PRIA, Government Policy, Made Personal

Summary

Workers who do a regular 8-hour shift that is not overtime and part of it falls on Sunday must be paid their regular (basic) pay for the whole shift plus extra pay equal to 25% of their basic pay. If a U.S. employee is serving abroad where Sunday is a normal workday, the Secretary of State can pick the local day of rest to count instead of Sunday. Workers who do paid work on a holiday set by federal law or by the President, and for District of Columbia government workers a holiday set by the D.C. Council, must be paid their basic pay plus extra pay equal to their basic pay for that holiday work that is not over 8 hours and is not overtime. If an employee is required to work at all on a designated holiday, they must be paid for at least 2 hours. Any overtime on a Sunday or holiday is paid under the usual overtime rules. The extra pay above is in addition to any night-shift extra pay that may also apply.

Title 5, §5546

Government Organization and Employees, Source: USLM XML via OLRC

(a)An employee who performs work during a regularly scheduled 8-hour period of service which is not overtime work as defined by section 5542(a) of this title a part of which is performed on Sunday is entitled to pay for the entire period of service at the rate of his basic pay, plus premium pay at a rate equal to 25 percent of his rate of basic pay. For employees serving outside the United States in areas where Sunday is a routine workday and another day of the week is officially recognized as the day of rest and worship, the Secretary of State may designate the officially recognized day of rest and worship as the day with respect to which the preceding sentence shall apply instead of Sunday.

(b)An employee who performs work on a holiday designated by Federal statute, Executive order, or with respect to an employee of the government of the District of Columbia, by order of the District of Columbia Council, is entitled to pay at the rate of his basic pay, plus premium pay at a rate equal to the rate of his basic pay, for that holiday work which is not—

(1)in excess of 8 hours; or

(2)overtime work as defined by section 5542(a) of this title.

(c)An employee who is required to perform any work on a designated holiday is entitled to pay for at least 2 hours of holiday work.

(d)An employee who performs overtime work as defined by section 5542(a) of this title on a Sunday or a designated holiday is entitled to pay for that overtime work in accordance with section 5542(a) of this title.

(e)Premium pay under this section is in addition to premium pay which may be due for the same work under section 5545(a) and (b) of this title, providing premium pay for nightwork.

Notes & Related Subsidiaries

Historical and Revision Notes

1966 Act DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 922.

June 30, 1945, ch. 212, § 302, 59 Stat. 298.

May 24, 1946, ch. 270, § 11, 60 Stat. 218. Sept. 1, 1954, ch. 1208, § 207, 68 Stat. 1110.

July 18, 1958, Pub. L. 85–533, § 1, 72 Stat. 377. In subsections (a) and (b), the word “officer” is omitted as included in “employee”. In subsections (b) and (c), the word “designated” is substituted for “such a” and “such” in former section 922(b) and (c) to identify the holiday as one designated by statute, Executive order, or the Board of Commissioners of the District of Columbia. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. 1967 Act Section of title 5Source (U.S. Code)Source (Statutes at Large) 5546(a)5 App.: 921a.

July 18, 1966, Pub. L. 89–504, § 405(b)(1), (c), 80 Stat. 297. In subsection (a), the words “An employee who performs work . . . is entitled to pay . . . at the rate of his basic pay” are coextensive with and substituted for “Any . . . service . . . performed . . . shall be compensated . . . at the rate of basic compensation of the officer or employee performing such work.” The words “section 5542(a) of this title” are substituted for “section 201 of this Act” to reflect the codification of that section in title 5, United States Code. The words “between midnight Saturday and midnight Sunday” are coextensive with and substituted for “within the period commencing at midnight Saturday and ending at midnight Sunday”.

Editorial Notes

Amendments

1998—Subsec. (a). Pub. L. 105–277 inserted at end “For employees serving outside the United States in areas where Sunday is a routine workday and another day of the week is officially recognized as the day of rest and worship, the Secretary of State may designate the officially recognized day of rest and worship as the day with respect to which the preceding sentence shall apply instead of Sunday.” 1968—Subsec. (b). Pub. L. 90–623, § 1(13)(A), substituted “District of Columbia Council” for “Board of Commissioners of the District of Columbia”. Subsec. (d). Pub. L. 90–623, § 1(13)(B), substituted “5542(a)” for “5442(a)”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1968 AmendmentAmendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on Oct. 22, 1968, but amendment of subsec. (d) of this section by section 1(13)(B) of Pub. L. 90–623 effective as of Sept. 6, 1966, for all purposes, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of this title.

Transfer of Functions

District of Columbia Council, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93–198, title VII, § 711, Dec. 24, 1973, 87 Stat. 818, and replaced by Council of District of Columbia, as provided by section 401 of Pub. L. 93–198. Condition of Performance Pub. L. 105–277, div. A, § 101(h) [title VI, § 624], Oct. 21, 1998, 112 Stat. 2681–480, 2681–518, provided that: “Notwithstanding any other provision of law, no part of any funds provided by this Act or any other Act beginning in fiscal year 1999 and thereafter shall be available for paying Sunday premium pay to any employee unless such employee actually performed work during the time corresponding to such premium pay.” Similar provisions were contained in the following prior appropriations act: Pub. L. 105–61, title VI, § 636, Oct. 10, 1997, 111 Stat. 1316.

§5546 Pay for Sunday and Holiday Work