B-156989, AUG. 12, 1965, 45 COMP. GEN. 76

B-156989, AUG. 12, 1965, 45 COMP. GEN. 76

COMPENSATION - HOLIDAYS - SATURDAY HOLIDAY WITHIN WORKWEEK FOR EMPLOYEES WHOSE BASIC 40-HOUR WORKWEEK INCLUDES SATURDAY AS A WORKDAY, ABSENT AUTHORITY FOR THE DESIGNATION OF ANOTHER DAY IN LIEU OF THE SATURDAY HOLIDAY, THE USUAL RULES REGARDING HOLIDAY BENEFITS FOR FEDERAL EMPLOYEES APPLY, AND THE HOLIDAY FALLING ON SATURDAY IS REGARDED AS THE HOLIDAY, AND EMPLOYEES REQUIRED TO WORK ON THE SATURDAY HOLIDAY ARE ENTITLED TO HOLIDAY COMPENSATION, EVEN THOUGH BY ADMINISTRATIVE ORDER THE INSTALLATION ON THE PRECEDING FRIDAY IS CLOSED FOR PUBLIC BUSINESS, AND AN ADMINISTRATIVE REGULATION PROVIDING THAT FOR EMPLOYEES HAVING A BASIC WORKWEEK THAT INCLUDES BOTH A HOLIDAY AND A CLOSED DAY IN LIEU OF THE HOLIDAY, THE CLOSED DAY MAY BE OBSERVED IS NOT CONTROLLING AND THE REGULATION SHOULD BE MODIFIED. LEAVES OF ABSENCE - HOLIDAYS - SATURDAY HOLIDAY WITHIN WORKWEEK WHEN A HOLIDAY OCCURS ON A SATURDAY AND BY ADMINISTRATIVE REGULATION AN INSTALLATION IS CLOSED FOR PUBLIC BUSINESS ON THE PRECEDING FRIDAY, EMPLOYEES WHOSE BASIC 40-HOUR WORKWEEK INCLUDES SATURDAY AS A WORKDAY MAY NOT BE CHARGED LEAVE FOR ABSENCES ON THE SATURDAY HOLIDAY OR THE PRECEDING FRIDAY ESTABLISHED AS A NONWORKDAY IN LIEU OF THE HOLIDAY, SECTION 205 (A) OF THE ANNUAL AND SICK LEAVE ACT OF 1951, AS AMENDED, 5 U.S.C. 2064 (A), PROVIDING THAT DAYS OF LEAVE SHALL BE EXCLUSIVE OF HOLIDAYS AND ALL NONWORKDAYS ESTABLISHED BY FEDERAL STATUTE OR BY EXECUTIVE OR ADMINISTRATIVE ORDER; THEREFORE, AN ADMINISTRATIVE REGULATION PURPORTING TO PERMIT THE DESIGNATION OF FRIDAY OR SATURDAY AS THE DAY ON WHICH A HOLIDAY FALLING ON A SATURDAY WILL BE OBSERVED BY EMPLOYEES WHOSE 40-HOUR WORKWEEK INCLUDES SATURDAY SHOULD BE MODIFIED ACCORDINGLY.

TO THE SECRETARY OF THE AIR FORCE, AUGUST 12, 1965:

WE REFER TO YOUR LETTER OF JUNE 9, 1965, CONCERNING THE OBSERVANCE OF SATURDAY HOLIDAYS AND THE ALLOWANCE OF HOLIDAY COMPENSATION IN CONNECTION WITH SUCH HOLIDAYS FOR EMPLOYEES OF THE DEPARTMENT OF THE AIR FORCE WHOSE BASIC WORKWEEK INCLUDES SATURDAY AS A WORKDAY.

PARAGRAPH 11B OF AIR FORCE REGULATION 40-523 PROVIDES IN PERTINENT PART:

* * * WHEN AN EMPLOYEE'S BASIC WORKWEEK INCLUDES SUNDAY OR SATURDAY AS A REGULAR WORKDAY, AND A HOLIDAY FALLS ON ONE OF THOSE DAYS, THAT DAY NORMALLY WILL BE OBSERVED AS THE HOLIDAY. HOWEVER, WHEN THE INSTALLATION IS CLOSED FOR PUBLIC BUSINESS ON MONDAY OR FRIDAY BECAUSE OF A HOLIDAY FALLING ON SUNDAY OR SATURDAY AND AN EMPLOYEE'S BASIC WORKWEEK INCLUDES BOTH THE HOLIDAY AND THE CLOSED DAY, THIS CLOSED DAY MAY BE DESIGNATED AS THE DAY OBSERVED. * * *

YOU ASK WHETHER THAT PROVISION IS CONSISTENT WITH THE ACT OF SEPTEMBER 22, 1959, PUBLIC LAW 86-362, 73 STAT. 643, 5 U.S.C. 87C, WHICH PROVIDES:

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), VETERANS 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)IF ANY SUCH DAY SHALL OCCUR ON A SATURDAY, THE DAY IMMEDIATELY PRECEDING SUCH SATURDAY SHALL BE HELD AND CONSIDERED TO BE A LEGAL PUBLIC HOLIDAY, IN LIEU OF SUCH DAY WHICH SO OCCURS ON SUCH SATURDAY, (A) FOR SUCH OFFICERS AND EMPLOYEES WHOSE BASIC WORKWEEK IS MONDAY THROUGH FRIDAY, AND (B) FOR THE PURPOSES OF SECTION 205 (D) OF THE ANNUAL AND SICK LEAVE ACT OF 1951 (65 STAT. 681), AS AMENDED (5 U.S.C. 2064 (D) ).

