B-108286, APRIL 15, 1952, 31 COMP. GEN. 515

B-108286: Apr 15, 1952

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REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 25. SUPERVISORS ARE ALLOWED 180 DAYS WITHIN WHICH TO TAKE COMPENSATORY TIME FOR SERVICE IN EXCESS OF EIGHT HOURS PER DAY AND FOR SERVICE ON CERTAIN NONWORK DAYS. THERE IS NO AUTHORITY TO DENY THE GRANTING OF SUCH COMPENSATORY TIME. WHICH IS A STATUTORY RIGHT VESTED IN THE EMPLOYEES. THAT DECISION WAS CONCERNED WITH COMPENSATORY TIME ACCRUED UNDER SECTION 202 (A) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945. HAS NO APPLICATION TO THE COMPENSATORY TIME OF EMPLOYEES IN THE FIELD SERVICE OF THE POST OFFICE DEPARTMENT WHO SPECIFICALLY ARE EXCLUDED FROM THE FEDERAL EMPLOYEES PAY ACT BY THE PROVISIONS OF SECTION 102 (B) THEREOF. YOUR QUESTION IS ANSWERED IN THE NEGATIVE.

B-108286, APRIL 15, 1952, 31 COMP. GEN. 515

LEAVES OF ABSENCE - OVERTIME - COMPENSATORY TIME IN LIEU OF OVERTIME - PAYMENT FOR UNUSED LEAVE - DECEASED POSTAL SERVICE EMPLOYEES WHERE, FOR REASONS BEYOND THEIR CONTROL, POSTAL SERVICE EMPLOYEES' COMPENSATORY TIME IN LIEU OF OVERTIME REMAINS UNUSED AT THE TIME OF THEIR SEPARATION BY DEATH, PAYMENT FOR SUCH UNUSED COMPENSATORY TIME MAY NOT BE MADE TO THE HEIRS OR ESTATES OF DECEASED POSTAL SERVICE EMPLOYEES IN THE ABSENCE OF SPECIFIC STATUTORY AUTHORITY THEREFOR.

ACTING COMPTROLLER GENERAL FISHER TO THE POSTMASTER GENERAL, APRIL 15, 1952.

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 25, 1952 ( REFERENCE 50), REQUESTING A DECISION AS TO WHETHER UNUSED COMPENSATORY TIME OF JULY 6, 1945, PUBLIC LAW 134, 59 STAT. 435, AS AMENDED BY THE ACT OF DECEMBER 27, 1950, PUBLIC LAW 888, 64 STAT. 1117, MAY BE COMBINED WITH ACCRUED ANNUAL LEAVE AND PAYMENT THEREFOR MADE TO THE HEIRS OR ESTATES OF DECEASED EMPLOYEES OF THE POSTAL FIELD SERVICE.

SECTION 3 (A), PUBLIC LAW 134, AS AMENDED, PROVIDES THAT POSTAL SERVICE EMPLOYEES, REQUIRED TO PERFORM SERVICE ON SATURDAYS, SUNDAYS, OR HOLIDAYS SHALL BE ALLOWED COMPENSATORY TIME FOR SUCH SERVICE ON ONE DAY WITHIN FIVE WORKING DAYS NEXT SUCCEEDING THE SATURDAY OR SUNDAY AND WITHIN THIRTY DAYS NEXT SUCCEEDING THE HOLIDAYS. UNDER SECTION 3 (B), PUBLIC LAW 134, AS AMENDED, SUPERVISORS ARE ALLOWED 180 DAYS WITHIN WHICH TO TAKE COMPENSATORY TIME FOR SERVICE IN EXCESS OF EIGHT HOURS PER DAY AND FOR SERVICE ON CERTAIN NONWORK DAYS. THE PROVISIONS OF THE SAID SECTIONS 3 (A) AND 3 (B) AUTHORIZE AND REQUIRE THE GRANTING OF COMPENSATORY TIME TO POSTAL SERVICE EMPLOYEES TO COMPENSATE FOR CERTAIN WORK ON CERTAIN DAYS. THERE IS NO AUTHORITY TO DENY THE GRANTING OF SUCH COMPENSATORY TIME, WHICH IS A STATUTORY RIGHT VESTED IN THE EMPLOYEES. HOWEVER, THE FAILURE OF AN OPPORTUNITY TO USE THE COMPENSATORY TIME BECAUSE OF THE DEATH OF THE EMPLOYEE WOULD NOT, IN THE ABSENCE OF STATUTORY AUTHORITY, AUTHORIZE THE PAYMENT OF ANY SUM IN LIEU THEREOF.

AS STATED IN YOUR LETTER, GENERAL ACCOUNTING OFFICE DECISION OF JANUARY 2, 1952, B-107023, 31 COMP. GEN. 245, INDICATES THAT PAYMENT FOR COMPENSATORY TIME ACCRUED BY A DEPARTMENTAL EMPLOYEE OF THE POST OFFICE DEPARTMENT PROPERLY CAN BE MADE TO HIS WIDOW. HOWEVER, THAT DECISION WAS CONCERNED WITH COMPENSATORY TIME ACCRUED UNDER SECTION 202 (A) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, 59 STAT. 297, AND HAS NO APPLICATION TO THE COMPENSATORY TIME OF EMPLOYEES IN THE FIELD SERVICE OF THE POST OFFICE DEPARTMENT WHO SPECIFICALLY ARE EXCLUDED FROM THE FEDERAL EMPLOYEES PAY ACT BY THE PROVISIONS OF SECTION 102 (B) THEREOF, 59 STAT. 296.

ACCORDINGLY, IN THE ABSENCE OF SPECIFIC STATUTORY AUTHORITY FOR THE PAYMENT OF COMPENSATION OR ANY SUM OF MONEY, IN LIEU OF COMPENSATORY TIME ACCRUED BY POSTAL SERVICE EMPLOYEES, YOUR QUESTION IS ANSWERED IN THE NEGATIVE.