Pay for the Continuous Workday

Transcription

1 Uted States epartmet of Arculture Food Safety ad Ispecto Servce FSIS rectve Pay for the Cotuous Workday

2 PAY FOR THE CONTINUOUS WORKAY TABLE OF CONTENTS Ttle Pae No. I. PURPOSE II. RESERVE III. RESERVE IV. REFERENCES V. ABBREVIATIONS VI. POLICY VII. EFINITIONS VIII. COVERAGE IX. BACKGROUN X. SCHEULING THE CONTINUOUS WORKAY XI. PRE-OPERATIONAL SANITATION (PRE-OP) AN ANTE MORTEM INSPECTION XII. NIGHT IFFERENTIAL XIII. HOLIAYS XIV. MEAL PERIO XV. & WITH LEAVE XVI. WORK UNIT MEETINGS XVII. ROUNING OVERTIME WORKE XVIII. VARIABLE OVERTIME CHARGES XIX. &/WALK TIME IN HIMP ESTABLISHMENTS XX. COMPLETING THE T&A REPORT XXI. KNIFE SHARPENING XXII. AITIONAL INFORMATION ATTACHMENT 1, Illustrat the Cotuous Workday ATTACHMENT 2, Supplemetal Istructos for Work Performed Uder the Ameded Reulatos at 9 CFR Parts 307.4, ,ad , Schedule of Operatos ATTACHMENT 3, Trasacto Codes

3 UNITE STATES EPARTMENT OF AGRICULTURE FOO SAFETY AN INSPECTION SERVICE WASHINGTON, C FSIS IRECTIVE /28/12 I. PURPOSE PAY FOR THE CONTINUOUS WORKAY It s FSIS s resposblty to farly ad properly compesate specto proram persoel for all specto work performed as part of ther cotuous workday. Ths drectve provdes udace o the compesato for ths work by: A. Provd structos o how to correctly calculate the hours of work ad aotate the tme ad attedace (T&A) report order to accurately record both basc ad overtme (OT) work. B. Illustrat scearos to ad employees ad supervsors determ the proper form ad amout of compesato (see Attachmet 1). C. Provd supplemetal structos that focus o compesat work performed uder 9 CFR 307.4, ad , Schedule of Operatos (see Attachmet 2). II. III. IV. (RESERVE) (RESERVE) REFERENCES 5 CFR 550, Pay Admstrato (Geeral) 5 CFR 551, Pay Admstrato Uder the Far Labor Stadards Act 5 CFR 610, Hours of uty 9 CFR 307.4(c), Facltes for Ispecto 9 CFR (c), Poultry Products Ispecto Reulatos 9 CFR , E Products Ispecto Act Federal Rester, Vol. 76, No. 112, Frday, Jue 10, 2011 FSIS rectve , Premum Pay Uder Ttle 5, U.S. Code FSIS rectve , Provsos of the Far Labor Stadards Act FSIS rectve , o ad off Measuremet V. ABBREVIATIONS The follow are used ther shorteed form ths drectve: CFR CSI & HIMP IPP NROT ISTRIBUTION: Electroc; All Feld Employees Code of Federal Reulatos Cosumer Safety Ispector o ad off HAACP-Based Ispecto Models Project Ispecto Proram Persoel No-Rembursable Overtme OPI: HRP Compesato Polcy Brach

4 OT Pre-OP ROT T&A TC TO WUM Overtme Pre-Operatoal Satato Rembursable Overtme Tme ad Attedace Trasacto Code Tour of uty Work Ut Meets VI. POLICY Ths drectve s to be used cojucto wth FSIS rectve ad the revsed reulatos 9 CFR 307.4(c), (c), ad I addto, ths drectve supplemets the premum pay reulatos 5 CFR Parts 550, 551, ad 610, ad FSIS rectves , ad VII. EFINITIONS A. Basc Tme. The employee s o-overtme daly TO whch the employee s pad at the basc rate plus ay applcable dfferetal. Employees work a compressed work schedule may work 9 or 10 hours as ther daly TO before OT s eared. B. Cotuous Workday. The employee s workday be whe the frst prcpal or related duty s performed ad last throuh the completo of the last prcpal or related duty. C. o ad off (&). The putt o (do) ad tak off (doff) of requred cloth ad ear that caot be performed at home. As a specto actvty, & s reularly scheduled ad may be performed as part of the 8-hour workday or performed dur a OT perod.. 8-Hour Workday. Also referred to as basc tme (see defto above). The leth of the employee s o-overtme TO whch the employee s pad at the basc rate plus ay applcable dfferetal. Employees work a compressed work schedule ca work 9 or 10 hours as ther daly TO before OT s eared. E. Ispecto Work. Icludes prcpal dutes ad other related ad admstratve dutes deemed teral ad dspesble to those prcpal dutes. These dutes clude but are ot lmted to &, complet the tme ad attedace report (T&A), kfe sharpe, ad workstato preparato. F. Irreular Overtme. Work excess of 8 hours a day or 40 hours a week that s ot scheduled advace of the admstratve workweek. (NOTE: Less tha 8 mutes of rreular OT that s ot part of the cotuous workday s rouded dow to the earest quarter hour. I tur, rreular OT of 8 mutes or more s rouded up to the earest quarter hour.) G. Postshft Perod. A OT perod occurr after the approved schedule of operatos has eded. Whe compesable dutes are performed dur ths perod, employees are pad at ther OT rate. H. Preshft Perod. The overtme perod pror to the start of the approved schedule of operatos. Whe compesable dutes are performed dur ths perod, employees are pad at ther OT rate. Pae 2

