Evening star., 1937-12-29
D, c, HOLIDAY PAY
DENIED PER DIEM
W0RKERSBYRULE
40 Hour Week EMPLOYEES
Not Included in Grant,
Controller Finds.
PREVIOUS DECISIONS
ALSO ARE REAFFIRMED
Distinction Between Federal and
Capital Statutes Are
Pointed Out.

Per diem employees of the District
government who are working a 40
hour week are not entitled to the holi-
day gratuity pay granted per diem
workers generally in the Federal Gov
eminent under a decision announced
today by Acting Controller General
Elliott.
In a second decision, Mr.. Elliott re-
affirmed previous rulings to the effect
that per diem workers are not entitled
to be paid on any days when Gov
ernment establishment is closed by
executive order.
The decision covering the District
per diem workers affects about 5000
men generally in the skilled trades
It was sent to the District Commits
sioners. who have told Mr.. Elliott that
to apply the gratuity scale on Decem-
Der 25 and January would cost the
District government approximately
$4,000
one of seven statutory holidays falls
on a non-work day. These are Janu-
ary l, February %, May 80. July 4,
Labor Day, Thanksgiving and Christ
mas. In the District of Columbia.
Inauguration Day is in the same
category. On these days per diem
workers are paid one days pay if
they do not work and two days if they
work.
Straight Time or Time and Half.
The Acting Controller General said
that if these per diem employees worked
on Christmas and New Year Days they
would be paid straight time if their
hours did not run them over the 40
hour week and time and one-half for
any hours in excess of 40.
THE distinction between the holi-
day statutes applicable to per diem
employees Of the Federal Government
and the statute applicable to the
District government is that the former
grants a gratuity of days pay for
each of the legal holidays therein
mentioned. whereas the latter merely
grants such leave Of absence with pay
as Is granted the regular annual en-
ployes Of the District for such legal
holidays said Mr. Elliott.
This leave for holidays under the
District of Columbia statute is re-
quired to be excluded in computing
the rs days annual leave OF absence
with pay granted to all permanent
employees
The question raised by the Commits
sioners came up for the first time
since per diem workers in the District
went on the 4o-hour week year ago.
Decision Given Navy.
The decision with reference to ex-
ecutive order holidays was given to
the Navy Department, which disputed
a previous ruling by the acting con-
troller general. The department said
1t had been giving per diem workers
pay for such holidays on the basis
of old rulings. but that doubt had
been created as to the legality of these
by a recent decision from the con-
troller generals Office to the Panama
Canal
Mr.. Elliott said:
when an executive order closes an
Office and excuses employees from
duty an entire day and no work is
performed on that day and the day
is not charged to annual leave. per
diem employees are not entitled to
compensation; but where an executive
order only shortens a work day and
per diem employees work on that day,
the full time fixed by the executive
order as the length of the work day,
they are entitled to full days COM
pensation.'
Under this ruling per diem employees
are barred from pay on December "a.