does travel comp get paid out

What are the references for hours of work and compensatory time off for travel (commonly referred to as travel comp)?

a. Hours of work for travel:  5 U.S.C. 5542(b)(2) and 5544(a)(3), along with 5 CFR 550.112(g), 551.401(h) and 551.422 are the references.  Those references cover both exempt and non-exempt employees.  A summary of the rules from these references is available at the following Office of Personnel Management (OPM) web site: http://www.opm.gov/oca/worksch/HTML/TRAVEL.asp. b. Compensatory time off for travel:  5 U.S.C 5550b and Subpart N of 5 CFR 550 are the references.  OPM’s guidance on compensatory time off for travel for eligible employees is available at http://www.opm.gov/policy-data-oversight/pay-leave/pay-administration/fact-sheets/compensatory-time-off-for-travel/.   

Who is covered by the hours of work for travel rules and eligible for compensatory time off for travel benefit?

 All employees are covered by the hours of work for travel rules except members of the Senior Executive Service (SES) and Presidential appointees.

When does the travel time start and end?

Official travel for temporary duty (TDY) and travel authorizations (TAs) purposes begins at the time when the employee leaves his/her office or residence and ends when s/he returns to his/her office or residence.  However, the travel time that is eligible for compensatory time off for travel begins when an employee departs his/her office after normal duty hours or in the initial terminal and ends when the employee reaches their destination (hotel of TDY work site) and the return trip beginning with the departure time from their hotel or TDY work site to the time they clear the terminal at their home (or alternative TDY site if the trip involves multiple TDY locations).

Should an employee be compensated while traveling when a flight is delayed or cancelled?

Delays that are uncontrollable by the employee, e.g., due to weather conditions, are treated as excused absence (administrative leave) just as if weather conditions cause the closing of a facility.  However, if an employee misses a flight because of negligence, e.g., overslept or lost his/her ticket, then the employee must accept the responsibility for any consequences that may result.  No additional compensation is warranted in the latter situation.

DOE authorizes the following amount of excused absence (administrative leave): 

“Usual waiting time” begins when the employee is physically in the terminal, including waiting in line to check in and/or clear security, but not time in the parking lot or traveling from the parking lot to the terminal.  Waiting time for a delayed or cancelled flight or train is credited for non-duty hours up to the time that the employee is notified of the cancellation, but no more than 2 hours for a domestic flight or 3 hours for an international flight, reduced by any time for rest and/or sleep or personal use, e.g., shopping in a terminal.  Since “the extended waiting time that is outside the employee’s regular working hours is not creditable waiting time”, the maximum creditable waiting time, for whatever reason, is 2 hours for a domestic flight or 3 hours for an international flight.  If the cancellation occurs at the initial departure terminal, then the employee’s travel time back home (reduced by the employee’s normal commute time) or to his/her hotel may be credited for compensatory time for travel if travel occurs outside the employee’s regular duty hours.  If cancellation occurs at an intervening terminal, then the travel time to and from a hotel for an overnight stay is creditable time if it occurs outside the employee’s regular duty hours, but the time at the hotel is not creditable because it is regarded as personal time for rest and/or sleep.

a. Hours of work for travel:  5 U.S.C. 5542(b)(2) and 5544(a)(3), along with 5 CFR 550.112(g), 551.401(h) and 551.422 are the references.  Those references cover both exempt and non-exempt employees.  A summary of the rules from these references is available at the following Office of Personnel Management (OPM) web site: http://www.opm.gov/oca/worksch/HTML/TRAVEL.asp. b. Compensatory time off for travel:  5 U.S.C 5550b and Subpart N of 5 CFR 550 are the references.  OPM’s guidance on compensatory time off for travel for eligible employees is available at http://www.opm.gov/policy-data-oversight/pay-leave/pay-administration/fact-sheets/compensatory-time-off-for-travel/.  

“Usual waiting time” begins when the employee is physically in the terminal, including waiting in line to check in and/or clear security, but not time in the parking lot or traveling from the parking lot to the terminal.  Waiting time for a delayed or cancelled flight or train is credited for non-duty hours up to the time that the employee is notified of the cancellation, but no more than 2 hours for a domestic flight or 3 hours for an international flight, reduced by any time for rest and/or sleep or personal use, e.g., shopping in a terminal.  Since “the extended waiting time that is outside the employee’s regular working hours is not creditable waiting time”, the maximum creditable waiting time, for whatever reason, is 2 hours for a domestic flight or 3 hours for an international flight.  If the cancellation occurs at the initial departure terminal, then the employee’s travel time back home (reduced by the employee’s normal commute time) or to his/her hotel may be credited for compensatory time for travel if travel occurs outside the employee’s regular duty hours.  If cancellation occurs at an intervening terminal, then the travel time to and from a hotel for an overnight stay is creditable time if it occurs outside the employee’s regular duty hours, but the time at the hotel is not creditable because it is regarded as personal time for rest and/or sleep

When does an employee have to report to his/her office or alternate work location when returning from travel on a regular workday?

An employee should return to his/her designated work location when there is at least 1 hour left in the employee’s workday after arriving at that work location, unless the employee is eligible for a rest period as a result of a long trip (see Q&A 6 under Exempt Employees).

When is an employee expected to depart from a hotel when driving back to his/her office or residence?

An employee should depart the hotel by the time the employee would normally begin his/her workday on a regular workday.  If the employee does not depart by that time, then the time between the beginning of the normal workday and actual departure time should be charged as leave or leave without pay (LWOP).

a. Hours of work for travel:   All employees are covered by the hours of work for travel rules except members of the Senior Executive Service (SES) and Presidential appointees.    b. Compensatory time off for travel: All employees are  eligible for compensatory time off for travel except the following: the Secretary, SESs, employees covered by other forms of overtime compensation, including law enforcement availability pay, and employees on intermittent work schedules.  SL/STs, Schedule Cs, student employees, prevailing rate (wage grade) employees, and all excepted service pay plans are eligible.  

