“CITUS ET CERTUS” 435th Air Base Wing Kym Tran 435 MSS/DPCS-B DSN: 480-2697 CPMC 2007 Hours of...

“CITUS ET CERTUS”

435th Air Base Wing

Kym Tran

435 MSS/DPCS-B

DSN: 480-2697

CPMC 2007

Hours of Work &Premium Pay

2“CITUS ET CERTUS”

Laws & Regulations

• 5 U.S.C., Chapters 33, 55, & 61

• 5 C.F.R., § 532, 550, 551, & 610

• AFI 36-807, Weekly and Daily Scheduling of Work and Holiday Observances (21 Jun 99)

• Local Operating Procedures


Hours of Work

• Administrative Workweek

• Tour of Duty

• Core Hours

• Lunch Periods

• Alternative Work Schedules• Compressed

• Flexible

• Credit Hours


Work Schedules

• Administrative Workweek• 7 Consecutive days beginning 0001 Sunday and ending 2400 Saturday

• Tour of Duty• Days and hours employee is scheduled to work

• May consider employee’s needs

• Regular, AWS, Special, Uncommon

• Give 1 week notice before changing a work schedule


Alternative Work Schedules

• Compressed – work less than 10 days in PP

• Flexible• Flexitour – what it is not

• Flexitour – what is approved for KMC

• May use Credit Hours in conjunction with Flex

• Core Hours – time period in which all employees must be at work

• Flexible Hours – hours in which an employee may select his or her arrival & departure times or earn credit hours


Credit Hours

• Additional time worked at an employee’s request

• Only available with an approved flexible schedule

• Restrictions may be placed on when the hours are earned or taken

• Require supervisor’s approval

• Maximum balance – 24 hours

• What happens to the balance?


Lunch Period

• Not mandated by law

• Check Labor agreement & local policies

• 30-60 minutes (except with AWS)

• Unpaid and free from duties

• Cannot be skipped to leave early

• 20-minute paid lunch period in rare circumstances


Breaks

• Not mandated by law

• Check Labor agreement & local policies

• Paid period, normally less than 15 minutes

• Employee cannot leave the organization

• Cannot be combined with lunch or used to leave early


Excused Absences/Assignments

• Training

• In-/out processing

• Shipping HHG*

• CPF/EEO visits

• Awards presentations

• Special Emphasis Luncheons

• Base clean-up day


Excused Absences/Assignments

• Civilian Physical Fitness Program

• Purpose

• Participation & Accountability

• Eligibility• Which employees?

• Which activities?

• Health & Fitness Assessment

• Duty time for On-Base Facilities

• On-the-Job Injury


Premium Pay

• Overtime• Not for Training

• Holiday Pay

• Sunday Premium

• Night Differential

• Travel Pay


Premium Pay - Overtime

• Hours ordered, approved, and worked in excess of 8 hours/day or 40 hours/week

• Leave and other paid absences count as hours of work

• Approved in advance on AF Form 428

• OT Caps: biweekly rate exceeds GS-15, step 10-equivalent pay

• 2 Laws: Title 5 (“Exempt”) & FLSA (“Non-E”)• FLSA only – “suffer & permit”



OVERTIME RATE

• Up to GS-10, step 1 equivalent: 1.5 x basic hourly rate

• Employees exceeding the basic pay for GS-10, step 1, the overtime hourly rate is the greater of—

• the hourly rate of basic pay for GS-10, step 1, multiplied by 1.5,

OR

• the employee’s hourly rate of basic pay



• Compensatory Time – time off in lieu of overtime pay

• Must be used within 26 pay periods or it is paid out (“earned” rate)

• 1 hour of Comp Time for each hour of OT worked

• When may Agency direct OT be paid out in comp time?


Premium Pay - Holidays

• 10 Federal Holidays

• “In lieu of” holiday

• Full-time employee entitlement:• Required pay status day before or after holiday

• Is granted an “in lieu of” holiday

• Part-time employee entitlement:• Pay for hours scheduled to work that day

• No “in-lieu of” holiday


• If employee works on holiday -• Minimum 2 hours of premium pay

• Premium holiday pay rate = 2 x basic pay rate

• Approved in advance on AF Form 428

• Must pay if worked – not entitled to “in lieu of” holiday

• Overtime holiday pay• Only in excess of 8 hours/day or 40 hours/week

Premium Pay - Holidays


Sunday Premium

• Payable to full-time employees only

• Up to 8 hours of regularly scheduled work that begins or ends on a Sunday

• 25% of basic rate of pay for non-overtime work

• May be paid in addition to night pay or holiday pay

• Only paid for the Sundays actually worked – not for leave, comp time, or credit hours


Premium Pay - Night Differential

• GS, GG, & NSPS Night Pay Differential

• Must be regularly scheduled

• Paid only for hours worked between 1800-0600

• Paid for on holidays and leave IF employee uses less than 8 hours of leave in the PP


Premium Pay - Night Differential

• WG Night Shift Differential

• Paid for the entire shift IF the majority of hours fall during the differential periods

• 1500 – 2400 = 7.5%

• 2300 – 0800 = 10%

• Paid during holidays & leave


Travel – Hours of Work or Comp Time?

• Schedule travel during normal duty hours whenever possible

• Local Operating Procedures



• Hours of Work (regular & overtime pay)

• Title 5, Exempt: 5 U.S.C. 5542(b)(2) and 5 CFR 550.112(g)

• When outside employee’s duty hours, one of four conditions must be met:

• Involves performing work while traveling

• Is incident to travel

• Is carried out under arduous conditions

• Results from event outside administrative control of Executive branch of government



• Hours of Work (regular & overtime pay)• FLSA, Non-Exempt: When agency requires

employee to –

• Travel during working hours

• Work during travel

• Travel on 1-day assignment away from duty station

• Travel on overnight assignment away from the official duty station during hours on non-workdays that correspond to the employee's regular working hours

• In either case (Exempt or Non-Exempt), Agency may not adjust administrative workweek solely to avoid paying out as hours of work


• Federal Workforce Flexibility Act of 2004

• Effective on or after 28 January 2005

• Federal Wage System (WG, WL, WS) excluded

• SES and SES-equivalents are excluded

• New form of Compensatory Time off for time in duty status

• CB – Travel Comp Earned

• CF – Travel Comp Used



• Only paid for official travel during time which is otherwise not compensable

• Holidays (outside duty hours only)

• Non-duty hours of administrative workweek



• Time in travel status only

• Exclude meal periods (lunch, dinner, etc.)

• Exclude long layovers in which employee is “free”

• Exclude drive to airport from home (minus normal drive from home to work time)

• Include drive to airport from TDY location

• Include time required to report to airport (i.e., domestic & international flights check-in requirement time as mandated by airline)



• Use or lose in 26 PP

• Forfeited upon:

• Upon voluntary transfer to another agency;

• Upon movement to a non-covered position; or

• Upon separation from the Federal Government

• Exceptions - Military Service or On-the-Job Injury



Premium Pay Limitations

• Maximum Earnings Limitation

• An employee may not earn more in a PP (basic pay + premium pay) than the basic rate of a

GS-15, step 10

• Includes Comp Time earnings


Q & A

CIVILIAN PERSONNEL FLIGHTKYM TRAN

435 MSS/DPCS-BDSN: 480-2697

[email protected]

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