The information in this handbook is guidance. Where requirements are
stated, we have cited law or regulation.
For more information on alternative work schedules, contact the Compensation
Administration Division on (202) 606-2858 or email at payleave@opm.gov.
Alternative Work Schedules (AWS)
Introduction
The purpose of this handbook is to provide a framework for Federal agencies
to consult in establishing alternative work
schedules and to provide additional information to assist agencies
in administering such programs.
This handbook, with its appendices, provides detailed information on
the administration of flexible and compressed work schedules, jointly referred to
as alternative work schedules or AWS. However, this handbook does not cover every
situation that may arise under an alternative work schedule or other work
scheduling options available under 5 U.S.C. 6101. Moreover, since AWS programs
for bargaining unit employees are established by negotiated agreements,
bargaining unit employees and their supervisors and managers should consult
the applicable collective bargaining agreement
for its AWS provisions.
Although the decision to establish an AWS program is at the discretion
of the agency head, this discretion is subject to the obligation to negotiate
with the exclusive representative(s)
of bargaining unit employees. Consequently, references in the following
pages to actions that agencies may take in implementing AWS programs should
not be construed as authorizing unilateral action where bargaining unit
employees are concerned.
Note 1: Terms are defined in the definitions section. Readers unfamiliar with the terminology
of alternative work schedules will find it helpful to review these definitions.
Note 2: For information on the labor relations aspects of establishing
and terminating alternative work schedules, see the Labor-Management Relations
Guidance Bulletin, "Negotiating Flexible and Compressed Work Schedules,"
July 1995, OLRWP-12, which can be downloaded from OPM ONLINE, (202) 606-4800.
Under 5 U.S.C. 6122, a flexible work schedule includes designated hours
(core hours) and days when an
employee must be present for work.
A flexible work schedule also includes designated hours during which an
employee may elect to work in order to complete the employee's basic (non-overtime)
work requirement.
Under 5 U.S.C. 6121(5), a compressed work schedule means that an employee's
basic work requirement for
each pay period is scheduled (by the agency) for less than 10 workdays.
See the definition and requirements for regularly scheduled work in 5
CFR 610.102 and 5 CFR 610.111(d).
Compressed work schedules are always fixed schedules. (See Comptroller
General report B-179810, December 4, 1979.) Another difference between
flexible and compressed work schedules is that an employee on a flexible
work schedule may be credited with a maximum of 8 hours towards the employee's
basic work requirement on a holiday or Sunday (see 5 U.S.C. 6124 and the
definition of Sunday work in 5 CFR 550.103), whereas the number of holiday
or Sunday hours for an employee on a compressed work schedule is the number
of hours regularly scheduled for the employee to work on that day if not
for the holiday (see 5 U.S.C. 6128(c) and (d)).
There is no authority to establish hybrid work schedules that borrow
selectively from the authority for flexible work schedules and the authority
for compressed work schedules in an effort to create a hybrid work schedule
program providing unauthorized benefits for employees or agencies. See
Comptroller General report B-179810, December 4, 1979, and 50 FLRA No.
28, February 23, 1995. However, it should be noted that some forms of
flexible work schedules (e.g., maxiflex) allow work to be compressed in
fewer than 10 workdays in a biweekly pay period.
Authority and Responsibilities
a. Section 6133 of title 5, United States Code, grants the Office of
Personnel Management authority to--
(1) promulgate regulations necessary for the administration of AWS
programs,
(2) provide educational material and technical assistance relating to
AWS programs, and
(3) conduct periodic reviews of AWS programs established by agencies.
b. It is the agencies' responsibility to determine whether to establish
AWS programs; how to comply with the spirit of the President's memoranda
of July 11, 1994, and June 21, 1996, on providing family-friendly work
arrangements in the executive branch; negotiate with exclusive representatives
when appropriate; administer the programs efficiently; and ensure that
the AWS programs do not cause an adverse agency impact. (See section 7c,
below.)
c. Agencies wishing to establish flexible
or compressed work schedules permitted
under 5 U.S.C. 6122 and/or
5 U.S.C. 6127 do not need OPM approval.
Scope
Under subchapter II of chapter 61 of title 5, United States Code, AWS
programs may apply to employees
of any executive agency (excluding
the U.S. Postal Service), any military department, the Government Printing
Office, or the Library of Congress.
Exceptions
Nothing in the AWS program should be
interpreted as diminishing the authority of an organization using nonstandard work schedules
under 5 U.S.C. 6101 to continue to operate under
those schedules with their applicable premium pay entitlements. (A "nonstandard
work schedule" includes any schedule in which full-time employees work other than the standard schedule
of 8 hours per day and 5 days per week in an administrative workweek.
Such schedules include first 40-hour tours of duty, work schedules for
employees receiving annual premium pay for regularly scheduled standby
duty or administratively uncontrollable overtime, work schedules for employees
receiving availability pay, and any schedule in which employees work more
than 8 hours per day or 40 hours per week.)
Policy/Guidance
a. AWS programs have the potential
to enable managers and supervisors to meet their program goals while,
at the same time, allowing employees to be more flexible in scheduling
their personal activities. As employees gain greater control over their
time, they can, for example, balance work and family responsibilities
more easily, become involved in volunteer activities, and take advantage
of educational opportunities. The employee benefits provided by AWS programs
also are useful recruitment and retention tools.
b. The President's memorandum of July 11, 1994, "Expanding Family-Friendly
Work Arrangements in the Executive Branch," directed the heads of
all executive agencies to establish a program to encourage
and support the expansion of flexible family-friendly work arrangements.
