5 U.S.C. § 6106 — Time clocks; restrictions

Page 793 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 6106 § 6104. Holidays; daily, hourly, and piece-work basis employees When a regular employee as defined by section 2105 of this title or an individual employed regu- larly by the government of the District of Co- lumbia, whose pay is fixed at a daily or hourly rate, or on a piece-work basis, is relieved or pre- vented from working on a day— (1) on which agencies are closed by Execu- tive order, or, for individuals employed by the government of the District of Columbia, by order of the Mayor; (2) by administrative order under regula- tions issued by the President, or, for individ- uals employed by the government of the Dis- trict of Columbia, by the Council of the Dis- trict of Columbia; or (3) solely because of the occurrence of a legal public holiday under section 6103 of this title, or a day declared a holiday by Federal statute, Executive order, or, for individuals employed by the government of the District of Colum- bia, by order of the Mayor; he is entitled to the same pay for that day as for a day on which an ordinary day’s work is per- formed. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 516; Pub. L. 90–623, § 1(15), Oct. 22, 1968, 82 Stat. 1313; Pub. L. 96–54, § 2(a)(38), Aug. 14, 1979, 93 Stat. 383.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 86a. June 29, 1938, ch. 818, § 1, 52 Stat. 1246. June 11, 1954, ch. 283, 68 Stat. 249. July 18, 1958, Pub. L. 85–533, § 2, 72 Stat. 377. The enumeration of holidays is eliminated as unnec- essary in view of section 6103. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1979—Pub. L. 96–54 substituted ‘‘Mayor’’ for ‘‘Commis- sioner’’ in pars. (1) and (3), and ‘‘Council of the District of Columbia’’ for ‘‘District of Columbia Council’’ in par. (2). 1968—Pub. L. 90–623 substituted ‘‘Commissioner’’ for ‘‘Board of Commissioners’’ in pars. (1) and (3), and ‘‘Dis- trict of Columbia Council’’ for ‘‘Board of Commis- sioners’’ in par. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–54 effective July 12, 1979, see section 2(b) of Pub. L. 96–54, set out as a note under section 305 of this title. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of this title. Executive Documents EX. ORD. NO. 10552. DELEGATION OF AUTHORITY TO PROMULGATE REGULATIONS Ex. Ord. No. 10552, Aug. 10, 1954, 19 F.R. 5079, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided: By virtue of the authority vested in me by section 301 of title 3 of the United States Code, 65 Stat. 713, it is declared that the Office of Personnel Management be, and it is hereby, designated and empowered to exercise, without the approval, ratification, or other action of the President, the authority vested in the President by the joint resolution of June 29, 1938, 52 Stat. 1246, as amended by the act of June 11, 1954, 68 Stat. 249 [this section], to promulgate regulations under which cer- tain employees of the Government may be prevented or relieved from working by administrative order. § 6105. Closing of Executive departments An Executive department may not be closed as a mark to the memory of a deceased former offi- cial of the United States. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 516.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 28. Mar. 3, 1893, ch. 211, § 4, 27 Stat. 715. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. § 6106. Time clocks; restrictions A recording clock may not be used to record time of an employee of an Executive department in the District of Columbia, except that the Bu- reau of Engraving and Printing may use such re- cording clocks. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 516; Pub. L. 97–221, § 6(a), July 23, 1982, 96 Stat. 234.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 27. Feb. 24, 1899, ch. 187, § 1 (14th par. on p. 864), 30 Stat. 864. The words ‘‘District of Columbia’’ are substituted for ‘‘Washington’’ as a clearer statement. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1982—Pub. L. 97–221 substituted ‘‘District of Colum- bia, except that the Bureau of Engraving and Printing may use such recording clocks’’ for ‘‘District of Colum- bia’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1982 AMENDMENT Pub. L. 97–221, § 6(b), July 23, 1982, 96 Stat. 234, pro- vided that: ‘‘The amendment made by this section [amending this section] shall take effect October 1, 1982. Section 5 of this Act [set out in the Termination Date of 1982 Amendment note under section 6101 of this Page 794 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 6120 title] shall not apply to the amendment made by this section.’’ SUBCHAPTER II—FLEXIBLE AND COMPRESSED WORK SCHEDULES Editorial Notes AMENDMENTS 1982—Pub. L. 97–221, § 2(a)(2), July 23, 1982, 96 Stat. 227, added subchapter II heading as part of enactment of sections 6120 to 6133 of this title. § 6120. Purpose The Congress finds that the use of flexible and compressed work schedules has the potential to improve productivity in the Federal Govern- ment and provide greater service to the public. (Added Pub. L. 97–221, § 2(a)(2), July 23, 1982, 96 Stat. 227.) Executive Documents EXPANDING FAMILY-FRIENDLY WORK ARRANGEMENTS IN EXECUTIVE BRANCH Memorandum of President of the United States, July 11, 1994, 59 F.R. 36017, provided: Memorandum for the Heads of Executive Depart- ments and Agencies In order to recruit and retain a Federal work force that will provide the highest quality of service to the American people, the executive branch must imple- ment flexible work arrangements to create a ‘‘family- friendly’’ workplace. Broad use of flexible work ar- rangements to enable Federal employees to better bal- ance their work and family