6109.11_20 Page 1 of 11 FOREST SERVICE HANDBOOK NORTHERN RESEARCH STATION NEWTOWN SQUARE, PA FSH 6109.11– ADMINISTRATION, ATTENDANCE AND LEAVE HANDBOOK CHAPTER 20– ATTENDANCE AND LEAVE Supplement No.: NRS-6109.11-2007-1 Effective Date: December 12, 2007 Duration: Effective until superseded or removed. Approved: MICHAEL T. RAINS Station Director Date Approved: 12/12/2007 Posting Instructions: Supplements are numbered consecutively by Handbook number and calendar year. Post by document name. Remove entire document and replace with this supplement. Retain this transmittal as the first page of this document. The last supplements to this Title were NE/NA-6109.11-2003-1 and NC-6109.11-1993-2. New Document(s): Superseded Document(s): (NE/NA-6109.11-2003-1 dated 11/12/2003 and NC-6109.11-1993-2 dated 10/26/1993.) 20 21 22 26 22 25 26 11 Pages 4 Pages NRS SUPPLEMENT 6109.11-2007-1 EFFECTIVE DATE: 12/12/2007 DURATION: Effective until superseded or removed 6109.11_20 Page 2 of 11 FSH 6109.11 – ADMINISTRATION, ATTENDANCE AND LEAVE HANDBOOK CHAPTER 20 – ATTENDANCE AND LEAVE Digest: 20.5 Defines Maxiflex work schedules. 21.1 Defines the regularly scheduled administrative work week. 22 Lists the policy for establishment of work schedules. 22.22a States the guidelines for Maxiflex work schedules. 22.22b Describes flexible time bands. 22.22c Explains Core time. 22.22f Describes overtime hours worked. 22.22g Explains the policy for night pay. 22.22h Explains the policy for Sunday pay. 22.22i Explains the policy for holiday pay. 22.23d Explains the policy for earning and using credit hours. 26 Explains the policy for annual and sick Leave. 26.15 Explains how leave is charged when an employee is in travel status. NRS SUPPLEMENT 6109.11-2007-1 EFFECTIVE DATE: 12/12/2007 DURATION: Effective until superseded or removed 6109.11_20 Page 3 of 11 FSH 6109.11 – ADMINISTRATION, ATTENDANCE AND LEAVE HANDBOOK CHAPTER 20 – ATTENDANCE AND LEAVE 20.5 – Definitions Maxi-flex is a type of flexible work schedule that contains core hours on fewer than 10 workdays in the biweekly pay period. While working this schedule a full-time employee has a basic work requirement of 80 hours for the pay period, but the employee may vary the number of hours worked on a given workday or the number of hours each week. 21.1 – Regularly Scheduled Administrative Workweek 5 CFR 610.111 (a) (1) defines a regularly scheduled administrative workweek as "...a basic workweek of 40 hours which does not extend over more than six of any seven consecutive days.” The regularly scheduled administrative workweek is the period within which an employee is regularly scheduled to work. The normal regularly scheduled administrative workweek for the Station is: Sunday through Saturday, 5:00 A.M. - 10:00 P.M. Unless the employee has a regularly scheduled workweek that includes Saturday and/or Sunday, regular time, transaction code (TC) 01 will not be charged on Saturdays or Sundays. On any day, time worked between 5:00 – 6:00 A.M. and from 6:00 – 10:00 P.M., including weekends, must be charged to Credit Hours (TC29), Compensatory Time(TC32), or Overtime (TC21), NOT Regular (TC01) time. An employee’s regularly scheduled administrative workweek (RSAW) must be recorded in the header of his or her Paycheck record. This is used to compute administrative leave during early dismissal situations such as hazardous weather events. 22- ESTABLISHMENT OF WORK SCHEDULES The Established Tour of Duty, commonly called a work schedule, will not begin before 6:00 A.M. nor extend beyond 6:00 P.M. Exceptions based on special work requirements (i.e., field work) may be approved by the supervisor. Each employee will designate his/her Established Tour of Duty in Block 8 on the Time and Attendance Report. All employees are under Maxiflex, unless otherwise designated in block 8 of their time and attendance reports. All employees may request approval to change their hours of work under the Maxiflex work schedule. Supervisors have the authority to approve or disapprove individual requests. When any request for a particular schedule is denied, the employee will be notified as to the reason for denial. Any work schedule that conflicts with the duties of a position, hampers its effectiveness or overall service objectives, results in reduced productivity, or increases the cost of Forest Service operations will be disapproved, discontinued or modified. All Forest Service office and field operations will be adequately staffed during normal customer service hours (Monday through Friday, 8:00 A.M. - 4:30 P.M. except Federal holidays). The basic work requirement is as follows: A full-time employee must work the equivalent of 80 hours per pay period. A part-time employee must work the equivalent of no less than 32 hours nor more than 64 hours per pay period. In figuring the basic work hour requirement, account for only Base hours, normally NRS SUPPLEMENT 6109.11-2007-1 EFFECTIVE DATE: 12/12/2007 DURATION: Effective until superseded or removed 6109.11_20 Page 4 of 11 FSH 6109.11 – ADMINISTRATION, ATTENDANCE AND LEAVE HANDBOOK CHAPTER 20 – ATTENDANCE AND LEAVE including Time Code (TC) 01 Regular time – base rate, (50) Credit Hours Taken, (61) Annual Leave, (62) Sick Leave, (64) Compensatory Time Used & (66) Other Paid Absence (including holidays and administrative excusal). 