FEDERAL EMPLOYEES FLEXIBLE AND COMPRESSED WORK SCHEDULES ACT OF 1982

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85-00003R000300070010-3
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 24
• Document Creation Date: December 20, 2016
• Document Release Date: May 3, 2007
• Sequence Number: 10
• Publication Date: February 22, 1982
• Content Type: OPEN SOURCE

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97TH CONGRESS HOUSE OF REPRESENTATIVES REPORT
2d Session No. 97-433
FEDERAL EMPLOYEES FLEXIBLE AND COMPRESSED
- WORK SCHEDULES ACT OF 1982
FEBRUARY 22, 1982.-Committed to the Committee of the Whale House on the
State of the Union and ordered to be printed
Ms. FERRARQ, from the Committee on Post Office and Civil Service,
submitted the following..-
REPORT
[To accompany H.R. 5366]
[Including cost estimate of the Congressional Budget Office]
The Committee on Post Office and Civil Service, to whom was re-
ferred the bill (H.R. 5366) to amend title 5, United States Code, to
provide permanent authorization for Federal agencies to use flexible
and compressed employee work schedules, having considered the same,
report favorably thereon with an amendment and recommend that
the bill as amended do pass.
The amendment is as follows :
Page 4, line 7, insert `1(a)" after "6130".
EXPLANATION OF AMENDMENT
The amendment to page 4, line 7, corrects a typographical error in
the introduced bill.
PURPOSE
H.R. 5366 would encourage and permit the use of a broad range of
flexible and compressed work schedules in the Federal Government.
CoMMrrruE ACTION
H.R. 5366 was introduced by Ms. Ferraro, Chairwoman of the Sub-
committee on Human Resources, on January 27, 1982.
The subcommittee held an oversight hearing (Serial No. 97-28) on
April 3, 1981, in Denver, Colorado, on the alternative work schedules
(AWS) being used under the Federal Employees Flexible and Com-
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pressed Work Schedules Act of 1978 (Public Law 95-390). Hearings
on H.R. 5366 (Serial No. 97-28) were held on February 3 and 9, 1982,
in Washington, D.C. Testimony was received from Members of Con-
gress and representatives of the General Accounting Office, the Office of
Personnel Management, academia, Federal employee organizations,
and private businesses. Additional statements were received from in
dividuals, employee and business groups, and professional organiza-
tions.
On February 10, 1982, the Committee on Post Office and Civil Serv-
ice ordered H.R. 5366, as amended, favorabl yreported by a voice
vote.
SUMMARY
The bill, as reported, is identical in substance to the temporary au-
thorization it replaces with the exception of one change required by
enactment of the Civil Service Reform Act of 1978 (Public Law 95-,
454).
Specifically, H.R. 5366:
Provides that the Office of Personnel Management (OPM)
shall prescribe necessary regulations, provide assistance to agen-
cies, and conduct periodic evaluations ;
Provides for negotiation of flexible and compressed work
schedule programs in units where a labor organization has been
accorded exclusive recognition;
Subject to collective bargaining agreements, allows OPM or
an agency to terminate a program if it is determined the program
is not in the best- interest of the public, the Government, or the
employees; -
Allows individuals to elect arrival and departure times with-
in established parameters consistent with agency requirements ;
Waives certain provisions of existing law relating to hours of
work, overtime pay, compensatory time off, and premium pay for
night and holiday work for employees under alternative work
schedules, provides alternative means for determining these en-
titlements for those employees, and ensures an employee will re-
ceive premium pay 'for any work which constitutes "overtime"
under an alternative work schedule ;
Allows employees to request personal hardship exemptions
from participating in compressed schedule programs ;
Prohibits coercion concerning employees rights to participate
in flexible and compressed workweek programs; and
Allows the carry-over of a limited number of "credit hours"
from one pay period to the next.
Experience in both the private and public sector shows that the use
of AWS is beneficial to both management and employees. Ultimately
the public, taxpaying or purchasing, benefits.
Management gains the flexibility to extend hours of operation,
provide increased services, and make more efficient use of facilities
and equipment. Employees gain the flexibility to mold work hours,
within limits, to better accommodate personal needs, transportation
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schedules, and family life. Limited employee control over scheduling
results in increased morale. These benefits are passed on to the public
in the form of increased operational efficiency and better availability
of services.
The Office of Personnel Management Interim Report on the Alter-
native Work Schedules Experimental Program authorized by Public
Law 95-390 describes the various types of alternative work schedules
as follows :
The Alternative Work Schedules (AWS) Experiment
authorized under Public Law 95-390 refers to both flexible
and compressed work schedules. Flexible work schedules
allow employes to vary, within constraints set by the organ-
ization, the times they report for duty and depart from work.
Compressed work schedules allow employees to complete the
basic biweekly work requirement of 80 hours in less than 10
full workdays.
1. Flexible work schedules
Flexible work schedules, popularly called flexitime, refer
to a variety of arrangements in which fixed times of arrival
and departure are replaced by a working day composed of
two different types of time-core time and flexible time. Core
time is the designated period during which all employees must
be present. Flexible time is designated as part of the schedule
of working hours within which employees may choose their
time of arrival at and departure from the work site within
limits consistent with the duties and requirements of their
positions. The only other requirement of flexitime is that
employees must account for the basic work requirement. The
basic work requirement is the number of hours, excluding
overtime hours, which an employee is required to work or to
otherwise account for by an appropriate form of leave. For
example, a full-time employee is required to work 40 hours
a week or 80 hours every two weeks. A part-time employee
might be employed under an appointment which requires the
employee to work 32 hours a week, or perhaps, 64 hours every
two weeks.
Certain types of flexitime schedules, in which employees
work 8 hours each day, but may vary their arrival and de-
parture times with or without prior approval, have been used
by Federal agencies since 1972. Public Law 95-390 has made
possible the testing of more sophisticated flexitime schedules
by introducing the concept of credit hours. Credit hours are
any hours of work in excess of the basic work requirement
that an employee elects to work on a given workday or in a
given workweek in order to shorten the length of another
workday or workweek. For instance, an employee could work
10 hours on one day in order to shorten the length of a sub-
sequent workday, without gaining entitlement to overtime
pay, or an employee could choose to work 50 hours in a par-
ticular workweek so as to gain the advantage of a shorter
workweek of 30 hours the next week.
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The following flexible schedules are being used in the
AWS experiment :
Flexitour.-employee preselects starting time; may modify
schedule with prior notification and approval of supervisor.
Gliding schedule.-within flexible bands, employee may
vary starting time without prior notification or approval of
the supervisor.
Variable day.-7employee may vary the length of the work-
day as long as he/she is present for daily core time with
limits established by the organization; must work or account
for the basic work requirement, e.g., 40 hours per week for
a full-time employee; credit hour carry-over between pay
periods is limited to a maximum of 10 hours.
Variable week.-employee may vary the length of the
workday and the workweek as long as he/she is present for
daily (five days per week) core time; must work or account
for the basic work requirement, e.g., 80 hours in a biweekly
pay period for a full-time employee; credit hour carry-over
is limited to a maximum of 10 hours.
Magi flex.-employee may vary the length of the workweek
and workday as long as he/she is present for core time which
is scheduled on less than all five week days; must work or
account for the basic work requirement, e.g., 80 hours in a bi-
weekly pay period ; credit hour carry-over is limited to a
maximum of 10 hours.
