B-234799, Jan 11, 1990

B-234799: Jan 11, 1990

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CIVILIAN PERSONNEL - Leave-without-pay - Eligibility CIVILIAN PERSONNEL - Compensation - Work schedules - Time/attendance reports PRECIS-UNAVAILABLE Doris Booker: The issue in this decision is whether Ms. Doris Booker may be placed in pay status and paid for 16 hours during which she was not scheduled to work but was charged leave without pay. /1/ On the last workday of the pay period ending January 28. Was informed that her work status had been converted retroactively from part-time to full-time. She would have worked the 16 hours to make up the difference. Leave without pay is a temporary nonpay status and absence from duty granted upon the employee's request. /2/ It does not include days on which the employee is not scheduled to work.

B-234799, Jan 11, 1990

CIVILIAN PERSONNEL - Leave-without-pay - Eligibility CIVILIAN PERSONNEL - Compensation - Work schedules - Time/attendance reports PRECIS-UNAVAILABLE

Doris Booker:

The issue in this decision is whether Ms. Doris Booker may be placed in pay status and paid for 16 hours during which she was not scheduled to work but was charged leave without pay. /1/

On the last workday of the pay period ending January 28, 1989, Ms. Booker, an employee of the Social Security Administration, was informed that her work status had been converted retroactively from part-time to full-time, effective January 15, 1989. The conversion changed her work schedule from 64 hours to 80 hours per pay period, a difference of 16 hours. In order to reflect an 80-hour pay period rather than the 64 hour pay period actually worked from January 15-28, 1989, the agency reconciled the 16-hour difference by charging 16 hours leave without pay on Ms. Booker's time and leave record. Ms. Booker asserts that had she been timely informed of the conversion, she would have worked the 16 hours to make up the difference. She claims that she should be paid for the 16 hours, plus interest, and her time and leave record should reflect the pay status accordingly.

Leave without pay is a temporary nonpay status and absence from duty granted upon the employee's request. /2/ It does not include days on which the employee is not scheduled to work. Ms. Booker was still working a part-time, 64-hour schedule during the period the agency charged her 16 hours leave without pay. She was not absent from duty nor was she scheduled to work during those hours.

Since leave without pay is absence from duty when an employee is scheduled to work and Ms. Booker was not scheduled to work the hours in question, it appears that the agency erroneously charged her leave without pay. At the same time, we know of no authority that would permit Ms. Booker to be paid for 16 hours she did not work.

Accordingly, we deny Ms. Booker's claim for 16 additional hours of pay. However, we recommend that the agency change her time and leave record to reflect the 64-hour schedule she actually worked during the 2 week pay period ending January 28, 1989, and make her conversion to full-time status effective as of the following pay period.

/1/ The decision was requested on Ms. Booker's behalf by Janine L. Gourdine, Vice President of EEO and Grievances, American Federation of Government Employees, Local 2006, Philadelphia, Pennsylvania. See 4 C.F.R. Sec. 22.9 (1989)

/2/ Federal Personnel Manual, Chapter 630, Subchapter 12, para. 12 1, July 24, 1986).

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