§ 5–405. Workweek established; hours of duty; days off duty; holidays.

(a) Beginning with the 1st day of the 1st pay period which begins not less than 120 days after enactment of this amendatory subsection or which begins on or after July 1, 1962, whichever is later, the Mayor of the District of Columbia is authorized and directed to establish a workweek for officers and members of the Firefighting Division of the Fire Department of the District of Columbia which will result in an average workweek of not to exceed 48 hours during an administratively established workweek cycle which the Mayor is hereby authorized to establish from time to time.

(b) The Firefighting Division shall operate under a 2-shift system and all hours of duty of any shift shall be consecutive.

(c) The Mayor of the District of Columbia is further authorized and directed to establish a workweek for officers and members of the Fire Department, other than those in the Firefighting Division, of 40 hours, and the hours of work in such workweek shall be performed on consecutive days in such workweek: Provided, that notwithstanding the provisions of this subsection, the Mayor of the District of Columbia or his designated agent or agents may, whenever the exigencies of the Fire Department require temporary or short-term services of 1 or more officers or members, order such officer, officers, member, or members to perform such services.

(d) The days off duty to which each officer or member of the Fire Department is entitled shall be in addition to his annual leave and sick leave allowed by law. In the case of any shift of the Fire Department beginning on 1 day and extending without a break in continuity into the next day, or in the case of 2 shifts beginning on the same day, the Mayor is authorized to designate the shift which shall be the workday, and the entire shift so designated shall be considered the workday for all pay and leave purposes.

(e) If a holiday shall fall on any day off of any officer or member of the Fire Department, he shall be excused from duty on such other day as is designated by the Mayor of the District of Columbia, and if he is required to be on duty in lieu of such day off, he shall receive compensation for such duty at the rate provided by law for duty performed on a holiday. When any shift of the Fire Department begins on the day before a holiday and extends without a break in continuity into the holiday, or begins on a holiday and extends without a break in continuity into the next day, the Mayor of the District of Columbia is authorized to designate either of such shifts as the holiday workday, and the entire shift so designated shall be considered as the holiday workday for all pay and leave purposes. As used in this subsection, the word “holiday” shall have the same meaning as such word has in § 5-521.02, and as supplemented by § 6103 of Title 5, United States Code.

(f)(1) Except as provided in paragraph (2) of this subsection and in subsection (h) of this section, for Fiscal Years 2011, 2012, 2013, and 2014, no member of the Fire and Emergency Medical Services Department, except for officers, shall work more than 204 hours in 2 consecutive pay periods.

(2) For Fiscal Year 2015, no member of the Fire and Emergency Medical Services Department, except for officers, shall work more than 228 hours in 2 consecutive pay periods.

(g) For fiscal years 2011, 2012, 2013, 2014, and 2015, and except as provided in subsection (h) of this section, no officer or member shall be permitted to earn overtime compensation for overtime work performed in a pay period after that officer or member has received sick leave in the same pay period.

(h) The restrictions in subsections (f) and (g) of this section shall not apply during pay periods 1 and 2 of calendar year 2013.

(June 19, 1948, 62 Stat. 498, ch. 530, § 2; Aug. 4, 1955, 69 Stat. 491, ch. 549, § 2; Oct. 5, 1961, 75 Stat. 830, Pub. L. 87-399, §§ 1, 2; Sept. 25, 1962, 76 Stat. 596, Pub. L. 87-697, §§ 1, 2; Oct. 21, 1965, 79 Stat. 1015, Pub. L. 89-282, § 2; Sept. 24, 2010, D.C. Law 18-223, § 3023, 57 DCR 6242; Sept. 14, 2011, D.C. Law 19-21, § 3013, 58 DCR 6226; Sept. 20, 2012, D.C. Law 19-168, § 3023, 59 DCR 8025; Dec. 24, 2013, D.C. Law 20-61, § 3053, 60 DCR 12472; Feb. 26, 2015, D.C. Law 20-155, § 3053, 61 DCR 9990.)

Prior Codifications

1981 Ed., § 4-305.

1973 Ed., § 4-404a.

Section References

This section is referenced in § 1-632.03.

Effect of Amendments

D.C. Law 18-223 added subsecs. (f) and (g).

D.C. Law 19-21, in subsecs. (f) and (g), substituted “fiscal years 2011 and 2012” for “fiscal year 2011”.

The 2012 amendment by D.C. Law 19-168 substituted “fiscal years 2011, 2012, and 2013, and except as provided in subsection (h) of this section” for “fiscal years 2011 and 2012” in (f) and (g); and added (h).

The 2013 amendment by D.C. Law 20-61 substituted “2011, 2012, 2013, and 2014” for “2011, 2012, and 2013” in (f) and (g).

The 2015 amendment by D.C. Law 20-155 rewrote (f); and substituted “2011, 2012, 2013, 2014, and 2015” for “2011, 2012, 2013, and 2014” in (g).

Cross References

Merit system, application to police officers and firefighters, see § 1-632.03.

Emergency Legislation

For temporary (90 day) amendment of section, see § 3023 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary (90 days) amendment of this section, see § 2 of the Fire and Emergency Medical Services Inaugural Overtime Clarification Emergency Act of 2013 (D.C. Act 20-20, March 1, 2013, 60 DCR 3976, 20 DCSTAT 478).

For temporary (90 days) amendment of this section, see the first § 3063 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) addition of this section, see § 3053 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

For temporary (90 days) amendment of this section, see § 3053 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of this section, see § 3053 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see § 3053 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) amendment of this section, see § 2 of the Fire and Emergency Medical Services Department Presidential Inauguration Pay Rectification Emergency Amendment Act of 2015 (D.C. Act 21-163, Oct. 16, 2015, 62 DCR 13732).

Short Title

Section 3051 of D.C. Law 20-61 provided that Subtitle F of Title III of the act may be cited as the “Fire and Emergency Medical Services Overtime Limitation Amendment Act of 2013”.

Editor's Notes

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.