
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC5546]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                     CHAPTER 55--PAY ADMINISTRATION
 
                        SUBCHAPTER V--PREMIUM PAY
 
Sec. 5546. Pay for Sunday and holiday work

    (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.

(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.)

                      Historical and Revision Notes
                                1966 Act
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     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.
------------------------------------------------------------------------

    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
------------------------------------------------------------------------
                                                    Source (Statutes at
 Section of title 5       Source (U.S. Code)               Large)
------------------------------------------------------------------------
5546(a)............  5 App.: 921a.                 July 18, 1966, Pub.
                                                    L. 89-504, Sec.
                                                    405(b)(1), (c), 80
                                                    Stat. 297.
------------------------------------------------------------------------

    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.

                          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, and replaced by Council of 
District of Columbia, as provided by section 401 of Pub. L. 93-198.


                        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.

                  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.
