Back pay computations.

CFR · 2024-01-01 · US · Title 5

(a) When an appropriate authority corrects or directs the correction of an unjustified or unwarranted personnel action that resulted in the withdrawal, reduction, or denial of all or part of the pay, allowances, and differentials otherwise due an employee— (1) The employee shall be deemed to have performed service for the agency during the period covered by the corrective action; and (2) The agency shall compute for the period covered by the corrective action the pay, allowances, and differentials the employee would have received if the unjustified or unwarranted personnel action had not occurred. (b) No employee shall be granted more pay, allowances, and differentials under section 5596 of title 5, United States Code, and this subpart than he or she would have been entitled to receive if the unjustified or unwarranted personnel action had not occurred. (c) Except as provided in paragraph (d) of this section, in computing the amount of back pay under section 5596 of title 5, United States Code, and this subpart, an agency may not include— (1) Any period during which an employee was not ready, willing, and able to perform his or her duties because of an incapacitating illness or injury; or (2) Any period during which an employee was unavailable for the performance of his or her duties for reasons other than those related to, or caused by, the unjustified or unwarranted personnel action. (d) In computing the amount of back pay under section 5596 of title 5, United States Code,

official document · source cfr-2024 · id 5:§ 550.805