GM_360_427 - Part 427 – NRCS Hours of Duty

Subpart A - General

427.0  Purpose

To establish a family friendly workplace which enables the Natural Resources Conservation Service (NRCS) to meet its needs while allowing employees sufficient flexibility to meet both work and personal needs.  Management benefits by improved employee effectiveness and morale while giving employees more control over their lives.

427.1  Coverage

This plan is applicable for all NRCS employees.

427.2  Policy

This policy implement a traditional work schedule, a flexible work schedule, (flexitour), and fixed compressed work schedules (5-4/9, 4-10).  These options provide a full range of work schedules to NRCS employees.

427.3  General Provisions

A.  Title 5, United States Code authorizes Hours of duty.  Public Law 95-390 authorized the Federal Employee Flexible and Compressed Work Schedules.  The United States Department of Agriculture (USDA) Office of Human Capital Management has approved the following alternative work schedules for use throughout the Department:  flexitour, 5-4/9 biweekly schedule, and 4-10 hour workweek.

B.  In addition to the traditional tour of duty (ten 8-hour days), NRCS employees may use the alternative work schedules: flexitour, 5-4/9 biweekly schedule and the 4-10 hour workweek. Deputy Chiefs (DCs), Regional Assistant Chiefs (RACs), State Conservationists (STCs), National Headquarters (NHQ) Division Directors, National Center Directors, Directors, Pacific Islands and Caribbean Areas, and first line supervisors are authorized to approve or disapprove the use of the traditional, the flexitour, and the 5-4/9 work schedules in their areas.  The 4 –10 hour workweek alternative work schedule may be used on a case-by-case basis when it is more advantageous to the Agency than the other work schedules upon the approval of the RACs, STCs, NHQ, National Center Directors, Directors, Pacific Islands and Caribbean Areas, upon the approval of the appropriate DCs, or the Associate Chief for positions directly under the Chief.  Schedules that are not listed or discussed in this issuance are not to be utilized in NRCS.

C.  Any combination of work schedules can be used in the same organization unit subject to supervisory approval.  All employee work schedules are to be approved in writing by the supervisor.  The use of any of these work schedules is subject to the provisions provided in this Part as well as any subsequent changes made by an appropriate official(s) as permitted. The scheduling of office hours and lunch breaks shall be determined by the employee and supervisor on the basis of office requirements and the rules and regulations specified in this and other pertinent regulations.

D.  Supervisors have the authority to disapprove the use of any of the alternative work schedules if an employee’s use of the schedule is detrimental to the efficient operation of the office or if the schedule is being abused.

E.  All work schedules except the intermittent schedule require an established tour of duty; i.e., beginning and ending time.

427.4  Definitions

A.  Administrative Workweek – A period of seven consecutive calendar days designated in advance.  The administrative workweek in USDA is Sunday through Saturday.

B.  Alternative Work Schedules (AWS) – Flexible work schedules and compressed work schedules.

C.  Basic Workweek – The period for which an employee is paid a straight-time rate of pay. The basic workweek is 40 hours for full-time employees working ten 8-hour days per pay period.

D.  Basic Work Requirement – The number of hours, excluding overtime hours, an employee is required to work in a day or account for by charging leave, credit hours, excused absence, holiday hours, compensatory time off, or time off as an award.

E.  Compressed Work Schedule (CWS) – A work schedule that is always fixed.  CWS means:

(1)  In the case of a full-time employee, an 80 hour biweekly basic work requirement that is scheduled by an agency for less than 10 work days and that may require an employee to work more than 8 hours in a day; and

(2)  In the case of a part- time employee, a basic work requirement of 32 to 64 hours per pay period that is scheduled by an agency for less than 10 workdays and that may require an employee to work more than 8 hours a day.

(3)  NRCS has two (2) types of CWS:  5-4/9 biweekly schedule and 4-10 hour workweek:

(i)  5-4/9 biweekly schedule – A work schedule that is completed in less than 10 workdays and includes a 9-hour daily work requirement during 8 days of the biweekly pay period and 8 hours on a 9th day to complete the 80-hour biweekly work requirement.  The 8-hour day can be any pre-scheduled workday in the pay period and must cover the core hours.  The non-workday is also a pre-scheduled day.

