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B-196444 1 (1980-02-08)

handle is hein.gao/gaobadhza0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES WASH IN GTON, D .C. 2054 8 NIT FILE: n- r, A AA riA-171 9 1 Oap * - J~. -, - -~.- .'-. -- s , MATTER OF: Use of compensatory time to refund excess annual leave DIGEST: Question arising from labor-management negotiations asks whether an employee may use compensatory time to refund excess annual leave taken because it had been credited to his account through administrative error, if such compen- satory time would have been available for use at time that excess annual leave was taken. While payment for excess annual leave generally must be recovered under 5 U.S.C. 6302(f), alternatively, the employee's available compensatory time balance may be charged for the excess annual leave taken through administrative error as proposed in the submission. Cf. 58 Comp. Gen. 571 (1979). 45 Comp. Gen. 243 (1965), distinguishe-.- The question presented asks whether an employee may use compensatory time to refund excess annual ,leave taken through administrative error, if such compensatory time would have been available for use at the time that the excess annual leave was taken. For the reasons stated below, we hold that the proposed use of compensatory time is proper. A request for an advance decision was submitted by 0153 Mr. Alftf f. Zuck, Assistant Secretary for Administra- 9l tion and Management, Department oT Labou, repre f-ing a -3 pfoposa fagreed to during recent negotiations with the 1IP60 Department's National Council of Field Labor Locals (NCFLL) on absence and leave policy. The NCFLL has been served with a copy of this request as required by our regulations governing Labor-Management cases, 4 C.F.R. Part 21 (1979). Agencies, under certain conditions, may grant compen- satory time off to an employee from his scheduled tour of duty instead of payment for time spent in irregular or occasional overtime work. However, the rules governing compensatory time are directed to the administration of premium pay, not annual leave. eA - IWYt .-V us E_ 6)uG C 5 T-1 0, Aj J' 1) - - Y 10,

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