UNITED STATES DEPARTMENT OF AGRICULTURE FOOD SAFETY AND INSPECTION SERVICE WASHINGTON, DC ALTERNATIVE WORK SCHEDULES PART ONE--BASIC PROVISIONS

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1 UNITED STATES DEPARTMENT OF AGRICULTURE FOOD SAFETY AND INSPECTION SERVICE WASHINGTON, DC FSIS DIRECTIVE Revision 1 Amendment 2 8/18/94 I. PURPOSE ALTERNATIVE WORK SCHEDULES PART ONE--BASIC PROVISIONS This directive describes the provisions of Public Law , the Federal Employees Flexible and Compressed Work Schedules Act of 1985, dated December 23, This directive also provides guidelines to supervisors and employees participating in flexible and compressed work schedules. II. CANCELLATION This directive cancels FSQS Directives , dated , and , dated III. REASON FOR REISSUANCE This directive combines the provisions previously found in two directives (Flextime and Compressed Work Schedules) and reflects the provisions of PL which permanently authorized the use of alternative work schedules Federal agencies. Introduction of alternative work schedules should benefit both the Agency and the employee in terms. of increased productivity, increased service, reduced costs and an improved quality of life for each employee. IV. REFERENCES FSIS Directive , Time and Attendance Reporting FSIS Directive , Premium Pay Under Title 5, United States Code FSIS Directive , Provisions of the Fair Labor Standards Act (FLSA) FSIS Directive , Leave FSIS Directive , Use of Compensatory Time and Paid Overtime Handbook - Alternative Work Schedules in FSIS V. FORMS AND ABBREVIATIONS The following will be used in their shortened form in this directive: FLSA IPPS Fair Labor Standards Act Inplant Performance System DISTRIBUTION: All Offices (Except IIC s and Below) OPI: PD- Classification and Organization Branch

2 IO NJC PD SDO T&A Inspection Operations National Joint Council of Food Inspection Locals Personnel Division Scheduled Day Off Time and Attendance (Report) FSIS Form FSIS Form FSIS Form Application for Change in Tour of Duty Official Establishment Application for Compressed Work Schedule Request for Alternative Work Schedule (s) VI. DEFINITIONS A. Administrative Workweek. The period of 7 consecutive calendar days from 12:00 midnight Saturday to 12:00 midnight of the following Saturday. B. Basic Work Requirement. The number of hours, excluding overtime hours that an employee is required to work or is required to account for with appropriate leave usage. A full-time employee has an 8-hour basic daily work requirement and a 40- hour weekly work requirement. For a part-time employee, the basic daily and weekly work requirement is the number of hours the employee must work each day and each week. C. Alternative Work Schedule. A compressed or a flexible schedule. D. Compressed Schedule. A schedule which enables a full-time employee to complete the basic work requirement of 80 hours per pay period in less than 10 days. A part-time employee may be assigned to a compressed schedule. The following types of compressed schedules are authorized in FSIS: 1. 4/10 Schedule. Employee works 4 days of 10 hours each in both weeks of the pay period. Only in-plant personnel and clerical or similar support personnel may be assigned to this schedule. EXCEPTION: Other employees may be assigned to the 4/10 schedule ONLY with the Administrator's approval /9 Schedule. Employee works 8 days of 9 hours and 1 day of 8 hours for a total of 80 hours in the pay period. E. Credit Hours. Any hours of work in excess of the basic daily work requirement (i.e., 8 hours a day for full-time employees) that an employee chooses to work on a given day in order to shorten the length of another day in the workweek. F. Flexible Schedule (Flextime). 1. Fixed times of arrival and departure are replaced by a working day composed of two different types of time: Page 2

