[Material Transmitted]{.underline}:

Department of Health and Human Services (HHS) Instruction 550-1, Premium
Pay, dated January 26, 2009.

[Material Superseded]{.underline}:

This Instruction supersedes HHS Instruction 550-1, Premium Pay, issued
June 12, 1996.

[Background]{.underline}:

The following revisions were made:

[]{.mark}

[]{.mark}

1.  A "General Definitions" section was added for clarity and to give
    greater context to the reader.

2.  A "Responsibilities" section was added for greater accountability.

3.  The Overtime and Compensatory time sections were extensively revised
    to reflect regulatory changes.

4.  "Law Enforcement Availability Pay" and "Documentation and
    Accountability" sections were added to reflect regulatory changes
    and to document specific actions.

This issuance is effective immediately. Implementation under this
issuance must be carried out in accordance with applicable laws,
regulations, bargaining agreements, and Departmental policy.

Antonia T. Harris

Deputy Assistant Secretary for Human Resources

INSTRUCTION 550-1

**SUBJECT: PREMIUM PAY**

550-1-00 Purpose

550-1-10 References

550-1-20 Coverage and Exclusions

550-1-30 General Definitions

550-1-40 Responsibilities

550-1-50 Overtime, Compensatory Time, Call-Back Overtime, Preshift and
Postshift Activity

550-1-60 Regularly Scheduled Standby Duty Pay

550-1-70 Pay for Administratively Uncontrollable Work

550-1-80 Night Pay Differential, Holiday Pay, Sunday Pay

550-1-90 Hazardous Pay Differential

550-1-100 Law Enforcement Availability Pay

550-1-110 Pay Limitation

550-1-120 Documentation and Accountability

**550-1-00 PURPOSE**

The purpose of this policy is to state Departmental policies and provide
guidance concerning premium pay. Premium pay supplements base pay for
work performed as stipulated in this policy.

**550-1-10 REFERENCES**

A.  5 USC, Chapter 55, Subchapter IV (Premium Pay)

B.  5 USC, Chapter 61, Subchapter II (Flexible and Compressed Work
    Schedules)

C.  5 CFR, Part 550 \[Pay Administration (General) Subpart A -- Premium
    Pay\]

D.  5 CFR, Part 550 \[Pay Administration (General) Subpart I -- Pay for
    Duty Involving Physical Hardship or Hazard\]

E.  5 CFR, Part 551 (Pay Administration under the Fair Labor Standards
    Act)

F.  5 CFR, Part 610 (Hours of Duty)

G.  HHS Guide to Timekeeping

H.  HHS collective bargaining agreements

**550-1-20 COVERAGE AND EXCLUSIONS**

A. Coverage

This policy covers those persons defined as employees under 5 USC,
Section 5541(2) including General Schedule (GS) employees.

B. Exclusions

This policy does not apply to the following employees:

1.  GS employees compensated by Title 38;

2.  Firefighters entitled to Fire Fighters Premium Pay;

3.  Federal Wage System employees;

4.  Senior Executive Service;

5.  Student Stipend employees;

Note: Policies governing compensatory time for religious observances and
compensatory time off for travel are excluded from this Instruction.

**550-1-30 GENERAL DEFINITIONS**

A.  [Administrative workweek]{.underline}. Any period of seven
    consecutive days (most typically Sunday through Saturday) designated
    in advance by the head of the OPDIV.

B.  [Administratively uncontrollable work]{.underline}. See Section
    550-1-70.A.

C.  [Biweekly Pay Limitation]{.underline}. A cap on basic and premium
    pay during a pay period limiting pay to the greater of the biweekly
    rate payable for (1) GS-15, step 10 (including any applicable
    locality payment or special rate supplement), or (2) the rate
    payable for level V of the Executive Schedule; whichever is greater.

