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B-159779 1 (1973-10-30)

handle is hein.gao/gaobaadkp0001 and id is 1 raw text is: V .9 e~u 6t4 r ~ 4f ~)fl~g~~ a°0 .9 COMPTROLLER GENERAL OF THE UNITED STATES W&9flNHGTONo , &0$44 14 B-159779 October 30, 1973 The lonorablu Pe y Lee hy Chairman, Atomic Energy Conzaision Dear Dr. Ray: This refers to letter of August 8, 1973, from he Acting Assistant General flanager, Controller, of your agency, requesting a decisime from our Office concerning the propriety of paying an employee Sunday and... night differential pay for the hour of annual leave with which be has been charged for the specific purpose of paying bina for 8 hours nwhen working on the shift during which standard time is advanced one hour in the aprinu. The letter of August 8, 1973, states in' part no follc; Anthe advance of one hour in standard time, generally referred to as 'chnnging to daylight saving time', occurs at 2;00 am,. on the last sunday in April, in accordance with 15 U.S.C. 260 a.(a), employees reSularly scheduled to work an 8 hour shift wihich includes 2:00 am. would lose an hou- of work and pay on that shift except where the adwintatrativo arrangement for charging the employee 'ith.anntol leave approved in 26 Copp. oa, 921 (1947) in applied, The question of night diff rential for the hou of leave charged to the employec was not germane in 1947 as the Fedral Enployees Pay Act of 1945, as auonded, did not then p-irmit payment of nilghit differential to at em- ployee in pd leave status. Preoently, however 5 U.S.C. 5545(a)(2) rpecifies thnt nightvorl; o regularly scheduled work botwee:i the hours of 6:00 p.m. and 6:00 na.m. and, for prendwa pay purposes, Includes 'periods of leave with pay during these hours if the periods of leave trdth pay during a pay period total ios than 8 hours,' Subject to the less than 8 hours during a pay period- limitation abovep it appqare that employees whose regular work schedule includes * 2:00 a.m, and is tiholly within the 12 hour perio specified in 5 U.S.C. 5545(a)(2) would be paid night differential for the hour of annufl leave charged them in accordance WAh 26 Corap. Con. 921. lHowever, it is not clear whether we w would be required to pay niglht differential in the case of employees wbeoe regular work schedule included 2:00 a.m. I * Ls •5 0 lLA r%(7L•u s tw D Cfd 1 0o * 7/$/L77 1 I' 4 It . 9 .9 9 7 II 9 4I *: °. .

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