5 FSIS IRECTIVE I. Prcpal utes. The prmary dutes ad resposbltes for whch the posto has bee establshed. J. Reular Overtme. OT work that s scheduled advace of the start of the admstratve workweek. Specfc days ad clock hours are assed; therefore mak the OT part of a employee s reularly scheduled admstratve workweek. It must be fully pad ad caot be rouded dow. K. Roud Rule. Per 5 CFR (a)(2) ad 5 CFR (b), a quarter of a hour shall be the larest fracto of a hour used for credt rreular or occasoal OT work. Odd mutes of rreular overtme wll be rouded up or rouded dow to the earest quarter hour. Ths rule, the cotext & ad related actvtes, oly apples to rreular overtme performed outsde of the cotuous workday. However, reularly scheduled OT must be fully compesated; therefore odd mutes wll oly be rouded up. L. Schedule of Operatos. The approved clock hours of a day ad the days of the week a establshmet operates that requre Federal specto. M. Tour of uty (TO). The hours of a day ad the days of the week a employee s reularly scheduled to work. Ths cludes basc ad reularly scheduled OT. N. Trasacto Code. The umercal code used o the T&A form to dcate the type of hours worked. See attachmet 3 for the lst of trasacto codes used ths drectve. O. Walk Tme. The measured roudtrp tme requred for the employee to walk from the locato where specto actvtes be (example: locker room) to the furthest workstato ad back. Walk tme also cludes the tme ecessary to walk from the workstato to the luchroom ad back to the workstato. Ths tme may also clude ay terve stops such as to wash equpmet. (NOTE: See FSIS rectve for specfc tme measuremet udace.) VIII. COVERAGE A. All fulltme, permaet part-tme, ad termttet specto proram employees who perform specto work that requres do ad doff of specfc protectve cloth ad ear ether dur basc tme or dur OT ad who must be at a specto stato o the le at the start of a shft are covered by ths drectve. These employees clude, but are ot lmted to, specto plat persoel (IPP) at all rade levels process ad slauhter establshmets ad e process establshmets, mport ad export spectors, CSI s, ad temporary fulltme IPP who must assume dutes that requre &. (NOTE: Permaet parttme ad termttet specto proram employees who & dur preshft or postshft perods or outsde the schedule of operatos aroud the luch perod but do ot work over 8 hours per day or 40 hours per week are ettled to receve basc pay as opposed to OT for &.) B. I-establshmet supervsors who, because of a staff shortae, assume the specto dutes of a -plat le spector process ad slauhter establshmets, where applcable, are also covered. However, ths coverae does ot clude supervsors who provde relef to spectors for breaks. Pae 3 12/28/12

6 IX. BACKGROUN A. As a result of varous court cases, FSIS ameded the meat, poultry, ad e products reulatos 9 CFR perta to the schedule of operatos federally-spected establshmets. As a result, FSIS has defed the 8-hour workday to clude the tme that specto proram persoel eed at the workplace to perform certa & specto ad related actvtes, ad walk tme to ad from the workstatos. See FSIS rectve for some examples of specto actvtes. B. & specto actvtes performed before ad after the luch perod may also be cluded the 8-hour workday. C. Each IPP employee performs & ad walk actvtes o a daly bass as part of ther offcal dutes. May spectors such as those work e products, poultry process, ad some slauhter establshmets, have suffcet tme dur basc tme to perform these actvtes. These employees are pad for & ad related actvtes ad walk as part of ther basc tour of duty (TO) ad receve reular base pay for ths work because: performed. 1. They work establshmets where a full 8 hours of producto are ot 2. They are ot requred to be at a fxed pot o the specto le order for producto to be or cotue.. There are other spectors such as certa o-le lvestock ad poultry slauhter spectors who, because of establshmet producto schedules, must be or ed ther cotuous workday outsde of the establshmet s approved schedule of operatos. I these staces, the establshmet would receve the full 8 hours of specto tme. The spectors would receve reular base pay for 8 hours of specto work performed dur the approved schedule of operatos ad rembursable overtme (ROT) pay whe the exteded cotuous workday cludes the preshft perod, the postshft perod, or the perod surroud the luch perod. X. SCHEULING THE CONTINUOUS WORKAY Idvdual establshmets may schedule ther producto workday oe of two ways: A. Alteratve 1. Iclude all specto actvtes as part of the 8-hour workday. 1. Whe specto-related actvtes are scheduled as part of the 8-hour workday, the employees TO bes whe the IPP performs the frst specto actvty (examples: ather ear or do requred cloth). The last coclud actvty (ormally doff) s performed as the fal work requremet wth the TO. & before ad after luch as well as the walk tme from the workstato to the luch room ad back to the workstato are part of the 8-hour workday. Ths schedul wll result the establshmet recev less tha 8 full hours of o-le examato of product. However, because all of the specto-related actvtes are cluded the 8-hour basc tme, o OT chares wll be blled to the establshmet, ad FSIS employees wll be compesated at the basc rate of pay. Pae 4

