what is travel comp

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Overtime, Comp Time, and Credit Hours

This Handbook page provides a brief overview of overtime, comp time, and credit hours.

There are several factors which affect how you could be compensated for working extra hours. One is your salary: if your salary is at - or close to - the maximum GS salary ($183,500 in FY23). Another factor is whether you are an , external, exempt or non-exempt employee .

You should obtain supervisor approval prior to working extra hours. And, your supervisor should understand your specific situation prior to approving overtime.

The guidance below is only a high level overview. You and/or your supervisor can reach out to PeopleOps anytime with questions about your specific situation.

Overtime and Comp Time

Overtime and comp time can be approved by your supervisor no matter what type of work schedule you have.

Overtime is when you are paid for extra hours that you work, whereas comp time is when you receive hours of leave instead of pay. To determine the maximum number of comp time hours that you can accrue per pay period, please use the , external, TTS-only, Bi-weekly Comp Time Cap Calculator .

You should use your accrued comp time before using Annual Leave. However, if the end of the leave year is approaching, your supervisor can approve your Annual Leave requests first if you are in danger of losing Annual Leave because of “ Use or Lose .”

Comp time expires one year (26 pay periods) after it is earned. When you reach the expiration date, you will forfeit the leave. If you leave GSA, your comp time will be paid out.

Credit Hours

Note: Credit hours are only available if you are on a flexible work schedule .

You can be approved for credit hours if you want to voluntarily work additional hours to your normal/approved schedule. If you are required to work additional hours, you will receive overtime or comp time.

• You can have up to 24 credit hours accrued, at any given time.
• The hours will rollover from one pay period to the next, and they never expire.
• Credit hours cannot be converted to cash, unless you leave GSA (then they will be paid out).

Credit hours example

You are on a Gliding schedule , and you work 8 hours every day. You are not required to stay late, but if you are in a productive headspace and want to work an extra hour to finish work, you can ask your supervisor about working 1 more hour, therefore receiving 1 credit hour. You will need to request the 1 hour in HR Links, and your supervisor will need to approve it.

Religious comp time

You can request an adjustment to your work schedule for religious observances, instead of taking leave. Document your request to your supervisor, via email, in advance of the time you’ll need to miss, along with the schedule of the time you will work outside of normal hours to compensate.

Note: religious comp time does not follow the salary cap rules that are outlined in the beginning of this document. Anyone can request religious comp time, regardless of their salary and what type of work schedule they are on.

Travel comp time

When you travel in connection to TTS, the time you spend traveling may be regular time, overtime, or travel comp time, depending on when the travel occurs.

You’ll complete overtime and comp time requests after you travel because you may encounter delays. Keep a copy of your travel itinerary to help you remember your trip.

Refer to the , external, TTS-only, Compensation for Government Travel slidedeck to determine the breakdown of your hours. This slidedeck is only open to GSA employees. Please contact your Timekeeper or an HR Specialist at your agency with questions.

Note: travel comp time does not follow the salary cap rules that are outlined in the beginning of this document. Anyone can request travel comp time, regardless of their salary and what type of work schedule they are on.

Travel comp time expires one year (26 pay periods) after it is earned. When you reach the expiration date, you will forfeit the leave. If you leave GSA, any unused travel comp time will be forfeited.

Entering the overtime, comp time, and/or credit hours you will be working into HRLinks

Entering your hours is a two step process.

Step 1 - Submit a time request in HRLinks

You need to enter your overtime, comp time, or credit hours into HRLinks. To determine the maximum number of comp time hours that you can accrue per pay period, please use the , external, TTS-only, Bi-weekly Comp Time Cap Calculator . Your supervisor will be notified to approve the hours requested.

• Go to the Employee Time Requests tile
• Select Additional Time Requests
• For Comp Time : the default selection is regular Comp Time. To switch to Religious or Travel Comp Time, click on the Additional Time Type dropdown menu.
• For Overtime : you will need to select a reason you worked overtime.
• Enter Start Date and End Date
• Enter Requested Hours
• Enter Comments
• Click Submit

You’ll receive emails after submitting the request, and after it is approved. There is a , external, TTS-only, step-by-step guide to submitting time requests .

