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B-214432 1 (1984-07-25)

handle is hein.gao/gaobadluz0001 and id is 1 raw text is: THE COMPTROLLER GENERAL OECISION OP THE UNITED STATES WASHINGTON. 0.C. 20548 FILE: B-214432 DATE: July 25, 1984 MATTER OF: Lynn Francis Jones DIGEST: 1. Where an individual consultant's services were procured under a contract which established an employer-employee rela- tionship with the Government rather than an independent contractor relationship, his entitlement to travel and relocation expenses is determined by the statutes and regulations concerning reimbursement for travel and relocation expenses of Government employees. Where the consult- ant was apparently employed in a manpower shortage position, he may be allowed reimbursement under 5 U.S.C. S 5723 for his travel expenses and for the trans- portation of his household goods and dependent from his residence at the time of his initial employment to his duty station, but not for return to his residence upon completion of the contract. 2. A consultant whose services are secured on an employment rather than an independ- ent contractor basis is entitled to accrual of annual and sick leave, if he is eligible under the applicable provi- sions of law. The consultant is entitled to leave accrual where it appears he had a regularly scheduled tour of duty. In addition, the consultant is entitled to compensation for holidays on which he did not perform any work since his contract contained an express provision to that effect. The basic issues before us concern the entitlement to transportation of dependent and household goods and compen- sation for leave of Mr. Lynn Francis Jones, an individual consultant hired under a personal services contract under

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