Title 5 — Government Organization and EmployeesRelease 119-73not60

§6131 Criteria and Review

Title 5 › Part III— EMPLOYEES › Subpart E— Attendance and Leave › Chapter 61— HOURS OF WORK › Subchapter II— FLEXIBLE AND COMPRESSED WORK SCHEDULES › § 6131

Last updated Apr 3, 2026|Official source

Summary

If the head of an agency finds a flexible or compressed work schedule has had or would have an adverse agency impact, the agency must quickly decide not to start that schedule or to stop it if it is already in place. If the schedule covers employees represented by a union, any bargaining deadlock over the agency’s decision must be sent to the Federal Service Impasses Panel (the Panel), which will review the evidence and will side with the agency if the evidence supports the finding. Adverse agency impact — a drop in agency productivity, a lower level of public services, or higher agency operating costs (not counting reasonable administrative setup costs). If the schedule is in a collective bargaining agreement, the agency may try to reopen the agreement to end it; the Panel must decide any impasse within 60 days, and the schedule cannot end until the agreement is renegotiated, expires, or the Panel issues its final decision. This rule does not apply to flexible schedules set up outside the authority of this subchapter.

Full Legal Text

Title 5, §6131

Government Organization and Employees — Source: USLM XML via OLRC

(a)Notwithstanding the preceding provisions of this subchapter or any collective bargaining agreement and subject to subsection (c) of this section, if the head of an agency finds that a particular flexible or compressed schedule under this subchapter has had or would have an adverse agency impact, the agency shall promptly determine not to—

(1)establish such schedule; or

(2)continue such schedule, if the schedule has already been established.

(b)For purposes of this section, “adverse agency impact” means—

(1)a reduction of the productivity of the agency;

(2)a diminished level of services furnished to the public by the agency; or

(3)an increase in the cost of agency operations (other than a reasonable administrative cost relating to the process of establishing a flexible or compressed schedule).

(c)(1)This subsection shall apply in the case of any schedule covering employees in a unit represented by an exclusive representative.

(2)(A)If an agency and an exclusive representative reach an impasse in collective bargaining with respect to an agency determination under subsection (a)(1) not to establish a flexible or compressed schedule, the impasse shall be presented to the Federal Service Impasses Panel (hereinafter in this section referred to as the “Panel”).

(B)The Panel shall promptly consider any case presented under subparagraph (A), and shall take final action in favor of the agency’s determination if the finding on which it is based is supported by evidence that the schedule is likely to cause an adverse agency impact.

(3)(A)If an agency and an exclusive representative have entered into a collective bargaining agreement providing for use of a flexible or compressed schedule under this subchapter and the head of the agency determines under subsection (a)(2) to terminate a flexible or compressed schedule, the agency may reopen the agreement to seek termination of the schedule involved.

(B)If the agency and exclusive representative reach an impasse in collective bargaining with respect to terminating such schedule, the impasse shall be presented to the Panel.

(C)The Panel shall promptly consider any case presented under subparagraph (B), and shall rule on such impasse not later than 60 days after the date the Panel is presented the impasse. The Panel shall take final action in favor of the agency’s determination to terminate a schedule if the finding on which the determination is based is supported by evidence that the schedule has caused an adverse agency impact.

(D)Any such schedule may not be terminated until—

(i)the agreement covering such schedule is renegotiated or expires or terminates pursuant to the terms of that agreement; or

(ii)the date of the Panel’s final decision, if an impasse arose in the reopening of the agreement under subparagraph (A) of this paragraph.

(d)This section shall not apply with respect to flexible schedules that may be established without regard to the authority provided under this subchapter.

Reference

Citations & Metadata

Citation

5 U.S.C. § 6131

Title 5 — Government Organization and Employees

Last Updated

Apr 3, 2026

Release point: 119-73not60