(ii)  4-10 hour workweek – A type of work schedule that consists of a 10-hour daily work requirement 4 days per week, a 40-hour weekly work requirement, and an 80-hour biweekly work requirement.

F.  Core Hours – Core hours are designated hours (9:00 a.m. to 3:00 p.m.) during which all full-time employees must be present during their normal tour of duty unless on approved leave or scheduled lunch period.

G.  Credit hours – Those hours within a flexible work schedule that an employee elects to work in excess of his or her basic work requirement so as to vary the length of a workday or workweek.  Employees on the traditional 40-hour per week schedule or either of the CWS(s) are not eligible to earn credit hours.

H.  Flexible Work Schedules (FWS) – A work schedule that

(1)  In the case of a fulltime employee, has an 80-hour biweekly basic work requirement that allows an employee to determine his or her own schedule within the limits set by the agency; and

(2)  In the case of a part-time employee, has a biweekly basic work requirement of 32 to 64 hours that allows an employee to determine his or her own schedule within the limits set by the agency.

(3)  NRCS has one (1) type of FWS:  Flexitour

Flexitour schedule – A work schedule in which an employee is allowed to select starting and stopping times within the flexible hours.  Employees must work 8 hours a day, 5 days a week.  Once selected, the employee’s starting and stopping times are fixed until the work schedule is changed.  Employees are allowed to vary their established starting and ending times up to 30 minutes with supervisory approval. When an employee varies his/her starting time up to 30 minutes after his/her designated starting time, the employee must make up the additional minutes at the end of their day or take approved leave.  An employee is allowed to request a change in their flexitour hours up to 4 times per year.

I.  Flexilunch – Employees may expand their lunch period within the established lunch band, (11:00 a.m. – 2:00 p.m.) with supervisory approval, and make up the additional time taken at the end of the day without charge to leave.  Flexilunch is available only to those employees participating in the flexible work schedule.  Flexilunch is not available to employees on CWS or the traditional 40-hour per week schedule.

J.  In lieu of holidays – A day that is treated as a holiday for pay and leave purposes when a holiday falls on a non-workday outside of a full-time employee’s basic workweek.  Part-time employees are not entitled to an “in lieu of holiday” if the actual holiday falls on a non-workday.

K.  Intermittent Work Schedule – A type of work schedule that does not have a regularly scheduled tour of duty because the nature of the work is sporadic and unpredictable.

L.  Official Hours – The hours when an office is open for business.  This is normally 8:00 a.m. to 4:30 p.m., Monday through Friday.

M.  Time Band – 6:00 a.m. to 6:00 p.m.

N.  Traditional 40-hour workweek – A work schedule that:

(1) In the case of a full-time employee, has a 40-hour workweek, 5 days a week, 8 hours a day requirement.

(2) In the case of a part-time employee, has a basic workweek requirement of 16 to 32 hours per week.  The employee’s scheduled workday is fixed and must be between the hours of 6:00 a.m. and 6:00 p.m.

[GM_360_427_A - Amendment 126 - April 2008]

Subpart B - Work Schedules

427.10  Establishment of Workweeks

A.  All NRCS supervisors will establish a regularly scheduled workweek in writing (Subpart E, Exhibits, Section 427.40) for each full-time employee.  A regularly scheduled workweek cannot extend over more than 6 of any 7 consecutive days; therefore, work on the 7thday will be overtime work.  Work on the 6thday will be overtime work if the total for the week exceeds 40 hours (may not apply to an alternative work schedule).

B.  An employee’s work schedule is established to accomplish the mission of the NRCS and the office to which assigned.  An employee’s regularly scheduled workweek should correspond with the actual work requirements that are known at the time the tour is determined.

427.11  Establishment of Work Schedules

Assignments to tours of duty are scheduled before the beginning of the pay period.  The following shall be regarded as conditions and requirements constituting the standard to be met in establishing tours of duty and in assigning employees to their respective tours:

(1)  Traditional basic 40-hour work requirement

(i)  The basic 40-hour workweek is scheduled on 5 days, Monday through Friday when possible, and the 2 days outside the basic workweek are consecutive;

(ii)  The working hours in each day in the basic workweek are the same;

(iii)  The basic non-overtime workday may not exceed 8 hours;

(iv)  Breaks in working hours of more than 1 hour may not be regularly scheduled in a basic workday;

(v)  The occurrence of holidays may not affect the designation of the basic workweek; and

(vi)  Employees cannot earn credit hours.

(2)  Traditional part time fixed schedules

(i)  A basic workweek is 16 to 32 hours per week for employees on the traditional tour of duty or 32 to 64 hours per biweekly pay period for employees on an alternative work schedule.  The basic workweek can be scheduled up to 5 days, Monday through Friday when possible, and the 2 days outside the basic workweek are consecutive;

(ii)  The working hours and days in the basic workweek can vary to meet the needs of the office;

(iii)  The occurrence of holidays may not affect the designation of the basic workweek;

(iv)  Employees cannot earn credit hours; and

(v)  The basic workweek requirement is not applicable to employees in the Student Educational Employment Program (i.e., Student Temporary Employment Program, Student Career Experience Program).  Student employees do not have a minimum number of hours in their workweek.

(3)  Flexible Work Schedules

Flexitour Schedule:

    •  Employees are responsible for choosing a biweekly schedule within the flexible work schedule, 6:00 a.m. to 6:00 p.m. and submitting it in writing (Subpart  , Exhibits, Section 427.40) for supervisory approval;
    • The basic work requirement for full-time employees consists of an 8-hour day, 5-days a week, 40-hours a week, and 80-hours in the biweekly pay period. Employees must have an established tour of duty;
    • The basic work requirement for part-time employees is the number of hours the employee must work each day, the number of hours the employee must work in the administrative workweek, and the number of hours the employee must work in a biweekly pay period;
    • Employees select a starting time each day; however, they are allowed to occasionally vary their starting and ending times up to 30 minutes; however, when an employee varies their starting time up to 30 minutes after their designated starting time, the employee must make up this time at the end of the day or take approved leave.  Employees must complete their scheduled number of hours by 6:00 p.m.
    • Employees must be present during the core hours of 9:00 a.m. and 3:00 p.m. (unless their tour of duty has been changed on a temporary basis) or must be approved for leave during the portion of the core hours they are absent;
    • Employees are allowed to request a change in their permanent flexitour tour of duty up to four times per year;
    • Employees are eligible to earn credit hours up to 2 hours per day between the hours of 6:00 a.m. and 6:00 p.m. with supervisory concurrence;
    • An employee may be permitted to earn credit hours for work that begins before 6:00 a.m. or after 6:00 p.m. with prior approval from the DCs, RACs, STCs, National Center Directors, Directors, Pacific Islands and Caribbean Areas, or NHQ Division Directors.  Credit hours during these periods of time should only be approved on a case-by-case basis for special projects.
    • Employees may adjust their starting and ending time to enable them to travel within an 8-hour day and earn credit hours while working at the temporary duty site.  Credit hours can only be earned between the hours of 6:00 a.m. and 6:00 p.m. Monday through Friday.

(4)  Compressed Work Schedule (CWS)

(1)  5-4/9 biweekly schedule

    • A fixed work schedule that has a basic biweekly work requirement of 9-hour days during 8 days of the biweekly pay period and 8 hours on a 9th day to complete the 80-hour biweekly work requirement.  The 8-hour day can be any pre-scheduled workday in the pay period and must cover the core hours;
    • The basic workweek requirement shall consist of the number of hours the employee must work each day and the number of hours the employee must work during 9 days in a biweekly pay period;
    • Employees select a starting time each day that does not vary.  The working hours in each day in the basic workweek are the same, with the exception of the 9th day;
    • A non-workday must be scheduled in the same pay period as the nine workdays;
    • Non-overtime work is performed during the schedule that does not exceed the daily work requirement or 80 hours in the biweekly pay period;
    • Employees are not eligible to earn credit hours; and
    • Employees are allowed to request a change in their compressed work schedule up to four times per year.

