B-130187, MAR 20, 1972, 51 COMP GEN 586

B-130187: Mar 20, 1972

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JANUARY 20 OF EACH FOURTH YEAR AFTER 1965 IS PRESCRIBED IN 5 U.S.C. 6103(C) AS A LEGAL PUBLIC HOLIDAY FOR FEDERAL EMPLOYEES IN THE DISTRICT OF COLUMBIA AND SPECIFIED ADJACENT AREAS DOES NOT REQUIRE REGARDING FRIDAY JANUARY 19. THE LEGISLATIVE HISTORY OF SUBSECTION (C) INDICATES NO ADDITIONAL LEGAL HOLIDAY WAS INTENDED AND THAT ONLY THE WORKING SITUATION OF EMPLOYEES AROUND THE METROPOLITAN AREA OF THE DISTRICT OF COLUMBIA WOULD BE AFFECTED. 1972: REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 28. IS TO BE REGARDED AS A HOLIDAY FOR PAY AND LEAVE PURPOSES OF FEDERAL EMPLOYEES. THE APPLICABLE PROVISIONS OF LAW ARE CONTAINED IN 5 U.S.C. 6103 AS FOLLOWS: (A) THE FOLLOWING ARE LEGAL PUBLIC HOLIDAYS: NEW YEAR'S DAY.

B-130187, MAR 20, 1972, 51 COMP GEN 586

HOLIDAYS - DAYS IN LIEU OF - INAUGURATION DAY THE FACT THAT INAUGURATION DAY, JANUARY 20 OF EACH FOURTH YEAR AFTER 1965 IS PRESCRIBED IN 5 U.S.C. 6103(C) AS A LEGAL PUBLIC HOLIDAY FOR FEDERAL EMPLOYEES IN THE DISTRICT OF COLUMBIA AND SPECIFIED ADJACENT AREAS DOES NOT REQUIRE REGARDING FRIDAY JANUARY 19, 1973, AS A LEGAL HOLIDAY FOR THE PURPOSES OF 5 U.S.C. 6103(B), WHICH SUBSTITUTES OTHER DAYS AS LEGAL HOLIDAYS FOR THE PURPOSE OF STATUTES RELATING TO THE PAY AND LEAVE OF FEDERAL EMPLOYEES FOR THOSE HOLIDAYS ENUMERATED IN 5 U.S.C. 6103(A) THAT FALL ON NONWORKDAYS, SUCH AS THE FRIDAY IMMEDIATELY BEFORE A SATURDAY HOLIDAY. NOT ONLY DOES THE LISTING OF PUBLIC HOLIDAYS IN SECTION 6103(A) NOT INCLUDE INAUGURATION DAY, THE LEGISLATIVE HISTORY OF SUBSECTION (C) INDICATES NO ADDITIONAL LEGAL HOLIDAY WAS INTENDED AND THAT ONLY THE WORKING SITUATION OF EMPLOYEES AROUND THE METROPOLITAN AREA OF THE DISTRICT OF COLUMBIA WOULD BE AFFECTED.

TO THE CHAIRMAN, UNITED STATES CIVIL SERVICE COMMISSION, MARCH 20, 1972:

REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 28, 1972, WITH ATTACHMENTS, MAKING INQUIRY AS TO WHETHER FRIDAY, JANUARY 19, 1973, IS TO BE REGARDED AS A HOLIDAY FOR PAY AND LEAVE PURPOSES OF FEDERAL EMPLOYEES.

THE APPLICABLE PROVISIONS OF LAW ARE CONTAINED IN 5 U.S.C. 6103 AS FOLLOWS:

(A) THE FOLLOWING ARE LEGAL PUBLIC HOLIDAYS:

NEW YEAR'S DAY, JANUARY 1.

WASHINGTON'S BIRTHDAY, THE THIRD MONDAY IN FEBRUARY.

MEMORIAL DAY, THE LAST MONDAY IN MAY.

INDEPENDENCE DAY, JULY 4.

LABOR DAY, THE FIRST MONDAY IN SEPTEMBER.

COLUMBUS DAY, THE SECOND MONDAY IN OCTOBER.

VETERANS DAY, THE FOURTH MONDAY IN OCTOBER.

THANKSGIVING DAY, THE FOURTH THURSDAY IN NOVEMBER.

CHRISTMAS DAY, DECEMBER 25.

(B) FOR THE PURPOSE OF STATUTES RELATING TO PAY AND LEAVE OF EMPLOYEES, WITH RESPECT TO A LEGAL PUBLIC HOLIDAY AND ANY OTHER DAY DECLARED TO BE A HOLIDAY BY FEDERAL STATUTE OR EXECUTIVE ORDER, THE FOLLOWING RULES APPLY:

(1) INSTEAD OF A HOLIDAY THAT OCCURS ON A SATURDAY, THE FRIDAY IMMEDIATELY BEFORE IS A LEGAL HOLIDAY FOR -

(A) EMPLOYEES WHOSE BASIC WORKWEEK IS MONDAY THROUGH FRIDAY; AND

(B) THE PURPOSE OF SECTION 6309 OF THIS TITLE.

