By Emmanuel T. Erediano
emmanuel@mvariety.com
Variety News Staff
THE Senate legal counsel over the weekend sent Senate President Karl King-Nabors a memorandum questioning a directive issued last week by Gov. David M. Apatang that implements austerity measures, including unpaid holidays for government employees.
Legal counsel Jose Bermudes told the Senate president that he reviewed the regulations governing paid holidays for government employees to determine whether the governor has the legal authority to issue Directive 2026-8. He cited NMIAC Section 10-20-2.346, which allows all government employees to receive leave with pay on each legal holiday.
In his directive on Oct. 1, 2025, the governor ordered that in fiscal year 2026 the following would be unpaid holidays:
– Commonwealth Cultural Day on Monday, Oct. 13, 2025.
– Citizenship Day on Tuesday, Nov. 4, 2025.
– Constitution Day on Monday, Dec. 8, 2025.
– Martin Luther King Day on Tuesday, Jan. 20, 2026.
– President’s Day on Monday, Feb. 16, 2026.
– Covenant Day on Tuesday, March 24, 2026.
– Good Friday on Friday, April 3, 2026.
– Juneteenth Day on Friday, June 19, 2026.
– Independence Day on Friday, July 3, 2026.
Bermudes stressed that employees who are required to work on a holiday must receive both pay for hours worked and holiday leave with pay. He noted that these provisions apply even to non-standard work weeks, meaning employees are still entitled to holiday pay.
He added that the governor’s approach resembles an austerity furlough, which forces unpaid time off to save money. Courts in the CNMI and elsewhere have recognized furloughs as lawful if authorized by law. However, without an enabling law, simply declaring unpaid holidays contradicts existing employee entitlements.
Bermudes said the governor does not have the authority to override the regulations governing paid holidays. Therefore, the directive is likely illegal because it conflicts with regulations that guarantee holiday pay for government employees.
He added that employees denied holiday pay could file a complaint, as such a denial would provide grounds for a labor complaint under the regulatory entitlement to holiday pay.
Variety was unable to get a comment from the governor’s office.