A DOE conference includes an evening reception on the first evening that begins after the employee’s normal work schedule for the day. Is the time at the reception considered duty time and subject to overtime when the employee traveled during normal duty

No, as the purpose of the reception is to provide an opportunity to network and socialize, rather than an event that involves the performance of work.  Also, the answer to the next question applies.

A DOE conference includes an awards ceremony dinner following a full day of seminars. Is the dinner considered to be overtime when the employee is expected to attend?

First of all, the conference is considered training.  As such, activities associated with it are normally prohibited from the payment of premium pay (overtime is a form of premium pay) in accordance with 5 CFR 410.402(a) and the awards ceremony does not satisfy the exception for training at night described at 410.402(b)(2).  Thus, the dinner is not considered additional duty hours eligible for overtime.

What is the Department’s procedure for an employee to request that compensatory time for travel be credited?

An employee must provide adequate documentation, such as on the attached worksheet (Attachment 1), to his/her timekeeper and/or certifying official in accordance with local procedures.  Submission of the documentation presumes that credit is requested.

How should an employee request to use earned compensatory time off for travel?

It may be requested on an electronic SF-71 (use “comp time-travel”) or by checking the block for “Compensatory time off” on OPF Form 71 and annotating in the Remarks section “for travel”.  Time will be charged on a first-in, first-out basis.

Additional Information

• Exempt Employees
• Non-Exempt Employees

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Overtime, Comp Time, and Credit Hours

This Handbook page provides a brief overview of overtime, comp time, and credit hours.

There are several factors which affect how you could be compensated for working extra hours. One is your salary: if your salary is at - or close to - the maximum GS salary ($183,500 in FY23). Another factor is whether you are an , external, exempt or non-exempt employee .

You should obtain supervisor approval prior to working extra hours. And, your supervisor should understand your specific situation prior to approving overtime.

The guidance below is only a high level overview. You and/or your supervisor can reach out to PeopleOps anytime with questions about your specific situation.

Overtime and Comp Time

Overtime and comp time can be approved by your supervisor no matter what type of work schedule you have.

Overtime is when you are paid for extra hours that you work, whereas comp time is when you receive hours of leave instead of pay. To determine the maximum number of comp time hours that you can accrue per pay period, please use the , external, TTS-only, Bi-weekly Comp Time Cap Calculator .

You should use your accrued comp time before using Annual Leave. However, if the end of the leave year is approaching, your supervisor can approve your Annual Leave requests first if you are in danger of losing Annual Leave because of “ Use or Lose .”

Comp time expires one year (26 pay periods) after it is earned. When you reach the expiration date, what happens depends on whether you are an , external, exempt or non-exempt employee :

• If you are exempt: you will forfeit the leave.
• If you are non-exempt: you will be paid out the hours (at the overtime pay rate that was in effect when you earned the hours).

If you leave GSA, your comp time will follow the parameters above: either forfeited or paid out, depending on your exemption status.

Credit Hours

Note: Credit hours are only available if you are on a flexible work schedule .

You can be approved for credit hours if you want to voluntarily work additional hours to your normal/approved schedule. If you are required to work additional hours, you will receive overtime or comp time.

• You can have up to 24 credit hours accrued, at any given time.
• The hours will rollover from one pay period to the next, and they never expire.
• Credit hours cannot be converted to cash, unless you leave GSA (then they will be paid out).

Credit hours example

You are on a Gliding schedule , and you work 8 hours every day. You are not required to stay late, but you are in a productive headspace and want to work an extra hour to finish your project. You can talk to your supervisor and ask to work 1 more hour, therefore receiving 1 credit hour. You will need to request the 1 hour in HR Links, and your supervisor will need to approve it.

Religious comp time

You can request an adjustment to your work schedule for religious observances, instead of taking leave. Document your request to your supervisor, via email, in advance of the time you’ll need to miss, along with the schedule of the time you will work outside of normal hours to compensate.

Note: religious comp time does not follow the salary cap rules that are outlined in the beginning of this document. Anyone can request religious comp time, regardless of their salary and what type of work schedule they are on.

Travel comp time

When you travel in connection to TTS, the time you spend traveling may be regular time, overtime, or travel comp time, depending on when the travel occurs.

You’ll complete overtime and comp time requests after you travel because you may encounter delays. Keep a copy of your travel itinerary to help you remember your trip.

Refer to the , external, TTS-only, Compensation for Government Travel slidedeck to determine the breakdown of your hours. This slidedeck is only open to GSA employees. Please contact your Timekeeper or an HR Specialist at your agency with questions.

Note: travel comp time does not follow the salary cap rules that are outlined in the beginning of this document. Anyone can request travel comp time, regardless of their salary and what type of work schedule they are on.

Entering the overtime, comp time, and/or credit hours you will be working into HRLinks

Entering your hours is a two step process.

Step 1 - Submit a time request in HRLinks

You need to enter your overtime, comp time, or credit hours into HRLinks. To determine the maximum number of comp time hours that you can accrue per pay period, please use the , external, TTS-only, Bi-weekly Comp Time Cap Calculator . Your supervisor will be notified to approve the hours requested.

• Click on the Employee Time Requests tile
• Select Additional Time Requests
• For Overtime , you will need to select a reason you worked overtime.
• Select Additional Time Type
• Enter Start Date and End Date
• Enter Requested Hours
• Enter Comments
• Click Submit

You’ll receive emails after submitting the request, and after it is approved. There is a step-by-step guide to submitting time requests .

Step 2 - Update your timesheet

Currently, HR Links is not connecting Comp/Credit/Overtime hours to your timesheet. This means you will need to manually add the hours you earned to your timesheet on the day(s) when you earned them. You’ll do this after your supervisor has approved the hours in step 1.

There is a step-by-step guide on adding the hours to your timesheet . Reach out to , external, TTS-only, #people-ops if you need assistance.

