UNCLASSIFIED (U)

3 FAM 3170

compensatory time off for travel

(CT:PER-915; 08-17-2018)
(Office of Origin: HR/RMA)

3 FAM 3171 Authorities

(CT:PER-751; 10-30-2014)
(State Only)
(Applies to Civil Service and Foreign Service Employees)

Authorities are authorized by the following:

         5 U.S.C. 5550b

         5 CFR Part 550, subpart N; and

         The Foreign Service Act of 1980, Section 412, as amended.

3 FAM 3172 Introduction

(CT:PER-869; 08-28-2017)
(State Only)
(Applies to Civil Service and Foreign Service Employees)

The Federal Workforce Flexibility Act of 2004 (Public Law 108-411, Section 203, October 30, 2004), established a new form of non-monetary compensatory time off for time spent by an employee in a travel status when such time is not otherwise compensable (i.e., when the travel is not during regular duty hours or otherwise considered hours of work). This provision is codified in 5 U.S.C. 5550b. Individual offices do not have the discretion to deny an employee compensatory time off for travel if it has been earned and applied in accordance with Department policy. Compensatory time off for travel is non-monetary and if not used prior to its expiration, never converts to cash.

3 FAM 3173 Eligibility

(CT:PER-915; 08-17-2018)
(State Only)
(Applies to Civil Service and Foreign Service Employees)

a. Compensatory time off for travel may be earned by:

(1) An American direct-hire employee as defined in 5 U.S.C. 5541(2);

(2) Part-time employees may be entitled to compensatory time off for travel if the time in travel status does not qualify as compensable hours of work under 5 U.S.C. 5542(b)(2)(B) and 5 CFR 550.112(g)(2), and meets the other requirements in 5 CFR 550, subpart N;

(3) Tenured Foreign Service Officers class FS-01 and below under the Foreign Service Act of 1980, as amended; effective October 23, 2007;

(4) Wage grade (prevailing rate) employees under the provisions codified in 5 U.S.C. 5550b and 5 CFR 550, subpart N; effective April 27, 2008; and

(5) Eligibility of locally employed staff depends on local labor law and how the employee was hired. If the locally employed staff member is appointed under the Foreign Service Act of 1980, as amended, the employee may be eligible. If the locally employed staff member is hired under a personal services agreement, local labor law prevails. The office of Overseas Employment Compensation Management Division (HR/OE/CM) may be contacted for further information.

b. Compensatory time off for travel may NOT be earned by:

(1) Members of the Senior Executive Service;

(2) Members of the Senior Foreign Service;

(3) Executive Schedule employees; or

(4) Employees on an intermittent schedule.

3 FAM 3174 Determining Eligible Time in Travel Status

(CT:PER-751; 10-30-2014)
(State Only)
(Applies to Civil Service and Foreign Service Employees)

a. To be creditable under this provision, travel must be officially authorized. The travel must be for work purposes and must be approved by an authorized Department official or under established Department policies. Examples of eligible travel would be for performing official work at another duty station, attending an official conference, or attending official training.

b. Compensatory time off for travel may only be earned for time in an official travel status away from an employees official duty station when such time is not otherwise compensable as regular duty pay or premium compensation. For Fair Labor Standards Act (FLSA), exempt employees, compensable refers to periods of time creditable as hours of work for the purpose of determining a specific pay entitlement. For FLSA non-exempt employees, please see 5 CFR 551.422.

c. Eligible Time in Official Travel Status includes:

(1) Time spent traveling between the official duty station and a temporary duty station;

(2) Time spent traveling between two temporary duty stations;

(3) The usual waiting time preceding or interrupting such travel. The usual waiting time for domestic flights may not exceed two hours, and for overseas flights may not exceed three hours. Extended waiting time is not creditable; or

(4) Time in travel status ends when the employee arrives at the temporary duty worksite or lodging in the temporary duty station, wherever the employee arrives first. Time in travel status resumes when an employee departs from the temporary duty worksite or lodging in the temporary duty station, from whichever the employee departs last.

d. Time that is NOT eligible:

(1) Travel for the purpose of permanent change of station, temporary change of station, home leave, rest and recuperation travel, family visitation travel, regional rest breaks, medical evacuation, emergency visitation travel, and post evacuations are not considered time in official travel status for the purpose of earning comp time off for travel;

(2) An extended waiting period is not considered time in official travel status and is not creditable. An example of extended waiting periods include: flight delays or cancelations due to weather issues, mechanical problems, airline administrative problems, etc.;

