Intermittent Consultant and Commuting Expenses

A certifying officer asked whether a consultant may be regarded as an intermittent consultant and entitled to travel expenses between his residence (Tucson, Arizona) and official duty station in Washington, D.C., and to per diem while on official duty at Washington. The agency appointed the claimant to the position of intermittent consultant effective June 13, 1977 for a period not to exceed 100 days. The consultant status terminated when the claimant was converted to a permanent position at grade GS-15. While in the consultant status, the claimant was almost continuously in a travel status. Despite his intermittent consultant appointment, the claimant was ordinarily paid for a 40-hour work week between June 13, l977 and October 30, l977. Because of the 40-hour week the certifying officer questioned the employee's entitlement to travel expenses. As an intermittent consultant is entitled to travel expenses between residence and official duty station and to per diem according to Federal statute, the claimant may be paid. Actual irregular employment rather than formal appointment designation determines whether a consultant is an intermittent employee. But, agency intent to have a consultant work occasionally without regularly scheduled 40-hour week may result in intermittent employment status, even though for relatively short periods the consultant is required to work 40 hours weekly because of an unexpectedly heavy workload.