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B-203915 1 (1982-06-08)

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    FILE; B-203915                 DATE : June 8, 1982

    MATTER OF:    George K. Derby -Overtime Compensation and
                  Per Diem for Travel Delays - Personal
                  Convenience
    DI31EE3T:
              1. Employee, nonexempt under the Fair Labor.
                  Standards Act (FLSA), after completion
                  of temporary duty on Friday afternoon,
                  went on personal trip, took; annual leave
                  on Monday, and used Tuesdiy as day of
                  travel to return to his office,  Agency's
                  charge of 8 hours to employee's annual
                  leave account is within its administra-
                  tive discretion and reasonable under
                  these circumstarvces.

              2. No additional per diem is payable to em-
                  ployee by reason of his failure to return
                  to headquarters on the woe;end, and per
                  diem entitlement is limited to amount
                  otherwise payable if the return travel
                  had been performed after completion of
                  temporary duty on Friday without interrup-
                  tion.  Agency'u allowance of 3/4 day's per
                  diem is corruct and reasonable.

              3. Our so-called two-day per diem r'ule
                  merely governs payment of per diem when
                  employee delays travel in order to travel
                  during regularly scheduled working hours.
                  Entitlement to overtime compensation is
                  determined by distinct and additional
                  criteria contained in three statutes which
                  are either not applicable or whose criteria
                  are not met in the present case.


            Elizabeth N. Rose, an authorie1 certifying officer
      with the Bureau of Mines, Department. of the interior
      requests an advance decision on the  charge of 8 hours
      to the annual. leave accoint of Mr. George K. eDrby made
      by the Departr,ent for March 17, 1981. For the following
      reasons, we conclude th-it the charge wau proper.

           Mr. Derby is an Engineering Technician with thr
      Bureau of Mines, Spokane, Washington, and the record






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