B-78359, SEPTEMBER 1, 1948, 28 COMP. GEN. 141

B-78359, SEPTEMBER 1, 1948, 28 COMP. GEN. 141

COMPENSATION - OVERTIME - SERVICES OUTSIDE OF REGULAR TOUR OF DUTY WHILE ON MILITARY LEAVE AN EMPLOYEE WHO, DURING HIS REGULAR 40-HOUR WEEKLY TOUR OF DUTY, WAS IN A MILITARY LEAVE WITH PAY STATUS, AS AUTHORIZED BY THE ACT OF JUNE 25, 1938, FOR MEMBERS OF THE NAVAL RESERVE ORDERED TO TRAINING DUTY, IS ENTITLED--- WHEN OFFICIALLY AUTHORIZED OR APPROVED--- TO OVERTIME COMPENSATION FOR SERVICES RENDERED IN HIS CIVILIAN POSITION OUTSIDE OF SUCH REGULAR CIVILIAN TOUR OF DUTY.

COMPTROLLER GENERAL WARREN TO JOHN W. FISHER, WAR ASSETS ADMINISTRATION, SEPTEMBER 1, 1948:

CONSIDERATION HAS BEEN GIVEN YOUR LETTER OF JULY 6, 1948, REFERENCE RSF- FAC-E, FORWARDING A VOUCHER IN FAVOR OF JOHN W. BUDDEKE FOR $25.74 REPRESENTING 16 HOURS' OVERTIME SERVICES RENDERED BY HIM ON TWO SATURDAYS, APRIL 24 AND MAY 1, 1948, AS AN EMPLOYEE OF THE WAR ASSETS ADMINISTRATION. IN VIEW OF THE FACTS HEREINAFTER RECITED, YOU REQUEST A DECISION AS TO WHETHER THE SAID VOUCHER LEGALLY MAY BE CERTIFIED FOR PAYMENT.

IT APPEARS THAT THE EMPLOYEE INVOLVED IS AN OFFICER IN THE UNITED STATES NAVAL RESERVE AND THAT FOR THE PERIOD APRIL 19 THROUGH MAY 2, 1948, HE WAS ORDERED BY COMPETENT AUTHORITY INTO ACTIVE SERVICE FOR TRAINING DUTY. DURING SUCH PERIOD HE WAS IN A LEAVE-WITH-PAY STATUS FROM HIS CIVILIAN EMPLOYMENT AND RECEIVED HIS SALARY FOR 80 HOURS' REGULAR TIME. HOWEVER, IT IS REPORTED THAT HIS REGULAR TOUR OF DUTY IN THE NAVAL RESERVE DURING THE TRAINING PERIOD WAS FROM 8:30 A.M. TO 5 P.M., MONDAYS THROUGH FRIDAYS, AND THAT HE RETURNED TO HIS CIVILIAN POSITION AND WORKED 8 HOURS ON EACH OF THE 2 SATURDAYS DURING THE SAID PERIOD OF TRAINING DUTY. FURTHER, IT IS STATED THAT SUCH OVERTIME SERVICE WAS APPROVED OFFICIALLY AS REQUIRED BY EXISTING LAW AND REGULATIONS ISSUED BY THE WAR ASSETS ADMINISTRATION. HOWEVER, YOU QUESTION THE LEGALITY OF CERTIFYING THE SAID OVERTIME COMPENSATION FOR PAYMENT FOR THE REASON THAT DURING THE EMPLOYEE'S REGULAR 40-HOUR TOUR OF DUTY HE WAS ON ACTIVE TRAINING DUTY AT THE 12TH NAVAL DISTRICT.

THE ACT OF JUNE 25, 1938, 52 STAT. 1177, 34 U.S.C. 853G, PROVIDES IN PERTINENT PART AS FOLLOWS:

* * * PROVIDED, THAT ALL OFFICERS AND EMPLOYEES OF THE UNITED STATES OR OF THE DISTRICT OF COLUMBIA WHO ARE MEMBERS OF THE NAVAL RESERVE SHALL BE ENTITLED TO LEAVE OF ABSENCE FROM THEIR RESPECTIVE DUTIES WITHOUT LOSS OF PAY, TIME, OR EFFICIENCY RATING, ON ALL DAYS DURING WHICH THEY MAY BE EMPLOYED WITH OR WITHOUT PAY UNDER THE ORDERS OF AUTHORIZATION OF COMPETENT AUTHORITY, ON TRAINING DUTY FOR PERIODS NOT TO EXCEED FIFTEEN DAYS IN ANY ONE CALENDAR YEAR.

UNDER THE ABOVE-QUOTED STATUTORY PROVISION, IT SEEMS CLEAR THAT THE GRANTING OF LEAVE WITH PAY TO MR. BUDDEKE FROM HIS CIVILIAN EMPLOYMENT DURING THE PERIOD IN QUESTION WAS DULY AUTHORIZED BY LAW. IN THAT CONNECTION, THIS OFFICE CONSISTENTLY HAS HELD THAT TIME OFF FROM DUTY IN A PAY STATUS AUTHORIZED BY LAW MUST BE REGARDED AS A PART OF THE REGULAR TOUR OF DUTY AND THAT OVERTIME COMPENSATION IS PAYABLE--- WHEN OFFICIALLY AUTHORIZED OR APPROVED--- FOR WORK ACTUALLY PERFORMED IN ADDITION TO THE REGULAR TOUR OF DUTY, INCLUDING THE TIME OFF THEREIN FOR WHICH REGULAR COMPENSATION IS PAID. 13 COMP. GEN. 295; ID 370; ID. 444; 14 ID. 761; 16 ID. 757; 18 ID. 191; ID. 575; 20 ID. 555; AND 20 ID. 724.

SINCE THE SUBJECT EMPLOYEE WAS ORDERED TO TRAINING DUTY DURING THE PERIOD APRIL 19 TO MAY 2, 1948, AND WAS ENTITLED BY LAW TO LEAVE OF ABSENCE FROM HIS CIVILIAN POSITION WITHOUT LOSS OF PAY, HE WAS IN A PAY STATUS IN HIS CIVILIAN POSITION FOR THE BASIC WORKWEEK, AND, THEREFORE, HE IS ENTITLED TO OVERTIME COMPENSATION FOR ANY AUTHORIZED SERVICES IN EXCESS OF 40 HOURS PER WEEK PERFORMED BY HIM IN SUCH POSITION DURING THAT PERIOD. CF. DECISION OF DECEMBER 31, 1947, B-68893, 27 COMP. GEN. 353. ACCORDINGLY, THE SUBMITTED VOUCHER, IF OTHERWISE CORRECT, MAY BE CERTIFIED FOR PAYMENT.