B-64407, APRIL 7, 1947, 26 COMP. GEN. 750

B-64407: Apr 7, 1947

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LEAVES OF ABSENCE - OVERTIME - COMPENSATORY TIME IN LIEU OF OVERTIME COMPENSATION AN EMPLOYEE WHO IS PROHIBITED BY REASON OF THE $10. INASMUCH AS THE OPTION TO RECEIVE OVERTIME COMPENSATION OR TO ELECT TO BE GRANTED COMPENSATORY TIME OFF IN LIEU THEREOF EXPRESSLY IS VESTED IN THE EMPLOYEE UNDER SECTION 202 (A) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945. WHEN PROPER ADMINISTRATIVE REGULATIONS HAVE BEEN PRESCRIBED PURSUANT TO SAID SECTION. FORMER EMPLOYEES OF THE NATIONAL HOUSING AGENCY WHO WERE TRANSFERRED. TO THE OFFICE OF THE HOUSING EXPEDITER PURSUANT TO EXECUTIVE ORDER NO. 9820 PROPERLY MAY BE CREDITED WITH THE COMPENSATORY TIME OFF TO WHICH THEY WERE ENTITLED ON THE DATE OF TRANSFER. COMPENSATORY TIME OFF IS NOT TAKEN PRIOR TO SEPARATION AND NO EXTENSION OF THE DATE IS GRANTED.

B-64407, APRIL 7, 1947, 26 COMP. GEN. 750

LEAVES OF ABSENCE - OVERTIME - COMPENSATORY TIME IN LIEU OF OVERTIME COMPENSATION AN EMPLOYEE WHO IS PROHIBITED BY REASON OF THE $10,000 AGGREGATE COMPENSATION LIMITATION CONTAINED IN SECTION 603 (B) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS AMENDED, FROM RECEIVING OVERTIME COMPENSATION MAY NOT ELECT UNDER THE PROVISIONS OF SECTION 202 (A) OF THE ACT TO RECEIVE COMPENSATORY TIME OFF IN LIEU OF SUCH PROHIBITED OVERTIME COMPENSATION. INASMUCH AS THE OPTION TO RECEIVE OVERTIME COMPENSATION OR TO ELECT TO BE GRANTED COMPENSATORY TIME OFF IN LIEU THEREOF EXPRESSLY IS VESTED IN THE EMPLOYEE UNDER SECTION 202 (A) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS AMENDED, WHEN PROPER ADMINISTRATIVE REGULATIONS HAVE BEEN PRESCRIBED PURSUANT TO SAID SECTION, THE ADMINISTRATIVE OFFICE GENERALLY MAY NOT FIX A DATE, RETROSPECTIVELY EFFECTIVE, TERMINATING AN EMPLOYEE'S RIGHT TO COMPENSATORY TIME OFF SO AS TO REQUIRE HIM TO ACCEPT OVERTIME COMPENSATION. UNDER SECTION 202 (A) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS AMENDED, FORMER EMPLOYEES OF THE NATIONAL HOUSING AGENCY WHO WERE TRANSFERRED, EITHER VOLUNTARILY OR INVOLUNTARILY, TO THE OFFICE OF THE HOUSING EXPEDITER PURSUANT TO EXECUTIVE ORDER NO. 9820 PROPERLY MAY BE CREDITED WITH THE COMPENSATORY TIME OFF TO WHICH THEY WERE ENTITLED ON THE DATE OF TRANSFER. THE DATE OF SEPARATION STATED IN AN EMPLOYEE('S ADVANCE NOTICE OF SEPARATION DUE TO REDUCTION IN FORCE MAY BE ADMINISTRATIVELY EXTENDED SO AS TO INCLUDE PERIODS COVERED BY THE COMPENSATORY TIME OFF EARNED BY THE EMPLOYEE PURSUANT TO THE PROVISIONS OF SECTION 202 (A) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS AMENDED; HOWEVER, WHERE, DUE TO REASONS BEYOND THE CONTROL OF THE EMPLOYEE, COMPENSATORY TIME OFF IS NOT TAKEN PRIOR TO SEPARATION AND NO EXTENSION OF THE DATE IS GRANTED, OVERTIME COMPENSATION SHOULD BE PAID IN LIEU OF THE COMPENSATORY TIME OFF.