(2)  Four-day workweeks

    • The basic work requirement shall consist of a 10-hour daily work requirement, a 40-hour weekly work requirement, and an 80-hour biweekly work requirement;
    • The occurrence of holidays may not affect the designation of the basic workweek;
    •  Employees are not eligible to earn credit hours; and
    • Part-time employees must have a pre-scheduled number of hours and days to work in the administrative workweek that do not exceed 10 hours in a day or cover more than four days of the workweek.
    • Supervisors have the authority to approve or deny changes in tour of duty requests except for the approval of the 4-10 hour workweek schedule.  This schedule must be approved by the Associate Chief, DCs, RACs, STCs, National Center Directors, or Pacific Islands and Caribbean Areas.

427.12  Credit Hours

A.  Credit hours are hours that an employee elects to work, with supervisory approval, in excess of the employee’s basic work requirement under a flexible work schedule.  Employees may work up to 2 credit hours per day between the flexitour time band of 6:00 a.m. and 6:00 p.m.

B.  Credit hours may be earned by employees on a flexible work schedule, (flexitour). Employees on the traditional work schedule (8 hours, 5 days a week) or fixed compressed work schedules (5-4/9, 4-10) may not earn credit hours;

C.  Members of the Senior Executive Service (SES) may not earn credit hours;

D.  Employees may earn and use credit hours in 15-minutes increments;

E.  Employees must earn credit hours before using the credit hours;

F.  Maximum carryover of credit hours from one pay period to the next is 24 hours;

G.  Supervisors have the authority to determine the method for granting prior approval (e.g., verbal, written) of credit hours.

H.  Supervisors must approve the use of credit hours before employees use them.

I.  Employees may not substitute credit hours for annually scheduled use or lose leave. 

J.  Supervisors and employees may apply time worked in excess of the maximum 24 hours as compensatory time or overtime if the supervisor approves in advance.

K.  Part-time employees may accumulate not more than one-fourth of the hours in such employee’s biweekly basic work requirement for carry over from one biweekly pay period to a subsequent pay period.

L.  An employee receives pay for a maximum of 24 unused credit hours at his or her current rate of basic pay when Federal employment ends, when the employee transfers to another Government agency, or when the employee otherwise is no longer subject to an agency’s flexible work schedule program.  The premium pay limitations in 5 USC 5547 do not apply to payment for credit hours even though they apply to payments for unused compensatory time off.

427.13  Responsibilities

A.  Supervisors

(1)  Approve or disapprove the biweekly schedule submitted by the employee.  When a supervisor cannot honor an employee’s request because of office coverage or other reasons such as unique requirements of the position, etc., the supervisor will meet with the employee(s) involved to reach a mutually acceptable alternative schedule.  If an acceptable compromise cannot be reached at that time, the supervisor will make a final determination concerning the work schedule.

(2)  After discussing with the employee, the supervisor may make changes to an employee’s work schedule to ensure adequate coverage or may make changes due to workload, training needs, attendance at meetings, travel, an operational exigency, etc.

B.  Employees

(1)  Employees must request their biweekly schedule in writing (Subpart E, Exhibits, Section 427.40) and receive approval from their supervisor.  This schedule remains in effect until the employee submits a new schedule in writing to his or her supervisor and receives approval.

(2)  Employees are responsible for choosing a 30-minute up to a maximum of 1-hour lunch period (employees do not get paid for their lunch period) within the established lunch band, (11:00 a.m. – 2:00 p.m.).  This choice should be communicated to the supervisor in writing (Subpart E, Exhibits, Section 427.40) and approved by the supervisor.  With supervisory approval, employees on the flexitour schedule may expand their lunch period within the established lunch band and make up the time at the end of the day without charge to leave.

(3)  Employees are to observe designated duty hours and be punctual in reporting for work and returning from lunch.

427.14  Changing Tour of Duty

A.  Whenever possible, changes from one tour of duty to another are to be made before the beginning of the pay period.  No tour changes are allowed after the pay period has begun, unless there is an emergency or a special situation.  Tour changes based on holidays or “in lieu of” holidays are not permitted.

B.  Requests for permanent changes in a tour of duty must be in writing (Subpart E, Exhibits, Section 427.40) to the supervisor.  Supervisors have the authority to approve or deny changes in tour of duty requests except for the approval of the 4-10 hour workweek schedule.  This schedule must be approved by the Associate Chief, DCs, RACs, STCs, National Center Directors, or Pacific Islands and Caribbean Areas.

