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Compensation and Leave

Leave

OHRM provides policy guidance and support to Mission Areas, agencies, and staff offices on the administration of leave and hours of work.

Bargaining unit employees must follow their Collective Bargaining Agreement.

New Employee

USDA is a leader in providing family-oriented programs, leave policies, and workplace flexibilities that support a positive, productive work culture and environment. This includes telework and remote work, flexible work schedules, health benefits, retirement program, leave programs, and part-time employment. USDA offers workplace flexibilities to attract and retain talented employees that will enable you to thrive both at work and at home. USDA recognizes the importance of family and is committed to assisting you in balancing your work and family responsibilities.

PAY

If you are under the General Schedule (GS) pay plan, your annual salary is based on the GS Locality Pay Tables or Special Rate Tables. Each GS grade has 10 steps and you will earn a Within-Grade Increase to advance to the next step if you’re in a permanent position and your performance is at an acceptable level of competence, you’ve completed the required waiting period to advance to the next step, and you have not received an equivalent increase during the waiting period.

Advances in Pay for New Appointees

If you are a new hire, your agency may advance up to two paychecks so you can pay immediate expenses that are normally incurred as a result of starting your new job. For additional information, see DR 4050-550-003, Advances in Pay.

Federal Holidays

There are 11 Federal holidays and if excused from work on the holiday, you will generally receive holiday paid time off (paid for your regular hours of excused absence at your base rate). If required to work on the holiday, you generally will receive holiday premium pay (double time). For additional information, see Office of Personnel Management (OPM) Factsheet: Holidays, Work Schedules, and Pay.

Overtime

Overtime is hours of work ordered or approved in advance by management in excess of 8 hours in a day or 40 hours in a workweek. If you are a nonexempt employee your overtime rate is 1 ½ times your regular rate of pay. If you are an exempt employee your overtime rate is 1 ½ times the rate of a GS-10 step 1, or your regular rate of pay, whichever is more. For additional information, see OPM Factsheet: Overtime Pay Title 5 and How to Compute FLSA Overtime Pay.

Sunday Premium Pay

Sunday pay is your base rate plus a 25% differential for regularly scheduled work performed on a Sunday. For additional information, see OPM Factsheet: Sunday Premium Pay.

Night Differential

Night pay is your base rate plus a 10% differential if you are regularly scheduled to work during a night shift from 6pm to 6am, but you may not receive night pay under a flexible work schedule for hours you voluntarily work before 6am or after 6pm. For additional information, see OPM Factsheet: Night Pay.

LEAVE

There are several different types of leave flexibilities available to Federal employees.

Annual Leave

Depending on years of service, most employees will earn a total of 13, 20, or 26 days of annual leave each year. Most employees may carry over a maximum of 240 hours into the next leave year (employees stationed outside the U.S. may carry over 360 hours and SES/SL/ST employees may carry over 720 hours).

You may use any or all accrued annual leave for personal needs, such as rest and relaxation, vacations, medical needs, personal business, emergencies, or to provide care for a healthy or sick family member. You have a right to take annual leave subject to the right of your supervisor to schedule the time at which annual leave may be taken. For additional information, see OPM Factsheet: Annual Leave.

Sick Leave

Most employees will earn a total of 13 days of sick leave each year (your sick leave accumulates, and you have no limit to the number of sick leave hours you can carry over each year). You are entitled to use an unlimited amount of accrued sick leave for your own personal medical needs. For additional information, see OPM Factsheet: Personal Sick Leave.

Advanced Annual and Sick Leave

If you need additional leave, you may request advanced annual leave and advanced sick leave. Agencies may advance annual leave in an amount not to exceed the amount you would accrue during the remainder of the leave year. Sick leave may be advanced for all purposes for which sick leave may be granted. The amount of sick leave that may be granted for specific purposes is outlined in the sick leave regulations, with a maximum of 104 hours being advanced for some purposes and a maximum of 240 hours for others. The maximum amount of advanced sick leave you may have to your credit at any one time is 240 hours. You may request advanced leave regardless of your existing annual leave and sick leave balances. For additional information, see OPM Factsheets: Advanced Annual Leave and Advanced Sick Leave.

Credit Hours

Most USDA agencies offer credit hours if you’re under a flexible work schedule. Credit hours are hours that you voluntarily elect to work with supervisory approval in excess of your basic work requirement. You earn credit hours and can use the hours on another day to be absent from work with no loss of pay. When you use credit hours, they’re treated just like regular time worked so you receive your regular pay for them. If you’re a full-time employee, you can only carry over 24 credit hours per pay period. You don’t receive overtime pay for these hours because they’re not ordered by management, they’re hours voluntarily chosen by you to work. Some employees under a flexible work schedule may not be allowed to earn credit hours since it’s a management decision to let employees work them. For additional information, see OPM Factsheet: Credit Hours Under a Flexible Work Schedule.

Compensatory Time Off

Compensatory time off is earned time off with pay instead of receiving overtime pay for overtime work. You may use compensatory time off to be absent from work for any purpose, with supervisory approval. Compensatory time off is voluntary and if you’re under a flexible work schedule you can request it instead of receiving irregular or regularly scheduled overtime. Nonexempt and prevailing rate employees may never be required to take compensatory time off instead of receiving overtime. However, if you are an exempt employee and your rate of basic pay exceeds the rate of a GS-10 step 10 then your agency may require you to take compensatory time off instead of receiving irregular or occasional overtime hours. For additional information, see OPM Factsheet: Compensatory Time Off.

Family and Medical Leave Act (FMLA)

The FMLA provides eligible employees with up to 12 workweeks of leave without pay with job protection during any 12-month period for a serious health condition that prevents you from performing your duties or to care for your spouse, son or daughter, or parent with a serious health condition. Eligible employees receive up to 12 weeks of Paid Parental Leave and may substitute it for unpaid FMLA for the birth, adoption, or foster care placement of their child. For additional information, see OPM Factsheet: FMLA and 5 CFR 630, Subpart Q: Paid Parental Leave.

Parental Bereavement Leave

Eligible employees receive 2 workweeks (up to 80 hours) of paid leave in connection with the death of a qualifying child. The death of an employee’s child triggers the law’s one-time entitlement to 2 workweeks of parental bereavement leave, which must be used within 12 months of the child’s death. For additional information, see OPM memorandum dated April 1, 2022, Parental Bereavement Leave. Also see 5 U.S.C. 6329d, and 5 U.S.C. 6381 (for definitions of “employee” and “son or daughter”).

Leave Without Pay (LWOP)

LWOP is a temporary non-pay status and approved absence from duty that may be granted at the employee's request. LWOP may be granted even if the employee has annual or sick leave in their accounts. The permissive nature of LWOP distinguishes it from absent without official leave (AWOL), suspension, and furlough. In most instances, granting LWOP is a matter of supervisory discretion and limited by agency internal policy. For additional information, refer to your agency policy. Also see OPM Factsheet: Leave Without Pay.

Voluntary Leave Transfer Program (VLTP)

If you have a personal or family medical emergency and are absent (or expected to be absent) from duty without available paid leave for at least 24 work hours, you may qualify to receive donated annual leave under the VLTP. The VLTP allows you to receive donated annual leave from other employees if you have a personal or family medical emergency and if you have exhausted your own available paid leave. For additional information, see OPM Factsheet: VLTP.

Bone Marrow and Organ Donation

Leave for bone-marrow and organ donation allows you to use up to 7 days of paid leave each year (in addition to sick or annual leave) to serve as a bone-marrow donor and up to 30 days of paid leave each year to serve as an organ donor. For additional information, see OPM Factsheet: Bone Marrow or Organ Donor Leave.

Time Off for Volunteer Activities

There are several flexibilities available for you to participate in volunteer activities to support your commitment to community service. Your agency may allow you to make maximum use of existing flexibilities such as alternative work schedules, annual leave, leave without pay, credit hours, compensatory time off, and administrative leave where appropriate, to perform community service. For additional information, see OPM Factsheet: Participation in Volunteer Activities.

ALTERNATE WORK SCHEDULES

Alternate work schedules provide more flexibility than a standard 8-hour day/5 days per workweek schedule to balance work, family responsibilities, and personal activities. Alternate work schedules include flexible work schedules and compressed work schedules, and you can complete your biweekly work requirement in less than 10 workdays. Under a flexible work schedule, you may choose to adjust arrival and departure times.

The availability and type of alternate work schedules varies by USDA agency. Many units offer some or all of these options, but your agency also may not offer some of these options if such schedules are determined to have a bad effect on productivity, service to the public, or cost. Under alternate work schedules you may choose a flexible work schedule or a compressed work schedule but may not work a hybrid schedule that combines aspects of both programs. If your unit offers alternate work schedules and if you want to change your work schedule or work an alternate work schedule always check with your supervisor first because your actual schedule is at the discretion of your supervisor. For additional information, see OPM’s Handbook on Alternative Work Schedules.

Flexible Work Schedules

Flexible work schedules consist of core hours (the time you must be at work) and flexible time bands (the times you can vary to arrive and depart from work). A flexible work schedule provides more flexibility, and you work out a schedule with your supervisor and must adhere to that schedule (you may not come and go anytime). There are five types of flexible work schedules:

  1. Maxiflex. Is the most flexible work schedule and contains core hours which are established on fewer than 10 workdays during each biweekly pay period. The basic work requirement for a full-time employee is to complete 80 hours of work during each biweekly pay period. You may vary your arrival and departure times and schedules may include more hours in one week than the next.
  2. Variable Day. Daily flexibility where the schedule can vary each day around the core hours (core hours on each workday), but a full-time employee must complete 40 hours each workweek. You may not work fewer hours one week than the other during a biweekly pay period.
  3. Variable Week. Daily and weekly flexibility where a full-time employee completes 80 hours each biweekly pay period. You must work during the core hours (core hours on each workday) and the flexibility is the number of hours you work each day and each week (schedules can vary with more hours worked in one week than the other).
  4. Gliding. A full-time employee works 8 hours each day and 40 hours each week and the flexibility is in arrival and departure times. You can vary the times you arrive and leave work each day as long as you are present during the established core hours.
  5. Flexitour. Similar to a gliding schedule where a full-time employee works 8 hours each day and 40 hours each week but once you select starting and stopping times it remains the same every day until a formal opportunity to change it arises.

Compressed Work Schedules

A compressed work schedule is a fixed work schedule, there is no flexibility for when you start work and end work each day, and once established your schedule does not change. The advantage is that you will have extra days off. Full-time employees must work 80 hours during each biweekly pay period that is scheduled by your agency in less than 10 workdays. The two most common compressed work schedules are:

  • 5-4/9. You work eight 9-hour days and one 8-hour day (9 total workdays in the pay period) and get an extra day off each pay period.
  • 4-10. You work four 10-hour days each week (8 total workdays in the pay period) and have an extra day off each week.
New Supervisor

Purpose

Welcome to your new role as a supervisor! New supervisors must shift from serving as part of a team, to now leading a team, and with so many new responsibilities. The purpose of this section is to provide answers to the most common questions you may have as a new supervisor regarding pay and leave.

Work Schedules

Assignment of Work

The assignment of work is a right reserved to management. This means management determines who will perform the work, when the work will be performed, they establish the qualifications and skills needed to perform the work and decide whether a particular employee is qualified to perform the work (see 5 U.S.C. 7106(a)(2)(B)). Management has the right to change an employee's scheduled hours of duty to carry out its mission (ensure you comply with the Collective Bargaining Agreement for bargaining unit employees). An alternate work schedule must be terminated if it has an “adverse agency impact”. An adverse agency impact means a reduction of an agency's productivity, a diminished level of services furnished to the public, or an increase in the cost of agency operations. (See 5 U.S.C. 6131)

What types of work schedules are authorized at my agency?

Refer to your Collective Bargaining Agreement (CBA) for bargaining unit employees and your agency policy for employees not covered by a CBA to see the types of work schedules that are authorized at your agency.

The types of work schedules that may be available for Federal employees include:

  1. Standard. A fixed work schedule that consists of five 8-hour days with 2 consecutive days off in which the employee has a set arrival and departure time that is scheduled by the agency. The daily tour of duty is the same each workday (e.g., 8am-4:30pm), lunch may not exceed 1 hour, no flexing, and may not earn or use credit hours.
  2. Compressed Work Schedules. A fixed work schedule where employees have an 80-hour biweekly basic work requirement that is scheduled by the agency for less than 10 workdays. The employee has a set arrival and departure time, lunch may not exceed 1 hour, no flexing, and may not earn or use credit hours. The most common compressed work schedules are:
    • 5-4/9. A full-time employee works eight 9-hour days and one 8-hour day for a total of 80 hours.
    • 4x10. A full-time employee works four 10-hour days each week.
  3. Maxiflex. The most flexible work schedule where an employee may vary the number of hours worked each day or number of hours worked each week within the limits established for the agency and has core hours on less than 10 workdays in the biweekly pay period. A full-time employee must account for 80 hours each pay period.
  4. Variable Day. A flexible work schedule where an employee may vary the number of hours worked each day within the limits established by the agency and has core hours on each workday. A full-time employee must account for 40 hours each week.
  5. Variable Week. A flexible work schedule where an employee may vary the number of hours worked each day or the number of hours worked each week within the limits established by the agency and has core hours on each workday. A full-time employee must account for 80 hours each pay period.
  6. Gliding. A type of flexible work schedule where an employee may select starting and stopping times each day within the flexible time bands but must account for 8 hours each day and 40 hours each week.
  7. Flexitour. A type of flexible work schedule where an employee may select starting and stopping times within the flexible time bands but once selected, the hours are fixed until the agency provides an opportunity to select different starting and stopping times.
  8. First-40 Tour of Duty. Assigned by the agency when no other work schedule is suitable where the employee must account for 40 hours each week and have at least one day off each week. No flexing and may not earn or use credit hours. (See 5 CFR 610.111(b))

What does a hybrid schedule mean?

Federal employees are limited to the work schedules provided above (refer to your CBA or agency policy for the work schedules approved for your agency). There is no authority to establish hybrid work schedules that borrow selectively from the authority for flexible work schedules and the authority for compressed work schedules in an effort to create a hybrid work schedule program providing unauthorized benefits for employees or agencies (see B-179810 and 50 FLRA No. 28). That means you cannot take parts of a flexible work schedule and parts of a compressed work schedule and create your own new type of work schedule. An employee under a flexible work schedule can only receive a maximum of 8 hours of holiday paid leave, 8 hours of holiday premium pay, and 8 hours of Sunday pay – even if they work more than 8 hours.

For example, your employee is on a maxiflex work schedule but copies a compressed work schedule and flexes to work 10 hours each day. They are scheduled to work 10 hours on the holiday. They wouldn’t receive 10 hours of holiday premium pay; they would receive 8 hours of holiday premium pay (double time) and 2 hours of overtime (1 ½ times).

What are core hours and flexible hours?

Flexible work schedules consist of workdays with core hours and flexible hours. (See 5 U.S.C. 6122)

  • Core hours are the designated period of the day when all employees under a flexible work schedule must be present for work or account for the time by using leave.
  • Flexible hours are the part of the workday when employees may choose their time of arrival to and departure from work consistent with the duties and requirements of the position.

Refer to your respective CBA and agency policy to find your core hours and flexible time bands.

What is a part-time employee?

A part-time employee is scheduled to work from 16 to 32 hours per week, on no more than 5 days in the administrative workweek. A supervisor may require an employee to work up to a total of 8 hours per day or 40 hours per week without entitlement to premium pay on an irregular basis.

Is 34 hours of regularly scheduled work per week a legitimate part-time schedule? What about 14 hours per week?

No. Part-time means 16 to 32 hours a week.

Supervisor Responsibilities

Supervisors have the authority to authorize the payment of government funds to their employees; therefore, supervisors must ensure that time is appropriately coded, and timesheets are submitted timely so that payment is issued to employees by the official pay date.

As a supervisor, you are responsible to:

  1. Ensure that employees are trained and know how to properly code and submit their timesheet.
  2. Ensure the employee’s established work schedule and tour of duty are recorded on Form AD-2001 (PDF, 139 KB), Designation of Tour of Duty, or other approved agency form. Bargaining unit employees must refer to their CBA. In addition, ensure:
    • Core hours are accounted for.
    • That meal periods are accounted for.
    • The hours claimed by employees for each category are appropriate (holiday paid leave, admin leave, etc.).
    • Ensure the requirements for premium pay have been met and were approved in advance where required (e.g., overtime, comp, Sunday, night, holidays).
    • If overtime or compensatory time off was claimed that there is an approved overtime authorization.
    • The time was recorded using the correct transaction codes (including shift-suffix codes, prefix codes, and descriptor codes, if applicable).
    • Charges were made to the proper job codes.
  3. Ensure that when an employee works at night, on Sunday, or on a holiday it is based on the needs of the agency.
  4. To timely review, approve, and certify the electronic copy of each subordinate’s timesheet to authorize payment by the official pay date.

Does my timesheet need to show the actual hours I worked?

Yes. The timesheet must reflect an accurate accounting of an employee’s actual hours on duty and leave. Penalties for falsification of timesheets:

  • Employee. The penalty for an employee found guilty of intentionally falsifying time reported on a payroll document for personal gain is termination. If convicted in a court of law, the individual is subject to a fine of not more than $10,000 or imprisonment of not more than 6 years, or both.
  • Supervisor. The penalty for a supervisor who intentionally authorizes an employee to be paid for time and used leave to which they are not entitled by law, may be subject to termination and criminal prosecution for the authorization of illegal payment of government funds.

Can I reject a timesheet?

Supervisors may reject timesheets that are not accurate or that do not have appropriate supporting documentation.

I told my employee to submit a corrected timesheet but they refuse to do it, so I just won’t pay them until they do. Can I withhold payment?

Absolutely not. You may not withhold payment and you are required to ensure your employees are paid by the official pay date. Contact your agency Employee Relations or Labor Relations for guidance.

Can I release my employees early before a holiday?

No. Supervisors do not have the authority to release an employee early prior to a holiday. Only the Secretary (or designee) may grant administrative leave for holiday-related early dismissals of USDA employees.

Administrative Leave

Overview

Administrative leave is paid leave authorized at the discretion of an agency under 5 U.S.C. 6329a to cover periods within an employee’s tour of duty when the employee is not engaged in activities that qualify as official hours of work, without loss of pay and without charge to the employee’s leave. Administrative leave is granted to employees for reasons determined to be in the Government’s interest. An employee on administrative leave is not acting within the employer-employee relationship and is not deemed to be subject to the control or responsibility of the Department as an employer. Administrative leave may not be granted for an indefinite period or on a recurring basis.

Administrative leave excludes periods when the employee is engaged in activities that qualify as official hours of work, such as attendance at an agency town hall meeting; required conferences, conventions, or training as an official USDA representative; or a Federal law enforcement officer or a Federal firefighter attending the funeral of a fellow Federal law enforcement officer or Federal firefighter who was killed in the line of duty. Such time is coded as regular time (TC-01).

Employees must use the correct codes in the time and attendance system to accurately reflect administrative leave used for all purposes where separate Descriptor Codes are available (blood donation, voting, etc.). Administrative leave may be granted only for hours within an employee’s tour of duty established for the purposes of charging annual and sick leave (e.g., an employee whose scheduled tour of duty is M-F could not receive administrative leave on Saturday).

References

Requirements

Administrative leave may be granted in limited circumstances that:

  1. Are directly related to the Department or agency’s mission (e.g., to assist in emergency clean-up efforts);
  2. Enhance the professional development or skills of the employee in their current position (e.g., attend a soil conservation meeting); or
  3. The absence is officially sponsored or sanctioned by the USDA or Agency Head as being in the interest of the Federal government (e.g., influenza vaccinations or blood donation drives).

All USDA leave earning employees are eligible to receive administrative leave when the conditions for administrative leave have been met and when the employee can be released from duty.

Authority

The authority to grant a reasonable and brief period of administrative leave (usually not more than one workday) has been delegated to agency heads. The authority may be re-delegated to the lowest supervisory level practicable.

Approved Uses of Administrative Leave

The following table is not all inclusive but provides approved situations for the proper use of administrative leave:

Situation

Description

Maximum Hours

Blood Donation

 

With advance supervisory approval, employees who volunteer as blood donors may be authorized up to 4 hours of administrative leave on the day the blood is donated for recuperation purposes. Additional administrative leave may be granted for the time required to travel to and from the blood center and to donate the blood. Compensated blood donors are required to take annual leave or leave without pay (LWOP) for any period of absence resulting from making the blood donation.

4 hours

Brief Absence

Agencies may grant up to 1 hour of administrative leave when the employee’s supervisor determines the cause of the brief absence is reasonable and in the best interest of the government (e.g., to attend an office luncheon).

Up to 1 hour

Change in Official Duty Station

A non-temporary employee who is changing their official duty station in the interest of the Federal government, which includes the relocation of their residence, may be granted administrative leave when the costs and expenses of the move are reimbursable under the General Services Administration (GSA) Federal Travel Regulations.

The administrative leave may be used for the following activities:

  • Locating quarters at the new duty station, including the travel time covered in the GSA Federal Travel Regulations; and
  • Pre-moving and post-moving arrangements, such as stopping and starting utility services, arrangement of daycare, registration of vehicles, establishment of banking services, enrollment of children in school, postal services, etc.

The leave does not cover:

  • Packing and unpacking performed by the employee (this would be personal leave). However, the time spent acting as the agency representative overseeing official packers on the moving contract is official duty within the employee’s scheduled tour of duty.

The on-the-road travel time in the final one-way move within the employee’s scheduled tour of duty (coded as regular time).

Up to 80 hours

Conferences, Conventions or Training

An employee may be granted administrative leave to attend conferences, conventions, or training when attendance will serve the interest of the Federal government and USDA’s mission.

Official USDA or Government-sponsored training and training scheduled and approved by USDA is coded as regular time.

Up to 40 hours in a calendar year

Draft (Selective Service) Registration

 

An employee may be granted administrative leave to register in accordance with the Military Selective Service Act. The administrative leave may be granted only to an employee subject to the registration; and the employee must register as provided in the Act. An employee may register before a board having jurisdiction in the area of their permanent home, or wherever the employee may be on the days the employee is subject to registration whichever results in the shorter period of administrative leave.

2 hours

Early Dismissals before a Holiday

 

Only the USDA Secretary and Assistant Secretary for Administration (or designee), may grant administrative leave for early release prior to a holiday.

Agencies may not grant administrative leave in addition to that authorized by the Secretary. For example, if the Secretary authorizes a 2-hour early dismissal, agencies may not grant employees 1 additional hour.

Secretary Discretion

Examinations Required for Job Duties

An employee may be granted administrative leave for the period of time necessary to complete an examination, if the examination is for a position to which transfer, promotion, or reassignment is recommended by USDA; or the examination is a prerequisite for a professional license or certification (such as a Certified Public Accountant, entrance into the Bar, or a Professional Engineer) that is considered advantageous to the agency.

As needed

Funeral of an Employee

 

Employee attendance at the funeral or memorial service of a co-worker is considered appropriate for the purpose of sustaining employee morale, maintaining employee productivity, and reinforcing to the USDA and others the significance of the deceased to the Department.

Employees may be granted administrative leave to attend the funeral or memorial service of a fellow employee, within the local travel commuting area (within a 50-mile radius of the official duty station). Employees granted administrative leave are not entitled to reimbursement for travel expenses. The 2 hours includes travel time to/from the funeral or memorial service. Any additional time must be charged to personal leave or LWOP.

Upon their request, co-workers with a close relationship to the deceased who wish to attend a funeral or memorial service of a fellow employee, outside the local travel commuting area (outside a 50-mile radius of the official duty station), may be granted up to 2 hours of administrative leave only for the time necessary to attend the funeral service. Time associated with travel to the event may not be charged as administrative leave and must be borne by the employee. The agency must not bear the costs of travel and no appropriated funds may be used for travel expenses incurred.

Up to 2 hours

Funeral of Non-Employee (Other Governmental Entities)

The head of an agency may authorize administrative leave to attend the ceremony of a non-employee fatality when it is found to be in the best interest of the USDA.

For example, to honor a State wildland firefighter who was killed in the line of duty, the Agency Head may authorize employees, who in the best interest of the Agency and who wish to attend in their personal capacity, up to 2 hours of administrative leave only for the time necessary to attend the funeral service. Time associated with travel to the event may not be charged as administrative leave and must be borne by the employee. The agency must not bear the costs of travel.

Up to 2 hours

Veteran Assistance at Military Funerals

 

An employee who is a veteran of a declared war, who served in a campaign or expedition for which a campaign badge has been authorized, or who is a member of an honor or ceremonial group of those veterans may be granted up to 4 hours of administrative leave to attend military funerals.

The administrative leave may be to participate as an active pallbearer or as a member of an honor guard in a funeral ceremony for a member of the armed services whose remains are returned from abroad for final interment in the United States. (See 5 U.S.C. 6321)

Up to 4 hours in any 1 day

Leave Prior to or Upon Completion of Official Travel

 

An employee may be granted administrative leave prior to or upon completion of the employee’s travel status when the time of departure from or arrival at the employee’s duty station is such that it would be administratively unreasonable to expect the employee to report to the duty station.

Up to 2 hours

Local, State, Territorial, and Foreign Holidays

 

Employees may be granted administrative leave when an office is closed and work cannot be properly performed due to a local, State, territorial or a foreign holiday.

Up to daily scheduled tour of duty

Participation in Emergency Rescue or Protective Work

 

An employee who is requested to assist in emergency law enforcement, relief, or clean-up efforts in affected communities, as authorized by Federal, State, or other officials having jurisdiction, and whose participation in such activities has been approved by their employing agency may be granted of administrative leave.

Members of the National Guard or Reserves who are called to assist in disaster relief and recovery efforts may not receive administrative leave, as they are entitled to military leave.

Up to 40 hours

Required Physical Examination

 

An employee who is required by the employing agency to undergo a physical examination other than that required for appointment is granted administrative leave for the period of time necessary to complete the examination.

As necessary

Physical Examination for Military Duty

An employee who is required to take a physical examination in connection with induction or enlistment in the armed forces is granted administrative leave for the period of time necessary to complete the examination.

Members of the Reserves who are recalled to active duty are placed on pay status with the branch of the armed forces for the period of time required to take the physical examination and may not receive administrative leave.

As necessary

Preventive Health Activities and Screenings

 

Up to 2 hours of administrative leave may be granted to participate in preventive health activities such as:

  • Alcohol and tobacco cessation programs
  • Health fairs
  • Diet and nutrition classes
  • Relaxation and stress management classes or seminars
  • Lactation classes and seminars
  • Other sanctioned work-life programs.

Up to 4 hours of administrative leave may be granted, upon request, each leave year to employees to participate in preventive health screenings. Health screenings include:

  • Prostate, cervical, colorectal, and breast cancer
  • Screening for sickle cell anemia, blood lead level, blood cholesterol level, immunity disorders such as HIV
  • Blood sugar level testing for diabetes

The 4 hours may be used intermittently or all at once and is in addition to other available family friendly leave benefits and alternative work schedules. Administrative leave may not be used to accompany family members receiving preventive health screenings.

Employees must notify supervisors in advance of the events to ensure attendance does not conflict with workplace requirements.

Up to 2 hours

 

 

 

 

 

 

Up to 4 hours

Rest and Recuperation upon return from Emergency Assignments

 

To ensure the well-being of employees returning from extended emergency assignments of 14 days or more (e.g., wildfires, animal disease, food borne outbreaks), agencies may grant up to 2 days of administrative leave for recuperation purposes. The time off must occur on the next 2 regular workdays immediately following the return from travel back to the home unit.

Up to 2 days per emergency assignment

Volunteer Activities

 

Employees who participate in volunteer-type activities during basic working hours may be granted annual leave, LWOP, compensatory time off, or credit hours. Only in limited circumstances may employees be granted administrative leave for short periods of time to participate in volunteer activities when it is in accordance with the requirements for granting administrative leave.

Up to 4 hours

To Vote and to Serve as a Poll Worker

 

Employees may receive up to 4 hours of administrative leave to vote in each Federal general election day, and each election event (including primaries and caucuses) at the Federal, State, local (i.e., county and municipal), Tribal, and territorial level, to vote on election day or to early vote (maximum 4 hours per each election event).

Employees receive up to 4 hours of administrative leave per leave year to serve as a poll worker or observer. This leave is in addition to the 4 hours of administrative leave they receive to vote.

Up to 4 hours
Annual Leave

Overview

An employee may use annual leave for vacations, rest and relaxation, pregnancy, childbirth, bonding with the child, other childcare responsibilities, and personal business or emergencies. An employee has a right to take annual leave, subject to the right of the supervisor to schedule the time at which annual leave may be taken.

References

Responsibilities

Annual leave is an employee benefit and accrues automatically. All employees are expected to schedule their leave as far in advance as practicable and avoiding a “use or lose” situation at the end of the leave year. Supervisors have the discretion to decide when and in what amount annual leave may be approved based on mission needs. This decision should weigh the needs of the workplace with the desires of the employee.

Annual Leave Accrual Rates

Full-Time Employees

Years of Creditable Service

Accrual Rate

Less than 3 years of service

4 hours per pay period

3 but less than 15 years of service

6 hours per pay period

15 or more years of service

8 hours per pay period

Full-time employees do not accrue annual leave when:

  1. An 80-hour increment of unpaid leave is reached in the current pay period.
  2. A new employee is unable to complete an 80-hour pay period because of their entry-on-duty (EOD) falling in the middle of the pay period.
  3. An employee retires or resigns in the middle of the pay period and does not complete their biweekly requirement of 80 hours.

Part-Time Employees

Years of Creditable Service

Accrual Rate

Less than 3 years of service

1 hour for each 20 hours in pay status

3 but less than 15 years of service

1 hour for each 13 hours in pay status

15 or more years of service

1 hour for each 10 hours in pay status
  1. Part-time carryover hours or unapplied hours are those pay status hours remaining after computing the annual leave accrual for the current pay period. These unapplied hours are automatically carried forward, added, and used in calculating accruals for the next pay period.
  2. An employee who converts from a part-time to a full- time position in the middle of the pay period forfeits any part-time carryover or unapplied hours to their credit.
  3. When calculating accruals for a part-time employee, disregard any pay status hours exceeding 80 for the pay period.

SES, SL, ST, or SFS

Years of Creditable Service

Accrual Rate

Any

8 hours per pay period

Members of the Senior Executive Service (SES), Senior Level (SL), Scientific or Professional (ST) positions, Senior Foreign Service (SFS), and employees in equivalent pay systems as determined by OPM, receive 8 hours per pay periods regardless of length of service.

Intermittent Employees

Years of Creditable Service

Accrual Rate

Any

N/A

Intermittent employees do not earn leave because they work on an as needed basis and have no regular established tour of duty.

Temporary Employees

Years of Creditable Service

Accrual Rate

Any

N/A
  1. If the current appointment is less than 90 calendar days, the employee is not eligible to earn annual leave.
  2. If the current appointment is 90 days or more, the employee is eligible to earn annual leave. Accrual is based upon completion of a full pay period. If the appointment is over 90 days but the employee works less than 90 days, the employee is still eligible to earn annual leave.
  3. If the initial appointment was for less than 90 days but was later extended to total 90 days or more (as long as there was no break in service of one workday or more), and when employment reaches 90 days, annual leave will be credited retroactively to the beginning of the first full pay period after initial appointment.

Mixed Tours

Employees who have alternating mixed tours of duty established in advance earn leave in accordance with full-time accrual rates while in a full-time tour of duty status. Employees do not earn or use annual leave while in non-pay or non-duty status.

Part-time hours of service in a pay status that do not equal the number necessary for a minimum annual leave credit of 1 hour are held and restored once the employee resumes a part-time status, upon return from a period of full-time or non-pay status.

Uncommon Tour of Duty

An uncommon tour of duty means an established tour of duty that exceeds 80 hours of work in a biweekly pay period (e.g., structural firefighters).

The biweekly accrual rate is equal to (4, 6, or 8 hours) multiplied by (the average number of hours per biweekly pay period) divided by 80.

Accruing Annual Leave for Fractional Pay Periods

An employee earns annual leave on a pro-rata basis if, during continuous employment, the employee's leave earning status is interrupted for a fraction of a pay period by any one of the following circumstances, when the employee:

  1. Transfers to a position having different pay periods.
  2. Is on leave without pay (LWOP) for part of the pay period while receiving disability compensation from the Office of Workers Compensation Program (OWCP).
  3. Is restored after service in the military or with a public international organization.
  4. Is restored to full-time after a period of intermittent service, or vice versa.

Effect of Non-Pay Status on Accrual

When a full-time employee's absence in non-pay status (e.g., LWOP, absent without official leave (AWOL), or suspension) reaches 80 hours, or a multiple of 80 hours during the leave year, the employee does not earn leave in that pay period. This continues each instance the employee reaches 80 hours throughout the leave year. The hours of non-pay status are dropped at the end of the leave year for accrual purposes. LWOP while in receipt of OWCP benefits is not counted for reduction of leave accrual.

Requesting Annual Leave

  1. Employees may request annual leave for any purpose.
  2. Supervisors should maintain a liberal policy on the use of earned annual leave. The timing of annual leave use, however, remains at the discretion of the supervisor.
  3. Employees must request annual leave as far in advance as practical and supervisors must provide a timely response. Supervisors may require that leave be requested and approved in writing.
  4. Employees must notify their supervisor, orally or in writing, on the first day of any emergency or unplanned absence from duty. A written request must be submitted within the pay period the employee returns to duty if required by agency leave guidance.

Charging Annual Leave

  1. The minimum charge for annual leave is 15 minutes or multiples thereof.
  2. Annual leave is charged to an employee’s account only for absence on regular workdays and during the time that corresponds to their regularly scheduled administrative workweek, that is, days and hours on which they would otherwise work and receive pay.
  3. Leave is not charged for absence on holidays and non-workdays established by Federal statute, Executive order, or administrative order.
  4. An employee may not apply more annual leave to a given day than they are regularly scheduled to work on that day. See below for maximum daily leave charges based on work schedule:

Work Schedule

Number of Hours Charged

Standard (5x8)

Up to 8 hours of annual leave may be charged on a day the employee is regularly scheduled to work.

Flexible Work Schedule

The maximum amount of annual leave that may be charged for a day is the number of hours the employee was scheduled to work, as indicated on their tour of duty designation.

Compressed Work Schedule

The maximum amount of annual leave that may be charged for a day is the number of hours scheduled to work on the day leave is taken (either 8, 9, or 10 hours).

Part-Time

The maximum number of hours that may be charged are the number of hours scheduled to work on the day leave is taken. (This also includes mixed-tour employees when assigned to a part-time schedule).

First 40

The maximum amount of annual leave that may be charged for first-40 or first-8-hour indefinite tours of duty, not more than eight hours of leave may be charged for a day.

Example. An employee is on a maxiflex work schedule and is scheduled to work 10 hours Monday through Thursday. On Thursday, the employee worked three hours and then took annual leave. The employee cannot claim more than seven hours of annual leave:

3 hours worked
+ 7 hours of annual leave
= 10 hours

Annual Leave as a Disciplinary Measure

Employees may not be placed on annual leave as a disciplinary measure pending issuance of a proposal or decision notice to take an adverse action, unless requested by the employee; or during notice period before adverse action, unless requested by the employee.

Advanced Annual Leave

Leave earning employees may request the use of advanced annual leave for any reason. Supervisors may approve advanced annual leave not to exceed the amount the employee will earn in the remainder of the current leave year or appointment, whichever is less.

Supervisors may not grant advanced annual leave when it is known (or reasonably expected) that the employee will not return to duty, such as in situations where the employee has applied for disability retirement, submitted a resignation, is under a limited appointment with a not-to-exceed date, or received notice of separation or furlough.

Advanced Annual Leave for Pregnancy, Childbirth, Adoption, and Foster Care

Annual leave must be advanced to the maximum extent practicable for purposes related to pregnancy, childbirth, adoption, foster care and for annual leave in accordance with annual leave laws and regulations consistent with mission needs. For more information on workplace flexibilities for childbirth, adoption, and foster care, see OPM Handbook on Leave Workplace Flexibilities for Childbirth, Adoption, and Foster Care.

Repaying Advanced Annual Leave

When an employee accepts advanced annual leave, they incur a debt to the Government. Advanced annual leave is usually recovered by earned annual leave; however, an agency may allow an employee to refund advanced annual leave in cash (at the pay rate in effect at the time the employee used the advanced annual leave).

  1. Employee Separation. Employees who are indebted for advanced annual leave and separate from Federal service are required to refund the amount of advanced annual leave or it will be deducted from any pay due the employee upon separation. However, if the employee dies, retires for disability, or is separated or resigns because of disability, no repayment is required.
  2. Employee Transfer. Employees who are indebted for advanced sick leave and transfer to another Federal agency without a break in service are required to refund the amount of advanced annual leave, so the employee can transfer with a zero balance. The losing agency is responsible for collecting the debt.
  3. Military Duty. An employee who enters active military service with a right of restoration is not considered separated for refund purposes and advanced annual leave should be liquidated either after the employee returns to duty or is separated from Federal service.

Leave Usage Order

Compensatory time off in-lieu of overtime pay must be used before annual leave unless it would result in forfeiture of annual leave at the end of the leave year. When employees have multiple types of leave credited to their account, the following order is recommended:

  1. Compensatory time off in-lieu of overtime pay (if applicable)
  2. Annual leave
  3. Restored annual leave, if any
  4. Compensatory time off for travel
  5. All other leave (credit hours, time-off award, etc.)
  6. Use sick leave as appropriate in accordance with regulations

Annual Leave Ceilings

At the end of the leave year, if an employee’s annual leave balance exceeds their annual leave ceiling, the hours in excess are forfeited (use or lose). Annual leave hours not in excess of the employee’s ceiling will be carried forward into the next leave year.

Maximum Annual Leave Ceilings

Employees are limited to the amount of annual leave hours they can carry over into the new leave year (see 5 U.S.C. 6304):

Description

Hours

Employees stationed in the U.S.

240 hours (30 workdays)

Employees stationed overseas

360 hours (45 workdays)

SES, SL, ST and SFS employees

720 hours (90 workdays)

Transfer from an Agency with a Higher Leave Ceiling

If an employee transfers from an agency that statutorily allows them to maintain an annual leave balance higher than 240 hours, the employee will retain the higher balance when they transfer to the USDA agency. The employee’s leave balance must be reviewed by the servicing Human Resources Office (HRO) each year to determine the leave ceiling for the next year. This will continue until the employee’s leave balance falls to 240 hours.

Example. An employee transfers from the Postal Service with a leave ceiling of 540 hours. The employee’s leave balance at the end of the leave year is 480 hours. The employee’s new leave ceiling is 480 hours. At the end of the next year, the employee has a leave balance of 360 hours. The employee’s leave ceiling will now be set at 360 hours. This will continue until the employee’s leave ceiling is reduced to 240 hours.

Employees Returning from Overseas

Employees returning from an assignment outside of the continental U.S. may carry forward the balance of leave to their credit at the end of the pay period, including the date the employee departs for reassignment. Employees that return from overseas are entitled to one of the following:

  1. An employee that returns from overseas with an annual leave balance of 240 hours or less is immediately subject to the 240-hour limitation.
  2. An employee that returns from overseas with an annual leave balance of more than 240 hours carries forward their annual leave balance to their new position and must use any annual leave over 360 hours by the end of the leave year. At the end of the current leave year, the employee’s end-of-leave-year balance becomes their personal annual leave ceiling. At the end of each subsequent leave year, if the employee’s end-of-leave-year balance is less than the employee’s personal annual leave ceiling, revise the personal annual leave ceiling to the lower end of leave year balance. Continue to revise the employee’s personal annual leave ceiling until the employee’s end-of-leave-year balance is at or below 240 hours.

SES and SFS Employees

Employees accepted into SES and SFS are entitled to a 720-hour (90-day) annual leave ceiling each leave year unless they are exempt. (See 5 CFR 630.301)

Annual leave credited to an employee that is in excess of 720 hours is subject to reduction until the employee’s accumulated annual leave is equal to or less than 720 hours (90 days). At the end of each subsequent leave year, if the employee’s end-of-leave-year balance is less than the employee’s personal annual leave ceiling, revise the personal annual leave ceiling to the lower end of leave year balance. Continue to revise the employee’s personal annual leave ceiling until the employee’s end-of-leave-year balance is at or below 720 hours.

Leave Credit Reduction

Reductions in the leave balances are made at the beginning of each leave year for any accumulated leave that exceeds statutory limits. If an employee has one or more breaks in service during a leave year, the agency will include all hours in a non-pay status (other than non-pay status during a fractional pay period when no leave accrues) for each period of service during the leave year in which annual leave accrued. For employees who do not earn leave because they are on extended LWOP or AWOL, all reductions of leave will be made in accordance with 5 CFR 630.208.

If a reduction in leave credits results in a debit to an employee's annual leave account at the end of a leave year, the agency will carry the debt forward as a charge against the annual leave to be earned by the employee in the next leave year; or require the employee to refund the amount paid for the period covering the excess leave that resulted in the debit.

Converting to or from an SES, SL, ST, or SFS Position

Based on the employee’s annual leave at the end of the pay period in which they are converted to an SES or SFS position, they must use all annual leave in excess of their established annual leave ceiling before the end of the leave year that is current. Any accruals accumulated after their conversion to SES or SFS will be applied to the personal annual leave ceiling of 720 hours.

Employees converting from an SES or SFS position to a non- SES or non-SFS position immediately becomes subject to a 240-hour ceiling but retains the annual leave balance they had at the end of the pay period in which they were converted.

  1. If their annual leave balance is less than 720 hours, that annual leave balance becomes their personal annual leave ceiling.
  2. Before the end of the leave year in which they were converted, they must use any excess annual leave over 720 hours or any excess annual leave over their established personal annual leave ceiling. At the end of each subsequent leave year, if the employee’s end of leave year balance is less than the employee’s personal annual leave ceiling, revise the personal annual leave ceiling to the lower end of leave year balance. (See 5 CFR 630.301)

Substituting Annual Leave For Sick Leave

Annual leave may not be retroactively substituted for sick leave when the substitution is solely for the purpose of avoiding forfeiture of annual leave by the employee. The Comptroller General has ruled that substituting annual leave for sick leave previously granted may not be made retroactively, except for liquidating advanced sick leave (and even then, only when the substitution is made before the time the annual leave would otherwise have been forfeited and the agency, if requested, would have granted time off for leave purposes) or if the illness for which annual leave is to be charged began well before the end of the year and the employee did not control the charging of all the time to sick leave. (See B-137531, November 7, 1958, 38 Comp. Gen. 354 and B-178583, June 14, 1973)

Transfer

Full-time employees transferring without a break in service to another Federal position will keep their current annual leave balance and continue to accrue annual leave.

Leave Before Separation

Terminal annual leave, which is prohibited, is leave taken immediately before an anticipated separation when it is known in advance that the employee does not intend to return to duty at the conclusion of the leave period. However, under certain circumstances, an employee may be allowed to extend their separation date using accrued annual leave. Supervisors may not grant an employee annual leave when it is known that the employee will not return from the leave of absence to Federal service, except for the following narrow exceptions:

  1. The employee worked almost the entire final pay period and worked a portion of their final day (see B-190374 Leave on Last Day of Employment);
  2. The employee was on approved annual leave for the majority of the pay period but worked their entire final day (see B-223876, June 12, 1987);
  3. The employee was on approved sick leave pending approval of their disability retirement (see B-206515, April 23, 1982, 61 COMP.GEN. 363);
  4. The employee is being involuntarily separated due to reduction in force or transfer of function and intends to remain on the agency’s rolls to establish eligibility for a retirement annuity or for health insurance during retirement (see 5 U.S.C. 6302(g), 5 CFR 351.606(b), and 5 CFR 630.212); or
  5. The employee is being carried in a leave status pending acceptance for active military duty.

Annual Leave While On Official Travel

Subject to supervisory approval, employees may use annual leave while traveling on official Departmental business. Per diem and other travel expenses will be discontinued for any day in which an employee’s leave status exceeds one-half or more of the established daily working hours.

Lump-Sum Payment

An employee will receive a lump sum payment for unused annual leave, credit hours, and compensatory time off in-lieu of overtime pay, when they separate from Federal service, transfer to a position under a different leave system, or enters on active duty in the armed forces and elects to receive a lump-sum payment. (See 5 CFR 550, Subpart L)

The Lump-Sum Leave Period

In calculating a lump-sum payment, an agency projects forward an employee's annual leave for all the workdays the employee would have worked if they had remained in Federal service. Holidays are counted as workdays in projecting the lump-sum leave period. Any unused restored leave in a separate account must be liquidated by lump-sum payment at the time of separation. Lump sum payments cover the days an employee actually would have been in pay status if they were on the rolls and does not include non-workdays falling within the lump-sum period. The time period covered by the lump-sum payment are not creditable as Federal service or for leave earning purposes.

Calculating a Lump-Sum Payment

Lump-sum payments are computed on the basis of an employee's rate of pay at the time of separation, including the rate received as a result of grade and pay retention, supervisory differentials, and holidays (even though they may fall on non-workdays).

Documentation

Form AD-581 (PDF, 464 KB), Lump Sum Leave or Compensatory Time Payments, must be completed to initiate payment for unused annual leave. A leave audit also must be completed in support of the AD-581 if there is a discrepancy between the NFC database and the employee's time and attendance records. The management official with the authority to approve time and attendance records must sign the AD-581. Agencies may choose to retain this authority at a higher level. The completed form (and audit, if appropriate) must be forwarded to the servicing HRO for processing.

