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B-210333 1 (1983-03-24)

handle is hein.gao/gaobadkyu0001 and id is 1 raw text is: THE COMPTROLLER GENERAL 131CISION . OF THE UNITED STATES WASHINGTON. O. C. 20548 FILE: B-210333 DATE: March 24, 1983 MATTER OF: Naval Ordnance Station, Louisville - Computation of FLSA Overtime/ DIGEST: A union contends that employees do not receive proper credit for excused absences such as leave under the agency's compu- tation of overtime under the Fair Labor Standards Act (FLSA). The union argues that the amount representing the paid absence should be added to the employee's FLSA entitlement for comparison with his entitlement under title 5, United States Code. The agency's computation excluding absences for holidays and leave is correct under the statutes and regulations since such absences are not considered hours worked under the FLSA. There is no basis to add the amount paid for leave to the FLSA computation. The issue in this decision concerns the crediting of excused absences such as leave in determining an employee's entitlement to overtime compensation under the Fair Labor Standards Act (FLSA), 29 U.S.C. §S 201 et sea. (1976). We hold that since paid absences are not considered hours worked under the FLSA, the computation of compensation due under the FLSA may not include renumeration for periods of nonwork, e.g., leave. This decision is in response to a joint request from Local Lodge 830, International Association of Machinists and Aerospace Workers, and the Naval Ordnance Station, Louisville, Kentucky, which was forwarded to our Office by the Comptroller of the Navy. The request is in lieu of arbitration of the grievance concerning computation of FLSA overtime, and the request is being handled under our Labor- Management Procedures set forth in 4 C.F.R. Part 22 (1982). The submission from the union states that three employees, Messrs. Robert M. Doerhoefer, Thomas K. Recktenwald, and Calvin J. Shindler, have filed a grievance

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