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-CITE-
5 USC Sec. 5546 01/23/00-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER V - PREMIUM PAY-HEAD-
Sec. 5546. Pay for Sunday and holiday work-STATUTE-
(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.-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 488; Pub. L. 90-83, Sec.
1(29), Sept. 11, 1967, 81 Stat. 201; Pub. L. 90-623, Sec. 1(13),
Oct. 22, 1968, 82 Stat. 1312; Pub. L. 105-277, div. G, subdiv. B,
title XXIII, Sec. 2317(2), Oct. 21, 1998, 112 Stat. 2681-829.)-MISC1-
Historical and Revision Notes
1966 Act
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Derivation U.S. Code Revised Statutes and
Statutes at Large
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5 U.S.C. 922. June 30, 1945, ch.
212, Sec. 302, 59
Stat. 298.
May 24, 1946, ch.
270, Sec. 11, 60
Stat. 218.
Sept. 1, 1954, ch.
1208, Sec. 207, 68
Stat. 1110.
July 18, 1958, Pub.
L. 85-533, Sec. 1,
72 Stat. 377.
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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.1967 Act
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Section of title 5 Source (U.S. Code) Source (Statutes at
Large)
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5546(a) 5 App.: 921a. July 18, 1966, Pub.
L. 89-504, Sec.
405(b)(1), (c), 80
Stat. 297.
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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''.
AMENDMENTS
1998 - Subsec. (a). Pub. L. 105-277 inserted 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, Sec. 1(13)(A), substituted
''District of Columbia Council'' for ''Board of Commissioners of
the District of Columbia''.
Subsec. (d). Pub. L. 90-623, Sec. 1(13)(B), substituted
''5542(a)'' for ''5442(a)''.
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, but
amendment of subsec. (d) of this section by section 1(13)(B) of
Pub. L. 90-623 effective as of Sept. 6, 1966, for all purposes, see
section 6 of Pub. L. 90-623, set out as a note under section 5334
of this title.-TRANS-
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, Sec. 711, Dec. 24, 1973, 87 Stat. 818, classified to
section 1-211 of the District of Columbia Code, and replaced by
Council of District of Columbia, as provided by Pub. L. 93-198,
title IV, Sec. 401, Dec. 24, 1973, 87 Stat. 785, classified to
section 1-221 of the District of Columbia Code.-MISC5-
CONDITION OF PERFORMANCE
Pub. L. 105-277, div. A, Sec. 101(h) (title VI, Sec. 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:
Pub. L. 105-61, title VI, Sec. 636, Oct. 10, 1997, 111 Stat.
1316.-CROSS-
CROSS REFERENCES
Legal public holidays, see section 6103 of this title.-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 5541, 5547, 6128 of this
title; title 2 section 1371; title 14 section 432; title 15 section
278e.