3 FAM 3130
PREMIUM COMPENSATION
(CT:PER-880; 09-25-2017)
(Office of Origin: HR/RMA)
3 FAM 3131 AUTHORITIES AND PROCEDURES
(CT:PER-664; 01-27-2012)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Civil Service and Foreign Service Employees)
Authorities include:
5 U.S.C. 5541 - 5550
5 U.S.C. 5926
5 CFR 550
5 CFR 551 (Fair Labor Standards Act, FLSA)
Section 412 of the Foreign Service Act of 1980
3 FAM 3132 GENERAL RULES
(CT:PER-664; 01-27-2012)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Civil Service and Foreign Service Employees)
a. Premium compensation for overtime work is provided
under three statutes:
(1) 5 U.S.C.;
(2) The Fair Labor Standards Act (FLSA); and
(3) Section 412 of the Foreign Service Act of 1980
(codified at 22 U.S.C. 3972).
b. Premium compensation for night, Sunday, and holiday
work is provided under 5 U.S.C. 5542 (Subchapter V - Premium Pay).
c. Experts and consultants are not entitled to
overtime pay under 5 U.S.C. 5542 but may qualify for premium pay. See: 5 CFR
304.106(b), (c).
3 FAM 3133 OVERTIME
(CT:PER-664; 01-27-2012)
3 FAM 3133.1 General Overtime
Provisions
(CT:PER-664; 01-27-2012)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Civil Service and Foreign Service Employees)
Regulations governing overtime in general are published
in:
5 CFR 550.101 - 550.187
5 CFR 551.501 - 551.541
3 FAM 3133.2 Regular Compensatory
Time Off
(CT:PER-391; 12-15-2000)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Civil Service and Foreign Service Employees)
Regulations governing regular compensatory time off are
published in:
5 CFR 550.114
5 CFR 551.531
3 FAM 3133.3 Requirement for
Regular Compensatory Time Off for Irregular Overtime Work
(CT:PER-868; 08-24-2017)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Civil Service and Foreign Service Employees)
For irregular overtime work scheduled after the beginning
of the administrative workweek, eligible Foreign Service and Civil Service
employees whose basic annual pay exceeds the maximum rate for GS-10 (i.e.,
above the salary of GS-10, step 10) must be granted regular compensatory time
off instead of overtime pay. An exception to this policy may be authorized by HR/RMA/CCP (5 CFR 550.101(b)(17/18)) at the
request of an executive director for specific units whose personnel are
frequently required to perform irregular overtime work.
3 FAM 3133.4 Special Compensatory
Time Off at Isolated Posts and Certain Other Designated Posts in Foreign Areas
(CT:PER-880; 09-25-2017)
3 FAM 3133.4-1 Definitions
(CT:PER-391; 12-15-2000)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Civil Service and Foreign Service Employees)
"Special compensatory time off at isolated posts and
certain other designated posts in foreign areas" means time off from work
during the employees basic workweek for an equal amount of regularly scheduled
overtime work at specified foreign posts.
3 FAM 3133.4-2 Authority
(CT:PER-391; 12-15-2000)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Civil Service and Foreign Service Employees)
Authority for special compensatory time off at isolated
posts and certain other designated posts in foreign areas is published in:
5 U.S.C. 5926
5 U.S.C. 5921
Chapter 800 of the Standardized Regulations
3 FAM 3133.4-3 Eligibility
(CT:PER-880; 09-25-2017)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Civil Service and Foreign Service Employees)
U.S. citizen employees of the foreign affairs agencies
officially assigned to positions in foreign areas on a full-time, part-time, or
temporary-duty status, and receiving basic compensation, are eligible for
special compensatory time off at isolated posts and certain other designated
posts in foreign areas. The eligible U.S. citizen employees include
ambassadors, Senior Foreign Service members, Foreign Service officers (FSOs),
and others who are exempt from 5 U.S.C. Chapter 55
(Subchapter V, Premium Pay, including regular compensatory time off, as well as
those covered by Premium Pay).
3 FAM 3133.4-4 Isolated Post
Benefit
(CT:PER-664; 01-27-2012)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Civil Service and Foreign Service Employees)
a. An "isolated post" means a post:
(1) That is in a foreign area as defined in 5 U.S.C.
