Request for Restoration of Annual Leave Which Was Charged Employee To Recoup Excess Compensatory Time Off

An employee, who was erroneously granted compensatory time off in excess of the hours for which he could have received overtime pay under the legislative aggregate salary limitation, requested recredit of 47 hours of annual leave which the agency charged to recover erroneous payments. The issue presented for decision was the method by which an agency may recover hours of compensatory time which were erroneously granted and used by the employee. Payments for the salary paid for excess compensatory time off must be recovered but are subject to waiver. In this case, the erroneous crediting of compensatory time should be considered for waiver. If overpayment is waived or, alternatively, if the employee elects to repay the Government the amount erroneously paid, the charge to annual leave should be recredited to his leave account and his personal leave ceiling should be restored. If the employee does not agree to repay the amount paid for the compensatory time, such amount may be recovered by means of offset. This decision has no application to compensatory time off which is a form of compensation for services rendered.