5 U.S.C. § 6103 — Holidays

Page 791 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 6103 1 See References in Text note below. Executive Documents DELEGATION OF FUNCTIONS Functions vested in Office of Personnel Management under this section insofar as it affects officers and em- ployees in or under the executive branch of the govern- ment to be performed without approval of President, see section 1(1) of Ex. Ord. No. 11228, June 14, 1965, 30 F.R. 7739, set out as a note under section 301 of Title 3, The President. [§ 6102. Repealed. Pub. L. 92–392, § 7(a), Aug. 19, 1972, 86 Stat. 573] Section, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 515, pro- vided for eight-hour day and 40-hour workweek for wage-board employees. See sections 5544(a) and 6101(a)(1) of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective on first day of first applicable pay period beginning on or after 90th day after Aug. 19, 1972, see section 15(a) of Pub. L. 92–392, set out as an Effec- tive Date note under section 5341 of this title. § 6103. Holidays (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 Octo- ber. 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 Sat- urday, 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 1 of this title. (2) Instead of a holiday that occurs on a reg- ular 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 non- workday is a legal public holiday for the em- ployee. (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 Mon- day 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 sub- section (a) occurs. This subsection, except subparagraph (B) of paragraph (1), does not apply to an employee whose basic workweek is Monday through Sat- urday. (c) January 20 of each fourth year after 1965, Inauguration Day, is a legal public holiday for the purpose of statutes relating to pay and leave of employees as defined by section 2105 of this title and individuals employed by the govern- ment of the District of Columbia employed in the District of Columbia, Montgomery and Prince Georges Counties in Maryland, Arlington and Fairfax Counties in Virginia, and the cities of Alexandria and Falls Church in Virginia. When January 20 of any fourth year after 1965 falls on Sunday, the next succeeding day se- lected for the public observance of the inaugura- tion of the President is a legal public holiday for the purpose of this subsection. (d)(1) For purposes of this subsection— (A) the term ‘‘compressed schedule’’ has the meaning given such term by section 6121(5); and (B) the term ‘‘adverse agency impact’’ has the meaning given such term by section 6131(b). (2) An agency may prescribe rules under which employees on a compressed schedule may, in the case of a holiday that occurs on a regularly scheduled non-workday for such employees, and notwithstanding any other provision of law or the terms of any collective bargaining agree- ment, be required to observe such holiday on a workday other than as provided by subsection (b), if the agency head determines that it is nec- essary to do so in order to prevent an adverse agency impact. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 515; Pub. L. 90–363, § 1(a), June 28, 1968, 82 Stat. 250; Pub. L. 94–97, Sept. 18, 1975, 89 Stat. 479; Pub. L. 98–144, § 1, Nov. 2, 1983, 97 Stat. 917; Pub. L. 104–201, div. A, title XVI, § 1613, Sept. 23, 1996, 110 Stat. 2739; Pub. L. 105–261, div. A, title XI, § 1107, Oct. 17, 1998, 112 Stat. 2142; Pub. L. 117–17, § 2, June 17, 2021, 135 Stat. 287.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large (a) ............. 5 U.S.C. 87. June 28, 1894, ch. 118, 28 Stat. 96. 5 U.S.C. 87a. May 13, 1938, ch. 210, 52 Stat. 351. June 1, 1954, ch. 250, 68 Stat. 168. 5 U.S.C. 87b. Dec. 26, 1941, ch. 631, 55 Stat. 862. (b) ............. 5 U.S.C. 87c. Sept. 22, 1959, Pub. L. 86–362, §§ 1, 2, 73 Stat. 643, 644. (c) ............. [Uncodified]. Jan. 11, 1957, Pub. L. 85–1, 71 Stat. 3. In subsection (a), former sections 87, 87a, and 87b are combined and restated for clarity. The names of all holidays are inserted for ready reference in a like man- ner to that used in former section 87c. Page 792 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 6103 In subsection (c), the year ‘‘1965’’ is substituted for ‘‘1957’’. 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 Notes REFERENCES IN TEXT Section 6309 of this title, referred to in subsec. (b)(1)(B), was repealed by Pub. L. 94–183, § 2(26), Dec. 31, 1975, 89 Stat. 1058. AMENDMENTS 2021—Subsec. (a). Pub. L. 117–17 inserted item relating to Juneteenth National Independence Day. 1998—Subsec. (b)(3). Pub. L. 105–261 added par. (3). 