4.0410 Overtime-Compensatory time.

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(a) Applicability. This section applies to all career service employees and certain contract employees whose contracts permit overtime or compensatory time, with the following exceptions:

(1) Department of education and community college;

(2) Employees in second or third jobs.

(b) General Provisions.

(1) Every employee is entitled to receive cash payor time off in lieu of cash for overtime work, as provided in this section.

(2) Each workweek shall stand alone; “averaging” of hours over 2 or more weeks is not pennitted. This paragraph does not apply to firefighters.

(3) Workweeks shall be 40 hours in a fixed and regularly recurring period of 168 hburs, in 7 consecutive 24-hour periods. It need not coincide with the calendar week but may begin on any day and at any hour of the day. Once the beginning time of any employee’s workweek is established, it shall remain fixed until changed. A change intended or designed to evade the overtime requirement is prohibited.

(4) Overtime com pensation po licies shall not be waived by any agreement between a government supervisor and an employee.

(c) Cash Pay for Overtime. Employees in grades GS I-II and WB 1-16 are eligible to be compensated in cash for overtime at the rate of I Y2 times their regular rate of pay for all hours worked in excess of 8 per day or 40 per week. Firefighters shall receive overtime cash pay for hours worked in excess of 40 per week. The agency director may authorize compensatory leave in lieu of cash, upon mutual agreement with the employee. This leave will be authorized at the rate of 1½ hours of leave per overtime hour worked.

(d) Higher Grades. Employees in grades GS 12 and WB 17 or above, or whose grade is XX, are not eligible for cash pay for overtime work. They may be compensated for work beyond 8 hours per day or 40 hours per week on an hour-for-hour basis.

(e) Hours Worked. “Hours worked”, in general, includes all the time an employee is required to be on duty or on the government premises or at a prescribed workplace and all time during which he is “suffered or permitted to work”.

(f) Training and Meetings. Attendance at lectures, meetings, training programs, and similar activities will not be counted as hours worked beyond the scheduled workday or workweek. If attendance is outside the employee’s regular working hours and is required by the agency director, overtime or compensatory time may be awarded if otherwise applicable.

(g) Semiannual Payoff. Compensatory time earned should be taken within 60 days of the pay period in which it was earned. Departments are responsible for monitoring the accumulation of compensatory time. Any balance of compensatory time in excess of 120 hours will be paid to the employee at his regular time rate during the last pay period of June and December of each year.

(h) Separation. Employees leaving ASG employment shall be compensated in cash for accumulated, documented overtime by the agency from which separated.

(1) In the event of death of an employee, his accumulated overtime shall be paid to appropriate persons provided by this title.

(2) If a function or program, together with assigned employees, is transferred from one to another agency, all accumulated overtime shall also be transferred.

(i) Records. Each agency is responsible for keeping appropriate records of hours worked and leave earned, used, accrued, etc. of its employees.

(j) Student Workers. Whenever it is necessary to employ student workers as learners at wages lower than the minimum wage to prevent curtailment of opportunities for employment in a specified institution, such as a community college or whenever a “student learner” is employed at wages lower than the minimum, an application for a special certificate authorizing the employment of such student workers as learners at subminimum wage rates may be filed through the office of manpower resources to the U.S. Department of Labor. Without such certificate the minimum wage must be paid.

History: Rule 10-81, eff 29 Jul 81, § 4.10.