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5 U.S.C. § 6104 — Holidays; daily, hourly, and piece-work basis employees
Federal law — U.S. Code and appendices · legal_authorities
When a regular employee as defined by [section 2105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2105&num=0&edition=prelim) or an individual employed regularly by the government of the District of Columbia, whose pay is fixed at a daily or hourly rate, or on a piece-work basis, is relieved or prevented from working on a day—
(1) on which agencies are closed by Executive order, or, for individuals employed by the government of the District of Columbia, by order of the Mayor;
(2) by administrative order under regulations issued by the President, or, for individuals employed by the government of the District of Columbia, by the Council of the District of Columbia; or
(3) solely because of the occurrence of a legal public holiday under [section 6103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6103&num=0&edition=prelim), or a day declared a holiday by Federal statute, Executive order, or, for individuals employed by the government of the District of Columbia, by order of the Mayor;
he is entitled to the same pay for that day as for a day on which an ordinary day’s work is performed.
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Stable record: federal_law:legal_authorities:record_usc_5ef495d7fc713b5f0c6dd4c5
Source file: Laws/federal/codes/united-states-code/title-5/section-6104-holidays-daily-hourly-and-piece-work-basis-employees--4a8f6d7677.md
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Source location: Title 5, Chapter 61, § 6104; chapter-061-hours-of-work.md
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When a regular employee as defined by [section 2105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2105&num=0&edition=prelim) or an individual employed regularly by the government of the District of Columbia, whose pay is fixed at a daily or hourly rate, or on a piece-work basis, is relieved or prevented from working on a day—
(1) on which agencies are closed by Executive order, or, for individuals employed by the government of the District of Columbia, by order of the Mayor;
(2) by administrative order under regulations issued by the President, or, for individuals employed by the government of the District of Columbia, by the Council of the District of Columbia; or
(3) solely because of the occurrence of a legal public holiday under [section 6103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6103&num=0&edition=prelim), or a day declared a holiday by Federal statute, Executive order, or, for individuals employed by the government of the District of Columbia, by order of the Mayor;
he is entitled to the same pay for that day as for a day on which an ordinary day’s work is performed.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purpose of this title, “employee”, except as otherwise provided by this section or when specifically modified, means an officer and an individual who is—
(1) appointed in the civil service by one of the following acting in an official capacity—
(A) the President;
(B) a Member or Members of Congress, or the Congress;
(C) a member of a uniformed service;
(D) an individual who is an employee under this section;
(E) the head of a Government controlled corporation; or
(F) an adjutant general designated by the Secretary concerned under [section 709(c) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section709/c&num=0&edition=prelim);
(2) engaged in the performance of a Federal function under authority of law or an Executive act; and
(3) subject to the supervision of an individual named by paragraph (1) of this subsection while engaged in the performance of the duties of his position.
**(b)** An individual who is employed at the United States Naval Academy in the midshipmen’s laundry, the midshipmen’s tailor shop, the midshipmen’s cobbler and barber shops, and the midshipmen’s store, except an individual employed by the Academy dairy (if any), and whose employment in such a position began before October 1, 1996, and has been uninterrupted in such a position since that date is deemed an employee.
**(c)** An employee paid from nonappropriated funds of the Army and Air Force Exchange Service, Navy Ships Stores Program, Navy exchanges, Marine Corps exchanges, Coast Guard exchanges, and other instrumentalities of the United States under the jurisdiction of the armed forces conducted for the comfort, pleasure, contentment, and mental and physical improvement of personnel of the armed forces is deemed not an emp
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 2105
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The following are legal public holidays:New Year’s Day, January 1. Birthday of Martin Luther King, Jr., the third Monday in January. Washington’s Birthday, the third Monday in February. Memorial Day, the last Monday in May. Juneteenth National Independence Day, June 19. Independence Day, July 4. Labor Day, the first Monday in September. Columbus Day, the second Monday in October. Veterans Day, November 11. Thanksgiving Day, the fourth Thursday in November. Christmas Day, December 25.
**(b)** For the purpose of statutes relating to pay and leave of employees, with respect to a legal public holiday and any other day declared to be a holiday by Federal statute or Executive order, the following rules apply:
(1) Instead of a holiday that occurs on a Saturday, the Friday immediately before is a legal public holiday for—
(A) employees whose basic workweek is Monday through Friday; and
(B) the purpose of section 6309 11 See References in Text note below. of this title.
(2) Instead of a holiday that occurs on a regular weekly non-workday of an employee whose basic workweek is other than Monday through Friday, except the regular weekly non-workday administratively scheduled for the employee instead of Sunday, the workday immediately before that regular weekly nonworkday is a legal public holiday for the employee.
