Office of the General Counsel

Date: April 1, 1999
Matter of: [xxx]
File Number: S002601

OPM Contact: Murray M. Meeker

The claimant, a retired veterinarian formerly employed by the [xxx], seeks compensation for time spent traveling to poultry processing plants during the period from March 27, 1995 through December 31, 1997. For the reasons discussed herein, the claim is denied.

The statutory provision governing the issue raised in this claim, 5 U.S.C. 5542(b)(2), provides as follows:

(2) time spent in a travel status away from the official duty station of an employee is not hours of employment unless-

(A) the time spent is within the days and hours of the regularly scheduled administrative workweek of the employee, including regularly scheduled overtime hours; or

(B) the travel (i) involves the performance of work while traveling,(ii) is incident to travel that involves the performance of work while traveling,(iii) is carried out under arduous conditions, or (iv) results from an event which could not be scheduled or controlled administratively.

(Emphasis added.)

Congress has affirmatively prohibited the payment of overtime pay for travel time unless the conditions of the statutory exception are met. See William C. Boslet, B-196195, February 2, 1981. Because the times that veterinarians must be present at poultry processing plants are subject to the control of the Agency, time spent traveling to and from the plants outside an employee's regular duty hours may not be considered hours of work for purposes of overtime under 5 U.S.C.  5542(b)(2)(B)(iv).

This settlement is final. No further administrative review is available within OPM. Nothing in this settlement limits the claimant's right to bring an action in an appropriate United States Court.