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B-159779 1 (1978-04-25)

handle is hein.gao/gaobadfxr0001 and id is 1 raw text is: 







                                THE  COMPTROLL.R OENERAL
    DECISION        .         .OF THE       UNITED        UTATEe
                                WNAUHCITCJN, V.C. ROS4




   FILE:    B-159779                   DATE:  April 25, 1978

   MATTER OF:      Bureau of Engraving - Night Shift Employees on Duty
                   When Daylight Savings Time Becomes Effective

   DIGEST:     Employees who nave regularly scheduled night shifts are
              charged 1 hour of annual leave when they work only 7 hours
              on last Sunday in April when daylight savings time
              begins.  Alternatively, agency may, by union agreement
              or agency policy, permit employees to work an additional
              hour on that day as method of maintaining regular 8-hour
              shift and normal pay.  Administrative leave is not a
              proper alternative.


     By letter dated January 18, 1978, The Honorable William J. Beckhan, Jr.,
Assistant Secretary (Administration), Department of the Treasury, requests
our decision whether it would be permissible for the Bureau of EngravIng
and Printint to grant emplJyees I hour of administrative leave when they
are on a regularly scheduled night shift and would otherwise lose 1 hour
of work and pay due to the change from standard time tu duylight savings
time at 2  a..m. on the inst. Sunday in April pursuant to 15 U.S.C. 160a(a)
(1976).

   I The p:esent policy of te Bureau is to charge employees 1 hour of
annual leave (or, 11 necessary, leave without pay) when the change to
daylight savings time occurs. That policy is in accord with our
decision in 26 Corp. Gen. 921 (194/) which states that it is proper
to permit employees to use anrnual leave to avoid the loss of pay and
benefits.  The Assistant Secretary points out that a more recent decision,
53 Comp. Gen. 292 (1973), reiterates the propriety of the prior decision
regarding the charging of annual leave. That decision also holds that,
under the applicable statutes and regulationsan employee may not be
paid Sunday premium pay for that hour, but is entitled to night differential
for the hour of annual leave if his total paid leave for the period is
less than 8 hours.

     The Assistant Secretary notes that, under our decisions, the
employees concerned lose 1 hour of annual leave, designed for personal
use at the employees' discretion, through what is easentially an
involuntary process.  Also, the situation occurs every year and affects
approximately 20 employees in the Bureau.

     The Assistant Se,;retary specifically asks the following questions:

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