travel comp time examples

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Overtime, Comp Time, and Credit Hours

This Handbook page provides a brief overview of overtime, comp time, and credit hours.

There are several factors which affect how you could be compensated for working extra hours. One is your salary: if your salary is at - or close to - the maximum GS salary ($183,500 in FY23). Another factor is whether you are an , external, exempt or non-exempt employee .

You should obtain supervisor approval prior to working extra hours. And, your supervisor should understand your specific situation prior to approving overtime.

The guidance below is only a high level overview. You and/or your supervisor can reach out to PeopleOps anytime with questions about your specific situation.

Overtime and Comp Time

Overtime and comp time can be approved by your supervisor no matter what type of work schedule you have.

Overtime is when you are paid for extra hours that you work, whereas comp time is when you receive hours of leave instead of pay. To determine the maximum number of comp time hours that you can accrue per pay period, please use the , external, TTS-only, Bi-weekly Comp Time Cap Calculator .

You should use your accrued comp time before using Annual Leave. However, if the end of the leave year is approaching, your supervisor can approve your Annual Leave requests first if you are in danger of losing Annual Leave because of “ Use or Lose .”

Comp time expires one year (26 pay periods) after it is earned. When you reach the expiration date, what happens depends on whether you are an , external, exempt or non-exempt employee :

• If you are exempt: you will forfeit the leave.
• If you are non-exempt: you will be paid out the hours (at the overtime pay rate that was in effect when you earned the hours).

If you leave GSA, your comp time will follow the parameters above: either forfeited or paid out, depending on your exemption status.

Credit Hours

Note: Credit hours are only available if you are on a flexible work schedule .

You can be approved for credit hours if you want to voluntarily work additional hours to your normal/approved schedule. If you are required to work additional hours, you will receive overtime or comp time.

• You can have up to 24 credit hours accrued, at any given time.
• The hours will rollover from one pay period to the next, and they never expire.
• Credit hours cannot be converted to cash, unless you leave GSA (then they will be paid out).

Credit hours example

You are on a Gliding schedule , and you work 8 hours every day. You are not required to stay late, but you are in a productive headspace and want to work an extra hour to finish your project. You can talk to your supervisor and ask to work 1 more hour, therefore receiving 1 credit hour. You will need to request the 1 hour in HR Links, and your supervisor will need to approve it.

Religious comp time

You can request an adjustment to your work schedule for religious observances, instead of taking leave. Document your request to your supervisor, via email, in advance of the time you’ll need to miss, along with the schedule of the time you will work outside of normal hours to compensate.

Note: religious comp time does not follow the salary cap rules that are outlined in the beginning of this document. Anyone can request religious comp time, regardless of their salary and what type of work schedule they are on.

Travel comp time

When you travel in connection to TTS, the time you spend traveling may be regular time, overtime, or travel comp time, depending on when the travel occurs.

You’ll complete overtime and comp time requests after you travel because you may encounter delays. Keep a copy of your travel itinerary to help you remember your trip.

Refer to the , external, TTS-only, Compensation for Government Travel slidedeck to determine the breakdown of your hours. This slidedeck is only open to GSA employees. Please contact your Timekeeper or an HR Specialist at your agency with questions.

Note: travel comp time does not follow the salary cap rules that are outlined in the beginning of this document. Anyone can request travel comp time, regardless of their salary and what type of work schedule they are on.

Entering the overtime, comp time, and/or credit hours you will be working into HRLinks

Entering your hours is a two step process.

Step 1 - Submit a time request in HRLinks

You need to enter your overtime, comp time, or credit hours into HRLinks. To determine the maximum number of comp time hours that you can accrue per pay period, please use the , external, TTS-only, Bi-weekly Comp Time Cap Calculator . Your supervisor will be notified to approve the hours requested.

• Click on the Employee Time Requests tile
• Select Additional Time Requests
• For Overtime , you will need to select a reason you worked overtime.
• Select Additional Time Type
• Enter Start Date and End Date
• Enter Requested Hours
• Enter Comments
• Click Submit

You’ll receive emails after submitting the request, and after it is approved. There is a step-by-step guide to submitting time requests .

Step 2 - Update your timesheet

Currently, HR Links is not connecting Comp/Credit/Overtime hours to your timesheet. This means you will need to manually add the hours you earned to your timesheet on the day(s) when you earned them. You’ll do this after your supervisor has approved the hours in step 1.

There is a step-by-step guide on adding the hours to your timesheet . Reach out to , external, TTS-only, #people-ops if you need assistance.

Using the comp time and/or credit hours you’ve earned

You will submit a leave request , just like you do for other types of leave. When searching in HR Links for the leave type to request, the codes and leave names are:

• 041 - Comp Time Used
• 037 - Credit Hours Used
• 047 - Religious Comp Time Used
• 043 - Travel Comp Time Used

OPM Resources

• , external, Adjustment of Work Schedules for Religious Observances
• , external, Overtime Fact Sheet
• , external, Comp Time Fact Sheet
• , external, Credit Hours Fact Sheet

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Special compensatory time off for travel.