Organizations varied in the specifics of implementing a
schedule. For example, two organizations might both have
had Maxiflex but differed in the total number of core hours,
the number of days with core time, and the length of the flex-
ible band. To simplify analysis and interpretation, the flexi-
ble schedules were grouped into two general types. They are
Flexible-S hour (F-8) and Flexible-Variable hours (F-V).
The F-8 category included Flexitour and the Gliding Sched-
ule. Both of these schedules allowed variability in starting
times, but have a daily work requirement of 8 hours. The
F-V hour category included Variable Day, Variable Week,
and Maxiflex. These three schedules allowed employees to
vary the number of hours worked in a day as well as the
starting times. They all have either weekly or biweekly work
requirements.
2. Compressed schedules
Compressed work schedules may take a variety of forms.
The most common compressed schedule is the four 10-hour
day week, referred to as the 4-10 schedule. However, ,a com-
pressed schedule is any schedule which enables the full-time
employee to complete the basic work requirement of 80 hours
in less than ten full workdays in each biweekly pay period.
For employees- working under compressed schedules overtime
pay was continued for overtime hours which were officially
ordered by an agency official and which exceeded the basic
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work requirement. While compressed schedules had not gen-
erally been used in Federal agencies prior to the AWS experi-
ment, private sector firms have used such schedules in com-
puter operations, and to increase service to their customers
(e.g., by splitting the work force with some employees work-
ing Monday through Thursday and others working Tuesday
through Friday, an organization could be open to serve the
public two additional hours each day).
Like flexible schedules, compressed work schedules may also
take a variety of forms, but provisions for earning and ac-
cumulating credit hours do not apply. While some organiza-
tions, typically organizations operating 24 hours per day and/
or 7 days per week, have used "unique" compressed schedules,
the two most common types of compressed schedules are:
4-10.-employees work 10 hours per day, four days per
week, for a 40-hour workweek. Employees have both a daily
and a weekly basic work requirement.
5-4/9.-although there are variations of this plan, the most
common approach is to have employees scheduled to work 9
hours a day during 8 days of a biweekly pay period and 8
hours on the ninth day. Employees have both a daily and bi-
weekly basic work requirement.
Since the early 1970's, more and more private businesses have
adopted a variety of flexible work schedules for employees. Today, it
is estimated that nearly 10 million full-time workers enjoy flexible
work schedules or compressed workweeks. These variations from the
standard, fixed schedule eight-hour workday evolved as a means of
coping with social change, particularly the dramatic increase of women
in the work force, and the desire of all employees for a better accom-
modation between their working and personal lives. Employers found
they benefited from higher usage of buildings and equipment, de-
creased traffic congestion, and improved attendance, punctuality, and
morale. Because employees feel they have more control over their work-
ing lives, flexible schedules encourage workers to devote more responsi-
bility to organizing their own work. Flexible schedules have also helped
reduce the conflicts between work and personal needs, particularly
for working women and others with household responsibilities.
During the past three years more than 325,000 Federal employees in
1,500 organizations took part in a highly successful experimental al-
ternative work schedules program authorized by the 95th Congress.
The Federal Employees Flexible and Compressed . Work Schedules
Act of 1978 (Public Law 95=390) authorized experiments with a num-
ber of alternatives to the traditional fixed schedule eight-hour work-
day. The results of the experiment were reported in an Interim Report
from OPM, and discussed in testimony before the subcommittee. There
is widespread enthusiastic support for continuation of the program.
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Public Law 95-390 required OPM to study the impact of AWS on
Government efficiency, mass transit facilities and traffic, energy con-
sumption, service to the public, increased employment opportunities,
and quality of life for employees and their families. H.R. 5366 requires
OPM to continue to review the effects of AWS in these six areas. Agen-
cies should consider those areas, as well as other appropriate areas, as
they develop alternative work schedule programs. The experiment has
demonstrated that various alternative schedules produce benefits.
Proper planning in the future will ensure benefits from AWS are
maximized.
Although many benefits are difficult to measure, certain benefits such
as increased hours of service, reductions in tardiness and absenteeism,
and reduced energy consumption can be quantified. The committee be-
lieves OPM and the agencies should work harder to better quantify
the effects of alternative work schedules in these areas.
The OPM study did point out overall increases in operational effi-
ciency and hours of service to the public. Small reductions in total,
i.e., work and nonwork related, vehicle miles travelled per week were
noted, as well as increases in the use of mass transit and car/van pool-
ing. Compressed schedules have the potential to reduce building energy
consumption if buildings are closed down on nonwork days. AWS
provided most employees with a greater feeling of control over their
work `lives and provided them with more time to devote to personal,
family, cultural, and social activities. The OPM report also noted that
over 90 percent of nonsupervisory employees and over 85 percent of
supervisors were satisfied with and wish to retain AWS. Factors un-
related to AWS, e.g., hiring freezes, staffing reductions, and reorgan-
izations, had greater impact on job opportunities than AWS. OPM
found that all of the alternative work schedule types used in the ex-
periment were successful in most situations from the perspective of
both experimenting organizations and individuals.
H.R. 5366 does not require that measurable, quantifiable benefits be
demonstrated for the establishment or continuation of alternative work
schedules. Nonmeasurable benefits which flow from the use of AWS,
such as improved employee morale, are clearly in the best interest of
the public, the Government, and employees. In the absence of evidence
of additional costs, substantial disruption, or adverse impact on the
interests of the public, the Government, or employees, the committee
believes the use of AWS are appropriate.
COLLECTIVE BARGAINING
There has been some confusion over the extent to which alternative
work schedules fall within the scope of bargaining under appropriate
provisions of title VII of the Civil Service Reform Act of 1978
(Public Law 95-454) (5 U.S.C. ch. 71). Section 6130(a) of title 5,
United States Code, as added by H.R. 5366, provides that employees
in a unit represented by a labor organization may be included under
an alternative work schedules program only to the extent expressly
provided in a collective bargaining agreement. This clearly contem-
plates that the introduction, implementation, and administration of
an AWS program is within the scope of bargaining under title VII,
and the provisions of title VII relating to collective bargaining
govern. Similarly, sections 6122(b) and 6127(c) of title 5, as added
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by the bill, which provide authority for the Office of Personnel-
Management to terminate alternative work schedule programs, both
provide that any termination is subject to the terms of any applicable
collective bargaining agreement. This means that where a collective
bargaining agreement addresses the issue of termination of an alter-
native work schedules program, OPM's authority is limited by the
terms of that agreement.
ACCOUNTABILITY
Because employees working flexible schedules will arrive and de-
part 'at varying times, the committee believes it is important that a
system exist for providing accountability for hours worked to en-
sure the credibility of the program from the perspective of em-
ployees, management, and the public. One such system, for example,
could be a sequential sign-in, sign-out sheet. However, since different
work units have different problems,. the committee is reluctant to
legislatively require a uniform system for time accountability.
The subcommittee has directed the General Accounting Office to
incorporate into its Policy and Procedures Manual time accounting
standards for executive agencies using flexible schedules. In addition,
the committee expects OPM's periodic reviews under section 6132 to
include the effectiveness of time accounting methods and directs
OPM to ensure, by regulation, that necessary systems are in place.