7 FSIS IRECTIVE Completo tmes for do, doff, related actvtes, ad walk are measured each establshmet accordace wth FSIS rectve Oce establshed, the tme for these actvtes s cluded the 8-hour workday. The FSIS supervsor wll form the establshmet to adjust ts schedule of operatos accordly, so that all specto actvtes are performed wth the IPP s 8-hour TO. If the establshmet decdes t eeds a full 8 hours of o-le examato of product, the FSIS supervsor s to advse the establshmet that t wll cur overtme costs because the IPP wll eed to perform the &, related actvtes, ad walk outsde of the 8- hour workday. The supervsor s to approve OT oly 15-mute cremets. 3. Ay OT that accrues because of the performace of ay off-le or producto actvtes s to be recorded o the T&A wth the proper maaemet code to bll the establshmet. Establshmets that choose to keep the le o past the IPP s TO wll cur a mmum quarter hour OT chare to cover the rema shft tme as well as the walk tme ad doff of ear ad protectve cloth at the ed of the shft. 4. The follow are examples of the may ways that a establshmet s schedule of operatos could vary ad the correspod tme accout o the T&A: a. I a slauhter establshmet, the tme measuremet for & ad walk tme for o-le specto persoel at the be of the shft, surroud the luch perod, ad at the ed of the workday, comes out to a total of 10 mutes broke dow as follows: do ad walk to the workstato takes 3 mutes; walk ad doff for luch takes 2 mutes; do ad walk back to the workstato takes 2 mutes; ad walk ad doff at the ed of the day takes 3 mutes. Assum a 7:00 a.m. to 3:30 p.m. tour of duty, do ad the subsequet walk tme to the workstatos would be at 7:00 a.m. The producto le would start at 7:03 a.m. ad would eed to stop at 10:58 a.m. to allow the IPP 2 mutes to walk to the luchroom ad doff ther ear ad protectve cloth. The secod half of the shft bes at 11:30 a.m. whe the IPP do ther ear ad protectve cloth ad walk back to ther workstatos by the 11:32 a.m. start of producto. Ths schedul allows for the 30 mute upad luch perod. The producto le would eed to stop at 3:27 p.m. to allow the IPP 3 mutes to walk back to the cha room to doff ther ear ad protectve cloth. There would be o OT chared ths example. b. I subpararaph 4.a., stead of shutt the le at 10:58 a.m., t stopped 4 mutes later. Basc tme would cotue for those 4 mutes plus aother 2 mutes for the walk tme to the luch room ad doff of ear. The spector s 30 mute, duty-free luch perod bes at 11:04 a.m. The secod half of the shft bes at 11:34 a.m. whe the IPP dos ear ad protectve cloth ad walks back to ther workstato by 11:36 a.m. Sce the IPP worked 4 hours ad 4 mutes before luch, oly 3 hours 56 mutes rema the shft. The producto le would stll eed to stop at 3:27 p.m. to allow the IPP tme dur the TO to walk back to the cha room to doff ther ear ad protectve cloth. There would be o OT chared ths example. Pae 5 12/28/12

8 c. Cotu wth the examples subpararaphs 4.a ad b., f the establshmet dd ot shut dow the le at the correct tme for luch (example: 5 mutes later or more), basc tme would cotue throuh the walk tme to the luch room ad doff of ear. The 30 mute duty-free luch perod would be ad ed later as would report back to the workstato by 5 mutes or more. If the establshmet wats all the coclud & ad related actvtes performed wth the 8- hour workday, the the le would have to shut dow producto after 3 hours ad 55 mutes (at 3:27 p.m. ) to allow the IPP to walk back to the cha room to doff ther ear ad protectve cloth. However, f the establshmet decdes t wats to keep producto for the full 4 hours after luch, the extra 5 mutes s added to the 3 mutes the IPP eeds to walk back to the cha room to doff ther ear ad protectve cloth. The extra 8 mutes s rouded up to a 15-mute OT chare. (NOTE: Use TC codes 19, 21, 25, or 26 to record the employee s overtme plus the approprate accout code to chare the establshmet.) d. Assum the IPP s shft s be worked as scheduled (see subpararaph 4.a.) except at the ed of the tour, the establshmet has requested that OT be worked. Ths OT perod must clude both the producto tme ad the tme allotted for walk back to the cha room to doff the requred ear ad protectve cloth. The supervsor wll oly approve OT amouts total 15 mutes or amouts that ca be rouded up to 15 mutes. The tme s coded o the T&A us TC codes 19, 25, or 26 wth the approprate accout code to chare the establshmet. (NOTE: These examples are llustrated the scearos Attachmet 1.) B. Alteratve 2. Exted the employee s cotuous work day by schedul offle specto work as OT dur the preshft or postshft perods or before ad after the luch perod. 1. Meat ad poultry slauhter establshmets may requre the full 8 hours of producto tme ad, therefore, ca choose to establsh preshft ad postshft perods whch all the & ad related actvtes are performed as OT. Uder ths type of schedul, the full 8 hours of o-le specto are provded to the establshmet ad are compesated as basc tme. ur the preshft perod, addto to do ay requred protectve cloth ad ear, prelmary actvtes also clude (but are ot lmted to) the walk tme from the cha area to the workstato. ur the postshft perod, fal actvtes clude (but are ot lmted to) the walk tme from the workstato back to the cha area plus the doff of the requred protectve cloth ad ear. I some cases, the tme to doff ad to subsequetly do the protectve cloth ad ear plus the walk tme to ad from the luch room s also measured ad added to the preshft or postshft OT chare to the establshmet. 2. FSIS establshed measured completo tmes for commoly performed specto related actvtes each lvestock ad poultry slauhter establshmet. Walk tmes are also measured o a establshmet by establshmet bass accordace wth FSIS rectve The OT curred s chared to the establshmet quarter hour cremets. 3. If the etre tme allotted for perform & ad related actvtes s ot used for those purposes, the excess tme may be appled towards perform addtoal o-le specto or complet admstratve dutes. (EXAMPLE: It has bee determed that the & dur the preshft ad postshft perods, clud the tme surroud the luch perod, have bee measured to take a total of 7 mutes. Reular OT of ay amout s rouded to the ext quarter hour. Therefore, the & OT s 15 mutes. The spector may perform addtoal specto actvtes for the rema 8 mutes wthout the establshmet curr ay further OT chares.) Pae 6

