Office of the General Counsel

Date: January 12, 1998
Matter of: [xxx]
File Number: s9601517

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 not applicable.

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.