Return to Federal Service

If an employee is reemployed in the Federal service prior to the expiration of the period of annual leave (i.e., the lump-sum leave period), they must refund the portion of the lump-sum payment that represents the period between the date of reemployment and the expiration of the lump-sum period. An agency credits to the employee's leave account the amount of annual leave equal to the days or hours of work remaining between the date of reemployment and the expiration of the lump-sum leave period. The collection of the lump sum may not be waived and may be paid in installments or in total, but it must be paid within one year after the date of reemployment. An employee must refund a lump sum when:

  1. Reemployed to a leave-earning position. Only the unexpired period covered by the lump-sum payment must be refunded. Restored annual leave will not be recredited.
  2. Restored after an erroneous separation. The entire lump-sum payment must be refunded.
  3. Reemployed as an annuitant. A retired Federal employee who received a lump-sum payment and is reemployed under a temporary appointment of less than 90 days before expiration of the lump-sum leave period, is required to refund the lump-sum payment, and the employee may use the recredited annual leave during the temporary appointment.

    Example. An employee retired on December 31, 2022, they received a lump-sum payment of their annual leave, and their lump-sum leave period ends on February 3, 2023. The individual receives a temporary, NTE-90-day appointment, effective January 15, 2023 (within the lump-sum leave period). The reemployed annuitant must refund the lump-sum payment; or they could wait until the lump-sum leave period ended and begin the appointment after February 3, 2023.

Restoration Of Forfeited Annual Leave

Agencies may restore annual leave that was forfeited because it was in excess of the employee’s maximum leave ceiling if the leave was forfeited because of administrative error, sickness of the employee, or an exigency of the public business.

Scheduled Before Third Biweekly Pay Period Before the End of the Leave Year

An employee may request annual leave that was forfeited due to an exigency of the public business or sickness of the employee only if the annual leave was scheduled in writing before the start of the third biweekly pay period prior to the end of the leave year. Unused leave scheduled after the start of the third biweekly pay period prior to the end of the leave year is not eligible for restoration and will be forfeited.

Administrative Error

An employee may request restoration of forfeited annual leave when an administrative error caused a loss of annual leave and the loss of leave occurred through no fault of the employee.

Sickness of the Employee

Annual leave that is forfeited because an employee’s illness occurred so late in the leave year or was of such duration that the leave could not be used, may request to have the forfeited annual leave restored. The annual leave must have been scheduled in writing before the start of the third biweekly pay period prior to the end of the leave year.

Exigency of the Public Business

An exigency of the public business may be considered to exist when the necessity requiring forfeiture of excess annual leave arises from circumstances which are beyond the control of the employees affected, which could not reasonably have been anticipated, and which make it impracticable to substitute employees to get the work done, or not in the public interest to grant affected employees the use of excess leave. An exigency of the public business may not be deemed to exist solely because of the pressure of normal workloads, seasonal variations in work, or other situations which careful scheduling might avoid. Exigencies may include:

  1. Natural disaster or other public emergency.
  2. A program encounters sudden public attention or importance.
  3. A specific project runs beyond its expected completion or is at some crucial phase at the end of the leave year.
  4. Unforeseen public business affecting an employee that occurs toward the end of the leave year that prevents the planned use of the annual leave, such as a call to jury duty or a call to military duty to preserve public order.

Prior to forfeited leave being restored the agency must determine that the exigency, or operational demand is of such importance that the employee cannot use scheduled annual leave. Managers must consider other alternatives to accomplish the work in cases where a bona-fide exigency exists. Exigencies that result in the forfeiture of annual leave should have a fixed termination date. The following requirements must be met for forfeited annual leave to qualify for restoration:

  1. The employee’s leave must be scheduled in advance and approved in writing prior to the beginning of the third pay period before the end of the leave year.
  2. The supervisor must make the decision that an exigency exists and must have concurrence of the next higher organizational level.
  3. During the exigency, annual leave subject to forfeiture must be used before any other type of leave not subject to forfeiture (such as credit hours). Sick leave is used when appropriate and in accordance with regulations.
  4. If a bona-fide emergency precludes advance decision-making, document the exigency or cancellation decision in writing as soon as possible. The statement must also describe the circumstances that prevented a proper advance decision.
  5. The decision that it is necessary to cancel leave does not ensure its restoration.
  6. The official who has been delegated authority to approve restoration of forfeited annual leave will make the decision to restore leave based on the documented facts.

Requests for restoration of annual leave forfeited during a leave year due to exigency of agency business must be submitted after the beginning of the following leave year but prior to April first.

When Forfeited Annual Leave Cannot Be Restored

Forfeited annual leave cannot be restored if:

  1. It doesn’t meet the written prescheduling requirements;
  2. It was not canceled in writing by the supervisor;
  3. The cancellation was not approved in writing by a higher-level supervisor/manager;
  4. It could have been rescheduled but the employee did not do so. This includes situations in which an employee cancels their own leave, and
  5. It was forfeited because other leave was used instead of annual leave (credit hours; compensatory time off in-lieu of overtime pay; compensatory time off for travel; time off award; or previously restored use or lose annual leave). This applies even if the compensatory hours were about to expire. Also, workload demands, perceived “future” issues and being short staffed in and of themselves, do not constitute an emergency.

Employees Whose Work is Essential to Respond to Certain National Emergencies

OPM may deem a specific national emergency declared by the President to be an exigency of the public business, authorizing “use or lose” annual leave to be restored to employees whose services are determined to be necessary for the current national emergency. This means employees are entitled to have their excess annual leave restored without the administrative burden of scheduling and canceling such leave during the national emergency. Additionally, the time limitations for using restored annual leave are suspended for the entire period during which employees' services are determined to be essential for activities associated with the national emergency. This means the employee is unable to schedule and use their annual leave because they are essential to responding to the emergency. At the end of the national emergency, or when the services of the employee no longer are determined to be necessary, a new time limit is to be established for using all restored leave available to the employee. See 5 CFR 630.310 for requirements and agency responsibilities.

Time Limit for Using Restored Leave

Employees must schedule and use their restored leave not later than the end of the leave year ending two years after:

  1. The date determined by the management official, with appropriate delegated authority, as the termination date of the exigency of the public business that resulted in forfeiture of the annual leave;
  2. The date the employee is determined to be recovered and able to return to duty if the leave was forfeited because of employee illness; or
  3. The date of restoration of the annual leave forfeited because of administrative error.

The expiration date must be shown on form AD-582. The employee forfeits any restored leave unused at the expiration of the two-year limit with no further right to restoration. Administrative error may not be a basis to extend the time limit for the use of restored annual leave. This is true even if the error results in the failure to establish a separate leave account, set the date for expiration of the time limit, or properly advise the employee of leave restoration rules. (See B-188993, December 12, 1977 and B-213380, August 20, 1984)

Obligation to Schedule and Use Restored Leave

Management and employees have a mutual obligation to plan and schedule the restored leave for use as expeditiously as circumstances permit within the specified two-year limit. Each supervisor in conjunction with employees must develop an annual leave plan to use the restored leave within a time limit that avoids forfeiture. This plan must be in writing and must consider it is also necessary to schedule regular annual leave and compensatory time during the leave year to avoid forfeiture.

Employee’s Checklist for Requesting Restored Annual Leave

The following checklist provides the documents needed to request restoration of forfeited annual leave. Employees may follow this checklist when preparing requests for restoration of annual leave forfeited due to exigencies of the public business (operational emergencies) or sickness. Incomplete requests may delay action by the servicing HRO. Forward request and all supporting documentation to the employee’s supervisor and other established administrative channels to the servicing HRO for review and approval.

Required Items

Description

Item 1:

Memo. Memo from the employee or supervisor to the servicing HRO requesting approval for restoration of forfeited annual leave. The memo requesting approval for restoration must contain:

  • The employee’s name, last four digits of the social security number, title, grade, and duty station;
  • Amount of leave forfeited;
  • Date(s) leave was requested, approved, and canceled;
  • Beginning and ending dates of the operational emergency (exigency of the public business) or illness (as applicable); and
  • Details on why the leave could not have been rescheduled and used during the remainder of the leave year.

Item 2:

Supporting Documentation:

  • Form(s) OPM-71, or equivalent.
  • Cancellation Letter. Written cancellation of leave by the supervisor and concurrence of a higher-level management official. The letter must include:
    • Identification of the, e.g., emergency name, project name.
    • Evidence that an exigency of such importance exists that it was not possible to excuse the employee from duty;
    • Specific beginning and ending dates of the exigency period;
    • Specific dates of the canceled leave;
    • A description of the importance of the exigency, specific details of the facts surrounding the exigency, and why work couldn’t be delayed until the new leave year;
    • A description of alternatives considered and specific reasons as to why there is no alternative to the cancellation; and
    • Signatures from both the immediate supervisor and the next higher level management official, typically the second level supervisor.

Item 3:

Medical Documentation. If due to illness: medical certificate, or other acceptable medical documentation, as applicable, which clearly indicates the period of incapacitation or illness.

Item 4:

Timesheets. Official T&A reports and T&A logs for pay period(s) leave was canceled and for the remainder of the leave year.

Item 5:

Leave Audit. Leave audit for the year leave restoration is being requested. A leave audit must include an accounting of annual leave, comp time, credit hours, and time off awards, if any.

Item 6:

Completed Packages. Send completed packages through established administrative channels to the servicing HRO.

HRO Checklist When Reviewing Requests for Restoration of Forfeited Annual Leave

The following checklist provides a guide for the servicing HRO to review and act on requests for restoration of forfeited annual leave due to exigencies of the public business.

Required Items

Description

Item 1:

Timeliness. Timeliness of request (not earlier than pay period one of the new leave year).

Item 2:

Memo. The request from the employee contains:

  • Name, last four digits of the social security number, title, grade, and duty station;
  • Amount of leave forfeited;
  • Date(s) leave was requested, approved, and canceled;
  • Beginning and ending dates of the exigency (operational emergency); and
  • Details on why the leave could not have been rescheduled and used during the remainder of the leave year.

Item 3:

Supporting Documentation. The supporting documentation contains:

  • Signed documents (OPM-71[s] or equivalent) indicating employee's request for and supervisor's initial approval of annual leave.
  • The employee’s leave request must show they requested to schedule the leave in writing before the beginning of the third pay period before the end of the leave year. The third pay period requirement is based on statute and cannot be waived.
  • Statement signed by the supervisor canceling annual leave. The statement includes specific reasons as to why the exigency of the public business (operational emergency) is so important that no alternative exists to the cancellation.
  • Concurrence of the cancellation and the existence of the exigency by a higher-level management official. This concurrence will not be made by anyone whose leave would be affected by the decision (5 CFR 630.305).
  • Official time and attendance reports and logs for pay period(s) leave was canceled and for remainder of the leave year;
  • Pay Period 26 (or 27) timesheet;
  • Complete leave audit for the year leave restoration is being requested; and
  • Ensure use or lose annual leave was used prior to other forms of earned time off except for sick leave.

Item 4:

Action on Request:

  • Submission Incomplete. Return to employee and provide what information is needed for making a proper application.
  • Request Disapproved. Does not meet all requirements for restoration of annual leave. Notify the employee by letter, providing explanation of disapproval.
  • Request Approved. Issue form AD-582.
Bone Marrow and Organ Donor Leave

Overview

Employees are entitled to be excused from duty without loss in pay or charge to personal leave for bone marrow and organ donation under 5 U.S.C. 6327. Leave for bone marrow and organ donation is a separate category of leave that is in addition to annual and sick leave. Time must be coded using the appropriate transaction codes in the time and attendance system.

References

  • Title 5 U.S.C. 6327: Absence in connection with serving as a bone-marrow or organ donor
  • Organ Donor Leave Act, P.L. 105-56, amending Title 5 U.S.C. 6327, dated 9/24/99.

Bone Marrow Donor

An employee may use up to 7 days (or 56 hours) of paid leave each calendar year to serve as a bone-marrow donor.

Organ Donor

An employee also may use up to 30 days (or 240 hours) of paid leave each calendar year to serve as an organ donor.

Documentation

Participating employees must notify their immediate supervisor as soon as possible after the donor procedure has been scheduled. The medical documentation must be on business letterhead and certified by an attending physician, the donor hospital, or the medical center. The medical documentation must include the date of scheduled donor procedure, the period required for post-operative recuperation, and the post-operative certification that the procedure has been performed.

Future Personal Use

An individual having bone marrow removed and stored for their future personal use is not considered a donor and the benefit of 7 days of paid time off does not apply. In such a case, the employee must use sick leave, annual leave, advanced annual and/or sick leave, leave without pay (LWOP), other paid time off such as earned compensatory time, earned travel compensatory time, or credit hours earned under a flexible work schedule. Leave is requested and approved in accordance with agency policy and collective bargaining agreement, if applicable.

Further Absence for Recuperation

The length of absence for organ donation procedures will vary depending upon the medical circumstances of each case. For medical procedures and recuperation requiring absences longer than 30 days, supervisors are encouraged to accommodate employees by granting additional time off in the form of sick leave, annual leave, advanced sick and/or annual leave, Family and Medical Leave Act (FMLA), LWOP, other paid time off such as earned compensatory time, earned travel compensatory time, credit hours earned under a flexible work schedule, or donations from the Voluntary Leave Transfer Program (VLTP), or Voluntary Leave Bank Program (VLBP), if available. Leave is requested and approved in accordance with agency policy and collective bargaining agreement, if applicable.

Court Leave

Overview

An employee is entitled to paid time off (court leave), without charge to personal leave, when called to jury duty or to serve as a witness in a nonofficial capacity for the U.S. Government, the District of Columbia, or a State or local government. Time must be coded using the appropriate transaction codes in the time and attendance system.

References

  • Title 5 U.S.C. 6322: Leave for jury or witness service; official duty status for certain witness service
  • Title 5 U.S.C. 5537: Fees for jury and witness service
  • OPM Fact Sheet: Court Leave

Eligibility

Court leave applies to permanent and temporary employees who are on full-time or part-time tours of duty. Employees on intermittent tours of duty are not eligible.

Court Leave for Jury Duty

Court leave must be granted to an eligible employee for absence during the employee’s regularly scheduled tour of duty to perform jury duty. Court leave may only be granted for those days and hours an employee would otherwise be in a pay status.

Court Leave to Serve as a Witness

Charge court leave to an employee summoned or subpoenaed to serve as a witness on behalf of any party in a judicial proceeding to which the U.S., the District of Columbia, a State, a U.S. territory or possession, or a local government is a party to the proceedings.

  1. Official Capacity Witness. An employee who is summoned or assigned by their agency to testify in their official capacity or to produce official records on behalf of any party in any judicial proceeding is considered in official duty status. Time is recorded as official duty and not court leave. If any fees are paid, they must be turned in to the employing agency.

  2. Nonofficial Capacity Witness. An employee is not eligible for court leave if they testify as a witness in a nonofficial capacity on behalf of a private party in a matter that the U.S., the District of Columbia, a state, or local government is not a party. An employee may not be granted court leave or regular time for time spent as a plaintiff or defendant testifying on their own behalf (e.g., civil case). The employee must take leave (annual, credit, comp, travel comp, or leave without pay (LWOP)) to serve in such a capacity. Employees are entitled to the fees and expenses related to such witness service.

Night Pay

Compensation of an employee may not be reduced because of jury duty. Employees granted court leave for jury duty are entitled to the same compensation they would otherwise have received, including any premium pay and differentials. A night shift employee who performs jury duty during the day is entitled to receive payment of night differential for their regularly scheduled tour of duty at night.

Summoned While on Leave

If an employee is on paid leave when called for jury duty or witness service, they may substitute for court leave. An employee on LWOP may not be granted court leave when called to jury duty.

Excused Early

Employees must inform their supervisor if they are excused from jury or witness service for 1 day or more, or for a substantial part of a day. Employees are expected to return to work or request to take other leave. If there is no jury or witness service, then there is no court leave. If an employee is released early, supervisors may grant administrative leave if the employee is unable to telework and it is not practical for the employee to return to duty because of the distance between the court and the duty station.

Documentation

Employees must provide the court order, subpoena, or summons to their supervisor as far in advance as possible. Upon completion of the court-related service, the summons and the court certificate identifying the court, the employee, dates of service, daily fee, reimbursement for expense, and the total fee paid, must be filed with the time and attendance report.

Payments Received for Court-Related Services

The following applies to fees paid to an employee for jury duty of witness service:

  • If an employee performs jury duty service for a state or local court and the employee is paid jury duty fees, the fees must then be collected from the employee and returned to the agency. Employees should contact their servicing Human Resources Office for instructions on how to return the fees to their agency.
  • An employee who has been granted court leave for jury or witness services or who participates in a judicial proceeding in an official capacity is not entitled to retain any fee for such service.
  • Minimal fees that are paid for parking or lunch do not need to be returned.
  • If called to jury duty on a non-workday, then the employee may keep the fees paid.

Refer to the following table for more information on payments:

Nature of Service

Court Leave

Official Duty (TC-01)

Annual Leave or LWOP

Fees

Govt. Travel Expenses Paid*
  1. Jury Service

X

 

 

Return to Agency

No
  1. Witness Service

 

 

 

 

 

a. In an official capacity

 

X

 

Return to Agency

Yes

b. In an unofficial capacity when a party is U.S., D.C., State or local govt

X

 

 

Return to Agency

No

c. In an unofficial capacity when a party is not U.S., D.C., State or local govt

 

 

X

Employee Retains

No

* The amount of travel expenses to be reimbursed will be offset by the amount of the fee paid by the court, authority, or party which caused the employee to be summoned.

Creditable Service for Prior Work Experience and Uniformed Service for Annual Leave Accrual

Overview

Agency heads have the discretion to grant service credit for prior work experience authorized in 5 CFR 630.205 that otherwise would not be creditable under 5 U.S.C. 6303(a) to determine the annual leave accrual rate of a new employee that is:

  • Receiving their first appointment (regardless of tenure) as a civilian employee of the Federal Government;
  • Reappointed following a break in service of at least 90 calendar days after their last period of civilian Federal employment; or
  • A retired member of the active duty uniformed service (defined by 38 U.S.C. 4303).

References

  • Title 5 U.S.C. Chapter 63, Subchapter I: Annual and Sick Leave
  • Title 5 CFR 630, Subpart C: Annual Leave
  • Office of Personnel Management (OPM) Fact Sheet: Creditable Service of Annual Leave Accrual for Non-Federal Work Experience and Experience in the Uniformed Service
  • OPM Guide to Processing Personnel Actions, Chapter 6: Creditable Service for Leave Accrual

Authority

Agency heads have this discretionary authority and may redelegate this authority to the agency Chief Human Capital Officer (CHCO) who may redelegate this authority as they consider appropriate within the agency.

Determination by the Agency

Credit for prior service under this authority is discretionary and the employee does not have an automatic entitlement to receive prior service credit. The agency must decide that the skills and experience of the employee are:

  • Essential to the new position;
  • Acquired through performance in a prior position having duties that directly relate to the duties of the new position; and
  • The official with delegated authority determines, in writing, that crediting service to provide a higher annual leave accrual rate is necessary to recruit an individual with the skills and experience necessary to achieve an important agency mission or performance goal.

Requirement to Notify Applicant

Prior to an employee’s entrance on duty (EOD) the agency HRO must:

  • Advise the employee of this flexibility; and
  • Ask for the employee to provide acceptable written documentation of their prior work experience.

Note: The delegated official must make the determination to approve an employee’s qualifying prior work experience before the employee enters on duty. The determination cannot be made retroactively.

Creditable Skills and Experience

The amount of service credited cannot exceed the actual amount of service during which the employee performed duties that are directly related to the position to which the employee is being appointed.

Employees may receive service credit for the following:

  • Credit may be granted for the full length of the time the employee performed the directly related duties (e.g., full-time credit for full-time service, part-time credit for part-time service).
  • Retired members of a uniformed service may receive service credit for any period of active duty service during which they performed duties directly related to the position to which they are being appointed.
  • In no case will an employee be granted double credit for service that is otherwise creditable under existing leave regulations.

Note: Service credit for less than full-time service must be based on the number of hours and the percentage of time the employee performed the duties.

Service Credit Documentation

The employee must provide acceptable written documentation of their prior work experience that must sufficiently describe both the duties the employee performed and the time period of performance of those duties.

The selecting official must justify the use of this authority is necessary to achieve an important agency mission or goal. The justification letter must address each of the following:

  • Brief description of the position being filled;
  • How the candidate’s high level of unique qualification and experience benefits the agency in the position; and
  • How the candidate’s prior work experience directly relates to the current position to be filled.

The agency Human Resources Officer (HRO) must document all awards of service credit in writing and include appropriate backup documentation sufficient for audit. Backup documentation might include the following:

  • Resumes and employment records;
  • Former position or Military Occupation Specialty (MOS) descriptions;
  • Documentation from the military service in the form of a DD 214, Certificate of Release or Discharge from Active Duty to obtain service credit for the uniformed service;
  • Letters from prior supervisors to indicate duties and time periods the employee performed the duties;
  • Other documentation that the HRO deems sufficient to verify the creditable service.
  • The agency head or CHCO must approve all written documentation and make determinations to grant service credit prior to the effective date of the employee’s entry on duty.

The service credit determination cannot be made retroactively; this means the determination must be made before the employee’s entrance on duty.

Personnel Action Documentation

For detailed processing information see the OPM Guide to Processing Personnel Actions, Chapter 6.

Prior service or active-duty uniformed service must be documented on the Standard Form (SF) 144A, Statement of Prior Federal Service Worksheet, or equivalent document.

The SF-144A, or equivalent, and the supporting documents must be filed in the employee’s Official Personnel Folder (OPF).

Effective Date

Employees receive credit for non-Federal service or active-duty uniformed service upon the effective date of initial appointment or reappointment to Federal service.

One Year Service Requirement

Service credit granted to an employee for prior work experience or active-duty uniformed service remains to the credit of the employee unless they fail to complete one full year (52 calendar weeks) of continuous service with USDA.

Once an employee completes one full year of continuous employment with USDA, the period of service for which they were granted service credit is permanently creditable for the purpose of determining their annual leave accrual rate for the duration of the employee’s career.

Separation Before Completing the One Year Service Requirement

If an employee separates from Federal service or transfers to another Federal Department prior to completing one full year of continuous service with USDA, the employee is not entitled to retain service credit for prior non-Federal service or active-duty uniformed service.

Effect of Non-Pay Status

If an employee is placed in a leave without pay (LWOP) status during the one-year period of continuous employment required, the one-year period of continuous employment must be extended by the amount of time the employee is in a LWOP status unless:

  • The employee separates or is placed in a LWOP status to perform service in the uniformed services (as defined in 38 U.S.C. 4303 and 5 CFR 353.102) and later returns to civilian service in the USDA through the exercise of a reemployment right provided by law, Executive order, or regulation.
  • The employee separates or is placed in a LWOP status because of an on-the-job injury with entitlement to injury compensation under 5 U.S.C. Chapter 81 and later recovers sufficiently to return to work in the USDA.
Disabled Veteran Leave

Overview

A newly hired employee who is a veteran with a qualifying service-connected disability rated at 30% or more is entitled up to 104 hours of disabled veteran leave for the purposes of undergoing medical treatment for such disability. Disabled veteran leave is a one-time benefit provided to an eligible employee. The employee will have a single, continuous 12-month eligibility period, beginning on the “first day of employment” in which to use the leave or it will be forfeited with no opportunity to carry over the leave into subsequent years. This is a separate leave category and does not affect an employee’s sick leave balance.

References

Eligibility

Disabled veteran leave is available to an employee who is a veteran with a qualifying service-connected disability rated at 30% or more as determined by the Veterans Benefits Administration (VBA). The employee must be hired on or after November 5, 2016. The term “hired” means:

  • Newly hired with no previous Federal service; or
  • Receiving a qualifying reappointment in a covered position with at least a 90-day break in service; or
  • Military reservists or members of the National Guard that return to duty in their civilian positions after a period of military service.

Qualifying Service-Connected Disability

To be eligible for disabled veteran leave, an employee must provide to the agency documentation from the VBA certifying that the employee has a qualifying service-connected disability. The documentation certifying a combined disability rating of 30% or more should be provided to the agency:

  • Upon the first day of employment, if the employee has already received such certifying documentation; or
  • For an employee who has not yet received such certifying documentation from the VBA, as soon as practicable after the employee receives the certifying documentation including after a period of absence for medical treatment.

Benefit Period

The 12-month eligibility period is fixed based on the first day of employment and is not affected by the timing of when certifying documentation is provided. The first day of employment is:

  • The earliest date an employee is hired after the effective date of a qualifying service-connected disability; or
  • The effective date of a qualifying service-connected disability (i.e., when the hiring event occurs before the effective date).

Note: The effective date is normally either the day after the date of military discharge (if the person filed a disability claim within 1 year of the military discharge date) or the date the claim was filed.

Leave Credit

Upon receipt of the certifying documentation, an agency must credit 104 hours of disabled veteran leave to a full-time employee or a proportionally equivalent amount for employees with part-time, seasonal, or uncommon tours of duty. Refer to OPM’s Disabled Veteran Leave Fact Sheet for direction how to credit hours by work schedule.

A one-time credit of leave is entered into the employee’s Disabled Veteran Leave account at the beginning of the 12-month eligibility period. Disabled veteran leave:

  • Must be used during the eligibility period;
  • Expires after 12 months of entitlement;
  • Is forfeited (not cashed out) after eligibility period;
  • Is proportionally adjusted based on the work schedule; and
  • Is subject to offset.

Medical Treatment

Disabled veteran leave may only be used for the purpose of undergoing medical treatment of a qualifying service-connected disability. The employee will be required to self-certify that disabled veteran leave is being used (or was) used for this treatment, however the supervisor may request additional medical certification from a healthcare provider that the treatment provided was for the service-connected disability.

Requesting and Granting of Disabled Veteran Leave

Employees will use form OPM-71, or another agency approved time and attendance method to request disabled veteran leave. The leave request must be made only for medical treatment of a qualifying service-connected disability; and

  • Must be made in advance, or if unforeseeable, within the pay period in which the employee returns to duty; and
  • Must include a personal self-certification from the employee that the disabled veteran leave is being used in connection with a qualifying disability. (See 5 CFR 630.1306(b)(1))

Medical Documentation

In addition to the required employee self-certification per 5 CFR 630.1306, an agency, at its discretion, may additionally require a signed medical certification from a healthcare provider that the medical treatment was for a qualifying service-connected disability. An agency may require an employee to submit medical certification before approving any retroactive substitution for other approved leave. When an agency requires such medical certification, the agency may specify that it include (see 5 CFR 630.1307);

  • A written statement signed by the healthcare provider that the medical treatment is for one or more service-connected disabilities of the employee that resulted in a 30% or more disability rating;
  • The date or dates of treatment or, if the treatment extends over several days, the beginning and ending dates of the treatment;
  • If the leave was not requested in advance, a statement that the treatment required was of an urgent nature or there were other circumstances that made advanced scheduling not possible; and
  • Any additional information that is essential to verify the employee’s eligibility.

The employee must provide the additional medical certification within 15 calendar days of the agency’s request unless the agency determines that more time is required (not to exceed 30 calendar days).

An employee who does not provide the required evidence or medical certification within 30 days is not entitled to use disabled veteran leave. The agency may, as appropriate and consistent with applicable laws and regulations, charge the employee as absent without official leave (AWOL); or allow the employee to request that the absence be charged to leave without pay (LWOP), sick leave, annual leave, or other forms of paid time off.

Confidentiality. Medical information obtained in connection with disabled veteran leave is confidential. All medical information obtained in connection with medical treatment for a qualifying service-connected disability will be kept in files separate from the employee’s electronic official personnel file (eOPF). Any employee who obtains or receives such information is strictly bound by these confidentiality requirements.

Offsetting Disabled Veteran Leave

Full credit is intended for those employees with zero hours of accrued sick leave on the first day of employment. When determining the amount of disabled veteran leave to credit to an employee, an agency must offset the initial crediting of disabled veteran leave by:

  • Any hours of sick leave to the employee’s credit as of the “first day of employment”; or
  • Any hours of “equivalent” disabled veteran leave used by an employee in a position not covered by 5 U.S.C. 6329, (i.e., equivalent leave granted under another authority such as the personnel authority of the FAA or the TSA).

An employee may have a sick leave balance as of the first day of employment in the following situations:

  • A former Federal employee is rehired after a break in service of at least 90 days and the rehire date qualifies as the “first day of employment” triggering eligibility for disabled veteran leave. The rehired employee is entitled to a re-credit of the former sick leave balance. Such re-credited sick leave hours will offset the initial crediting of disabled veteran leave hours, which would reduce or eliminate the disabled veteran leave benefit.
  • A veteran is first hired in a qualifying position as a Federal employee on or after November 5, 2016 and does not have eligibility for disabled veteran leave as of the hire date. Later, the veteran files a claim for VA disability compensation, which is approved, and the effective date of the disability rating is after the hire date. That effective date of the VBA disability rating is the “first day of employment” and the start date of the 12-month eligibility period for using disabled veteran leave. The hours of sick leave to the employee’s credit (if any) as of that start date would offset the initial crediting of disabled veteran leave hours.
  • A Federal employee is called up to perform military duty as a reservist. After such military service, the employee qualifies for disabled veteran leave. The hours of sick leave to the employee’s credit (if any) as of the start date of the 12-month eligibility period would offset the initial crediting of disabled veteran leave hours.

Rating Changes

If an employee’s service-connected disability rating is decreased or discontinued during the 12-month eligibility period such that the employee no longer has a qualifying service-connected disability, the employee:

  • Must notify the agency of the effective date of the change in the disability rating; and
  • Is no longer eligible for disabled veteran leave as of the effective date of the rating change.

Retroactive Substitution of Disabled Veteran Leave

If an employee did not provide documentation of eligibility for disabled veteran leave until after a period of absence for a purpose later determined to be qualifying, the employee may retroactively substitute disabled veteran leave for that absence (except for periods of AWOL or suspension). Leave or paid time off that was originally used will be cancelled and replaced. The medical treatment must have occurred during the employee’s 12-month eligibility period.

Employee Transfer

If an employee transfers to another agency within the 12-month eligibility period, any remaining leave will also transfer.

Employee Separation

A veteran who has at least a 1-day break in service during the 12-month eligibility period and returns to qualifying Federal employment within the same eligibility period is entitled to a re-credit of the unused balance of disabled veteran leave.

Forfeiture of Disabled Leave

Any unused disabled veteran leave will be forfeited at the end of the employee’s established 12-month eligibility period or when a change in disability rating occurs indicating the employee no longer has a qualifying service-connected disability. There are no circumstances under which the leave may remain to an employee’s credit afterwards.

Lump-Sum Payments

Employees may not receive a lump-sum payment for any unused disabled veteran leave under any circumstances.

Emergency Leave Transfer Program

Overview

In the event of a major disaster or emergency as declared by the President that results in severe adverse effects for a substantial number of employees, the President may direct OPM to establish an Emergency Leave Transfer Program (ELTP). Under an ELTP, a covered employee of the Department may donate annual leave for transfer to employees of the same agencies or other Departments who are adversely affected, or have family members who are adversely affected, by the disaster or emergency (e.g., floods, earthquakes, hurricanes, bombings).

References

Establishment of an Emergency Leave Transfer Program

When directed by the President, OPM will establish an ELTP for a specific disaster or emergency and notify Departments of the establishment of the program. Once notified by OHRM, each agency affected by the disaster or emergency is authorized to:

  1. Determine whether, and how much donated annual leave is needed by affected employees.
  2. Approve emergency leave donors and/or emergency leave recipients within the agency, as appropriate.
  3. Facilitate the distribution of donated annual leave from approved emergency leave donors to approved emergency leave recipients within the agency.
  4. Determine the period of time for which donated annual leave may be accepted for distribution to approved emergency leave recipients.

Eligibility

A major disaster or emergency must be declared by the President and the situation has caused severe hardship to the employee or an employee’s family member to such a degree that the employee's absence from work is required.

A leave recipient is not required to exhaust their accrued annual or sick leave before receiving donated leave under this program.

Any donated leave must be used to assist the employee or the employee’s affected family member, provided the family member has no reasonable access to other forms of assistance.

Applying to Become a Leave Recipient

An employee, who is personally or has a family member that is adversely affected by the major natural disaster or national emergency as declared by the President, and who needs additional time off from work without having to use the employees own paid leave (annual and sick leave) is eligible to apply to become an ELTP recipient.

The following table describes the application process:

  • Step 1. The employee submits Form OPM 1637 to the servicing Human Resources Office (HRO). The following information must be included in the form:
    • Employee's official duty station
    • Specific number of hours requested
    • Statement describing the need for leave from the ELTP and any available documentation supporting the declared need
    • Identification of who is affected by the emergency
    • Date(s) of when the emergency began and ended (or date it is expected to end)
    • Applicant's signature (or designee).

      Send the completed form and any supporting documentation to the supervisor. If necessary, the employee may amend the request if they determine additional hours are needed due to the severity of the impact.
  • Step 2. The supervisor:
    • Reviews form OPM 1637, and any supporting documentation submitted by the employee.
    • Signs block 13 of form OPM 1637.
    • Checks either the "approve" or "disapprove" block (if the supervisor does not support the application, reasons and supporting documentation must be provided).
    • Submits the application and any supporting documentation to the servicing HRO.
  • Step 3. The agency servicing HRO:
    • Reviews the application and checks block 14 of Form OPM 1637, to either approve or disapprove the application (disapprovals must include reasons why not approved, e.g., lack of acceptable documentation showing need, etc.).
    • Uses the release form to verify that a personal representative has permission to act on an employee's behalf.
    • Ensures time and attendance records are correctly adjusted for both leave donors and recipients.
    • Maintains records of leave donations and distributions.
    • Notifies the employee and supervisor of approval or disapproval within 10 workdays of receipt of the completed application.

Using Donated Leave

  • ELTP recipients may receive a maximum of 240 hours of donated annual leave at any one time for each disaster or emergency.
  • The donated annual leave may only be used for purposes related to the disaster or emergency for which the emergency leave recipient was approved.
  • Donated annual leave may be:
    • Substituted retroactively for any period of LWOP used because of the adverse effects of the declared disaster or emergency; or
    • Used to liquidate an indebtedness incurred by the emergency leave recipient for advanced annual or sick leave used because of the disaster or emergency. The agency may advance annual or sick leave, as appropriate (even if the employee has available annual and sick leave), so that the emergency leave recipient is not forced to use accrued leave before donated annual leave becomes available.
  • An agency may allow an employee to receive additional disbursements of donated annual leave based on the employee's continuing need and the number of available leave donations. Each disbursement of transferred annual leave may not exceed 240 hours.
  • Donated annual leave may not be:
    • Used for another disaster or emergency. (See 5 CFR 630.1117(c))
    • Included in a lump-sum payment.
    • Recredited to a former employee who is reemployed by a Federal agency.
    • Used to establish initial eligibility for immediate retirement or acquire eligibility to continue health benefits into retirement.

Advancing Leave

Approved leave recipients may be granted advanced annual or sick leave, as appropriate (even if the employee has available accrued annual and sick leave) so that the recipient is not forced to use their accrued leave before donated annual leave becomes available. Donated leave would then be substituted for any advanced leave.

Accruing Leave While in the ELTP

While in the ELTP, annual and sick leave will continue to accrue at the same rate as if the employee were in a paid leave status. Any annual leave accrued that causes an employee to be in a use or lose annual leave category at the end of the leave year will continue to be subject to the same rules for carryover and restoration of annual leave.

Donating Leave

Employees may donate annual leave or restored annual leave to employees adversely affected by the disaster or emergency by completing Form OPM 1638, Request to Donate Annual Leave under the Emergency Leave Transfer Program, and sending it to their servicing HRO.

Donors:

  1. May not donate sick leave, compensatory time, or credit hours to the ELTP.
  2. Must indicate the name of the emergency but may not specify a leave recipient.
  3. May not contribute more than 104 hours of annual leave in a leave year to the ELTP.
  4. May only contribute annual leave in whole hour increments.

Note: Annual leave donated under the ELTP may not be applied against limitations on the donation of annual leave under their agency VLTP or VLBP. These are separate programs.

Waiver of Donor Limitations

The limitation on the amount of annual leave that may be donated in a leave year may be waived under unusual conditions (i.e., if there is insufficient donated annual leave and there is a clearly demonstrated need for the ELTP). A donor may request a waiver of the limitation by submitting a written request describing the unusual conditions to the servicing HRO.

Donations from Other Agencies

Within USDA. If there is not enough donated annual leave to meet the needs of approved recipients, agency HR personnel will contact OHRM for assistance. OHRM will solicit and facilitate the transfer of donated annual leave from other agencies within USDA. OHRM determines the time frame for which donations of leave may be accepted for transfer to agencies. HR will equitably distribute donated leave to ELTP participants. Amounts may vary due to individual needs expressed in the application.

Outside USDA. If USDA does not receive sufficient amounts of donated annual leave to meet the needs of emergency leave recipients within the Department, OHRM may contact OPM for assistance in receiving additional donated annual leave from other Departments. Based on the amount of donated leave needed, OPM will solicit and coordinate the transfer of donated annual leave from other Federal agencies. OPM will notify each affected agency of the cumulative amount of donated annual leave that will be credited to it for transfer to its approved emergency leave recipients. The affected agency will determine the amount of donated annual leave to be transferred to each emergency leave recipient.

Termination of the Emergency

The disaster or emergency affecting the emergency leave recipient terminates at the earliest occurrence of one of the following conditions:

  1. When the recipient (or designee) notifies the agency that they are no longer affected by the disaster or emergency.
  2. When the Agency, USDA, or OPM determines the disaster or emergency has ended.
  3. When the employee's Federal service terminates.
  4. Upon notification by OPM that the recipient’s application for disability retirement has been approved.
  5. At the end of the biweekly pay period in which the employee's agency determines, after giving the employee or their personal representative written notice and an opportunity to answer orally or in writing, that the employee is no longer affected by the disaster or emergency (this is a final decision and not subject to further administrative review).

Agencies must monitor the status of the emergency and are responsible for terminating the ELTP if the recipient is no longer affected by the emergency.

Returning Unused Donated Leave

Returning unused ELTP donated leave is proportional to the amount of leave donated by the employee for each disaster or emergency, using the same formula for returning donations under the VLTP. (See VLTP section)

Family and Medical Leave Act

OVERVIEW

The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 workweeks of unpaid leave with job protection during a 12-month period for certain family and medical needs. FMLA leave differs from leave without pay (LWOP) in that an employee who establishes eligibility may not be denied FMLA leave. This section focuses on Title II of the FMLA.

Refer to the end of this section for the following tools:

  1. Employee Checklist
  2. Supervisor Checklist
  3. Letter Templates

REFERENCES

ENTITLEMENT

Full-time employees are entitled to 12 weeks (480 hours) of unpaid leave in a 12-month period (12 weeks x 40 hours = 480 hours).

Part-time employees are entitled to prorated FMLA leave. FMLA leave is calculated on an hourly basis that will equal 12 times the average number of hours in the employee's regularly scheduled administrative workweek (e.g., if the employee is scheduled to work 24 hours per week, then the employee is entitled to 288 hours of leave (12 weeks x 24 hours = 288 hours).

To access more information, please view the Family and Medical Leave Act Leave Guide (PDF, 827 KB).

Funerals and Bereavement

Overview

This section provides different types of leave available for employees to attend funerals, memorial services, or participate in ceremonies.

References

Sick Leave for Funerals of Family Members

An employee may be granted sick leave to make arrangements required by the death of a family member and attend the funeral of a family member. An employee is entitled to use up to 104 hours (13 days) of sick leave each leave year for family care and bereavement purposes (see 5 CFR 630, Subpart D). Time is coded as sick leave.

Parental Bereavement Leave

Employees are entitled to 2 workweeks of parental bereavement leave in connection with the death of an employee’s qualifying child (see 5 U.S.C. 6329d and CPM 2022-08, Parental Bereavement Leave). Time is coded as parental bereavement leave.

Funeral Leave for Combat-Related Death of an Immediate Relative in the Armed Forces

An employee is entitled to up to 3 days of funeral leave to arrange for or to attend the funeral or memorial service of an immediate relative who died because of wounds, disease, or injury incurred while serving as a member of the Armed Forces in a combat zone.

The 3 days must be within the employee's established tour of duty, including regularly scheduled overtime. The 3 days need not be consecutive, and the leave may include time for travel. Time is coded as funeral leave. If additional leave is needed, annual leave, sick leave, other paid leave such as earned comp time, credit hours earned under a flexible work schedule, travel comp time, or LWOP may be requested as appropriate. The employee must provide to their supervisor an acceptable justification for use of funeral leave in nonconsecutive days. (See 5 U.S.C. 6326 and 5 CFR 630, Subpart H)

Definitions:

  • Armed Forces means the Army, Navy, Air Force, Marine Corps, and Coast Guard.
  • Combat zone is an area determined to be a combat zone by the President.
  • Employee means any employee of the Department.
  • Family member or immediate relative means the following relatives of the deceased member of the armed forces: spouse, parents, children (including adopted children, foster children or stepchildren) and their spouses, brothers and sisters and their spouses, and any person related by blood or affinity whose close association with the deceased was such as to have been the equivalent of a family relationship.
  • Veteran means an employee of the Department who is a veteran of any war, campaign, or expedition for which a campaign badge has been authorized, or who is a member of honors or ceremonial groups of such veterans.

Absence of Veterans to Attend Funeral Services

An employee who is a veteran of a declared war, who served in a campaign or expedition for which a campaign badge has been authorized, or who is a member of an honor or ceremonial group of those veterans may be granted up to 4 hours of administrative leave in any one day to participate in military funerals. The administrative leave is to participate as an active pallbearer, member of a firing squad, or as a member of an honor guard in a funeral ceremony for a member of the armed services whose remains are returned from abroad for final interment in the United States (see 5 U.S.C. 6321). Time is coded as administrative leave.

Military Leave for Funeral Honors Duty

An employee eligible for military leave under 5 U.S.C. 6323(a) may use military leave to perform at the funeral of a veteran. Funeral ceremony duties include the folding of a United States flag and presentation of the flag to the veteran’s family and the playing of Taps (see 5 U.S.C. 6323(a)(1)). Time is coded as military leave.

Law Enforcement Officers or Firefighters Killed in the Line of Duty

Law enforcement officers or firefighters, who are authorized, may be excused from duty without loss of pay or charge to leave to attend the funeral of a fellow law enforcement officer or firefighter who was killed in the line of duty (see 5 U.S.C. 6328). Attending these services are considered an official duty and charged as regular time.

Home Leave

Overview

Home leave is an added amount of paid leave authorized in accordance with 5 U.S.C 6305 that is earned by employees who are assigned outside of the U.S. or its territories or possessions to an overseas position for at least 2 years (24 months) of continuous service.

Home leave is leave authorized that is earned by service abroad. Service abroad means service by an employee at a post of duty outside the U.S. and outside the employee’s place of residence if their place of residence is in Puerto Rico or a territory or possession of the U.S.

Home leave is for leave in the U.S., or if the employee’s place of residence is outside the area of employment, U.S. territories, and possessions, including the Commonwealth of Puerto Rico. Home leave can be earned and granted to eligible employees who have been recruited for overseas duty and who meet the requirements of 5 U.S.C. 6304(b) for the accumulation of a maximum of 45 days of home leave. See 5 CFR 630, Subpart F.

References

FAS, APHIS, and IS Personnel

For regulations and procedures for Foreign Agriculture Service (FAS) officers and certain Animal and Plant Health Inspection (APHIS) employees, see 3 FAM 3430, Foreign Service Manual.

Eligibility

Except as otherwise authorized by statute, an employee is entitled to home leave only when they have completed a basic service period of 24 months of continuous service abroad. The 24 months of continuous service abroad is a one-time requirement; when the initial 24-month threshold is achieved, the employee may use accrued home leave at any time during subsequent tours overseas. This basic service period is terminated by a break in service of 1 or more workdays or an assignment (other than a detail) to a position that an employee is no longer subject to 5 U.S.C. 6305(a).

Employees stationed outside the 50 States and the District of Columbia are eligible to earn home leave if one or more of the following conditions are met; employees must be/have been:

  • Directly recruited or transferred by the Federal Government from the U.S., including transfers to Puerto Rico;
  • Directly recruited or transferred by the Federal Government from Puerto Rico or possessions of the U.S. for employment outside the area of recruitment or the area from which they were transferred; or
  • Persons who are normally residents of the area concerned and are discharged from service in the Armed Forces of the U.S. to accept employment with the Federal Government.

Service Agreement

Employees are eligible for home leave only when there is a written service agreement to serve on a 2-year rotational overseas assignment. If at the end of the 2-year assignment the employee agrees in writing to serve an additional 2-year assignment, they will be granted home leave. Home leave will be granted within the limitation of available funds.

Earning Home Leave

Home leave is earned from the date of the employee’s arrival at a post of duty outside the U.S. or on the date of entrance on duty when recruited abroad. It ends on the date of the employee’s departure from the post for separation, for assignment in the U.S., or on the date of separation from duty when separated abroad. Full credit is given for the day of arrival and the day of departure. The following rules are used for calculating entitlement to home leave. For each 12 months of service abroad, an employee earns home leave at the following rate:

  • An employee who accepts an appointment to, or occupies, a position for which the agency has prescribed the requirement that the incumbent accept assignments anywhere in the world as the needs of the agency dictate earns 15 days.
  • An employee serving with a U.S. mission to a public international organization earns 15 days.
  • An employee serving at a post that payment of a foreign or non-foreign (but not a tropical) differential of 20 percent or more is authorized by law or regulation earns 15 days.
  • An employee not included above, who is serving at a post that payment of a foreign or territorial (but not a tropical) differential of at least 10 percent but less than 20 percent is authorized by law or regulation earns 10 days.
  • An employee not included above earns 5 days.

An employee not included above whose civilian service abroad is interrupted by a tour of duty in the Armed Forces of the U.S., for the duration of such tour earns 0 days.

Home Leave Determination

Refer to the following table to make a home leave entitlement determination:

If the employee's permanent residence is:

And the employee is recruited to work in:

And the employee is:

Then the employee:

U.S. stateside, excluding Puerto Rico

Puerto Rico

Eligible to accrue 45 days annual leave

Is entitled to home leave back to the U.S. stateside.

