Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-08-21

C0asrollsr Matthews says They Can be Paid
Only for Time When ut Work.

Controller Matthews says They Can be Paid
Only for Time when ut Work.
There are good many per diem employees Of
the District who will have an interest, perhaps
a mournful interest, in ruling made by Con-
troller Matthews and SGT forth in q letter re-
ceived by the District Commissioners from that
oficial today. The ruling is made on papers
referred to the controllers Office respecting
the case Of F. W. Golliday, who had been in
the service of the District for fifteen months as
garbage inspector and made application for
leave Of absence for one month with pay.
The ruling applies to overseers, inspectors and
other employees required temporarily in con-
nection with sewer, street or road work. the
construction and repair Of buildings and
bridges or any work the incidental expenses OF
which are charged against the appropriation
for the work.
The controller writes: "Under common usage,
which has become common law, the rights and
privileges Of per diem employees are very differ,
ent from those of permanent employees hired
by the year and paid a yearly salary.
"By such usage permanent employees are
given day or several days for recreation or to
attend to their own business without stoppage
Of pay, with the understanding, however, tnat
when they return they will be the more dill
gent in the service Of their respective employ
ers and will do the work left undone during
their absence.
ION the contrary per diem employees are
termed temporary employees and are entitied
to pay and are paid only for the time engaged
at work and If absent for their health or recrea-
ton or upon their own business their pay stops
until labor is resumed. Certain per diem EN-
ployey of the government are given leaves OF
absence with pay. but such leaves are provided
FOR by statute. Sec I'D stats, page 564. and
oath stats, pages 81 and GOT.
There seems to be no statute in regard to
- Il rxl,x~a NJ f1,ah rufr tnf
Columbia and therefore the common law must
determine the right of such employees as to
leaves Of absence with pay. It may be urged
with apparent force that some of the employees
under the quoted provision Of the appropri
alton act are in fact in the service Of the Dis
trict during the whole year and are therefore
entitled to leaves as permanent employees, bu
it must be remembered that they are by TIT
statute which authorizes their employment de-
| clared to be employees temporarily required
and they are paid by the day. Congress re
| fused to provide annual salaries for them.
| am therefore forced to the conclusion that thu
per diem employees paid from the several ap
preparations, as provided in the above quoted
extract, are not entitled to leaves Of absenc'
with pay.
There are special reasons why temporar!
employees payable from the appropriation fol
| permit work should not be given leaves o
| absence with pay. The law provides that one
half OF the cost Of such work should be paid b,
the owners Of the abutting property. There
danger that il such ar employe should b.
absent with pay and one-half Of such pay b.
assessed upon property abutting on some I'm
provement, such assessment would be set aside
| upon application to the proper court
| ut il also asked whether such employees cal
lawfully be paid for holidays on which no worl
| Is done by them.
| AS stated above per diem employees are en-
titled to pay only for the time engaged at work
| This rule has been changed as to employees Q
the government 80 far as to give them pay TO
certain holidays. Bee joint resolutions ap
proved respectively April 10, 1885, March
1881; January 6, 1885, and February %, 1857
Those resolutions do not seem to include EN-
pioyes Of the District Of Columbia.
1T is further asked whether such employe
are entitled to pay when unable to work O
account of sickness or inclement weather.
is stated above that per diem employe
are entitled to pay only for the tim
engaged at work, and / am of opinio
that the law is as stated, yet If sue
an employee should be taken sick when q
work or if during the day the weather shoul
become too Indictment for work, 80 that tn
employee could not work the whole day, this OF
fee while under my supervision will not b
disposed to take cognizance OF SO small maj
ter II the Commissioners shall pay the employ
for the whole day, but am unable to see ho'
this office could as u rule allow charges for pa
to a per diem employe for days on which II
| work was done.
This letter must be understood as applicabl
only to employees under the above quote
| extract"