The new overtime pay cap became effective on November 24, 2003. Therefore, the employee may earn compensatory time off for such travel, subject to the exclusion specified in 5 CFR 550.1404(b)(2) and the requirements in 5 CFR 550.1404(c), (d), and (e). To qualify for this purpose, travel must be officially authorized. Reach out to , external,TTS-only, #people-ops if you need assistance. Agencies must provide payment for, or require forfeiture of, compensatory time off under the conditions set forth in 5 CFR 550.114(d)-(f) and 5 CFR 551.531(d)-(f), as applicable. An agency may not adjust the regularly scheduled administrative workweek normally applied to an employee (part-time or full-time) solely for the purpose of including planned travel time otherwise not considered compensable hours of work. Please visit the OPMs Sunday Premium Pay page for complete details. How long does an employee have to use accrued compensatory time off for travel? An official website of the United States government. FLSA-exempt employees earn compensatory time off in lieu of title 5 overtime pay under 5 U.S.C. Hours are awarded in March each year. Q27. Official websites use .gov 5542(b)(2)(A) and 5 CFR 550.112(g)(1).) Under certain conditions, an agency may permit an employee to earn credit hours by performing productive and essential work while in a travel status. overtime. One is your salary: if your salary is at - or close to - the Compensatory time off is merely an alternative form of payment for overtime work. the .gov website. Eligibility is determined by your human resources office. 5545(c)(2); Availability pay for criminal investigators under 5 U.S.C. (See definition in 5 CFR 550.103.). Q6. Compensatory Time Off for Travel - Questions & Answers to Fact Sheet Compensatory Time Off for Religious Observances and Other Miscellaneous Changes A Rule by the Personnel Management Office on 04/29/2019 Document Details Printed version: PDF Publication Date: 04/29/2019 Agency: Office of Personnel Management Dates: Effective May 29, 2019. Q14. Q3. COMPENSATORY TIME EARNED Back to Data Standards. eCFR :: 29 CFR Part 553 -- Application of the Fair Labor Standards Act . COMPENSATORY TIME EARNED Back to Data Standards. An employee's request for credit of compensatory time off for travel may be denied if the request is not filed within the time period required by the agency. For GS employees whose Basic Pay rate exceeds the minimum rate for GS-10, the hourly overtime rate is the greater of 1.5 times the hourly GS-10 minimum Basic Pay rate or the employee's own actual hourly Basic Pay rate. HDP may not be more than 25 percent of the employee's rate of Basic Pay. A. You need to enter your overtime, comp time, or credit hours into HRLinks. What qualifies as time in a travel status? Pay Period Process Check Calendar for Timeline Changes due to Holidays! A. Is compensatory time off for travel considered in applying the premium pay and aggregate pay caps? Answering your questions about Healthcare and Insurance. 5304(c)(2)(A), 5305(j), and 5542; 5 CFR 530.308(a) and 5 CFR 531.610(c); and the definition of rate of basic pay in 5 CFR 550.103. Therefore, it is not considered time in a travel status for the purpose of earning compensatory time off for travel. Airplane*. 6121 (4)) provides that credit hours may be earned only within an employees flexible work schedule. Under what circumstances do OPM regulations require an agency to either provide payment for, or require forfeiture of, an employee's unused compensatory time off? For overtime pay purposes, rate of basic pay means the rate of pay fixed by law or administrative action for the position held by an employee, including any applicable locality payment or special rate supplement. If accrued compensatory time off is not used by an FLSA-nonexempt employee within 26 pay periods or if the FLSA-nonexempt employee transfers to another agency or separates from Federal service before the expiration of the 26 pay period time limit, the employee must be paid for the earned compensatory time off at the overtime rate in effect when earned. Compensatory time off for travel may not be considered in applying the biweekly or annual premium pay limitations established under 5 U.S.C. Document your request to your supervisor, via email, in advance of the time youll need to miss, along with the schedule of the time you will work outside of normal hours to compensate. May an employee earn compensatory time off when he or she travels in conjunction with the performance of union representational duties? Compensatory time worked must be approved in advance and cannot be earned when payment of the extra hours at overtime rates would be improper. Refer to the , external,TTS-only, Compensation for Government Travel slidedeck to determine the breakdown of your hours. Earned leave is posted before leave taken in the same pay period is charged against your leave balances. Credit hours are. What if an employee travels from a worksite to a transportation terminal? 5545b and 5 CFR part 550, subpart M, including special premium pay rules: General Schedule (GS) employees and other covered employees may receive certain types of premium pay for a biweekly pay period only to the extent that the sum of basic pay and premium pay for the pay period does not exceed the greater of the biweekly rate payable for (1) GS-15, step 10 (including any applicable locality payment or special rate supplement), or (2) the rate payable for level V of the Executive Schedule. The night differential is 10 percent of the hourly basic rate. secure websites. Compensable. A lock ( A. Employees in senior-level (SL) and scientific or professional (ST) positions who are paid under 5 U.S.C. A. Compensatory Time Off - U.S. Office of Personnel Management Thus, an employee may not earn compensatory time off for travel for traveling on a workday during regular working hours because the employee is receiving his or