Hours of Duty

1400-610 (953) P
March 2, 2012
EMS TRANSMISSION: 3/5/ 2012
Instruction Memorandum No. WY-2012-027
Expires 09/30/2013
To: All Employees
From: Associate State Director
Subject: Hours of Duty
Program Area: Human Resources
Purpose: This Instruction Memorandum (IM) establishes policy on work schedules and the earning
and granting of credit hours, overtime, compensatory time, and compensatory time for travel.
Applicability: All BLM Wyoming employees, GS-15 and below, are subject to the policy set forth
in this IM.
Policy: It is the Bureau’s policy to utilize various types of work schedules permitted by regulation
for the purpose of improving workforce efficiency, increasing productivity and service to the public,
reducing costs, and providing the maximum flexibility for meeting employee needs. However,
employees are reminded they are not entitled to any particular work schedule and must have their
work schedules, any extra work hours, and any type of leave approved in advance by their
supervisor.
Supervisors have the authority to change an employee’s work schedule to meet the needs of the
organization. Supervisors must approve of an employee’s work schedules in advance of
implementation. Additionally, employees must adhere to the office attendance requirements,
including the proper and accurate reporting of the actual hours they have worked, and adjust their
work schedules as required by their supervisors to ensure that the needs of the office are met.
Provisions of the Fair Labor Standards Act require that all covered employees must be paid for all
hours worked in a workweek. This includes managers and supervisors, regular employees, careerseasonals,
terms, students, and seasonals. At no time are employees expected to perform
uncompensated work; however, deviations in work schedules, including extra hours worked, must be
approved by the employee’s supervisor in advance.
For the purposes of this IM the following definitions apply:
United States Department of the Interior
BUREAU OF LAND MANAGEMENT
Wyoming State Office
P.O. Box 1828
Cheyenne, Wyoming 82009-1828
IN REPLY REFER TO:
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Basic Workweek: An employee’s basic workweek is the number of hours, excluding overtime, an
employee is required to work or to account for by charging approved leave or holiday hours. For
most employees, the basic workweek is Monday through Friday.
Work Hours: Work hours are the actual times during which an employee may establish their daily
work schedule. An employee’s regularly scheduled work hours must be between 6:00 a.m. and
6:00 p.m. Official office hours are 7:45 a.m. to 4:30 p.m.
Core Hours: Core hours are designated periods of the day when all employees must be at work, on
approved leave, or other excused absence. Employees are not allowed to flex during core hours, but
may use approved leave. Core hours are 9:30 - 11:00 a.m. and 1:00 - 2:30 p.m.
Hours Worked: In general, “hours worked” includes all time an employee must be on duty, or on the
employer’s premises, or at any other prescribed place of work, from the beginning of the workday to
the end of the workday (not including meal breaks). Also included is any additional time the
employee is given permission to work over and above their normal schedule.
ALTERNATIVE WORK SCHEDULES (AWS)
The primary responsibility agencies have when administering and operating under an AWS is to
ensure work is carried out effectively and efficiently. This means supervisors and managers at all
levels must approve work schedules that fall within BLM Wyoming’s basic workweek provisions
and provide adequate coverage during Wyoming office hours of 7:45 a.m. to 4:30 p.m. Completing
workload priorities and providing customer service must be taken into consideration when
determining work schedules.
Alternative work schedules are not an employee entitlement and are always subject to supervisory
approval. Any decision to approve or disapprove an AWS must be based on work-related factors. It
may not be possible for every employee to operate under an AWS due to workload requirements, the
type of position the employee is in, the schedules of other employees, performance or conduct related
issues, etc.
There are two types of Alternative Work Schedules: Flexible Work Schedules (FWS) and
Compressed Work Schedules (CWS).
Flexible Work Schedules
Flexible work schedules have an 80-hour biweekly basic work requirement (or less than 80 hours in
the case of part-time employees) that allow employees to vary their work schedule from day to day.
Employees on a flexible work schedule must still meet core hour requirements and complete their
work day between 6:00 a.m. and 6:00 p.m., Monday through Friday.
Compressed Work Schedules
Compressed work schedules are fixed schedules and no flexing is allowed. Compressed work
schedules have an 80-hour biweekly basic work requirement (or less than 80 hours in the case of
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part-time employees) that is scheduled for less than 10 workdays. There is no legal authority that
allows employees on compressed (fixed) work schedules to earn credit hours. Therefore, employees
must either be at work or on approved leave during their scheduled hours.
Types of Compressed Work Schedules include:
• 5/4-9 Schedule: 9 hours per day for 8 days, and 8 hours for 1 day per pay period.
• 4-10 Schedule: 10 hours per day for 4 days per week.
For more information please see OPM’s Website on Alternative Work Schedules located at:
http://www.opm.gov/oca/aws/
BASIC INFORMATION
Lunch and Breaks
Flexible, Compressed, and Fixed Work Schedules
All employees are required to take a minimum 30-minute lunch period each day if working more
than six (6) hours, regardless of the work schedule they are on. If a longer lunch period is preferred,
the extra time must be included in the employee’s work schedule so that the 80 hour bi-weekly
requirement is met. If not included in the employee’s work schedule, leave, credit hours, or
previously earned compensatory time must be taken for the extra time away from work.
