Office of the General Counsel

OPM Ref. # 1997-00147

Dear Mr. [xxx]:

This replies to your February 2, 1997 claim for overtime for the Sunday and holiday (July 4th) that occurred while you were on military leave. From the materials enclosed with your letter, it appears the agency correctly determined your pay.

Sunday and holiday premium pay, although commonly thought of as overtime, are not paid on the same basis as overtime earned for hours of work in excess of eight hours a day or 40 hours in a week. Compare, 5 U.S.C. 5542 and 5546. Premium pay is payable only for the first 8 hours an employee is scheduled to work on a Sunday or holiday. This premium is payable to employees who would have worked regular hours on the Sunday or holiday, but did not because they were on leave, including military leave. (Employees subject to the Treasury, Postal Service, and General Government Appropriations Act of 1997 may receive premium pay only for hours actually worked. Section 101(f), Pub. L. 104-208.) Thus, employees who are called-in on a Sunday or holiday, but do not regularly work on either day, are not eligible for premium pay.

For hours in excess of eight hours actually worked on a Sunday or holiday, employees are paid overtime as provided in 5 U.S.C. 5542. However, as just stated, this overtime is payable only for hours actually worked.

Your letter states that the overtime you allege you would have worked during the Sunday and holiday of your military training was in response to under staffing, rather than part of your regular schedule. Therefore, you would not have been entitled to Sunday or holiday premium pay, even if you had been called-in to work on either day.

Accordingly, your claim is denied.

Very truly yours,

Paul Britner

Senior Attorney