US (United States) Code. Title 5. Chapter 61: Hours of work

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Government organization and employees

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-CITE-

5 USC CHAPTER 61 - HOURS OF WORK 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 61 - HOURS OF WORK

.

-HEAD-

CHAPTER 61 - HOURS OF WORK

-MISC1-

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 Repealed.)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 SCHEDULES

6120. Purpose.

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; accumulation and

compensation.

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 collective bargaining

agreements.

6131. Criteria and review.

6132. Prohibition of coercion.

6133. Regulations; technical assistance; program review.

AMENDMENTS

1982 - Pub. L. 97-221, Sec. 2(b), July 23, 1982, 96 Stat. 233,

inserted ''SUBCHAPTER I - GENERAL PROVISIONS'' before item 6101 and

inserted ''SUBCHAPTER II - FLEXIBLE AND COMPRESSED WORK SCHEDULES''

and items 6120 to 6133 after item 6106.

1972 - Pub. L. 92-392, Sec. 7(b), Aug. 19, 1972, 86 Stat. 573,

struck out item 6102 ''Eight-hour day; 40-hour work week;

wage-board employees''.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 5371 of this title.

-CITE-

5 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 61 - HOURS OF WORK

SUBCHAPTER I - GENERAL PROVISIONS

.

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

-MISC1-

AMENDMENTS

1982 - Pub. L. 97-221, Sec. 2(a)(1), July 23, 1982, 96 Stat. 227,

added subchapter I heading so as to designate existing provisions

as ''SUBCHAPTER I - GENERAL PROVISIONS''.

-CITE-

5 USC Sec. 6101 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 61 - HOURS OF WORK

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 6101. Basic 40-hour workweek; work schedules; regulations

-STATUTE-

(a)(1) For the purpose of this subsection, ''employee'' includes

an employee of the government of the District of Columbia and an

employee 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.

(2) The head of each Executive agency, military department, and

of the government of the District of Columbia shall -

(A) establish a basic administrative workweek of 40 hours for

each full-time employee in his organization; and

(B) require that the hours of work within that workweek be

performed within a period of not more than 6 of any 7 consecutive

days.

(3) Except when the head of an Executive agency, a military

department, or of the government of the District of Columbia

determines that his organization would be seriously handicapped in

carrying out its functions or that costs would be substantially

increased, he shall provide, with respect to each employee in his

organization, that -

(A) assignments to tours of duty are scheduled in advance over

periods of not less than 1 week

(B) the basic 40-hour workweek is scheduled on 5 days, Monday

through Friday when possible, and the 2 days outside the basic

workweek are consecutive;

(C) the working hours in each day in the basic workweek are the

same;

(D) the basic nonovertime workday may not exceed 8 hours;

(E) the occurrence of holidays may not affect the designation

of the basic workweek; and

(F) breaks in working hours of more than 1 hour may not be

scheduled in a basic workday.

(4) Notwithstanding paragraph (3) of this subsection, the head of

an Executive agency, a military department, or of the government of

the District of Columbia may establish special tours of duty, of

not less than 40 hours, to enable employees to take courses in

nearby colleges, universities, or other educational institutions

that will equip them for more effective work in the agency.

Premium pay may not be paid to an employee solely because his

special tour of duty established under this paragraph results in

his working on a day or at a time of day for which premium pay is

otherwise authorized.

(5) The Architect of the Capitol may apply this subsection to

employees under the Office of the Architect of the Capitol or the

Botanic Garden. The Librarian of Congress may apply this subsection

to employees under the Library of Congress.

(b)(1) For the purpose of this subsection, ''agency'' and

''employee'' have the meanings given them by section 5541 of this

title.

(2) To the maximum extent practicable, the head of an agency

shall schedule the time to be spent by an employee in a travel

status away from his official duty station within the regularly

scheduled workweek of the employee.

(c) The Office of Personnel Management may prescribe regulations,

subject to the approval of the President, necessary for the

administration of this section insofar as this section affects

employees in or under an Executive agency.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 514; Pub. L. 90-83, Sec.

1(43), Sept. 11, 1967, 81 Stat. 207; Pub. L. 92-392, Sec. 6, Aug.

19, 1972, 86 Stat. 573; Pub. L. 94-183, Sec. 2(25), Dec. 31, 1975,

89 Stat. 1058; Pub. L. 95-454, title IX, Sec. 906(a)(2), Oct. 13,

1978, 92 Stat. 1224.)

-MISC1-

Historical and Revision Notes

1966 Act

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Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

(a), (b) 5 U.S.C. 944(a). June 30, 1945, ch.

212, Sec. 604(a),

59 Stat. 303. Sept.

1, 1954, ch. 1208,

Sec. 210, 68 Stat.

1112.

(c) 5 U.S.C. 944(d) June 30, 1945, ch.

(less last 27 212, Sec. 604(e)

words). (less last 27

words), 59 Stat.

304.

-------------------------------

In subsection (a), the words ''in the departmental and the field

services'' are omitted as unnecessary.

In subsections (a) and (b), the words ''an Executive agency, a

military department'' are coextensive with and substituted for

''the several departments and independent establishments and

agencies in the executive branch, including Government-owned or

controlled corporations'' and ''such department, establishment, or

agency'' in view of the definitions in sections 105 and 102. The

words ''a military department'' are included to preserve the

application of the source law. Before enactment of the National

Security Act Amendments of 1949 (63 Stat. 578), the Department of

the Army, the Department of the Navy, and the Department of the Air

Force were Executive departments. The National Security Act

Amendments of 1949 established the Department of Defense as an

Executive Department including the Department of the Army, the

Department of the Navy, and the Department of the Air Force as

military departments, not as Executive departments. However, the

source law for this section which was in effect in 1949, remained

applicable to the Secretaries of the military departments by virtue

of section 12(g) of the National Security Act Amendments of 1949

(63 Stat. 591), which is set out in the reviser's note for section

301.

Subsection (d) is added on authority of former sections 901(d)

and 2358(a) (as applicable to the Federal Employees Pay Act of

1945, as amended) which are carried into section 5541, and to

include individuals employed by the government of the District of

Columbia as they are not included in the definition of ''employee''

in section 2105.

Subsection (e) is added on authority of former section 945, which

is carried into section 5548. The words ''an Executive agency'' are

substituted for ''the executive branch of the Government'' to

conform to the definition in section 105. Applicability of this

section to employees of the General Accounting Office is based on

former section 933a.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

1967 Act

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Section of title 5 Source (U.S. Code) Source (Statutes at

Large)

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6101(a) (1)-(3), (5) 5:6101(a)-(d). (None.)

6101(a)(4) 5 App.: 944(a)(3). June 29, 1966, Pub.

L. 89-478, 80 Stat.

231.

6101(b) 5 App.: 912b (last Oct. 29, 1965, Pub.

sentence). L. 89-301, Sec. 16,

79 Stat. 1123.

6101(c) 5:6101(e). (None.)

-------------------------------

In subsection (a)(4), the words ''without regard to the

requirements of such paragraph'' are omitted as redundant in view

of the words ''notwithstanding paragraph (3) of this subsection''

at the beginning thereof. The words ''an Executive agency, a

military department'' are coextensive with and substituted for

''each such department, establishment, or agency'' and to conform

to subsections (a)(2) and (a)(3). The words ''officers'' and

''officer'' are omitted as included in ''employees'' and

''employee''. The word ''pay'' is substituted for ''compensation''

to conform to the style of title 5, United States Code.

Subsection (b)(1) is added on authority of former sections 901

and 902 of title 5, which are now codified in 5 U.S.C. 5541.

