B-157963, NOV. 30, 1965, 45 COMP. GEN. 296

B-157963, NOV. 30, 1965, 45 COMP. GEN. 296

COMPENSATION - POSTAL SERVICE - HOLIDAYS - SATURDAY - DAY IN LIEU OF HOLIDAY WHEN THE CHRISTMAS HOLIDAY OCCURS ON SATURDAY, AN ANNUAL RATE REGULAR POSTAL DISTRIBUTION CLERK IN PFS-4, SCHEDULED FOR DUTY MONDAY THROUGH FRIDAY, WHO WORKS 8 HOURS ON FRIDAY, DECEMBER 24, 1965, IS ENTITLED TO THE "CHRISTMAS DAY" EXTRA COMPENSATION FOR THE WORK PERFORMED ON FRIDAY THAT IS PROVIDED BY 39 U.S.C. 3573 (C) (3) (A/--- 150 PERCENTUM OF BASIC RATE OF COMPENSATION--- DUE TO THE FACT THAT THE HOLIDAY FALLING ON SATURDAY, UNDER 5 U.S.C. 87C THE PRECEDING FRIDAY IS CONSIDERED THE LEGAL PUBLIC HOLIDAY, AND SHOULD THE EMPLOYEE AFTER HAVING COMPLETED THE 40-HOUR WORKWEEK ALSO WORK ON SATURDAY, THE CHRISTMAS DAY, HE WOULD ONLY BE ENTITLED TO OVERTIME COMPENSATION FOR THAT DAY, NEITHER 5 U.S.C. 87C NOR ANY OTHER STATUTE AUTHORIZING 2 DAYS OF HOLIDAY PAY FOR THE SAME HOLIDAY, OR PURPORTING TO CREATE AN ADDITIONAL HOLIDAY FOR EMPLOYEES IN THE FIELD SERVICE. COMPENSATION - POSTAL SERVICE EMPLOYEES - HOLIDAYS - PREMIUM PAY A SUBSTITUTE POSTAL DISTRIBUTION CLERK PFS-4 WHOSE 8 HOURS SERVICE ON CHRISTMAS DAY, SATURDAY, DECEMBER 25, IS IN EXCESS OF 40 HOURS IS ENTITLED TO THE PREMIUM PAY PROVIDED BY 39 U.S.C. 3573 (C) (3) (B) COMPUTED AT THE RATE OF 50 PERCENTUM OF HIS HOURLY RATE OF COMPENSATION TO BE DETERMINED BY USING 2016 AS THE DIVISOR OF THE ANNUAL RATE IN ACCORDANCE WITH 39 U.S.C. 3541 (D) (2), AND SHOULD THE EMPLOYEE WORK MORE THAN 40 HOURS, INCLUDING THE TIME WORKED CHRISTMAS DAY, DURING THE SERVICE WEEK BEGINNING SATURDAY, DECEMBER 25, HE WOULD BE ENTITLED TO OVERTIME COMPENSATION UNDER SECTION 3573 (B) FOR ALL HOURS WORKED IN EXCESS OF 40, AT THE RATE OF 150 PERCENTUM OF HIS HOURLY RATE OF BASIC COMPENSATION, COMPUTED BY DIVIDING HIS SCHEDULED ANNUAL RATE BY 2080.

TO THE POSTMASTER GENERAL, NOVEMBER 30, 1965:

IN OUR LETTER OF NOVEMBER 17, 1965, IN REPLY TO YOUR DEPUTY POSTMASTER GENERAL'S LETTER OF NOVEMBER 3, 1965, WE ADVISED YOU THAT QUESTIONS 10 AND 12 REQUIRE FURTHER CONSIDERATION BUT THAT SUCH QUESTIONS WOULD BE ANSWERED AS SOON AS POSSIBLE. WE NOW HAVE COMPLETED OUR CONSIDERATION OF QUESTIONS 10 AND 12 WHICH ARE RESTATED AND ANSWERED AS FOLLOWS:

10. CHRISTMAS, DECEMBER 25, 1965, FALLS ON SATURDAY. EMPLOYEE J IS AN ANNUAL RATE REGULAR DISTRIBUTION CLERK IN PFS-4. HE IS REQUIRED TO WORK ON FRIDAY, DECEMBER 24, 1965. HE IS NOT REQUIRED TO WORK ON SATURDAY, DECEMBER 25. IS EMPLOYEE J ENTITLED TO RECEIVE EXTRA COMPENSATION AT THE RATE OF 150 PERCENT OF HIS BASIC HOURLY RATE FOR WORK HE PERFORMS ON FRIDAY, DECEMBER 24, 1965? IN THIS CONNECTION, YOUR ATTENTION IS INVITED TO SECTION 87C (A) (1) OF TITLE 5, U.S. CODE.

