OPM Part-Time, Seasonal, and Intermittent Federal Employment — Flexible Work Schedules in the Career Civil Service
Legal Authority
- 5 U.S.C. §§ 3401–3408 — Part-Time Career Employment Act of 1978 (Pub. L. 95-437); requires federal agencies to expand career part-time employment opportunities, report biannually to OPM, and not limit part-time scheduling solely on cost grounds
- 5 CFR Part 340 — OPM implementing regulation; defines the three alternative schedule categories (part-time career: 16-32 hrs/week; seasonal: annually recurring nonduty/nonpay status between seasons; intermittent: sporadic and unpredictable call-in work), establishes agency reporting deadlines, and prohibits using intermittent scheduling as a workaround for predictable regular positions
Key Mechanics
Five CFR Part 340 governs three distinct flexible employment categories in the federal career civil service. Part-time career employment applies to permanent or career-conditional employees (tenure groups I or II) scheduled for 16 to 32 hours per week; work below 16 hours is intermittent, above 32 hours is full-time; part-time career employees retain career status, retirement credit, and benefits with prorated pay. The Part-Time Career Employment Act creates an affirmative agency obligation to expand part-time opportunities — agencies must accommodate conversion requests where operationally feasible, not treat full-time as the default. Agencies report part-time employment data to OPM biannually (as of March 31 and September 30, due May 15 and November 15). Seasonal employment covers annually recurring work of less than 12 months annually — park rangers, wildlife biologists, field scientists; seasonal employees are permanent employees placed in nonduty/nonpay status between seasons, retaining retirement credit for work periods and benefits eligibility. Intermittent employment is appropriate only for positions where work is genuinely sporadic and unpredictable (inspectors, on-call specialists, episodic medical officers); agencies may not use intermittent scheduling for positions that realistically require predictable regular hours — that misuse is explicitly prohibited.
Current Rule (2026)
| Parameter | Value |
|---|---|
| Citation | 5 CFR Part 340 |
| Issuing agency | Office of Personnel Management (OPM) |
| Statutory authority | 5 U.S.C. §§ 3401–3408 (Part-Time Career Employment Act of 1978) |
| Last major amendment | No recent Federal Register amendments |
What This Rule Does
Most federal employment is conceived of as full-time, permanent, and year-round — but the reality of federal operations includes positions that are genuinely seasonal (wildlife biologists who work during field seasons, park rangers during summer), intermittent (specialists called when a particular need arises), or part-time (employees who need reduced hours for caregiving or other reasons). Five CFR Part 340 establishes the rules for these alternative work schedule categories within the career civil service.
The Part-Time Career Employment Act of 1978 (Public Law 95-437) created a statutory framework requiring agencies to expand part-time career employment opportunities and report on their progress. Part 340 implements this framework and also covers seasonal and intermittent appointments — distinct categories that share some characteristics with part-time work but have different legal structures.
Key Provisions — Part-Time Career Employment
- § 340.101 — Statutory scope: implements the Part-Time Career Employment Act requirements; "agency" covers executive agencies, military departments, and specified other entities in the executive branch
- § 340.202 — Definition: "part-time career employment" means regularly scheduled work of 16 to 32 hours per week performed by an employee in tenure group I or II (permanent or career-conditional status) who has an appointment specifically designating them as part-time career; work below 16 hours per week falls under intermittent appointment authority, not part-time career employment
- § 340.203 — OPM's role: OPM must provide, within available resources, consultation and technical advice to agencies to help them expand part-time career employment opportunities; OPM assistance includes policy guidance, training, and analysis of part-time employment data
- § 340.204 — Agency reporting: agencies must report part-time career employment data to OPM as of March 31 and September 30 each year, with submissions due May 15 and November 15 respectively; reports include current part-time employee counts, changes from the prior period, and the grade distribution of part-time employees
Key Provisions — Seasonal Employment
- § 340.401 — Definition: "seasonal employment" means annually recurring periods of work of less than 12 months each year; seasonal employees are permanent employees placed in nonduty/nonpay status between seasons and recalled to duty according to preestablished conditions
- § 340.402 — Purpose: seasonal employment allows agencies to maintain an experienced, stable workforce for work that recurs predictably year to year; seasonal employees are career employees who retain federal benefits including health insurance and retirement coverage even during their nonduty periods; this provides workforce stability compared to term or temporary appointments
- § 340.403 — Distinction from intermittent: seasonal employment is appropriate when work recurs on a predictable annual cycle and can be scheduled in advance; intermittent employment is appropriate when the nature of the work is sporadic and unpredictable, making advance scheduling impossible
Key Provisions — Intermittent and On-Call Employment
Intermittent work schedules are reserved for positions where the nature of the work is sporadic and unpredictable — inspectors called in for specific incidents, medical officers available for episodic clinical work, specialists consulted for unusual technical problems. Agencies may not use intermittent scheduling as a workaround for positions that realistically require regular, predictable scheduling.
How It Affects You
If you are a federal employee or applicant interested in part-time work, a part-time career appointment must be scheduled for 16 to 32 hours per week — it cannot be fewer than 16 hours (that would be intermittent) or more than 32 hours (that would be full-time). Part-time career employees in tenure groups I or II retain career status, retirement credit, and most benefits. Pay is prorated based on the work schedule relative to full-time. Part-time career appointments are specifically included in the Part-Time Career Employment Act's expansion mandate — agencies are required to consider requests for part-time scheduling.
If you work in federal HR and a current full-time employee requests conversion to part-time status, the Part-Time Career Employment Act directs agencies to accommodate such requests where consistent with operational needs. The agency is not required to grant every request, but the statute creates an affirmative obligation to expand part-time opportunities rather than treating full-time as the default for all positions.
Seasonal employees working at parks, forests, wildlife refuges, or other agencies with predictable peak seasons are in a career employment relationship even during their nonduty months. During the off-season they are in nonpay status, but they continue to accrue retirement credit for their work periods and remain eligible for benefits if they meet enrollment requirements. Recall to duty each season is governed by the conditions of employment established at initial appointment.
Intermittent employees are not guaranteed any specific number of hours or days of work — they are available to work when called, with no obligation on either side beyond the specific work occasion. Federal benefits (health insurance, retirement) may be limited for intermittent employees who do not work enough hours to qualify.
Statutory Authority
This rule implements:
- 5 U.S.C. §§ 3401–3408 — Part-Time Career Employment Act of 1978; requires federal agencies to expand career part-time employment opportunities, report to OPM on part-time employment data, and not limit part-time career employment solely on the basis of cost considerations
Recent Rulemakings
No major Federal Register amendments. The framework reflects the original Part-Time Career Employment Act requirements as implemented by OPM.