In subsection (b)(2), the words ''head of an agency'' are

substituted for ''head of any department, independent

establishment, or agency, including Government-owned or controlled

corporations, or of the municipal government of the District of

Columbia, or the head of any legislative or judicial agency to

which this title applies'' to conform to the definition of

''agency'' in 5 U.S.C. 5541, which is made applicable to this

subsection by subsection (b)(1). The word ''officer'' is omitted as

included in ''employee''.

AMENDMENTS

1978 - Subsec. (c). Pub. L. 95-454 substituted ''Office of

Personnel Management'' for ''Civil Service Commission''.

1975 - Subsec. (a)(4). Pub. L. 94-183 substituted ''educational''

for ''education''.

1972 - Subsec. (a)(1). Pub. L. 92-392 defined ''employee'' to

include an employee 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 and

exclude certain employees ''except as specifically provided under

this paragraph''.

TERMINATION DATE OF 1982 AMENDMENT

Pub. L. 97-221, Sec. 5, July 23, 1982, 96 Stat. 234, as amended

by Pub. L. 99-69, July 22, 1985, 99 Stat. 167; Pub. L. 99-109,

Sept. 30, 1985, 99 Stat. 482; Pub. L. 99-140, Oct. 31, 1985, 99

Stat. 563, which had provided that enactment of subchapter II of

this chapter, amendment of sections 3401 and 6106 of this title,

and enactment of provisions set out as notes under sections 6101

and 6106 of this title, should not be in effect after Dec. 31,

1985, was repealed by Pub. L. 99-190, Sec. 140, Dec. 19, 1985, 99

Stat. 1324, and also by Pub. L. 99-196, Dec. 23, 1985, 99 Stat.

1350.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-454 effective 90 days after Oct. 13,

1978, see section 907 of Pub. L. 95-454, set out as a note under

section 1101 of this title.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-392 effective on first day of first

applicable pay period beginning on or after 90th day after Aug. 19,

1972, see section 15(a) of Pub. L. 92-392, set out as an Effective

Date note under section 5341 of this title.

SHORT TITLE OF 1982 AMENDMENT

Pub. L. 97-221, Sec. 1, July 23, 1982, 96 Stat. 227, provided:

''That this Act (enacting subchapter II of this chapter, amending

sections 3401 and 6106 of this title, and enacting provisions set

out as notes under this section and section 6106 of this title) may

be cited as the 'Federal Employees Flexible and Compressed Work

Schedules Act of 1982'.''

-TRANS-

DELEGATION OF FUNCTIONS

Functions vested in Office of Personnel Management under this

section insofar as it affects officers and employees in or under

the executive branch of the government to be performed without

approval of President, see section 1(1) of Ex. Ord. No. 11228, June

14, 1965, 30 F.R. 7739, set out as a note under section 301 of

Title 3, The President.

-MISC5-

FEDERAL EMPLOYEES FLEXIBLE AND COMPRESSED WORK SCHEDULES

Pub. L. 95-390, Sec. 1-306, Sept. 29, 1978, 92 Stat. 755-762, as

amended by Pub. L. 97-160, Mar. 26, 1982, 96 Stat. 21, provided

that:

''SHORT TITLE

''Section 1. This Act (enacting section 5550a of this title and

this note) may be cited as the 'Federal Employees Flexible and

Compressed Work Schedules Act of 1978'.

''CONGRESSIONAL FINDINGS

''Sec. 2. The Congress finds that new trends in the usage of

4-day workweeks, flexible work hours, and other variations in

workday and workweek schedules in the private sector appear to show

sufficient promise to warrant carefully designed, controlled, and

evaluated experimentation by Federal agencies to determine whether

and in what situations such varied work schedules can be

successfully used by Federal agencies on a permanent basis. The

Congress also finds that there should be sufficient flexibility in

the work schedules of Federal employees to allow such employees to

meet the obligations of their faith.

''DEFINITIONS

''Sec. 3. For purposes of this Act (other than title IV) (this

note) -

''(1) the term 'agency' means an Executive agency and a

military department (as such terms are defined in sections 105

and 102, respectively, of title 5, United States Code);

''(2) the term 'employ' has the meaning given it by section

2105 of title 5, United States Code;

''(3) the term 'Commission' means the United States Civil

Service Commission; and

''(4) the term 'basic work requirement' means the number of

hours, excluding overtime hours, which an employee is required to

work or is required to account for by leave or otherwise.

''EXPERIMENTAL PROGRAMS

''Sec. 4. (a)(1) Within 180 days after the effective date of this

section, and subject to the requirements of section 302 and the

terms of any written agreement referred to in section 302(a), the

Commission shall establish a program which provides for the

conducting of experiments by the Commission under titles I and II

of this Act. Such experimental program shall cover a sufficient

number of positions throughout the executive branch, and a

sufficient range of worktime alternatives, as to provide an

adequate basis on which to evaluate the effectiveness and

desirability of permanently maintaining flexible or compressed work

schedules within the executive branch.

''(2) Each agency may conduct one or more experiments under

titles I and II of this Act. Such experiments shall be subject to

such regulations as the Commission may prescribe under section 305

of this Act.

''(b) The Commission shall, not later than 90 days after the

effective date of this section, establish a master plan which shall

contain guidelines and criteria by which the Commission will study

and evaluate experiments conducted under titles I and II of this

Act. Such master plan shall provide for the study and evaluation of

experiments within a sample of organizations of different size,

geographic location, and functions and activities, sufficient to

insure adequate evaluation of the impact of varied work schedules

on -

''(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) individuals and families generally.

''(c) The Commission shall provide educational material, and

technical aids and assistance, for use by an agency before and

during the period such agency is conducting experiments under this

Act (enacting section 5550a of this title and this note).

''(d) If the head of an agency determines that the implementation

of an experimental program referred to in subsection (a) would

substantially disrupt the agency in carrying out its functions,

such agency head shall request the Commission to exempt such agency

from the requirements of any experiment conducted by the Commission

under subsection (a). Such request shall be accompanied by a report

detailing the reasons for such determination. The Commission shall

exempt an agency from such requirements only if it finds that

including the agency within the experiment would not be in the best

interest of the public, the Government, or the employees. The

filing of such a request with the Commission shall exclude the

agency from the experiment until the Commission has made its

determination or until 180 days after the date the request is

filed, whichever first occurs.

''TITLE I - FLEXIBLE SCHEDULING OF WORK HOURS

''DEFINITIONS

''Sec. 101. For purposes of this title -

''(1) the term 'credit hours' means any hours, within a

flexible schedule established under 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; and

''(2) the term 'overtime hours' means all hours in excess of 8

hours in a day or 40 hours in a week which are officially ordered

in advance, but does not include credit hours.

''FLEXIBLE SCHEDULING EXPERIMENTS

''Sec. 102. (a) Notwithstanding section 6101 of title 5, United

States Code, experiments may be conducted in agenices (agencies) to

test 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

schedule may elect the time of such employee's arrival at and

departure from work, solely for such purpose or, if and to the

extent permitted, 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

subject 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 Act (enacting

section 5550a of this title and this note), but subject to the

terms of any written agreement under section 302(a) -

''(1) any experiment under subsection (a) of this section may

be terminated by the Commission if it determines that the

experiment is not in the best interest of the public, the

Government, or the employees; or

''(2) if the head of an agency determines that any organization

within the agency which is participating in an experiment under

subsection (a) is being substantially disrupted in carrying out

its functions or is incurring additional costs because of such

participation, 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 experiment any employee or group of

employees.

''(c) Experiments under subsection (a) shall terminate not later

than the first day of the second pay period beginning after July 4,

1982.

''COMPUTATION OF PREMIUM PAY

''Sec. 103. (a) For purposes of determining compensation for

overtime hours in the case of an employee participating in an

experiment under section 102 -

''(1) the head of an agency may, on request 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 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 section 7 of

the Fair Labor Standards Act, as amended (section 207 of Title

29, Labor), 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 compensated for credit hours worked except to the extent

authorized under section 106 or to the extent such employee is

allowed to have such hours taken into account with respect to the

employee's basic work requirement.

