Federal Employees Flexible and Compressed Work Schedules Act of 1982
PL 97-221 (S.2240), enacted 07/23/1982

PUBLIC LAW 97-221—JULY 23, 1982 
96 STAT. 227 
Public Law 97-221 
97th Congress 
An Act 
To amend title 5, United States Code, to provide permanent authorization for Federal 
agencies to use flexible and compressed employee work schedules. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled. That this Act may 
be cited as the "Federal Employees Flexible and CJompressed Work 
Schedules Act of 1982". 
SEC. 2. (a) Chapter 61 of title 5, United States Code, is amended— 
(1) by inserting before section 6101 the following: 
"SUBCHAPTER I-GENERAL PROVISIONS"; 
and 
(2) by adding at the end thereof the following new subchapter: 
"SUBCHAPTER II-FLEXIBLE AND COMPRESSED WORK 
SCHEDULES 
"§ 6120. Purpose 
"The Congress finds that the use of flexible and compressed work 
schedules has the potential to improve productivity in the Federal 
Government and provide greater service to the public. 
"§ 6121. Definitions 
"For purposes of this subchapter— 
"(1) 'agency* means any Executive agency, any military 
department, and the Library of Congress; 
"(2) 'employee' has the meaning given it by section 2105 of 
this title; 
"(3) 'basic work requirement' means the number of hours, 
excluding overtime hours, which an employee is required to 
work or is required to account for by leave or otherwise; 
"(4) 'credit hours' means any hours, within a flexible schedule 
established under section 6122 of this title, which are in excess 
of an employee's basic work requirement and which the 
employee elects to work so as to vary the length of a workweek 
or a workday; 
"(5) 'compressed schedule* means— 
"(A) in the case of a full-time employee, an 80-hour 
biweekly basic work requirement which is scheduled for 
less than 10 workdays, and 
"(B) in the case of a part-time employee, a biweekly basic 
work requirement of less than 80 hours which is scheduled 
for less than 10 workdays; 
"(6) 'overtime hours', when used with respect to flexible 
schedule programs under sections 6122 through 6126 of this 
title, means £dl hours in excess of 8 hours in a day or 40 hours in 
July 23, 1982 
[S. 2240] 
Federal 
Employees 
Flexible and 
Compressed 
Work 
Schedules Act of 
1982. 
5 u s e 6101 note. 
96 STAT. 228 
PUBLIC LAW 97-221—JULY 23, 1982 
a week which are officially ordered in advance, but does not 
include credit hours; 
"(7) 'overtime hours', when used with respect to compressed 
schedule programs under sections 6127 and 6128 of this title, 
means any hours in excess of those specified hours which 
constitute the compressed schedule; and 
"(8) 'collective bargaining', 'collective bargaining agreement', 
and 'exclusive representative' have the same meanings given 
such terms 
5 use 7103. 
"(A) by section 7103(a) (12), (8), and (16) of this title, respec-
tively, in the case of any unit covered by chapter 71 of this 
5 use 7101 
title; and 
^^ s^9- 
"(B) in the case of any other unit, by the corresponding 
provisions applicable under the personnel system covering 
this unit. 
"§ 6122. Flexible schedules; agencies authorized to use 
5 use 6101. 
"(a) Notwithstanding section 6101 of this title, each agency may 
establish, in accordance with this subchapter, programs which allow 
the use of flexible schedules which include— 
"(1) designated hours and days during which an employee on 
such a schedule must be present for work; and 
"(2) designated hours during which an employee on such a 
schedule may elect the time of such employee's arrival at and 
departure from work, solely for such purpose or, if and to the 
extent permitted, for the purpose of accumulating credit hours 
to reduce the length of the workweek or another workday. 
An election by an employee referred to in paragraph (2) shall be 
subject to limitations generally prescribed to ensure that the duties 
and requirements of the employee's position are fulfilled. 
"(b) Notwithstanding any other provision of this subchapter, but 
subject to the terms of any written agreement referred to in section 
6130(a) of this title, if the head of an agency determines that any 
organization within the agency which is participating in a program 
under subsection (a) is being substantially disrupted in carrying out 
its functions or is incurring additional costs because of such partici-
pation, such agency head may— 
"(1) restrict the employees' choice of arrival and departure 
time, 
"(2) restrict the use of credit hours, or 
"(3) exclude from such program any employee or group of 
employees. 