U.S. stateside

Guam, Virgin Islands, Europe etc.

Eligible to accrue 45 days annual leave

Is entitled to home leave back to the U.S. stateside.

Puerto Rico

Puerto Rico

Not eligible to accrue 45 days annual leave

Is not entitled to home leave.

Puerto Rico

Guam, Virgin Islands, Europe etc.

Eligible to accrue 45 days annual leave

Is entitled to home leave back to Puerto Rico.

Puerto Rico

The U.S. stateside

Not eligible to accrue 45 days annual leave

Is not entitled to home leave back to
Puerto Rico.

Varying Rates

When a change in the employee’s earning rate occurs, the agency must credit the employee with the amount of home leave for the month at the rate that they were entitled to prior to the change.

Computation of Service Abroad

Computation of service abroad must exclude all absences in a non-pay status up to a maximum of 2 workweeks within each 12 months of service abroad, when authorized leave with pay occurs, or when there is time spent in the Armed Forces of the U.S. which interrupts service abroad (but only for eligibility, not leave-earning purposes), or when there is a period of detail.

Using Home Leave

Granting home leave is at the discretion of the employee’s agency. An agency may grant home leave in combination with other leaves of absence in accordance with established agency policy. The agency will grant eligible employees home leave upon completion of the assignment or as soon after as practicable. Such leave may be granted:

  • During the period of service abroad, or
  • Within 6 months after the return from service abroad, provided it is contemplated the employee will return to an assignment abroad immediately or upon completion of an assignment in the United States. Home leave not granted at such time may not be granted until the employee has completed another rotational assignment of 2-years except where the agency determines for justifiable reasons recorded in writing that an earlier grant is warranted in an individual case.

Note: The granting of home leave does not confer an entitlement to payment of travel and transportation expenses.

Limitations

An agency may grant home leave only for use in the U.S., the Commonwealth of Puerto Rico, or a territory or possession of the U.S., and during an employee’s period of service abroad, or within a reasonable period after their return from service abroad when it is contemplated that the employee will return to service abroad immediately or on completion of an assignment in the U.S.

Advance of home leave is not permitted.

Charging of Home Leave

The minimum charge for home leave is 1 day and additional charges are in multiples thereof. Home leave may be granted for use only in the United States, its territories, or Puerto Rico:

  • After an employee has completed 24 months of continuous service abroad (18 months for Foreign Service employees);
  • Only when an employee is expected to return to an assignment abroad; and
  • Within 6 months after an employee returns from service abroad if they are expected to return to service abroad immediately or upon completion of an assignment in the United States. If home leave is not granted at such time, it may not be granted until an employee completes another substantial period of service abroad. This period of service may not be less than the tour prescribed for the employee's post of assignment unless an earlier grant of home leave is justified by an authorized official.

Home Leave in Conjunction with Travel

To ensure the fullest utilization of funds, home leave will be combined with transfer orders whenever possible. Therefore, when the transfer is ordered of an employee who has completed the basic service period required for home leave, they will normally be ordered to proceed to their new post of assignment with home leave used (taken) enroute.

Indebtedness

An employee is indebted for the home leave used when failing to return to service abroad after the period of home leave or after the completion of an assignment in the U.S. However, a refund for this indebtedness is not required when:

  • The employee has completed at least 6 months service in an assignment in the U.S. following the period of home leave;
  • The agency determines the employee’s failure to return was due to compelling personal reasons of a humanitarian or compassionate nature, such as may involve physical or mental health issues, or circumstances of which the employee has no control; or
  • The agency that granted the home leave determines that it is in the public interest not to return the employee to their overseas assignment.

Transfer and Recredit of Home Leave

An employee is entitled to have their home leave account transferred or re-credited to their account when the employee moves between agencies or is reemployed without a break in service of more than 90 days. No lump-sum payment is made for home leave.

Leave Without Pay

Overview

Leave without pay (LWOP) is a temporary non-pay status and approved absence from duty that may be granted at the employee's request. LWOP may be granted even if the employee has annual or sick leave in their accounts.

Agencies cannot place an employee on LWOP, imposed as a penalty, nor can an employee be required to apply for LWOP in-lieu of suspension. The permissive nature of LWOP distinguishes it from absent without official leave (AWOL), suspension, and furlough. In most instances, granting LWOP is a matter of supervisory discretion and limited by agency internal policy.

Situations when LWOP must be Approved

Employees are entitled to LWOP in the following situations:

  1. Employees who exercise their rights under the Family and Medical Leave Act (FMLA). (See 5 CFR Part 630, Subpart L)
  2. The Uniformed Services Employment and Reemployment Rights Act (USERRA) provides employees with an entitlement to LWOP when employment with an employer is interrupted by a period of service in the uniformed service. (See 5 CFR 353.106)
  3. Disabled veterans in need of medical treatment. (See E.O. 5396, July 17, 1930)

Employees may not be in a pay status while receiving workers' compensation payments from the Department of Labor.

Up to 24 Hours LWOP for Family Support Activities

Employees will be granted up to 24 hours of LWOP per calendar year as mission requirements permit for the activities listed below: (See April 11, 1997 Presidential Memorandum, Expanded Family and Medical Leave Policies for Federal Employees and CPM 2010-16, Extension of 24-Hour LWOP Family Support Policy to Same-Sex Domestic Partners of Federal Employees)

  • School and Early Childhood Educational Activities. Allows employees to support a child's educational development and advancement at an elementary or secondary school, Head Start program, or a child-care facility to:
    • Attend parent-teacher conferences.
    • Meet with the child-care providers.
    • Interview for a new school or childcare facility.
    • Participate in volunteer activities such as tutoring or coaching.
  • Routine Family Medical Purposes. Allows parents to accompany children to routine medical or dental appointments, such as annual check-ups or vaccinations. This is applicable in circumstances where an employee does not have the 13 days of sick leave available currently allowed under existing regulations (13 days of sick leave is applicable to full-time employees, if part-time the sick leave would be prorated in proportion to the average number of hours in work in the employee’s scheduled tour of duty each week).
  • Elderly Relatives Health or Care Needs. Allows employees to accompany elderly relatives to routine medical or dental appointments or other professional services related to their care, such as making arrangements for housing, meals, phones, banking services, and other similar activities.

Discretionary LWOP

LWOP in other cases should be granted only when it is apparent that it will result in increased job capability, protection or improvement of the employee’s health, or the retention of a desirable employee. Circumstances in which the approval of LWOP is discretionary include, but are not limited to the following:

  1. Recovery from illness or disability not of a permanent nature.
  2. Protecting the rights and benefits of employees who request to remain at home to care for a newborn, newly adopted, or sick minor child.
  3. Protecting the rights and benefits of employees who must relocate because of an emergency family situation.
  4. Protecting an employee’s status and benefits pending final action by OPM on a claim for disability retirement, after all sick and annual leave have been exhausted.
  5. Educational purposes when the course of study is in line with work performed within the USDA and completion of the course would serve the best interests of the USDA.
  6. Temporary service with a non-federal or private enterprise when it will contribute to the public welfare or when the experience to be gained will benefit the USDA.
  7. Service with a recognized employee organization.

Special Considerations

Unless there are special considerations, employees should request LWOP only when they intend to return to duty. When reviewing requests for extended LWOP, approving officials should be liberal in approving LWOP for:

  1. Employees whose application for disability compensation or disability retirement is pending.
  2. Employees receiving workers' compensation benefits, unless it is known that they are permanently disabled. In these cases, supervisors should contact their servicing staffing specialist.
  3. Employees who have an illness or disability as certified by a medical certificate or other acceptable evidence unless such evidence indicates that the employee will not return to duty. In these cases, supervisors should contact their servicing staffing specialist.
  4. Career or career-conditional employees seeking Federal employment outside of their commuting area and the LWOP would allow them to avoid a break in service.
  5. Employees to attend school, if the course of study will result in increased ability to perform work in the agency. If the employee is a veteran attending school under the GI Bill, a liberal policy will be applied even though the course of study may not be directly related to agency activities.
  6. Employees to teach at a college or university if such teaching will give the employee additional experience and training of value to USDA or the agency or will further the interest of USDA or the agency.
  7. Career or career-conditional employees serving in competitive positions to permit them to serve as Peace Corps volunteers or volunteer leaders for periods up to 30 months.
  8. Career or career-conditional employees when accompanying a member of the Armed Forces or a Federal service employee on a rotational assignment, transfer of function or relocation of activity. In these cases, extended LWOP may not exceed 90 days.
  9. Employees serving on a temporary basis as an officer or a representative of a union representing Federal employees.
  10. Short term assignments (90 days or less) to public international organizations to engage in organizing programs or consulting work.

Granting and Documenting LWOP

An approving official may grant LWOP without regard to the amount of annual or sick leave to an employee's credit. LWOP should only be granted when it is compatible with local work situations.

  • LWOP for 30 Consecutive Days or Less. Supervisors may approve LWOP for less than 30 days for any purpose.
    • LWOP for 1 to 3 Days. Document LWOP requests for less than 3 days the same way you require documentation of other forms of leave (e.g., initial the timesheet, OPM-71, etc.).
    • LWOP for 3 to 30 days. Document LWOP for three days or more on an OPM-71.
  • LWOP for More than 30 Consecutive Days. Requests for LWOP for more than 30 consecutive days requires consultation with agency Human Resources and requires an SF-52, Request for Personnel Action.

    Requests for more than 30 consecutive days requires processing a personnel action (SF-52) by the servicing Human Resources Office. Extended periods of LWOP should only be granted when it is for the benefit of the agency and for the welfare of the employee. Supervisors should ensure the employee is aware of the effect of LWOP on Federal benefits and programs. Employees should contact their servicing Human Resources Office for assistance.

Effect of LWOP on the Accrual of Annual and Sick Leave

The accumulation of non-pay status hours during a leave year can affect the accrual of annual leave and sick leave. Employees who reach a multiple of 80 hours of non-pay status (LWOP, AWOL, or suspension) in a pay period do not accrue leave in that pay period regardless of their leave earning category.

Example: When a full-time employee with an 80-hour biweekly tour of duty accumulates a total of 80 hours of non-pay status from the beginning of the leave year (either in one pay period, or over the course of several pay periods), the employee will not earn annual and sick leave in the pay period in which that 80-hour accumulation is reached. If the employee again accumulates 80 hours of non-pay status, they will again not earn leave in the pay period in which that new 80-hour total is reached. At the end of the leave year, any accumulation of non-pay status hours of less than 80 hours is zeroed out so that the accumulation for the next leave year starts at zero.

Retroactive Substitutions of Annual Leave for LWOP

LWOP may be retroactively changed to annual leave if due to an administrative error or misunderstanding the employee was not aware that they had an annual leave balance or that annual leave could have been used, or the employee is accepted into the Voluntary Leave Transfer Program (VLTP) and donated leave is available.

Effect of LWOP on Federal Benefits and Programs

The accumulation of non-pay status hours can affect Federal benefits and programs including service computation dates, the timing of within-grade increases, accrual of leave, etc. Refer to OPM’s Factsheet, Effect of Extended Leave Without Pay (LWOP) (or Other Nonpay Status) on Federal Benefits and Programs.

Military Leave

Overview

An employee is entitled to time off at full pay for certain types of active or inactive duty in the National Guard or as a Reserve of the Armed Forces.

References

  • Title 5 U.S.C. 6323 - Military Leave; Reserves and National Guardsmen
  • Title 5 U.S.C. 5519 - Crediting amounts received for certain Reserve or National Guard service
  • Title 10 U.S.C. Subtitle A - General Military Law, Part I – Organizations and General Military Powers, Chapter 1 – Definitions
  • Title 38 U.S.C. 4316 – Rights, benefits, and obligations of persons absent from employment for service in a uniformed service
  • Title 10 U.S.C. 12503 - Ready Reserve, funeral honors duty
  • Title 32 U.S.C. 115 - Funeral honors duty performed as a Federal function
  • Title 5 U.S.C. Chapter 83 – Retirement

Eligibility

Any full-time Federal civilian employee whose appointment is not limited to 1 year or less is entitled to time off with full pay while on military leave. Military leave under 5 U.S.C. 6323(a) is prorated for part-time career employees and employees on an uncommon tour of duty. Employees with temporary appointments not to exceed 1 year or with intermittent work schedules are not entitled to military leave.

Types of Military Leave

There are four types of military leave:

  1. Active Duty, Active-Duty Training, and Inactive Duty Training

    Title 5 U.S.C. 6323(a) provides 15 days (up to 120 hours) per fiscal year for active duty, active-duty training, and inactive duty training. An employee can carry over a maximum of 15 days into the next fiscal year.

    Inactive Duty Training is authorized training performed by members of a Reserve component not on active duty and performed in connection with the prescribed activities of the Reserve component. It consists of regularly scheduled unit training periods, additional training periods, and equivalent training. For further information, see Department of Defense Instruction Number 1215.6, March 14, 1997.

    Inactive Duty Training (Drills). Often referred to as “normal military leave”. Inactive duty training means authorized training performed by members of a Reserve component not on active duty and performed in connection with the prescribed activities of the Reserve component.

    For inactive duty training, which is generally 2, 4, or 6 hours in length, employees will be charged only the number of hours necessary to cover the period of training and necessary travel. Hours that are not chargeable to military leave must be worked or leave taken. An employee must provide a copy of their orders to the supervisor before training begins.

    Weekend Drills. Civilian employees whose regular workweek includes Saturday and Sunday may take military leave to attend weekend drills.

    Effect of Military Leave on Civilian Pay. An employee's civilian pay remains the same for periods of military leave under 5 U.S.C. 6323(a), including any premium pay (except Sunday premium pay) an employee would have received if not on military leave. Employees using military leave under 5 U.S.C. 6323(a) keep both their military and civilian pay.
  2. Emergency Duty

    As ordered by the President, the Secretary of Defense, or a State Governor, 5 U.S.C. 6323(b) provides 22 workdays per calendar year for employees who perform military duties in support of civil authorities in the protection of life and property or who perform full-time military service as a result of a call or order to active duty in support of a contingency operation.

    Military Leave for Mobilized Federal Civilian Employees. Employees performing full-time military service as a result of a call or order to active duty in support of a contingency operation (as defined in 10 U.S.C. 101(a)(13), are entitled to military leave, not to exceed 22 workdays (up to 176 hours) in a calendar year, without loss of, or reduction of pay or leave. Employees may use accrued annual leave or compensatory time prior to using the 22 days of military leave. However, the period of absence must not be charged to sick leave.

    Military Leave for Employees who assist with Law Enforcement. Permanent or temporary indefinite (including all appointments exceeding 1 year) employees who, as Reserve or National Guard members, provide military aid to enforce the law, or assistance to civil authorities in the protection or saving of life or property or the prevention of injury, are also entitled to leave not to exceed 22 workdays in a calendar year. Employees may use accrued annual leave or compensatory time prior to using the 22 days of military leave. However, the period of absence may not be charged to sick leave.

    Reduction of Civilian Pay for Leave. Under the provisions of 5 U.S.C. 5519, an employee’s civilian pay is reduced (offset) by the amount received by the employee for military service as a member of the Reserve or National Guard for the period that the employee is granted military leave under 5 U.S.C. 6323(b). Also see NFC Military Leave Processing Tip.

    The military pay to be offset against the civilian pay does not include travel, transportation or per diem paid by the military. If the military pay exceeds the employee’s basic pay, the employee may retain that portion of military pay that exceeds the civilian pay. If the employee uses annual leave or compensatory time, the offset rules do not apply, and the employee receives full military pay and full civilian pay.
  3. National Guard of the District of Columbia for Certain Types of Duty

    Title 5 U.S.C. 6323(c) provides that employees who are members of the National Guard of the District of Columbia are entitled to unlimited military leave without loss in pay or leave for each day of a parade or encampment ordered or authorized under Title 49, District of Columbia Code. This covers each day of service, or a portion thereof, the National Guard is ordered to perform by the commanding general.

    Reduction of Civilian Pay for Leave. Under the provisions of 5 U.S.C. 5519, an employee’s civilian pay is reduced (offset) by the amount received by the employee for military service as a member of the Reserve or National Guard for the period that the employee is granted military leave under 5 U.S.C. 6323(c). However, an employee may choose not to take military leave and instead take annual leave, compensatory time off for travel, or sick leave, if appropriate, to retain both civilian and military pay.
  4. Reserve and National Guard Technician for Duties Overseas

    Title 5 U.S.C. 6323(d) provides that Reserve and National Guard Technicians only are entitled to 44 workdays of military leave for duties overseas under certain conditions.

    The term "contingency operation" means a military operation that:
    • Is designated by the Secretary of Defense as an operation in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force; or
    • Results in the call or order to, or retention on, active duty of members of the uniformed services under 10 U.S.C. 688, 12301(a), 12302, 12304, 12304a, 12305, or 12406, 10 U.S.C. Chapter 15, section 721 of title 14, United States Code, or any other provision of law during a war or during a national emergency declared by the President or Congress.

Entitlement to Regular Military Leave

At the beginning of each fiscal year (October 1), eligible employees are entitled to a leave of absence without loss of pay for:

  1. Permanent Full-Time Employees. Eligible full-time employees must be credited with:
    • 120 hours (15 workdays) each FY for active duty or active or inactive duty training;
    • 176 hours (22 workdays) per calendar year for emergency duty as ordered by the President, the Secretary of Defense, or a State Governor:
      • Military leave is credited to the employee upon each eligible occurrence. Do not carry the leave at the end of the calendar year over into the next calendar year.
      • Convert the 22 workdays to 176 hours and charge on the same basis as annual and sick leave. An employee working an uncommon tour of duty must have this additional leave entitlement adjusted on a pro rata basis.
    • An unlimited amount of leave for members of the DC National Guard for certain types of duty ordered and authorized under DC Code Title 39; or
    • 352 hours (44 workdays) for Reserve and National Guard Technicians only for duties overseas under certain conditions.
  2. Permanent Part-Time Employees. Eligible part-time employees must be credited with leave on a prorated basis. Calculate military leave entitlement for a permanent part-time employee as follows:
    • Divide the employee’s weekly scheduled workhours by 40.
    • Multiply the result by 120 hours.
    • Round down to the nearest whole hour.
    • Any portion of military leave unused at the end of the fiscal year, not to exceed 120 hours (15 days), must be carried forward to the next fiscal year (not to exceed a maximum balance of 240 hours (30 days)).

      Example: A part-time employee scheduled to work 32 hours each week:
      32 ÷ 40 = 0.8
      0.8 x 120 = 96 hours

Crediting Military Leave to New Employees

Newly eligible employees and new members of Reserve Components must be credited with the full 120 hours (15 days), prorated if employed part-time, when entering upon duty or upon joining the Reserve unit. The 120 hours must not be prorated for a partial year for newly eligible employees or new members of the Reserve unit.

Requesting Military Leave

Employees will use OPM-71 or agency approved time and attendance method to request military leave. A copy of the military orders to report or certification from an officer of the military Reserves or National Guard component will be attached to the request.

The minimum charge is one hour. Military leave may be taken intermittently, a day at a time, or all at one time, regardless of the number of training sessions.

Hours in the regularly scheduled workday that are not chargeable to military leave must be worked or charged to another leave category such as annual leave, LWOP or compensatory time. Leave, including military leave, may not be charged for hours outside any employee’s regularly scheduled workweek or on non-workdays.

Military leave is not charged for weekends and holidays that occur within the period of service. An employee performing military service must be permitted to also use any accrued annual leave, credit, comp, or accrued sick leave (consistent with requirements for using sick leave), during military service. An employee may use annual leave, credit, comp, military leave, or sick leave intermittently with LWOP while on active duty or active/inactive duty training.

  • Example: A full-time employee whose tour of duty is Monday through Friday starts military training on Saturday. The training ends the following Saturday. Neither Saturday is counted as a day of military leave because both are non-workdays occurring at the beginning and end of the military duty period. The employee is charged for 5 days (40 hours) of military leave.
  • Example: A full-time employee whose tour of duty is Monday through Friday begins military duty on Friday. The training ends the following Monday (4 days later). Saturday and Sunday (the non-workdays) fall wholly within the period of absence and may not be counted as days of military leave. The employee is charged a total of 2 days (16 hours) of military leave (Friday through Monday).
  • Example: A part-time employee whose regularly scheduled tour of duty is Monday through Thursday (8am - 3pm) begins a period of military duty on Friday. The training ends the following Monday. Friday, Saturday, and Sunday (the non-workdays) are not counted as days of military leave. The employee is charged with 6 hours of military leave for Monday.

Using Carryover Leave

A maximum of 240 hours (30 days) of military leave may be used in any fiscal year. The military leave may be used during one or more periods of military duty during the fiscal year. Employees may take the full 120 hours (15 days) of military leave immediately at the beginning of a fiscal year, even if up to a maximum of 240 hours (30 days) had been taken during the prior fiscal year, and even if the military duty is continuous.

Required Documentation

To substantiate all types of military leave charges, the employee is required to submit a copy of their military orders directing them to report to active military duty. Upon return to civilian status from military leave, the employee is required to submit a certified verification of attendance. If an employee has separate sets of orders or orders that cover separate periods with return to civilian status between the periods covered in the orders, then the military leave must not be charged for the time the employee is returned to civilian status.

FLSA Nonexempt Employees

FLSA nonexempt employees must not have their pay offset by military pay. Employees must receive the same pay as they would otherwise receive for their regularly scheduled biweekly tour of duty.

Separation from Federal Service and Military Leave

If a member takes military leave and then separates, the date the separation is effective must be the date the military leave expires.

Provisions under the Civil Service Retirement System (CSRS)

An absence from work to perform military duty for purposes of 5 U.S.C. Chapter 83, ordinarily should be processed as a military separation except during a period of war or national emergency when the provisions of 5 U.S.C. Chapter 83 have been explicitly invoked. An employee who enters on military duty will be granted a leave of absence unless the employee has applied for and received a lump sum credit.

Additional Information Regarding Absence during Uniformed Service

The Uniformed Services Employment and Reemployment Rights Act (USERRA) at 38 U.S.C. 4316(b)(1), provides that when an employee is absent from employment due to service in the uniformed services, the employee is deemed to be on furlough or leave of absence. Service includes:

  • Active duty, active duty for training, initial active duty for training, inactive duty training;
  • Full-time National Guard duty;
  • A period in which a person is absent from employment for the purpose of an examination to determine the fitness of the person to perform any such duty; and

A period in which a person is absent from employment for the purpose of performing funeral honors duty as authorized by 10 U.S.C. 12503 or 32 U.S.C. 115.

Regulations at 5 CFR 353.208 implementing the USERRA, provide that an employee performing service with the uniformed services must be permitted, upon request, to use any accrued annual leave, military leave, earned compensatory time off for travel, or accrued sick leave (consistent with the statutory and regulatory criteria for using sick leave), during such service. An employee is entitled to use these types of leave intermittently with LWOP while on active duty or active/inactive duty training.

Also see BAL 06-401, Federal Employees Health Benefits (FEHB) Program: Extended Coverage for Employees Called to Active Military Duty, January 4, 2006.

Nursing Mothers Program

Nursing mothers’ programs are for mothers who want to continue lactation after they return to work.

Agencies must establish a Nursing Mother’s Room to accommodate women wishing to express milk while at work in order to continue a breastfeeding relationship between mother and baby.

For additional information, see the USDA Nursing Mother’s Support Handbook.

Parental Bereavement Leave

Overview

Parental bereavement leave is a new type of leave that provides eligible employees 2 workweeks (up to 80 hours) of paid leave in connection with the death of a qualifying child. The death of an employee’s child triggers the law’s one-time entitlement to 2 workweeks of parental bereavement leave, which must be used within 12 months of the child’s death.

References

  • Title 5 U.S.C. 6329d: Parental bereavement leave
  • Office of Personnel Management (OPM) CPM 2022-8, Parental Bereavement Leave, April 1 2022

Qualifying Child

To be eligible, the employee’s child must be under the age of 18, or 18 and older and incapable of self-care because of a mental or physical disability.

Eligible employees receive 2 workweeks of parental bereavement leave in connection with the death of their qualifying son or daughter. To be eligible for parental bereavement leave, the term “son or daughter” has the meaning given that term in the Family and Medical Leave Act (FMLA) law at 5 U.S.C. 6381(6), as further described in OPM regulations in 5 CFR 630.1202. Son or daughter means a biological, adopted, or foster child; a stepchild; a legal ward; or a child of a person standing in loco parentis who is:

  • Under 18 years of age; or
  • 18 years of age or older and incapable of self-care because of a mental or physical disability. A son or daughter incapable of self-care requires active assistance or supervision to provide daily self-care in three or more of the “activities of daily living” (ADLs) or “instrumental activities of daily living” (IADLs). Activities of daily living include adaptive activities such as caring appropriately for one’s grooming and hygiene, bathing, dressing, and eating. Instrumental activities of daily living include cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using the telephones and directories, using a post office, etc. A “physical or mental disability” refers to a physical or mental impairment that substantially limits one or more of the major life activities of an individual as defined in 29 CFR 1630.2 (h), (i) and (j).

The term “adopted child” must be interpreted consistent with the definition of “adoption” in 5 CFR 630.1202, except that it includes a child who has been placed with an employee for the purpose of adoption pending finalization of the adoption process. The term “foster child” must be interpreted consistent with the definition of “foster care” in 5 CFR 630.1202. The term “in loco parentis” has the meaning given that term in 5 CFR 630.1202.

Eligibility

To be eligible, individuals must meet the definition of “employee” in the title 5 FMLA provision in 5 U.S.C. 6381 at the time of the child’s death. The employee must:

  • Be covered under the title 5 annual and sick leave program;
  • Serve under a permanent or term appointment (i.e., employees serving under a temporary appointment of 1 year or less are not eligible);
  • Have an established part-time or full-time work schedule (i.e., intermittent employees are not eligible), and;
  • Have completed at least 12 months of service as an employee (as defined in 5 U.S.C. 2105).

Temporary Employees

Employees serving under a temporary not-to-exceed 1 year appointment are not eligible for parental bereavement leave.

Relationship to Other Leave

Parental bereavement leave is a new, stand-alone type of paid leave entitlement that is administered independently from any other type of leave, including sick leave.

An employee is entitled to use sick leave for family care and bereavement purposes to make arrangements necessitated by the death of the employee’s child or to attend the child’s funeral. Parental bereavement leave is used for the broader purpose of bereavement and does not affect the accrual or balances of your other paid leave or paid time off.

Not Part of FMLA

Even though it links to certain statutory terms in the Family and Medical Leave Act (FMLA), parental bereavement leave is not authorized under the FMLA. Parental bereavement leave and FMLA are separate and distinct. Also, parental bereavement leave may not be substituted for unpaid FMLA leave.

Agencies should accommodate employee requests to use FMLA leave, sick leave, and parental bereavement leave, as appropriate (e.g., in the event that a child dies during the post-birth recovery period for an employee who gave birth to the child, the employee may be able to use FMLA leave, sick leave, or bereavement leave during certain periods of time).

Leave Entitlement

Parental bereavement leave is a one-time entitlement and eligible employees receive a total of 2 workweeks or parental bereavement leave because of the death of a qualifying son or daughter of the employee.

  • A full-time employee receives 80 hours.
  • A part-time employee receives the number of hours over a biweekly pay period based on their scheduled tour of duty established for leave charging purposes (e.g., if a part-time employee’s scheduled tour of duty was 32 hours in a biweekly pay period, the leave entitlement would be 32 hours).
  • A full-time employee with an uncommon tour of duty, the hours equivalent of 2 workweeks is equal to the number of hours in the employee’s biweekly scheduled tour of duty (e.g., is the employee’s uncommon tour consists of six 24-hour shifts (144 hours) per biweekly pay period, the leave entitlement would be 144 hours).

An employee is not entitled to bereavement leave if the employee is found by proper authority to have deliberately caused the death of the child whose death gave rise to the potential entitlement. Any bereavement leave that was provided to the employee prior to the finding of culpability must be retroactively canceled.

The 12-Month Period

The 12-month period begins on the date of the death of the employee’s child and continues for 12 months. After that 12-month period expires, another 12-month period will not begin unless there is another later use of parental bereavement leave based on another child’s death. If an employee endures the death of a second child during that 12-month period, they effectively have two overlapping periods where they are eligible for parental bereavement leave, but any time off taken during the overlap will count against the 2-week limit for both periods.

Seasonal Employees

Employees must use parental bereavement leave during their scheduled hours within their tour of duty established for leave-charging purposes when they would otherwise be working or using other paid leave. Seasonal employees are not eligible during the off-season when they are placed in nonduty/non-pay status. (See 5 CFR 340.401-402)

  • A seasonal employee may not use bereavement leave during off-season periods.
  • An employee may not use bereavement leave during furlough periods.
  • An employee may not use bereavement leave during a period of suspension.
  • An employee who is on leave without pay for service in the uniformed services (“Absent-US”) may not use bereavement leave during periods of service in the uniformed services. (Only the types of civilian leave specified in 5 CFR 353.208 may be used during service in the uniformed services.)
  • An employee may not use bereavement leave during a period of separation from Federal service (i.e., the employee must be currently employed).

Coding the Timesheet

Employees must use the appropriate coding in the time and attendance system: 66-Parental Bereavement Leave (WebTA), and TC-66 + DC-40 (Paycheck8).

Documentation

Supervisors may require the employee provide a written self-certification or death certificate to verify that the requested parental bereavement leave is being used for bereavement purposes. In any case where the need for leave is foreseeable (e.g., if taking the leave intermittently), the employee must provide advance notice, as practicable. For example, if the employee requests to work partial days and use parental bereavement leave from 7am-11am and use sick leave from 11:30am-3:30pm, they would need to provide reasonable advance notice.

Night Pay

Employees who are regularly scheduled to work during the night period receive night pay for the parental bereavement leave hours claimed at night. If working at night is not part of the employee’s scheduled tour of duty, then they do not receive night pay.

Sunday Pay

Employees do not receive Sunday pay when they use parental bereavement leave. Sunday pay is not included in payment of any type of paid leave. (See Public Law 105-277)

Intermittent Use

Employees who request to use parental bereavement leave intermittently, with supervisory approval, may schedule the leave in such a way that they work partial workdays or schedule other types of paid leave or other paid time off on the same workday (e.g., sick leave for some hours and bereavement leave for other hours).

Transfer

If an employee has an unused balance of parental bereavement leave and transfers between eligible positions, their unused balance also transfers with the employee if they are within the 12-month eligibility period.

Employees will not receive an additional 2 workweeks if they transfer to a different agency.

Employees receive a total of 2 workweeks in connection with the death of a qualifying child.

The gaining agency must determine whether a newly hired or transferred employee is within a 12-month period based on the date of death of the employee’s child, and, if so, how many hours of bereavement leave the employee has already used. When an agency prepares a Standard Form 1150, Record of Leave Data, for a transferring employee who is in the middle of a bereavement leave 12-month period, it should record in the Remarks section (block 24) the beginning date of the 12-month period and the aggregate amount of bereavement leave used by the employee (as of the time of transfer).

Lump Sum Payment

A cash payment may not be made for unused parental bereavement leave at any time (including transfer to another agency or separation from Federal service). If an employee separates, then the unused amount of leave is lost unless they return to an eligible Federal position within the 12-month eligibility period.

Sick Leave

Overview

Sick leave is an entitlement and may be used only for those circumstances specified in law and regulation. An employee may use sick leave for:

  1. Personal Medical Needs
  2. General Family Care or Bereavement Purposes
  3. Care of a Family Member with a Serious Health Condition
  4. Exposure to a Communicable Disease
  5. Adoption and Foster Care Purposes

References

1. PERSONAL MEDICAL NEEDS

An employee may use sick leave when they receive medical, dental, or optical examination or treatment; or if they are incapacitated for the performance of duties by physical or mental illness, injury, pregnancy, or childbirth.

Annual Usage Limits for Personal Medical Needs

There is no limit to how much sick leave an employee can use for their own personal medical needs.

  • For example, throughout the year an employee uses 120 hours of sick leave for medical appointments; 320 hours of sick leave when hospitalized; and 540 hours of sick leave because they are too ill to work.

2. GENERAL FAMILY CARE OR BEREAVEMENT PURPOSES

Refer to the following table for the purpose and amount of sick leave that may be used each leave year and individuals for whom sick leave may be taken:

Purpose and Amount of Sick Leave that May be Used Individuals for Whom Sick Leave May be Taken

Up to 13 days (104 hours) to (see 5 CFR 630.401):

  1. Provide care for a family member who is incapacitated as a result of physical or mental illness, injury, pregnancy, or childbirth;
  2. Attend to a family member receiving medical, dental, or optical examination or treatment; or
  3. Make arrangements necessitated by the death of a family member or attend the funeral of a family member.

May be taken for a family member. Family member means the following relatives of the employee (see 5 CFR 630.201):

  1. Spouse, and their parents;
  2. Sons and daughters, and their spouses;
  3. Parents, and their spouses;
  4. Brothers and sisters, and their spouses;
  5. Grandparents and grandchildren, and their spouses;
  6. Domestic partner and their parents, including domestic partners of any individual in paragraphs 2 through 5 of this definition; and
  7. Any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.

Annual Usage Limits for General Family Care

An employee may use up to 104 hours (13 days) each leave year for general family care or bereavement purposes (prorated for part-time employees - take number of hours worked per day x 13 days).

Supervisors must ensure employees use the appropriate timesheet coding in the Time and Attendance system to ensure the annual limitations placed on sick leave are not exceeded.

  • For example, an employee uses 80 hours of sick leave to take their child to medical check-ups and dental appointments and use 24 hours to attend a funeral (80 + 24 = 104). The employee requests another 8 hours of sick leave for their child’s dentist appointment but they have already reached their annual limit so they cannot use sick leave. The employee may use annual leave, credit, comp, or leave without pay (LWOP) but they cannot be granted sick leave.

3. CARE FOR A FAMILY MEMBER WITH A SERIOUS HEALTH CONDITION

Refer to the following table for the amount of sick leave that may be used each leave year to care for a family member with a serious health condition:

Purpose and Amount of Sick Leave that May be Used Individuals for Whom Sick Leave May be Taken

Up to 12 weeks (480 hours) to care for a family member with a serious health condition. (See 5 CFR 630.401)

A serious health condition has the same meaning used under the FMLA (see 5 CFR 630.1202). This includes conditions such as cancer, heart attacks, strokes, severe injuries, Alzheimer disease, pregnancy, childbirth, and includes chronic conditions, such as asthma, diabetes, and conditions requiring multiple treatments, such as chemotherapy or kidney dialysis.

May be taken for a family member. Family member means the following relatives of the employee:

  1. Spouse, and their parents;
  2. Sons and daughters, and their spouses;
  3. Parents, and their spouses;
  4. Brothers and sisters, and their spouses;
  5. Grandparents and grandchildren, and their spouses;
  6. Domestic partner and their parents, including domestic partners of any individual in paragraphs 2 through 5 of this definition; and
  7. Any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.

Annual Usage Limits for Family Member with a Serious Health Condition

An employee may use up to 480 hours (12 weeks) each leave year to care for a family member with a serious health condition (prorated for part-time employees). If the employee already used any of the 104 hours for General Family Care or Bereavement Purposes, that amount is subtracted from their 12-week total.

Supervisors must ensure employees use the appropriate timesheet coding in the Time and Attendance system to ensure the annual limitations placed on sick leave are not exceeded.

A Federal employee may not use more than 480 hours of sick leave per year for all family care purposes. (See 5 CFR 630.401)

  • For example, an employee has already used 80 hours of sick leave for general family care and 400 hours to care for their spouse who has a serious health condition (80 + 400 = 480). The employee requests another 8 hours of sick leave for their spouse’s doctor’s appointment, but they have reached their annual limit, so they may no longer use sick leave for family care purposes. The employee may use annual leave, credit, comp, or LWOP but may not be granted sick leave.

An employee may use up to 12 weeks of accrued sick leave for care of a family member with a serious health condition and then also invoke entitlement to 12 weeks of unpaid absence under the Family and Medical Leave Act (FMLA) to care for a spouse, son or daughter, or parent with a serious health condition.

4. EXPOSURE TO A COMMUNICABLE DISEASE

An employee may use sick leave if health authorities having jurisdiction or a healthcare provider determine that their presence on the job would jeopardize the health of others because the employee was exposed to a communicable disease and may also use sick leave to care for a family member who has been similarly exposed.

  • For example, an employee’s spouse was quarantined by a healthcare provider because they were exposed to COVID-19. The employee may use sick leave to care for their spouse. If an employee or their family member was not exposed then they may not use sick leave.

5. ADOPTION AND FOSTER CARE PURPOSES

An employee may use sick leave if they must be absent from duty for adoption-related purposes such as appointments with adoption agencies, social workers, attorneys and court proceedings, required travel, the time required by the adoption agency or ordered by the court to care for the child, and any other activities necessary to proceed with the adoption. Employees may also use annual leave, credit, comp, leave without pay (LWOP), and invoke FMLA, if applicable. Sick leave may not be used to bond with or care for a healthy adopted child. For additional information, see OPM’s Leave and Work Scheduling Flexibilities Available for Childbirth, Adoption, and Foster Care.

An employee who is fostering a child is not entitled to use sick leave for adoption-related purposes unless the employee is adopting the foster child.

An employee who is accompanying a family member to activities related to the placement of a child for adoption is not entitled to use sick leave for adoption.

  • For example, an employee’s domestic partner is adopting a child. The employee is not adopting the child so they may not use sick leave for adoption-related purposes to accompany the domestic partner to appointments with adoption agencies, social workers, and attorneys, even if the employee will help raise the child, because the entitlement to sick leave for adoption is limited to purposes related to the employee's adoption of a child.

Annual Usage Limits for Adoption

There is no limit to the amount of sick leave that may be used for adoption-related purposes.

  • For example, an employee adopts a child from Russia and uses 640 hours of sick leave to travel to and from Russia, and the time spent there for necessary adoption activities. They return home, invoke FMLA, and use 12 weeks of paid parental leave to bond with their new child.

PREGNANCY AND CHILDBIRTH

Employees will need time off for pregnancy-related issues and recovery from childbirth. Any period of incapacitation due to pregnancy or childbirth is considered a serious health condition where using sick leave is appropriate.

Employees may not use sick leave to be absent from work to bond with or care for a healthy child. There is no provision in law or regulation that permits the use of sick leave to care for a healthy newborn, bond with a healthy child, or for other childcare responsibilities. For additional information, see OPM’s Leave and Work Scheduling Flexibilities Available for Childbirth, Adoption, and Foster Care.

Pregnancy

Employees may use sick leave for medical needs such as prenatal care, morning sickness, prescribed bed rest, doctor appointments, etc., and to care for their pregnant family member. Employees may also use annual leave, credit, comp, LWOP, invoke FMLA, and apply to the Voluntary Leave Transfer Program (VLTP), if applicable.

Childbirth and Recovery

Employees may use sick leave for delivery, recuperation, and to care for a family member during the recovery period of incapacitation. A supervisor may request medical certification showing how long the employee or employee’s family member’s recovery lasted. Most healthcare providers certify the recovery period is about 6 to 8 weeks.

Once the period of incapacitation is over, the employee may no longer use sick leave.

Annual Usage Limitations for Childbirth and Recovery

There is no limit to how much sick leave an employee may use for their own medical needs while pregnant or the period of incapacitation for delivery and recuperation. Eligible employees may also invoke FMLA and substitute up to 12 weeks of unpaid FMLA with paid parental leave.

An employee may use up to 480 hours (12 weeks) to care for a family member with a serious health condition.

  • For example, an employee wants to use 8 weeks of sick leave to care for their daughter for her period of incapacitation for delivery and recuperation. The employee already used 80 hours (2 weeks) of sick leave this leave year for general family care and used 400 hours (10 weeks) to care for a family member with a serious health condition.

    Since the employee already used the maximum 480 hours (12 weeks) sick leave limit for all family care purposes they are not eligible to use sick leave to care for their daughter. The employee may use annual leave, credit, comp, or LWOP.
  • For example, an employee requests 11 weeks of sick leave to care for their pregnant wife who has been hospitalized because of a high-risk pregnancy.

    The employee already used 40 hours (1 week) of sick leave this year for general family care. The employee is still within the annual limit and may use the remaining 440 hours (11 weeks) of sick leave to care for their pregnant wife while hospitalized (1 week used + 11 weeks requested = 12-week limit).

    If more time is needed, the employee may request annual, credit, comp, LWOP, or invoke FMLA. The employee may not be granted sick leave because they have reached the annual limit.

Paid Parental Leave

Eligible employees receive up to 12 weeks of paid parental leave in connection with the birth, adoption, or foster care placement of a child for employees covered by Title II FMLA provisions (the employee invokes FMLA and replaces the 12 weeks of unpaid FMLA with paid parental leave). (See FMLA section)

  • For example, an employee uses 240 hours of sick leave to care for his spouse during her pregnancy. The child is born, the employee invokes FMLA and uses 12 weeks of paid parental leave to bond with his new child. After the 12-week FMLA entitlement, the employee requests an additional 2 weeks of sick leave to bond with their healthy child. Sick leave may not be used to bond with or care for a healthy child. The employee may request annual leave, credit, comp, or LWOP.

SICK LEAVE ACCRUAL RATES

Permanent, temporary, and term employees begin to accrue sick leave during the first pay period of their appointment and there is no limit on the amount of sick leave that can be accumulated or carried forward from one year to another.

Appointment Leave Accrual
Full-Time 4 hours each pay period
Part-Time 1 hour for each 20 hours in a pay status
Intermittent Do not earn leave

Full-time employees do not accrue sick leave when:

  1. An 80-hour increment of unpaid leave is reached in the current pay period.
  2. A new employee is unable to complete an 80-hour pay period because of their entry-on-duty (EOD) falling in the middle of the pay period.
  3. An employee retires or resigns in the middle of the pay period and does not complete their biweekly requirement of 80 hours.

Part-time carryover hours or unapplied hours are those pay status hours remaining after computing the sick leave accrual for the current pay period. These unapplied hours are automatically carried forward, added, and used in calculating accruals for the next pay period. An employee who converts from a part-time to a full- time position in the middle of the pay period forfeits any part-time carryover or unapplied hours to their credit. When calculating accruals for a part-time employee, disregard any pay status hours exceeding 80 for the pay period.

For employee under an uncommon tour of duty, the biweekly accrual rate is equal to (4 hours) multiplied by (the average number of hours per biweekly pay period) divided by 80.

Intermittent employees do not earn leave because they work on an as needed basis and have no regular established tour of duty.

Accruing Sick Leave for Fractional Pay Periods

An employee earns sick leave on a pro-rata basis if, during continuous employment, the employee's leave earning status is interrupted for a fraction of a pay period by any one of the following circumstances, when the employee:

  1. Transfers to a position having different pay periods.
  2. Is on LWOP for part of the pay period while receiving disability compensation from the Office of Workers Compensation Program (OWCP).
  3. Is restored after service in the military or with a public international organization.
  4. Is restored to full-time after a period of intermittent service, or vice versa.

Effect of Non-Pay Status on Accrual

When a full-time employee's absence in non-pay status (e.g., LWOP, AWOL, or suspension) reaches 80 hours, or a multiple of 80 hours during the leave year, the employee does not earn leave in that pay period. This continues each instance the employee reaches 80 hours throughout the leave year. The hours of non-pay status are dropped at the end of the leave year for accrual purposes. LWOP while in receipt of OWCP benefits is not counted for reduction of leave accrual.

REQUESTING SICK LEAVE

Employees must request sick leave in advance, in writing on form OPM-71, Request for Leave or Approved Absence, or other agency approved time and attendance method to request sick leave, for reasonably foreseeable absences such as their own, or a family member’s medical, dental, or optical examination. If an employee is absent because of an unexpected illness or injury, the employee (or someone acting on their behalf) must notify their supervisor as soon as they can that day, or if they are unable to for a valid reason, as soon as possible.

Supporting Evidence

Sick leave may only be granted when supported by administratively acceptable evidence, which may be the employee’s certification on a properly coded timesheet, or in certain circumstances, medical certification signed by their healthcare provider.

Medical Certification

Supervisors have the right to request medical certification or other administratively acceptable evidence when the employee requests more than 3 consecutive workdays of sick leave; or less than 3 workdays only when there is a valid reason (e.g., if under sick leave restriction or suspicion of leave abuse).

If the supervisor asks for written medical certification signed by a healthcare provider or administratively acceptable evidence, the employee must provide it within 15 days of the request. The deadline may be extended an additional 15 days (30 calendar days total) if the 15-day deadline can’t be met, despite the employee’s diligent, good-faith efforts. (See 5 CFR 630.405)

If the employee does not provide the required evidence within 30 days, then they are not entitled to sick leave and may be charged Absent Without Leave (AWOL). Supervisors must contact their servicing Human Resources Office or Employee Relations/Labor Relations office before charging AWOL.

Supporting Evidence Chart

The following table provides the documentation that is required based on the length of absence:

Length of Absence Required Documentation
3 days or less

A supervisor may require:

  1. Form OPM-71;
  2. A written email request;
  3. An employee’s self-certification (the employee’s signature on a properly coded timesheet); or
  4. Medical certificates or other administratively acceptable evidence (only when there is a valid reason to request a medical certificate).

Employees should consult their agency-specific policies and bargaining unit employees must follow their Collective Bargaining Agreement. (See 5 CFR 630.404)
More than 3 consecutive workdays

A supervisor may require:

  1. Form OPM-71;
  2. A written email request;
  3. An employee’s self-certification (the employee’s signature on a properly coded timesheet); or
  4. Medical certificates or other administratively acceptable evidence.

When taking sick leave for a family member

If sick leave is being taken to care for a family member with a serious health condition, supervisors may require a written statement from a healthcare provider certifying that:

  1. The family member requires psychological comfort and/or physical care;
  2. The family member would benefit from the employee’s care or presence; and
  3. The employee is needed to care for the family member for a specified period of time.

CHARGING SICK LEAVE

The minimum charge for sick leave is 15 minutes or multiples thereof.

