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[Compensation for Work Performed Beyond Limitation of Appointment]

B-209813 Apr 22, 1983
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Highlights

The National Mediation Board requested a decision concerning the entitlement of one of its employees to compensation for service in excess of the stated hours of her temporary appointment. The employee was temporarily appointed by the Board as a student and reappointed to the same position for an additional month. The Board's report indicated that the employee exceeded the hours limitation of her second appointment. The Board explained that the appointment limitation was exceeded because it erroneously applied the temporary appointment limitation on a calendar year basis rather than on an appointment basis and did not include annual and sick leave used by the employee in its computation of work hours. The Board further stated that the employee was not informed that she had exceeded the limitation, that she rendered service in good faith, and that the Board received the full benefit of the employee's services. The Board believed that the employee should be permitted to retain the compensation that she received for service in excess of the hours limitation of her appointment. GAO stated that an employee who renders authorized service in good faith beyond an appointment limitation due to administrative error is a de facto employee and, on this basis, is entitled to be compensated for service in excess of the appointment limitation. Accordingly, the employee may retain the compensation that she received for the hours worked.

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