5921(6);
(2) That must operate as a self-contained community in
a remote and desolate area where access to alternative sources of social
contact is limited by physical barriers of distance and/or restrictions of the
post; and
(3) Where some or all functions are required to be
maintained on a substantially continuous basis at least 16 hours per day, 7
days a week.
b. The designation of an isolated post must be approved
by the Deputy Assistant Secretary for Human Resources (DGHR) of the Department
of State.
c. The principal officer at post or designee may grant
special compensatory time off to an employee serving at an isolated post who
performs functions required to be maintained at least 16 hours a day, 7 days a
week.
d. Time off earned under this section must be for use
only while the employee is assigned to the post where it is earned.
e. Employees eligible for overtime pay under 5 U.S.C.
who perform regularly scheduled overtime work under this section may elect in
writing to receive compensation at overtime rates under 5 CFR 550 and 5 CFR 551
instead of special compensatory time off under this section. This election
must be made during the pay period in which the overtime is scheduled and may
not later be changed.
3 FAM 3133.4-5 Benefit at Other
Designated Posts
(CT:PER-664; 01-27-2012)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Civil Service and Foreign Service Employees)
a. This section applies to posts in a locality where
irregular hours of work are customarily observed, or where other special
conditions make it desirable to schedule the workweek on other than the usual
five 8-hour days. Such scheduling will permit closer conformity to local
practices.
b. The principal officer at post or designee approves
the scheduling of workweeks under this provision.
c. Credit for special compensatory time off under this
section:
(1) Must not be converted to overtime pay;
(2) Must be for use only when the employee is assigned
to the post where it is earned;
(3) Must be used during the pay period in which it is
earned; and
(4) Must be forfeited if not used by the time the
employee is reassigned to another post.
d. If an employee has unused special compensatory time
off credited at the time of departure from post on home leave orders, such
compensatory time off may be approved for use during home leave, if authorized
by the personnel office of the agency headquarters.
e. If special compensatory time off earned under this
section is not taken when scheduled, work performed during the scheduled
time-off period may be reported as overtime work for which regular compensatory
time off or overtime pay is due if the employee qualifies under 5 CFR 550 or 5
CFR 551; or for Foreign Service officers, such work may be reported as overtime
work for which special compensatory time off for FSOs is due.
3 FAM 3133.4-6 Exceptions
(CT:PER-391; 12-15-2000)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Civil Service and Foreign Service Employees)
The limitation on premium compensation, including
compensatory time off, contained in 5 U.S.C. 5547 does not apply to special
compensatory time off provided under 3 FAM 3133.4-5,
paragraph d or e.
3 FAM 3133.5 Special Compensatory
Time Off for Foreign Service Officers
(CT:PER-664; 01-27-2012)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Foreign Service Employees)
a. Special compensatory time off for Foreign Service
officers is authorized by 22 U.S.C. 3972 (section 412(c) of the Foreign Service
Act of 1980, as amended).
b. Special compensatory time off for Foreign Service
officers:
(1) Is time off from work during the basic workweek in
exchange for performing an equal amount of overtime work or holiday work that
is officially ordered or approved in writing by an authorizing official; and
(2) Will be forfeited without any other kind of
compensation if not used during the 26 weeks following the pay period in which
it was earned.
c. FSOs who are authorized the special differential
for regular overtime work in substantial excess of normal hours under 3 FAM 3139 or
who are entitled to compensation for overtime work under the Fair Labor
Standards Act (FLSA) are not eligible for special compensatory time off under
this section.
d. Special compensatory time off for FSOs may not be
granted in exchange for overtime work that has been credited with another type
of special compensatory time off.
e. Special compensatory time off for FSOs may not be
granted for any overtime or holiday work which, if it were compensable under 5
U.S.C. 55 (Subchapter V - Premium Pay), would cause an officers aggregate
biweekly rate of pay to exceed the maximum biweekly payable rate of basic pay
for GS-15.
3 FAM 3133.6 Special Compensatory
Time Off for Religious Observances
(CT:PER-391; 12-15-2000)
3 FAM 3133.6-1 Authority
(CT:PER-391; 12-15-2000)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Civil Service and Foreign Service Employees)
Authority for special compensatory time off for religious
observances is published in:
5 U.S.C. 5550(a)
5 CFR 550.1001 - 1002
3 FAM 3133.6-2 Eligibility
(CT:PER-391; 12-15-2000)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Civil Service and Foreign Service Employees)
All employees of the foreign affairs agencies except
Foreign Service national employees, U.S. citizen employees compensated under
section 408(a) of the Foreign Service Act of 1980, and consular agents are
eligible for special compensatory time off for religious observances.