D.  [Call-Back Overtime]{.underline}. See Section 550-1-50.C.

E.  [Compensatory Time Off]{.underline}. See Section 550-1-50.B.

F.  [Criminal Investigator]{.underline}. A Criminal Investigator is a
    law enforcement officer whose position is properly classified under
    either the GS-1811 or the GS-1812 series in the General Schedule
    classification system.

G.  [Duty involving physical hardship]{.underline}. Duty that may not in
    itself be hazardous, but causes extreme physical discomfort or
    distress and is not adequately alleviated by protective or
    mechanical devices. Physical hardship duties may involve exposure to
    extreme temperatures for a long period of time, arduous physical
    exertion, or exposure to fumes, dust, or noise that causes nausea,
    skin, eye, ear, or nose irritation.

H.  [Hazardous duty]{.underline}. Duty performed under circumstances in
    which an accident could result in serious injury or death, such as
    duty performed on a high structure where protective facilities are
    not used or on an open structure where adverse conditions such as
    darkness, lightning, steady rain, or high wind velocity exist.

I.  [Hazard pay differential]{.underline}. See Section 550-1-90.A.

J.  [Holiday Premium Pay]{.underline}. See Section 550-1-80.B.

K.  [Irregular or occasional overtime work]{.underline}. Overtime work
    that is not part of an employee\'s regularly scheduled
    administrative workweek.

L.  [Law Enforcement Availability Pay]{.underline}. See Section
    550-1-100.A.

M.  [Night Pay Differential]{.underline}. See Section 550-1-80.A.

N.  [Overtime.]{.underline} See Section 550-1-50.A.

O.  [Physical hardship]{.underline}. Duty that may not in itself be
    hazardous, but causes extreme physical discomfort or distress and is
    not adequately alleviated by protective or mechanical devices, such
    as duty involving exposure to extreme temperatures for a long period
    of time, arduous physical exertion, or exposure to fumes, dust, or
    noise that causes nausea, skin, eye, ear, or nose irritation.

P.  [Premium Pay]{.underline}. The dollar value of earned hours of
    compensatory time off and additional pay authorized by the relevant
    statute and regulation for overtime, night, Sunday or holiday work;
    or for standby duty, administratively uncontrollable overtime work,
    or availability duty. This excludes overtime pay paid to Fair Labor
    Standards Act (FLSA) non-exempt employees and compensatory time off
    earned in lieu of such overtime pay.

Q.  [Preshift and Postshift Activity]{.underline}. See Section
    550-1-50.D.

R.  [Regular overtime work]{.underline}. Overtime work that is part of
    an employee\'s regularly scheduled administrative workweek.

S.  [Regularly scheduled administrative workweek]{.underline}. The
    period within an administrative workweek during which the employee
    (including full-time and part-time) is regularly scheduled to work.

T.  [Regularly scheduled standby duty pay]{.underline}. See Section
    550-1-60.A.

U.  [Regularly scheduled work]{.underline}. Work that is scheduled *in
    advance* of an administrative workweek for purposes of establishing
    workweeks. The 40 hour work schedule and flexible or compressed work
    schedules are typical pre-scheduled work tours of duty. All work
    performed by an employee within the pre-scheduled work tour of duty
    is considered regularly scheduled work for premium pay and hours of
    duty purposes.

V.  [Sunday Premium Pay]{.underline}. See Section 550-1-80.C.

W.  Tour of Duty. The hours of a day (a daily tour of duty) and the days
    of an administrative workweek (a weekly tour of duty) that
    constitute an employee's regularly scheduled administrative
    workweek.

X.  Unscheduled Duty Hours. For the purposes of availability pay,
    unscheduled duty hours are those hours, during which a criminal
    investigator performs work, or is determined by the employing agency
    to be available for work, that are not:

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1.  Part of the 40 hour basic workweek of the investigator, or

2.  Regularly scheduled compensated overtime hours that were scheduled
    in advance of the investigator's administrative workweek.

