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					                           BONNEVILLE POWER ADMINISTRATION
                                  HUMAN RESOURCES
                                    Portland, Oregon

PERSONNEL LETTER NO. 550-1 (Revised)                                 DATE: June 10, 2005

SUBJECT: Overtime, Compensatory Time, Premium Pay, and Adjustment of Work Schedules
for Religious Observances

I.     PURPOSE

       This Personnel Letter covers the rules, policies, and procedures in 5 CFR, Part 550, Pay
       Administration for: (a) overtime, compensatory time off, and other premium pay to
       annual employees; and (b) adjustments of work schedules for religious observances for all
       employees.

II.    PURPOSE OF REVISION

        This Personnel Letter is revised to: (a) address the regulatory prohibitions against paying
        premium pay to FLSA-exempt employees for most time spent in training; (b) address the
        new authority (in Section 203 of Public Law 108-411) to provide compensatory time to
        annual employee for official travel during non-duty hours; and (c) make other minor or
        corresponding changes. This Personnel Letter supersedes Personnel Letter No. 550-1,
        Overtime, Compensatory Time, Premium Pay, and Adjustment of Work Schedules for
        Religious Observances, dated January 30, 2004.

III.   COVERAGE                                                                                       Formatted


        For annual employees, the provisions of this issuance apply to employees covered by
        Subchapter V of Chapter 55 of Title 5, United States Code.

        For hourly employees, overtime and premium pay are paid under the provisions of the
        BPA-Columbia Power Trades Council Collective Bargaining Agreement. However,
        Sections VII. and XV., Approval and Documentation of Overtime, and Adjustment of
        Work Schedules for Religious Observances, respectively, do apply to hourly employees.

IV.    REFERENCES

        A.   5 U.S.C., Chapter 55, Subchapter V, Premium Pay
        B.   5 U.S.C., Chapter 61, Hours of Work
        C.   29 U.S.C., 201, Fair Labor Standards Act
        D.   5 CFR, Part 410.402, Premium Pay for Training
        E.   5 CFR, Part 550, Pay Administration (General)
        F.   5 CFR, Part 550, Subpart N, Compensatory Time Off for Travel
        G.   5 CFR, Part 551, Pay Administration under the Fair Labor Standards Act
        H.   5 CFR, Part 610, Hours of Duty


Personnel Letter No. 550-1 (Revised), June 2005                    Supersedes January 30, 2004
Human Resources, Diversity and EEO                                                           1
        I. Personnel Letter 312-1, Establishing Team Leader Positions and Assigning Team
           Leader Duties
        J. Personnel Letter 410-1, Employee and Organizational Development and Training
        K. Personnel Letter No. 550-2, On-Call Work Assignments and Scheduling for Annual
           Employees
        L. Personnel Letter 551-1, Fair Labor Standards Act (FLSA)
        M. Personnel Letter 610-5, Hours of Duty
V.     INTRODUCTION

        A. FLSA Status. The rules for overtime/compensatory time under 5 CFR Part 550
           Subpart A, and other premium pay (not including compensatory time for travel under
           5 CFR Subpart N) are tied to whether an employee is covered by the Fair Labor
           Standards Act (FLSA), as explained below and in the chart at the end of this section.

        B. Overtime. For annual employees, this Personnel Letter addresses overtime earned
           under 5 CFR, Part 550, Subpart A, regulations, and applies to all annual employees.
           Employees who are exempt from the FLSA always earn overtime under such Title 5
           regulations described in this Personnel Letter. Employees who are covered by the
           FLSA (non-exempt employees) can earn overtime under both FLSA and 5 CFR, Part
           550 regulations, and are entitled to whichever set of regulations provides more
           overtime pay in a workweek.

        C. Compensatory Time. There are two kinds of compensatory time:                              Formatted


            1. Compensatory time earned under overtime rules in 5 CFR Part 550, Subpart A.
               These rules are addressed in Section XIV. Compensatory time earned for non-
               exempt employees is earned only under FLSA regulations and is addressed in
               Personnel Letter No 551-1, Fair Labor Standards Act.

