Holiday Pay

Updated: 10:24 am ET November 8, 2006

80. Holiday Pay. An eligible employee who performs work on a holiday designated by law or Executive Order of the President is paid at his rate of basic pay, plus premium pay at a rate equal to his rate of basic pay, for holiday work which: (1) is not in excess of 8 hours; or (2) is not overtime work as defined in section 2 of this chapter. An employee who is required to perform any work on a designated holiday is paid for at least 2 hours of holiday work. The rules in this section apply to General Schedule and Wage Grade ('Board) employees.

81. Basic Policy. Employees will not be assigned to duty on holidays unless work is necessary for the protection of life or property, is in the interest of the general public, or is necessary to meet an emergency in which the Government requires the completion of a particular job without delay. In line with this general policy, as many employees as feasible in continuously operating activities (i.e., activities open 16 to 24 hours a day, 7 days a week) will be excused from duty on a holiday; and as many employees as necessary to meet operating requirements will be required to work. Note: The Absence and Leave Handbook, 3600.4, contains further discussion on holiday benefits, and a listing of legal holidays designated by law.

82. Entitlement:

a. Full-Time Employees. Except as limited in subparagraph c, regular full-time employees who have a regularly scheduled basic workweek of at least 40 hours receive holiday benefits. Paragraph 90 contains the rules on holiday benefits for first 40-hour employees.

b. Part-Time Employees. An employee with a regularly scheduled tour of duty receives holiday benefits when the holiday actually falls on one of his scheduled workdays (26 Comp. Gen. 690). He receives the day off with pay, or holiday pay for work performed within his scheduled hours of duty. A part-time employee does not receive holiday benefits for holidays that fall on any of his nonworkdays, or the benefit of an "in lieu of holiday" (32 Comp. Gen. 378). The rules below apply when a part-time employee has a regularly scheduled tour of duty on Monday or Friday (or on both days) and the holiday actually falls on Sunday or Saturday. For pay purposes:

(1) He is excused from his scheduled tour of duty without charge to leave ONLY when he is prevented from working because the office or facility is closed on the "in lieu of holiday." He receives his basic rate of pay if work is required on the in lieu of holiday.

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(2) He is not excused from duty when the office or facility remains in operation on the in lieu of holiday. He receives his basic rate of pay if he works, and is charged leave if he does not work.

Exception: An exception may be authorized only when the employee is actually prevented from working because: (1) an office within the facility is physically closed, and (2) there are no other duties (consistent with his normal duties) to which the employee can be assigned on the in lieu of holiday. If an exception is warranted, the facility chief shall notify payroll in writing of the circumstances which prevented the employee from working, and certify that there were no other duties to which the employee could be assigned.

c. Temporary Employees Paid at Hourly, Daily, or Piece-Work Rates. A temporary employee who is paid at a per hour rate, per diem rate, or on a piece-work basis SHALL or SHALL not receive holiday benefits (day off with pay, or holiday pay for work performed) as follows:

(1) Appointment Limited to 90 Days or Less. An employee whose appointment is limited to 90 days or less is not paid when he does not work on a holiday that occurs during his appointment. If he works on the holiday, he is paid at his basic rate of pay.

(2) Appointment of More Than 90 Days. An employee receives holiday benefits if (1) he has a regularly scheduled tour of duty which includes such holiday, and (2) the period of his temporary appointment from the date of entrance on duty to the day of expiration, inclusive, exceeds 90 calendar days.

(3) Continuous Employment for More Than 90 Days. An employee receives holiday benefits for a holiday that occurs after he has been employed for more than 90 days if (1) he has a regularly scheduled tour of duty, AND (2) he has been currently employed for a continuous period of 90 days or more under one or more appointments without a break in service.

Note: This paragraph does not apply to temporary General Schedule employees.

d. Intermittent Employees. An intermittent employee is not paid for holidays on which he does not work since he does not have a regularly scheduled tour of duty (26 Comp. Gen. 690 and 32 Comp. Gen. 378). He receives his basic rate of pay if he works on a holiday. However, the benefit of a holiday may be granted provided there has been established in advance a regularly scheduled tour of duty which includes a holiday.