COMPTROLLER GENERAL WARREN TO THE HOUSING EXPEDITER, APRIL 7, 1947:

THERE HAS BEEN CONSIDERED YOUR LETTER OF MARCH 3, 1947--- SIGNED, ALSO, BY THE NATIONAL HOUSING ADMINISTRATOR, NATIONAL HOUSING AGENCY--- AS FOLLOWS:

EXECUTIVE ORDER 9820 OF JANUARY 11, 1947, SEGREGATED THE FUNCTIONS OF THE HOUSING EXPEDITER (WHICH THERETOFORE HAD BEEN MERGED WITH THOSE OF THE NATIONAL HOUSING ADMINISTRATOR) AND PROVIDED FOR THEIR PERFORMANCE BY THE HOUSING EXPEDITER AS AN INDEPENDENT OFFICER OF THE GOVERNMENT. THE ORDER ALSO TRANSFERRED FROM THE NATIONAL HOUSING AGENCY TO THE OFFICE OF HOUSING EXPEDITER PERSONNEL WHICH HAD BEEN REQUIRED FOR PERFORMANCE OF THE FUNCTIONS OF THE HOUSING EXPEDITER AND PROVIDED THAT THE UNEXPENDED BALANCES OF APPROPRIATIONS AVAILABLE TO THE OFFICE OF THE ADMINISTRATOR FOR USE IN THE PERFORMANCE OF THE FUNCTIONS OF THE HOUSING EXPEDITER SHOULD BE TRANSFERRED TO THE OFFICE OF HOUSING EXPEDITER.

BETWEEN FEBRUARY 12, 1946, THE DATE OF MERGER OF THE FUNCTIONS OF THE ADMINISTRATOR AND THE HOUSING EXPEDITER, AND THE SEGREGATION ORDER OF JANUARY 11, 1947, THE COMBINED OA-OHE STAFF WAS REQUIRED TO WORK A CONSIDERABLE AMOUNT OF OVERTIME, WHICH IN SOME CASES WAS PAID FOR AT OVERTIME RATES BUT IN OTHERS WAS ACCRUED AS COMPENSATORY LEAVE. BECAUSE OF THE EXIGENT NATURE OF THE HOUSING PROGRAM, A NUMBER OF EMPLOYEES FOUND IT IMPOSSIBLE TO TAKE TIME OFF FROM THEIR DUTIES AND NOW HAVE TO THEIR CREDIT A CONSIDERABLE BALANCE OF COMPENSATORY LEAVE. NO ADMINISTRATIVE TIME LIMIT WAS IMPOSED FOR THE TAKING OF COMPENSATORY LEAVE.

THE SEPARATION OF STAFFS AND OF APPROPRIATIONS AND THE ABRUPT CHANGE IN THE OFFICE OF HOUSING EXPEDITER FROM RECRUITING ACTIVITIES TO THE REDUCTION-IN-FORCE PROCEDURES GIVE RISE TO SEVERAL QUESTIONS WITH RESPECT TO THE RIGHTS OF EMPLOYEES IN SUCH COMPENSATORY LEAVE.

1. PRIOR TO THE ADOPTION ON DECEMBER 29, 1946, OF THE NEW GAO STANDARD FORM NO. 1135, TIME AND ATTENDANCE REPORT, RECORDS ON COMPENSATORY LEAVE WERE KEPT IN THE INDIVIDUAL REPORTING UNITS OF THE COMBINED OA-OHE OFFICE INSTEAD OF BEING FORWARDED TO THE FINANCE DIVISION WITH THE ANNUAL AND SICK LEAVE RECORDS. WHEN THE COMPENSATORY LEAVE RECORDS WERE TRANSFERRED TO THE FINANCE DIVISION UNDER THE NEW PROCEDURE, IT BECAME APPARENT THAT OFFICIALS NOT ENTITLED TO OVERTIME COMPENSATION BECAUSE OF THE $10,000 MAXIMUM COMPENSATION LIMITATION HAD ACCRUED COMPENSATORY LEAVE.

MAY AN EMPLOYEE WHO CANNOT BE PAID OVERTIME COMPENSATION BECAUSE OF THE $10,000 MAXIMUM COMPENSATION LIMITATION IN SECTION 603 OF THE FEDERAL PAY ACT (5 U.S.C.A. 943) BE GRANTED COMPENSATORY LEAVE?