This program allows employees to accrue compensatory time off for time spent by an employee in a travel status away from the employee’s official duty station when such time is not otherwise compensable. The travel must be officially authorized for work purposes and approved by an authorized official. 

An employee as defined in Title 5 U.S.C. 5541(2), who is employed in an “Executive Agency,” as defined in 5 U.S.C. 105, ) is entitled to earn and use compensatory time off for travel regardless of whether the employee is exempt or non-exempt from the Fair Labor Standards Act (FLSA). Coverage includes employees in Senior Level (SL) and Scientific of Professional (ST) positions, Federal Wage System (or Wage Grade, WG), and commissioned (tenured) Foreign Service Officers (in pay plan FO) and Commissioned Foreign Service Officers (in pay plan FO). 

Senior Executive Service members and intermittent employees (who do not have a scheduled tour of duty for leave purposes) are excluded from coverage.

Effective Dates of Coverage

Final regulations implementing compensatory time off for travel for most employees was effective May 17, 2007. Coverage for WG employees was effective April 27, 2008. Coverage for Foreign Service Officers (in pay plan FO) and Commissioned Foreign Service Officers (in pay plan FO) was effective June 8, 2006. 

Creditable Travel Time 

Time in a travel status includes the time the employee spends traveling between the official duty station and a temporary duty station (or the lodging in the temporary duty station) or between two temporary duty stations (or the lodging in the temporary duty station) and the “usual waiting time” that precedes or interrupts such travel. 

“Usual waiting time” is the time required to arrive at the airport (or other transportation hub) for security checks-ins, etc., prior to a designated departure time. 

Time spent at an intervening airport (or transportation hub) waiting for a connecting flight also is creditable time.

In the Department, “usual waiting time” is 2 hours for domestic travel and up to 4 hours for international travel. 

Non-Creditable Travel Time 

The following do not qualify as creditable time:

• Unusually long or extended waiting periods that occur prior to an employee’s initial departure time or between actual periods of travel if the employee is free to rest, sleep, or otherwise use the time for his/her own purposes;
• Long waiting periods that occur during an employee's regular scheduled working hours; these periods are compensable as part of the employee's regularly scheduled administrative workweek;
• Time spent traveling outside of an employee’s regular working hours to or from a transportation terminal that are within the limits of the employee’s official duty station;
• Time spent traveling in connection with the performance of union representational activities;
• Time spent traveling on a holiday or an “in-lieu-of” holiday; the employee is entitled to his or her rate of basic pay for the holiday hours; and
• Time spent at a temporary duty station between arrival and departure times; and
• Meal times. 

Once an employee arrives at the temporary duty station (i.e., TDY work site, training site, or hotel at the temporary duty station), the employee is no longer considered to be in a travel status. Any time spent at a temporary duty station between arrival and departure is not creditable for earning compensatory time off for travel. 

Offsetting Normal Commuting Time

When an employee travels directly between the home and a temporary duty station that is outside the limits of the employee's official duty station, the employee's normal “home-to-work/work-to-home” commuting time must be deducted from the creditable travel time. 

Normal commuting time must also be deducted from the creditable travel time if the employee is required to travel outside of regular working hours between the home and a transportation hub outside the limits of the employee's official duty station.

Travel between Multiple Time Zones 

When an employee’s travel involves two or more time zones, the time zone from the point of first departure must be used to determine travel status for accruing compensatory time off. For example, if an employee travels from his official duty station in Washington, DC, to a temporary duty station in Boulder, CO, the Washington, DC, time zone must be used to determine hours in a travel status. However, on the return trip to Washington, DC, the time zone from Boulder, CO, must be used to determine hours in a travel status 

Timeframes for Use

An employee must use accrued compensatory time off by the end of the 26th pay period after the pay period during which it was earned and reported on the webTA. 

All compensatory time off for travel must be used in the chronological order in which it was earned; that is, time earned first is used first. 

Forfeiture of Unused Hours

Accumulated compensatory time that is unused by the end of the 26th pay period after the pay period in which it was earned is forfeited. Unused balances are also forfeited when an employee voluntarily transfers to another agency or separates from Federal service. Forfeited hours may not be paid or restored. 

When an employee fails to use accumulated compensatory time balances within the required timeframe due to an exigency of the public service beyond the employee’s control, the time limit for using the hours may be extended for up to an additional 26 pay periods. Additional extensions are not authorized and forfeited hours may not be restored. 

Exceptions to Forfeiture of Unused Hours

Unused compensatory time off for travel must be held in abeyance for an employee who separates, or is placed in a leave without pay (LWOP) status, and later returns:

• To perform service in the uniformed services (see 38 U.S.C. § 4303 and 5 CFR § 353.102) with restoration rights; and 
• Due to an on-the-job injury with entitlement to injury compensation under 5 U.S.C. Chapter 81. 

