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Time Limits for Using Comp Time - OPM Changes to the Time Limits

By Tiffany Boyd,2014-05-19 12:13
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Time Limits for Using Comp Time - OPM Changes to the Time Limits

Forest Washington 1400 Independence Avenue, SW

    Service Office Washington, DC 20250

File Code: Date: 6150-3-1 September 5, 2007

    Route To:

    Subject: OPM Changes to the Time Limits for Using Earned Compensatory Time Off in

    Lieu of Overtime Pay

    To: Regional Foresters, Station Directors, Area Director, IITF Director and Deputy

    Chiefs

    The Office of Personnel Management (OPM) has issued new regulations concerning the time limits for using earned compensatory time off in lieu of overtime pay which were effective in Pay Period 10, 2007 (May 14). This is basic factual information about the new regulations that we are providing based on numerous questions that have arisen. We will be discussing the negotiable aspects of our implementation of these new regulations at the next Forest Service Partnership Council.

    In an effort to consolidate pay and leave policy, OPM has established a standardized time limit for the use of compensatory time off in lieu of overtime pay. The new time limit applies to both exempt (not covered) and non-exempt (covered) employees under the Fair Labor Standards Act (FLSA). The main points under the new regulations are as follows:

    Compensatory Time Earned In Pay Period 10, 2007 or Later

    1. Compensatory time earned in Pay Period 10, 2007, or later will expire 26 pay periods

    after the pay period in which it was earned. For example, if the compensatory time is

    earned in Pay Period 10, 2007, the leave will expire at the end of Pay Period 10, 2008.

    2. Any compensatory time earned that has expired will be paid, not forfeited, regardless of

    whether the employees are non-exempt (covered) or exempt (not covered) under the Fair

    Labor Standards Act.

    3. Any lump sum payment made to liquidate an employee’s unused compensatory time off

    will be paid at the overtime rate at which it was earned. This includes, but is not limited

    to, situations where the employee separates or transfers before the compensatory time off

    is used, goes on extended leave without pay to perform active military duty, or is placed

    on workers’ compensation due to an on-the-job injury.

    Compensatory Time Earned Prior to Pay Period 10, 2007

    1. Any employee with compensatory time earned prior to Pay Period 10, 2007 will have 3

    years to use that compensatory time.

    2. The employee must be paid for any compensatory time remaining at the end of the 3

    years.

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Regional Foresters, Station Directors, Area Director, IITF Director and Deputy Chiefs 2

    3. Any lump sum payment made to liquidate an employee’s unused compensatory time off

    will be paid at the overtime rate at which it was earned.

    Please be advised that any compensatory time used in Pay Period 10, 2007 or later will be subtracted from the employee’s oldest balance recorded on the NFC database. Due to the

    reduction in the amount of time in which compensatory time must be used, careful monitoring by employees of both old and new balances is extremely critical.

    HCM offices should be aware that any compensatory time that was earned by an employee in Pay Period 1-9, 2007, will be placed in the Prior Yr Balance field in the Information/Research

    Inquiry System (IRIS) Program IR139 as of Pay Period 1, 2008, and will expire 3 years after the

    effective date of the new regulations (May 14, 2007). Compensatory time that is earned by an employee in Pay Period 10-26, 2007, will be placed in the Total Current Bal field and will

    expire 26 pay periods after it is earned.

    In addition, OPM has made one miscellaneous change to the use of compensatory time for employees on active military duty. These employees are currently paid for any unused compensatory time off in lieu of overtime when they go on active military duty. However, they will now be allowed to use any of their previously earned compensatory time off for travel, similar to other types of leave (military, annual or sick leave, as appropriate), while on active military duty.

    If you have questions, please contact Debbie Rigden at (703) 605-0822 or email drigden@fs.fed.us.

/s/ Kathleen D. Burgers

    KATHLEEN D. BURGERS

    Director of Human Capital Management

cc: Kimberly Hickman

    Ron Thatcher

    Roy M Roosevelt

    Florence Pruitt

    Sophia Chapman

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