B-114676, JULY 3, 1953, 33 COMP. GEN. 6

B-114676, JULY 3, 1953, 33 COMP. GEN. 6

COMPENSATION - WITHIN-GRADE PROMOTIONS - SERVICE CREDITS - PART-TIME EMPLOYMENT - WAITING PERIOD REQUIREMENT AN EMPLOYEE WHOSE PART-TIME POSITION HAS BEEN CONVERTED TO FULL-TIME MAY COUNT THE PERIOD SPENT IN THE PART-TIME POSITION AS CREDITABLE SERVICE FOR A PERIODIC WITHIN-GRADE PROMOTION AS THOUGH THE SERVICE HAD BEEN PERFORMED IN A FULL-TIME POSITION.

COMPTROLLER GENERAL WARREN TO THE ACTING LIBRARIAN OF CONGRESS, JULY 3, 1953:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 13, 1953, REQUESTING A DECISION CONCERNING THE APPLICATION OF SECTION 25.11 (E) OF THE FEDERAL EMPLOYEES PAY REGULATIONS, Z1-314, FEDERAL PERSONNEL MANUAL, TO SERVICE REQUIREMENTS FOR PERIODIC STEP INCREASES OF CERTAIN EMPLOYEES OF THE LIBRARY OF CONGRESS. THE FACTS OF A CASE REPRESENTED TO BE TYPICAL OF OTHERS IN THE LIBRARY, AND YOUR SPECIFIC QUESTION WITH RESPECT THERETO ARE STATED AS FOLLOWS:

A LIBRARY OF CONGRESS EMPLOYEE WAS GIVEN A PROBATIONAL PART-TIME APPOINTMENT AT GRADE GS-4, $2875 PER ANNUM, ON JANUARY 30, 1951 AND ASSIGNED A REGULAR TOUR OF DUTY OF 4 HOURS PER DAY, FIVE DAYS PER WEEK. HE RESIGNED ON AUGUST 3, 1951. ON JUNE 23, 1952, HE WAS EMPLOYED AS A TEMPORARY PART-TIME EMPLOYEE, AT GRADE GS-4, $3175 PER ANNUM WITH A REGULAR TOUR OF DUTY OF 4 HOURS PER DAY, FIVE DAYS PER WEEK. HIS TEMPORARY APPOINTMENT WAS TERMINATED ON SEPTEMBER 14, 1952. AGAIN ON NOVEMBER 30, 1952 HE WAS GIVEN A PROBATIONAL FULL-TIME APPOINTMENT, AT GRADE GS-4, $3175 AND IS CURRENTLY EMPLOYED.

THE QUESTION ARISES AS TO WHETHER THE PART-TIME SERVICE INDICATED ABOVE MAY BE CREDITED AS FULL-TIME SERVICE IN COMPUTING CREDITABLE SERVICE TOWARDS COMPLETION OF THE REQUIRED 52 CALENDAR WEEKS OF SERVICE. IF IT IS CREDITABLE AS FULL-TIME SERVICE THEN THE EFFECTIVE DATE OF THE PERIODIC STEP INCREASE WOULD BE MARCH 2, 1953. IF IT IS NOT CREDITABLE AS FULL- TIME SERVICE, THEN THE EFFECTIVE DATE OF THE PERIODIC STEP INCREASE WOULD BE JULY 20, 1953, AT WHICH TIME HE WOULD HAVE COMPLETED 2080 HOURS. WE, THEREFORE, REQUEST A DECISION AS TO WHETHER THE PART-TIME SERVICE MAY BE CREDITED AS FULL-TIME OR PART TIME.

SECTION 25.11 OF THE FEDERAL EMPLOYEES PAY REGULATIONS DEFINES WAITING PERIOD AS FOLLOWS:

(E) WAITING PERIOD IS THE MINIMUM TIME REQUIREMENT OF CREDITABLE SERVICE WITHOUT AN EQUIVALENT INCREASE IN COMPENSATION IN ORDER TO BE ELIGIBLE FOR CONSIDERATION FOR A PERIODIC STEP-INCREASE. THE WAITING PERIOD FOR EITHER FULL-TIME OR REGULAR PART-TIME EMPLOYEES IS 52 CALENDAR WEEKS FOR GRADES WITH STEP-INCREASES OF LESS THAN $200, AND 78 CALENDAR WEEKS FOR GRADES WITH STEP-INCREASES OF $200 OR MORE. (A CALENDAR WEEK IS A TOTAL OF ANY 7 CALENDAR DAYS BEFORE, BEGINNING WITH, OR AFTER A SPECIFIED DAY.) THE WAITING PERIOD SHALL NOT BE INTERRUPTED WHERE THE EMPLOYEE'S SERVICES ARE TERMINATED ON THE LAST DAY OF HIS REGULARLY SCHEDULED ADMINISTRATIVE WORKWEEK AND HIS NEXT APPOINTMENT IS MADE EFFECTIVE ON THE FIRST DAY OF THE NEXT REGULARLY SCHEDULED ADMINISTRATIVE WORKWEEK FOR HIS NEW POSITION. CREDITABLE SERVICE, IN THE COMPUTATION OF WAITING PERIODS, INCLUDES:

(3) PAID CIVILIAN EMPLOYMENT PRIOR TO A NON-PAY PERIOD, INCLUDING SEPARATION, PROVIDING SUCH NON-PAY PERIOD WAS NOT IN EXCESS OF FIFTY TWO CALENDAR WEEKS. WHERE SUCH PRIOR SERVICE IS CREDITED, THERE MUST BE SUFFICIENT CURRENT CREDITABLE SERVICE TO COMPLETE THE WAITING PERIOD.

UNDER THE QUOTED DEFINITION IN THE REGULATIONS IT IS APPARENT THAT THE "WAITING PERIOD" IS THE SAME, IN TERMS OF CALENDAR WEEKS, FOR BOTH FULL- TIME AND PART-TIME EMPLOYEES. ACCORDINGLY, IN THE CASE UNDER CONSIDERATION ANY PART-TIME SERVICE WITHIN THE PURVIEW OF REGULATION 25.11 (E) (3) PROPERLY MAY BE REGARDED AS CREDITABLE SERVICE FOR THE PURPOSE OF GRANTING PERIODIC WITHIN-GRADE PROMOTIONS EITHER TO AN EMPLOYEE WHO CONTINUES TO SERVE IN A PART-TIME CAPACITY OR TO ONE WHOSE STATUS HAS BEEN CONVERTED IN THE INTERIM FROM PART TIME TO FULL TIME.