B-150253, SEPTEMBER 14, 1966, 46 COMP. GEN. 217

B-150253, SEPTEMBER 14, 1966, 46 COMP. GEN. 217

COMPENSATION - OVERTIME - ACTUAL WORK REQUIREMENT. EMPLOYEES OF THE UNITED STATES GOVERNMENT PRINTING OFFICE EXCUSED FROM DUTY ON OVERTIME SATURDAYS TO RECEIVE MEDICAL TREATMENT FOR INJURIES OCCURRING IN LINE OF DUTY, WHOSE COMPENSATION IS FIXED UNDER THE "KIESS ACT" (44 U.S.C. 40), ARE NOT ENTITLED TO THE OVERTIME COMPENSATION PRESCRIBED BY 5 U.S.C. 5544 FOR THE EXCUSED TIME, AS THE AUTHORITY FOR THE PAYMENT OF OVERTIME COMPENSATION FOR ALL HOURS OF EMPLOYMENT, OFFICIALLY ORDERED OR APPROVED IN EXCESS OF 8 HOURS A DAY OR 40 HOURS A WEEK, CONTEMPLATES THE ACTUAL PERFORMANCE OF DUTY DURING THE OVERTIME PERIOD.

TO THE PUBLIC PRINTER, UNITED STATES GOVERNMENT PRINTING OFFICE, SEPTEMBER 14, 1966:

WE REFER TO YOUR LETTER OF AUGUST 31, 1966, CONCERNING THE PAYMENT OF OVERTIME COMPENSATION TO EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE WHEN THEY ARE EXCUSED FROM DUTY ON OVERTIME SATURDAYS IN ORDER TO RECEIVE MEDICAL TREATMENT FOR INJURIES RECEIVED IN THE LINE OF DUTY.

THE EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE RECEIVE OVERTIME COMPENSATION IN ACCORDANCE WITH 5 U.S.C. 5544 (FORMERLY SECTION 23 OF THE ACT OF MARCH 28, 1934, AS AMENDED) (42 COMP. GEN. 309) IN PERTINENT PART AS FOLLOWS:

(A) AN EMPLOYEE WHOSE BASIC RATE OF PAY IS FIXED AND ADJUSTED FROM TIME TO TIME IN ACCORDANCE WITH PREVAILING RATES BY A WAGE BOARD OR SIMILAR ADMINISTRATIVE AUTHORITY SERVING THE SAME PURPOSE IS ENTITLED TO OVERTIME PAY FOR OVERTIME WORK IN EXCESS OF 8 HOURS A DAY OR 40 HOURS A WEEK. HOWEVER, AN EMPLOYEE SUBJECT TO THIS SUBSECTION WHO REGULARLY IS REQUIRED TO REMAIN AT OR WITHIN THE CONFINES OF HIS POST OF DUTY IN EXCESS OF 8 HOURS A DAY IN A STANDBY OR ON-CALL STATUS IS ENTITLED TO OVERTIME PAY ONLY FOR HOURS OF DUTY, EXCLUSIVE OF EATING AND SLEEPING TIME, IN EXCESS OF 40 A WEEK. * * *

IN THE DECISION 25 COMP. GEN. 344 WHICH YOU CITE WE SAID AT PAGE 347:

(2) SECTION 201 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, 59 STAT. 296, AUTHORIZES PAYMENT OF OVERTIME COMPENSATION "FOR ALL HOURS OF EMPLOYMENT, OFFICIALLY ORDERED OR APPROVED, IN EXCESS OF 40 HOURS IN ANY ADMINISTRATIVE WORKWEEK;, THIS CONTEMPLATES THE ACTUAL PERFORMANCE OF REQUIRED DUTY DURING THE PRESCRIBED OVERTIME PERIOD. WHILE AN EMPLOYEE MIGHT BE GRANTED SICK LEAVE DURING THE BASIC 40-HOUR WEEK TO SEEK TREATMENT FOR INJURY INCURRED IN LINE OF DUTY OR OTHERWISE, NO SICK LEAVE CAN BE GRANTED FOR THE OVERTIME DAY AND, ACCORDINGLY, NO COMPENSATION IS PAYABLE FOR TIME ABSENT FROM DUTY DURING THE SCHEDULED NUMBER OF OVERTIME HOURS ON THE OVERTIME DAY DUE TO INJURY INCURRED OR TIME SPENT IN SEEKING TREATMENT FOR SUCH INJURY. SEE B-51218, AUGUST 7, 1945, 25 COMP. GEN. 151, QUESTION AND ANSWER NO. 4.

THE QUESTION PRESENTED IN THAT CASE AS QUOTED AT PAGE 345 REFERS TO EMPLOYEES WHOSE COMPENSATION IS FIXED BY WAGE BOARDS AS WELL AS TO EMPLOYEES WHO ARE SUBJECT TO THE PROVISIONS OF THE CLASSIFICATION ACT, 5 U.S.C. 1071 NOTE. ALTHOUGH THE ANSWER TO THE QUESTION REFERS TO EMPLOYEES WHO RECEIVE OVERTIME COMPENSATION UNDER SECTION 201 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS AMENDED, 5 U.S.C. 911, WE SEE NO REASON WHY A DIFFERENT ANSWER WOULD BE REQUIRED FOR WAGE BOARD EMPLOYEES WHO ARE PAID OVERTIME COMPENSATION IN ACCORDANCE WITH SECTION 23 OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1935, AS AMENDED, 5 U.S.C. 673C (NOW 5 U.S.C. 5544). COMPARE 42 COMP. GEN. 195, ANSWER TO QUESTION 1/B).

THEREFORE, YOU ARE ADVISED THAT EMPLOYEES OF THE U.S. GOVERNMENT PRINTING OFFICE WHOSE COMPENSATION IS FIXED UNDER THE PROVISIONS OF THE "KIESS ACT", 44 U.S.C. 40, AND WHO RECEIVE OVERTIME COMPENSATION UNDER 5 U.S.C. 5544 ARE NOT ENTITLED TO OVERTIME COMPENSATION WHEN THEY ARE EXCUSED FROM DUTY ON OVERTIME SATURDAYS TO RECEIVE MEDICAL TREATMENT FOR INJURIES RECEIVED IN THE LINE OF DUTY.