22.22a – Scheduled Tour of Duty - Maxiflex Schedule Guidelines Combinations of base and/or credit hours worked in any one day cannot exceed 11 ½ hours, or in any one week 50 hours. With few exceptions, total hours worked in any one day, including base, credit, overtime, and/or compensatory time, may not exceed 12 hours. Fire is the only standard exception. Work schedules will start and end at 15-minute intervals on the quarter hour. Any rest breaks are included as compensated time in the basic workday. On any workday that exceeds 6 hours, employees are expected to observe a minimum 30 minute non-compensable lunch break. Supervisors may decide when the half-hour non-compensable lunch break is to occur, but at the supervisor's discretion this determination may be made by the employee. Employees who refrain from taking a scheduled 15-minute morning and afternoon rest break may not reduce their time at work, such as by arriving late or leaving early, or adding the time to their uncompensated (lunch) break. Any employee who chooses to "flex" his/her work schedule and work anytime between 5:00 6:00 A.M. or 6:00 - 10:00 P.M., will code these hours to TC 29. These hours are not part of the regularly scheduled workweek, do not count toward base hours, and night differential will not be paid. During training assignments employees normally assume the established training schedule as their normal work day. They are guaranteed a minimum eight hours of regular (TC01) time (except for the last day) even when the training schedule is less than eight hours. Employees may opt to remain on their current work schedule in those situations where the supervisor can ensure that the flexible work schedule will be completed, i.e. local training courses. Other Work Schedules Traditional work schedules include those schedules permissible prior to enactment of alternative work schedule legislation, such as, the five 8-hour workday schedule, first 40-hour schedule, part-time and intermittent schedules. Additional work schedules are the 5-4/9 work schedule and the four-10 work schedules. Time-Accounting System Supervisors must certify employees' entitlement to pay, including the number of hours of duty, attendance, and the nature and length of absences. The method to record such certification will be by signature on the Time and Attendance Report which shows starting and stopping times and periods of absences. NRS SUPPLEMENT 6109.11-2007-1 EFFECTIVE DATE: 12/12/2007 DURATION: Effective until superseded or removed 6109.11_20 Page 5 of 11 FSH 6109.11 – ADMINISTRATION, ATTENDANCE AND LEAVE HANDBOOK CHAPTER 20 – ATTENDANCE AND LEAVE First 40 Tour of Duty Under some circumstances when it is not practical to establish a definite, prearranged weekly tour of duty because working hours are determined by irregular and often unpredictable needs for service, an indefinite workweek may be established. Schedule an indefinite tour in advance, and only for the period while needs for service are irregular and unpredictable. The basic workweek for indefinite tour employees is the first 40 hours in a pay status including hours worked, creditable holiday absence, compensatory time and/or leave during this period. The 40 hours must occur during six, and preferably five, of the days of the administrative workweek. In the event that work is officially ordered and performed on a holiday, up to 8 hours of such work will be compensated for at holiday premium rates. All work performed by an employee within the first 40 hours is considered regularly scheduled work for premium pay (Sunday night differential) and hours of duty purposes. First 40-hour tours will not be used to circumvent overtime pay or compressed work schedules. Putting an employee under a first 40-hour tour of duty requires approval by the Director and a personnel action must be processed. Standard Tour of Duty (Base 8) Each full time employee has a fixed scheduled tour of duty consisting of five 8-hour days. Parttime employees have a fixed schedule as pre-approved by the supervisor. Employees cannot vary their arrival and departure times. If an employee arrives to work a half hour late, the employee must use a half hour of leave. Employees cannot earn or use credit hours. A full time employee relieved from work on a holiday is entitled to pay for 8 hours. A part-time employee relieved from work on a holiday is entitled to pay for the number