Night Differential and Annual Leave

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

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.

About the Author

Wayne Coleman is a compensation consultant whose career at various Federal agencies and in private practice spans almost 40 years. During this time he 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. Wayne is available to help your agency avoid premium pay claims through consulting services and training. You can contact him at wayneslyhouse@comcast.net.