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Attachment 2 to CPM 98-9
PAY AND LEAVE ADMINISTRATION
INSTRUCTIONS
Excusing
Employees from Duty
- Covered full-time employees who can be
spared from their usual duties, and for whom Thursday,
December 24, 1998, is a regularly scheduled workday, will
be excused from duty for the last half of any regularly
scheduled nonovertime tour of duty beginning on that day
without loss of pay or charge to leave, except as
provided below.
- Part-time employees also will be excused
from duty for the last half of any regularly scheduled
tour of duty on December 24.
- This period will be treated as a holiday
for pay and leave purposes.
- Special rules apply to employees on flexible or
compressed work schedules. (See below.)
Determining
"In Lieu of" Holidays
- When a holiday falls on a nonworkday outside a full-time
employee's basic workweek, a different day is treated as
a holiday for pay and leave purposes. (See 5 U.S.C.
6103(b).) This day is sometimes called an "in lieu
of" holiday. For the purpose of these instructions,
the term "half-day holiday"
refers to the last half of an employee's scheduled tour
of duty beginning on December 24 or an
employee's period of time off in lieu of this period, as
determined under the rules for designating "in lieu
of" holidays.
- If Thursday, December 24, is a nonworkday that falls
outside a full-time employee's basic workweek, the
half-day holiday will be observed on the last workday
immediately preceding December 24.
- If Friday, December 25, is a nonworkday that falls
outside a full-time employee's basic workweek, the
December 25 holiday will be observed on the last workday
immediately preceding December 25. If that day happens to
be Thursday, December 24, the half-day holiday will be
observed on the last workday immediately preceding
December 24.
- Part-time employees are not covered by the statute and
Executive order that authorize "in lieu of"
holidays for full-time employees when a holiday falls on
a nonworkday.
Pay Entitlements
- Most employees who are excused from duty under the terms
of the President's Executive order will receive the pay
they would have received for the half-day holiday if no
Executive order had been issued. However, an employee
with an intermittent tour of duty is not
entitled to pay for the half-day holiday unless he or she
actually performs work during that period. In addition,
when an employee is in a nonpay status
immediately before the half-day holiday and at
the beginning of the first workday after that period, he
or she is not entitled to pay for the half-day holiday.
- If an employee is not excused from duty because
his or her services are required, he or she will receive holiday
premium pay under 5 U.S.C. 5546 (if applicable)
for nonovertime work performed during the
half-day holiday.
- An employee may not earn compensatory
time off for work performed during the half-day
holiday.
Leave
- An employee who was previously scheduled to take annual
leave during the half-day holiday will not be charged
annual leave (or any other form of paid leave,
compensatory time off, or credit hours) for that period.
(This policy does not apply to employees who receive
annual premium pay for standby duty under 5 U.S.C.
5545(c)(1) or to firefighters who are covered by the new
firefighter pay provisions enacted by Congress as part of
the Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999 (Public Law 105-277, October 21,
1998).)
- An employee who was previously scheduled to take
"use or lose" annual leave during the
half-day holiday will forfeit such leave unless he or she
makes arrangements to schedule another period of time off
on annual leave before the end of this leave year. There
is no authority to restore forfeited annual leave under
these circumstances.
Employees
on Flexible Work Schedules
- An employee on a flexible work schedule who is excused
from duty during the half-day holiday is entitled to a
maximum of 4 hours of pay for that period. Similarly, an
employee on a flexible work schedule who is required to
perform nonovertime work during the half-day holiday is
entitled to a maximum of 4 hours of holiday premium pay
for that period.
- Agencies may require employees on a 5/4-9
flexible work schedule (or other flexible
schedules under which employees work more than 8 hours a
day) to make arrangements to work extra hours, take
annual leave, or use credit hours or compensatory time
off, as appropriate, in order to fulfill the 80-hour
biweekly work requirement.
Employees
on Compressed Work Schedules
- Under 5 U.S.C. 6103(d), an agency may designate a different
"in lieu of" holiday period for employees on
compressed work schedules than would otherwise be
required by law if the agency head determines that it is
necessary to do so in order to prevent an "adverse
agency impact," as defined in 5 U.S.C. 6131.
- The half-day holiday for an employee on a compressed work
schedule consists of half the total number of hours of
work in his or her work schedule on the day involved.
Therefore, an employee on a compressed work schedule who
is excused from duty during the half-day holiday is
entitled to receive pay for half of the total number of
nonovertime hours in his or her scheduled tour of duty on
that day. Similarly, an employee on a compressed work
schedule who is required to perform nonovertime work
during the half-day holiday is entitled to holiday
premium pay for up to half of the total number of hours
in his or her scheduled tour of duty on that day.
- Compressed work schedules are fixed work schedules.
Therefore, an employee on a compressed work schedule may
not elect to move his or her nonworkday to another day of
the week. Under its authority to revise an employee's
regularly scheduled administrative workweek, an agency
may change the administrative workweek of an employee in
writing in advance of the administrative workweek.
However, agencies may not require employees to move their
regularly scheduled days off solely to avoid paying
holiday premium pay.
Contract Employees
- The President's Executive order does not apply to
employees of private sector entities, including
contractors. However, a contract may specify that
contract employees will be granted any holidays provided
by law or Executive order to Federal employees.
- Contract employees should contact their supervisor or
contract officer to obtain information about their
contract provisions and the holiday schedule applicable
to them.
Questions
- Questions about this memorandum may be directed to our
Pay and Leave Administration Division at (202) 606-2858;
FAX (202) 606-0824; or email payleave@opm.gov.
Last Modified: 3:38:04 PM on Wednesday, August 20, 2003
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