Federal Employees Flexible and Compressed Work Schedules Act
PL 95-390 (H.R.7814), enacted 09/29/1978

PUBLIC LAW 95-390—SEPT. 29, 1978 
92 STAT. 755 
Public Law 95-390 
95th Congress 
An Act 
Sept. 29, 1978 
[H.R. 7814] 
Federal 
Employees 
Flexible and 
Compressed 
Work Schedules 
Act of 1978. 
5 u s e 6101 note. 
5 u s e 6101 note. 
To authorize Federal agencies to experiment with flexible and compressed 
employee work schedules. 
Be it enacted hy the Senate and House of Representatwes of the 
United States of America in Congress asserribled^ 
^ 
SHORT TITLE 
SECTION 1. This Act may be cited as the "Federal Employees Flexible 
and Compressed Work Schedules Act of 1978". 
CONGRESSIONAL FINDINGS 
SEC. 2. The Congress finds that new trends in the usage of 4-day 
workweeks, flexible work hours, and other variations in workday and 
workweek schedules in the private sector appear to show sufficient 
promise to warrant carefully designed, controlled, and evaluated 
experimentation by Federal agencies over a 3-year period to deter-
mine whether and in what situations such varied work schedules can 
be successfully used by Federal agencies on a permanent basis. The 
Congress also finds that there should be sufficient flexibility in the 
work schedules of Federal employees to allow such employees to meet 
the obligations of their faith. 
DEFINITIONS 
SEC. 3. For purposes of this Act (other than title IV)— 
(1) the term "agency" means an Executive agency and a mili-
tary department (as such terms are defined in sections 105 and 
102, respectively, of title 5, United States Code); 
(2) the term "employ" has the meaning given it by section 
2105 of title 5, United States Code; 
(3) the term "Commission" means the United States Civil 
Service Commission; and 
(4) the term "basic work requirement" means the number of 
hours, excluding overtime hours, which an employee is required 
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• i i 
to work or is required to account for by leave or otherwise. 
EXPERIMENTAL PROGRAMS 
SEC. 4. (a)(1) Within 180 days after the effective date of this section, 5 USe 6101 note, 
and subject to the requirements of section 302 and the terms of any 
written agreement referred to in section 302(a), the Commission shall 
establish a program which provides for the conducting of experiments 
by the Commission under titles I and II of this Act. Such experimental 
program shall cover a sufficient number of positions throuj^hout the 
executive branch, and a sufficient range of worktime alternatives, as to 
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provide an adequate basis on which to evaluate the effectiveness and 
desirability of permanently maintaining flexible or compressed work 
schedules within the executive branch. 
5 u s e 6101 note. 
92 STAT. 756 
PUBLIC LAW 95-390—SEPT. 29, 1978 
Master plan. 
Study. 
•siiv. 
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alim \(fi:<y>jtv 
Report. 
(2) Each agency may conduct one or more experiments under titles I 
and II of this Act. Such experiments shall be subject to such regula-
tions as the Commission may prescribe under section 305 of this A.ct. 
(b) The Commission shall, not later than 90 days after the effective 
date of this section, establish a master plan which shall contain guide-
lines and criteria by which the Commission will study and evaluate 
experiments conducted under titles I and II of this Act. Such master 
plan shall provide for the study and evaluation of experiments within 
a sample of organizations of different size, geographic location, and 
functions and activities, sufficient to insure adequate evaluation of the 
impact of varied work schedules on— 
(1) the efficiency of Government operations; 
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(2) mass transit facilities and traffic; 
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(8^ levels of energy consumption; 
(4) service to the public; 
(5) increased opportunities for full-time and part-time employ-
ment; and 
(6) individuals and families generally. 
(c) The Commission shall provide educational material, and tech-
nical aids and assistance, for use by an agency before and during the 
period such agency is conducting experiments under this Act. 
(d) If the head of an agency determines that the implementation of 
an experimental program referred to in subsection (a) would substan-
tially disrupt the agency in carrying out its functions, such agency 
head shall request the Commission to exempt such agency from the 
requirements of any experiment conducted by the Commission under 
subsection (a). Such request shall be accompanied by a report detail-
ing the reasons for such determination. The Commission shall exempt 
an agency from such requirements only if it finds that including the 
agency within the experiment would not be in the best interest of the 
public, the Government, or the employees. The filing of such a request 
with the Commission shall exclude the agency from the experiment 
until the Commission has made its determination or until 180 days 
after the date the request is filed, whichever fii'st occurs. 
5 use 6101 note. 
