By Bill Bransford
Q & A Session – Locality Pay Determination
August 5th, 2011 | Uncategorized
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:
I have worked at my current duty station for six years. A few years ago, I moved but my duties and workplace remained in the same locality pay area. Some local travel is required, but this is primarily within the same locality pay area as my workplace.
Recently I was promoted, but because I moved to a home in a lower locality pay area years go, I was told I would lose money after my promotion because they were reducing my locality pay. I thought locality pay was determined by the location of my duty station, not my home address. Is this correct?
A:
According to 5 CFR § 531.604, your locality pay is determined by the location of your official worksite as opposed to your home address. Your official worksite is the location of your position of record where you regularly perform your duties according to 5 CFR § 531.605. This location should be listed on your SF-50 or an equivalent form. Since your official worksite appears to remain unchanged, and you appear to regularly perform your duties there, I believe you should receive that area’s higher locality pay.
Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.
Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.
Q & A Session – TDY and Travel Time
April 15th, 2011 | Uncategorized
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:
When an employee is in TDY status, should the employee be paid for the travel time he or she in a government vehicle if it is outside of normal working hours? If an employee has a start time of 6:00 a.m. are they required to report to the vessel at 6 a.m. or start travel to the vessel at 6 a.m.?
A:
As addressed in our article “TDY and Comp. Time: What Are the Rules?” a federal employee is entitled to compensatory time for travel beyond their official duty station, occurring outside their normal duty hours.
For purposes of compensatory time, an employee’s official duty station is a reasonable geographic area surrounding the work site, as designated by the agency, but not to exceed a mileage radius of 50 miles. As such, just because you are on a “TDY,” or temporary detail assignment, does not necessarily mean that you are on a travel status away from your official duty station. If you are not beyond your official duty station, then you are not entitled to compensatory time for travel.
Regarding your second question, since your tour of duty begins at 6:00am, you are required to be at the work site at 6:00am, but may be entitled to compensatory time for your travel to/from the worksite, depending whether or not you are in a travel status. For more a more detailed explanation, please see our article titled, “TDY and Comp. Time: What Are the Rules?” for more information regarding your question.
Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.
Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.
Q & A Session – Official Duty Station and Government Vehicle
February 4th, 2011 | Uncategorized
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:
My official duty station has been my home for over 20 years, or that’s what I thought. I have always parked the government vehicle at my house, with proper authorization, and departed to various work places from there. I am now being told I am required to drive my personal vehicle to the office. I referred to the telework regulations that said if someone does not commute to the office at least once per week then the official duty station reverts back to your home. What is correct?
A:
Unless you are on an official telework agreement, your work away from the office is not considered telework and your question cannot be answered by referring to the regulations governing telework. An Official Duty Station is designated by an agency. When your job requires you to work primarily in the field your home may be designated as your official duty station. However, it is unclear from your question if this is the case. You say you believe that your home was your official duty station, but also state that your SF-50 stated the city your office is located in the official duty station. You will need to clarify what location has been designated as your official duty station. In order to have your home designated as such, you would likely have had to fill out a form requesting the designation and receive supervisor approval.
Agencies have discretion to designate official duty stations and also to permit the use of a government vehicle at a personal residence. This is based on individual circumstances and must be approved by a supervisor or agency head. If an agency determines that the reasons behind granting authority to park a government vehicle at a personal residence are no longer valid, they agency may revoke the permission.
Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.
Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.
Q & A Session – Qualifying for a Per Diem Rate
January 7th, 2011 | Uncategorized
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:
How can a federal employee qualify for a per diem?
A:
For a federal employee to qualify for a per diem, he/she must be on official travel away from their official duty station. The “official duty station” means the geographic area surrounding an employee’s regular work site that is the same as the area designated by the employing agency for the purpose of determining whether travel time is compensable for the purpose of determining overtime pay.” 5 C.F.R. § 550.1403. When designating the geographic area surrounding an employee’s regular work site that shall constitute an employee’s the “official duty station,” the agency “may prescribe a mileage radius of not greater than 50 miles to determine whether an employee’s travel is within or outside the limits of the employee’s official duty station for determining entitlement to overtime pay for travel.” 5 C.F.R. § 550.112(j). As such, the Agency is authorized to determine, in its discretion, the geographic region that shall consist of an employee’s official duty station, so long as that geographic region does not exceed a 50 mile radius of the location of the employee’s permanent duty station. Therefore, you need to inquire with your agency to learn the geographical region that constitutes your “official duty station,” and you will then be able to determine whether your official travel qualifies you for a per diem.
Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.
Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.
Tags: Official Duty Station, per diem, travel
Q&A Session – TDY for Travel Outside “Official Duty Station”
September 29th, 2010 | Uncategorized
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:
If I have to work a half day or more at locations that are 60 miles or greater from my normal place of work, can I be authorized for TDY?
A:
In order for your visits to other locations throughout the city to qualify as a TDY (and for you to gain compensatory time for travel to/from a temporary duty station), one must travel outside their “official duty station.” Your “official duty station,” however, is not limited to just your work site. Instead, one’s “official duty station” is a reasonable geographic area surrounding the work site, as designated by the Agency. 5 C.F.R. § 550.1403. When designating the geographic area surrounding an employee’s regular work site that shall constitute an employee’s “official duty station,” the agency “may prescribe a mileage radius of not greater than 50 miles to determine whether an employee’s travel is within or outside the limits of the employee’s official duty station for determining entitlement to overtime pay for travel.” 5 C.F.R. § 550.112(j). As such, the Agency is authorized to determine, in its discretion, the geographic region that shall consist of an employee’s official duty station, so long as that geographic region does not exceed a 50 mile radius of the location of the employee’s permanent duty station. Therefore, in order for your single-day drives to other locations in the city to qualify as a temporary duty assignment, you must travel beyond your “official duty station.” Because your “official duty station” cannot exceed a 50 mile radius of the location of your normal work station, your trips that are “60 miles or greater” should qualify as a TDY, and warrant compensatory travel time for you.
Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.