B-142064, MAR. 11, 1960

B-142064, MAR. 11, 1960

TO THE SECRETARY OF STATE:

INCIDENT TO OUR AUDIT IN THE DEPARTMENT OF STATE OUR ATTENTION HAS BEEN DIRECTED TO FOREIGN SERVICE CIRCULAR NO. 286 OF DECEMBER 24, 1959, CONCERNING ADJUSTMENTS OF COMPENSATION AND LEAVE FOR EMPLOYEES WHOSE "IN LIEU SATURDAY" WAS SEPTEMBER 7, 1959 (LABOR DAY) UNDER PARAGRAPH 4 PRESCRIBING THAT THE DAY BEFORE SEPTEMBER 7, WAS TO BE CONSIDERED THE HOLIDAY IN VIEW OF THE PROVISIONS OF PUBLIC LAW 86-362, APPROVED SEPTEMBER 22, 1959.

SECTION 5 OF EXECUTIVE ORDER NO. 10358, DATED JUNE 9, 1952, READS AS FOLLOWS:

"ANY EMPLOYEE WHO WOULD ORDINARILY BE EXCUSED FROM WORK ON A HOLIDAY FALLING WITHIN HIS BASIC WORK-WEEK SHALL BE EXCUSED FROM WORK ON THE NEXT WORKDAY OF HIS BASIC WORKWEEK WHENEVER THE FIRST MONDAY OF SEPTEMBER OR THE FOURTH THURSDAY OF NOVEMBER, OR ANY OTHER HOLIDAY WHICH ALWAYS OCCURS ON A SPECIFIC DAY OF THE CALENDAR WEEK (OTHER THAN SUNDAY), FALLS ON A DAY OUTSIDE THE EMPLOYEE'S LEGAL BASIC WORKWEEK.'

PUBLIC LAW 86-362, APPROVED SEPTEMBER 22, 1959, 73 STAT. 643, READS, IN PERTINENT PART, AS FOLLOWS:

"* * * THAT, FOR THE PURPOSES OF PROVISIONS OF LAW RELATING TO PAY AND LEAVE OF ABSENCE OF CIVILIAN OFFICERS AND EMPLOYEES IN OR UNDER THE GOVERNMENT OF THE UNITED STATES, WITH RESPECT TO NEW YEAR'S DAY (JANUARY 1), WASHINGTON'S BIRTHDAY (FEBRUARY 22), MEMORIAL DAY (MAY 30), INDEPENDENCE DAY (JULY 4), VETERAN'S DAY (NOVEMBER 11), CHRISTMAS DAY (DECEMBER 25), OR ANY OTHER DAY DECLARED TO BE A HOLIDAY BY FEDERAL STATUTE OR EXECUTIVE ORDER, THE FOLLOWING RULES SHALL APPLY:

"/1) * * *

"/2) IF ANY SUCH DAY SHALL OCCUR ON A REGULAR WEEKLY NONWORKDAY OF ANY OFFICER OR EMPLOYEE WHOSE BASIC WORKWEEK IS OTHER THAN MONDAY THROUGH FRIDAY (EXCEPT THE REGULAR WEEKLY NONWORKDAY ADMINISTRATIVELY SCHEDULED FOR SUCH OFFICER OR EMPLOYEE IN LIEU OF SUNDAY) THE WORKDAY IMMEDIATELY PRECEDING SUCH REGULAR WEEKLY NONWORKDAY SHALL BE HELD AND CONSIDERED TO BE A LEGAL PUBLIC HOLIDAY FOR SUCH OFFICER OR EMPLOYEE IN LIEU OF SUCH DAY WHICH SO OCCURS ON SUCH REGULAR WEEKLY NONWORKDAY.'

REPORT NO. 830, SENATE, 86TH CONGRESS, 1ST SESSION, CONCERNING H.R. 5752, WHICH BECAME PUBLIC LAW 86-362, CONTAINS THE FOLLOWING STATEMENT:

"PROVISION IS MADE BY EXISTING LAW FOR FEDERAL EMPLOYEES TO BE EXCUSED FROM DUTY ON A WORKDAY FOR EACH OF THE EIGHT DESIGNATED LEGAL HOLIDAYS. * * SINCE LABOR DAY AND THANKSGIVING ARE ON SPECIFIED WEEKDAYS THEY ARE NOT HERE INVOLVED, WHEREAS ANY OF THE OTHER SIX HOLIDAYS MAY, AND AT TIMES DO, OCCUR ON SATURDAYS.'

FROM THE FOREGOING IT WOULD APPEAR THAT LABOR DAY AND THANKSGIVING WERE INTENDED TO BE COVERED BY THE PROVISIONS OF EXECUTIVE ORDER NO. 10358. WHILE IT IS SAID BY THE DIRECTOR, OFFICE OF FINANCE, THAT INFORMAL APPROVAL OF FOREIGN SERVICE CIRCULAR NO. 286, WAS GIVEN BY REPRESENTATIVES OF OUR OFFICE, YET PARAGRAPH 4 OF THAT CIRCULAR APPEARS TO BE IN ACCORD WITH NEITHER THE CONTROLLING STATUTE NOR THE APPLICABLE CIVIL SERVICE REGULATIONS. IN VIEW OF THE FOREGOING COMMENTS AND SINCE WE UNDERSTAND THAT THE OTHER DEPARTMENTS AND AGENCIES ARE APPLYING THE PROVISIONS OF EXECUTIVE ORDER NO. 10358, REGARDING LABOR DAY AND THANKSGIVING, WE BELIEVE THAT PARAGRAPH 4 OF CIRCULAR NO. 286 SHOULD BE REVISED IN THE INTEREST OF UNIFORMITY. NO ACTION NEED BE TAKEN REGARDING HOLIDAYS ALREADY GRANTED UNDER PARAGRAPH 4 OF THE FOREGOING CIRCULAR.