In these cases, the employee must use all of the compensatory time off for travel held in abeyance by the end of the 26th pay period following the pay period in which he/she returns to duty, or the compensatory time off will be forfeited. 

Biweekly Salary Limitation and Aggregate Limitation on Pay

Compensatory time off for travel is not considered in applying the bi-weekly pay cap under 5 U.S.C. 5547 or the aggregate limitation on pay under 5 U.S.C.507. 

Alternate Mode of Transportation

When an employee is allowed to use an alternate mode of transportation, or travels at a time/route other than what is initially approved by the authorizing official, creditable time for travel status must be estimated. The estimate is based on the amount of time the employee would have had if the mode of transportation or the time/route initially approved by the authorizing official was used. In determining the estimated amount of creditable time for travel that an employee would have had, the employee will be credited with the lesser of the:

• Estimated time in a travel status the employee would have had if the employee had traveled at the initially approved time, or
• Employee's actual time in a travel status at a time other than that initially approved.

Applying for Compensatory Time off for Travel

Employee must officially request the earning of compensatory time prior to the actual travel or within 10 calendar days of termination of the travel. The request may be submitted via the webTA Leave and Premium Pay Request functionality, Commerce Department Form CD-81, “Authorization for Paid Overtime and/or Holiday Work, and for Compensatory Overtime”, electronic mail, or memorandum. The request should estimate the number of hours the employee expects to earn. Upon the employee’s return from travel, the employee must provide a chronological record of travel information including:

• Duration of the normal home-to-work commute;
• Time and place of departure (i.e., the employee’s home or official duty station);
• Actual time spent traveling to and from the transportation terminal if the terminal is outside of the employee’s official duty station;
• Usual waiting time; and
• Time of arrival at and departure from the temporary duty station. 

Earning Limitations 

There is no limit on the amount of compensatory time for travel that may be earned. 

Using Compensatory Time off for Travel 

Compensatory time off for travel is credited and used in 15 minute increments with the compensatory time off for travel earned first being charged first. Additional leave will be charged in corresponding units. Employees must request permission from their supervisor or leave approving official to schedule the use of accrued compensatory time off via the webTA Leave and Premium Pay Request functionality, a SF-71, Application for Leave, or Form OPM-71, Request for Leave or Approved Absence. 

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Compensatory Time Off for Travel

To:   All U.S. Geological Survey Employees From:   S. Kaye Cook /signed/ Chief, Office of Human Resources Subject:   Compensatory Time Off for Travel

Beginning January 28, 2005, employees are eligible to earn compensatory time off for time spent in a travel status away from their official duty station when such time is not otherwise compensable. This provision does not apply to employees in the Senior Executive Service and Wage Grade employees.

Until the Department of the Interior issues additional guidance, the following will apply: Whenever possible, supervisors should schedule officially approved travel within regularly scheduled work hours. If travel during regularly scheduled work hours is not possible, supervisors may authorize compensatory time off in accordance with the guidance issued by the Office of Human Resources Management (OPM).

For information about what qualifies as time in travel status and the restrictions of this new provision, see  OPM’s interim regulations . You may also review  OPM’s questions and answers , and  see examples of creditable travel time .

Compensatory time off for travel is credited in increments of 15 minutes. You should use pay code 046 for “Travel Compensatory Time – Earned” and pay code 047 for “Travel Compensatory Time – Used” in Quicktime. Any compensatory time off for travel must be used by the end of the 26th pay period after the pay period in which it was earned, or it will be forfeited. Payment is not authorized for compensatory time off for travel.

Both earned and used compensatory time off for travel will initially be combined with the regular compensatory time balances on the leave and earnings statements. The National Business Center is currently working with Employee Express to ensure that compensatory time off for travel balances will be displayed separately in the near future.

If you have any questions, please contact your  servicing Human Resources Office  for assistance.

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UNCLASSIFIED (U)

compensatory time off for travel

(CT:PER-1131;   05-26-2023) (Office of Origin:  GTM/OTA)

3 FAM 3171  Authorities

(CT:PER-751;   10-30-2014) (State Only) (Applies to Civil Service and Foreign Service Employees)

Authorities are authorized by the following:

·          5 U.S.C. 5550b

·          5 CFR Part 550, subpart N; and

·          The Foreign Service Act of 1980, Section 412, as amended.

3 FAM 3172  Introduction

(CT:PER-869;   08-28-2017) (State Only) (Applies to Civil Service and Foreign Service Employees)

The Federal Workforce Flexibility Act of 2004 (Public Law 108-411, Section 203, October 30, 2004) established a new form of non-monetary compensatory time off for time spent by an employee in a travel status when such time is not otherwise compensable (i.e., when the travel is not during regular duty hours or otherwise considered hours of work).  This provision is codified in 5 U.S.C. 5550b.  Individual offices do not have the discretion to deny an employee compensatory time off for travel if it has been earned and applied in accordance with Department policy.  Compensatory time off for travel is non-monetary and if not used prior to its expiration, never converts to cash.

