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B-209768 1 (1983-07-15)

handle is hein.gao/gaobadlfj0001 and id is 1 raw text is:                         T+OC0 COMPTROLLER GENERALON-Z

DECISION                OF THE UNITED STATES
                         WASHINGTON. 0. C. 20548




FILE:  B-209768               DATE: July 15, 1983

MATTER OF:    David Ehrich - Overtime Compensation for
              Fitness for Duty Examination
DIGEST:

     1. Employee was ordered to undergo
         fitness for duty examination which
         involved tests in a hospital for a
         period of 3-1/2 days, and he claims
         overtime compensation for that
         period. Under 5 C.F.R. S 551.425(b)
         time spent taking a physical
         examination that is required for the
         employee's continued employment with
         the agency shall be considered hours
         of work under the Fair Labor Standards
         Act (FLSA). 29 U.S.C. §§ 201 et seq.
         However, when an employee is in a
         hospital for the examination, only the
         actual examination time is credited as
         hours of work and hours during which
         the employee is eating, sleeping,
         etc., are not creditable work hours.

     2. The General Accounting Office will
         accord great weight to OPM's
         administrative determination as to
         employee's entitlements under the
         FLSA. We will not disturb OPM's
         determinations unless clearly
         erroneous. 60 Comp. Gen. 354 (1981).

     3. Absences with pay such as annual leave
         are not periods of work for the
         purposes of FLSA entitlement.

     4. Although time spent taking a physical
         examination that is required for the
         employee's continued employment with
         the agency shall be considered hours
         of work under FLSA, such time is not
         hours of work under 5 U.S.C. S 5542.


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