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B-194603(VBG) 1 (1979-05-14)

handle is hein.gao/gaobacuaq0001 and id is 1 raw text is: UNITED STATES GENERAL ACCOUNTING OFFICE A -'cK 2~ WASHINGTONs D.C. 20540 'An; 'C % b S IN REPLY OFFICE OF GENERAL COUNSEL B-l9460IvBQ) Mr. Frank I. Smith 19 834 Wisteria Place, E, Santa Ana, California 92701 Do nou tak Dear Mr. Smiths * .e I refer to your letter J which you ask severalgestions concerning pay for nightworkjnder5 U.S.C. § 5545(a) (1976), You state that your regular shift is 1600 to 0030 Monday through Friday and .you have beenaskUd to work 2 hours past your regular shift from 0030 to 0230,. You wish to know 'if you would be entitled to night pay for those 2 extra hours. A Comptroller General decision,in respone to your inquiry would not be approprinte at this time. Neveitheless, 'we offer the following information for your assistande. In order that: you be compensated night pay your' pightwork mudt be regularly scheduled work. ,Se 5 U.S.C. 5 5545(a)(1976), Gen.- erally, for nightwrk to constitute regularly' seheduled workjit must be duly authorized in advance and-must be scheduled to riad on successive days'\or after specified intervals' ,B-174388, March 22, 1973; 42 Comp, Gen. 326 (1962); and 40 id 397.(1961). Therefore, if an employee is otdered to perform nightwork on awone-time'basis, such work would not normally qualify for night-pay purposes. How- ever, there i an exception if an emlployee performs occasional overtime work within a regularly scheduled tour' of duty falling between the hours of 6 p.m. and 6 a.m. For example, where'the. 247hour day is divided into three regularly scheduled tours of duty and an employee, who normally works the day shift,performs occasional work between 6 p.. and 6 aam.,'that employee is entitled to night differential for the occasional overtime between those hours,. 34 Comp. Gen. 621 (1955) and B-174388,'February 28, 1972. An employee would be entitled to night pay on Saturdays when his work falls between 6 p.m. and 6 a.m. and when his work is considered regularly scheduled work under the above-cited decisions. 5 U.S.C. § 5545(a) (1976). cc/C

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