3 FSIS DIRECTIVE REVISION 1 AMEND.2 PART ONE a. Core Time (Core Hours). The hours between 9:00 a.m. and 3:30 p.m. during which all employees, except circuit supervisors and in-plant personnel, are required to be at work (or in a leave status), except during the designated lunch period. EXCEPTION: Circuit supervisors and in-plant personnel are excluded from the 9:00 to 3:30 core hour requirement. Regional directors and area supervisors may also exempt other field personnel under their jurisdiction from the core hour requirement from work-related reasons. NOTE: Adequate office coverage should be provided during core hours. b. Flexible Time. The time designated as part of the scheduled work hours within which the employee may choose the time of arrival and departure. (See Part Two, paragraph II. for exact hours.) 2. The following types of flextime are authorized within FSIS: a. Flexi tour. Arrival time is preselected in writing and becomes fixed until the next selection. period (quarterly). b. Modified Flexi tour. Arrival time is preselected in writing. The employee is permitted flexibility on either side of the selected arrival time (15 or 30 minutes as designated in advance by the work unit supervisor). The departure time is then adjusted to ensure completion of the full workday. c. Gliding Schedule. The employee may select a different arrival time each day without prior approval provided the employee: (1) Completes the basic daily work requirement of 8 hours per day for full-time employees. For part-time employees, the basic work requirement is the number of hours the employee is scheduled to work each day; (2) Is present during the core time each day (except circuit supervisors and in-plant personnel); and than 6 p.m. (3) Arrives no earlier than 6 a.m. and departs no later d. Flexible Midday Band. The employee may take a longer midday break than the assigned lunch period without charge to leave provided the time is made up either at the beginning or the end of the same workday. Employees on this schedule are excluded from the core time requirement. e. Variable Day Schedule. An employee assigned to a variable day schedule may vary the number of hours worked each day provided he/she: circuit supervisors): (1) Is present during the core time of each day (except (2) Completes the basic weekly work requirement of 40 hours per week for full-time employees; and Page 3 8/18/94

4 FSIS DIRECTIVE REVISION 1 AMEND.2 PART ONE (3) Arrives no earlier than 6 a.m. and departs no later than 6 p.m. (except circuit supervisors). (See Part Four for detailed information on variable day tours.) G. Lunch Period. 1. Other Employees. The lunch period is determined by the appropriate manager or supervisor. p.m. VII. H. Public Hours. The official working hours of FSIS are 8:00 a.m. to 4:30 GENERAL INFORMATION A. Relationship to Current Pay Laws. Participation in alternative work schedules is made possible by the modification of certain premium pay and scheduling provisions of Title 5, U.S. Code, and the overtime pay provisions of FLSA. The modification is applicable only to employees participating in the work schedules described as the "4/10," the "5-4/9," and the variable day schedule. B. Supplemental Information. 1. Only the Chief, Classification and Organization Branch, PD, may issue supplements to this directive. In addition, NO procedures related to the topics covered in this directive may be issued by an office without prior clearance and approval of the Chief, Classification and Organization Branch. 2. Offices desiring additional information on alternative work schedule programs should contact the Classification and Organization Branch, PD. C. Bargaining Unit Employees. When conflicts between this directive and a collective bargaining agreement occur, the agreement is the governing document. Supervisors should review Article XXIV, Section D, of the National Basic Agreement between FSIS and the NJC for further information. Page 4

5 FSIS DIRECTIVE REVISION 1 AMEND 1 PART TWO PART TWO-ESTABLISHING, SELECTING, OR TERMINATING AN ALTERNATIVE WORK SCHEDULE Section One--All Employees (Except Employees in Official Establishments) I. APPROVAL REQUIREMENTS A. The Administrator. 1. Approves all work unit requests for variable day schedules. 2. Approves requests from staff offices for other flexible and compressed work schedules. 3. Approves assignments of headquarters personnel other than clerical and similar support personnel to 4/10 compressed schedules. B. Deputy Administrators. Approve requests for all other forms of flexible and compressed schedules submitted by work units. C. Regional Directors. Approve requests for flexible and compressed schedules for all subordinate field employees. (See paragraph X. for approval requirements for employees in official establishments.) II. ESTABLISHING AN ALTERNATIVE WORK SCHEDULE A. The supervisor of each work unit submits FSIS Form , to the Classification and Organization Branch, PD, for review. FSIS Form is available from the Classification and Organization Branch. Attachment 2-1 illustrates a sample copy of a completed FSIS Form B. Classification and Organization Branch forwards the request to: 1. The Administrator for approval of: a. Work unit requests for variable day schedules. Approved FSIS Form 's are returned to the Classification and Organization Branch for recordkeeping purposes. schedules. b. Staff office requests for other flexible and compressed work c. Headquarters employee assignments to 4/10 compressed schedules, except assignments of clerical and similar support personnel (see subparagraph 2) Page 5 4/15/91

6 2. Deputy Administrators and Staff Directors for approval of all other forms of flexible and compressed work schedules, including 4/10 assignments of headquarters clerical and similar support personnel. C. The work unit may begin the approved schedule at the start of the pay period following notification of approval by the Classification and Organization Branch. D. Employees in the work unit request approval from the supervisor to begin the new schedule by completing FSIS Form and/or preparing a memorandum. (See subparagraph III. B.) E. Whenever a work unit supervisor wishes to obtain approval for a new compressed and/or flexible schedule, another FSIS Form must be submitted. III. SELECTING A TOUR OF DUTY Once a compressed or flexible schedule is approved for use in a work unit, employees may request approval to use that schedule. Compressed schedules may be combined with flexible schedules, provided approval for the use of both has been obtained for the work unit. A. Hours. 1. Core Time. All full-time employees, except circuit supervisors, inplant personnel, or other field employees approved for core time deviation (see Part One, subparagraph VI. E. 1. a.), must be either on duty or in the appropriate leave status between 9:00 a.m. and 3:30 p.m. 2. Flexible Time. With supervisory approval: a. Headquarters employees, may select from 6:30 a.m. to 9:00 a.m. to start and from 3:30 p.m. to 6:00 p.m. to end the workday (NOTE: Arrival time of 6:30 a.m. is ONLY possible on compressed, variable day, or flexible schedules with a flexible midday band because 3:30 p.m. is the earliest allowable departure time.) b. Field employees, except circuit supervisors and in-plant personnel and other field employees approved for core time deviation, may choose from 6:00 a.m. to 9:00 a.m. (provided building access is possible and 3:30 p.m. to 6:00 p.m. (NOTE: Arrival time of 6:00 a.m. is only possible on a compressed schedule or a variable day schedule because 3:30 p.m. is the earliest allowable departure time. Page 6

7 FSIS DIRECTIVE REVISION 1 AMEND 2 PART TWO B. Selection Process. 1. The employee chooses a tour of duty, prepares FSIS Form , and gives it to the supervisor for approval. EXCEPTION: Headquarters employees other than clerical and similar support personnel request approval of 4/10 assignments by memorandum to supervisor. 2. The supervisor reviews and either approves or disapproves the employee's request. For exceptions in subparagraph 1., the supervisor forwards the memorandum to Classification and Organization Branch for approval. 3. If the schedule is approved, the employee begins the tour at the start of the next pay period or the pay period designated. NOTE: Those employees approved by the Administrator to adopt 4/10 work schedules must obtain annual approval (at the beginning of each fiscal year) to remain on the assignment. IV. CHANGING AN EMPLOYEE'S ESTABLISHED TOUR OF DUTY A. Assignments to Alternative Work Schedules. 1. Obtain advance approval to begin a new tour of duty before the beginning of a pay period. 2. Changes cannot be made from one alternative schedule to another or to a regular tour of duty once the pay period has begun. 3. Changes in tours of duty should be allowed ONLY on a quarterly basis unless employee's tour substantially disrupts work operations or causes severe employee hardship. When an employee's tour is terminated or suspended for workrelated reasons rather than at the employee's request, the documentation and approval procedures described in subparagraph VII. B. apply. B. Changes in the Scheduled Day Off or the Scheduled 8-hour Work-day in Compressed Schedules. Once the nonworkday(s) and/or the 8-hour workday are selected, they should remain relatively fixed. Changes should occur infrequently. Any request for change after the pay period has begun may be granted ONLY when there is a work-related reason AND there is no change to the scheduled basic working hours and days of the administrative workweek already begun. The supervisor must approve the change, and the change must be reflected on the T&A report in the "Established Work Week and Hours" block or the "Remarks" block. Page 7 8/18/94

8 V. RECORDING COMPRESSED SCHEDULES ON T&A REPORT A. Units having approval to implement compressed schedules must follow the T&A coding instructions listed below. (Also, see FSIS Directive ) Enter the applicable code in the "Compressed Schedule" block shown below. (In the future, this block will be designated as AWS" on the TM.) 1. Code 3. To establish 4/ Code 5. To establish 5-4/9. 3. Code 9. To return to regular work schedule. (Enter for the pay period during which the schedule is changed.) B. Enter the above codes on the T&A ONE time only. Code 9 should be used only when the employee changes back to a regular work schedule. A change to a compressed work schedule or from a compressed work schedule can only be made at the beginning of a pay period and for the ENTIRE pay period. VI. DOCUMENTING ARRIVAL AND DEPARTURE Each employee on a Gliding Schedule or Flexible Midday Band must indicate arrival and departure time on a sign in/sign out sheet and verify the accuracy of this information with his or her signature every day. Employees using the Flexible Midday Band must also indicate midday departure and return. A sign in/sign out system can be used for employees on other forms of alternative work schedules including those with a fixed starting and stopping time, if needed to assure accurate time and attendance recordkeeping. Supervisors may maintain the sign in/sign out sheets in whatever manner they choose as long as the integrity the of the Alternative Work Schedule program is assured. Sign in/sign out sheets may be discarded after 90 days. VII. TEMPORARY SUSPENSION A. An alternative work schedule may be temporarily suspended for workrelated reasons and resumed when circumstances permit. (See Part Three, paragraph III. for changes in employee tours that result from employee training or temporary assignment.) B. Regional directors, division directors, and staff directors may approve requests for temporary suspension from work units. Submit requests in written form with justification. Suspension requests must be approved in advance by the appropriate official. EXCEPTION: In cases of urgent need, obtain approval as soon as possible after onset of the emergency. Employees should be given as much advance notice of the suspension as possible to allow employees to adjust personal plans. Page 8

