Flexible Work Schedules |
Compressed Work Schedules |
a. Basic Work Requirement
The basic work requirement for a full-time
employee is 80 hours in a
biweekly pay period.
Agencies may also establish daily
or weekly work requirements. The agency head determines the number
of hours a part-time employee must work in a specific period. Agencies
may permit employees to complete their basic work requirement in
less than 10 workdays.
|
a. Basic Work Requirement
A full-time employee must work 80 hours in biweekly pay period
and must be scheduled to work on fewer than 10 workdays. A part-time
employee has a fixed schedule of fewer than 80 hours in a biweekly
pay period and must be scheduled to work on fewer than 10 workdays.
|
b. Tour of Duty
The tour of duty defines the limits within
which an employee must complete
his or her basic work requirement.
|
b. Tour of Duty
The tour of duty is defined by the fixed compressed
work schedule established by the agency.
|
c. Credit Hours
Hours may be worked in excess of the basic work requirement at the option
of the employee in order to vary
the length of the workday or workweek. Not all FWS
programs provide for credit
hours.
|
c. Credit Hours
The law provides credit hours only for flexible
work schedules. There is no legal authority for credit hours
under a CWS program. See 5 U.S.C.
6121(4).
|
d. Overtime Work
Overtime work consists of hours of work that are officially ordered
in advance and in excess of 8 hours in a day or 40 hours in a week,
but does not include hours that are worked voluntarily, including
credit hours, or hours that
an employee is "suffered
or permitted" to work which are not officially ordered in advance.
(See 5 CFR 551.401(a)(2).)
|
d. Overtime Work
For a full-time employee, overtime work consists of all hours of
work in excess of the established compressed work schedule. For a part-time employee,
overtime work must be hours in excess of the compressed work schedule
for the day (more than at least 8 hours) or for the week (more than
at least 40 hours).
|
e. Compensatory Time Off
An agency may, at the request of an employee,
approve compensatory time off in lieu of overtime pay for non-SES
employees. (See 5 U.S.C. 6123(a)(1).) Mandatory
compensatory time off is limited to FLSA-exempt employees (who are
not prevailing rate employees)
whose rate of basic pay is greater than the rate for GS-10, step
10. (See 5 CFR 550.114(c).)
|
e. Compensatory Time Off
Compensatory time off may be approved in lieu of overtime pay only
for irregular or occasional overtime work by an "employee"
as defined in 5 U.S.C. 5541(2) or by a prevailing
rate employee as defined in 5 U.S.C. 5342(a)(2), but may not be
approved for an SES member. Mandatory compensatory time off is limited
to FLSA-exempt employees (who are not prevailing rate employees)
whose rate of basic pay is greater than the rate for GS-10, step
10.
|
f. Night Pay
For GS and other employees covered by 5 U.S.C. 5545(a), agencies
must pay night pay for those hours that must be worked between 6
p.m. and 6 a.m. to complete an 8-hour daily tour of duty. Agencies must also pay
night pay for all designated core hours worked between 6 p.m. and
6 a.m. and for any regularly scheduled overtime work between those
hours.
|
f. Night Pay
The regular rules governing entitlement to night pay, at 5 CFR 550.121 and 122, apply.
(See 5 CFR 532.505 for prevailing rate employees.)
|
g. Pay for Holiday Work
Holiday premium pay for nonovertime work is limited to a maximum
of 8 hours in a day for full-time or part-time employees. A part-time employee scheduled
to work on a day designated as an "in lieu of" holiday
for full-time employees is not entitled to holiday premium pay for
work performed on that day.
|
g. Pay for Holiday Work
Holiday premium pay for nonovertime work is limited to the number
of hours normally scheduled for that day. A part-time employee scheduled
to work on a day designated as an "in lieu of" holiday
for full-time employees is not entitled to holiday premium pay for
work performed on that day.
|
h. Pay for Sunday Work
A full-time employee who performs
regularly scheduled nonovertime work during a period of duty, part
of which is performed on Sunday, is entitled to Sunday premium pay
(25 percent of the rate of basic pay) for the entire period of work
up to 8 hours. (See 5 CFR
550.171.) A part-time employee is not entitled to Sunday premium
pay for Sunday work. (See 5 U.S.C 5546 (a), 46 Comp. Gen.
337 (1966), and 5 CFR.610.111(d).)
|
h. Pay for Sunday Work
A full-time employee who performs regularly scheduled non-overtime
work during a period of duty, part of which is performed on Sunday,
is entitled to Sunday premium pay (25 percent of the rate of basic
pay) for the entire scheduled period of duty that day. (See 5 U.S.C. 6128(c) and 5 CFR 610.111(d).)
A part-time employee is not entitled to premium pay for Sunday work.
|
i. Holidays
A full-time employee prevented from working on a holiday
(or an "in lieu of" holiday) is entitled to pay for 8
hours for that day. A part-time employee prevented from working
on a holiday is entitled to pay for the number of hours he or she
would have worked but for the holiday, not to exceed 8 hours. When
a holiday falls on a nonworkday of a part-time employee, there is
no entitlement to pay for an "in lieu of" holiday. (See
5 U.S.C. 6124.)
|
i. Holidays
A full-time employee prevented from working on a holiday (or an
"in lieu of" holiday) is entitled to pay for the number
of hours of the compressed work schedule
for the employee on that day. A part-time employee prevented from
working on a holiday is entitled to pay for the number of hours
of the compressed work schedule on that day. When a holiday falls
on a nonworkday of a part-time employee, there is no entitlement
to pay or an "in lieu of" holiday. (See 5 CFR
610.406 and Comptroller General opinion B-217080, June 3, 1985.)
|
j. Excused Absence
The amount of excused absence to be granted an employee covered by an FWS program should be based on his or her typical
schedule.
|
j. Excused Absence
All compressed work schedules are fixed schedules.
The regular agency practices applicable
to administration of excused absence apply.
|
k. Temporary Duty
The agency may allow an employee covered by an FWS program to continue the existing schedule,
modify that schedule, or require him or her to follow the schedule
used at the temporary work site.
|
k. Temporary Duty
(Same as Flexible Work Schedules)
|
l. Travel
Time spent in a travel status is considered to be hours of work
only as provided in 5 CFR 550.112(g) or 5 U.S.C. 5544 (prevailing rate employees)
for FLSA exempt employees, and as provided in 5 CFR
550.112(g) or 5 U.S.C. 5544 and 551.422 for nonexempt employees. Agencies may find it advisable to establish
procedures to revert employees to standard fixed schedules when
traveling.
|
l. Travel
(Same as Flexible Work Schedules)
|
m. Application of Flexible Work Schedules in Unorganized
Units
Agencies may unilaterally install FWS
programs in unorganized units. There is no requirement for a vote
of affected employees.
|
m. Application of Compressed Work Schedules in Unorganized
Units
In an unorganized unit, a majority of affected employees must vote
to be included in a CWS program. (See
5 U.S.C. 6127(b).)
|
n. Determining Hardships
under Flexible Work Schedules
Since FWS programs generally provide employees the flexibility to continue to
work traditional schedules, the agency is not required to consider exclusion
of an employee from the FWS program for personal hardship.
|
n. Determining Hardships under Compressed Work Schedules
An employee for whom a CWS program would impose a personal hardship
may request to be excluded from the program. The request must be
submitted to the agency in writing. The agency must determine whether
a personal hardship exists. If so, the employee must be excepted
from the CWS program or reassigned to the first position that meets
the criteria in 5 U.S.C. 6127(b)(2)(B).
|