Federal Holiday Pay Rules Under 5 USC 6103: Full Guide

Federal holidays under 5 U.S.C. § 6103 establish the official paid days off for federal employees and set the standard for holiday observance across government agencies. These rules ensure consistent pay, leave policies, and operational closures while influencing private-sector practices nationwide.

This guide covers the statutory framework, eligibility requirements, compliance steps, and common pitfalls for employers and employees navigating federal holiday pay rules.

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Governing Law: 5 U.S.C. § 6103

5 U.S.C. § 6103 designates 11 permanent federal holidays and authorizes the President to proclaim additional holidays (e.g., Inauguration Day). The law mandates:

• Paid time off for federal employees on listed holidays.
• Holiday observance rules when a holiday falls on a weekend.
• Authority for the Office of Personnel Management (OPM) to issue implementing regulations.

Key Agencies & Regulations

Federal Holidays Under 5 U.S.C. § 6103

The law lists the following 11 permanent federal holidays:

1. New Year’s Day (January 1)
2. Birthday of Martin Luther King, Jr. (3rd Monday in January)
3. Washington’s Birthday (Presidents’ Day) (3rd Monday in February)
4. Memorial Day (Last Monday in May)
5. Juneteenth National Independence Day (June 19)
6. Independence Day (July 4)
7. Labor Day (1st Monday in September)
8. Columbus Day (2nd Monday in October)
9. Veterans Day (November 11)
10. Thanksgiving Day (4th Thursday in November)
11. Christmas Day (December 25)

Note: Inauguration Day (every 4 years) is a proclaimed holiday for federal employees in the Washington, D.C., area.

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A. Holiday Observance Rules

Federal holidays follow these observance rules when falling on a weekend:

• Saturday holiday: Observed on the preceding Friday.
• Sunday holiday: Observed on the following Monday.

Example:

• If Veterans Day (November 11) falls on a Saturday, it is observed on Friday, November 10.
• If Christmas Day (December 25) falls on a Sunday, it is observed on Monday, December 26.

B. Eligibility for Federal Holiday Pay

Federal employees receive paid time off on holidays if they meet these criteria:

1. Full-time employees: Automatically eligible.
2. Part-time employees: Eligible if the holiday falls on a scheduled workday.
3. Temporary or intermittent employees: Not eligible unless specified in their appointment terms.
4. Employees on leave without pay (LWOP): Not eligible unless they return to pay status before the holiday.

Exception: Employees required to work on a holiday (e.g., law enforcement, healthcare) receive holiday premium pay (time-and-a-half) under 5 U.S.C. § 5546.

C. Private-Sector Holiday Pay Rules

The FLSA does not require private employers to provide paid holidays, but many follow federal standards. Key considerations:

• Exempt employees (salaried): Must receive full salary if the business closes for a holiday.
• Non-exempt employees (hourly): Paid only for hours worked; no legal requirement for holiday pay.
• State laws: Some states (e.g., Massachusetts, Rhode Island) mandate premium pay for certain holidays.

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A. Compliance Mistakes

1. Misclassifying employees: Treating exempt employees as non-exempt to avoid holiday pay.
2. Incorrect observance dates: Failing to adjust for weekend holidays (e.g., observing July 4 on July 3 when it falls on a Saturday).
3. Denying holiday pay to eligible part-time workers: Part-time employees must receive pay if the holiday falls on their scheduled workday.
4. Ignoring state laws: Some states (e.g., California) require premium pay for holidays worked.

B. Exceptions & Special Cases

C. Penalties for Non-Compliance

• Federal employers: Violations may result in back pay claims, disciplinary action, or OPM audits.
• Private employers: FLSA violations can lead to DOL investigations, back wages, liquidated damages, and civil penalties (up to $1,000 per violation under 29 U.S.C. § 216).

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### Do federal employees get paid for holidays if they are on leave?

Yes, federal employees receive holiday pay if they are on paid leave (e.g., annual, sick, or military leave) during the holiday. Employees on leave without pay (LWOP) do not receive holiday pay unless they return to pay status before the holiday.

### What happens if a federal holiday falls on a Saturday or Sunday?

If a holiday falls on a Saturday, it is observed on the preceding Friday. If it falls on a Sunday, it is observed on the following Monday. Federal employees receive paid time off on the observed date.

### Are private employers required to give holiday pay?

No, the FLSA does not mandate holiday pay for private employers. However, many companies offer paid holidays as a benefit. Some states (e.g., Massachusetts, Rhode Island) require premium pay for certain holidays.

### Do federal employees get extra pay for working on a holiday?

Yes, federal employees required to work on a holiday receive holiday premium pay (time-and-a-half) under 5 U.S.C. § 5546. This is in addition to their regular pay.

### Can federal employees take a "floating holiday"?

Some agencies allow floating holidays (e.g., for religious observances), but this is not required by 5 U.S.C. § 6103. Agencies may offer floating holidays as an employee benefit, not a statutory right.

### How does holiday pay work for part-time federal employees?

Part-time federal employees receive holiday pay only if the holiday falls on their scheduled workday. For example, if a part-time employee works Monday, Wednesday, and Friday, they receive holiday pay for Memorial Day (last Monday in May) but not for Independence Day (July 4) if it falls on a Tuesday.

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For Federal Employers & HR Teams

• ✅Verify holiday observance dates using the OPM Federal Holiday Schedule (OPM.gov).
• ✅Update payroll systems to reflect weekend holiday adjustments.
• ✅Communicate holiday policies to employees, including eligibility for part-time and telework staff.
• ✅Review alternative work schedules (AWS) to ensure holiday pay compliance.
• ✅Consult OPM guidance for special cases (e.g., furloughs, LWOP).

For Private Employers

• ✅Review state laws (e.g., Massachusetts Blue Laws) for holiday pay requirements.
• ✅Clarify holiday pay policies in employee handbooks.
• ✅Train managers on FLSA compliance for exempt vs. non-exempt employees.
• ✅Consider offering floating holidays to accommodate religious or cultural observances.

For Federal Employees

• ✅Check your agency’s holiday policy for AWS or telework exceptions.
• ✅Confirm holiday pay eligibility if you are part-time or on LWOP.
• ✅Request floating holidays if needed for religious observances (if agency policy allows).

Official Resources & Contacts

• OPM Federal Holidays: https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/
• DOL FLSA Guidance: https://www.dol.gov/agencies/whd/flsa
• OPM Contact: (202) 606-1800
• DOL Wage & Hour Division: 1-866-487-9243

Disclaimer: This article is for informational and educational purposes only. It does not constitute formal legal advice and does not establish an attorney-client relationship.