B-238537, Aug 1, 1990

B-238537: Aug 1, 1990

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CIVILIAN PERSONNEL - Compensation - Retroactive compensation - Amount determination - Part-time employment - Work schedules DIGEST: This summary letter decision addresses well established rules which have been discussed in previous Comptroller General decisions. We have held that where days of work are specifically scheduled and one of those days is designated as a holiday. The employee would have worked. Craig was a part-time employee of the U.S. Her work schedule was established in advance to show the specific days and hours she was to work during a pay period. Craig was generally scheduled to work a Monday through Thursday tour during the period in question. Since those records have a limited use.

B-238537, Aug 1, 1990

CIVILIAN PERSONNEL - Compensation - Retroactive compensation - Amount determination - Part-time employment - Work schedules DIGEST: This summary letter decision addresses well established rules which have been discussed in previous Comptroller General decisions. To locate substantive decisions addressing this issue, refer to decisions indexed under the above listed index entry.

Bridget M. Craig:

Mrs. Bridget M. Craig has appealed our Claims Group Settlement Z 2865657, June 15, 1989. That settlement authorized retroactive leave benefits and pay to her for 14 holidays during the period January 10, 1982, through January 7, 1984, but disallowed those same benefits and pay for holidays which occurred during the period November 3, 1980, through January- 9, 1982, based on the lack of supporting documentation.

Mrs. Craig, a part-time employee, contends that the statements from her supervisors and copies of her leave and earnings statements showing the hours she worked each pay period provide conclusive evidence of her holiday pay entitlement during that earlier period.

We have held that where days of work are specifically scheduled and one of those days is designated as a holiday, a part-time employee may be paid for the holiday based on the presumption that, but for the holiday, the employee would have worked. Richard A. Wiseman, 62 Comp.Gen. 622 (1983).

Mrs. Craig was a part-time employee of the U.S. Geological Survey during the period in question. Her work schedule was established in advance to show the specific days and hours she was to work during a pay period. The documents in the file show that Mrs. Craig was generally scheduled to work a Monday through Thursday tour during the period in question. Her leave and earnings statements show that for the pay periods she worked, her hours varied between 32 hours and 64 hours a pay period. However, those records neither showed her planned work schedule, nor the days she actually worked. The only documents which could provide that information would be her time and attendance records, but since those records have a limited use, they are retained by an agency for 3 years and then destroyed.

The only time and attendance records for Mrs. Craig which were available to this Office were those for the 1982 leave year and later. All time and attendance records for the period prior to the beginning of the 1982 leave year (January 10, 1982) were destroyed in due course before Mrs. Craig asserted her claim. Since those records no longer exist, we concur with the action of our Claims Group disallowing her claim for the earlier period.