---
kind: "section"
citation: "5 U.S.C. § 6123"
title: "5"
title_heading: "Government Organization and Employees"
number: "6123"
heading: "Flexible schedules; computation of premium pay"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/6123"
units:
  - "Part III — Employees"
  - "Subpart E — Attendance and Leave"
  - "Chapter 61 — Hours of Work"
  - "Subchapter II — Flexible and Compressed Work Schedules"
---

# §6123. Flexible schedules; computation of premium pay

- (a) For purposes of determining compensation for overtime hours in the case of an [employee](/usc/5/6121.md?p=2) 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/5/6121.md?p=2), grant the [employee](/usc/5/6121.md?p=2) 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)](/usc/5/5544.md?p=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/5/6121.md?p=2) 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/5/6121.md?p=2) 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/5/6121.md?p=2) is allowed to have such hours taken into [account](/usc/5/8401.md?p=1) with respect to the [employee](/usc/5/6121.md?p=2)’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](/usc/5/7511.md?p=a-4) for nightwork will not be paid to an [employee](/usc/5/6121.md?p=2) otherwise subject to such section solely because the [employee](/usc/5/6121.md?p=2) 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](/usc/5/7511.md?p=a-4) is otherwise authorized, except that—
    - (A) if an [employee](/usc/5/6121.md?p=2) is on a flexible schedule under which—
      - (i) the number of hours during which such [employee](/usc/5/6121.md?p=2) must be present for work, plus
      - (ii) the number of hours during which such [employee](/usc/5/6121.md?p=2) 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](/usc/5/7511.md?p=a-4) shall be paid for those hours which, when combined with such total, do not exceed 8 hours, and

    - (B) if an [employee](/usc/5/6121.md?p=2) is on a flexible schedule under which the hours that such [employee](/usc/5/6121.md?p=2) 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](/usc/5/7511.md?p=a-4) 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/5/6121.md?p=2) otherwise subject to either of such sections solely because such [employee](/usc/5/6121.md?p=2) 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/5/6121.md?p=2) on a flexible schedule under this subchapter—
    - (A) in the case of an [employee](/usc/5/6121.md?p=2) 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/5/6121.md?p=2) subject to [subsection (b)](#b) of such section 7453, for which 4 hours of such schedule fall between the hours specified in such subsection.

## Footnotes

[^1]: So in original. The word “section” probably should not appear.

## Source credit

(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.)

## Notes

### 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”.