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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
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.