Did you know? Management CANNOT make you work for comp time !

 

MASTER AGREEMENT ARTICLE 21 - HOURS OF WORK AND OVERTIME

Section 4 - General Overtime Provisions

F. Those employees eligible by Title 5 or Title 38 can accrue and use compensatory time (CT) when approved by the Department. Eligible employees may request compensatory time off in lieu of premium pay for overtime (OT) work. The approving official will consider staffing needs in the decision whether to approve compensatory time. Supervisors shall not require the above mentioned employees to take compensatory time in lieu of overtime pay. Appropriate officials or their designees, may, at the request of a GS or WS employee on a flexible schedule, grant compensatory time off in lieu of overtime pay, whether such overtime hours are regularly scheduled or irregular or occasional in nature. If the employee does not request compensatory time off in lieu of overtime pay, or if the employee's request for compensatory time off in lieu of overtime pay is not granted, the employee shall be compensated for such overtime under the applicable statutory provisions.

 

Management has several "tricks" to avoid paying overtime. The most used are "OT isn't authorized" or "we can only afford CT". Too bad. If a supervisor tells an employee "you have to work late" or knowingly lets an employee work late (or come to work early) this automatically obligates the VA to pay the overtime. The only exception is if an employee works late/early (or through their lunch) without authorization. Management will win the "OT wasn't authorized" battle every time this way.

If you find yourself not getting a lunch break the best way to handle it is to ask your supervisor "Do I get a lunch break or overtime today?" so management doesn't have a way out of paying OT or giving you a lunch break.