Step 2 - Update your timesheet

Currently, HR Links is not connecting Comp/Credit/Overtime hours to your timesheet. This means you will need to manually add the hours you earned to your timesheet on the day(s) when you earned them. You’ll do this after your supervisor has approved the hours in step 1.

There is a , external, TTS-only, step-by-step guide on adding the hours to your timesheet . Reach out to , external, TTS-only, #people-ops if you need assistance.

Using the comp time and/or credit hours you’ve earned

You will submit a leave request , just like you do for other types of leave. When searching in HR Links for the leave type to request, the codes and leave names are:

• 041 - Comp Time Used
• 037 - Credit Hours Used
• 047 - Religious Comp Time Used
• 043 - Travel Comp Time Used

OPM Resources

• , external, Adjustment of Work Schedules for Religious Observances
• , external, Overtime Fact Sheet
• , external, Comp Time Fact Sheet
• , external, Credit Hours Fact Sheet

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Under the FLSA, when must nonexempt employees be paid for travel time?

The Fair Labor Standards Act (FLSA) regulations require employers to pay for travel time in some circumstances. Generally, time spent traveling is compensable, unless it is normal home-to-work commute time, or when travel requires an overnight stay and the time spent traveling as a passenger falls outside of the employee's normal work hours.

When pay is required, the time spent traveling is considered hours worked and must be included when determining overtime pay obligations. 

Home-to-work travel. Normal commuting time to an employee's regular worksite is not treated as hours worked under the FLSA.

Home to work on a special one-day assignment in another city . When an employee must travel out of town for work but returns home the same day, all the time spent traveling during the day is compensable, regardless of the employee's regular work hours. However, an employer may deduct the time the employee would have spent commuting to his or her regular work location.

Travel that is all in a day's work. Time spent traveling to and from different worksites during the day is work time and must be paid.

Travel away from home. When travel requires an overnight stay, any time traveling as a passenger that falls within the employee's normal work hours is compensable, regardless of what day of the week the travel takes place. Time spent traveling to an airport terminal or train station is considered commute time and is not treated as hours worked, but the time spent waiting at the terminal until arrival at the destination is compensable when it falls during normal work hours.

For example, if Meg normally works Monday through Friday, 8:30 a.m. to 5 p.m., and she is required to travel by plane on a Sunday for business in another state, her travel time on Sunday between 8:30 a.m. and 5 p.m. is compensable.

So, if Meg arrives at the airport on Sunday at 3 p.m. and at her destination at 8 p.m., the employer is required to pay her only from 3 p.m. to 5 p.m., the hours that correspond with her normally scheduled work hours.

Alternatively, if Meg drives herself or others at the direction of the employer rather than traveling as a passenger, all the time spent driving is compensable work time, regardless of Meg's normal work hours.

Driving at the direction of the employer . When employees are required to drive themselves or others, all driving time is compensable. However, when an employee is traveling to an overnight stay and has the option to use public transportation (i.e., airplane, train, bus, etc.) but chooses to drive his or her own vehicle instead, the employer can either choose to pay for all time spent traveling or pay only the travel time that occurs during normal work hours, regardless of what day of the week the employee travels (CFR 785.40). If an employee volunteers to drive others in his or her own vehicle to the overnight stay, an employee's time could be unpaid for those travel hours outside the normal work hours.

Worked performed while traveling. An employee must be paid for any time he or she is performing work. This includes time spent working during travel as a passenger that would otherwise be non-compensable.

For example, Meg normally works Monday through Friday, 8:30 a.m. to 5 p.m. She arrives at the airport on Sunday at 3 p.m. and at her destination at 8 p.m. Generally, the employer is required to pay her only from 3 p.m. to 5 p.m.; however, if Meg works on a presentation during her flight until 6:30 p.m., her employer would need to pay her from 3 p.m. to 6:30 p.m.

