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OPM Contact: Murray M. Meeker
This responds to a request from the [agency].* By letter dated September 3, 1997, the
[agency] asked whether back pay could be paid to an employee for an
overlong assignment in which the employee performed duties at a
higher grade level.
The agency reported that the employee had already been paid for
the maximum 120 day period of a temporary promotion, but asks
whether there is authority to pay the employee for the period when
the employee was still performing duties at a higher grade level,
but after the temporary promotion had expired. While the employee
was properly paid for the period of the temporary promotion
[see 61 Comp. Gen. 492 (1982) and Kenneth Fenner,
B-183937, June 23, 1977], the agency is advised that there is no
authority to pay the employee beyond the 120 day period of the
temporary promotion. See Evelyn O. Cheeseboro,
B-217830, August 29, 1985, and Joseph C. Schrage,
B-181843, November 19, 1974. The circumstances are comparable to
instances where an employee's position is misclassified.
See Erlyn D. Felder, B-202685, August 17, 1982.
It is well settled that employees are not entitled to back pay for
periods of misclassification. 5 U.S.C. 5596(b)(3).
*This decision is being issued
pursuant to our authority under 31 U.S.C. 3529 to issue advance
decisions to agencies on matters involving compensation and