Using the comp time and/or credit hours you’ve earned

You will submit a leave request , just like you do for other types of leave. When searching in HR Links for the leave type to request, the codes and leave names are:

• 041 - Comp Time Used
• 037 - Credit Hours Used
• 047 - Religious Comp Time Used
• 043 - Travel Comp Time Used

OPM Resources

• , external, Adjustment of Work Schedules for Religious Observances
• , external, Overtime Fact Sheet
• , external, Comp Time Fact Sheet
• , external, Credit Hours Fact Sheet

Handbook.tts.gsa.gov

An official website of the U.S. General Services Administration

5 CFR Subpart N - Subpart N—Compensatory Time Off for Travel

• § 550.1401 Purpose.
• § 550.1402 Coverage.
• § 550.1403 Definitions.
• § 550.1404 Creditable travel time.
• § 550.1405 Crediting compensatory time off.
• § 550.1406 Use of accrued compensatory time off.
• § 550.1407 Forfeiture of unused compensatory time off.
• § 550.1408 Prohibition against payment for unused compensatory time off.
• § 550.1409 Inapplicability of premium pay and aggregate pay caps.

Understanding Comp Time: Guidelines for Employers

November 15, 2023

Home » Blog » Understanding Comp Time: Guidelines for Employers

Compensatory time off, or “comp time,” is often misused by employers who don’t understand Fair Labor Standards Act (FLSA) laws. As a very specific type of compensation, financial and HR professionals need to understand how comp time works. This comprehensive comp time guideline helps you understand the rules for salaried, exempt, and hourly employees and the possible consequences of poor compliance.

What Is Comp Time?

Compensatory time allows employers to provide employees paid time off to account for hours worked beyond their regular schedule. Comp time is commonly used as part of a regulated compensatory policy for flexible work scheduling but can also be used case-by-case to manage unexpected scheduled changes.    

What is a comp day?

A comp day refers to a day an employee takes off when they have accumulated enough hours of overtime.

What is travel comp time?

Travel comp time is compensatory time off for travel earned when an employee’s work requires work away from their daily workplace, and this work time is not compensated via other means.

Comp Time vs. Overtime – What’s the Difference?

Although both comp time and overtime compensate employees for extra hours worked, comp time is paid out in hours off, while overtime is paid in dollars. When an employee works over 40 hours in a week, they are entitled to either earn time and a half pay for every hour over 40 hours or time and a half in hours off.

Comp time for exempt employees

However, not all employees qualify for comp time. Only exempt workers qualify, which in most cases are government or salaried employees. In fact, government employees are the only employees who can legally be offered comp time in lieu of overtime unless state laws allow otherwise. 

FLSA Comp Time

According to the Code of Federal Regulations, Compensatory time off is “paid time off the job which is earned and accrued by an employee instead of immediate cash payment for employment in excess of the statutory hours for which overtime compensation is required by section 7 of the FLSA.” 

The rules governing time off require government employers to provide comp time at a rate not less than one and one-half hours for each hour of employment for which overtime compensation is required in accordance with section 7. Furthermore, comp time, in lieu of paid overtime, is limited to a public agency that is a state, a political subdivision of a state, or an interstate governmental agency. It is illegal for private sector employees to use time off in lieu of pay.

Employers must adhere to the guidelines based on maximum accrual limits, documentation of hours and use, and deadlines to use comp time within a specified timeframe. For example, limits on the total number of comp hours an employee can accrue is 240 for most salaried workers or 480 hours for workers such as firefighters and law enforcement officers. This adds further restrictions to comp hours as the 480-hour limit on accrued compensatory time can’t represent more than 320 hours of actual overtime worked, and the 240-hour limit represents not more than 160 hours.

Comp Time for Exempt vs. Non-Exempt Employees

Nonexempt employees are hourly workers entitled to receive overtime when they work over 40 hours in a week in accordance with the FLSA. In this case, it is illegal to offer private employees comp time. Exempt employees are salaried employees who are ineligible for overtime pay or comp time. This is because their salary is intended to cover extra work expected in typical salaried roles. However, although not required by law, as an employer, you have the right to offer time off to salaried workers as a reward for their hard work.

Use of Comp Time in the Public vs. Private Sector

The U.S. Department of Labor (DOL) does not allow comp time for nonexempt employees in private-sector employment. Comp time is limited to public agencies at both state and local levels. However, as mentioned, private-sector employers can offer time off as a reward for salaried employees. In this case, it is important to avoid using the term “compensatory time,” as this is a legal term used specifically in the public sector. Many companies adopt terms such as flex time or personal days to identify this form of compensation.

State Exemptions for Comp Time

Despite the above information, some states allow private sector comp time for salaried employees in lieu of overtime as long as the employee agrees. However, this can open employers up to possible lawsuits should an employee leave the company, be fired, or change their minds and expect to be compensated with extra pay. Because of this, it is imperative to understand state laws such as:

• Industries: Some states might allow comp time for specific industries, while states like California ban comp time completely.
• Accrual and usage limits: Different maximums might apply, such as New York’s 240/30-day maximum.
• Employee consent: Some states forbid comp time in the private sector, while others, like Minnesota, allow it if there is a transparent written and signed agreement.
• Conversions: How hours are converted is also often regulated by states. For example, in Washington, employers must convert unused hours to cash after two years.
• Collective bargaining agreements: Comp time rules might be governed by collective bargaining agreements in some states, outlining comp time usage and accrual.

Penalties for Comp Time Violations

Some possible consequences of comp time violations include:

• Fines of up to $10,000
• Mandatory payout based on twice the amount of back wages owed for unpaid overtime
• Legal fees for employees out of pocket due to lawsuits
• Jail time for repeat offenders
• Civil money penalties of up to $1,000 per infraction

When is Comp Time a Good Idea?

