B-167461, JUL. 28, 1969
Highlights
CIVIL PAY - HOLIDAY PAY DECISION TO EMPLOYEE SUSTAINING SETTLEMENT DISALLOWING HOLIDAY PAY FOR VETERANS DAY TO CIVILIAN EMPLOYEE WHO WAS ON ACTIVE DUTY FOR TRAINING FROM OCTOBER 29. EMPLOYEE RECEIVED CIVILIAN SALARY FOR FRIDAY AND UNDER 5 U.S.C. 6103 THERE IS NO AUTHORITY FOR ADDITIONAL DAY OFF OR ADDITIONAL DAY'S PAY. THAT YOU WERE DETACHED FROM SUCH DUTY AT 1600 ON NOVEMBER 10. WAS VETERANS DAY. YOUR WORK SCHEDULE IN YOUR CIVILIAN POSITION WAS MONDAY THROUGH FRIDAY AND. THE FRIDAY IMMEDIATELY BEFORE IS A LEGAL PUBLIC HOLIDAY FOR "/A) EMPLOYEES WHOSE BASIC WORKWEEK IS MONDAY THROUGH FRIDAY. THERE IS NO STATUTORY AUTHORITY FOR GRANTING YOU ANY OTHER DAY OFF FROM DUTY IN YOUR CIVILIAN POSITION IN LIEU OF FRIDAY.
B-167461, JUL. 28, 1969
CIVIL PAY - HOLIDAY PAY DECISION TO EMPLOYEE SUSTAINING SETTLEMENT DISALLOWING HOLIDAY PAY FOR VETERANS DAY TO CIVILIAN EMPLOYEE WHO WAS ON ACTIVE DUTY FOR TRAINING FROM OCTOBER 29, 1967, TO NOVEMBER 10, 1967, AND WHO HAD REGULAR CIVILIAN WORKWEEK MONDAY THROUGH FRIDAY. EMPLOYEE RECEIVED CIVILIAN SALARY FOR FRIDAY AND UNDER 5 U.S.C. 6103 THERE IS NO AUTHORITY FOR ADDITIONAL DAY OFF OR ADDITIONAL DAY'S PAY.
TO MR. ROBERT J. CRANE:
WE REFER TO YOUR LETTER OF JUNE 24, 1969, REQUESTING REVIEW OF OFFICE SETTLEMENT OF MAY 7, 1969, WHICH DISALLOWED YOUR CLAIM FOR HOLIDAY PAY FOR NOVEMBER 11, 1967.
EXAMINATION OF YOUR ORDERS OF OCTOBER 13, 1967, TO ACTIVE DUTY FOR TRAINING DISCLOSED THAT YOU REPORTED TO DUTY ABOARD THE U.S.S. TATNUCK AT 1705 ON OCTOBER 29, 1967, AND THAT YOU WERE DETACHED FROM SUCH DUTY AT 1600 ON NOVEMBER 10, 1967.
SATURDAY, NOVEMBER 11, WAS VETERANS DAY. HOWEVER, YOUR WORK SCHEDULE IN YOUR CIVILIAN POSITION WAS MONDAY THROUGH FRIDAY AND, THEREFORE, THE FOLLOWING PROVISIONS OF LAW WOULD BE CONTROLLING IN YOUR CASE:
SEC. 6103. HOLIDAYS
"/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 PUBLIC HOLIDAY FOR
"/A) EMPLOYEES WHOSE BASIC WORKWEEK IS MONDAY THROUGH FRIDAY; * * *"
WE UNDERSTAND THAT YOU RECEIVED YOUR FULL CIVILIAN SALARY FOR FRIDAY, NOVEMBER 10, THE DAY WHICH CONSTITUTED YOUR HOLIDAY UNDER THE QUOTED PROVISION OF LAW. THERE IS NO STATUTORY AUTHORITY FOR GRANTING YOU ANY OTHER DAY OFF FROM DUTY IN YOUR CIVILIAN POSITION IN LIEU OF FRIDAY, NOVEMBER 10, AT WHICH TIME YOU WERE ON ACTIVE DUTY FOR TRAINING WITH THE NAVY AND NEITHER IS THERE ANY STATUTORY AUTHORITY FOR PAYING YOU AN ADDITIONAL DAY'S PAY. ACCORDINGLY, OFFICE SETTLEMENT OF MAY 7, 1969, IS SUSTAINED.
YOUR ORIGINAL ORDERS OF OCTOBER 13, 1967, ARE RETURNED HEREWITH IN ACCORDANCE WITH YOUR REQUEST.