[Material Transmitted]{.underline}:

Department of Health and Human Services (HHS) Instruction 610-1,
Establishing and Administering Hours of Duty dated May 8, 2008.

[Material Superseded]{.underline}:

HHS Instruction 610-1, Establishing and Administering Work Hours, Work
Weeks, and Work Schedules, dated June 17, 1996.

[Background]{.underline}:

The attached Instruction has been revised consistent with changes in the
organization of the Department of Health and Human Services (DHHS) and
Office of Personnel Management (OPM) regulations contained in 5 CFR 610.

This Instruction establishes Departmental policy on hours of duty and
clarifies roles and responsibilities for administering hours of duty
within the Department. The former Instruction merely delegated the
authority to Operating Divisions.

This issuance is effective immediately. Implementation of this issuance
must be carried out in accordance with applicable laws, regulations,
Departmental policies, and collective bargaining obligations.

Antonia T. Harris

Deputy Assistant Secretary for Human Resources

Assistant Secretary for Administration and

Management

INSTRUCTION 610-1

**SUBJECT: ESTABLISHING AND ADMINISTERING HOURS OF DUTY**

610-1-00 Purpose

610-1-10 References

610-1-20 Coverage and Exclusions

610-1-30 Definitions

610-1-40 Roles and Responsibilities

610-1-50 Weekly and Daily Scheduling of Work

610-1-60 Holidays

610-1-70 Lunch Breaks and Breaks

**610-1-00 PURPOSE**

This Instruction promulgates policy on the establishment of workweeks,
work schedules, and related matters in order for the Department of
Health and Human Services (HHS) to plan and schedule work consistent
with the actual work requirements needed to accomplish its mission.

**610-1-10 REFERENCES**

A.  5 USC § 6101-6133 (Hours of Work)

B.  5 CFR Part 610 (Hours of Duty)

C.  5 CFR Part 630 (Absence and Leave)

D.  Executive Order 11582 (Observance of Holidays by Government
    Agencies, February 11, 1971)

E.  HHS Instruction 630-1 (Leave and Excused Absences)

F.  HHS Guide for Timekeeping

**610-1-20 COVERAGE AND EXCLUSIONS**

A. Coverage

The provisions of this Instruction apply to all Departmental employees
including Federal Wage System employees.

B. Exclusions.

1.  This Instruction does not apply to the U.S. Public Health Service
    Commissioned Corp and members of the Senior Executive Service (SES).

2.  Departmental policies on alternate work schedules (AWS), telework or
    telecommuting, and dismissals and closures are covered in separate
    policy issuances.

3.  The provisions of this Instruction pertaining to conditions of
    employment are fully negotiable in accordance with 5 USC Chapter 71.
    Therefore, when the provisions of this Instruction differ from the
    requirements contained in applicable collective bargaining
    agreement(s), the agreement takes precedence for bargaining unit
    employees.

**610-1-30 DEFINITIONS**

A.  [Administrative Workweek]{.underline}. Any period of seven (7)
    consecutive 24-hour periods as designated by the Secretary or
    his/her designee(s).

B.  [Alternative Work Schedule (AWS)]{.underline}. Includes both
    flexible and compressed work schedules; however, there is no
    authority to combine the benefits of both work schedules to create a
    hybrid work schedule. An employee may be authorized either a
    flexible or compressed work schedule, but not both.

C.  [Basic Workweek]{.underline}. For full-time employees, it is a
    40-hour workweek, Monday through Friday, 8 hours a day, with two
    consecutive days off on Saturday and Sunday; for part-time
    employees, the officially prescribed days and hours within the
    administrative workweek during which the employee is scheduled to
    work.

D.  [Compressed Work Schedule (CWS)]{.underline}. For full-time
    employees, an 80-hour biweekly work requirement which is scheduled
    for less than 10 workdays; for part-time employees, a basic biweekly
    requirement of less than 80 hours which is scheduled for less than
    10 workdays. In essence, a fixed work schedule that enables an
    employee to fulfill the basic 80-hour biweekly work requirement in
    less than 10 workdays.

E.  [Core hours]{.underline}. The time periods during the workday,
    workweek, or pay period that are within the tour of duty during
    which an employee covered by a flexible work schedule is required by
    the agency to be present for work. Employees on a compressed work
    schedule must work a fixed work schedule.

F.  [Flexible Work Schedule (FWS)]{.underline}. A work schedule which
    allows an employee to: vary his or her arrival and departure time;
    earn credit hours within limits set by the Department; and establish
    a tour of duty that generally consists of 8 hours per day, 40 hours
    per week.

G.  [Regularly Scheduled Administrative Workweek]{.underline}. For
    full-time employees, it is the period within an administrative
    workweek, in which an employee is regularly scheduled to work. For
    part-time employees, it is the officially prescribed days and hours
    within an administrative workweek during which an employee is
    regularly scheduled to work.