9 FSIS IRECTIVE See Attachmet 1 for llustratos of scearos that are typcal of varous ways overtme may be scheduled uder ths alteratve. C. Chae the Schedule of Operatos. Whe the establshmet otfes the Aecy that the start of operatos wll be delayed v the IPP suffcet tme to do ad walk o basc tme, o OT s eared for these actvtes. If operatos ed tme for the IPP to walk ad doff dur basc tme, the o OT s eared for these actvtes. XI. PRE-OPERATIONAL SANITATION (PRE-OP) AN ANTE MORTEM INSPECTION I all meat ad poultry product establshmets, pre-op ad ate mortem specto are part of the IPP s 8-hour workday, ad FSIS employees are compesated at ther basc rate of pay. Whe the establshmet requests that pre-op or ate mortem specto be coducted dur the preshft perod, the tme s recorded o the T&A as OT ad s blled to the establshmet 15-mute cremets at the OT rate. As set out FSIS rectve , Secto VII, ay do of protectve cloth ad ear ecessary to perform the work s also cluded ths OT perod. The IPP s basc TO remas the same reardless of whe pre-op or ate mortem specto s be performed. XII. NIGHT IFFERENTIAL A. Work performed as part of the cotuous workday betwee the hours of 6 p.m. ad 6 a.m. s compesated wth a addtoal ht dfferetal. Ths dfferetal s appled to OT hours as well as o-ot hours wth the cotuous workday. B. Wheever the total OT worked (& plus producto) s 15 mutes or less, ad ay porto of t s worked dur the ht perod (6 p.m. to 6 a.m.), the etre 15-mute OT perod s subject to the ht dfferetal. (EXAMPLE: A employee s do tme s 3 mutes (ht hours), ad the doff tme s 3 mutes (day hours). The 6 cumulatve mutes s rouded to 15 mutes ad the etre perod s coded as TC-25 because we caot splt up a cremet of 15 mutes.) C. There may be staces whch the OT perod s splt betwee daytme hours ad ht tme hours. (EXAMPLE: The spector s daytme do ad walk tme totals 4 mutes (TC- 21), ad the ht tme walk ad doff tme s 4 mutes (TC-25). The establshmet rus to producto OT of 25 mutes (TC-25). The total ROT s 33 mutes. The & OT s cosdered reularly scheduled tme uder the Federal compesato reulatos ad caot be rouded dow. The tme must be fully compesated therefore, the 33 mutes s rouded up to 45 mutes of ROT ths maer: 4 mutes for daytme do ad walk s rouded up to 15 mutes (TC-21); 29 mutes of ht tme producto OT plus walk ad doff s rouded up to 30 mutes (TC-25).) XIII. HOLIAYS Holday hours are comprsed of the employee s reularly scheduled TO hours. Ay & ad related admstratve dutes performed dur a employee s TO hours o a holday are compesated ad recorded the same maer as ay specto work by us TC-66, Holday (or TC-66-2, Holday wth Nht fferetal) plus TC-31, Holday Worked. Ay & or producto work performed outsde of the TO hours o a holday (examples: dur the preshft or postshft perods) s cosdered OT work ad compesated as ether TC- 19, OT over 8 hours a day; TC-21, OT over 40 hours a week; TC-25, OT over 40 hours a week wth ht dfferetal; or TC-26, OT over 8 hours a day wth ht dfferetal. See Attachmet 1 for llustratos. Pae 7 12/28/12

10 XIV. MEAL PERIO A. For o-le IPP, walk ad doff before luch ad the subsequet do ad walk after luch are performed dur basc tme. If the establshmet eeds addtoal specto tme, they may request OT to exted the workday. B. Ispecto work, specfcally the walk ad doff pror to the meal ad the do ad walk follow the meal, may be scheduled as part of the establshmet s schedule of operatos. Whe the establshmet chooses ths opto, t accepts less tha 8 full hours of o-le specto of product. IPP are compesated wth basc pay sce the & would occur dur the TO. C. If the establshmet requres a full 8 hours of o-le specto of product, the tme measuremet for the walk ad doff pror to the meal ad the do ad walk follow the meal may be added to the ed of the workday as ROT. Whe the establshmet chooses ths opto, t receves the 8 full hours of o-le specto of product. The IPP s compesated wth ROT pay sce the fal & would occur outsde the TO. XV. & WITH LEAVE A perod of pad leave does ot reduce or elmate the employee s ettlemet to OT pay for work performed outsde the TO. The follow are examples of ths requremet: A. A employee dos ad walks to the workstato dur the preshft perod. After 4 hours, whle o basc tme, the spector leaves the le, walks to the cha area to doff hs ear ad protectve cloth, ad takes aual leave for the remader of the workday. Sce the employee doed the ear ad cloth before the start of hs TO, ad the aual leave s appled toward the 8-hour workday, the employee s ettled to OT for the preshft do ad walk. B. A employee s o aual leave for the frst 4 hours of hs TO. Upo arrval at hs workste, the employee dos ad walks to hs workstato o basc tme. Upo complet the rema 4 hours of hs TO, the employee walks ad doffs hs ear ad protectve cloth dur the postshft perod. Sce the aual leave s appled toward the 8-hour day, ad the walk ad doff occurred outsde of the TO, the employee s ettled to OT for the postshft walk ad doff. C. A employee dos ad walks dur basc tme. After 1 hour, the employee walks ad doffs before tak 2 hours of leave. Upo retur to the establshmet, the employee dos ad walks to hs workstato o basc tme. The establshmet ceases operatos tme for ths employee to walk ad doff whle stll o basc tme. There s o OT ettlemet uder ths scearo.. A perod of leave wthout pay (LWOP) s ot appled towards the 8-hour workday or the 40 hour workweek. Therefore, before ay daly OT ettlemet s appled, the employee must complete the 8 hours of basc tme. I tur, before ay weekly OT ettlemet s appled, the employee must complete the 40 hours of basc tme. XVI. WORK UNIT MEETINGS (WUM) A. WUMs should be scheduled dur perods of basc tme. However, whe t s ot possble to do so, they should be scheduled after the completo of the cotuous workday (usually after the doff perod but could be after kfe sharpe or T&A report deped o the schedul dvdual establshmets.) Pae 8

