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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 he was not paid overtime or compensatory time even
though he did not take a lunch break, or any other breaks, and was
required to report to work 30 minutes early and to work for 10 to
12 minutes past his quitting time for 58 days. The claimant also
states that he was not paid for the 36 hours of 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. Moreover, 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.