The maximum amount of sick leave that may be charged for a day is the number of hours the employee was scheduled to work, as indicated on their tour of duty designation. An employee may not apply more sick leave to a given day than they are regularly scheduled to work on that day.

SUBSTITUTING SICK LEAVE FOR ANNUAL LEAVE

If an employee is on approved annual leave and becomes ill (or a situation that clearly justifies granting sick leave instead of annual leave), the employee may request to substitute sick leave for annual leave.

ADVANCING SICK LEAVE

Advanced sick leave may be granted for the same reasons regular sick leave is granted and may be used only for those circumstances specified in law and regulation (see 5 U.S.C. 6307). Sick leave may be advanced for pregnancy, childbirth, adoption, foster care placement, and for other sick leave in accordance with sick leave laws and regulations. Advanced sick leave is not an entitlement and may only be authorized at the discretion of a delegated official.

Sick leave may not be advanced when it is known (or reasonably expected) that the employee will not return to duty (e.g., if the employee has applied for disability retirement, the employee has received a notice of separation or furlough, or the employee has submitted a resignation). (See B-41468, May 2, 1944, 23 COMP. GEN. 837 and B-58008, June 14, 1946, 25 COMP. GEN. 874)

Maximum Amount of Advanced Sick Leave

Up to 104 hours (13 days) of sick leave may be advanced to a full-time employee for general family care or bereavement purposes. Up to 240 hours (30 days) of sick leave may be advanced to a full-time employee for a serious health condition or to care for a family member with a serious health condition. For a part-time employee these amounts must be prorated according to the number of hours in the employee's regularly scheduled administrative workweek. An employee on a time-limited appointment may be advanced sick leave only in the amount that the employee can earn during the remaining period of employment.

A full-time employee may not have more than 240 hours (30 days) of advanced sick leave on the books at any one time (see 5 CFR 630.402). However, a Federal employee may not use more than 480 hours of sick leave per year for all family care purposes.

  • For example, a full-time employee may be advanced up to 104 hours of advanced sick leave to care for their child who was exposed to a communicable disease that may jeopardize the health of others. If their child contracts the communicable disease and the employee requires more paid time off, the employee may be advanced up to 240 hours total, if they have not exceeded the statutory limit of 480 hours of sick leave for all family care purposes.

Supporting Evidence for Advanced Leave

A request for advanced sick leave is essentially a request for sick leave; therefore, the medical documentation requirements for granting of sick leave apply. Employees must consult their agency specific human resources guidance and applicable policies.

Debt to the Government

When an employee accepts advanced sick leave, they incur a debt to the Government; therefore, advanced sick leave is usually recovered by earned sick leave. The agency may also allow an employee to refund advanced sick leave in cash (at the pay rate in effect at the time the employee used the advanced sick leave).

  1. Participation in VLTP. An employee who is a participant in the agency’s VLTP or VLBP may liquidate advanced sick leave by substituting donated annual leave for sick leave that was advanced on or after the date of the medical emergency.
  2. Employee Separation. Employees who are indebted for advanced sick leave and separate from Federal service are required to refund the amount of advanced sick leave or it will be deducted from any pay due the employee upon separation. However, if the employee dies, retires for disability, or is separated or resigns because of disability, no repayment is required.
  3. Employee Transfer. Employees who are indebted for advanced sick leave and transfer to another Federal agency without a break in service are required to refund the amount of advanced sick leave, so the employee can transfer with a zero balance. The losing agency is responsible for collecting the debt.
  4. Military Duty. An employee who enters active military service with a right of restoration is not considered separated for refund purposes and advanced sick leave should be liquidated either after the employee returns to duty or is separated from Federal service.

SPECIAL LEAVE PROCEDURES

When an employee appears to be using sick leave improperly, the employee may be required to comply with special leave procedures more stringent than those applied to other employees (e.g., the employee may be required to call the leave approving official daily while on sick leave or provide evidence to substantiate brief periods of illness). An employee who is being placed on special leave procedures must be notified in writing, in advance, of the procedures and their duration, and the possible results of noncompliance. A supervisor considering leave restriction must consult their servicing Human Resources Office or Employee Relations/Labor Relations office before taking such action.

SICK LEAVE WHILE ON OFFICIAL TRAVEL

Subject to supervisory approval, employees may use sick leave while traveling on official Departmental business. Per diem will be allowed, not to exceed the maximum rate for the location, for a reasonable period, normally not to exceed 14 calendar days (including fractional days) for any one period of absence.

TRANSFER

Full-time employees transferring without a break in service to another Federal position will keep their current sick leave balance and continue to accrue sick leave. The employee’s sick leave account must be certified by the losing agency for use at the new agency.

USING SICK LEAVE FOR ANNUITY COMPUTATION

Unused sick leave will be used in the calculation of an employees or survivor’s annuity based on retirement with an immediate annuity or on a death in service. Credit toward the annuity computation will be based on the full sick leave balance at retirement or death.

RETURN AFTER A BREAK IN SERVICE

An employee who has a break in service and returns to work for the Federal Government is entitled to the recredit of their sick leave, regardless of the length of the break in service.

An employee who transfers from the Federal government to the DC government is not entitled to a transfer of sick leave. The sick leave is held in abeyance until or if the employee returns to the Federal government.

Sick leave may not be re-credited if the employee was reemployed by the Federal Government before December 2, 1994, after a break in service of more than three years, and the employee's sick leave was forfeited under the former regulation in effect at the time.

Voluntary Leave Bank Program

Overview

Agencies may establish a Voluntary Leave Bank Program (VLBP) where an employee may contribute unused accrued annual leave for use by a leave bank member who is experiencing a personal or family medical emergency and has exhausted their available paid leave.

  • Any unused donated annual leave is returned to the leave bank.
  • An employee may participate concurrently in the VLBP and the Voluntary Leave Transfer Program (VLTP).

References

Leave Bank Board

Participating agencies must establish a leave bank board that operates the leave bank and determines how much donated annual leave an employee may receive from the leave bank. Each board consists of three members, at least one of which must represent a labor organization or employee group (if applicable). Each leave bank board is responsible for:

  1. Establishing its internal decision-making procedures.
  2. Reviewing and approving or disapproving each application to become a leave contributor and a leave recipient.
  3. Monitoring the status of each leave recipient's medical emergency.
  4. Monitoring the amount of leave in the leave bank and the number of applications to become a leave recipient.
  5. Maintaining an adequate amount of annual leave in the leave bank.
  6. Establishing at least one open enrollment period that lasts at least 30 calendar days and inform employees of each open enrollment period.

The leave bank board must determine that the potential leave recipient's absence from duty without available paid leave because of the medical emergency is (or is expected to be) at least 24 work hours, which may be consecutive or intermittent. For a part-time employee or an employee on an uncommon tour of duty, the period of absence without paid leave is prorated. This period of unpaid absence qualifies as a substantial loss of income for purposes of the medical emergency determination.

The leave bank board must provide timely written notification to an applicant as to whether their application has been approved. If the leave bank board disapproves an application, the notification must include the reasons for disapproval. An employee may receive donated annual leave when they become an approved leave recipient.

Leave Bank Membership

To become and remain a leave bank member, an employee must make an application and contribute a minimum amount of annual leave to the leave bank each leave year.

  1. The application must specify the number of hours of annual leave to be contributed to the leave bank.
  2. The employee makes this donation to establish leave bank membership during annual open enrollment periods or within 30 days of the employee's appointment to the agency or return from extended absence.
  3. A leave bank member may contribute additional annual leave at any time and may also request that annual leave be donated to a specific leave bank member (other than their immediate supervisor).
  4. An employee who is not a leave bank member may apply to contribute leave at any time.
  5. A leave bank member who transfers from a different agency or to a different leave bank is subject to the policies and procedures of the new leave bank, including its minimum contribution requirements.

Minimum Contribution

The minimum contribution required to become a leave bank member cannot be less than the amount of annual leave they normally accrue in a pay period (i.e., four, six, or eight hours). In any leave year, an employee may donate not more than one-half of the amount of annual leave they would accrue during the leave year (see VLTP section). The leave board may:

  1. Decrease the minimum contribution required by this section for the following leave year when the leave bank board determines that there is a surplus of leave in the bank;
  2. Increase the minimum contribution required by this section for the following leave year when the leave bank board determines that such action is necessary to maintain an adequate balance of annual leave in the leave bank; or
  3. Eliminate the requirement for a minimum contribution if a leave bank member transfers within USDA to another USDA agency covered by a different leave bank.

These limitations apply to a combined total amount of annual leave donated by an employee under the VLTP and an agency VLBP. Each agency must establish written criteria for waiving the limitations on donating annual leave.

Note: The leave transfer programs do not allow for the donation of sick leave, compensatory time, or credit hours.

Use of Donated Leave

To receive donated annual leave, a leave bank member who is affected by a personal or family medical emergency must make written application to the leave bank board. If the member is not capable of making written application, a personal representative may make the application on behalf of the employee. At minimum, each application should include:

  1. The name, position title, and grade or pay level of the leave bank member.
  2. The reasons transferred leave is needed, including a brief description of the nature, severity, and anticipated duration of the medical emergency, and if it is a recurring one, the approximate frequency of the medical emergency affecting the leave bank member.
  3. If required by the leave bank board, certification regarding the medical emergency from one or more physicians or other appropriate experts. (The agency must pay the expenses associated with obtaining agency-required certification from more than one source.)
  4. Any additional information required by the leave bank board.

When an employee requests leave under the VLBP based on a family emergency, the agency may require the employee to document their relationship to a family member. Agencies should establish consistent rules and follow the same documentation requirements for all relationships, but agencies still have authority to request additional information in cases of suspected leave abuse.

Donated leave may be used only for the purpose of the approved medical emergency. The employee must use their own available paid leave (but not leave accruing in the set-aside accounts) before using donated leave. The leave recipient may use donated leave to retroactively substitute for a period of LWOP or to liquidate advanced annual or sick leave that began on or after the date fixed by the leave bank board as the beginning of the medical emergency.

40-Hour Set-Aside Accounts

While using donated leave, a leave recipient may accrue no more than 40 hours of annual leave and 40 hours of sick leave in set-aside accounts. The leave in the set-aside accounts will be transferred to the employee's regular leave accounts when the medical emergency ends or if the employee exhausts all donated leave. Leave in set-aside accounts is not available for use by the employee until transferred to the employee's regular leave accounts unless there is no donated leave available (see VLTP section).

An employee who returns to work part-time and who uses donated leave part-time accrues leave in their regular annual and sick leave accounts for the time spent in work status and in their set-aside annual and sick leave accounts for the time spent in shared leave status (when using donated leave). (See VLTP section)

Termination of the Medical Emergency

The medical emergency terminates:

  1. When the leave recipient's Federal service is terminated;
  2. When the leave recipient leaves the agency or participating organization, unless determined otherwise by the bank board;
  3. At the end of the biweekly pay period in which the leave recipient provides written notice that the medical emergency is over;
  4. At the end of the biweekly pay period in which the leave bank board determines, after written notice to the leave recipient and opportunity for response, that the medical emergency is over; or
  5. At the end of the biweekly pay period in which the agency receives notice that the leave recipient has been approved for disability retirement.

The leave bank board must monitor the status of the medical emergency to ensure that it continues to affect the leave recipient and terminate the leave transfer program if the recipient is no longer affected by the medical emergency. Even though an employee may not be affected currently by a medical emergency, the leave bank board may deem a medical emergency to continue for the purpose of providing a leave recipient time to receive adequate donations of leave (e.g., to compensate for a previous period of LWOP or to liquidate an indebtedness for advanced leave).

Any unused annual leave withdrawn from the leave bank and not used before the termination of a leave recipient's medical emergency must be returned to the leave bank.

Voluntary Leave Transfer Program

Overview

Under the Voluntary Leave Transfer Program (VLTP), a covered employee may donate annual leave directly to another employee who has a personal or family medical emergency and who has exhausted their own available paid leave. Agencies must administer a VLTP.

References

Eligibility

To be eligible to participate in the VLTP, there must be a medical emergency that affects an employee or an employee’s family member, the emergency is likely to require the employee’s absence from duty for a prolonged period of time, the absence will result in a substantial loss of income to the employee because of the lack of paid leave, and the employee has exhausted all available paid leave.

  • Available Paid Leave: Means accrued or accumulated, recredited, and restored annual or sick leave. It does not include other forms of paid time off (i.e., credit hours, compensatory time off, and religious compensatory time off), advanced annual or sick leave, or any annual or sick leave accrued under the special 40-hour set aside accounts.

    An employee may apply and be approved to be a leave recipient prior to exhausting all available leave if the employee anticipates facing a loss of pay of at least 24 hours due to a medical emergency and it can be reasonably determined from supporting documentation that the employee’s leave balances will not cover the entire period of absence. However, an employee must exhaust all their own available annual and sick leave before they may use donated leave.
  • Family Member: Means the following relatives of the employee (see 5 CFR 630.902):
    • Spouse, and their parents;
    • Sons and daughters, and their spouses;
    • Parents, and their spouses;
    • Brothers and sisters, and their spouses;
    • Grandparents and grandchildren, and their spouses;
    • Domestic partner and their parents, including domestic partners of any individual in paragraphs 2 through 5 of this definition; and
    • Any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.
  • Medical Emergency: Means a medical condition of an employee or family member, including normal pregnancy and the period of confinement and recuperation associated with it, which is likely to require an employee's absence from duty for a prolonged period of time and substantial loss of income to the employee because of the unavailability of paid leave. Elective surgery and routine medical tests are not within the definition of an emergency. Absence in conjunction with a normal pregnancy which meets the substantial loss of income definition, including medical care before the birth, confinement, and the usual recuperation period after the birth, is qualifying as a medical emergency. Note that the period of absence for pregnancy is usually 6 weeks for a normal delivery and recovery or 8 weeks for a Cesarean section and recovery.
  • Personal Representative: If an application is made on behalf of an incapacitated employee, the request must include a statement signed by the incapacitated employee or a member of their immediate family or other appropriate person (individual with power of attorney), expressly authorizing the personal representative to act on the employee’s behalf and to make the application for the leave transfer programs. The statement must indicate the relationship of the signer to the recipient.
  • Substantial Loss of Income: The threshold for a substantial loss of income is absence (or expected absence) from duty without available paid leave for at least 24 work hours for a full-time employee. For part-time employees or those working an uncommon tour of duty, at least 30% of the average number of hours worked in the employee’s biweekly scheduled tour of duty.

Note: Work hours do not have to be consecutive for part-time employees to qualify.

Applying to Become a Leave Recipient

The following steps describe the application process:

STEP 1:

The employee completes form AD-1046 (PDF, 125 KB), Leave Transfer Program - Recipient Application, including:

  • Indicate the hours of leave requested to be donated. This may include an amount to liquidate an indebtedness for advanced annual or sick leave or retroactively substitute for periods of leave without pay which were directly related to the instant medical emergency.
  • Provide a brief description of the nature and severity of the medical emergency and why the leave is needed.
  • Provide medical documentation to justify the medical emergency. The medical documentation must:
    • Be signed and dated by a practicing physician or other appropriate healthcare provider;
    • Include a diagnosis or prognosis of the employee’s or family member’s medical condition;
    • Include the beginning date of the medical emergency and the approximate date the emergency should end;
    • Indicate the probability of missed work and frequency; and
    • Provide any additional information required by the agency.

For an application to be considered for approval it must be submitted to the servicing Human Resources Office (HRO) within 30 calendar days of the termination of the medical emergency.

If an employee is not capable of making a written application on their own behalf, a personal representative (including the employee's supervisor) may make the written application for the employee with written consent.

If there is any doubt whether a medical emergency exists, the employee may be asked to obtain a second opinion. If medical certification from two or more physicians is deemed necessary, the agency will reimburse the recipient or pay the practitioner directly for the additional certification.

STEP 2:

The employee’s supervisor (or leave approving official) must review the application to verify and validate that all the required information is correct. Supervisors are responsible for reviewing a potential recipient’s application to ensure that:

  1. The employee or employee's family member has been affected by a medical emergency.
  2. The employment information contained in the application is correct and the application has been completed accurately and is signed and dated.
  3. The employee's absence from duty without available paid leave because of a medical emergency is or is expected to be at least 24 hours to result in a substantial loss of income because of the unavailability of paid leave. For part­time employees or employees with uncommon tours of duty, the absence without paid leave is at least 30% of the average number of hours of work in the employee's biweekly scheduled tour of duty.
  4. If approved, the supervisor will monitor and validate the continuing nature of the hardship each pay period and upon termination of the hardship, stop the allocation of transferred leave.

Supervisors must also ensure that the Family and Medical Leave Act (FMLA) has been discussed with their employee (see FMLA section for letter templates). Once the application receives supervisory endorsement, it is forwarded to the servicing HRO within 5 workdays from the date of receipt of the application.

STEP 3:

The HRO must notify the potential leave recipient and supervisor of approval or disapproval within 10 workdays of receipt of the completed application and supporting documentation. If it is denied, the reason must be provided in writing. The servicing HRO must review the application to determine that:

  1. A medical emergency exists.
  2. The substantial loss of income criterion of eligibility has been met or will be met by the time donated leave might be available.
  3. The medical certification is attached, the application is completed, signed and dated.
  4. The amount of time which the employee wishes covered by leave donations is consistent with the absence which the healthcare provider stated is required.

If approved, the servicing HRO has the responsibility to:

  1. Track the donated annual leave amounts and credit the leave to the recipient's leave account in the Personnel/Payroll System database;
  2. Notify the leave recipient (or designee) and supervisor of the leave transfer amounts and effective pay periods;
  3. Issue time recording instructions for the leave transfers;
  4. Prepare necessary documentation to apply transferred annual leave retroactively to leave without pay (LWOP) or to liquidate advanced annual leave or sick leave;
  5. Track the accrual and use of personal annual and sick leave during the employee’s transferred leave status;
  6. Track the accrual and use of "frozen" annual and sick leave during the employee’s transferred leave status;
  7. Prepare leave audits, as necessary;
  8. Accept leave donations only to the extent necessary to carry the recipient through the anticipated duration of the medical emergency; and
  9. Certify Form AD-1043.

Use of Donated Leave

Donated leave may only be used for approved absences related to the medical emergency for which the leave transfer was approved, and after the recipient's own accrued and restored annual leave, and where appropriate, sick leave, have been exhausted.

Annual leave donated under the VLTP may be:

  • Substituted retroactively for any period of LWOP because of the medical emergency or used to liquidate the indebtedness incurred by the use of advanced annual or sick leave because of the medical emergency. To use leave retroactively:
    • The employee must clearly request that the donated leave will be used for the retroactive substitution of advanced leave;
    • An agency may apply this leave retroactively back to the beginning of the medical emergency if the recipient provides sufficient medical documentation; and
    • An employee, whose application for disability retirement is pending, should be cautioned concerning the possible impact of transferred leave on the beginning date of their annuity.
  • For those employees who use donated annual leave to care for a family member and the family member passes away may use donated annual leave to conduct estate issues directly related to the death of the family member and to attend the funeral.

Annual leave donated under the VLTP may not be:

  1. Transferred to another VLTP participant (unless under the direction of the leave donor).
  2. Included in the lump-sum payment for annual leave.
  3. Recredited to a former employee that is reemployed by a Federal agency.

A leave recipient under any of the leave transfer programs should not receive more than 2,087 hours of donated leave for any given medical emergency (a full calendar year for a full-time employee or pro-rated for a part-time employee). After one year of absence, the agency should consider alternatives such as disability retirement.

Supervisory Approval

As with any form of leave, use of donated leave must have supervisory approval. Supervisors may require acceptable medical documentation in the same manner and to the same extent as for any request for leave due to medical reasons. The approval and use of donated annual leave is subject to the same conditions and requirements of regularly accrued annual leave, except that transferred annual leave is not subject to the annual maximum carryover limitation.

Leave Recipient Check-In

Leave recipients (or designee) must notify their agency on the status of their medical emergencies at 90-day intervals. Failure to provide updates can result in removal from the program.

Leave Accrual and the 40-Hour Set-Aside Account

Leave transfer program recipients will continue to accrue annual and sick leave while receiving and using donated leave or paid leave. The accrued leave is held in separate, set-aside accounts, that have a maximum amount of annual and sick leave a leave recipient may accrue. While in a shared leave status in connection with the medical emergency an employee’s set aside accounts may not exceed:

  • 40 hours of annual leave; and
  • 40 hours of sick leave

Note: in the case of a part-time employee or an employee who has an uncommon tour of duty, the average number of hours in the employee’s weekly scheduled tour of duty.

The following applies to the accrual of leave while in a shared leave status:

  1. Prorate accruals based on the number of hours of donated leave used within the pay period.
  2. Leave accrual for employees who use donated leave intermittently will be prorated between the regular leave accounts and the separate leave accounts until the maximum accrual is reached or termination of the emergency.
  3. Any annual or sick leave an employee in a shared leave status accrues will be transferred to a separate set-aside account.
  4. No accruals will be earned in pay periods where an increment of 80 hours of LWOP or non-pay status leave is reached.

Leave in the set aside account will be transferred to the employee’s regular annual and sick leave account and available for use when the medical emergency ends or when the employee has temporarily exhausted donated leave, whichever event occurs first.

When a medical emergency ends due to termination of the leave recipient's employment as a result of resignation, retirement, or death, any annual or sick leave accrued by a leave recipient while using donated leave which has not been exhausted and which remains in the employee's set aside accounts may not be credited to the employee for any purpose.

Requests for Extension

In the case of a change of anticipated duration of a medical emergency, the HRO may extend the leave recipient’s status and eligibility and increase the total number of donated hours of leave the recipient may receive, subject to the limitations.

To obtain an extension, a recipient (or designee) must submit a written request to the HRO and provide medical certification of the continued medical emergency. This documentation should be provided before the date initially projected as the end of the emergency. The fact that donated leave is available beyond the projected termination date of the medical emergency does not permit the leave recipient to ignore this requirement. Extensions for non-medical reasons may not be granted.

Applying to Become a Leave Donor

Employees who wish to donate annual leave to a leave recipient must:

  1. Complete Part 1 of form AD-1043 (PDF, 132 KB), Leave Transfer Program - Donor Application;
  2. Donate leave in one-hour increments; and
  3. Send the completed form to their servicing HRO.

Note: The leave transfer programs only allow for annual leave to be donated. Donations of sick leave, compensatory time, or credit hours are not allowed.

Limitations on Donations. A donor may donate only unused annual leave (including restored annual leave previously forfeited) which in in their account at the time of the donation. A donor may not donate leave to their immediate supervisor and the leave may not be donated to a leave recipient other than the person specified to receive the leave unless the donor has given their approval and it is documented in writing.

Maximum Leave Donations. A leave donor may not donate more than half of the amount of annual leave they would accrue during the leave year:

  • A full-time employee:
    • In a 4-hour category may donate up to 52 hours
    • In a 6-hour category may donate up to 78 hours
    • In an 8-hour category may donate up to 104 hours

      Example: An employee that accrues leave in the 8-hour category will earn 208 hours a leave year and may donate up to a maximum of 104 of the earned leave hours.
  • A part-time employee may donate 13 x (duty hours in pay period divided by 80) x leave earning category (4, 6, or 8).
  • A seasonal employee may donate (number of pay periods to be worked divided by 2) x leave earning category.
  • The donor wanting to donate annual leave that otherwise would be subject to forfeiture at the end of the leave year may donate the lesser of:
    • One-half of the amount of annual leave they would be entitled to accrue during the leave year in which the donation is made; or
    • The number of hours that remain in the leave year that the leave donor is scheduled to work and receive pay.

      Example: A donor who earns 208 hours in a leave year wishes to donate 104 hours of annual leave two weeks before the end of the leave year. The donor has scheduled 8 hours of annual leave and there is one 8-hour holiday during the remaining 80 hours of the leave year. The donor may donate only 64 hours (80–16=64 hours) since there are only 64 hours left in the leave year during which the donor is scheduled to work and receive pay.

      Example: While on 80 hours of annual leave during the last two weeks of the leave year, a donor comes into the office wishing to donate 60 hours of annual leave. The donor may not donate the leave because they are not scheduled to work for those last two weeks.

Donation Waivers. In unusual situations, employees may obtain a waiver of the donor limitation from their servicing HRO. Waivers must:

  1. Have a written explanation of the reason for requesting the waiver;
  2. Accompany the employee’s donor application;
  3. Be approved only when there is insufficient donated leave from other donors for the recipient to remain in a pay status through the end of the medical emergency; and
  4. Be sent to the employee’s servicing HRO for review and decision.

Agency Review of Donor Application

The agency will notify the employee within 15 workdays if the application to donate leave is approved. Adjustments to annual leave balances are not made until the donor has been notified by their agency. The agency will review the donor’s application to ensure:

  1. The donor’s application is complete, signed and dated;
  2. The donor has sufficient leave to make the donation; and
  3. The leave limitations have been followed unless a waiver has been approved.

Interagency Leave Transfers

Leave donations for agency leave recipients will be accepted from Federal employees outside of the USDA when:

  1. The amount of annual leave donated by USDA leave donors does not meet a leave recipient's needs as requested and approved;
  2. A family member from another Department requests to donate annual leave to a leave recipient; and
  3. Acceptance of leave transferred from another Department would further the purpose of the VLTP.

Agency employees may donate annual leave to recipients outside of the USDA if such a transfer is permitted by the recipient’s agency.

Agency employees who wish to donate to or receive donations from employees of other Federal agencies must contact their servicing HRO. The HRO will coordinate with the unit of the other Federal agency to determine if the proposed interagency leave transfer can be accomplished.

Termination of the Medical Emergency

Leave recipient status ends:

  1. On the date set forth on the application for donated leave;
  2. At the end of the pay period in which the leave recipient (or designee) notifies the supervisor and HRO that their medical emergency is over;
  3. When the leave recipient's Federal employment is terminated;
  4. At the end of the biweekly pay period in which the HRO is notified of OPM’s approval of the leave recipient's application for disability retirement; or
  5. At the end of the pay period in which the leave recipient's HRO determines, after written notice and an opportunity for the recipient (or designee) to answer orally or in writing, that the leave recipient is no longer affected by a medical emergency.

Agencies must monitor the status of the medical emergency and are responsible for terminating the VLTP if the recipient is no longer affected by the medical emergency.

When the medical emergency affecting a leave recipient ends, further donations will be accepted only to the extent to liquidate advance sick or annual leave or apply to periods previously charged to LWOP.

Recipients or their designated representative are responsible for notifying their servicing HRO of their status when the period of medical emergency originally authorized expires. Failure to do so may result in removal of the recipient from the program.

Returning Unused Donated Leave

When a leave recipient's medical emergency ends, any balance of unused, transferred annual leave will be restored in full-hour increments to eligible donors on a prorated basis. The following rules apply:

  1. The donor cannot have more hours restored than they donated to the recipient.
  2. If the number of donors eligible for restoration exceeds the number of hours of annual leave to be restored, no unused donated annual leave will be restored, and the leave is dropped from the record.
  3. If the leave donor retires from Federal service, dies, or is otherwise separated from Federal service before the unused, donated annual leave can be restored, such leave will not be recredited to that donor.
  4. The amount of unused donated annual leave to be restored to each donor must be determined as follows:
    • Divide the number of hours of unused donated annual leave by the total number of hours of annual leave donated to the recipient;
    • Multiply the result by the number of hours of annual leave transferred from each donor eligible for restoration; and
    • Round the result down to the nearest hour.
  5. Transferred annual leave will be restored to a donor's regular annual leave account in the current leave year unless:
    • The restoration occurs in the fourth quarter of the leave year and the restored leave would result in forfeiture; returned donated annual leave will be returned in the next leave year.
    • The donor wishes to donate the prorated amount to another leave recipient. Donors who exercise this option must complete a new form AD-1043.
    • The re-credited leave is subject to the limitations governing annual leave carryover.

Office of Workers Compensation Program and Unemployment

An employee may not participate as a recipient in the leave transfer program if they are receiving OWCP or unemployment benefits for the medical emergency for which they are requesting transferred annual leave.

An employee who is absent from work due to a work-related injury or illness is eligible for the leave transfer program if they are not receiving OWCP or unemployment benefits. A leave recipient may not receive donated leave for any period which is covered by unemployment benefits or worker's compensation. However, an employee may receive leave donations if after applying for OWCP benefits:

  1. The OWCP decision is not timely and continuation of pay of 45 days is exhausted;
  2. The employee has not and will not receive workers' compensation for that period of LWOP; and
  3. The employee meets all other eligibility requirements for the leave transfer program.

The leave recipient must promptly notify their supervisor and their servicing HRO when they begin to receive OWCP or unemployment benefits related to the medical emergency or when the medical emergency ends.

An employee will incur an overpayment for any hours that are covered by donated leave, and they later receive OWCP benefits. Supervisors and the employee must be made aware of the potential for overpayment. The employee must be prepared to repay any overpayment unless the donated hours are bought back and restored to the leave donor.

Retirement

Disability Retirement. An employee who has applied for (or who plans to apply for) disability retirement because of a medical emergency is eligible for the leave transfer program assuming all other requirements of the program are met. Upon approval of the disability retirement application, the employee will be terminated from the leave transfer program.

Optional Retirement. An employee who is eligible for optional retirement may apply for the leave transfer program, assuming all other requirements are met, and if the employee does not wish to retire at the time the application is made (for example, the employee expects to return to work). If after becoming a leave recipient, the employee decides to retire they will be terminated from the leave transfer program upon approval of the retirement application and their annuity will not be affected by the manner in which the transferred leave was applied to the period of absence.

Transfer to Another Agency

When a leave recipient transfers to another Federal agency, any unused donated annual leave will be transferred with the employee.

Leave Transfer Files

Leave recipient case files constitute a separate system of records under the Privacy Act. Files must be kept at the servicing HRO and kept separate from other personnel files.

The following documents must be kept in the leave transfer file of each leave recipient and the servicing HRO must maintain these files for three years after the medical emergency terminates:

  1. Recipient application and all supporting documentation;
  2. Donor application(s);
  3. Copies of the recipient's Time and Attendance Report for all pay periods during which the recipient participates in the program;
  4. Reports from the leave recipient (or designee) on the status of their medical emergency;
  5. Written notice of termination of the medical emergency from the leave recipient to their supervisor and the servicing HRO;
  6. Requests for extensions and approvals of extensions; and
  7. Any other correspondence associated with the case.

Privacy Requirements

The rights of the leave recipients and leave donors must be respected. Medical information obtained as part of the leave donation program will be handled in accordance with law and regulation. No information should be revealed to anyone (including to a recipient who wishes to thank donors) without the written and specific permission of the person whose privacy will be broached. Obtain the consent of the recipients before revealing their names or their specific circumstances to other than those needing the information to process the leave transfers.

It is the approved recipient’s responsibility to find employees willing to donate leave. At the recipient’s request, their supervisor may assist in locating donors by publicizing the need for leave. If a supervisor chooses to assist employees in donor solicitation, fair and equitable treatment must be given to all employees who seek such assistance.

An employee may not directly or indirectly intimidate, threaten, or coerce any other employee (or attempt to do so) for the purpose of interfering with any right the employee may have with respect to donating, receiving, or using annual leave under the leave transfer programs.

Weather and Safety Leave

Overview

Weather and safety leave is not an entitlement but may only be granted when employees are prevented from safely traveling to or safely performing work at their normal worksite, a telework site, or other approved location due to:

  1. An Act of God (snowstorm, flood, etc.);
  2. A terrorist attack; or
  3. Another condition that prevents an employee or group of employees from safely traveling to or safely performing work at an approved location (e.g., power outage, burst water pipes, a building fire, breakdown of heating equipment, etc.).

Employees who are not affected by the emergency (not prevented from working) may not be granted weather and safety leave.

References

Weather and Safety Leave

The senior management official at the agency worksite has authority to grant weather and safety leave when they have determined an employee is prevented from safely traveling to or performing work at an approved location due to an Act of God, a terrorist attack, or other emergency condition and in accordance with USDA and OPM requirements.

When delayed arrival, early dismissal, or closures are authorized, non-emergency employees will be granted weather and safety leave unless the employee is:

  1. A teleworker or remote worker;
  2. On pre-approved paid leave or other authorized time-off; or
  3. On official travel.

Weather and safety leave may be granted only for hours within an employee’s tour of duty established for the purposes of charging annual and sick leave. For employees on a flexible work schedule, the amount of weather and safety leave to be granted must be based on the employee's regularly scheduled tour of duty. There is no limit on the amount of weather and safety leave an employee may receive in a calendar year.

Teleworkers and Remote Workers

Teleworkers and remote workers are not eligible for weather and safety leave when a closure is announced and are expected to work from their approved telework site/remote worksite, or take leave (or a combination of both), unless one of the rare exceptions under 5 CFR 630.1605(a)(2) applies:

  1. Unexpected Weather. An agency may provide weather and safety leave to a teleworker who, in the agency’s judgment, could not have anticipated the severe weather or other emergency condition and therefore did not take home needed equipment or work. A remote worker would generally not be eligible because they would have the necessary equipment available at the alternate worksite.

    Example. The weather forecast in the local news predicts light rain on Sunday night, but the weather was much worse than anticipated and the office is closed on Monday due to snow. Employees would not have been expected to prepare to telework and would be granted weather and safety leave.
  2. Unsafe Telework Site. An agency may provide weather and safety leave to a teleworker or remote worker who is prevented from safely working at the telework site/remote worksite because of the severe weather or other emergency event. In this case, the home or other approved worksite is also impacted in such a way that work cannot be safely performed (e.g., power outage, broadband outage, flooding, etc.).

Preapproved Paid Leave

An employee may not receive weather and safety leave for hours during which they are on other preapproved leave (paid or unpaid) or paid time off (credit hours, compensatory time off, time off awards). Employees on preapproved paid leave during an office closure, delayed arrival, or early departure will continue to be charged leave and may not be granted weather and safety leave. Agencies may not approve weather and safety leave for an employee, who in the agency’s judgment, requests to cancel their pre-approved leave or paid time off primarily to obtain weather and safety leave.

  1. Annual Leave and other Paid Time Off. If an employee is scheduled to be on preapproved annual leave or other time off the employee will not be granted weather and safety leave because the employee was not expected to perform work or travel to the approved worksite.
  2. Sick Leave. If an employee is scheduled to use sick leave for a medical appointment and the medical appointment is cancelled, the legal basis for the sick leave has been eliminated and therefore, the sick leave must be cancelled, and the employee would receive weather and safety leave. However, teleworkers and remote workers are expected to work from their telework site/remote worksite in an office closure situation or take other leave.
  3. Alternate Work Schedules (AWS). An employee may not receive weather and safety leave if the office is closed on the employee’s regular AWS day off and they may not receive an added in-lieu of day off. With supervisor approval, an employee may request to change their AWS day off to be used on the day impacted by the operating status announcement allowing use of unscheduled leave. The employee would now work a full workday on the day that had been scheduled to be the employee’s AWS day off.
  4. Leave Without Pay (LWOP). Employees on LWOP, LWOP for military duty, workers’ compensation, suspension, or in another non-pay status may not be granted weather and safety leave when Federal offices are closed.
  5. Official Travel. Employees on official travel are expected to continue working on a workday when their regular duty station is closed for a partial or full day. However, if the emergency procedures of the agency make it impossible for the employees to continue work (for example, the travel assignment requires frequent contact with the agency), then weather and safety leave may be granted.

Emergency Employees

During dismissal or closure situations, emergency employees are expected to report to or remain at their worksite unless otherwise directed by their supervisor. Generally, emergency employees do not receive weather and safety leave. (See 5 CFR 630.1605(b))

At least annually, agencies should identify emergency employees and notify them in writing. The written notice should include the requirement that emergency employees report for work or remain at work (or work at home or report to an alternative worksite) when Government operations are disrupted. The notice should also include an explanation that announcements of unscheduled leave/unscheduled telework, delayed arrival, early or immediate departure, or Federal office closure do not apply to them unless they are instructed otherwise. Agencies must notify employees that, if they are required to report for work and fail to do so, they may be charged absence without leave (AWOL) for the period not worked and may potentially be disciplined for AWOL upon further determination by the agency.

Operating Status Announcements

Timing is crucial in emergency situations. It is important that employees understand what operating status announcements mean, how to react when unscheduled telework or unscheduled leave are options or if they are required to telework, and agencies must clearly communicate expectations to supervisors and employees when a change in operating status occurs. Employees must promptly notify their supervisor of their intent to use unscheduled leave or perform unscheduled telework when they are choosing these flexibilities when a dismissal or closure is announced.

  1. Office Closures in the Washington, DC Metropolitan Area. OPM makes the determination and announcements for office closures and delays for Federal agencies in the Washington, DC area. Announcements on the status of Government operations in the Washington, D.C. area can be found at Current Status.
  2. Office Closures Outside the Washington, DC Metropolitan Area. The senior management official at the agency worksite has the authority to make decisions on weather-related or emergency dismissals for their employees and report those workforce status decisions to their headquarters. All decisions must be made promptly and employees must be notified as soon as possible of the decision. The senior management official may grant up to 40 consecutive hours of weather and safety leave.
  3. Unable to Safely Work at an Alternate Worksite. The senior management official at the agency worksite has authority to grant up to 80 hours of weather and safety leave where it would be unsafe to work at an alternate worksite (e.g., evacuation order due to a wildfire or hurricane, quarantine, etc.), and in accordance with 5 U.S.C. 6329c and 5 CFR 630, Subpart P.
    • Authority may be redelegated to the lowest supervisory level to grant up to 8 hours of weather and safety leave for situations such as a power outage or internet connectivity issues.
    • The Chief Human Capital Officer, OHRM (or designee) may approve more than 80 hours of weather and safety leave.

Agencies must communicate operating status announcements to each employee in the impacted area and include the term “weather and safety leave” when approving absence without charge to leave due to severe weather or other qualifying emergency situations.

Operating Status

Wording to Use in Your Announcement

Open

“[The specified Federal offices at specified locations are] Open.”

Employees are expected to begin the workday on time. Normal operating procedures are in effect.

Open With Option for Unscheduled Leave or Unscheduled Telework

“[The specified Federal offices at specified locations are] Open and employees have the Option for Unscheduled Leave or Unscheduled Telework.”

  • Telework Employees Not Scheduled to Telework must report to the office on time or notify their supervisor of their intent to use unscheduled leave or unscheduled telework. Employees who request unscheduled telework must be prepared to telework, take unscheduled leave or other paid time off, or a combination—thereby accounting for the entire workday.
  • Remote Workers and Telework Employees Scheduled to Telework are expected to begin their workday on time unless requesting unscheduled leave.
  • Non-Telework Employees must report to the office on time or notify their supervisor of their intent to use unscheduled leave.
  • Emergency Employees are expected to report to their worksites on time unless otherwise directed by their agencies.

Open – X Hour(s) Delayed Arrival – With Option for Unscheduled Leave or Unscheduled Telework

“[The specified Federal offices at specified locations are] Open under a X Hour(s) Delayed Arrival and employees have the Option for Unscheduled Leave or Unscheduled Telework. Employees should plan to arrive for work no more than X hour(s) later than they would normally be expected to arrive.”

  • Telework Employees Not Scheduled to Telework and Requesting Unscheduled Telework must be prepared to telework, take unscheduled leave or other paid time off, or a combination— thereby accounting for the entire workday. In general, weather and safety leave is not available to telework employees who do not report to the office.
  • Remote Workers and Telework Employees Scheduled to Telework are expected to begin their workday on time unless requesting unscheduled leave. In general, weather and safety leave is not available to remote and telework employees who do not report to the office.
  • Non-Telework Employees, and Telework Employees Not Scheduled to Telework and Not Requesting Unscheduled Telework are expected to either report to the office and be granted weather and safety leave for up to XX hour(s) past their normal arrival time or request unscheduled leave for the entire workday. Weather and safety leave is not available to those employees requesting unscheduled leave.
  • Emergency Employees are expected to report to their worksite on time unless otherwise directed by their agencies.
  • Employees on Preapproved Leave (paid or unpaid) or other paid time off (e.g., compensatory time off, credit hours)—including an employee who requests unscheduled leave or other paid time off—generally should be charged leave or other paid time off and not receive weather and safety leave.

Open – Delayed Arrival – Employees Should Report To Their Office No Later Than XX:XX – With Option for Unscheduled Leave or Unscheduled Telework

“[The specified Federal offices at specified locations are] Open under a Delayed Arrival where employees should Report To Their Office No Later Than XX:XX and have the Option for Unscheduled Leave or Unscheduled Telework.”

  • Telework Employees Not Scheduled to Telework and Requesting Unscheduled Telework must be prepared to telework, take unscheduled leave or other paid time off, or a combination— thereby accounting for the entire workday. In general, weather and safety leave is not available to telework employees who do not report to the office.
  • Remote Workers and Telework Employees Scheduled to Telework are expected to begin their workday on time unless requesting unscheduled leave. In general, weather and safety leave is not available to remote and telework employees who do not report to the office.
  • Non-Telework Employees, and Telework Employees Not Scheduled to Telework and Not Requesting Unscheduled Telework are expected to either report to the office and be granted weather and safety leave for the hours between the employee’s normal arrival time and the reporting time specified in the announcement, except that such leave is reduced if the employee arrives at work before the announced reporting time or request unscheduled leave for the entire workday. Weather and safety leave is not available to those employees requesting unscheduled leave.
  • Emergency Employees are expected to report to their worksite on time unless otherwise directed by their agencies.
  • Employees on Preapproved Leave (paid or unpaid) or other paid time off (e.g., compensatory time off, credit hours)—including an employee who requested unscheduled leave or other paid time off—generally should be charged leave or other paid time off and not receive weather and safety leave.

Early Departure - X Hour(s) Staggered Release

“Employees of [specified Federal offices at specified locations] are authorized for Early Departure. Employees should depart X Hour(s) earlier than their normal departure times and may request Unscheduled Leave to depart prior to their staggered departure times.”

  • Telework Employees at the Office will receive weather and safety leave only for the amount of time required to commute home. Once these employees arrive at home, they must complete any remaining portion of the workday by teleworking, taking unscheduled leave (paid or unpaid) or other paid time off, or a combination.
  • Telework Employees Performing Telework are expected to continue working and generally may not receive weather and safety leave. They must account for the entire workday by teleworking, taking unscheduled leave (paid or unpaid) or other paid time off, or a combination.
  • Remote Workers are expected to continue working and generally may not receive weather and safety leave. They must account for the entire workday by working, taking unscheduled leave (paid or unpaid) or other paid time off, or a combination.
  • Non-Telework Employees at the Office will be dismissed from their office X hour(s) early relative to their normal departure times and will be granted weather and safety leave for the number of hours remaining in their workday.
  • Emergency Employees are expected to remain at their worksite unless otherwise directed by their agencies.
  • Employees Departing the Office Prior to Their Early Departure Time may request to use unscheduled leave (paid or unpaid) or other paid time off. Such employees will not be granted weather and safety leave for any part of the workday.
  • Employees on Preapproved Leave (paid or unpaid) or other paid time off—including an employee who has requested unscheduled leave before an early departure is announced—generally should continue to be charged leave or other paid time off during the scheduled time and should not receive weather and safety leave.

Early Departure - X Hour(s) Staggered Release– All Employees Must Depart No Later Than XX:XX

“Employees of [specified Federal offices at specified locations] are authorized for Early Departure. Employees should depart X Hour(s) earlier than their normal departure time and may request Unscheduled Leave to depart prior to their staggered departure time. All employees Must Depart no later than XX:XX at which time Federal offices are Closed.”

  • Telework Employees at the Office will receive weather and safety leave only for the amount of time required to commute home. Once these employees arrive at home, they must complete any remaining portion of the workday by teleworking, taking unscheduled leave (paid or unpaid) or other paid time off, or a combination.
  • Telework Employees Performing Telework are expected to continue working and generally may not receive weather and safety leave. They must account for the entire workday by teleworking, taking unscheduled leave (paid or unpaid) or other paid time off, or a combination.
  • Remote Workers are expected to continue working and generally may not receive weather and safety leave. They must account for the entire workday by working, taking unscheduled leave (paid or unpaid) or other paid time off, or a combination.
  • Non-Telework Employees at the Office will be dismissed from their office X hour(s) early relative to their normal departure time but no later than the final departure time XX:XX (as applicable) and will be granted weather and safety leave for the number of hours remaining in their workday.
  • Emergency Employees are expected to remain at their worksite unless otherwise directed by their agencies.
  • Employees Departing the Office Prior to Their Early Departure Time or the Final Departure Time (whichever is applicable) may request to use unscheduled leave (paid or unpaid) or other paid time off. Such employees will not be granted weather and safety leave for any part of the workday.
  • Employees on Preapproved Leave (paid or unpaid) or other paid time off—including an employee who has requested unscheduled leave before an early departure policy is announced—generally should continue to be charged leave or other paid time off during the scheduled time and should not receive weather and safety leave.

Immediate Early Departure

“[The specified Federal offices at specified locations] are Closed and on-site employees should Depart Immediately.”

  • Telework Employees at the Office will receive weather and safety leave only for the amount of time required to commute home. Once these employees arrive at home, they must complete any remaining portion of the workday by teleworking, taking unscheduled leave (paid or unpaid) or other paid time off, or a combination.
  • Telework Employees Performing Telework are expected to continue working and generally may not receive weather and safety leave.
  • Remote Workers are expected to continue working and generally may not receive weather and safety leave.
  • Non-Telework Employees at the Office will be granted weather and safety leave for the number of hours remaining in their workday.
  • Emergency Employees are expected to remain at their worksite unless otherwise directed by their agencies.
  • Employees Departing Prior to the Immediate Departure Time may request to use unscheduled leave (paid or unpaid) or other paid time off. Such employees will not be granted weather and safety leave for any part of the workday.
  • Employees on Preapproved Leave (paid or unpaid) or other paid time off—including an employee who has requested unscheduled leave before an immediate departure policy is announced— generally should continue to be charged leave or other paid time off during the scheduled time and should not receive weather and safety leave.

