Page:United States Statutes at Large Volume 96 Part 1.djvu/272

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PUBLIC LAW 97-000—MMMM. DD, 1982

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 parttime 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.

5 USC 6101.

5 USC 5542,

5544, 5550.

"§ 6127. Compressed schedules; agencies authorized to use "(a) Notwithstanding section 6101 of this title, each agency may establish programs which use a 4-day workweek 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 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 title, section 4107(e)(5) 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