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B-194021 1 (1980-02-11)

handle is hein.gao/gaobadhzj0001 and id is 1 raw text is: DECISION UN I T 0 FILE: B-194021 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D. C. 20548 DATE:February 11, 1980 MATTER OF: Dr. David Pass -LEntitlement of Consultant to Leave and Travel ExpensesJ DIGEST: 1. Individual, who worked 80 or more hours during most of 13-month period he served as a consult- ant, claims entitlement to leave benefits. Al- though consultant worked along side of regular full-time employees, he did not serve regular tour of duty and is therefore not entitled to leave benefits. See Copp Collins, 58 Comp. Gen. 167 (1978). 2. Consultant, who was appointed on intermittent basis, automatically becomes employed on tempo- rary basis after 130 days of service. As a tempo- rarily employed consultant he must bear the cost of travel between his residence and place of em- ployment, as well as his expenses while at his official station. Erroneous travel payments must be collected and may not be waived. Harvey J. Nozick, B-187389, July 19, 1978. In addition, claim for attorney fees incurred in connection with this matter may not be allowed. This decision is in response to the request of Mr. Larry E. Byrne, Director, Personnel Systems and Payroll Division, De- partment of Housing and Urban Development (HUD), concerning the entitlement of Dr. David Pass, a HUD employee, to annual and sick leave while he was previously employed by HUD as a consultant. The agency has also questioned Dr. Pass' entitle- ment to travel expenses during the period he was employed as a consultant. Dr. Pass was employed by the New Communities Adminis- tration of HUD as a consultant from July 2, 1973 until August 18, 1974, when he received a permanent appointment with HUD. While serving as a consultant, Dr. Pass worked a full schedule during many pay periods, but the agency states there is no docu- mentation indicating that he had an established regular tour of duty. For this reason and because the Standard Form 50 issued I VS3 1 17_21_21Y_ w 7

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