B-120068, JUNE 9, 1954, 33 COMP. GEN. 592

B-120068: Jun 9, 1954

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COMPENSATION - REDUCTION IN FORCE DEMOTION - RESTORATION - BACK PAY RIGHTS FOR LEAVE WITHOUT PAY PERIOD AN EMPLOYEE WHO WAS DEMOTED AS A RESULT OF REDUCTION IN FORCE AND WHO SIGNED A STATEMENT OF AVAILABILITY FOR A LOWER GRADE POSITION UNDER PROTEST. WHO WAS COVERED IN LEAVE-WITHOUT-PAY STATUS AFTER EXHAUSTION OF LEAVE. IS NOT ENTITLED UNDER THE BACK PAY PROVISIONS OF THE ACT OF JUNE 10. 1954: REFERENCE IS MADE TO YOUR LETTER OF MAY 14. HE WAS CHANGED TO LOWER GRADE IN LIEU OF REDUCTION IN FORCE FROM GS-11 TO GS-4. HE WAS CARRIED AS IN A LEAVE WITHOUT-PAY STATUS DURING THE PERIOD COVERED BY THE PRESENT VOUCHER. THIS WAS ADMINISTRATIVELY ACCOMPLISHED EFFECTIVE APRIL 19. IT THUS APPEARS THAT THE CLAIMANT WAS NOT SEPARATED OR SUSPENDED WITHOUT PAY INVOLUNTARILY FOR THE PERIOD IN QUESTION.

B-120068, JUNE 9, 1954, 33 COMP. GEN. 592

COMPENSATION - REDUCTION IN FORCE DEMOTION - RESTORATION - BACK PAY RIGHTS FOR LEAVE WITHOUT PAY PERIOD AN EMPLOYEE WHO WAS DEMOTED AS A RESULT OF REDUCTION IN FORCE AND WHO SIGNED A STATEMENT OF AVAILABILITY FOR A LOWER GRADE POSITION UNDER PROTEST, BUT WHO DID NOT REPORT FOR DUTY DUE TO PERSONAL ILLNESS, AND WHO WAS COVERED IN LEAVE-WITHOUT-PAY STATUS AFTER EXHAUSTION OF LEAVE, IS NOT ENTITLED UNDER THE BACK PAY PROVISIONS OF THE ACT OF JUNE 10, 1948, TO COMPENSATION FOR THE PERIOD OF LEAVE WITHOUT PAY.

ACTING COMPTROLLER GENERAL WEITZEL TO MURIEL B. SCOTT, DEPARTMENT OF COMMERCE, JUNE 9, 1954:

REFERENCE IS MADE TO YOUR LETTER OF MAY 14, 1954, REQUESTING DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE PAYROLL VOUCHER THEREWITH TRANSMITTED PROPOSING THE PAYMENT OF $5,685.20, TO ANDREW C. TAIT, AN EMPLOYEE OF THE BUSINESS AND DEFENSE SERVICES ADMINISTRATION, DEPARTMENT OF COMMERCE. THE AMOUNT REPRESENTS COMPENSATION AT THE RATE OF $6,940 PER ANNUM IN GRADE GS-11 FOR THE PERIOD JUNE 24, 1953 TO APRIL 18, 1954.

IT APPEARS THAT MR. TAIT RECEIVED A REDUCTION IN FORCE NOTICE MARCH 26, 1953, FIXING THE LAST DAY OF ACTIVE DUTY AS APRIL 26, 1953. ON APRIL 24, HE SIGNED A STATEMENT OF AVAILABILITY OF GS-4 POSITION WITH CIVIL AERONAUTICS ADMINISTRATION, UNDER PROTEST. NOTICE DATED APRIL 24, 1953, AND SUBSEQUENT NOTICES, EXTENDED HIS TENURE IN GRADE GS-11 TO JUNE 23, 1953, ON ACTIVE DUTY IN AN ANNUAL AND SICK LEAVE STATUS. EFFECTIVE JUNE 24, 1953, HE WAS CHANGED TO LOWER GRADE IN LIEU OF REDUCTION IN FORCE FROM GS-11 TO GS-4. MR. TAIT DID NOT REPORT FOR DUTY IN THE GRADE GS-4 POSITION DUE TO ALLEGED PERSONAL ILLNESS. ACCORDINGLY, HAVING EXHAUSTED HIS LEAVE, HE WAS CARRIED AS IN A LEAVE WITHOUT-PAY STATUS DURING THE PERIOD COVERED BY THE PRESENT VOUCHER. UNDER DATE OF MARCH 25, 1954, THE CIVIL SERVICE COMMISSION ORDERED HIS RESTORATION TO GS-11 RETROACTIVELY FROM JUNE 24. THIS WAS ADMINISTRATIVELY ACCOMPLISHED EFFECTIVE APRIL 19, 1954.

IT THUS APPEARS THAT THE CLAIMANT WAS NOT SEPARATED OR SUSPENDED WITHOUT PAY INVOLUNTARILY FOR THE PERIOD IN QUESTION, AND THAT HIS LEAVE-WITHOUT- PAY STATUS IN THE GRADE GS-4 POSITION DURING THE PERIOD INVOLVED WAS FOR PERSONAL REASONS, AND THAT HAD HE REPORTED FOR DUTY JUNE 24, WHEN HE WAS REDUCED TO GRADE GS-4 HE WOULD HAVE BEEN IN A PAY STATUS DURING THIS PERIOD. THIS OFFICE HAS CONSISTENTLY HELD THAT A RESTORATION FROM A DEMOTION TO A LOWER GRADE DOES NOT ENTITLE THE EMPLOYEE TO BACK PAY OF THE HIGHER RATE UNDER THE PROVISIONS OF THE ACT OF JUNE 10, 1948, 62 STAT. 354. SEE 31 COMP. GEN. 344.

UPON THE FACTS STATED, THE PERIOD OF MR. TAIT'S LEAVE WITHOUT PAY DID NOT CONSTITUTE A SUSPENSION WITHOUT PAY WITHIN THE PURVIEW OF THE ACT OF JUNE 10, 1948, PUBLIC LAW 623. ACCORDINGLY, HE IS NOT ENTITLED TO COMPENSATION FOR THE PERIOD IN QUESTION, AND THE VOUCHER MAY NOT BE CERTIFIED FOR PAYMENT.