SEC.

Subpart E-Attendance and Leave

CHAPTER 61-HOURS OF WORK

6101. Basic 40-hour workweek; work schedules; regulations.

6104. Holidays; daily, hourly, and piece-work basis employees. 6105. Closing of Executive departments.

§ 6101. Basic 40-hour workweek; work schedules; regulations (a) (1) For the purpose of this subsection, "employee" includes an employee of the government of the District of Columbia and an employee whose pay is fixed and adjusted from time to time under section 5343 or 5349 of this title, or by a wage board or similar administrative authority serving the same purpose, but does not include an employee or individual excluded from the definition of employee in section 5541(2) of this title, except as specifically provided under this paragraph.

(2) The head of each Executive agency, military department, and of the government of the District of Columbia shall

(A) establish a basic administrative workweek of 40 hours for each full-time employee in his organization; and

(B) require that the hours of work within that workweek be performed within a period of not more than 6 of any 7 consecutive days.

(3) Except when the head of an Executive agency, a military department, or of the government of the District of Columbia determines that his organization would be seriously handicapped in carrying out its functions or that costs would be substantially increased, he shall provide, with respect to each employee in his organization, that— (A) assignments to tours of duty are scheduled in advance over periods of not less than 1 week;

(B) the basic 40-hour workweek is scheduled on 5 days, Monday through Friday when possible, and the 2 days outside the basic workweek are consecutive;

(C) the working hours in each day in the basic workweek are the same;

(D) the basic nonovertime workday may not exceed 8 hours; (E) the occurrence of holidays may not affect the designation of the basic workweek; and

(F) breaks in working hours of more than 1 hour may not be scheduled in a basic workday.

(4) Notwithstanding paragraph (3) of this subsection, the head of an Executive agency, a military department, or of the government of

the District of Columbia may establish special tours of duty, of not less than 40 hours, to enable employees to take courses in nearby colleges, universities, or other educational institutions that will equip them for more effective work in the agency. Premium pay may not be paid to an employee solely because his special tour of duty established under this paragraph results in his working on a day or at a time of day for which premium pay is otherwise authorized.

(5) The Architect of the Capitol may apply this subsection to employees under the Office of the Architect of the Capitol or the Botanic Garden. The Librarian of Congress may apply this subsection to employees under the Library of Congress.

(b) (1) For the purpose of this subsection, "agency" and "employee" have the meanings given them by section 5541 of this title.

(2) To the maximum extent practicable, the head of an agency shall schedule the time to be spent by an employee in a travel status away from his official duty station within the regularly scheduled workweek of the employee.

(c) The Office of Personnel Management may prescribe regulations, subject to the approval of the President, necessary for the administration of this section insofar as this section affects employees in or under an Executive agency. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 514, amended Pub. L. 90-83, § 1(43), Sept. 11, 1967, 81 Stat. 207; Pub. L. 92-392, § 6, Aug. 19, 1972, 86 Stat. 573; Pub. L. 94-183, § 2(25), Dec. 31, 1975, 89 Stat. 1058; Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1224.) § 6102. Repealed. Pub. L. 92-392, § 7, Aug. 19, 1972, 86 Stat. 573 §6103. Holidays

(a) The following are legal public holidays:

New Year's Day, January 1.

Washington's Birthday, the third Monday in February.

Memorial Day, the last Monday in May.

Independence Day, July 4.

Labor Day, the first Monday in September.

Columbus Day, the second Monday in October.

Veterans Day, November 11.

Thanksgiving Day, the fourth Thursday in November.

Christmas Day, December 25.

(b) For the purpose of statutes relating to pay and leave of employees, with respect to a legal public holiday and any other day declared to be a holiday by Federal statute or Executive order, the following rules apply:

(1) Instead of a holiday that occurs on a Saturday, the Friday immediately before is a legal public holiday for

(A) employees whose basic workweek is Monday through Friday; and

(B) the purpose of section 6309 of this title.

(2) Instead of a holiday that occurs on a regular weekly nonworkday of an employee whose basic workweek is other than Monday through Friday, except the regular weekly nonworkday administratively scheduled for the employee instead of Sunday, the workday immediately before that regular weekly nonworkday is a legal public holiday for the employee.

This subsection, except subparagraph (B) of paragraph (1), does not apply to an employee whose basic workweek is Monday through Saturday.

(c) January 20 of each fourth year after 1965, Inauguration Day, is a legal public holiday for the purpose of statutes relating to pay and leave of employees as defined by section 2105 of this title and individuals employed by the government of the District of Columbia employed in the District of Columbia, Montgomery and Prince Georges Counties in Maryland, Arlington and Fairfax Counties in Virginia, and the cities of Alexandria and Falls Church in Virginia. When January 20 of any fourth year after 1965 falls on Sunday, the next succeeding day selected for the public observance of the inauguration of the President is a legal public holiday for the purpose of this subsection. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 515, amended Pub. L. 90-363, § 1(a), June 28, 1968, 82 Stat. 250; Pub. L. 94-97, Sept. 18, 1975, 89 Stat. 479.)

§ 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 piecework 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 Mayor;

(2) by administrative order under regulations issued by the President, or, for individuals employed by the government of the District of Columbia, by the Council of the District of Columbia;

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 Mayor;

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, amended Pub. L. 90-623, § 1(15), Oct. 22, 1968, 82 Stat. 1313; Pub. L. 96-54, Aug. 14, 1979, 93 Stat. 383.)

$6105. Closing of Executive departments

An Executive department may not be closed as a mark to the memory of a deceased former official of the United States. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 516.)

$6106. Time clocks; restrictions

A recording clock may not be used to record time of an employee of an Executive department in the District of Columbia. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 516.)

6305.

6306.

6307.

6308.

6309.

Annual leave; accumulation.

Home leave; leave for Chiefs of Missions; leave for crews of vessels.
Annual leave; refund of lump-sum payment; recredit of annual leave.
Sick leave; accrual and accumulation.

Transfers between positions under different leave systems.

[Repealed.]

6310. Leave of absence; aliens.

6311.

6312.

Regulations.

Accrual and accumulation for former ASCS county office employees.

SUBCHAPTER II-OTHER PAID LEAVE

6321.

6322.

Absence of veterans to attend funeral services.

Leave for jury or witness service; official duty status for certain witness service.

6323. Military leave; Reserves and National Guardsmen.

6324. Absence of certain police and firemen.

6325.

6326.

Absence resulting from hostile action abroad.

Absence in connection with funerals of immediate relatives in the Armed
Forces.

(327)

SUBCHAPTER I-ANNUAL AND SICK LEAVE

§ 6301. Definitions

For the purpose of this subchapter

(1) "United States", when used in a geographical sense, means the several States and the District of Columbia; and

(2) "employee" means—

(A) an employee as defined by section 2105 of this title; and (B) an individual employed by the government of the District of Columbia;

but does not include

(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 Panama Canal Commission 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;

(xii) a chief of mission (as defined in section 102(a)(3) of the Foreign Service Act of 1980); or

(xiii) an officer in the legislative or judicial branch who is appointed by the President.

Notwithstanding clauses (x)-(xii) of paragraph (2), the term "employee" includes any member of the Senior Foreign Service or any Foreign Service officer (other than a member or officer serving as chief