9 VIII. FSIS DIRECTIVE REVISION 1 PART TWO TERMINATING AN ALTERNATIVE WORK SCHEDULE A. If the Administrator or designee determines that an alternative work schedule in any work unit has had an adverse impact on productivity, cost, or service level to the public, the schedule will be modified or terminated. B. Heads of work units may request termination of an alternative work schedule for their work unit if they identify an adverse impact. Direct requests to the Classification and Organization Branch, PD, for forwarding to the Administrator or appropriate deputy administrator. IX. (RESERVED) SECTION TWO--EMPLOYEES IN OFFICAL ESTABLISHMENTS X. APPLICATION BY OFFICIAL ESTABLISHMENT A. MPIO regional directors are delegated authority to approve compressed work schedules for circuit supervisors and in-plant inspection personnel. (NOTE: The 4/10 schedule is the only alternative work schedule that is currently available for bargaining unit and other in-plant personnel. The 5-4/9 and variable day tour are alternative work schedules currently available for circuit supervisors.) B. Official establishments interested in the 4/10 compressed work schedule should submit FSIS Form to the MPIO regional director for the region in which the plant is located. C. The MPIO regional director will: 1. Complete the lower portion of FSIS Form and either approve or disapprove. If the regional director's decision is to: a. Tentatively approve the compressed work schedule, pending a vote by all MPIO employees in the establishment, as prescribed in paragraphs XII. and XIII. b. Disapprove the compressed work schedule, no vote will be taken by the employees. 2. Advise any affected Agricultural Marketing Service office if there is a grading function at the official establishment. 3. Prepare and forward a copy of FSIS to the Classification and Organization Branch, PD, and to the Assistant Deputy Administrator, Regional Operations, MPIO. Page 9 2/25/87

10 XI. CONDITIONS FOR APPROVAL Once an establishment expresses an interest in having a compressed work schedule, the Agency will evaluate several factors to insure that the Agency can provide service when the establishment operates. The factors to be considered include: A. Plant history, in terms of operating schedules and overtime usage. B. Type of operation (slaughter, processing, or combination) and assignment for FSIS employees (regular, patrol, or relief). C. The proposed work schedule (for example, Monday through Thursday). D. Availability of other personnel for relief. XII. VOTE BY COLLECTIVE BARGAINING UNIT A vote on participation in a compressed work schedule will also be taken from nonbargaining unit employees. The vote will be taken separately from the vote by bargaining unit members. The MPIO regional director will be advised of each group's vote. XIII. FINANCIAL LIABILITY A. The establishment will be liable for costs of inspection services provided on the 5th, 6th, or 7th workdays. B. FSIS will assume costs of providing inspection services during the four 10- hour workdays. This includes any increased costs for nonreimbursable overtime, travel, and per diem associated with details and relief provided by inspection personnel not regularly assigned to a compressed work schedule. XV. TERMINATION BY AGENCY FSIS has the authority to terminate a compressed work schedule if it disrupts operations or increases costs. Termination will be considered if: A. The establishment requests to operate on a regular basis on a 5th, 6th, or 7th workday. B. There are significant increased costs incurred by the Agency in providing services during the scheduled four 10-hour workdays. C. Agency operations are disrupted. Page 10

11 FSIS DIRECTIVE REVISION 1 ATTACHMENT 2-1 Page 11 2/25/87 (and 12)

12 FSIS DIRECTIVE REVISION 1 ATTACHMENT 2-2 Page 13 2/25/87 (and 14)

13 FSIS DIRECTIVE REVISION 1 AMEND 2 PART THREE PART THREE--LEAVE, PREMIUM PAY, TRAVEL, AND TRAINING I. ABSENCE AND LEAVE (Refer to Part Four, paragraph V. for leave entitlement for variable day tours.) A. Holiday Leave. 1. The calendar day established as a legal holiday is set by Federal statute or executive order. 2. The day for observance of the legal holiday by a full-time employee will depend on the employee's tour of duty and the status of the day upon which the holiday falls. If the legal holiday falls on a: a. Scheduled Workday. The holiday is observed on that day. An employee who is relieved or prevented from working on the holiday is entitled to pay for the number of hours the employee would have worked if the day had not been a holiday. b. Nonworkday. The holiday is observed on an alternative or "in lieu of" day as follows: (1) On a Sunday. The employee observes the holiday on the next scheduled workday. (2) On Other than a Sunday. The employee observes the holiday on the immediately preceding workday. 3. Examples 1 and 2 show the "in lieu of" day for observing holidays that fall on the nonworkdays for two different work schedules. Page 15 8/18/94

14 EXAMPLE 1. A Monday-Friday 5-4/9 compressed work schedule. The second Monday of each pay EXAMPLE 2. A Monday- Friday 5-4/9 compressed work schedule. The first Monday of each pay period s the SDO day and the second Friday is the 8-hour workday. 4. A part-time employee on a compressed work schedule is entitled to pay only for the number of hours he/she was scheduled to work on that day. A part time employee is not entitled to an in lieu of holiday if a holiday falls on a nonworkday. Page 15 8/18/94

15 5. When an "in lieu of" holiday for full-time employees falls on a day during a part-time employee's tour of duty and the part-time employee works that day, the part-time employee is only entitled to straight-time pay for the time worked. If the part-time employee does not work that day, he/she may be charged annual leave. However, supervisors retain the discretionary authority to grant administrative leave to part-time employees on days designated as "in lieu of" holidays. B. Other Leave. Time off during an employee's basic work requirement must be charged to the appropriate leave category unless the employee is taking compensatory time off or an excused absence. EXAMPLE: A full-time employee on a 5-4/9 schedule who takes one day of sick or annual leave will be charged leave for 9 hours provided the day off was not the scheduled 8-hour day. C. Excused Absences. The amount of excused absence to be granted shall be based on the employee's established work schedule in effect for the period of the excused absence. D. Hazardous Weather Dismissals. 1. Compressed Schedules. Employees on fixed compressed schedules will be dismissed under the specifications of FSIS Directive Flexible Schedules. Employees on flexible schedules with no fixed starting times will be dismissed as follows: a. If the office opens late as a result of hazardous weather conditions, the public hours of FSIS (i.e., 8:00 a.m. to 4:30 p.m.) will be used as a reference point. EXAMPLE: If the office opening is delayed 2 hours, all employees would be expected to report at 10 a.m. and work 6 hours (or 7 hours or 8 hours if on a 5-4/9 or 4/10 compressed schedule with no fixed starting time). b. If employees are dismissed 2 hours early, whatever the reason, each employee will be excused 2 hours before his/her scheduled tour ends. c. If a specific time is given for dismissal by the Department or higher level, all employees will leave at that time, regardless of the number of hours already worked. d. If, due to weather conditions, a Condition No. 2 is announced (i.e., offices open on schedule but a limited amount of administrative leave may be granted), employees are to report at their usual starting time. However, under Condition No. 2, supervisors may excuse tardiness on an individual basis up to 2 hours from the start of the tour if justifiable due to weather conditions. If not justifiable, the employee may request annual leave or leave without pay. (NOTE: Under a Gliding Schedule, no administrative leave is appropriate if the employee reports to work by 9 a.m. If the employee reports after 9 a.m., administrative leave may be in order.) Page 16

16 FSIS DIRECTIVE REVISION 1 AMEND 2 PART THREE II. PREMIUM PAY FOR EMPLOYEES ON ALTERNATIVE WORK SCHEDULES (EXCEPT VARIABLE DAY) A. Overtime Pay. 1. Flexible Schedules. Employees are paid overtime for work ordered by management and in excess of 8 hours in a day or 40 hours in a week. (See FSIS Directive or ) 2. Compressed Schedules. a. 4/10 Schedule. Work performed outside an employee's compressed schedule and in excess of 10 hours in a day or 40 hours in a week is overtime. b. 5-4/9 Schedule. Work performed outside an employee's compressed schedule and in excess of 9 hours in a day (or in excess of 8 hours on the scheduled 8-hour day) or 80 hours in a pay period is overtime work. B. Compensatory Time Off. 1. MPIO employees should consult FSIS Directive for additional information. 2. All other employees should refer to FSIS Directive C. Holiday Pay. A full-time employee who performs nonovertime work on a holiday (or a day designated as the "in-lieu of" holiday) is entitled to basic pay plus premium pay equal to basic pay for that holiday, not to exceed the number of hours normally scheduled for that day. D. Sunday Pay. A full-time employee who performs nonovertime work during a period of regularly scheduled service, a part of which is performed on Sunday, is entitled to Sunday pay for the entire period of service. A part-time employee is not entitled to Sunday pay. E. Night Pay (General Schedule/General Managerial). An employee is entitled to night pay for regularly scheduled nightwork performed between the hours of 6 p.m. and 6 a.m. Page 17 8/18/94