CONCLUSION
The committee is convinced the use of alternative work schedules
in Federal agencies frequently results in benefits for the public,
agency management, and employees that might not otherwise be
realized. Available empirical data and subjective surveys show bene-
fits are most likely to result when both management and employees
share a mutual commitment to the program. A review of the Federal
alternative work schedules experiment authorized by Public Law 95-
390 shows that alternative work schedules established under the pro-
gram were overwhelmingly viewed as successful by both agencies and
employees. Where specific experiments were not successful, further
exploration of other types of alternate work schedules could result in
the establishment of a beneficial program. _
The committee's support for a system offering a broad range of
schedules and -encouraging exploration of various alternatives is
bolstered by the success of the experiment. Therefore, the committee
recommends permanently authorizing the alternative work schedules
program.
SECTION ANALYSIS
FIRST SECTION
The first section provides that the Act may be cited as the "Fed-
eral Employees Flexible and Compressed Work Schedules Act of
1982".
SECTION 2
The second section amends chapter 61 of title 5, United States Code,
by adding a new subchapter II, consisting of 12 new sections (5 U.S.C.
6121-6132). Unless otherwise noted, section references below are'to
sections of title 5, as added by the bill.
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Definitions
Section 6121 of new subchapter II defines certain terms used in that
subchapter.
Paragraph (1) defines the term "agency". to mean an Executive
agency (see 5 U.S.C. 105) and a military department (see 5 U.S.C.
102). The term does not include the Postal Service or the Postal Rate
Commission.
Paragraph (2) provides that "employee" has the meaning given it
by section 2105 of title 5.
Paragraph (3) defines the term "basic work requirement" to mean
the number of hours, excluding overtime hours, which an employee
is. required to work or is required to account for by leave or otherwise.
In view of. the nature of a flexible schedule or compressed schedule
experiment, any standard for determining what constitutes a regular
work period must be adaptable to the particular flexible or com-
pressed, schedule. Accordingly, an employee's "basic work require-
ment" may be calculated on a daily, weekly. or biweekly basis depend-
ing on the hours which a particular employee is required to work
or to otherwise account for. For. example, at full-time employee work-
ing the standard 8-hour/5-day week has an 8-hour daily basic work
requirement, a 40-hour weekly basic work requirement, and an 80-
hour biweekly basic work requirement. An employee under a com-
pressed schedule such as the 5-4-9 program, which consists of a 9
hour day/5-day workweek followed by an approximately 9-hour
day/workweek has a 9-hour daily basic work requirement, one 45-
hour weekly basic work requirement (first week), one 35-hour weekly
basic work requirement (second week), and an.80-hour biweekly basic
work requirement. Similarly an employee under a compressed sched-
ule which consists of four 10-hour days each week, has a 10-hour daily
basic work requirement, a 40-hour weekly basic work requirement, and
an 80-hour biweekly basic work requirement..
The phrase " is required to work or is required to account for by leave
or otherwise", indicates that in fulfilling a basic work requirement
an employee may account for all or a portion of the required time
through annual leave, sick leave, or other officially approved absence,
or under a flexible schedule experiment, through credit hours.
.Paragraph (4) defines the term "credit hours" to mean any hours
within a flexible schedule which are in excess of the number of hours
in an employee's basic work requirement and which the employee
elects to work so as to vary the length of a workweek or workday.
Three requirements must bemet before time worked qualifies as credit
hours : (1) the hours worked must fall within the flexible schedule, i.e.,
within the designated hours during which an employee must be present
for work or the designated hours during which an employee is per-
mitted to elect a time of arrival and time of departure from work (see
section 6122 discussed below) ; (2) the hours worked must be in excess
of the employee's basic work requirement; and (3) the employee must
elect to work the hours.
Paragraph (5) defines the term "compressed schedule" to mean :
(A) in the case of a full-time employee, an 80-hour biweekly basic
work requirement which is scheduled -for less than 10 work days; and
(B) in the case of a part-time employee, a biweekly basic work require-
ment of less than 80 hours established for less than 10 days.
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Paragraph (6) defines the term "overtime hours", when used with
respect to flexible schedule programs, to mean all hours in excess of 8
hours in day or 40 hours in a week, which are officially ordered in
advance. Since overtime hours are those hours of work ordered in
advance, not those elected by the employee, overtime hours cannot in-
clude credit hours.
Paragraph (7) of section 6121 defines the term "overtime hours",
when used with respect to compressed schedule programs, to mean any
hours in excess of those hours which constitute the compressed
schedule.
Flexible schedules
Section 6122 of new subchapter II. authorizes agencies to use flexible
schedules and sets forth specific requirements and conditions with
respect to their use.
Section 6122 (a) provides that flexible schedules may be used " [n] ot-
withstanding section 6101 of title 5, United States Code". Section 6101
of title 5 establishes certain requirements relating to work schedules.
and workweeks, one of which is that each agency head must establish
a basic administrative workweek of 40 hours. This requirement pre-
cludes the use of flexible schedules designed to permit an employee to
vary the length of a workweek. If the requirements of section 6101
conflict with a flexible schedule, those requirements shall be deemed
inapplicable.
Paragraph (1) and (2) of section 6122 (a) set forth requirements
for flexible schedules. Paragraph (1) provides a flexible schedule
must include designated hours during which an employee must be
present for work. These designated hours are referred to as "core
time".
Paragraph (2) provides flexible schedules must also. include desig-
nated hours during which an employee may elect the time of arrival
at and departure from work, for the purpose of varying arrival or
departure times, or if and to the extent permitted, for the purpose
of accumulating credit hours. These designated hours are referred to
as "flexible hours". The last sentence of section 6122 (a) provides that
an employee's election with respect to his arrival or departure from
work is subject to limitations generally prescribed, if any, to ensure
that the duties and requirements of the employee's position are ful-
filled.
Paragraph (1) of section 6122 (b) provides that an agency flexible
schedule program may be terminated by the Office if it determines
the program is not in the best interest of the public, the Government,
or the employees.
Paragraph (2) of section 6122(b) provides that if the head of an
agency determines that any organization within the agency which is
participating in a flexible schedule program is being substantially dis-
rupted in carrying out its functions or is incurring additional costs
because of participation in the program, the agency head may: (A)
restrict. the employee's choice of arrival and departure time; (B) re-
strict the use of credit hours; or (C) exclude from the program any
employee or group of employees.
Section 6122(b) specifically provides that actions by the Office of an
agency under paragraph (1) or (2) are subject to, and therefore
governed by, the terms of any written labor-management agreement
under section 6130 (a) of new subchapter II.
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Compensation for overtime hours and nightwork
Section 6123 of new subchapter II describes methods for computing
premium pay for employees under a flexible schedule.
Section 6123(a) sets forth the method for determining compensa-
tion for overtime hours (as defined in section 6121(6), discussed
above) worked under a flexible schedule.
