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B-222836 1 (1986-05-08)

handle is hein.gao/gaobabizq0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED sTATZ5 j. . Ma 8, 1986 .onorable Michael D. Barnes ,hairman, Federal Government Service Task Eorce use of Representatives Dear . Barnes: This is in response to your letter dated April 4, 1986, '4equestin our opinion on the authority of a Federal agency to 8 &wtgrlough its employees on a Federal holiday. For the reasons - et forth below, we conclude that agencies may not furlough -loyees solely on holidays and thereby deny them compensation for tehldays. - The Food Safety and Inspection Service (FSIS) of the Depart- mont of Agriculture has notified its employees that, because of budget cuts, the agency intends to furlough its employees on each of the next three scheduled Federal holidays--Memorial Day, the fourth of July, and Labor Day. The Office of Personnel Manage- mont (OPM) issued an advisory statement on March 18, 1986, Informing Federal agencies that they could legally furlough enployees on a Federal holiday. You suggest that OPM's position is based on a narrow construction of 5 U.S.C. § 6104(3)which conflicts with clear congressional intent to provide pay on legal, holiday .. In addition, you ask our views on holiday furloughs from the standpoint of sound personnel policy; that is, whether he advantages to the agency of a holiday furlough are outweighed- by the consequent blow to employee morale and productivity. At the 9utset we note that, subsequent to your request for Our opinion, the American Federation of Government Employees filed suit to declare illegal and enjoin the FSIS holiday furlo . It is our general policy not to issue legal oinions ol matters in litigation. See, e.g., 58 Comp. Gen. 282Y 286 (1979). However, we believe that an exception to this 0olicy £s Warranted here since, as discussed below, the OPM position SuPporting the legality of holiday furloughs appears to rest largely on a misaoplication of prior Comptroller General tCtsion

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