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B-198343(MRV) 1 (1980-05-21)

handle is hein.gao/gaobabjem0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES , , WASHINGTON. D.C. £0144 IN RIflY PCRNo B-198343 (MRV) May 21, 191JO The Honorable Gladys Noon Spellman Chair, Subcoramittee on CompentflrJR. .. and Employee Benefits a~jrvt~l Committee on Post Office and Civil Survice Hoise of Representatives Dear Madam Chair: 7his is in response to your letter of March 26, 1980, requesting our raview of certain Department of the Army regulations governing holiday premium pay for part-time civilian employees. The question arose in connection with the observance of the Labor Day holiday at the Army Commissary, Fort Campbell, Kentucky. From the information provtded In the enclotures with your letter, we offer the following cnments on this matter. In accordance with Army regulations the Army Commissary desig- rated Tuesday, September 4, 1979, as the in lieu of holiday for full-time Commissary employees with a Tuesday through Saturday tour of duty. In order to avoid the payment of holiday pay to these full- time employees the Army closed the Comnissary on Tuesday. However, the Aty advtsed part-time employees that they could either take annual leave or leave without pay on Tuesday or work that day and be compeusated at their basic rates of pay. When a part-time employee filed a grievance aecking holiday premium pay for working on Tuesday, the Army denied the grievance on the basis that part-time employees were not entitled to a day in lieu of a holiday which did not fall within their basic workweek and they could be paid holiday premium pay only for work performed on a legal holiday or a day on which the holiday is legally observed. The first question to be addressed it the Army's selection of a day in lieu of a holiduy where the Labor Day holiday fell on a non- workday for these employeen. Under the provislons of 5 U.S.C. § 6103(b)(2) (1976), where Monday is the declared holiday and it is also the regular notuworkday of an employee with a Tuesday through Saturday workweek, then the Saturday immedl.atcely preceding the holi-. day is normally the employee's legal holiday. See 44 Comp. Gen. 803 (1965); and 11-192104, September I, 19/8. Itoweier, under the provisicns *r 0 ,l.I2 -