2. OHE EMPLOYEES WHOSE NAMES HAVE NOT YET BEEN REACHED IN REDUCTION-IN- FORCE PROCEDURES HAVE SUBSTANTIAL BALANCES OF ACCUMULATED COMPENSATORY LEAVE. OF COURSE, IT IS DESIRABLE TO LIQUIDATE THESE BALANCES AS SOON AS POSSIBLE. HOWEVER, IF ALL EMPLOYEES BEGIN TO LIQUIDATE SUCH COMPENSATORY LEAVE SIMULTANEOUSLY, THE OFFICE OF HOUSING EXPEDITER WILL HAVE A RELATIVELY HIGH NUMBER OF INACTIVE EMPLOYEES.

CAN IT BE DETERMINED THAT THE DATE OF THE SEGREGATION ORDER, JANUARY 11, 1947, WAS THE LAST DATE FOR GRANTING COMPENSATORY LEAVE IN LIEU OF PAYMENT FOR OVERTIME ACCRUED BY REASON OF EMPLOYMENT IN THE COMBINED OFFICES AND THAT AS OF THAT DATE THE COMBINED FUNDS OF THE OFFICE OF THE ADMINISTRATOR AND HOUSING EXPEDITER SHOULD BE CLEARED OF THE ENCUMBRANCES FOR UNLIQUIDATED BALANCES OF COMPENSATORY LEAVE BY MAKING OVERTIME PAYMENTS OF SUCH BALANCES, BEFORE THE SEPARATION OF APPROPRIATIONS?

3. (A). IF YOUR ANSWER TO QUESTION 2 IS IN THE NEGATIVE, IS IT WITHIN THE ADMINISTRATIVE DISCRETION OF THE OFFICE OF HOUSING EXPEDITER TO ACCEPT THE BALANCE OF COMPENSATORY LEAVE FOR CREDIT TO THE EMPLOYEE'S ACCOUNT IN THE OFFICE OF HOUSING EXPEDITER, SINCE THE PERSONNEL ACTION UNDER THE SEGREGATION ORDER IS IN THE NATURE OF AN INVOLUNTARY TRANSFER?

3. (B). WOULD YOUR ANSWER BE DIFFERENT IN THE CASE OF A VOLUNTARY TRANSFER FROM THE OFFICE OF ADMINISTRATOR TO THE OFFICE OF HOUSING EXPEDITER AFTER THE SEGREGATION ORDER?

4. SOME OF THE 400 OHE EMPLOYEES WHO ON FEBRUARY 12, 1947, RECEIVED NOTICE OF SEPARATION EFFECTIVE MARCH 14 HAVE A BALANCE OF COMPENSATORY LEAVE WHICH THEY WILL BE UNABLE TO LIQUIDATE BY MARCH 14. IT APPEARS FROM 25 C.G. 62 THAT SUCH AN EMPLOYEE WOULD BE ENTITLED TO PAYMENT FOR ACCUMULATED COMPENSATORY LEAVE (WHICH HE HAS BEEN PREVENTED BY EXIGENCIES OF THE SERVICE FROM TAKING) AT THE OVERTIME RATE PREVAILING WHEN THE OVERTIME WAS PERFORMED. YOUR DECISION B-61224, NOVEMBER 18, 1946, HELD THAT AN EMPLOYEE HAVING ACCUMULATED ANNUAL LEAVE MAY, UPON HIS REQUEST BE CARRIED ON THE ROLLS OF THE AGENCY IN A LEAVE STATUS IMMEDIATELY PRIOR TO BEING PLACED ON FURLOUGH.

IF YOUR ANSWER TO QUESTION 3 (A) IS IN THE AFFIRMATIVE, MAY AN EMPLOYEE HAVING ACCUMULATED COMPENSATORY LEAVE WHO HAS RECEIVED NOTICE OF TERMINATION DUE TO REDUCTION-IN-FORCE PROCEDURES BE GRANTED AN EXTENSION OF THE SEPARATION DATE IN ORDER TO TAKE THE COMPENSATORY LEAVE REMAINING TO HIS CREDIT?