11 FSIS IRECTIVE B. Sce these meets are ot part of the cotuous workday as defed the revsed reulatos 9 CFR, ths perod of rreular OT s subject to the ormal roud rules ad coded as NROT (see 5 CFR (b) ad Pararaph XVII). WMUs last cremets of less tha 8 mutes wll be rouded dow to the ext quarter hour. I tur, meets last cremets of 8 mutes or more wll be rouded up to the ext quarter hour. C. The rreular OT perod s coded as NROT us TC codes 19, 21, 25, or 26 wth the approprate maaemet code.. WUMs may be held dur ay ROT rema after the ed of the cotuous workday. However, the establshmet caot be chared for more tme tha what they are already be chared for that OT perod. (EXAMPLE: & tme for Establshmet A s 6 mutes. Ths amout s rouded up to 15 mutes. A supervsor decdes to have a WUM after the last actvty of the cotuous workday has bee completed (usually doff). The rema 9 mutes of ROT maybe used for the WUM because the establshmet chose ot to utlze ths tme for producto. If the WUM exceeds 9 mutes, the IPP caot chare the establshmet for the extra tme beyod 9 mutes. The tme beyod 9 mutes s NROT ad s subject to the ormal roud rule metoed above.) XVII. ROUNING OVERTIME WORKE A. I accordace wth the revsed reulatos 9 CFR Parts 307, 381, & 590 ad FSIS rectve , tme measuremets for perform & ad related actvtes (as specfed the refereces above) are made for the purpose of establsh stadard cotuous workdays for FSIS employees the dvdual establshmets. Oce establshed, these tmes become reularly scheduled as part of the employees basc TO or as reularly scheduled OT. B. Per 5 CFR (a), each mute of reularly scheduled overtme must be compesated. Therefore, ay odd mutes of reularly scheduled overtme must be rouded up to the earest quarter hour ad compesated as ROT. (EXAMPLE: Whe the cumulatve daly sum of do/doff/walk tme (ad assocated producto tme, whe applcable) totals a odd amout of ROT (less tha a 15 mute cremet), ad the establshmet wats to keep ts full 8 hours of producto, the establshmet must request overtme wth the uderstad that ts request wll be approved as a 8 mutes of overtme request. The establshmet wll be blled 15-mute cremets for the overtme reardless of whether the actual tme eeded was less tha 8 mutes. How the establshmet uses the remader of the quarter hour s ts decso so lo as the doff/walk tme falls wth t.) C. Whe do ad walk occurs dur the preshft perod, but producto eds early allow the spector to walk ad doff dur basc tme, the spector s stll ettled to OT compesato for the preshft perod. The smallest chare to the establshmet s a quarter hour.. The same s true o the backed of the workday. If do ad walk were part of the schedule of operatos (example: wth the employee s tour of duty) but because of producto OT, the spector s workday wet beyod ther TO, the walk ad doff tme s added to the producto tme ad rouded up to the earest quarter hour ad chared to the establshmet. (NOTE: Whe reular OT (tme measured &) ad rreular OT (specto) occur o the same shft, the two types of OT are added toether ad always rouded up to the ext quarter hour. Ths approach wll esure that all reular overtme s be compesated per 5 CFR (a).) Pae 9 12/28/12

12 E. Irreular OT perods of less tha 8 mutes that are ot part of the cotuous workday are rouded dow to the earest quarter hour. I tur, rreular OT of 8 mutes or more s rouded up to the earest quarter hour (see Pararaph XVI). XVIII. VARIABLE OVERTIME CHARGES A. There are staces whch IPP at the ed of the producto le fsh ther specto dutes later tha those at the be of the le. Whe ths dfferece causes ther workday to exted to the ext quarter hour, these IPP may chare the establshmet a addtoal 15 mutes of ROT. B. It s expected that specto stato assmets are reularly rotated so that the extra OT s evely dstrbuted amo the spectors assed to the establshmet. XIX. &/WALK TIME IN HIMP ESTABLISHMENTS A. Oly HIMP carcass spectors who are requred to be at a assed specto stato o the slauhter or evscerato le at the start or at the ed of the shft would be ettled to & or walk OT, whe applcable, at that establshmet. I addto, & would eed to be accouted for aroud the luch perod for these spectors. B. The establshmet s HIMP verfcato spectors receve compesato for & ad walk as part of ther basc TO. XX. COMPLETING THE T&A REPORT A. As ameded wth the revsed 9 CFR reulatos, admstratve tme scheduled by FSIS s ow part of the 8-hour work day. FSIS has scheduled 1 mute per day wth the schedule of operatos for specto proram persoel to complete ther T&A. B. Whe establshmets wth producto schedules that requre spectors to be o the le for the etre 8-hour schedule of operatos, IPP wll chare ROT for complet the T&A report. Ths actvty may be performed before doff or afterward, thus mak t the last compesable duty the employee s cotuous workday. (NOTE: The 1 mute of ROT may be part of ay uused ROT the establshmet has pad for or other avalable dow tme.) The follow are examples of how to complete the T&A report: 1. & s measured to take 6 mutes ad s rouded up to 15 mutes. The 1 mute for eter the work hours o the T&A may be accouted for the rema 9 mutes of ROT. (6 mutes + 1 mute = 7 mutes & rouded up to 15 mutes total OT chare.) No addtoal overtme chare s warrated. 2. & plus producto overtme totals 9 mutes ad s rouded up to 15 mutes. The 1 mute for eter the work hours o the T&A may be accouted for the rema 6 mutes of ROT. (9 mutes + 1 mute = 10 mutes & rouded up to 15 mutes total OT chare.) No addtoal overtme chare s warrated mutes for & plus 10 mutes for producto overtme totals 15 mutes. The 1 mute scheduled for the T&A etry s added to the 15 mutes of & ad producto overtme ad rouded up to 30 mutes of ROT. (5 mutes +10 m + 1 mute = 16 mutes & rouded up to 30 mutes total OT chare.) Use TC codes 19, 21, 25, or 26 as applcable. Pae 10