Paragraph (1) of section 6123(a) permits liberal use of compensa-
tory time off. (Compensatory time off, which permits an employee to
exchange an amount of time spent in overtime work for an equal
amount of time off, is analogous to credit hours.) Under existing law
(5 U.S.C. 5543(x) (1) ), compensatory time off may be granted only
for time spent in irregular or occasional overtime work. Paragraph (1)
provides an.em.ployee may request compensatory time for all overtime
worked, not just that overtime which is irregular or occasional in
nature. Compensatory time may be granted, upon request of the em-
ployees, notwithstanding the provisions of section 5542(a), 5543(a)
(1), 5544(a), and 5550 of title 5, United States Code, section 4107(e)
(5) of title 38, United States Code, or section 7 of the Fair Labor
Standards Act, as amended, each of which pertains to requiring pre-
mium pay for time worked in excess of 8 hours per day or 40 hours per
week. Since compensatory time off may be granted only upon the re-
quest of the employee, the employee retains the right to receive over-
time pay if it is preferable to compensatory time off. Paragraph (2)
specifically states that unless an employee has requested and been
granted compensatory time off, the employee shall be compensated for
overtime worked in accordance with applicable provisions of law.
This legislation does not relieve an agency of its existing statutory
obligation to compensate an employee for "overtime hours", i.e., those
worked in excess of 8 hours in a day or 40 hours in a week. However,
duo to the permissive nature of` a flexible work schedule which allows
an employee to voluntarily extend his work hours to accumulate credit
hours, an accommodation with existing statutory provisions relating
to overtime entitlement is necessary. -
For instance, section 554(a) of title 5, United States Code, relating
to overtime rates, provides that "hours of work officially ordered or
approved" shall be compensated as overtime. Section 6121(6) of new
subchapter II, however, defines "overtime hours", for purposes of
flexible schedules, as all hours in excess of 8 hours per day or 40 hours
per week which are "officially ordered in advance". The requirement
that overtime be ordered in advance eliminates the problem which
would arise under a flexible schedule if an agency were required to
determine, after the fact, whether it is appropriate to approve as
"overtime",. hours in excess of 8 hours per day or 40 hours per week
which an employee voluntarily elected to work.
Similarly, section 7 of the Fair Labor Standards Act, as amended,
provides that "no employer shall employ any of his employees .. .
for a workweek longer than forty hours unless such employee receives
compensation for his employment in excess of the hours above speci-
fied at a rate not less than one and one-half times the regular rate at
which he is employed." Section 3(g) of that act provides that "'Em-
ploy' means to suffer or permit work." Thus, under that act-an em-
ployee under a flexible schedule may not voluntarily extend the length
of one workweek to reduce the length of a subsequent workweek.
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Section 6123(b) of new subchapter II provides that notwithstand-
ing the provisions of law referred to in paragraph (1) of section
6123(a), relating to compensation for overtime, an employee is not
entitled to compensation for credit hours worked except to the extent
authorized under section 6126 of new subchapter II, or to the extent
he is allowed to have the credit hours taken into account with respect
to his basic work requirement.
Section 6123 (c) governs night-shift differentials for employees un-
der flexible schedules. Premium pay for night work (night-shift dif-
ferential) is authorized under several statutory provisions.
Section 5545 (a) of title 5, United States Code, provides that night-
shift differential shall be paid to employees subject to that section for
all regularly scheduled work between the hours of 6 p.m. and 6 a.m.
Under flexible schedules, the provisions of section 5545 (a) would en-
able an employee to earn night-shift differential simply by arriving or
departing, or working credit hours during those hours for which night-
shift differential is required. Paragraph (1) of section 6123(c) pre-
vents this situation from occurring. It does not, however, deny an em-
ployee night=shift differential for overtime hours worked during a
period when it is authorized, or for hours which must be worked dur-
ing such a period in order to fulfill a basic work requirement.
Paragraph (1) describes two situations in which the night-shift dif-
ferential must be paid. Subparagraph (A) provides that if (i) the
number of hours during which an employee must be present for work
("core time") plus .(ii) the number of hours during which he may elect
to work credit hours or elect the time of his arrival or departure ("flex-
ible hours"), which occur outside the night work hours designated in
or under section 5545 (a) of title 5, total less than 8 full hours, the
employee is entitled to night-shift differential for those hours worked
between 6 p.m. and 6 a.m. which, when combined with such total, do
not exceed 8 hours.
For example, if the flexible schedule is established from 11 a.m. to
11 p.m. with the employee required to be present during the period
from 2to 6 p.m., the maximum number of hours which the employee
can work prior to 6 p.m. is 7 hours. Accordingly, the employee is en-
titled to night-shift differential for 1 hour worked between 6 p.m. and
11 p.m. since 1 hour must be worked during the night-shift period to
complete an 8-hour day under the flexible schedule. If the employee,
as a matter of personal preference, elects to work from 2 p.m. until 8
p.m., he still is entitled to only 1 hour of night-shift differential since
under the flexible schedule, he could have worked 7 hours prior to
6 p.m.
If, on the other hand, the flexible schedule is established from 9 a.m.
to 9.p.m. with employees required to be present from 12 noon to 3:30
p.m., an employee would have adequate opportunity to work 8 full
hours prior to 6 p.m. If as a matter of personal preference an employee
elected to begin work one day at noon and work until 9 p.m., there
would be no entitlement to night-shift differential, although one credit
hour would be earned.
A second situation in which an employee assigned to u flexible sched-
ule is entitled to night-shift differential under section 5545 (a) of title
5, is covered under subparagraph (B) of section 6123 (c) (1). It pro-
vides that if an employee is on a flexible schedule under which the
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hours during which he must be present for work ("core time") include
any hours designated in or under section 5545(a) (night-shift differ-
ential for hours so designated.
Paragraph (2) of section 6123(c) relates to night-shift differential
which, but for that paragraph, would be authorized for employees
under section 5343 (f) of title 5, United States Code, relating to night-
shift differential for prevailing rate employees, or section 4107(e) (2)
of title 38, United States Code, relating to night-shift differential for
nurses in veterans' hospitals.
Under section 5343(f) a prevailing rate employee is entitled to
night-shift differential if a majority of the hours of his regularly
scheduled nonovertime work occur 'between the hours specified in that
section.. Under section 4107(e) (2), a nurse is entitled to a differential
when at least 4 hours of regularly scheduled nonovertime work fall
between the hours specified in that section.
Paragraph (2) of section 6123(c) preserves the existing statutory
basis for entitlement to night-shift differential for employees subject
to sections 5343 (f) of title 5, and 4107 (e) (2) of title 38, but provides
those employees are not entitled to night-shift differential solely be-
cause they elect to work credit hours, or elect to arrive or depart at a
time of day for which night-shift differential is otherwise authorized.
Holidays
Section 6124 of new subchapter II provides that notwithstanding
sections 6103 and 6104 of title 5, United States Code, an employee
under a flexible schedule who is prevented or relieved from working on
a day designated as a holiday by Federal statute or Executive order is
entitled to pay with respect to that day for 8 hours (or in the case of
apart -time employee, an appropriate portion of the employee's bi-
weekly basic work requirement, as determined under regulations pre-
scribed by the Office).
Sections 6103 and 6104 of title 5, which govern pay for legal public
holidays, speak in terms of "workday" and "day on which an ordinary
day's work is performed". Under many flexible schedules, such terms
have no fixed meaning since under those schedules the "workday" or
"an ordinary day's work" many vary. Accordingly, section 6124 pro-
vides afixed measure, i.e., 8 hours, for determining holiday pay for
employees under a flexible schedule. This provision ensures that an
employee's pay for a legal holiday under new subchapter II will be
consistent with existing law.