(3) Instead of a holiday that is designated under subsection (a) to occur on a Monday, for an employee at a duty post outside the United States whose basic workweek is other than Monday through Friday, and for whom Monday is a regularly scheduled workday, the legal public holiday is the first workday of the workweek in which the Monday designated for the observance of such holiday under subsection (a) occurs.
This subsection, except subparagraph (B) of
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 6103
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The rate of basic pay to which an employee is entitled is governed by regulations prescribed by the Office of Personnel Management in conformity with this subchapter and chapter 51 of this title when—
(1) he is transferred from a position in the legislative, judicial, or executive branch to which this subchapter does not apply;
(2) he is transferred from a position in the legislative, judicial, or executive branch to which this subchapter applies to another such position;
(3) he is demoted to a position in a lower grade;
(4) he is reinstated, reappointed, or reemployed in a position to which this subchapter applies following service in any position in the legislative, judicial, or executive branch;
(5) his type of appointment is changed;
(6) his employment status is otherwise changed; or
(7) his position is changed from one grade to another grade.
For the purpose of this subsection, an individual employed by the Appalachian Regional Commission under [section 14306(a)(2) of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section14306/a/2&num=0&edition=prelim), who was a Federal employee immediately prior to such employment by a commission and within 6 months after separation from such employment is employed in a position to which this subchapter applies, shall be treated as if transferred from a position in the executive branch to which this subchapter does not apply.
**(b)** An employee who is promoted or transferred to a position in a higher grade is entitled to basic pay at the lowest rate of the higher grade which exceeds his existing rate of basic pay by not less than two step-increases of the grade from which he is promoted or transferred. If, in the case of an employee so promoted or transferred who is receiving basic
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5334
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purpose of this section, “agency” means an Executive agency, but does not include—
(1) a Government controlled corporation;
(2) the Tennessee Valley Authority;
(3) the Virgin Islands Corporation;
(4) the Atomic Energy Commission;
(5) the Central Intelligence Agency;
(6) the Panama Canal Commission; or
(7) the National Security Agency, Department of Defense.
**(b)** Under regulations prescribed and administered by the President, each agency shall review systematically the operations of each of its activities, functions, or organization units, on a continuing basis.
**(c)** The purpose of the reviews includes—
(1) determining the degree of efficiency and economy in the operation of the agency’s activities, functions, or organization units;
(2) identifying the units that are outstanding in those respects; and
(3) identifying the employees whose personal efforts have caused their units to be outstanding in efficiency and economy of operations.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 305
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Federal law — U.S. Code and appendices · legal_authorities
The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.
Source: Supplied U.S. Code snapshot — release unconfirmed · 3 U.S.C. § 301
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Federal law — U.S. Code and appendices · legal_authorities
Page 793
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 6106
§ 6104. Holidays; daily, hourly, and piece-work
basis employees
When a regular employee as defined by section
2105 of this title or an individual employed regu-
larly by the government of the District of Co-
lumbia, whose pay is fixed at a daily or hourly
rate, or on a piece-work basis, is relieved or pre-
vented from working on a day—
(1) on which agencies are closed by Execu-
tive order, or, for individuals employed by the
government of the District of Columbia, by
order of the Mayor;
(2) by administrative order under regula-
tions issued by the President, or, for individ-
uals employed by the government of the Dis-
trict of Columbia, by the Council of the Dis-
trict of Columbia; or
(3) solely because of the occurrence of a legal
public holiday under section 6103 of this title,
or a day declared a holiday by Federal statute,
Executive order, or, for individuals employed
by the government of the District of Colum-
bia, by order of the Mayor;
he is entitled to the same pay for that day as for
a day on which an ordinary day’s work is per-
formed.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 516; Pub. L.
90–623, § 1(15), Oct. 22, 1968, 82 Stat. 1313; Pub. L.
96–54, § 2(a)(38), Aug. 14, 1979, 93 Stat. 383.)
HISTORICAL AND REVISION NOTES
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
..................
5 U.S.C. 86a.
June 29, 1938, ch. 818, § 1, 52
Stat. 1246.
June 11, 1954, ch. 283, 68
Stat. 249.
July 18, 1958, Pub. L. 85–533,
§ 2, 72 Stat. 377.
The enumeration of holidays is eliminated as unnec-
essary in view of section 6103.
Standard changes are made to conform with the defi-
nitions applicable and the style of this title as outlined
in the preface to the report.
Editorial
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 6104
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