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B-190011 1 (1977-12-30)

handle is hein.gao/gaobadfmh0001 and id is 1 raw text is: tA * I I Ix FILE: B-190011 ~ Na- THE CMPTRCLLER UNNEMAL OF THE UNITED UTATES V WASHINGTON. D.C 20546 DATE: December 30, 1977 MATTER OF: Department of Health, Education, and Welfare - 'Ise of Employee Rest Periods to Expand Lunch Breaks or Leave Periods DIGEST: 1. Department of Health, Education, and Welfare questinns whether it may expand a regularly scheduled employee lunch break of 30 minutes to 49 minutes by permitting an employee to take a 15-minute rest period just prior to lunch. This practice is improper because employee lunch breaks are authorized under 5 U.S.C. 6101(a)(3)(F). A statt'te that mandates a thing to be done in a given manner normally implies that it shall not be done in any otner mannor. Hence lunch break should be expanded under that statutory authority. 2. Department of Health, Education, and Welfare questions whether an employee may be -ermitted to depart his work place 15 minutes before beginning of leave period if he refrains from taking scheduled 15-minute afternoon rest break. This practice would be improper becaise rest periods are included within basic workday and by departing early the employee woulc' not satisfy time and attendance report- ing requirements to be credited with workin3 full 40-hour week. 1.i a; Thoms S. Administra.. (HEW), as t trative aut.. its employee- .s in response to a request for a decision frce cr,ag Assistant Secretary for Personnel n-artment of Health, Education, and Welfare le3al parameters of that Department's adminis- in scheduling lunch breaks and rest periods for The ls3ues iwvolved in this case arosie out of a labor- management dispute. A Social Security Administration field office urd1?r Eyt had been allowing its employee- two 15-minute rest periods and a 45-minute lunch break during regularly schedulea work hours of 8 a.m. to 4:30 p.m. Management later reduced the lunch braak to 30 minutes on the basis that the lunch break was noncompensable, and as scheduled, allowed employees to be on duty Li I DECIBION A. tl -J %0 ie%

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