**550-1-40 RESPONSIBILITIES**

A.  Office of Human Resources (OHR), Assistant Secretary for
    Administration and Management (ASAM), is responsible for:

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1.  Updating and maintaining this policy;

2.  Advising operating Human Resources organizations on the
    administration of premium pay;

3.  Coordinating HHS reports to the Office of Personnel Management (OPM)
    on the administration of premium pay;

4.  Reviewing OPDIV requests for exceptions to premium pay regulations;
    and

5.  Upon concurrence, forwarding such requests to OPM for official
    authorization for exceptions to premium pay regulations.

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B.  Operating Divisions (OPDIVs) are responsible for:

    1.  Ensuring the compliance of the requirements of this policy
        within their respective organizations;

    2.  Determining when a situation is an emergency which poses a
        direct threat to life or property;

    3.  Establishing a process to ensure that all requirements for
        authorizing premium pay are properly approved, recorded, and
        documented. Documentation must be maintained with time and
        attendance data for six years; and

    4.  Submitting to Operating Human Resources organizations requests
        for exceptions to premium pay guidance.

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C.  Operating Human Resources organizations (OHROs) are responsible for:

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1.  Advising OPDIVs on the use of premium pay;

2.  Calculating the proper amounts for premium pay;

3.  Making determinations regarding the applicability and qualifications
    of specific situations and employees for hazard pay eligibility; and

4.  Reviewing OPDIV requests for exceptions to Premium Pay guidance and
    forwarding for consideration, when appropriate, to OHR.

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D.  Supervisors are responsible for considering and approving in advance
    and in writing, overtime work, compensatory time, and all other work
    resulting in premium pay compensation.

E. Timekeepers are responsible for recording, documenting, and
maintaining overtime usage records along with time and attendance data
for six years.

**550-1-50 Overtime, Compensatory Time Off, Call-Back Overtime, Preshift
and**

> **Postshift Activity**

A.  Overtime. Overtime is work approved or officially ordered, and
    performed by an employee in excess of 8 hours a day or in excess of
    40 hours in an administrative workweek.

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1.  The following are exceptions to the above rule:

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a.  Employees who are authorized to work compressed workweeks receive
    overtime pay for work in excess of those specified hours that
    constitute the compressed schedule (i.e., over 8 hours if their
    scheduled day is an 8 hour day, over 9 hours if their scheduled day
    is a 9 hour day).

b.  Employees authorized to work flexible schedules and for whom credit
    hours are applicable receive overtime pay only for hours which are
    not credit hours.

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2.  Overtime Pay. For employees with rates of basic pay equal to or less
    than the rate of basic pay for GS-10, step 1, the overtime hourly
    rate is the employee's hourly rate of basic pay multiplied by 1.5.
    For employees with rates of basic pay greater than the basic pay for
    GS-10, step 1, the overtime hourly rate is the *greater* of (a) the
    hourly rate of basic pay for GS-10, step 1, multiplied by 1.5,
    or (b) the employee's hourly rate of basic pay.

3.  Employees may not be compensated for overtime unless the work is
    authorized both in advance and in writing. In emergencies, employees
    may be ordered to work overtime without prior approval, provided
    approval is documented the next workday.

4.  For employees on non-reimbursable details outside the Department,
    OPDIVs must ensure that a clear understanding exists with the
    gaining organization with respect to when overtime may be worked and
    whether the cost of any overtime will be reimbursed.

    B.  Compensatory Time Off. Time off with pay in lieu of overtime pay
        for irregular or occasional overtime work

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1.  Except for compensatory time off for religious observances or
    compensatory time off related to travel, compensatory time may only
    be substituted for pay for irregular or occasional overtime, i.e.,
    overtime work that is not part of an employee's regularly scheduled
    administrative workweek.

2.  FLSA-exempt employees whose basic rate of pay exceeds GS-10, step 10
    may be compensated for irregular or occasional overtime with an
    equivalent amount of compensatory time off instead of overtime pay.

