Federal workers will get time off for travel

Beginning Jan. 28, new rules will take effect that will award compensatory time off to federal workers who have to travel as part of their job.

The Office of Personnel Management published interim rules on compensatory travel time in the Federal Register this week. Comments must be submitted before March 29.

The new regulations are in response to provisions in the 2004 Federal Workforce Flexibility Act. That legislation languished for two years before it was signed into law in late October 2004. Sen. George Voinovich, R-Ohio, who originally introduced the legislation, said the new authorities will provide innovative tools to improve hiring, retention and management in the federal government.

Union leaders and a bipartisan array of lawmakers backed the legislation. Colleen Kelley, president of the National Treasury Employees Union, was especially supportive of the compensatory time off for work-related travel. She testified before Congress several times in defense of that language.

"The new rules will now allow federal employees to be credited with time off for uncompensated periods of official travel that occur during nonwork hours," said OPM Director Kay Coles James. "This is a benefit for federal employees [that is] not often available in the private sector, and these regulations implement legislation passed by Congress late last year. I appreciate the valuable input provided by employees and stakeholders throughout the development of the rules, especially from NTEU President Colleen Kelley."

The Federal Register provides precise definitions of what may be claimed as time off for travel. Employees must have travel "approved by an authorized agency official, or otherwise authorized under established agency procedures." The compensatory leave will be credited in direct proportion to the amount of time spent traveling for work. Agencies are responsible for managing their compensatory leave policies. Senior personnel officials will have the choice of authorizing compensatory leave in six or 15 minute increments.

The new rules state that employees are not eligible for compensatory leave if they are already being compensated for their travel time.

The OPM regulations parse time with strict detail. Usual waiting time, such as layovers between flights, may be counted under travel status. Meals and several other leisure activities, however, must be excluded from the computation of compensatory time off.

"If an employee experiences an extended [i.e. not usual] waiting time between actual periods of travel during which the employee is free to rest, sleep, or otherwise use the time for his or her own purposes, the extended waiting time is not creditable as time in a travel status," the interim rules state.

If employees travel to a temporary duty station directly from their home, they must deduct time that would usually be spent commuting to their official duty station.

The time off must be used within 26 pay periods after it is awarded.