SECTION 202 (A) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, 59 STAT. 297, AS AMENDED BY SECTION 9 OF THE FEDERAL EMPLOYEES PAY ACT OF 1946, 60 STAT. 218, READS AS FOLLOWS:

THE HEADS OF DEPARTMENTS, OR OF INDEPENDENT ESTABLISHMENTS OR AGENCIES, INCLUDING GOVERNMENT-OWNED OR CONTROLLED CORPORATIONS, AND OF THE DISTRICT OF COLUMBIA MUNICIPAL GOVERNMENT, AND THE HEADS OF LEGISLATIVE OR JUDICIAL AGENCIES TO WHICH THIS TITLE APPLIES, MAY BY REGULATION PROVIDE FOR THE GRANTING OF COMPENSATORY TIME OFF FROM DUTY, IN LIEU OF OVERTIME COMPENSATION FOR IRREGULAR OR OCCASIONAL DUTY IN EXCESS OF FORTY HOURS IN ANY REGULARLY SCHEDULED ADMINISTRATION WORKWEEK, TO THOSE PER ANNUM EMPLOYEES REQUESTING SUCH COMPENSATORY TIME OFF FROM DUTY.

AN EXAMINATION OF THE LEGISLATIVE HISTORY OF THAT STATUTORY PROVISION DISCLOSES THAT IT WAS THE INTENT OF THE CONGRESS TO AUTHORIZE THE GRANTING OF COMPENSATORY TIME OFF FROM DUTY ONLY TO THOSE PER ANNUM EMPLOYEES WHO OTHERWISE ARE ENTITLED TO OVERTIME COMPENSATION UNDER THE PROVISIONS OF SECTION 201 OF THE SAID FEDERAL EMPLOYEES PAY ACT OF 1945, 59 STAT. 296. IN THAT CONNECTION, IT IS STATED AT PAGE 21, HOUSE REPORT NO. 1834, ACCOMPANYING H.R. 5939--- THE ESSENTIAL PROVISIONS OF WHICH WERE INCORPORATED INTO S. 1415, SUBSEQUENTLY ENACTED INTO LAW AS THE SAID FEDERAL EMPLOYEES PAY ACT OF 1946--- AS FOLLOWS:

SECTION 9. COMPENSATORY TIME OFF FOR IRREGULAR OR OCCASIONAL OVERTIME WORK.--- THIS SECTION MAKES IT POSSIBLE FOR DEPARTMENTS AND AGENCIES, BY REGULATION, TO PERMIT EMPLOYEES TO EXERCISE AN OPTION OF REQUESTING AND RECEIVING COMPENSATORY TIME OFF (HOUR FOR HOUR) FOR IRREGULAR OR OCCASIONAL OVERTIME WORK IN EXCESS OF 40 HOURS A WEEK. UNDER SECTION 202 (A) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, THIS CAN BE DONE ONLY WHEN IRREGULAR OR OCCASIONAL OVERTIME IS PERFORMED IN EXCESS OF 48 HOURS A WEEK.

THIS IS THE ONLY CHANGE IN SECTION 202 (A) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945. THE OTHER CONDITIONS OF EXISTING LAW ARE CONTINUED. THE DEPARTMENT OR AGENCY MUST ISSUE REGULATIONS TO ENJOY THE ADMINISTRATIVE BENEFITS OF THE PROVISION; IF IT DOES NOT, IT MUST PAY FOR OVERTIME IN CASH. THE OVERTIME MUST BE IRREGULAR OR OCCASIONAL; IF IT IS REGULARLY SCHEDULED, IT MUST BE PAID FOR IN CASH. THE EMPLOYEE- - NOT THE DEPARTMENT OR AGENCY--- IS THE ONE WHO EXERCISES THE OPTION; IF HE ELECTS NOT TO EXERCISE IT, OR IF HE ELECTS PAY INSTEAD OF COMPENSATORY TIME OFF, THE OVERTIME LIKEWISE MUST BE PAID FOR IN CASH.