(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.

SEC. 2. THE FIRST SECTION OF THIS ACT, EXCEPT CLAUSE (B) OF PARAGRAPH (1) OF SUCH SECTION, SHALL NOT APPLY TO ANY OFFICER OR EMPLOYEE WHOSE BASIC WORKWEEK IS MONDAY THROUGH SATURDAY.

THAT PROVISION OF LAW DOES NOT ADDRESS ITSELF TO THE ALLOWANCE OF BENEFITS FOR SATURDAY HOLIDAYS TO EMPLOYEES WHOSE 40-HOUR WORKWEEK INCLUDES SATURDAY AS A WORKDAY SUCH AS HERE. THEREFORE, THE USUAL RULES REGARDING HOLIDAY BENEFITS FOR FEDERAL EMPLOYEES MUST BE APPLIED FOR SUCH EMPLOYEES ON SATURDAY HOLIDAYS, AND UNDER THE RELATED CIRCUMSTANCES A HOLIDAY FALLING ON A SATURDAY MUST BE REGARDED AS THEIR HOLIDAY, THERE BEING NO AUTHORITY FOR THE DESIGNATION OF ANOTHER DAY IN LIEU OF A SATURDAY HOLIDAY. THE FACT THAT THE CIVIL SERVICE COMMISSION HAS ISSUED A REGULATION IN IMPLEMENTATION OF EXECUTIVE ORDER NO. 10358 PERTAINING TO HOLIDAYS FALLING ON SUNDAY WHICH PERMITS DESIGNATION OF EITHER SUNDAY OR MONDAY AS THE HOLIDAY WHEN THE EMPLOYEE'S TOUR INCLUDES BOTH DAYS, MAY NOT BE USED AS A BASIS FOR SIMILAR ORDERS ISSUED BY ADMINISTRATIVE AGENCIES OF THE GOVERNMENT TO COVER HOLIDAYS FALLING ON SATURDAY. IT FOLLOWS THAT IF SUCH EMPLOYEES ARE REQUIRED TO WORK ON SATURDAY HOLIDAYS THEY ARE ENTITLED TO HOLIDAY COMPENSATION THEREFOR.

SECTION 205 (A) OF THE ANNUAL AND SICK LEAVE ACT OF 1951, APPROVED OCTOBER 30, 1951, CH. 631, 65 STAT. 681, AS AMENDED, 5 U.S.C. 2064 (A) PROVIDES:

(A)THE DAYS OF LEAVE PROVIDED FOR IN THIS CHAPTER SHALL MEAN DAYS UPON WHICH AN EMPLOYEE WOULD OTHERWISE WORK AND RECEIVE PAY, AND SHALL BE EXCLUSIVE OF HOLIDAYS, AND ALL NONWORKDAYS ESTABLISHED BY FEDERAL STATUTE OR BY EXECUTIVE OR ADMINISTRATIVE ORDER.

THAT SECTION NOT ONLY PROVIDES THAT LEAVE MAY NOT BE CHARGED ON HOLIDAYS BUT ALSO PROVIDES THAT LEAVE MAY NOT BE CHARGED ON A NONWORKDAY ESTABLISHED BY ADMINISTRATIVE ORDER. WE ARE OF THE VIEW THAT THE CLOSING OF AN INSTALLATION BY ORDER OF AN AUTHORIZED OFFICIAL OF THE DEPARTMENT OF THE AIR FORCE ON A FRIDAY WHICH PRECEDES A SATURDAY HOLIDAY IS THE ESTABLISHMENT OF A NONWORKDAY BY ADMINISTRATIVE ORDER FOR EMPLOYEES WHOSE 40-HOUR WORKWEEK INCLUDES BOTH FRIDAY AND SATURDAY, AND THAT, CONSEQUENTLY, THE CHARGING OF ANNUAL LEAVE TO EMPLOYEES WHO ARE PREVENTED FROM WORKING BY SUCH ADMINISTRATIVE ACTION WOULD BE IMPROPER.

FOR THE REASONS STATED THE PROVISION OF PARAGRAPH 11B OF AIR FORCE REGULATION 40-523, WHICH PURPORTS TO PERMIT THE ADMINISTRATIVE DESIGNATION OF FRIDAY OR SATURDAY AS THE DAY ON WHICH A HOLIDAY FALLING ON A SATURDAY WILL BE OBSERVED BY EMPLOYEES WHOSE 40-HOUR WORKWEEK INCLUDES SATURDAY MAY NOT BE REGARDED AS CONTROLLING IN THIS SITUATION AND SHOULD BE MODIFIED ACCORDINGLY.