3 FAM 3134 PAY FOR HOLIDAY WORK
(CT:PER-664; 01-27-2012)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Civil Service and Foreign Service Employees)
a. The legal and regulatory provisions governing pay
for holiday work are published in:
5 U.S.C. 5546
5 CFR 550.131 550.132
5 CFR 610, Subpart B
50 CG 519
Comp. Gen. B-194035, June 18, 1979
b. Holiday premium pay does not apply to work performed
on local holidays.
3 FAM 3135 NIGHT PAY DIFFERENTIAL
(CT:PER-391; 12-15-2000)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Civil Service and Foreign Service Employees)
Night pay differential is governed by regulations
published in 5 CFR 550.121 - 550.122.
3 FAM 3136 SUNDAY PREMIUM PAY
(CT:PER-664; 01-27-2012)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Civil Service and Foreign Service Employees)
Sunday premium pay is governed by regulations published in
5 CFR 550.171.
3 FAM 3137 ON-CALL STATUS
(CT:PER-880; 09-25-2017)
3 FAM 3137.1 General
(CT:PER-880; 09-25-2017)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Civil Service and Foreign Service Employees)
On-call status is a requirement to be available to return
to duty on short notice during off-duty hours. Employees must be available by
telephone or similar mobile device and, if
so ordered, return within 1 hour to the office or duty station to perform
urgent work.
3 FAM 3137.2 Compensation
(CT:PER-664; 01-27-2012)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Civil Service and Foreign Service Employees)
There is no entitlement to premium or other extra
compensation for on-call status when no work is performed. An authorizing
officer (the principal officer at post, executive director of a bureau, or
designee) must request volunteers for on-call availability. Management will
not impose any restraint or coercion on employees who decline to volunteer. In
the absence of sufficient volunteers, the authorizing officer may assign
on-call status on a rotating basis among employees with the requisite skills.
3 FAM 3138 PREMIUM PAY ON AN ANNUAL
BASIS
(CT:PER-868; 08-24-2017)
3 FAM 3138.1 Authority
(CT:PER-868; 08-24-2017)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Civil Service and Foreign Service Employees)
Authority on premium pay on an annual basis is published
in:
5 CFR 550.141 144 (Regularly Scheduled Standby Duty)
5 CFR 550.151 154 (Administratively Uncontrollable Work)
5 CFR 550.161 164 5 U.S.C. 5545 (General)
5 U.S.C. 5545 and 5 CFR 550.181 187 (Law Enforcement Authority
Pay)
3 FAM 3138.2 Regularly Scheduled
Standby Duty
(CT:PER-664; 01-27-2012)
3 FAM 3138.2-1 Eligibility
(CT:PER-391; 12-15-2000)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Civil Service and Foreign Service Employees)
a. Full-time U.S. citizen members of the Service in
State, USAID, and Commerce assigned abroad are eligible.
b. FSOs, FSO career candidates, and medical officers
eligible under 3
FAM 3290 are not eligible.
3 FAM 3138.2-2 Definition
(CT:PER-391; 12-15-2000)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Civil Service and Foreign Service Employees)
Regularly scheduled standby duty is a requirement for
standby status on a fixed schedule in addition to the basic 40-hour workweek
over a 3-month cycle.
3 FAM 3138.2-3 General
(CT:PER-664; 01-27-2012)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Civil Service and Foreign Service Employees)
a. Standby-duty pay is provided in accordance with
regulations at 5 CFR 550.141 - 144.
b. To receive standby-duty pay, employees must:
(1) Be eligible for premium pay in accordance with 3 FAM 3133.3
and 3 FAM
3138.2-1, paragraph a;
(2) Occupy positions that have been designated by the
executive director of the appropriate regional bureau as meeting the criteria
in 5 CFR 550.141; and
(3) Be certified for receipt of standby-duty pay by
the principal officer at post or designee.
c. Eligible members assigned on a TDY basis to
positions designated for standby-duty pay are eligible to receive standby-duty
pay.
d. Eligible members with the same specialization at a
post will not be scheduled for standby duty simultaneously to perform the same
function except in extraordinary circumstances.
3 FAM 3138.2-4 Effective Dates
(CT:PER-391; 12-15-2000)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Civil Service and Foreign Service Employees)
a. Entitlement begins on the date that an eligible
member begins duty for basic pay purposes in a designated position.
b. Entitlement ends on the date that an eligible member
ceases duty for basic pay purposes in a designated position.
3 FAM 3138.3 Administratively
Uncontrollable Overtime
(CT:PER-391; 12-15-2000)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Civil Service and Foreign Service Employees)
a. Premium pay for administratively uncontrollable
overtime (AUO) is provided in accordance with regulations at 5 CFR 550.151 -
154.
b. AUO may be authorized for substantial amounts of
irregular overtime work to eligible employees in positions in which the hours
of duty cannot be controlled administratively.
c. The employee must be generally responsible for
recognizing, without supervision, circumstances that require the employee to
remain on duty.
d. Pay is authorized for a particular office or post
under procedures approved by the Director General of the Foreign Service.