Time recording devices
Section 6125 of new subchapter II provides that notwithstanding
section 6106 of title 5, United States Code, an agency may use record-
ing clocks as part of flexible schedule programs. Section 6106 prohibits
the use by an agency of a recording clock in the District of Columbia.
Credit hours; accumulation and eompennation
Section 6126 of new subchapter II limits the accumulation of credit
hours by an employee under a flexible schedule and provides com-
pensation for accumulated credit hours in the event an employee ceases
to be subject to a flexible schedule.
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Subsection (a) of section 6126 permits a full-time employee under
a flexible schedule to carry over, subject to any limitation prescribed
by the agency, a maximum of 10 credit hours from one biweekly pay
period to a subsequent biweekly pay period. A limitation on the num-
ber of credit hours which may be carried over is necessary to ensure
that credit hours are not accumulated and used as a basis for long
term leave. Section 6126 (a) also provides that accumulation of credit
hours for part-time employees is on a pro rata basis, and those employ-
ees are entitled to accumulate and carry over a number of credit hours
equal to one-eighth of 'a biweekly basic work requirement.
Subsection (b) of section 6126 provides compensation for unused
credit hours for an employee who is no longer subject to a flexible
schedule. A full-time employee is entitled to be paid at his then current
rate of basic pay for not more than 10 accumulated credit hours. A
part-time employee is entitled to compensation for those credit hours
accumulated which are not in excess of one-eighth of his 'biweekly basic
work requirement.
Convpresaed schedules
Section 6127 of new subchapter II authorizes agencies to use com-
pressed schedules.
Section 6127(a) provides that compressed schedule programs may
be used "[n]otwithstanding section 6101 of title 5, United States
Code." Section 6101 (a) (3) provides that except when the head of an
agency determines that his organization would be seriously handi-
capped in carrying out its functions or that costs would be substan-
tially increased, he must, among other things, establish a 5-day/8-hour
day workweek. This is inconsistent with the use of compressed
schedules.
Section 6127 (b) provides protections for employees when a majority
of employees in a unit do not wish to participate in 'a compressed
schedule program, or when participation would impose a personal
hardship.
Paragraph (1) of section 6127 (b) provides that an employee in a
unit with respect to which an organization of Government employees
has not been accorded exclusive recognition shall not be required to
participate in a compressed schedule program unless.a, majority of
employees in the unit who would be included in the proposed program
have voted to be so included. (In the case of employees in a unit which
has exclusive recognition, a program is subject to the terms of the
negotiated agreement between the exclusive representative and the
agency. See section 6130, discussed below.)
Paragraph (2) of section 6127 (b) requires an agency to take certain
steps, upon the request of an employee, if it determines that participa-
tion in a compressed schedule would impose personal hardship. To
alleviate the personal hardship, the agency must (A).except the ern-
ployeee from the compressed schedule; or (B) reassign the employee
to the first position within the agency (i) which becomes vacant after
the determination of personal hardship has been made, (ii) which is
not included within the program, (iii) for which the employee is qual-
ified, and (iv) which is acceptable to the employee. The last sentence of
section 6127(b) (2) requires that an agency make a personal hardship
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determination within 10 days after written request for such a deter-
mination has been received.
Section 6127 (c) of new subchapter II provides that notwithstand-
ing any other provision of new subchapter II, a compressed schedule
program may be terminated by the Office, or the agency, if it deter-
mines that the program is not in the best interest of the public, the
Government, or the employees. Such termination, however, is subject
to, and therefore governed by, the terms of any written agreement
under section. 6130 (a), discussed below.
Premium pay
Section 6128 of new subchapter II governs premium pay for over-
time hours worked by employees under compressed schedules.
Subsection (a) of section 6128 provides that the provisions of sec-
tions 5542(a), 5544(a), and 5550(2) of title 5, United States Code,
section 4107(e) (5) of title 38, United States Code, and section 7 of
the Fair Labor Standards Act, as amended, or the provisions of any
other law relating to premium pay for overtime work, shall not apply
to hours of work which constitute a compressed schedule. These sec-
tions generally require premium pay for work in excess of 8 hours in
a day. Since a compressed schedule, by definition, entails workdays
longer than 8 hours, the existing laws relating to overtime make these
schedules, in terms of payroll costs, more expensive, than the standard
8-hour day/5-day workweek. Also by definition, a compressed sched-
ule cannot consist of a basic work requirement of greater than 80 hours
in any biweekly period, and section 6128(b) provides that hours
worked in excess of the compressed schedule shall be overtime and shall
be paid as provided under whichever statutory provisions referred in
section 6128 (a) of new subchapter II are applicable to the employee.
In the case of a part-time employee working under the same compres-
sed schedule as a full-time employee, overtime shall be paid after the
same number of hours of work in a day after which a full-time em-
ployee receives overtime pay.
Premium pay for Sunday work
Section 6128 (c) provides that notwithstanding section 5544 (a), 5546
(a), or 5550(l) of title 5, United States Code, or any other applicable
provision of law, in the case of any employee on a compressed schedule
who performs work (other than overtime work) on a tour of duty for
any workday a part of which is performed on a Sunday, the employee
is entitled' to pay for work performed during the entire tour of duty
at the rate of his basic pay, plus premium pay at a rate equal to 25
percent of his rate of basic pay. Sections 5544(a), 5546(a), and 5550
(1) of title 5, United States Code, each limit the premium pay differ-
ential for Sunday work to no more than 8 hours, as that period rep-
resents a basic workday for a full-time employee. Under a compressed
schedule the daily basic work requirement normally consists of more
than 8 hours and the 8-hour restriction on payment of premium pay is
inequitable. Section 6128(c) ensures that employees on a compressed
schedule receive Sunday premium pay for all hours worked on Sunday.
Premium pay f o7 holiday work
Section 5546(b) of title 5, United States Code, provides that an em-
ployee who performs work on a holiday will not receive holiday pay for
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work in excess of 8 hours, since hours worked in excess of 8 on any day,
including a holiday, are compensated as overtime hours. Under a com-
pressed schedule, the daily basic work requirement normally consists of
more than 8 hours, and, as is the case with Sunday premium pay dis-
cussed above, the 8-hour restriction on payment of premium pay would
be inequitable. Accordingly, section 6128(d) provides that notwith-
standing s e c t i o n 5546 (b) of title 5, an employee o n a compressed sched-
ule who performs work on a holiday designated by statute or Executive
order is entitled to pay at the rate of his basic pay, plus premium pay at
a rate equal to the rate of his basic pay, for such work which is not in
excess of his basic work requirement. If an employee works hours in
excess of his basic work requirement, those hours would be overtime
hours and section 6128(d) further provides that the employee is en-
titled to premium pay in accordance with applicable provisions of law
relating to premium pay for such overtime hours.
Administration of leave and retirement provisions
Section 6129 of new subchapter II provides that for purposes of
administering sections 6303(a), 6304, 6307(a) and (c), 6323, 6326, and
8339 (in) of title 5, 'United States Code, in the case of an employee who
is under any flexible schedule or compressed schedule references to a
day (or to multiples of parts thereof) contained in the above-stated
sections shall be considered to be reference to 8 hours (or to the respec-
tive multiples thereof).
