Changes in travel comp time regulations unlikely

Experts say there are few obstacles to issuance of final rules on providing compensatory time off for federal employees' business travel.

With the comment period on interim regulations regarding compensatory time off for travel set to end next week, personnel officials and outside experts say there are no major obstacles to issuing the final regulations.

"I don't see anything in these regulations that is untoward," said John Palguta, vice president for policy and research at the Partnership for Public Service. "I think this will also help in the retention of some much needed employees. There is an upside, this isn't just a giveaway."

The comment period is set to expire March 28.

The 2004 Federal Workforce Flexibility Act, passed in November, allows agencies to compensate employees with time off for business travel they conduct outside of normal working hours.

During an informational briefing in February, OPM officials said that "bona fide" meal periods during business travel could not be counted toward compensatory time off.

"If an employee decides while waiting at the airport that he wants to visit one of those restaurants ... that would not be creditable," said one OPM official, who asked to remain anonymous. Several personnel officials predicted that the meal period directive would be hard to translate into actual working regulations and difficult to enforce.

On Wednesday, however, several officials and policy experts said the regulations were sufficiently clear.

"It simply means that any period during travel for which an employee would ordinarily be entitled to a lunch or a dinner, that time must be deducted from the amount of comp time credited," said OPM spokesman Mike Orenstein. "The rationale is that approved lunch periods or meal periods are not compensated to begin with, and thus they are not eligible for comp time."

Palguta said he did not expect the regulation would cause too much confusion. The key, he warned, was for agencies to avoid over-regulating the issue.

"You have to apply the rule of reasonableness here … I would hope that they will resist the temptation to be overly specific in the internal regulations," Palguta said of agency personnel officers. "Most employees will be quite reasonable about it. Most federal employees, in my experience, are going to be very conscientious and very diligent and they will not try to rip off the federal government."

According to Palguta, the majority of complaints will most likely deal with depleted resources as a result of the newly available time off. The new benefit, however, is deserved and justified, he said.

"I spent a few decades in government as a federal employee. I can't remember the amount of time I spent traveling on weekends," Palguta said. "It seems like a very reasonable accommodation to me. From the employees' viewpoint, they should be pleased."