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Pay & Leave Claim Decisions

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Office of the General Counsel

Date: September 2, 1998
Matter of: [xxx]
File Number: s98001828

OPM Contact: Jo-Ann Chabot

A former employee of the District of Columbia government filed a claim for overtime, compensatory time, and sick leave. The claimant states that he was not paid overtime or compensatory time even though he did not take a lunch break, or any other breaks, and was required to report to work 30 minutes early and to work for 10 to 12 minutes past his quitting time for 58 days. The claimant also states that he was not paid for the 36 hours of sick leave that he earned, but did not use, while he was employed with the District of Columbia government. The Office of Personnel Management (OPM) cannot render a decision concerning this matter.

Under 31 U.S.C. 3702, OPM's authority is limited to the settlement of "claims involving Federal civilian employees' compensation and leave, " and does not extend to claims for compensation and leave that have been filed against the District of Columbia government. Moreover, a claim against the District of Columbia is not a claim against the United States because the District of Columbia government is a legal entity separate and distinct from the United States government. 36 Comp. Gen. 457 (1956); 1 Comp. Gen. 451 (1922); Corrie Sue Freeman, B-199477 (May 3, 1982); Hedin Construction Corp. B-168704 (Jan. 16, 1970). Accordingly, we may not consider this claim because we do not have jurisdiction to settle claims against the District of Columbia government.

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