U.S.Fish and Wildlife Service 225 FW 7,  Exhibit 5, Travel as Driver to a Temporary Duty Station 
FWM#:         213 (new)

Date:            September 7, 1995
Series:          Personnel
Part 225:      Classification, Pay and Allowances
Originating Office: Division of Personnel Management

 TRAVEL AS A DRIVER OF A PASSENGER VEHICLE TO A
TEMPORARY DUTY STATION AS "HOURS OF WORK" UNDER FLSA
 

TABLE 1: Travel as a Driver on a One-Day Assignment (to and return from a temporary
duty (TDY) station during the same day)
 
If an employee drives a vehicle: l/ and, if: Is the travel time outside regular working hours "hours of work"?2/ 
From home directly to TDY station/job site the job site is located within the limits of the official duty station  
______________________
the TDY station is located outside the limits of the official duty station 
NO
________________________
Yes 3/
From a TDY station/job site directly to his/her home the job site is located within the limits of the official duty station 
______________________
the TDY station is located outside the limits of the official duty station
No
________________________
Yes 3/
 

TABLE 2: Travel as a Driver That Keeps an Employee Away from the
Official Duty Station Overnight
 

TABLE 2A: Travel to the First Temporary Duty Station (and Return
from the Last Temporary Duty Station) 4/
 
If an employee drives a vehicle: /1 Is the travel time outside regular working hours "hours of work"? 2/ 
From home directly to a TDY station
Yes 3/
From home directly to temporary lodgings
Yes
From temporary lodgings to TDY station (or return)
No
From a TDY station directly to his /her home
Yes 3/
From temporary lodgings directly to his/her home 
Yes
 

TABLE 2B:  Travel to a Second (or Subsequent) Temporary Duty Station (s)
 
If an employee 1/ drives a vehicle: and, if the second TDY station is located: and, if the employee: Is the travel time outside regular hours "hours of work"? 2/ 
From first temporary lodgings to second TDY station/job site
within the limits of first TDY station 
_______________
outside limits of first TDY station
NA
________________
returns to first TDY station the same day
_________________
remains overnight at second TDY station
NO 
_______________
Yes 5/ and 6/ 
_______________
Yes 5/ and 7/ 
From first temporary lodgings to second temporary lodgings
within the limits of first TDY station
_______________
outside limits of first TDY station
NA
_________________
remains overnight at second TDY station
No 
_________________
Yes
From first TDY station to second temporary lodgings
within the limits of first TDY station
_______________
outside limits of first TDY station
NA
_________________
remains overnight at second TDY station
No 
________________
Yes 5/ 
 

1/ In contrast to home to work situations covered herein, it should be noted that if an employee drives a vehicle from his/her official duty station indirectly to a TDY station (or from the first TDY station directly to a subsequent TDY station), the travel time is hours worked regardless of whether the TDY station (job site) is located within or outside the limits of the official duty station. The same rule applies for the return trip.

2/ All travel time as a driver of a vehicle during regular hours is hours worked.

3/ The employee shall be compensated for the time spent driving that is in excess of normal home to work travel. (NOTE: This deduction of normal home to work travel from the total travel time involved is appropriate only when the home to work portion of the travel is performed outside regular working hours or outside corresponding hours on nonwork days.)

4/ If the employee, for personal reasons, does not use temporary lodgings provided at the temporary duty station and commutes daily from home, the daily home to work travel is not working time. Only the employee's travel time in excess of normal home to work travel to the first temporary duty assignment and from the last temporary assignment is considered hours worked.

5/ The employee shall be compensated for the time spent driving that is in excess of normal commuting time at the first temporary duty station (i.e., travel time in excess of normal travel from the first temporary lodgings to the first temporary duty station).

6/ The excess travel time to the employee's temporary lodgings on the return trip is also hours worked.

7/ If the employee, for personal reasons, does not use temporary lodgings provided at the second temporary duty station, the daily commuting time on the second day (and subsequent days) is not compensable hours worked.



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