B-140472, OCTOBER 2, 1959, 39 COMP. GEN. 253

B-140472: Oct 2, 1959

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IS INAPPLICABLE TO HOLIDAYS WHICH FALL ON THE REGULAR WEEKLY NONWORKDAY WHICH IS IN LIEU OF SUNDAY. THE NEXT WORKDAY WILL BE CONSIDERED A HOLIDAY. SUCH EMPLOYEES ARE ENTITLED TO HOLIDAY COMPENSATION FOR WORK ON SUCH DAY. WHICH WAS THE FIRST DAY OF THOSE EMPLOYEES' REGULAR WORKWEEK. THE QUESTIONS PRESENTED ARE STATED AS FOLLOWS: REFERENCE IS MADE TO CIVIL SERVICE COMMISSION CIRCULAR 1012 DATED JUNE 26. WHEREIN IT WAS STATED THAT EXECUTIVE ORDER 10825 SUPERSEDED SEC. 4 (B) OF EXECUTIVE ORDER 10358 FOR THE DAYS JULY 3RD AND JULY 4TH. THE EMPLOYEE IS ENTITLED TO A COMPENSATORY DAY OFF IN FISCAL YEAR 1960 FOR FRIDAY. JULY 5TH IS INELIGIBLE FOR HOLIDAY PAY? IS HE ENTITLED TO A DAY OFF FOR THE HOLIDAY SINCE IT FELL ON HIS SECOND DAY OFF AS WELL AS A DAY OFF FOR FRIDAY?

B-140472, OCTOBER 2, 1959, 39 COMP. GEN. 253

CIVILIAN PERSONNEL - HOLIDAY COMPENSATION - JULY 4, 1959 THE ACT OF SEPTEMBER 22, 1959, PUBLIC LAW 86-362, WHICH PROVIDES THAT WHEN HOLIDAYS FALL ON SATURDAY THE PRECEDING DAY MAY BE CONSIDERED A HOLIDAY, IS INAPPLICABLE TO HOLIDAYS WHICH FALL ON THE REGULAR WEEKLY NONWORKDAY WHICH IS IN LIEU OF SUNDAY; THEREFORE, EMPLOYEES WHO HAD A REGULAR WEEKLY TOUR OF DUTY SUNDAY THROUGH THURSDAY AND WHO HAD JULY 3 AND JULY 4, 1959, OFF, AND WORKED ON SUNDAY JULY 5, 1959, COME UN SECTION 4 (B) OF EXECUTIVE ORDER NO. 10358 WHICH PROVIDES THAT WHEN A HOLIDAY FALLS ON A REGULAR WEEKLY NONWORKDAY IN LIEU OF SUNDAY, THE NEXT WORKDAY WILL BE CONSIDERED A HOLIDAY, AND SUCH EMPLOYEES ARE ENTITLED TO HOLIDAY COMPENSATION FOR WORK ON SUCH DAY.

TO THE ATTORNEY GENERAL, OCTOBER 2, 1959:

ON AUGUST 11, 1959, THE ADMINISTRATIVE ASSISTANT ATTORNEY GENERAL SUBMITTED FOR ADVANCE DECISION A VOUCHER COVERING HOLIDAY PAY FOR EIGHT EMPLOYEES OF THE NATIONAL TRAINING SCHOOL FOR BOYS FOR WORKING ON JULY 5, 1959, A SUNDAY, WHICH WAS THE FIRST DAY OF THOSE EMPLOYEES' REGULAR WORKWEEK, FRIDAY AND SATURDAY, JULY 3 AND 4, BEING THEIR REGULAR DAYS OFF.

THE QUESTIONS PRESENTED ARE STATED AS FOLLOWS:

REFERENCE IS MADE TO CIVIL SERVICE COMMISSION CIRCULAR 1012 DATED JUNE 26, 1959, QUESTION AND ANSWER NO. 4, WHEREIN IT WAS STATED THAT EXECUTIVE ORDER 10825 SUPERSEDED SEC. 4 (B) OF EXECUTIVE ORDER 10358 FOR THE DAYS JULY 3RD AND JULY 4TH, 1959, AND THE EMPLOYEE IS ENTITLED TO A COMPENSATORY DAY OFF IN FISCAL YEAR 1960 FOR FRIDAY, JULY 3, 1959. DOES THIS INTERPRETATION MEAN THAT THE EMPLOYEE WHO HAD FRIDAY AND SATURDAY OFF AND WORKED SUNDAY, JULY 5TH IS INELIGIBLE FOR HOLIDAY PAY? IF SO, IS HE ENTITLED TO A DAY OFF FOR THE HOLIDAY SINCE IT FELL ON HIS SECOND DAY OFF AS WELL AS A DAY OFF FOR FRIDAY? IT IS INDEED DIFFICULT FOR US TO CONCEIVE OF EXECUTIVE ORDER 10825 AS INTENDING TO REDUCE A BENEFIT ALREADY ESTABLISHED, I.E., BY SUBSTITUTING A DAY OF COMPENSATORY TIME OFF FOR THE HOLIDAY PAY BENEFIT PREVIOUSLY EXISTING.

WITH THE ENACTMENT OF PUBLIC LAW 86-363, APPROVED SEPTEMBER 22, 1959, 5 U.S.C. 2064 (D), IT BECOMES UNNECESSARY TO CONSIDER THE EFFECT EXECUTIVE ORDER NO. 10825 MAY HAVE HAD ON THE QUESTIONS INVOLVED HERE. THAT ACT WHICH IS EXPRESSLY RETROACTIVE TO JULY 1, 1959, PROVIDES GENERALLY THAT, WHEN A HOLIDAY FALLS ON SATURDAY OR--- IN THE CASE OF EMPLOYEES WHOSE BASIC WORKWEEK IS OTHER THAN MONDAY THROUGH FRIDAY--- ON THE REGULAR WEEKLY NONWORKDAY SCHEDULED IN LIEU OF SATURDAY, THE PRECEDING DAY SHALL BE HELD AND CONSIDERED TO BE A REGULAR HOLIDAY. BY SPECIFIC LANGUAGE, THE ACT HAS NO APPLICATION, HOWEVER, WHEN THE HOLIDAY FALLS ON THE REGULAR WEEKLY NONWORKDAY SCHEDULED FOR SUCH EMPLOYEES IN LIEU OF SUNDAY. THEREFORE, THE PROVISIONS OF SECTION 4 (B) OF EXECUTIVE ORDER NO. 10358 GOVERN IN SUCH SITUATIONS. SECTION 4 (B) PROVIDES THAT, WHEN A HOLIDAY FALLS ON A REGULAR WEEKLY NONWORKDAY IN LIEU OF SUNDAY, THE NEXT WORKDAY WILL BE CONSIDERED TO BE A HOLIDAY.

THEREFORE, THE EMPLOYEES INVOLVED HERE, FOR WHOM JULY 4, 1959, WAS THE REGULAR WEEKLY DAY OFF IN LIEU OF SUNDAY, WERE ENTITLED TO A DAY OFF ON JULY 5 AND THEY ARE ENTITLED TO HOLIDAY COMPENSATION FOR WORK PERFORMED ON THAT DAY. HENCE, THE VOUCHER, WHICH THE ASSISTANT ATTORNEY GENERAL SUBMITTED AND WHICH WE RETURN HEREWITH, MAY BE CERTIFIED AND PAID IF OTHERWISE CORRECT.