Some states have travel-time laws that are more generous than the federal FLSA.  

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5 CFR Subpart N - Subpart N—Compensatory Time Off for Travel

• § 550.1401 Purpose.
• § 550.1402 Coverage.
• § 550.1403 Definitions.
• § 550.1404 Creditable travel time.
• § 550.1405 Crediting compensatory time off.
• § 550.1406 Use of accrued compensatory time off.
• § 550.1407 Forfeiture of unused compensatory time off.
• § 550.1408 Prohibition against payment for unused compensatory time off.
• § 550.1409 Inapplicability of premium pay and aggregate pay caps.

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Travel Time

Time spent traveling during normal work hours is considered compensable work time. Time spent in home-to-work travel by an employee in an employer-provided vehicle, or in activities performed by an employee that are incidental to the use of the vehicle for commuting, generally is not "hours worked" and, therefore, does not have to be paid. This provision applies only if the travel is within the normal commuting area for the employer's business and the use of the vehicle is subject to an agreement between the employer and the employee or the employee's representative.

Webpages on this Topic

Handy Reference Guide to the Fair Labor Standards Act - Answers many questions about the FLSA and gives information about certain occupations that are exempt from the Act.

Coverage Under the Fair Labor Standards Act (FLSA) Fact Sheet - General information about who is covered by the FLSA.

Wage and Hour Division: District Office Locations - Addresses and phone numbers for Department of Labor district Wage and Hour Division offices.

State Labor Offices/State Laws - Links to state departments of labor contacts. Individual states' laws and regulations may vary greatly. Please consult your state department of labor for this information.

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Travel Comp Time Rules Published

Interim rules effective January 28 carry out legislation enacted last year authorizing federal employees to get compensatory time off for time they spend traveling for official purposes during off-duty hours. Qualifying time includes not only the time spent in transit but also “usual waiting time” such as time used when arriving early for a flight. The time will accrue in increments of six or 15 minutes and will have to be used within 26 pay periods of being earned. There are some limited situations in which employees traveling on their own time are paid; in those cases, the individual would not receive both pay and comp time. The rules also spell out what is considered travel time and reaffirm that comp time cannot be converted to cash.

TSP Returns Summary

Source: TSP.gov

UNCLASSIFIED (U)

compensatory time off for travel

(CT:PER-1131;   05-26-2023) (Office of Origin:  GTM/OTA)

3 FAM 3171  Authorities

(CT:PER-751;   10-30-2014) (State Only) (Applies to Civil Service and Foreign Service Employees)

Authorities are authorized by the following:

·          5 U.S.C. 5550b

·          5 CFR Part 550, subpart N; and

·          The Foreign Service Act of 1980, Section 412, as amended.

3 FAM 3172  Introduction

(CT:PER-869;   08-28-2017) (State Only) (Applies to Civil Service and Foreign Service Employees)

The Federal Workforce Flexibility Act of 2004 (Public Law 108-411, Section 203, October 30, 2004) established a new form of non-monetary compensatory time off for time spent by an employee in a travel status when such time is not otherwise compensable (i.e., when the travel is not during regular duty hours or otherwise considered hours of work).  This provision is codified in 5 U.S.C. 5550b.  Individual offices do not have the discretion to deny an employee compensatory time off for travel if it has been earned and applied in accordance with Department policy.  Compensatory time off for travel is non-monetary and if not used prior to its expiration, never converts to cash.

