B-130092, DECEMBER 31, 1956, 36 COMP. GEN. 478

B-130092: Dec 31, 1956

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IS A HOLIDAY FOR FEDERAL EMPLOYEES IN THE DISTRICT OF COLUMBIA PURSUANT TO 28 D.C. SO THAT A FORMER FEDERAL EMPLOYEE WHO WAS EMPLOYED IN THE DISTRICT OF COLUMBIA AND WHO RETIRED WITH SUFFICIENT ANNUAL LEAVE TO EXTEND THROUGH THE HOLIDAY MAY HAVE IT INCLUDED IN THE LUMP-SUM LEAVE PAYMENT. THAT HE WAS PAID THEREFOR IN A LUMP SUM. IS A HOLIDAY FOR FEDERAL EMPLOYEES WITHIN THE DISTRICT OF COLUMBIA IN THE ABSENCE OF ANY STATUTE SO PROVIDING EXCEPT TITLE 28 D.C. PROVIDES THAT SUCH LUMP SUM PAYMENT SHALL EQUAL THE COMPENSATION THAT SUCH EMPLOYEE WOULD HAVE RECEIVED HAD HE REMAINED IN THE SERVICE UNTIL THE EXPIRATION OF THE PERIOD OF SUCH ANNUAL OR VACATION LEAVE. CODE WAS ENACTED ORIGINALLY AS A PART OF THE NEGOTIABLE INSTRUMENTS LAW AND THE DESIGNATED HOLIDAYS WERE FOLLOWED BY THE LIMITATION "WITHIN THE MEANING OF THIS SECTION" WHICH QUOTED WORDS WERE CHANGED BY A 1902 AMENDMENT TO READ "FOR ALL PURPOSES.'.

B-130092, DECEMBER 31, 1956, 36 COMP. GEN. 478

HOLIDAYS - INAUGURATION DAY - FEDERAL EMPLOYEES IN THE DISTRICT OF COLUMBIA - LUMP-SUM LEAVE INAUGURATION DAY, OR THE FOLLOWING MONDAY WHEN THE DAY FALLS ON SUNDAY, IS A HOLIDAY FOR FEDERAL EMPLOYEES IN THE DISTRICT OF COLUMBIA PURSUANT TO 28 D.C. CODE 1951, SECTION 616, SO THAT A FORMER FEDERAL EMPLOYEE WHO WAS EMPLOYED IN THE DISTRICT OF COLUMBIA AND WHO RETIRED WITH SUFFICIENT ANNUAL LEAVE TO EXTEND THROUGH THE HOLIDAY MAY HAVE IT INCLUDED IN THE LUMP-SUM LEAVE PAYMENT.

TO GOLDA F. SOLTER, TREASURY DEPARTMENT, DECEMBER 31, 1956:

YOUR LETTER OF DECEMBER 5, 1956, TRANSMITTED HERE BY THE ADMINISTRATIVE ASSISTANT SECRETARY, TREASURY DEPARTMENT, ON DECEMBER 14, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE SUPPLEMENTAL PAYROLL VOUCHER THEREWITH ENCLOSED PROPOSING PAYMENT OF ONE DAY'S ADDITIONAL LUMP- SUM LEAVE PAYMENT TO CLARENCE V. JETTER, A FORMER EMPLOYEE OF THE OFFICE OF ADMINISTRATIVE SERVICES, TREASURY DEPARTMENT, WASHINGTON, D.C.

IT APPEARS THAT MR. JETTER RETIRED NOVEMBER 30, 1956, HAVING TO HIS CREDIT AT THAT TIME 716 HOURS OF ANNUAL LEAVE, AND THAT HE WAS PAID THEREFOR IN A LUMP SUM, INCLUDING HOLIDAYS FALLING WITHIN THE LEAVE PERIOD EXCEPT JANUARY 21, 1957, THE MONDAY FOLLOWING INAUGURATION DAY. THE SUBMITTED VOUCHER COVERS COMPENSATION FOR THAT DAY, THUS RAISING THE QUESTION WHETHER INAUGURATION DAY, OR THE FOLLOWING MONDAY WHEN IT FALLS ON SUNDAY, IS A HOLIDAY FOR FEDERAL EMPLOYEES WITHIN THE DISTRICT OF COLUMBIA IN THE ABSENCE OF ANY STATUTE SO PROVIDING EXCEPT TITLE 28 D.C. CODE, SECTION 616.