SINCE SECTION 603 (B) OF THE SAID FEDERAL EMPLOYEES PAY ACT OF 1945, 59 STAT. 303, EXPRESSLY PROHIBITS THE PAYMENT, BY REASON OF THE ENACTMENT OF THAT ACT, OF BASIC COMPENSATION, OR BASIC COMPENSATION PLUS ANY ADDITIONAL COMPENSATION PROVIDED THEREBY, AT A RATE IN EXCESS OF $10,000 PER ANNUM FOR ANY PAY PERIOD, IT IS CLEAR THAT, SO FAR AS CONCERNS ANY OVERTIME WORK WHICH, IF COMPENSATED, WOULD CAUSE AN EMPLOYEE'S COMPENSATION TO EXCEED THE RATE OF $10,000 PER ANNUM, THE EMPLOYEE IS NOT ENTITLED TO PAYMENT OF OVERTIME COMPENSATION. CONSEQUENTLY, SINCE SUCH AN EMPLOYEE IS PROHIBITED FROM RECEIVING OVERTIME COMPENSATION FOR SUCH OVERTIME WORK, HE MAY NOT ELECT TO RECEIVE COMPENSATORY TIME OFF IN LIEU OF SUCH PROHIBITED COMPENSATION. ACCORDINGLY, YOUR FIRST QUESTION IS ANSWERED IN THE NEGATIVE.

WITH RESPECT TO THE EXTENT OF THE ADMINISTRATIVE DISCRETION IN MATTER OF COMPENSATORY TIME OFF IN LIEU OF OVERTIME COMPENSATION AS AUTHORIZED BY THE FEDERAL EMPLOYEES PAY ACT OF 1945, IT WAS STATED IN DECISION OF JULY 18, 1945, 25 COMP. GEN. 62, AT PAGE 64, AS FOLLOWS:

2. UNLIKE THE PROVISIONS OF THE WAR OVERTIME PAY ACT OF 1943, 57 STAT. 76, SECTION 202 (A) OF THE NEW STATUTE DOES NOT VEST ANY DISCRETION IN THE HEAD OF AN AGENCY TO GRANT COMPENSATORY TIME OFF FROM DUTY; BUT, ON THE CONTRARY, SAID SECTION IS TO THE EFFECT THAT OVERTIME COMPENSATION SHALL BE PAID FOR ALL OVERTIME SERVICE UNLESS AN EMPLOYEE SPECIFICALLY REQUESTS COMPENSATORY TIME OFF FROM DUTY IN LIEU OF OVERTIME COMPENSATION FOR OCCASIONAL OR IRREGULAR OVERTIME SERVICE PERFORMED IN EXCESS OF 48 HOURS PER WEEK. HOWEVER, THE HEAD OF AN AGENCY MAY BY REGULATION FIX A LIMIT OF TIME WITHIN WHICH SUCH COMPENSATORY TIME OFF FROM DUTY MAY BE REQUESTED OR TAKEN. ALSO, IT WOULD NOT BE IMPROPER TO PROVIDE BY ADMINISTRATIVE REGULATION THAT UPON FAILURE OF AN EMPLOYEE TO TAKE COMPENSATORY TIME OFF FROM DUTY WHICH HE HAD REQUESTED WITHIN THE TIME PRESCRIBED HE WOULD LOSE HIS RIGHT TO OVERTIME COMPENSATION. HOWEVER, THERE WOULD BE NO AUTHORITY TO DENY PAYMENT OF OVERTIME COMPENSATION WHERE THE FAILURE TO TAKE THE COMPENSATORY TIME OFF FROM DUTY WITHIN THE PERIOD PRESCRIBED BY ADMINISTRATIVE REGULATION WAS DUE TO AN EXIGENCY OF THE SERVICE BEYOND THE CONTROL OF THE EMPLOYEE. * * *

