---
kind: "section"
citation: "5 U.S.C. § 6122"
title: "5"
title_heading: "Government Organization and Employees"
number: "6122"
heading: "Flexible schedules; agencies authorized to use"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/6122"
units:
  - "Part III — Employees"
  - "Subpart E — Attendance and Leave"
  - "Chapter 61 — Hours of Work"
  - "Subchapter II — Flexible and Compressed Work Schedules"
---

# §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/5/6121.md?p=2) on such a schedule must be present for work; and
  - (2) designated hours during which an [employee](/usc/5/6121.md?p=2) on such a schedule may elect the time of such [employee](/usc/5/6121.md?p=2)’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/5/6121.md?p=2) 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/5/6121.md?p=2)’s [position](/usc/5/5102.md?p=a-3) 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/5/6121.md?p=2)’ 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/5/6121.md?p=2) or group of [employees](/usc/5/6121.md?p=2).

## Source credit

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