3 FAM 3173  Eligibility

(CT:PER-992;   05-20-2020) (State Only) (Applies to Civil Service and Foreign Service Employees)

a. Compensatory time off for travel may be earned by:

(1)  An American direct-hire employee as defined in 5 U.S.C. 5541(2);

(2)  Part-time employees may be entitled to compensatory time off for travel if the time in travel status does not qualify as compensable hours of work under 5 U.S.C. 5542(b)(2)(B) and 5 CFR 550.112(g)(2), and meets the other requirements in 5 CFR 550, subpart N;

(3)  Tenured Foreign Service Officers class FS-01 and below under the Foreign Service Act of 1980, as amended; effective October 23, 2007;

(4)  Wage grade (prevailing rate) employees under the provisions codified in 5 U.S.C. 5550b and 5 CFR 550, subpart N; effective April 27, 2008; and

(5)  Eligibility of locally employed staff depends on local labor law and how the employee was hired.  If the locally employed staff member is appointed under the Foreign Service Act of 1980, as amended, the employee may be eligible.  If the locally employed staff member is hired under a personal services agreement, local labor law prevails.  The office of Overseas Employment Compensation Management Division (GTM/OE/CM) may be contacted for further information.

b. Compensatory time off for travel may NOT be earned by:

(1)  Members of the Senior Executive Service;

(2)  Members of the Senior Foreign Service;

(3)  Executive Schedule employees; or

(4)  Employees on an intermittent schedule.

3 FAM 3174  Determining Eligible Time in Travel Status

a. To be creditable under this provision, travel must be officially authorized.  The travel must be for work purposes and must be approved by an authorized Department official or under established Department policies.  Examples of eligible travel would be for performing official work at another duty station, attending an official conference, or attending official training.

b. Compensatory time off for travel may only be earned for time in an official travel status away from an employee’s official duty station when such time is not otherwise compensable as regular duty pay or premium compensation.  For Fair Labor Standards Act (FLSA), exempt employees, compensable refers to periods of time creditable as hours of work for the purpose of determining a specific pay entitlement.  For FLSA non-exempt employees, please see 5 CFR 551.422.

c.  Eligible Time in Official Travel Status includes:

(1)  Time spent traveling between the official duty station and a temporary duty station;

(2)  Time spent traveling between two temporary duty stations;

(3)  The usual waiting time preceding or interrupting such travel.  The usual waiting time for domestic flights may not exceed two hours, and for overseas flights may not exceed three hours.  Extended waiting time is not creditable; or

(4)  Time in travel status ends when the employee arrives at the temporary duty worksite or lodging in the temporary duty station, wherever the employee arrives first.  Time in travel status resumes when an employee departs from the temporary duty worksite or lodging in the temporary duty station, from whichever the employee departs last.

d. Time that is NOT eligible:

(1)  Travel for the purpose of permanent change of station, temporary change of station, home leave, rest and recuperation travel, family visitation travel, regional rest breaks, medical evacuation, emergency visitation travel, and post evacuations are not considered time in official travel status for the purpose of earning comp time off for travel;

(2)  An extended waiting period is not considered time in official travel status and is not creditable.  An example of extended waiting periods include: flight delays or cancelations due to weather issues, mechanical problems, airline administrative problems, etc.;

(3)  Regular duty hours of work; and

(4)  Hours of travel time that are otherwise compensable hours of work under the overtime pay provisions in 5 CFR 550.112(g) or 5 CFR 551.422.

e. Reference 5 CFR 551.422 states for non-exempt employees, time spent traveling must be considered compensable hours of work if:

(1)  The official travel occurs during the employee's regular working hours;

(2)  The employee is required to drive or perform other work as part of the official travel;

(3)  An employee is required to travel as a passenger on a one-day assignment away from the official duty station location; or

(4)  The employee is required to travel as a passenger overnight away from the official duty station location and the official travel occurs on a non-workday during hours that correspond to the employee's regular working hours.

3 FAM 3175  Factors That Influence Compensatory Time Off for Travel

3 FAM 3175.1  Time Zones

When an employee’s travel involves two or more time zones, the time zone from the point of first departure must be used to determine how many hours (elapsed time) the employee actually spent in a travel status for the purpose of accruing compensatory time off for travel.  For example, if an employee departs from Tokyo, going to FSI for training, the employee calculates the trip based on the Tokyo time zone.  Likewise, the return trip is calculated on the Washington, DC time zone since it now is the point of first departure.

3 FAM 3175.2  Modes of Transportation

a. In the case of an employee who is offered one mode of transportation (i.e., flying) and who is permitted to use an alternate mode of transportation (i.e., train or POV), or who travels at a time or by a route other than that selected by the Department, the agency MUST determine the estimated amount of time in a travel status the employee would have had if the employee had used the mode of transportation offered by the Department or traveled at the time or by the route selected by the Department.  For example, if the flight time is two hours but the travel by train takes six hours, the employee is only eligible to request two hours as creditable for comp time off for travel.  The fact that one mode of transportation may save the Department money has no bearing on the amount of comp time off for travel that an employee earns.

b. Employees who take an approved/authorized rest break during their travel that causes the compensatory time off for travel eligibility to change from what would have been available for the most direct route are ONLY authorized to claim the amount of time that would have been earned had the rest break not been taken.

c.  The class of accommodation, such as business class, does not influence whether the time in travel status is compensable.  Allowing an employee to upgrade travel to business class does not eliminate an employee’s eligibility to earn compensatory time off for travel.

3 FAM 3175.3  Meals

It is no longer required that an employee deduct the bona fide meal periods during travel time or waiting time.

3 FAM 3175.4  Change of Administrative Work Week

An agency may NOT adjust the regularly scheduled administrative work week that normally applies to an employee (full-time or part-time) solely for the purpose of including planned travel time that would not otherwise be considered compensable hours of work.  For example, if an employee is required to travel on a Saturday, which is normally a day off, the supervisor cannot change the administrative work week to be Tuesday through Saturday, making Saturday a compensable day and thus making that day ineligible for compensatory time off for travel.

3 FAM 3175.5  Commuting Time

a. Travel outside of regular working hours to or from a transportation terminal (airport, train, etc.) within the limits of the employee’s official duty station is considered equivalent to commuting time and is not creditable travel time.

b. Travel outside of regular working hours between an employee’s home and a temporary duty station or transportation terminal outside the limits of the employees duty station is considered creditable travel time.  However, the Department must deduct the employee’s normal home-to-work/work-to-home commuting time from the creditable travel time.

c.  A mileage radius no greater than 50 miles applies to determine whether an employee's travel is within or outside the limits of the employee's official duty station.  See 5 CFR 550.112(j).

3 FAM 3176  Recording and Use of Compensatory Time off For Travel

(CT:PER-1131;   05-26-2023) (State Only) (Applies to Civil Service and Foreign Service Employees)

a. Fifteen (15) Minute Increments: Compensatory time off for travel is credited and used in increments of 15 minutes.

b. Thirty (30) day Limit for Requesting Credit: The Department requires employees to submit credit requests, in writing, to their supervisor with specific times, justification, and itineraries, within 30 days of completion of eligible official travel.  This request should be accompanied by Form DS-5106, Compensatory Time Off for Travel worksheet.  Requests for compensatory time off for travel that are submitted more than 30 days after the last day of travel will be denied.

c.  Documenting Compensatory Time Off for Travel on Cuff Records and TATEL: The Department’s pay system will not accommodate the specialized compensatory time off for travel category; and, as a result, timekeepers are required to keep paper records of the compensatory time off for travel earned by each individual using a separate ledger ( 3 FAM Exhibit 3176) ;

(1)  Compensatory time off for travel is not recorded in the TATEL system, though comp time off for travel used will be recorded in TATEL;

(2)  Time used should be entered in TATEL as “XA” with a notation “compensatory time off for travel”;

(3)  Timekeepers should keep a copy of the Form DS-7100, Request for Leave or Approved Absence with the paper record of compensatory time off for travel earned and subtract the time used;

(4)  Regulations require that time is charged in a chronological manner, i.e., first-in, first-out; and

(5)  These are official records and must be maintained by each individual office.

d. Time Limit for Using Compensatory Time Off for Travel: Compensatory time off for travel must be used within 26 pay periods from the time the eligible compensatory time off for travel is earned.  Otherwise it is forfeited.  Exceptions may be granted:

(1)  If the employee with unused compensatory time off for travel separates;

(2)  The employee is placed in a leave without pay status to perform service in the uniformed service (as defined in 38 U.S.C. 4303 and 5 CFR 353.102) and later returns to service through the exercise of a re-employment right provided by law, Executive Order, or regulation;

(3)  An on-the-job injury with entitlement to compensation under 5 U.S.C. chapter 81 and later recovers sufficiently to return to work; or

(4)  An exigency of the service beyond the employee’s control and an authorized Department official, has sole discretion, to extend the time limit for using such compensatory time off for travel, not to exceed an additional 26 pay periods.

e. Scheduling and Using Accrued Compensatory Time Off for Travel: Employees must request permission from their supervisor via Form DS-7100 , Request for Leave or Approved Absence , to schedule the use of accrued compensatory time off for travel.  Earned compensatory time off for travel must be charged on a first-in, first-out (chronological) basis.

f.  Use of Compensatory Time Off for Travel While in Official Travel Status: In accordance with 5 CFR 550.1406, employees must request permission to schedule the use of accrued compensatory time off for travel in accordance with agency-established policies and procedures.  Department policy states that employees will not be authorized to use compensatory time off for travel in the same trip in which it is earned.

