Public Law 119-73 (01/23/2026)

5 U.S.C. § 5546

Pay for Sunday and holiday work

(a)
section 5542(a) of this title An employee who performs work during a regularly scheduled 8-hour period of service which is not overtime work as defined by 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)
section 5542(a) of this title overtime work as defined by .
(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)
section 5542(a) of this titlesection 5542(a) of this title An employee who performs overtime work as defined by on a Sunday or a designated holiday is entitled to pay for that overtime work in accordance with .
(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. 89–55480 Stat. 488Pub. L. 90–83, § 1(29)81 Stat. 201Pub. L. 90–623, § 1(13)82 Stat. 1312Pub. L. 105–277, div. G112 Stat. 2681–829(, , ; , , ; , , ; , subdiv. B, title XXIII, § 2317(2), , .)

Historical and Revision Notes

1966 Act

Derivation

U.S. Code

Revised Statutes and

Statutes at Large

 

5 U.S.C. 922.

June 30, 1945, ch. 212, § 302, 59 Stat. 298.

 

May 24, 1946, ch. 270, § 11, 60 Stat. 218.

 

Sept. 1, 1954, ch. 1208, § 207, 68 Stat. 1110.

 

July 18, 1958, Pub. L. 85–533, § 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

Section of title 5

Source (U.S. Code)

Source (Statutes at Large)

5546(a)

5 App.: 921a.

July 18, 1966, Pub. L. 89–504, § 405(b)(1), (c), 80 Stat. 297.

section 5542(a) of this titleIn 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 “” 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”.

Editorial Notes

Amendments

Pub. L. 105–2771998—Subsec. (a). 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.”

Pub. L. 90–623, § 1(13)(A)1968—Subsec. (b). , substituted “District of Columbia Council” for “Board of Commissioners of the District of Columbia”.

Pub. L. 90–623, § 1(13)(B)Subsec. (d). , substituted “5542(a)” for “5442(a)”.

Statutory Notes and Related Subsidiaries

Effective Date of 1968 Amendment

Pub. L. 90–623section 1(13)(B) of Pub. L. 90–623section 6 of Pub. L. 90–623section 5334 of this titleAmendment by intended to restate without substantive change the law in effect on , but amendment of subsec. (d) of this section by effective as of , for all purposes, see , set out as a note under .

Transfer of Functions

Pub. L. 93–198, title VII, § 71187 Stat. 818section 401 of Pub. L. 93–198District of Columbia Council, as established by Reorg. Plan No. 3 of 1967, abolished as of noon , by , , , and replaced by Council of District of Columbia, as provided by .

Condition of Performance

Pub. L. 105–277, div. A, § 101(h) [title VI, § 624]112 Stat. 2681–480

“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.”
, , , 2681–518, provided that:

Similar provisions were contained in the following prior appropriations act:

Pub. L. 105–61, title VI, § 636111 Stat. 1316, , .