Exhibit 1, 226 FW 1
Comparison of Flexible and Compressed
Work Schedules
FWM#: 436 (New)
Date:  December 17, 2003
Series: Personnel
Part 226:  Attendance and Leave
Originating Office:Division of Human Resources


  PDF Version

 

Flexible Work Schedules Compressed Work Schedules
a.  Basic Work Requirement

The basic work requirement for a full-time employee is 80 hours in a biweekly pay period. Supervisors may also establish daily or weekly work requirements. Supervisors may permit employees to complete their basic work requirement in less than 10 workdays.

a.  Basic Work Requirement

A full-time employee must work 80 hours in a biweekly pay period and must be scheduled to work on fewer than 10 workdays. A part-time employee has a fixed schedule of fewer than 80 hours in a biweekly pay period and must be scheduled to work on fewer than 10 workdays.

b.  Tour of Duty

The tour of duty defines the limits within which an employee must complete his/her basic work requirement.

b.  Tour of Duty

The tour of duty is defined by the fixed compressed work schedule that the supervisor established for the employee.

c.  Credit Hours

Hours may be worked in excess of the basic work requirement at the option of the employee (subject to supervisory approval) in order to vary the length of the workday or workweek. Not all flexible work schedule programs provide for credit hours.

c.  Credit Hours

There is no legal authority for credit hours under a compressed work schedule (see 5 U.S.C. 6121(4)).

d.  Overtime Work

Overtime work consists of hours of work that are officially ordered in advance and in excess of 8 hours in a day or 40 hours in a week, but does not include hours that are worked voluntarily, including credit hours, or hours that an employee is "suffered or permitted" to work which are not officially ordered in advance (see 5 CFR 551.401(a)(2)).

d.  Overtime Work

For a full-time employee, overtime work consists of all hours of work in excess of the established compressed work schedule. For a part-time employee, overtime work must be hours in excess of the compressed work schedule for the day (more than at least 8 hours) or for the week (more than at least 40 hours).

e.  Compensatory Time Off

A supervisor may, at the request of an employee, approve compensatory time off in lieu of overtime pay for non-SES employees (see 5 U.S.C. 6123(a)(1)). Mandatory compensatory time off is limited to FLSA-exempt employees (who are not prevailing rate employees) whose rate of basic pay is greater than the rate for GS-10, step 10 (see 5 CFR 550.114(c)).

e. Compensatory Time Off

Compensatory time off may be approved in lieu of overtime pay only for irregular or occasional overtime work by an employee other than an SES member. Mandatory compensatory time off is limited to FLSA-exempt employees (who are not prevailing rate employees) whose rate of basic pay is greater than the rate for GS-10, step 10.

f. Night Pay Differential

Employees must receive night pay for those hours that are regularly scheduled between 6 p.m. and 6 a.m. to complete an 8-hour tour of duty. Employees must receive night pay for all designated core hours worked between 6 p.m. and 6 a.m. and for any regularly scheduled overtime work between those hours.

f. Night Pay Differential

The regular rules governing entitlement to night pay at 5 CFR 550.121 and 122 apply. (See 5 CFR 532.505 for prevailing rate employees.)

g. Pay for Holiday Work

Holiday premium pay for nonovertime work is limited to a maximum of 8 hours in a day for full-time or part-time employees. A part-time employee scheduled to work on a day designated as an "in lieu of" holiday for full-time employees is not entitled to holiday premium pay for work performed on that day.

g.  Pay for Holiday Work

Holiday premium pay for nonovertime work is limited to the number of hours normally scheduled for that day. A part-time employee scheduled to work on a day designated as an "in lieu of" holiday for full-time employees is not entitled to holiday premium pay for work performed on that day.

h.  Pay for Sunday Work

A full-time employee who performs regularly scheduled nonovertime work during a period of duty, part of which is performed on Sunday, is entitled to Sunday premium pay (25 percent of the rate of basic pay) for the entire period of work up to 8 hours (see 5 CFR 550.171). A part-time employee is not entitled to Sunday premium pay for Sunday work (see 5 U.S.C. 5546(a), 46 Comp. Gen. 337 (1966), and 5 CFR 610.111(d)).

h. Pay for Sunday Work

A full-time employee who performs regularly scheduled nonovertime work during a period of duty, part of which is performed on a Sunday, is entitled to Sunday premium pay (25 percent of the rate of basic pay) for the entire scheduled period of duty that day. (See 5 U.S.C. 6128(c) and 5 CFR 610.111(d).) A part-time employee is not entitled to premium pay for Sunday work.

i.  Holidays

A full-time employee prevented from working on a holiday (or an "in lieu of" holiday) is entitled to pay for 8 hours for that day. A part-time employee prevented from working on a holiday is entitled to pay for the number of hours he or she would have worked but for the holiday, not to exceed 8 hours. When a holiday falls on a nonworkday for a part-time employee, there is no entitlement for an "in lieu of" holiday. (See 5 U.S.C. 6124.)

i. Holidays

A full-time employee prevented from working on a holiday (or an "in lieu of" holiday) is entitled to pay for the number of hours of the compressed work schedule for the employee on that day. A part-time employee prevented from working on a holiday is entitled to pay for the number of hours of the compressed work scheduld on that day. When a holiday falls on a nonworkday of a part-time employee, there is no entitlement to pay or an "in lieu of" holiday. (See 5 CFR 610.406 and Comptroller General opinion B-217080, June 3, 1985.)

j. Excused Absence

The amount of excused absence a supervisor may grant an employee covered by a flexible work schedule is based on the employee's typical schedule.

j. Excused Absence

All compressed work schedules are fixed schedules. The regular practices applicable to administration of excused absence apply.

k. Temporary Duty

The supervisor may allow an employee on a flexible work schedule to continue the existing schedule, modify it, or require him/her to follow the schedule used at the temporary work site.

k. Temporary Duty

(Same as Flexible Work Schedules)

l. Travel

Time spent in a travel status is considered to be hours of work only as provided in 5 CFR 550.112(g) or 5 U.S.C. 5544 (prevailing rate employees) for FLSA exempt employees, and as provided in 5 CFR 550.112(g) or 5 U.S.C. 5544 and 5 CFR 551.422 for nonexempt employees. Supervisors must determine whether or not they are required to place employees on a standard fixed schedule when traveling.

l. Travel

(Same as Flexible Work Schedules)

m. Application of Flexible Work Schedules in Unorganized Units

Authorized officials may unilaterally implement flexible work schedule programs in unorganized units. There is no requirement for a vote of affected employees.

m. Application of Compressed Work Schedules in Unorganized Units

In an unorganized unit, a majority of affected employees must vote in favor of a compressed work schedule program before an authorized official can establish one (see 5 U.S.C. 6127(b)).

n. Determining Hardships under Flexible Work Schedules

Because flexible work schedule programs generally provide employees the flexibility to continue to work traditional schedules, it is not necessary to consider exclusion of an employee from the flexible work schedule program for personal hardship.

n. Determining Hardships under Compressed Work Schedules


An employee for whom a compressed work schedule program would impose a personal hardship may request exclusion from the program. The affected employee must submit such a request in writing to his/her supervisor. The supervisor must determine whether a personal hardship exists. If so, the supervisor, or other appropriate official, must except the employee from the compressed work schedule program or arrange for his/her reassignment to the first position that meets the criteria in 5 U.S.C. 6127(b)(2)(B).


For information on the specific content of this exhibit, contact the Division of Human Resources.   For additional information regarding this Web page, contact Krista Bibb , in the Division of Policy and Directives Management, at Krista_Bibb@fws.gov. 

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