Fact Sheet: Sunday Premium Pay
Description
An employee is entitled to 25 percent of his or her rate of basic pay for work performed during a regularly scheduled basic 8-hour tour of duty that begins or ends on a Sunday.
Employee Coverage
Anemployee, as defined in 5 U.S.C. 5541(2), is entitled to Sunday premium pay. This definition includes General Schedule employees and certain other white-collar civilian Federal employees. Prevailing rate (wage) employees are entitled to Sunday premium pay under 5 U.S.C. 5544(a).
Entitlement
An employee is entitled to Sunday premium pay equal to 25 percent of his or her rate of basic pay for each hour of Sunday work. For this purpose, Sunday work consists of nonovertime work during an employee's regularly scheduled basic tour of duty (not to exceed 8 hours) that begins or ends on a Sunday. Notwithstanding the normal 8-hour limit, for an employee on a compressed work schedule, all nonovertime hours in the employee's regularly scheduled daily tour of duty beginning or ending on a Sunday constitutes Sunday work. Sunday premium pay is equal to 25 percent of an employee's rate of basic pay.
Flexible Work Schedule
A employee under a flexible work schedule is entitled to Sunday premium pay for up to 8 hours of his or her basic work requirement based on electing to work flexible hours during a basic tour of duty that begins or ends on Sunday. However, an agency may preclude employees from working flexible hours during a basic tour of duty that begins or ends on Sunday. See Comptroller General opinion B-245772, May 7, 1992, and 5 CFR 610.111(d). Employees may not earn Sunday premium pay when they earn or use credit hours.
Compressed Work Schedule
An employee under a compressed work schedule is entitled to Sunday Work Schedule) premium pay for all non-overtime hours the employee works during each regularly scheduled basic tour of duty that begins or ends on Sunday. (See 5 U.S.C. 6128(c).)
Two Tours Of Duty on Sunday
When an employee has two separate basic tours of duty on Sunday, he or she is entitled to Sunday premium pay for performing work during each tour of duty. For example, if an employee works 8 hours during a basic tour of duty that begins on Saturday and ends on Sunday, and also works 8 hours during a basic tour of duty that begins on the same Sunday and ends on Monday, the employee is entitled to 16 hours of Sunday premium pay.
Relationship to Overtime Pay
An employee under a standard work schedule is entitled to overtime pay for hours of work on Sunday that are in excess of 8 hours in a day or 40 hours in a week. Sunday premium pay is not paid for overtime hours of work.
Flexible Work Schedule
An employee whose flexible work schedule includes work on Sunday is entitled to overtime pay for hours of work in excess of 8 hours in a day or 40 hours in a week and which are officially ordered in advance. This does not include any flexible hours of work applicable to the employees basic work requirement. (See the definition of overtime hours in 5 U.S.C. 6121(6).)
Compressed Work Schedule
An employee whose compressed work schedule includes work on Sunday is entitled to overtime pay for hours of work in excess of the employees compressed work schedule on that day. (See the definition of overtime hours in 5 U.S.C. 6121(7).)
Relationship to GS Night Pay
When an employee has a regularly scheduled basic tour of duty that begins or ends on Sunday and includes night work (between 6 p.m. and 6 a.m. for GS employees), the employee is entitled to night pay in addition to Sunday premium pay for work during night hours of the Sunday tour of duty. This applies to standard, flexible, and compressed work schedules. (See exception below.)
Flexible Work Schedule
If a flexible tour of duty includes 8 or more hours available for work during daytime hours (i.e., between 6 a.m. and 6 p.m.), an employee is not entitled to night pay even though he or she voluntarily elects to work flexible hours at night.
Back to Top
Relationship to Holiday Premium Pay
When an employee has a regularly scheduled basic tour of duty that begins on Sunday and Sunday is a holiday, the employee is entitled to holiday premium pay and Sunday premium pay for up to 8 hours of work during that basic tour of duty. This applies to standard and flexible work schedules. (Please see the Federal Holidays - Work Schedules and Pay fact sheet for more information on an employee's holiday tour of duty.)
Compressed Work Schedule
A Sunday or holiday tour of duty is not limited to 8 hours for an employee under a compressed work schedule. (See 5 U.S.C. 6128(c) and 5 CFR 610.407.)
No Compounding of Premium Pay
Each separate entitlement to premium pay is computed separately as a of Premium Pay percentage of an employees rate of basic pay. No compounding occurs if an employee is entitled to more than one type of premium pay for the same hour of work.
Paid Leave, Excused Absence, and Holidays on Sunday
Employees who are regularly scheduled to work nonovertime hours on Sunday, but do not work during their Sunday tour of duty because they are on paid leave or excused absence, because they are using compensatory time off or credit hours, or because Sunday is a holiday, are not entitled to Sunday premium pay. Sunday premium pay may be paid only for periods when an employee performs work on Sunday.
Payment for Actual Work
Sunday premium pay is paid for any actual work performed during an employees Sunday tour of duty. For example, if an employees Sunday tour of duty is from 8 p.m. on Sunday until 4 a.m. on Monday and the employee is granted annual leave from 8 p.m. until 11 p.m., the employee is entitled to Sunday premium pay for 5 hours for working between 11 p.m. and 4 a.m. (See the definitions of Sunday work and tour of duty in 5 CFR 550.103.)
Superseded Regulation
The regulation at 5 CFR 550.171(a) has been superseded by the appropriations restrictions limiting payment of Sunday premium pay to hours when employees actually perform work. Employees may not be paid Sunday premium pay for hours when they are in a leave, excused absence, or holiday status.
First-40 Tours of Duty
Since work under a first-40 tour of duty is regularly scheduled work, an employee under a first-40 tour of duty is entitled to up to 8 hours of Sunday premium pay when the employee performs nonovertime work on Sunday. (See 5 CFR 610.111(b).)
References
- 5 U.S.C. 5544(a), 5546(a), and 6128(c)
- 5 CFR 550.103 (Definitions of rate of basic pay, Sunday work, and, tour of duty)
- 5 CFR 550.171-172
- Section 624 of the Treasury and General Government Appropriations Act, 1999
- Comptroller General Opinion: 63 Comp. Gen. 316 (1984)
Back to Top