The President's memorandum of June 21, 1996, "Implementing Federal
Family Friendly Work Arrangements," directed the heads of all executive
agencies to review their personnel practices and develop a plan of action
to provide their employees flexible hours that will enable employees
to schedule their work and meet the needs of their families.
c. An agency may determine the general policy, as well as guidelines,
instructions, and procedures providing for the establishment of AWS programs
in its headquarters and field activities.
d. An agency may establish any number of AWS programs.
e. The suspension of premium pay and scheduling provisions of title 5,
United States Code, and the overtime pay provisions of the Fair Labor
Standards Act of 1938, as amended (FLSA), as specified in 5 U.S.C.
6123 and 6128, apply only to organizational units participating in an
AWS program. All other provisions of title 5 and the FLSA remain in effect
for nonparticipating organizations.
Procedures for Establishing
Alternative Work Schedules
a. Bargaining unit employees may
participate in an AWS program only under
the terms provided in a negotiated agreement (5 U.S.C. 6130(a)(1) and
(2)). Therefore, an agency wishing to establish such a program for
these employees must negotiate the establishment and terms of the program
with the exclusive representative
of the bargaining unit.
b. 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).) Agencies
may unilaterally install FWS programs in unorganized units. For FWS programs,
there is no requirement for a vote of affected employees.
c. If the head of an agency determines that a proposed AWS schedule will
have an adverse impact on the agency, the agency may not establish such
a schedule (5 U.S.C. 6131(a)(1)). If the agency and the union representing
bargaining unit employees reach impasse over this determination, the impasse
must be presented to the Federal Service Impasses Panel for resolution
(5 U.S.C. 6131(c)(2)(A)).
d. Adverse agency impact is defined as--
- a reduction of an agency's productivity,
- a diminished level of services furnished to the public, or
- an increase in the cost of agency operations (other than an administrative
cost to process the establishment of an AWS program). (See 5 U.S.C. 6131(b).)
Procedures for Terminating
Alternative Work Schedules
If the head of an agency finds that
a particular AWS schedule has had an
"adverse agency impact," the agency must promptly determine
not to continue the schedule (5 U.S.C. 6131(a)(2)). If establishment of
the AWS schedule was negotiated, the agency may reopen the agreement to
seek its termination (5 U.S.C. 6131(c)(3)). If an impasse results, the
dispute goes to the Federal Service Impasses Panel, which will determine
within 60 days whether the agency's determination is supported by evidence.
If it is, the Panel must act in favor of the agency. See 5
U.S.C. 6131(c)(3)(B) and (C). The AWS schedule may not be terminated
until agreement is reached or the Panel acts. (See 5 U.S.C. 6106 and 6131(a)(3)(D).)
Special Procedures
for Time Accounting
a. General Remarks
(1) The requirements for time accounting applicable to Federal civilian
employees are found in part I of
chapter 3 of Title 6 of the General Accounting Office (GAO) Policy and
Procedures Manual for Guidance of Federal Agencies. Before establishing
a time accounting system for use with an AWS
program, agencies are encouraged to review GAO's guidance.
(2) Agencies wishing to participate in an AWS program must establish
a time accounting method that provides the supervisor with "affirmative"
or personal knowledge of each employee's entitlement to pay by showing
the number of hours of duty, attendance, and the nature and length of
absences. (See 5 CFR 610.404.)
(3) When a supervisor cannot approve from personal knowledge the entitlement
to pay for an employee on an alternative work schedule, there are a number of
time accounting options available that may be used to ensure adequate
controls. Examples are provided in paragraph "c" below.
b. Timekeeping
No specific form of timekeeping is appropriate in all situations. Rather,
each organization should examine
its own particular needs and make its selection based upon its needs.
GAO no longer prescribes methods for accounting for time.
c. Examples of Possible Time Accounting Methods
(1) Work Report System. A portion of the Time and Attendance Report form
used in many organizations may be set aside to record arrival and departure
times, as well as any other exceptions to the normal workday.
(2) Sign-in/sign-out sheets. Each employee is required to enter his or
her name, time of arrival and departure, and other exceptions to the normal
workday.
(3) Automatic Time Recording Equipment. These systems may be used for
flexible work schedule programs in Washington,
DC, and elsewhere. (See 5 U.S.C. 6125.)
(4) Work output assessment. For employees permitted to telecommute, supervisors
determine the reasonableness of the work output for the time spent and
also make occasional telephone calls or visits during the employee's scheduled
work time.
Changes in Payroll Procedures and Personnel
Policies
The introduction of an AWS program
may necessitate changes in payroll procedures, including computer programs.
For example, schedules that allow for the use of credit
hours may require changes in time and attendance cards or additional
records to account for each employee's
credit hours. Agencies may permit
the accumulation and use of credit hours or overtime hours in fractions of an hour.
Seasonal Schedules
If they so desire, agencies may
implement AWS programs only for certain
periods or seasons of the year. Generally, there are two reasons for such
seasonal implementation:
a. The agency's mission and functions are seasonal in nature; or
b. The agency determines that, though an AWS program for the entire year
would not be feasible, it would be possible from the perspective of the
agency's mission, and of substantial benefit to its employees,
to implement such a schedule for a certain period(s) of the year.
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