Work Hours & Work Week

[Code of Federal Regulations]
[Title 5, Volume 1, Parts 1 to 699]
[Revised as of January 1, 1997]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR610]

[Page 634-639]

TITLE 5--ADMINISTRATIVE PERSONNEL

CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT

PART 610--HOURS OF DUTY

Subpart A--Weekly and Daily Scheduling of Work

Sec.
610.101 Coverage.
610.102 Definitions.

Workweek

610.111 Establishment of workweeks.

Work Schedules

610.121 Establishment of work schedules.
610.122 Variations in work schedules for educational purposes.
610.123 Travel on official time.

Subpart B--Holidays

610.201 Identification of holidays.
610.202 Determining the holiday.

Subpart C--Administrative Dismissals of Daily, Hourly, and Piecework
Employees

610.301 Purpose.
610.302 Policy statement.
610.303 Definitions.
610.304 Coverage.
610.305 Standards.
610.306 Supplemental regulations.

Subpart D--Flexible and Compressed Work Schedules

610.401 General.
610.402 Coverage.
610.403 Definitions.
610.404 Requirement for time-accounting method.
610.405 Holiday for part-time employees on flexible work schedules.
610.406 Holiday for employees on compressed work schedules.
610.407 Premium pay for holiday work for employees on compressed work
schedules.
610.408 Use of credit hours.

Source: 33 FR 12474, Sept. 4, 1968, unless otherwise noted.

Subpart A--Weekly and Daily Scheduling of Work

Authority: 5 U.S.C. 6101; sec. 1(1) of E.O. 11228, 3 CFR, 1964--1965
Comp., p. 317.

Sec. 610.101 Coverage.

This subpart applies to each employee to whom subpart A of part 550
applies and to each employee whose pay is fixed and adjusted from time
to time under section 5343 or 5349 of title 5, United States Code, or by
a wage board or similar administrative authority serving the same
purpose.

[42 FR 3297, Jan. 18, 1977]

Sec. 610.102 Definitions.

In this subpart:
Administrative workweek means a period of 7 consecutive calendar
days designated in advance by the head of an

[[Page 635]]

agency under section 6101 of title 5, United States Code.
     Agency means an Executive agency and a military department as
defined by sections 105 and 102 of title 5, United States Code.
     Basic workweek, for full-time employees, means the 40-hour workweek
established in accordance with Sec. 610.111.
     Employee means an employee of an agency to whom this subpart
applies.
     Head of agency means the head of an agency or an official who has
been delegated the authority to act for the head of the agency in the
matter concerned.
     Regularly scheduled administrative workweek, for a full-time
employee, means the period within an administrative workweek,
established in accordance with Sec. 610.111, within which the employee
is regularly scheduled to work. For a part-time employee, it means the
officially prescribed days and hours within an administrative workweek
during which the employee is regularly scheduled to work.
     Regularly scheduled work means work that is scheduled in advance of
an administrative workweek under an agency's procedures for establishing
workweeks in accordance with Sec. 610.111.
     Tour of duty means the hours of a day (a daily tour of duty) and
the days of an administrative workweek (a weekly tour of duty) that
constitute an employee's regularly scheduled administrative workweek.

(5 U.S.C. 5548 and 6101(c))

[33 FR 12474, Sept. 4, 1968, as amended at 48 FR 3934, Jan. 28, 1983; 60
FR 67287, Dec. 29, 1995]

Workweek

Sec. 610.111 Establishment of workweeks.

    (a) The head of each agency, with respect to each full-time employee
to whom this subpart applies, shall establish by regulation:
    (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 regulation 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 40-hour 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 regulation, 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 regulation of the agency.
    (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

[[Page 636]]

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]

Work Schedules

Sec. 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]

Sec. 610.122 Variations in work schedules for educational purposes.

    (a) Notwithstanding Sec. 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.

[[Page 637]]

Sec. 610.123 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 Sec. 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.

Sec. 610.201 Identification of holidays.

In this subpart, ``holiday'' has the same meaning given that word in
section 2(a) of Executive Order 11582.

[42 FR 3297, Jan. 18, 1977]

Sec. 610.202 Determining the holiday.

    For purposes of pay and leave, the day to be treated as a holiday is
determined as follows:
    (a) When a holiday falls on a workday in an employee's basic
workweek (as defined in Sec. 610.102), that workday is his or her
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 section 6103(b) of title 5, United States Code, and
Executive Orders 11582.

[42 FR 3297, Jan. 18, 1977, as amended at 60 FR 67287, Dec. 29, 1995]

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.

Sec. 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.

Sec. 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.

Sec. 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]

Sec. 610.304 Coverage.

This subpart applies to regular employees of the Federal Government
paid at daily, hourly, or piecework rates. This subpart does not apply
to experts and consultants.

Sec. 610.305 Standards.

    An administrative order may be 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

[[Page 638]]

(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]

Sec. 610.306 Supplemental regulations.

Each agency is authorized to issue supplemental regulations not
inconsistent with this subpart.

[33 FR 12474, Sept. 4, 1968, as amended at 34 FR 2479, Feb. 21, 1969]

Subpart D--Flexible and Compressed Work Schedules

Authority: 5 U.S.C. 6133(a).

Source: 48 FR 44060, Sept. 27, 1983, unless otherwise noted.

Sec. 610.401 General.

This subpart contains regulatory requirements prescribed by the
Office of Personnel Management to implement certain provisions of
subchapter 11 of chapter 61 of title 5, United States Code. These
regulations supplement that subchapter and must be read together with
it.

Sec. 610.402 Coverage.

The regulations contained in this subpart apply only to flexible
work schedules and compressed work schedules established under
subchapter 11 of chapter 61 of title 5, United States Code.

Sec. 610.403 Definitions.

In this subpart, Agency, Credit Hours, and Employee have the meaning
given these terms in section 6121 of title 5, United States Code.

[58 FR 58262, Nov. 1, 1993]

Sec. 610.404 Requirement for time-accounting method.

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.

Sec. 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.

Sec. 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.

Sec. 610.407 Premium pay for holiday work for employees on compressed
work schedules.

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

[[Page 639]]

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.

Sec. 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]

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