SECTION 205 OF THE ANNUAL AND SICK LEAVE ACT OF 1951, 65 STAT. 681, 5 U.S.C. 2064, PROVIDES---

SEC. 205. (A) THE DAYS OF LEAVE PROVIDED FOR IN THIS TITLE SHALL MEAN DAYS UPON WHICH AN EMPLOYEE WOULD OTHERWISE WORK AND RECEIVE PAY, AND SHALL BE EXCLUSIVE OF HOLIDAYS, AND ALL NONWORKDAYS ESTABLISHED BY FEDERAL STATUTE OR BY EXECUTIVE OR ADMINISTRATIVE ORDER. * * *

THE LUMP SUM LEAVE ACT OF DECEMBER 21, 1944, AS AMENDED BY THE ACT OF JULY 2, 1953, 67 STAT. 137, 5 U.S.C. 61B, PROVIDES THAT SUCH LUMP SUM PAYMENT SHALL EQUAL THE COMPENSATION THAT SUCH EMPLOYEE WOULD HAVE RECEIVED HAD HE REMAINED IN THE SERVICE UNTIL THE EXPIRATION OF THE PERIOD OF SUCH ANNUAL OR VACATION LEAVE.

TITLE 28, D.C. CODE, SECTION 616, PROVIDES IN PERTINENT PART:

* * * THE FOLLOWING DAYS IN EACH YEAR, NAMELY, * * * AND THE DAY OF THE INAUGURATION OF THE PRESIDENT, IN EVERY FOURTH YEAR, SHALL BE HOLIDAYS IN THE DISTRICT FOR ALL PURPOSES. WHENEVER ANY DAY SET APART AS A LEGAL HOLIDAY SHALL FALL ON SUNDAY, THEN AND IN SUCH CASE THE NEXT SUCCEEDING DAY SHALL BE A HOLIDAY; * * *

THIS SECTION OF THE D.C. CODE WAS ENACTED ORIGINALLY AS A PART OF THE NEGOTIABLE INSTRUMENTS LAW AND THE DESIGNATED HOLIDAYS WERE FOLLOWED BY THE LIMITATION "WITHIN THE MEANING OF THIS SECTION" WHICH QUOTED WORDS WERE CHANGED BY A 1902 AMENDMENT TO READ "FOR ALL PURPOSES.'

IN 21 COMP. GEN. 901, WE HELD THAT THE WORDS "FOR ALL PURPOSES," IN THE ABOVE REFERRED TO ACTION OF THE CODE, MADE THE HOLIDAYS THEREIN ENUMERATED AVAILABLE TO EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE. SECTION 3 OF EXECUTIVE ORDER NO. 10358 PROVIDES THAT WHEN A HOLIDAY FALLS ON A SUNDAY, FEDERAL OFFICES AND ESTABLISHMENT SHALL BE CLOSED TO PUBLIC BUSINESS THE FOLLOWING MONDAY.

WE HAVE NOT OVERLOOKED THE FACT THAT THE CONGRESS IN 1949, AND AGAIN IN 1953, BY JOINT RESOLUTIONS, DECLARED INAUGURATION DAY IN THOSE YEARS HOLIDAYS IN THE DISTRICT OF COLUMBIA AND THE METROPOLITAN AREA. SEE ACT OF JANUARY 18, 1949, 63 STAT. 3, AND THE ACT OF JANUARY 16, 1953, 67 STAT. 3. HOWEVER, THOSE RESOLUTIONS WERE ENACTED FOR THE PURPOSE OF EXTENDING SUCH HOLIDAYS TO FEDERAL EMPLOYEES WORKING OUTSIDE THE DISTRICT OF COLUMBIA BUT IN THE ADJOINING METROPOLITAN AREA WHO WOULD NOT OTHERWISE HAVE BEEN ENTITLED TO SUCH HOLIDAYS UNDER THE D.C. CODE.

AS THE EMPLOYEE NAMED ON THE PAYROLL VOUCHER APPEARS TO HAVE BEEN EMPLOYED IN THE DISTRICT OF COLUMBIA, AND SINCE THE D.C. CODE HAS DECLARED INAUGURATION DAY, OR THE FOLLOWING MONDAY WHEN IT FALLS ON A SUNDAY, TO BE A HOLIDAY IN THE DISTRICT OF COLUMBIA FOR ALL PURPOSES, THE EMPLOYEE APPEARS ENTITLED TO PAYMENT THEREFOR AS A PART OF THE LUMP SUM LEAVE PAYMENT.

THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT IN THE ABSENCE OF OTHER OBJECTION.