''(c)(1) Notwithstanding section 5545(a) of title 5, United

States Code, 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 from which such premium 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 title 5, United States

Code, and 4107(e)(2) of title 38, United States Code, night

differential will not be paid to any employee otherwise subject to

either of such sections solely because such employee elects to work

credit hours, or elects a time of arrival or departure, at a time

of day for which night differential is otherwise authorized; except

that such differential shall be paid to an employee on a flexible

schedule under this title -

''(A) in the case of an employee subject to such section

5343(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.

''HOLIDAYS

''Sec. 104. Notwithstanding sections 6103 and 6104 of title 5,

United States Code, if any employee on a flexible schedule under

this title is relieved or prevented from working on a day

designated as a holiday by Federal statute or Executive order, such

employee is entitled to pay with respect to that day for 8 hours

(or, in the case of a part-time employee, an appropriate portion of

the employee's biweekly basic work requirement as determined under

regulations prescribed by the Commission).

''TIME-RECORDING DEVICES

''Sec. 105. Notwithstanding section 6106 of title 5, United

States Code, the Commission or an agency may use recording clocks

as part of its experiments under this title.

''CREDIT HOURS; ACCUMULATION AND COMPENSATION

''Sec. 106. (a) Subject to any limitation prescribed by the

Commission or the agency, a full-time employee on a flexible

schedule can accumulate not more than 10 credit hours, and a

part-time employee can accumulate not more than one-eighth of the

hours in such employee's biweekly basic work requirement, for

carryover from a biweekly 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 experiment under

this title and who is no longer subject to such an experiment 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.

''TITLE II - 4-DAY WEEK AND OTHER COMPRESSED WORK SCHEDULES

''DEFINITIONS

''Sec. 201. For purposes of this title -

''(1) the term 'compressed schedule' means -

''(A) in the case of a full-time employee, an 80-hour

biweekly 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; and

''(2) the term 'overtime hours' means any hours in excess of

those specified hours which constitute the compressed schedule.

''COMPRESSED SCHEDULE EXPERIMENTS

''Sec. 202. (a) Notwithstanding section 6101 of title 5, United

States Code, experiments may be conducted in agencies to test a

4-day work-week or other compressed schedule.

''(b)(1) 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 any

experiment under subsection (a) unless a majority of the employees

in such unit who, but for this paragraph, would be included in such

experiment have voted to be so included.

''(2) Upon written request to any agency by an employee, the

agency, if it determines that participation in an experiment under

subsection (a) would impose a personal hardship on such employee,

shall -

''(A) except such employee from such experiment; 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 experiment,

''(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 Act (enacting

section 5550a of this title and this note), but subject to the

terms of any written agreement under section 302(a), any experiment

under subsection (a) may be terminated by the Commission, or the

agency, if it determines that the experiment is not in the best

interest of the public, the Government, or the employees.

''(d) Experiments under subsection (a) shall terminate not later

than the end of the first day of the second pay period beginning

after July 4, 1982.

''COMPUTATION OF PREMIUM PAY

''Sec. 203. (a) The provisions of sections 5542(a), 5544(a), and

5550(2) of title 5, United States Code, section 4107(e)(5) of title

38, United States Code, section 7 of the Fair Labor Standards Act,

as amended (section 207 of Title 29, Labor), 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 subsection (a) are applicable to the employee. In the case

of any part-time employee on a compressed schedule, overtime pay

shall begin to 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

title 5, United States Code, 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 title 5, United States

Code, an employee on a compressed schedule who 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 title 5, United States Code, as

applicable, or the provisions of section 7 of the Fair Labor

Standards Act, as amended (section 207 of Title 29, Labor),

whichever provisions are more beneficial to the employee.

''TITLE III - ADMINISTRATIVE PROVISIONS

''ADMINISTRATION OF LEAVE AND RETIREMENT PROVISIONS

''Sec. 301. For purposes of administering sections 6303(a), 6304,

6307(a) and (c), 6323, 6326, and 8339(m) of title 5, United States

Code, in the case of an employee who is in any experiment under

title I or II, references to a day or workday (or to multiples or

parts thereof) contained in such sections shall be considered to be

references to 8 hours (or to the respective multiples or parts

thereof).

''APPLICATION OF EXPERIMENTS IN THE CASE OF NEGOTIATED CONTRACTS

''Sec. 302. (a) Employees within a unit with respect to which an

organization of Government employees has been accorded exclusive

recognition shall not be included within any experiment under title

I or II of this Act except to the extent expressly provided under a

written agreement between the agency and such organization.

''(b) The Commission or an agency may not participate in a

flexible or compressed schedule experiment under a negotiated

contract which contains premium pay provisions which are

inconsistent with the provisions of section 103 or 203 of this Act,

as applicable.

''PROHIBITION OF COERCION

''Sec. 303. (a) An employee may not directly or indirectly

intimidate, threaten, or coerce, or attempt to intimidate,

threaten, or coerce, any other employee for the purpose of

interfering with -

''(1) such employee's rights under title I to elect a time of

arrival or departure, to work or not to work credit hours, or to

request or not to request compensatory time off in lieu of

payment for overtime hours; or

''(2) such employee's right under section 202(b)(1) to vote

whether or not to be included within a compressed schedule

experiment or such employee's right to request an agency

determination under section 202(b)(2).

For the purpose of the preceding sentence, the term 'intimidate,

threaten, or coerce' includes, but is not limited to, promising to

confer or conferring any benefit (such as appointment, promotion,

or compensation), or effecting or threatening to effect any

reprisal (such as deprivation of appointment, promotion, or

compensation).

''(b) Any employee who violates the provisions of subsection (a)

shall, upon a final order of the Commission, be -

''(1) removed from such employee's position, in which event

that employee may not thereafter hold any position as an employee

for such period as the Commission may prescribe;

''(2) suspended without pay from such employee's position for

such period as the Commission may prescribe; or

''(3) disciplined in such other manner as the Commission shall

deem appropriate.

The commission shall prescribe procedures to carry out this

subsection under which an employee subject to removal, suspension,

or other disciplinary action shall have rights comparable to the

rights afforded an employee subject to removal or suspension under

subchapter III of chapter 73 of title 5, United States Code,

relating to certain prohibited political activities.

''REPORTS

''Sec. 304. Not later than 2 1/2 years after the effective date

of titles I and II of this Act, the Commission shall -

''(1) prepare an interim report containing recommendations as

to what, if any, legislative or administrative action shall be

taken based upon the results of experiments conducted under this

Act (enacting section 5550a of this title and this note), and

''(2) submit copies of such report to the President, the

Speaker of the House, and the President pro tempore of the

Senate.

The Commission shall prepare a final report with regard to

experiments conducted under this Act (enacting section 5550a of

this title and this note) and shall submit copies of such report to

the President, the Speaker of the House, and the President pro

tempore of the Senate not later than 3 years after such effective

date.

''REGULATIONS

''Sec. 305. The Commission shall prescribe regulations necessary

for the administration of the foregoing provisions of this Act

(enacting section 5550a of this title and this note).

''EFFECTIVE DATE

''Sec. 306. The provisions of section 4 and titles I and II of

this Act shall take effect on the 180th day after -

''(1) the date of the enactment of this Act (Sept. 29, 1978),

or

''(2) October 1, 1978,

whichever date is later.''

