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B-209327 1 (1983-07-26)

handle is hein.gao/gaobadlfr0001 and id is 1 raw text is: -7 THE COMPTROLLER OENERAL DECISION . :.V)OF THE UNITED STATES WASHINGTON. 0.C. 20548 FILE: B-209327 DATE: July 26, 1983 MATTER OF: General Services Administration - Statutory Pay Ceiling - Compensatory Time Off for DIGEST: Religious Observances Employees whose salaries have reached the statutory limit may earn and use compensa- tory time for religious observances under 5 U.S.C. § 5550a, despite fact that they are not otherwise entitled to premium pay or compensatory time. In granting the authority for Federal employees to earn and use compensatory time for religious purposes, Congress intended to provide a mechanism whereby all employees could take time off from work in fulfillment of their religious obligations, without being forced to lose pay or use annual leave. Since section 5550a involves mere substi- tution of hours worked, rather than accru- al of premium pay, we conclude that compensatory time off for religious observances is not premium pay under Title 5, United States Code, and, there- fore, is not subject to aggregate salary limitations imposed by statute. The issue presented is whether certain Government employees whose pay has reached the aggregate pay limitation imposed by 5 U.S.C. S 5547, may be granted compensatory time off for religious observances, despite the fact that they are not otherwise entitled to receive premium pay. We hold that agencies may allow all of their employees, including those employees whose salaries have reached the aggregate pay limitation, to work hours in excess of the basic 40-hour workweek in order to compensate for time used when those employees remain absent fr , .vrz in fulfillment of their religicus czligations. This decision is in response to a letter from Ms. Allie 3. Iatimer, General Counsel of the General Services 1j.:-,inistration (GSA), reqiescing that we review sectio)n 3550a of Title 5, United 'States Code, to determine whether e' cies properly may grant compensatory time off for reli~iy observances to members of the Senior Executive

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