C.  Employees on military leave or who are in travel status who are on an AWS are not required to change to the traditional 40-hour workweek for any part of a pay period for which they are on military leave or in travel status.

427.15  Emergency Situations

Nonstandard tours of duty may be established in emergency situations.  Such special tours of duty, as are needed to meet the exigencies of the situation, may be established in case of fire, flood, or other emergencies, all or any of which might have disastrous effects if not promptly checked or which require immediate action to safeguard the public interest.  In each such case, the employees involved may be assigned to a nonstandard tour of duty without the advance notice that is otherwise required, provided their supervisors are given as much advance notice as the circumstances allow.  These special tours of duty may be established under policy to be issued by the DCs, RACs, STCs, National Center Directors, Directors, Pacific Islands and Caribbean Areas, or NHQ Division Directors.  Night pay differential is applicable for all regularly scheduled work performed by an employee between the hours of 6:00 p.m. and 6:00 a.m.

427.16  Establishment of Lunch-Time Periods

A. Fixed Lunch Schedules

(1)  The lunch-time period must be for a minimum of 30 minutes and a maximum of 1 hour, (employees do not get paid for their lunch period).  Established lunch periods must be on a regular and recurring basis.

(2)  An employee who works more than 6 hours in a day MUST take a lunch-time period.

(3)  The lunch-time period must be taken within the established lunch band of 11:00 a.m. – 2:00 p.m., meaning the latest an employee can report back to work is 2:00 p.m.

B.  Flexible Lunch Schedule

(1)  The lunch-time period must be for a minimum of 30 minutes and a maximum of 1 hour (employees do not get paid for their lunch period).  Established lunch period must be on a regular and reoccurring basis.

(2)  An employee who works more than 6 hours in a day MUST take a lunch-time period.

(3)  The lunch-time period must be taken within the established lunch band of 11:00 a.m. – 2:00 p.m., meaning the latest an employee can report back to work is 2:00 p.m.

(4)  Employees may expand their lunch period from 30 minutes up to 1 hour within the established lunch band, (11:00 a.m. – 2:00 p.m.) with supervisory approval, and make up the additional time taken at the end of the day without charge to leave.

(5)  Employees with a fixed work schedule, i.e., Alternative Work Schedule, Traditional, or 4-10 hour days, are not eligible for a flexible lunch schedule.

[GM_360_427_B - Amendment 126 - April 2008]

Subpart C - Special Consideration

427.20  Temporary Assignments of Employees Working an Alternative Work Schedule (AWS)

A.  When an employee, working an approved AWS, is assigned to a temporary duty site where a different schedule is worked, the supervisor at the temporary duty site may allow the employee to continue working the previously approved work schedule.  However, exigencies at the temporary duty site may necessitate that the supervisor determine the appropriate work schedules.  The employee must comply with and work the temporary schedule at the site, as assigned.  The permanent supervisor will be advised of the temporary schedule change and will ensure that all time to be paid is appropriately accounted for.

B.  When travel, detail, training, or any portion of training includes a scheduled non-workday, one of the following changes in the work schedule may be required:

(1)  Reschedule the non-workday for the same pay period; or

(2)  Reschedule the tour of duty to a standard 8 hours per day for the pay period.

C.  Non-workdays not rescheduled for employees covered by the Fair Labor Standards Act (FLSA) (non-exempt employees) may require overtime/compensatory time.

427.21  Travel as Hours of Work

A.  All time spent traveling for official duty during scheduled duty hours are considered as “hours of work.”  Time spent traveling outside of scheduled duty hours may be considered as “hours of work,” only, under the following conditions:

(1)  The employee is covered by the FLSA (non-exempt employee) and drives a vehicle or performs other work while traveling; travels as a passenger on a one-day assignment; or, is required to travel as a passenger on an overnight assignment away from the official duty station during hours on non-workdays that correspond to the employee’s regular working hours.

(2)  The employee is not covered by the FLSA (exempt employee) and is required to perform work while traveling; is incident to travel that involves the performance of work while traveling; travel is carried out under arduous conditions; or, results from an event which could not be scheduled or controlled administratively by an agency within the Executive Branch.  (This would be a very rare occurrence).

