The employee is entitled to the use of official time only when he or she is preparing and presenting the complaint during the administrative process. Employees are not entitled to official time for pursuing an EEO claim in the federal courts. In determining whether a complaint is complex or not it may be necessary to confer with the EEO Office. Generally, supervisors and managers may grant official time in terms of hours not days.
Employees are responsible for requesting official time in advance.
Except for mandatory situations when employees must be released, such as EEO hearing and agency investigations, supervisors and managers are responsible for the scheduling of such time to accommodate employee needs and office workload. For example, employees should not take official time away from the work area without supervisory authorization. If an employee requires and requests additional time, the supervisor and the employee should make new arrangements. When a request for use of official time is denied, the supervisor should explain the reasons for denying the request in writing. The decision should be based upon a verifiable work situation and a copy provided to the EEO Manager.