All employees, including those who use tobacco products, may only take two, 15-minute breaks per
day if working more than six (6) hours; or one, 15-minute break if working less than six (6) hours.
Breaks cannot be used to arrive late, extend the lunch period, or leave early. Supervisors retain the
right to schedule or deny break periods for employees.
Credit Hours
Flexible Work Schedule
Credit hours are hours within a flexible work schedule that an employee elects to work in excess of
their basic work requirement. The earning of credit hours is not an employee entitlement; therefore,
employees must have prior approval from their supervisor before they can earn credit hours. Credit
hours cannot be advanced.
Credit hours cannot be worked outside the hours of 6:00 a.m. to 6:00 p.m. or on holidays. Because
Saturday and Sunday are not part of the normal, regularly scheduled basic work requirement for most
employees, credit hours may not be earned on those days. This does not preclude supervisors from
authorizing and/or ordering overtime or compensatory time on Saturdays or Sundays or the
employee’s regular days off.
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Employees must complete their daily basic work requirement before they can earn credit hours.
Credit hours must be earned and used in no less than 15-minute increments, and a maximum of
24 hours may be carried over from one pay period to another.
Credit hours do not expire as long as employees stay under the 24 hour carry-over maximum.
Employees will be paid a lump sum for unused credit hours if they leave Federal service.
Use of credit hours must be approved in advance by the employee’s supervisor.
Compressed/Fixed Work Schedule
There is no legal authority for credit hours under a compressed or fixed work schedule. The law
provides for credit hours only for flexible work schedules.
Overtime and Compensatory Time
Flexible, Compressed and Fixed Work Schedules
The difference between credit hours and compensatory time off is compensatory time is earned when
the employee may be entitled to overtime. Compensatory time off is time off with pay in lieu of
overtime pay for irregular or occasional overtime work. It is normally earned after 6 p.m. and before
6 a.m. or on weekends.
Overtime or compensatory time can be earned beyond an employee’s 8, 9, or 10 hour work day only
if directed by or approved in advance by the immediate supervisor. Employees are not entitled to
earn compensatory time or overtime, but can be required to work beyond their scheduled work day to
meet the need of the organization.
Supervisors may grant compensatory time off in lieu of overtime pay at the request of the employee.
Supervisors can mandate employees earn compensatory time in lieu of overtime for irregular or
occasional overtime work for employees who are Fair Labor Standards Act (FLSA)-exempt and
whose rate of basic pay exceeds the rate for a GS-10, Step 10. Employees who are FLSA-nonexempt
may choose to earn compensatory time or overtime. Individual FLSA exempt and non-exempt status
can be found on each employee’s leave and earning statements.
FLSA-nonexempt employees who do not use their earned compensatory time within 26 pay periods
(one year), or who leave the Agency, will be paid for the earned compensatory time off at the
overtime rate in effect when earned. FLSA-exempt employees who fail to use their earned
compensatory time within 26 pay periods (1 year) will forfeit the compensatory time. Because of
this, supervisors may require employees to use compensatory time before using annual leave, unless
doing so will cause the loss of use or lose annual leave.
Use of compensatory time must be approved in advance by the employee’s supervisor.
Compensatory Time Off for Travel:
Flexible, Compressed and Fixed Work Schedules:
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Compensatory time off for travel may be earned by employees for time spent in an officially
authorized travel status away from the employee’s official duty station when such time is not
otherwise compensable. Travel status includes the time actually spent traveling between the official
duty station and a temporary duty station, or between two temporary duty stations, and the usual
waiting time that precedes or interrupts such travel.
Compensatory time off for travel applies whether or not the employee is exempt from or covered by
FLSA, but should be used only for time that is not otherwise compensable.
Compensatory time for travel cannot be earned during basic holiday hours because employees are
entitled to their basic rate of pay during those hours.
Employees must request and receive supervisory approval for compensatory time off for travel in
advance of travel. There is no limit on the amount of compensatory time off for travel an employee
may earn. Employees must code their time to Compensatory Time for Travel (Quicktime code 046)
when in travel status.
Use of compensatory time off for travel must be approved in advance by the employee’s supervisor.
Employees must use accrued compensatory time off for travel by the end of the 26th pay period after
the pay period in which it was credited or the time will be forfeited. Employees will also forfeit any
unused compensatory time off for travel if it is not used prior to transferring to another agency or
separating from Federal service. Unfortunately employees may not request restoration of forfeited
compensatory time off for travel.
For more information please see OPM’s Website on Compensatory Time Off for Travel at
http://www.opm.gov/oca/compmemo/2005/2005-03-att1.asp.
Timeframe: This policy is effective immediately.
Budget Impact: None
Manual/Handbook Sections: 370 DM 610, Hours of Duty.
Coordination: This policy was coordinated with the Wyoming Management Team.
Contact: Please refer questions to Missy Cook, Human Resources Specialist, at (307) 775-6352 or
rcook@blm.gov.
Signed By: Authenticated By:
Ruth Welch Sherry Dixon
Associate State Director Secretary
Distribution
Director (710), 1120 20th St. 1
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