39 U.S.C. 3573 (B) AND (C) AS AMENDED BY SECTION 5 (B) OF PUBLIC LAW 89- 301, IS IN PART AS FOLLOWS:

(B) FOR EACH HOUR OF OVERTIME WORK THE POSTMASTER GENERAL SHALL COMPENSATE AN EMPLOYEE IN THE ,PFS" SCHEDULE AS FOLLOWS:

(1) HE SHALL PAY EACH EMPLOYEE IN OR BELOW SALARY LEVEL PFS-7 COMPENSATION AT THE RATE OF 150 PERCENTUM OF THE HOURLY RATE OF BASIC COMPENSATION FOR HIS LEVEL AND STEP COMPUTED BY DIVIDING THE SCHEDULED ANNUAL RATE OF BASIC COMPENSATION BY TWO THOUSAND AND EIGHTY.

(C) FOR OFFICIALLY ORDERED OR APPROVED TIME WORKED ON A DAY REFERRED TO AS A HOLIDAY IN THE ACT OF DECEMBER 26, 1941 (55 STAT. 862; 5 U.S.C. 87B), OR ON A DAY DESIGNATED BY EXECUTIVE ORDER AS A HOLIDAY FOR FEDERAL EMPLOYEES, UNDER REGULATIONS PRESCRIBED BY THE POSTMASTER GENERAL, AN EMPLOYEE IN THE PFS SCHEDULE SHALL RECEIVE EXTRA COMPENSATION, IN ADDITION TO ANY OTHER COMPENSATION PROVIDED FOR BY LAW, AS FOLLOWS:

(1) EACH REGULAR EMPLOYEE IN OR BELOW SALARY LEVEL PFS-7 SHALL BE PAID EXTRA COMPENSATION AT THE RATE OF 100 PERCENTUM OF THE HOURLY RATE OF BASIC COMPENSATION FOR HIS LEVEL AND STEP COMPUTED BY DIVIDING THE SCHEDULED ANNUAL RATE OF BASIC COMPENSATION BY TWO THOUSAND AND EIGHTY.

(2) EACH REGULAR EMPLOYEE IN OR ABOVE SALARY LEVEL PFS-8 SHALL BE GRANTED COMPENSATORY TIME IN AN AMOUNT EQUAL TO THE TIME WORKED ON SUCH HOLIDAY WITHIN THIRTY WORKING DAYS THEREAFTER OR, IN THE DISCRETION OF THE POSTMASTER GENERAL, IN LIEU THEREOF SHALL BE PAID EXTRA COMPENSATION FOR THE TIME SO WORKED AT THE RATE OF 100 PERCENTUM OF THE HOURLY RATE OF BASIC COMPENSATION FOR HIS LEVEL AND STEP COMPUTED BY DIVIDING THE SCHEDULED ANNUAL RATE OF BASIC COMPENSATION BY TWO THOUSAND AND EIGHTY.

(3) FOR WORK PERFORMED ON CHRISTMAS DAY (A) EACH REGULAR EMPLOYEE SHALL BE PAID EXTRA COMPENSATION AT THE RATE OF 150 PERCENTUM OF THE HOURLY RATE OF BASIC COMPENSATION FOR HIS LEVEL AND STEP, COMPUTED BY DIVIDING THE SCHEDULED ANNUAL RATE OF BASIC COMPENSATION BY TWO THOUSAND AND EIGHTY, AND (B) EACH SUBSTITUTE EMPLOYEE SHALL BE PAID EXTRA COMPENSATION AT THE RATE OF 50 PERCENTUM OF THE HOURLY RATE OF BASIC COMPENSATION FOR HIS LEVEL AND STEP.

5 U.S.C. 87C IS QUOTED IN PART AS FOLLOWS:

(A) FOR THE PURPOSES OF PROVISIONS OF LAW RELATING TO PAY AND LEAVE OF ABSENCE OF CIVILIAN OFFICERS AND EMPLOYEES IN OR UNDER THE GOVERNMENT OF THE UNITED STATES, WITH RESPECT TO NEW YEAR'S DAY (JANUARY 1), WASHINGTON'S BIRTHDAY (FEBRUARY 22), MEMORIAL DAY (MAY 30), INDEPENDENCE DAY (JULY 4), VETERANS DAY (NOVEMBER 11), CHRISTMAS DAY (DECEMBER 25), OR ANY OTHER DAY DECLARED TO BE A HOLIDAY BY FEDERAL STATUTE OR EXECUTIVE ORDER, THE FOLLOWING RULES SHALL APPLY:

(1) IF ANY SUCH DAY SHALL OCCUR ON A SATURDAY, THE DAY IMMEDIATELY PRECEDING SUCH SATURDAY SHALL BE HELD AND CONSIDERED TO BE A LEGAL PUBLIC HOLIDAY, IN LIEU OF SUCH DAY WHICH SO OCCURS ON SUCH SATURDAY, (A) FOR SUCH OFFICERS AND EMPLOYEES WHOSE BASIC WORKWEEK IS MONDAY THROUGH FRIDAY, AND (B) FOR THE PURPOSES OF SECTION 2064 (D) OF THIS TITLE.

