Inauguration Day 2021– Compensation and Time Off Considerations

I-2020-25


Effective Date: Expiration Date: Chapters:
Nov. 16, 2020 Feb. 26, 2021 11   12  

Overview

Every four years following a Presidential election, an inauguration is held to officially swear in the President and Vice-President of the United States. As Wednesday, January 20, 2021, marks the next Inauguration Day, we are providing agencies with this guidance highlighting pertinent compensation and time off issues specific to this holiday (6-B DCMR § 1220).


Compensation and Holiday Premium Pay

Wednesday, January 20, 2021, (Inauguration Day) is a legal public holiday for employees scheduled to work on that day. With respect to compensation on this date, employees who are excused from duty that day are entitled to holiday pay. An employee who is required to work their regularly scheduled tour of duty on Inauguration Day is entitled to pay at their rate of basic pay for the scheduled non-overtime tour of duty plus a holiday worked premium for each hour worked during the scheduled daily tour of duty. The holiday worked premium is only available for the originally scheduled tour of duty and only for non-overtime hours. An employee who is required to perform holiday work shall be entitled to a minimum of two hours of holiday premium pay (6-B DCMR § 1132). (More guidance on holiday premium pay is contained in DPM Instruction 11B-73, Premium Pay- Holiday Premium Pay.)


Overtime

Overtime is separate and distinct from premium pay. Overtime is compensation for work performed for more than 40 hours in a workweek or 80 hours in a pay period for a non-exempt employee eligible for overtime in accordance with the federal Fair Labor Standards Act (FLSA) or at the discretion of the agency head for employees who are exempt from the federal overtime requirements, as prescribed in the District Personnel Manual (DPM).

In the event an employee is required to work on Inauguration Day and the time worked constitutes overtime, an FLSA non-exempt employee is entitled to overtime pay or compensatory time. Exempt employees, who are not covered by the FLSA, may also be required to work beyond their scheduled tour of duty. An exempt employee required to work on Inauguration Day in excess of their tour may be entitled to exempt time-off or overtime pay at the discretion of the agency head. (More comprehensive guidance on overtime and exempt time-off is contained in DPM Instruction No. 2020-2, Overtime.)


No “In Lieu of” Day

Unlike other legal public holidays, there is no “in lieu of” holiday when Inauguration Day falls on an employee’s scheduled day off, including employees with compressed schedules. An employee on a compressed work schedule whose day off falls on Inauguration Day is not entitled to an “in lieu of” holiday.


Collective Bargaining Agreements

In the event of a conflict between any of the provisions of this issuance and any collective bargaining agreement (CBA), the provisions of the CBA will control to the extent that there is a difference.


Applicability

This issuance applies to those District government agencies subordinate to the Mayor’s personnel authority. Other personnel authorities or independent agencies may adopt any of these procedures to provide guidance to employees under their respective jurisdictions. The provisions in this issuance exclude the following employees:

  1. Uniformed members of the Metropolitan Police Department; and
  2. Uniformed members of the Fire and Emergency Medical Services Department.

Additional Information

While this information is meant to provide an overview, in addition to the above referenced chapters and issuances, more information may be viewed in our Legal Public Holidays 2021 issuance.


References

  1. D.C. Official Code §1-6103, Compensation policy; compensatory time off; overtime pay.
  2. D.C. Official Code § 1-6102, Legal public holidays.
  3. 6-B DCMR § 1132, Premium Pay – Holiday Premium Pay.
  4. 6-B DCMR §§ 1138-1139, Overtime and Exempt time-off provisions.
  5. 6-B DCMR §§ 1220-1223, Legal Public Holidays provisions.
  6. 6-B DCMR §§ 1245 – 1248, FLSA Compensatory time and Exempt time-off provisions.

Issued by Director Ventris C. Gibson, D.C. Department of Human Resources on Nov. 16, 2020, 4:33 p.m.