The current provisions in title 5, United States Code, relating to sick,
annual, military, and funeral leave, and in some cases creditable service
for retirement purposes, have as a frame of reference the 8-hour day
with the result that the provisions are stated in terms of "days". Under
either a flexible or a compressed schedule experiment the basic work
requirement of a "day" could be more or less than 8 hours. Section 6129
translates the term "day" into an equivalent number of hours. This sec-
tion neither decreases nor increases any employee's existing entitlement
to leave, or to creditable service for retirement purposes. Part-time
employees will continue to earn such entitlements on a pro rata basis.
Application of experiments in the case of negotiated contracts
Section 6130 (a) of new subchapter II provides that employees
within a unit with respect to which an organization of Government
employees has been accorded exclusive recognition shall not be in-
cluded under any flexible or compressed schedule program except to
the extent expressly provided under a written agreement between the
agency and such organization.
The committee intends this section to preserve the provisions of ex-
isting negotiated agreements which deal with the establishment of
hours of work and flexible and compressed schedules, or permit any
party to such a contract to enter into negotiations in order to take ad-
vantage of any of the alternative work schedule programs. Where a
labor organization has exclusive recognition, section 6130 requires
the parties to the contract to negotiate the introduction or termina-
tion of any flexible or compressed schedule program.
Section 6130(b) prohibits any agency from participating in any
flexible or compressed schedule program if there is an agreement in
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effect which contains requirements to pay overtime which are incon-
sistent with the provisions of either section 6123 or 6128 or new sub-
chapter II, as applicable. Sections 6123 and 6128, discussed above, es-
tablish the conditions for payment of overtime under flexible and com-
pressed schedule programs. Therefore, any provisions of the contract
which conflict with either section 6123 or 6128, as applicable, will have
to be renegotiated for employees designated to participate in a pro-
gram before the program may commence.
Prohibition of coercion
Section 6131 of new subchapter II provides.protection against the
coercion of employees concerning participation in flexible or com-
pressed schedule programs. The committee recognizes the possibility
that an overly zealous agency supervisor or manager who recognizes
that certain payroll or other savings may. accrue to his agency through
the introduction or implementation of a flexible or compressed sched-
ule could _ exert pressure on employees with regard to such introduc=
tion or implementation.
Accordingly, subsection (a) of section 6131 prohibits an employee
from intimidating;. threatening, or coercing, or attemping to intimi-
date, threaten, or coerce an employee for the purpose of interfering
with : (1) the employee's rights under section 6122 and 6123 to elect
the time of his arrival or departure, to work or not to work credit
hours, or to request compensatory time off, in lieu of payment for
overtime hours; or (2) such employee's right under section 6127(b)
(1) to vote whether or not to be. included under a compressed sched-
ule or such employee's. right to request :an agency determination as to
personal hardship under section 6127(b) (2). Subsection (b) of sec-
tion 6131 defines the terms "intimidate, threaten, or coerce" as includ-
ing, but not limited to, promising to confer or conferring any benefit
(such as appointment, promotion, or compensation) or effecting or
threatening any reprisal (such as deprivation of appointment, promo-
tion, or compensation.
Existing law authorizing flexible and compressed schedule experi-
ments provides procedures for disciplining employees who coerce other
employees (see Public Law 95-390, section 303(b)). The passage of
the Civil Service Reform Act of 1978 (Public Law 95-454) has made
these procedures unnecessary. Under that Act, the Special Counsel of
the Merit Systems Protection Board is responsible for investigating
violations of civil service laws (see 5 U.S.C. 1206(e) (1) (D) ), and the
procedures for initiating disciplinary action in such cases, as well as
the penalties which may be imposed, are spelled out (see 5 U:S.C.1206,
1207).
Regulations; technical assistance; program review
Section 6132 (a) requires the Office of Personnel Management to pre-
scribe regulations necessary for the administration of flexible and com-
pressed schedule programs.
Section 6132 (b) (1) requires the Office to provide eductional mate-
rial, and technical aids and. assistance, for use by agencies in connec-
tion with establishing and maintaining flexible and compressed
schedule programs.
Section 6132(b) (2) provides that in order to provide the most effec-
tive materials, aids, and assistance, the Office shall conduct periodic
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reviews of flexible and compressed schedule programs particularly in-
sofar as those programs may affect: (1) the efficiency of Government
operations; (2) mass transit facilities and traffic; (3) levels of energy
consumption;. (4) service to the public; (5) -increased opportunities for
full-time and part-time employment; and (6) employees job satisfac-
tion and nonwork-life.
SECTION 3
Section 3 of the bill amends the chapter analysis for chapter 61 of
title 5, United States Code, to reflect the addition of the new subchap-
ter II of such chapter.
COST
The cost estimate prepared by the Congressional Budget Office pur-
suant to section 403 of the Congressional Budget Act is set forth below :
U.S.. CONGRESS,
CONGRESSIONAL BIIDGET OFFICE,
Washington, D.C., February 10, 1982.
Hon. WILLIAM D. FoRD,
Chairman, Committee on Post Office and Civil Service, U.S. House of
Representatives, Washington, D.C.
DEAR MR. CHAIRMAN : Pursuant to Section 403 of the Congressional
Budget' Act of 1974, the Congressional Budget Office has reviewed
H.R. 5366, the Federal Employees Flexible and Compressed Work
Schedules Act of 1982, as ordered reported by the House Committee on
Post Office. and Civil Service, February 10,1982.
The bill-will provide permanent authority for federal agencies to use
flexible and compressed employee work schedules. Under current law,
federal agencies -have. the authority to use flexible and compressed work
schedules until March 99, 1982.
It is estimated that there will be little additional cost, and perhaps
some initial savings, resulting from enactment of this bill. Since regu-
lations and educational materials have already been developed, require-
meats of the bill relating to these items are not expected to have signifi-
cant budgetary impact. The costs of reviewing agency programs will
depend on the level of effort the Office of Personnel Management de-
votes to this requirement. Costs. for this effort are not likely to exceed
$100,000 per year. In 1982, some savings might be realized because
agencies won't have to undertake the administrative and educational
tasks associated with changing to more restrictive work schedules when
the current authorization expires in March.
Should the Committee, so desire, we would be pleased to provide fur-
ther details on this estimate.
Sincerely,
RAYMOND C. SCHEPPACH
(For Alice M. Rivlin, Director).
NEW SPENDING AUTHORITY
H.R. 5366 does not provide "new spending authority" as that term
is defined in section 401 of the Congressional Budget Act of 1974.
As discussed above, the primary purpose of this legislation is to per-
mit-Federal agencies to use flexible and compressed schedules. The cost
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of this legislation, as estimated by the Congressional Budget Office,
will result from the employment of additional personnel and addi-
tional expenditures related to.data processing, the authority for which
is not provided by this legislation, but is contained in existing
legislation.
OVERSIGHT
Under the rules of the Committee on Post Office and Civil Service,
the Subcommittee on Human Resources is vested with legislative and
oversight jurisdiction over the subject matter of this legislation. As a
result of the hearings on this legislation, the subcommittee concluded
that there was ample justification for enacting this legislation.
