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B-202626 1 (1984-09-04)

handle is hein.gao/gaobadlwr0001 and id is 1 raw text is: * L ow_ -i-4 THE COMPTROLLER UNEAL omCIION OP THE UNITEO STATUS WAGHINGTON, 0. C. 20543 FILE: B-202626 DATE: September 4, 1984 MATTER OF: Kenneth W. Swartley - Reconsideration - Holiday Premium Pay DIGEST: We affirm our prior decision that when an employee's regular daily tour of duty covers portions of 2 calendar days, one of which is his designated holiday, all of that tour of duty is considered to occur during the employee's holiday. Even though part of the holiday tour may begin on a day during which the employee has already worked 8 hours, that portion of the holiday tour of duty is not con- sidered overtime under 5 U.S.C. S 5542, which would preclude it from being considered holiday work. See 5 U.S.C. S 5546(b). We have been asked to reconsider our decision Kenneth W. Swartley, B-202626, June 15, 1982, in which we held that an employee is entitled to 8 hours of holiday premium pay even though his 8-hour work shift covers portions of 2 calendar days, one of which is not a holiday, and he has already worked 8 hours on an earlier shift on the first day. Since our decision gives effect to the letter and spirit of the holiday pay law, we do not think it necessary to modify our prior Swartley decision. Mr. Donald B. Rock, Director of Personnel and Training, Federal Aviation Administration, U.S. Department of Transportation, has requested that we reconsider part of the holding in Swartley. The Swartley decision involved a grade GS-14 air traffic controller who was regularly engaged in a 5-day workweek beginning Friday and ending on Tuesday with Wednesday and Thursday being his regularly scheduled days off. During the time in question, Tuesday, November 20, 1979, was designated as Mr. Swartley's holiday in lieu of Thanksgiving pursuant to 5 U.S.C. S 6103 and FAA regula- tions. On November 19, 1979, Mr. Swartley was on duty for an 8-hour shift from 6:54 a.m. to 2:54 p.m. with 2 hours of annual leave taken during the first 2 hours of the shift. o qit

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