B-113274, JANUARY 12, 1953, 32 COMP. GEN. 320

B-113274: Jan 12, 1953

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IS ENTITLED TO BE EXCUSED FROM WORK ON SATURDAY. 1953: REFERENCE IS MADE TO LETTER OF DECEMBER 29. - THE SECRETARY'S REQUEST FOR A DECISION IN THE INSTANT CASE FOR THE PURPOSE OF AVOIDING DELAY WILL BE CONSIDERED AS COMING FROM YOU. THE SAID LETTER IS AS FOLLOWS: A REQUEST IS MADE FOR AN INTERPRETATION OF EXECUTIVE ORDER NO. 10358. WITH RESPECT TO GRANTING OF LEAVE TO A PERSON ON A SO-CALLED ROTATING WATCH WHERE NORMAL DAYS OFF ARE THURSDAY AND FRIDAY. IT IS UNDERSTOOD THAT IN ACCORDANCE WITH EXECUTIVE ORDER NO. 10358. IF (SIC) A PERSON WHOSE DAYS OFF WOULD FALL UPON THE 25TH AND 26TH OF DECEMBER WOULD BE GRANTED THE 27TH AS A DAY OFF BECAUSE OF THE FACT THAT A HOLIDAY FELL UPON THE FIRST OF HIS SCHEDULED DAYS OFF WHICH IS CONSIDERED AS A SUNDAY.

B-113274, JANUARY 12, 1953, 32 COMP. GEN. 320

SUNDAYS AND HOLIDAYS - HOLIDAYS FALLING ON REGULAR WEEKLY NONWORKDAYS UNDER SECTION 4 (B) OF EXECUTIVE ORDER NO. 10358 OF JUNE 9, 1952, WHICH PROVIDES THAT ANY EMPLOYEE WHOSE BASIC WORKWEEK INCLUDES SUNDAY AND WHO ORDINARILY WOULD BE EXCUSED FROM WORK ON A HOLIDAY FALLING WITHIN HIS BASIC WORKWEEK SHALL BE EXCUSED FROM WORK ON THE NEXT WORKDAY OF HIS WORKWEEK WHENEVER A HOLIDAY FALLS ON A DAY THAT ADMINISTRATIVELY HAS BEEN SCHEDULED AS HIS REGULAR WEEKLY NONWORKDAY IN LIEU OF SUNDAY, AN EMPLOYEE WHOSE DAYS OFF FELL ON THE HOLIDAYS, THURSDAY THE 25TH AND FRIDAY THE 26TH OF DECEMBER 1952, WITH THURSDAY HAVING BEEN ADMINISTRATIVELY DETERMINED TO BE THE REGULAR WEEKLY NONWORKDAY IN LIEU OF SUNDAY, IS ENTITLED TO BE EXCUSED FROM WORK ON SATURDAY, DECEMBER 27, 1952, BUT NOT ON SUNDAY, DECEMBER 28, 1952.

ACTING COMPTROLLER GENERAL YATES TO THE CHAIRMAN, FEDERAL COMMUNICATIONS COMMISSION, JANUARY 12, 1953:

REFERENCE IS MADE TO LETTER OF DECEMBER 29, 1952, FROM THE SECRETARY, FEDERAL COMMUNICATIONS COMMISSION, 6161, REQUESTING AN INTERPRETATION OF EXECUTIVE ORDERS NO. 10358, DATED JUNE 9, 1952, AND NO. 10417A, DATED DECEMBER 6, 1952--- THE LATTER EXCUSING FEDERAL EMPLOYEES FROM DUTY ON DECEMBER 26--- WITH REGARD TO EMPLOYEES OF THE COMMISSION OPERATING ON ROTATING SHIFTS.

WHILE THIS OFFICE MAY RENDER AN AUTHORITATIVE DECISION UPON GENERAL QUESTIONS OF THE NATURE HERE INVOLVED ONLY UPON THE REQUEST OF THE HEAD OF THE DEPARTMENT OR AGENCY CONCERNED--- SEE CIRCULAR OF DECEMBER 13, 1946, B -62476, 26 COMP. GEN. 993--- THE SECRETARY'S REQUEST FOR A DECISION IN THE INSTANT CASE FOR THE PURPOSE OF AVOIDING DELAY WILL BE CONSIDERED AS COMING FROM YOU.

THE SAID LETTER IS AS FOLLOWS:

A REQUEST IS MADE FOR AN INTERPRETATION OF EXECUTIVE ORDER NO. 10358, DATED JUNE 9, 1952, AND EXECUTIVE ORDER NO. 10417A, DATED DECEMBER 6, 1952, WITH RESPECT TO GRANTING OF LEAVE TO A PERSON ON A SO-CALLED ROTATING WATCH WHERE NORMAL DAYS OFF ARE THURSDAY AND FRIDAY. IT IS UNDERSTOOD THAT IN ACCORDANCE WITH EXECUTIVE ORDER NO. 10358, IF (SIC) A PERSON WHOSE DAYS OFF WOULD FALL UPON THE 25TH AND 26TH OF DECEMBER WOULD BE GRANTED THE 27TH AS A DAY OFF BECAUSE OF THE FACT THAT A HOLIDAY FELL UPON THE FIRST OF HIS SCHEDULED DAYS OFF WHICH IS CONSIDERED AS A SUNDAY.

THERE IS SOME QUESTION, HOWEVER, WITH RESPECT TO EXECUTIVE ORDER NO. 10417A, AS TO WHETHER DECEMBER 28TH WOULD ALSO BE GRANTED TO HIM AS A DAY OFF IN VIEW OF THE FACT THAT THE 26TH WAS ALSO RULED AS A HOLIDAY.

SECTION 4 (B) OF EXECUTIVE ORDER NO. 10358 OF JUNE 9, 1952, READS AS FOLLOWS:

(B) ANY EMPLOYEE WHOSE BASIC WORKWEEK INCLUDES SUNDAY AND WHO WOULD ORDINARILY BE EXCUSED FROM WORK ON A HOLIDAY FALLING WITHIN HIS BASIC WORKWEEK SHALL BE EXCUSED FROM WORK ON THE NEXT WORKDAY OF HIS BASIC WORKWEEK WHENEVER A HOLIDAY FALLS ON A DAY THAT HAS BEEN ADMINISTRATIVELY SCHEDULED AS HIS "REGULAR" WEEKLY NON-WORKDAY IN LIEU OF SUNDAY.

IT IS UNDERSTOOD FROM THE SECRETARY'S LETTER THAT THURSDAY, DECEMBER 25, 1952, THE FIRST DAY OF THE EMPLOYEE'S REGULAR TWO WEEKLY NON WORKDAYS, HAS BEEN ADMINISTRATIVELY DETERMINED TO BE THE REGULAR WEEKLY NONWORKDAY IN LIEU OF SUNDAY. IF THAT UNDERSTANDING BE CORRECT, IT FOLLOWS THAT, UNDER THE ABOVE-QUOTED SECTION OF THE EXECUTIVE ORDER THE EMPLOYEE WOULD BE ENTITLED TO BE EXCUSED ON SATURDAY, DECEMBER 27. HOWEVER, FRIDAY, DECEMBER 26, 1952, DID NOT FALL UPON THE EMPLOYEE'S DAY OFF IN LIEU OF SUNDAY AND THERE APPEARS TO BE NO AUTHORITY IN EXECUTIVE ORDER NO. 10358, OR ELSEWHERE, FOR EXCUSING THE EMPLOYEE FROM DUTY ON SUNDAY, DECEMBER 28, OR ON ANY OTHER DAY IN LIEU THEREOF.