DEPARTMENT OF THE TREASURY

WASHINGTON, D.C. 20220

MEMORANDUM FOR: Treasury Bureau EEO Officers and EEO Staff

FROM: 

SUBJECT: 

Snider Page 

Acting Director, Office of Civil Rights and Diversity 

Requests for Official Time Question and Answer

The Equal Employment Opportunity Commission (EEOC) regulations on “official time” 

appear at 29 C.F.R. §1614.605(b). Corresponding EEOC guidance is primarily found 

at EEO Management Directive 110 (MD-110), Ch. 6, Section VII.C. (rev. Aug. 5, 2015). 

The Department of the Treasury's (Department or Treasury) guidance on processing 

official time requests can be found in the Office of Civil Rights and Diversity’s (OCRD)

Issuance System CRD-013, Processing Requests for Official Time in Pre-Complaints 

and Formal Complaints of Discrimination. The following points emerge from the 

relevant EEOC regulations, guidance, case law, and the Department's policy guidance. 

1. Who is entitled to official time?

Both the complainant and the representative (if the complainant designates one),

if they are employees of the bureau where the complaint arose and was filed, are

entitled to a reasonable amount official time to prepare the complaint and to

respond to agency (either the Department or EEOC) requests for information, if

otherwise on duty.1 29 C.F.R. § 1614.605(b); MD-110 at pp. 6-16 and 6-17 (6-

16/17).

2. What is considered a "reasonable amount" of official time?

"Reasonable" is defined as whatever is appropriate, under the particular

circumstances of the complaint, in order to allow a complete presentation of the

relevant information associated with the complaint and to respond to agency

requests for information. The actual number of hours to which complainant and

his/her representative are entitled will vary, depending on (a) the nature and

complexity of the complaint and (b) the mission of the bureau and the bureau’s

need to have its employees available to perform their normal duties on a regular

basis. The complainant and the bureau should arrive at a mutual understanding

as to the amount of official time to be used prior to the complainant's use of such

time. MD-110 at 6-16/17.

1 See Del Castillo v. Dep't of Homeland Security, EEOC Appeal No. 0120130341 (April 4, 2013) request 

for reconsideration denied, EEOC Request No. 0520130415 (September 20, 2013) (requests for official

time may be denied where a complainant requested sick leave for the same period that he requested 

official time, because sick leave is not considered "on duty" status).
2 

“Reasonable time” does not necessarily equate with all the time required for the 

successful pursuit of a complaint.2“Reasonable” is defined as whatever is

appropriate under the circumstances of the case, but bureaus may restrict the 

overall hours to the extent necessary to ensure that employees spend most of

their time doing the work for which they are employed.3 A complainant may be 

required to justify the amount of official time requested where the request is for 

a substantial number of hours.4

3. Should official time always be granted for time spent in meetings and

hearings with agency officials or with EEOC Administrative Judges?

Generally, yes. Whatever time is spent in such meetings and hearings is

automatically deemed reasonable. Both the complainant and the representative

are to be granted official time for the duration of such meetings or hearings and

are in a duty status (meaning it is automatically deemed to be their normal work

hours) regardless of their tour of duty. If a complainant or representative has

already worked a full week and must attend a hearing or meeting on an off day,

that complainant or representative is entitled to official time, which may require

the bureau to pay overtime. 29 C.F.R. § 1614.605(b); MD-110 at 6-17.

4. Can meetings or hearings be scheduled outside of the complainant's

normal working hours?

Yes, but it is expected that the bureau will, to the extent practical, schedule

meetings and hearings during the complainant's or representative's normal

working hours. If meetings, conferences, and hearings are scheduled outside of

the complainant's or the representative's normal work hours, agencies should

adjust or rearrange the complainant's or representative's work schedule to

coincide with such meetings or hearings or grant compensatory time or official

time to allow an approximately equivalent time off during normal hours of work.