responsibilities can in- crease employee effectiveness and job satisfaction, while decreasing turnover rates and absenteeism. I therefore adopt the National Performance Review’s recommendation that a more family-friendly work- place be created by expanding opportunities for Federal workers to participate in flexible work arrangements, consistent with the mission of the executive branch to serve the public. The head of each executive department or agency (hereafter collectively ‘‘agency’’ or ‘‘agencies’’) is here- by directed to establish a program to encourage and support the expansion of flexible family-friendly work arrangements, including: job sharing; career part-time employment; alternative work schedules; telecom- muting and satellite work locations. Such a program shall include: (1) identifying agency positions that are suitable for flexible work arrangements; (2) adopting appropriate policies to increase the op- portunities for employees in suitable positions to participate in such flexible work arrangements; (3) providing appropriate training and support nec- essary to implement flexible work arrangements; and (4) identifying barriers to implementing this direc- tive and providing recommendations for addressing such barriers to the President’s Management Council. I direct the Director of the Office of Personnel Man- agement (‘‘OPM’’) and the Administrator of General Services (‘‘GSA’’) to take all necessary steps to support and encourage the expanded implementation of flexible work arrangements. The OPM and GSA shall work in concert to promptly review and revise regulations that are barriers to such work arrangements and develop legislative proposals, as needed, to achieve the goals of this directive. The OPM and GSA also shall assist agen- cies, as requested, to implement this directive. The President’s Management Council, in conjunction with the Office of Management and Budget, shall en- sure that any guidance necessary to implement the ac- tions set forth in this directive is provided. Independent agencies are requested to adhere to this directive to the extent permitted by law. This directive is for the internal management of the executive branch and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable by a party against the United States, its agencies or instrumentalities, its officers or employees, or any other person. The Director of the Office of Management and Budget is authorized and directed to publish this directive in the Federal Register. WILLIAM J. CLINTON. ENHANCING WORKPLACE FLEXIBILITIES AND WORK-LIFE PROGRAMS Memorandum of President of the United States, June 23, 2014, 79 F.R. 36625, provided: Memorandum for the Heads of Executive Depart- ments and Agencies To attract, empower, and retain a talented and pro- ductive workforce in the 21st century, the Federal Gov- ernment must continue to make progress in enabling employees to balance their responsibilities at work and at home. We should build on our record of leadership through better education and training, expanded avail- ability of workplace flexibilities and work-life pro- grams, as appropriate, and improved tracking of out- comes and accountability. In doing so, we can help en- sure that the Federal workforce is engaged and empow- ered to deliver exceptional and efficient service to the American public while meeting family and other needs at home. Therefore, it is the policy of the Federal Government to promote a culture in which managers and employees understand the workplace flexibilities and work-life programs available to them and how these measures can improve agency productivity and employee engage- ment. The Federal Government must also identify and eliminate any arbitrary or unnecessary barriers or lim- itations to the use of these flexibilities and develop new strategies consistent with statute and agency mis- sion to foster a more balanced workplace. By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to support executive depart- ments and agencies (agencies) in their efforts to better utilize existing and develop new workplace flexibilities and work-life programs, I hereby direct as follows: SECTION 1. Right to Request Work Schedule Flexibilities. (a) Agencies shall make Federal employees aware, on a periodic basis, that they have the right to request work schedule flexibilities available to them under law, pur- suant to an applicable collective bargaining agreement, or under agency policy, without fear of retaliation or adverse employment action as a consequence of making such a request. (b) To facilitate conversations about work schedule flexibilities, each agency shall review, and if necessary amend or establish, procedures within 120 days of the date of this memorandum. Subject to collective bar- gaining agreements, agency procedures must provide: (i) employees an ability to request work schedule flexibilities, including telework, part-time employ- ment, or job sharing; (ii) that, upon receipt of such requests, supervisors (or their designees) should meet or confer directly with the requesting employee as appropriate to understand fully the nature and need for the requested flexibility; (iii) that supervisors must consider the request and supporting information carefully and respond within 20 business days of the initial request, or sooner if re- quired by agency policy; and (iv) that the agency should remind employees on a periodic basis of the workplace flexibilities available to them. (c) The Director of the Office of Personnel Manage- ment (OPM) shall issue guidance to Chief Human Cap- ital Officers regarding the requirements set forth in this section within 60 days of the date of this memo- randum, and shall assist agencies with implementation of this section.