60103600

Office of the General Counsel

Date: [xxx]
File: S9601036

OPM Contact: Paul Britner

An employee has submitted a claim for two hours of annual leave based on his assertion that intermittent service performed in 1977 and 1978 should have been credited for leave accrual purposes as full-time employment. The effect of crediting this period as full-time employment would be to move up by one pay period the date in 1991 he accrued enough creditable service to move from the four-hour to the six-hour leave category. Claims for additional annual leave that might have accrued before that date are barred by the six-year limitations period. 31 U.S.C.  3702(b).

The agency denied his claim on the grounds that the employees Standard Form 50's during that time identified the employees tenure as "intermittent", and that intermittent employees may receive service credit only for actual days of work. However, the employee notes that courts have looked past the agencys designation of an employees tenure on paper to determine the employees status.

Both statements are true. Intermittent employees may receive service credit only for actual days of work. Yet, the designation of an employees tenure should be based on the employees actual work schedule. To establish a claim for service credit for non-workdays, employees who have been designated intermittent by the employing agency must show that they had a regular tour of duty, which requires that the work be scheduled in advance of an administrative workweek under the agencys procedures for establishing workweeks. 5 C.F.R. 340.403(a). See also, Alvin B. Crawford and John F. Kotzian, B- 246730, Mar. 3, 1992.

In this case, the employee has submitted evidence of the actual number of days worked. However, he has not submitted evidence to show that this work was scheduled in advance under procedures established by the agency.

Accordingly, the claim is denied.