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B-214477 1 (1984-04-18)

handle is hein.gao/gaobadlqp0001 and id is 1 raw text is: THE COMPTROLLER OENSRAL OKCISION OP THU UNITEO STATUE WASHINOTON. 0.C. 20548 FILE: B-214477 DATE: April 18, 1984 MATTER OF: Overtime.Compensation for Firefighters DIGEST: Decisions in Matter of Overtime Compensation for Firefighters, 62 Comp. Gen. 216 (1983) and Matter of Gipson, B-208831, April 15, 1983, held that where a firefighter's over- time compensation under the Fair Labor Standards Act is reduced as a result of court leave or military leave, the firefighter is entitled to receive the same amount of com- pensation as he would normally receive for his regularly scheduled tour of duty in a biweekly work period. The decisions in Firefighters and Gipson are retroactively effective since they involve an original construction by this Office of the court leave and military leave provisions. 5 U.S.C. SS 6322 and 6323. This matter is in response to inquiries to this Office concerning whether the decisions of this Office in Matter of Overtime Compensation for Firefighters, 62 Comp. Gen. 216 (1983) and Matter of Gipson, B-208831, April 15, 1983, are to be retroactively applied. It has recently come to our attention that several firefighters employed by the Depart- ment of the Air Force have filed claims for retroactive overtime compensation as a result of the Firefighters and Gipson decisions. Apparently, none of these claims have been allowed and it is the understanding of these fire- fighters that the Air Force has determined that the decision in Firefighters should only be applied prospectively. The holding in Firefighters and Gipson should be applied retro- actively and any claims arising from these decisions are subject to the 6-year limitations on claims set forth in 31 U.S.C. S 3702(b). In Firefighters we held that under the court leave provision, 5 U.S.C. S 6322, firefighters are entitled to receive the same amount of pay as they would otherwise receive under the Fair Labor Standards Act, 29 U.S.C. S 201 et seq., notwithstanding periods of court leave during their regularly scheduled tour of duty. We ruled that the firefighters were entitled to receive the same compensation,

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