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B-194105(THK) 1 (1979-11-01)

handle is hein.gao/gaobacuah0001 and id is 1 raw text is: UNITED STATES GENERAL ACCOUNTING OFFICE WASHINGTON, D.C. 20548 IN REPLY REERf TO -194105 (THK) OFFICE OF GENERAL COUNSELE NOVEMBER 1, 1979 Mr. Raymond J. -Shallbetter 9872 Stanford Avenue Garden Grove, California 92641 Dear Mr. Shallbetter: By letter of January 23 .1979, you question whether your CO employing agency, the Nava eapons Station, Seal Beach, California,1 should exclude from its computation of overtime pay under the Fair Labor Standards Act (FLSA hours of paid absence for d holiday and annual leave Your letter suggests that such hours of paid absence are excludable for the purpose of determining whether an employee worked in excess of 40 hours in a workweek, but not for the purpose of computing the amount of his FLSA overtime entitlement. In accordance with Attachments 4 and 5 to Federal Personnel Manual Letter 551-1, May 15, 1974, copies enclosed, such hours must be ex- cluded to determine whether an employee actually worked in excess of 40 hours, as well as in computing the amount of his overtime pay under the FLSA. It appears that the advice you were given in this regard by the Naval Weapons Station's Comptroller is correct. For your information we are enclosing a copy of our decision, 54 Comp. Gen.. 371 (1974), which deals with the relationship between an employee's entitlements to overtime pay under the FLSA and title 5 of the U.S. Code. The decisions refer to FPM Letter 551-1, supra, and specifically recognizes that there are differences between an employee's entitlements under the two laws. One of those differences is that hours of paid absence are includable for the purpose of determining overtime entitlement under title 5, but are excluded under the FLSA. If paid leave were included, the FLSA computation would exceed the amount to which an employee is entitled under 29 U,S.C. § 207(c), create a faulty comparison between FLSA and title 5 compensation, and erroneously provide pay exceeding that computed by either method. Concerning delayed payment for any FLSA overtime in excess of that computed under 5 U.S.C. § 5542, we understand that minimal delay is administratively required until the excess amount is included 07674

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