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5 U.S.C. § 6122 — Flexible schedules; agencies authorized to use
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Notwithstanding [section 6101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6101&num=0&edition=prelim), each agency may establish, in accordance with this subchapter, programs which allow the use of flexible schedules which include—
(1) designated hours and days during which an employee on such a schedule must be present for work; and
(2) designated hours during which an employee on such a schedule may elect the time of such employee’s arrival at and departure from work, solely for such purpose or, if and to the extent permitted, for the purpose of accumulating credit hours to reduce the length of the workweek or another workday.
An election by an employee referred to in paragraph (2) shall be subject to limitations generally prescribed to ensure that the duties and requirements of the employee’s position are fulfilled.
**(b)** Notwithstanding any other provision of this subchapter, but subject to the terms of any written agreement referred to in [section 6130(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6130/a&num=0&edition=prelim), if the head of an agency determines that any organization within the agency which is participating in a program under subsection (a) is being substantially disrupted in carrying out its functions or is incurring additional costs because of such participation, such agency head may—
(1) restrict the employees’ choice of arrival and departure time,
(2) restrict the use of credit hours, or
(3) exclude from such program any employee or group of employees.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 6122
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Stable record: federal_law:legal_authorities:record_usc_55997ce5fe8164ced1f6d518
Source file: Laws/federal/codes/united-states-code/title-5/section-6122-flexible-schedules-agencies-authorized-to-use--e8cfbf4a51.md
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Source location: Title 5, Chapter 61, § 6122; chapter-061-hours-of-work.md
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**(a)** Notwithstanding [section 6101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6101&num=0&edition=prelim), each agency may establish, in accordance with this subchapter, programs which allow the use of flexible schedules which include—
(1) designated hours and days during which an employee on such a schedule must be present for work; and
(2) designated hours during which an employee on such a schedule may elect the time of such employee’s arrival at and departure from work, solely for such purpose or, if and to the extent permitted, for the purpose of accumulating credit hours to reduce the length of the workweek or another workday.
An election by an employee referred to in paragraph (2) shall be subject to limitations generally prescribed to ensure that the duties and requirements of the employee’s position are fulfilled.
**(b)** Notwithstanding any other provision of this subchapter, but subject to the terms of any written agreement referred to in [section 6130(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6130/a&num=0&edition=prelim), if the head of an agency determines that any organization within the agency which is participating in a program under subsection (a) is being substantially disrupted in carrying out its functions or is incurring additional costs because of such participation, such agency head may—
(1) restrict the employees’ choice of arrival and departure time,
(2) restrict the use of credit hours, or
(3) exclude from such program any employee or group of employees.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) For the purpose of this subsection, “employee” includes an employee of the government of the District of Columbia and an employee whose pay is fixed and adjusted from time to time under section 5343 or 5349 of this title, or by a wage board or similar administrative authority serving the same purpose, but does not include an employee or individual excluded from the definition of employee in [section 5541(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5541/2&num=0&edition=prelim), except as specifically provided under this paragraph.
(2) The head of each Executive agency, military department, and of the government of the District of Columbia shall—
(A) establish a basic administrative workweek of 40 hours for each full-time employee in his organization; and
(B) require that the hours of work within that workweek be performed within a period of not more than 6 of any 7 consecutive days.
(3) Except when the head of an Executive agency, a military department, or of the government of the District of Columbia determines that his organization would be seriously handicapped in carrying out its functions or that costs would be substantially increased, he shall provide, with respect to each employee in his organization, that—
(A) assignments to tours of duty are scheduled in advance over periods of not less than 1 week;
(B) 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;
(C) the working hours in each day in the basic workweek are the same;
(D) the basic nonovertime workday may not exceed 8 hours;
(E) the occurrence of holidays may not affect the designation of the basic workweek; and
(F) breaks in w
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 6101
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
For purposes of this subchapter—
(1) “agency” means any Executive agency, any military department, the Government Publishing Office, the Library of Congress, the Architect of the Capitol, and the Botanic Garden;
(2) “employee” has the meaning given the term in subsection (a) of [section 2105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2105&num=0&edition=prelim), except that such term also includes an employee described in subsection (c) of that section;
(3) “basic work requirement” means the number of hours, excluding overtime hours, which an employee is required to work or is required to account for by leave or otherwise;
(4) “credit hours” means any hours, within a flexible schedule established under [section 6122 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6122&num=0&edition=prelim), which are in excess of an employee’s basic work requirement and which the employee elects to work so as to vary the length of a workweek or a workday;
(5) “compressed schedule” means—
(A) in the case of a full-time employee, an 80-hour biweekly basic work requirement which is scheduled for less than 10 workdays, and
(B) in the case of a part-time employee, a biweekly basic work requirement of less than 80 hours which is scheduled for less than 10 workdays;
(6) “overtime hours”, when used with respect to flexible schedule programs under sections 6122 through 6126 of this title, means all hours in excess of 8 hours in a day or 40 hours in a week which are officially ordered in advance, but does not include credit hours;
(7) “overtime hours”, when used with respect to compressed schedule programs under sections 6127 and 6128 of this title, means any hours in excess of those specified hou
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 6121
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** For purposes of determining compensation for overtime hours in the case of an employee participating in a program under [section 6122 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6122&num=0&edition=prelim)—
(1) the head of an agency may, on request of the employee, grant the employee compensatory time off in lieu of payment for such overtime hours, whether or not irregular or occasional in nature and notwithstanding the provisions of sections 5542(a), 5543(a)(1) and section 11 So in original. The word “section” probably should not appear. 5544(a) of this title, [section 7453(e) of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7453/e&num=0&edition=prelim), section 7 of the Fair Labor Standards Act ([29 U.S.C. 207](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section207&num=0&edition=prelim)), or any other provision of law; or
(2) the employee shall be compensated for such overtime hours in accordance with such provisions, as applicable.