Office Closure

“[The specified Federal offices at the specified locations are] Closed. Maximum Telework is in effect.”

  • Telework Employees are expected to work. Generally, telework employees may not receive weather and safety leave.
  • Remote Workers are expected to work. Generally, remote workers may not receive weather and safety leave.
  • Non-Telework Employees generally will be granted weather and safety leave for the number of hours they were scheduled to work. However, weather and safety leave will not be granted to employees who are on official travel outside of the duty station or on an Alternative Work Schedule (AWS) day off or other non-workday.
  • Emergency Employees are expected to report to their worksite unless otherwise directed by their agencies.
  • Employees on Preapproved Leave (paid or unpaid) or other paid time off generally should continue to be charged leave or other paid time off and should not receive weather and safety leave.

Shelter-In-Place

“[The specified Federal offices at specified locations] are under Shelter-In-Place procedures and are Closed to the Public.”

  • Employees Located at the Office should follow their agency’s emergency procedures for shelter-in-place. Employees should remain in their designated safe area until they are notified by agency officials that they may return to the office or leave the worksite.
  • Remote Workers and Telework Employees performing work outside of the agency worksite (e.g., at home, an approved alternative location, etc.) are expected to continue working when there is a shelter-in-place incident at their agency worksite unless affected by the emergency or otherwise notified by their agencies.

Records

Employees must use the appropriate codes in their Time and Attendance system to accurately reflect weather and safety leave.

Each agency must prepare and retain in their files written documentation of each use of administrative dismissal authority. The documentation must include:

  1. A description of conditions that warranted the closing of the office or cancellation of the activity;
  2. The number of employees affected; and
  3. The workday(s), or the portion of the workday(s), that the office is closed or activity is canceled.

Compensation

OHRM provides policy guidance and support to Mission Areas, agencies, and staff offices on pay administration, pay flexibilities, and premium pay.

Bargaining unit employees must follow their Collective Bargaining Agreement.

Advances in Pay

Overview

An advance of pay is equivalent to a loan and may be provided to new employees, employees relocating, or employees required to evacuate under emergency conditions. Employees are required to sign a repayment agreement which details how an advance in pay will be recovered.

References

Advance in Pay for New Hires

An advance payment is intended to help an employee pay immediate expenses related to accepting the position.

USDA agencies may advance up to 2 pay periods of basic pay to an employee who is newly appointed, appointed after a 90-day break in service, or appointed after a 90-day period of leave without pay (LWOP) following termination of an appointment from an internship program as described in 5 CFR 362, Subpart B. The employee must have a scheduled tour of duty and be serving under an appointment not limited to 6 months or less. Agencies may redelegate this authority to the lowest supervisory level practical.

The maximum amount that may be advanced is based on an employee’s rate of basic pay reduced by the amount of any allotments or deductions from pay. An advance may not be authorized before the date on which the employee takes the oath of office or later than 60 days after the date of appointment.

An advance in pay may not be made to the head of an agency or to any employee when an agency expects to make an advance in pay to the same employee under 5 U.S.C. 5927 (assignment to a post in a foreign area), within 2 pay periods after the employee’s appointment.

An Advance in Pay is a Loan

An advance payment is equivalent to a loan and must be treated as a debt owed to the Federal Government. An advance of pay must be recovered by payroll deduction within 14 pay periods beginning on the date the advance in pay is made to the employee. Seasonal or temporary employees may not receive an advance in pay when it is expected that the debt cannot be collected within 14 pay periods. If the employee transfers to another agency or the employee’s appointment is terminated for any reason, the entire unpaid balance is due before the employee leaves the Department.

Advance Payments for Employees Relocating to Foreign Areas

An advanced payment is intended to finance unusual employee expenses associated with overseas assignments (e.g., shipping costs, storage, etc.). Delegated officials may advance up to 3 months of base pay when an employee is assigned to a post in a foreign area. An employee may request an advance of pay 3 weeks before the estimated departure date for an assignment to a foreign duty post or up to 2 months after arrival.

In addition to completing the repayment agreement, the employee must request an advance on Form SF1190-12, Foreign Allowances Application. The employee must repay the advance through payroll deduction over a maximum of 26 pay periods. (See 5 U.S.C. 5927 and Department of State Standardized Regulations (DSSR), Section 850)

Advance Payments for Employees Relocating within the U.S.

An advance payment for current employees relocating to a new duty station is intended to help defray extra out-of-pocket expenses associated with moving between duty stations. Delegated officials may advance up to 4 pay periods of pay to employees who are assigned to positions outside of their current commuting area (50 miles) but within the U.S. and its territories and possessions. The employee must repay the advance through payroll deduction over a maximum of 14 pay periods. (See 5 U.S.C. 5524a(a)(2))

Advance Payments for Emergency Situations

If an employee has been ordered to evacuate from an area because of imminent danger to their lives, delegated officials may authorize up to 30 days of advance payments of pay, allowances, and differentials to help meet immediate expenses related to the evacuation. Advance payments may not exceed 30 days and must be repaid through payroll deduction over a maximum of 14 pay periods. (See 5 U.S.C. 5521-5524, 5 CFR 550, Subpart D, and DSSR Section 615)

Evacuation Payments

Delegated officials may authorize evacuation payments to employees or their dependents, or both, who have been ordered to evacuate from an area because of imminent danger to their lives as a result of a severe weather condition or other emergency situation. Agencies must contact OHRM before they may authorize evacuation payments. Agencies may authorize evacuation payments, or they may authorize weather and safety leave, but they may not authorize both. Evacuation payments are not treated as a debt owed to the Federal Government.

Evacuation payments must be made in accordance with DR 2300-004, USDA Evacuation Policies and Procedures and 5 CFR 550, Subpart D. Also see OPM Fact Sheet Evacuation Payments.

Agreement to Repay the Funds

Employees must sign a repayment agreement to repay the money back to the government prior to receiving an advance in pay (see end of section for a sample agreement). The agreement will establish the total amount of the advance in pay, the amount that will be deducted by payroll deductions each pay period, and the total number of pay periods for repayment.

The agreement must be signed by the employee and the approving official and filed in the employee’s electronic Official Personnel Folder (eOPF).

Decision to Approve Advance in Pay

Requests for advances of pay must be submitted in writing by the employee and will be adjudicated based on evidence of financial or other hardship acceptable to the approving official. Examples of hardship might include costs associated with maintaining two residences; relocating a household to a different climate; purchasing or renting a home in a new commuting area, etc. A written finding of hardship is filed in the employees eOPF.

Process for Requesting an Advance in Pay

  1. Step 1: The employee contacts their supervisor, provides a written request explaining the financial need for an advance in pay, completes and signs an agreement to repay the funds, and forwards the signed agreement and written request to their supervisor for consideration.
  2. Step 2: The supervisor provides a recommendation and submits the written request and signed agreement to the delegated official for decision. The supervisor forwards the signed repayment agreement and written request to their servicing Human Resources Office (HRO) for processing.
  3. Step 3: The HRO reviews the record to ensure the employee is eligible for advance payment, ensures the agreement to repay the funds is signed by both the employee and approving official, and that all required fields are completed. The HRO processes the advance payment in accordance with the National Finance Center procedures.

Waivers

Agencies have authority to waive overpayments when collection would be against equity or good conscience or against the public interest and in accordance with DR 2570-002, Waiver of Employee Overpayments. Also see 5 U.S.C. 5522(c).

Sample Agreement to Repay the Advance in Pay

Employee Name:
Position Title:
Pay Plan/Series/Grade:
Duty Location:

  1. I have been informed that I will receive $XXX.XX as an advance in pay. This advance in pay will be recovered by the United States Government through biweekly deductions from my salary effective on the second pay period after the one in which the advance is issued.
  2. I understand that 15% of my disposable earnings will be deducted from my pay until the debt has been satisfied, unless I make other repayment arrangements as indicated on my Repayment Agreement. I understand that the advance payment must be recovered by payroll deduction within 14 pay periods beginning on the date the advance in pay was made to me. I also understand that I may repay all or part of the balance of the advance in pay at any time before the money is due.
  3. I have been informed that in accordance with the order of precedence for payroll deductions prescribed by the Government Accountability Office, an advance of pay is considered to be an indebtedness that is payable to the United States Government, and that deductions for this indebtedness therefore precede other voluntary deductions, including allotments and assignments of pay.
  4. If I default on repayment, I understand that the provisions of 5 CFR 550, Subpart K, will take effect.
  5. I understand that if I transfer to another Government agency or if my employment with USDA is terminated for any reason, the remaining balance of an advance in pay not yet repaid is due and must be repaid to the Federal Government unless repayment is waived in whole or in part under 5 CFR section 550.206 and that the amount advanced that has not been repaid is recoverable from me as a debt due the United States Government.

    Employee Signature and Date:

    Approving Official Name and Title:

    Approving Official Signature and Date

    A copy of this agreement must be sent to the servicing human resources management office for inclusion in the Official Personnel Folder.
Biweekly and Annual Limitations on Premium Pay

Overview

There is a limit to how much premium pay an employee may receive in a pay period and annual basis.

Premium pay paid under Title 5 is subject to certain biweekly and annual pay limitations. General Schedule employees may receive premium pay only to the extent that the payment does not cause their total basic pay and premium pay for any pay period to exceed the greater of the biweekly rate for either a GS-15 step 10 (including any locality adjustment or applicable special salary rate) or the rate payable for level V of the Executive Schedule.

In certain emergency or mission-critical situations, an agency may apply an annual limitation on premium pay instead of a biweekly limitation on premium pay, subject to the conditions provided in law and regulations.

References

Applicability

Who does the biweekly and annual premium pay cap apply to?

The biweekly and annual limitation on premium pay applies to General Schedule and other covered employees.

  1. Fair Labor Standards Act (FLSA) overtime pay and FLSA compensatory time off in-lieu of overtime pay are excluded from the definition of premium pay and are not subject to the biweekly and annual limitation on premium pay. However, other premium pay, such as Sunday, night, and holiday premium pay, remain subject to the biweekly and annual limitation on premium pay.
  2. Federal Wage System employees, both nonexempt and exempt, are not subject to the limitation on premium pay.
  3. Senior Executive Service members do not earn premium pay and therefore, are not subject to the limitation on premium pay.

Premium Pay and the Limitations

What types of payments are included in the premium pay cap?

The pay that applies to the premium pay cap includes Title 5 overtime, overtime with night differential, the dollar value of earned comp time off in-lieu of overtime pay, night pay, Sunday pay, holiday premium pay, standby duty, administratively uncontrollable overtime (AUO), and law enforcement availability pay (LEAP).

What types of payments are not included in the premium pay cap?

FLSA overtime and comp time off earned in-lieu of FLSA overtime for nonexempt employees, hazard pay, credit hours, travel comp, religious comp, awards, bonuses, retention incentives, relocation incentives, and recruitment incentives. These are included in the aggregate limitation on total compensation but not the annual premium pay cap.

Certain Emergency or Mission Critical Situations

Can the biweekly pay cap be waived for work in connection with an emergency or work that is critical to the mission of the agency?

In certain emergency or mission critical situations, agencies may request to waive the biweekly premium pay cap and apply the annual premium pay cap instead.

When the head of an agency (or designee) determines that an emergency posing a direct threat to life or property exists, an employee who is receiving premium pay for performing overtime work in connection with the emergency will be subject to an annual pay limitation instead of the biweekly pay limitation (with the exception of certain fixed premium payments such as AUO, LEAP, and standby duty pay). This provision also applies when the head of an agency (or designee) determines that an employee is needed to perform work that is critical to the mission of the agency.

Requests must be signed by the Agency CHCO, the package must be submitted timely (submitted within 2 pay periods of deploying employees to respond to the emergency or when needed to perform mission critical work), and submitted to OHRM Policy for review. Requests may only be approved by the OHRM CHCO.

Determining Your Premium Pay Cap

How do I figure out my biweekly cap and my annual cap?

An employee may not earn more than a GS-15 step 10 or level V of the Executive Schedule. These limits still hold even when there are 27 pay periods in a calendar year.

To find the pay table that applies to you, go to the OPM website for GS locality pay tables (Salaries & Wages) to determine the rate of a GS-15 step 10 for your locality area.

For example, in 2023 the rate for a GS-15 step 10 in the Rest of U.S. locality area is $177,978 (be sure to use the locality pay table that applies to you) and the Executive Schedule Level V rate is $172,100:

  1. Hourly Rate. To determine the hourly rate, divide by 2087:
    $177,978/2087 = $85.28
  2. Biweekly Cap. To determine the biweekly cap, multiply the hourly rate by 80 hours:
    $85.28 x 80 = $6,822.35
  3. Annual Cap. $177,978
    Your annual cap is the rate of a GS-15 step 10 on your locality pay table or Executive Level V, whichever is more. In this example (2023 Rest of US locality), the employee’s annual cap is $177,978 – even when there are 27 pay periods in 2023.

How can I tell if I’ve reached the cap?

You can review your Earnings and Leave Statement to see your total earnings, however, it is recommended that you contact your servicing Human Resources Office so they can review your wages and tell you where you’re at compared to the cap.

Exceeding the Limit

What happens if I’ve exceeded the premium pay cap?

You will be billed for the overpayment and will have a debt to the government.

  1. Once an employee has reached the annual limit, they may not earn additional premium pay through the end of the calendar year.
  2. An employee should not be furloughed and should continue to receive basic pay.
  3. When the biweekly (or annual, if applicable) cap on premium pay is reached, exempt employees may still be ordered to perform overtime work without receiving further compensation. (See Comptroller General Opinions: B-178117, May 1, 1973; B-229089, December 28, 1988; and B-240200, December 20, 1990)
  4. Employees should monitor their total earnings to ensure they do not exceed the annual limitation on premium pay.

Aggregate Limitation on Total Compensation

Is the aggregate pay cap the same as the annual premium pay cap?

No, the aggregate limitation on pay is different than the biweekly or annual limitation on premium pay. The aggregate limitation on total compensation means the limit on the total amount of allowances, differentials, bonuses, awards, or other similar payments an employee may receive in a calendar year, when combined with the employee's basic pay.

GS employees may not receive any portion of any allowance, differential, bonus, award, or other similar payment under Title 5, which when combined with the employee's basic pay, would cause the employee's aggregate compensation (including premium pay) to exceed the rate for level I of the Executive Schedule at the end of the calendar year.

Payments in excess of the aggregate limitation on pay (other than basic pay) must be deferred and are generally paid as a lump-sum payment at the beginning of the following calendar year. The aggregate limitation applies to the total amount of compensation received by an employee during the calendar year without regard to when the compensation was earned. (See 5 CFR 530.203)

The limit for SES members, SL, and ST positions is the total annual compensation payable to the Vice President of the United States under 3 U.S.C. 104.

Compensatory Time Off In-Lieu of Overtime Pay

Overview

Compensatory time off in-lieu of overtime pay is time an employee may voluntarily elect to work instead of receiving overtime pay.

References

Title 5 U.S.C. 5543 and 5 U.S.C. 6123(a)(1) prescribe the statutory requirements for the payment of compensatory time off in-lieu of overtime and the implementing regulations are in 5 CFR 550.114 and 5 CFR 551.531.

What is comp time off in-lieu of overtime?

Compensatory time off (comp time) is time off with pay instead of receiving overtime pay. Comp time is pay for an equal amount of overtime work (e.g., 1 hour of comp time worked for 1 hour of overtime).

Comp time is not the same thing as credit hours. Comp time is time off instead of earning overtime hours, so the overtime rules apply (hours of work over 8 hours in a day or 40 hours in a workweek ordered or approved in writing).

Can I earn comp time if I’m on a maxiflex work schedule?

An employee under a flexible work schedule may request compensatory time off in-lieu of irregular or occasional overtime or regularly scheduled overtime hours.

Can I earn comp time if I’m on a compressed work schedule?

An employee under a fixed work schedule (standard or compressed) may request comp time in-lieu of irregular or occasional overtime but may not request comp time in-lieu of regularly scheduled overtime work.

Can my supervisor make me earn comp time instead of overtime?

  1. Nonexempt Employees. Comp time is voluntary. Nonexempt employees may never be required to accept comp time off in-lieu of overtime pay under any circumstances. They must voluntarily request it.
  2. Exempt Employees. Employees whose rate of basic pay is above the rate for a GS-10 step 10 may be required to take comp time off in-lieu of receiving overtime for irregular or occasional overtime work but may not be required to take comp time in-lieu of regularly scheduled overtime.

Can I require comp time or credit hours if I know I’ll need overtime next week and have a limited budget?

No. Comp time is always voluntary for nonexempt employees.

For exempt employees, comp time is voluntary for regularly scheduled overtime (like in our example) but if the employee’s pay is more than the rate of a GS-10 step 10, then they could be required to take comp time instead for irregular or occasional overtime.

Credit hours are hours the employee voluntarily elects to work in excess of their scheduled tour of duty, with supervisory approval.

Do I have to use comp time before annual leave?

Yes. Comp time must be used before annual leave unless it would result in forfeiture of annual leave at the end of the leave year. When employees have multiple types of leave credited to their account, the following order is recommended:

  1. Compensatory time off in-lieu of overtime pay (if applicable)
  2. Annual leave
  3. Restored annual leave, if any
  4. Compensatory time off for travel, if any
  5. All other leave (credit hours, time-off award, etc.)
  6. Use sick leave as appropriate in accordance with regulations

How long do I have to use my earned comp time?

Comp time must be used within 26 pay periods after it is earned. If accrued comp time is not used within 26 pay periods after it is earned, or if the employee transfers to another agency or separates from Federal service before the expiration of the 26th pay period time limit, the employee will be paid for the earned comp time off. The payment is made at the overtime rate that was in effect when the comp time was earned.

What happens to my comp time if I transfer to a different agency?

If you transfer to another agency or separate, you will be paid for your unused comp time hours at the overtime rate when you earned the hours. However, if you transfer to another USDA agency, your unused comp time hours will also transfer with you.

Can I use comp time to reduce a balance of advanced sick leave?

No. You may not use comp time to reduce or eliminate a balance of advanced sick leave or annual leave.

If I’ve already reached the biweekly premium pay cap, can I earn comp time instead?

No. If you are an exempt employee and you’ve reached the premium pay cap, you may not earn comp time instead because you are already at the cap. Even though the comp time is not directly paid to you in dollars, the regulations prohibit you from receiving it because the dollar value of the comp time when added to your basic pay would take you over the biweekly premium pay cap.

For nonexempt employees, the premium pay cap does not include FLSA overtime pay and comp time off in-lieu of overtime pay.

Employees may receive premium pay only to the extent that the total amount of basic pay and premium pay in any biweekly pay period does not exceed the greater of the biweekly rate payable for GS-15 step 10 or for level V of the Executive Schedule, except when an agency applies the annual premium pay cap for employees performing certain emergency or mission-critical work. Premium pay is defined at 5 CFR 550.106 and includes the dollar value of comp time.

Environmental Differential

Overview

A Federal Wage System (FWS) employee who performs assigned duties involving exposure to identified hazards, physical hardship, or working conditions of an unusual nature receives the environmental differential as prescribed under Title E, Appendix A to Subpart E of Part 532, Schedule of Environmental Differentials Paid for Exposure to Various Degrees of Hazards, Physical Hardships, and Working Conditions of an Unusual Nature.

References

  • Title 5 U.S.C. 5343(c)(4): Prevailing Rate Determinations; Wage Schedules; Night Differentials
  • Title 5 CFR 532.511: Environmental Differentials
  • Title 5, Appendix A to Subpart E of Part 532, Schedule of Environmental Differentials Paid for Exposure to Various Degrees of Hazards, Physical Hardships, and Working Conditions of an Unusual Nature

Eligibility

Who is eligible for environmental differential?

Full-time, part-time, and intermittent FWS employees (Wage Grade/Wage Leader/Wage Supervisor) are eligible for an environmental differential at the rate specified for each category, when performing assigned duties involving exposure to identified hazards, physical hardship, or working conditions of an unusual nature, as prescribed under Appendix A to Subpart E of Part 532. AD Workers are not eligible for environmental differential.

Hazard Pay or Environmental Differential

Is environmental differential the same as hazard pay?

No. Environmental differential is different than hazard pay.

  • FWS employees (WG/WL/WS) receive environmental differential when performing duties involving identified hazards. Environmental differential has specific rules that only apply to FWS employees.
  • Hazard pay applies to General Schedule (GS) employees when exposed to a hazardous condition as prescribed under 5 CFR 550, Subpart I, Appendix A. Hazard pay has specific rules that only apply to GS employees. (See Hazard Pay section)

Exposure Basis or All Hours in Paid Status

How is environmental differential paid?

Environmental differential is paid either on the basis of:

  1. Actual exposure; or
  2. All hours in a pay status.

Whether the differential is paid for all hours in pay status or for actual exposure depends on the hazard, physical hardship or working condition as listed under Appendix A to Subpart E of Part 532.

Actual Exposure Basis

Environmental differential is paid for either (1) all hours in pay status or (2) actual exposure, depending on the type of duty performed.

If you are a FWS employee and performing duties for which an environmental differential is authorized as payment on an actual exposure basis, then you receive the differential for the amount of time you were actually exposed to the hazardous condition (minimum 1 hour). For exposures beyond one hour, then you are paid in 15-minute increments. (See 5 CFR 532.511(b)(2))

  • For example, your tour of duty is 7am to 3:30pm and you perform dirty work (4%) from 9am-10am. You receive environmental differential for 1 hour from 9am-10am and not for your entire 8-hour shift.
  • For example, you perform high work (25%) for 20 min and receive the differential for 1 hour.

All Hours in Pay Status

Environmental differential is paid for either (1) all hours in pay status or (2) actual exposure, depending on the type of duty performed.

If you are a FWS employee and performing duties for which an environmental differential is authorized as payment on basis of hours in pay status, then you receive the differential for all hours in pay status during the calendar day in which the hazardous duty is performed.

Hours in pay status means all hours in which you worked or took leave during that 24-hour period.

The 24-hour period is midnight to midnight (midnight becomes the automatic cutoff time).

If you work past midnight into the next day, you earn entitlement to environmental differential pay for 2 days only when exposed to the hazard before and after midnight.

  • For example, your tour of duty starts Tuesday night at 1800 and ends Wednesday morning at 0230. You’re exposed to a hazard before midnight, but you weren’t exposed to the hazard after midnight. Your timesheet is coded with environmental differential for 5.5 hours only (1800-2400).

Only Exposed for a Few Minutes

What if I’m only exposed to a hazardous condition for 30 minutes?

If you are a FWS employee and receive environmental differential for all hours in pay status then there is no minimum time requirement for exposure to earn entitlement to environmental differential for all hours in a pay status. Any amount of actual exposure during a calendar day entitles you to environmental differential for all compensable hours that day. (See 5 CFR 532.511(c))

On Paid Leave

If I perform a hazardous duty and then take leave, do I still get environmental differential?

If you are a FWS employee and receiving an environmental differential for all hours in pay status, and if you perform a hazardous duty on a day when you also take leave, you receive environmental differential during the hours you took paid leave.

  • For example, you perform a hazardous duty for 1 hour and then take annual leave for the 7 hours remaining in your workday. You’re paid environmental differential for the entire 8-hour workday.

If you receive environmental differential on an actual exposure basis then you only receive the differential for the amount of time you were actually exposed to the hazardous condition.

LWOP

Can I receive environmental differential during periods of leave without pay?

No. Environmental differential for all hours in pay status may only be paid while you are in a pay status (TC-01, etc.) or paid time off status (TC-62, etc.). Environmental differential can’t be paid during a period of non-pay status (LWOP, AWOL, furlough, etc.). (See 5 CFR 532.511(c))

Overtime

Do I receive environmental differential during my overtime hours?

If you are a FWS employee and receive environmental differential for all hours in pay status, and if you are exposed on a day you work overtime, you receive environmental differential during your overtime hours. (See 5 CFR 532.511(c))

If you receive environmental differential on an actual exposure basis and are exposed to a hazardous condition while working overtime hours, then you receive the differential only for the amount of time you were actually exposed to the hazardous condition (minimum 1 hour).

List the Hazard on your T&A

Do I need to list the hazardous condition on my timesheet?

Yes. When claiming environmental differential record the hazardous duty that was performed under the “Remarks” section on the timesheet for audit purposes.

  • For example; “4% environmental differential claimed on 6/28 for micro-organisms, low degree hazard”.
  • For example; “100% environmental differential claimed on 7/18 from 8am to 9am for low-level flight”.

Exposed to Two Hazards

How do I code my timesheet if I’m exposed to 2 different hazards?

A FWS employee exposed to more than one condition at the same time is paid for the exposure which results in the highest differential but may not be paid more than one differential for the same hours of work. (See 5 CFR 532.511(b)(4 and (5))

  • For example, you were working on low degree firefighting (8%) during the morning and then high degree firefighting (25%) in the afternoon. You receive 25% environmental differential for all hours in pay status that day (not 25% and 8%).

Duty Not on the Environmental Differential Table

Can I be paid environmental differential for performing a type of duty not listed in the environmental differential table?

No. Title 5 requires OPM to establish a schedule of environmental differentials and to prescribe regulations governing payment of the differentials. (See 5 U.S.C. 5343(c)(4))

If a duty or type of work is not listed in Appendix A to Subpart E of Part 532, you can’t be paid an environmental differential.

Environmental Differential Table

Title 5, Appendix A to Subpart E of Part 532, Schedule of Environmental Differentials Paid for Exposure to Various Degrees of Hazards, Physical Hardships, and Working Conditions of an Unusual Nature. For wind-chill chart see Appendix A to Subpart E of Part 532, Exhibit 1.

Part I. Payment for Actual Exposure

Diff. Rate

PART I. PAYMENT FOR ACTUAL EXPOSURE

An employee is paid a minimum of 1 hour's differential pay for the exposure. For exposures beyond 1 hour, the employee is paid in 15-minute increments.

100%
  1. Flying. Participating in flights under one or more types of the following conditions:
    • Test flights of a new or repaired plane or modified plane when the repair or modification may affect the flight characteristics of the plane;
    • Flights for test performance of plane under adverse conditions such as in low altitude or severe weather conditions, maximum loads limits, or overload;
    • Test missions for the collection of measurement data where two or more aircraft are involved and flight procedures require formation flying and/or rendezvous at various altitudes and aspect angles;
    • Flights deliberately undertaken in extreme weather conditions such as flying into a hurricane to secure weather data;
    • Flights to deliver aircraft which have been prepared for one-time flight without being test flown prior to delivery flight;
    • Flights for pilot proficiency training in aircraft new to the pilot under simulated emergency conditions which parallel conditions encountered in performing flight tests;
    • Low-level flights in small aircraft including helicopters at altitudes of 150 meters (500 feet) and under in daylight and 300 meters (1,000 feet ) and under at night when the flights are over mountainous terrain, or in fixed-wing aircraft involving maneuvering at the heights and times specified above, or in helicopters maneuvering and hovering over water at altitudes of less than 150 meters (500 feet);
    • Low-level flights in an aircraft flying at altitudes of 60 meters (200 feet) and under while conducting wildlife surveys and law enforcement activities, animal depredation abatement and making agricultural applications, and conducting or facilitating search and rescue operations; flights in helicopters at low levels involving line inspection, maintenance, erection, or salvage operations;
    • Flights involving launch or recovery aboard an aircraft carrier;
    • Reduced gravity flight testing in an aircraft flying a parabolic flight path and providing a testing environment ranging from weightlessness up through 20 meters per second (2 gravity) conditions.

25%
  1. High Work.
    • Working on any structure of at least 30 meters (100 feet) above the ground, deck, floor, or roof, or from the bottom of a tank or pit;
    • Working at a lesser height;
      1. If the footing is unsure or the structure is unstable; or
      2. If safe scaffolding, enclosed ladders, or other similar protective facilities are not adequate (for example, working from a swinging stage, boatswain chair, a similar support); or
      3. If adverse conditions such as darkness, steady rain, high wind, icing, lightning, or similar environmental factors render working at such height(s) hazardous.

15%
  1. Floating Targets. Servicing equipment on board a target ship or barge in which the employee is required to board or leave the target vessel by small boat or helicopter.

4%
  1. Dirty Work. Performing work which subjects the employee to soil of body or clothing:
    • Beyond that normally to be expected in performing the duties of the classification; and
    • Where the condition is not adequately alleviated by the mechanical equipment or protective devices being used, or which are readily available, or when such devices are not feasible for use due to health considerations (excessive temperature, asthmatic conditions, etc.), or
    • When the use of mechanical equipment, or protective devices, or protective clothing results in an unusual degree of discomfort.

4%
  1. Cold Work.
    • Working in cold storage or other climate-controlled areas where the employee is subjected to temperatures at or below freezing (0 degrees Celsius (32 degrees Fahrenheit)).
    • Working in cold storage or other climate-controlled areas where the employee is subjected to temperatures at or below freezing (0 degrees Celsius (32 degrees Fahrenheit)) where such exposure is not practically eliminated by the mechanical equipment or protective devices being used.

4%
  1. Hot Work.
    • Working in confined spaces wherein the employee is subjected to temperatures in excess of 43 degrees Celsius (110 degrees Fahrenheit).
    • Working in confined spaces wherein the employee is subjected to temperatures in excess of 43 degrees Celsius (110 degrees Fahrenheit) where such exposure is not practically eliminated by the mechanical equipment or protective devices being used.

4%
  1. Welding Preheated Metals. Welding various metals or performing an integral part of the welding process when the employee must work in confined spaces in which large sections of metal have been preheated to 66 degrees Celsius (150 degrees Fahrenheit) or more, and the discomfort is not alleviated by protective devices or other means, or discomforting protective equipment must be worn.

4%
  1. Micro-Soldering or Wire Welding and Assembly. Working with binocular-type microscopes under conditions which severely restrict the movement of the employee and impose a strain on the eyes, in the soldering or wire welding and assembly of miniature electronic components.

25%
  1. Exposure to Hazardous Weather or Terrain. Exposure to dangerous conditions of terrain, temperature, and/or wind velocity, while working or traveling when such exposure introduces risk of significant injury or death to employees, such as the following:

Examples:

  • Working on cliffs, narrow ledges, or steep mountainous slopes, with or without mechanical work equipment, where a loss of footing would result in serious injury or death.
  • Working in areas where there is a danger of rock falls or avalanches.
  • Traveling over secondary or unimproved roads to isolated mountain top installations at night, or under adverse weather conditions (snow, rain, or fog) which limits visibility to less than 30 meters (100 feet) when there is danger of rocks, mud, or snow slides.
  • Traveling in the wintertime, either on foot or by vehicle, over secondary or unimproved roads or snow trails, in sparsely settled or isolated areas to installations when there is danger of avalanches, or during “white-out” phenomenon which limits visibility to less than 3 meters (10 feet).
  • Working or traveling in sparsely settled or isolated areas with exposure to temperature and/or wind velocity shown to be of considerable or very great danger on the wind-chill chart in this appendix and shelter (other than temporary shelter) or assistance is not readily available.
  • Snowplowing or snow and ice removal on primary, secondary, or other class or roads, when (a) there is danger of avalanche or (b) there is danger of missing the road and falling down steep mountainous slopes, because of lack of snow stakes, “white-out” conditions, or sloping icepack covering the snow.

25%
  1. Un-Shored Work. Working in excavation areas before the installation of proper shoring or other securing barriers, or in catastrophe areas, where there is a possibility of cave-in, building collapse, or falling debris when such exposures introduce risk of significant injury or death to employees, such as the following:

Examples:

  • Working adjacent to the walls of an un-shored excavation at depths greater than 1.8 meters (6 feet), (except when the full depth of the excavation is in stable solid rock, hard slag, or hard shale or the walls have been graded to the angle of repose, that is, where the danger of slides is practically eliminated) when work is performed at a distance from the wall which is less than the height of the wall.
  • Working within or immediately adjacent to a building or structure which has been severely damaged by earthquake, fire, tornado, or similar cause.
  • Working underground in the construction and/or inspection of tunnels and shafts before the necessary lining of the passageway has been installed.
  • Duty underground in abandoned mines where lining of tunnels or shafts is in a deteriorated condition.

15%
  1. Groundwork Beneath Hovering Helicopter. Participating in operations to attach or detach external load to helicopter hovering just overhead.

15%
  1. Hazardous Boarding or Leaving of Surface Craft. Boarding or leaving vessels or transferring equipment to or from a surface craft under adverse conditions of foul weather, ice, or night when sea state is high (1 meter (3 feet) and above), and deck conditions and/or wind velocity in relation to the size of the craft introduce unusual risks to employees.

Examples:

  • Boarding or leaving vessels at sea.
  • Boarding or leaving, or transferring equipment between small boats or rafts and steep, rocky, or coral-surrounded shorelines.
  • Transferring equipment between a small boat and a rudimentary dock by improvised or temporary facility such as an unfastened plank leading from boat to dock.
  • Boarding or leaving, or transferring equipment from or to ice covered boats, rafts, or similar structures when there is danger of capsizing due to the added weight of the ice.

8%
  1. Cargo Handling During Lightering Operations. Off-loading of cargo and supplies from surface ships to Landing Craft-Medium (LCM) boats when swells or wave action are sufficiently severe as to cause sudden listing or pitching of the deck surface or shifting or falling of equipment, cargo, or supplies which could subject the employee to falls, crushing, ejection into the water, or injury by swinging cargo hooks.

15%
  1. Duty Aboard Surface Craft. Duty aboard a surface craft when the deck conditions or sea state and wind velocity in relation to the size of the craft introduce the risk of significant injury or death to employees, such as the following:
    • Participating as a member of a water search and rescue team in adverse weather conditions when winds are blowing at 56 km/h (35 m.p.h.) (Classified as gale winds) or in water search and rescue operations at night.
    • Participating as a member of a weather projects team when work is performed under adverse weather conditions, when winds are blowing at 56 km/h (35 m.p.h.) and/or when seas are in excess of 4.3 meters (14 feet) or when working on outside decks when decks are slick and icy and/or when swells are in excess of 1 meter (3 feet).
    • When embarking, disembarking, or traveling in small craft (boat) on Lake Pontchartrain when wind direction is from north, northeast, or northwest, and wind velocity is over 7.7 meters per second (15 knots); or when travel on Lake Pontchartrain is necessary in small craft, without radar equipment, due to emergency or un-avoiding conditions, and the trip is made in dense fog run procedures.
    • Participating in deep research vessel sea duty wherein the team member is engaged in handling equipment on or over the side of the vessel when the sea state is high, 6.2 meter-per-second (12-knot) winds and 1 meter (3 foot) waves, and the work is done on relatively unprotected deck areas.
    • Transferring from a ship to another ship via a chair harness hanging from a highline between the ships when both vessels are under way.
    • Duty performed on floating platforms, camels, or rafts, using tools, equipment, or materials associated with ship repair or construction activities, where swells or wave action are sufficiently severe to cause sudden listing or pitching of the deck surface or dislodgement of equipment which could subject the employee to falls, crushing, or ejection into the water.

50%
  1. Work at Extreme Heights. Working at heights 30 meters (100 feet) or more above the ground, deck, floor, or roof, or from the bottom of a tank or pit on such open structures as towers, girders, smokestacks, and similar structures:
    • If the footing is unsure or the structure is unstable; or
    • If safe scaffolding, enclosed ladders, or other similar protective facilities are not adequate (for example, working from a swinging stage, boatswain chair, or a similar support); or
    • If adverse conditions such as darkness, steady rain, high winds, icing, lightning, or similar environmental factors render working at such height(s) hazardous.

6%
  1. Fibrous Glass Work. Working with or in close proximity to fibrous glass material which results in exposure of the skin, eyes, or respiratory system to irritating fibrous glass particles or slivers where exposure is not practically eliminated by the mechanical equipment or protective devices being used.

50%
  1. High Voltage Electrical Energy. Working on energized electrical lines rated at 4,160 volts or more which are suspended from utility poles or towers, when adverse weather conditions such as steady rain, high winds, icing, lightning, or similar environmental factors make the work unusually hazardous.

6%
  1. Welding, Cutting, or Burning in Confined Spaces. Welding, cutting, or burning within a confined space which necessitates working in a horizontal or nearly horizontal position, under conditions requiring egress of at least 4.3 meters (14 feet) over and through obstructions including:
    • Access openings and baffles having dimensions which greatly restrict movements, and
    • Irregular inner surfaces of the structure or structural components.

Part II. Payment on Basis of Hours in Pay Status

Diff. Rate

PART II. PAYMENT ON BASIS OF HOURS IN PAY STATUS

An employee receives the differential for all hours in pay status during the calendar day in which the hazardous duty is performed.

50%
  1. Duty Aboard Submerged Vessel. Duty aboard a submarine or other vessel, such as a deep-research vehicle while submerged.

8%
  1. Explosives and Incendiary Material - High Degree Hazard. Work with or in close proximity to explosives and incendiary material which involves potential personal injury such as permanent or temporary, partial or complete loss of sight or hearing, partial or complete loss of any or all extremities; other partial or total disabilities of equal severity; and/or loss of life resulting from work situations wherein protective devices and/or safety measures either do not exist or have been developed but have not practically eliminated the potential for such personal injury. Normally, such work situations would result in extensive property damage requiring complete replacement of equipment and rebuilding of the damaged area; and could result in personal injury to adjacent employees.

Examples:

  • Working with, or in close proximity to operations involved in research, in testing, manufacturing, inspection, renovation, maintenance, and disposal, such as:
  • Screening, blending, drying, mixing, and pressing of sensitive explosives and pyrotechnic compositions such as lead azide, black powder, and photoflash powder.
  • Manufacture and distribution of raw nitroglycerine.
  • Nitration, neutralization, crystallization, purification, screening, and drying of high explosives.
  • Manufacture of propellants, high explosives, and incendiary materials.
  • Melting, cast loading, pellet loading, drilling, and thread cleaning of high explosives.
  • Manufacture of primary or initiating explosives such as lead azide.
  • Manufacture of primer or detonator mix.
  • Loading and assembling high-energy output flare pellets.
  • All dry-house activities involving propellants or explosives.
  • Demilitarization, modification, renovation, demolition, and maintenance operations on sensitive explosives and incendiary materials.
  • All operations involving firefighting on an artillery range or at an ammunition manufacturing plant or storage area, including heavy duty equipment operators, truck drivers, etc.
  • All operations involving regrading and cleaning of artillery ranges.
  • At-sea shock and vibration tests. Arming explosive charges and/or working with, or in the close proximity to, explosive-armed charges in connection with at-sea shock and vibration tests of naval vessels, machinery, equipment, and supplies.
  • Handling or engaging in destruction operations on an armed (or potentially armed) warhead.

4%
  1. Explosives and Incendiary Material - Low Degree Hazard.
    • Working with or in close proximity to explosives and incendiary material which involves potential injury such as laceration of hands, face, or arms of the employee engaged in the operation and possible adjacent employees; minor irritation of the skin; minor burns and the like; minimal damage to immediate or adjacent work area or equipment being used.
    • Working with or in close proximity to explosives and incendiary material which involves potential injury such as laceration of hands, face, or arms of the employee engaged in the operation and possible adjacent employees; minor irritation of the skin; minor burns and the like; minimal damage to immediate or adjacent work area or equipment being used and wherein protective device and/or safety measures have not practically eliminated the potential for such injury.

Examples:

  1. All operations involving loading, unloading, storage, and hauling of explosive and incendiary ordnance material other than small arms ammunition. (Distribution of raw nitroglycerine is covered under high degree hazard—see category 2 above.)
  2. Duties such as weighing, scooping, consolidating, and crimping operations incident to the manufacture of stab, percussion, and low energy electric detonators (initiators) utilizing sensitive primary explosives compositions where initiation would be kept to a low order of propagation due to the limited amounts permitted to be present or handled during the operations.
  3. Load, assembly, and packing of primers, fuses, propellant charges, lead cups, boosters, and time-train rings.
  4. Weighing, scooping, loading in bags, and sewing of ignitor charges and propellant zone charges.
  5. Loading, assembly, and packing of hand-held signals, smoke signals, and colored marker signals.
  6. Proof-testing weapons with a known overload of power or charges.
  7. Arming/disarming or the packing of hand-held signals, smoke signals, and colored marker signals.
  8. Proof-testing weapons with a known overload of power or charges.
  9. Arming/disarming or the installation/removal of any squib, explosive device, or component thereof, connected to or part of a solid propulsion system, including work situations involving removal, inspection, test, and installation of aerospace vehicle egress and jettison systems and other cartridge-actuated devices and rocket-assisted systems or components thereof, when accidental or inadvertent operation of the system or component might occur.

8%
  1. Poisons (Toxic Chemicals) - High Degree Hazard. Working with or in close proximity to poisons (toxic chemicals), other than tear gas or similar irritants, which involves potential serious personal injury such as permanent or temporary, partial or complete loss of faculties and/or loss of life including exposure of an unusual degree to toxic chemicals, dust, or fumes of equal toxicity generated in work situations by processes required to perform work assignments wherein protective devices and/or safety measures have been developed but have not practically eliminated the potential for such personal injury.

Examples:

  • Handling and storing toxic chemical agents including monitoring of areas to detect presence of vapor or liquid chemical agents; examining of material for signs of leakage or deteriorated material: decontaminating equipment and worksites; work relating to disposal of deteriorated material (exposure to conjunctivitis, pulmonary edema, blood infection, impairment of the nervous system, possible death).
  • Renovation, maintenance, and modification of toxic chemicals, guided missiles, and selected munitions.
  • Operating various types of chemical engineering equipment in a restricted area such as reactors, filters, stripping units, fractioning columns, blenders, mixers, pumps, and the like utilized in the development, manufacturing, and processing of toxic or experimental chemical warfare agents.
  • Demilitarizing and neutralizing toxic chemical munitions and chemical agents.
  • Handling or working with toxic chemicals in restricted areas during production operations.
  • Preparing analytical reagents, carrying out calorimetric and photometric techniques, injecting laboratory animals with compounds having toxic, incapacitating, or other effects.
  • Recording analytical and biological test results where subject to above types of exposure.
  • Visually examining chemical agents to determine conditions or detect leaks in storage containers.
  • Transferring chemical agents between containers.
  • Salvaging and disposing of chemical agents.

4%
  1. Poisons (Toxic Chemicals) - Low Degree Hazard.
    • Working with or in close proximity to poisons (toxic chemicals other than tear gas or similar irritating substances) in situations for which the nature of the work does not require the individual to be in as direct contact with, or exposure to, the more toxic agents as in the case with the work described under high hazard for this class of hazardous agents.
    • Working with or in close proximity to poisons (toxic chemicals other than tear gas or similar irritating substances) in situations for which the nature of the work does not require the individual to be in as direct contact with, or exposure to, the more toxic agents as in the case with the work described under high hazard for this class of hazardous agents and wherein protective devices and/or safety measures have not practically eliminated the potential for personal injury.

Example:

Handling for shipping, marking, labeling, hauling, and storing loaded containers of toxic chemical agents that have been monitored.

8%
  1. Micro-Organisms - High Degree Hazard. Working with or in close proximity to micro-organisms which involves potential personal injury such as death, or temporary, partial, or complete loss of faculties or ability to work due to acute, prolonged, or chronic disease. These are work situations wherein the use of safety devices and equipment, medical prophylactic procedures such as vaccines and antiserums, and other safety measures do not exist or have been developed but have not practically eliminated the potential for such personal injury.

Examples:

  • Direct contact with primary containers of organisms pathogenic for man such as culture flasks, culture test tubes, hypodermic syringes and similar instruments, and biopsy and autopsy material. Operating or maintaining equipment in biological experimentation or production.
  • Cultivating virulent organisms on artificial media, including embryonated hen's eggs and tissue cultures where inoculation or harvesting of living organisms is involved for production of vaccines, oxides, etc., or for sources of material for research investigations such as antigenic analysis and chemical analysis.

4%
  1. Micro-Organisms - Low Degree Hazard.
    • Working with or in close proximity to micro-organisms in situations for which the nature of the work does not require the individual to be in direct contact with primary containers of organisms pathogenic for man, such as culture flasks, culture test tubes, hypodermic syringes and similar instruments, and biopsy and autopsy material.
    • Working with or in close proximity to micro-organisms in situations for which the nature of the work does not require the individual to be in direct contact with primary containers of organisms pathogenic for man, such as culture flasks, culture test tubes, hypodermic syringes and similar instruments, and biopsy and autopsy material and wherein protective devices and/or safety measures have not practically eliminated the potential for personal injury.

8%
  1. Pressure Chamber and Centrifugal Stress. Exposure in pressure chambers which subjects employee to physical stresses or where there is potential danger to participants by reason of equipment failure or reaction to the test conditions; or exposure which subjects an employee to a high degree of centrifugal force which causes an unusual degree of discomfort. Examples:
    • Participating as a subject in diving research tests which seek to establish limits for safe pressure profiles by working in a pressure chamber simulating diving or, as an observer to the test or as a technician assembling underwater mock-up components for the test, when the observer or technician is exposed to high pressure gas piping systems, gas cylinders, and pumping devices which are susceptible to explosive ruptures.
    • Participating in altitude chamber studies ranging from 5,500 to 45,700 meters (18,000 to 150,000 feet) either as subject or as observer exposed to the same conditions as the subject.
    • Participating as subject in centrifuge studies involving elevated G forces above the level of 49 meters per second5 (5 G's) whether or not at reduced atmospheric pressure.
    • Participating as a subject in a rotational flight simulator in studies involving continuous rotation in one axis through 360º at rotation rates greater than 15 r.p.m. for periods exceeding 3 minutes.

8%
  1. Work in Fuel Storage Tanks. When inspecting, cleaning, or repairing fuel storage tanks where there is no ready access to an exit, under conditions requiring a breathing apparatus because all or part of the oxygen in the atmosphere has been displaced by toxic vapors or gas, and failure of the breathing apparatus would result in serious injury or death within the time required to leave the tank.

