Office of the General Counsel

June 2, 1999
[xxx}

Dear [xxx]:

This concerns your claim for premium pay in the amount of $[xxx] for federal holidays that you reportedly worked from January 1980 through April of 1989 as a civilian employed with the [agency] and assigned to [xxx] of the [xxx]. You report that you were required to work all federal holidays during that period, except for New Year's Day and Christmas Day each year, President's Day 1983, and Independence Day 1988.

By letter of April 3, 1989, you advised the [xxx] Office that, although you were required to work on these federal holidays, you were not paid premium pay. You enclosed with that letter a newspaper article stating that federal laws required payment of holiday pay to civilian employees assigned to [xxx] for federal holidays worked. You asked that "[i]n view of the referenced statement regarding national law why am I not entitled to payment for all holidays worked?" By letter of April 19, 1989, the United States Mission to [xxx] advised that it was researching the issue of retroactive pay for past holiday hours that you reportedly worked. In addition to this correspondence, you enclosed with your letter to the Office of Personnel Management three pay stubs you received in April 1985, January 1987, and January 1988, as well as a list of the number of holidays reportedly worked each year from 1980 through 1988. You report that, although you did not make further written inquiries about this matter, you made several verbal inquiries until you retired from [agency] in 1991.

The burden of proof is on the claimant to establish the timeliness of the claim, the liability of the United States and the claimant's right to payment. 5 CFR 178.105. Assuming that your letter of April 3, 1989 to your employer even satisfied the requirements for consideration as a valid claim, the evidence you submitted is not sufficient to establish the liability of the United States for premium pay for the holidays you reportedly worked. Therefore, we are dismissing your claim until you submit evidence that you worked on federal holidays from 1980 to 1989 and that you were not paid premium pay for this work.

Sincerely,

Jo-Ann Chabot
Attorney