of scheduled hours that fall on the holiday. Intermittent An unscheduled tour of duty requiring service on an irregular or occasional basis is intermittent. Employees are compensated only for time actually employed. Employees do not need to account for 8 hours per day or 40 hours per week. They cannot use or earn leave. Overtime applies to work over 8 hours per day and/or 40 hours per week. 22.22b – Flexible Time Bands Flexible hours are the times during the workday, workweek, or pay period (excluding core time) during which an employee may choose to vary his or her times of arrival to and departure from the work site, consistent with the duties and requirements of the position. Flexible hours are: Sunday through Saturday, 5:00 – 9:00 A.M. and 3:00 – 10:00 P.M. Time worked before 6:00 A.M. or after 6:00 P.M. must be charged to Credit Hours, Compensatory Time, or Overtime. NRS SUPPLEMENT 6109.11-2007-1 EFFECTIVE DATE: 12/12/2007 DURATION: Effective until superseded or removed 6109.11_20 Page 6 of 11 FSH 6109.11 – ADMINISTRATION, ATTENDANCE AND LEAVE HANDBOOK CHAPTER 20 – ATTENDANCE AND LEAVE 22.22c – Core Time Core Time includes the days and the hours during the workday or the work week during which an employee on a Maxiflex schedule must be present for work. Core hours are: Monday through Friday, 9:00 A.M. - 3:00 P.M. The default core days for employees on Maxiflex schedules will be Tuesday through Thursday plus Monday or Friday in any given workweek. For example: an employee can work Monday through Thursday or Tuesday through Friday covering core hour requirements and “flex” the other two days with no requirement to cover core hours. Absences during core time, except for a regular uncompensated, uninterrupted minimum 30 minute (lunch) break, must be charged to appropriate leave (i.e. annual leave, sick leave, compensatory time taken, credit hours taken, leave without pay, absent without leave) unless the supervisor authorizes the employee to deviate from core time hours and make up the absence during flexible hours in the same workday, or subsequent workdays, within the pay period. Such instances should be rare, such as emergencies. 22.22f – Overtime Hours Overtime work is work in excess of 8 hours in a day or 40 hours in a workweek. Overtime work is officially ordered in advance by management, and performed in addition to an employee's basic work requirement. Management may order an employee who is covered by Maxiflex to work hours that are in excess of the number of hours the employee planned to work on a specific day (coded to TC 21 or TC 32). Compensatory Time Off Compensatory time off is distinguished from credit hours in that compensatory time off derives from entitlement to pay for overtime work. Entitlement to compensation in the form of credit hours derives from work performed at the option of the employee in excess of the employee's basic work requirement. Supervisors may grant compensatory time off in lieu of overtime pay at the request of the employee. Mandatory compensatory time off, in lieu of overtime pay for irregular or occasional over- time work, may be ordered for employees who are Fair Labor Standards Act (FLSA) exempt and whose rate of basic pay exceeds the rate for GS-10, step 10. However, this does not apply to wage grade employees and other employees who are FLSA exempt. 22.22g - Night Pay If the employee's tour of duty includes 8 or more hours available for work during daytime hours (6:00 A.M. - 6:00 P.M.), he or she is not entitled to night pay even though they voluntarily elect to work during hours for which night pay is normally required (6:00 P.M. - 6:00 A.M.). If an employee’s job requires a pattern of regularly working base hours between the hours of 6:00 P.M. to 6:00 A.M., night differential (TC 11) will be paid. NRS SUPPLEMENT 6109.11-2007-1 EFFECTIVE DATE: 12/12/2007 DURATION: Effective until superseded or removed 6109.11_20 Page 7 of 11 FSH 6109.11 – ADMINISTRATION, ATTENDANCE AND LEAVE HANDBOOK CHAPTER 20 – ATTENDANCE AND LEAVE Night differential will be paid if a supervisor orders and a line officer approves in writing an employee to work a tour of duty outside the hours of 6:00 A.M. - 6:00 P.M. Such approvals should be rare and will not be granted to increase an employee's entitlement to night pay or other premium pay. An employee who performs regularly scheduled overtime work at night is also entitled to night pay (TC 25/26). 