WORKWEEK 8610.111 Establishment of workweeks. (a) The head of each agency, with respect to each full-time employee to whom this subpart applies, shall establish by a written agency policy statement: (1) A basic workweek of 40 hours which does not extend over more than 6 of any 7 consecutive days. Except as provided in paragraphs (b), (c), and (d) of this section, the written agency policy statement shall specify the days and hours within the administrative workweek that constitute the basic workweek. (2) A regularly scheduled administrative workweek that consists of the 40hour basic workweek established in accordance with paragraph (a)(1) of this section, plus the period of regular overtime work, if any, required of each employee. Except as provided in paragraphs (b), (c), and (d) of this section, the written agency policy statement, for purposes of leave and overtime pay administration, shall specify by days and hours of each day the periods included in the regularly scheduled administrative workweek that do not constitute a part of the basic workweek. (b) When it is impracticable to prescribe a regular schedule of definite hours of duty for each workday of a regularly scheduled administrative workweek, the head of an agency may establish the first 40 hours of duty performed within a period of not more than 6 days of the administrative workweek as the basic workweek. A first 40-hour tour of duty is the basic workweek without the requirement for specific days and hours within the administrative workweek. All work performed by an employee within the first 40 hours is considered regularly scheduled work for premium pay and hours of duty purposes. Any additional hours of officially ordered or approved work within the administrative workweek are overtime work. (c) (1) When an employee is paid additional pay under section 5545(c)(1) of title 5, United States Code, his regularly scheduled administrative workweek is the total number of regularly scheduled hours of duty a week. (2) When an employee has a tour of duty which includes a period during which he remains at or within the confines of his station in a standby status rather than performing actual work his regularly scheduled administrative workweek is the total number of regularly scheduled hours of duty a week, including time in a standby status except that allowed for sleep and meals by a written agency policy statement. (d) When the head of an agency establishes a flexible or compressed work schedule under section 6122 or section 6127 of title 5, United States Code, he or she shall establish a basic work requirement for each employee as defined in section 6121 of title 5, United States Code. A flexible or compressed work schedule is a scheduled tour of duty and all work performed by an employee within the basic work requirement is considered regularly scheduled work for premium pay and hours of duty purposes. (5 U.S.C. 5548 and 6101(c)) [33 FR 12474, Sept. 4, 1968, as amended at 48 FR 3934, Jan. 28, 1983; 48 FR 44060, Sept. 27, 1983; 64 FR 69182, Dec. 10, 1999] EFFECTIVE DATE NOTE: At 64 FR 69182, Dec. 10, 1999, §610.111 was amended by removing "regulation" in the introductory text of paragraphs (a) and (c)(2) and replacing it with "a written agency policy statement" and by removing "regulation" in paragraphs (a)(1) and (a)(2) and replacing it with "written agency policy statement", effective Jan. 10, 2000. WORK SCHEDULES $610.121 Establishment of work schedules. (a) Except when the head of an agency determines that the agency would be seriously handicapped in carrying out its functions or that costs would be substantially increased, he or she shall provide that (1) Assignments to tours of duty are scheduled in advance of the administrative workweek over periods of not less than 1 week; (2) The basic 40-hour workweek is scheduled on 5 days, Monday through Friday when possible, and the 2 days outside the basic workweek are consecutive; (3) The working hours in each day in the basic workweek are the same; (4) The basic nonovertime workday may not exceed 8 hours; (5) The occurrence of holidays may not affect the designation of the basic workweek; and (6) Breaks in working hours of more than 1 hour may not be scheduled in a basic workday. (b)(1) The head of an agency shall schedule the work of his or her employees to accomplish the mission of the agency. The head of an agency shall schedule an employee's regularly scheduled administrative workweek so that it corresponds with the employee's actual work requirements. (2) When the head of an agency knows in advance of an administrative workweek that the specific days and/or hours of a day actually required of an employee in that administrative workweek will differ from those required in the current administrative workweek, he or she shall reschedule the employee's regularly scheduled administrative workweek to correspond with those specific days and hours. The head of the agency shall inform the employee of the change, and he or she shall record the change on the employee's time card or other agency document for recording work. (3) If it is determined that the head of an agency should have scheduled a period of work as part of the employee's regularly scheduled administrative