The committee received no report of oversight findings or recom-
mendations from the Committee on Government Operations pursuant
to clause 4(c) (2) of House Rule X.
INFLATIONARY IMPACT STATEMENT
Pursuant to clause 2(1) (4) of House Rule XI, the committee has
concluded that the enactment of H.R. 5366 will have no inflationary
impact on the national economy.
CHANGES IN EXISTING LAW MADE BY THE BILL, As REPORTED
In compliance with clause 3 of rule XIII of the Rules of the House
of Representatives, changes in existing law made by the bill, as re-
ported, are shown as follows (existing law proposed to be omitted is
enclosed in black brackets, new matter is printed in italic, existing law
in which no change is proposed is shown in roman) :
TITLE 5, UNITED STATES CODE
*
PART III-EMPLOYEES
* * * * * *
Subpart. E-Attendance and Leave
CHAPTER 61-HOURS OF WORK
Subchapter I-General Provisions
Sec.
6101. Basic 40-hour workweek ; work schedules ; regulations.
6102. [Repealed.]
6103. Holidays.
6104. Holidays ; daily, hourly, and piece-work basis employees.
6105. Closing of Executive departments.
6106. Time clocks ; restrictions.
SUBCHAPTER II-FLEXIBLE AND COMPRESSED WORK SCHEDULE
6121. Definitions.
6122. Flexible schedules ; agencies authorized to use.
6123. Flexible schedules ; computation of premium pay.
6124. Flexible schedules ; holidays.
6125. Flexible schedules ; time-recording devices.
6126. Flexible schedules ; credit hours.
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6127. Compressed schedules ; agencies authorized to use.
6128. Compressed schedules ; computation of premium pay.
6129. Administration of leave and retirement provisions.
6130. Application of programs in the case of negotiated contracts.
6131. Prohibition of coercion.
6132. Regulations ; technical assistance ; program review.
Subchapter I-General Provisions
? 6101. Basic 40-hour workweek; work schedules; regulations
(a) (1) For the purpose of this subsection, "employee" includes an.
employee of the government of the District of Columbia and an em-
ployee whose pay is fixed and adjusted from time to time under section
5343 or 5349 of this title, or by a wage board or similar administrative
authority serving the same .purpose, but. does not include an employee
or individual excluded from the definition of employee in section
5541(2) of this title, except as specifically provided under this
paragraph.
Subchapter II-Flexible and Compressed Work Schedules
? 6121. Definitions
For purposes of this 8ubchapter-
(1) "agency" means an Executive agency and a military de-
partment;
(2) "employee" has the meaning given it by section 2105 of this
title;
(3) "basic work requirement" means the number of hours, ex-
cluding overtime hours, which an employee is required to work or
is required to account for by leave or otherwise;
(4) "credit hours" means any hours, within a flexible schedule
established under section 6122 of this title, which are in excess of
an employee's basic work requirement and which the employee
elects to work so as to vary the length of a workweek or a
workday;
(5) "compressed schedule" means-
(A) in the case of a full-time employee, an 80-hour bi-
weekly basic work requirement which is scheduled for less
than 10 workdays, and
(B) in the case of a part-time employee, a biweekly basic
work requirement of less than 80 hours which is scheduled for
less than 10 workdays;
"(6) "overtime hours", when used with respect to flexible sched-
ule programs under sections 6122 through 6126 of this title, means
all hours in excess of 8 hours in a day or 40 hours in a week which
aofficially ordered in advance, but does not include credit hours;
and
"(7) `overtime hours', when used with respect to compressed
schedule programs under sections 6127 and 6128 of this title, means
any hours in excess of those specified hours which constitute the
compressed schedule.
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? 6122. Flexible schedules; agencies authorized to use
(a) Notwithstanding section 6101 of this title, each agency may es-
tablish, in accordance with this subchapter, programs which allow the
use of flexible schedules which include-
(1) designated hours and days during which an employee on
such a schedule must be present for work; and
(2) designated hours during. which an employee on such a sched-
ule may elect the time of such employee's arrival at and departure
from work, solely for such purpose or, if and to the extent per-
mitted, for the purpose Of accumulating credit hours to reduce the
length of the workweek or another workday.
An election by an employee referred to in paragraph (2) shall be sub-
ject to limitations generally prescribed to ensure that the duties and
requirements of the employee's position are fulfilled.
(b) Notwithstanding any other provision of this subchapter, but
subject to the terms of any written agreement under section 6130 (a) of
this title-
(1) any program under subsection (a) of this section may be
terminated by the O fJice of Personnel Management if it determines
that the program is not in the best interest of the public, the Gov-
ernment, or the employees; or
(2) if the head of an agency determines that any organization
within the agency which is participating in a program under sub-
section (a) is being substantially disrupted in carrying out its
functions or is incurring additional costs because of such par-
ticipation, such agency head may-
(A) restrict the employees' choice of arrival and departure
time,
(B) restrict the use of credit hours, or
(C) exclude from such program any employee or group of
employees.
? 6123. Flexible schedules; computation of premium pay
(a) For purposes of determining compensation for overtime hours
in the case of an employee participating in a program under section
6122 of this title-
. the head of an agency may, on regeust of the employee,
grant the employee compensatory time off in lieu of payment for
such overtime hours, whether or not irregular or occasional in
nature and notwithstanding the provisions of sections 55I2(a),
5543(a) (1), 554.4(a), and 5550 of this title, section 4107(e) (5) of
title 38, section 7of the Fair Labor Standards Act, as amended,
or any other provision of law; or
(2) the employee shall be compensated for such overtime hours
in accordance with such provisions, as applicable.
(b) Notwithstanding the provisions of law referred to in paragraph
(1) of subsection (a), an employee shall not be entitled to be compen-
sated for credit hours worked except to the extent authorized under
section 6126 of this title or to the extent such employee is allowed to
have such hours taken into account with respect to the employee's basic
work requirement.
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(c) (1) Notwithstanding section 5645(a) of this title, premium pay
for nightwork will not be paid to an. employee otherwise subject to
such section solely because the employee elects to work credit hours, or
elects a time of arrival or departure, at a time of day which such pre-
mium pay is otherwise authorized; except that-
(A) if an employee is on a flexible schedule under which-
(i) the number of hours during which such employee must
be present for work, plus
(ii) the number of hours during which such employee may
elect to work credit hours or elect the time of arrival at and
departure from work,
which occur outside of the night work hours designated in or
under such section 5545(a) total less than 8 hours, such premium
pay shall be paid for those hours which, when combined with such
total, do not exceed 8 hours, and
(B) if an employee is on a flexible schedule under which the
hours that such employee must be present for work include any
hours designated in or under such section 5545(a), such premium
pay shall be paid for such hours so designated.
(2) Notwithstanding section 5343(f) of this title, and section 4107
(e) (2).of title 38, night differential will not be paid to any employee
otherwise subject to either of such sections solely because such em-
ployee elects to work credit hours, or elects a time of arrival or depar-
ture, at a time of day for which night differential is otherwise author-
ized; except that such differential shall be paid to an employee on a
flexible, schedule under t 28 subchapter-
(A) in the case of an employee subject to such section 3543(f ),
for which all or a majority of the hours of such schedule for any
day fall between the hours specified in such section, or
(B) in the case of an employee subject to such section 4107(e)
(2), for which 4 hours of such schedule fall between the hours
specified in such section.