25% or 8%
  1. Firefighting. Participating or assisting in firefighting operations on the immediate fire scene and in direct exposure to the hazards inherent in containing or extinguishing fires.
    • 25%: High degree - Fighting forest and range fires on the fireline.
    • 8%: Low degree - All other firefighting.

8%
  1. Experimental Landing/Recovery Equipment Tests. Participating in tests of experimental or prototype landing and recovery equipment where personnel are required to serve as test subjects in spacecraft being dropped into the sea or laboratory tanks.

8%
  1. Land Impact or Pad Abort of Space Vehicle. Actual participation in de-arming and safing explosive ordnance, toxic propellant, and high pressure vessels on vehicles that have land impacted or on vehicles on the launch pad that have reached a point in the countdown where no remote means are available for returning the vehicle to a safe condition.

4%
  1. Mass Explosives and/or Incendiary Material. Working within a controlled danger area in, on, or around wharves, transfer areas, or temporary holding areas in a transshipment facility where explosives are in the process of being shifted to or from a conveyance. Such an area shall include land and sea areas within which it has been determined that personnel are subject to an unusual degree of exposure or liability to serious injury or death from potential explosive effect. A transshipment facility for this purpose is a port or sea terminal established for the marshaling or temporary assembly of explosives prior to shipment where amounts in excess of 11,340 kilograms (250,000 pounds) net explosive weight (NEW) are present on a regular and recurring basis.

4%
  1. Duty Aboard Aircraft Carrier. Duty aboard an aircraft carrier when exposed to hazards connected with aircraft launch and recovery.

Examples:

  • Participating in carrier suitability trials aboard aircraft carriers when work is performed on the flight deck during launch, recovery, and refueling operations.
  • Operating or monitoring camera equipment adjacent to flight deck in the area of maximum hazard during landing sequence while conducting photographic surveys aboard aircraft carriers during periods of heavy aircraft operations.

8%
  1. Participating in Missile Liquid Propulsion or Solid Propulsion Situations. Participating in research and development, or preoperational test and evaluation situations involving missile liquid or solid propulsion systems where a mechanical or other equipment malfunction, or accidental combination of certain fuels and/or chemicals, or transient voltage and current buildup on or within the system when the system is in a “go” condition on the test stand, or sled, can result in explosion, fire, premature ignition, or firing.

Examples:

  • Test stand or tract tests, when adequate protective devices and/or safety measures either do not exist or have been developed but have not practically eliminated the potential for personal injury, under any of the following conditions:
    • Tanks are being pressurized above normal servicing pressure.
    • Assembling, disassembly, or repair of contaminated plumbing containing inhibited red fuming nitric acid and unsymmetrical dimethyl hydrazine or other hypergolic fuels is required.
    • Fueling and defueling.
  • Hoisting hypergolic liquid fueled systems into, or out of a test stand, where the work area is confined, and external plumbing is present resulting in a situation where the plumbing may be damaged causing a leak.
  • Tests on foreign missiles where technical data is questionable or not available.
  • Manned test firings of small, close support missiles for which safety performance data are not yet available.
  • Removal of a missile, missile propulsion system, or component thereof from a test stand, fixture, or environmental chamber where there is reason to believe that the item may be unusually hazardous due to damage resulting from the test.

8%
  1. Asbestos. Working in an area where airborne concentrations of asbestos fibers may expose employees to potential illness or injury. This differential will be determined by applying occupational safety and health standards consistent with the permissible exposure limit promulgated by the Secretary of Labor under the Occupational Safety and Health Act of 1970 as published in title 29, Code of Federal Regulations, §§ 1910.1001 or 1926.1101. Regulatory changes in §§ 1910.1001 or 1926.1101 are hereby incorporated in and made a part of this category, effective on the first day of the first pay period beginning on or after the effective date of the changes.

8%
  1. Working at High Altitudes. Performing work at a land-based worksite more than 3,900 meters (12,795 feet) in altitude, provided the employee is required to commute to the worksite on the same day from a substantially lower altitude under circumstances in which the rapid change in altitude may result in acclimation problems.
Federal Holidays

Overview

This section provides guidance on Federal holidays, when you are excused from work on a Federal holiday, in-lieu of holidays, holiday premium pay, and how to determine which day is your holiday.

References

Title 5 U.S.C. 5546; 5 U.S.C. 6103; 5 U.S.C. 6104; and 5 U.S.C. 6124 prescribe the statutory requirements for Federal holidays and pay on a holiday and the implementing regulations are in 5 CFR 550.103; 5 CFR 550, Subpart A; 5 CFR 610, Subpart B; 5 CFR 610.405; 5 CFR 610.406; and 5 CFR 610.407. Also see Office of Personnel Management (OPM) Fact Sheets: Holidays Work Schedules and Pay and Federal Holidays - "In Lieu Of" Determination.

There are 11 Federal Holidays Each Year

#

Holiday

Day

1

New Year’s Day

January 1

2

Birthday of Martin Luther King Jr.

Third Monday in January

3

Washington’s Birthday

Third Monday in February

4

Memorial Day

Last Monday in May

5

Juneteenth National Independence Day

June 19

6

Independence Day

July 4

7

Labor Day

First Monday in September

8

Columbus Day

Second Monday in October

9

Veteran’s Day

November 11

10

Thanksgiving

Fourth Thursday in November

11

Christmas

December 25

Special Holidays: Inauguration Day (for Washington, D.C., metropolitan area only) and any day designated a holiday by Federal Statute or Executive Order.

General Information

Holidays and in-lieu of holidays must be observed on the specific days indicated below:

  1. When the holiday falls on the employee’s regular workday, that day is their holiday.
  2. When the holiday falls on the employee’s non-workday, their in-lieu of holiday is the workday immediately before the holiday. There are three exceptions to this rule:
    • If the holiday falls on Sunday, and Sunday is a non-workday for the employee (or, for an employee whose basic workweek includes Sunday, a non-workday designated as the employee’s in-lieu of Sunday non-workday), the next workday will be the employee’s designated in-lieu of holiday. (See 5 U.S.C. 6103 and Executive Order 11582, February 11, 1971)
    • If Inauguration Day falls on a non-workday (this only applies to employees in the Washington, DC area), an employee may not receive an in-lieu of holiday.
    • The head of the agency may determine a different in-lieu of holiday if necessary to prevent an adverse agency impact. They may designate a different in-lieu of holiday for full-time employees under a compressed work schedule (CWS). The authority may be redelegated to the first Senior Executive Service (SES) member in the employee’s supervisory chain. An adverse agency impact means the following: reduction of productivity of the agency; a diminished level of service furnished to the public by the agency; or an increase in the cost of agency operations. (See 5 U.S.C. 6103(d) and 6131(b))

Agencies may not designate or permit employees to choose a different in-lieu of holiday.

How to Determine Your Holiday

Refer to OHRM advisory dated January 25, 2022, In-Lieu of Holidays, Attachment 2: Determining Your Holiday (PDF, 240 KB), for tables and directions to help you determine which day is observed as your holiday. Your scheduled tour of duty remains the same - if the holiday falls on your regular day off, then it’s the holiday that floats creating the “in-lieu of holiday”.

Paid Holiday Time Off

What is paid holiday time off?

Employees are entitled to a day of pay when prevented from working solely because of the occurrence of a legal public holiday. (See 5 U.S.C. 6104)

Eligibility

Who is eligible for holiday paid time off?

Permanent, temporary, and term employees are eligible for paid holiday time off on the first day of their appointment.

Part-time employees are eligible when a holiday falls on a regular workday.

Intermittent employees may not receive pay when no work is done on a holiday.

Is everybody eligible for an in-lieu of holiday?

No. Only full-time employees are entitled to an in-lieu of holiday when a holiday falls on a non-workday. Part-time employees are not eligible for an in-lieu of holiday when a holiday falls on a non-workday.

Number of Hours

How many hours of paid holiday time off can I claim?

Full-time employees excused from work on a Federal holiday receive:

  • Flexible Work Schedule: 8 hours.
  • Standard Work Schedule: 8 hours.
  • Compressed Work Schedule: The number of hours scheduled to work on that day (either 8, 9, or 10 hours).
  • First-40 Work Schedule: 8 hours.
  • Intermittent: 0 hours. Intermittent employees cannot be paid when no work is performed on a holiday because they do not have a regularly scheduled administrative workweek.

Part-Time

I am a part-time employee. Do I receive paid holiday time off?

Depends if you are regularly scheduled to work on the holiday or not. A part-time employee regularly scheduled to work on a holiday and who is excused from duty is entitled to the number of hours they were regularly scheduled to work on that day, not to exceed 8 hours. (If under a CWS then either 8, 9, or 10 hours).

  • Holiday Falls on a Regular Workday. For example, a holiday falls on Monday and you are scheduled to work 6 hours on that Monday and are excused from duty. You receive 6 hours of paid holiday time off.
  • Holiday Falls on a Non-workday. For example, a holiday falls on Monday and Monday is not a regularly scheduled workday. You may not receive paid holiday time off and you may not receive an in-lieu of holiday.

Flex to Work 10 Hours

I am under a flexible work schedule and work 10 hours a day. Do I receive 10 hours of paid holiday time off?

No. If you are under a flexible work schedule, you may not receive more than 8 hours of paid holiday time off. (See 5 U.S.C. 6124)

  • For example, you are on a maxiflex schedule and you like to flex so you can work 10-hour days and your supervisor has approved the work arrangement. You flex to work 10 hours on Mondays, but Monday is a holiday. You can only claim 8 hours of paid holiday time off and will need to make up the other 2 hours throughout the week by working more hours or by taking leave.

Night Pay

Do I receive night pay when I’m off on a holiday?

If you’re regularly scheduled to work at night, then you are entitled to night pay when excused from work on a holiday. If you are not regularly scheduled to work at night, then you may not code night pay when excused from work on a holiday. (See 5 U.S.C. 5545).

  • For example, you’re regularly scheduled to work M-F from 3pm to 11:30pm and Monday is a holiday. If working at night is part of your regularly scheduled tour of duty, you are entitled to code night pay along with the paid holiday time off hours.

Sunday Pay

Do I receive Sunday pay when I’m off on a holiday?

No. If the holiday falls on Sunday, employees who are regularly scheduled to work on Sunday and who are excused from work on the holiday may not receive Sunday premium pay. Sunday pay may only be paid for actual work performed on a Sunday and may not be paid during periods of paid leave. (See 5 CFR 550.103)

  • For example, you’re on a compressed work schedule and regularly scheduled Sun-Wed from 6:30am to 5pm and Sunday is the holiday. You are off work on the holiday and may not receive Sunday pay.

Leave Without Pay (LWOP)

If I have been on LWOP, can I receive paid holiday time off?

You must be in a pay status (TC-01 – Regular Base Pay, etc.) or paid time off status (TC-61 – Annual Leave, TC-62 – Sick Leave, etc.) on your scheduled workday immediately before or immediately after the holiday in order to receive paid holiday time off. (See OPM Factsheet, Holidays Work Schedules and Pay and B-187520, February 22, 1977)

  • The minimum time in a pay status required to receive regular paid holiday time off is one hour.
  • If you are in non-pay status (LWOP, AWOL, etc.) on the workday before and after the holiday, you may not receive paid holiday time off.
  • If you are in a continuous period of non-pay status, you may not be placed in a pay status solely to receive pay for the holiday.

Been on LWOP. For example, you normally work M-F but you’ve been on LWOP.

  • The holiday is Monday.
  • You were on LWOP on Friday (the workday before the holiday).
  • You were on LWOP on Tuesday (the workday after the holiday).
  • You may not receive paid holiday time off.

On LWOP but Worked the Workday After the Holiday. For example, you normally work M-F but you’ve been on LWOP.

  • The holiday is Monday.
  • You were on LWOP on Friday (the workday before the holiday).
  • You worked on Tuesday (the workday after the holiday).
  • You are entitled to paid holiday time off.

Called in Sick the Workday Before the Holiday and the Workday After the Holiday. For example, you normally work M-F but call in sick before the holiday.

  • The holiday is on Monday.
  • You call in sick on Friday and use your accrued sick leave (the workday before the holiday).
  • You also call in sick on the following Tuesday and use your accrued sick leave (the workday after the holiday).
  • You are entitled to paid holiday time off.

Early Release

Can I release my employees early before a holiday?

No. Agencies do not have the authority to release an employee early prior to a holiday. Only the Secretary or Assistant Secretary for Administration (or designee), may grant administrative leave for early release prior to a holiday for USDA employees.

Agencies may not grant administrative leave in addition to that authorized by the Secretary. For example, if the Secretary authorizes a 2-hour early dismissal, agencies may not grant employees 1 additional hour.

New Employee

If the holiday was on Monday and my new employee started on Tuesday, do they receive paid holiday time off?

A new employee who enters on duty and takes the Oath of Office the day following a holiday (with an appointment effective date on the holiday or on the day before the holiday) is entitled to pay for the holiday.

Switching In-Lieu of Days

Can I switch my in-lieu of day so I can have a long weekend?

No. You cannot choose which day you want to take as your in-lieu of holiday. Holidays and in-lieu of holidays are mandated by statute and Executive Order and it is based on your scheduled tour of duty.

In-Lieu of Holiday in Previous Pay Period

Can my in-lieu of holiday be in last pay period?

Yes. When the holiday falls on your non-workday, your in-lieu of holiday is the workday immediately before the holiday (unless an exception applies), and your in-lieu of holiday could be in the previous pay period.

  • For example, an employee’s regular workdays are Tuesday through Saturday, and non-workdays are Sunday and Monday. If the holiday falls on Monday, their in-lieu of holiday is Saturday in the prior workweek (even if that Saturday fell in a prior pay period).

What if I did not know I was supposed to take my in-lieu of holiday last week?

Most in-lieu of holiday designations will be known in advance of the completion of the pay period. While an agency may not change an alternate work schedule (AWS) employee’s in-lieu of holiday, the employee may reschedule their AWS day off consistent with agency policy.

  • For example, an employee is on a maxiflex work schedule and flexes to work a 5-4/9 schedule, Monday to Friday, with the first Monday of each pay period off. The holiday falls on the first Monday of the pay period, which is the employee’s AWS day off. Friday in the previous pay period would be the employee’s designated in-lieu of holiday. However, the employee changes their AWS day off from Monday to Tuesday. Monday is now the employee’s holiday and the employee’s AWS day off is now Tuesday (now the employee’s holiday and AWS day off, both occur in the same pay period).

Two Holidays in One Pay Period

How many hours of holiday paid leave can I receive when there are 2 holidays in one pay period?

Flexible Work Schedule. A full-time employee on a flexible work schedule receives 8 hours of paid holiday time off so when 2 (or more) holidays fall in 1 pay period, full-time employees who flex to work more than 8 hours in a day will need to work extra hours during the pay period or take leave (annual, credit, comp) to account for 80 base hours.

  • For example, you’re on maxiflex and flex to work 9-hour days. There are 2 holidays in the pay period, so you receive 8 hours of holiday paid leave for each holiday (8 + 8 = 16 hours total) and take 2 hours of annual leave to fulfill your basic biweekly requirement.

Compressed Work Schedule. An employee on a compressed work schedule receives paid holiday time off for each day they were scheduled to work on the holiday.

  • For example, you’re on a 4x10 CWS and 2 holidays fell in the same pay period. You receive 10 hours of holiday paid leave for each holiday (10 + 10 = 20 hours total).

Executive Order for Half-Day Holiday

How many hours of paid holiday time off do I receive if the President issues an Executive Order for a “half-day holiday”?

  • Flexible Work Schedule. Employees receive half the number of hours they were scheduled to work, up to 4 hours.
  • Standard Work Schedule. Employees receive 4 hours of paid holiday time off.
  • Compressed Work Schedule. Employees receive half the number of hours they were scheduled to work that day, up to 5 hours.

Holiday Premium Pay

What is holiday premium pay?

An employee who is regularly scheduled and approved to work on a holiday receives their rate of basic pay, plus holiday premium pay (double time), for each hour of holiday work.

  • TC-31: Holiday Worked + TC-66: Holiday Paid Time Off = Double Time

Remember, holiday pay is double time and overtime pay is 1 ½ times.

Eligibility for Holiday Premium Pay

Who is eligible for holiday premium pay?

Permanent, temporary, and term employees are eligible for holiday premium pay, when scheduled and approved in advance by their supervisor to perform non-overtime work during their regularly scheduled tour of duty on the holiday.

Intermittent employees are not eligible for holiday premium pay.

SES members are not eligible for holiday premium pay.

Number of Hours of Double Time

How many hours of double time can I claim?

Full-time employees required to perform non-overtime work during their regularly scheduled tour of duty on a Federal holiday receive:

  • Flexible Work Schedule: Up to 8 hours.
  • Standard Work Schedule: Up to 8 hours.
  • Compressed Work Schedule: Up to 8, 9, or 10 hours (depending on their scheduled tour for that day).
  • Part Time Employees: Up to 8 hours (or if under a CWS then either 8, 9, or 10 hours).
  • First-40 Tour of Duty: Up to 8 hours.
  • Intermittent Employees: 0 hours. Intermittent employees who are ordered to work on a holiday are not entitled to holiday premium pay but are entitled to straight time pay for up to 8 hours worked on a holiday.

Worked 9 Hours

What if I worked 9 hours on the holiday?

If you are on a flexible work schedule and your supervisor directed you to work 9 hours on the holiday, you code 8 hours as holiday premium pay and the additional hour as overtime (or comp time off in-lieu of overtime, if applicable). You can’t code 9 hours as double time.

Worked at Night, on Sunday, on a Holiday

What if I’m scheduled to work at night, on a Sunday, and that Sunday falls on a holiday?

Holiday premium pay is in addition to overtime, Sunday pay, and night pay. Each entitlement to premium pay is computed separately and no compounding occurs if an employee is entitled to more than 1 type of premium pay for the same hour of work. That means if you’re regularly scheduled to work on Sunday, at night, and that day falls on a holiday, then you receive:

Sunday pay (25%) + night pay (10%) + holiday pay (double time) = a lot of money

Can’t Claim the Same Holiday Twice

Can I claim my in-lieu of holiday on one day and then claim double time on the actual holiday?

No. You can’t claim the same Federal holiday twice.

For example, your tour of duty is M-F; the fourth of July holiday falls on Saturday so your in-lieu of holiday is Friday.

  • Friday is your in-lieu of holiday and you receive 8 hours of paid holiday time off.
  • But then overtime is approved for Saturday (the holiday).
  • You work 8 hours on Saturday, but you can’t code holiday worked because you’ve already claimed your in-lieu of holiday on Friday. You code 8 hours of paid holiday time off on Friday (your in-lieu of holiday) and 8 hours of overtime on Saturday.

Travel on a Holiday

To the extent practicable, employees should not be required to travel on a holiday. However, if required to travel on the holiday you are entitled to your rate of basic pay for the hours that correspond to your daily tour of duty (coded as holiday paid leave), unless the travel is considered hours of work under 5 CFR 550.112(g) and 5 CFR 551.422 (coded as holiday worked). (Also see OPM Fact Sheet: Compensatory Time Off for Travel - Questions & Answers)

How do I code my timesheet if I travel on a holiday?

Paid Holiday Time Off. If you travel on a holiday during your regular tour of duty and the travel is not considered hours of work, the time spent traveling is coded as paid holiday time off.

Travel Comp. If you travel on a holiday outside your regular tour of duty, the time spent traveling is coded as travel comp unless the travel is considered hours of work.

Holiday Premium Pay. You may not earn holiday premium pay (double time) for travel during your regular tour of duty, or overtime for travel outside your regular tour of duty, unless the travel is considered hours of work.

  • For example, your scheduled tour of duty is M-F from 7am to 3:30pm. Monday is a holiday, but you’re scheduled to travel on Monday by air to attend training that is scheduled on T-F. You travel from 1pm to 6pm. Your timesheet is coded with 8 hours of holiday paid time off from 7am to 3:30pm and 2 ½ hours travel comp from 3:30pm to 6pm.
  • For example, Monday is a holiday, but a special project came up and you are scheduled to work on Monday from 8am to 4:30pm. The first half of your shift will be performing work at your regular worksite, but you will need to drive to an alternate worksite for the second half of your shift. You arrive at your regular worksite at 8am and perform work as normal until 12pm, take a 30-min lunch, and then drive 100 miles to the alternate worksite. The work takes longer than anticipated and your supervisor approves overtime. You end work at 7pm and then drive home (1 hour 15 min travel time (15 min home to work travel)). You code 8 hours of holiday worked (double time) from 8am to 4:30pm, 2 ½ hours of overtime from 4:30pm to 7pm, and 1 hour travel comp from 7pm to 8pm.

Attending Training on a Holiday

Can I claim holiday premium pay for training?

Title 5 generally prohibits payment of any form of premium pay for time spent in training. Due to the restrictions imposed and the limited exceptions, it is rarely appropriate to authorize premium pay for training-related activities that take place outside regular working hours. Premium pay may not be paid for training unless it meets one of the exceptions under 5 CFR 410.402:

  1. Continuation of Premium Pay. Already receiving premium pay (overtime, night, Sunday, or holiday pay) based on the employee’s regularly scheduled tour of duty (this exception does not apply to long-term, full-time training).
  2. Training at Night. Receiving training which is being given at night because situations the employee must learn to handle occur only at night.
  3. Cost Savings. The cost of the training (including overtime, holiday, or Sunday pay) is less expensive than conducting the training during regular work hours. A cost comparison in required.
  4. Continuation of AUO or LEAP. AUO or LEAP continues through periods of training; however, continued payment of premium pay for AUO is limited by regulations. (See 5 CFR 550.162(c) and 5 CFR 550.151)
  5. OPM Exception. You ask for an exception and OPM grants it, in writing.

Additional Exceptions for Nonexempt Employees. Time spent in training outside of regular working hours is considered hours of work and subject to the payment of overtime, comp time, or AUO, if applicable, if: (see 5 CFR 551.423)

  1. The employee is directed by supervision to take the training, in that the employee’s performance or continued retention in their current position would be adversely affected by non-enrollment in the training course; and
  2. The purpose of the training is to improve the employee’s performance in their current position (the training is to maintain or improve the employee’s performance of assigned duties to the fully successful level), including remedial or refresher training or training to learn a new process, technique or technology of the employee’s current position (as opposed to upward mobility training or other courses designed to provide skills beyond those necessary in the current position, which is not compensable under the FLSA).

Time spent by an employee performing work for the agency during a period of training is hours of work.

Hazard Pay

Overview

Hazardous duty is duty performed under circumstances in which an accident could result in serious injury or death or causes extreme physical discomfort or distress and is not adequately alleviated by protective or mechanical devices.

General Schedule (GS) employees are entitled to receive hazard pay when exposed to unusual physical hardship or hazardous duty for which a differential has been established in 5 CFR 550, Subpart I, Appendix A, Schedule of Pay Differentials Authorized for Hazardous Duty.

Hazard pay entitlement is based upon the inability to mitigate the hazard. If there are safeguards, protocols, and equipment in place to greatly minimize the risk then hazard pay is not payable.

References

Title 5 U.S.C. 5545 regulates hazardous duty differential for General Schedule (GS) employees. The implementing regulations are found under Title 5 CFR Part 550 Subpart I and the schedule of pay differentials authorized for hazardous duty under Subpart I can be found under Appendix A to Subpart I of Part 550.

Eligibility

Who is eligible for hazard pay?

Permanent, temporary, term, and intermittent employees under the GS pay plans are entitled to hazard pay when the requirements have been met.

Employees under the Federal Wage System (WG/WL/WS) are covered by Environmental Differential Pay and are not eligible for hazard pay. (See Environmental Differential section)

Employees under the AD pay plan and SES members are not eligible to receive hazard pay.

Rate

Is hazard pay a flat rate of 25%?

No. Although most hazardous differential rates are 25%, the rate you receive is based upon the rate as indicated in the hazard table. For example, “hot work” is 4%.

All Hours in Pay Status

Do I receive hazard pay for all hours in pay status?

Yes. If you are performing duties for which hazard pay is authorized, you receive the hazard pay differential for all hours in pay status during the calendar day in which the hazardous duty is performed.

Hours in pay status means all hours in which you worked or took leave during that 24-hour period.

The 24-hour period is midnight to midnight (midnight becomes the automatic cutoff time).

If you work past midnight into the next day, you earn entitlement to hazard pay for 2 days only when exposed to the hazard before and after midnight.

  • For example, your tour of duty starts Tuesday night at 1800 and ends Wednesday morning at 0230. You’re exposed to a hazard before midnight, but you weren’t exposed to the hazard after midnight. Your timesheet is coded with hazard pay differential for 5.5 hours only (1800-2400).

Only Exposed for a Few Minutes

What if I’m only exposed to a hazardous condition for 30 minutes?

There is no minimum time requirement for exposure to earn entitlement to hazard pay. Any amount of actual exposure during a calendar day entitles you to hazard pay for all compensable hours that day. (See 5 CFR 550.905(a))

On Paid Leave

If I perform a hazardous duty and then take leave, do I still get hazard pay?

Yes. If you perform a hazardous duty on a day when you also take leave, you receive hazard pay during the hours you took paid leave.

  • For example, you perform a hazardous duty for 1 hour and then take annual leave for the 7 hours remaining in your workday. You’re paid hazard pay for the entire 8-hour workday.

LWOP

Can I receive hazard pay during periods of leave without pay?

No. Hazard pay may only be paid while you are in a pay status (TC-01, etc.) or paid time off status (TC-62, etc.). Hazard pay can’t be paid during a period of non-pay status (LWOP, AWOL, furlough, etc.). (See 5 CFR 550.905(a))

Overtime

Do I receive hazard pay during my overtime hours?

Yes. Hazard pay is paid for all hours in pay status on the day you are exposed to the hazardous condition (midnight to midnight), including overtime hours. (See 5 CFR 550.905)

List the Hazard on your T&A

Do I need to list the hazardous condition on my timesheet?

Yes. When claiming hazard pay differential, record the hazardous duty that was performed under the “Remarks” section on the timesheet for audit purposes.

  • For example; “25% hazard pay claimed on 7/14 for firefighting”.

Exposed to Two Hazards

How do I code my timesheet if I’m exposed to 2 different hazards?

Each hazardous duty has a specific percentage rate that applies to that hazardous duty. You can receive hazard pay for performing more than one hazardous duty in a day, but the total hazard pay percentage rate for the day can’t exceed 25%.

  • For example, you were working at high altitudes (8%) during the day and then sent on initial attack for firefighting at night (25%). Even though you were exposed to 2 hazards, you can’t receive more than 25% hazard pay in the day.

AUO and LEAP

Can an employee who receives administratively uncontrollable overtime (AUO) or law enforcement availability pay (LEAP) also receive hazard pay?

Yes. You just can’t code the hazard pay with your AUO or LEAP hours. (See 5 CFR 550.905(b))

  • For example, you’re scheduled to work 8 hours for an eradication operation where illegal pesticides are present and adequate safeguards aren’t in place to significantly minimize the risk. You end up working 11 hours total (8 base + 3 AUO). The 8 base hours are coded with hazard pay but the AUO hours are not.

Pay Cap

Is hazard pay included in the biweekly premium pay cap?

No. Hazard pay is not included in the biweekly or annual premium pay cap. It is included in the aggregate pay cap.

Duty Not on the Hazard Table

Can I be paid hazard pay for performing a type of duty not listed in the hazard table?

No. Title 5 requires OPM to establish a schedule of hazard duty differentials and to prescribe regulations governing payment of the differentials. (See 5 U.S.C. 5545(d))

If a duty or type of work is not listed in Appendix A to Subpart I of Part 550, you can’t be paid a hazard duty differential.

Voluntarily Performed Hazardous Duty

Can I be paid hazard pay for voluntarily performing a hazardous duty listed in Appendix A to Subpart I of Part 550?

No. Hazard pay may be paid if you are assigned hazardous duties or duties involving physical hardship for which a differential is authorized. It may not be paid if you perform a hazardous duty on your own, without proper authorization, either expressed or implied. (See 5 CFR 550.904(a))

Hazard Pay Table

Appendix A to Subpart I of Part 550: Schedule of Pay Differentials Authorized for Hazardous Duty under Subpart I. For wind-chill chart see Title 5, Appendix A-1 to Subpart I of Part 550.

Duty

%

Exposure to Hazardous Weather or Terrain

Rate
  1. Work in Rough and Remote Terrain. When working on cliffs, narrow ledges, or near vertical mountainous slopes where a loss of footing would result in serious injury or death, or when working in areas where there is danger of rock falls or avalanches.

25%
  1. Traveling under Hazardous Conditions.
    • When travel over secondary or unimproved roads to isolated mountain top installations is required at night, or under adverse weather conditions (such as snow, rain, or fog) which limits visibility to less than 30 meters (100 feet), when there is danger of rock, mud, or snow slides.
    • When travel in the wintertime, either on foot or by means of vehicle, over secondary or unimproved roads or snow trails, in sparsely settled or isolated areas to isolated installations is required when there is danger of avalanches, or during ‘‘whiteout’’ phenomenon which limits visibility to less than 3 meters (10 feet).
    • When work or travel in sparsely settled or isolated areas results in exposure to temperatures and/or wind velocity shown to be of considerable danger, or very great danger, on the wind-chill chart (appendix A–1), and shelter (other than temporary shelter) or assistance is not readily available.

25%
  1. Snow or Ice Removal Operations. When participating in snowplowing or snow or ice removal operations, regardless of whether on primary, secondary or other class of roads, when:
    • There is danger of avalanche, or
    • There is danger of missing the road and falling down steep mountainous slopes because of lack of snow stakes, ‘‘white-out’’ conditions, or sloping ice-pack covering the snow.

25%
  1. Water Search and Rescue Operations. Participating as a member of a water search and rescue team in adverse weather conditions when winds are blowing at 56 km/h (35 m.p.h.) (Classified as gale winds) or in water search and rescue operations conducted at night.

25%
  1. Travel on Lake Pontchartrain.
    • When embarking, disembarking or traveling in small craft (boat) on Lake Pontchartrain when wind direction is from north, northeast, or northwest, and wind velocity is over 7.7 meters per second (15 knots); or.
    • When travelling in small crafts, where craft is not radar equipped, on Lake Pontchartrain is necessary due to emergency or unavoidable conditions and the trip is made in a dense fog under fog run procedures.

 

(a) 25%

 

(b) 5%
  1. Hazardous Boarding or Leaving of Vessels. When duties (a), (b), or (c) are performed under adverse conditions of foul weather, ice, or night and when the sea state is high (0.9 meter (3 feet) and above):
    • Boarding or leaving vessels at sea or standing offshore during lightering or personnel transfer operations.
    • Boarding, leaving, or transferring equipment between small boats or rafts and steep, rocky, or coral surrounded shorelines.
    • Transferring equipment between a small boat and rudimentary dock by improvised or temporary facility such as an unfastened plank leading from boat to dock.

25%
  1. Small Craft Tests under Unsafe Sea Conditions. Conducting craft tests to determine the seakeeping characteristics of small craft in a seaway when U.S. storm warnings normally indicate unsafe seas for a particular size craft.

25%
  1. Working on a Drifting Sea Ice Floe. When the job requires that the work be performed out on sea ice, e.g., installing scientific instruments and making observations for research purposes.

25%

Exposure to Physiological Hazards

Rate
  1. Pressure Chamber Subject.
    • Participating as a subject in diving research tests which seek to establish limits for safe pressure profiles by working in a pressure chamber simulating diving or, as an observer to the test or as a technician assembling underwater mock-up components for the test, when the observer or technician is exposed to high pressure gas piping systems, gas cylinders, and pumping devices which are susceptible to explosive ruptures.
    • Working in pressurized sonar domes. Performing checkout of sonar system after sonar dome has been pressurized. This may include such duties as changing transducer elements, setting of transducer turntables, checking of cables, piping, valves, circuits, underwater telephone, and pressurization plugs.
    • Working in non-pressurized sonar domes that are a part of an underwater system. Performing certification pretrial inspections, involving such duties as calibrating, adjusting, and photographing equipment, in limited space and with limited egress.

 

(a) 25%

 

 

(b) 8%

 

 

(c) 4%
  1. Simulated Altitude Chamber Subjects. Observers. Participating in simulated altitude studies ranging from 5500 to 45,700 meters (18,000 to 150,000 feet) either as subject or as observer exposed to the same conditions as the subject.

25%
  1. Centrifuge Subjects. Participating as subject in centrifuge studies involving elevated G forces above the level of 49 meters per second 2 (5 G’s) whether or not at reduced atmospheric pressure.

25%
  1. Rotational Flight Simulator Subject. Participating as a subject in a Rotational Flight Simulator in studies involving continuous rotation in one axis through 360° or in a combination of any axes through 360° at rotation rates greater than 15 rpm for periods exceeding three minutes.

25%
  1. Hot Work-Working in confined spaces wherein the employee is subject to temperatures in excess of 110°.

4%
  1. Environmental Thermal-Chamber Tests. Subjects and observers exposed to the hazards and physical hardships of an environmental chamber-thermal test which simulates adverse weather or sea conditions such as the exposure to subzero temperatures; high heat and humidity; and cold water, spray, wind, and wave action.

25%
  1. Working at High Altitudes. Performing work at a land-based worksite more than 3900 meters (12,795 feet) in altitude, provided the employee is required to commute to the worksite on the same day from a substantially lower altitude under circumstances in which the rapid change in altitude may result in acclimation problems.

8%

Exposure to Hazardous Agents, Work with or in Close Proximity to

Rate
  1. Explosive or Incendiary Materials. Explosive or incendiary materials which are unstable and highly sensitive.

25%
  1. At-Sea Shock and Vibration Tests. Arming explosive charges and/or working with, or in close proximity to, explosive armed charges in connection with at-sea shock and vibration tests of naval vessels, machinery, equipment and supplies.

25%
  1. Toxic Chemical Materials. Toxic chemical materials when there is a possibility of leakage or spillage.

25%
  1. Fire Retardant Materials Tests. Conducting tests on fire retardant materials when the tests are performed in ventilation restricted rooms where the atmosphere is continuously contaminated by obnoxious odors and smoke which causes irritation to the eyes and respiratory tract.

25%
  1. Virulent Biologicals. Materials of micro-organic nature which when introduced into the body are likely to cause serious disease or fatality and for which protective devices do not afford complete protection.

25%
  1. Asbestos. Significant risk of exposure to airborne concentrations of asbestos fibers in excess of the permissible exposure limits (PELS) in the standard for asbestos provided in title 29, Code of Federal Regulations, §§ 1910.1001 or 1926.58, when the risk of exposure is directly connected with the performance of assigned duties. Regulatory changes in § 1910.1001 or 1926.58 are hereby incorporated in and made a part of this category, effective on the first day of the first pay period beginning on or after the effective date of the changes.

8%

Participating in Liquid Missile Propulsion Tests and Certain Solid Propulsion Operations

Rate
  1. Tanking and De-Tanking. Tanking or de-tanking operations of a missile or the test stand ‘‘run’’ bottles with liquid propellants.

25%
  1. Hoisting a Tanked Missile. Hoisting a tanked missile or a solid propellant propulsion system into and/or over the test stand.

25%
  1. Pressure Tests. Pressure tests on loaded missiles, missile tanks, or run bottles during pre-fire preparations.

25%
  1. Test Stand Tests. Test stand operations on loaded missiles under environmental conditions where the high or low temperatures could cause a failure of a critical component.

25%
  1. Disassembly and Breakdown. Disassembly and breakdown of a contaminated missile system or test stand plumbing after test.

25%
  1. ‘‘Go’’ Condition Test Stand Work. Working on any test stand above the 15-meter (50-foot) level or any stand work while the system is in a ‘‘go’’ condition.

25%
  1. Arming and De-Arming Propulsion Systems. Arming, de-arming or the installation and/or removal of any squib, explosive device, or a component thereof connected to, or part of, any live or potentially expended liquid or solid propulsion system.

25%
  1. Demolition and Destruct Tests. Demolition, hazards classification, or destruct type tests where the specimen is nonstandard and/or unproven and the test techniques do not conform to standard or proven procedures.

25%

Work in Fuel Storage Tanks

Rate

When inspecting, cleaning or repairing fuel storage tanks where there is no ready access to an exit, under conditions requiring a breathing apparatus because all or part of the oxygen in the atmosphere has been displaced by toxic vapors or gas, and failure of the breathing apparatus would result in serious injury or death within the time required to leave the tank.

25%

Firefighting

Rate
  1. Forest and Range Fires. Participating as a member of a firefighting crew in fighting forest and range fires on the fireline.

25%
  1. Equipment, Installation, or Building Fires. Participating as an emergency member of a firefighting crew in fighting fires of equipment, installations, or buildings.

25%
  1. In-Water Under-Pier Firefighting Operations. Participating in in-water under-pier firefighting operations (involving hazards beyond those normally encountered in firefighting on land, e.g., strong currents, cold water temperature, etc.).

25%

Work in Open Trenches

Rate

Work in an open trench 4.6 meters (15 feet) or more deep until proper shoring has been installed.

25%

Underground Work

Rate

Work underground performed in the construction of tunnels and shafts, and the inspection of such underground construction, until the necessary lining of the shaft or tunnel has eliminated the hazard.

25%

Underwater Duty

Rate
  1. Submerged Submarine or Deep Research Vehicle. Duty aboard a submarine or deep research vehicle when it submerges.

25%
  1. Diving. Diving, including SCUBA (self-contained underwater breathing apparatus) diving, required in scientific and engineering pursuits, or search and rescue operations, when:
    • At a depth of 6 meters (20 feet) or more below the surface; or,
    • Visibility is restricted; or,
    • In rapidly flowing or cold water; or,
    • Vertical access to the surface is restricted by ice, rock, or other structure; or,
    • Testing or working with hardware which presents special hazards (such as work with high voltage equipment or work with underwater mockup components in an underwater space simulation study).

25%

Sea Duty Aboard Deep Research Vessels

Rate

Participating in sea duty wherein the team member is engaged in handling equipment on or over the side of the vessel when the sea-state is high (6.2 meter-per-second winds (12-knot winds) and 0.9-meter waves (3-foot waves) and the work is done on deck in relatively unprotected areas.

25%

Collection of Aircraft Approach and Landing Environmental Data

Rate

When operating or monitoring camera equipment adjacent to flight deck in the area of maximum hazard during landing sequence while conducting photographic surveys aboard aircraft carriers during periods of heavy aircraft operations.

25%

Experimental Landing/Recovery Equipment Tests

Rate

Participating in tests of experimental or prototype landing and recovery equipment where personnel are required to serve as test subjects in spacecraft being dropped into the sea or laboratory tanks.

25%

Land Impact or Pad Abort of Space Vehicle

Rate

Actual participating in de-arming and safing explosive ordinance, toxic propellant and high pressure vessels on vehicles that have land impacted or on vehicles on the launch pad that have reached a point in the countdown where no remote means are available for returning the vehicle to a safe condition.

25%

Height Work

Rate

Working on any structure of at least 15 meters (50 feet) above the base level, ground, deck, floor, roof, etc., under open conditions, if the structure is unstable or if scaffolding guards or other suitable protective facilities are not used, or if performed under adverse conditions such as snow, sleet, ice on walking surfaces, darkness, lightning, steady rain, or high wind velocity.

25%

Flying, Participating In

Rate
  1. Pilot Proficiency Training. Flights for pilot proficiency training in aircraft new to the pilot under simulated emergency conditions which parallel conditions encountered in performing flight tests.

25%
  1. Delivery of New Aircraft for Flight Testing. Flights to deliver aircraft which has been prepared for one-time flight without being test flown prior to delivery flight.

25%
  1. Test Flights of New, Modified, or Repaired Aircraft. Test flights of a new or repaired aircraft or modified aircraft when the modification may affect the flight characteristics of the aircraft.

25%
  1. Reduced Gravity - Parabolic Arc Alights - Subjects/Observers. Reduced gravity flight testing in an aircraft flying a parabolic flight path and providing a testing environment ranging from weightlessness up through +20 meters per second 2 (+2 gravity conditions).

25%
  1. Launch and Recovery. Test flights involving launch and recovery aboard an aircraft carrier.

25%
  1. Limited Control Flights. Flights undertaken under unusual and adverse conditions (such as extreme weather, maximum load or overload, limited visibility, extreme turbulence, or low level flights involving fixed or tactical patterns) which threaten or severely limit control of the aircraft.

25%
  1. Flight Tests of Expandable Aircraft Tires. Landing to test aircraft tires designed to deflate upon retraction, undertaken to appraise the normal deflate/re-inflate cycle and also to evaluate the capability to make a satisfactory landing with the tires deflated.

25%
  1. Landing and Taking-Off in Polar Areas. Landing in polar areas on unprepared snow or ice surfaces and/or taking-off under the same conditions.

25%

Experimental Parachute Jumps

Rate

Participating as a jumper in field exercises to test and evaluate new types of jumping equipment and/or jumping techniques.

25%

Ground Work Beneath Hovering Helicopter

Rate

Participating in ground operations to attach external load to helicopter hovering just overhead.

25%

Sling-Suspended Transfers. When performance of duties requires transfer from a helicopter to a ship via a sling on the end of a steel cable or from a ship to another ship via a chair harness hanging from a highline between the ships when both vessels are underway.

25%

Carrier Suitability Trials Aboard Aircraft Carriers. Participating in carrier suitability trials aboard aircraft carriers when work is performed on the flight deck during launch, recovery, and refueling operations.

25%

Cargo Handling During Lightering Operations. Off-loading of cargo and supplies from surface ships to Landing Craft—Medium (LCM) boats involving exposure not only to falling cargo but such other hazards as shifting cargo within the LCM, swinging cargo hooks, and possibility of falling between the LCM and cargo vessel.

25%

Work in Unsafe Structures

Rate

Working within or immediately adjacent to a building or structure which has been severely damaged by earthquake, fire, tornado, flood, or similar cause, when the structure has been declared unsafe by competent technical authority, and when such work is considered necessary for the safety of personnel or recovery of valuable materials or equipment, and the work is authorized by competent authority.

25%

Tropical Jungle Duty

Rate

Work outdoors in undeveloped jungle regions outside the continental United States. Work must involve both of the following:

  1. An unusual degree of physical hardship caused by high heat, humidity, or other inclement conditions; and
  2. An unusual danger of serious injury or illness due to:
    • Travel on unimproved roads or rudimentary trails in rugged terrain (e.g., walking on narrow trails in steep mountainous areas, fording deep, fast-moving rivers, and crossing deep crevasses via log or other unsafe means);
    • Immediate presence of dangerous wildlife (e.g., venomous snakes, poisonous insects, and large carnivores); or
    • Known exposure to serious disease for which adequate protection cannot be provided.

25%
Hours of Work under the Fair Labor Standards Act

Overview

This section applies to nonexempt employees and provides guidance for hours of work under the Fair Labor Standards Act (FLSA). (See 5 CFR 551, Subpart D)

All time spent by an employee performing an activity for the benefit of the agency and under the agency’s control or direction is considered hours of work. This includes time during which an employee is:

  1. Required to be on duty.
  2. Suffered or permitted to work.
  3. Waiting or idle, under the control of the agency and for the benefit of the agency.

For an activity to benefit the agency, it doesn’t need to be productive, but it must be necessary to the employee's ability to accomplish the employee's principal duties. An activity is a principal activity if it is an integral and indispensable part of the activities for which the employee is employed.

Suffered or permitted work means any work performed by an employee for the benefit of an agency, whether requested or not, provided the employee’s supervisor knows or has reason to believe that the work is being performed and has an opportunity to prevent the work from being performed. (See 5 CFR 551.104)

Duty Status

Hours in a paid non-work status, such as paid leave, holidays, compensatory time off, or excused absences, are hours of work. Hours in an unpaid non-work status, such as leave without pay, furlough, or absence without leave, are not hours of work. (See 5 CFR 551.401(b)-(c))

Breaks

Hours of work include rest periods authorized by a supervisor that do not exceed 20 minutes and are within the same workday. (See 5 CFR 551.411(b))

Preparatory or Concluding Activities

Hours of work may include periods of preparatory or concluding activities, such as obtaining and putting away tools, materials, and equipment necessary to perform the job or to clean up the worksite. If an agency reasonably determines that a preparatory or concluding activity is closely related to an employee's principal activities and is indispensable to the performance of the principal activities, and that the total time spent in that activity is more than 10 minutes per workday, then all the time spent in that activity is credited as hours of work. (See 5 CFR 551.412)

Travel

  1. Time spent traveling for non-exempt employees is credited as hours of work if the employee is required to: (see 5 CFR 551.422(a))
    • Travel during regular working hours.
    • Perform work while traveling.
    • Travel as a passenger on a one-day assignment away from their official duty station,
    • Travel as a passenger on an overnight assignment away from their official duty station during non-workdays that correspond to the employee's regular working hours.
  2. An employee who travels from home before the regular workday begins and returns home at the end of the workday is engaged in normal home-to-work travel and is not credited hours of work.

