[Appeal of Denial of Overtime Compensation for Fitness for Duty Examination]

B-209768: Jul 15, 1983

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A Bureau of Prisons employee appealed the Claims Group's denial of his claim for overtime compensation for time spent incident to a fitness-for-duty medical examination. The administrative report showed that the examination was ordered by the appropriate officials of the agency. The claimant sought 60 hours of pay at overtime rates. GAO held that time spent taking a physical examination that was required for the employee's continued employment with the agency should be considered hours of work under the Fair Labor Standards Act (FLSA). However, when an employee is in a hospital for the examination, only the actual examination time is credited as hours of work. GAO stated that it would accord great weight to the Office of Personnel Management's administrative determination as to the employee's entitlements under the FLSA. Further, absences with pay, such as annual leave, are not periods of work for purposes of FLSA entitlements and, although time spent taking a physical examination that is required for the employee's continued employment with the agency should be considered hours of work under the FLSA, such time is not hours of work under other applicable legislation. Accordingly, the Claims Group's decision was sustained.

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  • CDO Technologies, Inc.
    We dismiss the protest because it is untimely where it was filed more than 10 days after CDO knew or reasonably should have known the bases for its protest.
    B-416989

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