B.  Travel time that is approved and directed and which qualifies as “hours of work” under the criteria in (A)(1) or (A)(2) above will be compensated by overtime or compensatory time.

C.  Travel time that is approved; however performed at the employee’s option and which qualifies as “hours of duty” under the criteria in (A)(1) or (A)(2) above will be allowed as earned credit hours when the employee is working a FWS (flexitour).

D.  Travel which involves the performance of work while traveling generally means work which can only be performed while traveling or work which an agency requires an employee to perform while traveling.

427.22  Compensatory Time for Travel

A.  FLSA exempt and non-exempt employees are entitled to compensatory time for approved travel in accordance with the Office of Personnel Management’s guidance when the employee travels outside of their official duty station outside of their regular tour of duty when the travel is not otherwise compensable.

B.  Members of the Senior Executive Service (SES) are not eligible for compensatory time for travel, (or any other form of compensatory time).

C.  Employees are prohibited from receiving monetary payment for compensatory time for travel.

D.  Compensatory time for travel will automatically be forfeited after 26 pay periods from when it is earned.

E.  An employee’s normal commuting time must be subtracted from time spent traveling from his/her home to a transportation carrier outside of his/her official duty station and from a transportation terminal outside of his/her official duty station to his/her home.

F.  An employee’s normal commuting time must be subtracted from time spent traveling from his/her home to a temporary duty site outside of his/her official duty station and from the temporary duty site outside of his/her official duty station to his/her home.

G.  Time spent traveling to a transportation terminal within the employee’s official duty station is considered normal commuting time and is not compensable.

H.  Bona fide meal periods must be subtracted from time spent traveling outside of an employee’s tour of duty and outside of their official duty station.

I.  Normal waiting time at transportation terminals is compensable; however, extended waiting periods are not.

J.  Compensatory time for travel can be used in 15 minute increments.

K.  There is no limitation on the amount of compensatory time off for travel an employee may earn.

L.  If an employee chooses to travel during a time period that is not advantageous to the Government or a use an alternative mode of transportation that is not advantageous to the government, the employee can receive an estimated number of compensatory time for travel based on the most advantageous time period and mode of transportation to the government.

M.  Employees must follow General Manual, Title 360, Part 415, Leave, when requesting to use earned compensatory time for travel.

427.23  Travel as Hours of Work on a Holiday

FLSA exempt and nonexempt employees are generally not entitled to holiday premium pay for time spent in work-related travel during a holiday.  Travel is only considered hours of work for both FLSA exempt and nonexempt employees if it meets one of the criteria in Section 427.21(A)(2).

427.24  Variation for Educational Purposes

A.  At the discretion of the DCs, RACs, STCs, National Center Directors, Directors, Pacific Islands and Caribbean Areas, or NHQ Division Directors, work schedules may be adjusted to establish special tours of duty of not less than 40 hours for non-temporary, full-time employees to enable them to take courses in nearby colleges or universities with the following provisions:

(1)  There is a work-related purpose;

(2)  The completion of the course(s) will equip the employee for more effective work in NRCS.

(3)  The tour change will not interfere with the work schedules of other employees or the work of the unit.

(4)  The employee will not receive premium pay solely because the special tour of duty causes the employee to work on a day, or a time during the day for which premium pay would otherwise be payable.

B.  At the discretion of the DCs, RACs, STCs, National Center Directors, Directors, Pacific Islands and Caribbean Areas, or NHQ Division Directors, work schedules may be adjusted to enable non-temporary, full-time employees to teach at educational institutions.

[GM_360_427_C - Amendment 126 - April 2008]

Subpart D - Holidays

427.30  Identification of Holidays

A.  The following have been designated by Federal Statutes or Executive Order as holidays in USDA for pay and leave purposes.

(1)  New Year’s Day, January 1

(2)  Martin Luther King’s birthday, third Monday in January

(3)  President’s Day, third Monday in February

(4)  Memorial Day, last Monday in May

(5)  Independence Day, July 4

(6)  Labor Day, first Monday in September

(7)  Columbus Day, second Monday in October

(8)  Veterans Day, November 11

(9)  Thanksgiving Day, fourth Thursday in November

(10)  Christmas Day, December 25

(11)  Inauguration Day (in the Washington, D.C., Metropolitan Area only)

Note:  If Inauguration Day falls on an employee’s non-workday, the employee is not entitled to an “in lieu of” holiday.  It is not a holiday for celebration purposes, it is to remove as many employees and vehicles as possible from the area during the festivities.

