Claims for Retroactive Temporary Promotions With Backpay

B-193959: Sep 21, 1979

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An advanced decision was requested concerning the claims of two federal employees for retroactive temporary promotions and backpay based upon details to higher level positions for periods of more than 120 days. Both claimants received wage board veterans readjustment appointments in the excepted service and were detailed to higher grade positions in the competitive service. The issue was whether to allow such employees retroactive temporary promotions and backpay beginning with the 121st day of detail if approval had not been obtained from the Civil Service Commission (CSC) to extend the detail, and if so whether General Schedule and wage system employees should be treated in a like manner. It was also questioned whether the 120-day period meant calender days, so that an intermittent employee would be entitled to backpay on the 121st calender day of an overlong detail. It was held that such employees may receive the promotions and backpay if the details were part of documented training programs. CSC has held that prior approval by it was not necessary under such programs, and such employees are permitted promotions if they meet the qualification standards. It was also held that General Schedule and wage system employees should be treated in a like manner, and that the temporary promotions would commence on the 121st calender day of intermittent details, not the 121st workday. Accordingly, the employees were entitled to temporary promotions with backpay.