H.  [Regularly Scheduled Work]{.underline}. Work that is scheduled in
    advance of the administrative workweek and includes both regular and
    overtime hours consistent with HHS policy and applicable collective
    bargaining agreements.

I.  [Tour of duty]{.underline}. The hours of a day (a daily tour of
    duty) and the days of an administrative workweek (a weekly tour of
    duty) that comprise an employee's regularly scheduled administrative
    workweek.

    40. **ROLES AND RESPONSIBILITIES**

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A.  The Office of Human Resources (OHR), Assistant Secretary for
    Administration and Management (ASAM), is responsible for developing,
    issuing, interpreting and administering the provisions of this
    Instruction for the Department.

B. Operating Divisions (OPDIV) are responsible for:

1.  Establishing and publishing supplemental policy on the
    administrative workweek for full-time employees that includes a
    40-hour basic workweek consisting of five (5) consecutive, 8-hour
    days, Monday through Friday, including the hours of duty.

2.  Authorizing exceptions to the basic workweek to include the
    establishment of first 40-hour tours of duty or other uncommon tours
    of duty tailored to mission requirements (i.e. tours of duty
    requiring shift or rotational tours of duty).

3.  Ensuring that regularly scheduled overtime is used prudently and
    that it is requested in writing and approved in advance of the
    administrative workweek, where practicable.

4.  Tracking and recording hours worked, leave usage, overtime, credit
    hours, compensatory time and other forms of paid and non-paid duty
    status.

5.  Authorizing variations in work schedules for educational purposes
    and other circumstances consistent with mission objectives.

6.  Approving, modifying, or terminating alternative work schedules in
    accordance with HHS policy and applicable collective bargaining
    agreements.

**610-1-50 WEEKLY AND DAILY SCHEDULING OF WORK**

A. Basic Work Schedule.

1.  HHS shall observe an administrative workweek that consists of
    seven (7) consecutive calendar days which run from 12:01 a.m. Sunday
    to 12:00 midnight Saturday.

2.  The basic workweek shall consist of 40-hours over five (5)
    consecutive days.

3.  The tour of duty during the administrative workweek shall be from
    Monday through Friday, eight (8) hours per day with two consecutive
    days off on Saturday and Sunday.

4.  The official hours of duty are from 8:30 a.m. to 5:00 p.m., which
    includes a 30-minute lunch break that is generally taken between
    11:00 a.m. and 2:00 p.m. unless a negotiated agreement specifies a
    different lunch time-frame. The lunch break must be taken daily and
    cannot be forgone in order to shorten the daily tour of duty, unless
    an exception is approved by an authorized management official.
    OPDIVs may vary the official hours of work, the length of the lunch
    break, and the time-frame during which lunch breaks may be taken
    based on mission requirements and consistent with applicable law,
    regulations, HHS policies and applicable collective bargaining
    agreements.

5.  In consultation with their supervisors, employees may establish
    alternate work schedules (including flexible work schedules or
    compressed work schedules) which differ from the official hours of
    duty. However, employees may be required to be present for duty
    during the OPDIV's established core hours.

6.  Nontraditional work schedules may be authorized based on mission
    requirements and when it is impractical or more costly to require
    employees to work a traditional work schedule.

7.  Changes in work schedules are subject to collective bargaining with
    recognized labor organizations.

    B.  OPDIVs may establish supplemental written policies on scheduling
        work as needed to accomplish the mission of the organization.

    C.  OPDIVs shall schedule work according to the actual work
        requirements. When changes in work requirements are known in
        advance of the administrative week, authorized OPDIV officials
        shall change employees' tours of duty and notify employees of
        changes prior to the beginning of the administrative workweek.
        By proper planning and scheduling of work, organizational
        performance is improved while reducing the cost of overtime.

    D.  When it is impractical to prescribe a regular schedule of
        definite hours of duty for each tour of duty, OPDIVs may
        authorize uncommon tours of duty consistent with mission
        requirements.

    E.  When standby duty covers a period of 24 consecutive hours
        (except in cases of emergencies), eight (8) of the 24 hours will
        be allocated for sleeping and eating, and the 8 hours allocated
        for sleeping and eating shall not be compensable as hours of
        work.

**610-1-60 HOLIDAYS**

A.  5 USC § 6103 and Executive Order 11582 govern the identification and
    determination of holidays. However, when a holiday falls on a
    non-work day, the day to be treated as a holiday for pay and leave
    purposes will be determined as follows:

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1.  When a holiday occurs on a Saturday, the Friday immediately before
    is a legal holiday (for employees whose basic workweek is Monday
    through Friday); or

2.  If the actual holiday falls on a Sunday, the in lieu of holiday will
    be the following workday (Monday for most employees).

