P.S. Docket No. DCA 21-470

FINAL DECISION UNDER THE DEBT COLLECTION ACT OF 1982

This matter involves four claims of debt that Respondent seeks for payments made to Petitioner while Petitioner was on leave without pay and being paid by the Department of Labor, Office of Workers’ Compensation (OWCP).  A hearing was held with both parties present by video-teleconferencing.  The following facts are based on the record.  

FINDINGS OF FACT

1. At all relevant times, Petitioner Nancy Campos worked for the Postal Service (Resp. Exh. 2 at 3).
2. From March 22, 2021, through August 13, 2021, Petitioner was on OWCP leave and was paid by the Department of Labor (Resp. Exh. 2 at 4; Resp. Exh. 3).
Invoice No. 703231742
3. On September 15, 2021, Respondent issued Invoice No. 703231742 to Petitioner in the amount of $200.79 (Resp. Exh. 4).
4. Petitioner was erroneously paid for 8.6 hours of regular pay (Code 52) in the amount of $216.60 in Pay Period 14 of 2021 covering the weeks of June 19, 2021, through July 2, 2021 (Resp. Exh. 4; Resp. Exh. 7 at 38). 
5. Petitioner did not work during this pay period (Finding 2).
6. The referenced invoice reflected a lower amount than Petitioner would have normally been due because of a tax credit (Tr. 22).
7. Petitioner was owed an additional credit in the amount of $189.17 for health benefit premiums that the Postal Service deducted from this erroneous payment (Tr. 53-54, 74-77).
8. The Postal Service did not issue the $189.17 credit by the date of the hearing (Tr. 79-80).
Invoice No. 703231743
9. On September 15, 2021, Respondent issued Invoice No. 703231743 to Petitioner in the amount of $49.64 (Resp. Exh. 5).
10. Petitioner was erroneously paid for deviated miles in the amount of $49.64 in Pay Period 14 of 2021 (Resp. Exh. 5; Resp. Exh. 7 at 38). 
11. Petitioner did not work during this pay period (Finding 2).
Invoice No. 703235521
12. On September 29, 2021, Respondent issued Invoice No. 703235521 to Petitioner in the amount of $226.21 (Resp. Exh. 6).
13. Petitioner was paid for 16 hours of sick leave (Code 56) in the amount of $433.20 in Pay Period 9 of 2021 covering the weeks of April 10, 2021, through April 23, 2021 (Tr. 31-32; Resp. Exh. 6; Resp. Exh. 7 at 45). 
14. Petitioner did not work during this pay period (Finding 2).
15. The Postal Service did not explain why Petitioner only received $34.79 for this pay period and why it seeks $226.21 in return (Tr. 65-71; Resp. Exh. 7 at 45).
Invoice No. 703195745
16. On May 12, 2021, Respondent issued Invoice No. 703195745 to Petitioner in the amount of $338.31 (Resp. Exh. 2).
17. In Pay Period 7 of 2021, covering the weeks of March 13, 2021, through March 26, 2021, Petitioner was paid for five days of continuation of pay (COP) but was only entitled to be paid for one day (Tr. 35-37, 41-43; Resp. Exh. 2 at 2; Resp. Exh. 7 at 50). 
18. Petitioner did not work during this pay period (Finding 2).

DECISION

This case is a cautionary tale of why it is important that supervisors properly enter time records.  In this case, multiple entry errors by Petitioner’s supervisor led to a confusing and sometimes conflicting number of erroneous payments to Petitioner.  At least four of those erroneous payments are the subject of this dispute.  The Postal Service presented only one witness to explain the multitude of payroll mistakes and its later attempts to correct the errors and initiate collection.  To resolve these disputes, I accepted jurisdiction — without objection from the parties — over the four disputed debts, although only a single Notice of Involuntary Administrative Salary Offsets was entered into the record.  Pet. Exh. 1.  To ease explanation of this matter, I divide this decision by invoice number.

Invoice No. 703231742
Here, the Postal Service established by a preponderance of the evidence that the payment of $200.79 was in error as Petitioner was on OWCP leave during this pay period.  However, the testimony from the Postal Service’s witness also established that a credit was due Petitioner for this pay period.  The witness admitted both that the credit was due and that it had not been made, nor was it in “the works” to be paid.  Tr. 79-80.  That admission was sufficient to offset the invoice by $189.17.  Accordingly, I find that Petitioner only owes $11.62 for payment in full on Invoice No. 703231742. 

Invoice No. 703231743
In Pay Period 14 of 2021, Petitioner was erroneously paid $49.64 for deviated miles (Finding 10).  As Petitioner was not working during this pay period, the Postal Service established by a preponderance of the evidence that the payment was in error.  Accordingly, I find that Petitioner owes $49.64 for payment in full on Invoice No. 703231743. 

Invoice No. 703235521
This invoice seeks $226.21 as payment for 16 hours of sick leave paid to Petitioner during Pay Period 9 of 2021.  The facts establish that the error was made, and that Petitioner was not entitled to the sick leave payment.  At the same time, the Postal Service failed to establish by a preponderance of the evidence how this debt amount was calculated, nor could it explain why Petitioner only received payment of $34.79 for this pay period.  Because the Postal Service met its burden that an overpayment was made, but could not explain the amount due, I will award the Postal Service only the amount paid to Petitioner.  Accordingly, I find that Petitioner only owes $34.79 for payment in full on Invoice No. 703235521. 

Invoice No. 703195745
This final invoice seeks $338.31 as payment for an overpayment of COP.  The Postal Service established that Petitioner was paid for five days of COP in week 2 of Pay Period 7 of 2021.  The Postal Service also established that Petitioner’s 45-day COP period ended after the first day of the second week of that pay period, resulting in an overpayment of 4 days of COP.  As evidenced by Petitioner’s salary, the amount on the invoice was correct.  Tr. 43-44.  Although the testimony was unclear on the issue of the salary adjustment used to establish the amount due, I was satisfied that the explanation offered at trial was sufficient for the Postal Service to meet its burden.  Accordingly, I find that Petitioner owes $338.31 for payment in full on Invoice No. 703195745.¹

ORDER

The Petition is GRANTED IN PART and DENIED IN PART.  The Postal Service may collect the following amounts by administrative salary offset.²
On Invoice No. 703231742, the Postal Service may collect only $11.62.  The remainder of the invoice is declared INVALID.

On Invoice No. 703231743, the Postal Service may collect the full amount of $49.64. 
On Invoice No. 703235521, the Postal Service may collect only $34.79.  The remainder of the invoice is declared INVALID.
On Invoice No. 703195745, the Postal Service may collect the full amount of $338.31.