[Advance Decision Concerning Entitlement to Premium Pay]

The Defense Logistics Agency (DLA) requested an advance decision concerning an employee's entitlement to additional premium pay when his overtime entitlement under the Fair Labor Standards Act is reduced due to National Guard duty during his regularly scheduled tour of duty. GAO stated that Federal regulations expressly provide that an employee is entitled to leave for military duty without reduction or loss of pay. Accordingly, GAO concluded that the employee was entitled to the same amount of pay that he would have otherwise received for his regularly scheduled tour of duty in a biweekly pay period.