September 5, 2018

In the Matter of the Administrative Offset Petition

KAREN LYNN BELL v. UNITED STATES POSTAL SERVICE

P.S. Docket No. AO 18-74

APPEARANCE FOR PETITIONER:
Karen Lynn Bell

APPEARANCE FOR RESPONDENT:
Lee J. Zysk
Manager, Labor Relations

INITIAL DECISION

Petitioner Karen L. Bell filed a Petition denying she owes $346.01 for overdrawn leave when she separated from the Postal Service. The following findings of fact are based on the record.

FINDINGS OF FACT

1.  Ms. Bell was a full-time carrier until December 22, 2017, when she resigned from the Postal Service (Bell Aff. 1; Bell Resignation Letter¹ ; Bell Terminal Leave Wrksht).
2.  At the beginning of 2017, Ms. Bell was advanced 52 hours of annual leave (Bell Conversion Career Form 50, Box 25; Bell Terminal Leave Wrksht).
3.  In May 2017, Ms. Bell informed her supervisor that she was pregnant and due in early November (Bell Aff. 1).
4.  Ms. Bell asked her union representative about maternity leave.  The union representative advised her to fill out a Form CA-17 (OWCP Form CA-17, Duty Status Report) and a form requesting Family Medical Leave.  Ms. Bell’s supervisor subsequently told her to only fill out the Family Medical Leave form, which she did. (Bell Aff. 1).
5.  Ms. Bell’s regular route required 12 miles of walking per day.  In mid-September 2017, Ms. Bell told her supervisor she was having difficulty completing her route.  Her supervisor told her that no light duty or part-time work was available.  (Bell Aff. 1).
6.  By the end of October 2018, Ms. Bell had used all of her advanced annual leave and had stopped working due to health concerns (Bell Aff. 1-2; Bell Clock Rings PP 2017-15-1 through 2018-02-1(2), p. 29; Bell Terminal Leave Wrksht).  Ms. Bell was placed on family medical leave from October 24, 2018, until she separated from the Postal Service in December (Bell Clock Rings PP 2017-15-1 through 2018-02-1(2) at 29-37).
7.  Ms. Bell resigned from the Postal Service effective December 22, 2018 (Bell Resignation Letter; Bell Terminal Leave Wrksht).  At the time of her resignation, Ms. Bell’s annual leave was overdrawn 16 hours (Bell Clock Rings PP 2017-15-1 through 2018-02-1(2), p. 37).
8.  On February 7, 2018, the Postal Service issued an invoice and notice of debt determination for $346.01 for 20 hours of annual leave advanced to Ms. Bell but not earned (Petition, p. 5, 7).
9.  Ms. Bell filed a timely Petition.

DECISION

In a Debt Collection Act case, the Postal Service carries the burden of establishing that a debt exists.  Saunders v. United States Postal Service, AO 14-307, 2015 WL 13647622 (I.D. February 24, 2015).  The obligation to meet that burden in an overpayment case requires that the Postal Service produce sufficient evidence that the employee owes the debt, and that the amount the Postal Service seeks to collect is an accurate calculation of the debt alleged.  Id.  While the record reflects that Ms. Bell was overdrawn in her annual leave when she resigned, the Postal Service presented no evidence describing how the debt itself was calculated, nor even as to how the Postal Service determined the overdrawn leave to be 20 hours as alleged.
However, the documentary evidence submitted is sufficient to establish that the Postal Service has partially met its burden.  The Postal Service is seeking $346.01 for 20 hours of annual leave according to its notice of debt collection (Finding 8).  The clock rings on the Employee Everything Reports show that Ms. Bell was only overdrawn 16 hours of annual leave when she resigned (Finding 7).  Therefore, the Postal Service is only entitled to collect an amount equal to 16 hours.  While no clear evidence was submitted to show how the amount being sought was calculated, the Terminal Leave Worksheet shows Ms. Bell’s salary rate at the time of her resignation was $38,119, which would equal an hourly rate of $18.33 ($38,119/2080 hours in a work year).  Although 20 hours at $18.33 equals an amount of $366.60, the Postal Service is only seeking $346.01 (Finding 8).  Absent other evidence of how the debt was calculated, Ms. Bell is entitled to a $73.22 credit for the four hours not proved (18.33 * 4 = $73.22).  The Postal Service is only entitled to collect $272.69 ($346.01 - $73.22 = $272.69).
Ms. Bell does not dispute that her leave was overdrawn.  She argues that her supervisor did not properly explain her leave or accommodate her pregnancy.  Even if Ms. Bell was wrongfully denied certain accommodations for her pregnancy or improperly advised by her supervisor as to what forms she needed to provide, this forum is not the place for resolution of those disputes.  See Price v. United States Postal Service, AO 15-212, 2016 WL 10572233 (I.D. May 17, 2016).  Ms. Bell voluntarily resigned, and when she did so, she left an overdrawn annual leave balance.
Ms. Bell requests forgiveness of the debt based on financial hardship.  A hearing official in an administrative offset case does not have the authority to grant a waiver, but may consider financial hardship in setting a repayment schedule. See Kathryn R. Yates, AO 08-67, 2008 WL 11383898 (I.D. June 18, 2008).  Neither the Postal Service nor Ms Bell proposed an offset schedule.  However, Ms. Bell did submit argument to support her claim of financial hardship.  Based on that argument, I find that Ms. Bell must pay $25 per month until the debt is repaid.

ORDER

The Petition is granted in part and denied in part.
Ms. Bell shall pay the sum of $25 on the first day of the month for 10 months beginning no later than November 1, 2018, and one final payment of $22.69 to satisfy the remaining debt of $272.69.  If Ms. Bell fails to make a timely payment for a period of greater than 60 days from the payment due date, or otherwise fails to pay the balance of this debt, the Postal Service retains its right to collect the debt (or any unpaid balance) by administrative offset in accordance with federal law.²

Diane M. Mego
Administrative Judge