(43 Stat. 1081), and established as a component part of the United States Navy a Naval Reserve consisting of 4 classes: The Fleet Reserve. The Organized Reserve. The Merchant Marine Reserve. The Volunteer Reserve. The same act abolished the United States Marine Corps Reserve established under the act of February 28, 1925, and established as a component part of the United States Marine Corps, a Marine Corps Reserve, consisting of three classes: The Fleet Marine Corps Reserve. The Organized Marine Corps Reserve. Section 2 of the act provides that the provisions of law applying to the Naval Reserve shall apply also to the Marine Corps Reserve (except as may be necessary to adapt said provisions to the Marine Corps), and that the Fleet Marine Corps Reserve, the Organized Marine Corps Reserve, and the Volunteer Marine Corps Reserve are to correspond, as nearly as may be, to the Fleet Reserve, the Organized Reserve, and the Volunteer Naval Reserve, respectively. 2. Section 9 of the Naval Reserve Act of 1938 contains the following provision: "That all officers and employees of the United States or of the District of Columbia who are members of the Naval Reserve shall be entitled to leave of absence from their respective duties without loss of pay, time, or efficiency rating on all days during which they may be employed with or without pay under the orders or authorization of competent authority, on training duty for periods not to exceed fifteen days in any one calendar year." 3. Section 315 of the Naval Reserve Act of 1938 contains the following provision: "In time of peace, except as herein otherwise provided, members of the Naval Reserve in receipt of pay for the performance of drills, equivalent instruction or duty, or appropriate duties may be required to perform such training duty, not to exceed fifteen days annually, as may be prescribed by the Secretary of the Navy: Provided, That they may be given additional training or other duty, either with or without pay, as may be authorized, with their consent, by direction of the Secretary of the Navy." NOTE.-Attention is invited to the fact that section 9 of the act applies only to training duty. Members of the Naval Reserve or Marine Corps Reserve ordered to active duty for purposes other than training may not be allowed "military leave." Such leave in any case is limited to 15 days in any calendar year. 4. The Navy Department states that only members of the Organized Reserve are at this time, February, 1940, required to perform training duty. Such duty is limited to 14 days in a calendar year. Members of other branches of the Naval Reserve or Marine Corps Reserve are ordered or authorized to train only with their own consent. 5. Section 4 of the Naval Reserve Act of 1938 contains the following provision: "That no existing law shall be construed to prevent any member of the Naval Reserve from accepting employment in any civil branch of the public service nor from receiving the pay and allowances incident to such employment in addition to any pay and allowances to which he may be entitled under the provisions of this act." 6. Under the provision of law quoted in paragraph 5 above, members of the Naval Reserve or of the Marine Corps Reserve who may be ordered or author ized to train with pay may be allowed any annual leave standing to their credit for the time during which they are absent from their civilian positions on the training duty. 7. Any employee who is absent on active duty as a member of the Naval Reserve or the Marine Corps Reserve and who is placed in status of leave without pay from his civilian position, may be reemployed in his civilian position upon the termination of his active duty as a member of the reserve, without reference to higher authority. In any such case, in accordance with the provisions of section 9 (b) of the Uniform Annual Leave Regulations approved March 29, 1940, effective July 1, 1936, credit for the annual leave standing to the credit of the employee at the time he went on active duty as a member of the reserve and which was not taken prior to such active duty may be restored to the employee. Sick leave standing to the credit of the employee at the time he went on active duty as a member of the reserve also will remain to his credit upon reemployment (decision of the Comptroller General of July 28, 1938, 18 C. G. 94, and of Feb. 11, 1939, 18 C. G. 653). (See also decision of Nov. 18, 1939, 19 C. G. 510.) 1030. HOLIDAYS 1030.1. Allowance of holidays to employees paid on per diem or per hour basis.-Public Resolution No. 127, Seventy-fifth Congress, approved June 29, 1938, as follows: "Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter whenever regular employees of the Federal Government whose compensation is fixed at the rate per day, per hour, or on a piece-work basis are relieved or prevented from working solely because of the occurrence of a holiday such as New Year's Day, Washington's Birthday, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day, or any other day declared a holiday by Federal statute or Executive order, or any day on which the departments and establishments of the Government are closed by Executive order, they shall receive the same pay for such days as for other days on which an ordinary day's work is performed. "SEC. 2. The joint resolution of January 6, 1885 (U. S. C., title 5, sec. 86), and all other laws inconsistent or in conflict with the provisions of this act are hereby repealed to the extent of such inconsistency or conflict.” 