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Office of the General Counsel

Date: September 2, 1998
Matter of: [xxx]
File Number: s98001991

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, from February 22, 1998 to June 15, 1998, the date of his resignation, he was not paid overtime or compensatory time even though he did not take a lunch break and was required to report to work 30 minutes early. The claimant also states that he was not paid for the 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. 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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