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83. Premium Pay for Holiday Work.

a. Holidays Within the Basic 40-Hour Workweek.

(1) Work performed on a holiday, or on a day observed as a holiday in place of the actual holiday, is paid for at a rate that is twice the rate of an employee's basic pay rate.

(2) Work performed on a holiday is credited and paid for in minimum periods of 30 minutes or multiples thereof. Any work that amounts to less than a 30-minute multiple is dropped for pay purposes.

(3) Holiday premium pay shall be paid for not more than 8 hours of work performed on a holiday, even though the scheduled tour worked actually exceeds 8 hours, e.g., four 10-hour days (37 Comp. Gen. 500).

(4) Overtime work performed on a holiday is treated the same as overtime worked on other days.

(5) Compensatory time off shall not be granted in lieu of holiday pay.

(6) When the actual holiday falls on Sunday for an employee whose basic 40-hour workweek includes Sunday and Monday as workdays, Sunday is the day that is treated as the holiday for pay purposes.

(7) When the actual holiday falls on Saturday for an employee whose basic 40-hour workweek includes Friday and Saturday as workdays, Saturday is the day that is treated as the holiday for pay purposes (45 Comp. Gen. 76).

b. Unusual Tours Within the Basic 40-Hour Workweek. The instructions in this paragraph apply when operating requirements necessitate scheduling more than one shift on a calendar day, or scheduling a shift which overlaps midnight.

When an employee is scheduled to work more than 8 hours on a holiday within his basic workweek, he receives holiday pay for 8 of the hours worked unless he has been excused from duty for a portion of a shift because of the holiday. Any hours worked in excess of 8 on that day are overtime hours. If because of the holiday, such an employee is excused from duty for 8 hours on the holiday, any additional hours worked on that day are overtime hours.

 

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When an employee is scheduled to work less than 8 hours on the holiday because the shift either begins before the holiday, or ends after the holiday, he will receive holiday pay for all nonovertime hours (not exceeding 8) worked on that shift. (Hours worked in excess of 8 in a calendar day are overtime hours.)

 

(1) Shift (Within the Basic 40-Hour Workweek) Covering Portions of Two -Calendar Days.

(a) Portion of a single shift begins on the Holiday. When the employee has a shift beginning on the holiday and no other shift occurring on the holiday, that shift is treated as the holiday. The employee is excused from duty for the whole shift, or paid holiday pay for all nonovertime hours (not to exceed 8) worked on that shift. (See Illustration 1, Appendix 7.)

(b) Portion of a Single Shift Ends on the Holiday. When an employee has a shift ending on a holiday and no other shift occurring on the holiday, that shift is treated as the holiday. The employee is excused from duty for the whole shift, or paid holiday pay for all nonovertime hours (not exceeding 8) worked on the shift. (See Illustration 2, Appendix 7.)

(2) Portions of Two Shifts on a Holiday. When portions of two shifts in an employee's basic 40-hour workweek occur on the holiday, the first shift ending on the holiday is treated as the holiday for purposes of excusing the employee from duty. The employee is excused from duty for the entire shift without charge to leave or loss of pay. (See Illustration 3, Appendix 7.) (If he is thus excused, he does not receive holiday pay.)

(a) If he is excused for a portion of the first shift ending on the holiday, he receives holiday pay for the remaining hours worked which do not exceed an aggregate total of 8 hours (excused absence and work) holiday benefit for that shift. (See Illustration 4, Appendix 7.)

(b) If he works both shifts, he will be paid holiday pay for the first 8 hours worked on the calendar holiday, or for all nonovertime hours(not to exceed 8) on the first shift ending on the holiday, whichever is the greater. (See Illustrations 5 and 6, Appendix 7.)

