Propriety of Payment of Claims Presented by Forest Service Employee

An agency certifying officer requested an advance decision concerning the propriety of payment of two claims presented by an employee. The employee, returning from temporary duty, was unable to use his confirmed reservation because the flight had been overbooked. Although he was rebooked on the next available flight, the airline issued a check to him for the amount of the ticket price as compensation for his inconvenience and delay. When the agency advised the employee that the check had to be endorsed over the the Government, he questioned the requirement on the ground that the check represented compensation for his personal delay and inconvenience since he was traveling after his regular duty hours. In the event that the compensation check should be turned over to the Government, the employee claimed four and one-half hours of overtime or compensatory time. It has been held that penalty payments made by air carriers for failing to furnish accommodations for confirmed reserved space are due the Government, not the traveler, when payments result from travel on official business. In the same overbooked situation, an employee is not entitled to overtime compensation or compensatory time off under the law.