SAVINGS PROVISIONS; 1982 AMENDMENT

Pub. L. 97-221, Sec. 4, July 23, 1982, 96 Stat. 234, provided

that:

''(a) Except as provided in subsection (b), each flexible or

compressed work schedule established by any agency under the

Federal Employees Flexible and Compressed Work Schedules Act of

1978 (5 U.S.C. 6101 note) in existence on the date of enactment of

this Act (July 23, 1982) shall be continued by the agency

concerned.

''(b)(1) During the 90-day period after the date of the enactment

of this Act (July 23, 1982) any flexible or compressed work

schedule referred to in subsection (a) may be reviewed by the

agency concerned. If, in reviewing the schedule, the agency

determines in writing that -

''(A) the schedule has reduced the productivity of the agency

or the level of services to the public, or has increased the cost

of the agency operations, and

''(B) termination of the schedule will not result in an

increase in the cost of the agency operations (other than a

reasonable administrative cost relating to the process of

terminating a schedule),

the agency shall, notwithstanding any provision of a negotiated

agreement, immediately terminate such schedule and such termination

shall not be subject to negotiation or to administrative review

(except as the President may provide) or to judicial review.

''(2) If a schedule established pursuant to a negotiated

agreement is terminated under paragraph (1), either the agency or

the exclusive representative concerned may, by written notice to

the other party within 90 days after the date of such termination,

initiate collective bargaining pertaining to the establishment of

another flexible or compressed work schedule under subchapter II of

chapter 61 of title 5, United States Code, which would be effective

for the unexpired portion of the term of the negotiated

agreement.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5504, 6122, 6127 of this

title; title 2 sections 1844, 1845; title 10 sections 4338, 6952,

9338; title 32 section 709.

-CITE-

5 USC Sec. 6102 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 61 - HOURS OF WORK

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

(Sec. 6102. Repealed. Pub. L. 92-392, Sec. 7(a), Aug. 19, 1972, 86

Stat. 573)

-MISC1-

Section, Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 515, provided

for eight-hour day and 40-hour workweek for wage-board employees.

See sections 5544(a) and 6101(a)(1) of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective on first day of first applicable pay period

beginning on or after 90th day after Aug. 19, 1972, see section

15(a) of Pub. L. 92-392, set out as an Effective Date note under

section 5341 of this title.

-CITE-

5 USC Sec. 6103 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 61 - HOURS OF WORK

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 6103. Holidays

-STATUTE-

(a) The following are legal public holidays:

New Year's Day, January 1.

Birthday of Martin Luther King, Jr., the third Monday in

January.

Washington's Birthday, the third Monday in February.

Memorial Day, the last Monday in May.

Independence Day, July 4.

Labor Day, the first Monday in September.

Columbus Day, the second Monday in October.

Veterans Day, November 11.

Thanksgiving Day, the fourth Thursday in November.

Christmas Day, December 25.

(b) For the purpose of statutes relating to pay and leave of

employees, with respect to a legal public holiday and any other day

declared to be a holiday by Federal statute or Executive order, the

following rules apply:

(1) Instead of a holiday that occurs on a Saturday, the Friday

immediately before is a legal holiday for -

(A) employees whose basic workweek is Monday through Friday;

and

(B) the purpose of section 6309 (FOOTNOTE 1) of this title.

(FOOTNOTE 1) See References in Text note below.

(2) Instead of a holiday that occurs on a regular weekly

non-workday of an employee whose basic workweek is other than

Monday through Friday, except the regular weekly non-workday

administratively scheduled for the employee instead of Sunday,

the workday immediately before that regular weekly nonworkday is

a legal public holiday for the employee.

(3) Instead of a holiday that is designated under subsection

(a) to occur on a Monday, for an employee at a duty post outside

the United States whose basic workweek is other than Monday

through Friday, and for whom Monday is a regularly scheduled

workday, the legal public holiday is the first workday of the

workweek in which the Monday designated for the observance of

such holiday under subsection (a) occurs.

This subsection, except subparagraph (B) of paragraph (1), does not

apply to an employee whose basic workweek is Monday through

Saturday.

(c) January 20 of each fourth year after 1965, Inauguration Day,

is a legal public holiday for the purpose of statutes relating to

pay and leave of employees as defined by section 2105 of this title

and individuals employed by the government of the District of

Columbia employed in the District of Columbia, Montgomery and

Prince Georges Counties in Maryland, Arlington and Fairfax Counties

in Virginia, and the cities of Alexandria and Falls Church in

Virginia. When January 20 of any fourth year after 1965 falls on

Sunday, the next succeeding day selected for the public observance

of the inauguration of the President is a legal public holiday for

the purpose of this subsection.

(d)(1) For purposes of this subsection -

(A) the term ''compressed schedule'' has the meaning given such

term by section 6121(5); and

(B) the term ''adverse agency impact'' has the meaning given

such term by section 6131(b).

(2) An agency may prescribe rules under which employees on a

compressed schedule may, in the case of a holiday that occurs on a

regularly scheduled non-workday for such employees, and

notwithstanding any other provision of law or the terms of any

collective bargaining agreement, be required to observe such

holiday on a workday other than as provided by subsection (b), if

the agency head determines that it is necessary to do so in order

to prevent an adverse agency impact.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 515; Pub. L. 90-363, Sec.

1(a), June 28, 1968, 82 Stat. 250; Pub. L. 94-97, Sept. 18, 1975,

89 Stat. 479; Pub. L. 98-144, Sec. 1, Nov. 2, 1983, 97 Stat. 917;

Pub. L. 104-201, div. A, title XVI, Sec. 1613, Sept. 23, 1996, 110

Stat. 2739; Pub. L. 105-261, div. A, title XI, Sec. 1107, Oct. 17,

1998, 112 Stat. 2142.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

(a) 5 U.S.C. 87. June 28, 1894, ch.

118, 28 Stat. 96.

5 U.S.C. 87a. May 13, 1938, ch.

210, 52 Stat. 351.

June 1, 1954, ch.

250, 68 Stat. 168.

5 U.S.C. 87b. Dec. 26, 1941, ch.

631, 55 Stat. 862.

(b) 5 U.S.C. 87c. Sept. 22, 1959, Pub.

L. 86-362, Sec. 1,

2, 73 Stat. 643,

644.

(c) (Uncodified). Jan. 11, 1957, Pub.

L. 85-1, 71 Stat.

3.

-------------------------------

In subsection (a), former sections 87, 87a, and 87b are combined

and restated for clarity. The names of all holidays are inserted

for ready reference in a like manner to that used in former section

87c.

In subsection (c), the year ''1965'' is substituted for ''1957''.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-REFTEXT-

REFERENCES IN TEXT

Section 6309 of this title, referred to in subsec. (b)(1)(B), was

repealed by Pub. L. 94-183, Sec. 2(26), Dec. 31, 1975, 89 Stat.

1058.

-MISC2-

AMENDMENTS

1998 - Subsec. (b)(3). Pub. L. 105-261 added par. (3).

1996 - Subsec. (d). Pub. L. 104-201 added subsec. (d).

1983 - Subsec. (a). Pub. L. 98-144 inserted item relating to

birthday of Martin Luther King, Jr.

1975 - Subsec. (a). Pub. L. 94-97 changed Veterans Day from

fourth Monday in October to November 11.

1968 - Subsec. (a). Pub. L. 90-363 added Columbus Day, the second

Monday in October, to the enumerated legal public holidays, and

substituted provisions that Washington's Birthday, Memorial Day,

and Veterans Day are to be celebrated on the third Monday in

February, the last Monday in May, and the fourth Monday in October,

respectively, for provisions that the above mentioned public

holidays are to be celebrated on February 22, May 30, and November

11, respectively.

EFFECTIVE DATE OF 1983 AMENDMENT

Section 2 of Pub. L. 98-144 provided that: ''The amendment made

by the first section of this Act (amending this section) shall take

effect on the first January 1 that occurs after the two-year period

following the date of the enactment of this Act (Nov. 2, 1983).''