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(3) Two Shifts Beginning on the Holiday. When two shifts, within an employee's basic 40-hour workweek, begin on the holiday, the first shift is treated as the holiday. The employee is excused from duty for the whole shift or paid holiday pay for all nonovertime hours (not to exceed 8) worked on that shift.

c. Holiday Work Outside the Basic 40-Hour Workweek. Holiday pay is not paid for work performed on a holiday outside an employee's basic 40-hour workweek. The overtime pay rules in section 2 apply.

d. Call-Back on a Holiday. When an employee is required to perform any duty on a holiday, he is paid for at least 2 hours of such work.

(1) Where several call-back periods on a holiday total more than 8 hours, holiday pay is limited to 8 hours (38 Comp. Gen. 560).

(2) When an employee is called back to work outside his scheduled tour of duty on a holiday, call-back overtime rules apply (paragraph 33).

(3) When an employee is called back on a holiday and he performs continuous duty which covers a portion of his scheduled daily tour and less than 2 hours of overtime, he is paid holiday pay for work performed within his scheduled tour and the 2-hours minimum overtime pay for the overtime work (37 Comp. Gen. 1). This applies regardless of whether call-back duty begins before the scheduled hours of work, or before the end of the scheduled tour.

Example: When an employee is called back and works continuously for 30 minutes within his scheduled tour and for 30 minutes outside his scheduled tour, he receives holiday pay for 30 minutes and 2-hours minimum overtime pay.

e. Absence on Court or Military Leave. An employee who is absent on court leave or military leave on a holiday receives the same pay as he would have received had he not been on court leave or military leave (31 Comp. Gen. 173). Therefore, the employee which ON court leave or military leave would receive his base rate of pay for the holiday, OR holiday pay if he would have been required to work his scheduled tour on tie holiday.

 

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Note: An employee is not on court leave when he is excused by the courts for one day or for even a substantial part of the day, e.g., one-half day (26 Comp. Gen. 413 and 29 Comp. Gen. 427). These decisions require that an employee who is excused by the court for one day or for a substantial part of the day must return to duty. An employee who is excused by the court on a holiday receives time off for the holiday, or may be required to perform duty. An employee who fails to return to duty on other workdays is charged leave (e.g., annual, sick, leave without pay, or absence without leave, as appropriate). An exception to the requirement to return to duty is warranted in a case where it is not possible to return because the court is far removed from the place of duty or place of residence, or in the case of a night shift employee who would be deprived of rest while performing jury service.

84. Relationship to Other Premium Pay. Holiday pay is not included in the rate of basic pay used for computing other premium pay. An employee's scheduled hours of duty on a holiday that fall within his basic workweek are a part of the basic workweek for overtime pay purposes, regardless of whether the employee works on the holiday, or is given the day off.

a. General Schedule Employees. Holiday pay is computed on the basic rate of pay, and is paid in addition to any other premium pay granted for overtime, night or Sunday work and in addition to the hazard pay differential. Holiday pay is subject to the aggregate salary limitation (paragraph 12).

b. Wage Grade Employees. Holiday pay is paid in addition to other premium pay authorized for overtime or Sunday work. Holiday pay is computed on an employee's basic pay rate, i.e., the day rate, night rate, or environmental differential rate, whichever is applicable.

c. Excused from Duty on Holiday. An employee who receives the benefit of the day off on a holiday, or on a day observed as the holiday in place of the actual holiday, receives his basic rate of pay for his entire scheduled tour of duty and any night differential authorized for his tour (sections 4 and 5). He does not receive overtime pay or Sunday pay for his regularly scheduled tour of duty on that day. There is no authority for paying overtime (47 Comp. Gen. 358) or Sunday pay when no work is performed (46 Comp. Gen. 158).

85. Effect of Non-Pay Status on Holiday Benefits.

 

 

 

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a. Leave Without Pay. The benefit of a holiday may or may not be given, as follows:

(1) An employee who is in a pay status (work or paid leave) for the full workday immediately before, or immediately following a holiday is paid for the holiday when he is not ordered or directed to work on that day (45 Comp. Gen. 291).

