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B-192811 1 (1979-06-05)

handle is hein.gao/gaobadhgx0001 and id is 1 raw text is: j THE COMPTROLLER GENERAL DECISION OF THE UN ITED STATES WASHINGTON, D.C. 20548 UN NIT 0 FILE: B-192811 DATE June 5, 1979 MATTER OF: Edward W. Dorcheus - Overpayment of Compensatory Time DIGEST: Employee, who was erroneously granted compensatory time off in excess of the hours for which he could have received overtime pay under the aggregate salary limitation in 5 U.S.C. § 5541,.requests recredit of 47 hours of annual leave which agency charged to recover erroneous payments. Payments for the salary paid for excess compensatory time off must be recovered but is subject to waiver under 5 U,.S..C. § 5584 and 4 C.F.R. Part 91. Employee's annual 'Thave balance may be charged for compensatory time erroneously granted only with employee's consent. This decision is in response to a request from the Department of Energy (DOE) concerning the claim of Mr. Edward W. Dorcheus, a DOE /Ltya employe.e, for restoration of 47-hours-Lof annual leave which was 7/ charge DOE to recoup excess compensatory time of9 The issue presented for decision is the method by which an agency may recover hours of compensatory time which have been erroneously granted to and used by the employee. t & C, jI I. The report from DOE states that while Mr. Dorcheus was employed at the Federal Energy Administration (an agency which became part of DOE), he was creditedwith 126 hours of compensatory time between April and June of 1975. The report states further that of these 126 hours of compensatory time, 47 hours were erroneously credited to Mr. Dorcheus since these hours were in excess of the biweekly limita- tion on premium pay contained in 5 U.S.C. § 5547. Since Mr. Dorcheus had already used all 126 hours of compensatory time, the agency charged the 47 hours to his annual leave account and thereby reduced his personal leave ceiling. Mr. Dorcheus has requested restoration of the annual leave so as to restore his personal leave ceiling to 350 hours. He states that he was unaware of the limitation on compensatory time, and he argues that he is being further penalized through the reduction in his personal leave ceiling. Under the provisions of 5 U.S.C. § 5543(a), agencies may grant compensatory time off instead of paying overtime compensation for I

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