Human Resource Management
January 6, 1984
SUBJ: WORK WEEKS AND HOURS OF DUTY
This order contains the legal and regulatory
requirements and agency rules and procedures that govern the
establishment or modification of workweeks and hours of duty within
the Federal Aviation Administration. This order consolidates agency
instructions on the establishment of workweeks hours of duty and in
addition: (1) Updates and restates the legal and regulatory
requirements and agency instructions on the establishment of
workweeks and hours of duty that were in Order PT P 3600.3,
Workweeks and Hours of Duty; (2) Incorporates the regulations and
agency instructions on the establishment and use of standby tours of
duty and telephone availability status that were contained in Order
3550.8, Standby and Telephone Availability Policy; and (3)
Incorporates and updates the material formerly contained in PT P
3600.4, Irregular Workweek Employees.
H. R. Richardson
Acting Director of Personnel and
TABLE OF CONTENTS
Explanation of Changes
Continuation of Present Workweeks and Hours of Duty
Relationship to Negotiated Agreements
Responsibilities for Currency
2. HOURS OF DUTY
Staggered Hours in Metropolitan Washington Area
Responsibilities of Authorizing Officials
Responsibilities of Others
Students and Minors
Experts and Consultants
Medical Examinations at Agency Expense
3. TOURS OF DUTY
Legal Criteria for Basic 40-Hour Workweeks and Tours of Duty
Supplementary Agency Rules
4. STANDBY AND TELEPHONE AVAILABILITY STATUS
Authority and Requirements for Establishing Standby Tours
5. FIRST 40-HOUR TOURS OF DUTY
Criteria for Establishment of First 40-Hour Tours
Officials Authorized to Establish First 40-Hour Tours
Responsibilities of Supervisors and Approving Officials
Procedures and Documentation
Administration of Pay, Leave, and Holidays
6. ADMINISTRATION OF SPECIAL SITUATIONS
Lunch or Equivalent Eating Periods
Daylight Savings Time
Shifts overlapping Midnight
2. ORDER DOT 3600.6, FLEXITIME
1. PURPOSE. This order restates existing
legal and regulatory requirements and agency rules and procedures
which govern the establishment or modification of workweeks and
hours of duty.
2. DISTRIBUTION. This order is distributed
to the branch level in Washington, regions, and centers, with
limited distribution to field offices and facilities.
a. Order PT P 3600.3, workweeks and Hours of-Duty, dated April
15, 1964, is canceled.
b. Order PT P 3600.4, Irregular Workweek employees, dated
November 27, 1964, is canceled.
c. Order 3550.8, Standby Duty and Telephone Availability Policy,
dated January 14, 1969, is canceled.4.
EXPLANATION OF CHANGES. This order consolidates agency
instructions on the establishment of workweeks and hours of duty.
a. It updates and restates legal and regulatory requirements
and agency instructions on the establishment of workweeks and hours
of duty that were in Order PT P 3600.3, Workweeks and Hours of Duty.
In addition to editorial changes, this revision:
(1) Revises the definition of metropolitan Washington for
purposes of staggering hours of duty in the Metropolitan Washington
area. The revised definition is stated in the Federal Property
Management Regulations (subpart 101-19.1), which are issued by the
General Services Administration (GSA) (paragraph 2la(2)).
(2) Clarifies approval authority for establishing and modifying
tours of duty for employees of tenant organizations located at the
Aeronautical and Technical Centers (paragraph 22).
(3) Incorporates agency instructions which were issued in Notice
N 3600.21, workweeks and Hours of Duty, dated March 26, 1974, on
eating periods while on duty (paragraph 60).
(4) Adds a new optional rule on daylight savings time and cites a
number of comptroller General (Comp. Gen.) decisions that apply to
instructions on daylight savings time (paragraph 61).
(5) Incorporates the Administrator's policy which was issued by
message, dated, January 15, 1970, on the establishment of night
shifts overlapping midnight (paragraph 62).
(6) Deletes references to special considerations concerning hours
of duty for full-time female employees.
(7) Adds rulings of the Comp. Gen. on the impact of days lost and
gained due to crossing the International Date Line (paragraph 63).
(8) Explains approval authority for establishing flexible tours
for employees of tenant organizations located at the Aeronautical
and Technical Centers (appendix 1, paragraph 6).
(9) Clarifies the procedures for recording eating periods on the
Time and Attendance Report for irregular workweek employees
(10) Changes the maximum number of hours during the school year
that students may work from 16 to 20 hours per week (paragraph 24b).
(11) Deletes attachment 2, Federal Personnel Manual (FPM) Letter
610-5, dated March 22, 1978, to appendix 1.
(12) Revises the definitions in paragraph 9 to make them
compatible with the definitions found in FPM Supplement, 990-2, Book
610, Subchapter Sl, Inst. 68, dated March 7,1983, and FPM Supplement
990-2, Book 550, Appendix H, Inst. 68, dated March 7,
1983.b. This order incorporates the regulations and
agency instructions on the establishment and use of standby tours of
duty and telephone availability status that were contained in Order
3550.8, Standby and Telephone Availability Policy. However, the pay
regulations and instructions on standby tours of duty are
incorporated into Order 3550.10, Pay Administration (General).
c. This order incorporates and revises the regulations and agency
instructions on the establishment of first 40-hour tours of duty. It
updates the material formerly contained in PT P 3600.4, Irregular
workweek employees, to reflect changes in law, regulation, Executive
order, and rulings of the Comp. Gen.5.
CONTINUATION OF PRESENT WORKWEEKS AND HOURS OF DUTY. All
basic workweeks and Fours of duty properly authorized under existing
authority prior to the effective date of this order, and in effect
immediately prior to that date, shall continue in effect as long as
needed, assuming that none are in violation of governing laws and
regulations. Any changes subsequent to the effective date shall be
in conformance with all requirements contained in this order.
6. RELATIONSHIP TO NEGOTIATED AGREEMENTS.
Where the provisions of a negotiated agreement with a union conflict
with this order, the negotiated agreement prevails.
7. COVERAGE. The rules, guidelines, and
procedures contained in this order apply to full-time General
Schedule (GS), Federal Wage System (WG, WL, and WS) and Merit Pay
(GM) employees of the agency (unless otherwise indicated in certain
portions of the order). They also apply to part-time and
intermittent employees who have regularly scheduled tours of duty.
8. RESPONSIBILITIES FOR CURRENCY. Every
effort will be made to keep procedures and other information in this
order current. However, whenever legislative, regulatory or other
authoritative changes render any portion of this order invalid, the
invalidated portion is automatically rescinded. The Compensation
Branch, APT-210, is responsible for identifying portions of this
order which are made invalid by such changes and will provide
written guidance to users and issue changes to the order. The
servicing personnel offices are, in turn, responsible for notifying
users within their jurisdiction of such changes to this order.
a. Day is the calendar day (midnight to midnight).
b. Administrative Workweek is a period of 7 consecutive
calendar days, which in the Federal Aviation Administration (FAA)
begins at 0000 hours Sunday and ends at 2400 hours (midnight) the
c. Basic Workweek, for full-time employees, is:
(1) The 40-hour workweek that is established in accordance with
paragraph 30 of this order and includes the officially prescribed
days and hours during which full-time employees are entitled to
basic pay; or
(2) The first 40 hours of work performed by employees, without
the requirement for specific days and hours within the
administrative workweek, for whom first 40-hour tours are
established in accordance with chapter 5 of this
order.d. Regularly Scheduled Administrative
Workweek. The period employees are regularly scheduled to work
within the administrative workweek. For full-time employees, it
includes the basic workweek plus regular overtime work, if any is
required (e.g., Monday through Saturday, 8:00 a.m. to 5:00 p.m.,
with 1-hour meal period). For part-time employees, it includes the
officially prescribed days and hours during which they are regularly
scheduled to work.
e. Regularly Scheduled Work is work that is scheduled in
advance of an administrative workweek under an agency's procedures
for establishing workweeks in accordance with title 5, Code of
Federal Regulations (CFR) 610.111.
f. Hour of Duty is the days specified within the
administrative workweek (a weekly tour of duty) and the specific
hours of each day (a daily tour of duty) fixed in advance of the
administrative workweek during which the employee is regularly
required to perform work on a recurring basis. This term includes
the basic workweek and any regularly scheduled overtime. (This is
also referred to in the office of Personnel Management's (OPM's)
regulations as the "regularly scheduled administrative workweek.")
g. First 40-Hour Tour of Duty. When it is impractical to
prescribe a regular schedule of definite hours of duty for each
workday of a regularly scheduled administrative workweek, the first
40 hours of duty performed within a period of not more than 6 days
of the administrative workweek is the basic workweek. A first
40-hour tour of duty is the basic workweek without the requirement
for specific days and hours within the administrative workweek. All
work performed by an employee within the first 40 hours is
considered regularly scheduled work for premium pay and hours of
duty purposes. Any additional hours of officially ordered or
approved work within the administrative workweek are overtime work.
Employees who work this kind of tour are known as "first 40-hour
h. Standby Tour of Duty is a tour of duty which requires
that an employee remain at or within the confines of his/her duty
station during longer than ordinary periods of duty, a substantial
part of which consists of remaining in a standby status rather than
performing work. For employees performing standby duty the regularly
scheduled administrative workweek includes regularly scheduled
standby time, except that allowed by agency regulations for sleep
and meals. Ben an employee is paid additional pay under section
5545(c)(1) of title 5, U.S.C., the regularly scheduled
administrative workweek is the total number of regularly scheduled
hours of duty a week.
i. Flextime is a method of scheduling work which permits
employees, within certain management constraints, to select the
starting and quitting time of their basic workday.
j. Regular Day Off (RDO) is a calendar day (midnight to
midnight) that an employee is not scheduled to work.
k. No Assigned Shift (NAS) is recorded on the Time and
Attendance Report on the day that an employee ends a shift which
began on the previous day and the employee does not begin working
another shift.10. - 19.
CHAPTER 2. HOURS OF DUTY
20. OFFICIAL HOURS. The official hours of
duty for employees in both headquarters and field organizations of
FAA which do not require the establishment of multiple shifts are
8:30 a.m. to 5:00 p.m., Monday through Friday, with 30 minutes for a
noncompensable, duty-free lunch period. Exceptions to these hours
may be authorized by officials identified in paragraph 22, Figure
2-1. Employees working at facilities away from their assigned
organization or duty location should adhere to the hours of duty
established for the organization in which they are performing their
21. STAGGERED HOUR IN METROPOLITAN WASHINGTON
a. General Procedures and Area of Application.
(1) In order to minimize the impact that large numbers of
Federal workers have on transportation facilities, streets, and
highways of the surrounding municipalities, there has been a
longstanding practice of staggered working hours for Federal workers
in the Washington, DC, metropolitan area. Consequently, any
contemplated change in the current or proposed official working
hours for groups of employees in this area must have the prior
approval of the GSA and/or the Department of Transportation (DOT).
(2) The Metropolitan Washington area includes the District of
Columbia; Montgomery, Charles, and Prince George’s counties in
Maryland; Arlington, Fairfax, Loudoun, and Prince William counties
in Virginia; and all cities now or hereafter existing within
Maryland or Virginia within the geographic area bounded by the outer
boundaries of the combined area of the counties specified.
(3) All employees in the Washington headquarters, the
Metropolitan Washington Airports, and regional employees located in
the above-mentioned areas are subject to this restriction. With
respect to those facilities and field offices in the area with
continuous operations (i.e., 16 to 24 hours a day, 7 days a week,
requiring 2 or more shifts a day, and regular rotation of employees
between shifts), this restriction does not apply to each instance of
employee rotation, but only to significant changes in the
established shift hours.b. Requests for Changes
in Official Working Hours.
(1) All requests for changes in the official working hours in
the Washington Metropolitan area must be in writing and routed
through the servicing personnel office to the Director of Personnel
and Training (APT-1), FAA. This applies to official hours of duty
for groups of employees only (e.g., Air Traffic Service, Office of
Flight Operations, etc.). Officials with authority to approve
individual tours of duty are specified in paragraph 22.
(2) If the request involves fewer than 50 employees parking at
the same duty location and does not propose changes in the starting
or ending times in official working hours during the hours
designated by the GSA as restricted hours (7:00 to 9:00 a.m. or 3:00
to 6:00 p.m.), it will be forwarded to the Director of Personnel,
DOT, who has the authority to approve such changes. The request
should include the following information:
(a) The proposed hours of duty and the current hours of duty.
(b) The number of employees affected.
(c) A detailed
justification or reasons for the change.(3) If the
request involves 50 or rare employees, or if within a 3-month period
the number of employees for whom a change is proposed will be 50 or
more employees, and/or if the proposed changes in the starting or
ending times in official working hours will occur during the
restricted hours, (7:00 to 9:00 a.m. or 3:00 to 6:00 p.m.), the
request will be submitted by APT-1 through the DOT to the
Commissioner, Public Buildings Service, (BA, for approval. Each
request should include all items listed in subparagraph 2lb(2)
above, plus the following:
(a) The percentage of employees in favor of the change, obtained
by direct solicitation of the affected employees or through unions
representing such employees. c.
Notification of Personnel and Payroll Offices. When any change has
been approved in the official hours of duty of the type discussed
above, the servicing personnel and payroll offices will be promptly
notified of all approved changes.22.
RESPONSIBILITIES OF AUTHORIZING OFFICIALS.
a. Officials Authorized to Establish or Modify Hours of
Duty.(1) Officials Having Primary Authority.
Management officials cited below in Figure 2-1 have primary
authority to establish or modify tours of duty for employees under
their jurisdiction in conformance with the law, regulations, and
agency policy established by the Administrator. Any changes approved
in the official hours of duty for employees should be promptly
forwarded to the appropriate servicing personnel and payroll
(b) An account of any anticipated
traffic problem or possible changes in transportation demands. In
addition, there should be evidence that such problems were discussed
with, and the general plans correlated with, local transportation
systems authorities and the police department.
NOTE: See appendix 1, paragraph 6, for officials authorized to
establish and approve flextime tours of duty.
FIGURE 2-1. OFFICIALS HAVING PRIMARY AUTHORITY TO
ESTABLISH OR MODIFY TOURS OF DUTY
(2) Officials to Whom Authority May Be Redelegated.
Unless otherwise restricted, management officials cited in Figure
2-1 may, at their discretion, redelegate all or part of their
authority to heads of appropriate organizational segments; e.g.,
chiefs of regional facilities or district offices and heads of
tenant organizations at centers. The redelegation must be in writing
and the redelegation document must be retained as a permanent
record. Below are examples of redelegated authority:
(a) The managers of regional facilities or district
offices may be redelegated authority to establish or modify
tours and work schedules which will best serve particular local
operating requirements. Since employee input in establishing or
modifying such tours and work schedules can be an important factor
in fostering a productive work environment, the exercise of such
delegated authority should, consistent with operational
requirements, permit consideration of union views and
recommendations and the preference of the majority of the employees
|Associate Administrator for
||All employees on Washington office
rolls, including employees of FAA tenant organizations at the
Aeronautical Center and Technical Center, and employees at
foreign posts not part of the Office of International
Aviation's technical assistance missions (except as provided
|Regional and Center Directors
||Employees of their respective
regions or centers or those employees detailed there (except
employees of tenant organizations).|
|Director, Metropolitan Washington
||Employees of Washington National
Airport and Dulles International Airport.|
|Director, Europe, Africa, and
Middle East Office
||Employees within his/her
|Director, Office of International
||Employees located overseas with
Civil Aviation Assistance Groups.|
(b) The Director of the Aeronautical Center, to
the extent considered feasible and necessary, my redelegate
authority to the heads of activities located at the center to
establish or modify the tours of duty of their employees or
employees detailed to them.
(c) The highest ranking FAA
official at a foreign post (other than technical assistance
missions under the Office of International Aviation's jurisdiction
or areas under the jurisdiction of the Director of the Europe,
Africa, and the Middle East Office) may be redelegated the authority
to establish appropriate hours of duty for employees at those
locations, using one of the following criteria:
1 Local State Department requirements.
Prevailing hours of duty established by other major US agency
employers at the post.
custom.23. RESPONSIBILITIES OF OTHERS.
a. Employees are responsible for being on duty during
the full period of their tours, unless absent on approved leave, and
for observing the approved opening and closing hours for their
shifts and established eating periods.
b. Supervisors must assure that tours of duty
realistically accommodate operating requirements to provide maximum
efficiency at minimal cost. If they determine that changes in tours
of duty would benefit the organization, they should make appropriate
written recommendations to higher level officials if required by
existing delegations of authority.
c. Personnel Officers or other officials who may be
designated, shall, through periodic review, assure the general
conformance of established tours of duty within their jurisdiction
with legal, regulatory, or other controlling requirements. Personnel
officers will provide technical advisory service to management
officials with respect to such requirements, including any labor
laws or State labor standards which affect employment and the
establishment of tours of duty.24.
STUDENTS AND MINORS.
a. Hours of Duty for Minors in FAA will be set in
accordance with the labor laws and labor standards of the District
of Columbia or State in which they are employed. Information on
applicable District of Columbia or State laws can be obtained by
appointing officers from the appropriate OPM regional office. While
the special laws which many States and the District of Columbia have
enacted for female minors do not apply to Federal employees, the
hours for all minors in FAA will be set in accordance with standards
at least as high as those standards of law governing the hours of
female minors in the area of employment.
b. Persons Classified as Students may work hours of duty
during the school year and vacation times which do not exceed the
number of hours specified by the authority under which they were
hired. For instance, students employed under the Stay in School
Program and hired under the conditions of section 213.3102(w) of
title 5, CFR, may not work more than 20 hours per week during the
school year. In addition, their hours of duty should not conflict
with their classroom hours and school
activities.Students may work full-time during any
period in which their school is officially closed.
NOTE: Details on the employment of students in special
employment categories and the specified hours of employment under
applicable hiring authorities can be found in Order PT P 3300.7,
Employment, chapter 14.
c. Students in Cooperative Education programs are
generally full-time employees for a specified number of months or
weeks during the school term which is considered a part of their
academic curriculum. Therefore, the hours of duty for these
employees will be set in accordance with normal procedures for all
other full-time employees and in accordance with their approved
training plans.25. EXPERTS AND
CONSULTANTS. Experts and consultants may work intermittently or
may work regular tours of duty on a full-time or part-time basis.
The special nature of their work and the desirability of determining
the length and periods of work for the convenience of the agency and
the individual require this flexibility in scheduling. Compensation
of individuals in either of these categories is covered in Order PT
P 3300.7, chapter 6, section 3.
26. MEDICAL EXAMINATIONS AT AGENCY EXPENSE.
a. Time necessarily spent in taking required medical
examinations which are provided at agency expense for pilots, air
traffic controllers, policemen, firefighters, etc., is considered
duty status (Unpublished Comp. Gen. decision B-159420, dated July
19, 1966). Officials responsible for scheduling these medical
examinations and tests conducted at FAA expense shall arrange for
them to be taken during regular duty hours when consistent with
management needs, and shall take positive steps to control the hours
spent in taking them. Such medical examinations and tests will be
scheduled on nonworkdays only when absolutely necessary and
consistent with the needs of management.
b. Time spent by employees in taking medical examinations at
their own expense in support of review (appeal) actions is NOT duty
c. Additional information on excused absence for medical
examinations NOT administratively required of employees in other
occupational groups can be found in Order 3600.4, Absence and Leave,
chapter 7.27. - 29. RESERVED.
CHAPTER 3. TOURS OF DUTY
30. LEGAL CRITERIA FOR BASIC 40-HOUR WORKWEEKS
AND TOURS OF DUTY. The legal basis for the establishment of the
basic 40-hour workweek and work schedules (tours of duty) is found
in title 5 of the U.S.C., Chapter 61, 5 CFR 610.111, and in FPM
Supplement-990-2, Book 610, Subchapter 51, Inst. 68, dated march 7,
1983. The law provides the following criteria:
a. Basic 40 Hour Workweek. The head of each agency, with
respect to each full-time employee, shall establish by regulation:
(1) A basic workweek of 40 hours which does not extend over
more than 6 of any 7 consecutive days.
(2) A regularly scheduled administrative workweek that consists
of the 40 hour basic workweek, plus any period of regularly
scheduled overtime work required of each employee. (Details on the
legal criteria for establishing workweeks are found in 5 CFR
610.112).b. Hours of Duty. The law also
provides additional criteria for use in establishing tours of duty.
While the criteria listed below were designed primarily to protect
and to benefit employees, the law recognizes that many Government
program are of such a nature that strict adherence to any one or
more of these criteria is not possible in all cases. Thus, the law
provides that exceptions to the criteria listed below may be
authorized when appropriate authority determines that the agency
would be seriously handicapped in carrying out its functions or that
costs would be substantially increased. In FAA, these determinations
will be made by those officials cited in paragraph 22, Figure 2-1,
or by other responsible officials to whom they have redelegated such
authority. With respect to each employee:
(1) The basic 40-hour workweek shall be scheduled on 5 days,
which shall be Monday through Friday wherever possible, and the days
outside the basic workweek shall be consecutive.
to tours of duty shall cover periods of not less than one week and
shall be scheduled in advance.
(3) The basic non-overtime
workday shall not exceed 8 hours.
(4) The working hours in each
day in the basic workweek shall be the same (e.g., 8:30 a.m. to 5:00
p.m., Monday through Friday).
(5) Breaks in working hours of
more than 1 hour may not be scheduled in any workday.
Schedules shall not be established or revised either to cause the
inclusion of, or prevent the inclusion of, holidays within an
employee's basic workweek.
(7) Work shall be scheduled to
accomplish the agency mission.
(8) Regularly scheduled
administrative workweeks shall correspond with the employee's actual
(9) When it is known in advance of an
administrative workweek that the specific days and/or hours of a day
actually required of an employee in that administrative workweek
will differ from those required in the current administrative
workweek, the employee's regularly scheduled administrative workweek
shall be rescheduled to correspond with the new specific days and
hours. The employee must be informed of the change and the change
must be recorded on the employee's time and attendance card or other
agency document for recording work.
(10) Failure to schedule a
period of work as part of the employee's regularly scheduled
administrative workweek in accordance with the appropriate
regulations outlined above and in FPM Supplement 990-2, Book 610,
Subchapter Sl, Inst. 68, March 7, 1983, may entitle the employee to
payment of premium pay for that period of work as regularly
scheduled work (see 5 CFR 610.121).c. Special Tours
of Duty for Educational Purposes. Notwithstanding the provisions
of paragraph 30b above, agency officials cited in paragraph 22,
Figure 2-1, or other responsible officials to whom such authority
has been redelegated, may establish special tours of duty of not
less than 40 hours in an administrative workweek to permit employees
to take one or more courses which will equip them for more effective
work in the agency. Under law and regulation, the following
guidelines shall apply in establishing special tours of duty under
(1) The authority applies to training courses which are not
covered by, nor paid for under, the Government Employees' Training
(2) The rearrangement of tours of duty shall not result in
additional personal services costs to the agency.
(3) No premium
compensation shall be paid to an employee solely because his/her
special tour of duty, which is established under this authority,
results in his/her parking on a day or at a time of day for which
premium compensation is otherwise authorized. Further, an employee's
tour shall not be rescheduled for educational purposes if it would
cause the payment of premium pay to a supervisor because the
supervisor's tour must be changed in order to supervise the
employee.NOTE: The above does not preclude the payment
of premium pay in those cases where agency operations require
scheduled night shifts or other uncommon tours of duty. For example,
if a facility has scheduled night tours of duty for employees, night
differential way be paid to an employee who is reassigned to the
scheduled night shift so that he/she my take a day training course.
(4) An employee may not be scheduled to work more than 8 hours
in a day, except when there are longer tours of duty already
established for employees of the organization (e.g., 10-hour tours
(5) The rearrangement of the workweek should not
interfere with operating requirements of the employee's immediate
work situation, nor with the accomplishment of the work of the
(6) Completion of the courses should equip the employee
for more effective work in the agency. However, courses do not have
to be directly related to the employee's present duties.
time spent by the employee in taking such courses is not duty
status. The employee must have an established tour of duty of not
less than 40 hours.
(8) The nature of the employee's rearranged
tour of duty must be such that the employee can fully perform
his/her official duties without impairment or reduction of
(9) Adequate controls must be established to assure
that the employee works a full 40 hour
AGENCY RULES. The agency rules described below are supplementary
to the legal criteria contained in paragraph 30. Exceptions to the
rules may be authorized by officials with authority to establish or
modify tours of duty (paragraph 22, Figure 2-1) when required by
operating needs. Exceptions affecting air traffic control
specialists must be consistent with Federal Aviation Regulations in
title 14, CFR, and Order 7210.3F, Facility Operation and
a. The extent practical, and unless otherwise authorized, the
basic 40-hour workweek for each full-time FAA employee will consist
of five 8-hour days (exclusive of specified eating periods)
scheduled Monday through Friday, within an administrative workweek
of 7 consecutive calendar days beginning at 0000 Sunday and ending
at 2400 (midnight) on the following Saturday.
b. Written work schedules establishing new or revised tours of
duty must be prepared and made known to employees in advance by at
least 1 administrative workweek. Work schedules must show the
specific days of the week and hours of each day during which
employees are required to be on duty.
c. Tours of duty will not be changed arbitrarily. Insofar as
possible, employees will be notified at least 1 week in advance of
any change in their tours of duty.
d. Night shifts overlapping 2400. (midnight) shall not be
established unless operational needs clearly justify them. The hours
of duty of shifts overlapping midnight shall be credited to the
actual calendar day on which they occur.
e. Employees in organizational components with more than one tour
of duty should be afforded the opportunity to rotate among the
various shifts on an impartial and reasonable basis so that all
employees will share in assignments between less desirable and more
desirable tours of duty.
f. Employees in organizational components operating on a
7-day-a-week schedule should be assigned days off on a rotational
basis rather than on a fixed basis.
g. All overtime work should be distributed equitably, consistent
with management needs, but should not be required of employees when,
in the judgment of the supervisor, it my impair their health or
efficiency. Overtime work on the 7th day of the administrative
workweek may not be scheduled on a recurring basis but may be
authorized occasionally in response to urgent requirements.
Employees are obligated to work overtime when so directed.
h. In scheduling tours of duty for FAA employees, primary
emphasis must be placed on operational and management requirements
and on the most efficient utilization of manpower and facilities. To
the extent practical, equitable treatment of employees shall also be
an important consideration in scheduling tours of duty and assigning
employees to such tours.
i. Supervisors at facilities or field offices with rotating
shifts are encouraged to give favorable consideration to employee
interest in obtaining outside training which will be beneficial to
the agency, the employee, or both. It is the policy of the agency to
encourage employees to undertake program of self-development,
preparing themselves for more responsible positions in the agency
and supplementing specialized training provided through the agency.
A supervisor can facilitate outside training for an interested
employee by scheduling shift assignments to permit his/her
attendance during prescribed course hours, if this adjustment in
shift assignment does not impair the operation or have a
deteriorating effect on the employee's efficiency. The rules in
paragraph 30c apply in establishing special tours of duty for
educational purposes.32. - 39.
CHAPTER 4. STANDBY AND TELEPHONE AVAILABILITY
40 PURPOSE. This chapter contains the
regulations and agency instructions on the establishment and use of
standby tours of duty and those applicable to telephone availability
a. Standby Duty is a situation where an employee is
regularly required to remain physically confined at his/her post of
duty (or his/her home if it has been designated as his/her post of
duty) during a portion of his/her off-duty hours so that he/she can
lately proceed to report for work when needed. The agency is
authorized to pay an employee for standby duty. The two types of
standby tours used in FAA are:
(1) A period of 24 hours on duty and 24 hours off, with
schedules that could vary from 60 to 84 hours or more per week. In
FAA, firefighters typically work a tour of 24 hours on duty followed
by 24 hours off duty, and are usually scheduled for a 72 hour tour
(2) A regularly scheduled 40-hour workweek requiring
full-tine performance of actual work and a requirement to remain in
a standby status for a prescribed number of additional hours on
regular workdays or to perform standby duty on certain days not
included in the basic workweek.b. Scheduled Telephone
Availability is a situation where an employee must remain where
he/she can be reached by telephone during a portion of his/her
off-duty hours so that he/she can report for work within a
reasonable time when needed. He/she is not confined to his/her
station or home. The agency has no authority to pay an employee for
telephone availability.42. GENERAL
RULES. To the extent practical, employees are scheduled to work
a basic 40-hour workweek consisting of five 8 hour shifts followed
by 2 days off. In some circumstances, the nature of the agency's
activities requires the services of employees during periods outside
their basic workweek to perform work of an emergency nature. The
following practices shall be applied to cover emergency work
requirements which occur outside of an employee's normal duty hours.
The first practice which meets operational requirements in the order
of precedence listed below shall be utilized.
a. Unscheduled Telephone Availability. Employees will be
called at their homes, with the first qualified employee contacted
being asked to return to work. Employees will not be required to
remain at their horns or near a phone in this instance. The employee
who returns to perform unscheduled overtime work will be paid in
accordance with call-back overtime pay provisions (Order 3550.10,
b. Scheduled Telephone Availability. When necessary for
important aviation activities, employees may be required to remain
"available by telephone" during certain of their off-duty hours.
They do not have to stay at home, but they must leave a phone number
so that if called to do emergency work, they can be ready to work
and report to their worksite in a reasonable length of time. The
employee is not paid for the time spent in a telephone availability
status, but is paid under the provisions of Order 3550.10, paragraph
33, if he/she is called back to work.
c. Standby Duty. Officials cited in paragraph 22, Figure
2-1, may establish a tour of duty for specific personnel or
organizational segments that includes regularly scheduled standby
duty beyond the scheduled 40 hour workweek when operational
requirements indicate that such a schedule is necessary and meets
the regulatory requirements in paragraph 43.
(1) Delegation of Authority. Normally, the delegation of
authority to establish standby tours of duty shall be retained by
those officials cited in paragraph 22, Figure 2-1. Any redelegation
should be limited to assure compliance with restrictions imposed by
law and regulations.
(2) Approval of Premium Pay. The
official having authority to establish standby tours of duty is
authorized to approve premium pay on an annual basis for regularly
scheduled standby duty situations which fit within the formula shown
in paragraph 113a of Order 3550.10, Pay Administration (General).
Any regularly scheduled standby duty situation that does not meet
the formula must be submitted to the OPM for approval. Such
situations shall be submitted through channels to APT for review and
transmittal to the OPM. Agency instructions for approving and
documenting premium pay for standby duty are in Order 3550.10,
chapter 2, section 9.
(3) Premium Pay for Standby Duty.
Employees required to stand by will be compensated in accordance
with the regulations in Order 3550.10, Pay Administration (General),
chapter 2, section 9.43.
AUTHORITY AND REQUIREMENTS FOR ESTABLISHING STANDBY TOURS.
Management officials cited in paragraph 22, Figure 2-1, may
establish a hour of duty for specific personnel or organizational
segments that includes regularly scheduled standby duty beyond the
scheduled 40 hour workweek when operational requirements indicate
that such a schedule is necessary and when the regulatory
requirement that an employee "regularly remain at, or within the
confines of his/her station" meets all of the conditions below (see
also Order 3550.10, paragraph 112).
a. The requirement must be definite and the employee must be
officially ordered to remain at his/her station. The employee's
remaining at his/her station must not be merely voluntary,
desirable, or a result of geographic isolation, or solely because
the employee lives on the grounds.
b. The hours during which the requirement is operative must be
included in the employee's tour of duty. This tour of duty must be
established on a regularly recurring basis over a substantial period
of time, generally at least a few months. The requirement must not
be occasional, irregular, or for a brief period.
c. The requirement must be associated with the regularly assigned
duties of the employee's job.44.
a. Request for Establishment of Standby Tours.
Supervisors requiring standby tours should submit a request to the
official having authority to approve such tours. The request should
b. Approval of Standby Tours. The official having
authority to approve the tour and the payment of standby pay will
have the request reviewed and have the appropriate pay rate
determined or recommended by the servicing personnel office. The
(1) Approve the establishment of the tour and the payment if
the situation falls within those already approved by OPM and meets
the requirements of Order 3550.10, paragraph 112, chapter 2, section
- A statement that the standby tour is necessary, that it is
in addition to the employee’s basic workweek, and that the
employee will be confined to his/her duty station or quarters
during the standby duty.
(2) The hours of the tour,
including both the hours during which actual work is required
and the hours to be spent in a standby status, for each day of
(3) The average weekly number of hours in
standby status for each employee involved.
(4) An estimate
of the number of hours of call-back overtime pay, regularly
scheduled overtime pay, night differential, holiday pay, and
Sunday premium pay which the employee would earn during
his/her regular workweek and standby tour if he/she were paid
by this method instead of by an annual premium. These
estimates may be made from a review of previous accounting
(5) The number, names, and grade levels of
employees who will share in the standby duty coverage.
A recommended percentage of annual premium pay.
(2) For those situations not already approved by OPM,
forward the request through channels to APT for transmittal to OPM.
Each request must include all of the items described in subparagraph
44a.c. Documentation of Standby Tours and Pay. Men
approval has been granted for the establishment of the tour and the
percentage of annual premium pay, the servicing personnel office
(1) Document the description for the position involved to show
the additional post of duty and the requirement for confinement.
(2) Issue a Standard Form 50 (SF-50), Notification of Personnel
Action, documenting the post of duty and the pay change authorized
for each employee involved. The SF-50 will serve as notification to
the accounting or payroll office.
(3) Notify the supervisor of
the effective date of the SF-50 on which the tour is to be
established and payment authorized.d. Establishment
of Tour. On receipt of the notification from the servicing
personnel office, the supervisor shall establish the tour to be
effective on the effective date of the SF-50.
e. Changes in Standby Tours. If the number of standby
hours per week is changed, or if the number of employees used to
cover a specific standby situation changes, the annual premium for
each employee may change. Therefore, before such changes are made,
the supervisor must notify the approving official that he/she wishes
to make the change. The procedures in subparagraphs 44a through 44d
must then be followed for each requested change. Such changes should
be held to a minimum. It should be noted that the reduction or
discontinuation of annual premium pay for standby duty does
not constitute an adverse action.
f. Temporary Absence From Standby Assignment. Supervisors
must notify the appropriate payroll office of absences on detail or
training (see Order 3550.10, subparagraphs 114a, b and c).
g. Discontinuation of Standby Tours. Supervisors must
notify approving officials any tune an established standby- tour is
found to no longer be necessary. Existing standby tours must be
reviewed at least annually by the approving authority to determine
whether the requirement for them still exists.45. - 49. RESERVED.
CHAPTER 5. FIRST 40-HOUR TOUR OF DUTY
50. GENERAL. This chapter contains the
criteria and rules that apply to establishing and controlling first
40-hour tours of duty, and special rules governing the earning,
crediting, and granting of applicable pay, leave, and holiday
entitlements for employees on such tours.
a. Definition. A first 40-hour tour is one in which the
employee has no fixed (scheduled) hours or days in the week on which
he/she is required to work. The employee may be required to work at
any hour, or on any day, in an administrative workweek which begins
at 0000 hours Sunday and ends at 2400 hours (midnight) the following
Saturday. (First 40-hour tours were formerly called irregular
b. Management Considerations. The establishment of a first
40-hour tour poses certain administrative problems for the agency
and personal inconveniences for employees such as:
(1) The employee cannot anticipate in advance the hours that
he/she will work. The employee must report to work when needed and,
consequently, may have personal plans disrupted.
employee will be charged compensatory time off, annual leave, or
leave without pay if he/she is prevented for any reason from
completing the basic 40-hour workweek within 6 days of the
administrative workweek, Sunday through
The instructions in this chapter apply to full-time General
Schedule, Federal Wage System, and Merit Pay employees.
52. BASIC AUTHORITY.
a. The law (5 U.S.C. 6101(a)(2)) provides that the head
of each agency shall establish a basic workweek of 40 hours for each
full-time employee and requires that the hours of work within the
basic workweek be performed within 6 days of the administrative
workweek. There are no exceptions permitted.
b. Section 610.111(b) of 5 CFR provides: "When it is
impracticable to prescribe a regular schedule of de: of duty for
each workday of a regular scheduled administrative workweek, the
head of a department may establish the first 40 hours of duty
performed within a period of not more than 6 days of the
administrative workweek as the basic workweek, and additional hours
of officially ordered or approved duty within the administrative
workweek are overtime work."53.
CRITERIA FOR ESTABLISHMENT OF FIRST 40-HOUR TOURS.
(Replaced by PRIB 11)
54. OFFICIALS AUTHORIZED TO ESTABLISH FIRST
(Replaced by PRIB 11)
55. RESPONSIBILITIES OF SUPERVISORS AND
a. Supervisors. Supervisors are responsible for:
(1) Effectively controlling work assignments and hours of duty
to insure that employees work a full 40-hour within a period of not
more than 6 days of the administrative workweek, and that "short
workweeks" do not occur. Should a first 40-hour employee be
prevented from completing his/her basic 40-hour workweek, the
employee must be charged either earned compensatory time off, annual
leave, or leave without pay in order to complete the basic 40 hour
(2) Assuring that time and attendance reports for
these employees are clearly and properly documented to reflect their
actual work and leave status.
(3) Periodically reviewing the
hours of work performed by employees to determine the necessity for
the continuation of such tours. Mere seasonal or intermittent
situations occur that warrant the establishment of a first 40-hour
tour, employees shall be returned to a regularly scheduled workweek
when possible.b. Approving Officials. The
official authorized to approve first 40 hour tours shall maintain
complete documentation supporting the establishment of such tours
for each individual case and notify the payroll office whenever a
first 40-hour tour is established or is discontinued.
c. Servicing Personnel Office. (Replace by PRIB
11)56. PROCEDURES AND
a. Tours which DO NOT EXCEED the minimum of 2 consecutive pay
periods may be established by supervisors to whom this authority has
been delegated or redelegated by signing the Time and Attendance
b. Tours for periods IN EXCESS OF 2 pay periods must be requested
in writing by the appropriate management official to whom such
authority has been delegated and forwarded to the servicing
personnel office for concurrence prior to implementation and
notification of the payroll office. Requests for authorizations must
include the following information:
(1) Names, titles, and grades of individual employees affected,
or identification of an entire occupational grouping or
organizational unit, as appropriate, such as all technical employees
of a particular unit.57.
ADMINISTRATION OF PAY, LEAVE, AND HOLIDAYS.
a. Basic Workweek. When a first 40-hour tour is
authorized, the first 40 hours in a pay status (including, as
appropriate, hours worked, creditable holiday absence, and
compensatory time and/or leave) will constitute the employee's basic
workweek. Work performed in excess of 40 hours within the
administrative workweek is treated as overtime or compensatory time
as appropriate. All work performed by an employee within the first
40 hours is considered regularly scheduled work for premium pay and
hours of duty purposes.
NOTE: See Order 3550.10, paragraph 90, for instructions on
eligibility for holiday benefits for first 40 hour employees.
b. Travel Status.
(1) Time in travel status (but not travel from home to office
or point of departure or vice versa), as well as some forms of
"waiting time" as described in (2) below, can be considered as duty
status when they occur during the first 40-hours of the
administrative workweek of an employee on such a tour. However, not
more than 8 hours of ordinary travel and/or "waiting time" may be
credited in any 1 day. (See 3550.10, chapter 2, section 3, for an
explanation of travel time and premium pay.)
"waiting time" way include time required in meting connecting
flights after having departed from the regular post-of-duty
(3) After the completion of 40 hours in the
administrative workweek, travel time is compensable ONLY if the
travel is considered duty status under the provisions of Order
3550.10, paragraphs 45 and 46 or appendix 10, section
8.c. Eating Periods. For time and attendance
reporting purposes, the work hour's recorded for irregular workweek
employees for each day worked will include the lunch or other eating
period. If a lunch or other eating period is taken, it will be
recorded in the appropriate columns on the Time and Attendance
Report. If a meal period or periods are not recorded, the employee
will be credited with the work hours recorded for that day.
Employees will report more than one eating period being used when
this is necessary; e.g., during extended workdays. The precise
beginning and ending time of the meal period will be recorded and
that amount of time will be deducted for each eating period.
(1) All officially authorized leave and compensatory time off
shall be recorded on the Time and Attendance Report for that part of
the day or week in which actually used, and shall be counted toward
completion of an employee's 40-hour basic workweek.
(2) As a
special requirement, annual leave, compensatory time off, and sick
leave which is used for any medical or dental treatment or
examination which can be scheduled in advance, may be credited
toward completion of an employee's basic workweek only where
specific written approval of such leave on an SF-71, Application for
Leave, occurred before the leave is used.
(3) Not more than 8
hours of leave, or compensatory time off will be charged for any 1
calendar day. Days of absence due to military or court leave will be
considered as 8-hour days for purposes of computing the employee's
40-hour basic workweek.
(4) For purposes of granting excused
absence, the policies set forth in Order 3600.4, chapter 7, are
applicable to first 40-hour employees. It should be noted that
excused absence must not be recorded on the Time and Attendance
Report if it will cause the employee to earn overtime or
compensatory time.e. Premium Pay Entitlement. All
work performed by an employee within the first 40 hours is
considered "regularly scheduled work" for premium pay and hours of
duty purposes. Therefore, first 40-hour employees normally are
entitled to any appropriate premium pay during the first 40 hours
worked (see Order 3550.10, paragraph 60).58. - 59. RESERVED.
CHAPTER 6. ADMINISTRATION OF SPECIAL
60. LUNCH OR EQUIVALENT EATING PERIODS.
a. Reasonable Lunch Periods shall be established for
employees unless prevented by shift requirements or other operating
considerations inherent in the work situation.
b. No Compensation for Duty-free Eating Periods. Lunch
periods (or other equivalent eating periods on night tours) during
which the employee is entirely free from duty connected with
his,/her job, may not be considered, or compensated for, as duty
c. Eating Periods while on Duty. Officials with authority
to establish or modify tours of duty may determine that a very short
break for lunch may be counted as time worked for which compensation
is paid when the work situation is such that the employee cannot
leave the immediate work area. When an employee is paid for brief
on-the-job lunch breaks, he/she must spend time at, or in close
proximity to (when, for instances, safety or operational factors do
not allow the presence of food or drink in the immediate vicinity of
equipment) the work area where he/she performs his/her regular
duties, and be immediately available for duty.61. DAYLIGHT SAVINGS TIME.
a. Change to Daylight Savings Time. Officials cited in
paragraph 22, Figure 2-1, shall use either one of the following
rules when daylight savings time goes into effect. However, such
officials must document their decisions and advise the servicing
accounting office as to the rule followed.
(1) Employees working shifts during the change are considered
on duty for the normal number of hours of that shift, PROVIDED the
hour lost is charged to annual leave (or to earned compensatory time
or sick leave if appropriate). The agency shall NOT grant excused
absence for the hour lost (57 Comp. Gen. 429). If no charge is made
to leave, pay is allowed ONLY for the actual number of hours worked.
When leave is charged, the Time and Attendance Report must be
documented to show that the leave charge is attributed to the change
from standard to daylight savings time.
(2) Employees may be
scheduled by supervisors to work an additional hour after the end of
their normal shift on the day of the change to daylight savings time
in order to maintain a full 8-hour tour and normal pay (57 Comp.
Gen. 429). In this situation, the hour lost when daylight savings
time goes into effect shall NOT be charged to annual leave or to
earned compensatory time, and it shall NOT be shown as excused
absence. Remarks on the Time and Attendance Report shall show "one
hour lost on change to DST, the date, and the actual hours worked;"
e.g., 0000 to 0900.NOTE: Comp. Gen. decisions on the
change to Daylight Savings Time are as follows: 26 Comp. Gen. 921;
53 Comp. Gen. 292; 56 Comp. Gen. 858; and 57 Comp. Gen. 429.
b. Change Back to Standard Time. When the change back to
standard time goes into effect, employees working shifts during the
change will be credited with, and payment made for, the actual
number of hours worked.62. SHIFTS
OVERLAPPING MIDNIGHT. Shifts overlapping midnight shall not be
utilized unless operational needs clearly justify such shifts. The
hours of duty of shifts overlapping midnight shall be credited to
the actual calendar day on which they occur. The requirement that
the hours of such tours be recorded to the day actually worked is in
accordance with the instructions of the Comp. Gen. (Unpublished
decision B-168323, dated December 22, 1969). Management officials or
others to whom authority has been delegated to establish workweeks
shall assure that the basic 40 hour workweek is scheduled within the
administrative workweek beginning at 0000 hours Sunday and ending at
2400 hours (midnight) on the following Saturday.
63. INTERNATIONAL DATELINE. An employee's
basic pay should not be increased or decreased when he/she crosses
the International Dateline. If he/she travels in a duty status
westward across the International Dateline, he/she should be paid
for the "lost" day. when he/she travels eastward across the
International Dateline in a duty status he/she should not be excused
from work or given additional pay for the day "gained" even though
he/she must work on the extra day (48 Comp. Gen. 233 and 49 Comp.
64. - 69. RESERVED.
APPENDIX 1. FLEXITIME
1. PURPOSE. This appendix supplements Order DOT 3600.6 and
establishes the guidance and procedures governing the implementation
of flexitime within the FAA, delineates program responsibilities,
and identifies program requirements.
2. DESCRIPTION. Flexitime is a method of scheduling work
which permits employees, within certain management restraints, to
select the starting and quitting time of their basic workday. Under
such a system, the workday is split into two distinct kinds of time,
CORE TIME and FLEXIBLE TIME. CORE TIME is that portion of the day,
designated by management, during which all employees must be present
for work. FLEXIBLE TIME is that portion of the day, designated by
management, during which employees may choose the times of arrival
and departure from the office. Although the specific schedules may
vary from pay period to pay period, a full-time employee is still
obligated to work the minimum 8 hours a day and a 40-hour workweek,
or a lesser number of hours in the case of a part-time employee.
3. CONTINUATION OF PRESENT WORKWEEKS AND HOURS OF DUTY.
The instructions in this appendix apply only to the establishment of
the alternative scheduling practice of flexitime. All other basic
work and hours of duty established under existing authority
contained in this order remain unchanged.
4. ADOPTION OF DOT FLEXITIME ORDER. Unless there are
specific instructions to the contrary, all policies and procedures
in the Order DOT 3600.6, Flexitime, are applicable to flexitime
programs established in the FAA. Definitions and terms in Order DOT
3600.6 will retain the same meanings in the agency's supplementary
guidance on flexitime. The DOT Order is appendix 2.
5. CONDITIONS AND LIMITATIONS. Subject to the limitations
in this paragraph and in paragraph 7, it is the policy of the FAA to
permit establishment of flexitime tours when approved by an official
shown in paragraph 6 of this appendix. In establishing such tours,
the following guidelines must be observed:
a. Employee participation in flexitime programs is voluntary.
An employee may request a tour of duty which differs from the
official business hours of the place of employment, but an employee
may not be required to work a flexitime tour. Once an employee
selects a flexitime tour and it is approved, the employee may,
within limitations which management directs, elect at some later
time to withdraw from participation. Flexitime tours may be changed
as frequently as once every 2 weeks but such changes must start at
the beginning of a pay period and no changes are permitted within a
b. Management officials have the right to limit employee
participation in flexitime program and the degree of flexibility
which the employee may exercise. Supervisors, therefore, retain the
authority and responsibility to. insure that work is performed in an
efficient, effective, and economical manner. Operational needs in a
particular office may prevent all or some employees' participation
in flexitime programs.
c. Management officials must assure that adequate supervision is
provided during the designated core time and portions of the
expanded working day in those areas or offices where continuous
supervision is necessary to carry on the work of the organization.
d. Flexitime tours must not hinder the operations of the agency.
Flexitime tours that would be detrimental to the operations of the
agency or to the operations of other offices must not be approved.
Approval of a flexitime tour may be withdrawn if the tour is later
shown to adversely impact the operations of the agency. More
flexitime tours have been approved, offices must be open and provide
adequate service during the normal business hours established for
e. The agency shall not incur any additional cost for salaries
(including premium pay) as a result of the establishment of
flexitime tours. Therefore, flexitime tours which permit nonrotating
shift employees (or other employees who normally work a day shift)
to begin a tour of duty before 6:00 a.m. or end a tour after 6:00
p.m. will not be approved.
f. There must be a written description of all flexitime programs
developed for use within the FAA. All flexitime program must specify
the calendar days which constitute the basic 40-hour workweek,
working hours, the designated core times and flexible times (the
normal business hours may also be shown). The description of the
program should also include: the number and types of employees
eligible to participate in flexitime tours; how often changes in
flexitime tours may be made; management rights and responsibilities;
employee rights and responsibilities; evaluation methods and
evaluation time frames; methods of accounting for and assuring the
proper recording of the hours that employees work; and any other
information pertinent to the administration of the particular
flexitime program. In all cases, the program must show that
employees will be able to perform a normal 8-hour tour of duty
within the designated working hours.
g. Each employing jurisdiction that establishes flexitime tours
must distribute written material which describes the specifics of
its program to all employees. Information, such as that discussed in
paragraph 5f of this appendix, with the exception of the evaluation
methods and time frames, must be included in the material which is
developed for this purpose.
h. The establishment of flexitime programs is subject to
obligations of the Federal labor management relations program.
Therefore, management is obligated to notify, consult, or negotiate,
as appropriate, with recognized unions prior to the implementation
of a flexitime program. Program in the Washington, DC, Metropolitan
area are subject to the same requirement; however, such flexitime
program are also subject to the prior approval of the Assistant
Secretary for Administration, CST. Therefore, discussions with
unions about Washington, DC Metropolitan area flexitime plans are
tentative. In offices where union involvement is not present, it is
recommended that informal employee/management groups be included in
flexitime planning discussions.6.
RESPONSIBILITIES OF AUTHORIZING OFFICIALS.
a. Management Officials cited below in Figure 1-1 have
the primary authority to establish or modify flexitime tours of duty
for employees under their jurisdiction in conformance with the
provisions of this appendix.
FIGURE 1-1. OFFICIALS HAVING PRIMARY AUTHORITY TO
ESTABLISH OR MODIFY FLEXITIME TOUR OF DUTY
NOTE: Requests for flexitime programs for employees in the
Washington, DC, Metropolitan area and for employees of tenant
organizations at the Aeronautical Center and Technical Center must
be routed through the servicing personnel offices prior to
submission to the Associate Administrator for Administration.
|Associate Administrator for
Administration (subject to prior approval of Assistant
Secretary for Administration - OST)
||All employees on Washington Office
rolls, including employees of FAA tenant organizations at the
Aeronautical Center and Technical Center; employees at foreign
posts not part of the Office of International Aviation's
technical assistance missions (except as provided below);
employees of the Metropolitan Washington Airports; regional
employees located in the Washington, DC, Metropolitan
|Region and Center Directors
||Employees of their respective
region or center or those employees detailed there, excluding
employees of tenant organizations and those located in the
Washington, DC, Metropolitan area.|
|Director, Europe, Africa, and
||Employees within his/her employing
|Director, Office of International
||Employees located overseas with
Civil Aviation Assistance Groups.|
b. Officials to Whom Authority is Redelegated.
(1) Authority to establish flexitime program in the Washington,
DC, Metropolitan area may NOT be redelegated.
(2) Officials of
other jurisdictions may redelegate all or any part of authority.
However, care must be taken to insure adequate control and review of
flexitime programs.7. PROGRAM
REQUIREMENTS AND LIMITATIONS.
a. Officials authorized to establish and approve flexitime
tours will establish the core hours and the flexible hours which
will be maintained by those offices under their jurisdiction
utilizing flexitime tours. Flexitime tours may not be implemented
unless the core hours and the flexible hours for the locality in
question have been established. The working hours (core hours plus
flexible hours) must remain the same for each day within a pay
period. No region's core hours shall interfere with the conduct of
business between Headquarters and the region, or with the conduct of
business among the regions or with the general public.
b. The hours during which an employee's work is scheduled to be
performed may vary from pay period to pay period, but must remain
constant within the pay period. That is, it would be possible for an
employee's 8 hours of work to begin at 0730 Monday through Friday
for a 2 period, and the following 2 week period the employee could
be scheduled to begin work at 0830 Monday through Friday. The
employee may not change the starting and quitting times of the
workday on a daily basis.
c. A full-time employee must work 8 hours in each of the workdays
in a week. Hours may not be adjusted so that an employee works 6
hours on 1 day and 10 hours on another day. Except where employees
and Federal agencies are participating in special compressed work
schedule programs conducted under section 6122 or 6127 of title 5,
U.S.C., current laws do not permit this distribution of work without
charge to leave on one day and payment of overtime on the other.
Similarly, the workweek may not be compressed into fewer days; e.g.,
a workweek of four 10-hour days, purely for flexitime purposes.
d. A full-time employee must work 40 hours at basic rates in each
administrative workweek. (In FAA, the administrative workweek starts
at 0000 Sunday and ends at 2400 on Saturday.) If flexitime-tours are
established in facilities having an around-the-clock, 7-days-a-week
operation, care must be taken to assure that flexitime tours do not
result in situations such as an employee working 39 and one-half
hours in 1 administrative workweek and 40 and one-half hours in the
next administrative workweek. (Paragraph 62 of this order states:
"Night shifts overlapping midnight shall be credited to the actual
calendar day on which they occur.")
e. Establishment of flexitime tours must not increase the total
premium pay for any office or installation. Care should be taken to
assure that the changed tours do not encourage or result in
nonexempt employees working "suffered or Remitted" overtime, which
is compensable under the FLSA.
f. If flexitime tours are established in facilities having an
around-the-clock, 7-days-a-week operation, care must be taken to
assure that flexitime tours do not result in having to make payment
for more than one Sunday shift for an employee.
g. If tours for GS employees cross 0600 or 1800 hours, care must
be taken to assure that amounts of night differential are not
h. For Wage employees, the night shift differential is paid for
the entire shift when the majority of hours, meaning a number of
whole hours greater than one-half (including meal breaks), falls
within the specified night shift period. Care must be taken to
assure that any changes in tours do not result in an increase or
decrease in the employee's shift differential.
i. If an employee requests a tour that will decrease the night
differential being earned, states in writing that this decrease is
understood and agrees to the decrease in the differential, such
tours may be established if operations permit and the tour is
j. Duty-free and noncompensable eating periods (or lunch periods)
are normally half an hour in administrative situations. These
duty-free and noncompensable eating periods may be made longer under
flexitime programs. However, the longer eating period, if elected,
is not counted as hours of work. For example, an employee works from
0830 to 1130 and breaks for lunch from 1130 to 1300. In order to
complete the 8-hour day (without using leave) the employee would
have to work from 1300 to 1800. The longer eating periods, however,
may not be used in situations regulated by paragraph 60c. Changes in
the length of the eating period may vary from pay period to pay
period, but the length must remain constant within the pay period.
k. Multiple breaks in the workday are not permitted. That is, an
employee may not choose to work from 0600 to 0800, leave the office
from 0800 to 1000, return to work from 1000 to 1400, leave again
from 1400 to 1500, and return later to complete his/her 8-hour day.
l. The introduction of flexitime does not affect an employee's
right to annual or sick leave during either the core time band(s) or
during the flexible time bands.
m. Until the Order 3600.4, Absence and Leave, is revised to cover
excused absences for employees on flexitime tours, the instructions
in C-3b(2) and (3) of FPM Letter No. 610-5 must be applied in
approving excused absences for hazardous weather conditions and for
registration and voting.8. RECORDS. Each
region and center (and FAA headquarters, if applicable) utilizing
flexitime tours must develop and approve system of recording hours.
These way vary with the type of office, facility, or installation
but must have the approval of the official to whom the authority to
implement flexitime has been delegated. While daily sign-in/sign-out
records or logs may be used to document the times worked by
employees on flexitime, the sign-in/sign-out record is NOT to be
considered as any part of the official Time and Attendance Report.
Examples of acceptable time accounting systems and of possible time
form are included in Order DOT 3600.6 (appendix 2).
9. EVALUATIONS AND REPORTS.
a. Each official delegated the authority to implement flexitime
in each region and center (and FAA headquarters, if applicable)
utilizing flexitime tours shall evaluate the impact of flexitime on
the organization 6 months and I year after implementation in
accordance with paragraph 7e, of Order DOT 3600.6 (appendix 2).
b. Evaluation reports of regions and centers should be reviewed
by management and retained for possible future use by the regions or
centers, headquarters, or Office of the Secretary. Evaluation
reports of FAA headquarters should be prepared for transmittal to
the Assistant Secretary for Administration, OST, for the signature
of the Associate Administrator for Administration.
Department of Transportation
Office of the
1. PURPOSE. This Order establishes the policies and
procedures governing the implementation of flexitime within the
Department of Transportation (DOT), delineates Program
responsibilities and identifies minimum program requirements.
a. Implementation of any flexitime program within the
Department is optional and should only be undertaken after careful
advance planning and good employee communication. Flexitime programs
are established in order to improve both the services provided by
the Department and the quality of life for employees.
b. Subject to the approval of the Assistant Secretary for
Administration, the decision to implement flexitime programs in the
Washington Metropolitan Area is at the discretion of the heads of
operating elements for their respective organizations. The decision
to implement flexitime programs in a field office is solely at the
discretion of the heads of operating elements, unless otherwise
c. It is recognized that, due to the diverse nature of work
performed in the Department and the widely varying conditions under
which it is Performed, flexitime will not be adaptable to certain
d. Establishment of flexitime programs is subject to the
obligations under the Federal labor management relations program as
well as existing negotiated agreements under Executive Order 11491,
as amended.3. BACKGROUND.
a. The Code of Federal Regulations (Title 41, Section
101.20.113 of August 16, 1976) requires that most changes in
official hours of duty in the Washington Metropolitan Area be
submitted for approval to the General Services Administration (GSA),
prior to implementation. It is anticipated that all DOT flexitime
programs in the Washington Metropolitan Area will require this GSA
approval. The Assistant Secretary for Administration will submit all
such departmental requests to GSA (See Paragraphs 5.a.(3) and
b. GSA, in approving a proposal to change hours of duty is guided
by the overall policy of maintaining a system of staggered hours of
duty in Metropolitan Washington. Depending upon the nature of the
request GSA may coordinate the proposal with appropriate agencies of
the District of Columbia, Virginia, and Maryland, and with the
public transportation system. This is done to ensure that the
change, if adopted would not cause additional congestion,
unacceptable transportation demands, or otherwise disrupt normal
traffic flow patterns.4. DEFINITIONS.
a. Flexitime. A work scheduling concept in which fixed
times of arrival and departure are replaced by two different types
of time: core time and flexible time.
b. Core Time. That portion of the day, designated by
management, during which all employees must be present for work.
c. Flexible Time. That portion of the day, designated by
management, during which employees may choose times of arrival and
departure from the office.
d. Working Hours. All the hours in the day during which
employees may work. Working hours consist of both core time and
e. Washington, DC, Metropolitan Area. For the purpose of
this Order, this area includes the District of Columbia; Montgomery,
Prince George’s, and Charles Counties in Maryland; Arlington,
Fairfax, Loudoun, and Prince William Counties and the Cities of
Alexandria, Falls Church, and Fairfax in Virginia.5.
a. The Assistant Secretary for Administration.
