About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-208831 1 (1983-04-15)

handle is hein.gao/gaobadlah0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, 0. C. 20548 FILE: B-208831 DATE: April 15, 1983 MATTER OF: David L. Gipson DIGEST: When a firefighter's overtime is reduced as a result of military leave for National Guard training, the firefighter is enti- tled to receive the same amount of compen- sation as he normally receives for his regularly scheduled tour of duty in a biweekly work period. The military leave provision, 5 U.S.C. S 6323, expressly pro- vides that an employee is entitled to leave for military duty without reduction or loss of pay. An authorized official of the Defense Logistics Agency has asked us to issue an advance decision concerning the entitlement of Mr. David L. Gipson, a firefighter for the Defense Logistics Agency, Richmond, Virgina, to additional premium pay when his overtime entitlement under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., is reduced due to military leave for National Guard duty during his regularly scheduled tour of duty. Mr. Gipson, when absent from work during his tour of duty while on military leave, is entitled to receive the same amount of pay which he would otherwise receive for working his regularly scheduled 144-hour tour of duty in a biweekly pay period. Mr. Gipson is regularly scheduled to work a tour of duty of 144 hours in each biweekly pay period. Apparently, for each week he is scheduled for a 72-hour tour of duty consisting of three 24-hour shifts. During each 24-hour shift he is in a work status for 8 hours and in a standby status, including a designated sleep period, for the remain- ing 16 hours. For this extended tour of duty, he receives his basic rate of pay and premium pay of 25 percent of his basic rate for the standby duty as authorized under 5 U.S.C. § 5545(c)(1). See 55 Comp. Gen. 908 (1976). Since he receives premium pay for the regularly scheduled standby duty, he is not entitled to receive overtime pay under 5 U.S.C. § 5542(a) for regularly scheduled overtime within this 144-hour biweekly pay period.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most