workweek and failed to do so in accordance with paragraphs (b) (1) and (2) of this section, the employee shall be entitled to the payment of premium pay for that period of work as regularly scheduled work under subpart A of part 550 of this chapter. In this regard, it must be determined that the head of the agency: (i) Had knowledge of the specific days and hours of the work requirement in advance of the administrative workweek, and (ii) had the opportunity to determine which employee had to be scheduled, or rescheduled, to meet the specific days and hours of that work requirement. (5 U.S.C. 5548 and 6101(c)) [48 FR 3935, Jan. 28, 1983] $610.122 Variations in work schedules for educational purposes. (a) Notwithstanding §610.121, the head of an agency may authorize a special tour of duty of not less than 40 hours to permit an employee to take one or more courses in a college, university, or other educational institution when it is determined that: (1) The courses being taken are not training under chapter 41 of title 5, United States Code; (2) The rearrangement of the employee's tour of duty will not appreciably interfere with the accomplishment of the work required to be performed; (3) Additional costs for personal services will not be incurred; and (4) Completion of the courses will equip the employee for more effective work in the agency. (b) The agency may not pay to the employee any premium pay solely because the special tour of duty authorized under this section causes the employee to work on a day, or at a time during the day, for which premium pay would otherwise be payable. (c) OPM may from time to time request an agency to report on the use of this authority. 8610.123 Travel on official time. Insofar as practicable travel during nonduty hours shall not be required of an employee. When it is essential that this be required and the employee may not be paid overtime under § 550.112(e) of this chapter the official concerned shall record his reasons for ordering travel at those hours and shall, upon request, furnish a copy of his statement to the employee concerned. Subpart B-Holidays AUTHORITY: 5 U.S.C. 6101; sec. 1(1) of E.O. 11228, 3 CFR, 1964-1965 Comp., p. 317. §610.201 Identification of holidays. Holidays are determined under section 6103 of title 5, United States Code, and Executive Order 11582 of February 11, 1971. [64 FR 72458, Dec. 28, 1999] $610.202 Determining the holiday. For purposes of pay and leave, the day to be treated as a holiday is determined as follows: (a) Except when a different holiday is designated by section 6103(b)(3) of title 5, United States Code, when a holiday falls on a day during which part of the employee's basic workweek (as defined in §610.102) or basic work requirement (as defined in 5 U.S.C. 6121(3)) is scheduled to be completed, that workday is the employee's holiday. (b) When a holiday falls on a nonworkday outside an employee's basic workweek, the day to be treated as his or her holiday is determined in accordance with sections 6103 (b) and (d) of title 5, United States Code, and Executive Order 11582. (c) When an agency determines the holiday in accordance with section 6103(d) of title 5, United States Code, for an employee under a compressed work schedule, the agency shall select a workday for the holiday that is in the same biweekly pay period as the date of the actual holiday designated under 5 U.S.C. 6103(a) or in the biweekly pay period immediately preceding or following that pay period. (d) The provisions of section 6103(b)(3) of title 5, United States Code, on determining holidays for certain employees at duty posts outside the United States apply to covered employees who are working outside the United States at a permanent or temporary station or under travel orders. For the purpose of section 6103(b)(3), United States includes (1) A State of the United States; (4) The U.S. Virgin Islands; (5) Outer Continental Shelf Lands, as defined in the Outer Continental Shelf Lands Act (67 Stat. 462); (6) American Samoa; (7) Guam; (8) Midway Atoll; (9) Wake Island; (10) Johnston Island; and (11) Palmyra. [42 FR 3297, Jan. 18, 1977, as amended at 60 FR 67287, Dec. 29, 1995; 62 FR 28308, May 23, 1997; 64 FR 72458, Dec. 28, 1999] Subpart C-Administrative Dismissals of Daily, Hourly, and Piecework Employees AUTHORITY: 5 U.S.C. 6104; E.O. 10552, 3 CFR, 1954-1958 Comp., p. 201. $610.301 Purpose. The purpose of this subpart is to provide uniform and equitable standards under which regular employees paid at daily, hourly, or piecework rates may be relieved from duty with pay by administrative order. §610.302 Policy statement. The authority in this subpart may be used only to the extent warranted by good administration for short periods of time not generally exceeding 3 consecutive work days in a single period of excused absence. This authority may not be used in situations of extensive duration or for periods of interrupted or suspended operations such as ordinarily would be covered by the scheduling of leave, furlough, or the assignment of other work. Insofar as practicable, each administrative order issued under this subpart shall provide benefits for regular employees paid at daily, hourly, or piecework rates similar to