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Claim for Overtime Compensation

B-205442 Mar 22, 1982
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Highlights

An advance decision was requested concerning the disposition of a claim by a park ranger for standby pay or overtime compensation for those times when he was required to be on call in the evenings to respond to park emergencies. As a part of his required occupancy of Government-furnished quarters located within the park, the employee was on call 1 or 2 nights a week to answer emergency calls. However, he was free to leave his residence provided that he notified the dispatcher and found a replacement to handle the calls in his absence. The National Park Service took the position that it was precluded from paying either standby or overtime compensation to the employee under these circumstances. Standby compensation is allowed only when an employee is required to remain at his quarters in a state of readiness to answer calls for his services and when he may not provide alternative arrangements to enable him to leave his quarters during the on call period. Because the park ranger was free to leave his residence as long as he provided a temporary replacement, he was not entitled to standby premium pay. Additionally, the ranger's on call time at home did not meet the standards for hours of work which would entitle him to overtime compensation. Since the employee did not meet the Federal regulation requirements for standby pay or overtime compensation, his claim for compensation may not be paid.

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