3 FAM 3173  Eligibility

(CT:PER-992;   05-20-2020) (State Only) (Applies to Civil Service and Foreign Service Employees)

a. Compensatory time off for travel may be earned by:

(1)  An American direct-hire employee as defined in 5 U.S.C. 5541(2);

(2)  Part-time employees may be entitled to compensatory time off for travel if the time in travel status does not qualify as compensable hours of work under 5 U.S.C. 5542(b)(2)(B) and 5 CFR 550.112(g)(2), and meets the other requirements in 5 CFR 550, subpart N;

(3)  Tenured Foreign Service Officers class FS-01 and below under the Foreign Service Act of 1980, as amended; effective October 23, 2007;

(4)  Wage grade (prevailing rate) employees under the provisions codified in 5 U.S.C. 5550b and 5 CFR 550, subpart N; effective April 27, 2008; and

(5)  Eligibility of locally employed staff depends on local labor law and how the employee was hired.  If the locally employed staff member is appointed under the Foreign Service Act of 1980, as amended, the employee may be eligible.  If the locally employed staff member is hired under a personal services agreement, local labor law prevails.  The office of Overseas Employment Compensation Management Division (GTM/OE/CM) may be contacted for further information.

b. Compensatory time off for travel may NOT be earned by:

(1)  Members of the Senior Executive Service;

(2)  Members of the Senior Foreign Service;

(3)  Executive Schedule employees; or

(4)  Employees on an intermittent schedule.

3 FAM 3174  Determining Eligible Time in Travel Status

a. To be creditable under this provision, travel must be officially authorized.  The travel must be for work purposes and must be approved by an authorized Department official or under established Department policies.  Examples of eligible travel would be for performing official work at another duty station, attending an official conference, or attending official training.

b. Compensatory time off for travel may only be earned for time in an official travel status away from an employee’s official duty station when such time is not otherwise compensable as regular duty pay or premium compensation.  For Fair Labor Standards Act (FLSA), exempt employees, compensable refers to periods of time creditable as hours of work for the purpose of determining a specific pay entitlement.  For FLSA non-exempt employees, please see 5 CFR 551.422.

c.  Eligible Time in Official Travel Status includes:

(1)  Time spent traveling between the official duty station and a temporary duty station;

(2)  Time spent traveling between two temporary duty stations;

(3)  The usual waiting time preceding or interrupting such travel.  The usual waiting time for domestic flights may not exceed two hours, and for overseas flights may not exceed three hours.  Extended waiting time is not creditable; or

(4)  Time in travel status ends when the employee arrives at the temporary duty worksite or lodging in the temporary duty station, wherever the employee arrives first.  Time in travel status resumes when an employee departs from the temporary duty worksite or lodging in the temporary duty station, from whichever the employee departs last.

d. Time that is NOT eligible:

(1)  Travel for the purpose of permanent change of station, temporary change of station, home leave, rest and recuperation travel, family visitation travel, regional rest breaks, medical evacuation, emergency visitation travel, and post evacuations are not considered time in official travel status for the purpose of earning comp time off for travel;

(2)  An extended waiting period is not considered time in official travel status and is not creditable.  An example of extended waiting periods include: flight delays or cancelations due to weather issues, mechanical problems, airline administrative problems, etc.;

(3)  Regular duty hours of work; and

(4)  Hours of travel time that are otherwise compensable hours of work under the overtime pay provisions in 5 CFR 550.112(g) or 5 CFR 551.422.

e. Reference 5 CFR 551.422 states for non-exempt employees, time spent traveling must be considered compensable hours of work if:

(1)  The official travel occurs during the employee's regular working hours;

(2)  The employee is required to drive or perform other work as part of the official travel;

(3)  An employee is required to travel as a passenger on a one-day assignment away from the official duty station location; or

(4)  The employee is required to travel as a passenger overnight away from the official duty station location and the official travel occurs on a non-workday during hours that correspond to the employee's regular working hours.

3 FAM 3175  Factors That Influence Compensatory Time Off for Travel

3 FAM 3175.1  Time Zones

When an employee’s travel involves two or more time zones, the time zone from the point of first departure must be used to determine how many hours (elapsed time) the employee actually spent in a travel status for the purpose of accruing compensatory time off for travel.  For example, if an employee departs from Tokyo, going to FSI for training, the employee calculates the trip based on the Tokyo time zone.  Likewise, the return trip is calculated on the Washington, DC time zone since it now is the point of first departure.

