ENACTMENT OF THE FEDERAL EMPLOYEES FLEXIBLE AND COMPRESSED WORK SCHEDULES ACT OF 1982

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP92-00455R000100050013-6
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 16, 2016
• Document Release Date: July 21, 2005
• Sequence Number: 13
• Publication Date: August 19, 1982
• Content Type: BULL

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Federal Personnel Manual System
FPM Bulletin Advance Edition 8/10/82
Bulletin No. 610- 35
'SUBJECT: Enactment of the Federal Employees Flexible and
Compressed Work Schedules Act of 1982
Heads of Departments and Independent Establishments:
Washington, D. C: 20415
August 19, 1982
1. The Federal Employees Flexible and Compressed Work Schedules Act of 1982 was
signed by the President on July 23, 1982, as Public Law 97-221. The law was
effective upon enactment. The Act continues existing Alternative Work Schedules
(AWS) programs uninterrupted for another three years, unless stated provisions for
termination are met, and also permits the establishment of new programs. The new
law amends Chapter 61 of title 5, United States Code, by adding a new subchapter
II. OPM will therefore issue regulations in a new Subpart D - Alternative. Work
Schedules of Part 610, Code of Federal Regulations. Consequently, we will be
removing Part 620 - Alternative Work Schedules Experiments from the Code of Federal
Regulations. Beginning with this bulletin, all guidance for AWS programs will. be
published in the 610 series.
2. All of the flexible and compressed work schedules permitted under the
experimental AWS program, P.L. 95-390, and the temporary extension, P.L. 97-160, are
permitted under the new legislation.
3. Flexitour and gliding schedules that were established under the authority of
5 U.S.C.. 6101 are not subject to the provisions of P.L. 97-221. Those flexible
schedule programs will continue to be subject to existing regulations and collective
bargaining agreements.
90-Day Termination Provisions
4. The new law provides a 90-day period from date of enactment during which
agencies may review existing AWS programs. Programs found to have caused adverse
impact as defined in the Act--reduced productivity or level of service to the public
or to increased cost of agency operations except for normal administrative costs--
must be terminated. The determination of such adverse impact must be in writing.
Termination reports should specify the type and number of schedule(s) terminated and
the number of employees involved. Please provide a copy to OPM for information.
Copies of the termination reports should be sent to: Mr. Craig B. Pettibone,
Assistant Director for. Pay and Benefits Policy, P.O. Box 57, Compensation Group.,
Office of Personnel Management, Washington,. D.C. 20044.
Inquiries:
Compensation Group, Office of Pay and Benefits Policy, Benefits
Analysis Division
Code: 610, Hours of Work
Distribution: FPM (advance edition limited)
Bulletin Expires: October 20, 1983
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FPM Bulletin 610-35 (2)
5. When an existing schedule is terminated during the 90-day period following
eua.:tment of this legislation, an agency or the exclusive representative may
initiate, without regard to whether there are any reopening provisions in the
agreement, collective bargaining to establish a different AWS for the unexpired
portion of the negotiated agreement. This will provide an opportunity to correct
the problems that developed under the terminated AWS. This initiation must be
within 90 days of termination of the original schedule.
Labor Relations Aspects of AWS Programs
6. Except for the 90-day period from the date of enactment, the termination of any
flexible or compressed work schedule under the Act is subject to collective bargain-
ing between the agency and the exclusive representative. Agencies should establish
review procedures and conduct periodic reviews of AWS programs. If the head of an
agency finds that a particular flexible or compressed schedule would have or has had
an adverse agency impact, the agency must promptly determine not to establish such a
schedule or not to continue an existing schedule.
7. Following the initial 90-day period discussed in paragraph 3 above, termination
of AWS will be handled as follows. If, upon review, the head of an agency deter-
mines the schedule involved has had an adverse impact, he/she must reopen the agree-
ment to seek termination of the schedule. If agreement can not be reached, the
impasse will be presented to the Federal Service Impasses Panel (Panel) which will
have 60 days to act on the impasse. The contested schedule may not be terminated
until the parties reach agreement or the Panel issues a final decision which
supports the agency's determination of adverse impact.
8. If an agency and an exclusive representative reach an impasse in collective
bargaining with respect to an agency determination not to establish a flexible or
compressed schedule, the impasse will go to the Panel. The Panel is required by the
Act to promptly determine whether the evidence supports the agency determination
that the schedule is likely to cause an adverse agency impact.
Credit Hours
9. The Act increases the maximum number of credit hours that a full-time employee
may carry over from one pay period to a subsequent pay period from 10 to 24 hours.
A part-time employee may not accumulate more than one-fourth of the hours in his or
her biweekly basic work requirement. For example, a part-time employee who has a
biweekly work requirement of 64 hours may carry over a maximum of 16 credit hours.
The Act permits agencies to prescribe lower limits than the maximum allowed by law.
Accrual of Compensatory Time Unlimited
10. The 10-hour limit on the accrual of compensatory time for both wage grade and
General Schedule employees, stipulated in the regulations implementing the experi-
mental program (P.L. 95-390), has not been incorporated into the new legislation and
will not be a part of the regulations. Therefore, accrual of compensatory time
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under this program is left to the discretion of the agency. This will provide
agency managers additional flexibility in scheduling overtime.
Change in Definition of Part-Time Employment
11. Public Law 97-221 changes the definition of part-time career employment in 5
U.S.C. 3401 (2) from a weekly work requirement of 16.to 32 hours to a biweekly work
requirement of 32 to 64 hours for employees on an AWS program. This means that a
part-time career employee on an AWS program can be scheduled for more than 32 hours
per week as long as total scheduled hours per biweekly period do not exceed 64.
This change will allow part-time employees to work compressed and certain flexible
schedules from which they were previously excluded. There is no change in the
longstanding Comptroller General rulings (31 Comp. Gen. 581 and 32 Comp. Gen 491)
that part-time employees must have at least one hour scheduled in each week. of the
biweekly pay period in order to earn leave.
Time Accounting
12. Because employees working flexible schedules will arrive and depart at varying
times, it is important that a system exist within each agency for providing account-
ability for hours worked to ensure the credibility of the program from the
perspective of the employees, management, and the public.
13. Agencies are advised to review each program to determine the most appropriate
time accounting system. One procedure that is recommended for consideration by
agencies is seriatim, or sequential, sign-in/sign-out sheets. Under seriatim
timesheets, each employee records his or her time of arrival and, separately,
departure in order, one following the other. This seriatim procedure is a simple
method of assuring accountability for those employees that work under flexitime
schedules.
14. The Act specifically provides that agencies may use time recording devices for
flexible schedules established under this Act notwithstanding the prohibition on
their use in the District of Columbia by 5 USC 6106. The prohibition continues with
respect to other types of schedules including compressed schedules. Sections 17.2
and 17.3 of title 5 of the General Accounting Office Policies and Procedures Manual
for Guidance of Federal Agencies establish requirements for agencies regarding time
accounting for Federal civilian employees.
Agency Recordkeeping Requirements
15. Agencies are expected to maintain records pertaining to their AWS programs. In
addition to reports of terminations, agencies should maintain records that will
provide OPM, as needed, with up-to-date, accurate information regarding their AWS
programs. These records should include data on the number of AWS programs, types of
schedules in use, number of employees covered by each type of schedule, reasons for
any terminated, and any evaluation studies conducted by the agency. This will be
particularly important in three years, due to the "sunset" provision, when the
program will come under Congressional oversight.
Donald J. Devine
Director
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