Claim for Retroactive Temporary Promotion and Backpay

An employee appealed the decision of a Claims Division settlement in which his claim for a retroactive temporary promotion and backpay was denied. The employee, a GS-13, allegedly performed the duties of a position which was eventally classified as a GS-14. At the time the position was classified, the employee had served in the position for 7 months and was detailed into it for a period not to exceed 60 days; he was relieved of those duties about 3 months later. The Claims Division denied the claim for the period before the position became classified because it was not an established, classified position. According to prior GAO decisions and Civil Service regulations, an employee is entitled to a retroactive temporary promotion and backpay only if he has been detailed to a higher graded position for 120 days without Civil Service Commission approval. In this case, the employee was not detailed to the GS-14 position for more than 120 days and did not qualify for a temporary retroactive promotion after the position was classified. Therefore, the action of the Claims Division denying the claim was sustained.