"§ 6123. Flexible schedules; computation of premium pay 
"(a) For purposes of determining compensation for overtime hours 
in the case of an employee participating in a program under section 
6122 of this title— 
"(1) the head of an agency may, on request of the employee, 
grant the employee compensatory time off in lieu of payment 
for such overtime hours, whether or not irregular or occasional 
in nature and notwithstanding the provisions of sections 
5 use 5542, 
5542(a), 5543(a)(1), 5544(a), and 5550 of this title, section 
5543, 5544, 5550. 
4107(e)(5) of title 38, section 7 of the Fair Labor Standards Act 
(29 U.S.C. 207), or any other provision of law; or 
"(2) the employee shall be compensated for such overtime 
hours in accordance with such provisions, as applicable. 
PUBLIC LAW 97-221—JULY 23, 1982 
96 STAT. 229 
"(b) Notwithstanding the provisions of law referred to in subsec-
tion (aXD of this section, a"^ employee shall not be entitled to be 
compensated for credit hours worked except to the extent author-
ized under section 6126 of this title or to the extent such employee is 
allowed to have such hours taken into account with respect to the 
employee's basic work requirement. 
"(cXD Notwithstanding section 5545(a) of this title, premium pay 5 use 5545. 
for nightwork will not be paid to an employee otherwise subject to 
such section solely because the employee elects to work credit hours, 
or elects a time of arrival or dep£u*ture, at a time of day for which 
such premium pay is otherwise authorized, except that— 
"(A) if an employee is on a flexible schedule under which— 
"(i) the number of hours during which such employee 
must be present for work, plus 
"(ii) the number of hours during which such employee 
may elect to work credit hours or elect the time of arrival 
at and departure from work, 
which occur outside of the nightwork hours designated in or 
under such section 5545(a) total less than 8 hours, such 
premium pay shall be paid for those hours which, when com-
bined with such total, do not exceed 8 hours, and 
"(B) if an employee is on a flexible schedule under which the 
hours that such employee must be present for work include any 
hours designated in or under such section 5545(a), such 
premium pay shall be paid for such hours so designated. 
"(2) Notwithstanding section 5343(f) of this title, and section 5 use 5343. 
4107(eX2) of title 38, night differential will not be paid to any 
employee otherwise subject to either of such sections solely because 
such employee elects to work credit hours, or elects a time of arrival 
or departure, at a time of day for which night differentied is other-
wise authorized, except that such differential sheill be paid to an 
employee on a flexible schedule under this subchapter— 
"(A) in the case of an employee subject to subsection (f) of 
such section 5343, for which all or a majority of the hours of 
such schedule for any day fall between the hours specifled in 
such subsection, or 
"(B) in the case of an employee subject to subsection (eX2) of 
such section 4107, for which 4 hours of such schedule fall ^^ use 4107. 
between the hours specified in such subsection. 
*
*
§ 6124. Flexible schedules; holidays 
"Notwithstanding sections 6103 and 6104 of this title, if any 5 use 6103, 
employee on a flexible schedule under section 6122 of this title is 
relieved or prevented from working on a day designated as a holiday 
by Federal statute or Executive order, such employee is entitled to 
pay with respect to that day for 8 hours (or, in the case of a part-
time employee, an appropriate portion of the employee's biweekly 
basic work requirement as determined under regulations prescribed 
by the Office of Personnel Management). 
*
*
§ 6125. Flexible schedules; time-recording devices 
"Notwithstanding section 6106 of this title, the Office of Personnel 5 use 6IO6. 
Management or any agency may use recording clocks as part of 
programs under section 6122 of this title. 
6104. 
96 STAT. 230 
PUBLIC LAW 97-221—JULY 23, 1982 
"§6126. Flexible schedules; credit hours; accumulation and 
compensation 
"(a) Subject to any limitation prescribed by the Office of Personnel 
Management or the agency, a full-time employee on a flexible 
schedule can accumulate not more than 24 credit hours, and a part-
time employee can accumulate not more than one-fourth of the 
hours in such employee's biweekly basic work requirement, for 
carryover from a biweekly pay period to a succeeding biweekly pay 
period for credit to the basic work requirement for such period. 
"(b) Any employee who is on a flexible schedule program under 
section 6122 of this title and who is no longer subject to such a 
program shall be paid at such employee's then current rate of basic 
pay for— 
"(1) in the case of a full-time employee, not more than 24 
credit hours accumulated by such employee, or 
"(2) in the case of a part-time employee, the number of credit 
hours (not in excess of one-fourth of the hours in such 
employee's biweekly basic work requirement) accumulated by 
such employee. 
