Night Differential and Annual Leave

By on January 6, 2015 in Pay & Benefits, Q&A with 0 Comments

Q:  Will I be paid night pay if I have annual leave for the whole pay period (80 hours); night tour is my regular shift?

A:  Since you did not indicate which pay system covered your job I will answer this question for both GS positions and FWS jobs…

If you are a GS employee or equivalent, then the regulations at 5 C.F.R. § 550.122(b) authorize payment of night differential for regularly scheduled night work only when the total amount of paid leave during a pay period is less than 8 hours. So a GS employee who is on paid leave for the whole pay period is not eligible for night pay during that pay period.

In contrast, if you are a Federal Wage System (FWS) employee assigned to a WG, WL or WS job and you are regularly assigned to a night shift, then under the regulations at 5 C.F.R. § 532.505(e) your night differential continues during a period of paid leave. So an FWS employee who is on leave for a full pay period will continue to receive night pay during that pay period.

Wayne Coleman is a federal pay expert available to help your agency avoid premium pay claims through on-site training. Contact him for more information.

© 2016 Wayne Coleman. All rights reserved. This article may not be reproduced without express written consent from Wayne Coleman.

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About the Author

Wayne Coleman is a senior consultant who has written about and provided training on overtime and premium pay, on the principles of FLSA coverage and exemption, and on related federal compensation issues at many different Federal agencies for almost 40 years. He can be reached at wayneslyhouse@comcast.net.

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