B-171408, DEC. 23, 1970

B-171408: Dec 23, 1970

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SEVERANCE PAY IS DENIED BECAUSE EMPLOYEE DID NOT WORK THE FULL 12 MONTHS REQUIRED BY 5 U.S.C. 5595(B). OVERTIME PAY IS DENIED BECAUSE EMPLOYEE DID NOT RECEIVE OFFICIAL ORDERS APPROVING THE OVERTIME AS REQUIRED BY 5 U.S.C. 5542. THE FACTS AND CIRCUMSTANCES AS WELL AS APPLICABLE LAWS INVOLVED IN YOUR CLAIM WERE STATED IN OUR OFFICE SETTLEMENT OF OCTOBER 27. ARE NOT REPEATED HERE EXCEPT AS NECESSARY TO THE PRESENT DISCUSSION OF THE CASE. THAT PART OF YOUR CLAIM FOR 2 WEEKS SEVERANCE PAY WAS DISALLOWED BECAUSE YOU DID NOT QUALIFY UNDER SUBSECTION (B) OF 5 U.S.C. 5595 WHICH PROVIDES THAT AN EMPLOYEE WHO HAS BEEN EMPLOYED CURRENTLY FOR A CONTINUOUS PERIOD OF AT LEAST 12 MONTHS AND IS INVOLUNTARILY SEPARATED FROM THE SERVICE.

B-171408, DEC. 23, 1970

SEVERANCE PAY - OVERTIME PAY DENIAL OF CLAIM FOR SEVERANCE PAY AND OVERTIME PAY, FOR AN EMPLOYEE OF THE U.S. NAVAL HOSPITAL, PHILADELPHIA, PA. SEVERANCE PAY IS DENIED BECAUSE EMPLOYEE DID NOT WORK THE FULL 12 MONTHS REQUIRED BY 5 U.S.C. 5595(B). OVERTIME PAY IS DENIED BECAUSE EMPLOYEE DID NOT RECEIVE OFFICIAL ORDERS APPROVING THE OVERTIME AS REQUIRED BY 5 U.S.C. 5542.

TO MISS MARJORIE DUNKLE:

THIS REFERS TO YOUR UNDATED LETTER REQUESTING RECONSIDERATION OF OUR OFFICE SETTLEMENT OF OCTOBER 27, 1970, WHICH DISALLOWED YOUR CLAIM FOR SEVERANCE AND OVERTIME PAY AS AN EMPLOYEE OF THE UNITED STATES NAVAL HOSPITAL, PHILADELPHIA, PENNSYLVANIA.

THE FACTS AND CIRCUMSTANCES AS WELL AS APPLICABLE LAWS INVOLVED IN YOUR CLAIM WERE STATED IN OUR OFFICE SETTLEMENT OF OCTOBER 27, 1970, AND ARE NOT REPEATED HERE EXCEPT AS NECESSARY TO THE PRESENT DISCUSSION OF THE CASE.

AS STATED IN OUR OFFICE SETTLEMENT, THAT PART OF YOUR CLAIM FOR 2 WEEKS SEVERANCE PAY WAS DISALLOWED BECAUSE YOU DID NOT QUALIFY UNDER SUBSECTION (B) OF 5 U.S.C. 5595 WHICH PROVIDES THAT AN EMPLOYEE WHO HAS BEEN EMPLOYED CURRENTLY FOR A CONTINUOUS PERIOD OF AT LEAST 12 MONTHS AND IS INVOLUNTARILY SEPARATED FROM THE SERVICE, NOT BY REMOVAL FOR CAUSE ON CHARGES OF MISCONDUCT, DELINQUENCY OR INEFFICIENCY IS ENTITLED TO BE PAID SEVERANCE PAY IN REGULAR PAY PERIODS BY THE AGENCY FROM WHICH SEPARATED. YOU RECEIVED AN APPOINTMENT AS A CLINICAL NURSE EFFECTIVE JULY 29, 1969. YOU SAY THAT YOU SUBMITTED YOUR RESIGNATION EFFECTIVE FEBRUARY 20, 1970, BUT THAT YOU WERE INVOLUNTARILY SEPARATED FEBRUARY 9, 1970.

WE AGAIN POINT OUT THAT EVEN THOUGH YOUR SEPARATION ON FEBRUARY 9, 1970, BE REGARDED AS INVOLUNTARY YOU WOULD STILL NOT BE ENTITLED TO SEVERANCE PAY. THE LAW REFERRED TO ABOVE AUTHORIZES SEVERANCE PAY IN THE EVENT OF AN INVOLUNTARY SEPARATION ONLY AFTER AN EMPLOYEE HAS BEEN CURRENTLY EMPLOYED FOR 12 MONTHS. YOU WOULD NOT HAVE HAD 12 MONTHS OF CURRENT EMPLOYMENT UNTIL JULY 28, 1970.

CONCERNING YOUR CLAIM FOR OVERTIME, 5 U.S.C. 5542 PROVIDES, AS RELEVANT TO YOUR CASE, THAT HOURS IN EXCESS OF 40 HOURS IN AN ADMINISTRATIVE WORKWEEK ARE OVERTIME WHEN SUCH HOURS ARE OFFICIALLY ORDERED OR APPROVED. REGULATIONS OF THE CIVIL SERVICE COMMISSION IMPLEMENTING THIS LAW, 5 CFR 550.111(C), REVISED AS OF JANUARY 1, 1969, APPLICABLE AT THE TIME IN QUESTION, PROVIDED THAT:

"(C) OVERTIME WORK IN EXCESS OF ANY INCLUDED IN A REGULARLY SCHEDULED ADMINISTRATIVE WORKWEEK MAY BE ORDERED OR APPROVED ONLY IN WRITING BY AN OFFICER OR EMPLOYEE TO WHOM THIS AUTHORITY HAS BEEN SPECIFICALLY DELEGATED."

WHILE YOU STATE IN YOUR REQUEST FOR REVIEW OF SETTLEMENT THAT YOU HAD WORKED OVERTIME IN ADDITION TO THE 6 HOURS MENTIONED IN THE SETTLEMENT, YOU DO NOT MENTION THE DATES OR SAY THAT THE ALLEGED OVERTIME WAS AUTHORIZED OR APPROVED BY A PROPER OFFICIAL.

ENTITLEMENT TO OVERTIME PAY UNDER 5 U.S.C. 5542 AND REGULATIONS ISSUED PURSUANT THERETO MUST BE PREDICATED ON THE PERFORMANCE OF OVERTIME WORK AS AUTHORIZED OR APPROVED BY AN OFFICIAL HAVING AUTHORITY TO DO SO. ABSENT PROPER AUTHORIZATION OR APPROVAL YOU ARE NOT ENTITLED TO OVERTIME PAY. THERE IS NOTHING OF RECORD TO SHOW THAT OVERTIME IN YOUR CASE HAD BEEN AUTHORIZED OR APPROVED.

ACCORDINGLY, WE MUST SUSTAIN THE ACTION TAKEN IN OUR SETTLEMENT OF OCTOBER 27, 1970, DISALLOWING YOUR CLAIM.