those provided for employees paid at annual rates. §610.303 Definitions. In this subpart: Administrative order means an order issued by an authorized official of an agency relieving regular employees from active duty without charge to leave or loss of pay. Regular employees means employees paid at daily, hourly, or piecework rates who have a regular tour of duty, and whose appointments are not limited to 90 days or less or who have been currently employed for a continuous period of 90 days under one or more appointments without a break in service. [33 FR 12474, Sept. 4, 1968, as amended at 34 FR 2479, Feb. 21, 1969; 60 FR 67287, Dec. 29, 1995] §610.304 Coverage. This subpart applies to regular employees of the Federal Government paid at daily, hourly, or piecework issued under this subpart when: (a) Normal operations of an establishment are interrupted by events beyond the control of management or employees; (b) For managerial reasons, the closing of an establishment or portions thereof is required for short periods; or (c) It is in the public interest to relieve employees from work to participate in civil activities which the Government is interested in encouraging. (d) The circumstances are such that an administrative order under paragraph (a), (b), or (c) of this section is not appropriate and the agency under its regulations excuses, or is authorized to excuse, without charge to leave or loss of pay, employees paid on an annual basis. [33 FR 12474, Sept. 4, 1968, as amended at 34 FR 2479, Feb. 21, 1969] An agency that authorizes a flexible work schedule or a compressed work schedule under this subpart shall establish a time-accounting method that will provide affirmative evidence that each employee subject to the schedule has worked the proper number of hours in a biweekly pay period. $610.405 Holiday for part-time employees on flexible work schedules. If a part-time employee is relieved or prevented from working on a day within the employee's scheduled tour of duty that is designated as a holiday by Federal statute or Executive order, the employee is entitled to basic pay with respect to the holiday for the number of hours the employee is scheduled to work on that day, not to exceed 8 hours. When a holiday falls on a nonworkday of a part-time employee, he or she is not entitled to an in-lieu-of day for that holiday. §610.406 Holiday for employees on compressed work schedules. (a) If a full-time employee is relieved or prevented from working on a day designated as a holiday by Federal statute or Executive order, the employee is entitled to basic pay for the number of hours of the compressed work schedule on that day. (b) If a part-time employee is relieved or prevented from working on a day within the employee's scheduled tour of duty that is designated as a holiday by Federal statute or Executive order, the employee is entitled to basic pay for the number of hours of the compressed work schedule on that day. When a holiday falls on a nonworkday of a part-time employee, he or she is not entitled to an in-lieu-of day for that holiday. $610.407 Premium pay for holiday work for employees on compressed work schedules. (a) An employee on a compressed schedule who performs work on a holiday is entitled to basic pay, plus premium pay at a rate equal to basic pay, for the work that is not in excess of the employee's compressed work schedule for that day. For hours worked on a holiday in excess of the compressed work schedule, a full-time employee is entitled to overtime pay under applicable provisions of law and a part-time employee is entitled to straight time pay or overtime pay, depending on whether the excess hours are nonovertime hours or overtime hours. (b) An employee on a compressed work schedule is not entitled to holiday premium pay while engaged in training, except as provided in § 410.402 of this chapter. [48 FR 44060, Sept. 27, 1983, as amended at 64 FR 69182, Dec. 10, 1999] EFFECTIVE DATE NOTE: At 64 FR 69182, Dec. 10, 1999, §610.407 was amended by redesignating the existing text as paragraph (a) and by adding paragraph (b), effective Jan. 10, 2000. $610.408 Use of credit hours. Members of the Senior Executive Service (SES) may not accumulate credit hours under an alternative work schedule. Any credit hours accumulated in the SES prior to December 1, 1993, must be used within 6 months of that date. [58 FR 58262, Nov. 1, 1993] PART 630-ABSENCE AND LEAVE Subpart A-General Provisions Sec. 630.101 Responsibility for administration. Subpart B-Definitions and General Provisions for Annual and Sick Leave 630.201 Definitions. 630.202 Full biweekly pay period; leave earnings. 630.203 Pay periods other than biweekly. 630.204 Fractional pay periods. 630.205 [Reserved] 630.206 Minimum charge. 630.207 Travel time. 630.208 Reduction in leave credits. 630.307 Time limit for use of restored annual leave-former missing employees. 630.308 Scheduling of annual leave. 630.309 Time limit for use of restored annual leave extended exigency of the public business. 630.310 Scheduling of annual leave by employees determined necessary for Year 2000 computer conversion efforts. Subpart D-Sick Leave 630.401 Grant of sick leave. 630.404 Limitation on advance sick leave. 630.701 Coverage. |