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B-202864 1 (1983-09-02)

handle is hein.gao/gaobadlhi0001 and id is 1 raw text is: I -0-1,L -A -_/ &_ i - # * THE COMPTROLLER GENERAL OECISION . OF THE UNITBO STATES WASHINGTON. D.C. 20549 4'.UN ITE. FILE: B-202864 DATE: September 2, 1983 MATTER OF: Reconsideration of Howard L. Young B-202864, August 10, 1982 - Overtime Compensation DIGEST: Decision denying claim of employee for overtime compensation for period he was away on military leave is reversed. Claim was denied because although overtime was regularly scheduled, it was not clear that employee would have been required to work the overtime involved. Newly submit- ted evidence shows that employee would have been required to work and his claim is therefore allowed. Mr. Howard L. Young has requeLted reconsideration of our decision, Howard L. Young, B-202864, August 10, 1982, by which we denied his claim for overtime compensation for the period he was on military leave from his civilian position at the Naval Air Rework Facility (NARF) in Jacksonville, Florida. Mr. Young's claim is based on 5 U.S.C. S 6323, which requires that an employee receive the same compensation he otherwise would have received had he not been away on military leave. As we pointed out in our earlier decision, we have held that in order for overtime work to -'e :ompensable with respect to an employee on military leave, the overtime duty must have been regularly scheduled, and it must have been clear that the employee would have been required to work the overtime. Lewis E. Keith, Jr., B-159835, March 11, 1976, and cases cited therein. Our decision of August 10, 1982, resulted from Mr. Young's appeal from our Claims Group's denial of his claim on the grounds that neither of the prerequisites for compensation had been met--namely, that the overtime for which he sought compensation was not regularly scheduled nor was it clear that he would have been required to work the overtime in question. Although we determined that the overtime was regularly scheduled because it was authorized in advance and was scheduled to recur on successive days, we agreed with our Claims Group that Mr. Young had not shown that he would have been required to work the overtime in question. ()),UL5o9

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