17 Ill. EFFECT OF TRAINING AND OTHER TEMPORARY DUTY ASSIGNMENTS ON COMPRESSED WORK SCHEDULES When an employee is assigned away from the permanent worksite to attend training or perform work at a location where his/her same alternative work schedule exists, the employee may remain on his/her alternative work schedule. When an employee is assigned away from the permanent worksite to a location where his/her alternative work schedule does not exist, the following rules apply: A. Employees On the 4/10 Schedule. If the training or other temporary assignment is scheduled for: 1. Both weeks of the pay period, the employee assumes the schedule of the temporary work site or training class. 2. One entire week of the pay period, the employee assumes an 8- hour schedule for that week and resumes the 4/10 schedule for the other week. No change on the T&A report is necessary except to note the actual hours worked in the "Established Work Week and Hours" block. 3. Less than 1 week and the employee will continue to have consecutive nonworkdays, the employee remains on the 4/10 schedule and returns to the worksite to complete the workday unless this would create an unnecessary hardship. If a hardship is created, the employee may be granted,excused absence for the remainder of the day. If the training or temporary duty will not allow the scheduling of 3 consecutive nonworkdays, the employee should assume the schedule of the temporary worksite or training class for the entire week. NOTE: If the employee completes four 10-hour days and is required to work on the scheduled day off, the hours worked are overtime hours. payment of overtime for training is prohibited except under limited circumstances. (See FSIS Directive ) B. Employees On the 5-4/9 Schedule. If the training or temporary assignment is scheduled for: 1. Four or more workdays, the employee's compressed work schedule is changed to a traditional five 8-hour day work schedule for the complete pay period. (EXCEPTION: The employee may remain on the current compressed work schedule in those situations where the supervisor can ensure that the compressed schedule will be completed.) When the temporary assignment, or any portion of the temporary assignment, includes the employee's scheduled nonworkday, one of the following changes in the work schedule is required: period. a. Change the employee's scheduled nonworkday for the pay Page 18

18 FSIS DIRECTIVE REVISION 1 PART THREE b. Change the employee's schedule back to the traditional five 8-hour day schedule for the complete pay period. NOTE: Payment of overtime for training is prohibited except under limited circumstances. (See. FSIS directive ) 2. Three workdays or less, it is the supervisor's responsibility to ensure that all scheduled hours are worked. The supervisor should instruct the employee to do one of the following alternatives. The supervisor must consider the duration of the assignment and the distance from the employee's regular worksite in selecting the alternative. pay period, or a. Assume the tour of duty of the temporary worksite for the or b. Return to his/her regular worksite to complete the workday, c. Remain on his/her own compressed work schedule. The supervisor may excuse the employee for the difference between the daily work requirement and the number of hours available to work. However, an excused absence for the hours should only be granted if: (1) It is beneficial to the government, and (2) Any other action would create an unnecessary hardship for the employee. Page 19 2/25/87 (and 20)

19 FSIS DIRECTIVE REVISION 1 PART FOUR PART FOUR--SPECIAL PROVISIONS FOR VARIABLE DAY SCHEDULES I. BASIC WORK REQUIREMENTS An employee assigned to be a variable day tour may vary the number of hours worked each day provided the employee: A. Is present during the core hours each day (except circuit supervisors). B. Completes the basic weekly work requirement of 40 hours per week (for full-time employees) over not more than 6 of any 7 consecutive days and preferably over 5 consecutive days. C. Arrives no earlier than 6 a.m. and departs no later than 6 p.m. (except circuit supervisors). II. JUSTIFICATION FOR APPROVAL The variable day schedule provides a greater degree of flexibility than other forms of alternative work schedules. Work planning and the time and attendance recordkeeping may be more difficult in work units on this schedule. Approvals will be granted only to those units whose requests clearly demonstrate how the variable day tour will positively benefit the program. Such benefits include increased efficiency, reduced overtime costs, and accommodating unique work situations or fluctuating workloads. EXAMPLE: A circuit supervisor is required to spend an established amount of time with each IPPS within the circuit each month. Because of the differing amounts of time established for IPPS visit, it is not always possible to efficiently schedule multiple IPPS visits within an 8-hour workday, allowing for travel time and distance. However, by extending the workday by 2 hours, the supervisor may be able to visit an additional IPPS, to perform an odd-hour inspection, respond to an emergency, or complete travel to a temporary duty site for another IPPS visit on the following day. In some cases, extending the workday would enable the circuit supervisor to travel within his/her established tour to duty. NOTE: Improved morale and employee accommodation are not sufficient justification for approval of variable day requests. (See Part Two for information on preparing and processing requests to establish an alternative work schedule.) III. CREDIT HOURS A. Earning Credit Hours. The variable day tour enables employees to earn credit hours. Credit hours are any hours of work in excess of the basic daily work requirement of 8 hours a day for full-time employees that an employee chooses to work on a given day in order to shorten the length of another day in the same workweek. Page 21 8/18/94

20 B. Using Credit Hours. Credit hours must be used or applied to the 40-hour basic weekly work requirement within the same workweek in which they are earned. They may not be carried over from one week to another. C. Relationship to Sick and Annual Leave. Credit hours may be used in lieu of sick or annual leave in order to preserve such leave. D. Relationship to Overtime Hours. Credit hours are nonovertime hours. However, employees on variable day tours may also be entitled to overtime and other forms of premium pay in certain cases. (See paragraph VII.) Supervisors and timekeepers must ensure that the coding on the T&A accurately reflects any overtime entitlements. IV. SCHEDULING REQUIREMENTS A. Purpose of Advance Scheduling. Advance scheduling minimizes potential problems in determining leave and pay entitlements. (See subparagraph VI. B.) B. Submitting a Work Schedule. The employee must submit a schedule to his/her supervisor for approval in advance of each workweek which indicates the number of hours the employee plans to work on each day of that week. C. Changing an Approved Work Schedule. The employee should inform his/her supervisor as soon as possible of the need to revise or modify an approved schedule. Changes in approved schedules should only be made for work-related reasons or employee emergencies. V. RECORDING VARIABLE DAY SCHEDULES ON THE T&A REPORT A. Units approved to implement a variable day tour must enter Code 7 in the "Compressed Schedule" block on the T&A. (Also, see FSIS Directive ) In the future, this block will be designated as 11 AWS" on the T&A. B. Enter this code on the T&A ONE time only. Use Code 9 only when the employee changes back to a regular work schedule. A change to or from a variable day schedule can only be made at the beginning of a pay period and for the entire pay period. C. Record the exact hours worked each day of the pay period (e.g., Monday 7-3:30, Tuesday 7-5:00) in the "Established Workweek and Hours" section of the T&A and in the "Remarks Section" if additional space is needed. Page 22

21 FSIS DIRECTIVE REVISION 1 PART FOUR VI. LEAVE FOR VARIABLE DAY EMPLOYEES A. Holiday Leave. A full-time employee relieved or prevented from working on a day designated as a holiday or an "in-lieu of" holiday is entitled to pay with respect to that day for 8 hours. A part-time employee relieved or prevented from working on a day designated as a holiday is entitled to pay for the number of hours he/she was scheduled to work that day not to exceed 8 hours. A part-time employee is not entitled to an "in-lieu of" holiday if the holiday falls on a nonworkday. B. Other Leave. The maximum amount of sick or annual leave that an employee on a variable day tour may apply to his/her basic work requirement for any given day is the number of hours the employee was scheduled to work that day. EXAMPLE: An employee scheduled to work 9 hours on Tuesday calls in sick. The employee is charged 9 hours of sick leave for that day. NOTE: Proper administration of leave entitlements is dependent to a large extent on employees submitting notice of their work schedules to their supervisors. (See paragraph IV.) C. Excused Absence and Hazardous Weather Dismissals. See Part Three, paragraph I. VII. PREMIUM PAY FOR VARIABLE DAY EMPLOYEES A. Overtime. Employees are paid overtime for work officially ordered in advance by management and in excess of 8 hours a day or 40 hours in a week. In contrast, work performed voluntarily at the employee's option in excess of 8 hours in a day in order to accrue credit hours to shorten the length of a subsequent day in the same workweek is not overtime work. NOTE: When an employee works over 8 hours in a day, those hours could be either credit hours or overtime hours depending on the circumstances. Supervisors and timekeepers must ensure that the coding on the T&A accurately reflects any overtime entitlements. EXAMPLE 1: An employee works the following schedule for the week: M T W TH F =40 The employee, in this example, worked 2 additional credit hours on Monday by choice, not by management decision, in order to shorten the length of the workday on Tuesday. There is no entitlement to overtime on Monday. Page 23 8/18/94