If your state allows comp time, it is essential to develop a policy and ensure you adhere to state laws. This might include the following:

• Creating terms and conditions for comp time
• Having new employees read and sign the policy indicating they accept time off in lieu of pay as part of your onboarding process
• Being clear at all levels how your policy works, when it applies, and how hours are incurred and used
• Using automated time tracking to ensure an accurate record is kept of all overtime to accrue hours and determine compensation time owed
• Tracking employee use of comp hours, especially in states where it is required to convert hours into pay after a certain period
• Remote time tracking for hybrid workplaces
• Leveraging a management approval system to avoid fraud and approve hours from anywhere to avoid disruption to operations

Applying comp time legally is easier when you have software to create a streamlined onboarding process to share company policies and track hours and overtime accurately. This ensures your comp time policies remain transparent and that hours are tracked to ensure employees receive the hours and compensation they are entitled to.  

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Travel Time

Time spent traveling during normal work hours is considered compensable work time. Time spent in home-to-work travel by an employee in an employer-provided vehicle, or in activities performed by an employee that are incidental to the use of the vehicle for commuting, generally is not "hours worked" and, therefore, does not have to be paid. This provision applies only if the travel is within the normal commuting area for the employer's business and the use of the vehicle is subject to an agreement between the employer and the employee or the employee's representative.

Webpages on this Topic

Handy Reference Guide to the Fair Labor Standards Act - Answers many questions about the FLSA and gives information about certain occupations that are exempt from the Act.

Coverage Under the Fair Labor Standards Act (FLSA) Fact Sheet - General information about who is covered by the FLSA.

Wage and Hour Division: District Office Locations - Addresses and phone numbers for Department of Labor district Wage and Hour Division offices.

State Labor Offices/State Laws - Links to state departments of labor contacts. Individual states' laws and regulations may vary greatly. Please consult your state department of labor for this information.

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Compensatory Time Off for Travel

To:   All U.S. Geological Survey Employees From:   S. Kaye Cook /signed/ Chief, Office of Human Resources Subject:   Compensatory Time Off for Travel

Beginning January 28, 2005, employees are eligible to earn compensatory time off for time spent in a travel status away from their official duty station when such time is not otherwise compensable. This provision does not apply to employees in the Senior Executive Service and Wage Grade employees.

Until the Department of the Interior issues additional guidance, the following will apply: Whenever possible, supervisors should schedule officially approved travel within regularly scheduled work hours. If travel during regularly scheduled work hours is not possible, supervisors may authorize compensatory time off in accordance with the guidance issued by the Office of Human Resources Management (OPM).

For information about what qualifies as time in travel status and the restrictions of this new provision, see  OPM’s interim regulations . You may also review  OPM’s questions and answers , and  see examples of creditable travel time .

Compensatory time off for travel is credited in increments of 15 minutes. You should use pay code 046 for “Travel Compensatory Time – Earned” and pay code 047 for “Travel Compensatory Time – Used” in Quicktime. Any compensatory time off for travel must be used by the end of the 26th pay period after the pay period in which it was earned, or it will be forfeited. Payment is not authorized for compensatory time off for travel.

Both earned and used compensatory time off for travel will initially be combined with the regular compensatory time balances on the leave and earnings statements. The National Business Center is currently working with Employee Express to ensure that compensatory time off for travel balances will be displayed separately in the near future.

If you have any questions, please contact your  servicing Human Resources Office  for assistance.

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Comp time compensation and retirement

Q. I’m planning to retire from CSRS on Nov. 2, 2012, with 37.6 years. Can I sell back my comp time along with my annual leave, or do I need to take it before I retire?

A. As a rule, any unused compensatory time you still have to your credit will be paid in a lump sum at the overtime rate in effect when the leave was earned. However, compensatory time earned during non-duty hours while on TDY has no cash value.

About Author

Reg Jones was head of retirement and insurance policy at the Office of Personnel Management. Email your retirement-related questions to [email protected] .

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Ask the experts is on vacation …, dental and vision coverage, fehb enrollment.

Does this apply to FERS as well?

Does this apply to FLSA-exempt/executive level employees who typically are ineligible for overtime pay?

No, it doesn’t. Executive level employees aren’t eligible for compensatory time.

Are there exceptions on the comp time buy back? Is it always paid out at the earned rate and not the retirement rate?

Yes, it is. There aren’t any exceptions.

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Special compensatory time off for travel.

This program allows employees to accrue compensatory time off for time spent by an employee in a travel status away from the employee’s official duty station when such time is not otherwise compensable. The travel must be officially authorized for work purposes and approved by an authorized official. 

An employee as defined in Title 5 U.S.C. 5541(2), who is employed in an “Executive Agency,” as defined in 5 U.S.C. 105, ) is entitled to earn and use compensatory time off for travel regardless of whether the employee is exempt or non-exempt from the Fair Labor Standards Act (FLSA). Coverage includes employees in Senior Level (SL) and Scientific of Professional (ST) positions, Federal Wage System (or Wage Grade, WG), and commissioned (tenured) Foreign Service Officers (in pay plan FO) and Commissioned Foreign Service Officers (in pay plan FO). 

Senior Executive Service members and intermittent employees (who do not have a scheduled tour of duty for leave purposes) are excluded from coverage.

Effective Dates of Coverage

Final regulations implementing compensatory time off for travel for most employees was effective May 17, 2007. Coverage for WG employees was effective April 27, 2008. Coverage for Foreign Service Officers (in pay plan FO) and Commissioned Foreign Service Officers (in pay plan FO) was effective June 8, 2006. 

Creditable Travel Time 

Time in a travel status includes the time the employee spends traveling between the official duty station and a temporary duty station (or the lodging in the temporary duty station) or between two temporary duty stations (or the lodging in the temporary duty station) and the “usual waiting time” that precedes or interrupts such travel. 

“Usual waiting time” is the time required to arrive at the airport (or other transportation hub) for security checks-ins, etc., prior to a designated departure time. 

