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ARTICLE 29: PREMIUM PAY

1.  FLSA OVERTIME:  Employees covered by the provisions of the Fair Labor Standards Act (FLSA) who, with the approval (scheduled) or knowledge (suffered or permitted) of their supervisors, perform work for more than 8 hours in a day or 40 hours in an week (or in excess of their regular daily or weekly tour of duty if they are on a compressed schedule) shall be compensated for that overtime.  The request for overtime will be documented on form JF-56 and signed by the authorizing official (either approving or disapproving.)  They will be granted overtime pay, or compensatory time off in lieu of overtime payment for irregular or occasional overtime work if the employee so requests in writing.  Employees on flexible work schedules may be granted compensatory time off in lieu of overtime payment for any overtime work, whether or not it was irregular or occasional in nature.  If compensatory time off is not requested or taken within 8 pay periods, the employee must be paid for the overtime worked at the rate in effect when the overtime hours were worked.

2. TITLE 5 OVERTIME (regularly scheduled): Employees covered by Title 5 who perform officially ordered or approved, regularly scheduled overtime work in excess of 8 hours in a day or 40 hours in an administrative week (or in excess of their regular daily or weekly tour of duty if they are on a compressed schedule) shall be compensated in the form of overtime pay.  Regularly scheduled overtime is that scheduled before the beginning of the administrative workweek. An employee may receive compensatory time off in lieu of overtime pay, if the employee makes the request in writing.

a.  For an employee whose basic pay is at a rate which does not exceed the minimum rate of basic pay for GS-10 (including any applicable locality-based comparability payment under 5 U.S.C. 5304 or similar provision of law and any applicable special rate of pay under 5 U.S.C. 5305 or similar provision of law), the overtime hourly rate of pay is an amount equal to one and one-half times the hourly rate of basic pay of the employee.

b.  For an employee whose basic pay is at a rate which exceeds the minimum rate of basic pay for GS-10 (including any applicable locality-based comparability payment under 5 U.S.C. 5304 or similar provision of law and any applicable special rate of pay under 5 U.S.C. 5305 or similar provision of law), the overtime hourly rate of pay is an amount equal to one and one-half times the hourly rate of the minimum rate of basic pay for GS-10 (including any applicable locality-based comparability payment under 5 U.S.C. 5304 or similar provision of law and any applicable special rate of pay under 5 U.S.C. 5305 or similar provision of law).

3. TITLE 5 OVERTIME (irregularly scheduled): Employees covered by Title 5 who perform officially ordered or approved irregular or occasional overtime work in excess of 8 hours in a day or 40 in an administrative week (or in excess of their regular daily or weekly tour of duty if they are on a compressed schedule) and whose annual earnings are less than the maximum rate for GS-10 may elect to receive overtime pay or compensatory time off (compensatory time must be requested in writing) for the overtime worked.  Irregular or occasional overtime is that scheduled after the beginning of the administrative workweek.  Employees earning more than a GS-10 Step 10 may be required to receive compensatory time off for irregular overtime hours worked.  Form JF-56 will be used for authorization and compensation for irregular or occasional overtime.  No coercion shall be used to force an employee to request compensatory time off rather than overtime pay.  If an employee is not allowed to take earned compensatory time off due to the needs of the service, and he/she can document such denial, at the end of 8 pay periods the compensatory time must be converted to overtime pay, subject to the GS-10 Step 1 overtime pay cap.

4.  HOLIDAY PAY:  Subject to the maximum rate limitations of Title 5, USC, or other legal or regulatory limitations, employees who perform non-overtime work during regular duty hours on a statutory Federal holiday are entitled to pay at their regular hourly rate of pay plus premium pay at a rate equal to their their rate of basic pay for that holiday work that is not in excess of the employee’s regular work schedule for that day.  For any overtime hours worked outside the regular tour of duty, an employee is entitled to overtime pay or compensatory time off, as outlined in above paragraphs.  

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