PRIA, Government Policy, Made Personal

Summary

Agencies may, when an employee in the flexible-schedule program asks, give the employee compensatory time off instead of paying overtime. If the employee does not ask for comp time, the agency must pay overtime under the usual laws. Employees do not get pay just for working credit hours unless section 6126 allows it or those hours count toward their basic work requirement. (Credit hours = extra hours an employee chooses to work under a flexible schedule.) Choosing to work credit hours or choosing arrival or departure times that fall in night hours does not by itself create a right to night premium pay or night differential. Two exceptions apply: if the required presence hours plus optional credit or elected hours outside the night window total less than 8 hours, pay is given to make the total reach 8 hours; and if required presence hours include night hours, those night hours get the premium. For certain employees, night differential is paid if most or all schedule hours fall in the night period, or if 4 hours of the schedule fall in the night period, as specified in the other statutes.

Title 5, §6123

Government Organization and Employees, Source: USLM XML via OLRC

(a)For purposes of determining compensation for overtime hours in the case of an employee participating in a program under section 6122 of this title—

(1)the head of an agency may, on request of the employee, grant the employee compensatory time off in lieu of payment for such overtime hours, whether or not irregular or occasional in nature and notwithstanding the provisions of section 5542(a), 5543(a)(1) and section 5544(a) of this title, section 7453(e) of title 38, section 7 of the Fair Labor Standards Act (29 U.S.C. 207), or any other provision of law; or

(2)the employee shall be compensated for such overtime hours in accordance with such provisions, as applicable.

(b)Notwithstanding the provisions of law referred to in subsection (a)(1) of this section, an employee shall not be entitled to be compensated for credit hours worked except to the extent authorized under section 6126 of this title or to the extent such employee is allowed to have such hours taken into account with respect to the employee’s basic work requirement.

(c)(1)Notwithstanding section 5545(a) of this title, premium pay for nightwork will not be paid to an employee otherwise subject to such section solely because the employee elects to work credit hours, or elects a time of arrival or departure, at a time of day for which such premium pay is otherwise authorized, except that—

(A)if an employee is on a flexible schedule under which—

(i)the number of hours during which such employee must be present for work, plus

(ii)the number of hours during which such employee may elect to work credit hours or elect the time of arrival at and departure from work,

which occur outside of the nightwork hours designated in or under such section 5545(a) total less than 8 hours, such premium pay shall be paid for those hours which, when combined with such total, do not exceed 8 hours, and

(B)if an employee is on a flexible schedule under which the hours that such employee must be present for work include any hours designated in or under such section 5545(a), such premium pay shall be paid for such hours so designated.

(2)Notwithstanding section 5343(f) of this title, and section 7453(b) of title 38, night differential will not be paid to any employee otherwise subject to either of such sections solely because such employee elects to work credit hours, or elects a time of arrival or departure, at a time of day for which night differential is otherwise authorized, except that such differential shall be paid to an employee on a flexible schedule under this subchapter—

(A)in the case of an employee subject to subsection (f) of such section 5343, for which all or a majority of the hours of such schedule for any day fall between the hours specified in such subsection, or

(B)in the case of an employee subject to subsection (b) of such section 7453, for which 4 hours of such schedule fall between the hours specified in such subsection.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1992—Subsec. (a)(1). Pub. L. 102–378 substituted “5543(a)(1) and section 5544(a)” for “5543(a)(1), 5544(a), and 5550”. 1991—Subsec. (a)(1). Pub. L. 102–40, § 403(c)(2)(A), substituted “section 7453(e)” for “section 4107(e)(5)”. Subsec. (c)(2). Pub. L. 102–40, § 403(c)(2)(B), in introductory provisions substituted “section 7453(b)” for “section 4107(e)(2)” and in subpar. (B) substituted “subsection (b) of such section 7453” for “subsection (e)(2) of such section 4107”.

§6123 Flexible Schedules; Computation of Premium Pay

Summary

Title 5, §6123

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata