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AHR Directives
Human Resource Management (AHR)
ORDER 3600.6
January 6, 1984

 SUBJ: WORK WEEKS AND HOURS OF DUTY

FORWARD
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.

/s/
H. R. Richardson
Acting Director of Personnel and Training


TABLE OF CONTENTS

CHAPTER 1. GENERAL
1. Purpose
2. Distribution
3. Cancellation
4. Explanation of Changes
5. Continuation of Present Workweeks and Hours of Duty
6. Relationship to Negotiated Agreements
7. Coverage
8. Responsibilities for Currency
9. Definitions
10.-19. Reserved

CHAPTER 2. HOURS OF DUTY
20. Official Hours
21. Staggered Hours in Metropolitan Washington Area
22. Responsibilities of Authorizing Officials
23. Responsibilities of Others
24. Students and Minors
25. Experts and Consultants
26. Medical Examinations at Agency Expense
27.-29. Reserved

CHAPTER 3. TOURS OF DUTY
30. Legal Criteria for Basic 40-Hour Workweeks and Tours of Duty
31. Supplementary Agency Rules
32.-39. Reserved

CHAPTER 4. STANDBY AND TELEPHONE AVAILABILITY STATUS
40. Purpose
41. Definitions
42. General Rules
43. Authority and Requirements for Establishing Standby Tours
44. Procedures
45.-49. Reserved

CHAPTER 5. FIRST 40-HOUR TOURS OF DUTY
50. General
51. Coverage
52. Basic Authority
53. Criteria for Establishment of First 40-Hour Tours
54. Officials Authorized to Establish First 40-Hour Tours
55. Responsibilities of Supervisors and Approving Officials
56. Procedures and Documentation
57. Administration of Pay, Leave, and Holidays
58. - 59. Reserved

CHAPTER 6. ADMINISTRATION OF SPECIAL SITUATIONS
60. Lunch or Equivalent Eating Periods
61. Daylight Savings Time
62. Shifts overlapping Midnight
63. International Dateline
64.-69. Reserved

APPENDIX 1. FLEXITIME
APPENDIX 2. ORDER DOT 3600.6, FLEXITIME


CHAPTER 1.

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.

3. CANCELLATION.

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 (paragraph 57c).

(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.

9. DEFINITIONS.

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 following Saturday.

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 employees."

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. RESERVED.


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 services.

21. STAGGERED HOUR IN METROPOLITAN WASHINGTON AREA.

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.
(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.

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 offices.

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
Responsible Official
Jurisdiction
Associate Administrator for Administration 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 below).
Regional and Center Directors Employees of their respective regions or centers or those employees detailed there (except employees of tenant organizations).
Director, Metropolitan Washington Airports Employees of Washington National Airport and Dulles International Airport.
Director, Europe, Africa, and Middle East Office Employees within his/her jurisdiction.
Director, Office of International Aviation Employees located overseas with Civil Aviation Assistance Groups.
  (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 involved.
(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.
2 Prevailing hours of duty established by other major US agency employers at the post.
3 Local 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 status.

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.
(2) Assignments 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.
(6) 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 work requirements.
(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 this authority: (1) The authority applies to training courses which are not covered by, nor paid for under, the Government Employees' Training Act.
(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 of duty).
(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 agency.
(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.
(7) The 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 efficiency.
(9) Adequate controls must be established to assure that the employee works a full 40 hour workweek.
31. SUPPLEMENTARY 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 Administration. 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. RESERVED.


CHAPTER 4. STANDBY AND TELEPHONE AVAILABILITY STATUS

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 status.

41. DEFINITIONS.

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 each week.
(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, paragraph 33).

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. PROCEDURES. 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 include:
      1. 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 the workweek.
        (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 records.
        (5) The number, names, and grade levels of employees who will share in the standby duty coverage.
        (6) A recommended percentage of annual premium pay.
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 official will: (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 9; or
(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 will: (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 workweeks.)

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.
(2) The 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 Saturday.
51. COVERAGE. 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 40-HOUR TOURS.
(Replaced by PRIB 11)

55. RESPONSIBILITIES OF SUPERVISORS AND APPROVING OFFICIALS.

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 workweek.
(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 DOCUMENTATION. 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 Report.

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.)
(2) Creditable "waiting time" way include time required in meting connecting flights after having departed from the regular post-of-duty location.
(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.

d. Leave.

(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 SITUATIONS

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 time.

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. Gen. 329).

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 pay period.

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 that office.

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
Responsible Official
Jurisdiction
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 area.
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 Middle East Employees within his/her employing jurisdiction.
Director, Office of International Aviation Employees located overseas with Civil Aviation Assistance Groups.
  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.

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 affected.

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 approved.

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.


APPENDIX 2

DOT 3600.6
Department of Transportation
Office of the Secretary
Washington, DC
1-13-78

SUBJECT: FLEXITIME

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.

2. POLICY.

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 redelegated.

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 work situations.

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 6.a.(l)).

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 flexible time.

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. PROGRAM RESPONSIBILITIES. 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.
(2) Reviews 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.
(3) 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. PROGRAM IMPLEMENTATION. 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 with GSA.
(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 affected.
(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 generated.

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. Evaluations. (1) Procedures must be established to evaluate the impact of flexitime on the organization six months and one year after implementation.
(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 programs.
(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 Administration.
(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.
(b) Employee 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.
(3)Time 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 ordered.

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
ATTACHMENT 1
FLEXTIME DAILY REPORT*
(See reverse for Privacy Act Notice)

______________________________________________________________________

Organization Date
EMPLOYEE NAME (To be completed in the order that employees report to work
 
 
 
TIME IN
 
 
 
TIME OUT
 
 
TOTAL HOURS WORKED
 
 
 
 
AL
 
 
 
 
SL
 
EMPLOYEE SIGNATURE (Certification of correctness)
1.            
2.            
3.            
4.            
5.            
6.            
7.            
8.            
9.            
10.            
11.            
12.            
13.            
14.            
15.            
*Hours worked beyond normal tours of duty must be approved in advance for overtime compensation/credit for compensatory time.


APPENDIX 2 - PAGE 2
ATTACHMENT 1
S A M P L E
PRIVACY ACT NOTICE FOR FLEXITIME DAILY REPORT

General
This information is provided pursuant to Public Law 93-597 (Privacy Act of 1974), December 31, 1974, for individuals on flexible work hours.

Authority
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 program.

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 Flexitime program.

FROM DOCUMENT: Order 3600.6, Workweeks and Hours of Duty

The following additional documents should be referred to as guidance:
Number Title
PRIB 11 Use of First 40/80


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