Title 5Government Organization and EmployeesRelease 119-73

§5926 Compensatory time off at certain posts in foreign areas

Title 5 › Part PART III— - EMPLOYEES › Subpart Subpart D— - Pay and Allowances › Chapter CHAPTER 59— - ALLOWANCES › Subchapter SUBCHAPTER III— - OVERSEAS DIFFERENTIALS AND ALLOWANCES › § 5926

Last updated Apr 6, 2026|Official source

Summary

Agency heads can give compensatory time off to employees who work in foreign posts, if the employee asks and the agency’s rules allow it — even if other laws would normally say otherwise. This can happen at isolated posts that must be staffed almost continuously, or at posts with irregular hours or special conditions. In the second case, the compensatory time must be used during the same pay period it is earned. The compensatory time can only be used while the employee is assigned to the post where it was earned. If the employee is moved to another post before using it, the unused time is lost.

Full Legal Text

Title 5, §5926

Government Organization and Employees — Source: USLM XML via OLRC

(a)Under regulations prescribed pursuant to this subchapter, and notwithstanding subchapter V of chapter 55 of this title or any other law, the head of an agency may, on request of an employee serving in a foreign area—
(1)at an isolated post performing functions required to be maintained on a substantially continuous basis, grant the employee compensatory time off for an equal amount of time spent in regularly scheduled overtime work; or
(2)at a post in a locality that customarily observes irregular hours of work or where other special conditions are present, in order to cope with those special circumstances, grant the employee compensatory time off for an equal amount of time spent in regularly scheduled overtime work for use during the pay period in which it is earned.
(b)Compensatory time earned under this section shall be for use only while the employee is assigned to the post where it is earned. Any such compensatory time not used at the time the employee is reassigned to another post shall be forfeited.

Reference

Citations & Metadata

Citation

5 U.S.C. § 5926

Title 5Government Organization and Employees

Last Updated

Apr 6, 2026

Release point: 119-73