1030.2. Conditions under which holiday pay may not be allowed: "If per diem, per hour, and piece-work employees are required to work on a holiday occurring either within their regular tour of duty, or on a day outside their regular tour of duty, only 1 day's pay is authorized. In the event the employee serves on a 40-hour week basis, he is not entitled to pay for a holiday occurring on a day outside the regular tour of duty on which no work is performed. It may be presumed that an employee was relieved or prevented from working on a holiday solely because it was a holiday only when the employee is actually on the job at the close of the work day before, and at the beginning of the work day after, the holiday. Payment for a holiday occurring within or at the beginning or end of a period of annual or sick leave of absence with pay may be made if in accordance with the leave statutes and regulations. "Per diem or per hour employees hired on an intermittent basis with the understanding that they will be paid only for the time for which they actually render service may not be paid for holidays on which they render no actual service." 1030.3. When holiday occurs on Sunday.—It is hereby ordered that all offices of the Government, arsenals, navy yards, and stations, and other Government establishments shall, when the 1st day of January, the 22d day of February, the 30th day of May, the 4th day of July, and the 25th day of December fall on the first day of the week, commonly called Sunday, be closed to public business on the following Monday, and that all employees in the public service, wherever employed, who would be excused from work on the above-named days be excused on the following Monday when said days fall on the first day of the week, commonly called Sunday, excepting that where a State law fixes for a holiday another day than the Monday following such legal holiday the Government offices and other Government establishments situated in such States shall close, and employees in the public service shall be excused on that day which is in conformity to State law (Executive order, published in Cir. 31, W. D., 1909). 1030.4. Duration of working day on Saturday. The following act of Congress approved March 3, 1931, governs the duration of the working day of employees of the Engineer Department at large: "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That on and after the effective date of this act four hours, exclusive of time for luncheon, shall constitute a day's work on Saturdays throughout the year, with pay or earnings for the day the same as on other days when full time is worked, for all civil employees of the Federal Government and the District of Columbia, exclusive of employees of the Postal Service, employees of the Panama Canal on the Isthmus, and employees of the Interior Department in the field, whether on the hourly, per diem, per annum, piecework, or other basis: Provided, 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 cannot be spared, such employees shall be entitled to an equal shortening of the workday on some other day: Provided further, That the provisions of this act shall not deprive employees of any leave or holidays with pay to which they may now be entitled under existing laws." 1030.5. Saturday half-holiday exceptions.—Under the proviso contained in the act of March 3, 1931, it is hereby determined that for special public reasons the following classes of employees of the Engineer Department at large may be required to render service on Saturday afternoons, when in the judgment of the officer in charge of the work on which they are engaged their services are required, viz; Officers and crews of vessels and all other employees serving on vessels; employees performing duties of, or similar to, those of watchmen; inspectors of work under contract; engineers and firemen of boilers upon which steam is kept up night and day; lock tenders, cooks, and waiters; and workmen engaged upon cofferdam, flood control, or other similar works, when delay may mean definite public loss, Employees required to render service on Saturday afternoons under the authority granted herein shall be allowed an equal shortening of the workday on some other day. Whenever practicable, the employees required to work on Saturday afternoons shall be required to take the substitute time on an afternoon of the week immediately following, provided that where the interests of the service require and in no case for the convenience of the employee only, the time to be allowed in lieu of time in which service is rendered on Saturday afternoons may be allowed to accumulate, and may be given to the employee at the convenience of the Government either in half-day periods or periods of a full day or more. The time to be allowed shall be computed at the rate of 3 hours for each Saturday afternoon on which service is rendered by an employee who is regularly employed on the basis of a 7-hour day, exclusive of lunch period, and at the rate of 4 hours for each Saturday afternoon on which service is rendered by an employee who is regularly employed on the basis of an 8-hour day, exclusive of lunch period. 1030.6. Payment for service in excess of 4 hours on Saturdays.-The Comptroller General of the United States has held that there is no authority to pay employees of the Engineer Department additional wages for services performed in excess of 4 hours upon Saturdays on which half holidays were allowed by Executive order. This decision shall be followed in connection with the allowance of Saturday half holidays under the provisions of the act of March 3, 1931, and all agreements of employment will be made upon this basis. 