    When an employee travels directly from home to a temporary duty location outside the limits of their official duty station, the time the employee would have spent in normal home to work travel is deducted from hours of work spent traveling.
  3. An agency may not prescribe a mileage radius greater than 50 miles to determine whether an employee's travel is within or outside the limits of the employee's official duty station. However, an agency’s definition of an employee’s official duty station for determining overtime pay for travel may not be less than the definition of “official duty station” under the Federal Travel Regulations. (See 5 CFR 551.422(b) and 41 CFR 300-3.1)
  4. An employee who is offered one mode of transportation and is permitted to use an alternative mode of transportation, or an employee who travels at a time other than that selected by the agency, is credited with the lesser of the actual travel time that counts as hours of work, or the estimated travel time which would have been hours of work had the employee used the mode of transportation offered by the agency, or traveled at the time selected by the agency. (See 5 CFR 551.422(c))

Training

  1. Time spent in training is considered hours of work if the training is during the employee's regular working hours. Time spent in training outside regular working hours is considered hours of work if the employee is directed to participate in the training by the agency and the purpose of the training is to improve the employee’s performance in their current position. (See 5 CFR 551.423(a))
  2. Time spent by an employee performing work for the agency during a period of training is hours of work. (See 5 CFR 551.423(a)(4))
  3. Time spent in apprenticeship or other entry-level training; internships or career-related work study training; or Veterans Recruitment Act training outside regular working hours generally is not hours of work, provided no productive work is performed during such periods. However, this time may count as hours of work when permitted under 5 CFR 410.402(b) and 5 CFR 551.401(f)-(g).
  4. Time spent by an employee within an agency's allowance of preparatory time for attendance at training is considered hours of work if such preparatory time is during an employee's regular working hours or outside the employee's regular working hours, when the agency directs the employee to participate in the training, and the purpose of the training is to improve the employee's performance in the current position. (See 5 CFR 551.423(c))

Attending a Lecture, Meeting, or Conference

Time spent attending a lecture, meeting, or a conference is credited as hours of work if attendance was during the employee's regular work hours or outside regular working hours if the employee was directed by the agency to attend or perform work for the benefit of the agency during the event. (See 5 CFR 551.423(d))

Grievances or Performing Representational Functions

Time spent by an employee pursuing a grievance (or any appealable action) with the agency during the time the employee is required to be on agency premises is considered hours of work. (See 5 CFR 551.424(a))

Official time granted to an employee to perform representational functions during those hours when the employee is in a duty status is credited as hours of work. This includes time spent by an employee performing such functions during regular working hours, including regularly scheduled overtime hours, or during a period of irregular, unscheduled overtime work, provided an event arises related to representational functions that must be dealt with during the irregular, unscheduled overtime period. (See 5 CFR 551.424(b))

Receiving Medical Attention

Time spent waiting for and receiving medical attention for illness or injury is considered hours of work if the medical attention is required on a workday when an employee reported for duty and subsequently became ill or was injured, the time spent receiving medical attention occurs during the employee's regular working hours, and the employee receives the medical attention on the agency's premises or at the direction of the agency.

Time spent taking a physical examination that is required for the employee's continued employment with the agency is considered hours of work. (See 5 CFR 551.425)

Charitable Activities

Time spent working for public or charitable purposes at an agency's request, or under an agency's direction or control, is considered hours of work. Time spent voluntarily in such activities outside an employee's regular working hours is not hours of work. (See 5 CFR 551.426)

Standby Duty or in an On-Call Status

For standby duty to be compensable under the FLSA, an employee must be restricted by official order to a designated post of duty, assigned to be in a state of readiness, and substantially limited in the use of their time for personal purposes. (See 5 CFR 551.43)

A finding that an employee's activities are substantially limited may not be based on the fact that they are subject to restrictions necessary to ensure they will be able to perform their duties and responsibilities, such as restrictions on alcohol consumption or use of certain medications.

An employee is not considered restricted for work-related reasons if the employee remains at the post of duty voluntarily, or if the restriction is a natural result of geographic isolation or the fact the employee resides on the agency’s premises.

An employee is considered off duty and time spent in an on-call status is not considered hours of work if the employee is allowed to leave a phone number or to carry an electronic devise for the purpose of being contacted, even when required to remain within a reasonable call-back radius; or to make arrangements such that any work that may arise during the on-call period will be performed by another person.

Sleep Time

Bona fide sleep periods are generally not hours of work if the work shift is 24 hours or more, there are adequate facilities for employees to enjoy an uninterrupted period of sleep, and there are at least 5 hours available for such time during the sleep period. (See 5 CFR 551.432)

For employees engaged in law enforcement or fire protection activities who receive annual premium pay under 5 U.S.C. 5545(c), the same requirements apply except that on-duty sleep time may be excluded from hours of work only if the work shift is more than 24 hours.

The total amount of bona fide sleep and mealtime that may be excluded from hours of work may not exceed 8 hours in a 24-hour period.

If sleep time is interrupted by a call to duty, the time spent on duty is considered hours of work.

Night Pay

Overview

A General Schedule (GS) employee who performs regularly scheduled work between the hours of 6pm and 6am, including regularly scheduled overtime, is entitled to a night pay differential of 10% of their rate of basic pay.

References

Title 5 U.S.C. 5545(a) and 5 U.S.C. 6123(c) prescribe the statutory requirements for the payment of night pay differential to GS employees and the implementing regulations are in 5 CFR 550.103; 5 CFR 550, Subpart A; and 5 CFR 550.132. Also see the Office of Personnel Management (OPM) Fact Sheet: Night Pay for General Schedule Employees.

Eligibility

Who is eligible for night pay?

GS employees are eligible for night pay for “regularly scheduled” work performed between 6pm and 6am.

  1. Full-time, part-time, temporary, and permanent employees are eligible for night pay.
  2. An intermittent employee is eligible for night pay if required to substitute for an employee who was regularly scheduled to work at night.
  3. Members of the Senior Executive Service (SES) are not eligible.
  4. Federal Wage System (WG/WL/WS) employees are covered by a separate night shift differential. (See Night Shift Differential section)

Regularly Scheduled

What does “regularly scheduled” mean?

The term “regularly scheduled” means the work was scheduled in advance of the administrative workweek in which it was performed (scheduled and approved before Sunday). (See 5 CFR 550.103 and 5 CFR 550.121(a))

Can I flex to work at night and receive night pay?

No. You must be regularly scheduled (scheduled and approved by your supervisor) to work at night. If you flex between 6pm and 6am it’s coded as regular time and not night pay. (See 5 U.S.C. 5545, 5 CFR 550.103, and 5 CFR 550.121)

  • For example, an employee’s scheduled tour of duty is M-F from 7am to 3:30pm. On Tuesday, the employee flexes and works until 7pm to finish up a report. The employee may not code night pay for the hours worked at night because they flexed and were not regularly scheduled to work at night.
  • For example, you are on maxiflex and your scheduled tour of duty is M-F from 6am to 2:30pm. On Tuesday, you wake up early and begin work at 5:30am. You may not claim night pay because you are scheduled to begin work at 6am but flexed to begin work at 5:30am.

Number of Hours

How many hours of night pay can I claim?

Unlike Sunday pay and holiday pay where you’re limited to 8 hours if you are under a flexible work schedule, you receive night pay for all regularly scheduled hours worked from 6pm to 6am.

Overtime

When can I claim overtime with night differential?

Overtime with night differential may only be claimed for “regularly scheduled” overtime hours worked at night. That means the overtime hours must have been scheduled and approved by your supervisor before Sunday to be able to code overtime with night differential. If the overtime hours at night were scheduled in the current workweek, then that is irregular or occasional overtime (TC-21) and not overtime with night differential (TC-25).

  • For example, on Tuesday your supervisor tells you overtime is approved on Thursday from 4pm to 8pm (overtime scheduled and approved in the current workweek). You code regular overtime (TC-21) and not overtime with night differential (TC-25) because the overtime hours were not scheduled and approved in advance of the next workweek.
  • For example, on Friday your supervisor approves overtime for next Monday from 4pm to 8pm. The project is taking longer than anticipated, so at 7:30pm you call your supervisor and they approve overtime until 9pm. You code:
    • 4pm to 6pm - regular overtime
    • 6pm to 8pm – overtime with night differential
    • 8pm to 9pm – regular overtime (because the overtime worked from 8pm to 9pm was not regularly scheduled)

Supervisor Directed You to Work at Night

I’m not regularly scheduled to work at night, but my supervisor changed my tour of duty in the middle of the workweek to nights. Do I get night pay?

Yes. If your supervisor assigns you to a different scheduled tour of duty in the middle of the workweek that includes night hours, then you’re entitled to night pay. (See 5 CFR 550.122(d))

  • For example, Joe is regularly scheduled to work M-F from 6pm to 2:30am. On Wednesday, he calls in sick for the remainder of the workweek. The supervisor assigns Sarah to cover Joe’s shift for the rest of the workweek while Joe is out sick.

  • Sarah is entitled to night pay because she was directed by her supervisor to cover another employee’s regularly scheduled tour of duty at night. Sarah also includes a remark on her timesheet, “Supervisor changed tour to 6pm to 2:30am to cover for Joe while he’s out sick”.

  • For example, a group of employees are regularly scheduled to work M-F from 10am to 6:30pm. On Wednesday, the supervisor tells everyone they need to work nights next week because a special project came up. Instead of working 10am to 6:30pm next week, the supervisor changes their scheduled tour of duty to 12pm to 12am. The employees also include a remark on their timesheet, “Supervisor changed my schedule to 12pm to 12am in week 2”.
    • The employees code night pay from 6pm to 8:30pm because their supervisor directed them to work at night.
    • They also code overtime with night differential from 8:30pm to 12am because the overtime hours were scheduled before the next workweek began.
  • For example, an employee’s scheduled tour of duty is W-Sun from 11am to 7:30pm. However, a night owl survey needs to be conducted tomorrow night so the supervisor tells the employee they need to work from 2pm to 10:30pm tomorrow to properly conduct the survey. The supervisor also stated that up to 4 hours of overtime has been approved should the survey require more than 8 hours to complete.
    • The employee ends up working from 2pm to 2am.
    • The employee codes night pay from 6pm to 10:30pm because their supervisor directed them to work at night.
    • The employee codes overtime only (TC-21) from 10:30pm to 2am, and not overtime with night differential (TC-25) because the overtime hours were not scheduled in advance of the administrative workweek.
    • The employee also includes a remark on their timesheet, “Supervisor directed me to work from 2pm to 10:30pm with up to 4 hours of approved overtime on Thursday to conduct grouse surveys”.

Holiday Paid Time Off

Do I receive night pay when I’m off on a holiday?

If you’re regularly scheduled to work at night, you’re entitled to night pay when excused from work on a holiday. (See 5 U.S.C. 5545)

  • For example, an employee is regularly scheduled to work M-F from 3pm to 11:30pm and Monday is a holiday. As long as the employee is regularly scheduled to work at night, they are entitled to code night pay along with the holiday paid leave hours at night (from 6pm to 11:30pm).

Paid Leave

Do I receive night pay when I take leave?

If you are regularly scheduled to work at night and you take leave, you may only receive night pay when the total amount of paid leave in that pay period is less than 8 hours. If you take 8 hours or more of paid leave during the pay period, then you may not receive night pay (holiday paid time off doesn’t count). (See 5 U.S.C. 5545 and 5 CFR 550.122(d))

  • For example, an employee’s scheduled tour of duty is Tue-Sat from 9pm to 5:30am. The employee takes 6 hours of annual leave in the pay period. There is also a holiday in the pay period and the employee codes 8 hours of holiday paid time off. The employee is entitled to code night pay with the annual leave hours because their total leave for the pay period is less than 8 hours.
  • For example, an employee’s scheduled tour of duty is Wed-Sun from 6pm to 2:30am. The employee becomes ill and takes 6 hours of sick leave on Th. They also coded 2 hours of admin leave in the pay period. The employee may not code night pay with the sick leave and admin leave hours because their total leave for the pay period is 8 hours or more.

Credit Hours

Can I receive night pay when I earn credit hours?

No. You can only earn credit hours when you work voluntarily, with supervisory approval, in excess of your regularly scheduled basic work requirement. You may not receive Sunday pay or night pay when credit hours are earned because when you earn credit hours, you are not performing regularly scheduled work. By contrast, Sunday pay and night pay is authorized for regularly scheduled work. (See OPM’s Fact Sheet on Credit Hours and OPM’s Handbook on Alternative Work Schedules)

Hours that Must be Worked at Night

Someone told me I get night pay for hours that must be worked at night, what does that mean?

An employee must be paid night pay for hours that must be worked between 6pm and 6am to complete an 8-hour daily tour of duty.

That means if you are on a flexible work schedule that includes 8 or more hours available for work between 6am and 6pm, then you are not entitled to night pay for voluntarily working flexible hours between 6pm and 6am, including while earning credit hours. An employee is entitled to night pay for any non-overtime work performed between 6pm and 6am during designated core hours.

Travel Status

Do I receive night pay when I’m in official travel status and travel at night?

If you are regularly scheduled to work at night and travel at night, you receive night pay for the time spent traveling at night during the hours that correspond to your scheduled tour of duty. (See 5 CFR 550.122(a))

If you’re not regularly scheduled to work at night, but travel at night, you may not receive night pay.

  • For example, an employee’s scheduled tour of duty is Sun-Th from 8am to 4:30pm and they travel by airplane on Sunday from 12pm to 8:30pm. The employee may not code night pay, even if they traveled at night, because they were not regularly scheduled to work at night. The employee codes Sunday pay from 8am to 4:30pm and travel comp from 4:30pm to 8:30pm for the time spent traveling outside their scheduled tour of duty.

Training

Can I claim night pay when I’m in training?

You can’t receive night pay while in training unless the training takes place during night hours and you would otherwise be performing regularly scheduled night work, or the training must occur at night because you must learn to handle situations that occur only at night. (See 5 CFR 410.402 and 5 CFR 550.121)

  • For example, a law enforcement officer’s regular tour of duty is M-F from 8am to 4:30pm. Next Monday, he will need to attend training from 3pm to 11:30pm to learn how to shoot his firearm at night. The employee’s scheduled tour of duty is changed on Monday to 3pm to 11:30pm and he receives night pay for attending training from 6pm to 11:30pm because the training must occur at night.

OWCP

If I go out on an OWCP injury, will the night pay be included in my continuation of pay (COP)?

If you are regularly scheduled to work at night and if you’re receiving COP for work-related injuries, you will continue to receive night pay differential. (See 20 CFR 10.216(a)(1))

Jury Duty

Do I receive night pay if I’m on jury duty?

If you are regularly scheduled to work at night and you’re on court leave under 5 U.S.C. 6322, then you will continue to receive night pay when you’re on jury duty. Compensation of an employee may not be reduced because of jury duty. Employees granted court leave for jury duty are entitled to the same compensation they would otherwise have received, including any premium pay and differentials.

Military Leave

Will I continue to receive night pay if I’m on military leave?

If you are regularly scheduled to work at night and you’re receiving military leave under 5 U.S.C. 6323, then you will continue to receive night pay when you’re on military leave. You are entitled to receive the same compensation you would have otherwise received but for the fact of your absence on military leave.

Each Entitlement is Separate

What if I’m scheduled to work at night, on a Sunday, and that Sunday falls on a holiday?

Night pay is in addition to overtime, Sunday pay, and holiday premium pay and is not included in the rate of basic pay used to compute the overtime, Sunday, or holiday pay (see 5 CFR 550.122(c). Each entitlement to premium pay is computed separately and no compounding occurs if an employee is entitled to more than one type of premium pay for the same hour of work. That means if you’re regularly scheduled to work on Sunday, at night, and that day falls on a holiday, then you receive:

Sunday pay (25%) + night pay (10%) + holiday pay (double time) = a lot of money

Variation

Agency heads may designate a time after 6pm and before 6am as nightwork for the purpose of paying night pay differential at a post outside the United States where the customary hours of business extend into the hours of nightwork. Times so designated as the beginning or end of nightwork must correspond reasonably with the beginning and end of the customary hours of business in the locality. (See 5 CFR 550.121(b))

Night Shift Differential

Overview

This section provides guidance on night shift differential for Federal Wage System (FWS) employees (WG, WL, and WS).

Night shift differential is the differential paid to a FWS employee when the majority of regularly scheduled non-overtime hours worked fall between 3pm and 8am. (see 5 CFR 532.501). Night shift differential is included in the rates of basic pay for FWS employees and is used as a basis for computing overtime pay, Sunday pay, holiday pay, and amounts of deductions for retirement and group life insurance. (See FWS Manual S8-4c(2))

References

An individual who meets the definition of "prevailing rate employee" in 5 U.S.C. 5342(a)(2) is covered by the night shift differential provisions. The implementing regulations are in 5 CFR 532.505 and the Federal Wage System Operating Manual-Appropriated Fund, Subchapter S8.

Eligibility

Who is eligible for a night shift differential?

Night shift differential applies to temporary, permanent, full-time, part-time, and intermittent FWS employees.

Night Shift Differential vs. Night Pay

Is night shift differential the same as night pay?

No. FWS employee receive a night shift differential and General Schedule (GS) employees receive night pay (see Night Pay section).

What is a night shift differential?

A FWS employee is entitled to night shift differential when the majority of the employee’s regularly scheduled non-overtime hours fall between 3pm and 8am.

Rate

What is the night shift differential rate?

An employee will receive either a 7.5% night shift differential rate or a 10% night shift differential rate for an entire shift. There is no authority to permit splitting of the night shift differential.

Rate

Shift

7.5%

When the majority of hours falls between 3pm and 12am.

10%

When the majority of hours falls between 11pm and 8am.
  1. An employee may not voluntarily elect to work at night and receive night shift differential.
  2. An employee may not receive night shift differential if the majority of hours does not fall between 3pm and 8am.
  3. In computing night differential rate, any fraction of a cent must be counted as the next higher cent.

Majority of Hours

What does “majority of hours” mean?

The term “majority of hours" means a number of whole hours greater than one-half (e.g., 5 hours of a scheduled 8-hour shift). To determine whether the majority of hours is within the prescribed period, include meal breaks of one hour or less. The night shift differential is paid for the entire shift when the majority of hours falls within the specified periods. There is no entitlement to night shift differential for all or any part of a shift when less than a majority of the shift hours falls within a differential period. (See FWS Manual S8-4c)

  • For example, if an employee works from 11:30am to 8pm (meal break from 3:30pm to 4pm), the meal break is included to determine that a majority of hours of work occurs during the second shift and a 7.5% night shift differential is payable for the entire shift.

Part-Time

Are part-time employees eligible for night shift differential?

Part-time and intermittent employees on a regularly scheduled shift of less than 8 hours receive night shift differential if a majority of their hours is worked during a period in which the night shift differential is payable.

Regularly Scheduled Work

What does “regularly scheduled work” mean?

Night shift differential is paid for regularly scheduled work performed at night. This generally means work scheduled before the beginning of the administrative workweek. Overtime hours do not count toward an employee's entitlement to receive a night shift differential.

Flexible Work Schedule

How is a night shift differential treated if I work a flexible work schedule?

A FWS employee under a flexible work schedule:

  1. Is entitled to night shift differential for regularly scheduled non-overtime work when a majority of the hours of a flexible work schedule for a daily tour of duty occurs during the night.
  2. Is not entitled to night shift differential when they voluntarily elect to work between the hours of 3pm and 8am.
  3. May not receive night shift differential when they earn credit hours.

Paid Leave

Do I receive night shift differential when I take leave?

A FWS employee regularly assigned to a night shift will receive night shift differential during periods of paid leave.

What if I’m temporarily assigned to a night shift?

A FWS employee regularly assigned to a day shift and who is temporarily assigned to a night shift will be paid a night shift differential for any leave with pay taken when scheduled to work night shifts. (See 5 CFR 532.505(e)(2))

Will I still receive night shift differential if I’m on holiday paid time off?

A FWS employee regularly assigned to a night shift receives night shift differential for periods of excused absence on a holiday, while in official travel status during the hours of the employee's regular night shift, or on court leave. (See 5 CFR 532.505(b) and FWS Manual S8-4c(3))

What if I’m assigned to a rotating shift?

A FWS employee regularly assigned to a rotating shift will be paid at the day rate during that portion of leave they are scheduled to work on a day shift and at the night shift rate during the portion of leave they are scheduled to work on a night shift. (See 5 CFR 532.505(e)(3))

What if my shift is changed at irregular intervals?

A FWS employee who is changed irregularly from a day to a night shift will, while on leave with pay, be paid the shift rate assigned immediately prior to leave. (See 5 CFR 532.505(e)(4))

Overtime

Will I still receive a night shift differential if my overtime hours fall in the day shift?

When a FWS employee who regularly works a night shift performs overtime work which extends into or falls entirely within a day shift, they are entitled to overtime pay computed on the night shift differential rate. (See 5 CFR 532.503(d)(1))

What is my overtime rate if I’m on a rotating schedule?

When a FWS employee who is regularly assigned to a rotating schedule involving work on both day and night shifts performs overtime work which extends into or falls entirely within the succeeding shift, they are entitled to overtime pay computed on the rate of their regularly scheduled shift in effect for that calendar day. (See 5 CFR 532.503(e)(1))

When an employee regularly assigned to a rotating schedule performs work on a non-workday, they are entitled to overtime pay computed on the average rate of basic pay for all regularly scheduled shifts worked by the employee during the basic workweek. (See 5 CFR 532.503(e)(2))

What is my overtime rate when I work overtime on a non-workday?

When overtime is performed on a non-workday, the employee is entitled to receive overtime pay computed on the rate of the employee's last previous regularly scheduled shift. (See 5 CFR 532.503(d)(2))

Temporary Assignment to a Different Tour of Duty

If I’m temporarily assigned to a night shift, will I receive night shift differential?

A FWS employee regularly assigned to a day shift who is temporarily assigned to a night shift is paid the night shift differential. (See 5 CFR 532.505(d)(3))

Will I still receive night shift differential if I’m temporarily assigned to a day shift?

A FWS employee regularly assigned to a night shift who is temporarily assigned to a day shift or to a night shift having a lower night shift differential (including a temporary detail for training purposes) will continue to receive their regular night shift differential. (See 5 CFR 532.505(d)(1))

What rate will I receive if I’m temporarily assigned to a shift with a higher differential?

A FWS employee regularly assigned to a night shift, who is temporarily assigned to another night shift which has a higher differential, must be paid the higher differential if a majority of the employee's regularly scheduled non-overtime hours of work on the temporary shift falls within hours with the higher differential. (See 5 CFR 532.505(d)(3))

Coding Your Timesheet

Use the following Shift-Suffix Codes (SSC) in your Time and Attendance System to code FWS night shift differential rates:

SSC

Rate

Shift

When to Use

1

0%

7am to 3pm

SSC-01 is used when the majority of the employee’s regularly scheduled non-overtime hours of work falls between the hours of 7am and 3pm.

2

7.5%

3pm to 12am

SSC-02 is used when the majority of the employee’s regularly scheduled non-overtime hours of work falls between the hours of 3pm and midnight.

3

10%

11pm to 8am

SSC-03 is used when the majority of the employee’s regularly scheduled non-overtime hours of work falls between the hours of 11pm and 8am.

5

25% + 0%

Sunday

7am to 3pm

SSC-05 is used when the majority of the employee’s regularly scheduled non-overtime hours of work falls between the hours of 7am and 3pm on Sunday.

6

25% + 7.5%

Sunday

3pm to 12am

SSC-06 is used when the majority of the employee’s regularly scheduled non-overtime hours of work falls between the hours of 3pm and midnight on Sunday.

7

25% + 10%

Sunday

11pm to 8am

SSC-07 is used when the majority of the employee’s regularly scheduled non-overtime hours of work falls between the hours of 11pm and 8am on Sunday.
On-Call Status, Standby Duty, and Call-Back Overtime

On-Call Status, Standby Duty, and Call-Back Overtime

What’s the Difference?

Determining what portion of time, if any, is compensable under Title 5 and the Fair Labor Standards Act (FLSA) when an employee is idle, but still in a status that they may be asked to return to duty, depends on whether the time should be considered on-call (waiting to be engaged) or standby (engaged to wait).

Generally, idle time spent on-call does not constitute hours of work and only periods when the employee is actually called to perform work are compensated as call-back overtime. In contrast, all time spent in a standby status is considered as hours of work.

The FLSA definition and Title 5 definition of on-call status and standby duty status are the same.

References

Title 5 U.S.C. 5545(c)(1) and 5 U.S.C. 5544 prescribe the statutory requirements for the payment of standby duty pay and the implementing regulations, including the regulations for on-call status, are in 5 CFR 550.103, 5 CFR 550.141 to 144, Subpart A, 5 CFR 550.161 to 164, 5 CFR 550.112(k) and (i), and 5 CFR 551.431. Title 5 U.S.C. 5542(b)(1) and 5 U.S.C. 5546(c) prescribe the statutory requirements for the payment of call-back overtime and the implementing regulations are in 5 CFR 550.112(h) and 5 CFR 551.401(e).

STANDBY DUTY

What is standby duty?

An employee is on standby if, for work-related reasons, the employee is restricted by management to a designated post and assigned to be in a state of readiness to perform work, with limitations so substantial that the employee cannot use the time for personal purposes (see 5 CFR 550.112(k)). Time spent by employees in a standby status is hours of work.

For example, an employee is on a ship and his job is to rescue people if they fall overboard. He is outfitted in full SCUBA gear, restricted to a room, engaged to wait.

Only the Secretary (or designee) may approve regularly scheduled standby duty premium pay on an annual basis.

Time is not standby duty status and is not compensable when:

  1. The employee is subject to restrictions necessary to ensure that the employee will be able to perform the assigned duty. Restrictions on alcohol consumption or use of certain medications cannot be the basis for determining that the employee’s activities are substantially limited.
  2. The employee voluntarily restricts activities or use of electronic communication devices to be available for duty after work hours.
  3. The employee remains at the post of duty because of a natural result of geographic isolation.

    For example, a group of employees are working at an agency worksite deep in the mountains. A landslide occurs and blocks the only road out. The employees must spend the night at the agency worksite until the road is cleared the next day.
  4. The employee remains at the post of duty voluntarily or if the employees lives on the premises of the duty station.

    For example, an employee is assigned to work in a remote wildland area or on a ship. The fact the employee has limited mobility when relieved from duty would not be basis to initiate standby duty pay.

Standby duty for Federal Wage System employees means an employee who is regularly required to remain at or within the confines of their post of duty in excess of 8 hours in a day in a standby or on-call status and is entitled to overtime pay only for hours of duty, exclusive of eating and sleeping time, in excess of 40 a week. It is payable at the employee's usual overtime rate for actual hours worked. (See 5 U.S.C. 5544)

ON-CALL STATUS

If I’m placed in an on-call status, am I paid for that time?

No. you’re not paid for the hours you are on call. When an employee is on-call the hours are not considered hours of work and are not paid. (See 5 CFR 550.112(l))

For example, an employee is placed in an on-call status over the weekend, has left a phone number to be reached by, and is expected to respond to calls (the employee is waiting to be engaged). Time spent on-call is not paid. If the employee is called to perform work, then they are compensated (see Call-Back Overtime section).

An employee who is considered off duty, but on-call is not entitled to premium pay for on-call hours when:

  1. The employee is allowed to leave a telephone number or to carry an electronic device for the purpose of being contacted, even though the employee is required to remain within a reasonable callback radius from the official duty location, but not required to be at a designated post of duty; or
  2. The employee is allowed to make arrangements for another person to perform any work that may arise during the on-call period.

On-Call Periods. On-call assignments should be done on a rotational basis and a backup employee should be designated in case of an emergency or hardship of the assigned employee (a designated backup may include the employee’s supervisor). The specific times the employee would be on-call should be reasonable (each on-call period should not exceed 1-2 weeks in duration and may not cover an entire season).

Supervisors should schedule an employee’s on-call periods in advance of the season or at least quarterly, whenever possible. The supervisor should notify the affected employee in writing of the specific time periods the employee would be on-call after regular work hours and on non-workdays. If a supervisor needs to change an on-call schedule to cover a specific situation, the supervisor should notify the employee in writing of the reasons for the change and length of time it would be in effect. It should be stipulated in advance as to how long the employee would have to respond by the type of emergency. In general, the employee should be given a minimum of 1 hour to report for duty while in an on-call status. An employee in an on-call status can be held accountable and subject to disciplinary action for failing to report to work unless there is a justifiable reason.

CALL-BACK OVERTIME

What is call-back overtime?

Call-back overtime is a form of irregular or occasional overtime work performed by an employee on a day when work was not scheduled for the employee, or for which the employee is required to return to their place of employment after already concluded their tour of duty and departed the worksite. (See 5 U.S.C. 5542(b)(1) and 5 CFR 550.112(h))

  1. A minimum of 2 hours of overtime (or compensatory time off, if applicable) is paid when employees are called back to their place of employment to perform work (the rules are different for teleworkers and remote workers).
  2. If no work is performed when the employee is called back to work, then time is coded as “TC-30 - Overtime Call-Back No Work”, for 2 hours.
  3. If work is performed, then record all call-back overtime worked as “TC-21 – Overtime” (not TC-30 because in our time and attendance system, TC-30 is used only when called-back to the office and no work was performed).

    For example, an employee is called back to the office and works for 20 minutes. The timesheet is coded as 15 minutes to TC-21 and 1 hour 45 minutes to TC-30.
  4. Teleworkers and remote workers who work from home do not receive 2 hours of call-back overtime because no call-back is involved but they are compensated for the time spent working.

    For example, an employee is on call and required to respond to phone calls and spends 10 minutes on the phone. The employee is compensated for 15 minutes.

Do I receive 2 hours of call-back overtime each time I’m called back to the agency worksite in one day?

Yes. If you are called back more than once during the same day, or even if you are called back more than once during the same 2-hour period, then you receive call-back overtime for each time called back to the agency worksite. Call-back overtime pay is not conditioned on the actual performance of duty.

For example, an employee’s scheduled tour of duty is Tue-Sat from 12pm-8:30pm. Late Friday night the employee is called back to work for an emergency and works from 11pm-11:30pm. The employee returns home and is called back to the agency worksite for another emergency and works from 1am-2am. The employee receives 4 hours of call-back overtime.

I’ve been placed in on-call status over the weekend. If I resolve the issues by phone at home, am I still compensated for the work performed at home?

Yes. When called back to the agency worksite on a non-workday you receive 2 hours of call-back overtime pay. However, if you can resolve the problems from you home on your government cell phone or laptop, and you have been authorized to perform work at your residence, then you are paid overtime for the work performed at home (or you may request comp time, credit hours, or flex, if applicable). Overtime pay will be based on actual time spent in unscheduled overtime work, provided the work is substantial in nature (at least 8 minutes) and approved procedures have been followed for verifying the time and performance of work.

Fifteen minutes is the largest fraction of an hour used for crediting irregular or occasional overtime work. Time from 1 to 7 minutes is rounded down and time from 8 to 14 minutes is rounded up to the nearest fraction of an hour. If each occurrence is less than 8 minutes, then the minutes may be added together to get a total.

Call-back Exclusions

Call-back overtime provisions do not apply when the employee:

  1. Works from home; however, the employee may be eligible for overtime if they have been authorized to perform work from their residence. (See 65 Comp. Gen. 49, October 31, 1985 (B-217502))
  2. Lives on the premises of the duty station, including living and working on a vessel.
  3. Is a Criminal Investigator that has not contributed 2 hours of LEAP for the day.

Do I receive call-back overtime when on emergency incident assignment?

No. Call-back overtime provisions do not apply when an employee works and spends the night at an emergency incident site because no call-back is involved.

Do I receive call-back overtime if I’m on leave and called back?

If you are on pre-approved leave and called back to the agency worksite to work within your regular tour of duty, then the leave is cancelled and the time is coded as regular time.

If you were called back outside your regular tour of duty, then you receive at least 2 hours of call-back overtime.

Call-Back on a Holiday

If I’m called back to work on a holiday, do I receive call-back overtime or holiday premium pay?

If you are called back to work on a Federal holiday, then you are entitled to at least 2 hours of holiday premium pay (you receive double time and not overtime).

  1. The holiday rate is payable for all call-back hours which correspond to non-overtime hours of the employee's regular daily tour, up to 8 hours (or number of hours scheduled under a compressed work schedule).
  2. If the entire period corresponds to non-overtime hours, the employee will be paid at the holiday rate only.
  3. If the call-back period comprises non-overtime and overtime hours, the non-overtime period is paid at the holiday rate and the overtime period is paid at the overtime rate.
  4. Compensatory time off is not allowed in-lieu of pay for holiday call-back.

How do I code my timesheet if I’m called back to work on a holiday?

  1. Example 1: Called Back during the Tour of Duty, but No Work was Performed

    For example, an employee normally works M-F from 8am-4:30pm (Monday is the holiday).
    • The employee is called back at 11am but no work is performed when they arrived at the office.
    • The employee is still entitled to 2 hours of holiday premium pay even though no work was performed.

Transaction Codes

Time

Hours

DC-21/TC-66 – Holiday Paid Leave

8am-4:30pm

8

TC-31 – Holiday Premium Pay

11am-1pm

2

Total

 

8
  1. Example 2: Called Back during the Tour of Duty and Work was Performed

    For example, an employee normally works M-F from 8am-4:30pm (Monday is the holiday).
    • The employee is called back at 2pm and performs work for 25 min.
    • The employee is still entitled to 2 hours of holiday premium pay even though they only worked for 25 minutes.

Transaction Codes

Time

Hours

DC-21/TC-66 – Holiday Paid Leave

8am-4:30pm

8

TC-31 – Holiday Premium Pay

2pm-4pm

2

Total

 

8
  1. Example 3: Called Back Outside the Tour of Duty but No Work was Performed

    For example, an employee normally works M-F from 8am-4:30pm (Monday is the holiday).
    • The employee is called back at 6am but the issue is solved so when the employee arrived at 7am no work was performed.
    • The employee is still entitled to 2 hours of holiday premium pay even though no work was performed.

Transaction Codes

Time

Hours

DC-21/TC-66 – Holiday Paid Leave

7am-3:30pm

8

TC-31 – Holiday Premium Pay

7am-9am

2

Total

 

8
  1. Example 4: Called Back Outside the Tour of Duty and Work was Performed.

    For example, an employee normally works M-F from 8am-4:30pm (Monday is the holiday). The employee is called back at 3pm and works until 6pm (worked 3 hours).

    I know the employee is entitled to 2 hours of holiday pay, but how do we code the timesheet if they worked more than 2 hours on the holiday?
    • If the employee worked more than 2 hours and the additional hours fall within the employee’s scheduled tour of duty, then the additional hours worked are coded as holiday pay.
    • If the employee worked more than 2 hours and the additional hours fall outside the employee’s scheduled tour of duty, then the additional hours are coded as overtime.

Transaction Codes

Time

Hours

DC-21/TC-66 – Holiday Paid Leave

8am-4:30pm

8

TC-31 – Holiday Premium Pay

3pm-5pm

2

TC-21 – Overtime

5pm-6pm

1

Total

 

9
Overtime

OVERVIEW

Overtime is hours of work officially ordered or approved over 8 hours in a day or 40 hours in an administrative workweek. Overtime entitlements for Federal employees will depend on the employee’s Fair Labor Standards Act (FLSA) status (i.e., if your position is nonexempt or exempt).

REFERENCES

GENERAL

Which overtime rules apply to me?

Your FLSA status will determine which overtime rules apply.

  • Nonexempt employees are covered by the minimum wage and overtime provisions of the FLSA. (See 29 U.S.C. Ch 8 and 5 CFR Part 551)
  • Exempt employees are covered by Title 5 overtime rules and are not covered by the FLSA. (See 5 U.S.C. 5542 and 5 CFR Part 550)

The actual duties you perform, which are documented in your position description, determine whether your position is nonexempt or exempt. An exempt employee meets the administrative, executive, or professional exemption criteria as described in 5 CFR Part 551, Subpart B. FLSA coverage is stated on your most recent SF-50. While Title 5 rules do not cover nonexempt employees for overtime pay, they do cover both exempt and nonexempt employees with regard to all other aspects of pay administration, including night pay, Sunday pay, holiday pay, severance pay, religious comp, and travel comp.

TITLE 5 OVERTIME

What is Title 5 overtime?

Overtime for FLSA exempt employees is mandated under 5 U.S.C. 5542 and is called Title 5 overtime.

Overtime under Title 5 is hours of work in excess of 8 hours in a day or 40 hours in an administrative workweek that are officially ordered or approved, generally in advance, by a management official authorized to order or approve overtime work, but does not include hours worked voluntarily, such as credit hours under a flexible work schedule. Employees under a compressed work schedule earn overtime for hours of work in excess of the basic work requirement for the compressed work schedule (see 5 U.S.C. 5542 and 5 U.S.C 6121). See 5 CFR 550.111(d) for additional exclusions for criminal investigators.

Full-time, part-time, and intermittent exempt employees are eligible for Title 5 overtime.

FLSA OVERTIME

What is FLSA overtime?

The FLSA applies to nonexempt employees. The FLSA grants overtime when a nonexempt employee performs hours of work in excess of 8 hours in a day or 40 hours in an administrative workweek (see 5 U.S.C. 6121 for additional exclusions for flexible and compressed work schedules and 5 CFR 551.501(a) for premium pay on an annual basis).

Hours of work under the FLSA includes time during which an employee is required to be on duty, suffered or permitted to work, or waiting or idle, under the agency’s control and for the agency’s benefit. (See 5 CFR 551, Subpart D)

Full-time, part-time, and intermittent nonexempt employees are eligible for FLSA overtime.

What is “suffered or permitted” work?

Suffered or permitted work is a term under the FLSA and only applies to nonexempt employees under a fixed work schedule (standard or compressed – no flexing). The term means any work performed by the employee for the benefit of the agency, whether requested or not, provided the employee’s supervisor knows or has reason to believe the work is being performed and has an opportunity to prevent the work from being performed. (See 5 CFR 551.104)

For example, a nonexempt employee is under a fixed standard work schedule and is scheduled to work M-F from 7am-3:30pm. It is 5pm and the supervisor is walking through the office, sees the employee working, has every opportunity to stop the employee from working but does nothing – suffered or permitted.

OVERTIME UNDER THE DIFFERENT WORK SCHEDULES

When is overtime under the different types of work schedules?

  • Flexible Work Schedule. Overtime is hours of work in excess of 8 hours in a day or 40 hours in a week that are officially ordered or approved in advance, in writing, by an authorized official. Overtime hours do not include hours that are worked voluntarily, including credit hours, or suffered or permitted which are not officially ordered in advance.
  • Standard Work Schedule. Overtime is hours of work in excess of 8 hours in a day or 40 hours in a week that are officially ordered or approved by an authorized official. Overtime hours also include any hours worked outside the standard work schedule that are suffered or permitted for nonexempt employees.
  • Compressed Work Schedule. Overtime is hours of work in excess of the compressed work schedule for that day (either 8, 9, or 10 hours), that are officially ordered or approved by an authorized official. Overtime hours also include any hours worked outside the compressed work schedule that are suffered or permitted for nonexempt employees. For part-time employees, overtime hours are hours in excess of the compressed work schedule for a day (more than 8 hours) or for a week (more than 40 hours).
  • First-40 Tour of Duty. Overtime hours are hours worked in excess of 40 hours in a week that are officially ordered or approved by a management official authorized to order and approve overtime work.

When is overtime for a part-time employee?

Overtime for part-time employees is for hours of work ordered or approved over 8 hours in a day or 40 hours in a workweek. The 40-hour standard applies to an employee who works more than 40 hours in a week.

For example, a part-time employee is on a maxiflex work schedule and scheduled to work 6 hours on M, W, and F (18 hours per week). On Monday, the supervisor directs the employee to work 12 hours. The employee codes 8 hours of regular time and 4 hours of overtime.

APPROVED IN ADVANCE

Does overtime need to be approved in advance?

Yes. Overtime for employees under a flexible work schedule must be ordered or approved in advance and in writing by an authorized official. (See 5 U.S.C. 6121)

Who is the authorized official that can order and approve overtime?

The authority to order and approve overtime has been delegated to agencies. Refer to your agency policy for the delegated official that is authorized to order and approve overtime.

Can I code overtime or comp time if I’m on a flexible work schedule and I decide to work more than 8 hours, or do I have to be approved first?

You must be approved in advance to earn overtime and comp time and cannot just code it if you decide to work more than 8 hours in a day. Overtime does not include hours that are worked voluntarily, including credit hours, or suffered or permitted hours which are not officially ordered in advance. (See 5 CFR 551.401(a)(2) and 5 U.S.C. 6121)

DOCUMENTATION

Does overtime have to be documented?

Yes. Overtime and compensatory time off in-lieu of overtime must be documented in writing on an agency-specific overtime authorization form or time and attendance system, as applicable, and approved by the delegated official authorized to approve overtime.

TYPES OF OVERTIME

Overtime is divided into two types of categories and is either irregular or regularly scheduled.

What is irregular or occasional overtime?

Irregular or occasional overtime is overtime scheduled in the workweek that is performed (not scheduled before Sunday). Fifteen minutes is the largest fraction of an hour an agency may use for crediting such work. Odd minutes are rounded up or rounded down to the nearest full fraction of a quarter hour (time from 1 to 7 minutes is rounded down and time from 8 to 14 minutes is rounded up and counted as a quarter hour of worktime). (See 5 CFR 550.112(a)(2))

What is regularly scheduled overtime?

Regularly scheduled overtime means the days and hours were scheduled before the start of the administrative workweek (before Sunday). Employees are compensated for every minute of regularly scheduled overtime work. Odd minutes are rounded up to the nearest full fraction of a quarter hour. (See 5 CFR 550.112(a)(1))

Irregular vs Regularly Scheduled

There is a lot of case law when it comes to irregular vs. regularly scheduled overtime and a defining factor is if the payment of regular overtime can meet a fact-specific test under 5 CFR 610.121(b)(3). If the supervisor responsible for scheduling the employee’s workweek had knowledge of the following in advance of the administrative workweek:

  1. The employee who will be scheduled;
  2. The specific day the overtime work will occur;
  3. The specific hours the employee is scheduled to perform the work; and
  4. The function of the duty to be performed.

If you know all of these four factors in advance of the administrative workweek then you are required to pay regularly scheduled overtime (or the employee can flex, earn comp, or credit, if applicable).

OVERTIME RATES

What is my FLSA overtime rate if I’m a nonexempt employee?

The FLSA overtime rate only applies to nonexempt employees. Under the FLSA, overtime pay is determined by multiplying the employee's straight time rate of pay by all overtime hours worked plus one-half of the employee's hourly regular rate of pay times all overtime hours worked. All overtime work that is ordered or approved must be compensated. All overtime work that is suffered or permitted also must be compensated, except for flexible schedule employees (basically, your overtime rate is equal to 1 ½ times you hourly regular rate of pay and is not capped). (See 5 CFR 551.501(a) and 5 CFR 551.512)

What is my Title 5 overtime rate if I’m an exempt employee?

Title 5 overtime only applies to exempt employees and if you are an exempt employee then your overtime rate is capped. (See 5 U.S.C. 5542)

  1. Your Rate is GS-10 Step 1 or Lower. If your rate of basic pay is the rate of a GS-10 step 1 or lower, then your overtime rate is 1 ½ times your hourly rate of basic pay.
  2. Your Rate is More Than GS-10 Step 1. If your rate of basic pay is more than the rate of a GS-10 step 1, then your overtime rate is 1 ½ times the hourly rate of a GS-10 step 1, or your hourly rate of basic pay, whichever is more.

What is my “rate of basic pay”?

For premium pay purposes, a “rate of basic pay” includes any applicable locality payment or special rate supplement. To determine your hourly rate of basic pay, find the pay table that applies to your position (Salaries & Wages), divide your annual rate of basic pay by 2,087 hours and round the result to the nearest cent. (See 5 CFR 550.106(d)(1))

LEAVE AND OVERTIME IN THE SAME WEEK

If I took leave during the week, can I still earn overtime?

Depends if you were on paid leave (e.g., annual, sick, credit, etc.) or unpaid leave (LWOP or AWOL).

  • Paid Leave. Hours of paid leave taken during the employee’s basic workweek count as hours of work for purposes of meeting the daily or weekly overtime standards.

    For example, you took 8 hours of annual leave on Friday, but your supervisor called and said 4 hours of overtime was approved for Friday. Even though you took 8 hours of annual leave, you could still earn overtime after your tour of duty on Friday (after you’ve logged 8 hours of annual leave for the day). If you worked during your scheduled tour of duty the hours would be coded as regular time and not overtime. (See 5 CFR 550.112(c))
  • Unpaid Leave. Hours of unpaid leave do not count as hours of work and must be made up first before receiving overtime.

    For example, you were on LWOP (16 hours for the week), but overtime was approved for the weekend. The 16 hours of non-pay hours must be made up first before you may receive overtime. (See 5 CFR 550.112(d))

OVERTIME WITH NIGHT DIFFERENTIAL

When can I claim overtime with night differential?

Overtime with night differential may only be claimed for regularly scheduled overtime hours worked from 6pm to 6am (the overtime hours must be scheduled and approved before the next workweek begins – before Sunday). (See 5 CFR 550.103, 5 CFR 610.102, and 5 CFR 610.111)

For example, an employee’s regularly scheduled tour of duty is Th-Sun from 9am-7:30pm. A special project came up and on Saturday, the supervisor scheduled 2 hours of overtime to be worked on Sunday from 7:30pm to 9:30pm (overtime scheduled and approved before the next workweek began). The project was taking longer than anticipated to complete so at 9:30pm, the supervisor approved 1 additional hour of overtime (overtime scheduled and approved in the current workweek). The employee codes 2 hours of overtime with night differential (TC-25) from 7:30pm-9:30pm and 1 hour of regular overtime (TC-21) from 9:30pm-10:30pm.

SENDING EMPLOYEES HOME EARLY

If I have an overtime authorization for 3 hours but the work is completed in 2 hours, can I send my employees home early?

Yes. The fact that an employee has an overtime authorization to perform overtime work does not mean the employee has a right to perform work when their supervisor has given a direct order to cease work.

BIWEEKLY AND ANNUAL PREMIUM PAY CAP

Is there a limit to how much premium pay that I can receive in a pay period?

Under the law, 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 for GS-15, step 10, or the rate payable for level V of the Executive Schedule (see 5 U.S.C. 5547). General Schedule employees may not be paid premium pay if it would cause the total of their basic pay, overtime pay, the dollar value of comp time, night pay, Sunday pay, holiday premium pay, AUO, LEAP, and standby duty pay to exceed the rate of a GS-15 step 10 (using your locality pay table), or Level V of the Executive Schedule, whichever is more.

If you have reached the pay cap, then you may not receive overtime and you also may not elect to receive comp time instead of overtime pay for those hours. If you work over the pay cap you will not receive additional compensation and may not charge the time worked to credit hours.