1996—Subsec. (d). Pub. L. 104–201 added subsec. (d). 1983—Subsec. (a). Pub. L. 98–144 inserted item relating to birthday of Martin Luther King, Jr. 1975—Subsec. (a). Pub. L. 94–97 changed Veterans Day from fourth Monday in October to November 11. 1968—Subsec. (a). Pub. L. 90–363 added Columbus Day, the second Monday in October, to the enumerated legal public holidays, and substituted provisions that Wash- ington’s Birthday, Memorial Day, and Veterans Day are to be celebrated on the third Monday in February, the last Monday in May, and the fourth Monday in Oc- tober, respectively, for provisions that the above men- tioned public holidays are to be celebrated on February 22, May 30, and November 11, respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1983 AMENDMENT Pub. L. 98–144, § 2, Nov. 2, 1983, 97 Stat. 917, provided that: ‘‘The amendment made by the first section of this Act [amending this section] shall take effect on the first January 1 that occurs after the two-year period following the date of the enactment of this Act [Nov. 2, 1983].’’ EFFECTIVE DATE OF 1975 AMENDMENT Pub. L. 94–97 provided that the amendment made by Pub. L. 94–97 is effective Jan. 1, 1978. EFFECTIVE DATE OF 1968 AMENDMENT Pub. L. 90–363, § 2, June 28, 1968, 82 Stat. 251, provided that: ‘‘The amendment made by subsection (a) of the first section of this Act [amending this section] shall take effect on January 1, 1971.’’ REFERENCES IN LAWS OF THE UNITED STATES TO OBSERVANCES OF LEGAL PUBLIC HOLIDAYS Pub. L. 90–363, § 1(b), June 28, 1968, 82 Stat. 250, pro- vided that: ‘‘Any reference in a law of the United States (in effect on the effective date of the amend- ment made by subsection (a) of this section) [January 1, 1971] to the observance of a legal public holiday on a day other than the day prescribed for the observance of such holiday by section 6103(a) of title 5, United States Code, as amended by subsection (a), shall on and after such effective date be considered a reference to the day for the observance of such holiday prescribed in such amended section 6103(a).’’ Executive Documents EXECUTIVE ORDER NO. 10358 Ex. Ord. No. 10358, June 9, 1952, 17 F.R. 1529, as amend- ed by Ex. Ord. No. 11226, May 27, 1965, 30 F.R. 7213; Ex. Ord. No. 11272, Feb. 23, 1966, 31 F.R. 3111, which related to the observance of holidays, was revoked by Ex. Ord. No. 11582, Feb. 11, 1971, 36 F.R. 2957, set out below. EX. ORD. NO. 11582. OBSERVANCE OF HOLIDAYS Ex. Ord. No. 11582, Feb. 11, 1971, 36 F.R. 2957, provided: By virtue of the authority vested in me as President of the United States, it is hereby ordered as follows: SECTION 1. Except as provided in section 7, this order shall apply to all executive departments, independent agencies, and Government corporations, including their field services. SEC. 2. As used in this order: (a) Holiday means the first day of January, the third Monday of February, the last Monday of May, the fourth day of July, the first Monday of September, the second Monday of October, the fourth Monday of Octo- ber, the fourth Thursday of November, the twenty-fifth day of December, or any other calendar day designated as a holiday by Federal statute or Executive order. (b) Workday means those hours which comprise in se- quence the employee’s regular daily tour of duty within any 24-hour period, whether falling entirely within one calendar day or not. SEC. 3. (a) Any employee whose basic workweek does not include Sunday and who would ordinarily be ex- cused from work on a holiday falling within his basic workweek shall be excused from work on the next workday of his basic workweek whenever a holiday falls on Sunday. (b) Any employee whose basic workweek includes Sunday and who would ordinarily be excused from work on a holiday falling within his basic workweek 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 weekly nonworkday in lieu of Sunday. SEC. 4. The holiday for a full-time employee for whom the head of a department has established the first 40 hours of duty performed within a period of not more than six days of the administrative workweek as his basic workweek because of the impracticability of pre- scribing a regular schedule of definite hours of duty for each workday, shall be determined as follows: (a) If a holiday occurs on Sunday, the head of the de- partment shall designate in advance either Sunday or Monday as the employee’s holiday and the employee’s basic 40-hour tour of duty shall be deemed to include eight hours on the day designated as the employee’s holiday. (b) If a holiday occurs on Saturday, the head of the department shall designate in