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B-191033 1 (1978-05-22)

handle is hein.gao/gaobadshl0001 and id is 1 raw text is: RELEASED UNITED STATES GENERAL ACCOUNTING OFFICE 7 '-!J' W.ASHINGTON, D.C. .20548 . REE TO B-191033 OFFICE OF GENERAL COUNSEL - May 22, 1978 Suite 202, Piedmont Building .114 North Elm Street Greensboro, North Carolina 27402 Dear Mr. This is in response to your letter of December 28, 1977, concerning your entitlement to pay on Monday, October 10., 1977, a Federal holiday. Section 6104 of title 5, United States Code (1976) states that when an employee is prevented from working on a day solely because of the occurrence of a legal public holiday, the employee is entitled to be paid as if he had worked that day. Your letter and the enclosures, submitted therewith do not show that you were prevented from working'- on October 10, 1977, solely because it was a holiday. It appears that you were 'prevented from working because of a suspension. The fact that a holiday might occur at the beginning, end, or during a period of suspension does not operate to negate the suspension for that day because the employee would not have otherwise worked on that day. Accordingly, a period of suspension includes any holiday occurring therein. Since an employee is entitled to pay for a holiday only if the reason he did not work was because of the occurrence of the holiday, you were not entitled to pay for that day, if your suspension was proper. The Civil Service Commission, not the General Accounting Office, has jurisdiction over the legality of suspensions. Regulations governing the rights of employees suspended for. less than 30 days are found at 5 C.F.R. 752.301 et seq. If you believe that your suspension:was improper under applicable regulations, you should contact the Commission. Sincerely yours, Robert L. Higgins Assistant General Counsel 1.- cc: Mr. N. Bruce Nestlehutt Deputy Regional Administrator Department olf Housing and Urban.Development 1371 Peachtree Street Atlanta, Georgia 30309 L.

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