1030.7. Pay for less than 4 hours' work. Since 4 hours constitute a day's work on Saturdays for all employees of the Engineer Department at large, each employee who works for only a fractional part of said 4 hours and is not allowed the remainder of the 4 hours on annual leave or sick leave with pay, shall be entitled to such proportion of a full day's pay as the time actually worked bears to 4 hours, provided the employee is in duty status at the close of business on the Saturday involved. If the employee is in nonpay status at the close of business on the Saturday involved, he may be given no benefit of the shorter day, pay for the portion of the day worked to be computed on the basis of a regular working day. (See 11 Comp. Gen. 119, 129, and 216.) If an employee does not work at all and is not on annual or sick leave with pay, he is not entitled to any part of the day's pay. (See 14 Comp. Dec. 179.) 1030.8. Charging of leaves of absence on Saturdays. When an employee is absent on leave with pay on Saturday for the full working day such absence shall be charged as 4 hours in computing leave. When an employee is absent on leave on Saturday for a portion of the working day, such absence shall be charged in the actual amount of leave taken; i. e., 1 hour shall be charged as 1 hour, 2 hours shall be charged as 2 hours, and 3 hours shall be charged as 3 hours. 1030.9. Sunday.-No work will be done on Sunday unless it is imperatively necessary (Cir. 12, C. of E., 1908.) 1030.10. District of Columbia holidays.-As to what days are to be considered holidays in the District of Columbia for all purposes, see section 1389, Code of Laws, District of Columbia (31 Stats. 1404), amended by act approved June 30, 1902 (32 Stats. 543.) 1030.11. State holidays.-By authority of the Secretary of War, District Engineers are authorized to close their offices and to suspend office work on local State holidays which are generally observed in the cities in which the offices are located whenever the work of the office is in such state of advancement that such closing can be permitted without detriment to the public service. No cognizance of local State holidays shall be taken in field work, such work being continued on such holidays as on other days, except that in the field such per diem men and other men as may desire to take such holidays may be allowed to do so without prejudice to their service standing whenever their absence will not seriously injure the progress of the work. It should be borne in mind, however, that per diem or hourly employees who are absent on holidays not covered by paragraph 1030.1 are not entitled to pay for those days. The absence of such per diem or hourly employees, and of all other employees on such days, except in the case of office employees on days when the office is officially closed under the authority herein granted, shall be charged against their annual leave allowance, provided the employees so absent come within the classes entitled to annual leave with pay; if the employees are not entitled to annual leave the absence shall be reported as leave without pay. 1030.12. Pay of per annum employées for holidays.-A per annum employee who is granted leave of absence without pay for a period expiring with the day preceding a Sunday or legal holiday, and who returns to duty at the beginning of the first workday after the expiration of his leave, is entitled to compensation from the date of the expiration of his leave (22 Comp. Dec. 440; see also 13 Comp. Gen. 206 and 207). 1031. HOURS OF LABOR 1031.1. Regulations governing hours of labor of civilian employees. The regulations issued by the Secretary of War by Orders (F) dated June 4, 1936, as amended by War Department Order (G) dated June 23, 1936, for the administration in the War Department of the provisions of section 2 of the act of March 14, 1936, governing hours of labor of civilian employees, are as follows: 1. Section 2 of the act of Congress approved March 14, 1936, entitled "An act to provide for vacations to Government employees, and for other purposes," (49 Stat. 1161) is as follows: "Each head of a department or independent establishment shall issue general public regulations, not inconsistent with law, setting forth the hours of duty per day and per week for each group of employees. Before issuing such regulations, which shall be issued within 3 months from the date of approval of this act, the heads of departments and independent establishments shall meet and consult among themselves and make such regulations as nearly uniform as possible, so that all employees, temporary or permanent, in all departments and independent establishments shall receive like treatment as nearly as may be practicable: Provided, That heads of departments and independent establishments may appoint a subcommittee to draft such regulations." 2. The Civil Service Commission, after consulting representatives of heads of departments and independent establishments and on the basis of the study and report of a special committee which it appointed, recommends the adoption of standard hours of labor, where not inconsistent with law, as follows: Employee Group 1.—Duty of 7 hours per day with 39 hours per week. Employee Group 2.-Duty of 8 hours per day with 40 or 44 hours per week. Employee Group 3.-Duty of an average of 8 hours per day or an average of 44 hours per week with the enforcement of this average spread over a 3-month period. In other words, the standard to be a limit of 572 hours per 3-month period. 44 X 52 =572 OCCUPATIONS COMING UNDER GROUP 1 Office workers in general. Foreign service employees. Professional, scientific, and technical employees, and subprofessional employees, employed principally in office or laboratory duty. Office messengers and office laborers. Administrative and staff employees in penal and correctional institutions and in hospitals. Bank and similar examiners. Investigational and inspectional employees engaged in the enforcement of Federal laws. And such other occupations as correspond in character more nearly to those listed above in Group 1 than to those listed in Groups 2 and 3. |