such effective date be considered a reference to the day for the observance of such holiday prescribed in such amended section 6103 (a)." Ex. ORD. No. 10358. OBSERVANCE OF HOLIDAYS Ex. Ord. No. 10358, June 9, 1952, 17 F.R. 1529, as amended by Ex. Ord. No. 11226, May 27, 1965, 30 F.R. 7213; Ex. Ord. No. 11272, Feb. 23, 1966, 31 F.R. 3111, provided: SECTION 1. Except as provided in section 10, this Order shall apply to all executive departments, independent agencies, and Government-owned or Government-controlled corporations, including their field services. SEC. 2. As used in this order: (a) "Holiday" means the first day of January, the twenty-second day of February, the thirtieth day of May, the fourth day of July, the first Monday of September, the eleventh day of November, 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 sequence the employee's regular daily tour of duty within any 24-hour period, whether falling entirely within one calendar day or not. SEC. 3. Whenever a holiday falls on a Sunday, Federal offices and establishments shall be closed to public business on the following Monday. SEC. 4. (a) Any employee whose basic workweek does not include 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 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 non-workday in lieu of Sunday. SEC. 5. Any employee 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 the first Monday of September or the fourth Thursday of November, or any other holiday which always occurs on a specific day of the calendar week (other than Sunday), falls on a day outside the employee's regular basic workweek. SEC. 6. 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 workday which commences on any such calendar day. SEC. 7. In administering the provisions of law relating to pay and leave of absence, the workdays referred to in sections 4, 5, 6, and 9 shall be treated as holidays in lieu of the corresponding calendar holidays. SEC. 8. This order shall become effective sixty days after the date hereof, and shall supersede Executive Order No. 9636 of October 3, 1945, entitled "Observance by Government Agencies of Holidays Falling on Sundays." SEC. 9. The holiday of 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 prescribing 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 department 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 8 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 Saturday or the preceding Friday as the employee's holiday and the employee's basic 40-hour tour of duty shall be deemed to include 8 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 employee's basic 40-hour tour of duty shall be deemed to include 8 hours on that day. (d) When a holiday is less than a full day, proportionate credit will be given under paragraph (a), (b), or (c) of this section. SEC. 10. The provisions of sections 4, 5, 6, 7, and 9 of this Order shall not apply to the postal field service, and the Postmaster General shall provide by regulation for equivalent benefits for all employees of the postal field service. CROSS REFERENCE For regulations for administration of holidays for employees of the government of the District of Columbia, see D.C. Code, § 1-260. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 6104 of this title. § 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 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 Commissioner; (2) by administrative order under regulations issued by the President, or, for individuals employed by the government of the District of Columbia, by the District of Columbia Council; 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 Columbia, by order of the Commissioner; he is entitled to the same pay for that day as for a day on which an ordinary day's work is performed. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 516; Pub. L. 90-623, § 1(15), Oct. 22, 1968, 82 Stat. 1313.) 1968-Par. (1). Pub. L. 90-623, § 1(15) (A), substituted "Commissioner" for "Board of Commissioners". Par. (2). Pub. L. 90-623, § 1(15) (B), substituted "District of Columbia Council" for "Board of Commissioners". Par. (3). Pub. L. 90-623, § 1(15) (A), substituted "Commissioner" for "Board of Commissioners". 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. EX. ORD. NO. 10552. DELEGATION OF AUTHORITY TO Ex. Ord. No. 10552, Aug. 10, 1954, 19 F.R. 5079, 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 United States Civil Service Commission 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 certain employees of the Government may be prevented or relieved from working by administrative order. DWIGHT D. EISENHOWER 1968-Pub. L. 90-588, § 1(b), Oct. 17, 1968, 82 Stat. 1151, added item 6326. Pub. L. 90-367, § 2(b), June 29, 1968, 82 Stat. 277, added item 6312. 1967-Pub. L. 90–221, § 3(b), Dec. 23, 1967, 81 Stat. 671, added item 6325. 