3 FAM 3175.2  Modes of Transportation

a. In the case of an employee who is offered one mode of transportation (i.e., flying) and who is permitted to use an alternate mode of transportation (i.e., train or POV), or who travels at a time or by a route other than that selected by the Department, the agency MUST determine the estimated amount of time in a travel status the employee would have had if the employee had used the mode of transportation offered by the Department or traveled at the time or by the route selected by the Department.  For example, if the flight time is two hours but the travel by train takes six hours, the employee is only eligible to request two hours as creditable for comp time off for travel.  The fact that one mode of transportation may save the Department money has no bearing on the amount of comp time off for travel that an employee earns.

b. Employees who take an approved/authorized rest break during their travel that causes the compensatory time off for travel eligibility to change from what would have been available for the most direct route are ONLY authorized to claim the amount of time that would have been earned had the rest break not been taken.

c.  The class of accommodation, such as business class, does not influence whether the time in travel status is compensable.  Allowing an employee to upgrade travel to business class does not eliminate an employee’s eligibility to earn compensatory time off for travel.

3 FAM 3175.3  Meals

It is no longer required that an employee deduct the bona fide meal periods during travel time or waiting time.

3 FAM 3175.4  Change of Administrative Work Week

An agency may NOT adjust the regularly scheduled administrative work week that normally applies to an employee (full-time or part-time) solely for the purpose of including planned travel time that would not otherwise be considered compensable hours of work.  For example, if an employee is required to travel on a Saturday, which is normally a day off, the supervisor cannot change the administrative work week to be Tuesday through Saturday, making Saturday a compensable day and thus making that day ineligible for compensatory time off for travel.

3 FAM 3175.5  Commuting Time

a. Travel outside of regular working hours to or from a transportation terminal (airport, train, etc.) within the limits of the employee’s official duty station is considered equivalent to commuting time and is not creditable travel time.

b. Travel outside of regular working hours between an employee’s home and a temporary duty station or transportation terminal outside the limits of the employees duty station is considered creditable travel time.  However, the Department must deduct the employee’s normal home-to-work/work-to-home commuting time from the creditable travel time.

c.  A mileage radius no greater than 50 miles applies to determine whether an employee's travel is within or outside the limits of the employee's official duty station.  See 5 CFR 550.112(j).

3 FAM 3176  Recording and Use of Compensatory Time off For Travel

(CT:PER-1131;   05-26-2023) (State Only) (Applies to Civil Service and Foreign Service Employees)

a. Fifteen (15) Minute Increments: Compensatory time off for travel is credited and used in increments of 15 minutes.

b. Thirty (30) day Limit for Requesting Credit: The Department requires employees to submit credit requests, in writing, to their supervisor with specific times, justification, and itineraries, within 30 days of completion of eligible official travel.  This request should be accompanied by Form DS-5106, Compensatory Time Off for Travel worksheet.  Requests for compensatory time off for travel that are submitted more than 30 days after the last day of travel will be denied.

c.  Documenting Compensatory Time Off for Travel on Cuff Records and TATEL: The Department’s pay system will not accommodate the specialized compensatory time off for travel category; and, as a result, timekeepers are required to keep paper records of the compensatory time off for travel earned by each individual using a separate ledger ( 3 FAM Exhibit 3176) ;

(1)  Compensatory time off for travel is not recorded in the TATEL system, though comp time off for travel used will be recorded in TATEL;

(2)  Time used should be entered in TATEL as “XA” with a notation “compensatory time off for travel”;

(3)  Timekeepers should keep a copy of the Form DS-7100, Request for Leave or Approved Absence with the paper record of compensatory time off for travel earned and subtract the time used;

(4)  Regulations require that time is charged in a chronological manner, i.e., first-in, first-out; and

(5)  These are official records and must be maintained by each individual office.

d. Time Limit for Using Compensatory Time Off for Travel: Compensatory time off for travel must be used within 26 pay periods from the time the eligible compensatory time off for travel is earned.  Otherwise it is forfeited.  Exceptions may be granted:

(1)  If the employee with unused compensatory time off for travel separates;

