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Beginning Jan. 28, new rules will take effect that will award compensatory time off to federal workers who have to travel as part of their job.

The Office of Personnel Management published interim rules on compensatory travel time in the Federal Register this week. Comments must be submitted before March 29.

The new regulations are in response to provisions in the 2004 Federal Workforce Flexibility Act. That legislation languished for two years before it was signed into law in late October 2004. Sen. George Voinovich, R-Ohio, who originally introduced the legislation, said the new authorities will provide innovative tools to improve hiring, retention and management in the federal government.

Union leaders and a bipartisan array of lawmakers backed the legislation. Colleen Kelley, president of the National Treasury Employees Union, was especially supportive of the compensatory time off for work-related travel. She testified before Congress several times in defense of that language.

"The new rules will now allow federal employees to be credited with time off for uncompensated periods of official travel that occur during nonwork hours," said OPM Director Kay Coles James. "This is a benefit for federal employees [that is] not often available in the private sector, and these regulations implement legislation passed by Congress late last year. I appreciate the valuable input provided by employees and stakeholders throughout the development of the rules, especially from NTEU President Colleen Kelley."

The Federal Register provides precise definitions of what may be claimed as time off for travel. Employees must have travel "approved by an authorized agency official, or otherwise authorized under established agency procedures." The compensatory leave will be credited in direct proportion to the amount of time spent traveling for work. Agencies are responsible for managing their compensatory leave policies. Senior personnel officials will have the choice of authorizing compensatory leave in six or 15 minute increments.

The new rules state that employees are not eligible for compensatory leave if they are already being compensated for their travel time.

The OPM regulations parse time with strict detail. Usual waiting time, such as layovers between flights, may be counted under travel status. Meals and several other leisure activities, however, must be excluded from the computation of compensatory time off.

"If an employee experiences an extended [i.e. not usual] waiting time between actual periods of travel during which the employee is free to rest, sleep, or otherwise use the time for his or her own purposes, the extended waiting time is not creditable as time in a travel status," the interim rules state.

If employees travel to a temporary duty station directly from their home, they must deduct time that would usually be spent commuting to their official duty station.

The time off must be used within 26 pay periods after it is awarded.

COMMENTS

• Yes, this IS about time. It is nice to see common sense prevail on this issue. Some folks I know had been pushing the limits of the definition of 'credit hours' to gain recognition for their hours spent traveling. Now they can earn 'travel comp' with a clear conscience. I, too, am also hearing about supervisors in my agency who are not going to 'approve' travel comp for their traveling employees. Uh, it's a regulation now -- under what authority do you propose to 'disapprove' someone's travel time? On the flip side, this will create a lot of additional leave for folks who are likely already at the Use/Lose limit anyway. Since you have to use it in 26 pay periods, this will create an additional burden on getting the work done. Overall, I'm very happy to see us finally get this issue out in the open and with some resolution that treats employees fairly. GovExec.com reader Posted February 4, 2005 9:48 AM
• I say it's about time. So many hours of my life have been spent traveling for official business on Saturdays, Sundays or evenings. I've often wondered how we can be exempt from the fair labor standards act when we're NOT salaried workers? I also wish we could get this retroactive, I'd be off for the next 6 months on comp time! Thanks for finaly doing what's right for those of us who don't earn overtime when we're traveling. And for the person who wondered what "already being compensated" meant, it means if you're getting overtime pay (most folks below a GS11) not if your receiving the per diem. Hopefully managers won't beat this to death and cause travelers any grief in getting compensated for THEIR time. Have a great day! GovExec.com reader Posted February 1, 2005 9:19 AM
• "Senior personnel officials will have the choice of authorizing compensatory leave in six or 15 minute increments." Why is it so difficult to make a precise statement that all agencies can follow? "The new rules state that employees are not eligible for compensatory leave if they are already being compensated for their travel time." How much more vague can you be. Activites will be thinking, well they do get per diem and their travel is paid for, so we don't have to compensate them for their time. "The OPM regulations parse time with strict detail. Usual waiting time, such as layovers between flights, may be counted under travel status. Meals and several other leisure activities, however, must be excluded from the computation of compensatory time off." Is it a requirement somewhere that when you write anything that might favor your employees that it must be written as vague as possible? So if I am in a 45 minute layover and I sit a table and have a BLT my time doesnt count? If I play a Pin Ball Machine to kill time it doesn't count? If I read a book It doesn't count? Just write it clearly so we can all no matter how high in managment or how dense we are or pretend to be when interpreting, we all come up with the same interpretation. I understand that if I am traveling through a vacation spot and take time to enjoy the day, that I will not be compensated, if I stop in Las Vegas for a night I won't be compensated. That's all clear, but the above quotes are not. "If an employee experiences an extended [i.e. not usual] waiting time between actual periods of travel during which the employee is free to rest, sleep, or otherwise use the time for his or her own purposes, the extended waiting time is not creditable as time in a travel status," the interim rules state. If I am waiting for an extended time? and I sleep in the chair at the gate or am setting in the airplane on the runway sleeping, the time doesn't count? Why not state that "travel time outside the working day of 0730 to 1600, will be allowed compensatory time, the time creditable will be as booked for the travel (example: travel booking is from 1300 to 1800, time creditable is the 2 hours beyond 1600). Flight delays, weather, etc. that affect the actual travel time are not included." William R Weaver Posted January 31, 2005 10:16 AM