            2. A new form of compensatory time off for time spent by an employee in a travel
               status away from the employee’s official duty station when such time is not
               otherwise compensable under the authorities mentioned in the previous paragraph.
               These new rules are in 5 CFR Part 550, Subpart N, were effective January 28,
               2005, and are addressed in Section XVI. This type of compensatory time off for
               travel applies to both exempt and non-exempt employees.

        D. Other Premium Pay. Other premium pay (such as holiday premium pay, night
           differential, Sunday pay, etc.) is earned under 5 CFR, Part 550 regulations, applies to
           all annual employees (both exempt and non-exempt), and is addressed in this
           Personnel Letter.

       E. Fair Labor Standards Act (FLSA). FLSA provides for minimum standards for
          both wages and overtime entitlement, and spells out administrative procedures by
          which covered work time must be compensated. The table below summarizes the
          applicability of different rules contained in this issuance as they affect both exempt
          and non-exempt employees.


Personnel Letter No. 550-1 (Revised), June 2005                    Supersedes January 30, 2004
Human Resources, Diversity and EEO                                                               2
                                               Comp. Time         Comp. Time
                                            (Under 5 CFR, Part   (Under 5 CFR,       Other
         FLSA                               550, Subpart A & 5      Part 550,       Premium
        Coverage        Overtime Pay          CFR, Part 551)       Subpart N          Pay
                      Earned under          Earned under         Earned under Earned
       Exempt         Part 550,             Part 550, Subpart    Part 550,    under Title
                      Subpart A             A rules only         Subpart N    Part 550,
                      rules only                                 rules only   Subpart A
                                                                              rules only
                      Earned under     Earned under              Earned under Earned
       Non-           Part 550, Part   Part 551 rules            Part 550,    under Title
       Exempt         A rules, or Part only                      Subpart N    Part 550,
                      551 rules,                                 rules only   Subpart A
                      whichever                                               rules only
                      provides
                      greater pay in
                      a workweek

VI.    DEFINITIONS                                                                                     Formatted


       A. Administrative Workweek: The 7 consecutive calendar days, Sunday through
          Saturday, which have been established for BPA employees. (See Personnel Letter
          610-5, Hours of Duty, for authority to make exceptions.) The administrative
          workweek establishes the parameters for overtime and other premium pay
          entitlements.

       B. Basic Workweek: The regularly scheduled 40-hour workweek for full-time
          employees (or the regularly scheduled 80-hour biweekly work schedule for full-time
          employees on a compressed work schedule). For part-time employees, the basic
          workweek is the hours specified on their current Standard Form 50, Notification of
          Personnel Action (SF 50). The basic workweek establishes the daily and weekly tour
          of duty (these work hours may include regularly scheduled overtime) for each
          employee. (See Personnel Letter 610-5, Hours of Duty, for additional information).

       C. Compensatory Time Earned: An alternative form of compensation for overtime
          worked. It is time off for an equal amount of overtime worked, instead of pay.
          Compensatory time earned is subject to the conditions and requirements that apply to
          the payment of overtime, with some additional considerations as described in this
          Personnel Letter. See next paragraph and Section XVI. for definition and
          requirements for Compensatory Time–Travel.

       D. Compensatory Time for Travel: As used in Section XVI., this refers to a new form
          of compensatory time off for time spent by an employee in a travel status away from
          the employee’s official duty station when such time is not otherwise compensable
          under Section VIII.G. in this issuance, or under the provisions of Personnel Letter No.
          551 for non-exempt employees. Regulations that cover Compensatory Time–Travel
          are located in 5 CFR Part 550, Subpart N, and were effective January 28, 2005. The
Personnel Letter No. 550-1 (Revised), June 2005                      Supersedes January 30, 2004
Human Resources, Diversity and EEO                                                                 3
            rules for this type of compensatory time off for travel applies to both exempt and non-
            exempt employees.

       E. Travel: This refers to officially authorized travel (i.e., travel for work purposes that
          is approved by an authorized agency official or otherwise authorized under BPA
          policy).

       F. Compressed Work Schedule: An 80-hour, biweekly, basic work requirement, which
           must be scheduled for less than 10 workdays.

       G. Exempt Employees: Employees not covered by the overtime provisions of FLSA.
          The FLSA status of each employee is identified on his/her current SF 50.