Time spent at an intervening airport (or transportation hub) waiting for a connecting flight also is creditable time.

In the Department, “usual waiting time” is 2 hours for domestic travel and up to 4 hours for international travel. 

Non-Creditable Travel Time 

The following do not qualify as creditable time:

• Unusually long or extended waiting periods that occur prior to an employee’s initial departure time or between actual periods of travel if the employee is free to rest, sleep, or otherwise use the time for his/her own purposes;
• Long waiting periods that occur during an employee's regular scheduled working hours; these periods are compensable as part of the employee's regularly scheduled administrative workweek;
• Time spent traveling outside of an employee’s regular working hours to or from a transportation terminal that are within the limits of the employee’s official duty station;
• Time spent traveling in connection with the performance of union representational activities;
• Time spent traveling on a holiday or an “in-lieu-of” holiday; the employee is entitled to his or her rate of basic pay for the holiday hours; and
• Time spent at a temporary duty station between arrival and departure times; and
• Meal times. 

Once an employee arrives at the temporary duty station (i.e., TDY work site, training site, or hotel at the temporary duty station), the employee is no longer considered to be in a travel status. Any time spent at a temporary duty station between arrival and departure is not creditable for earning compensatory time off for travel. 

Offsetting Normal Commuting Time

When an employee travels directly between the home and a temporary duty station that is outside the limits of the employee's official duty station, the employee's normal “home-to-work/work-to-home” commuting time must be deducted from the creditable travel time. 

Normal commuting time must also be deducted from the creditable travel time if the employee is required to travel outside of regular working hours between the home and a transportation hub outside the limits of the employee's official duty station.

Travel between Multiple Time Zones 

When an employee’s travel involves two or more time zones, the time zone from the point of first departure must be used to determine travel status for accruing compensatory time off. For example, if an employee travels from his official duty station in Washington, DC, to a temporary duty station in Boulder, CO, the Washington, DC, time zone must be used to determine hours in a travel status. However, on the return trip to Washington, DC, the time zone from Boulder, CO, must be used to determine hours in a travel status 

Timeframes for Use

An employee must use accrued compensatory time off by the end of the 26th pay period after the pay period during which it was earned and reported on the webTA. 

All compensatory time off for travel must be used in the chronological order in which it was earned; that is, time earned first is used first. 

Forfeiture of Unused Hours

Accumulated compensatory time that is unused by the end of the 26th pay period after the pay period in which it was earned is forfeited. Unused balances are also forfeited when an employee voluntarily transfers to another agency or separates from Federal service. Forfeited hours may not be paid or restored. 

When an employee fails to use accumulated compensatory time balances within the required timeframe due to an exigency of the public service beyond the employee’s control, the time limit for using the hours may be extended for up to an additional 26 pay periods. Additional extensions are not authorized and forfeited hours may not be restored. 

Exceptions to Forfeiture of Unused Hours

Unused compensatory time off for travel must be held in abeyance for an employee who separates, or is placed in a leave without pay (LWOP) status, and later returns:

• To perform service in the uniformed services (see 38 U.S.C. § 4303 and 5 CFR § 353.102) with restoration rights; and 
• Due to an on-the-job injury with entitlement to injury compensation under 5 U.S.C. Chapter 81. 

In these cases, the employee must use all of the compensatory time off for travel held in abeyance by the end of the 26th pay period following the pay period in which he/she returns to duty, or the compensatory time off will be forfeited. 

Biweekly Salary Limitation and Aggregate Limitation on Pay

Compensatory time off for travel is not considered in applying the bi-weekly pay cap under 5 U.S.C. 5547 or the aggregate limitation on pay under 5 U.S.C.507. 

Alternate Mode of Transportation

When an employee is allowed to use an alternate mode of transportation, or travels at a time/route other than what is initially approved by the authorizing official, creditable time for travel status must be estimated. The estimate is based on the amount of time the employee would have had if the mode of transportation or the time/route initially approved by the authorizing official was used. In determining the estimated amount of creditable time for travel that an employee would have had, the employee will be credited with the lesser of the:

• Estimated time in a travel status the employee would have had if the employee had traveled at the initially approved time, or
• Employee's actual time in a travel status at a time other than that initially approved.

Applying for Compensatory Time off for Travel

Employee must officially request the earning of compensatory time prior to the actual travel or within 10 calendar days of termination of the travel. The request may be submitted via the webTA Leave and Premium Pay Request functionality, Commerce Department Form CD-81, “Authorization for Paid Overtime and/or Holiday Work, and for Compensatory Overtime”, electronic mail, or memorandum. The request should estimate the number of hours the employee expects to earn. Upon the employee’s return from travel, the employee must provide a chronological record of travel information including:

• Duration of the normal home-to-work commute;
• Time and place of departure (i.e., the employee’s home or official duty station);
• Actual time spent traveling to and from the transportation terminal if the terminal is outside of the employee’s official duty station;
• Usual waiting time; and
• Time of arrival at and departure from the temporary duty station. 

Earning Limitations 

There is no limit on the amount of compensatory time for travel that may be earned. 

Using Compensatory Time off for Travel 

Compensatory time off for travel is credited and used in 15 minute increments with the compensatory time off for travel earned first being charged first. Additional leave will be charged in corresponding units. Employees must request permission from their supervisor or leave approving official to schedule the use of accrued compensatory time off via the webTA Leave and Premium Pay Request functionality, a SF-71, Application for Leave, or Form OPM-71, Request for Leave or Approved Absence. 

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Scottish Power to pay out £1.5m after overcharging 1,700 households

Supplier mistakenly charged direct debit customers at rate meant for those who pay when they get bills

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Scottish Power is to pay £1.5m in refunds and compensation after overcharging nearly 1,700 households at the height of the energy crisis and in previous years, paying out an average of £294 to each customer.

