Availability Pay: Availability pay applies to Law Enforcement Officers (LEOs) who perform criminal investigative work and are required to work, or be available to work, substantial unscheduled overtime. What qualifies as travel for the purpose of this provision? 5307. Thus, employees who travel in connection with union activities are not entitled to earn compensatory time off for travel because they are traveling for the benefit of the union, and not for agency-related work purposes. Overtime This means that an employee may earn credit hours only by working within the flexible time bands established by the agency or union agreement. Employees will now be able to earn religious compensatory time up to 13 pay periods before and up to 13 pay periods after the time off is used. You should obtain supervisor approval prior to working extra hours. Your supervisor will be notified to approve the hours requested. A - Z Index; FAQs; Forms; Reports & Publications; Combined . Valid Values: N/A U.S. Office of Personnel Management. Each employing organization is responsible for controlling overtime. No. 207) and 5 CFR 551.501, and are subject to OPM's compensatory time off regulations at 5 CFR 551.531. A. The travel time between the regular worksite and the airport is creditable as time in a travel status. HDP is not included as part of the employee's basic rate of pay for the computation of overtime, holiday pay, Sunday premium or the amount of retirement, TSP and life insurance deductions. May an agency restore an employee's forfeited "use-or-lose" annual leave because the employee elected to use earned compensatory time off for travel instead of using his or her excess annual leave? PURPOSE: To explain the use of and processes for compensatory time off for travel, which is earned by an employee for time spent in a travel status away from the employee's official duty station when such time is not otherwise compensable. Additional situations in which an agency may choose to provide for payment of compensatory time off include, but are not limited to, the following: Example 1: A Federal employee moves to a position with a different FLSA exemption status (i.e., from an FLSA-nonexempt position to an FLSA-exempt position or vice versa). 105 and certain legislative branch agencies. 5542(a)(2), for employees with rates of basic pay greater than the basic pay for GS-10, step 1, the overtime hourly rate is the greater of-. Q6. Compensatory time off may be approved in lieu of overtime pay for irregular or occasional overtime work for both FLSA exempt and nonexempt employees who are covered by the definition of "employee" at 5 U.S.C. COMPENSATORY TIME EARNED Back to Data Standards. Q9. the expiration date, what happens depends on whether you are an maximum GS salary ($183,500 in FY23). Looking for U.S. government information and services? 5543 and, for That amount is then multiplied by the number of HDP hours to be paid. The agency may choose to provide payment for compensatory time off when a Federal employee transfers to another component within the same agency. Compensatory time off for travel may be earned by an employee only for time spent in a travel status away from the employee's official duty station when such time is not otherwise compensable. For example, after completing his or her workday, an employee may travel directly from the regular worksite to an airport to attend an out-of-town meeting the following morning. (When exception #4 applies, the employee must be paid for the unused compensatory time off; forfeiture is not an option.). One is your salary: if your salary is at - or close to - the Employee Coverage is when you receive hours of leave instead of pay. When is it appropriate for an agency to offset creditable time in a travel status by the amount of time the employee spends in normal commuting between home and work? Such waiting time at the airport is considered usual waiting time and is creditable time in a travel status. the .gov website. The definition of agency in 5 U.S.C. You will submit a leave Overtime work may be regularly scheduled or irregular. However, an employee is entitled to earn compensatory time off for travel for time spent in a travel status when such time is not otherwise compensable. A. Compensatory time off for travel may be earned by an employee only for time spent in a travel status away from the employee's official duty station when such time is not otherwise compensable. What is compensatory time off for travel? Effective April 27, 2008, prevailing rate (wage) employees are covered under the compensatory time off for travel provision. In other words, travel must be for work purposes and must be approved by an authorized agency official or otherwise authorized under established agency policies. The employee must use all of the compensatory time off for travel held in abeyance by the end of the 26th pay period following the pay period in which the employee returns to duty, or such compensatory time off for travel will be forfeited. GS-10 Basic Pay rate. A. A. A. The Regular Comp Time Earned and Used report displays a listing when compensatory time is earned and used and the year and pay period in which the leave will expire. Compensatory time off for travel is a new form of compensatory time off that may be earned by an employee for time spent in a travel status away from the employee's official duty station when such time is not otherwise compensable. A. 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. What happens to an employee's accrued compensatory time off for travel upon transfer to another agency? Share sensitive information only on official, secure websites. An employee's unused compensatory time off is subject to the regulations under which it was earned, regardless of the employee's current FLSA exemption status. A .gov website belongs to an official government Overtime is when you are paid for extra hours that you work, whereas comp time Are all employees covered by this provision? (See 5 U.S.C. 5545b, special overtime hour thresholds of 53 hours per week or 106 hours per biweekly pay period apply. Q7. An employee must comply with his or her agency's procedures for requesting credit of compensatory time off, and the employee must file a request for such credit within the time period established by the agency. Q2. 