---
kind: "range"
citation: "5 U.S.C. §§ 6122–6126"
title: "5"
from: "6122"
to: "6126"
count: 5
release: "119-102"
url: "https://uscodex.org/usc/5/6122..6126"
---

# §6122. Flexible schedules; agencies authorized to use

- (a) Notwithstanding [section 6101 of this title](/usc/5/6101.md), each [agency](/usc/5/6121.md?p=1) 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](/usc/5/5361.md?p=1) on such a schedule must be present for work; and
  - (2) designated hours during which an [employee](/usc/5/5361.md?p=1) on such a schedule may elect the time of such [employee](/usc/5/5361.md?p=1)’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](/usc/5/6121.md?p=4) to reduce the length of the workweek or another workday.

  An election by an [employee](/usc/5/5361.md?p=1) referred to in [paragraph (2)](#a-2) shall be subject to limitations generally prescribed to ensure that the duties and requirements of the [employee](/usc/5/5361.md?p=1)’s [position](/usc/5/5531.md?p=2) 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](/usc/5/6130.md?p=a), if the head of an [agency](/usc/5/6121.md?p=1) determines that any organization within the [agency](/usc/5/6121.md?p=1) which is participating in a program under [subsection (a)](#a) is being substantially disrupted in carrying out its functions or is incurring additional costs because of such participation, such [agency](/usc/5/6121.md?p=1) head may—
  - (1) restrict the [employees](/usc/5/5361.md?p=1)’ choice of arrival and departure time,
  - (2) restrict the use of [credit hours](/usc/5/6121.md?p=4), or
  - (3) exclude from such program any [employee](/usc/5/5361.md?p=1) or group of [employees](/usc/5/5361.md?p=1).

# §6123. Flexible schedules; computation of premium pay

- (a) For purposes of determining compensation for overtime hours in the case of an [employee](/usc/5/5361.md?p=1) participating in a program under [section 6122 of this title](/usc/5/6122.md)—
  - (1) the head of an [agency](/usc/5/6121.md?p=1) may, on request of the [employee](/usc/5/5361.md?p=1), grant the [employee](/usc/5/5361.md?p=1) 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)](/usc/5/5542.md?p=a), [5543(a)(1)](/usc/5/5543.md?p=a-1) and section[^1] 5544(a) of this title, [section 7453(e) of title 38](/usc/38/7453.md?p=e), section 7 of the Fair Labor Standards Act ([29 U.S.C. 207](/usc/29/207.md)), or any other provision of law; or
  - (2) the [employee](/usc/5/5361.md?p=1) 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)](#a-1) of this section, an [employee](/usc/5/5361.md?p=1) shall not be entitled to be compensated for [credit hours](/usc/5/6121.md?p=4) worked except to the extent authorized under [section 6126 of this title](/usc/5/6126.md) or to the extent such [employee](/usc/5/5361.md?p=1) is allowed to have such hours taken into [account](/usc/5/8401.md?p=1) with respect to the [employee](/usc/5/5361.md?p=1)’s [basic work requirement](/usc/5/6121.md?p=3).
- (c)
  - (1) Notwithstanding [section 5545(a) of this title](/usc/5/5545.md?p=a), premium pay for nightwork will not be paid to an [employee](/usc/5/5361.md?p=1) otherwise subject to such section solely because the [employee](/usc/5/5361.md?p=1) elects to work [credit hours](/usc/5/6121.md?p=4), 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](/usc/5/5361.md?p=1) is on a flexible schedule under which—
      - (i) the number of hours during which such [employee](/usc/5/5361.md?p=1) must be present for work, plus
      - (ii) the number of hours during which such [employee](/usc/5/5361.md?p=1) may elect to work [credit hours](/usc/5/6121.md?p=4) 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)](/usc/5/5545.md?p=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](/usc/5/5361.md?p=1) is on a flexible schedule under which the hours that such [employee](/usc/5/5361.md?p=1) must be present for work include any hours designated in or under such [section 5545(a)](/usc/5/5545.md?p=a), such premium pay shall be paid for such hours so designated.
  - (2) Notwithstanding [section 5343(f) of this title](/usc/5/5343.md?p=f), and [section 7453(b) of title 38](/usc/38/7453.md?p=b), night differential will not be paid to any [employee](/usc/5/5361.md?p=1) otherwise subject to either of such sections solely because such [employee](/usc/5/5361.md?p=1) elects to work [credit hours](/usc/5/6121.md?p=4), 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](/usc/5/5361.md?p=1) on a flexible schedule under this subchapter—
    - (A) in the case of an [employee](/usc/5/5361.md?p=1) 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](/usc/5/5361.md?p=1) subject to [subsection (b)](#b) of such section 7453, for which 4 hours of such schedule fall between the hours specified in such subsection.

# §6124. Flexible schedules; holidays


Notwithstanding sections [6103](/usc/5/6103.md) and [6104](/usc/5/6104.md) of this title, if any [employee](/usc/5/5361.md?p=1) on a flexible schedule under [section 6122 of this title](/usc/5/6122.md) is relieved or prevented from working on a day designated as a holiday by Federal statute or Executive order, such [employee](/usc/5/5361.md?p=1) is entitled to pay with respect to that day for 8 hours (or, in the case of a part-time [employee](/usc/5/5361.md?p=1), an appropriate portion of the [employee](/usc/5/5361.md?p=1)’s biweekly [basic work requirement](/usc/5/6121.md?p=3) as determined under regulations prescribed by the Office of Personnel Management).


# §6125. Flexible schedules; time-recording devices


Notwithstanding [section 6106 of this title](/usc/5/6106.md), the Office of Personnel Management or any [agency](/usc/5/6121.md?p=1) may use recording clocks as part of programs under [section 6122 of this title](/usc/5/6122.md).


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

- (a) Subject to any limitation prescribed by the Office of Personnel Management or the [agency](/usc/5/6121.md?p=1), a full-time [employee](/usc/5/5361.md?p=1) on a flexible schedule can accumulate not more than 24 [credit hours](/usc/5/6121.md?p=4), and a part-time [employee](/usc/5/5361.md?p=1) can accumulate not more than one-fourth of the hours in such [employee](/usc/5/5361.md?p=1)’s biweekly [basic work requirement](/usc/5/6121.md?p=3), for carryover from a biweekly pay period to a succeeding biweekly pay period for credit to the [basic work requirement](/usc/5/6121.md?p=3) for such period.
- (b) Any [employee](/usc/5/5361.md?p=1) who is on a flexible schedule program under [section 6122 of this title](/usc/5/6122.md) and who is no longer subject to such a program shall be paid at such [employee](/usc/5/5361.md?p=1)’s then current rate of basic pay for—
  - (1) in the case of a full-time [employee](/usc/5/5361.md?p=1), not more than 24 [credit hours](/usc/5/6121.md?p=4) accumulated by such [employee](/usc/5/5361.md?p=1), or
  - (2) in the case of a part-time [employee](/usc/5/5361.md?p=1), the number of [credit hours](/usc/5/6121.md?p=4) (not in excess of one-fourth of the hours in such [employee](/usc/5/5361.md?p=1)’s biweekly [basic work requirement](/usc/5/6121.md?p=3)) accumulated by such [employee](/usc/5/5361.md?p=1).