The energy regulator, Ofgem, said it agreed the redress package with the supplier after it confirmed that, between 2015 and 2023, it mistakenly charged 1,699 direct debit customers at a higher rate that should only apply to those who pay when they receive their bill.

The average amount overcharged was £149 a customer. Scottish Power, which has 4.5 million customers overall, has paid £250,000 in refunds to affected customers, plus another £250,000 in goodwill payments – equating to an average of £294 a customer. All payments have been made automatically, and customers do not need to do anything.

The company apologised for the “technical error”. Andrew Ward, the chief executive of its customer business, said: “We’re so sorry that a very small number of our customers were affected by this mistake and faced an increased financial burden – especially during a time when energy prices were reaching an unprecedented high and the government had to step in to provide support.”

Scottish Power has also agreed to pay £1m to Ofgem’s energy industry voluntary redress fund, which gives money to charities and community projects that help vulnerable customers with energy-related support.

Dan Norton, the Ofgem deputy director for price protection, said: “The last few years have been challenging enough for energy customers facing increasing cost of living pressures, without the additional hardship of being overcharged. The price cap is there to protect consumers, and we take seriously any breaches of the safeguards we have put in place.

“Suppliers must be vigilant and act quickly to resolve billing errors that impact customers. We will continue to closely monitors all suppliers and will hold them to account if they do not meet the standards we set.”

Scottish Power reported itself to the regulator last summer, when it discovered that operational errors had led to direct debit customers being charged the standard credit tariff.

This overcharge began in 2015 and continued until June 2023, with energy prices reaching historically high levels at the end of that period.

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The energy crisis began with a sharp increase in wholesale gas prices in late 2021 and the situation was exacerbated by Russia’s full-scale invasion of Ukraine in 2022, pushing up household gas and electricity bills and prompting the government to step in and provide additional support.

In determining the redress package, Ofgem said it had considered the additional strain and financial hardship that Scottish Power’s error may have caused customers during this time.

However, had Scottish Power not self-reported and resolved the issues in a “timely manner”, the redress package would have been considerably higher, Ofgem said.

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What to Know About Jury Selection in Trump’s Manhattan Criminal Case

As Donald J. Trump’s prosecution begins, lawyers must winnow a pool of hundreds to 12 jurors who will decide his fate.

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By Kate Christobek

• Published April 15, 2024 Updated April 19, 2024

Follow our live coverage of Trump’s hush money trial .

The hundreds of New Yorkers who report for jury duty Monday morning in Manhattan will embark on an experience not found in history books: They will be vetted as jurors for the trial of a former U.S. president.

The task won’t be easy. Lawyers for Donald J. Trump and prosecutors with the Manhattan district attorney’s office will narrow the pool to 12 jurors and several alternates. Both sides will try to discern biases that could alter the outcome of the trial, posing dozens of questions that have been discussed and debated for weeks.

The jurors, for their part, will be expected to answer each question honestly in an intimidating environment, just steps away from the former president, who is expected to attend much of the trial .

Here’s what we know about the process:

Who are the prospective jurors?

The jury pool is composed of Manhattanites. Beyond that, little about the group is known, even by prosecutors and defense lawyers. Both sides will use the next several days, or weeks, to find out all they can.

Because New York State does not allow juries to operate in full anonymity , the parties, including the former president, will know the jurors’ names. The lawyers will also have access to their addresses. (Mr. Trump will not.)

The public may never know the jurors’ names. The judge in the case, Juan M. Merchan, granted the prosecutors’ request to withhold them.

What will they be asked?

After reading a summary of the allegations, Justice Merchan will ask the prospective jurors whether they believe they can be fair and impartial. They will also be asked if they have any scheduling conflicts that would prevent them from attending every day of the trial, which could last more than six weeks. Those who raise concerns will most likely be removed from the pool.

The jurors who remain will all be asked the same set of questions. One by one, they will talk — briefly and vaguely — about what they do for a living, their education and their families. They will be asked where they get their news, what radio and podcasts they listen to and whether they’ve read books written by Mr. Trump or his former fixer Michael D. Cohen, who is expected to be a central witness.

Other questions will be more pointed. Jurors will be asked if they’ve ever volunteered or attended a campaign event for Mr. Trump or one of his opponents. They will also be asked to divulge feelings or opinions they have about how Mr. Trump is being treated in this case.

But the jurors will not be asked how they voted in past elections, whom they plan to vote for, whether they have made political contributions or their party registration.

How do potential jurors get removed?

Mr. Trump’s legal team and prosecutors for the district attorney, Alvin L. Bragg, can challenge the inclusion of prospective jurors by providing specific reasons they believe a juror cannot be fair and impartial. The judge has the final say.

Both sides will also receive a certain number of chances to remove jurors without explanation. After all of the challenged jurors are removed from the jury pool, Justice Merchan will seat the jury with those who remain.

How will Mr. Trump be involved?

If Mr. Trump’s behavior at previous trials is any guide, he is likely to be very involved in jury selection. In a previous defamation case, Mr. Trump was fixated on the jurors from the moment they walked into the courtroom. He pivoted in his chair to study them as they answered biographical questions. He frequently talked to his attorneys.

But Mr. Trump’s comments about the jurors in this case should start and stop in the courtroom. In addition to being ordered not to reveal their names, Mr. Trump is also subject to a gag order issued by Justice Merchan preventing him from making public statements about them.

Who Are Key Players in the Trump Manhattan Criminal Trial?

The first criminal trial of former President Donald J. Trump is underway. Take a closer look at central figures related to the case.

Kate Christobek is a reporter covering the civil and criminal cases against former president Donald J. Trump for The Times. More about Kate Christobek

Our Coverage of the Trump Hush-Money Trial

News and Analysis

Donald Trump’s criminal trial in Manhattan took a startling turn when two jurors were abruptly excused , demonstrating the challenge of picking citizens to determine the fate of a former president.