"§ 6127. Compressed schedules; agencies authorized to use 
5 use 6101. 
"(a) Notwithstanding section 6101 of this title, each agency may 
establish programs which use a 4-day workweek or other com-
pressed schedule. 
"(b)(1) An employee in a unit with respect to which an organiza-
tion of Government employees has not been accorded exclusive 
recognition shall not be required to participate in any program 
under subsection (a) unless a majority of the employees in such unit 
who, but for this paragraph, would be included in such program 
have voted to be so included. 
"(2) Upon written request to any agency by an employee, the 
agency, if it determines that participation in a program under 
subsection (a) would impose a personal hardship on such employee, 
shall— 
"(A) except such employee from such program; or 
"(B) reassign such employee to the first position within the 
agency— 
"(i) which becomes vacant after such determination, 
"(ii) which is not included within such program, 
"(iii) for which such employee is qualified, and 
"(iv) which is acceptable to the employee. 
A determination by an agency under this paragraph shall be made 
not later than 10 days after the day on which a written request for 
such determination is received by the agency. 
"§ 6128. Compressed schedules; computation of premium pay 
"(a) The provisions of sections 5542(a), 5544(a), and 5550(2) of this 
5USC 5542, 
title, section 4107(eX5) of title 38, section 7 of the Fair Labor 
Standards Act (29 U.S.C. 207), or any other law, which relate to 
premium pay for overtime work, shall not apply to the hours which 
constitute a compressed schedule. 
"(b) In the case of any full-time employee, hours worked in excess 
of the compressed schedule shall be overtime hours and shall be 
paid for as provided by the applicable provisions referred to in 
subsection (a) of this section. In the case of any part-time employee 
on a compressed schedule, overtime pay shall begin to be paid after 
5544, 5550. 
5546, 
5550. 
5544. 
6304, 
6307, 
6323, 
6326, 
8339. 
PUBLIC LAW 97-221—JULY 23, 1982 
96 STAT. 231 
the same number of hours of work after which a full-time employee 
on a similar schedule would begin to receive overtime pay. 
"(c) Notwithstanding section 5544(a), 5546(a), or 5550(1) of this 
title, or any other applicable provision of law, in the case of any full- f 
^
V
f 
S:ffn'^' 
time employee on a compressed schedule who performs work (other 
than overtime work) on a tour of duty for any workday a part of 
which is performed on a Sunday, such employee is entitled to pay for 
work performed during the entire tour of duty at the rate of such 
employee's basic pay, plus premium pay at a rate equal to 25 
percent of such basic pay rate. 
"(d) Notwithstanding section 5546(b) of this title, an employee on a 
compressed schedule who performs work on a holiday designated by 
Federal statute or Executive order is entitled to pay at the rate of 
such employee's basic pay, plus premium pay at a rate equal to such 
basic pay rate, for such work which is not in excess of the basic work 
requirement of such employee for such day. For hours worked on 
such a holiday in excess of the basic work requirement for such day, 
the employee is entitled to premium pay in accordance with the 
provisions of section 5542(a) or 5544(a) of this title, as applicable, or 5 
jjsc 5542, 
the provisions of section 7 of the Fair Labor Standards Act (29 U.S.C. 
207) whichever provisions are more beneficial to the employee. 
"§ 6129. Administration of leave and retirement provisions 
"For purposes of administering sections 6303(a), 6304, 6307 (a) and 
(c), 6323, 6326, and 8339(m) of this title, in the case of an employee 5 use 6303, 
who is in any program under this subchapter, references to a day or 
workday (or to multiples or parts thereof) contained in such sections 
shall be considered to be references to 8 hours (or to the respective 
multiples or parts thereof). 
"§ 6130. Application of programs in the case of collective bargain-
ing agreements 
"(a)(1) In the case of employees in a unit represented by an 
exclusive representative, any flexible or compressed work schedule, 
and the establishment and termination of any such schedule, shall 
be subject to the provisions of this subchapter and the terms of a 
collective bargaining agreement between the agency and the exclu-
sive representative. 
"(2) Employees within a unit represented by an exclusive repre-
sentative shall not be included within any program under this 
subchapter except to the extent expressly provided under a collec-
tive bargaining agreement between the agency and the exclusive 
representative. 
'(b) An agency may not participate in a flexible or compressed 
schedule program under a collective bargaining agreement which 
contains premium pay provisions which are inconsistent with the 
provisions of section 6123 or 6128 of this title, as applicable. 