FROM THAT PORTION OF THE DECISION JUST QUOTED, IT WILL BE SEEN THIS OFFICE HAS RECOGNIZED THAT THE ADMINISTRATIVE AUTHORITY RESPECTING COMPENSATORY TIME IS LIMITED TO THE FIXING OF A DATE IN THE FUTURE BEYOND WHICH THE RIGHT OF AN EMPLOYEE TO TAKE COMPENSATORY TIME OFF FROM DUTY OR TO RECEIVE OVERTIME COMPENSATION PROPERLY MAY BE DENIED. HOWEVER, SINCE-- - WHERE PROPER ADMINISTRATIVE REGULATIONS ARE PRESCRIBED UNDER THE STATUTE --- THE OPTION TO RECEIVE OVERTIME COMPENSATION OR TO ELECT TO BE GRANTED COMPENSATORY TIME OFF IN LIEU THEREOF, EXPRESSLY IS VESTED IN THE EMPLOYEE UNDER THE TERMS OF THE 1945 STATUTE, THE ADMINISTRATIVE OFFICE GENERALLY MAY NOT FIX A DATE, RETROSPECTIVELY EFFECTIVE, TERMINATING AN EMPLOYEE'S RIGHT TO COMPENSATORY TIME OFF SO AS TO REQUIRE HIM TO ACCEPT OVERTIME COMPENSATION. IT IS UNDERSTOOD THAT REGULATIONS ISSUED BY THE HOUSING EXPEDITER EFFECTIVE JANUARY 11, 1947, EXPRESSLY PROVIDE FOR THE GRANTING OF COMPENSATORY TIME IN LIEU OF OVERTIME COMPENSATION--- THUS CONTINUING IN EFFECT THE REGULATIONS GOVERNING EMPLOYEES OF THE NATIONAL HOUSING ADMINISTRATION AT THE TIME OF THE SEGREGATION ORDER. HENCE, SINCE IT DOES NOT APPEAR THAT ALL EMPLOYEES TRANSFERRED TO THE OFFICE OF THE HOUSING EXPEDITER ARE TO BE SEPARATED FROM THE SERVICE BEFORE BEING GIVEN AN OPPORTUNITY TO TAKE THEIR COMPENSATORY TIME OFF AND IN VIEW OF THE CIRCUMSTANCES ATTENDING THE ESTABLISHMENT OF THE OFFICE OF HOUSING EXPEDITER, ANY GENERAL DETERMINATION, AT THIS TIME, THAT JANUARY 11, 1947- -- THE EFFECTIVE DATE OF THE EXECUTIVE ORDER SETTING UP THE OFFICE OF THE HOUSING EXPEDITER--- WAS THE LAST DATE UPON WHICH SUCH COMPENSATORY TIME OFF COULD HAVE BEEN TAKEN BY THE EMPLOYEES SO TRANSFERRED WOULD BE AN INFRINGEMENT OF THE RIGHT GRANTED SUCH EMPLOYEES UNDER SECTION 2 (A), SUPRA. QUESTION 2 IS ANSWERED IN THE NEGATIVE.

IN LINE WITH THE ANSWER TO QUESTION 2, ABOVE, YOU ARE ADVISED THAT FORMER EMPLOYEES OF THE NATIONAL HOUSING AGENCY WHO WERE TRANSFERRED TO THE OFFICE OF THE HOUSING EXPEDITER PURSUANT TO EXECUTIVE ORDER NO. 9820, PROPERLY MAY BE CREDITED WITH THE COMPENSATORY TIME OFF TO WHICH THEY WERE ENTITLED ON THE DATE OF SUCH TRANSFER. ALSO, IN VIEW OF THE CIRCUMSTANCES GIVING RISE TO THE SETTING UP OF THE OFFICE OF THE HOUSING EXPEDITER SEPARATE AND DISTINCT FROM THE NATIONAL HOUSING AGENCY, THIS OFFICE WOULD NOT BE REQUIRED TO OBJECT TO THE TRANSFER OF COMPENSATORY-TIME-OFF CREDITS OF FORMER EMPLOYEES OF THE NATIONAL HOUSING AGENCY WHO VOLUNTARILY TRANSFER TO THE OFFICE OF THE HOUSING EXPEDITER. QUESTIONS 3 (A) AND 3 (B) ARE ANSWERED ACCORDINGLY.

ASSUMING THE EXTENSION OF THE SEPARATION DATE IS GRANTED PRIOR TO THE EFFECTIVE DATE STATED IN THE ADVANCE NOTICE OF SEPARATION, NO OBJECTION IS PERCEIVED TO THE EXERCISE OF ADMINISTRATIVE DISCRETION IN EXTENDING THE DATE OF SEPARATION TO INCLUDE PERIODS COVERED BY COMPENSATORY TIME OFF EARNED BY AN EMPLOYEE. HOWEVER, WHEN DUE TO REASONS BEYOND THE CONTROL OF THE EMPLOYEE COMPENSATORY TIME OFF IS NOT TAKEN PRIOR TO SEPARATION AND NO EXTENSION OF THE DATE OF SEPARATION IS GRANTED, THE EMPLOYEE WOULD BE ENTITLED TO PAYMENT OF OVERTIME COMPENSATION. COMPARE 25 COMP. GEN. 62, SUPRA. QUESTION 4 IS ANSWERED ACCORDINGLY.