Compensatory Time Off for Travel
The Office of Personnel Management issued interim regulations on January 27, 2005 to implement a provision of the federal Workforce Flexibility Act of 2004, which established a new form of 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. These regulations were effective January 28, 2005. Since these are interim regulations, there could be changes before they become final.
The new compensatory time off provision applies to employees in Executive agencies, such as NASA, without regard to whether the employee is exempt from or covered by the overtime pay provisions of the Fair Labor Standards Act. This includes employees in clerical, technical, scientific or professional positions, as well as Senior Scientific and Technical (ST) positions, Senior Level (SL) positions, but not members of the Senior Executive Service (SES).
To qualify for this provision, travel must be officially authorized. Employees may receive compensatory time off for travel only for those hours spent in a travel status on a regularly scheduled work day, or on a non-work day. This includes only the time actually spent traveling between the official duty station and a temporary duty station, or between two temporary duty stations, and the usual waiting time that precedes or interrupts travel. Travel to and from a transportation center (i.e., airport, train station, etc) that is within the limits of the employees official duty station, is considered commuting time and is not eligible for this provision. However, travel to and from a transportation center, or a temporary duty station, outside the limits of the employee’s official duty station may be offset by the difference in normal commuting time and the increased commuting time.
Airline travelers generally are required to arrive at the airport at a designated pre-departure time (e.g., 1 or 2 hours before the scheduled departure, depending on whether the flight is domestic or international). Such waiting time at the airport is considered usual waiting time and is creditable time in a travel status. Time spent at an intervening airport waiting for a connecting flight (e.g., 1 or 2 hours) is also creditable time in a travel status. Bona fide meal periods are not considered time in a travel status. The Center has the discretion to determine what is creditable usual waiting time particularly when an employee experiences an unusually long wait prior to initial departure or between periods of travel. Waiting periods and extended waiting periods that occur during an employee’s regular working hours are compensable as part of an employee’s regularly scheduled administrative work week.
Compensatory time off for travel will be credited in 15 minute increments. GSFC employees should request approval in advance from their supervisor for compensatory time off for travel when it is anticipated that compensatory time will be required. In those circumstances where the compensatory time off for travel cannot be anticipated, employees must request approval from their supervisor within one pay period from the end of the travel where the compensatory time was earned. Employees should enter the number of hours earned of compensatory time off for travel (“TCTE”) in WEBTADS when completing their time card. When using compensatory travel time off for travel, employees should enter the number of hours used (“TCTU”) in WEBTADS when completing their timecard. There is no limitation for the amount of compensatory time off for travel that can be earned. Like any form of leave, an employee must request permission from the supervisor to schedule the use of accrued compensatory time off for travel.
Employees must use accrued compensatory time off for travel by the end of the 26th pay period after the pay period in which it was earned, or the employee must forfeit the time off. There are some circumstances when credit for unused compensatory time off for travel can be extended beyond the 26th pay period after which it was earned. For more information, refer to Question # 18 in the Question and Answers document below. In most cases, when an employee separates from the Federal service or transfers to another agency, the employee must forfeit all of his or her unused compensatory time off for travel.
Employees required to travel on a federal holiday or an “in lieu of” holiday may not earn compensatory time off for travel during basic non-overtime holiday hours because they are entitled to their rate of basic pay for those hours. Compensatory time off for travel may be earned by an employee only for time spent in a travel status away from the employee’s official duty station when such time is not otherwise compensable.
For additional information regarding compensatory time off for travel, the following questions and answers document, and travel examples were developed by the Office of Personnel Management and can be viewed at the following web sites:
Questions and Answers:
http://www.opm.gov/oca/compmemo/2005/2005-03-att1.asp
Travel Examples:
http://www.opm.gov/oca/compmemo/2005/2005-03-att2.asp
These documents may also be viewed on the Office of Human Resources web page.
For additional information please contact Nelson Rodriguez at X6-2883.
