NAO 202-550: Timeframes for Use and Limit on Accrual of Compensatory Time

Issued 12/26/07 ; Effective 12/18/07; Reviewed Last: 07/2016 Pending Revisions

NAO 202-550: Timeframes for Use and Limit on Accrual of Compensatory Time PDF


SECTION 1. PURPOSE.

.01 This Order sets forth the National Oceanic and Atmospheric Administration (NOAA) policy on timeframes for use and limitation on accrual of compensatory time off earned in lieu of overtime pay for irregular and occasional overtime worked. Accrual of compensatory time must be monitored and controlled in order to limit financial liability.

02. The Department of Commerce delegated authority to Heads of Operating Units to determine whether a Fair Labor Standards Act (FLSA) exempt employee's balance of "earned and accumulated compensatory time off in lieu of overtime pay" that is unused after specified timeframe(s) will be paid or forfeited. This Order documents NOAA's decision to provide payment to its FLSA exempt employees.

.03 This Order is a revision and retitling of the previously issued NOAA Administrative Order (NAO) 202-550. The revision addresses regulatory changes issued by the Office of Personnel Management and updated policy guidance issued by the Department of Commerce Office of Human Resources Management effective May 14, 2007.

SECTION 2. REFERENCES.

SECTION 3. SCOPE.

The provisions of this Order are applicable to all NOAA employees, whether exempt or non-exempt from the FLSA, who are covered by the definition of “employee” at 5 U.S.C. 5541(2) or of “prevailing rate employee” at 5 U.S.C. 5342(a)(2).

SECTION 4. POLICY.

.01 The Office of Personnel Management issued regulations effective May 14, 2007, which imposed the following timeframes for employees to use compensatory time off in lieu of overtime pay.

.02 NOAA employees, whether FLSA exempt or non-exempt (but excluding Schedule C employees), who fail to use compensatory time off to which they are entitled by the timeframe indicated in Section 4.01 of this Order, must receive payment for such unused compensatory time off in an amount equal to the amount of overtime pay the employee otherwise would have received as outlined in 5 CFR 550.114(g) or 5 CFR 551.531(g).

.03 NOAA employees, whether FLSA exempt or non-exempt, including Schedule C employees, with unused compensatory time off who separate from federal service or are placed in a leave without pay (LWOP) status under the following circumstances, must be paid for the unused compensatory time at the dollar value prescribed in Section 4.02 of this Order:

.04 Schedule C employees who are eligible to earn compensatory time off in lieu of overtime pay for irregular and occasional overtime work as outlined below must adhere to the timeframes indicated in Section 4.01 of this Order or forfeit the unused compensatory time off.

.05 NOAA has an 80 hour limit on the accrual of compensatory time. Exceptions may be granted in cases of emergency or other extenuating circumstances as outlined in Section 6. of this Order.

SECTION 5. LABOR-MANAGEMENT RELATIONS.

Prior to implementation of this policy, all labor management obligations must be satisfied. Management will notify the labor organizations of its intent to implement this policy and negotiate in good faith.

SECTION 6. DELEGATIONS OF AUTHORITY.

.01 Assistant Administrators and Staff Office Directors are delegated authority to approve exceptions to the 80 hour limit in cases of emergency or other extenuating circumstances.

.02 This authority may be redelegated to management officials who have authority for assigning and approving overtime. This redelegation must be in writing and a copy shall be retained by the delegating official.

SECTION 7. RESPONSIBILITIES.

.01 The Deputy Under Secretary for Oceans and Atmosphere is responsible for holding offices accountable for managing compensatory time balances.

.02 Line and Staff Offices are responsible for the following:

.03 The Workforce Management Office is responsible for the following:

.04 Employees are responsible for monitoring their compensatory time balances and using compensatory time before it expires.

SECTION 7. EFFECT ON OTHER ISSUANCES.

This Order supersedes NAO 202-550, Limit on Accrual of Compensatory Time, dated November 22, 2004.

Signed,

Under Secretary of Commerce
for Oceans and Atmosphere

Office of Primary Interest:
Human Resources Management Office