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TITLE I—FLEXIBLE SCHEDUI.ING OF WORK HOUKS 
DEFINITIONS 
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SEC. 101. For purposes of this title— 
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(1) the term "credit hours" means any hours, within a flexible 
schedule established under this title, which are in excess of an 
employee's basic work requirement and which the emi)loyee elects 
to work so as to vary the length of a workweek or a workday; and 
(2) the term "overtime hours" means all hours in excess of 8 
hours in a day or 40 hours in a week which are officially ordered in 
advance, but does not include credit hours. 
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ELEXIBI^ SCHEDULING EXPERIMENTS 
5 use6101 note. 
SEC. 102. (a) Notwithstanding section 6101 of title 5, United States 
Code, experiments may be conducted in agenices to test flexible sched-
ules 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 
PUBLIC LAW 95-390—SEPT. 29, 1978 
92 STAT. 757 
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 Act, but subject 
to the terms of any written agreement under section 302(a) — 
(1) any experiment under subsection (a) of this section may 
be terminated by the Commission if it determines that the experi-
ment is not in the best interest of the public, the Government, or 
the employees; or 
(2) if the head of an agency determines that any organization 
within the agency which is participating in an experiment under 
subsection (a) is being substantially disrupted in carrying out 
its functions or is incurring additional costs because of such par-
ticipation, such agency head may— 
(A) restrict the employees' choice of arrival and departure 
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time, 
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(B) restrict the use of credit hours, or 
(C) exclude from such experiment any employee or group 
of employees. 
(c) Experiments under subsection (a) shall terminate not lat«r than 
the end of the 3-year period which begins on the effective date of this 
title. 
COMPUTATION OF PREMIUM PAY 
SEC. 103. (a) For j)urposes of determining compensation for over- 5 USC6101 note, 
time hours in the case of an employee participating in an experiment 
under section 102— 
(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 5542(a), 
5543(a)(1), 5544(a), and 5550 of title 5, United States Code, 
section 4107(e) (5) of title 38, United States Code, section 7 of 
the Fair Labor Standards Act, as amended, or any other provision 29 USC 207. 
is I of law; or 
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(2) the employee shall be compensated for such overtime hours 
in accordance with such provisions, as applicable. 
(b) Notwithstanding the provisions of law referred to in paragraph 
(1) of subsection (a), an employee shall not be entitled to be compen-
sated for credit hours worked except to the extent authorized under 
section 106 or to the extent such employee is allowed to have such 
' J J •;*."; 
hours taken into account with respect to the employee's basic work 
requirement. 
(c)(1) Notwithstanding section 5545(a) of title 5, United States 
Code, premium pay 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 departure, at a time 
of day from 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 
92 STAT. 758 
PUBLIC LAW 95-390—SEPT. 29, 1978 
;]!' 
(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 night work 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 combined 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 title 5, United States Code, 
and 4107(e) (2) of title 38, United States Code, 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 differ-
ential is otherwise authorized; except that such differential shall be 
paid to an employee on a flexible schedule under this title— 
(A) in the case of an employee subject to such section 5343(f), 
for which all or a majority of the hours of such schedule for any 
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day fall between the hours specified in such section, or 
(B) in the case of an employee subject to such section 4107 
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(e) (2), for which 4 hours of such schedule fall between the hours 
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specified in such section. 
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HOLIDAYS 
5 use 6101 note. 
g^,^^ ^04. Notwithstanding sections 6103 and 6104 of title 5, United 
States Code, if any employee on a flexible schedule under this title 
is relieved or prevented from working on a day designated as a holi-
day 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 Commission). 
TIME-RECORDING DEVICES 
5 use 6101 note. 
SEC. 105. Notwithstanding section 6106 of title 5, United States 
Code, the Commission or an agency may use recording clocks as part 
of its experiments under this title. 
CREDIT H O U R S ; ACCUMULATION AND COMPENSATION 
5 use6101 note. 
SEC 106. (a) Subject to any limitation prescribed by the Commis-
sion or the agency, a full-time employee on a flexible schedule can 
accumulate not more than 10 credit hours, and a part-time employee 
can accumulate not more than one-eighth 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 experiment under 
this title and who is no longer subject to such an experiment 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 10 credit 
hours accumulated by such employee, or 
PUBLIC LAW 95-390—SEPT. 29, 1978 
92 STAT. 759 
(2) in the case of a part-time employee, the number of credit 
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hours (not in excess of one-eighth of the hours in such employee's 
biweekly basic work requirement) accumulated by such employee. 