3 FAM 3138.4 Law Enforcement
Availability Pay
(CT:PER-868; 08-24-2017)
(Uniform State/USAID/Commerce/Agriculture)
(Applies to Civil Service and Foreign Service Employees)
Law enforcement availability pay (LEAP) is provided in
accordance with 5 U.S.C. 5545a and the regulations in 5 CFR 550.181 - 550.187.
LEAP for special agents in the Diplomatic Security Service is provided in
accordance with 3
FAM 3154.
3 FAM 3139 SPECIAL DIFFERENTIAL FOR
SUBSTANTIAL AMOUNTS OF EXTRA WORK
(CT:PER-880; 09-25-2017)
3 FAM 3139.1 Authority
(CT:PER-880; 09-25-2017)
(State and USAID)
(Applies to Foreign Service Employees)
a. Authority for special differential for substantial
amounts of extra work is published in:
(1) 22 U.S.C. 3972 (section 412 of the Foreign Service
Act of 1980, as amended); and
(2) 67 CG 351.
b. HR/RMA is the coordinating office for Special
Differential. For USAID, OHR/PPIM is the coordinating office.
c. Under this authority, there are two types of
special differential with different requirements: One type is for certified,
covered positions (see 3 FAM 3139.2)
and another type is for emergency, mission-critical work (see 3 FAM 3139.3).
3 FAM 3139.2 Special Differential
for Certified, Covered Positions
(CT:PER-880; 09-25-2017)
3 FAM 3139.2-1 Who is Covered
(CT:PER-664; 01-27-2012)
(State Only)
(Applies to Foreign Service Employees)
Commissioned Foreign Service officers (FSOs) in classes
FO-02 through FO-06 who:
(1) Are serving in covered positions; and
(2) Are required by their supervisors to perform
additional work on a regular continuing basis in substantial excess of normal
requirements.
3 FAM 3139.2-2 Limitations
(CT:PER-880; 09-25-2017)
(State and USAID)
(Applies to Foreign Service Employees)
a. The number of positions that will be certified for
special differential at any one time is limited to:
(1) Approximately 175 worldwide; and
(2) Twelve at the Multinational Force Organization for
the State contingent.
b. FSOs in class FO-01 and members of the Senior
Foreign Service and all FS Specialists who are
eligible for premium compensation under Title 5 of the U.S. Code are ineligible
under this section.
c. FSOs of any class
eligible to receive overtime compensation under the Fair Labor Standards Act
(FLSA) are ineligible.
d. An FSO who receives this form of special differential is not
eligible to earn or receive Special Compensatory Time Off for Foreign Service
Officers under 3 FAM 3133.5.
e. FSOs in a certified position for special differential must
keep a record of hours worked while serving in a special differential position
for auditing purposes. Compensatory time off for travel hours are not
considered as hours towards maintaining Special Differential certification.
3 FAM 3139.2-3 Criteria for
Determining Covered Positions and Special Differential Rates
(CT:PER-664; 01-27-2012)
(State Only)
(Applies to Foreign Service Employees)
Special differential is paid as a percentage of basic
compensation earned during a pay period. The categories, percentages, and
minimum requirements for covered positions are:
(1) 18% - Category A: Positions that require an
average of at least 55 hours of work per week for a period of 6 consecutive
months, and the employee is required to work evenings, Sundays, and/or
holidays;
(2) 13% - Category B: Positions that require an
average of at least 45 hours of work per week for a period of 6 consecutive
months, and the employee is required to work evenings, Sundays, and/or
holidays; and
(3) 10% - Category C: Positions that require work for
a period of 6 consecutive months on a shift basis with over 50 percent of the
hours scheduled either on workdays between 6:00 p.m. and 6:00 a.m., on Sundays,
or on holidays.