(3) Regular duty hours of work; and

(4) Hours of travel time that are otherwise compensable hours of work under the overtime pay provisions in 5 CFR 550.112(g) or 5 CFR 551.422.

e. Reference 5 CFR 551.422 states for non-exempt employees, time spent traveling must be considered compensable hours of work if:

(1) The official travel occurs during the employee's regular working hours;

(2) The employee is required to drive or perform other work as part of the official travel;

(3) An employee is required to travel as a passenger on a one-day assignment away from the official duty station location; or

(4) The employee is required to travel as a passenger overnight away from the official duty station location and the official travel occurs on a non-workday during hours that correspond to the employee's regular working hours.

3 FAM 3175 Factors That Influence Compensatory Time Off for Travel

3 FAM 3175.1 Time Zones

(CT:PER-751; 10-30-2014)
(State Only)
(Applies to Civil Service and Foreign Service Employees)

When an employees travel involves two or more time zones, the time zone from the point of first departure must be used to determine how many hours (elapsed time) the employee actually spent in a travel status for the purpose of accruing compensatory time off for travel. For example, if an employee departs from Tokyo, going to FSI for training, the employee calculates the trip based on the Tokyo time zone. Likewise, the return trip is calculated on the Washington, DC time zone since it now is the point of first departure.

3 FAM 3175.2 Modes of Transportation

(CT:PER-751; 10-30-2014)
(State Only)
(Applies to Civil Service and Foreign Service Employees)

a. In the case of an employee who is offered one mode of transportation (i.e., flying) and who is permitted to use an alternate mode of transportation (i.e., train or POV), or who travels at a time or by a route other than that selected by the Department, the agency MUST determine the estimated amount of time in a travel status the employee would have had if the employee had used the mode of transportation offered by the Department or traveled at the time or by the route selected by the Department. For example, if the flight time is two hours but the travel by train takes six hours, the employee is only eligible to request two hours as creditable for comp time off for travel. The fact that one mode of transportation may save the Department money has no bearing on the amount of comp time off for travel that an employee earns.

b. Employees who take an approved/authorized rest break during their travel that causes the compensatory time off for travel eligibility to change from what would have been available for the most direct route are ONLY authorized to claim the amount of time that would have been earned had the rest break not been taken.

c. The class of accommodation, such as business class, does not influence whether the time in travel status is compensable. Allowing an employee to upgrade travel to business class does not eliminate an employees eligibility to earn compensatory time off for travel.

3 FAM 3175.3 Meals

(CT:PER-751; 10-30-2014)
(State Only)
(Applies to Civil Service and Foreign Service Employees)

It is no longer required that an employee deduct the bona fide meal periods during travel time or waiting time.

3 FAM 3175.4 Change of Administrative Work Week

(CT:PER-751; 10-30-2014)
(State Only)
(Applies to Civil Service and Foreign Service Employees)

An agency may NOT adjust the regularly scheduled administrative work week that normally applies to an employee (full-time or part-time) solely for the purpose of including planned travel time that would not otherwise be considered compensable hours of work. For example, if an employee is required to travel on a Saturday, which is normally a day off, the supervisor cannot change the administrative work week to be Tuesday through Saturday, making Saturday a compensable day and thus making that day ineligible for compensatory time off for travel.

3 FAM 3175.5 Commuting Time

(CT:PER-751; 10-30-2014)
(State Only)
(Applies to Civil Service and Foreign Service Employees)

a. Travel outside of regular working hours to or from a transportation terminal (airport, train, etc.) within the limits of the employees official duty station is considered equivalent to commuting time and is not creditable travel time.

b. Travel outside of regular working hours between an employees home and a temporary duty station or transportation terminal outside the limits of the employees duty station is considered creditable travel time. However, the Department must deduct the employees normal home-to-work/work-to-home commuting time from the creditable travel time.

c. A mileage radius no greater than 50 miles applies to determine whether an employee's travel is within or outside the limits of the employee's official duty station. See 5 CFR 550.112(j).

