Section F - Night, Holiday, and Sunday Premium Pay for General Schedule Employees
Depending on the tour of duty, most General Schedule (GS), General Merit (GM), and Administratively Determined (AD) employees, regardless of their Fair Labor Standards Act (FLSA) status, are entitled to night differential, holiday pay, and Sunday differential.
Prevailing rate employees (wage grade) should see Section L for additional guidance.
|Are Employees (including mixed tour employees) Entitled to Night, Holiday, or Sunday Premium Pay?||Your entitlement to premium pay for night, holiday, and Sunday work is based on your work status during the pay period. The following table outlines your entitlements:
|Can I Receive Night, Holiday, or Sunday Premium Pay if I am on a Special Tour of Duty for Educational Purposes?||If you are an employee, regardless of FLSA status, who is permitted to be on a special tour of duty for educational purposes, you may not receive premium pay (including pay for night, Sunday, or holiday work) solely because the special tour results in work on a day or at a time for which premium pay is otherwise authorized.|
|Is There a Premium Pay Limitation for FLSA-Exempt Employees?||
Yes, there is a limitation on premium pay for FLSA-exempt employees. Employees' premium pay may not exceed the rate of pay of GS-15, step 10. This includes pay for overtime, compensatory time, and premium pay for night, holiday, or Sunday work.
Note: There is no limitation on the amount of premium pay an FLSA-nonexempt employee may receive or an employee, regardless of FLSA status, earning premium pay for work under Title 7 U.S.C. 2260 (Import/Export work).
The value of the compensatory time is added to your base pay and other premium pay for the pay period in which you worked the overtime. This amount must not exceed the GS-15, step 10 rate of pay for the pay period. If this should occur, your timekeeper and supervisor must reduce your compensatory time that exceeds the GS-15, step 10 limit. It is permanently lost and you or your supervisor may not resubmit a claim for it to the National Finance Center in any subsequent pay period.
Title 5 Code of Federal Regulations (CFR) Part 550.105(a) establishes this biweekly maximum earnings limitation at the GS-15, step 10. However, Title 5 CFR Part 550.106 allows for waivers to the limitation in emergency situations. This authority allows the GS-15, step 10 earnings limitation to be applied on an annual rather than biweekly basis for work in connection with a declared emergency. The Secretary of Agriculture has the authority to waive the biweekly maximum earnings limitation for work in connection with such an emergency and allows an agency to instead use the annual limitation.
To obtain this waiver, a program must submit a request for a waiver in writing and include the following information:
Your request should be addressed to the Director, MRP Human Resources Division, through your agency's Administrator and/or your program's Deputy Administrator/Director.
|Who is Entitled to Night Differential?||Full-time (FT) and part-time (PT) employees are entitled to earn night differential pay for regularly scheduled work between the hours of 6 p.m. and 6 a.m. This includes regularly scheduled overtime and any other overtime that is habitual and recurring due to the nature of the industry. Intermittent employees are not entitled.|
|What is the Night Differential Rate of Pay?||
Night differential is paid at ten percent of the basic hourly rate.
Employees are entitled to night differential for time in official travel status if:
|Am I Eligible for Night Differential During Periods of Paid Absence?||You may be eligible for premium pay for night work during periods of paid absences as described in the following chart:
* If you have 8 or more hours of any combination of annual, sick, home, or shore leave during a pay period, no night differential is payable for any period of these types of leave during the pay period.
Example: You have a regularly scheduled tour of duty Monday through Friday of 2 p.m. to 10:30 p.m. with a 30-minute meal period between 6 and 6:30. You work the following schedule:
You should be paid as follows:
72 hours - Regular work (TC 01)
Night differential is not paid for any periods of annual and sick leave, regardless of when the leave was used because 8 hours of leave was taken during the pay period.
|Am I Entitled to Night Differential if my Tour of Duty is a First-8 or First-40-Hour Tour of Duty?||As a first-8 or first-40 hour employee, you are entitled to night differential for all hours of non-overtime and regular overtime work between 6 p.m. and 6 a.m.|
|Am I Entitled to Night Differential if I am Temporarily Assigned to a Different Daily Tour?||If you are temporarily assigned during the administrative workweek to a daily tour of duty that includes night work, you can have the night hours counted as hours of work for computing night differential (ND). (This schedule change does not have to occur before the beginning of the administrative workweek.) However, if you are assigned to a period of irregular or occasional overtime in addition to your regularly scheduled administrative workweek, you cannot count the overtime night hours worked as hours of work for computing ND (see 5 CFR Part 550.122[d]).|
|Who is Entitled to Holiday Pay?||
As a supervisor, you must pay your full-time and part-time employees holiday pay for non-overtime work on legal holidays.
