B-119689, DEC. 30, 1960

B-119689, DEC. 30, 1960

TO MR. NEAL J. MCLAUGHLIN:

ON DECEMBER 4, 1960, YOU REQUESTED OUR OPINION WHETHER A PROPOSED WORK SCHEDULE WHICH YOU SAY IS BEING CONSIDERED BY THE POST OFFICE, PHILADELPHIA, PENNSYLVANIA, COULD BE PUT INTO EFFECT WITHOUT PAYMENT OF OVERTIME COMPENSATION TO EMPLOYEES COVERED BY SUCH SCHEDULE.

THE LAWS RELATING TO THE HOURS OF WORK AND OVERTIME COMPENSATION OF POSTAL FIELD SERVICE EMPLOYEES ARE NOW CONTAINED IN 39 U.S.C. 3571 3576 (P.L. 86-682, APPROVED SEPTEMBER 2, 1960).

SECTION (2) (A) OF 39 U.S.C. 3573 PROVIDES:

"EACH EMPLOYEE IN OR BELOW SALARY LEVEL PFS-7 WHO PERFORMS WORK ON SATURDAYS OR SUNDAYS SHALL, UNDER REGULATIONS PRESCRIBED BY THE POSTMASTER GENERAL, BE GRANTED COMPENSATORY TIME IN AN AMOUNT EQUAL TO THE EXCESS TIME WORKED WITHIN FIVE WORKING DAYS, EXCEPT THAT, IN LIEU OF SUCH COMPENSATORY TIME, THE POSTMASTER GENERAL MAY, IF THE EXIGENCIES OF THE SERVICE REQUIRE, AUTHORIZE HIM TO BE PAID, FOR WORK PERFORMED ON SATURDAYS AND SUNDAYS DURING THE MONTH OF DECEMBER, AT THE RATE OF 150 PERCENTUM OF HIS HOURLY BASIC COMPENSATION.'

THAT PROVISION DOES NOT REQUIRE THAT A POSTAL FIELD SERVICE EMPLOYEE WHO WORKS MORE THAN 40 HOURS DURING ANY 7 CONSECUTIVE DAYS BE PAID OVERTIME COMPENSATION FOR ALL HOURS OVER 40. WE ARE AWARE OF NO OTHER PROVISION OF LAW WHICH MAKES SUCH A REQUIREMENT.

THEREFORE, SINCE THE SCHEDULE OF WORK DAYS SUBMITTED BY YOU ALLOWS THE EMPLOYEE A COMPENSATORY DAY OFF WITHIN FIVE DAYS AFTER EACH SATURDAY OR SUNDAY HE WORKS, SUCH A SCHEDULE OF WORK DAYS WOULD NOT REQUIRE THE PAYMENT OF OVERTIME COMPENSATION EVEN THOUGH AN EMPLOYEE MAY AT TIMES BE REQUIRED TO WORK MORE THAN FIVE CONSECUTIVE DAYS.