(2) If leave without pay is approved through a definite date and the employee reports to duty on the next workday following expiration of leave without pay, he is paid for a holiday that occurs between the date leave without pay ended and the date of return to duty. However, when leave without pay is approved through a date which is a holiday, the employee is not paid for the holiday even though he reports for duty on the next workday after the holiday (13 Comp. Gen. 206).

(3) An employee is not paid for a holiday when he is in a leave without pay status immediately before and immediately after the holiday, e.g., leave without pay last hour of the workday before the holiday and the first hour of first workday after the holiday (45 Comp. Gen. 291).

b. Absent Without Leave (AWOL). An employee who is absent without leave on the day immediately preceding, or on the day immediately following, a holiday shall not be paid for the holiday (16 Comp. Gen. 807).

86. Refusal to Work on Holiday. Pay may be deducted for a holiday if an employee refuses to work on a holiday that falls within his basic workweek (44 Comp. Gen. 274). An employee who is scheduled or ordered to work on a holiday and who fails to work on the holiday may be denied pay for that day when management determines that his reasons for failing to work are not acceptable. Failure to work when work is required on the holiday is an unauthorized absence from duty. Denial of pay for the day is not an adverse action because the employee, by his own action, failed to work as required. This same principle applies to an employee who fails to work on any other scheduled workday within the basic workweek. Management (supervisor) must decide whether an employee's reasons for absence are justified or unjustified on the basis of the facts and circumstances in the case and take action as follows:

a. Acceptable Reasons. If the reason is acceptable, the absence is excused. The employee receives his regular pay for that day.

b. Unacceptable Reasons. If the reasons are determined unjustified, management may take one of the following actions depending on the facts and circumstances in the case:

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(1) Deduct pay for the day by charging the absence as an unauthorized absence (AWOL). This is not an adverse action because the employee, by his own action, failed to work as required.

(2) Permit the employee to be paid, and initiate informal disciplinary action in accordance with 3750.4, Conduct and Discipline Handbook.

(3) Decide that the unauthorized absence warrants formal disciplinary action. In this instance, the employee's pay must be deducted for the days absence as indicated in paragraph 86b(i). 3750.4 contains guidance on disciplinary actions.

87. In Lieu of Days Observed for Holiday Benefits. When a holiday falls on an employee's nonworkday, in lieu of holiday benefits are authorized by law and Executive Order.

a. In lieu of Sunday Holidays. Executive Order 11582 provides:

(1) An employee whose basic 40-hour workweek does not include Sunday and who is ordinarily excused from work on a holiday within his basic workweek shall be excused from work on the next workday of his basic workweek when a holiday falls on Sunday.

(2) An employee whose basic 40-hour workweek includes Sunday, shall be excused from work on the next workday of his basic workweek whenever a holiday falls on a day that has been administratively scheduled as his regular nonworkday in lieu of Sunday. In FAA, an employee's first scheduled nonworkday is administratively designated as his regular weekly nonworkday in lieu of Sunday.

b. In lieu of Saturday Holidays. The law (5 U.S.C. 6103(b)) provides:

(1) When a holiday falls on a Saturday, the Friday immediately before is a legal holiday for employees whose basic workweek is Monday through Friday; and

(2) When a holiday occurs on a scheduled nonworkday of an employee whose basic workweek is other than Monday through Friday, except the nonworkday administratively scheduled instead of Sunday, the workday immediately before the scheduled nonworkday is a legal holiday for the employee.

 

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c. Illustrations of in lieu of Holidays. The following figures show the days observed as holidays for pay and leave purposes (premium pay or day off without charge to leave) when the actual holiday falls on an employee's scheduled days off. Figure 2-1 shows the days observed for employees who have a regularly scheduled 5-day workweek. Figure 2-2 shows the days observed for employees who have a regularly scheduled 4-day workweek. Figure 2-3 shows the days observed for employees who have a regularly scheduled 48-hour weekly tour of duty of six 8-hour days.

