Claim for Per Diem Expense While in Sick Leave Status

An accounting and budget officer for the Federal Highway Administration (FHwA) requested an opinion as to whether an employee was entitled to per diem expenses for sick leave taken during a period of official travel between temporary duty stations. While en route to a temporary duty station, the employee stopped at his residence where he remained in a sick leave status for several days. FHwA disallowed the employee's claim for per diem during that period, because it related to expenses incurred while he was at home. The employee based his claim on a provision contained in his departmental procedures manual allowing the continuation of per diem expenses for 14 days to an employee traveling on official business. However, federal statutes and regulations provide that entitlement to per diem be terminated upon the employee's return to his residence. Accordingly, the employee was not entitled to per diem while he was on sick leave at his residence.