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B-231800 1 (1989-02-03)

handle is hein.gao/gaobadnjo0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20648 Decision Eunita Davis - Claim for Overtime - Travel During Matter of: Nonduty Hours File: B-231800 Date: February 3, 1989 DIGEST An employee may not be paid overtime or compensatory time for travel outside her regular duty hours on the basis that her travel, which was delayed due to bad weather, was under arduous conditions or that it was an event that could not be controlled administratively. The event that necessitated the employee's travel was the return to her permanent duty station and not the airline's action in rerouting her travel. Further, travel by common carrier, including airlines, is not travel under arduous conditions. DECISION This decision is in response to a joint request under 4 C.F.R. part 22 (1988) from the Department of the Treasury, Internal Revenue Service (IRS), and the National Treasury Employees Union, National Office, Chapter #65. The issue is whether an IRS employee is entitled to overtime compensation or compensatory time for time spent in travel outside of normal work hours when a delay in travel causes the employee to return later than expected from an official duty assignment. For the reasons that follow, we conclude that an employee may not be paid overtime or compensatory time under these circumstances. BACKGROUND Briefly stated, the facts are that Ms. Eunita Davis, an IRS employee, left her temporary duty station in Ogden, Utah, on Friday, aboard an airline flight en route to her permanent duty station in Washington, D.C. The flight was scheduled to arrive in Washington at 6:30 p.m.; however, due to weather conditions the fliqht was rerouted to Philadelphia, and Ms. Davis completed her trip to Washington by bus, arriving at 12:45 a.m. Saturday. Her next scheduled workday was Monday. 0-4C91/37U4

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