B-153241, DEC. 7, 1964
Highlights
YOUR LETTER SAYS: "* * * THE REQUIRED 52-WEEK WAITING PERIOD WAS COMPLETED CLOSE OF BUSINESS FEBRUARY 16. GRIFFIN WAS NOT ADVANCED TO STEP 4 UNTIL JULY 7. "OUR QUESTION IS WHETHER MRS. GRIFFIN SHOULD HAVE BEEN PLACED IN STEP 4 ON HER RETURN TO DUTY MARCH 18. PROVIDED THAT TIME IN A NONPAY STATUS IS CREDITABLE AS SERVICE TOWARD A WAITING PERIOD WHEN IT DOES NOT EXCEED TWO WORKWEEKS IN THE WAITING PERIOD FOR STEPS 2. GRIFFIN RETURNED TO DUTY SHE WAS REQUIRED TO MAKE UP 8 HOURS OF SERVICE CREDIT FOR ADVANCEMENT TO STEP 4 OF GRADE GS-6. SINCE THIS TIME COULD NOT HAVE BEEN MADE UP UNTIL THE CLOSE OF BUSINESS ON MARCH 18. GRIFFIN WAS NOT ENTITLED TO PAY AT THE FOURTH STEP OF GS-6 UNTIL THE PAY PERIOD COMMENCING ON MARCH 31.
B-153241, DEC. 7, 1964
TO MISS ETHELREDA C. FESMIRE, AUTHORIZED CERTIFYING OFFICER, OFFICE OF THE GENERAL COUNSEL, NATIONAL LABOR RELATIONS BOARD:
ON NOVEMBER 13, 1964, YOU REQUESTED OUR DECISION CONCERNING THE PROPRIETY OF CERTIFYING FOR PAYMENT A PAYROLL VOUCHER IN FAVOR OF MARGARET B. GRIFFIN FOR THE DIFFERENCE BETWEEN THE PAY OF GS-6, STEP 4, $5,545 PER ANNUM, AND THE PAY SHE ACTUALLY RECEIVED (GS-6, STEP 3, $5,375 PER ANNUM), FOR THE PERIOD MARCH 18, 1963, THROUGH JULY 6, 1963. YOUR LETTER SAYS:
"* * * THE REQUIRED 52-WEEK WAITING PERIOD WAS COMPLETED CLOSE OF BUSINESS FEBRUARY 16, 1963. HOWEVER, DUE TO EXCESS LEAVE WITHOUT PAY OF 624 HOURS, MRS. GRIFFIN WAS NOT ADVANCED TO STEP 4 UNTIL JULY 7, 1963.
"ON JULY 15, 1964, WE RECEIVED FROM YOUR OFFICE A SETTLEMENT TRANSMITTAL, COPY ATTACHED, AUTHORIZING BACK PAY FOR MRS. GRIFFIN FROM SEPTEMBER 17, 1962, TO FEBRUARY 1, 1963, SUCH PERIOD REPRESENTING PART OF THE 624 HOURS' LEAVE WITHOUT PAY INVOLVED IN THE DELAY OF ADVANCEMENT TO STEP 4. SINCE THE SETTLEMENT DID NOT ALLOW COMPENSATION ON OR AFTER FEBRUARY 1, 1963, UNTIL MRS. GRIFFIN'S RETURN TO DUTY ON MARCH 18, 1963, THERE REMAINED 88 HOURS' LEAVE WITHOUT PAY OR 8 HOURS IN EXCESS OF THE AMOUNT ALLOWED IN THE WAITING PERIOD FOR RATE 4.
"OUR QUESTION IS WHETHER MRS. GRIFFIN SHOULD HAVE BEEN PLACED IN STEP 4 ON HER RETURN TO DUTY MARCH 18, 1963, OR WHETHER THE 88 HOURS' LEAVE WITHOUT PAY REQUIRED A 2-WEEK DELAY MAKING THE EFFECTIVE DATE MARCH 31, 1963.'
SECTION 701A OF THE CLASSIFICATION ACT OF 1949, AS AMENDED BY SECTION 603 OF THE CLASSIFICATION ACT AMENDMENTS OF 1962, 76 STAT. 847, PROVIDES THAT AN EMPLOYEE "SHALL BE ADVANCED IN COMPENSATION SUCCESSIVELY TO THE NEXT HIGHER RATE WITHIN THE GRADE AT THE BEGINNING OF THE NEXT PAY PERIOD FOLLOWING THE COMPLETION OF (1) EACH 52 CALENDAR WEEKS OF SERVICE IN SALARY RATES 1, 2 AND 3 * * *.' ALSO, THE REGULATIONS OF THE CIVIL SERVICE COMMISSION, IN EFFECT AT THE TIME, PROVIDED THAT TIME IN A NONPAY STATUS IS CREDITABLE AS SERVICE TOWARD A WAITING PERIOD WHEN IT DOES NOT EXCEED TWO WORKWEEKS IN THE WAITING PERIOD FOR STEPS 2, 3 AND 4 OF A PARTICULAR GRADE. ALSO, THE REGULATIONS PROVIDED THAT ANY TIME IN A NONPAY STATUS IN EXCESS THEREOF WOULD BE MADE UP BY CREDITABLE SERVICE.
THUS, IT APPEARS THAT ON MARCH 18, 1963, WHEN MRS. GRIFFIN RETURNED TO DUTY SHE WAS REQUIRED TO MAKE UP 8 HOURS OF SERVICE CREDIT FOR ADVANCEMENT TO STEP 4 OF GRADE GS-6. SINCE THIS TIME COULD NOT HAVE BEEN MADE UP UNTIL THE CLOSE OF BUSINESS ON MARCH 18, 1963, APPARENTLY THE SECOND DAY OF THE PAY PERIOD, MRS. GRIFFIN WAS NOT ENTITLED TO PAY AT THE FOURTH STEP OF GS-6 UNTIL THE PAY PERIOD COMMENCING ON MARCH 31, 1963. FOR THAT REASON THE VOUCHER WHICH IS RETURNED HEREWITH SHOULD BE MODIFIED TO REFLECT PAYMENT FROM MARCH 31, 1963, INSTEAD OF MARCH 18, 1963.