Request for Retroactive Temporary Promotion

An employee appealed a Claims Division decision in which his request for a retroactive temporary promotion and backpay was denied. The employee maintained that during the periods of his claim his duties included administrative coordination and supervision. He stated that the supervision of personnel entitled him to backpay. It has long been held that an employee detailed to a higher graded position for more than 120 days without prior Civil Service Commission permission is entitled to a retroactive temporary promotion with backpay only when the employee is actually assigned to the higher graded position. In this case, the employee did not claim that he was detailed to a higher level position, and the record failed to indicate that positions classified at those grade levels had been established for more than 120 days during any of the three periods covered by his claim. The employee assumed that an employee who performs duties that would ordinarily be performed by an employee classified at a higher grade was entitled to backpay at the higher level. There was no evidence that the higher graded position which the employee allegedly filled was actually established for more than 120 days. Since the employee failed to prove that he was detailed to a higher graded position, the prior decision was sustained.