1966-Pub. L. 89-747, § 1(3), Nov. 2, 1966, 80 Stat. 1179, added reference to leave for crews of vessels in item 6305. (i) a teacher or librarian of the public schools of the District of Columbia; (ii) a part-time employee who does not have an established regular tour of duty during the administrative workweek; (iii) a temporary employee engaged in construction work at an hourly rate; (iv) an employee of the Canal Zone Government or the Panama Canal Company when employed on the Isthmus of Panama; (v) a physician, dentist, or nurse in the Department of Medicine and Surgery, Veterans' Administration; (vi) an employee of either House of Congress or of the two Houses; (vii) an employee of a corporation supervised by the Farm Credit Administration if private interests elect or appoint a member of the board of directors; (viii) an alien employee who occupies a position outside the United States, except as provided by section 6310 of this title; (ix) a "teacher" or an individual holding a "teaching position" as defined by section 901 of title 20; (x) an officer in the executive branch or in the government of the District of Columbia who is appointed by the President and whose rate of basic pay exceeds the highest rate payable under section 5332 of this title; (xi) an officer in the executive branch or in the government of the District of Columbia who is designated by the President, except a postmaster, United States attorney, or United States marshal; or (xii) an officer who receives pay under section 866 of title 22. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 517; Pub. L. 91-375, § 6(c) (17), Aug. 12, 1970, 84 Stat. 776.) In paragraph (1), the words "when used in a geographical sense" are added for clarity. In paragraph (2), the words "an employee as defined by section 2105 of this title" are coextensive with and substituted for "civilian officers and employees of the United States. . . including officers and employees of corporations wholly owned or controlled by the United States". Specific reference to officers and members of the Metropolitan Police force of the District of Columbia, the Fire Department of the District of Columbia, the United States Park Police force, and the White House Police force, as set forth in former section 2067, is omitted as unnecessary in view of the provisions of paragraph (2) (A), (B). The exception for "commissioned officers of the Public Health Service" and "commissioned officers of the Coast and Geodetic Survey" in former section 2061(b) (1) (E), (F) is omitted as unnecessary since these officers are excluded by the definition of the word "employee" in section 2105. In paragraph (2) (ix), the words "as defined by section 901 of title 20" are added on authority of former section 2351, which section is scheduled for transfer to section 901 of title 20. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. AMENDMENTS 1970-Par. (2) (ii). struck out ", except an hourly employee in the postal field service," following "part-time employee". EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12, 1970, on date established therefor by the Board of Governors of the United States Postal Service and published by it in the Federal Register, see section 15(a) of Pub. L. 91-375, set out as a note preceding section 101 of Title 39, Postal Service. EX. ORD. No. 10540. DESIGNATION OF CERTAIN OFFICERS AS EXEMPT Ex. Ord. No. 10540, June 29, 1954, 19 F.R. 3983, provided: 1. Subject to the provisions of section 2 hereof, officers in the executive branch of the Government and officers of the government of the District of Columbia, including officers of corporations wholly owned or controlled by the United States, who now or may hereafter occupy the positions set forth in the schedule attached hereto and made a part hereof are hereby designated as officers to whom the Annual and Sick Leave Act of 1951, as amended [this chapter], shall not apply. 2. The Chairman of the United States Civil Service Commission is hereby designated and empowered, with out the approval, ratification, or other action of the President, to exercise the authority conferred upon the President by section 202 (c) (1) (C) of the said Annual and Sick Leave Act of 1951, as amended [now (2) (xi) of this section], to designate officers in the executive branch of the Government and officers of the government of the District of Columbia, including officers of corporations wholly owned or controlled by the United States, to whom the said Annual and Sick Leave Act of 1951, as amended [this chapter], shall not apply. The authority delegated by this paragraph to the Chairman of the Civil Service Commission shall be deemed to include the authority to add positions to, or delete positions from, the schedule of positions attached hereto and made a part hereof, as the Chairman may from time to time consider appropriate. 3. This order shall become effective immediately except that paragraph 1 thereof shall become effective on the first day of the first pay period of the respective officers concerned which begins after the date of this order. DWIGHT D. EISENHOWER SCHEDULE OF POSITIONS REFERRED TO IN THE EXECUTIVE ORDER NO. 10540 I. EXECUTIVE OFFICE OF THE PRESIDENT 1. Assistant Director, Bureau of the Budget, authorized by Title I of the First Independent Offices Appropriation Act, 1954 (67 Stat. 298, 299). XIII. SMALL BUSINESS ADMINISTRATION 1. Deputy Administrator. XIV. VETERANS ADMINISTRATION 1. Deputy Administrator. XV. WAR CLAIMS COMMISSION 1. Commissioner. XVI. GOVERNMENT OF THE DISTRICT OF COLUMBIA 1. Member, Board of Commissioners. 2. Member, Public Utility Commission. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 5551, 6302, 6305, 6306, 6308 of this title. SECTION REFERRED TO IN D.C. CODE This section is referred to in sections 31-1603, 31-1623 of the District of Columbia Code. § 6302. General provisions. (a) The days of leave provided by this subchapter are days on which an employee would otherwise work and receive pay and are exclusive of holidays and nonworkdays established by Federal statute, Executive order, or administrative order. (b) For the purpose of this subchapter an employee is deemed employed for a full biweekly pay period if he is employed during the days within that period, exclusive of holidays and nonworkdays established by Federal statute, Executive order, or administrative order, which fall within his basic administrative workweek. (c) A part-time employee, unless otherwise excepted, is entitled to the benefits provided by subsection (d) of this section and sections 6303, 6304 (a), (b), 6305 (a), 6307, and 6310 of this title on a pro rata basis. (d) The annual leave provided by this subchapter, including annual leave that will accrue to an employee during the year, may be granted at any time during the year as the head of the agency concerned may prescribe. (e) If an officer excepted from this subchapter by section 6301 (2) (x)-(xii) of this title, without a break in service, again becomes subject to this subchapter on completion of his service as an excepted officer, the unused annual and sick leave standing to his credit when he was excepted from this subchapter is deemed to have remained to his credit. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 517.) HISTORICAL AND REVISION NOTES (e) 5 U.S.C. 2061a (b) Revised Statutes and Oct. 30, 1951, ch. 631, July 2, 1953, ch. 178, § 2(b), 67 Stat. 137. In subsection (d), the words "the head of the agency concerned" are substituted for "the heads of the various departments and independent establishments". 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 REFERRED TO IN D.C. CODE This section is referred to in sections 31-1603, 31-1623 of the District of Columbia Code. § 6303. Annual leave; accrual (a) An employee is entitled to annual leave with pay which accrues as follows (1) one-half day for each full biweekly pay period for an employee with less than 3 years of service; (2) three-fourths day for each full biweekly pay period, except that the accrual for the last full biweekly pay period in the year is one and one-fourth days, for an employee with 3 but less than 15 years of service; and (3) one day for each full biweekly pay period for an employee with 15 or more years of service. In determining years of service, an employee is entitled to credit for all service creditable under section 8332 of this title for the purpose of an annuity under subchapter III of chapter 83 of this title. However, an employee who is a retired member of a uniformed service as defined by section 3501 of this title is entitled to credit for active military service only if (A) his retirement was based on disability— (i) resulting from injury or disease received in line of duty as a direct result of armed conflict; or (ii) caused by an instrumentality of war and incurred in line of duty during a period of war as defined by sections 101 and 301 of title 38; (B) that service was performed in the armed forces during a war, or in a campaign or expedition for which a campaign badge has been authorized; or (C) on November 30, 1964, he was employed in a position to which this subchapter applies and thereafter he continued to be so employed without a break in service of more than 30 days. The determination of years of service may be made on the basis of an affidavit of the employee. Leave provided by this subchapter accrues to an employee who is not paid on the basis of biweekly pay periods on the same basis as it would accrue if the employee were paid on the basis of biweekly pay periods. (b) Notwithstanding subsection (a) of this section, an employee is entitled to annual leave under this subchapter only after being currently employed for a continuous period of 90 days under one or more appointments without a break in service. After completing the 90-day period, the employee is entitled to be credited with the leave that would have accrued to him under subsection (a) of this section except for this subsection. (c) A change in the rate of accrual of annual leave by an employee under this section takes effect at the beginning of the pay period after the pay period, or corresponding period for an employee who is not paid on the basis of biweekly pay periods, in which the employee completed the prescribed period of service. (d) Leave granted under this subchapter is exclusive of time actually and necessarily occupied in going to or from a post of duty and time necessarily occupied awaiting transportation, in the case of an employee (1) to whom section 6304 (b) of this title applies; (2) whose post of duty is outside the United States; and (3) who returns on leave to the United States, or to his place of residence, which is outside the area of employment, in its territories or possessions including the Commonwealth of Puerto Rico. This subsection does not apply to more than one period of leave in a prescribed tour of duty at a post outside the United States. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 518.) Derivation HISTORICAL AND REVISION NOTES U.S. Code 5 U.S.C. 2062 (a), (b), (e), (1). 5 U.S.C. 3101 (as applicable to 5 U.S.C. 2062(a)). Revised Statutes and Statutes at Large Oct. 30, 1951, ch. 631, § 203 (a), (b), (e), (1), 65 Stat. 679-681. Sept. 6, 1960, Pub. L. 86-707, § 401 “(e)", 74 Stat. 799. Aug. 19, 1964, Pub. L. 88-448, § 203, 78 Stat. 487. Aug. 19, 1964, Pub. L. 88-448, § 101 (as applicable to § 203), 78 Stat. 484. In subsection (a), the words "Except as otherwise provided in this subsecton" are omitted as unnecessary in view of the specific inclusion of the exception in the third sentence. The words "for the purposes of this subsection" are omitted as surplusage. The reference to "section 8332 of this title for the purpose of an annuity under subchapter III of chapter 83 of this title" is substituted for "section 3 of the Civil Service Retirement Act for the purposes of an annuity under such Act to reflect the codification of that Act in this title. In paragraph (B), the words "on November 30, 1964, he was employed in a position to which this subchapter applies and thereafter he continued to be so employed" are substituted for "immediately prior to the effective date of this sentence he was employed in a civilian office to which this Act applies and, on and after such date, he continued to be employed in any such office". 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 REFERRED TO IN OTHER SECTIONS This section is referred to in sections 6302, 6304, 6312 of this title. SECTION REFERRED TO IN D.C. CODE This section is referred to in sections 31-1603, 31-1623 of the District of Columbia Code. § 6304. Annual leave; accumulation. (a) Except as provided by subsection (b) of this section, annual leave provided by section 6303 of this title, which is not used by an employee, accumulates for use in succeeding years until it totals not more than 30 days at the beginning of the first full biweekly pay period, or corresponding period for an employee who is not paid on the basis of biweekly pay periods, occurring in a year. (b) Annual leave not used by an employee of the Government of the United States in one of the following classes of employees stationed outside the United States accumulates for use in succeeding years until it totals not more than 45 days at the beginning of the first full biweekly pay period, or corresponding period for an employee who is not paid on the basis of biweekly pay periods, occurring in a year: (1) Individuals directly recruited or transferred by the Government of the United States from the United States or its territories or possessions including the Commonwealth of Puerto Rico for employment outside the area of recruitment or from which transferred. (2) Individuals employed locally but (A) (i) who were originally recruited from the United States or its territories or possessions including the Commonwealth of Puerto Rico but outside the area of employment; (ii) who have been in substantially continuous employment by other agencies of the United States, United States firms, interests, or organizations, international organizations in which the United States participates, or foreign governments; and (iii) whose conditions of employment provide for their return transportation to the United States or its territories or possessions including the Commonwealth of Puerto Rico; or (B) (i) who were at the time of employment temporarily absent, for the purpose of travel or formal study, from the United States, or from their respective places of residence in its territories or possessions including the Commonwealth of Puerto Rico; and (ii) who, during the temporary absence, have maintained residence in the United States or its territories or possessions including the Commonwealth of Puerto Rico but outside the area of employment. (3) Individuals who are not normally residents of the area concerned and who are discharged from service in the armed forces to accept employment with an agency of the Government of the United States. (c) Annual leave in excess of the amount allowable (1) under subsection (a) or (b) of this section which was accumulated under earlier statute; or (2) under subsection (a) of this section which was accumulated under subsection (b) of this section by an employee who becomes subject to subsection (a) of this section; remains to the credit of the employee until used. The excess annual leave is reduced at the beginning of the first full biweekly pay period, or corresponding period for an employee who is not paid on the basis of biweekly pay periods, occurring in a year, by the amount of annual leave the employee used during the preceding year in excess of the amount which accrued during that year, until the employee's accumulated leave does not exceed the amount allowed under subsection (a) or (b) of this section, as appropriate. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 519.) Derivation (a) HISTORICAL AND REVISION NOTES U.S. Code 5 U.S.C. 2062 (c) Revised Statutes and Oct. 30, 1951, ch. 631, July 2, 1953, ch. 178, §3(a), 67 Stat. 137. Oct. 30, 1951, ch. 631, § 203 (d), 65 Stat. 680. July 2, 1953, ch. 178, § 3(b), 67 Stat. 137. Sept. 6, 1960, Pub. L. 86-707, § 401 "(d)", 74 Stat. 799. |