13 FSIS IRECTIVE C. The correct trasacto code to record the tme for complet the tme ad attedace report wll deped o whether the establshmet elects to schedule the tme dur ts approved hours of operato or dur a OT perod. Use oe of the follow basc pay codes as applcable: TC-01, 04, 05, or 11 or overtme codes as applcable: TC-19, 21, 25, or 26. XXI. KNIFE SHARPENING A. Kfe sharpe s ow part of the 8-hour work day. Establshmets that do ot provde kfe sharpe servces ad have producto schedules that requre spectors to be o the le for the etre 8-hour schedule of operatos must request ROT for kfe sharpe accordace wth FSIS rectve B. The tme allotted for kfe sharpe s added to the & ad producto OT. The total s rouded up to the ext quarter hour the same maer as T&A etry (See Pararaph XX). C. Kfe sharpe may be doe dur ay uused ROT the establshmet has pad for or other avalable dow tme. (NOTE: These provsos do ot apply f the establshmet provdes kfe sharpe servce. The correct trasacto code to record the tme for kfe sharpe wll deped o whether the establshmet elects to schedule the tme dur ts approved hours of operato or dur a OT perod. Use oe of the follow basc pay codes as applcable: TC-01, 04, 05, or 11 or OT codes as applcable: TC-19, 21, 25, or 26.) XXII. AITIONAL INFORMATION Compesato questos may be drected to the dstrct offce or emaled to o&[email protected]. For further formato o & tme measuremet, please see FSIS rectve Admstrator Food Safety ad Ispecto Servce Attachmets 1 Illustrat the Cotuous Workday 2 Supplemetal Istructos for Compesat Work Performed Uder the Ameded Reulatos 9 CFR 307.4, , ad , Schedule of Operatos 3 Trasacto Codes Pae 11 12/28/12 (ad 12)

14 ILLUSTRATING THE CONTINUOUS WORKAY FSIS IRECTIVE ATTACHMENT 1 ILLUSTRATING THE CONTINUOUS INSPECTION WORKAY OCCURRING TOTALLY WITHIN THE 8-HOUR WORKAY All tme s ot the same whe t comes to ettlemet to overtme or for the purposes of bll dustry for OT. The follow scearos llustrate the examples above to show that the schedul of the cotuous workday actvtes makes a dfferece wth reard to: rules. A. Whe tme qualfes as compesable overtme for a employee uder 5 CFR B. Whe tme s bllable as ROT to the establshmets uder 9 CFR rules. Whe complet the T&A, refer to oe of the scearos below for udace. Scearo 1: Tradtoal 8-hour workday wth all & actvtes performed dur the employee s basc tme. I ths scearo, the establshmet accepts less tha 8 hours of actual producto tme. { Tour of uty ---6am to 2:30pm } o & Walk Tme 3 m Producto Tme W a l k & o f f 30 m uty Free Meal Perod o & W a l k Producto Tme Walk Tme & off 3 m 2 m Upad 2 m [6:00am :00 10: :30pm] I ths scearo, all of the requred & actvtes at the start of the workday, at the ed of the workday, ad aroud the meal perod are performed dur the basc 8-hour workday. Sce there s o overtme, the employee s ot ettled to ay overtme compesato for the tme spet o do ad doff actvty or s ay overtme blled to the establshmet. All the tme spet o specto related actvtes s coded as basc tme (Trasacto Code 01) for T&A purposes. Pae 13 12/28/12

15 NOTE: Schedul the & actvtes ths maer reduces the 8 hours of producto tme the establshmet ormally receves by the amout of tme t takes to complete these actvtes. If, o ay ve day, the establshmet decdes t eeds the full 8 hours for producto, the establshmet wll request overtme for &. Ispectors must bll the establshmet for the overtme result from the extra tme o the specto le (o less tha 8 mutes) plus the overtme to perform the coclud actvtes at the ed of the shft. Use TC-19, TC-21, TC-25, or TC-26 to code the T&A. Pae 14

16 FSIS IRECTIVE ATTACHMENT 1 ILLUSTRATING THE CONTINUOUS WORKAY BEGINNING AN ENING OUTSIE OF THE 8- HOUR WORKAY (PRE-/POSTSHIFT PERIOS) Scearo 2: Tradtoal 8-hour workday wth establshed (a) pre-shft ad post-shft perods wth & actvtes performed outsde basc tme; ad (b) pre-luch/post-luch & actvtes performed dur the employee s basc tme. I ths scearo, the establshmet accepts less tha 8 hours of actual producto tme. { Tour of uty 6am to 2:30pm } Pre-shft o (OT) A Basc Work Tme Walk o f f 30 m uty Free Meal Perod o Walk Basc Work Tme Post-shft off (OT) B C [4 m] [6:00am :00-10:30 10: :30pm] [3 m] I ths scearo, actvtes A ad B are overtme pre-shft ad post-shft perods whch the & actvtes are performed outsde basc tme. These tmes would be added toether for a daly OT total. For the purposes of ths scearo, actvty A s 4 mutes ad B s 3 mutes for a total of 7 mutes. Sce ths example there s o other OT, the 7 mutes of & would be rouded up to 15 mutes. The 15 mutes would be compesable to the employee as ROT ad coded as TC-19 or TC-21, (TC-25 or TC-26 f ht hours are volved) o the T&A ad blled to the establshmet us the approprate accout code. Actvtes C ad are scheduled ad performed dur basc tme so they are couted as basc work tme (TC-01). Therefore, o addtoal compesato s due to the employee, or s ths tme rembursable by the establshmet. NOTE: Schedul the & actvtes ths maer reduces the 8 hours of producto tme the establshmet ormally works by the amout of tme t takes to complete the & ad walk tme actvtes surroud the luch perod. If, o ay ve day, the establshmet decdes t eeds the full 8 hours for producto, the establshmet must request OT. Ispectors must bll the establshmet for the rema tme o the specto le plus the already scheduled postshft coclud actvtes as overtme. The tme s coded o the T&A as TC-19, TC-21, TC-25, or TC-26 o the T&A. The supervsor wll oly approve OT amouts total 8 mutes or amouts that ca be rouded up to 15 mutes. Pae 15 12/28/12

17 Pre-shft o Scearo 3: Tradtoal 8-hour workday wth & actvtes performed dur pre-shft ad post-shft overtme perods. Pre-luch ad post-luch & actvtes are performed wth basc tme but the establshmet requests overtme at the ed of the day to recoup the tme. Establshmet receves full 8 hours of producto. (OT) A { Tour of uty 6am to 2:30pm } Walk 30 m o o uty Free Basc Work f Meal Basc Work Tme f Perod Tme Walk [2m B [3 m] C OT [5 m] [6:00am :00am] [10:30am to 2:30pm] [5m] [3 m] I ths scearo, requred pre-shft ad post-shft & actvtes are performed outsde of the employee s basc 8-hour workday. Althouh the & surroud the luch perod are performed wth the schedule of operatos, the establshmet requested OT at the ed of the day to recoup the 5 mutes of & (B+C). Therefore, A++E are all added toether as overtme work ad coded o the T&A as TC-19, TC-21, TC-25, or TC-26. The total overtme of 13 mutes rouded up to 15 mutes s blled to the establshmet us the approprate accout code. Uder other crcumstaces, the Uscheduled Leave may also clude producto OT addto to recoup the & tme surroud the luch perod. U s c h e d u l e d Post-shft off (OT) E Pae 16