       H. Holiday Premium Pay (also known as Pay for Holiday Work): Pay to which an
          employee is entitled for non-overtime work performed during those hours that
          conform to the employee’s regularly scheduled tour-of-duty. Work performed during
          hours that do not correspond to the employee’s regularly scheduled tour-of-duty are
          treated and paid as overtime.

       I.   Irregular or Occasional Overtime: Overtime that is not part of an employee’s
            regularly scheduled administrative workweek. Overtime that is not communicated to
            the employee prior to the start of the administrative workweek in which it occurs
            constitutes irregular overtime.

       J.   Manager: Includes manager and supervisors.

       K. Non-Exempt Employees: Employees covered by the provisions of FLSA. The
          FLSA status of each employee is listed on his/her current SF 50.

       L. Night Work: Regularly scheduled work (including regularly scheduled overtime)
          performed by an employee between the hours of 6 p.m. and 6 a.m.

       M. Overtime: Except for an employee on a compressed work schedule, overtime
          includes all work in excess of 8 hours in a day or in excess of 40 hours in an
          administrative workweek that is: (1) officially ordered or approved; and (2)
          performed by the employee. For a full-time employee on a compressed work
          schedule, overtime includes all work in excess of the compressed schedule. For a
          part-time employee on a compressed work schedule, overtime is paid after the same
          number of hours that a full-time employee on a similar schedule would begin to
          receive overtime pay.

       N. Rate of Basic Pay: The rate of pay fixed by law or administrative action for the
          position held by an employee, including any applicable special pay adjustment for
          law enforcement officers under section 404 of the Federal Employees Pay
          Comparability Act of 1990 (Pub. L. 101-509), locality-based comparability payment
          under 5 U.S.C. 5304, or continued rate adjustment under 5 C.F.R., Part 531, Subpart
          G, before any deductions and exclusive of additional pay of any other kind.

Personnel Letter No. 550-1 (Revised), June 2005                    Supersedes January 30, 2004
Human Resources, Diversity and EEO                                                               4
       O. Regularly Scheduled Administrative Workweek: For full-time employees, the
          period within an administrative workweek when they are regularly required to be on
          duty (normally Monday through Friday, but it can be any 5 or 6 consecutive days of
          the administrative workweek, and may include regularly scheduled overtime). For
          part-time employees, it is defined as the days and hours within an administrative
          workweek when the employees are regularly scheduled to work.

       P. Regularly Scheduled Overtime: Overtime work (regardless of whether it is coded
          as overtime or compensatory time earned) that is assigned and is part of an
          employee’s regularly scheduled administrative workweek. For example, regularly
          scheduled overtime includes pre-/post-shift activity that is associated with rotating
          shift work, and that an employee is required to perform. Another example is the
          situation in which an employee, who normally does not have a tour-of-duty that
          regularly includes overtime, is advised in advance of the administrative workweek in
          which the overtime is to be worked, that he/she will be required to work overtime on
          specific days and hours of the following administrative workweek.

       Q. Sunday Pay: The pay that an employee is entitled to for each hour of Sunday work,
          which is not overtime work and is not in excess of 8 hours for each regularly
          scheduled daily tour-of-duty that begins or ends on Sunday. (Note: For employees
          on a compressed work schedule, the maximum number of Sunday pay hours is the
          entire regularly scheduled daily tour-of-duty that begins or ends on Sunday (e.g., 10
          hours for employees under a 4-10 schedule).)

       R. Tour-of-Duty: The hours of a day (a daily tour-of-duty) and the days of an
          administrative workweek (weekly tour-of-duty) that constitutes an employee’s
          regularly scheduled administrative workweek.

       S.   Workday: Daily tour-of-duty, whether it falls entirely within the same calendar day
            or not.

VII. APPROVAL AND DOCUMENTATION OF OVERTIME                                                            Formatted


       A. Authority to Approve Overtime.

            1.    Managers have the authority to order and approve overtime for employees under
                  their administrative jurisdiction and have the option of delegating this authority
                  to annual team leaders if permitted by the line organization. This includes
                  authority to approve work assignments that involve work on a holiday or a day
                  designated as a holiday. Managers, but not team leaders, may approve changes
                  in work schedules, including those that result in entitlement to night pay
                  differential and Sunday pay.

