PRIA Logo™
Title 5, Government Organization and EmployeesRelease 119-102

§6128 Compressed Schedules; Computation of Premium Pay

Title 5 › PART III — EMPLOYEES › Subpart E — Attendance and Leave › CHAPTER 61 — HOURS OF WORK › SUBCHAPTER II — FLEXIBLE AND COMPRESSED WORK SCHEDULES › § 6128

Last updated Aug 21, 2026|Official source

Summary

Says that the normal overtime rules do not apply to hours that are part of a compressed work schedule. If a full-time worker goes beyond their compressed schedule, those extra hours are overtime and are paid under the usual overtime rules. A part-time worker on a compressed schedule starts getting overtime after the same number of hours that would trigger overtime for a full-time worker on a similar schedule. If a full-time compressed-schedule worker works a shift that includes any Sunday time (and it is not overtime), they get their regular pay plus a 25% extra for the whole shift. If they work on a federal holiday, they get their regular pay plus an extra equal to their regular pay (100% extra) for hours up to their normal work requirement that day. Hours on the holiday beyond that get overtime pay under the usual laws or the Fair Labor Standards Act, whichever benefits the worker more.

Full Legal Text

Title 5, §6128

Government Organization and Employees, Source: USLM XML via OLRC

(a)The provisions of section 5542(a) and 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 law, which relate to premium pay for overtime work, shall not apply to the hours which constitute a compressed schedule.
(b)In the case of any full-time employee, hours worked in excess of the compressed schedule shall be overtime hours and shall be paid for as provided by the applicable provisions referred to in subsection (a) of this section. In the case of any part-time employee on a compressed schedule, overtime pay shall begin to be paid after the same number of hours of work after which a full-time employee on a similar schedule would begin to receive overtime pay.
(c)Notwithstanding section 5544(a) or 5546(a) of this title, or any other applicable provision of law, in the case of any full-time employee on a compressed schedule who performs work (other than overtime work) on a tour of duty for any workday a part of which is performed on a Sunday, such employee is entitled to pay for work performed during the entire tour of duty at the rate of such employee’s basic pay, plus premium pay at a rate equal to 25 percent of such basic pay rate.
(d)Notwithstanding section 5546(b) of this title, an employee on a compressed schedule who performs work on a holiday designated by Federal statute or Executive order is entitled to pay at the rate of such employee’s basic pay, plus premium pay at a rate equal to such basic pay rate, for such work which is not in excess of the basic work requirement of such employee for such day. For hours worked on such a holiday in excess of the basic work requirement for such day, the employee is entitled to premium pay in accordance with the provisions of section 5542(a) or 5544(a) of this title, as applicable, or the provisions of section 7 of the Fair Labor Standards Act (29 U.S.C. 207) whichever provisions are more beneficial to the employee.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1992—Subsec. (a). Pub. L. 102–378, § 2(44)(E)(i), substituted “5542(a) and 5544(a)” for “5542(a), 5544(a), and 5550(2)”. Subsec. (c). Pub. L. 102–378, § 2(44)(E)(ii), substituted “5544(a) or 5546(a)” for “5544(a), 5546(a), or 5550(1)”. 1991—Subsec. (a). Pub. L. 102–40 substituted “section 7453(e)” for “section 4107(e)(5)”.

Reference

Citations & Metadata

Citation

5 U.S.C. § 6128

Title 5, Government Organization and Employees

Last Updated

Aug 21, 2026

Release point: 119-102