3 FAM 3177  Transfer Within the Department

Compensatory time off for travel may be transferred to another office within the Department, unless the employee moves to a federal position that is covered by the compensatory time off for travel regulations, pursuant to 5 CFR 550.1407(d).  The losing timekeeper must provide complete copies of the employee's compensatory time for travel to the gaining timekeeper.  This includes a copy of the authorized approval memo, the paper ledger recording time earned and used, and the current balance with the forfeiture dates.

3 FAM 3178  Forfeiture

Compensatory time off for travel is forfeited:

(1)  Except as provided in 3 FAM 3176 (d), if not used by the end of the 26th pay period during which it was earned.  NOTE: The 26 pay periods run from the time travel was completed, not from the time it was credited;

(2)  Upon voluntary transfer to another agency;

(3)  Upon movement to a non-covered position, or if there is a change in employee status, such as intermittent or promotion to SFS/SES; or

(4)  Except as provided in 3 FAM 3176 (d), upon separation from the federal government.

3 FAM 3179  Compensatory Time Off for Travel is NOT Premium Pay

a. Under no circumstances may an individual receive monetary compensation for any unused compensatory time off for travel the employee has earned.

b. Accrued compensatory time off for travel is not considered in applying the premium pay cap limitations established under 5 U.S.C. 5547 and 5 CFR 550.105 through 550.107, or the aggregate limitation on pay established under 5 U.S.C 5307 and 5 CFR 530, subpart B.

3 FAM Exhibit 3176   Compensatory Time Off For Travel Record of Hours Earned and Used

(CT:PER-751;   10-30-2014)

_____________________________

Traveler’s Name

Approver/Supervisor’s Name

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Special compensatory time off for travel.

This program allows employees to accrue compensatory time off for time spent by an employee in a travel status away from the employee’s official duty station when such time is not otherwise compensable. The travel must be officially authorized for work purposes and approved by an authorized official. 

An employee as defined in Title 5 U.S.C. 5541(2), who is employed in an “Executive Agency,” as defined in 5 U.S.C. 105, ) is entitled to earn and use compensatory time off for travel regardless of whether the employee is exempt or non-exempt from the Fair Labor Standards Act (FLSA). Coverage includes employees in Senior Level (SL) and Scientific of Professional (ST) positions, Federal Wage System (or Wage Grade, WG), and commissioned (tenured) Foreign Service Officers (in pay plan FO) and Commissioned Foreign Service Officers (in pay plan FO). 

Senior Executive Service members and intermittent employees (who do not have a scheduled tour of duty for leave purposes) are excluded from coverage.

Effective Dates of Coverage

Final regulations implementing compensatory time off for travel for most employees was effective May 17, 2007. Coverage for WG employees was effective April 27, 2008. Coverage for Foreign Service Officers (in pay plan FO) and Commissioned Foreign Service Officers (in pay plan FO) was effective June 8, 2006. 

Creditable Travel Time 

Time in a travel status includes the time the employee spends traveling between the official duty station and a temporary duty station (or the lodging in the temporary duty station) or between two temporary duty stations (or the lodging in the temporary duty station) and the “usual waiting time” that precedes or interrupts such travel. 

“Usual waiting time” is the time required to arrive at the airport (or other transportation hub) for security checks-ins, etc., prior to a designated departure time. 

Time spent at an intervening airport (or transportation hub) waiting for a connecting flight also is creditable time.

In the Department, “usual waiting time” is 2 hours for domestic travel and up to 4 hours for international travel. 

Non-Creditable Travel Time 

The following do not qualify as creditable time:

• Unusually long or extended waiting periods that occur prior to an employee’s initial departure time or between actual periods of travel if the employee is free to rest, sleep, or otherwise use the time for his/her own purposes;
• Long waiting periods that occur during an employee's regular scheduled working hours; these periods are compensable as part of the employee's regularly scheduled administrative workweek;
• Time spent traveling outside of an employee’s regular working hours to or from a transportation terminal that are within the limits of the employee’s official duty station;
• Time spent traveling in connection with the performance of union representational activities;
• Time spent traveling on a holiday or an “in-lieu-of” holiday; the employee is entitled to his or her rate of basic pay for the holiday hours; and
• Time spent at a temporary duty station between arrival and departure times; and
• Meal times. 

Once an employee arrives at the temporary duty station (i.e., TDY work site, training site, or hotel at the temporary duty station), the employee is no longer considered to be in a travel status. Any time spent at a temporary duty station between arrival and departure is not creditable for earning compensatory time off for travel. 

Offsetting Normal Commuting Time

When an employee travels directly between the home and a temporary duty station that is outside the limits of the employee's official duty station, the employee's normal “home-to-work/work-to-home” commuting time must be deducted from the creditable travel time. 

Normal commuting time must also be deducted from the creditable travel time if the employee is required to travel outside of regular working hours between the home and a transportation hub outside the limits of the employee's official duty station.

Travel between Multiple Time Zones 

When an employee’s travel involves two or more time zones, the time zone from the point of first departure must be used to determine travel status for accruing compensatory time off. For example, if an employee travels from his official duty station in Washington, DC, to a temporary duty station in Boulder, CO, the Washington, DC, time zone must be used to determine hours in a travel status. However, on the return trip to Washington, DC, the time zone from Boulder, CO, must be used to determine hours in a travel status 

Timeframes for Use

An employee must use accrued compensatory time off by the end of the 26th pay period after the pay period during which it was earned and reported on the webTA. 

All compensatory time off for travel must be used in the chronological order in which it was earned; that is, time earned first is used first. 

Forfeiture of Unused Hours

Accumulated compensatory time that is unused by the end of the 26th pay period after the pay period in which it was earned is forfeited. Unused balances are also forfeited when an employee voluntarily transfers to another agency or separates from Federal service. Forfeited hours may not be paid or restored. 

When an employee fails to use accumulated compensatory time balances within the required timeframe due to an exigency of the public service beyond the employee’s control, the time limit for using the hours may be extended for up to an additional 26 pay periods. Additional extensions are not authorized and forfeited hours may not be restored. 

Exceptions to Forfeiture of Unused Hours

Unused compensatory time off for travel must be held in abeyance for an employee who separates, or is placed in a leave without pay (LWOP) status, and later returns:

• To perform service in the uniformed services (see 38 U.S.C. § 4303 and 5 CFR § 353.102) with restoration rights; and 
• Due to an on-the-job injury with entitlement to injury compensation under 5 U.S.C. Chapter 81. 

In these cases, the employee must use all of the compensatory time off for travel held in abeyance by the end of the 26th pay period following the pay period in which he/she returns to duty, or the compensatory time off will be forfeited. 

Biweekly Salary Limitation and Aggregate Limitation on Pay

Compensatory time off for travel is not considered in applying the bi-weekly pay cap under 5 U.S.C. 5547 or the aggregate limitation on pay under 5 U.S.C.507. 

Alternate Mode of Transportation

When an employee is allowed to use an alternate mode of transportation, or travels at a time/route other than what is initially approved by the authorizing official, creditable time for travel status must be estimated. The estimate is based on the amount of time the employee would have had if the mode of transportation or the time/route initially approved by the authorizing official was used. In determining the estimated amount of creditable time for travel that an employee would have had, the employee will be credited with the lesser of the:

• Estimated time in a travel status the employee would have had if the employee had traveled at the initially approved time, or
• Employee's actual time in a travel status at a time other than that initially approved.

Applying for Compensatory Time off for Travel

Employee must officially request the earning of compensatory time prior to the actual travel or within 10 calendar days of termination of the travel. The request may be submitted via the webTA Leave and Premium Pay Request functionality, Commerce Department Form CD-81, “Authorization for Paid Overtime and/or Holiday Work, and for Compensatory Overtime”, electronic mail, or memorandum. The request should estimate the number of hours the employee expects to earn. Upon the employee’s return from travel, the employee must provide a chronological record of travel information including:

• Duration of the normal home-to-work commute;
• Time and place of departure (i.e., the employee’s home or official duty station);
• Actual time spent traveling to and from the transportation terminal if the terminal is outside of the employee’s official duty station;
• Usual waiting time; and
• Time of arrival at and departure from the temporary duty station. 

Earning Limitations 

There is no limit on the amount of compensatory time for travel that may be earned. 

Using Compensatory Time off for Travel 

Compensatory time off for travel is credited and used in 15 minute increments with the compensatory time off for travel earned first being charged first. Additional leave will be charged in corresponding units. Employees must request permission from their supervisor or leave approving official to schedule the use of accrued compensatory time off via the webTA Leave and Premium Pay Request functionality, a SF-71, Application for Leave, or Form OPM-71, Request for Leave or Approved Absence. 

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Hours of Work for Travel

Fact sheet: hours of work for travel, description.

In limited circumstances, travel time may be considered hours of work. The rules on travel hours of work depend on whether an employee is covered by or exempt from the Fair Labor Standards Act (FLSA). For FLSA-exempt employees, the crediting of travel time as hours of work is governed under title 5 rules-in particular, 5 U.S.C. 5542(b)(2) and 5544(a)(3) and 5 CFR 550.112(g) and (j). For FLSA-covered employees, travel time is credited if it is qualifying hours of work under either the title 5 rules or under OPM's FLSA regulations-in particular, 5 CFR 551.401(h) and 551.422.

Employee Coverage

Title 5 overtime laws and regulations apply to most FLSA-exempt Federal employees, including General Schedule and prevailing rate employees. Certain employees, such as members of the Senior Executive Service, are not eligible for overtime pay or other premium pay under title 5. (See 5 U.S.C. 5541(2) and 5 CFR 550.101 for coverage rules.)

OPM's FLSA regulations apply to most FLSA-covered Federal employees. (See 5 U.S.C. 5542(b)(2) and 5544(a)(3) and 5 CFR 551.102.) An employee may determine his or her FLSA status by checking block 35 of the most recent Notification of Personnel Action (SF-50) to find out whether his or her position is nonexempt (N) or exempt (E) from the overtime pay provisions of the FLSA. Alternatively, an employee may obtain a determination from his or her servicing personnel office.

