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B-183751 1 (1976-10-19)

handle is hein.gao/gaobaddyf0001 and id is 1 raw text is: t~~ntt / THE COIVPTROLLER MENUSRAL DECISION OF THE UNITED STATM * j WASHINGTON, 0.C. 20548 FILE; B-183751 OF: DATE: October 19, 1976 Millard W. Wilcox- Compensatory Time Employee, requesting reconsider4tion of that portion of decision, 1-183751, October 3, 1975, which disallowed claim for payment of 550 hours forfeited compensatory time, presents evidence showing that compensatory time was lost during teries of consecutive pay periods in rwhich additional compensa- tory time was authorized, Simultaneous forfeiture and acquisition of compen- satory time over series of consecutive pay periods is sufficient evidence of exigency of service to preclude forfeiture. This action inaa rEconsideration of that portion of our deci- sion B-183751, October 3, 1975, in which we disallowed the claim of Mr. Millard W. Wilcox for 550 hours of overtime pay in lieu of 550 hours of forfeited compensatory time. Those hours were worked during the period January 12, 1969, to September 6, 1970. In the same decision we allowed Mr. Wilcox's claim for an additional 206 hours of overtime in lieu of unforfeited compensatory time which he was unable to use due to the exigency of the service beyond his control. Mr. Wilcox had forfeited thte 550 hours of compensatory time under the 6-month limit set by the Department of the Interior in accordance with 5 C.F.R. 8 550.114(c). Section 550.114(c) pro- vides that an employee shall lose his right to compensatory time off if it is not used unless the failure to use it is due to an exigency of the service beyond the employee's control. The claim for the 550 hours of overtime originally was dinallowed as there was insufficient evidence that the 55U hours of forfeited com- pensatory time were not used due to the exigency of the service beyond the employe's control.. Mr. Wilcox in requesting reconsideration prevented evidence which indicated that the 550 hours of compensatory time lost were C JLb.a- A, MATTER DIGEST:

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