her rate of basic pay for those hours. you have. Defense Finance and Accounting Service > CivilianEmployees Employees who are on intermittent work schedules are not eligible to earn and use compensatory time off for travel because they do not have a scheduled tour of duty for leave purposes. Work Schedules Lock Under these circumstances, the travel time outside an employee's regular working hours is not compensable as overtime hours of work under regular overtime or availability pay. For example, certain travel time may be creditable as hours of work under the overtime pay provisions in 5 CFR 550.112 (g) or 551.422. Ensuring compensatory time is taken in the same pay period as overtime hours; Nearly 30% of business owners are in legal jeopardy from providing comp time to nonexempt employees. No. Agencies are required to provide payment for accrued compensatory time off under the conditions set forth in 5 CFR 550.114 and 5 CFR 551.531. Regularly scheduled overtime is overtime work scheduled prior to the beginning of a regularly scheduled administrative work week. Compensatory Time Off in Lieu of Overtime Pay for Schedule C Employees Creditable Travel In this example, the employee's compensatory time off for travel entitlement is as follows: Total travel time: 13 hours minus Travel time within regular working hours: 4.5 hours Travel to/from airport within limits of official duty station: 2 hours Compensatory time off for travel: 6.5 hours Back to Top For example, an interagency conference sponsored by the Department of Justice would be considered a joint endeavor of the participating Executive Branch agencies and within their administrative control. How is compensatory time off for travel earned and credited? Also, compensatory time off for travel, compensatory time off for religious observances, credit hours, and hazardous duty pay are not considered to be premium payments for either FLSA-exempt or nonexempt employees, and, therefore, are not subject to the biweekly and annual limitations on premium pay. Time is considered compensable if the time is creditable as hours of work for the purpose of determining a specific pay entitlement (e.g., overtime pay for travel meeting one of the four criteria in 5 CFR 550.112(g)(2)) even when the time may not actually generate additional compensation because of applicable pay limitations (e.g., biweekly premium pay cap). The agency may choose to provide payment for compensatory time off when a Federal employee transfers to another component within the same agency. A minimum of two hours is paid, including for holiday callbacks or callbacks during the employee's regular work schedule. For more details, please visit the Office of Personnel Managements (OPM) Availability Pay page. Standby duty pay under 5 U.S.C. ), Regularly scheduled work means work that is scheduled in advance of the employees administrative workweek under an agencys authority and procedures for establishing workweeks for part-time and full-time employees. Q22. Callback Pay: If a callback occurs on a holiday during the employee's regular schedule, a minimum of two hours of holiday Premium Pay is paid. Q16. Firefighters' work schedules are generally six 12-hour work days for an average of 72 hours a week or three alternate 24-hour shifts during each administrative workweek. rate that was in effect when you earned the hours). A. The capped premium pay is considered complete compensation for all hours of work creditable under the premium pay provisions. A locked padlock Share sensitive information only on official, The Office of Personnel Management (OPM) has updated the regulations for earning and repaying religious compensatory time. A. chapter 55, subchapter V and 5 CFR part 550, subpart A. supervisor will need to approve it. Also see the definition of "scheduled tour of duty for leave purposes" in 5 CFR 550.1403. Airline travelers generally are required to arrive at the airport at a designated pre-departure time (e.g., 1 or 2 hours before the scheduled departure, depending on whether the flight is domestic or international). 101-105 and 5541(1).) A - Z Index; FAQs; Forms; Reports & Publications; Combined . A. Fire chiefs, assistant fire chiefs, fire prevention inspectors and similar fire protection personnel have basic 40-hour work week schedules, or tours of duty, unless duties require substantial standby time. However, the actual time worked is recorded for time and attendance purposes. Compensatory time is accrued instead of payment for an equal amount of time spent in irregular or occasional overtime work. Conversely, the agency may allow the employee to maintain his or her compensatory time off balance in the new position, subject to the regulations under which it was earned. Credit Hours Under a Flexible Work Schedule - U.S. Office of Personnel If such employee's travel time is not compensable under 5 CFR 550.112(g) or 5 CFR 551.422, as applicable, and meets the requirements in 5 CFR part 550, subpart N, the employee is eligible to earn compensatory time off for travel for time spent in a travel status. Important Information Both 5 CFR 550.114 and 5 CFR 551.531 are derived from the statutory authority governing compensatory time off in 5 U.S.C. Share sensitive information only on official, Q37. When an employee travels at a time other than the time selected by the agency, the agency must determine the estimated amount of time in a travel status the employee would have had if the employee had traveled at the time selected by the agency. Any time off balance will not transfer. Comp Time-Regular Earned and Used - National Finance Center Employee Coverage The phrase "an event which could not be scheduled or controlled administratively" refers to the ability of an agency in the Executive Branch of the United States Government to control the scheduling of an event which necessitates an employee's travel.
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