B.  Holiday Observance.

(1)  If a holiday occurs on a Saturday, it will usually be observed on the preceding Friday;

(2)  If a holiday occurs on a Sunday, it will usually be observed on the following Monday.

C.  Holiday pay for traditional 40-hour workweek tour of duty and flexitour.  A full-time employee who is relieved or prevented from working on a day designated as a holiday (or an “in lieu of” holiday) is entitled to pay with respect to that day for 8 hours.

D.  Holiday pay for 5-4/9 biweekly schedule and 4-day workweek.

Full-time employee working 4-day workweeks who is relieved or revented from working on a day designated as a holiday (or an “in lieu of” holiday) is entitled to pay with respect to that day for 10 hours; a full-time employee working a 5-4/9 work schedule is entitled to 9 hours if a 9-hour day is scheduled for that day or 8 hours if an 8-hour day is scheduled.

E.  Holidays on a “scheduled non-workday” for Compressed schedules.

(1)  When a holiday falls on an employee’s scheduled non-workday, the scheduled non-workday remains the same and the employee receives an “in lieu of” holiday the preceding workday except when the actual holiday falls on Sunday regardless of the pay period it affects.  When Sunday is the actual holiday and the holiday is recognized on Monday (which is the employee’s scheduled non-duty day), the default “in lieu of” holiday is Tuesday.

(i)  Example:  If July 4th falls on a Monday, employees whose non-duty day is on that Monday would have the preceding Friday as their “in lieu of” holiday;

(ii)  If July 4th falls on a Sunday and is recognized on Monday employees whose non-duty day is on that Monday would have Tuesday as their “in lieu of” holiday.

(2)  The Chief can determine that a different “in lieu of” holiday is necessary to prevent an adverse impact on the Agency.  An adverse impact is the reduction of the productivity of the agency; a diminished level of services furnished to the public by the agency; or an increase in the cost of agency operations.

F.  Part-time employees and intermittent employees holiday schedules.

(1)  A part-time employee who is relieved or prevented from working on a regularly scheduled day during his tour of duty because the day is an actual holiday, is entitled to the appropriate portion of his or her biweekly basic work requirement for that day. A part-time employee is not entitled to an “in lieu of” holiday if the actual holiday falls on a non-workday.

(2)  Intermittent employees are not entitled to holiday pay.

[GM_360_427_D - Amendment 126 - April 2008]

Subpart E - Exhibits

427.40  Tour of Duty Request

A.  Employee:  _______________________________________________

B.  Tour of Duty Requested:  (Circle your choice):

(1)  Basic Tour -10 eight hour days per pay period.

(2)  Compressed Tour (5-4/9) – 8 nine hour days and 1 eight hour day per pay period.

(3)  Four Day Tour - 8 ten hour days per pay period (Not commonly used by NHQ.  However, may be used on a case by case basis upon approval of the appropriate Deputy Chief.)

(4)  Flexitour – 10 eight hour days per pay period and the ability to earn credit leave.

C.  Requested Hours of Duty:

(1)  Starting time____________AM

(2)  Ending time_____________PM

(3)  Lunch Period____________AM or PM to ________________AM or PM (Circle AM or PM as applicable)

D.  Flexitour Tour:

The hours of duty for a requested Flexitour schedule must reflect an eight hour day.  Work time in excess of eight hours will be earned credit leave and must be recorded on the time sheet accordingly. Credit leave cannot exceed two hours per day.

E.  Compressed Tour:

(1)  State your non-duty day:________________________

Indicate which week of pay period:___________1stwk ____________2ndwk

(2)  State your 8-hour day:__________________________

Indicate which week of pay period:___________1stwk ____________2ndwk

Start and end time entered above should reflect your nine hour day.

Approved:___________________________________ Date:___________

[GM_360_427_E - Amendment 126 - April 2008]