TITLE II—4-DAY WEEK AND OTHER COMPRESSED 
WORK SCHEDULES 
DEFINITIONS 
SEC. 201. For purposes of this title— 
5 USC 6101 note. 
(1) the term "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; and 
(2) the term "overtime hours" means any hours in excess of 
those specified hours which constitute the compressed schedule. 
COMPRESSED SCHEDULE EXPERIMENTS 
SEC. 202. (a) Notwithstanding section 6101 of title 5, United States 
5 USC 6101 note. 
Code, experiments may be conducted in agencies to test a 4-day work-
week or other compressed schedule. 
(b) (1) An employee in a unit with respect to which an organization 
of Government employees has not been accorded exclusive recognition 
shall not be required to participate in any experiment under subsection 
(a) unless a majority of the employees in such unit who, but for this 
paragraph, would be included in such experiment have voted to be so 
included. 
(2) Upon written request to any agency by an employee, the agency, 
if it determines that participation in an experiment under subsection 
(a) would impose a personal hardship on such employee, shall— 
(A) except such employee from such experiment; or 
(B) reassign such employee to the first position within the 
agency— 
,;,:,;•, lOU ;}^';i b 
(i) which becomes vacant after such determination, 
(ii) which is not included within such experiment, 
(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. 
(c) Notwithstanding any other provision of this Act, but subject 
to the terms of any written agreement under section 302(a), any 
.'.-i^-^c-i 
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experiment under subsection (a) may be terminated by the Commis-
sion, or the agency, if it determines that the experiment is not in the 
best interest of the public, the Government, or the employees. 
(d) Experiments under subsection (a) shall terminate not later 
than the end of the 3-year period which begins on the effective date 
of this title. 
COMPUTATION OF PREMIUM PAY 
SEC. 203. (a) The provisions of sections 5542(a), 5544(a), and 
5USC6101 note. 
5550(2) of title 5, United States Code, section 4107(e) (5) of title 38, 
United States Code, section 7 of the Fair Labor Standards Act, as 
92 STAT. 760 
PUBLIC LAW 95-390—SEPT. 29, 1978 
29 use 207. 
amended, 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 whichever statutory provisions referred to in 
subsection (a) are applicable to the employee. In the case of any 
part-time employee on a compressed schedule, overtime pay shall begin 
to be paid after the same number of hours of work after which a 
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full-time employee on a similar schedule would begin to receive 
overtime pay. 
(c) Notwithstanding section 5544(a), 5546(a), or 5550(1) of title 
5, United States Code, or any other applicable provision of law, in 
the case of any full-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 title 5, United States 
Code, an employee on a compressed schedule who performs work on 
a holiday designated by Federal statute or Executive order is entitled 
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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 
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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 require-
ment for such day, the employee is entitled to premium pay in accord-
ance with the provisions of section 5542 (a) or 5544 (a) of title 5, United 
States Code, as applicable, or the provisions of section 7 of the Fair 
_^ 
Labor Standards Act, as amended, whichever provisions are more 
beneficial to the employee. 
TITLE III—ADMINISTRATIVE PROVISIONS 
ADMINISTRATION OF LEAVE AND RETIREMENT PROVISIONS 
5 use6101 note. 
SEC. 301. For purposes of administering sections 6303(a), 6304, 
6307 (a) and (c), 6323, 6326, and 8339(m) of title 5, United States 
Code, in the case of an employee who is in any experiment under 
title I or II, 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). 
APPLICATION OP EXPERIMENTS IN THE CASE OF NEGOTIATED CONTRACTS 
5 use6101 note. 
SEC. 302. (a) Employees within a unit with respect to which an 
organization of Government employees has been accorded exclusive 
recognition shall not be included within any experiment under title I 
or II of this Act except to the extent expressly provided under a writ-
ten agreement between the agency and such organization. 
(b) The Commission or an agency may not participate in a flexible 
or compressed schedule experiment under a negotiated contract which 
contains premium pay provisions which are inconsistent with the 
provisions of section 103 or 203 of this Act, as applicable. 
PUBLIC LAW 95-390—SEPT. 29, 1978 
92 STAT. 761 
PROHIBITION OF COERCION 
5 use 6101 note. 
SEC. 303. (a) An employee may not directly or indirectly intimi-
date, 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 title I to elect a time of arrival 
or departure, to work or not to work credit hours, or to request 
or not to request compensatory time off in lieu of payment for 
''.'•'. overtime hours; or 
(2) such employee's right under section 202(b) (1) to vote 
whether or not to be included within a compressed schedule experi-
ment or such employee's right to request an agency determination 
under section 202(b) (2). 
