B-148827, MAY 23, 1962

B-148827: May 23, 1962

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LANE WAS EMPLOYED ON OCTOBER 17. THE LENGTH OF THIS APPOINTMENT WAS TWICE EXTENDED. THE NOTIFICATION OF PERSONNEL ACTIONS SPECIFICALLY SAY THAT THE TOTAL WORK UNDER THE APPOINTMENT IS NOT TO EXCEED 700 HOURS. IT WAS DISCOVERED ON MARCH 22 THAT MRS. HER SERVICES WERE THEREFORE TERMINATED ON MARCH 22. THE 700 HOUR LIMITATION WAS REACHED ON FEBRUARY 16. LANE HAD WORKED AND BEEN PAID FOR 784 HOURS REGULAR TIME AND 3 HOURS OVERTIME WHEN IT WAS DISCOVERED THAT THE 700 HOUR LIMITATION HAD BEEN EXCEEDED. AGENCIES HAVE BEEN DELEGATED AUTHORITY BY THE CIVIL SERVICE COMMISSION TO MAKE AND EXTEND TEMPORARY LIMITED APPOINTMENTS UNDER SECTION 2.302B AS LONG AS TOTAL SERVICE DOES NOT EXCEED 700 HOURS DURING ANY CONSECUTIVE TWELVE MONTHS' PERIOD.

B-148827, MAY 23, 1962

TO FINANCE AND ACCOUNTING OFFICER, HEADQUARTERS, DEPARTMENT OF THE ARMY:

YOUR LETTER OF APRIL 5, 1962, AKPSH-FI, FORWARDED TO US BY THE OFFICE, CHIEF OF FINANCE, HEADQUARTERS, DEPARTMENT OF THE ARMY, FINKC, REQUESTS OUR DECISION WHETHER A VOUCHER IN THE GROSS AMOUNT OF $218.40 IN FAVOR OF SYLVIA P. LANE, MAY BE PAID.

MR. LANE WAS EMPLOYED ON OCTOBER 17, 1961, UNDER A TEMPORARY LIMITED APPOINTMENT UNDER CIVIL SERVICE REGULATION 2.302B NOT TO EXCEED DECEMBER 30, 1961, WITH TOTAL WORK NOT TO EXCEED 700 HOURS. THE LENGTH OF THIS APPOINTMENT WAS TWICE EXTENDED, THE SECOND EXTENSION NOT TO EXCEED MARCH 29, 1962. THE NOTIFICATION OF PERSONNEL ACTIONS SPECIFICALLY SAY THAT THE TOTAL WORK UNDER THE APPOINTMENT IS NOT TO EXCEED 700 HOURS. IN THE PROCESS OF FURTHER EXTENDING THE APPOINTMENT, IT WAS DISCOVERED ON MARCH 22 THAT MRS. LANE HAD WORKED BEYOND THE 700 HOUR LIMITATION. HER SERVICES WERE THEREFORE TERMINATED ON MARCH 22. THE 700 HOUR LIMITATION WAS REACHED ON FEBRUARY 16, 1962. MRS. LANE HAD WORKED AND BEEN PAID FOR 784 HOURS REGULAR TIME AND 3 HOURS OVERTIME WHEN IT WAS DISCOVERED THAT THE 700 HOUR LIMITATION HAD BEEN EXCEEDED. SHE HAD ALSO WORKED 112 HOURS FOR WHICH SHE HAS NOT BEEN PAID, THE COMPENSATION FOR WHICH WOULD BE 3218.40, THE AMOUNT SET FORTH IN THE VOUCHER.

AGENCIES HAVE BEEN DELEGATED AUTHORITY BY THE CIVIL SERVICE COMMISSION TO MAKE AND EXTEND TEMPORARY LIMITED APPOINTMENTS UNDER SECTION 2.302B AS LONG AS TOTAL SERVICE DOES NOT EXCEED 700 HOURS DURING ANY CONSECUTIVE TWELVE MONTHS' PERIOD. SEE FEDERAL PERSONNEL MANUAL LETTER 316-1, JUNE 1, 1961. NO APPROVAL BY THE COMMISSION HAS BEEN OBTAINED COVERING THE EXCESS SERVICES HERE.

MRS. LANE WAS NOT ENTITLED TO COMPENSATION UNDER HER APPOINTMENT FOR MORE THAN 700 HOURS SERVICE. ANY SERVICE IN EXCESS OF 700 HOURS MAY BE CONSIDERED ONLY AS EMPLOYMENT IN A DE FACTO STATUS.

THE ESTABLISHED RULE IS THAT A DE FACTO EMPLOYEE MAY RETAIN ANY COMPENSATION THAT HAS BEEN PAID TO HIM FOR HIS SERVICES, BUT HAS NO LEGAL GROUNDS FOR A CLAIM FOR UNPAID COMPENSATION. SEE 38 COMP. GEN. 175, B- 139888, JULY 9, 1959.

THEREFORE, MRS. LANE MAY RETAIN THE COMPENSATION ALREADY PAID TO HER, BUT THE VOUCHER, WHICH REPRESENTS UNPAID COMPENSATION, MAY NOT BE PAID. THE VOUCHER IS BEING RETAINED HERE.