B-63570, FEBRUARY 26, 1947, 26 COMP. GEN. 631

B-63570: Feb 26, 1947

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OVERTIME AN EMPLOYEE WHO WAS ORDERED TO PERFORM OFFICIAL DUTIES AWAY FROM HIS HEADQUARTERS ON A HOLIDAY FALLING WITHIN HIS BASIC 40-HOUR WORKWEEK MAY BE COMPENSATED UNDER SECTION 302 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945. 1947: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 24. ANDERSON IS AN EMPLOYEE OF THE LOS ANGELES WEATHER BUREAU REGIONAL OFFICE WHOSE REGULAR WORK WEEK IS MONDAY TO FRIDAY. WHOSE HOURS OF DUTY ARE FROM 8:00 A.M. ANDERSON WAS ORDERED TO PERFORM OFFICIAL TRAVEL ON DECEMBER 25. HIS ACTIVITIES ON THAT DAY WERE AS FOLLOWS: 10:00 A.M. (PUT-UP LUNCH WAS EATEN WHILE DRIVING.) 3:01 P.M. THE EMPLOYEE WAS PAID FOR EIGHT HOURS FOR DECEMBER 25. THE PAYMENT WAS MADE JANUARY 10.

B-63570, FEBRUARY 26, 1947, 26 COMP. GEN. 631

HOLIDAYS - COMPENSATION - TRAVEL TIME; OVERTIME AN EMPLOYEE WHO WAS ORDERED TO PERFORM OFFICIAL DUTIES AWAY FROM HIS HEADQUARTERS ON A HOLIDAY FALLING WITHIN HIS BASIC 40-HOUR WORKWEEK MAY BE COMPENSATED UNDER SECTION 302 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS AMENDED, AT HOLIDAY RATES FOR BOTH TRAVEL TIME AND ACTUAL WORK TIME WITHIN HIS REGULAR DUTY HOURS, AND MAY BE PAID AT OVERTIME RATES FOR TIME WORKED OUTSIDE OF HIS REGULAR DUTY HOURS.

COMPTROLLER GENERAL WARREN TO FLOYD D. YOUNG, DEPARTMENT OF COMMERCE, FEBRUARY 26, 1947:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 24, 1947, FILE FISC:RMC:MJS, AS FOLLOWS:

MR. ALFRED W. ANDERSON IS AN EMPLOYEE OF THE LOS ANGELES WEATHER BUREAU REGIONAL OFFICE WHOSE REGULAR WORK WEEK IS MONDAY TO FRIDAY, INCLUSIVE, AND WHOSE HOURS OF DUTY ARE FROM 8:00 A.M. TO :30 P.M. WITH ONE-HALF HOUR FOR LUNCH. MR. ANDERSON WAS ORDERED TO PERFORM OFFICIAL TRAVEL ON DECEMBER 25, 1946, IN AN EMERGENCY IN CONNECTION WITH AN AIRCRAFT ACCIDENT. HIS ACTIVITIES ON THAT DAY WERE AS FOLLOWS: 10:00 A.M. TO 11:00 A.M. ----- PERFORMED PRELIMINARY WORK IN THE LOS

ANGELES OFFICE BEFORE BEGINNING THE

JOURNEY. 11:01 A.M. TO 3:00 P.M. ----- TIME SPENT IN TRAVEL FROM LOS ANGELES

TO SAN DIEGO WITH NO STOP FOR LUNCH.

(PUT-UP LUNCH WAS EATEN WHILE DRIVING.)

3:01 P.M. TO 7:00 P.M. ----- WORKED CONTINUOUSLY AT SAN DIEGO

WITHOUT STOPPING FOR DINNER.

THE EMPLOYEE WAS PAID FOR EIGHT HOURS FOR DECEMBER 25, 1946, AT HIS REGULAR BASIC RATE OF PAY. THE PAYMENT WAS MADE JANUARY 10, 1947, BY E. J. BRENNAN ON VOUCHER NUMBER 15-128056 UNDER SYMBOL 2015. (THE VOUCHER NUMBER IS THE DISBURSING OFFICER'S NUMBER.) HE CONTENDS THAT HIS SALARY FOR DECEMBER 25 SHOULD HAVE BEEN COMPUTED AS FOLLOWS:

8:00 A.M. TO 10:00 A.M. ----- 2 HOURS OF HOLIDAY LEAVE AT HIS BASIC

RATE OF PAY. 10:01 A.M. TO 4:00 P.M. ----- 6 HOURS AT HOLIDAY RATES.

4:01 P.M. TO 7:00 P.M. ----- 3 HOURS AT OVERTIME RATES.

YOUR DECISION IS REQUESTED AS TO THE LEGALITY OF PAYMENT OF THE VOUCHER. THIS REQUEST IS MADE UNDER AUTHORITY OF SECTION 3 OF THE ACT OF DECEMBER 29, 1941 (55 STAT. 876).

IN DECISION OF NOVEMBER 13, 1945, B-53081, 25 COMP. GEN. 399, IT WAS STATED:

* * * AN EMPLOYEE IN A PAY STATUS IS ENTITLED TO HIS REGULAR COMPENSATION WHILE TRAVELING ON OFFICIAL BUSINESS DURING THE HOURS COMPRISING HIS DAILY TOUR OF DUTY, THE SAME AS IF HE HAD REMAINED AT HEADQUARTERS AND IT IS IMMATERIAL WHETHER, DURING SUCH TRAVEL, HE PERFORMS ACTUAL DUTY.

SECTION 11 OF THE FEDERAL EMPLOYEES PAY ACT OF 1946, PUBLIC LAW 390, APPROVED MAY 24, 1946, 60 STAT. 218, PROVIDES AS FOLLOWS:

THAT PART OF THE FIRST SENTENCE OF SECTION 302 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945 WHICH PRECEDES THE PROVISO IS AMENDED TO READ AS FOLLOWS: "ANY OFFICER OR EMPLOYEE TO WHOM THIS TITLE APPLIES WHO IS ASSIGNED TO DUTY ON A HOLIDAY DESIGNATED BY FEDERAL STATUTE OR EXECUTIVE ORDER DURING HOURS WHICH FALL WITHIN HIS BASIC ADMINISTRATIVE WORKWEEK OF FORTY HOURS SHALL BE COMPENSATED FOR NOT TO EXCEED EIGHT HOURS OF SUCH DUTY, EXCLUDING PERIODS WHEN HE IS IN A LEAVE STATUS, IN LIEU OF HIS REGULAR RATE OF BASIC COMPENSATION FOR SUCH DUTY, AT THE RATE OF TWICE SUCH REGULAR RATE OF BASIC COMPENSATION, IN ADDITION TO ANY EXTRA COMPENSATION FOR NIGHT DUTY PROVIDED BY SECTION 301 OF THIS ACT.:"

IN VIEW OF THE FOREGOING, THE VOUCHER SUBMITTED PROPERLY MAY BE CERTIFIED FOR PAYMENT UPON THE BASIS STATED THEREIN, NAMELY, HOLIDAY PAY FOR 6 HOURS AND OVERTIME PAY FOR 3 HOURS.