AFGE Local 2113's proposal concerning Compensatory Time for off-duty official travel

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June 23, 2005

AFGE Local 2113 Proposal on Compensatory Time Off for Travel

1. An employee is entitled to earn and the Employer agrees to compensate an employee with 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 in accordance with the regulation implementing the Federal Workforce Flexibility Act of 2004 and the provisions of this agreement. The effective date to start compensable travel time is January 28, 2004.

2. Time in a travel status includes the time an employee actually spends traveling between the official duty station and a temporary duty station or between temporary duty stations and the usual waiting time that precedes or interrupts such travel subject to exclusions for bona fide meal periods during actual travel time and for extended (i.e., not usual) waiting time between actual periods of travel during which the employee is free to rest, sleep, or otherwise can use the time for his or her own purposes, such as, but not limited to, layovers where the employee is free to check into a hotel for the night.

3. Compensatory time off for travel does not include time for which the employee is receiving other compensation, such as, travel during normal working hours, time spent traveling by nonexempt employees who are paid overtime for the travel, time spent traveling if the agency offers one mode of transportation or route, but permits the employee to use an alternative mode of transportation, or who travels at a time or by a route other than that selected by the agency. Only the estimated duration of that travel which would have been compensable had the employee traveled using the agency’s preferred method would be compensable.

4. Once an employee arrives at a temporary duty station, he or she is not considered to be in a travel status for compensatory travel time just because he or she is away from the official duty station.

5. Employees on a multiple day travel assignment and who chooses, for personal reasons, not to use temporary lodgings at the temporary duty station, but to return home at night or on week-ends, are compensable on the first and last day of travel, unless the Employer determines that credit should be given based on the net savings to the Government or for other reasons deemed by the Employer to be beneficial to the Government, considering the value of the compensatory time as equal to the employee’s hourly rate of basic pay.

6. An employee’s time spent traveling outside of regular working hours to or from a transportation terminal (e.g., an airport or train station) within the limits of his or her official duty station is considered to be equivalent to commuting time and is not creditable travel time on days an employee is normally scheduled to work. If the employee travels to or from a transportation terminal outside the limits of his or her official duty station, then compensable time is subject to an offset for the time the employee would have spent in normal home-to-work or work-to-home commuting.

7. Time in a travel status will be compensable, credited and used in increments of one-tenth of an hour (6 minutes).

8. Employees wishing to use previously credited compensable travel time for leave purposes will follow the procedures for requesting time off similarly to other types of leave during his or her scheduled tour of duty.

9. To avoid an employee from unnecessarily forfeiting compensatory leave time, the Employer will allow the employee to use the travel compensatory time prior to using any other type of compensatory time, including credit hours. In the case of a long-term illness, employees will be allowed to use compensatory time for travel instead of sick leave. 10. Employees will forfeit unused compensatory time earned in a travel status for the following conditions:

          a. If not used within 26 pay periods after the pay period during which it was credited;

          b. Upon voluntary transfer to another agency;

          c. Upon separation from Federal service;

          d. Upon movement to a noncovered position except the movement does not prevent the Agency from voluntarily using another authority to give the employee credit for compensatory time off equal to the forfeited amount; or

          e. If after separation from Federal service or after placement in a leave without pay status and returns to service with the same or successor agency, the employee must use all of the compensatory time off by the end of the 26th pay period following the pay period in which the employee returns to duty.

11. Unused compensatory time off will not be forfeited but will be held in abeyance in the following cases:

          a. An employee who separates from Federal service and later returns to service with the same agency if the employee performs service in the uniformed services through the exercise of a reemployment right provided by law, Executive order, or regulation; or

          b. An employee separates or is placed in a leave without pay status because of an on-the-job injury and recovers sufficiently to return to work.

12. An employee must use the non-forfeited compensatory time off for travel by the end of the 26th pay period following the pay period in which the employee returns to duty, or such compensatory time off will be forfeited in the same manner and for the same reasons as item 10 above.

13. An employee may not receive payment under any circumstances for any unused compensatory time off he or she earned under this agreement.

14. The travel request form will be modified to include a check box if compensatory travel time is expected during the trip and space to enter the expected duration. When the box is checked and the expected duration is entered, this information serves as sufficient notification to the supervisor and program manager that compensatory travel time has been requested.

15. The Employer is responsible for tracking and managing compensatory time for travel.

16. An employee will enter the compensatory time off for travel into the approved SAP time and attendance record keeping system; if the employee is away from the work site, or if the SAP entries for that week have already been certified, the employee will provide the supervisor the information to enter into the SAP system. Compensatory time off will be credited to the day or days on which it was earned.

17. Employees with compensatory time for travel balances will be notified five pay periods in advance of forfeiture to allow sufficient time to schedule leave use.

18. This agreement supplements the provisions of the Labor Management Agreement, Article 23, Section 5, paragraph b. items (2) and (5) as appropriate; and at the employee’s election, when the travel day exceeds twelve hours, the employee may use either the provisions of this agreement and receive credit for compensatory time off for travel, or the provisions at Article 23, Section 5, paragraph c. for administrative time off, but not both. All other provisions of Article 23 remain in effect.

19. To receive credit for compensable travel time between the effective date of January 28th and the effective date of this agreement, employees will provide their supervisor with the date and duration of each occurrence of compensable travel time. Management is responsible for notifying employees of this requirement by e-mail.

20. This agreement will be opened for review and modification after issuance of the final regulation in the Federal Register.

Lorraine Tuliano
President, AFGE Local 2113
AFGE DEFCON Navy Caucus Chair

Supporting Navy Workers for a Stronger Defense

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This page was last updated on June 23, 2005