Ask The Lawyer

By Debra Roth

Q & A Session – Overtime While On Travel Status

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.

Q:

What is the rule for paying overtime to an employee while on travel status?

A:

Pursuant to 5 U.S.C. § 5542(b)(2) and 5 C.F.R. § 550.112(g), official travel away from one’s duty station is considered hours of work, including overtime hours when applicable, if: the travel occurs within the regularly scheduled work week; or the travel includes the performance of work while traveling, is incident to travel that involves the performance of work while traveling, is carried out under arduous or dangerous conditions, or results from an event that could not be scheduled or controlled administratively by any individual or agency in the Government.  If time while on travel status does not meet one of the above to qualify as hours of work or overtime, then it may be credited to compensatory time.  An employee on a TDY is entitled to compensatory time off “for time in a travel status away from the employee’s official duty station when the travel time is not otherwise compensable.”  5 C.F.R. § 55.1401 (emphasis added); see 5 C.F.R. § 550.1403 (“Compensable refers to periods of time that are creditable as hours of work for the purpose of determining a specific pay entitlement, even when that work time may not actually generate additional compensation because of applicable pay limitations”).

Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.

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Comments

  1. CHARLES MARIGNY Says:
    November 14th, 2010 at 6:35 am

    CAN OPM GIVE MORE THAT THE STANDARD 40% AFTER THE FIRST YEAR OF DISABILITY RETIREMENT BASED ON THE THE EVALUATION GIVEN BY THE SUPERVISOR.

    I’M PART OF THE NRP PROGRAM UNDER THE POSTAL SERVICE SYSTEM, I WAS NEVER REHABILITATED, AND NOW I HAVE REQUESTED MEDICAL RETIREMENT. I’M 55 Y.O. AND RETIRED FROM THE MILITARY WITH 22 Y EARS OF SERVICE. AND ONLY 10% DIAABILITY. WHAT CAN I RECIEVE AS A MAXIMUM % FOR RETIREMENT.