---
kind: "section"
citation: "5 U.S.C. § 6128"
title: "5"
title_heading: "Government Organization and Employees"
number: "6128"
heading: "Compressed schedules; computation of premium pay"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/6128"
units:
  - "Part III — Employees"
  - "Subpart E — Attendance and Leave"
  - "Chapter 61 — Hours of Work"
  - "Subchapter II — Flexible and Compressed Work Schedules"
---

# §6128. Compressed schedules; computation of premium pay

- (a) The provisions of sections [5542(a)](/usc/5/5542.md?p=a) and [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 law, which relate to premium [pay](/usc/5/7511.md?p=a-4) for overtime work, shall not apply to the hours which constitute a [compressed schedule](/usc/5/6121.md?p=5).
- (b) In the case of any full-time [employee](/usc/5/6121.md?p=2), hours worked in excess of the [compressed schedule](/usc/5/6121.md?p=5) shall be overtime hours and shall be paid for as provided by the applicable provisions referred to in [subsection (a)](#a) of this section. In the case of any part-time [employee](/usc/5/6121.md?p=2) on a [compressed schedule](/usc/5/6121.md?p=5), overtime [pay](/usc/5/7511.md?p=a-4) shall begin to be paid after the same number of hours of work after which a full-time [employee](/usc/5/6121.md?p=2) on a similar schedule would begin to receive overtime [pay](/usc/5/7511.md?p=a-4).
- (c) Notwithstanding section [5544(a)](/usc/5/5544.md?p=a) or [5546(a)](/usc/5/5546.md?p=a) of this title, or any other applicable provision of law, in the case of any full-time [employee](/usc/5/6121.md?p=2) on a [compressed schedule](/usc/5/6121.md?p=5) who performs work (other than overtime work) on a tour of duty for any workday a part of which is performed on a Sunday, such [employee](/usc/5/6121.md?p=2) is entitled to [pay](/usc/5/7511.md?p=a-4) for work performed during the entire tour of duty at the rate of such [employee](/usc/5/6121.md?p=2)’s [basic pay](/usc/5/8401.md?p=4), plus premium [pay](/usc/5/7511.md?p=a-4) at a rate equal to 25 percent of such [basic pay](/usc/5/8401.md?p=4) rate.
- (d) Notwithstanding [section 5546(b) of this title](/usc/5/5546.md?p=b), an [employee](/usc/5/6121.md?p=2) on a [compressed schedule](/usc/5/6121.md?p=5) who performs work on a holiday designated by Federal statute or Executive order is entitled to [pay](/usc/5/7511.md?p=a-4) at the rate of such [employee](/usc/5/6121.md?p=2)’s [basic pay](/usc/5/8401.md?p=4), plus premium [pay](/usc/5/7511.md?p=a-4) at a rate equal to such [basic pay](/usc/5/8401.md?p=4) rate, for such work which is not in excess of the [basic work requirement](/usc/5/6121.md?p=3) of such [employee](/usc/5/6121.md?p=2) for such day. For hours worked on such a holiday in excess of the [basic work requirement](/usc/5/6121.md?p=3) for such day, the [employee](/usc/5/6121.md?p=2) is entitled to premium [pay](/usc/5/7511.md?p=a-4) in accordance with the provisions of section [5542(a)](/usc/5/5542.md?p=a) or [5544(a)](/usc/5/5544.md?p=a) of this title, as applicable, or the provisions of section 7 of the Fair Labor Standards Act ([29 U.S.C. 207](/usc/29/207.md)) whichever provisions are more beneficial to the [employee](/usc/5/6121.md?p=2).

## Source credit

(Added Pub. L. 97–221, § 2(a)(2), July 23, 1982, 96 Stat. 230; amended Pub. L. 102–40, title IV, § 403(c)(3), May 7, 1991, 105 Stat. 240; Pub. L. 102–378, § 2(44)(E), Oct. 2, 1992, 106 Stat. 1352.)

## Notes

### Editorial Notes

### Amendments

1992—Subsec. (a). Pub. L. 102–378, § 2(44)(E)(i), substituted “5542(a) and 5544(a)” for “5542(a), 5544(a), and 5550(2)”.

Subsec. (c). Pub. L. 102–378, § 2(44)(E)(ii), substituted “5544(a) or 5546(a)” for “5544(a), 5546(a), or 5550(1)”.

1991—Subsec. (a). Pub. L. 102–40 substituted “section 7453(e)” for “section 4107(e)(5)”.