3.  An employee must use accrued compensatory time off by the end of the
    26th pay period after the pay period during which it was earned. If
    accrued compensatory time off is not used by an employee within 26
    pay periods or if the employee transfers to another agency or
    separates from Federal service before the expiration of the 26 pay
    period time limit, the employee must be paid for the earned
    compensatory time off at the overtime rate in effect when earned.

4.  An employee must be paid for compensatory time off not used by the
    end of the 26th pay period after the pay period during which it was
    earned at the overtime rate in effect when earned if the employee is
    unable to use the compensatory time off because of placement in a
    leave without pay status (LWOP). The LWOP status may be a result
    of: 1) The performance of duties in a uniformed service; or 2) An
    on-the-job injury with entitlement to injury compensation.

5\. Compensatory time is subject to the same maximum pay limitation as
is overtime (see Section 550-1-110 E.)

C. Call-Back Overtime. Call-back overtime occurs when employees are
required to return to work after leaving the work site or to perform
overtime work on a day for which they are not scheduled to work.

1.  A minimum of two hours overtime is credited, even though the
    employee may perform no work after returning to the work site. It is
    possible to have several call-backs in a 24-hour period. Each
    call-back is individually payable until the aggregate pay for exempt
    employees totals the maximum payable rate for grade GS-15 in a pay
    period. (There is no maximum pay limit for FLSA non-exempt and wage
    grade employees.)

2.  Because call-back work is irregular/occasional overtime work,
    compensatory time off may be substituted for overtime pay at the
    employee\'s request. The employee receives a minimum of two hours
    compensatory time per call-back.

3.  Call-backs on a holiday are paid at the holiday rate for hours which
    correspond to the employee\'s regularly scheduled work time. Outside
    these hours, call-backs are paid at the authorized overtime rate of
    pay.

D. Preshift and Postshift Activity. Preshift activity is a preparatory
activity an employee performs prior to the commencement of the
employee's principal activities. Postshift activity is a concluding
activity an employee performs after the completion of the employee's
principal activities.

> Employees who perform preshift or postshift activities outside their
> daily scheduled tour of duty must be compensated with irregular or
> occasional overtime, if all of the following criteria are met:

1.  The preshift or postshift activity is closely related to the
    employee's principal activities and is indispensable in the
    performance of the principal activities;

2.  The preshift or postshift activity requires a time of more than 15
    minutes (i.e., at least 11 minutes) a day; and

3.  The time period for the preshift or postshift activity has to be
    scheduled by an official with authority to approve irregular or
    occasional overtime. The overtime credited must not exceed the time
    scheduled.

**550-1-60 REGULARLY SCHEDULED STANDBY DUTY PAY**

A.  Regularly scheduled standby duty pay. Regularly scheduled standby
    duty pay is approved premium pay on an annual basis for an employee
    in lieu of regularly scheduled overtime, night, holiday, and Sunday
    pay. It is sometimes referred to as standby duty premium pay,
    standby premium pay, or standby pay.

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B.  Standby duty premium pay is appropriate when an employee is required
    to remain at, or within the confines of, a duty station longer than
    ordinary periods of duty, a substantial part of which consists of
    remaining in a standby status rather than performing work. Standby
    duty includes periods of time during which no work is performed
    while the employee is waiting for an event to occur which will
    require his/her attention. The pay covers both non-work and work
    times. In contrast, employees who are \"on call\" are paid only when
    they perform work; if called to work, they receive call-back
    overtime.

C.  Standby duty pay equals 25% of rate of basic pay, including locality
    pay. Because availability pay is premium pay, it is subject to the
    biweekly maximum limitation on premium pay.

D.  Standby duty is associated with an employee\'s regularly assigned
    duties. The hours during which standby duty is required must be
    included in the employee's tour of duty. This tour of duty must be
    established on a regularly recurring basis over a substantial period
    of time. The result is that standby pay becomes basic pay and the
    extra pay earned is creditable for retirement and life insurance
    purposes only; it is not basic pay for overtime purposes. Because of
    this effect, OHROs must issue a Standard Form 50, Notification of
    Personnel Action, for every employee authorized regularly scheduled
    standby pay.