5547 or the aggregate limitation on pay established under 5 U.S.C. PURPOSE. However, on the return trip to Washington, DC, the time zone from San Francisco, CA, must be used to calculate how many hours the employee spent in a travel status. Use or Lose.. 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. The amount of HDP is determined by multiplying the percentage rate authorized for the exposure by the employee's hourly rate of pay. An employees rate of basic pay is used in computing premium pay. Standby duty pay under 5 U.S.C. A. ) or https:// means youve safely connected to A. Compensatory time off for travel is a separate form of compensatory time off that may be earned by an employee for time spent in a travel status away from the employee's official. A. Time Off for Religious Reasons is recorded in a special leave account and may be worked either before or after the time off period. 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. Availability pay compensates an employee for all unscheduled duty hours. Compensatory Time - the paid absence from duty taken by a GS employee in lieu of monetary payment for an equivalent amount of irregular or unscheduled overtime worked. Hours are awarded in March each year. Under the amended 5 U.S.C. A. Diversity, Equity, Inclusion, and Accessibility, fact sheet on restoration of annual leave, Classifying Federal Wage System Positions, Frequently Asked Questions for Hybrid Work Environment, Federal Workforce Priorities Report (FWPR), Federal Labor-Management Information System, Recruitment, Relocation & Retention Incentives. As such, the value of an hour of compensatory time off is equal to the overtime hourly rate that is payable in dollars. However, an agency has discretionary authority to provide payment for accrued compensatory time off in other circumstances. Entering your hours is a two step process. Q40. Q18. 1900 E Street, NW, Washington, DC 20415. secure websites. A Sunday-through-Saturday administrative workweek is typical. Rate per mile. Q1. a. An FLSA-exempt or nonexempt employee must be paid for compensatory time off not used by the end of the 26th pay period after the pay period during which it was earned at the overtime rate in effect when earned if the employee is unable to use the compensatory time off because of separation or placement in a leave without pay status (1) to perform service in the uniformed services or (2) because of an on-the-job injury with entitlement to injury compensation under 5 U.S.C. Environmental Differential Pay (EDP) is paid for exposure to various degrees of hazards, physical hardships and working conditions. GS Employees and FWS employees may earn night and shift differential pay. It also cannot be earned by an employee whose Basic Pay rate exceeds the maximum for a GS-15. It depends. (i) involves the performance of work while traveling, (ii) is incident to travel that involves the performance of work while traveling, (iii) is carried out under arduous conditions, or (iv) results from an event which could not be scheduled or controlled administratively. A. Definition: Number of compensatory time in lieu of overtime hours earned during the pay period. If you are exempt: you will forfeit the leave. Youll receive emails after submitting the request, and after it is approved. When an employee's travel involves two or more time zones, the time zone from point of first departure must be used to determine how many hours the employee actually spent in a travel status for the purpose of accruing compensatory time off for travel. 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. A. Premium pay paid under title 5 is subject to certain biweekly or annual pay limitations. 5547). You should use your accrued comp time before using Annual Leave. An FLSA-nonexempt employee must use accrued compensatory time off by the end of the 26th pay period after the pay period during which it was earned. Q31. The Office of Personnel Management (OPM) has updated the regulations for earning and repaying religious compensatory time. An employee must use his or her accrued compensatory time off for travel by the end of the 26th pay period after the pay period during which it was earned or the employee must forfeit such compensatory time off, except in certain circumstances. If the hours are reported in ITAS, either as overtime or compensatory time earned, DFAS will drop them when calculating pay. When are criminal investigators who receive availability pay precluded from earning compensatory time off for travel? The definition specifically excludes time spent traveling in connection with union activities. Except in certain circumstances (see Q24 and Q25), any compensatory time off for travel not used by the end of the 26th pay period after the pay period during which it was earned must be forfeited. What happens to an employee's unused compensatory time off for travel upon separation from Federal service? Official websites use .gov 202-606-1800. There are several factors which affect how you could be compensated for working hours to your normal/approved schedule. expire. Q10. 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. There is a step-by-step guide to submitting time requests. 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). A. Compensatory time off for travel is earned for qualifying time in a travel status. Is time spent traveling creditable as credit hours for an employee who is authorized to earn credit hours under an alternative work schedule? Lock Time off with pay in lieu of overtime pay for irregular or occasional overtime work. Q14. Q27. Travel comp time When you travel in connection to TTS, the time you spend traveling may be regular time, overtime, or travel comp time, depending on when the travel occurs. Employees in senior-level (SL) and scientific or professional (ST) positions who are paid under 5 U.S.C. Example: An employee earns 16 hours of compensatory time off under 5 CFR 551.531 in lieu of FLSA overtime pay while employed in an FLSA-nonexempt position. Secure .gov websites use HTTPS Q11. An FLSA-exempt employee must use accrued compensatory time off by the end of the 26th pay period after the pay period during which it was earned. A. Premium pay excludes overtime pay and compensatory time off in lieu of overtime pay earned by FLSA-nonexempt (covered) employees. 