EFFECTIVE DATE OF 1975 AMENDMENT

Pub. L. 94-97 provided that the amendment made by Pub. L. 94-97

is effective Jan. 1, 1978.

EFFECTIVE DATE OF 1968 AMENDMENT

Section 2 of Pub. L. 90-363 provided that: ''The amendment made

by subsection (a) of the first section of this Act (amending this

section) shall take effect on January 1, 1971.''

REFERENCES IN LAWS OF THE UNITED STATES TO OBSERVANCES OF LEGAL

PUBLIC HOLIDAYS

Section 1(b) of Pub. L. 90-363 provided that: ''Any reference in

a law of the United States (in effect on the effective date of the

amendment made by subsection (a) of this section) (January 1, 1971)

to the observance of a legal public holiday on a day other than the

day prescribed for the observance of such holiday by section

6103(a) of title 5, United States Code, as amended by subsection

(a), shall on and after such effective date be considered a

reference to the day for the observance of such holiday prescribed

in such amended section 6103(a).''

-EXEC-

EXECUTIVE ORDER NO. 10358

Ex. Ord. No. 10358, June 9, 1952, 17 F.R. 1529, as amended by Ex.

Ord. No. 11226, May 27, 1965, 30 F.R. 7213; Ex. Ord. No. 11272,

Feb. 23, 1966, 31 F.R. 3111, which related to the observance of

holidays, was revoked by Ex. Ord. No. 11582, Feb. 11, 1971, 36 F.R.

2957, set out below.

EX. ORD. NO. 11582. OBSERVANCE OF HOLIDAYS

Ex. Ord. No. 11582, Feb. 11, 1971, 36 F.R. 2957, provided:

By virtue of the authority vested in me as President of the

United States, it is hereby ordered as follows:

Section 1. Except as provided in section 7, this order shall

apply to all executive departments, independent agencies, and

Government corporations, including their field services.

Sec. 2. As used in this order:

(a) Holiday means the first day of January, the third Monday of

February, the last Monday of May, the fourth day of July, the first

Monday of September, the second Monday of October, the fourth

Monday of October, the fourth Thursday of November, the

twenty-fifth day of December, or any other calendar day designated

as a holiday by Federal statute or Executive order.

(b) Workday means those hours which comprise in sequence the

employee's regular daily tour of duty within any 24-hour period,

whether falling entirely within one calendar day or not.

Sec. 3. (a) Any employee whose basic workweek does not include

Sunday and who would ordinarily be excused from work on a holiday

falling within his basic workweek shall be excused from work on the

next workday of his basic workweek whenever a holiday falls on

Sunday.

(b) Any employee whose basic workweek includes Sunday and who

would ordinarily be excused from work on a holiday falling within

his basic workweek shall be excused from work on the next workday

of his basic workweek whenever a holiday falls on a day that has

been administratively scheduled as his regular weekly nonworkday in

lieu of Sunday.

Sec. 4. The holiday for a full-time employee for whom the head of

a department has established the first 40 hours of duty performed

within a period of not more than six days of the administrative

workweek as his basic workweek because of the impracticability of

prescribing a regular schedule of definite hours of duty for each

workday, shall be determined as follows:

(a) If a holiday occurs on Sunday, the head of the department

shall designate in advance either Sunday or Monday as the

employee's holiday and the employee's basic 40-hour tour of duty

shall be deemed to include eight hours on the day designated as the

employee's holiday.

(b) If a holiday occurs on Saturday, the head of the department

shall designate in advance either the Saturday or the preceding

Friday as the employee's holiday and the employee's basic 40-hour

tour of duty shall be deemed to include eight hours on the day

designated as the employee's holiday.

(c) If a holiday occurs on any other day of the week, that day

shall be the employee's holiday, and the employee's basic 40-hour

tour of duty shall be deemed to include eight hours on that day.

(d) When a holiday is less than a full day, proportionate credit

will be given under paragraph (a), (b), or (c) of this section.

Sec. 5. Any employee whose workday covers portions of two

calendar days and who would, except for this section, ordinarily be

excused from work scheduled for the hours of any calendar day on

which a holiday falls, shall instead be excused from work on his

entire workday which commences on any such calendar day.

Sec. 6. In administering the provisions of law relating to pay

and leave of absence, the workdays referred to in sections 3, 4,

and 5 shall be treated as holidays in lieu of the corresponding

calendar holidays.

Sec. 7. The provisions of this order shall apply to officers and

employees of the Post Office Department and the United States

Postal Service (except that sections 3, 4, 5, and 6 shall not apply

to the Postal Field Service) until changed by the Postal Service in

accordance with the Postal Reorganization Act.

Sec. 8. Executive Order No. 10358 of June 9, 1952, entitled

Observance of Holidays by Government Agencies and amendatory

Executive Orders No. 11226 of May 27, 1965, and No. 11272 of

February 23, 1966, are revoked.

Sec. 9. This order is effective as of January 1, 1971.

Richard Nixon.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6104, 6124 of this title;

title 12 section 3710; title 15 section 18a; title 21 section 1053;

title 29 section 1201; title 38 section 5120; title 42 sections

909, 15381.

-CITE-

5 USC Sec. 6104 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 61 - HOURS OF WORK

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 6104. Holidays; daily, hourly, and piece-work basis employees

-STATUTE-

When a regular employee as defined by section 2105 of this title

or an individual employed regularly by the government of the

District of Columbia, whose pay is fixed at a daily or hourly rate,

or on a piece-work basis, is relieved or prevented from working on

a day -

(1) on which agencies are closed by Executive order, or, for

individuals employed by the government of the District of

Columbia, by order of the Mayor;

(2) by administrative order under regulations issued by the

President, or, for individuals employed by the government of the

District of Columbia, by the Council of the District of Columbia;

or

(3) solely because of the occurrence of a legal public holiday

under section 6103 of this title, or a day declared a holiday by

Federal statute, Executive order, or, for individuals employed by

the government of the District of Columbia, by order of the

Mayor;

he is entitled to the same pay for that day as for a day on which

an ordinary day's work is performed.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 516; Pub. L. 90-623, Sec.

1(15), Oct. 22, 1968, 82 Stat. 1313; Pub. L. 96-54, Sec. 2(a)(38),

Aug. 14, 1979, 93 Stat. 383.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 86a. June 29, 1938, ch.

818, Sec. 1, 52

Stat. 1246.

June 11, 1954, ch.

283, 68 Stat. 249.

July 18, 1958, Pub.

L. 85-533, Sec. 2,

72 Stat. 377.

-------------------------------

The enumeration of holidays is eliminated as unnecessary in view

of section 6103.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1979 - Pub. L. 96-54 substituted ''Mayor'' for ''Commissioner''

in pars. (1) and (3), and ''Council of the District of Columbia''

for ''District of Columbia Council'' in par. (2).

1968 - Pub. L. 90-623 substituted ''Commissioner'' for ''Board of

Commissioners'' in pars. (1) and (3), and ''District of Columbia

Council'' for ''Board of Commissioners'' in par. (2).

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-54 effective July 12, 1979, see section

2(b) of Pub. L. 96-54, set out as a note under section 305 of this

title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-623 intended to restate without

substantive change the law in effect on Oct. 22, 1968, see section

6 of Pub. L. 90-623, set out as a note under section 5334 of this

title.