E.  Premium pay for standby duty is in lieu of all other premium pay,
    including regularly scheduled overtime, holiday pay, night pay
    differential, and Sunday premium pay. However, standby duty pay is
    not in lieu of irregular or occasional overtime that is authorized
    and ordered in excess of the regularly scheduled standby duty.
    Employees on standby duty may be paid overtime or receive
    compensatory time for irregular or occasional overtime work.

F.  An employee whose standby duty includes a holiday is still on
    standby duty during the holiday. The employee must be excused from
    work on the holiday when he/she is not needed that day. If the
    employee is absent during the holiday and has not been excused
    because (s)he is not needed that day, the employee must be charged
    annual leave, sick leave, leave without pay, or absence without
    leave, as appropriate.

**550-1-70 PAY FOR ADMINISTRATIVELY UNCONTROLLABLE WORK**

A.  Administratively uncontrollable work. Administratively
    uncontrollable work (AUW) is work in which the hours of duty cannot
    be controlled administratively and which requires substantial
    amounts of irregular or occasional overtime work, with the employee
    generally being responsible for recognizing, without supervision,
    circumstances which require the employee to remain on duty.

B.  AUW is paid on an annual basis determined by a percentage of the
    employee's rate of basic pay and the average number of hours a week
    of irregular or occasional overtime work. Premium pay is determined
    as an appropriate percentage, not less than 10 percent nor more than
    25 percent, of the employee's rate of basic pay.

**550-1-80 NIGHT PAY DIFFERENTIAL, HOLIDAY PAY, SUNDAY PAY**

A.  Night Pay Differential is pay for nightwork. Nightwork is regularly
    scheduled work performed by an employee between the hours of 6 p.m.
    and 6 a.m. Except as otherwise provided in this section, an employee
    who performs nightwork is entitled to pay for that work at his or
    her rate of basic pay plus a night pay differential amounting to 10
    percent of his or her rate of basic pay..

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1.  Night pay differential for GS employees is 10 percent of their
    scheduled pay rate regardless of grade. This pay differential is
    paid for any *regularly* scheduled work performed between 6:00 p.m.
    and 6:00 a.m.

2.  Night pay differential is paid in addition to overtime, Sunday, or
    holiday premium** **pay.

3.  Care must be taken to distinguish between irregular or occasional
    overtime work at night and a temporary change in a daily tour of
    duty. An employee may be temporarily assigned to a daily tour of
    duty that includes night work. In this circumstance, the employee is
    entitled to a night pay differential, even when the scheduling of
    the assignment occurs within the administrative workweek.

4.  An employee with a total amount of paid leave of eight hours or more
    during a pay period, day or night, cannot earn a night pay
    differential for that leave period.

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B.  Holiday Premium Pay. Holiday Pay is pay for work performed on a
    holiday during hours which correspond to regularly scheduled hours
    of duty.

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1.  Double time is the basic pay normally received for the holiday.
    Overtime work performed in excess of eight hours on a holiday is
    paid on the basis of time and one-half for full-time employees in
    accordance with 5 U.S.C. § 5542(a). An employee who is required to
    report for work on a holiday is paid for at least two hours, whether
    or not work is actually performed.

2.  Employees on fixed compressed schedules receive pay for work on a
    holiday not to exceed the number of hours of the compressed work
    schedule for that day. Hours in excess of scheduled work
    requirements for that day are paid at the overtime pay rate and in
    accordance with overtime pay rules. Employees on flexible schedules
    may not receive holiday pay for more than eight hours.

3.  Pay for work on a holiday for part-time employees is applicable only
    to their regularly scheduled tour of duty for the day on which the
    holiday occurs, provided that day is one of their scheduled work
    days. Work in excess of the employees scheduled tour of duty is paid
    at the basic rate, not to exceed eight hours. Work in excess of
    eight hours is paid at the overtime rate of pay.

