B-178759, MAR 12, 1975
Highlights
UNDER THE ACT ON TEMPORARY BASIS FOR 4-DAY PERIOD EACH WEEK MAY BE PAID TRAVEL EXPENSES AND PER DIEM EN ROUTE SO LONG AS PAYMENT DOES NOT EXCEED PER DIEM THAT WOULD HAVE BEEN PAID HAD EMPLOYEE STAYED IN WASHINGTON FOR THE 3 NONWORKDAYS. TRAVEL AND PER DIEM PAYMENTS UNDER THE INTERGOVERNMENTAL PERSONNEL ACT: OUR DECISION IS REQUESTED REGARDING THE TREATMENT OF TWO SITUATIONS UNDER THE INTERGOVERNMENTAL PERSONNEL ACT (5 U.S.C. 3371. WE ARE ASKED WHETHER AN EMPLOYEE. WHOSE PLACE OF RESIDENCE AND WHOSE PRESENT PERMANENT DUTY STATION IS BALTIMORE. WHOSE PLACE OF ASSIGNMENT WILL BE BETHESDA. ALTHOUGH THE DAILY COMMUTING WILL BE BETWEEN THE EMPLOYEE'S PLACE OF RESIDENCE AND PLACE OF DUTY. WE ARE ASKED WHETHER AN EMPLOYEE.
B-178759, MAR 12, 1975
1. EMPLOYEE ASSIGNED UNDER INTERGOVERNMENTAL PERSONNEL ACT TO BETHESDA, MARYLAND, ON TEMPORARY DUTY, WHO DESIRES TO COMMUTE EACH DAY TO BETHESDA FROM RESIDENCE IN BALTIMORE, MARYLAND, EMPLOYEE'S ORIGINAL PERMANENT DUTY STATION, MAY BE PAID TRAVEL EXPENSES, INCLUDING A PER DIEM ALLOWANCE AND MILEAGE FOR USE OF AUTOMOBILE IN ACCORDANCE WITH FEDERAL TRAVEL REGULATIONS. 2. EMPLOYEE ASSIGNED TO WASHINGTON, D.C., UNDER THE ACT ON TEMPORARY BASIS FOR 4-DAY PERIOD EACH WEEK MAY BE PAID TRAVEL EXPENSES AND PER DIEM EN ROUTE SO LONG AS PAYMENT DOES NOT EXCEED PER DIEM THAT WOULD HAVE BEEN PAID HAD EMPLOYEE STAYED IN WASHINGTON FOR THE 3 NONWORKDAYS; PER DIEM PAYMENTS FOR 4 WORKDAYS IN WASHINGTON WOULD ALSO BE PERMISSIBLE.
TRAVEL AND PER DIEM PAYMENTS UNDER THE INTERGOVERNMENTAL PERSONNEL ACT:
OUR DECISION IS REQUESTED REGARDING THE TREATMENT OF TWO SITUATIONS UNDER THE INTERGOVERNMENTAL PERSONNEL ACT (5 U.S.C. 3371, ET SEQ.). FIRST, WE ARE ASKED WHETHER AN EMPLOYEE, WHOSE PLACE OF RESIDENCE AND WHOSE PRESENT PERMANENT DUTY STATION IS BALTIMORE, MARYLAND, AND WHOSE PLACE OF ASSIGNMENT WILL BE BETHESDA, MARYLAND (A DISTANCE FROM BALTIMORE OF APPROXIMATELY 50 MILES), ASSIGNED UNDER THE ACT TO AN EXECUTIVE DEPARTMENT MAY BE PAID TRAVEL EXPENSES BETWEEN BETHESDA AND BALTIMORE AND A PER DIEM ALLOWANCE IN A TEMPORARY TRAVEL STATUS BECAUSE HE DOES NOT DESIRE TO MAKE A PERMANENT CHANGE OF STATION MOVE, ALTHOUGH THE DAILY COMMUTING WILL BE BETWEEN THE EMPLOYEE'S PLACE OF RESIDENCE AND PLACE OF DUTY. SECONDLY, WE ARE ASKED WHETHER AN EMPLOYEE, WHOSE PLACE OF RESIDENCE IS NEW YORK, WHOSE PERMANENT EMPLOYMENT IS SUCH THAT HE CANNOT BE ASSIGNED FULL TIME UNDER THE ACT, AND WHO IS CONSEQUENTLY ASSIGNED PART TIME TO DUTIES IN WASHINGTON, D.C., MAY BE REIMBURSED FOR TRAVEL EXPENSES FOR THE WEEKLY ROUND-TRIP TRAVEL BETWEEN THE TWO CITIES AND A PER DIEM ALLOWANCE FOR THE DAYS SPENT IN WASHINGTON.
CONCERNING THE FIRST QUESTION, TREATING BETHESDA AS A TEMPORARY DUTY STATION, THE EMPLOYEE MAY BE PAID TRAVEL EXPENSES FOR DAILY COMMUTING BETWEEN BALTIMORE AND BETHESDA. MILEAGE FOR USE OF A PRIVATELY OWNED CONVEYANCE AND PER DIEM WOULD BE ALLOWABLE SUBJECT TO THE APPLICABLE PROVISIONS OF THE FEDERAL TRAVEL REGULATIONS. SEE B-178759, AUGUST 6, 1973, IN WHICH WE PERMITTED AN IPA EMPLOYEE THE OPTION OF RECEIVING BENEFITS APPLICABLE TO NON-IPA EMPLOYEES IN EITHER A PERMANENT CHANGE OF DUTY SITUATION OR A TEMPORARY DUTY STATUS. PARTICULARLY, AS TO PER DIEM NOTE, HOWEVER, THE 10-HOUR RESTRICTION IN FTR PARA. 1-7.6.D(1) (MAY 1973).
REGARDING THE SECOND QUESTION OF WHETHER TRAVEL EXPENSES MAY BE PAID AN EMPLOYEE FOR WEEKLY ROUND-TRIP EXPENSES BETWEEN NEW YORK AND WASHINGTON, D.C., WHEN THAT EMPLOYEE IS ASSIGNED TO TEMPORARY DUTY IN WASHINGTON FOR A 4-DAY PERIOD, WE BELIEVE THAT SUCH TRAVEL EXPENSES AND PER DIEM EN ROUTE MAY BE PAID AS LONG AS THESE PAYMENTS DO NOT EXCEED THE PER DIEM PAYMENTS THAT WOULD BE REQUIRED TO BE PAID THE EMPLOYEE IF HE STAYED IN WASHINGTON FOR THE 3 NONWORKDAYS. B-172565, AUGUST 3, 1971; B-179213, NOVEMBER 6, 1973. PAYMENT TO THE EMPLOYEE OF A PER DIEM ALLOWANCE FOR THE 4 DAYS SPENT ON TEMPORARY DUTY IN WASHINGTON WOULD ALSO BE PERMISSIBLE. 179213, SUPRA. ..END :