-EXEC-

EX. ORD. NO. 10552. DELEGATION OF AUTHORITY TO PROMULGATE

REGULATIONS

Ex. Ord. No. 10552, Aug. 10, 1954, 19 F.R. 5079, as amended by

Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:

By virtue of the authority vested in me by section 301 of title 3

of the United States Code, 65 Stat. 713, it is declared that the

Office of Personnel Management be, and it is hereby, designated and

empowered to exercise, without the approval, ratification, or other

action of the President, the authority vested in the President by

the joint resolution of June 29, 1938, 52 Stat. 1246, as amended by

the act of June 11, 1954, 68 Stat. 249 (this section), to

promulgate regulations under which certain employees of the

Government may be prevented or relieved from working by

administrative order.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6124 of this title.

-CITE-

5 USC Sec. 6105 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 61 - HOURS OF WORK

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 6105. Closing of Executive departments

-STATUTE-

An Executive department may not be closed as a mark to the memory

of a deceased former official of the United States.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 516.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 28. Mar. 3, 1893, ch.

211, Sec. 4, 27

Stat. 715.

-------------------------------

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-CITE-

5 USC Sec. 6106 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 61 - HOURS OF WORK

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 6106. Time clocks; restrictions

-STATUTE-

A recording clock may not be used to record time of an employee

of an Executive department in the District of Columbia, except that

the Bureau of Engraving and Printing may use such recording clocks.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 516; Pub. L. 97-221, Sec.

6(a), July 23, 1982, 96 Stat. 234.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 27. Feb. 24, 1899, ch.

187, Sec. 1 (14th

par. on p. 864), 30

Stat. 864.

-------------------------------

The words ''District of Columbia'' are substituted for

''Washington'' as a clearer statement.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

AMENDMENTS

1982 - Pub. L. 97-221 substituted ''District of Columbia, except

that the Bureau of Engraving and Printing may use such recording

clocks'' for ''District of Columbia''.

EFFECTIVE DATE OF 1982 AMENDMENT

Section 6(b) of Pub. L. 97-221 provided that: ''The amendment

made by this section (amending this section) shall take effect

October 1, 1982. Section 5 of this Act (set out in the Termination

Date of 1982 Amendment note under section 6101 of this title) shall

not apply to the amendment made by this section.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6125 of this title.

-CITE-

5 USC SUBCHAPTER II - FLEXIBLE AND COMPRESSED WORK

SCHEDULES 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 61 - HOURS OF WORK

SUBCHAPTER II - FLEXIBLE AND COMPRESSED WORK SCHEDULES

.

-HEAD-

SUBCHAPTER II - FLEXIBLE AND COMPRESSED WORK SCHEDULES

-MISC1-

AMENDMENTS

1982 - Pub. L. 97-221, Sec. 2(a)(2), July 23, 1982, 96 Stat. 227,

added subchapter II heading as part of enactment of sections 6120

to 6133 of this title.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 3401 of this title;

title 25 section 1616i.

-CITE-

5 USC Sec. 6120 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 61 - HOURS OF WORK

SUBCHAPTER II - FLEXIBLE AND COMPRESSED WORK SCHEDULES

-HEAD-

Sec. 6120. Purpose

-STATUTE-

The Congress finds that the use of flexible and compressed work

schedules has the potential to improve productivity in the Federal

Government and provide greater service to the public.

-SOURCE-

(Added Pub. L. 97-221, Sec. 2(a)(2), July 23, 1982, 96 Stat. 227.)

-MISC1-

TELECOMMUTING IN EXECUTIVE AGENCIES

Pub. L. 106-346, Sec. 101(a) (title III, Sec. 359), Oct. 23,

2000, 114 Stat. 1356, 1356A-36, provided that: ''Each executive

agency shall establish a policy under which eligible employees of

the agency may participate in telecommuting to the maximum extent

possible without diminished employee performance. Not later than 6

months after the date of the enactment of this Act (Oct. 23, 2000),

the Director of the Office of Personnel Management shall provide

that the requirements of this section are applied to 25 percent of

the Federal workforce, and to an additional 25 percent of such

workforce each year thereafter.''

-EXEC-

EXPANDING FAMILY-FRIENDLY WORK ARRANGEMENTS IN EXECUTIVE BRANCH

Memorandum of President of the United States, July 11, 1994, 59

F.R. 36017, provided:

Memorandum for the Heads of Executive Departments and Agencies

In order to recruit and retain a Federal work force that will

provide the highest quality of service to the American people, the

executive branch must implement flexible work arrangements to

create a ''family-friendly'' workplace. Broad use of flexible work

arrangements to enable Federal employees to better balance their

work and family responsibilities can increase employee

effectiveness and job satisfaction, while decreasing turnover rates

and absenteeism. I therefore adopt the National Performance

Review's recommendation that a more family-friendly workplace be

created by expanding opportunities for Federal workers to

participate in flexible work arrangements, consistent with the

mission of the executive branch to serve the public.

The head of each executive department or agency (hereafter

collectively ''agency'' or ''agencies'') is hereby directed to

establish a program to encourage and support the expansion of

flexible family-friendly work arrangements, including: job sharing;

career part-time employment; alternative work schedules;

telecommuting and satellite work locations. Such a program shall

include:

(1) identifying agency positions that are suitable for flexible

work arrangements;

(2) adopting appropriate policies to increase the opportunities

for employees in suitable positions to participate in such

flexible work arrangements;

(3) providing appropriate training and support necessary to

implement flexible work arrangements; and

(4) identifying barriers to implementing this directive and

providing recommendations for addressing such barriers to the

President's Management Council.

I direct the Director of the Office of Personnel Management

(''OPM'') and the Administrator of General Services (''GSA'') to

take all necessary steps to support and encourage the expanded

implementation of flexible work arrangements. The OPM and GSA

shall work in concert to promptly review and revise regulations

that are barriers to such work arrangements and develop legislative

proposals, as needed, to achieve the goals of this directive. The

OPM and GSA also shall assist agencies, as requested, to implement

this directive.

The President's Management Council, in conjunction with the

Office of Management and Budget, shall ensure that any guidance

necessary to implement the actions set forth in this directive is

provided.

Independent agencies are requested to adhere to this directive to

the extent permitted by law.

This directive is for the internal management of the executive

branch and is not intended to, and does not, create any right or

benefit, substantive or procedural, enforceable by a party against

the United States, its agencies or instrumentalities, its officers

or employees, or any other person.

The Director of the Office of Management and Budget is authorized

and directed to publish this directive in the Federal Register.

William J. Clinton.

-CITE-

5 USC Sec. 6121 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 61 - HOURS OF WORK

SUBCHAPTER II - FLEXIBLE AND COMPRESSED WORK SCHEDULES

-HEAD-

Sec. 6121. Definitions

-STATUTE-

For purposes of this subchapter -

(1) ''agency'' means any Executive agency, any military

department, the Government Printing Office, and the Library of

Congress;

(2) ''employee'' has the meaning given the term in subsection

(a) of section 2105 of this title, except that such term also

includes an employee described in subsection (c) of that section;

(3) ''basic work requirement'' means the number of hours,

excluding 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 biweekly

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

schedule 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 are officially ordered in advance, but does not

include credit hours;

(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; and

(8) ''collective bargaining'', ''collective bargaining

agreement'', and ''exclusive representative'' have the same

meanings given such terms -

(A) by section 7103(a)(12), (8), and (16) of this title,

respectively, in the case of any unit covered by chapter 71 of

this title; and

(B) in the case of any other unit, by the corresponding

provisions applicable under the personnel system covering this

unit.

-SOURCE-

(Added Pub. L. 97-221, Sec. 2(a)(2), July 23, 1982, 96 Stat. 227;

amended Pub. L. 101-163, title III, Sec. 312, Nov. 21, 1989, 103

Stat. 1065; Pub. L. 104-106, div. A, title X, Sec. 1041, Feb. 10,

1996, 110 Stat. 433.)

-MISC1-

AMENDMENTS

1996 - Par. (2). Pub. L. 104-106 amended par. (2) generally.