In certain emergency or mission critical situations, OHRM can waive the biweekly premium pay cap and apply the annual premium pay cap instead.

The biweekly and annual premium pay caps do not apply to FLSA overtime or to Federal Wage System employees.

If I’m a GS-15 step 10 (basic pay is at maximum rate), can my supervisor order me to perform overtime?

Yes. If your pay is at the maximum rate, you still may be required to perform overtime work, even though additional compensation is barred by the biweekly premium pay limit under 5 U.S.C. 5547. The limitation on the amount of premium pay an employee may receive is only a bar to the payment of premium pay. It does not affect basic pay or management’s right to order work. (See Comptroller General Opinions: B-178117, May 1, 1973; B-229089, December 28, 1988; and B-240200, December 20, 1990)

Premium Pay for Training

Overview

Title 5 generally prohibits payment of any form of premium pay for time spent in training. Due to the restrictions imposed and the limited exceptions, it is rarely appropriate to authorize premium pay for training-related activities that take place outside regular working hours.

References

What is the definition of “training”?

Training means the process of providing for and making available to an employee, and placing or enrolling the employee in, a planned, prepared, and coordinated program, course, curriculum, subject, system, or routine of instruction or education, in scientific, professional, technical, mechanical, trade, clerical, fiscal, administrative, or other fields which will improve individual and organizational performance and assist in achieving the agency's mission and performance goals. (See 5 U.S.C. 4101)

Premium Pay for Training

Can I claim overtime for training?

An employee’s premium pay entitlement for training hours is mandated under 5 U.S.C. 4109. Generally, an employee may not receive overtime, holiday, or night pay for time spent in training.

Limited Exceptions

Are there any exceptions that would allow me to earn premium pay for training?

Premium pay may not be paid for training unless it meets one of the limited exceptions under 5 CFR 410.402:

  1. Continuation of Premium Pay. Already receiving premium pay (overtime, night, Sunday, or holiday pay) based on the employee’s regularly scheduled tour of duty (this exception does not apply to full-time training at institutions of higher learning).

    For example, a group of employees regularly scheduled tour of duty is Sun to Thurs. The training occurs on Sunday and the employees are already receiving Sunday pay based on their regular work hours.
  2. Training at Night. Receiving training which is being given at night because situations the employee must learn to handle occur only at night.

    For example, a law enforcement officer learning to use their firearm during the night period and can only learn this function at night.
  3. Cost Savings. The cost of the training (including overtime, holiday, or Sunday pay) is less expensive than conducting the training during regular work hours. A cost comparison in required.

    For example, a group of employees will travel by air to attend training in a different city and the training is expected to last 8 hours for 7 consecutive days. It would be more cost effective to pay overtime and complete the training in 5 days instead of paying per diem for 2 additional days.
  4. Continuation of AUO, LEAP, or Standby Duty. AUO, LEAP, and standby duty continue through periods of training; however, continued payment of premium pay for AUO and standby duty is limited by regulations. (See 5 CFR 550.162(c))

    For example, a criminal investigator receives 25% LEAP and is directed to attend a week-long training. The employee continues to receive LEAP during the training.
  5. OPM Exception. Your agency asks for an exception and OPM grants it, in writing.

Additional Exceptions for Nonexempt Employees

Are there additional exceptions for nonexempt employees under the Fair Labor Standards Act (FLSA)?

Yes, see 5 CFR 551.423:

  1. Time spent in training is considered hours of work if the training is during the employee's regular working hours. When training is outside the employee's regular working hours, it is considered hours of work and subject to the payment of overtime under the FLSA if:
    • The employee is directed by supervision to take the training, in that the employee’s performance or continued retention in their current position would be adversely affected by non-enrollment in the training course; and
    • The purpose of the training is to improve the employee’s performance in their current position (the training is to maintain or improve the employee’s performance of assigned duties to the fully successful level), including remedial or refresher training or training to learn a new process, technique or technology of the employee’s current position (as opposed to upward mobility training or other courses designed to provide skills beyond those necessary in the current position, which is not compensable under the FLSA).
  2. Time spent by an employee performing work for the agency during a period of training is hours of work.
  3. Time spent in apprenticeship or other entry-level training; internships or career-related work study training; or Veterans Recruitment Act training outside regular working hours generally is not hours of work, provided no productive work is performed during such periods. However, this time may count as hours of work when permitted under 5 CFR 410.402(b) and 5 CFR 551.401(f)-(g).
  4. Time spent by an employee within an agency's allowance of preparatory time for attendance at training is considered hours of work if such preparatory time is during an employee's regular working hours or outside the employee's regular working hours, when the agency directs the employee to participate in the training, and the purpose of the training is to improve the employee's performance in the current position.
  5. Time spent attending a lecture, meeting, or a conference is credited as hours of work if attendance was during the employee's regular work hours or outside regular working hours if the employee was directed by the agency to attend or perform work for the benefit of the agency during the event.

Credit Hours for Training

Can I earn credit hours for training?

Credit hours cannot be earned if training or homework is required by an agency. If training is required, it does not constitute hours that an employee voluntarily elects to work with supervisory approval. (See 5 U.S.C. 6121 and OPM Factsheet: Credit Hours Under a Flexible Work Schedule)

Training on a Holiday

Can I receive holiday premium pay (double time) if I attend training on a holiday?

Generally, payment of premium pay for employees in training is prohibited unless the training meets one of the very limited exceptions under 5 CFR 410.402.

Student Loan Repayments

Overview

The student loan repayment program allows agencies to repay federally insured student loans as a recruitment or retention incentive for candidates or current employees of the agency. The program implements 5 U.S.C. 5379, which authorizes agencies to set up their own student loan repayment programs to attract or retain highly qualified employees.

References

Eligibility

Employees (as defined in 5 U.S.C. 2105) under the following appointments are eligible for student loan repayment (see DR 4050-537):

  1. Permanent employees;
  2. Term employees with at least 3 years left on their appointment;
  3. Temporary employees serving on appointments leading to conversion to term of at least 3 years or permanent appointments; or
  4. Employees serving on excepted appointments with conversion to term, career, or career- conditional appointments.

Approving Authority

Agency heads are delegated the authority to approve student loan repayments based on the written recommendation of an official of the agency who is at a higher level than the requesting official unless there is no official at the higher level. The authority may be redelegated to agency CHCOs.

Loans Eligible for Payment

Loans eligible for payment are those made, insured, or guaranteed under parts B, D, or E of title IV of the Higher Education Act of 1965, or a health education assistance loan made or insured under part A of title VII or part E of title VIII of the Public Health Service Act.

Approval Criteria

The proposed amount of the loan repayment, the rationale for the amount, and the following information must be attached for review by the recommending and approving officials for a student loan repayment:

  1. Recruitment.
    • A written determination of the unusually high or unique qualifications of the job candidate;
    • A written justification outlining the difficulty experienced or expected in filling the position if a student loan is not repaid; and
    • Each determination must be made before the individual enters on duty.
  2. Retention.
    • A written determination of the unusually high or unique qualifications of the employee that make it essential to retain the employee; and
    • If the student loan is not repaid the employee would likely accept employment outside the Federal service. This determination must be based on a declination of a job offer or the employee’s departure would affect the agency’s ability to carry out an activity or perform a function essential to an agency’s mission.

Payment Limitations

Agencies may make payments to the loan holder of up to a maximum of $10,000 for an employee in a calendar year and a total of not more than $60,000 (lifetime maximum) for any one employee. More than one loan may be repaid so long as the combined repayments do not exceed these limits.

Service Agreement

The employee must sign a written agreement consistent with 5 CFR 537.107, to serve a minimum of 3 years with the employing agency, regardless of the amount of repayment authorized and before the loan repayment is made (see DR 4050-537 for a sample service agreement). The 3-year period will begin when the agency makes the first repayment. Any loan repayment made after the initial 3-year agreement has been completed will extend the service agreement by 1 additional year for each additional payment made. If the employee transfers to work in another Federal agency before completing the service agreement or if they are separated voluntarily or separated involuntarily for misconduct, unacceptable performance, or a negative suitability determination under 5 CFR Part 731, the employee must reimburse they agency for all loan payments made on their behalf. In addition, an employee must maintain an acceptable level of performance in order to continue to receive repayment benefits.

Periods in a Non-Pay Status

Periods of leave without pay or other periods during which the employee is not in a pay status do not count toward completion of the required service period. The service completion date must be extended by the total amount of time spent in non-pay status. However, absence because of uniformed service or compensable injury is considered creditable toward the required service period upon reemployment.

Records and Reporting

By March 1st of each year, agencies must provide the following to OHRM reporting their student loan repayment information for the previous calendar year:

  1. Employee, pay plan, series, title, grade
  2. Amount of the student loan repayment
Sunday Premium Pay

Overview

Sunday pay is equal to 25% of an employee’s rate of basic pay for regularly scheduled work performed on a Sunday. Sunday pay is paid for the employee's non-overtime regularly scheduled tour of duty as long as any portion of that tour of duty falls on Sunday. It may not be paid for any periods where no work is done (annual leave, sick leave, holidays, etc.).

References

Title 5 U.S.C. 5546(a); 5 U.S.C. 6128(c); and 5 U.S.C. 5544(a) prescribe the statutory requirements for the payment of Sunday premium pay and the implementing regulations are in 5 CFR 550.103; 5 CFR 550, Subpart A; and 5 CFR 550.132. Also see the Office of Personnel Management (OPM) Factsheet: Sunday Premium Pay.

Eligibility

Who can receive Sunday pay?

An “employee”, as defined in 5 U.S.C. 5541 is entitled to Sunday pay. This includes full-time and part-time General Schedule (GS) employees and Federal Wage System (WG/WL/WS) employees. Intermittent employees and members of the Senior Executive Service (SES) are not eligible for Sunday pay.

Regularly Scheduled

What does “regularly scheduled” mean?

The term “regularly scheduled” means the work was scheduled in advance of the administrative workweek in which it was performed (scheduled and approved before Sunday). (See 5 CFR 550.103)

Actual Work

Can I claim Sunday pay when I take leave?

No. Sunday pay may only be paid for periods when an employee actually performs work on a Sunday.

Employees who are regularly scheduled to work non-overtime hours on Sunday, but do not work during their Sunday tour of duty because they are on paid leave, excused absence, using compensatory time off, credit hours, or time off as an incentive or performance award, or because Sunday is a holiday, may not receive Sunday pay. (See 5 U.S.C. 5546(a) and 5 CFR 550.171(a))

  • For example, an employee is scheduled to work 7am to 3:30pm on Sunday but the employee leaves early at 11am and uses sick leave. The employee codes Sunday pay from 7am to 11am only and may not receive Sunday pay during the hours coded as sick leave.

Do I receive Sunday pay when I’m off on a holiday?

No. Sunday premium pay is paid only for hours worked and may not be paid when no work is done. An employee may not receive Sunday pay for a holiday when they are excused from work on the holiday.

  • For example, an employee is on a compressed work schedule and is regularly scheduled Sun to Wed from 6:30am to 5pm and Sunday is the holiday. The employee is off work on the holiday and codes 66 – Holiday Paid Time Off for 10 hours and may not receive Sunday pay.

Number of Hours

How many hours of Sunday pay can I claim?

  1. Flexible Work Schedule: An employee is entitled to up to 8 hours of Sunday pay if they perform non-overtime work during their regularly scheduled tour of duty on a Sunday.
  2. Compressed Work Schedule: An employee under a compressed work schedule (not a flexible schedule) is entitled to Sunday pay for all non-overtime hours the employee works during each regularly scheduled daily tour of duty on a Sunday (usually 8, 9, or 10 hours). (See 5 U.S.C. 6128(c))
  3. Standard Work Schedule: An employee is entitled to up to 8 hours of Sunday pay if they perform non-overtime work during their regularly scheduled tour of duty on a Sunday.
  4. First-40 Schedule: An employee is entitled to up to 8 hours of Sunday pay when they perform non-overtime work on Sunday.
  5. Intermittent: An intermittent employee is not entitled to Sunday pay because intermittent employees do not have a regularly scheduled administrative workweek.

But I’m on maxiflex and I work 10 hours on Sundays, don’t I receive 10 hours of Sunday pay?

No. An employee under a flexible work schedule may not claim more than 8 hours of Sunday pay, even if they worked more than 8 hours. (See 5 CFR 550.103)

Employees under flexible work schedules are entitled to Sunday pay, up to 8 hours, based on electing to work flexible hours during a basic tour of duty that begins or ends on Sunday. Agencies may preclude employees from working flexible hours during a basic tour of duty that begins or ends on Sunday. (See 5 CFR 610.111(d) and B-245772, May 7, 1992)

Regularly Scheduled Tour of Duty that Begins or Ends on a Sunday

What if my shift starts at 11:30pm Sunday night and ends at 8am Monday morning, can I claim Sunday pay?

Yes. Sunday pay is paid for your entire non-overtime tour of duty as long as any portion of that tour of duty falls on Sunday. If you are regularly scheduled to work Sunday from 11:30pm to 8am Monday morning, you would code 8 hours of Sunday pay even though only 30 minutes of your scheduled tour of duty falls on a Sunday (6 hours Sunday with night differential from 11:30 to 6am, and 2 hours Sunday pay from 6am to 8am).

Two Shifts on a Sunday

What if I work nights and one shift ends on Sunday morning and my next shift starts Sunday night?

When an employee has two separate tours of duty on Sunday, they are entitled to Sunday pay for performing work during each tour of duty.

  • For example, an employee is regularly scheduled to work Th to M from 6pm to 2:30am. The employee begins work on Saturday night at 6pm and works until 2:30am Sunday morning and receives 8 hours of Sunday pay. The employee begins work on that same Sunday at 6pm and works until 2:30 Monday morning and receives an additional 8 hours of Sunday pay (16 hours total). The employee receives up to 8 hours of Sunday pay for each regularly scheduled tour of duty that begins or ends on a Sunday.

Overtime

Can I claim Sunday pay for overtime hours?

No. Sunday pay is paid for all regularly scheduled, non-overtime hours, worked on a Sunday. Sunday pay is not paid for overtime hours of work. (See 5 CFR 550.103)

Credit Hours

Can I receive Sunday pay when I earn credit hours?

No. Employees may not earn Sunday pay when they earn or use credit hours. Credit hours may be earned only when employees work voluntarily, with supervisory approval, in excess of their regularly scheduled basic work requirement. An employee may not receive Sunday pay or night pay when credit hours are earned because when employees earn credit hours they are not performing regularly scheduled work. By contrast, Sunday pay and night pay are authorized for regularly scheduled work. (See OPM Factsheet: Credit Hours and Handbook on Alternative Work Schedules)

Training

Can I claim Sunday pay when I’m in training?

You may not receive Sunday pay while in training unless you are already receiving Sunday pay based on your regularly scheduled tour of duty and the training takes place on a Sunday. (See 5 CFR 410.402)

Travel Status

Do I receive Sunday pay when I’m in official travel status and travel on a Sunday?

If you are regularly scheduled to work on Sunday and travel on Sunday, you continue to receive Sunday pay during the hours that correspond to your scheduled tour of duty.

If you’re not regularly scheduled to work on Sunday but travel on a Sunday, you may not receive Sunday pay.

  • For example, an employee’s scheduled tour of duty is M to F from 7am to 3:30pm and they travel by airplane on Sunday from 12pm to 4pm. The employee codes travel comp from 12pm to 4pm for the time spent traveling outside their scheduled tour of duty that was not otherwise considered hours of work.

No Compounding of Premium Pay

What if I’m scheduled to work at night, on a Sunday, and that Sunday falls on a holiday?

Premium pay for Sunday work is in addition to premium pay for holiday work, overtime pay, and night pay differential. It is not included in the rate of basic pay used to compute the pay for holiday work, overtime pay, or night pay differential. (See 5 CFR 550.172)

Time Spent Traveling

General

Official travel is travel for work purposes approved in advance by your supervisor. The mileage radius is 50 miles when determining whether your travel is within or outside the limits of the official duty station for determining entitlement to overtime for travel. Travel time includes time spent during the physical act of traveling including usual wait time for transportation but does not include your normal commuting time to and from work.

For easy-to-follow steps to help you determine how to code your timesheet, refer to Section 7: How to Code Your Timesheet when on Official Travel.

References

Title 5 U.S.C. 5542, 5 U.S.C. 5544, 5 U.S.C. 5546, and 29 U.S.C. 254 prescribe the statutory requirements for time in travel status, hours of work, and travel on a holiday. The implementing regulations, including home-to-work travel, are in 5 CFR 550.112, 5 CFR 551.401, 5 CFR 551.422, and 5 CFR 610.123. Also see Bobo v. United States, 136 F.3d 1465, Feb 9, 1998; B-180084, B-183174, AUG 1, 1977, 56 COMP GEN 847, and 113 LRP 17364 (Fed. Arb. 2013). Also see OPM Fact Sheet: Hours of Work for Travel. Title 5 U.S.C. 5550b prescribes the statutory requirements for compensatory time off for travel and the implementing regulations are in 5 CFR Part 550 Subpart N. Also see OPM Fact Sheet: Compensatory Time Off for Travel.

SECTION 1: HOME-TO-WORK TRAVEL

Normal commuting time from home-to-work and from work-to-home is not considered hours of work and is not compensable (see 5 CFR 551.422(b) and 5 CFR 550.112(j)(2)). Basically, home-to-work travel means you must deduct your normal commuting time that you would typically have from your travel time when you are traveling from your home to a temporary duty station that is more than a 50-mile radius from your official duty station.

  1. Travel is from Home to a Temporary Duty Station that is Within a 50-Mile Radius of your Official Duty Station

    If you are a remote worker and your home is your official duty station (as indicated on your SF-50), then there is no commuting offset. For all others, including teleworkers, if you are reporting from your home to a temporary duty station that is within a 50-mile radius of your official duty station (not 50 miles from your home), then the travel time is not paid unless you are performing substantial work while traveling. Substantial work means work under the control and direction of the employing agency (i.e., productive work of a significant nature that is an integral and indispensable part of the employee’s principal activities). Home-to-work/work-to-home travel includes the employee’s commute from:
    • The employee’s home to their official duty station. You can’t get paid to commute from home to work. An employee who has completed their tour of duty and who is given a Government vehicle to drive home is not working during the travel time even when the radio must be left on so the employee can respond to emergency calls. The time spent responding to such calls is compensable. (See Bobo v. United States)
    • The employee’s home to a temporary duty station that is within a 50-mile radius of the official duty station. Time spent traveling outside of your regular working hours to a temporary duty station (training facility, field site, different office, etc.) that is within a 50-mile radius of your official duty station is considered home-to-work travel and may not be paid, even when driving a GOV, unless you are performing substantial work while commuting.
      • Example: Travel from Home to Temp Duty Station. For example, you’re a teleworker and your official duty station is the agency worksite, but your supervisor directs you to attend an all-day meeting at the Regional Office tomorrow that begins at 8am. You will drive directly from your home to the Regional Office. The Regional Office is 51 miles away from your home but it’s only 35 miles away from the official duty station. The time spent traveling from your home to the Regional Office is within a 50-mile radius of the official duty station. The travel time is not paid because it is considered normal commuting time. Time begins at 8am when the meeting begins.
      • Example: Remote Worker Travels to Agency Worksite. For example, a remote worker’s official duty station is their home, as indicated on their SF-50. The employee was directed by their supervisor to report to the agency worksite on Monday to attend training from 8am to 5pm. The agency worksite is 4 miles from the employee’s home and they must leave their home by 7:45am to arrive at the agency worksite by 8am. The 15-minute travel time is coded as travel comp (both ways). There is no commuting offset for a remote worker whose official duty station is their home because there is no commute involved.
      • Example: Drove to Work to Pick up GOV. For example, you’re attending training tomorrow at 8am and the training facility is 45 miles away from the official duty station. Your supervisor directs you to drive to work to pick up a GOV so you will drive the GOV, instead of your POV, to the training facility. You leave your home at 6am, arrive at the office at 6:30am and pick up a GOV, and drive yourself to the training facility. Time begins at 6:30am (travel comp) when you pick up the GOV because your supervisor directed you to drive a GOV to the training facility.

        Travel to Training. The regulations for travel to and from training and the regulations for overtime for attending training are separate and distinct. The act of traveling by itself absent any other assigned duty or emergency is not considered work for the purposes of determining overtime compensation.
    • The employee’s home to a transportation terminal that is within a 50-mile radius of the official duty station. Time spent traveling outside of your regular working hours to a transportation terminal (airport, bus, train) that is within a 50-mile radius of your official duty station is considered home-to-work travel and may not be coded as work time on your timesheet unless you are performing substantial work while commuting.
      • Example: Travel from Home to Airport. For example, you’re scheduled to travel by air on Monday morning. The airport is 60 miles from your home but only 20 miles from the official duty station. You’re not paid for the commute from your home to the airport because it’s within a 50-mile radius of the official duty station. You need to leave your home at 6am to catch a 9am flight. Time begins at 7:30am to account for “usual wait time” – see Section 2 (1 ½ hour usual wait time for domestic flights (9am - 90 min = 7:30am)).
      • Example: Travel from Work to the Airport. If you travel between a worksite and a transportation terminal, the travel time outside regular working hours is creditable as time in a travel status and no commuting time offset applies. For example, after completing your workday you travel directly from the regular worksite to an airport to fly out tonight so you can attend a meeting in a different city tomorrow morning. Travel time between the regular worksite and the airport is creditable as time in a travel status (travel comp). This is different from travel from home to a transportation terminal that is within the boundaries of your official duty station (that type of travel is considered the equivalent of commute time and is not creditable).
    • The employee’s temporary lodging to a temporary duty station that is within a 50-mile radius of the temporary lodging. Travel from temporary lodging to a training or worksite that is within a 50-mile radius of the temporary lodging is considered home-to-work travel and is not paid unless you are performing substantial work while commuting.
      • Example: Travel from Hotel to Temporary Worksite. For example, you’re attending a week-long training in another city (assigned to a temporary duty station overnight). The hotel is 35 miles away from the training facility and the class begins at 8am. You’re not paid for your travel time from the hotel to the training site because the training facility is within a 50-mile radius of the hotel and is considered home-to-work travel. Time begins at 8am.
  2. Travel is from Home to a Temporary Duty Station that is More than a 50-Mile Radius from your Official Duty Station

    Normal home-to-work travel must be deducted from the total travel time when commuting directly from your home to a temporary duty station that is more than a 50-mile radius from the official duty station (including traveling from your home to a transportation terminal).

    How long does it take you to drive to work in the morning…15 minutes, 30 minutes?

    The amount of time it takes you to commute to work is your ‘normal home-to-work travel’. You deduct that amount of time from total travel time when traveling from your home to a temporary duty station that is more than a 50-mile radius from the official duty station.

    There is no commuting offset for a remote worker whose official duty station is their home because there is no commute involved.
    • Example: Travel from Home to Temp Duty Station (more than 50 miles). For example, you’re a teleworker and your official duty station is the agency worksite, but your supervisor directs you to attend an all-day meeting at the Regional Office tomorrow that begins at 8am. The Regional Office is 75 miles from the official duty station so home-to-work travel must be deducted from total travel time. It normally takes you 30 minutes to drive to work in the morning, but you will need to leave your home at 6:30am because it will take you 1 ½ hours to drive to the Regional Office. You code travel comp for 1 hour (not 1 ½ hours) because you must deduct your normal commuting travel from total travel time (both ways).
    • Example: Remote Worker Travels to Agency Worksite (more than 50 miles). For example, a remote worker’s official duty station is their home and it is 100 miles from the agency worksite. The employee was directed by their supervisor to report to the agency worksite on Monday to attend training from 8am to 5pm. It will take the employee 2 hours to travel to the agency worksite. The employee codes travel comp for 2 hours and no travel offset applies.
    • Example: Travel from Home to Airport (more than 50 miles). For example, you’re scheduled to fly on Sunday at 9:30am and the airport is 55 miles from the official duty station. You will need to leave your house at 6:30am to arrive at the airport for an 8am check-in time (check-in time is 1 ½ hours before the flight departs). Total drive time is 1 hour (6:30am-7:30am) but it normally takes you 15 minutes to drive to work in the morning. Travel time begins at 6:45am and not when you left your house at 6:30am.
    • Example: Travel from Hotel to a Training Site (more than 50 miles). You don’t deduct home-to-work travel when the commute from the hotel to the temporary duty station is outside the 50-mile radius. For example, you’re attending a week-long training event (assigned to a temporary duty station overnight). The training facility is 55 miles away from the hotel and you drive yourself from the hotel to the training facility. No travel offset applies and the travel time is coded as travel comp.
    • Example: Drove to Agency to Pick up GOV (more than 50 miles). For example, a nonexempt employee will attend training tomorrow from 8am-5pm and the training facility is 80 miles from the official duty station. The supervisor tells the employee to drive a GOV to the training facility. The employee leaves their home at 6am, picks up a GOV at 6:30am, and drives themselves (no passengers) to the training facility. Class ends at 5pm and the employee drops off the GOV at 6:30pm. Time is coded: Travel comp (6:30am-8am); Base hours (8am-5pm); Travel comp (5pm-6:30pm)

SECTION 2: TIME IN TRAVEL STATUS

Travel time is the physical act of traveling. You are considered to be in a travel status only for those hours spent actually traveling between two points; between the official duty station and the point of destination, or between two temporary duty points.

  1. Travel Status Begins

    OPM has considered travel by public conveyance (plane, boat, train, bus) to begin at the departure of the vehicle plus any “usual wait time” prior to that departure during which an employee was required to arrive at the terminal. “Usual wait time” refers to short periods of idle time that are typical of travel and caused by factors beyond the traveler’s control, such as connection periods between flights or short delays. This sort of wait time is considered part of travel and is compensable when the travel as a whole is compensable.

    The usual waiting time is 1 ½ hours for domestic flights and two hours for international travel but may be longer based on your area.

    In addition, time spent at an intervening airport waiting for a connecting flight, up to three hours, is creditable time in a travel status. (The Comptroller General has ruled that such time is generally limited to three hours per segment of travel (e.g., a flight with a connection would have two segments)).
    • Example: Public Conveyance Within 50 Miles of the Official Duty Station and Usual Wait Time. If the airport is within a 50-mile radius of the official duty station, outbound travel status begins when you arrive at the transportation terminal (plus usual wait time) and not when you leave your home (unless you are a remote worker). For example, the airport is 25 miles from the official duty station, and you need to leave your home at 7am to catch a 9:30am flight. Travel time begins at the time the public conveyance departs plus the usual wait time. If the flight is scheduled to depart at 9:30am and the usual wait time is 1 ½ hours for a domestic flight, then your time begins at 8am and not when you left your house at 7am.
    • Example: Public Conveyance is More than a 50-Mile Radius of the Official Duty Station and Usual Wait Time. If the airport is more than a 50-mile radius from the official duty station, home-to-work travel must be deducted from the period of creditable travel (unless you are a remote worker and your official duty station is your home). For example, your scheduled tour of duty is M-F from 7am to 3:30pm and your flight is scheduled on Monday at 8am. It normally takes you 30 minutes to drive to work in the morning. You will need to leave your house at 5am for a 6:30am check-in time (1 ½ hours before flight departs). The flight departs at 8am, there’s a layover, you eat lunch in the airport while waiting for your next flight, and you arrive at the hotel at 6pm. Time is coded: travel comp from 5:30am-7am (deduct 30 min normal commute time), base hours from 7am-3:30pm (deduct meal period), and travel comp from 3:30pm-6pm.

      Remember to deduct a meal period, if applicable (stopping for a meal during a layover). If unable to stop then don’t deduct a meal period. Also, meal periods are not required when only claiming travel comp during the day.

      “Extended wait time” is not considered time in travel status and includes very long connection periods or unusual delays. If you experience an unusually long wait prior to your initial departure or between actual periods of travel during which you are free to rest, sleep, or otherwise use the time for your own purposes, the extended waiting time outside your regular working hours is not creditable time in a travel status. An extended waiting period that occurs during your regular working hours is compensable as part of your regularly scheduled administrative workweek.
      • Example: Extended Wait Time. For example, you’re scheduled M-F from 6am to 2:30pm. On Monday, you will travel by air and the flight will depart at 1pm. You begin work at 6am and leave the office at 11am to arrive at the airport for an 11:30am check-in time (1 ½ hour check-in for a domestic flight). The outbound flight has been delayed due to weather. Delays continue and you don’t fly out until 7pm. The time waiting during the normal tour of duty is paid at your base rate (e.g., TC-01) and up to 3 hours outside the tour of duty for usual wait time is coded as travel comp. The extended wait time from 5:30pm to 7pm is not paid. Travel comp begins again at 7pm when the flight departs, and travel status ends when the employee arrives at the hotel.
  2. Travel Status Ends

    Time in a travel status ends when you arrive at the temporary duty worksite or your temporary lodging, wherever you arrive first. Time spent at a temporary duty station between arrival and departure is not time in a travel status.
  3. Travel Status Resumes

    Time in travel status resumes when you depart from the temporary duty worksite or your temporary lodging, wherever you depart last.

SECTION 3: COMPENSATORY TIME OFF FOR TRAVEL (TRAVEL COMP)

If you travel on a regular workday during your scheduled tour of duty the time is coded as base hours (TC-01, etc.). If you travel before or after your scheduled tour of duty or if you travel on a regular day off, then the time is coded as travel comp unless you are performing substantial work while traveling or the travel is considered hours of work under Title 5 or the Fair Labor Standards Act (FLSA) (see Section 4).

Travel comp is earned for time spent in work-related travel (the same travel rules apply); the travel was approved by your supervisor, the travel is more than a 50-mile radius away from your official duty station (unless you are a remote worker), the travel time occurs outside your tour of duty, and the travel time is not compensable under any other authority (not paid as regular time (if you were authorized to flex) or not paid as overtime (for substantial work while traveling)).

Additional Travel Comp Information

  1. “Travel comp” is not the same thing as “comp time”. The two terms are mutually exclusive and are not interchangeable:
    • Travel Comp. Compensatory time off for travel (travel comp) is used when time spent traveling is not paid under another legal authority.
    • Comp Time. Compensatory time off in-lieu of overtime (comp time) is time off instead of receiving overtime pay.
  2. Home-to-work travel (normal commuting time) must be deducted from the period of travel comp.
  3. Extended or unusual waiting periods are not creditable for travel comp.
  4. There isn’t a limit to how much travel comp you can earn, but you must use it within one year or you will lose it.
  5. When you transfer to another agency all unused travel comp is forfeited.
  6. Time spent traveling to a new official duty station is not creditable for travel comp.
  7. Intermittent employees may not earn travel comp.
  8. Travel comp is not included in a final lump sum payment.
  9. LEAP employees may not earn travel comp for travel during unscheduled duty hours.
  10. You forfeit unused travel comp if you move into a position not covered by travel comp (e.g., SES).

SECTION 4: TRAVEL THAT IS HOURS OF WORK

When Travel Outside the Tour of duty is Overtime and not Travel Comp

  1. Travel That is Hours of Work Under Title 5

    Official travel away from an employee’s official duty station is hours of work if the travel is within the days and hours of the employee’s regularly scheduled administrative workweek, including regularly scheduled overtime hours. (See 5 U.S.C. 5542(b)(2) and 5 CFR 550.112(g))

    When the travel is outside the hours of your regularly scheduled workweek, official travel away from your official duty station is hours of work when the travel is ordered or approved and meets one of the following conditions (if the travel meets one of the four conditions, then the travel is compensated as overtime (or comp time off in-lieu of overtime or flex (if applicable), no credit), or AUO/LEAP for irregular overtime for LEI). Including the return travel to your official duty station):
    • You are involved in the actual assigned performance of work while traveling. This is travel that involves work you can only perform during travel. For example, driving a loaded truck to a fire camp, guarding a prisoner, or conducting a mobile surveillance.
    • The travel undertaken is incident to the performance of work while traveling. If you perform work while traveling, then the return travel is also considered hours of work, even though you may no longer be performing work. For example, you drive a loaded truck to a fire camp, unload the cargo, and then drive the empty truck back to the warehouse. The return travel is considered hours of work.
    • The travel is carried out under such arduous conditions that the travel is inseparable from the work. This is travel under such arduous and unusual conditions that the travel is inseparable from work. For example, travel to remote, barely accessible locations by foot, horseback, small watercraft, or truck; travel over unusually adverse terrain; or travel during severe weather conditions.
    • The travel results from an event that could not be scheduled or controlled administratively. The travel must be to respond to an event that could not be scheduled or controlled administratively and there must be an immediate official necessity for the travel to be performed outside your regular duty hours. This is travel where no agency in the Executive branch of the Federal Government was a part of scheduling the event. For example: Travel to an emergency wildland fire; travel to an isolated installation to make emergency repairs on communications equipment; travel to investigate an accident; or attending training from a nongovernment source. Travel is not compensable to and from Government training programs that are arranged for and scheduled by parties other than an agency of the Federal government, but solely for the benefit of the government, or for meetings and conferences sponsored by a group of Federal agencies.
  2. Additional Travel that is Hours of Work under the FLSA

    Only applies to nonexempt employees

    For nonexempt employees, travel time is credited under Title 5 and the FLSA. Official travel outside the hours of a nonexempt employee’s regularly scheduled workweek is hours of work if the travel meets one of the four conditions under Title 5 above, or if the travel meets one of the following three additional conditions under the FLSA (see 5 CFR 551.422(a) and 5 CFR 551.401(h)):
    • The employee is required to perform work while traveling, including driving. Nonexempt employees who drive a GOV to training when the travel occurs outside their scheduled tour of duty may not receive overtime if the travel is not associated with any other assigned duties or emergency because the only act that is being performed is the travel itself. The time is coded as travel comp. (See 113 LRP 17364, NFFE and Forest Service, Federal Arbitration, February 25, 2013)
    • Travel as a passenger on a 1-day assignment (round trip) away from their official duty station.
      • Example: Nonexempt Employee Drove GOV with Another Nonexempt Employee as Passenger. For example, a nonexempt employee’s scheduled tour of duty is M-F from 8am to 4:30pm. The employee will attend training on Mon. from 8am to 5pm that is 55 miles from the official duty station. The employee picks up a GOV at 7am and has another nonexempt employee as a passenger in the vehicle. It takes one hour to drive to the training facility. Both employees would code overtime (not travel comp) for the one-hour travel time to and from the training facility.

        If a nonexempt employee drove to work to pick up a GOV and drives another nonexempt employee to the training facility, then the travel time is considered hours of work under the FLSA.

        Same example but with exempt employees – the travel time would be coded as travel comp because driving a passenger and traveling as a passenger are not considered hours of work under Title 5.
    • Travel as a passenger on an overnight assignment away from the official duty station during hours on a non-workday that correspond to the employee’s regular working hours.
      • Example: Nonexempt Employee Travels on Regular Day Off. For example, a nonexempt employee’s scheduled tour of duty is M-F from 7am to 3:30pm. The employee will travel by air on Sunday from 1pm to 7pm to attend training scheduled M-F in another city. On Sunday, the travel time from 1pm to 3:30pm is coded as overtime (the hours that correspond to the employee’s scheduled tour of duty on a regular day off), and the travel time from 3:30pm to 7pm is coded as travel comp (for the travel that occurred outside their scheduled tour of duty).

        Same example but with an exempt employee - If an exempt employee traveled on their regular day off the travel would be coded as travel comp.

SECTION 5: TRAVEL ON A HOLIDAY

To the extent practicable, employees should not be required to travel on a holiday. However, if required to travel on a holiday, you are already receiving holiday paid leave during the hours that correspond to your daily tour of duty, and since an employee can’t be paid twice for the same hour of work, then you cannot receive additional compensation for those hours.

Holiday Paid Leave. If you travel on a holiday during your regular tour of duty, the time spent traveling is coded as holiday paid leave and you may not receive additional compensation unless the travel is considered hours of work under Title 5 or the FLSA (see Section 4).

Travel Comp. If you travel on a holiday outside your regular tour of duty, the time spent traveling is coded as travel comp unless the travel is considered hours of work under Title 5 or the FLSA. You can’t code travel comp for travel during your regular tour of duty because you’re already receiving holiday paid leave during that time.

Holiday Premium Pay. You can’t earn holiday premium pay (double time) for travel during your regular tour of duty, or overtime for travel outside your regular tour of duty, unless the travel is considered hours of work under Title 5 or the FLSA.

  • Example: Traveled on Holiday During Tour of Duty. For example, your scheduled tour of duty is M-F from 8am to 4:30pm. The holiday is Monday, and you travel by airplane on Monday from 10am to 3:30pm. The timesheet is coded as 8 hours holiday paid leave from 8am to 4:30pm (applies to nonexempt and exempt).
  • Example: Travel Occurred both During Tour and Outside Tour. For example, your scheduled tour of duty is M-F from 8am to 4:30pm. The holiday is Monday, and you travel by airplane on Monday from 1pm to 10pm. The timesheet is coded as holiday paid leave from 8am to 4:30pm (the hours that correspond to your scheduled tour of duty) and coded as travel comp from 4:30 pm to 10pm (for the travel that occurs outside your scheduled tour of duty). Applies to nonexempt and exempt.

SECTION 6: FREQUENTLY ASKED QUESTIONS

Q: Can I choose the type of compensation I will receive for travel?

A: The types of compensation are mandated by regulations and are dependent on your regularly scheduled tour of duty and if the travel is considered hours of work under Title 5 or the FLSA.

For example, if a nonexempt employee is flying and the travel time goes outside of their tour of duty then the time is coded as travel comp. The employee may not receive overtime, comp time off in-lieu of overtime, or credit hours, and depending on the situation they may not even be allowed to flex (e.g., attending weeklong training must be placed on a work schedule consisting of five 8-hour days).

Just like the example of an employee who could not receive travel comp for driving a loaded truck to fire camp outside their scheduled tour of duty because that situation meets the criteria for hours of work under Title 5. The time is coded as overtime and may not be coded as travel comp or credit.

Q: Can I earn credit hours for traveling?

A: No. You may not earn credit hours for traveling because travel in connection with Government work is not voluntary in nature.

Q: What if I elect to travel at a time other than the time selected by my agency?

A: Management determines the mode, method, and time of travel in accordance with the Federal Travel Regulations. However, when you are offered one mode of transportation and are permitted to use an alternate mode, or travel at a different time than selected by the agency, it must be approved prior to the travel, and you will receive the lesser of either the actual travel hours or the estimated hours of travel using the agency’s authorized mode of travel.

For example, a nonexempt employee is authorized to travel by air on Monday morning to a temporary duty location and the total travel time would be 3 hours. However, the employee requested to drive their own vehicle instead of flying to the temporary duty station. The supervisor approves and the employee drives on Sunday (regular day off) and the trip takes 8 hours to complete. Only 3 hours is considered hours of work (not 8 hours) because 3 hours is the amount of time the employee was otherwise entitled to receive as travel time.

Q: I have training next week in another city. Can I travel on Friday and have a long weekend and receive extra per diem for training that begins on Monday?

A: No. The Comptroller General has ruled it is contrary to good public policy and government fiscal responsibility to authorize employees two or more days of extra per diem to allow employees to travel on duty time (see 56 Comp. Gen. 847, 77 FPBR 1158 (1977)). That means you may not travel on Friday to a temporary duty assignment scheduled to begin on Monday and receive per diem for the extra days; you will have to travel on Sunday. If you wanted to leave early and use your personal leave so you can have a long weekend that’s OK, with supervisory approval. You just can’t receive per diem for the extra days.

For example, an employee is authorized to travel by air on Sunday to attend M-F training in another city. However, the employee has family in the area and requested to drive their own vehicle and spend a few extra days with their family. The employee requests annual leave beginning on Wednesday, per diem does not begin until Sunday, and the employee will receive the estimated hours of travel using the agency’s authorized mode of travel or actual travel, whichever is less.

Q: Can an employee earn travel comp for travel in conjunction with union representational duties?

A: No. The term “travel” is defined at 5 CFR 550.1403 to mean officially authorized travel (i.e., travel for work purposes approved by an authorized agency official or otherwise authorized under established agency policies). The definition specifically excludes time spent traveling in connection with union activities. The term “travel for work purposes” is intended to mean travel for agency-related work purposes. Employees who travel in connection with union activities are not entitled to earn travel comp because they are traveling for the benefit of the union and not for agency-related work purposes.

Q: If I’m required to check out of the hotel well in advance of my scheduled departure, when will my time begin?

A: OPM has considered travel by public conveyance (plane, rail, bus) to begin at the departure of the vehicle, plus any usual waiting time prior to that departure during which an employee was required to arrive at the terminal (e.g., arriving at an airport for a domestic flight 1 ½ hours in advance). However, OPM has also indicated that return travel begins at departure from a temporary duty station or lodging, and that the travel from there to the public conveyance terminal is not itself subject to the commute offset. Travel time between lodging or a duty station and a terminal is limited to the time reasonably needed to arrive at the terminal, plus usual wait time. Idle time at a hotel is not considered “usual wait time,” nor is it time actually spent in travel between two points. It is also not time that is sufficiently restricted or controlled to constitute “standby” time. Therefore, the time is not paid.

Q: Can I receive night pay if I travel at night or Sunday pay if I travel on a Sunday?

A: You can only receive night pay if working at night is part of your regularly scheduled tour of duty and you travel during the night period (6pm to 6am).

You can only receive Sunday pay if working on Sunday is part of your regularly scheduled tour of duty and you travel on a Sunday.

Q: My employee’s scheduled tour of duty is M-F from 8am to 4:30pm and next week he needs to travel on Sunday to attend M-F training. Can I adjust his work schedule to work on Sunday so he can claim Sunday premium pay instead of travel comp while traveling on Sunday?

A: No. A supervisor may not adjust an employee’s normal regularly scheduled administrative workweek solely to include travel hours that would not otherwise be considered hours of work. (See OPM Fact Sheet: Hours of Work for Travel)

Q: What if the travel involves two or more time zones?

A: When your travel involves two or more time zones, the time zone from point of first departure must be used to determine how many hours you actually spent in travel status for the purpose of accruing overtime or travel comp. The return trip is based on the time zone of the temporary duty location.

SECTION 7: HOW TO CODE YOUR TIMESHEET WHEN ON OFFICIAL TRAVEL

Your regularly scheduled tour of duty will determine how you code your timesheet when you travel and your FLSA status will determine if the travel is considered hours of work under Title 5 or the FLSA.

  1. When you travel on a regular workday during your scheduled tour of duty, the travel time is paid at the regular base rate (TC-01, etc.).
  2. If you travel before your tour of duty begins, after your tour of duty ends, or if you travel on a regular day off, then the time is coded as travel comp unless you are performing substantial work while traveling or if the travel is considered hours of work under Title 5 or the FLSA. If traveling outside your tour of duty and the travel is considered hours of work, then the time is coded as overtime (or the employee may elect comp time off in-lieu of overtime, or flex, if applicable). Credit hours may not be coded because the work is not voluntary when you are on official travel for the government.

Follow the steps in the table below to determine how to code your timesheet when on official travel:

Steps

How to Code Your Timesheet

STEP 1:

Was the travel from home (or hotel if TDY) to a temporary duty station?

If no, go to Step 2.

Within 50-Miles: When commuting from home to a temporary duty station that is within a 50-mile radius of the official duty station (not your home); or when commuting between a hotel and a work or training site at a temp duty station that is within 50 miles of the hotel, the travel time is not paid unless you are performing substantial work while commuting (does not apply to remote workers when their home is their official duty station). END.

More than 50 Miles: When commuting from home to a temporary duty station that is more than a 50-mile radius from the official duty station (not your home), normal home-to-work travel must be deducted from the total travel time (does not apply when TDY and commuting between your hotel and a work or training site at a temp duty station that is more than 50 miles from the hotel). The commuter offset also does not apply to remote workers when their home is their official duty station. GO TO STEP 2.

STEP 2: Was the travel on a regular workday, during your scheduled tour of duty?

If no, go to Step 3.

Travel on a regular workday during your scheduled tour of duty is coded as base hours (TC-01, etc.). END.

 

STEP 3:

Was the travel on a regular workday but outside your scheduled tour of duty?

If no, go to Step 4.

Exempt: Coded as travel comp (or flex, if applicable), unless the travel is under the following four situations, then paid as overtime (comp in-lieu of OT, or flex, if applicable, no credit), or AUO/LEAP (for irregular OT for LEI):

  1. You’re involved in the actual assigned performance of work while traveling.
  2. The travel undertaken is incident to the performance of work while traveling.
  3. The travel is carried out under such arduous conditions that the travel is inseparable from work.
  4. The travel results from an event that could not be scheduled or controlled administratively. END.

Nonexempt: Coded as travel comp (or flex, if applicable), unless the travel is paid from the four situations under exempt or paid from the three additional situations below, then coded as overtime (comp in-lieu of OT, or flex, if applicable), or AUO for irregular OT:

  1. Perform work while traveling, including driving passengers.
  2. Travel as a passenger on a 1-day assignment (round trip) away from your official duty station
  3. Travel as a passenger on an overnight assignment away from the official duty station during hours on a non-workday that correspond to your regular working hours. END.

STEP 4:

Was the travel on a regular day off?

Exempt: Travel on your regular day off is coded as travel comp (or you can flex, if applicable, no credit), unless the travel is paid from above. END.

Nonexempt:

  1. Travel during the hours that correspond to your scheduled tour of duty on a regular day off is coded as overtime (comp in-lieu of OT, or flex, if applicable, no credit).
  2. Travel outside your scheduled tour of duty on a regular day off is coded as travel comp (or flex, if applicable, no credit), or AUO for irregular OT, unless the travel is paid from above. END.

Departmental Regulations

USDA Pay-Setting Guides

The following pay-setting guides and worksheets were developed to provide a comprehensive reference to assist Human Resources Specialists with setting pay. The guides provides in-depth coverage of many areas; however, users should refer to applicable laws, regulations, Departmental Regulations, and agency-specific policy when making pay decisions.

OHRM Compensation and Leave Advisories

Office of Personnel Management and Other Resources

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