The selection of the appropriate method for making the complainant or

representative available in any individual circumstance shall be within the

discretion of the bureau. MD-110 at 6-19.

5. May official time be approved for the Complainant to prepare for authorized

meetings or hearings, and/or to work on the formal complaint and any

appeals?

Yes. Since presentation of a complaint involves preparation for meetings and

hearings as well as attendance at such meetings and hearings, complainants

and their representatives are afforded a reasonable amount of official time to

prepare for meetings and hearings. They are also to be afforded a reasonable

2 See Brandon v. United States Postal Serv., EEOC Appeal No. 0120080803 (July 24, 2009) (finding that five 

hours was reasonable in preparing an appeal even though complainant requested 50 hours).

3 Matuszeski v. Dep't of Treasury, EEOC Appeal No. 01956479 (1997), request for reconsideration denied, 

EEOC Appeal No. 05980262 (April 22, 1999).

4 See Brown v. United States Postal Serv., EEOC Request No. 04940004, 4335/G2 (1995); Bodenheimer v. 

Dep't of Housing and Urban Dev., EEOC Appeal No. 01A52776 (July 20, 2006) (agency is entitled to a 

reasonable explanation of how the employee plans to use the official time requested).
3 

amount of official time to prepare the formal complaint and any appeals that may

be filed with the EEOC, even though no meetings or hearings are involved. 

However, because investigations are conducted by Department or Commission

personnel or contractors, the regulation does not envision large amounts of 

official time for preparation purposes. Consequently, "reasonable," with respect 

to preparation time (as opposed to time actually spent in meetings and hearings), 

is generally defined in terms of hours, not in terms of days, weeks, or months. 

Again, what is reasonable depends on the individual circumstances of each 

complaint. MD-110 at 6-18.

6. In summary, for what EEO activities may official time be granted?

A. Preparing and presenting a complaint and perfecting an appeal;

B. Attending EEO complaint-related meetings and hearings with bureau, OCRD,

or EEOC officials; and

C. Preparing for meetings, conferences, and hearings.

7. Must the bureau change work schedules, incur overtime, or pay travel

expenses to enable the complainant to meet with his or her representative?

No. The bureau is not obligated to change work schedules, incur overtime

wages, or pay travel expenses to facilitate the choice of a specific representative

or to allow the complainant and representative to confer. 29 C.F.R.

§ 1614.605(b).

8. Should time spent commuting to and from home be included in official time

computations?

No. Time spent commuting to and from home should not be included in official

time computations because all employees are required to commute to and from

their federal employment on their own time. MD-110 at 6-17.

9. Can the bureau restrict the overall hours of official time afforded to a

representative to a certain percentage of the representative's duty hours?

Yes. The Commission considers it reasonable for agencies to expect their

employees to spend most of their time doing the work for which they are

employed. Therefore, the bureau may restrict the overall hours of official time

afforded to a representative, for both preparation purposes and for attendance at

meetings and hearings, to a certain percentage of that representative's duty

hours in any given month, quarter, or year. Such overall restrictions would

depend on the nature of the position occupied by the representative, the

relationship of that position to the mission of the bureau, and the degree of

hardship imposed on the mission of the bureau by the representative's absence

from his/her normal duties. MD-110 at 6-18.
4 

10.What if the representation of a complainant would conflict with the official

or collateral duties of the representative?

In such a case, the EEOC or the Department may, after giving the representative

an opportunity to respond, disqualify the representative. 29 C.F.R.

§ 1614.605(c).

11.What is the process for requesting or approving official time to work on an

EEO complaint?

Each bureau is charged with establishing procedures for requesting official time

that include the appropriate officials to contact on questions regarding official

time and documentation of any denials of official time and reasons for the

denials. MD-110 at 6-17.

12.May a bureau establish an internal policy that places a strict cap on the

number of official time hours granted to complainants?

No. A bureau’s internal policy that places a strict cap on the number of official

time hours without considering the complexity of the complaint is invalid.5

13.What happens if the bureau denies a request for official time?