3 FAM 3139.2-4 Certification and
Effective Dates
(CT:PER-880; 09-25-2017)
(State Only)
(Applies to Foreign Service Employees)
a. New positions will be certified for Special Differential (SD) coverage effective the first day of the
first full pay period on or after April 1 or October 1. Positions already
certified will be reviewed at 6-month intervals for recertification effective
the first day of the first full pay period on or after April 1 and October 1.
b. SD payments are
effective on the first day of the first full pay period after an eligible
member reports for the first day of work in a certified position. Payments
terminate on the first day of the first full pay period after:
(1) A member departs the SD position for reassignment to another
position;
(2) A member departs the SD position for training in preparation for a
new assignment;
(3) A member goes on leave
before departing for reassignment to another position or commences training in
preparation for a new assignment;
(4) A member is
promoted to FO-01; or
(5) A position is
decertified.
c. Payments will be suspended
and forfeited when a member is absent:
(1) In a nonduty status for more than 21 consecutive
calendar days; or
(2) On temporary duty more
than 21 consecutive calendar days to another position that is not covered by
SD.
(3) A bureau should request
non-payment of special differential when the workload of the member is reduced
for a sustained period of time (i.e., more than 21 consecutive calendar days)
such as when the principals position is vacant and there is no confirmed
principal and the workload has been reduced below the threshold levels in 3 FAM 3139.2-3.
(4) All requests for non-payments
due to workload reductions must be submitted to and approved by HR/RMA. The
justification must clearly specify that the workload has been significantly
reduced and no longer meets the criteria in 3 FAM 3139.2-3.
3 FAM 3139.3 Special Differential for
Emergency or Mission-Critical Work
(CT:PER-880; 09-25-2017)
3 FAM 3139.3-1 Who is Covered
(CT:PER-880; 09-25-2017)
(State and USAID)
(Applies to Foreign Service Employees)
Commissioned Foreign Service officers (FSOs) in classes
FO-01 through FO-06 who are on official duty at a post where:
(1) The Under Secretary for Management has determined
the work to be performed is work performed in connection with an emergency or
the aftermath of an emergency involving a direct threat to life and property,
or where the Under Secretary for Management has deemed the work to be
mission-critical; and
(2) The work is performed on a regular continuing
basis and is in substantial excess of normal requirements; and
(3) The employee is expected to be on official duty at
the post for a minimum of 6 months; and
(4) The employee meets the criteria described in this section.
3 FAM 3139.3-2 Limitations
(CT:PER-664; 01-27-2012)
(State and USAID)
(Applies to Foreign Service Employees)
a. Senior Foreign Service employees are ineligible
under this section.
b. Members of the Foreign Service of any class eligible
to receive overtime compensation under 5 U.S.C. or the Fair Labor Standards Act
are ineligible.
c. An FSO who receives this form of special
differential is not eligible to earn or receive special compensatory time off
for FSOs under either 3 FAM 3133.4
or 3 FAM
3133.5.
3 FAM 3139.3-3 Criteria for
Determining Eligible Special Differential Rates
(CT:PER-664; 01-27-2012)
(State and USAID)
(Applies to Foreign Service Employees)
a. Special differentials under this subsection (3 FAM 3139.3)
are paid as a percentage of basic compensation earned during a pay period. The
Under Secretary for Management may designate a percentage of an employees
basic compensation, up to a maximum of 35 percent, to be paid as a special
differential as is appropriate to meet the needs of the Department.
b. For USAID, the Administrator is the approving
official.
3 FAM 3139.3-4 Certification and
Effective Dates
(CT:PER-664; 01-27-2012)
(State and USAID)
(Applies to Foreign Service Employees)
a. Qualifying employees or groups of employees earning
a special differential under this section (3 FAM 3139.3)
will begin earning the differential in the first full pay period during which
the employee or group of employees meets the relevant criteria (e.g., has
transferred or been sent TDY to a duty station).
b. Special differential payments under this section (3 FAM 3139.3)
must terminate upon:
(1) The last day of the pay period in which an
eligible employee departs the post requiring the emergency or mission-critical
work;
(2) An eligible employees promotion to the Senior
Foreign Service; or
(3) The effective date of a determination by the Under
Secretary for Management that the special differential is no longer authorized.
c. Payments will be suspended or forfeited when a
member is absent:
(1) In a nonduty status for more than 21 consecutive
calendar days; or
(2) On temporary duty for more than 21 consecutive
calendar days performing work that does not qualify as emergency or
mission-critical work under this section (3 FAM 3139.3).
3 FAM 3139.4 Relationship to Other
Payments
(CT:PER-664; 01-27-2012)
(State and USAID)
(Applies to Foreign Service Employees)
Special differentials under 3 FAM 3139 are:
(1) Taxable income for Federal, State, and other U.S.
locality purposes;
(2) Included in the lump-sum annual leave payment (67
CG 351);
(3) Not used for retirement or Thrift Savings Plan
(TSP) purposes; and
(4) Not subject to the limitations in section 552 of
the Standardized Regulations or 5 U.S.C. 5547.