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B-178084 1 (1973-04-17)

handle is hein.gao/gaobaadwg0001 and id is 1 raw text is: Ott*4 'Kr COMPTROLLER GENERAL OF THE UNITEr cTATE1-- 'I WAUI1tT0N, D.C. I20548 I| D-178084 April 17, 1973 The Honorable Robert E, Hampton, Chairman United States Civil Service Coimsion Dear fr,, ampton: Further reference is made to your letter of March 13, 1973, requesting oir views as to whether the night differential authorized by 5 U.S,C, 5343(f), as enacted by Public Law 92-392, appr9ved Au- gust 19, 1972, 86 Stat, 568, is J.nrluded in basic pay of a prevailing rate employee for purposes of annual and sick leave and overtime pay for reguljr or irregular overtime hours which an employee say work, Section 5343(f) provides as follows: (f) A prevailing rate employee is entitled to pay at his scheduled xate plus a night differential- (1) amounting to 7-1/2 percent of that scheduled rate for regularly scheduled nonovertime work a ma- jority of the hours of which occur between 3 p.m, and uaidnipht; and (2) amounting to 10 percent of that scheduled rate for regularly scheduled ronovertime work a ma- jority of the hours of which occur between 11 p.m. and. 8 avm. A night difterontial under this subsection is a part of basic pay. You point out that the night differential is provided for regularly scheduled nonovertima work. You note that similar wording in overtime statutes has been construed to mean that an individual must actually perform at his lob in order to qualify for overtime compensation (other than callback ovrtime), Thin .interpretation of the word work has led you to the conclusion that night differential would not be payable for hours in a leave status since the employee is not actually at work, This interpretation is buttressed by the provision in 5 U.S.C. X545(a) which states that for General Schedule employees nightwork is regularly scheduled work between the hours of 6 paw9 and 6 a,m., and includes -kr~pA PUBLISEP DECISION' Smeu-S 'AP 52 Camp. Con.t--WAW-NW C RFSTDOCUMENT AVAII

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