(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.
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.
Section of title 5
Source (U.S. Code)
Source (Statutes at Large)
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”.
1998—Subsec. (a). Pub. L. 105–277inserted 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)”.
Effective Date of 1968 Amendment
Amendment by Pub. L. 90–623intended 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) ofPub. L. 90–623effective as of Sept. 6, 1966, for all purposes, see section 6 ofPub. 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 ofPub. 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:
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
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