ASSUMING THE BASIC WORKWEEK OF EMPLOYEE "J" IS MONDAY THROUGH FRIDAY, THEN, UNDER THE ABOVE-QUOTED PROVISIONS OF 5 U.S.C. 87C, FRIDAY, DECEMBER 24, WOULD BE REGARDED AS THE HOLIDAY, AND EMPLOYEE "J" WOULD BE ENTITLED TO THE "CHRISTMAS DAY" EXTRA COMPENSATION FOR WORK ON FRIDAY, DECEMBER 24, COMPUTED AT 150 PERCENTUM OF HIS BASIC RATE OF COMPENSATION. SHOULD HE THEREAFTER WORK ALSO ON SATURDAY AFTER HAVING COMPLETED HIS BASIC 40 HOURS, HE WOULD BE ENTITLED TO OVERTIME COMPENSATION FOR THE SATURDAY WORK. IN THIS CONNECTION NEITHER 5 U.S.C. 87C, PUBLIC LAW 89-301, NOR ANY OTHER STATUTE OF WHICH WE ARE AWARE AUTHORIZES 2 DAYS OF HOLIDAY PAY FOR THE SAME HOLIDAY, OR, STATED DIFFERENTLY, PURPORTS TO CREATE AN ADDITIONAL (NINTH) HOLIDAY FOR EMPLOYEES IN THE POSTAL FIELD SERVICE.

12. SECTION 3573 (C) (3) (B) OF TITLE 39, U.S. CODE, AS AMENDED, PROVIDES THAT FOR WORK PERFORMED ON CHRISTMAS DAY "EACH SUBSTITUTE EMPLOYEE SHALL BE PAID EXTRA COMPENSATION AT THE RATE OF 50 PERCENTUM OF THE HOURLY RATE OF BASIC COMPENSATION FOR HIS LEVEL AND STEP.' EMPLOYEE L IS A SUBSTITUTE DISTRIBUTION CLERK PFS-4. THE DAY BEFORE CHRISTMAS HE HAS ALREADY WORKED 40 HOURS IN HIS SERVICE WEEK. HE PERFORMS EIGHT HOURS OF SERVICE ON CHRISTMAS DAY. IS EMPLOYEE L ENTITLED TO OVERTIME FOR THE EIGHT HOURS USING THE DIVISOR OF 2080 (SECTION 3573 (B) (1) OF TITLE 39, U.S. CODE) OR IS HE ENTITLED TO THE 50 PERCENT EXTRA CHRISTMAS COMPENSATION USING THE DIVISOR OF 2016 (SECTION 3541 (D) (2) OF TITLE 39, U.S. CODE/? IT HAS BEEN SUGGESTED THAT EMPLOYEE L IS ENTITLED TO BOTH THE OVERTIME PAY AND CHRISTMAS PAY.

SECTION 3573 (C) PROVIDES THAT THE PREMIUM PAY FOR WORK PERFORMED ON CHRISTMAS DAY IS IN ADDITION TO ANY OTHER COMPENSATION PROVIDED FOR BY LAW. EMPLOYEE "L," THEREFORE, WOULD BE ENTITLED TO PREMIUM PAY FOR WORK PERFORMED ON CHRISTMAS DAY COMPUTED AT THE RATE OF 50 PERCENTUM OF HIS HOURLY RATE OF COMPENSATION TO BE DETERMINED BY USING 2016 AS THE DIVISOR OF HIS ANNUAL RATE IN ACCORDANCE WITH 39 U.S.C. 3541 (D) (2). ADDITION, IF EMPLOYEE "L" WORKS MORE THAN 40 HOURS--- INCLUDING THE TIME HE WORKS ON CHRISTMAS DAY--- DURING THE SERVICE WEEK BEGINNING SATURDAY, DECEMBER 25, HE WOULD BE ENTITLED TO OVERTIME COMPENSATION, UNDER SECTION 3573 (B), FOR ALL EXCESS HOURS WORKED (HOURS IN EXCESS OF 40) AT THE RATE OF 150 PERCENTUM OF HIS HOURLY RATE OF BASIC COMPENSATION COMPUTED BY DIVIDING HIS SCHEDULED ANNUAL RATE BY 2080.