B-160622, JAN. 13, 1967

B-160622, JAN. 13, 1967

TO THE HONORABLE THE ATTORNEY GENERAL:

ON DECEMBER 30, 1966, YOUR ACTING ASSISTANT ATTORNEY GENERAL FOR ADMINISTRATION REQUESTED OUR DECISION CONCERNING THE ENTITLEMENT OF CERTAIN CLASSIFIED AND WAGE BOARD EMPLOYEES OF THE BUREAU OF PRISONS TO THE SUNDAY PREMIUM PAY BENEFITS PROVIDED FOR BY SECTION 405 OF PUB.L. 89- 504 WHILE THEY ARE ON 15 DAYS MILITARY LEAVE AS AUTHORIZED BY 5 U.S.C. 6323. WE ARE INFORMED THAT THE REGULARLY SCHEDULED 5-DAY WORKWEEK OF EACH SUCH EMPLOYEE INCLUDES SUNDAY.

5 U.S.C. 6323 IS IN PART AS FOLLOWS:

"/A) AN EMPLOYEE AS DEFINED BY SECTION 2105 OF THIS TITLE (EXCEPT A SUBSTITUTE IN THE POSTAL FIELD SERVICE) OR AN INDIVIDUAL EMPLOYED BY THE GOVERNMENT OF THE DISTRICT OF COLUMBIA, PERMANENT OR TEMPORARY INDEFINITE, IS ENTITLED TO LEAVE WITHOUT LOSS OF PAY, TIME, OR PERFORMANCE OR EFFICIENCY RATING FOR EACH DAY, NOT IN EXCESS OF 15 DAYS IN A CALENDAR YEAR, IN WHICH HE IS ON ACTIVE DUTY, OR IS ENGAGED IN FIELD OR COAST DEFENSE TRAINING UNDER SECTIONS 502-505 OF TITLE 32 AS A RESERVE OF THE ARMED FORCES OR MEMBER OF THE NATIONAL GUARD.'

THE QUOTED SECTION IS VIEWED AS REQUIRING PAYMENT TO AN EMPLOYEE WHO IS ABSENT FROM HIS CIVILIAN POSITION ON 15 DAYS MILITARY LEAVE THE SAME COMPENSATION TO WHICH HE WOULD BE ENTITLED HAD HE ACTUALLY RENDERED SERVICE IN HIS CIVILIAN POSITION DURING SUCH 15-DAY PERIOD. COMPARE 31 COMP. GEN. 173.

ACCORDINGLY, IT IS OUR VIEW THAT THE EMPLOYEES HERE IN QUESTION ARE ENTITLED TO SUNDAY PREMIUM PAY, THE RULE IN THEIR CASE BEING DIFFERENT FROM THAT ENUNCIATED IN OUR DECISION OF AUGUST 22, 1966, B-159779, CITED IN YOUR DEPARTMENT'S LETTER, WHICH DEALT WITH AN EMPLOYEE ON ANNUAL OR SICK LEAVE ON A SUNDAY INCLUDED WITHIN HIS BASIC WORKWEEK.