Claim for Retroactive Temporary Promotion and Backpay

An employee appealed the action that denied her claim for a retroactive temporary promotion and backpay on the grounds that she did not perform all of the duties of the position as claimed. The claim was based on a GAO decision which held that employees who are detailed to higher grade positions for more than 120 days without Office of Personnel Mangement approval are entitled to retroactive temporary promotions and backpay beginning on the 121st day of the detail. The burden of proof was on the claimant to show that she was in fact detailed to and performed the duties of a higher grade position. Even if there was evidence to show that the employee was so detailed, she may not be granted a retroactive temporary promotion and backpay where the evidence is insufficient to prove the claim. In her appeal, the employee supplied a supplementary statement from her former supervisor regarding her performance of the duties of the higher grade position. However, the supplementary statement only confirmed the testimony considered with the original claim, that the employee did not perform those duties consistently throughout the period claimed. Accordingly, the action of the Claims Group was sustained.