For the purpose of the preceding sentence, the term "intimidate, "Intimidate, 
threaten, or coerce" includes, but is not limited to, promising to con- threaten, or 
fer or conferring any benefit (such as appointment, promotion, or com- coerce, 
pensation), or effecting or threatening to effect any reprisal (such as 
deprivation of appointment, promotion, or compensation). 
(b) Any employee who violates the provisions of subsection (a) 
Penalty. 
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shall, upon a final order of the Commission, be— 
(1) removed from such employee's position, in which event 
that employee may not thereafter hold any position as an employee 
for such period as the Commission may prescribe; 
(2) suspended without pay from such employee's position for 
such period as the Commission may prescribe; or 
(3) disciplined in such other manner as the Commission shall 
deem appropriate. 
The commission shall prescribe procedures to carry out this subsection 
under which an employee subject to removal, suspension, or other dis-
ciplinary action shall have rights comparable to the rights afforded an 
employee subject to removal or suspension under subchapter III of 
chapter 73 of title 5, United States Code, relating to certain prohibited 5 USC 7321 et 
political activities. 
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REPORTS 
SEC. 304. Not later than 2i/^ years after the effective date of titles I 5 USC 6101 note, 
and II of this Act, the Commission shall— 
(1) prepare an interim report containing recommendations as 
to what, if any, legislative or administrative action shall be taken 
based upon the results of experiments conducted under this Act, 
and 
(2) submit copies of such report to the President, the Speaker Transmittal to 
of the House, and the President pro tempore of the Senate,. 
President and . 
The Commission shall prepare a final report with regard to experi- Congress, 
ments conducted under this Act and shall submit copies of such report 
to the President, the Speaker of the House, and the President pro tem-
pore of the Senate not later than 3 years after such effective date. 
REGUIiATIONS 
SEC. 305. The Commission shall prescribe regulations necessary for 5 USC 6101 note, 
the administration of the foregoing provisions of this Act. 
92 STAT. 762 
PUBLIC LAW 95-390—SEPT. 29, 1978 
ErFECTIVE DATE 
5 use 6101 note. 
gj,^, ^QQ rpj^^ provisions of section 4 and titles I and II of this 
Act shall take effect on the 180th day after— 
(1) the date of the enactment of this Act, or 
(2) October 1,1978, 
whichever date is later. 
5 u s e 5550a. 
Regulations. 
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TITLE IV—ADJUSTMENT OF WORK SCHEDULES FOR 
RELIGIOUS OBSERVANCES 
COMPENSATORY TIME OFF FOR RELIGIOUS OBSERVANCES 
SEC. 401. (a) Subchapter V of chapter 55 of title 5, United States 
Code, is amended by adding at the end thereof the following new 
section: 
"§ 5550a. Compensatory time off for religious observances 
"(a) Not later than 30 days after the date of the enactment of this 
section, the Civil Service Commission shall prescribe regulations pro-
viding for work schedules under which an employee whose personal 
religious beliefs require the abstention from work during certain 
periods of time, may elect to engage in overtime work for time lost 
for meeting those religious requirements. Any employee who so elects 
such overtime work shall be granted equal compensatory time off from 
his scheduled tour of duty (in lieu of overtime pay) for such religious 
reasons, notwithstanding any other provision of law. 
"(b) In the case of any agency described in subparagraphs (C) 
through (G) of section 5541 (1) of this title, the head of such agency 
(in lieu of the Commission) shall prescribe the regulations referred to 
in subsection (a) of this section. 
" (c) Regulations under this section may provide for such exceptions 
as may be necessary to efficiently carry out the mission of the agency or 
agencies involved.". 
(b) The analysis for chapter 55 of title 5, United States Code, is 
amended by adding after the item relating to section 5550 the fol-
lowing : 
"5550a. Compensatory time o
f
i
f for religious observances.". 
Approved September 29, 1978. 
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LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-912 (Comm. on Post Office and Civil Service). 
S'KW KJid »; 
SENATE REPORT No. 95-1143 accompanying S. 517 (Comm. on Governmental Affairs 
and Comm. on Human Resources). 
CONGRESSIONAL RECORD, Vol. 124 (1978): 
Mar. 13, considered and failed of passage in House. 
^ 
May 25, considered and passed House. 
Sept. 15, considered and passed Senate, in lieu of S. 517. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 39: 
Sept. 29, Presidential statement.