5 U.S.C. § 6123 — Flexible schedules; computation of pre-

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. 1, 2009, 123 Stat. 2034; Pub. L. 113–235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537.) Editorial Notes AMENDMENTS 2009—Par. (1). Pub. L. 111–68 substituted ‘‘the Library of Congress, the Architect of the Capitol, and the Bo- tanic Garden’’ for ‘‘and the Library of Congress’’. 1996—Par. (2). Pub. L. 104–106 amended par. (2) gen- erally. Prior to amendment, par. (2) read as follows: ‘‘ ‘employee’ has the meaning given it by section 2105 of this title;’’. 1989—Par. (1). Pub. L. 101–163 inserted ‘‘the Govern- ment Printing Office,’’ after ‘‘military department,’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Government Publishing Office’’ substituted for ‘‘Government Printing Office’’ in par. (1) on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents. § 6122. Flexible schedules; agencies authorized to use (a) Notwithstanding section 6101 of this title, 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 em- ployee 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 accu- mulating credit hours to reduce the length of the workweek or another workday. An election by an employee referred to in para- graph (2) shall be subject to limitations gen- erally prescribed to ensure that the duties and requirements of the employee’s position are ful- filled. (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, 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. (Added Pub. L. 97–221, § 2(a)(2), July 23, 1982, 96 Stat. 228.) § 6123. Flexible schedules; computation of pre- mium pay (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— (1) the head of an agency may, on request of the employee, grant the employee compen- satory 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 1 5544(a) of this title, section 7453(e) of title 38, section 7 of the Fair Labor Standards Act (29 U.S.C. 207), 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 re- ferred to in subsection (a)(1) of this section, an employee shall not be entitled to be com- pensated for credit hours worked except to the extent authorized under section 6126 of this title 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, premium pay for nightwork will not be paid to an employee otherwise subject to such section solely because the employee elects to work credit hours, or elects a time of arrival or departure, at a time of day for which such pre- mium pay is otherwise authorized, except that— (A) if an employee is on a flexible schedule under which— Page 797 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 6127 (i) the number of hours during which such employee must be present for work, plus (ii) the number of hours during which such employee may elect to work credit hours or elect the time of arrival at and departure from work, which occur outside of the nightwork hours designated in or under such section 5545(a) total less than 8 hours, such premium pay shall be paid for those hours which, when com- bined with such total, do not exceed 8 hours, and (B) if an employee is on a flexible schedule under which the hours that such employee must be present for work include any hours designated in or under such section 5545(a), such premium pay shall be paid for such hours so designated. (2) Notwithstanding section 5343(f) of this title, and section 7453(b) of title 38, night dif- ferential will not be paid to any employee other- wise subject to either of such sections solely be- cause such employee elects to work credit hours, or elects a time of arrival or departure, at a time of day for which night differential is otherwise authorized, except that such differen- tial shall be paid to an employee on a flexible schedule under this subchapter— (A) in the case of an employee subject to subsection (f) of such section 5343, for which all or a majority of the hours of such schedule for any day fall between the hours specified in such subsection, or (B) in the case of an employee subject to subsection (b) of such section 7453, for which 4 hours of such schedule fall between the hours specified in such subsection. (Added Pub. L. 97–221, § 2(a)(2), July 23, 1982, 96 Stat. 228; amended Pub. L. 102–40, title IV, § 403(c)(2), May 7, 1991, 105 Stat. 240; Pub. L. 102–378, § 2(44)(D), Oct. 2, 1992, 106 Stat. 1352.) Editorial Notes AMENDMENTS 1992—Subsec. (a)(1). Pub. L. 102–378 substituted ‘‘5543(a)(1) and section 5544(a)’’ for ‘‘5543(a)(1), 5544(a), and 5550’’. 1991—Subsec. (a)(1). Pub. L. 102–40, § 403(c)(2)(A), sub- stituted ‘‘section 7453(e)’’ for ‘‘section 4107(e)(5)’’. Subsec. (c)(2). Pub. L. 102–40, § 403(c)(2)(B), in intro- ductory provisions substituted ‘‘section 7453(b)’’ for ‘‘section 4107(e)(2)’’ and in subpar. (B) substituted ‘‘sub- section (b) of such section 7453’’ for ‘‘subsection (e)(2) of such section 4107’’. § 6124. Flexible schedules; holidays Notwithstanding sections 6103 and 6104 of this title, if any employee on a flexible schedule under section 6122 of this title is relieved or pre- vented 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). (Added Pub. L. 97–221, § 2(a)(2), July 23, 1982, 96 Stat. 229.) § 6125. Flexible schedules; time-recording devices Notwithstanding section 6106 of this title, the Office of Personnel Management or any agency may use recording clocks as part of programs under section 6122 of this title. (Added Pub. L. 97–221, § 2(a)(2), July 23, 1982, 96 Stat. 229.) § 6126. Flexible schedules; credit hours; accumu- lation and compensation (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 bi- weekly 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 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 bi- weekly basic work requirement) accumulated by such employee. (Added Pub. L. 97–221, § 2(a)(2), July 23, 1982, 96 Stat. 230.) § 6127. Compressed schedules; agencies author- ized to use (a) Notwithstanding section 6101 of this title, each agency may establish programs which use a 4-day workweek or other compressed schedule. (b)(1) An employee in a unit with respect to which an organization of Government employees has not been accorded exclusive recognition shall not be required to participate in any pro- gram under subsection (a) unless a majority of the employees in such unit who, but for this paragraph, would be included in such program have voted to be so included. (2) Upon written request to any agency by an employee, the agency, if it determines that par- ticipation in a program under subsection (a) would impose a personal hardship on such em- ployee, shall— (A) except such employee from such pro- gram; or (B) reassign such employee to the first posi- tion within the agency— (i) which becomes vacant after such deter- mination, (ii) which is not included within such pro- gram, (iii) for which such employee is qualified, and (iv) which is acceptable to the employee. A determination by an agency under this para- graph shall be made not later than 10 days after the day on which a written request for such de- termination is received by the agency.