18 FSIS IRECTIVE ATTACHMENT 1 ILLUSTRATING THE CONTINUOUS WORKAY OCCURRING ON A HOLIAY Scearo 4: O ths holday, the establshmet s work a tradtoal 8-hour workday wth all & actvtes performed dur the employee s basc tme. I ths scearo, the employee works the etre 8 hours of hs TO but s o the producto le less tha 8 hours exam product. { Tour of uty 6am to 2:30pm } o & Walk Tme 3 m Producto Tme W a l k & o f f 30 m uty Free Meal Perod o & W a l k Producto Tme Walk Tme & off 3 m 2 m Upad 2 m [6:00am :00am] [10: :30pm] Holday hours cocde wth the employee s TO hours. I ths scearo, the cotuous workday ecompasses the holday perod. Therefore, the etre 6:00 a.m. to 2:30 p.m. perod s subject to holday pay. The T&A would be codes as follows: TC-66, Federal Holday, for 8 hours TC-31, Holday Worked, for 8 hours Pae 17 12/28/12

19 Scearo 5: O ths holday, the establshmet s work a four hour schedule wth all & actvtes performed dur the employee s basc tme. I ths scearo, the employee works 4 hours of hs tour of duty. { Tour of uty 6am to 2:30pm } o & Walk Tme 3 m Producto Tme W a l k & o f f Meal Perod Not Requred Upad Establshmet s dark 2 m [6:00am :00] [10: :30pm] Holday hours cocde wth the employee s tour of duty hours. I ths scearo, the cotuous workday ecompasses the holday perod but o ths holday, the employee s oly work 4 hours of hs 8-hour tour of duty. The T&A would be coded as follows: TC-66, Federal Holday, for 8 hours TC-31, Holday Worked, for 4 hours Pae 18

20 FSIS IRECTIVE ATTACHMENT 1 Scearo 6: O ths holday, the establshmet s work a tradtoal 8-hour workday wth & actvtes performed dur pre-shft ad post-shft overtme perods. Pre-luch ad post-luch & actvtes are performed wth basc tme but the establshmet requests overtme at the ed of the day to recoup the tme ad to allow for extra producto. Establshmet receves full 8 hours of producto. { Tour of uty 6am to 2:30pm } Pre-shft o (OT) A Basc Work Tme + Holday Worked B Walk o f f (OT) C [2 m] 30 m uty Free Meal Perod o Walk (OT) [3m] Basc Work Tme + Holday Worked E U s c h e d u l e d OT F Post Shft o f f (OT) G [5 m] [6:00am to 10:00am] [10:30am to 2:30pm] [8 m] [5 m] Holday hours cocde wth the employee s tour of duty hours. Therefore, the pre/postshft perods plus the uscheduled overtme (A,F*, &G) are overtme hours ad pad at the employee s overtme rate. Oly the actual specto work s elble for TC-31 (B,C,,&E). The T&A would be coded as follows: TC-66, Federal Holday, for 8 hours TC-31, Holday Worked, for 8 hours TC-19 or 21, Overtme, for ½ hour (A+F+G = 18 mutes rouded up to 30mutes of OT) *F= 5 m for the OT surroud the luch perod +3 m of producto OT Pae 19 12/28/12 (ad 20)

21 FSIS IRECTIVE ATTACHMENT 2 SUPPLEMENTAL INSTRUCTIONS FOR COMPENSATING WORK PERFORME UNER THE AMENE REGULATIONS AT 9 CFR 307.4, , AN , SCHEULE OF OPERATIONS There are actvtes that Ispecto Proram Persoel (IPP) perform that are ot specfcally covered or fully addressed the ameded 9 CFR Parts 307, 381, ad 590, Schedule of Operatos reulatos. Noetheless, these actvtes may potetally be compesable. The structos below are teded to serve as a ad to supervsors o how to compesate ad record OT ad to bll the establshmet for some commo tasks that are ot fully addressed the rule: A. Completo of the 5110, Servces Redered Form. Ths form s ormally completed cojucto wth the employee s tme ad attedace report (T&A). It may be completed dur ay perod of basc tme that s ot commtted to specto work or dur a ROT perod. B. Travel Vouchers/GovTrp. O those occasos whch specto proram persoel eed to travel for temporary duty (TY) purposes, complet ths admstratve fucto for rembursemet of expeses would have to be completed dur compesable tme. Wheever possble, ths fucto should occur dur basc tme. Ths may be accomplshed by supervsors esur that there s relef coverae for the le spector to perform ths duty. Whe t s ot possble to do so, the supervsor should dscuss wth FLS or M to determe f NROT s approprate. The decso o whe to complete the vouchers ad whether ROT or NROT s approprate depeds o the stuato. Each stace would have to be examed dvdually. C. Locker Cleaout. FSIS employees are always requred to mplemet practces to esure a satary evromet s mataed. If the practces requre the FSIS employee to coduct dutes outsde ther tour of duty the establshmet s lable for the OT chares.. Cod the T&A whe assed to a dfferet establshmet. O those occasos whe a spector s headquarters establshmet s dark, ad the employee s assed to aother establshmet but keeps hs/her ormal tour of duty, the follow udace wll help cod the T&A. The referece pot to determe the employee s ettlemet to overtme (clud do ad doff) s the ormal TO hours. Perform ay compesable work outsde the ormal TO hours creates a OT ettlemet. However, deped o the specfc crcumstaces, the OT may or may ot be rembursable. 1. Establshmet A has approved hours of 2230 to 0700 (10:30 p.m. to 7:00 a.m.) for the frst shft ad 0700 to 1530 (7:00 a.m. to 3:30 p.m.) for the 2 d shft. It has elected to pay 15 mutes of rembursable overtme (ROT) for do ad doff for each shft o a daly bass. 2. Ispectors at establshmet B wth approved hours from 0330 to 1200 (3:30 a.m. to 12 oo) o to Establshmet A about oce weekly whe ther establshmet has a dow day ad s ot operat. They stll start at ther ormal tme 0330 (3:30 a.m.) ad work o later tha 1200 hours (12 oo), so they are actually work a porto of shft 1 ad a porto of shft 2 at Establshmet A. Pae 21 12/28/12