advance either the Sat- urday or the preceding Friday as the employee’s holi- day and the employee’s basic 40-hour tour of duty shall be deemed to include eight hours on the day designated as the employee’s holiday. (c) If a holiday occurs on any other day of the week, that day shall be the employee’s holiday, and the em- ployee’s basic 40-hour tour of duty shall be deemed to include eight hours on that day. (d) When a holiday is less than a full day, propor- tionate credit will be given under paragraph (a), (b), or (c) of this section. SEC. 5. Any employee whose workday covers portions of two calendar days and who would, except for this section, ordinarily be excused from work scheduled for the hours of any calendar day on which a holiday falls, shall instead be excused from work on his entire work- day which commences on any such calendar day. SEC. 6. In administering the provisions of law relating to pay and leave of absence, the workdays referred to in sections 3, 4, and 5 shall be treated as holidays in lieu of the corresponding calendar holidays. SEC. 7. The provisions of this order shall apply to offi- cers and employees of the Post Office Department and the United States Postal Service (except that sections 3, 4, 5, and 6 shall not apply to the Postal Field Service) until changed by the Postal Service in accordance with the Postal Reorganization Act. SEC. 8. Executive Order No. 10358 of June 9, 1952, enti- tled Observance of Holidays by Government Agencies and amendatory Executive Orders No. 11226 of May 27, 1965, and No. 11272 of February 23, 1966, are revoked. SEC. 9. This order is effective as of January 1, 1971. RICHARD NIXON. 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 Notes AMENDMENTS 1979—Pub. L. 96–54 substituted ‘‘Mayor’’ for ‘‘Commis- sioner’’ in pars. (1) and (3), and ‘‘Council of the District of Columbia’’ for ‘‘District of Columbia Council’’ in par. (2). 1968—Pub. L. 90–623 substituted ‘‘Commissioner’’ for ‘‘Board of Commissioners’’ in pars. (1) and (3), and ‘‘Dis- trict of Columbia Council’’ for ‘‘Board of Commis- sioners’’ in par. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–54 effective July 12, 1979, see section 2(b) of Pub. L. 96–54, set out as a note under section 305 of this title. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of this title. Executive Documents EX. ORD. NO. 10552. DELEGATION OF AUTHORITY TO PROMULGATE REGULATIONS Ex. Ord. No. 10552, Aug. 10, 1954, 19 F.R. 5079, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided: By virtue of the authority vested in me by section 301 of title 3 of the United States Code, 65 Stat. 713, it is declared that the Office of Personnel Management be, and it is hereby, designated and empowered to exercise, without the approval, ratification, or other action of the President, the authority vested in the President by the joint resolution of June 29, 1938, 52 Stat. 1246, as amended by the act of June 11, 1954, 68 Stat. 249 [this section], to promulgate regulations under which cer- tain employees of the Government may be prevented or relieved from working by administrative order. § 6105. Closing of Executive departments An Executive department may not be closed as a mark to the memory of a deceased former offi- cial of the United States. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 516.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 28. Mar. 3, 1893, ch. 211, § 4, 27 Stat. 715. 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. § 6106. Time clocks; restrictions A recording clock may not be used to record time of an employee of an Executive department in the District of Columbia, except that the Bu- reau of Engraving and Printing may use such re- cording clocks. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 516; Pub. L. 97–221, § 6(a), July 23, 1982, 96 Stat. 234.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 27. Feb. 24, 1899, ch. 187, § 1 (14th par. on p. 864), 30 Stat. 864. The words ‘‘District of Columbia’’ are substituted for ‘‘Washington’’ as a clearer statement. 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 Notes AMENDMENTS 1982—Pub. L. 97–221 substituted ‘‘District of Colum- bia, except that the Bureau of Engraving and Printing may use such recording clocks’’ for ‘‘District of Colum- bia’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1982 AMENDMENT Pub. L. 97–221, § 6(b), July 23, 1982, 96 Stat. 234, pro- vided that: ‘‘The amendment made by this section [amending this section] shall take effect October 1, 1982. Section 5 of this Act [set out in the Termination Date of 1982 Amendment note under section 6101 of this