[Comments on Overtime Pay for Return Travel During TDY]

B-253903 March 31, 1994

CIVILIAN PERSONNEL Compensation Overtime Eligibility Weekends/holidays The National Credit Union Administration requests a decision on whether overtime under the Fair Labor Standards Act (FLSA) must be paid newly hired employees who are allowed to return at government expense to their residences on weekends from extended temporary duty training in Washington, D.C. Because the agency did not submit an actual claim, a Comptroller General's decision is not being issued. However, the agency is advised in a letter that the applicable FLSA regulations (5 C.F.R. Sec. 551.401(h) (1993)) do not appear to apply to voluntary travel of the type described by the agency. The letter further advises the agency that we see no objection to the agency's position not to pay overtime under the circumstances described.

Mr. Herbert S. Yolles Controller National Credit Union Administration Washington, D.C. 20456

Dear Mr. Yolles:

This responds to your letter of June 22, 1993, requesting a Comptroller General's decision as to whether your agency is required to pay overtime under the Fair Labor Standards Act (FLSA) to auditors performing weekend return travel to their residences from extended temporary duty in Washington. Your question concerns newly hired auditors, who will be assigned to widely dispersed permanent duty stations after an extended period of training in Washington. While in training, they are authorized a trip home every other weekend with full reimbursement of travel expenses, presumably under the authority of Federal Travel Regulations, 41 C.F.R. Sec. 301-7.15(a)(3) (1993), "Authorized return incident to extended temporary duty". You state that the examiners are not required to return home, but that they may remain in Washington over the weekends, which we presume would be in a per diem status. You indicate that your agency feels that if those employees choose to make the trip home it is reasonable to expect them to travel on their own time.

Because you have not submitted a specific claim, we are not issuing a Comptroller General's decision at this time. However, the following information is provided for your assistance.

When we first approved payment of weekend return travel at government expense, we implied that FLSA overtime might apply in some cases to the time spent traveling, and we suggested that agencies authorizing such travel consider scheduling it to minimize payment of overtime when necessary. 55 Comp.Gen. 1291 (1976). To date, however, we have not had any cases arising under this type of travel involving FLSA overtime.

Under the Office of Personnel Management's regulations governing FLSA, overtime for time spent traveling (5 C.F.R. Sec. 551.401(h) (1993)) is payable only if the travel meets the criteria in 5 C.F.R. Secs. 551.422, 550.112(g) or 5 U.S.C. Sec. 5544 (1988). The latter provision applies only to wage board employees, and thus does not apply here. Also, neither of the other two provisions appears to apply to travel to return home on weekends that is completely voluntary on the part of the employee.

Therefore, we see no objection to your agency's position not to pay FLSA overtime for weekend return travel under the circumstances described in your letter. If as a result an actual claim arises, you may submit it to us for an advance decision.