4.  All holiday work must be approved in advance and in writing. Each
    OPDIV is required to ensure that holiday premium pay (like overtime)
    is properly approved, recorded, and documented. Documentation must
    be maintained with time and attendance data for six years.

    C.  Sunday Premium Pay. Sunday premium pay (also referred to as
        Sunday pay differential) is paid to full-time employees for
        non-overtime, regularly scheduled work when any part of that
        daily tour of duty is on a Sunday. Sunday premium pay is not
        authorized for part-time or intermittent employees.

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1.  A full-time employee is entitled to pay at his or her rate of basic
    pay plus premium pay at a rate equal to 25 percent of his or her
    rate of basic pay for each hour of Sunday work.

2.  Sunday must be a part of the employee\'s regularly scheduled tour in
    order for the employee to receive Sunday premium pay.

3.  An employee is not entitled to Sunday premium pay while engaged in
    training, except when the employee is given training during a period
    of duty for which he or she is already receiving premium pay. This
    exception does not apply to an employee assigned to full-time
    training at institutions of higher learning.

4.  Sunday premium pay is not paid for overtime hours, only for the
    regularly scheduled tour hours. Sunday premium pay hours begin at
    12:01 a.m., Sunday morning, and continues until 12 midnight, Sunday
    night. If an employee\'s regular schedule starts at 12:01 a.m.
    Monday, that employee *does not* earn Sunday premium pay. If *any
    part* of the daily tour of duty falls on Sunday, the *entire tour*
    for that day is considered to be Sunday work. For example, if an
    employee works 8 hours during a basic tour of duty that begins on
    Saturday and ends on Sunday, and also works 8 hours during a basic
    tour of duty that begins on the same Sunday and ends on Monday, the
    employee is entitled to 16 hours of Sunday premium pay.

**550-1-90 HAZARDOUS PAY DIFFERENTIAL**

A.  Hazardous pay differential. Hazardous pay differential is additional
    pay for the performance of hazardous duty and duty involving
    physical hardship. Efforts to avoid and protect employees from such
    hazards, physical hardships, or working conditions is of utmost
    priority. Pay differential should only be made where such exposure
    is unavoidable.

B.  Hazardous pay differential may not be more than 25 percent of the
    employee's rate of basic pay. OHROs are responsible for making
    determinations regarding whether specific situations and the
    employee qualify for hazard pay differential. Determinations should
    be based on the position and justified in the evaluation statement.
    If the issue is not addressed in the documentation, the presumption
    is that hazardous duty pay is payable. Employee entitlement is
    recorded on the SF-50B, Notification of Personnel Action.

C.  Requests to designate additional hazardous duty exposure situations
    other than those identified in 5 CFR 550, Appendix A, Subpart I,
    should be submitted by the OPDIV Head through their OHRO for
    ASAM/OHR endorsement prior to submission to OPM for approval.

**550-1-100 LAW ENFORCEMENT AVAILABILITY PAY**

A.  Law Enforcement Availability Pay. Law Enforcement Availability Pay
    (LEAP) is pay to compensate criminal investigators for unscheduled
    duty in excess of the 40 hour workweek based on the needs of the
    employing agency. It is paid only for periods of time during which
    the criminal investigator receives basic pay. LEAP is the lesser of:

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1.  Twenty (25%) percent of an employee's basic rate of pay; or

2.  The biweekly pay limitation.

B. LEAP is paid on an annual premium pay basis in lieu of standby duty
pay, administratively uncontrollable overtime pay, and irregular or
occasional pay overtime pay. Criminal investigators receiving LEAP may
earn overtime pay for regularly scheduled overtime, excluding the first
two hours of overtime work on any regular workday.

C.  The criminal investigator must meet the "substantial hours
    requirement" which is an annual average number of hours of
    unscheduled duty per regular workday of two hours or more.
    Unscheduled duty hours include hours not part of the 40 hour basic
    workweek of the criminal investigator and not a part of compensated
    regularly scheduled overtime hours.

