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[Question Concerning Computation of Basic Pay for Federal Fire Fighters]

B-216640 Published: Sep 18, 1985. Publicly Released: Sep 18, 1985.
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Highlights

The president of a labor union requested reconsideration of a decision concerning the computation of pay for federal fire fighters which held that: (1) federal fire fighters are entitled to basic pay for 80 hours biweekly plus premium pay for standby duty; (2) the basic pay of fire fighters should not be computed on the basis of their hourly wage for 144-hour tours of duty; and (3) absences for annual leave or sick leave reduce an employee's overtime entitlement under the Fair Labor Standards Act (FLSA). The union argued that: (1) fire fighters' regularly scheduled administrative workweek is 144 hours but that they are paid for only 80 hours; (2) a rule which permits deduction of eating and sleeping time is not applicable to fire fighters; and (3) the Federal Personnel Manual states that overtime shall not be reduced by absences for annual leave or sick leave. GAO found no statute which authorizes the payment of basic pay in excess of 40 hours in an administrative workweek, but hours in excess of 40 are compensable by means of overtime or premium pay. Furthermore, the rule in question may still be applied to a fire fighter in determining entitlement to compensation for irregular overtime in excess of his regularly scheduled workweek. Finally, GAO stated that absences for leave or holidays do not constitute hours of work under the FLSA. Accordingly, the prior decision was sustained.

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Annual leaveCompensationFire fightersHolidaysLabor lawPayOvertime compensationReconsiderationsSick leave