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- EMPLOYEES WHOSE WORKING HOURS ARE IRREGULAR AND UNPREDICTABLE AND FOR WHOM A BASIC WORKWEEK HAS BEEN ESTABLISHED AS THE FIRST 40 HOURS WORKED IN THEIR ADMINISTRATIVE WORKWEEK OF 7 CONSECUTIVE CALENDAR DAYS. WE FEEL THAT THERE IS SERIOUS DOUBT WHETHER THE PROVISIONS OF THE ACT OF SEPTEMBER 22. CONCERNING HOLIDAYS FALLING ON SATURDAY ARE APPLICABLE TO FIRST-40 HOUR EMPLOYEES. THE PROVISIONS OF THE ACT ARE DIRECTED TO SITUATIONS WHERE EMPLOYEES HAVE A SCHEDULED WORKWEEK AND WHERE THE HOURS WHICH AN EMPLOYEE WILL WORK ON ANY GIVEN DAY ARE REGULAR AND CERTAIN. SINCE THE DAILY WORK TOURS OF FIRST-40-HOUR EMPLOYEES ARE UNPREDICTABLE AND UNCERTAIN TO THE EXTENT THAT THEY HAVE NO REGULAR HOURS OF DUTY OR REGULAR NONWORKDAYS.

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B-149239, AUG. 24, 1962

TO THE SECRETARY OF AGRICULTURE:

ON JUNE 20, 1962, THE ADMINISTRATIVE ASSISTANT SECRETARY REQUESTED OUR COMMENTS ON A PROPOSED REVISION OF THE ADMINISTRATIVE REGULATIONS ON HOLIDAY AND LEAVE BENEFITS FOR FIRST-40-HOUR EMPLOYEES--- EMPLOYEES WHOSE WORKING HOURS ARE IRREGULAR AND UNPREDICTABLE AND FOR WHOM A BASIC WORKWEEK HAS BEEN ESTABLISHED AS THE FIRST 40 HOURS WORKED IN THEIR ADMINISTRATIVE WORKWEEK OF 7 CONSECUTIVE CALENDAR DAYS.

WE FEEL THAT THERE IS SERIOUS DOUBT WHETHER THE PROVISIONS OF THE ACT OF SEPTEMBER 22, 1959, PUBLIC LAW 86-362, 73 STAT. 643, 5 U.S.C. 87C, CONCERNING HOLIDAYS FALLING ON SATURDAY ARE APPLICABLE TO FIRST-40 HOUR EMPLOYEES. THE PROVISIONS OF THE ACT ARE DIRECTED TO SITUATIONS WHERE EMPLOYEES HAVE A SCHEDULED WORKWEEK AND WHERE THE HOURS WHICH AN EMPLOYEE WILL WORK ON ANY GIVEN DAY ARE REGULAR AND CERTAIN. SINCE THE DAILY WORK TOURS OF FIRST-40-HOUR EMPLOYEES ARE UNPREDICTABLE AND UNCERTAIN TO THE EXTENT THAT THEY HAVE NO REGULAR HOURS OF DUTY OR REGULAR NONWORKDAYS, THEIR SITUATION IS NOT ONE WHICH FITS WITHIN THE FRAMEWORK OF THE ACT. CONSEQUENTLY, WE ARE OF THE OPINION THAT LEGISLATION SHOULD BE OBTAINED TO CLARIFY AND DELINEATE THE APPLICATION OF THE HOLIDAY BENEFITS CONTEMPLATED BY THE ACT TO THE SITUATION OF FIRST-40-HOUR EMPLOYEES. ALSO, IT WOULD SEEM DESIRABLE THAT ANY SUCH LEGISLATION SHOULD BE DIRECTED TOWARD THE PROBLEMS INVOLVED IN THE APPLICATION TO THESE EMPLOYEES OF HOLIDAY BENEFITS OTHER THAN THOSE PROVIDED BY THE SATURDAY HOLIDAY LAW.

THE PROPOSED REGULATIONS PERTAINING TO THE APPLICATION OF THE ANNUAL AND SICK LEAVE ACT OF 1951, CH. 631, TITLE II, SECTIONS 201-209, 65 STAT. 679, AS AMENDED, 5 U.S.C. 2061-2065, TO THESE EMPLOYEES WOULD APPEAR TO BE FOR CONSIDERATION BY THE U.S. CIVIL SERVICE COMMISSION UNDER SECTION 30.801 OF THE LEAVE REGULATIONS, L-1-30, FEDERAL PERSONNEL MANUAL.

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