Figure 2-1 Days Observed in Lieu of the Actual Holiday Scheduled Five-Day Workweek

Scheduled Five-Day Workweek

Scheduled Days Off

When Actual Holiday Falls On

Day Observed in Lieu of the Actual Holiday

Saturday - Sunday

Saturday
Sunday

Preceding Friday
Following Monday

Sunday - Monday

Sunday
Monday

Following Tuesday
Preceding Saturday

Monday - Tuesday

Monday
Tuesday

Following Wednesday
Preceding Sunday

Tuesday - Wednesday

Tuesday
Wednesday

Following Thursday
Preceding Monday

Wednesday - Thursday

Wednesday
Thursday

Following Friday
Preceding Tuesday

Thursday - Friday

Thursday
Friday

Following Saturday
Preceding Wednesday

Friday - Saturday

Friday
Saturday

Following Sunday
Preceding Thursday


Figure 2-2 Days Observed in Lieu of the Actual Holiday Scheduled Four-Day Workweek

 

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Scheduled Four-Day Workweek

Scheduled Days Off

When Actual Holiday Falls On

Day Observed in Lieu of the Actual Holiday

Sunday, Monday, and Tuesday

Sunday
Monday
Tuesday

Following Wednesday
Preceding Saturday
Preceding Saturday

Monday, Tuesday, and Wednesday

Monday
Tuesday
Wednesday

Following Thursday
Preceding Sunday
Preceding Sunday

Tuesday, Wednesday and Thursday

Tuesday
Wednesday
Thursday

Following Friday
Preceding Monday
Preceding Monday

Wednesday, Thursday, and Friday

Wednesday
Thursday
Friday

Following Saturday
Preceding Tuesday
Preceding Tuesday

Thursday, Friday, and Saturday

Thursday
Friday
Saturday

Following Sunday
Preceding Wednesday
Preceding Wednesday

Friday, Saturday, and Sunday

*Friday
Saturday
Sunday

Preceding Thursday
Preceding Thursday
Following Monday

Saturday, Sunday, and Monday

*Saturday
Sunday
Monday

Preceding Friday
Following Tuesday
Preceding Friday


*In these two instances, Sunday is treated as Sunday even though it is not the first of three consecutive days off (37 Comp. Gen. 554 and reaffirmed in 44 Comp. Gen. 803).   Figure 2-3 Days Observed in Lieu of the Actual Holiday Regularly Scheduled 48-Hour Workweek of Six 8-Hour Days

 

 

 

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Scheduled 48-Hour Workweek of Six 8-Hour Days

Scheduled Days Off

When Actual Holiday Falls On

Day Observed in Lieu of the Actual Holiday

Sunday

Sunday
*Saturday

Following Monday
Preceding Friday

Monday

Monday
*Saturday

Following Tuesday
Preceding Friday

Tuesday

Tuesday
*Saturday

Following Wednesday
Preceding Friday

Wednesday

Wednesday
*Saturday

Following Thursday
Preceding Friday

Thursday

Thursday
*Saturday

Following Friday
Preceding Friday

Friday

Friday
*Saturday

Following Sunday
Preceding Thursday

Saturday

Saturday
*Friday

Following Sunday
Preceding Thursday


*This is the regularly scheduled overtime day, i.e., the sixth 8-hour day of a regular 48-hour weekly tour of duty.

88. Erroneous Designation of in Lieu of Holiday. An employee who works on the day designated as a holiday in place of the actual holiday and who is erroneously excused on another scheduled workday is: (1) paid holiday pay for work performed on the proper in lieu of holiday; and (2) charged leave (annual or leave without pay) for the day that he was erroneously excused from duty (44 Comp. Gen. 803).