(2) INSTEAD OF A HOLIDAY THAT OCCURS ON A REGULAR WEEKLY NON-WORKDAY OF AN EMPLOYEE WHOSE BASIC WORKWEEK IS OTHER THAN MONDAY THROUGH FRIDAY, EXCEPT THE REGULAR WEEKLY NONWORKDAY ADMINISTRATIVELY SCHEDULED FOR THE EMPLOYEE INSTEAD OF SUNDAY, THE WORKDAY IMMEDIATELY BEFORE THAT REGULAR WEEKLY NONWORKDAY IS A LEGAL PUBLIC HOLIDAY FOR THE EMPLOYEE.

THIS SUBSECTION, EXCEPT SUBPARAGRAPH (B) OF PARAGRAPH (1), DOES NOT APPLY TO AN EMPLOYEE WHOSE BASIC WORKWEEK IS MONDAY THROUGH SATURDAY.

(C) JANUARY 20 OF EACH FOURTH YEAR AFTER 1965, INAUGURATION DAY, IS A LEGAL PUBLIC HOLIDAY FOR THE PURPOSE OF STATUES RELATING TO PAY AND LEAVE OF EMPLOYEES AS DEFINED BY SECTION 2105 OF THIS TITLE AND INDIVIDUALS EMPLOYED BY THE GOVERNMENT OF THE DISTRICT OF COLUMBIA EMPLOYED IN THE DISTRICT OF COLUMBIA, MONTGOMERY AND PRINCE GEORGES COUNTIES IN MARYLAND, ARLINGTON AND FAIRFAX COUNTIES IN VIRGINIA, AND THE CITIES OF ALEXANDRIA AND FALLS CHURCH IN VIRGINIA. WHEN JANUARY 20 OF ANY FOURTH YEAR AFTER 1965 FALLS ON SUNDAY, THE NEXT SUCCEEDING DAY SELECTED FOR THE PUBLIC OBSERVANCE OF THE INAUGURATION OF THE PRESIDIENT IS A LEGAL PUBLIC HOLIDAY FOR THE PURPOSE OF THIS SUBSECTION. (PUBLIC L. 89-544, SEPT. 6, 1966, 80 STAT. 515; PUB. L. 90 363, SEC 1(A), JUNE 28, 1968, 82 STAT. 250.)

SUBSECTION (C) OF THE ABOVE-QUOTED STATUTE WAS DERIVED FROM THE ACT OF JANUARY 11, 1957, PUBLIC LAW 85-1. IN CONNECTION WITH THIS PROVISION, YOU HAVE REFERRED TO A STATEMENT MADE BY MR. REES IN THE HOUSE OF REPRESENTATIVES THAT:

THIS RESOLUTION DOES NOT AUTHORIZE AN ADDITIONAL LEGAL HOLIDAY. MERELY TAKES CARE OF A SITUATION THAT HAPPILY OCCURS EVERY 4 YEARS IN THE UNITED STATES AND AFFECTS ONLY THE WORKING SITUATION OF THE EMPLOYEES AROUND THE METROPOLITAN AREA OF THE DISTRICT OF COLUMBIA."

BASED UPON THE ABOVE REMARK BY MR. REES, YOU EXPRESS DOUBT WHETHER INAUGURATION DAY SHOULD BE CONSIDERED A LEGAL PUBLIC HOLIDAY SO AS TO BE SUBJECT TO THOSE PROVISIONS OF LAW CONTAINED IN SUBSECTION (B) ABOVE.

SUBSECTION (B) WAS DERIVED FROM THE ACT OF SEPTEMBER 22, 1959, PUBLIC LAW 86-362, WHICH MENTIONED THEREIN THOSE HOLIDAYS NOW REFERRED TO IN SUBSECTION (A) WITH THE EXCEPTION OF COLUMBUS DAY.

SUBSECTION (A) OF 5 U.S.C. 6103, WHICH WAS DERIVED FROM THE ACT OF JUNE 28, 1968, PUBLIC LAW 90-363, SPECIFICALLY ENUMERATES THOSE DAYS WHICH ARE TO BE REGARDED AS LEGAL PUBLIC HOLIDAYS. IT IS SIGNIFICANT THAT IN BOTH THE ACT OF 1959 AND THE ACT OF 1968 NO MENTION IS MADE OF INAUGURATION DAY AS BEING CONSIDERED A LEGAL PUBLIC HOLIDAY.

ALSO WORTHY OF NOTE IS THE FACT SUBSECTION (C) WAS ENACTED IN 1957 WHEREAS SUBSECTION (B) WAS ENACTED IN 1959.

BY REASON OF THE FOREGOING, OUR VIEW IS THAT THE PROVISIONS OF 5 U.S.C. 6103(B) WERE NOT INTENDED TO INCLUDE INAUGURATION DAY WHICH IS A HOLIDAY ONLY FOR FEDERAL EMPLOYEES IN THE DISTRICT OF COLUMBIA AND SPECIFIED ADJACENT AREAS. IT FOLLOWS THAT FRIDAY, JANUARY 19, 1973, WOULD NOT BE A LEGAL HOLIDAY FOR PAY AND LEAVE PURPOSES.