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OPM Contact: Joann Charleston
An employee of the [agency] requests that we review his claim
for salary payment for 24 hours of work and leave.
The record shows that the employee was suspended from duty for
60 days from May 26, 1996 to July 24, 1996. His scheduled work week
was Monday through Friday, 8 hours per day, on a maxiflex work
schedule. During pay period 15, July 21, 1996 to August 3, 1996,
the employee was suspended for 24 hours and was scheduled to work
56 hours. The employee had a balance of 16.5 credit hours leave
available. When he returned to work he worked 74.5 hours from July
25, 1996 to August 1, 1996, and claimed 5.5 credit hours leave on
August 2, 1996. Since the employee had already worked the maximum
hours since his return to pay status, the use of credit hours is
The record further shows that the agency denied payment for 11
hours of work and 5.5 hours of credit hours leave, but permitted
accrual of 7.5 credit hours. The employee was paid for 56 hours of
work and his credit hour balance at the end of the pay period was
24 hours, the maximum accrual under the agency's maxiflex plan.
Under the provisions of 5 U.S.C. 5542, overtime must be paid
when an official with competent authority orders or approves hours
of work in excess of 40 hours in an administrative workweek or in
excess of 8 hours in a day.
Since there is no evidence in the file to show that the employee
requested approval from his supervisor to work extra hours to
substitute for the hours he was suspended, there is no authority to
permit payment for the 24 hours of base pay. Our Office settles
claims only on a legal basis and cannot waive or modify the
regulations in individual cases.
Accordingly, the claim is denied.