89. Inauguration Day. Holiday benefits for Inauguration Day (January 20th, every fourth year) apply only to employees who are employed in the Metropolitan Area of the District of Columbia, i.e., District of Columbia, Montgomery and Prince Georges Counties, Maryland; Arlington and Fairfax Counties, Virginia; and the cities of Alexandria and Falls Church, Virginia. Exceptions are:

a. Duty Away from Metropolitan Area. Employees in travel status or performing official duties away from the metropolitan area on Inauguration Day do not receive holiday pay or the day off (28 Comp. Gen. 515).

 

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b. Temporary Duty Within the Metropolitan Area. Employees on temporary duty or detail within the metropolitan area receive the benefit of Inauguration Day holiday, i.e., the day off or holiday pay if work is required.

90. First 40-Hour Employees. The rules in this paragraph apply only to full-time General Schedule employees whose first 40-hour tours are established under PT P 3600.4, Irregular Workweek Employees. These employees do not have a regular schedule of definite hours of duty or scheduled workdays. Their basic workweek is the first 40 hours of duty performed within a period of not more than 6 days of the administrative workweek, i.e., Sunday through Saturday. Executive Order 11226, dated 27 May 1965 gave first 40-hour employees the benefit of holidays falling on Sunday or Saturday. It also gives full holiday credit (e.g. 8 hours) within the employee's basic 40-hour tour of duty, even though some hours of work performed before the holiday must be converted to overtime hours. The first 40-hour employee receives holiday benefits as shows in the following examples:

a. Holiday Falls on Sunday. When the holiday falls on Sunday, Monday is the day designated as the holiday for pay and leave purposes for first 40-hour employees. The employee works 7 hours on Sunday and 6 hours on Monday. He is credited with 8 hours on Monday, and is paid holiday pay for 6 hours of work. The work on Sunday is paid at the straight time rate. At the close of Monday, he has completed 15 hours toward his 40-hour workweek.

b. Holiday Falls on Saturday. When a holiday falls on Saturday, Friday is the day designated as the holiday for pay and leave purposes for first 40-hour employees.

(1) The employee worked 32 hours in the period Monday through Thursday. He does not work on Friday or Saturday. He is credited with 8 hours on Friday for the holiday, making up his 40-hour workweek.

(2) The employee works 40 hours in the period Monday through Thursday. He does not work on Friday or Saturday. He is credited with 8 hours on Friday, his designated holiday. These 8 hours on Friday are a part of his basic 40-hour workweek. The last 8 hours of work performed in the period, Monday through Thursday, are overtime hours.

(3) The employee works 36 hours in the period, Monday through Thursday. He works 6 hours on Friday and 8 hours on Saturday. Eight hours on Friday, his designated holiday, are credited toward his basic 40-hour workweek. He receives holiday pay for the 6 hours worked on Friday.

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The last 4 hours of the 36 hours worked Monday through Thursday are overtime hours. The 8 hours worked on Saturday are overtime hours.

 

c. Holiday Falls on Tuesday. The employee works 6 hours on Monday, 10 hours on Tuesday, 12 hours on Wednesday, and 12 hours on Friday. He is paid holiday pay for 8 of the hours worked on Tuesday. If an employee did not work on Tuesday, he would be credited with 8 hours for the holiday.

d. Holiday Falls on Friday.

(1) The employee worked 10 hours each day, Monday through Friday. He receives holiday pay for 8 hours on Friday, the holiday. The last 8 hours on Thursday and 2 of the 10 hours on Friday are overtime hours.

(2) The employee works 12 hours each day on Monday and Tuesday, and 8 hours each day on Wednesday and Thursday. He does not work any more during the week. He is credited with 8 hours on Friday as excused absence on the holiday. The 8 hours worked on Thursday are overtime hours.

e. Additional Half-Holiday Ordered. A half-day holiday is granted by Executive Order on Thursday, and Friday is a legal holiday. A first 40-hour employee works 40 hours during the period Sunday through Wednesday. His 40-hour basic workweek must include the holiday time, i.e., 4 hours on Thursday and 8 hours on Friday. The last 12 hours worked in the period Sunday through Wednesday are overtime hours.

91. - 94. Reserved.

 

 

 

 

 

 

 

 

 

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