Clarification of the Federal Law Concerning the Subject of Earning, Using, and Losing Compensatory Time

B-192225(BRP): Dec 28, 1978

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In response to an inquiry from a Federal employee re: compensatory time, GAO advised the employee of her rights under the law and regulations. The employee had accumulated 253 hours of compensatory time which would be forfeited if not used by December 31, 1978, and the agency advising her to take such leave within a prescribed period, or be paid for that time, was appropriate. Should the employee request compensatory time instead of overtime pay, the time would be forfeited if not used within the prescribed period. Under the Fair Labor Standards Amendments of 1974, the employee should be paid for overtime compensation rather than receive compensatory time, if qualified. A claim should be filed with GAO Claims Division within 6 years of the first accrual of the claim.