If the bureau denies a request for official time during the pre-complaint stage

either in whole or in part, the bureau must provide the complainant with a written

explanation for the denial and maintain a record on file. If during the formal

complaint stage, the bureau denies a request for official time, the bureau must

provide a written explanation to the complainant for the denial and provide a copy

to OCRD for inclusion in the complaint file. MD-110 at 6-19.

14.Can a complainant file a formal complaint of discrimination based on a

claim of a denial of official time?

Yes, however, the EEOC has held that an allegation pertaining to the denial of

official time states a separate claim alleging a violation of EEOC’s regulations.

As such, claims of denial of official time do not require a determination of whether

the action was motivated by discrimination. The appropriate analysis is whether

a complainant was entitled to official time under 29 C.F.R. §1614.605(b), and the

EEOC has the authority to remedy a violation of this regulation without a finding

of discrimination.6 If relief is not granted, a complainant can then raise the matter

at hearing with an EEOC Administrative Judge, or where no hearing is

requested, on appeal to the EEOC Office of Federal Operations (OFO). MD-110

at 5-28/29/30.

15.When are witnesses entitled to official time?

Witnesses who are federal employees, regardless of whether they are employed

by the respondent bureau or some other federal agency, must be in a duty status

5 Complainant v. Dep't of Defense, EEOC Appeal No. 0120084008 (June 6, 2014) (advising the agency to

analyze all requests for official time on a case-by-case basis). 

6 Bryant v. Dep't of Treasury, EEOC Appeal No. 0120065274 (Feb. 25, 2009)(citing Edwards v. U.S. 

Postal SeN., EEOC Request No. 05960179 (Dec. 23, 1996). 
5 

when their presence is authorized or required by EEOC or Agency officials in

connection with a complaint. MD-110 at 6-20. 

16.Are representatives of former employees entitled to official time?

Yes. Former employees of a bureau who initiate the EEO process concerning an

adverse action relating to their prior employment with the bureau are employees

within the meaning of § 1614.605, and their representatives, if they are current

employees of the bureau, are entitled to official time. MD-110 at 6-18/19.

17.Must the bureau provide official time to employee representatives who are

representing complainants against other federal agencies?

No, this is not required. MD-110 at 6-18/19.

18.Are bureaus required to grant official time to an employee in preparation

for presenting their claims of discrimination in federal court?

No. Although there are instances where a complainant is entitled to official time

at this level, such as when he/she is summoned as a witness in a judicial

proceeding, there is no general requirement (as there is at the administrative

level) to provide official time for preparation/presentation of a complaint in federal

court. CRD-013.

19.Can an employee who wishes to request official time remain anonymous

during the pre-complaint stage?

No. The EEOC has held that if a complainant requests official time, they must

waive anonymity with regard to that request. The bureau manager must know

the identity of the individual making the request so they can consider the request

and make appropriate arrangements. No other management officials should be

informed of the EEO complaint aside from the official(s) needed to make official

time determinations.

20.What are the responsibilities of each bureau in carrying out this policy?

In carrying out this policy, each bureau shall:

A. Establish procedures for requesting official time that include the appropriate

officials to contact on questions regarding official time and documentation of

any denials of official time and reasons for the denials.

B. Ensure that managers and supervisors are made aware of their

responsibilities for providing reasonable official time to complainants,

representatives, and witnesses.

C. Inform complainants, their representatives, and others who may need official

time, such as witnesses, of the procedures for requesting or claiming such

time.

D. Request and consider appropriate information and documentation from the

parties involved when making a determination on reasonable time.

E. Provide the complainant and his/her representative with a written explanation

for any denial of official time, which is to be forwarded to the EEO Investigator
6 

and/or OCRD officials if a formal complaint is filed, so that it can be made a 

part of the official complaint file. CRD-013.

Inquiries: Contact Justin Scheininger, EEO Specialist, at (202) 

622-8234 or justin.scheininger@treasury.gov.