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B-193398 1 (1979-11-27)

handle is hein.gao/gaobadhtj0001 and id is 1 raw text is: -~ I ~ OECIBit FILE: B MATTER O DIGEST: THE COMPTROLLER GEN[ERAL OF THE-UNITEO STATES SWASHINGTON. 0.C. 2054 V, IT EO -193398 k DATE: Novem er 1979 F: Social Security Administration -uayment of Night Differential fo-. 1. Night differential under 5 U.S.C. § 5545(a) (1976) is payable not only to employees who regularly work a night shift but also to employees who per- form occasional overtime during a scheduled night shift, not necessarily in their tour of duty. How- ever, the scheduled night tour must be in the same office or work unit and must not be a special shift established for the convenience of one employee. See Comp. Gen. decisions cited. 2. Employees who perform overtime work at night in the absence of an established tour of duty may be paid night differential under 5 U.S. C. § 5545(a) (1976) when they habitually and recurrently per- form overtime at night due to the nature of their employment which requires them to remain on duty until their tasks are completed or until they are relieved from duty. See Comp. Gen. decisions cited. 3. Employees who perform overtime work at night in the absence of an established tour of duty may be paid night differential under 5 U. S. C. 5 5545(a) (1976) where such overtime is considered regu- larly scheduled work. Regularly scheduled means duly authorized in advance (at least 1 day) and scheduled to recur on successive days or after specified intervals. The overtime need not be subject to a fixed schedule each night but it must fall into a predictable and discernable pattern. See Comp. Gen. decisions cited. This decision is in response to a request, from the Department of Health, Education, and Welfare (HEW) concerning the payment of night differential to employees of the Social Security Adminis- tration (SSA) who perform occasional overtime work at night. The question raised by SSA is what constitutes regularly scheduled work as the phrase is used in 5 U.S.C. § 5545(a) (1976) which authorizes payment of night differential to certain employees who perform work between the hours of 6 p.m. and 6 a.m. uXOct 3N ( 7FfJ

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