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B-198485 1 (1980-08-27)

handle is hein.gao/gaobadinm0001 and id is 1 raw text is: FILE: B-198485 DATE: August 27, 1980 MATTER OF: William R. Simoneau DIGEST: Employee was reinstated to his position after a determination was made that his removal was an unwarranted or unjustified personnel action. The agency has determined that payment for overtime should not be included in backpay because, -for reasons other than his removal, the employee would not have worked overtime. Based on the facts presented this Office cannot say that determination is incorrect. Payment for overtime may not be made. The issue is whether an employee, who was restored to his position after a determination that his removal was unjustified or unwarranted, is entitled to receive overtime pay as part of his backpay recovery when the agency has determined that overtime should not be paid because for reasons other than the erroneous removal the employee would not have been paid over- time during that period. For the following reasons the employee is not entitled to receive overtime pay for the period of his removal. The question was presented for an advance decision by letter of March 27, 1980, from Mr. Philip P. Russo, Acting Director, Personnel Division, Internal Revenue Service. On May 5, 1978, Mr. William R. Simoneau was removed from his position with the Internal Revenue Service. Mr. Simoneau appealed this action to the Office of Personnel Management which ordered the action cancelled by letter of February 7, 1979. Mr. Simoneau was restored to duty on March 5, 1979. There is no doubt that Mr. Simoneau is entitled to backpay for the period of his removal, May 5, 1978 - March 5, 1979. See 5 U.S.C. 5596 (1976) and 5 C.F.R. 550.801 et seq. (1979). The agency does not question this but questions whether Mr. Simoneau is entitled to overtime pay for the period of his removal. I THE COMPTROLLER GENERAl. DECISION OF THE UNITED STATES WASHINGTON. D. C. 20548 /07 ' Lrsior 19 l r ~ ~ t ,w/ e_'/$~ t4//1/d9f~

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