(2)  The employee is placed in a leave without pay status to perform service in the uniformed service (as defined in 38 U.S.C. 4303 and 5 CFR 353.102) and later returns to service through the exercise of a re-employment right provided by law, Executive Order, or regulation;

(3)  An on-the-job injury with entitlement to compensation under 5 U.S.C. chapter 81 and later recovers sufficiently to return to work; or

(4)  An exigency of the service beyond the employee’s control and an authorized Department official, has sole discretion, to extend the time limit for using such compensatory time off for travel, not to exceed an additional 26 pay periods.

e. Scheduling and Using Accrued Compensatory Time Off for Travel: Employees must request permission from their supervisor via Form DS-7100 , Request for Leave or Approved Absence , to schedule the use of accrued compensatory time off for travel.  Earned compensatory time off for travel must be charged on a first-in, first-out (chronological) basis.

f.  Use of Compensatory Time Off for Travel While in Official Travel Status: In accordance with 5 CFR 550.1406, employees must request permission to schedule the use of accrued compensatory time off for travel in accordance with agency-established policies and procedures.  Department policy states that employees will not be authorized to use compensatory time off for travel in the same trip in which it is earned.

3 FAM 3177  Transfer Within the Department

Compensatory time off for travel may be transferred to another office within the Department, unless the employee moves to a federal position that is covered by the compensatory time off for travel regulations, pursuant to 5 CFR 550.1407(d).  The losing timekeeper must provide complete copies of the employee's compensatory time for travel to the gaining timekeeper.  This includes a copy of the authorized approval memo, the paper ledger recording time earned and used, and the current balance with the forfeiture dates.

3 FAM 3178  Forfeiture

Compensatory time off for travel is forfeited:

(1)  Except as provided in 3 FAM 3176 (d), if not used by the end of the 26th pay period during which it was earned.  NOTE: The 26 pay periods run from the time travel was completed, not from the time it was credited;

(2)  Upon voluntary transfer to another agency;

(3)  Upon movement to a non-covered position, or if there is a change in employee status, such as intermittent or promotion to SFS/SES; or

(4)  Except as provided in 3 FAM 3176 (d), upon separation from the federal government.

3 FAM 3179  Compensatory Time Off for Travel is NOT Premium Pay

a. Under no circumstances may an individual receive monetary compensation for any unused compensatory time off for travel the employee has earned.

b. Accrued compensatory time off for travel is not considered in applying the premium pay cap limitations established under 5 U.S.C. 5547 and 5 CFR 550.105 through 550.107, or the aggregate limitation on pay established under 5 U.S.C 5307 and 5 CFR 530, subpart B.

3 FAM Exhibit 3176   Compensatory Time Off For Travel Record of Hours Earned and Used

(CT:PER-751;   10-30-2014)

_____________________________

Traveler’s Name

Approver/Supervisor’s Name

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Compensatory Time Off

Fact sheet: compensatory time off, description.

Compensatory time off is

• Time off with pay in lieu of overtime pay for irregular or occasional overtime work, or
• When permitted under agency flexible work schedule programs, time off with pay in lieu of overtime pay for regularly scheduled or irregular or occasional overtime work.

Employee Coverage

Compensatory time off may be approved in lieu of overtime pay for irregular or occasional overtime work for both FLSA exempt and nonexempt employees who are covered by the definition of "employee" at 5 U.S.C. 5541(2).

Compensatory time off can also be approved for a "prevailing rate employee," as defined at 5 U.S.C. 5342(2), but there is no authority to require that any prevailing rate (wage) employee be compensated for irregular or occasional overtime work by granting compensatory time off.

Compensatory time off may be approved (not required) in lieu of regularly scheduled overtime work only for employees, including wage employees, who are ordered to work overtime hours under flexible work schedules. See 5 U.S.C. 6123(a)(1).

Agencies may require that an FLSA exempt employee (as defined at 5 U.S.C. 5541(2)) receive compensatory time off in lieu of overtime pay for irregular or occasional overtime work, but only for an FLSA exempt employee whose rate of basic pay is above the rate for GS-10, step 10. No mandatory compensatory time off is permitted for wage employees or in lieu of FLSA overtime pay.