Prior to amendment, par. (2) read as follows: '' 'employee' has the

meaning given it by section 2105 of this title;''.

1989 - Par. (1). Pub. L. 101-163 inserted ''the Government

Printing Office,'' after ''military department,''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6103 of this title.

-CITE-

5 USC Sec. 6122 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 61 - HOURS OF WORK

SUBCHAPTER II - FLEXIBLE AND COMPRESSED WORK SCHEDULES

-HEAD-

Sec. 6122. Flexible schedules; agencies authorized to use

-STATUTE-

(a) Notwithstanding section 6101 of this title, each agency may

establish, 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

schedule may elect the time of such employee's arrival at and

departure from work, solely for such purpose or, if and to the

extent permitted, 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

subject 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 referred to in

section 6130(a) of this title, if the head of an agency determines

that any organization within the agency which is participating in a

program under subsection (a) is being substantially disrupted in

carrying out its functions or is incurring additional costs because

of such participation, such agency head may -

(1) restrict the employees' choice of arrival and departure

time,

(2) restrict the use of credit hours, or

(3) exclude from such program any employee or group of

employees.

-SOURCE-

(Added Pub. L. 97-221, Sec. 2(a)(2), July 23, 1982, 96 Stat. 228.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6121, 6123, 6124, 6125,

6126, 6132 of this title.

-CITE-

5 USC Sec. 6123 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 61 - HOURS OF WORK

SUBCHAPTER II - FLEXIBLE AND COMPRESSED WORK SCHEDULES

-HEAD-

Sec. 6123. Flexible schedules; computation of premium pay

-STATUTE-

(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 -

(1) the head of an agency may, on request 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 5542(a),

5543(a)(1) and section (FOOTNOTE 1) 5544(a) of this title,

section 7453(e) of title 38, section 7 of the Fair Labor

Standards Act (29 U.S.C. 207), or any other provision of law; or

(FOOTNOTE 1) So in original. The word ''section'' probably

should not appear.

(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

subsection (a)(1) of this section, an employee shall not be

entitled to be compensated 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.

(c)(1) Notwithstanding section 5545(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

for which such premium 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 nightwork 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

7453(b) of title 38, night differential will not be paid to any

employee otherwise subject to either of such sections solely

because such employee elects to work credit hours, or elects a time

of arrival or departure, at a time of day for which night

differential is otherwise authorized, except that such differential

shall be paid to an employee on a flexible schedule under this

subchapter -

(A) in the case of an employee subject to subsection (f) of

such section 5343, for which all or a majority of the hours of

such schedule for any day fall between the hours specified in

such subsection, or

(B) in the case of an employee subject to subsection (b) of

such section 7453, for which 4 hours of such schedule fall

between the hours specified in such subsection.

-SOURCE-

(Added Pub. L. 97-221, Sec. 2(a)(2), July 23, 1982, 96 Stat. 228;

amended Pub. L. 102-40, title IV, Sec. 403(c)(2), May 7, 1991, 105

Stat. 240; Pub. L. 102-378, Sec. 2(44)(D), Oct. 2, 1992, 106 Stat.

1352.)

-MISC1-

AMENDMENTS

1992 - Subsec. (a)(1). Pub. L. 102-378 substituted ''5543(a)(1)

and section 5544(a)'' for ''5543(a)(1), 5544(a), and 5550''.

1991 - Subsec. (a)(1). Pub. L. 102-40, Sec. 403(c)(2)(A),

substituted ''section 7453(e)'' for ''section 4107(e)(5)''.

Subsec. (c)(2). Pub. L. 102-40, Sec. 403(c)(2)(B), in

introductory provisions substituted ''section 7453(b)'' for

''section 4107(e)(2)'' and in subpar. (B) substituted ''subsection

(b) of such section 7453'' for ''subsection (e)(2) of such section

4107''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6121, 6130, 6132 of this

title.

-CITE-

5 USC Sec. 6124 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 61 - HOURS OF WORK

SUBCHAPTER II - FLEXIBLE AND COMPRESSED WORK SCHEDULES

-HEAD-

Sec. 6124. Flexible schedules; holidays

-STATUTE-

Notwithstanding sections 6103 and 6104 of this title, if any

employee on a flexible schedule under section 6122 of this title is

relieved or prevented from working on a day designated as a holiday

by Federal statute or Executive order, such employee is entitled to

pay with respect to that day for 8 hours (or, in the case of a

part-time employee, an appropriate portion of the employee's

biweekly basic work requirement as determined under regulations

prescribed by the Office of Personnel Management).

-SOURCE-

(Added Pub. L. 97-221, Sec. 2(a)(2), July 23, 1982, 96 Stat. 229.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6121, 6132 of this title.

-CITE-

5 USC Sec. 6125 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 61 - HOURS OF WORK

SUBCHAPTER II - FLEXIBLE AND COMPRESSED WORK SCHEDULES

-HEAD-

Sec. 6125. Flexible schedules; time-recording devices

-STATUTE-

Notwithstanding section 6106 of this title, the Office of

Personnel Management or any agency may use recording clocks as part

of programs under section 6122 of this title.

-SOURCE-

(Added Pub. L. 97-221, Sec. 2(a)(2), July 23, 1982, 96 Stat. 229.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6121, 6132 of this title.

-CITE-

5 USC Sec. 6126 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 61 - HOURS OF WORK

SUBCHAPTER II - FLEXIBLE AND COMPRESSED WORK SCHEDULES

-HEAD-

Sec. 6126. Flexible schedules; credit hours; accumulation and

compensation

-STATUTE-

(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 24 credit hours, and

a part-time employee can accumulate not more than one-fourth of the

hours in such employee's biweekly basic work requirement, for

carryover from a biweekly 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

section 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 24

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-fourth of the hours in such

employee's biweekly basic work requirement) accumulated by such

employee.

-SOURCE-

(Added Pub. L. 97-221, Sec. 2(a)(2), July 23, 1982, 96 Stat. 230.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6121, 6123, 6132 of this

title.

-CITE-

5 USC Sec. 6127 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 61 - HOURS OF WORK

SUBCHAPTER II - FLEXIBLE AND COMPRESSED WORK SCHEDULES

-HEAD-

Sec. 6127. Compressed schedules; agencies authorized to use

-STATUTE-

(a) Notwithstanding 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 Government employees has not been accorded

exclusive recognition shall not be required to participate in any

program under subsection (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.

-SOURCE-

(Added Pub. L. 97-221, Sec. 2(a)(2), July 23, 1982, 96 Stat. 230.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6121, 6132 of this title.

-CITE-

5 USC Sec. 6128 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 61 - HOURS OF WORK

SUBCHAPTER II - FLEXIBLE AND COMPRESSED WORK SCHEDULES

-HEAD-

Sec. 6128. Compressed schedules; computation of premium pay

-STATUTE-

(a) The provisions of sections 5542(a) and 5544(a) of this title,

section 7453(e) of title 38, section 7 of the Fair Labor Standards

Act (29 U.S.C. 207), 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 the applicable provisions referred to in

subsection (a) of this section. In the case of any part-time

employee on a compressed schedule, overtime pay shall begin to 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) or 5546(a) 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 who 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 provisions of section 7 of the Fair Labor

Standards Act (29 U.S.C. 207) whichever provisions are more

beneficial to the employee.

-SOURCE-

(Added Pub. L. 97-221, Sec. 2(a)(2), July 23, 1982, 96 Stat. 230;

amended Pub. L. 102-40, title IV, Sec. 403(c)(3), May 7, 1991, 105

Stat. 240; Pub. L. 102-378, Sec. 2(44)(E), Oct. 2, 1992, 106 Stat.

1352.)

