[Reconsideration of Claim for Overtime Compensation]

A member of the Naval Reserve requested reconsideration of a decision which denied his claim for overtime compensation for a period of 11 days during which he was on military leave from his civilian position. The member's claim was based on the requirement that an employee receive the same compensation which he would otherwise receive had he not been on military leave. GAO has held that, for overtime work to be compensable with respect to an employee on military leave, the overtime work must be regularly scheduled and it must be clear that the employee would have been required to work the overtime. GAO denied the previous claim because the evidence submitted by the claimant did not establish that he would have been required to work the overtime. In his request for reconsideration, the claimant submitted new evidence in support of his case. GAO found that the new evidence showed that the claimant would have been required to work overtime on all of the days he claimed but one; however, it could not be determined from the evidence submitted how many, if any, employees were brought in from other shops for two of the days for which overtime compensation was claimed. Accordingly, the claimant was entitled to overtime compensation for all but three of the days claimed, and the prior decision was reversed.