Expert Appointed on Intermittent Basis Is Not Entitled to Leave Since He Was Not Required To Work a Standard Workweek

A claimant, serving under an excepted appointment as an expert, requested the crediting of annual and sick leave for the period of his appointment. A notice was included on the form effecting his appointment which declared him "Ineligible for Health Benefits, Annual or Sick Leave or any other Benefits provided by law for government employees except as specifically provided." It has been held that part-time employees, including those appointed on an intermittent or when-actually-employed basis, were not entitled to leave benefits even though they might have actually worked full-time, unless their work was pursuant to a regular tour of duty prescribed in advance. Since the claimant was not scheduled by the agency to work at a definite and certain time, day and/or hour of any day, during each of the two administrative workweeks in each biweekly pay period, he was not entitled to leave benefits as a part-time employee having an established regular tour of duty. Therefore, the claim for accrued leave was disallowed.