TIME EMPLOYEE, AS DEFINED IN THE REGULATIONS ISSUED PURSUANT TO THE WAR OVERTIME PAY ACT OF 1943, ON WHICH IS TO BE COMPUTED THE 15 PERCENT ADDITIONAL COMPENSATION AUTHORIZED BY SECTION 3 (C) OF SAID ACT, SHOULD BE COMPUTED BY DIVIDING THE NUMBER OF HOURS THE PART TIME EMPLOYEE WORKS PER WEEK BY THE NUMBER OF HOURS IN THE ADMINISTRATIVE WORKWEEK CURRENTLY IN EFFECT FOR FULL TIME EMPLOYEES OF THE SAME CLASS, AND MULTIPLYING THE QUOTIENT BY THE BASIC ANNUAL SALARY RATE FOR FULL TIME SERVICE ESTABLISHED BY THE CLASSIFICATION ACT. RULES STATED IN 22 COMP. GEN. 738, ID. 827, WITH RESPECT TO ADDITIONAL COMPENSATION UNDER THE ACT OF DECEMBER 22, 1942, FOR PART-TIME EMPLOYEES, NEED NOT BE REGARDED AS REMAINING IN EFFECT BEYOND APRIL 30, 1943--- THE EXPIRATION DATE OF THAT ACT.

IN THE CASE OF PART TIME EMPLOYEES EMPLOYED ON A PER ANNUM SALARY RATE BASIS TO WORK A DESIGNATED NUMBER OF HOURS PER WEEK WITH DIFFERING LENGTHS OF WORK DAYS DURING THE WEEK, THE BASIC COMPENSATION, ON WHICH IS TO BE BASED THE 15 PERCENT ADDITIONAL COMPENSATION AUTHORIZED FOR SUCH EMPLOYEES BY SECTION 3 (C) OF THE WAR OVERTIME PAY ACT OF 1943, FOR 15 DAY SEMIMONTHLY PAY PERIODS (INCLUDING ANY SUCH PAY PERIOD DURING WHICH THE EMPLOYEE IS IN A PAY STATUS FOR ONLY A PORTION OF THE PERIOD) SHOULD BE COMPUTED BY THE FOLLOWING FORMULA: HOURS ACTUALLY WORKED DURING THE PAY PERIOD DIVIDED BY THE HOURS THAT SHOULD HAVE BEEN WORKED, TIMES 15/360, TIMES THE PART TIME ANNUAL SALARY RATE. 22 COMP. GEN. 889, AMPLIFIED.

THE PER ANNUM PART-TIME COMPENSATION OF AN EMPLOYEE REGULARLY EMPLOYED PART TIME IS COMPUTED BY MULTIPLYING THE PER ANNUM SALARY RATE PROPERLY FIXED FOR SIMILAR FULL TIME SERVICE BASED ON 360 DAYS PER ANNUM, BY THE FRACTION OF TIME ACTUALLY WORKED BY THE PART-TIME EMPLOYEE. 11 COMP. GEN. 211. HENCE, A PART-TIME EMPLOYEE PAID ON AN ANNUAL BASIS IS PAID COMPENSATION FOR EVERY DAY OF THE YEAR, INCLUDING SUNDAYS AND HOLIDAYS, REGARDLESS OF WHETHER WORK IS PERFORMED ON EVERY DAY. IT FOLLOWS, THEREFORE, THAT PART-TIME EMPLOYEES PAID ON AN ANNUAL BASIS ARE ENTITLED TO COMPENSATION FOR CHRISTMAS DAY, 1943, A LEGAL HOLIDAY ON WHICH THEY WERE PREVENTED FROM WORKING BECAUSE OF THE FACT THAT THE OFFICE WAS CLOSED. CF. DECISIONS OF DECEMBER 8, 1943, B 38663, TO THE SECRETARY OF WAR, 23 COMP. GEN. 415, AND JANUARY 25, 1944, B-39390, TO THE POSTMASTER GENERAL, 23 COMP. GEN. 538.

ACCORDINGLY, THE VOUCHER, IF OTHERWISE CORRECT, MAY BE CERTIFIED FOR PAYMENT.