**(b)** Notwithstanding the provisions of law referred to in subsection (a)(1) of this section, an employee shall not be entitled to be compensated for credit hours worked except to the extent authorized under [section 6126 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6126&num=0&edition=prelim) or to the extent such employee is allowed to have such hours taken into account with respect to the employee’s basic work requirement.
**(c)**
(1) Notwithstanding [section 5545(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5545/a&num=0&edition=prelim), premium pay for nightwork will not be paid to an employee otherwise subject to such sec
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 6123
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding sections 6103 and 6104 of this title, if any employee on a flexible schedule under [section 6122 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6122&num=0&edition=prelim) is relieved or prevented from working on a day designated as a holiday by Federal statute or Executive order, such employee is entitled to pay with respect to that day for 8 hours (or, in the case of a part-time employee, an appropriate portion of the employee’s biweekly basic work requirement as determined under regulations prescribed by the Office of Personnel Management).
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 6124
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Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding [section 6106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6106&num=0&edition=prelim), the Office of Personnel Management or any agency may use recording clocks as part of programs under [section 6122 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6122&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 6125
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to any limitation prescribed by the Office of Personnel Management or the agency, a full-time employee on a flexible schedule can accumulate not more than 24 credit hours, and a part-time employee can accumulate not more than one-fourth of the hours in such employee’s biweekly basic work requirement, for carryover from a biweekly pay period to a succeeding biweekly pay period for credit to the basic work requirement for such period.
**(b)** Any employee who is on a flexible schedule program under [section 6122 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6122&num=0&edition=prelim) and who is no longer subject to such a program shall be paid at such employee’s then current rate of basic pay for—
(1) in the case of a full-time employee, not more than 24 credit hours accumulated by such employee, or
(2) in the case of a part-time employee, the number of credit hours (not in excess of one-fourth of the hours in such employee’s biweekly basic work requirement) accumulated by such employee.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 6126
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Federal law — U.S. Code and appendices · legal_authorities
Page 796
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 6122
1 So in original. The word ‘‘section’’ probably should not ap-
pear.
of this title, which are in excess of an employ-
ee’s basic work requirement and which the
employee elects to work so as to vary the
length of a workweek or a workday;
(5) ‘‘compressed schedule’’ means—
(A) in the case of a full-time employee, an
80-hour biweekly basic work requirement
which is scheduled for less than 10 workdays,
and
(B) in the case of a part-time employee, a
biweekly basic work requirement of less
than 80 hours which is scheduled for less
than 10 workdays;
(6) ‘‘overtime hours’’, when used with re-
spect to flexible schedule programs under sec-
tions 6122 through 6126 of this title, means all
hours in excess of 8 hours in a day or 40 hours
in a week which are officially ordered in ad-
vance, but does not include credit hours;
(7) ‘‘overtime hours’’, when used with re-
spect to compressed schedule programs under
sections 6127 and 6128 of this title, means any
hours in excess of those specified hours which
constitute the compressed schedule; and
(8) ‘‘collective bargaining’’, ‘‘collective bar-
gaining agreement’’, and ‘‘exclusive represent-
ative’’ have the same meanings given such
terms—
(A) by section 7103(a)(12), (8), and (16) of
this title, respectively, in the case of any
unit covered by chapter 71 of this title; and
(B) in the case of any other unit, by the
corresponding provisions applicable under
the personnel system covering this unit.
(Added Pub. L. 97–221, § 2(a)(2), July 23, 1982, 96
Stat. 227; amended Pub. L. 101–163, title III, § 312,
Nov. 21, 1989, 103 Stat. 1065; Pub. L. 104–106, div.
A, title X, § 1041, Feb. 10, 1996, 110 Stat. 433; Pub.
L. 111–68, div. A, title I, § 1302(1), Oct
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 6122
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.