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Notes

5 U.S.C. §§ 6122–6126

5 sections in range

§6122. Flexible schedules; agencies authorized to use

5 U.S.C. § 6122

(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.
Notes, amendments, and revision history

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

§6123. Flexible schedules; computation of premium pay

5 U.S.C. § 6123

(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 section1 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
(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.

Footnotes

  1. 1 So in original. The word “section” probably should not appear.
Notes, amendments, and revision history

(Added Pub. L. 97–221, § 2(a)(2), July 23, 1982, 96 Stat. 228; amended Pub. L. 102–40, title IV, § 403(c)(2), May 7, 1991, 105 Stat. 240; Pub. L. 102–378, § 2(44)(D), Oct. 2, 1992, 106 Stat. 1352.)

Editorial Notes

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, § 403(c)(2)(A), substituted “section 7453(e)” for “section 4107(e)(5)”.

Subsec. (c)(2). Pub. L. 102–40, § 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”.

§6124. Flexible schedules; holidays

5 U.S.C. § 6124

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).
Notes, amendments, and revision history

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

§6126. Flexible schedules; credit hours; accumulation and compensation

5 U.S.C. § 6126

(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.
Notes, amendments, and revision history

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