Intermittent employees are excluded. These employees are paid at the regular rate for work on a holiday. Intermittents receive no pay if they do not work on a holiday.
|What is the Rate of Pay for Holidays?||
Holiday pay is paid at twice the hourly rate of pay for up to 8 hours of work performed on a holiday during hours that correspond to a regularly scheduled daily tour of duty (5 CFR 550.103). Your employees must be paid for a minimum of 2 hours, even if they work less than that (5 CFR 550.131[c] and 5 USC 5546[c]).
Your employees will receive overtime pay or compensatory time for overtime work on a holiday. Compensatory time may not be granted for non-overtime work on a holiday.
Employees are entitled to holiday premium pay for non-overtime work on the following holidays:
Example: Your employee has a regularly scheduled standard tour of duty of Monday through Friday, from 8 a.m. to 4:30 p.m., with a 30-minute meal break. The employee works 8 hours a day Monday through Friday during Week 1, and 8 hours a day Monday through Thursday of Week 2. You order your employee to work on the second Friday of the pay period, a legal holiday, from 8 a.m. to 6:30 p.m. You compensate your employee as follows:
72 hours - Regular time (TC 01)
If, however, you ordered your employee to work hours on the holidays that are either before or after his/her regularly scheduled tour, then you would pay the employee overtime for those hours.
Use the same example as above, except that the hours ordered to work on the holiday are 4 a.m. to 6 a.m., and 5 p.m. to 8 p.m. In this scenario, the employee would be paid overtime for these hours (5 CFR 550.103).
|What are my First-40-Hour Employees' Holiday Pay Entitlements?||
Employees with a first-40-hour tour of duty are entitled to:
|How am I Paid for a Holiday if my Shift Spans Two Calendar Days?||
If your shift spans two calendar days, then one shift is identified as your holiday and you may be paid 8 hours of holiday pay for that shift.
It is not appropriate to pay you for less than 8 hours for a holiday shift during which you worked a total of 8 hours even though part of it was on the holiday and part of it was not (CG: B-202626, 6/15/82).
|Is Inauguration Day a Legal Holiday for Me?||
In every fourth year following the year of the Presidential election, January 20 is considered a legal holiday for premium pay purposes if you work in the Washington, D.C., area on that day, regardless of whether Washington is your official or temporary duty station (5 U.S.C. 6103[c]). You are not entitled to holiday premium pay for non-overtime work on Inauguration Day if you work outside of the Washington area, regardless of whether or not Washington is your official duty station. There is no “in lieu of” day for those on alternative work schedules.
The Washington, D.C. area is defined as:
|Am I Entitled to Holiday Premium Pay if I am on Military or Court Leave?||
If you are on military or court leave, you are entitled to holiday premium pay if:
|Am I Entitled to Holiday Premium Pay if the Location Where I Work has a “Local" Holiday?||
You are not entitled to holiday premium pay for work on local, State, territorial or foreign holidays. Although you may be granted excused absence (administrative leave) for local holidays, if you are required to work on one of these days, or another non-workday established by administrative order, you are paid at the straight-time rate for non-overtime work.
|What if I am Attending a Meeting on a Holiday?||By attending a meeting, on a holiday, on the agency's behalf, you are working. Therefore, regardless of your FLSA status, you are paid holiday pay. The number of hours of holiday pay will depend on the length of the meeting and your tour of duty (see HRDG, 4610, Tours of Duty, for additional information.)|
| What if I am in a Travel Status on a Federal Holiday?
| Who is Entitled to Sunday Pay?
||Full-time and part-time employees are entitled to Sunday pay for each non-overtime regularly scheduled daily tour of duty that begins or ends on Sunday. (See: Fathauer v. United States, 566 F.3d 1352 [Fed. Cir. May 26, 2009].)
|What is the Sunday Premium Pay Rate?||The Sunday premium pay rate is 25% of the basic hourly rate.|
| When am I not Eligible for Sunday Premium Pay?
You are not eligible for Sunday premium pay during periods of paid absences (Register Volume 72, Number 50, dated March 15, 2007):
Sunday pay is not paid if your absence is due to:
Absence without leave (TC 72)