? 6124. Flexible schedules; holidays
Notwithstanding sections 6103 and 6104 of this title, if any employee.
on a flexible schedule under section 6122 of this title is relieved or pre-
vented from working on a day designated as a holiday by Federal
statute or Executive order, such employee is entitled to pay with re-
spect to that day for 8 hours (or, in the case of a part-time employee,
an appropriate portion of the employees' biweekly basic work re ire-
ment as determined under regulations prescribed by the Office of Per-
sonnel Management).
? 6125. Flexible schedules; time-recording devices.
Notwithstanding section 6106 of this title, the Office of Personnel
Management or an agency may use recording clocks, as part of pro-
grams under section 6122 of this title.
? 6126. Flexible schedules; credit hours; accumulation and com-
pensation
(a) Subject to any limitation prescribed by the Office of Personnel
Management or the agency, a full-time employee on a flexible schedule
can accumulate not more than 10 credit hours, and a part-time em-
ployee can accumulate not more than one-eighth of the hours in such
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employee's biweekly basic work requirement, for carryover from a bi-
weekly pay period to a succeeding biweekly pay period for credit to the
basic work requirement for such period.
(b) Any employee who is on a flexible schedule program under see- .
tion 6122 of this title and who is no longer subject to such a program
shall be paid at such employee's then current rate of basic pay for-
(1) in the case of a full-time employee, not more than 10 credit
hours accumulated by such employee, or
(2) in the case of a part-time employee, the number of credit
hours (not in excess of one-eighth of the hours in such employee's
biweekly basic work requirement) accumulated by such employee.
? 6127. Compressed schedules; agencies authorized to use
(a) Nothwithstamding section 6101 of this title, each agency may
establish programs which use'a 4-day workweek or other compressed
schedule.
(b) (1) An employee in a unit with respect to which an organization
of Governmaent employees has not been accorded exclusive recogni-
tion shall not be required to participate in any program under sub-
section (a) unless a majority of the employees in such unit who, but
for this paragraph, would be included in such program have voted to
be so included.
(2) Upon written request to any agency by an employee, the agency,
if it determines that. participation in a program under subsection (a)
would impose .a personal hardship on such employee, shall-
(A) except such employee from such program; or
(B) reassign such employee to the first position within the
agency-
(i) which becomes vacant after such determination,
(ii) which is not included within such program,
(iii) for which such employee is qualified, and
(iv) which is acceptable to the employee.
A determination by an agency under this paragraph shall be made not
later than 10 days after the day on which a written request for such
determination is received by the agency.
(c). Notwithstanding any other provision of. this subchapter, but
subject to the. terms of any written agreement under section 6.130 (a)
of this title, any program under subsection (a) may be terminated by
the O fflce of Personnel Management, or the agency, if it determines
that the program is not in the best interest of the public, the Govern-
ment, or the employees.
?'6128. Compressed schedules; computation of premium pay
(a) The provision of sections 5542(a), 5544.(a), and 5550(2) of this
title, section 4107(e) (5) of title 38, section 7 of the Fair Labor eStaind-
ards Act, as amended, or any other law, which relate to premium 'pay
for overtime work,'shall not apply to the hours which constitute a
compressed schedule.
(b) In the case of any full-time employee, hours worked in excess
of the compressed schedule shall be overtime hours and shall be paid
for as provided by whichever statutory provisions referred to in sub-
section (a) are applicable to the employee. In the case of any part-
time employee on a compressed schedule, overtime pay shall begin to
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be paid after the same number of hours of work after _which a full-
time employee on a~similar schedule would begin to receive overtime
pay.
(c) Notwithstanding section 5544(a), 5546(a), or 5550(1) of this
title, or any other applicable provision of law, in the case of any full-:
time employee on a compressed schedule who performs work (other
than overtime work) on a tour of duty for any workday a part of
which is performed on a Sunday; such employee is entitled to pay
for work performed during the entire tour of duty at the rate of such.
employee's basic pay, plus premium pay at a rate equal to 25 percent
of such basic pay rate.
(d) Notwithstanding section 5546(b) of this title, an employee on a
compressed schedule ivho performs work on a holiday designated by
Federal statute :or Executive order is entitled to pay at the rate of
such employee's basic pay, plus premium pay at a rate equal to such
basic pay rate, for such work which is not in excess of the basic work
requirement. of such employee for such day. For hours worked on such
a holiday in. excess of the basic work requirement for such day, the
employee is entitled to premium pay in accordance with the provisions
of section 5542(a) or 5544(a) of this title; as applicable, or the provi-
sions Of section 7 of the Fair Labor Standards Act, as amended, which-
ever provisions are more beneficial to the empyloyee. .
? 6129. Administration of leave and retirement provisions
For purposes of administering section 6308(a), 6304, 6307(a) and
(c), 6323, 6326, and 8339(m) of this title, in the case of an employee
who is in any program under this subchapter, references to a day or
workday (or to miultiples or parts thereof) contained in such sections
shall be considered to be references to 8 hours (or to the respective
multiples or parts thereof) .
? 6130. Application of programs in the case of negotiated contracts
(a) Employees within a unit with respect to which an organization
Of Government employees has been accorded exclusive recognition
shall not be included withinany program under this subchapter except
to,the extent expressly provided under a written agreement between
the agency and such organization.
(b) An agency, may not participate in a flexible or compressed sched-
ule program under a negotiated contract which contains premium pay
provisions which are inconsistent with the provisions of section 6123
or 6128 of this title, as applicable.
? 6131. Prohibition of coercion
(a) An employee may not directly or indirectly intimidate, threaten,
or coerce, or attempt to intimidate, threaten, or coerce, any other em-
ployee for the purpose of interfering with-
(1) such employee's rights under section 6122 of this title to
elect a time of arrival or departure, to work or not to work credit
hours, or to request or not to request compensator time off in
lieu of payment- for overtime hours; or
(2) such employee's right under section 6127(b) (1) of this title
to vote whether or not to be included within a compressed schedule
program or such employee's right to request an agency determina-
tion under section 6127(b) (2) of this title.
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(b) For the purpose of subsection (a), the term `intimidate, threaten,
or coerce' includes, but is not limited to,promising.to:confer or con-
ferring any benefit (such as appointment, promotion, or compensa-
tion), or e f f eoting or threatening to effect any reprisal (such as
deprivation of appointment, promotion, or compensation).
6132. Regulations; technical assistance; program review
(a) The Office of Personnel Management shall prescribe regulations
necessary for the administration of the programs established under
this subchapter.
(b) (1) The Office shall provide educational material, and technical
aids and assistance,. for use by an agency in connection with establish-
ing and maintaining programs under this subchapter.
(2) In order to provide the most effective materials, aids, and assist-
ance under paragraph (1), the Office shall conduct periodic reviews
.of programs established by agencies under this subchapter particularly
insofar as such programs may affect-
(1) the. efficiency of Government operations;
-(2). mass transit facilities and traffic;
(3) levels of energy consumption;
(4) service to the public;
(6) increased opportunities for full-time and part-time em-
ployment; and
(6) employees' job satifaction and.nonworklife.
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