[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]]     (c) OPM may from time to time request an agency to report on the use  of this authority. 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]