            2.    Except for irregular or occasional overtime that may result from unexpected
                  causes, overtime must be approved in writing prior to the administrative
                  workweek in which the work will be performed (on form BPA F 2220.15e,
                  Overtime/Comp Time Request and Justification), or on the time sheet forms,
                  BPA F 2220.06e, Annual Employee Time and Labor worksheet (Long Form),
Personnel Letter No. 550-1 (Revised), June 2005                     Supersedes January 30, 2004
Human Resources, Diversity and EEO                                                                5
                  BPA F 2220.7e, Daily Work Report, BPA F 2220.08e, Time and Labor Hourly
                  Employee Worksheet, or BPA F 2220.09e, Substation Maintenance Time Sheet.
                  Therefore, when it is known in advance of an administrative workweek that an
                  employee or employees will be required to work overtime on specific days and
                  hours of the workweek, the authorizing official must communicate the specific
                  days and hours of overtime to the employee in writing.

       B. Requirement to Work Overtime. Managers, and team leads (who have delegated
          authority) may require employees to work overtime when, in their judgment, it is
          necessary to get the work done. When ordered to work overtime, an employee may
          request not to work; however, the final decision is the manager’s (or the annual team
          leader’s, if delegated).

       C. Continuous Review. Managers are responsible for continuous pre- and post-review
          of overtime work to see that it is kept to a minimum and that alternatives to overtime
          are used whenever possible.

       D. Conditions for Overtime Usage. Overtime is not scheduled for the convenience or
          need of the employee, but rather in response to an operational need of the unit,
          determined by the authorizing official. Overtime usage will be kept to the minimum
          level required for either essential mission activities or to that level that has the net
          effect of decreasing expenditures.

       E. Workload Accomplishment Alternatives.

                 1. Alternatives other than overtime are available to meet workload demands.
                    One alternative may be the rescheduling of the basic workday or
                    administrative workweek for some or all of the employees in a unit to
                    eliminate or reduce overtime. For example, an employee’s workweek could
                    be changed to Tuesday through Saturday if overtime was being incurred on a
                    regular basis on Saturdays because of work that could only be completed on
                    Saturday. Similarly, the daily start time could be moved up or back in those
                    situations where overtime is being incurred on a regular basis to staff a desk,
                    prepare end of day reports, etc. (See Personnel Letter 610-5, Hours of Duty,
                    when contemplating rescheduling the basic workday or week.)

                 2. It is the responsibility of the overtime approving official to consider
                    alternatives to overtime and to select the most appropriate alternative.

       F.   Employee Involvement. No employee may authorize or approve his/her own
            overtime work. Managers are expected to consider and approve all overtime activity
            in advance to the maximum extent practical.

       G. Leave and Overtime. Except to meet specific management requirements and/or
          bona fide employee emergencies, annual leave should not be approved for an
          employee when such approval will require that employee to work overtime on the
          same day on which leave is granted.

Personnel Letter No. 550-1 (Revised), June 2005                      Supersedes January 30, 2004
Human Resources, Diversity and EEO                                                                 6
       H. Documentation of Overtime. All regularly scheduled overtime must be requested
          and/or approved on Form BPA 2220.15e, Overtime/Comp Time Request and
          Justification, on the time sheet (BPA F 2220.06e, 2220.07e, 2220.08e, or 2220.09e),
          or on other time and labor reporting forms designed by line organizations to meet
          their needs. Such overtime must be approved in advance of the administrative
          workweek in which the overtime occurs in order to qualify as regularly scheduled
          overtime. With respect to irregular or occasional overtime, approval on the time and
          labor record is the minimum requirement.

VIII. HOURS OF DUTY USED TO DETERMINE OVERTIME ENTITLEMENT                                          Formatted
      UNDER 5 CFR, PART 550, SUBPART A, PREMIUM PAY

       A. Compensable Increments. Overtime is compensable in 15-minute increments. In
          accordance with case law decisions, irregular unscheduled overtime of 7 minutes or
          less is disregarded for pay purposes (8 + minutes are rounded up to 15 minutes).