22 Q1. If the spectors arrve at 0330 ad o drectly to the le ad work a full 8 hours ed at 1200 hours, are they stll ettled to & overtme eve thouh they are work dur both shfts? If so, should ther & overtme be chared as ROT to Establshmet A or as o-rembursable (NROT)? A1. Sce the 1 st shft at Establshmet A s already process whe the spectors arrve, they have the opportuty to do ther ear ad walk to the workstato dur ther TO. Ths would be coded as basc tme wth ht dfferetal (TC- 11). The same could be true towards the ed of ther tour of duty. Sce the 2 d shft at Establshmet A s full producto allow these spectors to stop work at 1200, they should leave the le before ther shft s over to allow tme for walk ad doff o basc tme (TC-01). Note that ths wll result Establshmet A recev less tha 8 hours of specto from the employees from Establshmet B. However, f there s a eed for the spectors from Establshmet B to be o the le for the full 8 hours (be at 0330 ad ed at 1200), the do ad walk would have to occur pror to the start of ther tour of duty. Ths tme would be rouded up to 15 mutes, coded as Overtme over 40 wth ht dfferetal (TC-25) ad would clude the walk ad doff at the ed of ther shft (eve thouh doff s performed after 6am.) Sce oly the spectors were a overtme status but ot the establshmet, the & would be cosdered NROT. NOTE #1: If these spectors were to work utl the secod shft eded at 1530, the overtme betwee 1200 ad 1530 s NROT. The doff, as metoed above, s stll part of the quarter hour of overtme eared for do ad walk. NOTE #2: If producto overtme causes the total overtme eared to exceed 15 mutes (example: t totals 18 mutes) ad thus rouded up to a 30-mute chare, a separate T&A etry for 15 mutes of ROT to accout for the producto OT ad the walk/doff s made but wthout the ht dfferetal. Use TC-21 plus the maaemet code to bll the establshmet. Q2. If the spectors arrve at 0330 ad do ot start or fsh o the le, but are used to ve breaks, work the le for a few hours at a tme, ad do offce dutes, are they ettled to & OT? A2. No, they would ot be ettled to ay & OT sce they should have tme to perform do ad doff dutes dur basc tme (TC-01). Char for & whe assed to work at two dfferet establshmets o the same day. Whe total combed & tme for both establshmets s 15 mutes or less, a employee may ear ad subsequetly chare ROT for & purposes, oly oce dur ther shft. I other words, the employee may ot ear 15 mutes of OT for the preshft do at Establshmet A ad the ear aother 15 mutes of OT for the postshft doff at Establshmet B whe the total & tme at both establshmets s 15 mutes or less. The establshmet to chare for the do ad doff OT wll deped o the specfc stuato. Pae 22

23 FSIS IRECTIVE ATTACHMENT 2 1. If the employee doed ad walked to the workstato at Establshmet A before the TO started, but the shft at Establshmet B eded tme for the employee to walk ad doff o basc tme, the the do ad walk tme s rouded up to 15 mutes of ROT ad chared oly to Establshmet A. 2. If the employee doed ad walked to the workstato at Establshmet A dur basc tme but at Establshmet B the shft wet beyod the employee s TO, the Establshmet B s chared for the ROT. The walk ad doff tme s rouded up to 15 mutes ad chared to Establshmet B. 3. Whe cumulatve & occurs at both establshmets totals 15 mutes or less dur a OT perod, oly chare the ROT to the establshmet where the workday bea. Ths s because the payroll provder (NFC) caot splt a 15 mute OT chare. Whe the cumulatve amout of & betwee the two establshmets exceeds 15 mutes, the employee may splt the chare for the & OT betwee the two establshmets. A. At Establshmet A, f t takes a spector 7 mutes to do hs ear ad walk to hs workstato pror to the start of hs TO but t takes hm 9 mutes to walk ad doff hs ear at Establshmet B after hs tour has eded, he may splt the 30 mutes of OT (16 mutes rouded up to 30 mutes) betwee Establshmet A for 15 mutes of & ad also chare Establshmet B for 15 mutes of &. B. At Establshmet A, f t takes a spector 7 mutes to do hs ear ad to walk to hs workstato pror to the start of hs tour of duty, but because of producto OT, the postshft OT at Establshmet B totals 16 mutes, the employee may splt the 45 mutes of OT. The 7 mutes of OT eared at Establshmet A s rouded up to 15 mutes ad chared to Establshmet A. The 16 mutes of OT eared at Establshmet B s rouded up to 30 mutes ad chared to Establshmet B. Pae 23 12/28/12 (ad 24)

24 FSIS IRECTIVE ATTACHMENT 3 TRANSACTION COES TC-01 TC-04 TC-05 TC-11 TC-19 TC-21 TC-25 TC-26 TC-31 TC-61 TC-62 TC-66 TC-66-2 Reular Base Pay Base Pay wth Suday fferetal Base Pay wth Suday ad Nht fferetal Base Pay wth Nht fferetal Overtme >8hrs/day Overtme >40hrs/week Overtme>40hrs/week wth Nht fferetal Overtme >8hrs/day wth Nht fferetal Holday Worked Aual Leave Sck Leave Other Leave (e.., reular holday, adm/excused absece, jury duty) Other Leave wth Nht fferetal Pae 25 12/28/12