*'§ 6131. Criteria and review 
"(a) Notwithstanding the preceding provisions of this subchapter 
or any collective bargaining agreement and subject to subsection (c) 
of this section, if the head of an agency finds that a particular 
flexible or compressed schedule under this subchapter has had or 
would have an adverse agency impact, the agency shall promptly 
determine not to— 
"(1) establish such schedule; or 
96 STAT. 232 
PUBLIC LAW 97-221—JULY 23, 1982 
"Adverse agency 
impact." 
Collective 
bargaining. 
Termination. 
"(2) continue such schedule, if the schedule has already been 
established. 
"Ot)) For purposes of this section, 'adverse agency impact' means— 
"(1) a reduction of the productivity of the agency; 
"(2) a diminished level of services furnished to the public by 
the agency; or 
"(3) an increase in the cost of agency operations (other than a 
reasonable administrative cost relating to the process of estab-
lishing a flexible or compressed schedule). 
"(cXD This subsection shall apply in the case of any schedule 
covering employees in a unit represented by an exclusive 
representative. 
"(2XA) If an agency and an exclusive representative reach an 
impasse in collective bargaining with respect to an agency determi-
nation under subsection (aXD not to establish a flexible or com-
pressed schedule, the impasse shall be presented to the Federal 
Service Impasses Panel (hereinafter in this section referred to as the 
'Panel'). 
"(B) The Panel shall promptly consider any case presented under 
subparagraph (A), and shall take final action in favor of the agency's 
determination if the finding on which it is based is supported by 
evidence that the schedule is likely to cause an adverse agency 
impact. 
"(3)(A) If an agency and an exclusive representative have entered 
into a collective bargaining agreement providing for use of a flexible 
or compressed schedule under this subchapter and the head of the 
agency determines under subsection (aX2) to terminate a flexible or 
compressed schedule, the agency may reopen the agreement to seek 
termination of the schedule involved. 
"(B) If the agency and exclusive representative reach an impasse 
in collective bargaining with respect to terminating such schedule, 
the impasse shall be presented to the Panel. 
"(C) The Panel shall promptly consider any case presented under 
subparagraph (B), and shall rule on such impasse not later than 60 
days after the date the Panel is presented the impasse. The Panel 
shall take final action in favor of the agency's determination to 
terminate a schedule if the finding on which the determination is 
based is supported by evidence that the schedule has caused an 
adverse agency impact. 
"(D) Any such schedule may not be terminated until— 
"(i) the agreement covering such schedule is renegotiated or 
expires or terminates pursuant to the terms of that agreement; 
or 
"(ii) the date of the Panel's final decision, if an impasse arose 
in the reopening of the agreement under subparagraph (A) of 
this paragraph. 
"(d) This section shall not apply with respect to flexible schedules 
that may be established without regard to the authority provided 
under this subchapter. 
"§ 6132. Prohibition of coercion 
"(a) An employee may not directly or indirectly intimidate, 
threaten, or coerce, or attempt to intimidate, threaten, or coerce, 
any other employee for the purpose of interfering with— 
"(1) such employee's rights under sections 6122 through 6126 
of this title to elect a time of arrival or departure, to work or not 
PUBLIC LAW 97-221—JULY 23, 1982 
96 STAT. 233 
to work credit hours, or to request or not to request compensa-
tory time off in lieu of payment for overtime hours; or 
(2) such employee's right under section 6127(b)(1) of this title 
to vote whether or not to be included within a compressed 
schedule program or such employee's right to request an agency 
determination under section 6127(b)(2) of this title. 
"(b) For the purpose of subsection (a), the term 'intimidate, 
threaten, or coerce' includes, but is not limited to, promising to 
confer or conferring any benefit (such as appointment, promotion, or 
compensation), or effecting or threatening to effect any reprisal 
(such as deprivation of appointment, promotion, or compensation). 
"§ 6133. Regulations; technical assistance; program review 
"(a) The Office of Personnel Management shall prescribe regula-
tions necessary for the administration of the programs established 
under this subchapter. 
"(b)(1) The Office shall provide educational material, and techni-
cal aids and assistance, for use by an agency in connection with 
establishing and maintaining programs under this subchapter. 
"(2) In order to provide the most effective materials, aids, and 
assistance under paragraph (1), the Office shall conduct periodic 
reviews of programs established by agencies under this subchapter 
particularly insofar as such programs may affect— 
"(A) the efficiency of Government operations; 
"(B) mass transit facilities and traffic; 
"(C) levels of energy consumption; 
"(D) service to the public; 
"(E) increased opportunities for full-time and part-time 
employment; and 
"(F) employees' job satisfaction and nonworklife. 
