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Timekeeping - Overtime

Last Modified August 28, 2008

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Time Worked Outside the Regularly Scheduled Tour of Duty

CFR – Code of Federal Regulations
CT – Compensatory Time – time off from an employee’s tour of duty in lieu of payment (5 CFG 550.114)
CTT – Compensatory Time Off for Travel – time off allowed for time spent traveling while in a travel status not otherwise compensable (GM 360, Part  427.22)
FLSA – Fair Labor Standards Act
OT – Overtime – work in excess of 8 hours in a day or in excess of 40 hours in a work week (5 CFG 550.111)
Basic workweek – Monday through Friday
Duty station – the county to which an employee is assigned (GM-360, Part KS 427.4.P)
Suffered or permitted work – any work performed by an employee for the benefit of the agency, whether requested or not, provided the supervisor knows or has reason to believe that the work is being performed AND has an opportunity to prevent the work from being performed (5 CFG 551.104)
Tour of duty – the hours of a day and the days of the week that constitute an employee’s regularly scheduled administrative workweek (5 CFG 550.103, 610.102) A flexible or compressed work schedule is a scheduled tour of duty and all work performed by an employee within the basic work requirement is considered regularly scheduled work for premium pay and hours of duty purposes (5 CFG 610.111)
Training - a planned program, course, or curriculum which will improve individual and organizational performance and assist in achieving the agency's mission and performance goals (5 USC 4101)
Travel as hours of work – Non-exempt – 1) time driving a vehicle; 2) time as a passenger on a 1-day assignment outside the duty station; OR 3) traveling as a passenger, overnight, outside the duty station on a non-duty day during hours which correspond to the regular tour of duty (5 CFG 551.422)
Travel as hours of work – Exempt - 1) performs work while traveling; 2) incident to travel; 3) travel under arduous conditions; OR 4) administratively uncontrollable (GM 360, Part 427.21.A)
Travel status – the time, more than 12 hours, spent traveling outside the duty station; includes travel between the official duty station and a temporary duty station, OR between two temporary duty stations AND the usual waiting time that precedes or interrupts such travel (FTR 301-11.1, GM 250)

Col A B C D E F
Line If And And And Then Rule
1 FLSA Non-exempt Flexible tour of duty Employee elects to work more than 8 hours in one duty day
 		 The election to work is strictly voluntary Credit Leave
(max of 2 hours)		 GM 360, Part 427.12
2   Flexible OR Compressed OR Traditional fixed tour of duty Supervisor directs work in excess of scheduled tour of duty   OT 5 CFR 551.401
3     Suffered/permitted to work more than the tour of duty
 		   OT 5 CFR 551.401
4     Is in a pay status during the basic workweek
 		 Works outside the tour of duty OT 5 CFR 551.401(b)
5     Is in a LWOP/AWOL status during any of the basic workweek
 		 Is in a pay status more than 40 hours during the basic workweek OT 5 CFR 551.401(c)
6 FLSA Non-exempt Travels outside the tour of duty within the official duty station
 		 Meets “travel as hours of work” definition Travels at time directed by  the government OT GM 360, Part 427.21
5 CFR 551.422(a)(2)
7     Meets “travel as hours of work” and the employee is on a flexible schedule
 		 Elects to travel at this time for personal convenience Credit Leave
(max of 2 hours)		 GM 360, Part 427.21
8     Meets “travel as hours of work” definition and is on compressed or fixed schedule
 		 Elects to travel at this time for personal convenience No entitlement GM 360, Part 427.21(c)
9   Travels outside the duty station Meets “travel as hours of work” definition
 		 Elects to travel at this time for personal convenience CTT GM 360, Part 427.22
10   Travels outside the tour of duty and outside the duty station Meets “travel as hours of work” definition Travels at time directed by the government OT GM 360, Part 427.21(b)
11     Meets “travel as hours of work” definition

 		 Elects to travel at this time for personal convenience OT for actual OR estimated travel time, whichever is less 5 CFG  551.422(c)(1)
551.422(c)(2)
12     Doesn’t qualify for “travel as hours of work”
 		 Not required, but authorized by supervisor CTT GM 360, Part 427.22
13 FLSA Non-exempt Training – outside tour of duty Directed to participate (failure to attend and successfully complete may result in removal from the position)
 		 Purpose is to improve performance in the current position OT 5 CFG 551.423(a) & (b)
14     Developmental for career advancement, or to maintain expertise (not mandatory)
 		   No entitlement 5 CFG 551.423(a) & (b)
15 FLSA Non-exempt Lectures, meetings, and conferences – outside tour of duty Directed to attend OR performs work for the benefit of the agency
 		   OT GM 360
16     Developmental for career advancement, or maintain expertise (not mandatory)
 		   No entitlement 5 CFG 551.423(a) & (b)
17 Exempt Flexible tour of duty Employee elects to work more than 8 hours in one duty day
 		 The election to work is strictly voluntary Credit Leave
(max of 2 hours)		 GM 360, Part 427.11
18   Flexible OR Compressed OR Fixed tour of duty Supervisor directs work in excess of 40 hours in the basic workweek
 		   OT/CT 5 CFG 550.111
19     In a paid leave status during the basic workweek
 		 Works outside the tour of duty OT/CT 5 CFG 550.112(c)
20     In a without pay status during the basic workweek
 		 Works more than 40 hours OT/CT 5 CFG 550.112(d)
21 Exempt Travels outside the tour of duty within the official duty station Performs work—not driving Directed OT/CT 5 CFG 550.112(g)
22     Driving (does not meet hours of work definition)
 		   No entitlement  
23   Travels outside the duty station Meets “travel as hours of work” definition
 		 Directed OT/CT 5 CFG 550.112(g)
24     Meets “travel as hours of work” definition
 		 Elects to travel at this time for personal convenience CTT GM 360 Part 427.22
25     Doesn’t qualify for “travel as hours of work”
 		 Authorized by supervisor CTT when in a travel status GM 360 Part 427.22
26     Doesn’t qualify for “travel as hours of work”
 		 Not authorized by supervisor No entitlement  
27 Exempt Training – outside tour of duty Directed to participate (failure to attend and successfully complete may result in removal from the position)
 		 Purpose is to improve performance in the current position No entitlement 5 CFG 410.402(a)
28     Developmental for career advancement, or maintain expertise
 		   No entitlement  
29   Lectures, meetings, and conferences Directed

 		   OT/CT GM 360

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