3.  Except when the holiday falls on a Sunday, the in lieu of holiday is
    the next basic workday; or

4.  For employees whose workweek is other than Monday through Friday and
    the holiday occurs on a non-workday, the in lieu of holiday is the
    workday immediately before the holiday.

5.  If Inauguration Day falls on a non-workday, there is no provision
    for an in lieu of holiday.

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B.  For employees who work a compressed work schedule, in lieu of
    holidays will be determined as follows, and subject to applicable
    collective bargaining agreements:

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1.  If the holiday is on Sunday and Monday is the employee's day off
    under CWS, Tuesday will be the employee's in lieu of holiday off.

2.  If the holiday falls on Monday and that is the employee's day off
    under CWS, the in lieu of holiday may be either the previous workday
    or the following workday.

3.  If the actual holiday falls on Friday or Saturday, employees whose
    day off under CWS is Friday would have an in lieu of day off on
    Thursday.

4.  OPDIVs may adjust in lieu of days off in other circumstances based
    on mission requirements and consistent with this Instruction and
    applicable collective bargaining agreements.

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C.  A part-time employee is entitled to a holiday when the holiday falls
    on a day when he/she would otherwise be required to work or take
    leave. This does not include overtime work. Part-time CWS employees
    are not entitled to an in lieu of holiday off when a holiday falls
    on a non-work day for the employee. However, when a part-time
    employee is prevented from working because the facility is closed to
    provide full-time employees an in-lieu-of holiday, the part-time
    employee may either be placed on an appropriate leave status or be
    excused (placed on administrative leave category or be excused
    without loss of pay for the number of hours he/she is regularly
    scheduled to work on that day).

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D.  Employees who are authorized to work a flexible work schedule shall
    receive a maximum credit for a holiday of eight (8) hours towards
    the 80-hour biweekly work requirement even if they would otherwise
    work more hours on that day. If the President issues an Executive
    Order granting a half-day holiday, a full-time employee on a
    flexible work schedule is credited with half the number of hours
    he/she was scheduled to work, not to exceed four (4) hours.
    Part-time employees who are excused from work on a holiday receive
    their rate of basic pay for the hours they are regularly scheduled
    to work.

E.  On a holiday, employees assigned to a compressed work schedule are
    excused from all of the non-overtime hours they would otherwise work
    on that day and which apply to their "basic work requirement". For
    example if an employee's basic tour of duty consists of a 9 or
    10-hour workday, the employee's holiday is 9 or 10 hours
    respectively. If the President authorizes a half-day holiday, a
    full-time employee on a compressed work schedule is entitled to
    basic pay for half the number of hours he/she would otherwise work
    on that day.

F.  When an employee's regularly scheduled tour of duty includes two
    shifts, which begins during the same 24-hour period, holiday
    benefits shall apply to the calendar day on which the first shift
    begins.

**610-1-70 LUNCH BREAKS AND BREAKS**

A.  A lunch break is an approved period of time in a non-pay and
    non-work status that interrupts a basic workday or a period of
    overtime work for the purpose of allowing an employee to eat or
    engage in personal activities. Employees who work five (5) or more
    hours in a day are allocated a 30-minute lunch break. OPDIVs may
    make exceptions to the 30-minute lunch break based on work
    priorities and requirements. Employees must take a lunch break and
    may not save any part of the thirty (30) minutes in order to leave
    early or extend subsequent lunch periods, unless an exception is
    authorized by the supervisor or other approving official.

B.  At the discretion of an OPDIV management official, and subject to
    collective bargaining for unit employees, management may authorize a
    brief period of paid work-time off of 15 minutes or less to improve
    organizational and employee proficiency. However, breaks may not be
    scheduled immediately before or after a lunch break or at the start
    or end of the workday, and may not be accumulated for use at a later
    time or in lieu of paid leave.

C.  Employees on fixed work schedules, including CWS, are authorized 30
    minutes for lunch.

D.  Employees on flexible work schedules may request supervisory
    approval to extend the lunch period and make up the difference
    either at the beginning or ending of the same day. If the additional
    time would extend the employee's workday beyond the time in which
    he/she may earn credit hours, the extra time will be charged to
    annual leave, sick leave (if appropriate), credit hours, and/or
    accrued compensatory time.

E.  An employee must be excused from job duties during his/her lunch
    break. However, if an employee is recalled to job duties, the
    employee is entitled to be paid for compensable work in accordance
    with applicable law and regulation.

F.  Nonexempt firefighters and certain law enforcement personnel who
    receive annual premium pay for administratively uncontrollable work
    are entitled to compensation for lunch breaks, when such employees
    are not completely relieved from job duties. Bona lunch breaks for
    criminal investigators who receive law enforcement availability pay
    (LEAP) are not hours of work and as such are not compensable.