1 credit hour. Congress approved a cost of living increase for federal retirees. Section 1121 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136) amended the overtime pay cap provisions that apply to employees covered by 5 U.S.C. Secure .gov websites use HTTPS The following types of premium pay remain subject to a biweekly limitation when other premium payments are subject to an annual limitation: Compensatory Time Off: The biweekly pay limitation in 5 U.S.C. Definition: Number of compensatory time in lieu of overtime hours earned during the pay period. the .gov website. A. Premium pay is additional pay provided to employees for working certain types of hours or under certain types of conditions, as provided under 5 U.S.C. 5542(f)(2) and 5545b(b)-(d), 5 CFR 550.113(e), 5 CFR 550.1303-1304, 5 CFR 550.1306(b), and 5 CFR 551.541(d). supervisor will need to approve it. What qualifies as time in a travel status? When is it possible for criminal investigators who receive availability pay to earn compensatory time off for travel? 26 Jun, 2023, 09:00 ET. There is a step-by-step guide on adding the hours to your timesheet. chapter 81. These hourly overtime pay limitations do not apply to prevailing rate (wage) employees or to FLSA overtime pay. Q37. The compensatory time off provision applies to an "employee" as defined in 5 U.S.C. ), Diversity, Equity, Inclusion, and Accessibility, Classifying Federal Wage System Positions, Frequently Asked Questions for Hybrid Work Environment, Federal Workforce Priorities Report (FWPR), Federal Labor-Management Information System, Recruitment, Relocation & Retention Incentives, Night Pay for General Schedule Employees Fact Sheet, Guidance on Applying FLSA Overtime Provisions to Law Enforcement Employees Receiving Administratively Uncontrollable Overtime Pay. Hear Federal Employee stories as told in their own words. Diversity, equity, inclusion, and accessibility, Coaching, mentoring and professional development, Affinity groups, working groups, guilds, and communities of practice, Career Progression Framework (CPF) project description and overview, A supervisor's guide to onboarding new hires, step-by-step guide to submitting time requests, step-by-step guide on adding the hours to your timesheet. be paid out). Thus, availability pay recipients may not earn compensatory time off for travel during unscheduled duty hours because the employees are entitled to availability pay for those hours. See 5 CFR 550.114(e) and 551.531(e) for special rules regarding the administration of compensatory time off to an employee's credit as of May 14, 2007. If the travel qualifies as compensable hours of work under 5 U.S.C. If you are required to work additional To determine the maximum number of comp time hours that you can accrue per pay period, please use the , external,TTS-only, Bi-weekly Comp Time Cap Calculator. 207) and 5 CFR 551.501, and are subject to OPM's compensatory time off regulations at 5 CFR 551.531. Overtime limitations include those for National Guard technicians and employees in exempt positions (as defined by the Fair Labor Standards Act) who earn compensatory time instead of overtime. Q44. May an employee earn compensatory time off when he or she travels in conjunction with the performance of union representational duties? Regularly Scheduled Standby Duty Pay: Employees in positions required to remain at, or within the confines of, the workplace or station during longer than ordinary work periods, can receive annual Premium Pay when a substantial part of the time is spent in standby status, rather than performing work. An extended waiting period that occurs during an employee's regular working hours is compensable as part of the employee's regularly scheduled administrative workweek. A. Official websites use .gov An employee has the right to use compensatory time earned and must not be coerced to accept more compensatory time than an employer can realistically and in good faith expect to be able to grant within a reasonable period of his or her making a request for use of such time. Excepted categories of employees include members of the Senior Executive Service and Foreign Service officers, among others. Credit hours are. Religious compensatory time off (RCTO) is granted to employees whose personal religious beliefs require the abstention from work during certain periods of time. If a public agency elects to use the section 7(k) exemption, the public agency may, in the case of law enforcement personnel, exclude meal time . Although most employees do not receive holiday premium pay for time spent traveling on a holiday (or an "in lieu of" holiday), an employee continues to be entitled to pay for the holiday in the same manner as if the travel were not required. Compensatory time is accrued instead of payment for an equal amount of time spent in irregular or occasional overtime work. What if an employee experiences an "extended" waiting period? Section 5545b firefighters may not receive any premium pay except for overtime pay. Employees must use accrued compensatory time off for travel in increments of one-tenth of an hour (6 minutes) or one-quarter of an hour (15 minutes). A. However, the actual time worked is recorded for time and attendance purposes. You can be approved for credit hours if you want to voluntarily work additional A. Refer to the , external,TTS-only, Compensation for Government Travel slidedeck to determine the breakdown of your hours. Be a part of something greater than one's self. An employee on a full-time or part-time work schedule generally has a basic workweek with a tour of duty established before the workweek begins. The term "travel" is defined at 5 CFR 550.1403 to mean officially authorized traveli.e., travel for work purposes approved by an authorized agency official or otherwise authorized under established agency policies. Transaction Code (TC) 32, Prefix 77, Compensatory Time Worked . (Also see Q5.). Compensatory time off is Time off with pay in lieu of overtime pay for irregular or occasional overtime work, or When permitted under agency flexible work schedule programs, time off with pay in lieu of overtime pay for regularly scheduled or irregular or occasional overtime work.
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