-MISC1-

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-378, Sec. 2(44)(E)(i),

substituted ''5542(a) and 5544(a)'' for ''5542(a), 5544(a), and

5550(2)''.

Subsec. (c). Pub. L. 102-378, Sec. 2(44)(E)(ii), substituted

''5544(a) or 5546(a)'' for ''5544(a), 5546(a), or 5550(1)''.

1991 - Subsec. (a). Pub. L. 102-40 substituted ''section

7453(e)'' for ''section 4107(e)(5)''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6121, 6130 of this title.

-CITE-

5 USC Sec. 6129 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 61 - HOURS OF WORK

SUBCHAPTER II - FLEXIBLE AND COMPRESSED WORK SCHEDULES

-HEAD-

Sec. 6129. Administration of leave and retirement provisions

-STATUTE-

For purposes of administering sections 6303(a), 6304, 6307(a) and

(d), 6323, 6326, 6327, 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 multiples or parts thereof) contained in

such sections shall be considered to be references to 8 hours (or

to the respective multiples or parts thereof).

-SOURCE-

(Added Pub. L. 97-221, Sec. 2(a)(2), July 23, 1982, 96 Stat. 231;

amended Pub. L. 103-329, title VI, Sec. 629(a)(2)(A), (b)(2), Sept.

30, 1994, 108 Stat. 2423.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-329 substituted ''6307(a) and (d)'' for

''6307(a) and (c)'' and inserted ''6327,'' after ''6326,''.

-CITE-

5 USC Sec. 6130 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 61 - HOURS OF WORK

SUBCHAPTER II - FLEXIBLE AND COMPRESSED WORK SCHEDULES

-HEAD-

Sec. 6130. Application of programs in the case of collective

bargaining agreements

-STATUTE-

(a)(1) In the case of employees in a unit represented by an

exclusive representative, any flexible or compressed work schedule,

and the establishment and termination of any such schedule, shall

be subject to the provisions of this subchapter and the terms of a

collective bargaining agreement between the agency and the

exclusive representative.

(2) Employees within a unit represented by an exclusive

representative shall not be included within any program under this

subchapter except to the extent expressly provided under a

collective bargaining agreement between the agency and the

exclusive representative.

(b) An agency may not participate in a flexible or compressed

schedule program under a collective bargaining agreement which

contains premium pay provisions which are inconsistent with the

provisions of section 6123 or 6128 of this title, as applicable.

-SOURCE-

(Added Pub. L. 97-221, Sec. 2(a)(2), July 23, 1982, 96 Stat. 231.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6122 of this title.

-CITE-

5 USC Sec. 6131 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 61 - HOURS OF WORK

SUBCHAPTER II - FLEXIBLE AND COMPRESSED WORK SCHEDULES

-HEAD-

Sec. 6131. Criteria and review

-STATUTE-

(a) Notwithstanding the preceding provisions of this subchapter

or any collective bargaining agreement and subject to subsection

(c) of this section, if the head of an agency finds that a

particular flexible or compressed schedule under this subchapter

has had or would have an adverse agency impact, the agency shall

promptly determine not to -

(1) establish such schedule; or

(2) continue such schedule, if the schedule has already been

established.

(b) For purposes of this section, ''adverse agency impact'' means

-

(1) a reduction of the productivity of the agency;

(2) a diminished level of services furnished to the public by

the agency; or

(3) an increase in the cost of agency operations (other than a

reasonable administrative cost relating to the process of

establishing a flexible or compressed schedule).

(c)(1) This subsection shall apply in the case of any schedule

covering employees in a unit represented by an exclusive

representative.

(2)(A) If an agency and an exclusive representative reach an

impasse in collective bargaining with respect to an agency

determination under subsection (a)(1) not to establish a flexible

or compressed schedule, the impasse shall be presented to the

Federal Service Impasses Panel (hereinafter in this section

referred to as the ''Panel'').

(B) The Panel shall promptly consider any case presented under

subparagraph (A), and shall take final action in favor of the

agency's determination if the finding on which it is based is

supported by evidence that the schedule is likely to cause an

adverse agency impact.

(3)(A) If an agency and an exclusive representative have entered

into a collective bargaining agreement providing for use of a

flexible or compressed schedule under this subchapter and the head

of the agency determines under subsection (a)(2) to terminate a

flexible or compressed schedule, the agency may reopen the

agreement to seek termination of the schedule involved.

(B) If the agency and exclusive representative reach an impasse

in collective bargaining with respect to terminating such schedule,

the impasse shall be presented to the Panel.

(C) The Panel shall promptly consider any case presented under

subparagraph (B), and shall rule on such impasse not later than 60

days after the date the Panel is presented the impasse. The Panel

shall take final action in favor of the agency's determination to

terminate a schedule if the finding on which the determination is

based is supported by evidence that the schedule has caused an

adverse agency impact.

(D) Any such schedule may not be terminated until -

(i) the agreement covering such schedule is renegotiated or

expires or terminates pursuant to the terms of that agreement; or

(ii) the date of the Panel's final decision, if an impasse

arose in the reopening of the agreement under subparagraph (A) of

this paragraph.

(d) This section shall not apply with respect to flexible

schedules that may be established without regard to the authority

provided under this subchapter.

-SOURCE-

(Added Pub. L. 97-221, Sec. 2(a)(2), July 23, 1982, 96 Stat. 231.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6103 of this title.

-CITE-

5 USC Sec. 6132 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 61 - HOURS OF WORK

SUBCHAPTER II - FLEXIBLE AND COMPRESSED WORK SCHEDULES

-HEAD-

Sec. 6132. Prohibition of coercion

-STATUTE-

(a) An employee may not directly or indirectly intimidate,

threaten, or coerce, or attempt to intimidate, threaten, or coerce,

any other employee for the purpose of interfering with -

(1) such employee's rights under sections 6122 through 6126 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

compensatory 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

determination under section 6127(b)(2) of this title.

(b) For the purpose of subsection (a), the term ''intimidate,

threaten, or coerce'' includes, but is not limited to, promising to

confer or conferring any benefit (such as appointment, promotion,

or compensation), or effecting or threatening to effect any

reprisal (such as deprivation of appointment, promotion, or

compensation).

-SOURCE-

(Added Pub. L. 97-221, Sec. 2(a)(2), July 23, 1982, 96 Stat. 232.)

-CITE-

5 USC Sec. 6133 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart E - Attendance and Leave

CHAPTER 61 - HOURS OF WORK

SUBCHAPTER II - FLEXIBLE AND COMPRESSED WORK SCHEDULES

-HEAD-

Sec. 6133. Regulations; technical assistance; program review

-STATUTE-

(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 establishing and maintaining programs under this subchapter.

(2) In order to provide the most effective materials, aids, and

assistance under paragraph (1), the Office shall conduct periodic

reviews of programs established by agencies under this subchapter

particularly insofar as such programs may affect -

(A) the efficiency of Government operations;

(B) mass transit facilities and traffic;

(C) levels of energy consumption;

(D) service to the public;

(E) increased opportunities for full-time and part-time

employment; and

(F) employees' job satisfaction and nonworklife.

(c)(1) With respect to employees in the Library of Congress, the

authority granted to the Office of Personnel Management under this

subchapter shall be exercised by the Librarian of Congress.

(2) With respect to employees in the Government Printing Office,

the authority granted to the Office of Personnel Management under

this subchapter shall be exercised by the Public Printer.

-SOURCE-

(Added Pub. L. 97-221, Sec. 2(a)(2), July 23, 1982, 96 Stat. 233;

amended Pub. L. 101-163, title III, Sec. 312, Nov. 21, 1989, 103

Stat. 1065.)

-MISC1-

AMENDMENTS

1989 - Subsec. (c). Pub. L. 101-163 designated existing

provisions as par. (1) and added par. (2).

-CITE-