B-91245, DECEMBER 21, 1949, 29 COMP. GEN. 287

B-91245: Dec 21, 1949

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1949: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 8. SECTION 3 OF PUBLIC LAW 134 WAS AMENDED BY THE ACT OF JULY 30. AUTHORIZE THE PAYMENT OF OVERTIME TO EMPLOYEES OTHER THAN SUPERVISORY EMPLOYEES WHOSE BASE SALARIES ARE MORE THAN $3. THOSE WHOSE BASE SALARIES ARE MORE THAN $3. ON CHRISTMAS DAY DURING THE MONTH OF DECEMBER WITHIN ONE HUNDRED AND EIGHTY DAYS FROM THE DAYS SUCH SERVICE WAS PERFORMED: AND PROVIDED. IT IS FOR NOTING THAT SAID SECTION 3 OF PUBLIC LAW 134. WHILE THE PROVISO IS APPLICABLE TO SATURDAYS. IT CANNOT CHANGE THE FACT THAT THE OVERTIME WORK TO BE PAID FOR UNDER THE ABOVE STATUTE IS NOT FOR HOLIDAY WORK BUT FOR WORK ON CHRISTMAS DAY. WHICH IS UNIVERSALLY ACCEPTED IN THIS COUNTRY AS FALLING ON DECEMBER 25.

B-91245, DECEMBER 21, 1949, 29 COMP. GEN. 287

SUNDAYS AND HOLIDAYS - COMPENSATION - POSTAL EMPLOYEES WORKING ON MONDAY, DECEMBER 26, 1949 THE OVERTIME COMPENSATION AUTHORIZED BY SECTION 3 OF THE POSTAL SERVICE PAY STATUTE OF JULY 6, 1945, AS AMENDED, TO BE PAID POSTAL EMPLOYEES FOR WORK ON CHRISTMAS DAY MAY NOT BE PAID FOR WORK PERFORMED ON MONDAY, THE DAY AFTER CHRISTMAS DAY, 1949, NOTWITHSTANDING THAT EXECUTIVE ORDER NO. 9636 MAKES THE FOLLOWING MONDAY A HOLIDAY WHEN CHRISTMAS DAY FALLS ON A SUNDAY.

COMPTROLLER GENERAL WARREN TO THE POSTMASTER GENERAL, DECEMBER 21, 1949:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 8, 1949, YOUR REFERENCE 15, REQUESTING DECISION WHETHER SECTION 3 OF PUBLIC LAW 134 AUTHORIZES THE PAYMENT OF OVERTIME IN LIEU OF COMPENSATORY TIME FOR WORK WHICH MAY BE PERFORMED ON DECEMBER 26, 1949--- CHRISTMAS FALLING ON A SUNDAY THIS YEAR AND THE HOLIDAY BEING OBSERVED ON THE FOLLOWING DAY.

SECTION 3 OF PUBLIC LAW 134 WAS AMENDED BY THE ACT OF JULY 30, 1947, PUBLIC LAW 265, 61 STAT. 522, TO READ AS FOLLOWS:

SEC. 3. WHEN THE NEEDS OF THE SERVICE REQUIRE EMPLOYEES TO PERFORM SERVICE ON SATURDAYS, SUNDAYS, OR HOLIDAYS, THEY SHALL BE ALLOWED COMPENSATORY TIME FOR SUCH SERVICE ON ONE DAY WITHIN FIVE WORKING DAYS NEXT SUCCEEDING THE SATURDAY OR SUNDAY AND WITHIN THIRTY DAYS NEXT SUCCEEDING THE HOLIDAY: PROVIDED, THAT THE POSTMASTER GENERAL MAY, IF THE EXIGENCIES OF THE SERVICE REQUIRE, AUTHORIZE THE PAYMENT OF OVERTIME TO EMPLOYEES OTHER THAN SUPERVISORY EMPLOYEES WHOSE BASE SALARIES ARE MORE THAN $3,600 PER ANNUM FOR SERVICES PERFORMED ON SATURDAYS, SUNDAYS, AND CHRISTMAS DAY DURING THE MONTH OF DECEMBER IN LIEU OF COMPENSATORY TIME: PROVIDED FURTHER, THAT SUPERVISORY EMPLOYEES SHALL BE ALLOWED COMPENSATORY TIME FOR SERVICES PERFORMED IN EXCESS OF EIGHT HOURS PER DAY, AND THOSE WHOSE BASE SALARIES ARE MORE THAN $3,600 PER ANNUM SHALL BE ALLOWED COMPENSATORY TIME FOR SERVICES PERFORMED ON SATURDAYS, SUNDAYS, AND ON CHRISTMAS DAY DURING THE MONTH OF DECEMBER WITHIN ONE HUNDRED AND EIGHTY DAYS FROM THE DAYS SUCH SERVICE WAS PERFORMED: AND PROVIDED, THAT THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO EMPLOYEES OF THE RAILWAY MAIL SERVICE AND THE AIR MAIL SERVICE; POST-OFFICE INSPECTORS; RURAL CARRIERS; TRAVELING MECHANICIANS; EXAMINERS OF EQUIPMENT AND SUPPLIES; CLERKS IN THIRD-CLASS POST OFFICES; AND EMPLOYEES PAID ON AN HOURLY BASIS.

EXECUTIVE ORDER 9636 OF OCTOBER 3, 1945, 10 FEDERAL REGISTER 12543, PROVIDES THAT WHEN THE 25TH OF DECEMBER FALLS ON A SUNDAY THE EXECUTIVE DEPARTMENTS INCLUDING FIELD SERVICES SHALL BE CLOSED THE FOLLOWING MONDAY AND ANY EMPLOYEES WHO ORDINARILY WOULD BE EXCUSED FROM WORK ON A HOLIDAY SHALL BE EXCUSED FROM WORK ON THAT MONDAY.

IT IS FOR NOTING THAT SAID SECTION 3 OF PUBLIC LAW 134, AS AMENDED, REFERS IN THE FIRST INSTANCE TO SATURDAYS, SUNDAYS, AND HOLIDAYS, WHILE THE PROVISO IS APPLICABLE TO SATURDAYS, SUNDAYS, AND CHRISTMAS DAY. WHILE THE EXECUTIVE ORDER MAKES MONDAY, DECEMBER 26, THE HOLIDAY, IT CANNOT CHANGE THE FACT THAT THE OVERTIME WORK TO BE PAID FOR UNDER THE ABOVE STATUTE IS NOT FOR HOLIDAY WORK BUT FOR WORK ON CHRISTMAS DAY, WHICH IS UNIVERSALLY ACCEPTED IN THIS COUNTRY AS FALLING ON DECEMBER 25. ACCORDINGLY, IT MUST BE HELD THAT OVERTIME COMPENSATION MAY BE PAID UNDER THE STATUTE IN QUESTION FOR WORK PERFORMED ON DECEMBER 25, COMMONLY KNOWN AS CHRISTMAS DAY, BUT OVERTIME COMPENSATION IS NOT AUTHORIZED FOR WORK ON MONDAY, DECEMBER 26, WHICH, WHILE A HOLIDAY, IS NOT CHRISTMAS DAY.