3 FAM 3176 Recording and Use of Compensatory Time off For Travel

(CT:PER-869; 08-28-2017)
(State Only)
(Applies to Civil Service and Foreign Service Employees)

a. Fifteen (15) Minute Increments: Compensatory time off for travel is credited and used in increments of 15 minutes.

b. Thirty (30) day Limit for Requesting Credit: The Department requires employees to submit credit requests, in writing, to their supervisor with specific times, justification, and itineraries, within 30 days of completion of eligible official travel. This request should be accompanied by Form DS-5106, Compensatory Time Off for Travel worksheet. Requests for compensatory time off for travel that are submitted more than 30 days after the last day of travel will be denied.

c. Documenting Compensatory Time Off for Travel on Cuff Records and TATEL: The Departments pay system will not accommodate the specialized compensatory time off for travel category; and, as a result, timekeepers are required to keep paper records of the compensatory time off for travel earned by each individual using a separate ledger (3 FAM Exhibit 3176);

(1) Compensatory time off for travel is not recorded in the TATEL system, though comp time off for travel used will be recorded in TATEL;

(2) Time used should be entered in TATEL as XA with a notation compensatory time off for travel;

(3) Timekeepers should keep a copy of the Form DS-7100, Request for Leave or Approved Absence with the paper record of compensatory time off for travel earned and subtract the time used;

(4) Regulations require that time is charged in a chronological manner, i.e., first-in, first-out; and

(5) These are official records and must be maintained by each individual office.

d. Time Limit for Using Compensatory Time Off for Travel: Compensatory time off for travel must be used within 26 pay periods from the time the eligible compensatory time off for travel is earned. Otherwise it is forfeited. Exceptions may be granted:

(1) If the employee with unused compensatory time off for travel separates;

(2) The employee is placed in a leave without pay status to perform service in the uniformed service (as defined in 38 U.S.C. 4303 and 5 CFR 353.102) and later returns to service through the exercise of a re-employment right provided by law, Executive Order, or regulation;

(3) An on-the-job injury with entitlement to compensation under 5 U.S.C. chapter 81 and later recovers sufficiently to return to work; or

(4) An exigency of the service beyond the employees control and an authorized Department official, has sole discretion, to extend the time limit for using such compensatory time off for travel, not to exceed an additional 26 pay periods.

e. Scheduling and Using Accrued Compensatory Time Off for Travel: Employees must request permission from their supervisor via Form OPM-71, Request for Leave or Approved Absence to schedule the use of accrued compensatory time off for travel. Earned compensatory time off for travel must be charged on a first-in, first-out (chronological) basis.

f. Use of Compensatory Time Off for Travel While in Official Travel Status: In accordance with 5 CFR 550.1406, employees must request permission to schedule the use of accrued compensatory time off for travel in accordance with agency-established policies and procedures. Department policy states that employees will not be authorized to use compensatory time off for travel in the same trip in which it is earned.

3 FAM 3177 Transfer Within the Department

(CT:PER-751; 10-30-2014)
(State Only)
(Applies to Civil Service and Foreign Service Employees)

Compensatory time off for travel may be transferred to another office within the Department, unless the employee moves to a federal position that is covered by the compensatory time off for travel regulations, pursuant to 5 CFR 550.1407(d). The losing timekeeper must provide complete copies of the employee's compensatory time for travel to the gaining timekeeper. This includes a copy of the authorized approval memo, the paper ledger recording time earned and used, and the current balance with the forfeiture dates.

3 FAM 3178 Forfeiture

(CT:PER-869; 08-28-2017)
(State Only)
(Applies to Civil Service and Foreign Service Employees)

Compensatory time off for travel is forfeited:

(1) Except as provided in 3 FAM 3176(d), if not used by the end of the 26th pay period during which it was earned. NOTE: The 26 pay periods run from the time travel was completed, not from the time it was credited;

(2) Upon voluntary transfer to another agency;

(3) Upon movement to a non-covered position, or if there is a change in employee status, such as intermittent or promotion to SFS/SES; or

(4) Except as provided in 3 FAM 3176(d), upon separation from the federal government.

3 FAM 3179 Compensatory Time Off for Travel is NOT Premium Pay

(CT:PER-751; 10-30-2014)
(State Only)
(Applies to Civil Service and Foreign Service Employees)

a. Under no circumstances may an individual receive monetary compensation for any unused compensatory time off for travel the employee has earned.

b. Accrued compensatory time off for travel is not considered in applying the premium pay cap limitations established under 5 U.S.C. 5547 and 5 CFR 550.105 through 550.107, or the aggregate limitation on pay established under 5 U.S.C 5307 and 5 CFR 530, subpart B.

 

3 FAM Exhibit 3176
Compensatory Time Off For Travel
Record of Hours Earned and Used

(CT:PER-751; 10-30-2014)

 

_____________________________

Travelers Name

 

_____________________________

Approver/Supervisors Name

 

 

UNCLASSIFIED (U)