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B-225967 1 (1988-01-14)

handle is hein.gao/gaobadmza0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20548 Decision, Matterof- Irene L. Marek - Claims for Backpay and Leave Credit--Statute of Limitations File: B-225967 Date: January 14, 1988 DIGEST An employee with the Soil Conservation Service who was classified as an intermittent employee from 1966 to 1974 asserts that she should instead have been classified as part-time during that period. However, her claims based on her alleged misclassification between 1966 and 1974 for retroactive holiday pay, additional pay for within-grade increases, and credit for annual and sick leave were not received here until 1986, and consequently they are barred by the 6-year time limit on the filing of claims prescribed by the Barring Act, 31 U.S.C. S 3702(b). Decisions where we have held that a claim for sick leave is not a monetary claim cognizable by the Comptroller General, and subject to the Barring Act, are overruled. DECISION A certifying officer with the United States Department of Agriculture's National Finance Center has requested our opinion as to whether Ms. Irene L. Marek is entitled to annual and sick leave, holiday pay, and within-grade increases, based on her claim that she was improperly classified as intermittent rather than part-time while employed with the Soil Conservation Service between 1966 and 1974. We did not receive her claim until 1986, and we therefore conclude that the 6-year time limit on the filing of claims prescribed by the Barring Act of October 9, 1940, as amended and now codified at 31 U.S.C. S 3702(b), prevents any recredit or reimbursement for annual or sick leave, holiday pay, or within-grade increases. BACKGROUND Ms. Marek, an intermittent employee with the Soil Conser- vation Service in Temple, Texas, since 1966 received a

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