---
kind: "section"
citation: "5 C.F.R. § 610.202"
title: "5"
number: "610.202"
heading: "Determining the holiday."
url: "https://uscodex.org/cfr/5/610.202"
---

# §610.202. Determining the holiday.


For purposes of pay and leave, the day to be treated as a holiday is determined as follows:

- (a) Except when employees are entitled to a different holiday under [5 U.S.C. 6103(b)(3)](/usc/5/6103.md?p=b-3), an employee's holiday is the day designated by [5 U.S.C. 6103(a)](/usc/5/6103.md?p=a) whenever part of the employee's basic workweek (as defined in [§ 610.102](/cfr/5/610.102.md)) or basic work requirement (as defined in [5 U.S.C. 6121(3)](/usc/5/6121.md?p=3)) is scheduled on that day.
- (b) When a holiday falls on a nonworkday outside an employee's basic workweek, the day to be treated as his or her holiday is determined in accordance with sections [6103 (b)](/usc/5/6103.md?p=b) and [(d)](/usc/5/6103.md?p=d) of title 5, United States Code, and Executive Order 11582.
- (c) When an agency determines the holiday in accordance with [section 6103(d)](/usc/5/6103.md?p=d) of title 5, United States Code, for an employee under a compressed work schedule, the agency shall select a workday for the holiday that is in the same biweekly pay period as the date of the actual holiday designated under [5 U.S.C. 6103(a)](/usc/5/6103.md?p=a) or in the biweekly pay period immediately preceding or following that pay period.
- (d) The provisions of [section 6103(b)(3)](/usc/5/6103.md?p=b-3) of title 5, United States Code, on determining holidays for certain employees at duty posts outside the United States apply to covered employees who are working outside the United States at a permanent or temporary station or under travel orders. For the purpose of [section 6103(b)(3)](/cfr/5/6103.md?p=b-3), United States includes—
  - (1) A State of the United States;
  - (2) The District of Columbia;
  - (3) Puerto Rico;
  - (4) The U.S. Virgin Islands;
  - (5) **Outer Continental Shelf Lands, as defined in the Outer Continental Shelf Lands Act (67 Stat.** 462);
  - (6) American Samoa;
  - (7) Guam;
  - (8) Midway Atoll;
  - (9) Wake Island;
  - (10) Johnston Island; and
  - (11) **Palmyra.**

## Notes

### Amendments

[42 FR 3297, Jan. 18, 1977, as amended at 60 FR 67287, Dec. 29, 1995; 62 FR 28308, May 23, 1997; 64 FR 72458, Dec. 28, 1999; 65 FR 48136, Aug. 7, 2000]

### Authority

Authority: 5 U.S.C. 6101; sec. 1(1) of E.O. 11228, 3 CFR, 1964-1965 Comp., p. 317.

### Source

Source: 33 FR 12474, Sept. 4, 1968, unless otherwise noted.

### Amendments

[42 FR 3297, Jan. 18, 1977, as amended at 60 FR 67287, Dec. 29, 1995; 62 FR 28308, May 23, 1997; 64 FR 72458, Dec. 28, 1999; 65 FR 48136, Aug. 7, 2000]