Overtime Work

In general, overtime hours are hours of work that are ordered or approved (or are "suffered or permitted" for FLSA-covered employees) and are performed by an employee in excess of 8 hours in a day or 40 hours in a workweek. (See 5 U.S.C. 5542(a), 5544(a), and 6121(6) and (7), and 5 CFR 550.111 and 551.501. Note exceptions.)

Travel That is Hours of Work Under Title 5

Under 5 U.S.C. 5542(b)(2) and 5 CFR 550.112(g), official travel away from an employee's official duty station is hours of work if the travel is-

• within the days and hours of the employee's regularly scheduled administrative workweek, including regularly scheduled overtime hours, or
• involves the performance of work while traveling (such as driving a loaded truck);
• is incident to travel that involves the performance of work while traveling (such as driving an empty truck back to the point of origin);
• is carried out under arduous and unusual conditions (e.g., travel on rough terrain or under extremely severe weather conditions); or
• results from an event that could not be scheduled or controlled administratively by any individual or agency in the executive branch of Government (such as training scheduled solely by a private firm or a job-related court appearance required by a court subpoena).

An agency may not adjust an employee's normal regularly scheduled administrative workweek solely to include travel hours that would not otherwise be considered hours of work.

Travel That is Hours of Work Under the FLSA

For FLSA-covered employees, time spent traveling is hours of work if-

• an employee is required to travel during regular working hours (i.e., during the regularly scheduled administrative workweek);
• an employee is required to work during travel (e.g., by being required to drive a Government vehicle as part of a work assignment);
• an employee is required to travel as a passenger on a 1-day assignment away from the official duty station; or
• an employee is required to travel as a passenger on an overnight assignment away from the official duty station during hours on nonworkdays that correspond to the employee's regular working hours. (See 5 CFR 551.422(a).)

Official Duty Station

"Official duty station" is defined in 5 CFR 550.112(j) and 551.422(d). An agency may prescribe a mileage radius of not greater than 50 miles to determine whether an employee's travel is within or outside the limits of the employee's official duty station for determining entitlement to overtime pay for travel.

Administrative Workweek

An administrative workweek is a period of 7 consecutive calendar days designated in advance by the head of an agency under 5 U.S.C. 6101. The regularly scheduled administrative workweek is the period within the administrative workweek during which the employee is scheduled to work in advance of the administrative workweek. (See definitions in 5 CFR 610.102. See also 5 CFR 550.103 and 551.421.)

Commuting Time

For FLSA-covered employees, normal commuting time from home to work and from work to home is not hours of work. (See 5 CFR 551.422(b).) However, commuting time may be hours of work to the extent that the employee is required to perform substantial work under the control and direction of the employing agency-i.e., productive work of a significant nature that is an integral and indispensable part of the employee's principal activities. The fact that an employee is driving a Government vehicle in commuting to and from work is not a basis for determining that commuting time is hours of work. (See Bobo decision cited in the References section.)

Similarly, for FLSA-exempt employees, normal commuting time from home to work and from work to home is not hours of work. (See 5 CFR 550.112(j)(2).) However, commuting time may be hours of work to the extent that the employee is officially ordered or approved to perform substantial work while commuting.

Normal "home-to-work/work-to-home" commuting includes travel between an employee's home and a temporary duty location within the limits of the employee's official duty station. For an employee assigned to a temporary duty station overnight, normal "home-to-work/work-to-home" commuting also includes travel between the employee's temporary place of lodging and a work site within the limits of the temporary duty station.

If an employee (whether FLSA-covered or exempt) is required to travel directly between home and a temporary duty location outside the limits of the employee's official duty station, the time the employee would have spent in normal commuting must be deducted from any hours of work outside the regularly scheduled administrative workweek (or, for FLSA covered employees, outside corresponding hours on a nonwork day) that may be credited for the travel time. (The travel time is credited as hours of work only as allowed under the applicable rules-e.g., for an FLSA-covered employee, if the travel is part of a 1-day assignment away from the official duty station.)

• 5 U.S.C. 5542(b)(2) (General Schedule employees)
• 5 U.S.C. 5544(a)(3) (Prevailing rate employees)
• 5 CFR 550.112(g) and (j), 610.102, and 610.123
• 5 CFR 551.401(h) and 551.422 (OPM's FLSA regulations)
• Decision by United States Court of Appeals for the Federal Circuit, Jerry Bobo v. United States , 136 F.3rd 1465 (Fed. Cir. 1998) affirming Court of Federal Claims decision of same name, 37 Fed. Cl. 690 (Fed. Cl. 1997).
• Section 4 of the Portal-to-Portal Act of 1947 (61 Stat. 84) as amended in 1996 by section 2102 of Public Law 104-188. (See 29 U.S.C. 254.)

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