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B-217080 1 (1985-06-03)

handle is hein.gao/gaobadcax0001 and id is 1 raw text is:            . us, URESTRICTrED -CP
                            THE  COMPTROLLER GENERAL
     DECISION       N     . OP  THE   UNITED     STATUE
                          0 WASHINGTON. D.C. 90549




     FILE:  B-217080              DATE:  June 3, 1985

     MATTER OF:   Ann Knodle - Flexible Work Schedule -
                  Office Closed Due to Weather Conditions

    OIGEST:r
          Agency- and union hadDegotiated-agreement-
          authorizing employees to use 5/4-9
          flexible work schedule under 5 U.S.C.
          S 6122(a). Employee elected first day
          of pay period as extra day off or flex
          day under flexible schedule. When agency
          was closed for that entire day because of
          weather conditions, she claimed entitle-       .
          ment to an additional day off in lieu of
          that day. Employees taking. day off or
          flex day under flexible schedule are in
          a nonpay status on those days, in contrast
          to employees on approved leave. Since the                     .
          employee was not in a pay status on the .
          day agency closed because of weather con-
          ditions, she has no entitlement to an
          additional  yoff    Her situation;is not       b
          analogous to a hliday bpe
          are in pay  &   oR holiday t          ni                l

      This matter wasb   mtted;'tb      &S    ` ,kquestifor273   i
  an advance decision from the Acting Director, Personnel
W Division, Internal Revenue Service (IRS). It was submitted
  at the request of the National Treasury Employees Union               z
  (NTEU). The question presented is whether an-employee on a
  flexible work schedule is entitled to an additional day off
  when the agency is closed because of weather conditions on a
  Previously scheduled day off or flex day. For the reasons
  set forth below, we hold that the employee has no entitle-
  ment to an additional day off without charge to leave or
  credit hours.

                         BACKGROUND

      Oh 0March 4, 1983, a negotiated agreement between
 the' IS, Denver District, and the NTEU was signed creating-
 an alternate work schedule program-(AWS)' -for bargaining-'
 unit employees. Article 2 of the agreement makes avail-
 able the 5/4-9 work schedule which, within a pay period' of






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