22.22h - Sunday Pay A full-time employee, whose regularly scheduled tour of duty includes Sunday will be entitled to Sunday differential pay (TC 04). Any employee who performs regularly scheduled non-overtime work, a part of which is performed on Sunday, is entitled to Sunday differential pay for the entire daily tour of duty, not to exceed 8 hours. A part-time employee is not entitled to Sunday differential pay. 22.22i - Holiday Pay A part-time employee on a Maxiflex work schedule is entitled to pay for the typical, average, or scheduled number of hours of work for the holiday. If a part-time employee has maintained a reasonably consistent schedule for several pay periods, the employee will be paid for the number of hours he or she would have worked. If a part-time employee has no typical schedule, the number of hours worked in prior weeks on days corresponding to the holiday will be averaged to determine an employee's pay entitlement for that holiday. An employee will not schedule more hours of work on a holiday than he or she scheduled in prior weeks on days corresponding to the holiday. Work performed on a holiday should be rare and based only on the needs of the work unit. Working on a holiday is not up to the discretion of the employee. Advanced supervisory approval is required. Under Maxiflex, holiday pay (TC 31) for non-overtime work within the regularly scheduled tour of duty is limited to 8 hours. This code does not apply to employees on an intermittent work schedule. Administrative Leave When authorized, the amount of Administrative Excusal (commonly referred to as Excused Absence or Administrative Leave) to be granted an employee working on a Maxiflex schedule will be based on the employee’s typical schedule. When there is a variation in an employee’s arrival time such that there is no discernable pattern, the mathematical average of the employee’s arrival time for the previous two-week period will be computed and the average arrival time will be used as a reference for determining leave. A full-time employee on a Maxiflex work schedule is entitled to a maximum of 8 hours pay (TC 66) for that day. NRS SUPPLEMENT 6109.11-2007-1 EFFECTIVE DATE: 12/12/2007 DURATION: Effective until superseded or removed 6109.11_20 Page 8 of 11 FSH 6109.11 – ADMINISTRATION, ATTENDANCE AND LEAVE HANDBOOK CHAPTER 20 – ATTENDANCE AND LEAVE 22.23d - Credit Hours Credit hours (TC 29Earned/TC 50 used) are those hours within a flexible work schedule that an employee elects to work in excess of his or her basic work requirement to extend a workday or workweek. Credit hours may be earned only when the time worked is otherwise compensable. Management cannot order an employee to work credit hours; credit hours are worked at the election of the employee. They are distinguished from overtime hours in that they are not officially ordered and approved in advance by management. Management will not adjust employees' work schedules for the purpose of avoiding overtime or other premium or extra compensation. Management will not ask employees to earn or use credit hours to avoid paying overtime. Credit hours may not be used by an employee to increase his or her entitlement to overtime pay. Credit hours are earned at the election of the employee, but it is recommended that there be a general agreement between the supervisor and employee prior to the earning of credit hours. Supervisors may set standards and expectation regarding the earning and use of credit hours within the context of a flexible work schedule. For example, a supervisor may require that the use of credit hours be scheduled and approved in advance in the case of any other absence from work. Credit hours may be worked (earned) on Sunday through Saturday, 5:00 A.M. - 10:00 P.M. Credit Hours may not be worked on holidays. Credit hours may not be earned while an employee is in training. Credit hours for travel will be in accordance with existing law and regulations. See section 26.15 “leave charges during travel status” below for more information. A maximum of 24 credit hours may be carried over from one pay period to another under Maxiflex. If an employee is no longer subject to a flexible work schedule, the employee must be paid for accumulated credit hours at his or her current base rate of pay. Payment for accumulated credit hours is limited to not more than 24 hours for a full-time employee. For a part-time employee, payment is limited to not more than one-quarter of the employee's biweekly work requirement. Credit hours are considered hours of work and may be earned only at times that would be otherwise compensable under existing federal pay laws and pay regulations. Under existing laws and regulations, there may be times when an employee is not entitled to receive compensation while in official travel status outside the employee’s regular working hours. Credit hours may be earned and used in the same biweekly pay period. Credit hours cannot be earned outside of 5 A.M. to 10 P.M. 26 – Annual and Sick Leave Use of annual leave, advanced sick leave, and/or leave without pay must be requested by the employee and approved by his or her supervisor in advance. NRS SUPPLEMENT 6109.11-2007-1 EFFECTIVE DATE: 12/12/2007 DURATION: Effective until superseded or removed 6109.11_20 Page 9 of 11 FSH 6109.11 – ADMINISTRATION, ATTENDANCE AND LEAVE HANDBOOK CHAPTER 20 – ATTENDANCE AND LEAVE Employees must charge time off work during core time (unless allowed by supervisor to deviate) to an appropriate leave category. Additionally, time off during an employee's basic work requirement must be charged to the appropriate leave category: annual or sick leave (TC 61, 62,) credit hours (TC 50), compensatory time (TC 64), LWOP (TC 71), etc. An employee may apply no more annual leave, sick leave, credit hours, or leave without pay to a given day than he or she is scheduled to work on that day. 26.15 – Leave Charges During Travel Status Employees shall be compensated for Travel Time as authorized under Title 5 and FLSA. Normally, employees will not be expected to travel without being eligible for compensation. However, if an employee is expected to travel on Government business without entitlement to compensation, he/she will be notified in advance and given the reason(s). Because travel in connection with Government work is not voluntary in nature, an employee may not earn credit hours during actual time spent traveling to and from temporary duty. However, new regulations allow employees to earn compensatory time under specific situations, see OPM regulations found at: https://www.opm.gov/oca/pay/HTML/compensatory_time.asp. Travel During Regular Work Hours An employee working a flexible schedule will be compensated for hours spent traveling within the regularly scheduled administrative workweek (Monday through Friday, 6:00 A.M. -6:00 P.M.), and within the basic work requirement (80 hours per pay period). These hours are to be coded to TC 01 (Base Time). Travel Outside Regular Work Hours There are separate determinations for exempt and nonexempt employees under FLSA and Title 5 U.S.C. Exempt Employees An exempt employee working a Maxiflex schedule will be compensated under Title 5 for hours spent traveling outside the regularly scheduled administrative workweek (Monday through Friday, 6:00 A.M. - 6:00 P.M.), and outside the basic work requirement (80 hours) if the travel meets one of the following conditions: 1. involves the performance of actual work while traveling; 2. is incident to travel that involves the performance of work while traveling; 3. is carried out under such arduous and unusual conditions that the travel is inseparable from work; or NRS SUPPLEMENT 6109.11-2007-1 EFFECTIVE DATE: 12/12/2007 DURATION: Effective until superseded or removed 6109.11_20 Page 10 of 11 FSH 6109.11 – ADMINISTRATION, ATTENDANCE AND LEAVE HANDBOOK CHAPTER 20 – ATTENDANCE AND LEAVE 4. results from an event that could not be scheduled or controlled administratively, including travel by an employee to such an event and the return of the employee to his or her official duty station. These hours are to be coded to overtime (TC 21). An employee may charge these hours to compensatory time (TC 32) at his/her request. Exceptions: 1) Attendance at professional meetings or societies; i.e., Society of American Foresters. 2) Training at an institution that conducts events solely for the benefit of the Government; i.e., USDA Graduate School courses. Nonexempt Employees A nonexempt employee working a Maxiflex schedule will be compensated under Title 5 or Fair Labor Standards Act (FLSA) for hours spent traveling outside the regularly scheduled workweek (Monday through Friday, 6:00 A.M. - 6:00 P.M.), and outside the basic work requirement (80 hours per pay period) if the travel meets one of the following conditions: Title 5 1. Travel involves the performance of actual work while traveling; 2. is incident to travel that involves the performance of work while traveling; 3. is carried out under such arduous and unusual conditions that the travel is inseparable from work; or 4. results from an event that could not be scheduled or controlled administratively including travel by an employee to such an event and the return of the employee to his or her official duty station. See above listed exceptions. Fair Labor Standards Act (FLSA) An employee: 1. is required to drive a vehicle or perform other work while traveling; 2. is required to travel as a passenger on a one-day assignment away from the official duty station; or 3. is required to travel as a passenger on an overnight assignment away from the official duty station during hours on non-workdays that corresponds to the employee's regular working hours. NRS SUPPLEMENT 6109.11-2007-1 EFFECTIVE DATE: 12/12/2007 DURATION: Effective until superseded or removed 6109.11_20 Page 11 of 11 FSH 6109.11 – ADMINISTRATION, ATTENDANCE AND LEAVE HANDBOOK CHAPTER 20 – ATTENDANCE AND LEAVE These hours are to be coded to overtime (TC21). An employee may charge these hours to compensatory time (TC 32) at his/her request. Refer to Travel Compensation Time Regulations in the FTR for coding travel that is not otherwise compensable.