D.  The criminal investigator must be determined to be generally and
    reasonably accessible to perform unscheduled duty based on the needs
    of the OPDIV. The criminal investigator and the supervisor must
    annually certify that he/she currently meets, and is expected to
    continue to meet, the "substantial hours" requirement.

**550-1-110 PAY LIMITATIONS**

A.  Biweekly pay. Biweekly pay is limited by the amount of premium pay
    that can be paid during a biweekly pay period. Premium pay cannot be
    paid to General Schedule employees (including law enforcement
    officers and other covered employees) which would cause an
    employee's basic pay, overtime pay, the dollar value of compensatory
    time off, night pay, annual premium pay, Sunday premium pay, and
    holiday premium pay to exceed the **greater** of the biweekly rate
    for:

1\. GS-15, step 10 (including any applicable special salary rate or
locality rate of pay);\
     or

2\. level V of the Executive Schedule.

B.  Emergency situations. The limitation for a pay period may be
    exceeded in emergency situations which pose a direct threat to life
    or property. OPDIVs have the authority to make emergency
    determinations. Even when an emergency determination is made, the
    annual maximum earnings limitation cannot exceed the **greater** of
    the **annual** rate (1) for a GS-15 (including any applicable
    locality payment or special rate supplement), or (2) for level V of
    the Executive Schedule in effect on the last day of the calendar
    year.

C.  Other. The following types of premium pay remain subject to a
    biweekly limitation when other premium payments are subject to an
    annual limitation:

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1.  Standby duty pay;

2.  Administratively uncontrollable overtime pay;

3.  Availability pay for criminal investigators

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D.  Law enforcement officers. The maximum limitation is either 150
    percent of the minimum rate for GS-15 or the rate for Level V of the
    Executive Schedule, whichever is less.

E.  Compensatory time. The biweekly pay limitation in is also a ceiling
    on compensatory time off. Compensatory time off is merely an
    alternative form of payment for overtime work. An employee may not
    exceed the biweekly pay limitation by choosing compensatory time off
    as a substitute for monetary overtime pay.

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1.  For FLSA-exempt employees, an employee\'s total biweekly pay (the
    basic pay plus premium pay, plus the compensatory hours earned, plus
    the compensatory hours balance already accrued which was carried
    over) cannot exceed the greater of the biweekly rate (1) for a
    GS-15, step 10 (including any applicable locality payment or special
    rate supplement), or (2) for level V of the Executive Schedule.

2.  At no time may the number of compensatory hours accumulate beyond
    the number that would allow the FLSA-exempt employee\'s biweekly pay
    to equal that of a GS-15, Step 10, employee. For FLSA non-exempt
    employees, the dollar value of compensatory time off when it is
    liquidated, or for the purpose of applying pay limitations, is the
    amount of overtime pay the employee otherwise would have received
    for the hours of the pay period during which compensatory time off
    was earned by performing overtime work.

**550-1-120 DOCUMENTATION AND ACCOUNTABILITY**

A.  Documentation

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1.  For employees on non-reimbursable details outside the Department,
    OPDIVs must provide written documentation to the gaining
    organization regarding when overtime may be worked and whether the
    cost of any overtime will be reimbursed.

2.  Each OPDIV is required to ensure that premium pay is properly
    approved, recorded, and documented. Documentation must be maintained
    with time and attendance data for six years.

3.  Each OPDIV must maintain documentation of all determinations of
    emergency situations.

4.  OHROs must issue a Standard Form 50, Notification of Personnel
    Action, for employees authorized premium pay related to regularly
    scheduled standby pay, administratively uncontrollable work, and
    hazardous duty pay.

5.  Supervisors will document all authorized overtime, holiday work, and
    standby pay in advance and in writing. All emergency work which is
    approved must be documented the next work day.

    B.  Accountability

The Office of Human Resources will conduct periodic accountability
reviews to analyze OPDIV and OHRO compliance with the requirements of
this Instruction.