Time Limits

Flsa-exempt employees.

An FLSA-exempt employee must use accrued compensatory time off by the end of the 26th pay period after the pay period during which it was earned.

An agency may provide that an FLSA-exempt employee who (1) fails to take earned compensatory time off within 26 pay periods or (2) transfers to another agency or separates from Federal service before the expiration of the 26 pay period time limit-

• Receive payment for the unused compensatory time off at the overtime rate in effect when earned or
• Forfeit the unused compensatory time off, unless failure to use the compensatory time off is due to an exigency of the service beyond the employee's control. (An FLSA-exempt employee whose earned compensatory time off would otherwise be forfeited due to an exigency of service beyond the employee's control must receive payment for the unused compensatory time off at the overtime rate in effect when earned.)

FLSA-nonexempt employees

An FLSA-nonexempt employee must use accrued compensatory time off by the end of the 26th pay period after the pay period during which it was earned.

If accrued compensatory time off is not used by an FLSA-nonexempt employee within 26 pay periods or if the FLSA-nonexempt employee transfers to another agency or separates from Federal service before the expiration of the 26 pay period time limit, the employee must be paid for the earned compensatory time off at the overtime rate in effect when earned.

Separation or leave without pay status due to service in the uniform service or on-the-job injury

An FLSA-exempt or nonexempt employee must be paid for compensatory time off not used by the end of the 26th pay period after the pay period during which it was earned at the overtime rate in effect when earned if the employee is unable to use the compensatory time off because of separation or placement in a leave without pay status (1) to perform service in the uniformed services or (2) because of an on-the-job injury with entitlement to injury compensation under 5 U.S.C. chapter 81.

Compensatory time off to an employee's credit as of May 14, 2007

See 5 CFR 550.114(e) and 551.531(e) for special rules regarding the administration of compensatory time off to an employee's credit as of May 14, 2007.

1 hour of compensatory time off is granted for each hour of overtime work.

Questions and Answers on Compensatory Time Off in Lieu of Overtime Pay

FLSA-exempt employees earn compensatory time off in lieu of title 5 overtime pay under 5 U.S.C. 5542 and 5 CFR 550.113, and are subject to OPM's compensatory time off regulations at 5 CFR 550.114. FLSA-nonexempt employees earn compensatory time off in lieu of overtime pay under section 7 of the FLSA (29 U.S.C. 207) and 5 CFR 551.501, and are subject to OPM's compensatory time off regulations at 5 CFR 551.531. Both 5 CFR 550.114 and 5 CFR 551.531 are derived from the statutory authority governing compensatory time off in 5 U.S.C. 5543 and, for employees under flexible work schedules, 5 U.S.C. 6123(a)(1). An employee's unused compensatory time off is subject to the regulations under which it was earned, regardless of the employee's current FLSA exemption status.

Example: An employee earns 16 hours of compensatory time off under 5 CFR 551.531 in lieu of FLSA overtime pay while employed in an FLSA-nonexempt position.

The employee is promoted to an FLSA-exempt position 6 months later, but does not use the 16 hours of compensatory time off within 26 pay periods after the pay period during which it was earned. As provided by 5 CFR 551.531(d), the employee must be paid for the 16 hours of unused compensatory time off at the overtime rate in effect when earned. The employee is entitled to receive payment for the compensatory time off even if the employing agency's policy under 5 CFR 550.114(d) is to require forfeiture of compensatory time off earned in lieu of title 5 overtime pay if the compensatory time off is not taken within 26 pay periods.

