HRDG 4178 - Compensation and Leave Claims Procedures - Section A - Applicability

This subchapter applies to all MRP and FAS GS, AD, FS, and WG employees who are not covered by a negotiated grievance agreement that includes compensation and leave issues.

Employees who are covered by a negotiated grievance agreement that includes compensation and leave issues are to follow that process. That process is not addressed in this subchapter.

SES employees with claims are to contact their servicing Human Resources Office.

This subchapter applies to compensation (e.g., pay setting upon reassignment, conversion from AD to GS, premium pay) and leave (e.g., lump sum payment for annual leave, incorrect SCD) claims.

These procedures do not apply to:

• Claims under the Fair Labor Standards Act (FLSA);

• Claims under the exclusive jurisdiction of administrative agencies pursuant to specific statutory authority;

• Claims under the US Department of Agriculture Administrative Grievance System (See DR 4070-771, Administrative Grievance System);

• Claims concerning matters that are subject to negotiated grievance procedures under collective bargaining agreements entered into pursuant to 5 USC 7121(a);

• Claims against the United States pursuant to the Federal Tort Claims Act, Military Personnel and Civilian Employees’ Claims Act, and 31 USC 3723, which arise from Department of Agriculture programs and activities (see DR 2510-001, Claims Against the United States);

• Claims that must be submitted to the Secretary of Defense, Administrator of the General Services Administration, or the Director of the Office of Management and Budget for adjudication under 31 USC 3702(d) will be set forth in other regulations; and,

• Matters appealable to the Equal Employment Opportunity Commission (EEO Complaints), Merit Systems Protection Board (such as suspensions of more than 14 days to removal, reductions in force, demotions and within-grade step increase withholding), Comptroller General, Federal Labor Relations Authority, or the Federal Mediation Conciliation Service.