22 EXAMPLE 2: An employee works the following schedule for the week: M T W TH F =42 On Monday, the employee had planned to work 8 hours for the day but was ordered by management to work 2 additional hours. Since this additional time is not the employee's choice, 8 hours of the 10 hours worked are base time and 2 hours are overtime. On Tuesday, the employee worked the extra 2 hours at his/her own choice. There is no entitlement to overtime. Tuesday's 10 hours are base time. B. Compensatory Time Off. See Part Three, subparagraph II. B. C. Night Pay (General Schedule/General Managerial). Nightwork hours are the hours between 6 p.m. and 6 a.m. Daytime hours are the hours between 6 a.m. and 6 p.m. (Attachment 4-1 explains the circumstances under which nightpay is allowed.) D. Holiday Pay. A full-time employee on a variable day tour performs nonovertime work on a holiday (or a day designated as the in-lieu of holiday). The employee is entitled to basic pay plus premium pay equal to the basic pay for that holiday, not to exceed 8 hours. E. Sunday Pay. A full-time employee on a variable day tour performs nonovertime work during a period of regularly scheduled service, a part of which is on a Sunday. The employee is entitled to Sunday pay for the entire period of service not to exceed 8 hours. A part-time employee is not entitled to Sunday pay. VIII. EFFECT OF TRAINING AND OTHER TEMPORARY DUTY ASSIGNMENTS ON VARIABLE DAY TOURS A. Training. An employee assigned to training assumes the traditional five 8-hour day schedule for the training class. No change on the employee's T&A report is needed except to note actual hours worked in the "Established Work Week and Hours" block. Upon returning to the permanent worksite, the employee may resume the variable day tour. Page 24

23 FSIS DIRECTIVE REVISION 1 PART FOUR B. Other Temporary Duty Assignments. When an employee is assigned away from the permanent worksite to a location where the variable day tour: 1. Exists, the employee may remain on the variable day tour. 2. Does not exist, the employee may remain on this tour unless it interferes with work operations. When it interferes, the employee assumes the schedule of the temporary worksite. No change is needed on the employee's T&A report except to note the actual hours worked in the "Established Work Week and Hours" block. Deputy Administrator Administrative Management Page 25 8/18/94 (and 26)

24 NIGHTPAY FOR VARIABLE DAY EMPLOYEES FSIS DIRECTIVE REVISION 1 ATTACHMENT 4-1 I. TOUR OF DUTY INCLUDES 8 OR MORE DAYTIME HOURS The employee is not entitled to nightpay even though he/she voluntarily elects to work during hours for which nightpay is normally required. (NOTE: Circuit Supervisors are the only employees who may voluntarily elect to work beyond 6 p.m. on variable day tours). EXAMPLE: A Circuit Supervisor reports to work at 8 a.m., and voluntarily elects to work until 7 p.m. The employee had at least 8 daytime hours available to work. Therefore, the employee is not entitled to nightpay for the 1 hour of work performed during nightwork hours (i.e., 6 p.m. through 7 p.m.). II. TOUR OF DUTY INCLUDES LESS THAN 8 DAYTIME HOURS The employee is entitled to night pay for the difference between 8 hours and the number of available daytime hours in the tour of duty. EXAMPLE: On Tuesday, an employee reports to work at 1 p.m. (For some work-related reason, the employee is prevented from starting work before that time.) A. The employee (voluntarily) elects to work until 9:30 p.m. (for a total of 8 hours excluding the half-hour meal period). Therefore, the employee is entitled to nightpay for 3 hours which is the difference between 8 hours and the number of daytime hours (i.e., 5 hours) that are available for work. NOTE: If the employee were officially ordered by management to work an additional hour until 10:30 p.m., he/she would be entitled to overtime for that hour and would also be entitled to nightpay for this hour if: 1. The overtime where ordered and approved by management in advance of the workweek; or 2. The employee is a food inspection employee and is, therefore, covered under the provisions of 7 U.S.C (See exception described in paragraph I.) B. If the employee voluntarily elects to work the additional hour until 10:30 p.m. in order to earn a credit hour to shorten the length of another day in the workweek, the employee does not receive nightpay for that hour. The employee is assigned to a tour of duty that includes less than 8 daytime hours and, therefore, is entitled to night pay only for 3 hours which is the difference between 8 hours and the number of available daytime hours in the tour of duty (i.e., 5 hours). Remember, credit hours are nonovertime hours. Page 27 2/25/87

25 III. REQUIRED NONOVERTIME WORK BETWEEN THE HOURS 6 P.M. - 6 A.M. The employee is entitled to nightpay for any nonovertime work performed at night. EXAMPLE: For work-related reasons, an employee on a variable day tour is required to be present between the hours of 4:00 p.m. through 12:30 a.m. (including a half-hour meal period), none of which is overtime work. The employee is entitled to nightpay for 6 hours which represents all work per-formed during night time hours. Page 28