Agencies must provide payment for, or require forfeiture of, compensatory time off under the conditions set forth in 5 CFR 550.114(d)-(f) and 5 CFR 551.531(d)-(f), as applicable. The general rule is that accrued compensatory time off must be liquidated (i.e., paid) or forfeited (as applicable under agency policies) if not used by the end of the 26th pay period after the pay period during which it was earned. Exceptions to the general rule relate to the following circumstances: (1) the 3-year grandfathering period for any compensatory time off to an employee's credit as of May 14, 2007, which must be used by the end of the pay period ending 3 years after May 14, 2007; (2) transfer to another agency; (3) separation from Federal service; and (4) separation or placement in a leave without pay status in connection with service in the uniformed services or entitlement to workers' compensation based on an on-the-job injury. (When exception #4 applies, the employee must be paid for the unused compensatory time off; forfeiture is not an option.)

• What entities are considered an "agency" for the purpose of triggering the payment/forfeiture of unused compensatory time off at the time of transfer to another agency? View more For the purposes of the compensatory time off regulations, the term "agency" is defined under 5 CFR 550.103 to mean a department (as defined in this section) and a legislative or judicial branch agency which has positions subject to subchapter V (Premium Pay) of chapter 55 of title 5, U.S. Code. The term "department" is defined under 5 CFR 550.103 to mean an executive agency and a military department. (See 5 U.S.C. 101-105 and 5541(1).) Since the military departments (Army, Navy, and Air Force) have standing as separate agencies, the rest of the Department of Defense as a group is treated as a separate agency.

Yes. Agencies are required to provide payment for accrued compensatory time off under the conditions set forth in 5 CFR 550.114 and 5 CFR 551.531. However, an agency has discretionary authority to provide payment for accrued compensatory time off in other circumstances. This discretionary authority should be exercised by issuing formal policies so that employees are treated consistently.

Additional situations in which an agency may choose to provide for payment of compensatory time off include, but are not limited to, the following:

Example 1: A Federal employee moves to a position with a different FLSA exemption status (i.e., from an FLSA-nonexempt position to an FLSA-exempt position or vice versa).

An employee moving to a position within the same agency that has a different FLSA exemption status may have his or her compensatory time off balance paid out according to that agency's policy at the time of his or her change in exemption status. Alternatively, an agency may choose to maintain that employee's compensatory time off after a change in FLSA exemption status, subject to the regulations under which the compensatory time off was earned. (Under this latter alternative, the agency must maintain separate balances for compensatory time off earned under 5 CFR 551.531 in lieu of FLSA overtime pay versus compensatory time off earned under 5 CFR 550.114 in lieu of title 5 overtime pay.)

Example 2: An employee transfers to another component within the same agency.

The agency may choose to provide payment for compensatory time off when a Federal employee transfers to another component within the same agency. Conversely, the agency may allow the employee to maintain his or her compensatory time off balance in the new position, subject to the regulations under which it was earned. (See A3 for information on the definition of "agency" for this purpose.)

Example 3: An employee is placed in a Senior Executive Service (SES) position.

Each agency should establish policies governing the handling of accrued compensatory time off for an employee who is placed in an SES position and thus no longer covered by 5 U.S.C. 5543. The agency may choose to (1) provide payment for any balance of compensatory time off accrued before placement in the SES position at the rate at which it was earned; or (2) allow the employee to use the accrued compensatory time off while in the SES position, subject to the normal time limits established in OPM regulations.

• May an agency require an employee to forfeit unused compensatory time off under circumstances in addition to those identified in OPM regulations? View more An agency may require an employee to forfeit legitimately earned compensatory time off only under the circumstances identified in OPM regulations. An agency may not establish a policy requiring an employee to forfeit unused compensatory time off earned under 5 CFR 550.114 in lieu of title 5 overtime pay in circumstances not identified in that section. An agency may not require an employee to forfeit compensatory time off earned under 5 CFR 551.531 in lieu of FLSA overtime pay under any circumstances.
• 5 U.S.C. 5543 and 5 U.S.C. 6123(a)(1)
• 5 CFR 550.114 and 551.531
• Comptroller General opinions: B-183751, October 3, 1975, and
• October 19, 1976; 58 Comp. Gen. 1 (1978)
• Section 1610 of Public Law 104-201, the National Defense Authorization Act, 1997

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