May 17, 2007

via email

To: All U.S. Fish and Wildlife Service Employees

From: Assistant Director – Budget, Planning and Human Resources

Subject: Changes to Pay Regulations

The purpose of this message is to inform you of the following changes to pay regulations that became effective on May 14, 2007.

Compensatory Time Off

The U.S. Office of Personnel Management has established a time frame for all agencies during which an employee must use earned compensatory time off.  Effective May 14, 2007, an employee must use accrued compensatory time off by the end of the 26th pay period after the pay period during which it was earned.  In the Fish and Wildlife Service, employees who are nonexempt from the provisions of the Fair Labor Standards Act (FLSA) will receive payment for such unused compensatory time off.  Employees who are FLSA-exempt will forfeit such unused compensatory time off.  Employees who have unused compensatory time off to their credit as of May 14, 2007, will have a period of 3 years to use such compensatory time off.  It must be used no later than the end of the pay period which ends 3 years after May 14, 2007.

The new regulations also stipulate that time off for FLSA-nonexempt employees should not be considered in applying the biweekly or annual premium pay limitations.

Restriction on Paying Sunday Premium Pay

The OPM has revised 5 CFR 550.171(a) by deleting language stating that Sunday premium pay is paid during periods of paid leave or excused absence.  This revision brings the OPM regulations into compliance with Public Law 105-277 which expanded the permanent restriction on the payment of Sunday premium pay to effectively prohibit such payment to employees during any period when no work is performed.  This includes holidays, periods of paid leave, excused absence, compensatory time off, credit hours or time off as an incentive or performance award.

If you have any questions concerning the information in this message, please contact your servicing human resources office.