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B-225137 1 (1987-03-10)

handle is hein.gao/gaobadmpr0001 and id is 1 raw text is: AThe Comptroller General of the United States Washington, D.C. 20548 Decision Matterof. Norma Visneski - Holiday Pay - Leave Without Pay Status File: B-225137 Date: March 10, 1987 DIGEST An employee was in an administratively approved leave without pay status (LWOP) on December 24. Due to delay in arriving at her duty station on December 26, she was charged an additional 1 hour as LWOP, but she worked the remainder of her scheduled tour of duty that day. We conclude that she is entitled to pay for the December 25 holiday. So long as an employee is in a pay status on the workday either before or following a holiday, the presumption is that the employee would have worked on the holiday and straight-time pay for - the holiday may be paid. While the LWOP status on the workday before the holiday was planned, the employee's delay on the day following the holiday which caused the 1 hour LWOP charge was not anticipated. Under these circumstances, we presume that she would have worked on the day designated as the holiday. DECISION This decision is in response to a request from the Executive, Assistant Comptroller for Finance and Accounting, Office of the Comptroller of the Army. It concerns the entitlement of a civilian employee of the Department of the Army to be paid for the holiday of December 25, 1985, when she was in a leave without pay status (LWOP) both before and after the holiday. We conclude that the employee may be paid, for the following reasons. BACKGROUND Ms. Norma Visneski, a civilian employee at Fort Monroe, Virginia, was in a leave without pay status on December 24, 1985, because she did not have any accrued leave to cover her absence. She was also in an LWOP status for the first hour of her scheduled tour of work on December 26, 1985. Based on the agency's interpretation of our decision Pay for Holiday not Worked, 56 Comp. Gen. 393 (1977), the Finance and Accounting Officer declined to pay Ms. Visneski for December 25, 1985, since she was not in a pay status at the beginning of the day following the holiday, December 26. ta%3 .9- Ia39 7

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