"(c) With respect to employees in the Library of Congress, the 
authority granted to the Office of Personnel Management under this 
subchapter shall be exercised by the Librarian of Congress.". 
(b) The table of sections at the beginning of such chapter is 
amended— 
(1) by inserting before the item relating to section 6101 the 
following: 
"SUBCHAPTER I—GENERAL PROVISIONS"; 
and 
(2) by adding at the end thereof the following: 
"SUBCHAPTER II—FLEXIBLE AND COMPRESSED WORK SCHEDULES 
"Sec. 
"6120. Purpose. 
"612L Definitions. 
"6122. Flexible schedules; agencies authorized to use. 
"6123. Flexible schedules; computation of premium pay. 
"6124. Flexible schedules; holidays. 
"6125. Flexible schedules; time-recording devices. 
"6126. Flexible schedules; credit hours; accumulation and compensation. 
"6127. Compressed schedules; agencies authorized to use. 
"6128. Compressed schedules; computation of premium pay. 
"6129. Administration of leave and retirement provisions. 
"6130. Application of programs in the case of collective bargaining agreements. 
"6131. Criteria and review. 
"6132. Prohibition of coercion. 
"6133. Regulations; technical assistance; program review.". 
SEC. 3. Section 3401(2) of title 5, United States Code, is amended by 
inserting "(or 32 to 64 hours during a biweekly pay period in the 
"Intimidate, 
threaten, or 
coerce." 
Library of 
Congress 
employees. 
96 STAT. 234 
PUBLIC LAW 97-221—JULY 23, 1982 
5 u s e 6101 note. 
Termination. 
Effective date. 
5 u s e 6101 note. 
Recording 
clocks. 
5 u s e 6106. 
Effective date. 
5 u s e 6106 note. 
case of a flexible or compressed work schedule under subchapter 11 
of chapter 61 of this titler after "week". 
SEC. 4. (a) Except as provided in subsection (b), each flexible or 
compressed work schedule established by any agency under the 
Federal Employees Flexible and Compressed Work Schedules Act of 
1978 (5 U.S.C. 6101 note) in existence on the date of enactment of 
this Act shall be continued by the ^ency concerned. 
(bXD During the 90-day period after the date of the enactment of 
this Act, any flexible or compressed work schedule referred to in 
subsection (a) may be reviewed by the agency concerned. If, in 
reviewing the schedule, the agency determines in writing that— 
(A) the schedule has reduced the productivity of the agency or 
the level of services to the public, or has increased the cost of 
the agency operations, and 
(B) termination of the schedule will not result in an increase 
in the cost of the agency operations (other than a reasonable 
administrative cost relating to the process of terminating a 
schedule), 
the agency shall, notwithst£mding any provision of a negotiated 
agreement, immediately terminate such schedule and such termina-
tion shall not be subject to negotiation or to administrative review 
(except as the President may provide) or to judicial review. 
(2) If a schedule established pursuant to a negotiated agreement is 
terminated under paragraph (1), either the agency or the exclusive 
representative concerned may, by written notice to the other party 
within 90 days after the date of such termination, initiate collective 
bargaining pertaining to the establishment of another flexible or 
compressed work schedule under subchapter II of chapter 61 of title 
5, United States Code, which would be effective for the unexpired 
portion of the term of the negotiated agreement. 
SEC. 5, The amendments made by this Act shall not be in effect 
after three years after the date of the enactment of this Act. 
SEC. 6. (a) Section 6106 of title 5, United States Code, is amended 
by striking out the period and inserting in lieu thereof a comma and 
"except that the Bureau of Engraving and Printing may use such 
recording clocks.". 
(b) The amendment made by this section shall take effect October 
1,1982. Section 5 of this Act shall not apply to the amendment made 
by this section. 
Approved July 23, 1982. 
LEGISLATIVE HISTORY—S. 2240 (H.R. 5366): 
HOUSE REPORT NO. 97-433 accompanying H.R. 5366 (Oomm. on Post Office and 
Civil Service). 
SENATE REPORT No. 97-365 (Oomm. on Governmental Affairs). 
CONGRESSIONAL RECORD, Vol. 128 (1982): 
June 30, considered and passed Senate. 
July 12, considered and passed House. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 29 (1982): 
July 23, Presidential statement.