§ 158.705 Work scheduling. ( a ) *Work scheduling system.* The Secretary or designee establishes and administers a work scheduling system for DHS-CS employees to ensure: ( 1 ) Agility for the Department in scheduling DHS-CS cybersecurity work to execute the DHS cybersecurity mission;
( 2 ) Availability of DHS-CS employees to perform the DHS-CS cybersecurity work of their assignments;
( 3 ) Clear expectations for DHS-CS employees about when they are expected to perform DHS-CS cybersecurity work associated with their assignments;
( 4 ) Flexibility for DHS-CS employees in scheduling and performing DHS-CS cybersecurity work associated with their assignments; and
( 5 ) Recording of, accounting for, and monitoring of hours worked by DHS-CS employees.
( b ) *Definitions.* For purposes of this section— ( 1 ) *Work period* means a two-week period of 14 consecutive days that begins on a Sunday and ends on a Saturday, and is the equivalent of a *biweekly pay period* defined in 5 U.S.C. 5504 and 5 CFR part 550, subpart F.
( 2 ) *Minimum hours of work* means the minimum number of hours that a DHS-CS employee is required to work, or account for with time-off, during a work period, and is the equivalent to the term *basic work requirement* defined in 5 U.S.C. 6121.
( 3 ) *Time-off* means leave under § 158.651, time-off under § 158.652, and recognition time-off under § 158.633, or other time-off of duty available for DHS-CS employees.
( 4 ) *Full-time schedule* means 80 hours per work period.
( 5 ) *Part-time schedule* means a specified number of hours less than 80 hours per work period. When DHS-CS cybersecurity work associated with a DHS-CS employee's assignment regularly requires the DHS-CS employee to exceed that employee's specified number of hours per work period, the Department considers, with input from the employee and the employee's supervisor, whether to change the employee's work schedule from part-time to full-time to ensure appropriate compensation under this part, including accrual of leave under § 158.651 and the DHS-CS employee's share of health benefits premiums provided under § 158.653.
( 6 ) *Contingent schedule* means an irregular number of hours up to 80 hours per work period. A contingent schedule is appropriate only when the DHS-CS cybersecurity work associated with a DHS-CS employee's assignment is sporadic and cannot be regularly scheduled in advance. When DHS-CS cybersecurity work associated with a DHS-CS employee's assignment is able to be scheduled in advance on a regular basis, the Department changes the employee's work schedule from contingent to part-time or full-time, as appropriate, to ensure appropriate compensation under this part, including accrual of leave under § 158.651 and the DHS-CS employee's share of health benefits premiums provided under § 158.653.
( c ) *Employee work schedules.* ( 1 ) A DHS-CS employee's work schedule, and any minimum hours of work associated with the employee's schedule, is determined at the time of appointment and recorded as part of documenting the employee's appointment to a qualified position under § 158.706. A DHS-CS employee on a contingent schedule does not have a minimum number of hours of work but has a maximum number of total hours for the employee's appointment that is determined at the time of appointment and recorded as part of documenting the employee's appointment to a qualified position under § 158.706.
( 2 ) A DHS-CS employee's work schedule, and any minimum hours of work, may change during the employee's service in a qualified position and the Department records any such changes in the documentation associated with the employee's qualified position under § 158.706.
( d ) *Work schedule requirements.* ( 1 ) DHS-CS employees are expected to perform DHS-CS cybersecurity work associated with their assignments to execute the DHS cybersecurity mission, especially in response to exigent circumstances and emergencies, including cybersecurity incidents defined in 6 U.S.C. 659, without entitlement to more compensation than the employee's salary described in § 158.603. Hours worked by a DHS-CS employee that exceed the employee's minimum hours of work do not affect the employee's salary or result in any automatic compensation, including a type of additional compensation.
( 2 ) A DHS-CS employee on a full-time schedule is expected to work at least 80 hours per work period.
( 3 ) A DHS-CS employee on a part-time schedule is expected to work at least the employee's specified number of hours of work per work period.
( 4 ) A DHS-CS employee on a contingent schedule is expected to work as necessary to perform the DHS-CS cybersecurity work associated with the employee's assignment, not to exceed the maximum number of total hours for the employee's appointment.
( 5 ) DHS-CS employees must report hours worked by the employee. The Department monitors such hours for purposes of managing the DHS-CS, including considering any changes to DHS-CS employees' schedules, and administering compensation, including assisting in consideration of any additional compensation for DHS-CS employees under § 158.642.
( 6 ) A DHS-CS employee on a full-time schedule or a part-time schedule must account for minimum hours of work by the conclusion of the last day of the work period. If the hours worked by the employee are less than the employee's minimum hours of work, the employee must use time-off approved by the employee's supervisor, or must be placed in an appropriate non-pay status for the purposes described in paragraphs (a)(1) and (2) of this section, to account for the difference between hours actually worked by the employee and the employee's minimum hours of work.
( 7 ) A DHS-CS employee on a full-time schedule or a part-time schedule, in coordination with the employee's supervisor, may adjust when work hours are completed in a given work period, to ensure time-off for religious observance, while also completing minimum hours of work. A DHS-CS employee on a contingent schedule, in coordination with the employee's supervisor, may adjust when work hours are completed to ensure time-off for religious observance.
( e ) *Hours worked and compensation.* The Department uses the work scheduling system described in this section in administering compensation under this part, especially salary administration described in § 158.622 and the compensation described in §§ 158.642, 158.650, 158.651, and 158.652. In alignment with the compensation strategy, described in § 158.601, the work scheduling system: ( 1 ) Acknowledges the unpredictable nature of cybersecurity work and the expectation described in § 158.601(c) about working unusual hours and extended hours as needed; and
( 2 ) Reflects an understanding of the cybersecurity talent market, especially current work expectations and arrangements.
( f ) *Policy.* CTMS policy implementing this section addresses: ( 1 ) Procedures for determining, recording, and updating as necessary, DHS-CS employees' work schedules;
( 2 ) Procedures for selecting and communicating anticipated work hours in advance and communicating variances from those work hours;
( 3 ) Requirements regarding reporting and monitoring hours worked;
( 4 ) Procedures for accounting for minimum hours of work; and
( 5 ) Other work scheduling requirements for DHS-CS employees, including DHS-CS employees supporting specific DHS organizations. Such requirements may include designated days, hours, core hours, or limits on the number of work hours per day;