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B-189741 1 (1978-04-04)

handle is hein.gao/gaobadfvh0001 and id is 1 raw text is: 1~ae~ - - - <9 THE COMPTROLL.WM GENERAL DECISION OP THE UNITED STATES :A:- WASHINGTON. 0.0.R20545 FIL.: 3-l89741 DATE: 9 April 4, 'f978 MATTER DIGEST: F: James C. Howard III - Forest Service, Department of Agriculture - Do Facto Employee Employee was hired by Forest Service and began working about 2 weeks prior to the date the pobition description was approved. He filed a claim for compensation and leave for thio period, Employee may be considered' a de facto employee since he performud his duties in good faith and hence may be compensated for the reasondble value of his service during do factc period. How- ever, de facto employees do not earn leave and hence the leAve portion of the claim is disallowed. This action involves a requert for an advance decision submitted by Met. Orris C. Huet, authorized certifying officer, Department of .'griculture, regarding a claim from 1r. James C. Howard III, for work performed prior to the effective date ef his appointment. Mr. Howard was hirtc1 by the Hiawatha National Forest, Forest Service, Departmant of Agriculture, as a Cooperative-Education student. He began work on June 7, 1976, at which time he completed all necessary pe'sonnel forms as instructed by the employing office. However, offici'e of the Hiawat!a National Fur3st were not aware that an approved 'MindilassifzdPosition description ';as required before an employe could be properly appointed. As a result of this error, the position filled by Mr. Howard was not officiallyestablished until June 21, 1976, and herice Mr. Howard's first official workday in the position was June 22, 1976. Mr. Howard ih claiming compensation for 88 hours of work for the period of June 7 through June 21, 1976. In addition he is claiming '8 hoursof annual leave and 8 hours of sic leave because he was not allowed: (1) leave for pay period 12 (June 7 through June 18, 1976) inasmuch as his appointment was not in effect, and (2) leave for pay period 13 (June 21 through July 2, 1976) inasmuch as he did not officially work a full pay period since his appoint- ment was not effective until June 22. 31 Comp. Gen. 215 (1951) and 3-125537, October 6, 1955. i W-ni. 4.7-----.- t lb

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