[Part-Time Employee's Entitlement to Holiday]

A National Security Agency (NSA) official requested an advance decision concerning the claim of a permanent part-time employee for compensation for two designated holidays without charge to leave of absence. The holidays fell on weekends but were observed on her regular workdays and, as a part-time employee, she was charged annual leave for both days. GAO noted that the relevant law and an Executive order, which authorize designated or in-lieu-of holidays, provide specific formulas for determining which day should be observed as a holiday when the actual holiday falls on a nonworkday. These formulas are clearly not designed for application to part-time schedules. GAO has held that part-time employees are not, as a matter of right, entitled to compensation for days observed as holidays in-lieu-of actual holidays. However, GAO favors the practice that relieves most career part-time employees from duty without charge to leave on designated or in-lieu-of holidays of full-time employees. Accordingly, the claim was denied, but NSA was advised that it may grant her discretionary administrative leave for the holidays in question.