The Federal Government will Become America's Model Employer for the 21st Century.
Recruit, Retain and Honor a World-Class Workforce to Serve the American People.
Human Resources and Security Specialists should use this tool to determine the correct investigation level for any covered position within the U.S. Federal Government.
OPM’s Human Resources Solutions organization can help your agency answer this critically important question.
Developing senior leaders in the U.S. Government through Leadership for a Democratic Society, Custom Programs and Interagency Courses.
Visit this federal site to search for our regulatory notices, proposed and final rules.
See the latest tweets on our Twitter feed, like our Facebook pages, watch our YouTube videos, and page through our Flickr photos.
The content available is no longer being updated and as a result you may encounter hyperlinks which no longer function. You should also bear in mind that this content may contain text and references which are no longer applicable as a result of changes in law, regulation and/or administration.
This replies to your request for an advance decision on claims by the above-named employees for retroactive promotions with back pay. Both employees have appointments as interns. You state that your agency has an established but unwritten policy to promote interns after one year of satisfactory service. Further, you state that the authorizing official for such personnel actions approved the promotions in the scheduled time frame but that, due to clerical errors, the promotions were delayed about one month.
As a general rule, personnel actions may not be made retroactive. However, a number of exceptions to this rule have been recognized, and you suggest that either of the following exceptions justify back pay in these cases: (1) the promotions were not effected as intended by the person having the authority to grant the promotion, or (2) the promotion is a matter of nondiscretionary policy.
From your description of the circumstances giving rise to these claims, we agree that the first exception applies here. OPM has not considered whether an established but unwritten policy is the type of nondiscretionary policy that might justify this type of back pay claim. However, since you have met the requirements of the first exception noted above, we need not reach that question.
Accordingly, the claims may be paid.
Very truly yours,