5 U.S.C. § 6122 — Flexible schedules; agencies authorized to

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—