B-165361, OCT. 22, 1968

B-165361: Oct 22, 1968

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M. GANTAR: THIS IS WITH REFERENCE TO YOUR LETTER OF SEPTEMBER 5. IN ORDER TO AVOID FURTHER CORRESPONDENCE WE ARE RENDERING YOU OUR DECISION IN THIS PARTICULAR INSTANCE. YOU SUGGEST THAT IN CONSIDERATION OF THE FACT THAT THESE EMPLOYEES WORK A 6 DAY 40 - HOUR WORKWEEK AND MOST OF THEIR DAYS ARE 8 - HOUR DAYS IT MAY BE THAT THE "ORDINARY DAY'S WORK" AS USED WITH RESPECT TO HOLIDAYS (5 U.S.C. 6104) COULD BE INTERPRETED TO MAKE NOVEMBER 11 AN 8 - HOUR DAY. WHOSE PAY IS FIXED AT A DAILY OR HOURLY RATE. IS RELIEVED OR PREVENTED FROM WORKING ON A DAY. HE IS ENTITLED TO THE SAME PAY FOR THAT DAY AS FOR A DAY ON WHICH AN ORDINARY DAY'S WORK IS PERFORMED.'. PROVIDE THAT WHEN A HOLIDAY FALLS ON A WORKDAY IN AN EMPLOYEE'S BASIC 40 - HOUR WORKWEEK THAT WORKDAY IS THE HOLIDAY.

B-165361, OCT. 22, 1968

TO CAPTAIN M. M. GANTAR:

THIS IS WITH REFERENCE TO YOUR LETTER OF SEPTEMBER 5, 1968, REFERENCE FJ14-11:RG 12610, SER: 1089, REQUESTING A DETERMINATION OF ENTITLEMENT TO AN ADDITIONAL 4 HOURS OF HOLIDAY PAY ON SATURDAY, NOVEMBER 11, 1967, ON THE PART OF UNGRADED EMPLOYEES, APPARENTLY EMPLOYED AT THE NAVAL TRAINING CENTER, GREAT LAKES, ILLINOIS.

YOU ADVISE THAT THE EMPLOYEES IN QUESTION HAD A BASIC 40 - HOUR WORKWEEK OF FOUR 8 - HOUR DAYS MONDAY THROUGH THURSDAY FOR THE WEEK ENDING NOVEMBER 11, 1967, AND TWO 4 - HOUR DAYS ON FRIDAY AND SATURDAY, NOVEMBER 10 AND 11. THE EMPLOYEES WORKED ON SATURDAY, NOVEMBER 11, AND RECEIVED THEIR BASIC PAY AND AN ADDITIONAL 4 HOURS OF BASIC PAY AS HOLIDAY PREMIUM PAY.

ORDINARILY, YOU WOULD NOT BE ENTITLED TO A DECISION OF OUR OFFICE AS A DISBURSING OFFICER OR CERTIFYING OFFICER UNDER 31 U.S.C. 74 OR 82D. HOWEVER, IN ORDER TO AVOID FURTHER CORRESPONDENCE WE ARE RENDERING YOU OUR DECISION IN THIS PARTICULAR INSTANCE.

YOU SUGGEST THAT IN CONSIDERATION OF THE FACT THAT THESE EMPLOYEES WORK A 6 DAY 40 - HOUR WORKWEEK AND MOST OF THEIR DAYS ARE 8 - HOUR DAYS IT MAY BE THAT THE "ORDINARY DAY'S WORK" AS USED WITH RESPECT TO HOLIDAYS (5 U.S.C. 6104) COULD BE INTERPRETED TO MAKE NOVEMBER 11 AN 8 - HOUR DAY.

WITH RESPECT TO THE OBSERVANCE OF HOLIDAYS 5 U.S.C. 6104 PROVIDES IN PART AS FOLLOWS:

"WHEN A REGULAR EMPLOYEE AS DEFINED BY SECTION 2105 OF THIS TITLE OR AN INDIVIDUAL EMPLOYED REGULARLY BY THE GOVERNMENT OF THE DISTRICT OF COLUMBIA, WHOSE PAY IS FIXED AT A DAILY OR HOURLY RATE, OR ON A PIECE WORK BASIS, IS RELIEVED OR PREVENTED FROM WORKING ON A DAY---

"/3) SOLELY BECAUSE OF THE OCCURRENCE OF A LEGAL PUBLIC HOLIDAY UNDER SECTION 6103 OF THIS TITLE * * *; HE IS ENTITLED TO THE SAME PAY FOR THAT DAY AS FOR A DAY ON WHICH AN ORDINARY DAY'S WORK IS PERFORMED.'

THE REGULATIONS OF THE CIVIL SERVICE COMMISSION, 5 CFR 610.202 (A), PROVIDE THAT WHEN A HOLIDAY FALLS ON A WORKDAY IN AN EMPLOYEE'S BASIC 40 - HOUR WORKWEEK THAT WORKDAY IS THE HOLIDAY. SEE ALSO NCPI 610.6-1 (1) (2) AND 45 COMP. GEN. 76.

THE ORDINARY PAY FOR SATURDAY WORK FOR AN EMPLOYEE WHOSE SCHEDULED SATURDAY WORK IS 4 HOURS WOULD BE 4 HOURS PAY. SO, IF THE EMPLOYEE DID NOT WORK BECAUSE OF THAT DAY BEING A HOLIDAY HE WOULD BE ENTITLED TO ONLY 4 HOURS PAY ON SATURDAY, NOVEMBER 11, AT THE BASIC RATE. AS POINTED OUT IN NCPI 610.6-1D EMPLOYEES ARE ENTITLED EITHER TO HOLIDAY BENEFITS BY BEING EXCUSED FROM WORK WITHOUT LOSS OF PAY OR CHARGE TO LEAVE OR BY RECEIVING PREMIUM PAY FOR WORK ON THE HOLIDAY. THEY ARE NOT ENTITLED TO BOTH FORMS OF HOLIDAY BENEFITS.

WITH RESPECT TO PAY FOR NONOVERTIME HOLIDAY WORK NCPI 610.6-2B (2) PROVIDES THAT AN UNGRADED EMPLOYEE ENTITLED TO HOLIDAY BENEFITS WILL BE PAID FOR SUCH WORK AT DOUBLE THE RATE OF HIS BASIC PAY. HAVING WORKED 4 HOURS ON NOVEMBER 11 THE EMPLOYEES HERE IN QUESTION WERE PROPERLY PAID 4 HOURS HOLIDAY PREMIUM PAY IN ADDITION TO THEIR 4 HOURS OF BASIC PAY. SEE B-148794, APRIL 12, 1965 (COPY ENCLOSED).