Prosecutors argued in court that with a steady stream of social media posts, Trump had violated the gag order  imposed on him seven times, urging the judge overseeing the trial to hold him in contempt.

Our reporter joined “The Daily” to explain what happened during the opening days  of the trial against Donald Trump.

More on Trump’s Legal Troubles

Key Inquiries: Trump faces several investigations  at both the state and the federal levels, into matters related to his business and political careers.

Case Tracker:  Keep track of the developments in the criminal cases  involving the former president.

What if Trump Is Convicted?: Will any of the proceedings hinder Trump’s presidential campaign? Here is what we know, and what we don’t know .

Trump on Trial Newsletter: Sign up here  to get the latest news and analysis  on the cases in New York, Florida, Georgia and Washington, D.C.

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Credit Hours Under a Flexible Work Schedule

Fact sheet: credit hours under a flexible work schedule.

Credit hours are hours that an employee elects to work, with supervisory approval, in excess of the employees basic work requirement under a flexible work schedule. (Information on flexible work schedules is available in OPMs Handbook on Alternative Work Schedules .) The basic work requirement for full-time employees is 80 non-overtime hours in a 2-week pay period. Agency policies or union agreements may place restrictions on earning or using credit hours.

Employees are not paid basic pay or overtime pay for credit hours when they earn them. An employee may use credit hours during a subsequent day, week, or pay period, with supervisory approval, to allow the employee to be absent from an equal number of hours of the employees basic work requirement with no loss of basic pay. (See the definitions of basic work requirement and credit hours in 5 U.S.C. 6121(3) and (4), respectively.)

Full-time or part-time employees under flexible work schedules may earn credit hours if agency policies for flexible work schedules or union agreements permit. Agencies may permit GS employees, wage employees, senior level or scientific professional employees (SL/ST) and DOD nonappropriated fund employees under flexible work schedules to earn credit hours. Members of the Senior Executive Service (SES) may not earn credit hours. See 5 U.S.C. 6121(2) and 5 CFR 610.408.

Agency policies or union agreements may permit part-time employees to earn credit hours if they elect to work in excess of their basic work requirement. Part-time employees under flexible work schedules may have a basic work requirement of between 32 and 64 hours during a biweekly pay period. See 5 U.S.C. 3401(2). Overtime pay standards do not have to be met before part-time employees may earn credit hours. Part-time employees may accumulate a maximum of one-fourth of the hours in their biweekly basic work requirement as credit hours for carryover to the next biweekly pay period. See 5 U.S.C. 6126(a).

Yes. An employees election to work a flexible work schedule and earn credit hours is subject to limitations prescribed by an agency to ensure that the duties and responsibilities of a position are fulfilled. Subject to any applicable negotiated agreement, the head of an agency may determine that any organization within the agency is being substantially disrupted in carrying out its functions or is incurring additional costs because of use of flexible work schedules. If such a finding is made, the agency head may restrict the use of credit hours, limit flexible time bands, or exclude any employee or group of employees from using flexible work schedules.

Even without such a finding, an agency may establish limitations on how credit hours are earned and the number of credit hours that may be earned. (See 5 U.S.C. 6122(b).)

The definition of credit hours in law (5 U.S.C. 6121(4)) provides that credit hours may be earned only within an employees flexible work schedule. This means that an employee may earn credit hours only by working within the flexible time bands established by the agency or union agreement. Hours that will count toward the basic work requirement may not be considered credit hours. For example, if an employee would otherwise complete 9 hours of his or her 80-hour basic work requirement on a workday, the ninth hour is not a credit hour. If the agencys flexible time bands are broad enough, the agency may permit the employee in this situation to work a 10th hour voluntarily and earn 1 credit hour.

Yes, agency policies or an applicable union agreement may permit employees to earn credit hours on Saturdays or Sundays. An agency that wishes to permit employees to earn credit hours on Saturday or Sunday must establish flexible time bands on Saturdays or Sundays.

No. Credit hours are worked voluntarily by employees in excess of their regularly scheduled 80-hour biweekly basic work requirement, which may include flexible hours. (See 5 CFR 610.111(d).)

For a full-time employee, only 24 credit hours may be carried over to the next pay period. For a part-time employee, not more than one-fourth of the hours in the employee's biweekly basic work requirement may be carried over to the next pay period. An agency policy or union agreement may place stricter limitations on how many credit hours may be accumulated or carried over.

Only 1 credit hour is earned for each hour of voluntary work in excess of the basic work requirement. (See 5 U.S.C. 6126(a).)

No. There is no authority in law or regulation to advance credit hours. Time cannot be charged against credit hours until credit hours have been earned. For this reason, some agencies do not permit employees to use credit hours until the pay period following the one in which they are earned.

Even if an agency has such a policy, the agency may still permit supervisors to approve changes in the time when employees will work flexible hours (part of the basic work requirement) after the beginning of a week or a pay period. For example, an employee may be permitted or required to shift some flexible hours from the first week of a pay period to the second week of the pay period. As long as the employee completes his or her 80-hour basic work requirement during the pay period, this can be done without any charge to leave. (See OPM Handbook on Alternative Work Schedules, Flexible Work Schedules, Overtime Work Determinations, paragraph 2).

A full-time employee receives pay for a maximum of 24 unused credit hours at his or her current rate of basic pay when Federal employment ends, when the employee transfers to another agency (as defined in 5 U.S.C. 6121(1)), or when the employee otherwise is no longer subject to an agency's flexible work schedule program. A part-time employee who is no longer subject to an agency's flexible work schedule program receives basic pay for accumulated credit hours that are not in excess of one-fourth of the hours in the employee's biweekly basic work requirement. Agencies should have policies for determining whether employees continue to be subject to an agency's flexible work schedule program after other personnel actions or work schedule changes occur. (See 5 U.S.C. 6126.)

The premium pay limitations in 5 U.S.C. 5547 do not apply to payment for credit hours even though they apply to payments for unused compensatory time off.