(1) Establishes policies and standards that will assure all
flexitime programs meet Civil Service Commission (CSC) regulations
and contribute to the management objectives of DOT.
and gives Departmental approval to all requests from the operating
elements and the Office of the Secretary (OST) to implement
flexitime programs within the Washington Metropolitan Area.
Serves as the primary contact point with CSC and GSA on matters
pertaining to flexitime.
(4) Issues a policy statement and any
required guidelines on the implementation of flexitime programs
within OST for the Washington Metropolitan Area and field offices.
(5) Serves as a clearinghouse for information on all DOT
flexitime programs in the Washington Metropolitan
Area.b. Operating Elements.
(1) Issue a policy statement and any required guidelines on the
implementation of flexitime programs for the Washington Metropolitan
Area and field offices.
(2) Each operating element electing to
implement a flexitime program will do so in accordance with this
Order and appropriate CSC regulations.6.
a. Washington, D. C. Metropolitan Area.
(1) In order to avoid a proliferation of uncontrolled flexitime
programs, all proposals to implement flexitime must be submitted
prior to implementation, to the Assistant Secretary for
Administration for review and approval and subsequent coordination
(2) All proposals to implement a flexitime program
must include the proposed flexitime model, specifying the core and
flexible times, and the numbers of employees affected. The
originating office may also be requested to provide additional
information, such as geographic distribution of the employees
(3) The Assistant Secretary for Administration will
promptly notify the requesting office of any action taken on the
proposal.b. Field Locations Implementation of flexitime
programs in field offices outside of the Washington Metropolitan
Area will be in accordance with the policy and guidelines
established by the appropriate headquarters office.7.
MINIMUM PROGRAM REQUIREMENTS. All flexitime programs
developed in the Department of Transportation must include, as a
minimum, the following:
a. Description. A written description must be developed
for the flexitime program, i.e. the working hours, designated core
times, flexible times. Current regulations make it advisable to
restrict the working hours to the period between 6 a.m. and 6 p.m.
General Schedule employees scheduled to work before 6 a.m. or after
6 p.m. are entitled to a night shift differential of 10%. Wage grade
employees are entitled to a 7 1/2% differential for shifts with a
majority of the hours between 3 p.m. and midnight, and a 10%
differential for shifts with a majority of the hours between 11 p.m.
and 8 a.m. The establishment of working hours that fall outside of
the period between 6 a.m. and 6 p.m. must be justified by the
operating element in terms of the higher costs which would be
b. Basic 8-hour day and 40-hour workweek. Provisions must
be established to insure that each full time employee works or
otherwise accounts for an 8-hour day and a 40-hour basic workweek;
calendar days constituting the basic workweek must be specified.
While the actual hours worked by individual employees during the
flexible time period may vary from day-to-day, the overall working
hours (consisting of flexible time and core time) must remain the
same for each day in the basic workweek.
c. Guidelines. Written guidelines, such as a handbook,
must be provided to all employees explaining the concept and ground
rules for the program.
d. Management Responsibility.
(1) Provisions must be established to insure management's right
to limit when required by program needs, an employee's option under
flexitime. A statement, such as the following, of management's
responsibility in this regard should be included in the written
instructions issued to all employees:
Supervisors retain the authority and responsibility to insure
that work is being performed in an efficient, effective, and
economical manner. This may mean that some employees will be unable
to participate in flexitime when there are overriding operational
reasons that prevent their participating.(2) Provisions
must be established to insure that adequate employee supervision is
maintained during the expanded working hours.e.
(1) Procedures must be established to evaluate the impact of
flexitime on the organization six months and one year after
(2) These evaluations will provide a basis on
which management will determine whether the flexitime program should
be continued, modified, or canceled. Such decisions are subject to
the obligations under the Federal labor-management relations
program, any existing negotiated agreements, or other understandings
reached in regard to implementation and continuation of flexitime
(3) Copies of all evaluations made on flexitime
programs in the Washington Metropolitan Area are to be forwarded
immediately upon completion to the Assistant Secretary for
(4) To the extent practical, information should
be obtained, both before and after implementation of flexitime, for
the following areas:
(a) Productivity. This would be indicated by employee
perceptions and management observations of productivity; mission
accomplishment; quantity and quality of work.
Morale. This would be indicated by absenteeism rates; turnover
rates; employee attitudes toward flexitime and working conditions;
and the overall impact of flexitime on the employee's daily life.
(c) Transportation/Energy Consumption. This would include
methods of transportation used; average commuting times; and levels
of energy consumption within the facility.f.
Time Accounting System. An approved system of recording hours
worked must be established. This in no way replaces current
Departmental timekeeping procedures or responsibilities. The
following methods of time accounting are acceptable:
(1)Sign In/Sign out Sheets. Each employee enters his/her
name and the time of arrival, departure or other exceptions to the
normal work day on a standardized form (See attachment). These would
generally be collected, on a daily basis, by the timekeeper.
(2)Time Clocks. The use of the traditional time clock,
that records the time of arrival and departure of an employee, may
be used in any geographic location except in the District of
Columbia. Section 6106 of title 5 prohibits the use of traditional
time clocks in the District of Columbia.
Accumulators. Several devices are available that provide a
record of the total number of hours worked in a day and in a week
and do not record times of arrival and departure of an
employee.g. Building Security and Operations.
Consideration must be given to the impact, if any of the flexitime
program on building security and building services (heating,
cooling, elevator, and parking).8. OVERTIME.
Flexitime in no way replaces or otherwise alters current Civil
Service Commission and Departmental regulations and procedures for
overtime. Flexitime does not diminish management's responsibility
for ordering or authorizing overtime work; however, extra
precautions must be taken to insure that employees covered by the
Fair Labor Standards Act do not work overtime, unless officially
9. COMPRESSED WORK SCHEDULES. Current legal restrictions
do not allow for compressed work schedules, e.g., 4-day workweek
with 10 hours per day.
FOR THE SECRETARY OF TRANSPORTATION:
Edward W. Scott, Jr.
Assistant Secretary for Administration
APPENDIX 2 - PAGE 1
FLEXTIME DAILY REPORT*
(See reverse for Privacy Act Notice)
worked beyond normal tours of duty must be approved in advance for
overtime compensation/credit for compensatory time.
EMPLOYEE NAME (To be completed in the order that
employees report to work
TOTAL HOURS WORKED
EMPLOYEE SIGNATURE (Certification of
APPENDIX 2 - PAGE 2
S A M P L E
PRIVACY ACT NOTICE FOR FLEXITIME DAILY
This information is provided pursuant to
Public Law 93-597 (Privacy Act of 1974), December 31, 1974, for
individuals on flexible work hours.
5 U.S.C. 6101
Purposes and Uses
Employees participating in the
Flexitime program will be required to enter their names and times of
arrival and departure and total hours worked. This report will in no
way replace Departmental timekeeping procedures or responsibilities,
i.e. timecards, etc. Timekeepers will receive informational copies
of the report. The information disclosed may also be furnished to
supervisors and to Departmental officials authorized to conduct
payroll activities or to statistically analyze the Flexitime
Effect of Nondisclosure
Disclosure of this information
is voluntary; however, failure to furnish the information may result
in the withholding of pay and termination of participation in the
FROM DOCUMENT: Order 3600.6, Workweeks and Hours of Duty
The following additional documents should be referred to as
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