Typically, credit hours may not be earned for travel since travel is always ordered by an agency. Travel hours are not hours that an employee elects to work with supervisory approval. Subject to agency policies or the provisions of negotiated agreements, agencies should consider placing employees on standard work schedules during extended periods of travel. (See OPM Handbook on Alternative Work Schedules , Flexible Work Schedules, Travel, paragraph 5.)Under certain conditions, an agency may permit an employee to earn credit hours by performing productive and essential work while in a travel status. For example, while traveling, employees may use a laptop computer to write speeches and draft or edit reports and other correspondence. Since travel itself does not generally constitute hours of work, the work that is done must be approved and verified by a supervisor. All of the following conditions must be met to allow an employee to earn credit hours while in a travel status are:

• The employee must be under a flexible work schedule;
• The employee must perform work within designated hours when credit hours may be earned under the agencys flexible work schedule policy (see 5 U.S.C. 6122(a)(2));
• The employee must elect to perform the work voluntarily;
• The hours of work must be in excess of the basic work requirement for the employee;
• Travel must be scheduled during the regularly scheduled working hours for the employee to the maximum extent practicable (see 5 U.S.C. 6101(b)(2) and 5 CFR 610.123); and
• The agency must ensure that a policy permitting employees to earn credit hours for working during travel time is consistent with applicable legal and regulatory requirements, as well as with agency policies.

If work is required during travel time outside of the employees basic work requirement, overtime pay must be paid for work that is ordered in excess of 8 hours in a day or 40 hours in a week. (See 5 U.S.C. 6121(6).)

No, credit hours cannot be earned if training or homework is required by an agency. If training is required, it does not constitute hours that an employee elects to work with supervisory approval. (See the definition of credit hours in 5 U.S.C. 6121(4).)

Agencies may place employees on a standard work schedule (8 hours a day, 5 days a week, Monday through Friday) during a period of training or on a work schedule that corresponds to the hours of training. Employees must be notified of changes in their basic work schedule in advance of the agencys administrative workweek.

No overtime pay or compensatory time off may be paid when employees earn credit hours or when credit hours are liquidated because Federal employment ends. (See 5 U.S.C. 6123(b) and 6126.)

No night pay may be paid when credit hours are earned. That is because when employees earn credit hours, they are not performing regularly scheduled work. By contrast, night pay is authorized for work performed at night during an employees regularly scheduled tour of duty. See 5 U.S.C. 5545(a).

No night pay may be paid for credit hours that are used at night to be absent from the employees basic tour of duty. This is because under 5 U.S.C. 5545(a) and OPM regulations, employees must generally perform work at night to earn night pay. There is no provision of law or OPM regulations that permits night pay to be paid when credit hours are used to be absent from regularly scheduled nightwork.

For requirements on entitlement to night differential when credit hours are earned by wage (prevailing rate) employees and employees employed under title 38, United States Code, see 5 U.S.C. 6123(c)(2).

No. Credit hours may be earned only when employees work voluntarily, with supervisory approval, in excess of their regularly scheduled basic work requirement. Sunday premium pay is paid only when full-time employees are required to work during a Sunday tour of duty that is part of their regularly scheduled basic work requirement. Sunday premium pay is limited to 8 hours for each regularly scheduled basic tour of duty that begins or ends on Sunday. Thus, Sunday premium pay may not be paid when employees earn credit hours.

Also, employees may not receive Sunday premium pay if they are permitted to use credit hours in order to be absent from their regularly scheduled basic work requirement on a Sunday. Employees may not receive Sunday premium pay for any period of time when they do not actually perform work on Sunday. (See Section 624 of the Treasury and General Government Appropriations Act, 1999, which is a permanent restriction.)

When a GS employee performs work during any part of a day for which hazardous duty pay is authorized, the employee is entitled to hazardous duty pay for all hours in a pay status on that day. (See 5 CFR 550.905). This means that if an employee is entitled to hazardous duty pay during any part of a day when credit hours are earned or used, the employee must be paid hazardous duty pay for the credit hours as well. Subject to the provisions of any applicable negotiated agreement, an agency may establish a policy that employees cannot earn and/or use credit hours on any day when the employee is entitled to hazardous duty pay.

No. Excused absence means that employees are excused from their basic work requirement on that day. As explained in the answer to the first question above, credit hours are hours worked voluntarily by employees in excess of the their basic work requirement, with supervisory approval.

If employees work during the hours of their basic work requirement despite having been excused from work, they are not entitled to any additional compensation or to credit hours. However, if permitted by agency policies or negotiated agreements, supervisors may approve requests from employees under flexible work schedules to earn credit hours for work in excess of their basic work requirement on a day when excused absence is granted.

Employees may not earn any additional compensation or credit hours for working voluntarily during holiday hours. If permitted by agency policies or negotiated agreements, supervisors may approve requests from employees under flexible work schedules to earn credit hours for work in excess of their basic work requirement on a holiday.

Full-time employees under flexible work schedules are excused only from 8 hours of their basic work requirement because of a holiday. (See 5 U.S.C. 6124.) Therefore, an agency may find it desirable to schedule only 8 hours of an employees basic work requirement on a holiday. Flexible work schedules may be changed to accommodate this policy. If an employee is scheduled to complete 9 or 10 hours of his or her basic work requirement on a holiday, the agency may permit the employee to use previously accrued credit hours or annual leave in order to be absent with pay during the 9 th and 10 th hours.

If employees under flexible work schedules are required by an agency to work during holiday hours (their basic work requirement if not for the holiday), they are entitled to holiday premium pay for a maximum of 8 hours.

• 5 U.S.C. 6120-6133
• 5 CFR part 610, subpart D
• Comptroller General opinions: 60 Comp.Gen. 6 (1980); B-199206, October 7, 1980; B-201031, August 3, 1981
• OPM Handbook on Alternative Work Schedules