       B. Paid Absence. A paid absence counts towards the daily/weekly basic work
          requirement for the purpose of determining overtime eligibility. For example, when
          an employee is absent from duty on any type of authorized paid leave or excused
          absence, overtime pay to which he/she would otherwise be entitled, is not reduced.
          Absence on a holiday, or on compensatory time off during the basic workweek, is
          considered to be on leave with pay. The use of previously earned credit hours is an
          “absence with pay” and is treated in the same manner as leave with pay for overtime
          compensation purposes.

       C. Unpaid Absence. An unpaid absence (e.g., leave without pay, furlough, absence
          without leave, or suspension) does not count towards the basic work requirement for
          the purpose of determining overtime eligibility.

                 Example: An employee who is not on a compressed work schedule takes 4 hours
                 Leave Without Pay (LWOP) on Monday. He/she works the remaining 36 hours of
                 the basic workweek, and then works 8 hours on Saturday. The employee is paid
                 the basic rate for 4 hours on Saturday and overtime for the other 4 hours.

                 Example: An employee who is not on a compressed work schedule takes 4 hours
                 LWOP on Monday. He/she works the remaining basic workweek but on Friday
                 works 16 hours. The employee is paid overtime for the 8 hours in excess of “8
                 hours in a day.” Eight hours of the time on Friday are regular time and 8 hours
                 are overtime.

       D. Night or Holiday Work. Hours of night or holiday work are included in determining
          the total number of hours of work in the same administrative workweek for overtime
          pay purposes.

       E. Meal Periods during Overtime. During overtime work, 30-minute meal periods are
          scheduled every 6 hours, unless the manager determines that it is impracticable to
          have either a full 30-minute period or any meal period at all. When either of such
          determinations is made, the reasons must be indicated on the time report. If the
Personnel Letter No. 550-1 (Revised), June 2005                   Supersedes January 30, 2004
Human Resources, Diversity and EEO                                                              7
            employee does not perform work during meal periods, the meal period is not counted
            as overtime work. If the employee is ordered to work during the meal period, such
            time is compensable.

       F.   Training.

            1. Training that occurs during an exempt employee’s regularly scheduled (non-
               overtime) tour of duty is considered hours of work (includes government or non-
               government facilities). However, in accordance with 5 CFR 410.402, exempt
               employees are generally not entitled to receive overtime or any other premium
               pay that may occur after such regularly scheduled duty hours, with the following
               exceptions (use of the following exceptions should be preceded by consultation
               with Personnel Services staff):

                 a.    Continuation of premium pay. An employee given training during a period of
                       duty for which he or she is already receiving premium pay for overtime,
                       night, holiday, or Sunday work shall continue to receive that premium pay.
                       This exception does not apply to an employee assigned to full-time training at
                       institutions of higher learning.

                 b. Training at night. An employee given training at night because situations that
                    he or she must learn to handle occur only at night shall be paid by the
                    applicable premium pay.

                 c. Cost savings. An employee given training on overtime, on a holiday, or on a
                    Sunday because the costs of the training, premium pay included, are less than
                    the costs of the same training confined to regular work hours shall be paid the
                    applicable premium pay.

            2. An exempt employee assigned to full-time training at an institution of higher
               learning may not receive any form of premium pay under any circumstances.
               Managers should notify the employee in advance that attending the training
               session will not result in any premium pay (includes earning compensatory time).
               The prohibitions of premium pay for training listed above do not apply to non-
               exempt employees (instead, see Personnel Letter No. 551-1 for such rules).

       G. Travel Time.

            1.    Time spent by an employee in travel status away from his/her official duty
                  station is not considered as hours of work for overtime pay purposes except when
                  the following conditions exist (see Appendix A, attached, for more information).
                  (Note: If not compensable under this Section, such time may be
                  compensable under Section XVI. and Appendix B):

                  a.    When travel is performed within the days and hours of the employee’s
                        regularly scheduled administrative workweek, including regularly scheduled
                        overtime work; or
Personnel Letter No. 550-1 (Revised), June 2005                      Supersedes January 30, 2004
Human Resources, Diversity and EEO                                                                 8
                  b.   When the travel meets one or more of the following conditions:

                       (1) It involves the performance of work while traveling;

                       (2) It is incidental to travel that involves the performance of work while
                           traveling;

                       (3) It is carried out under arduous conditions; or

                       (4) It results from an event that could not be scheduled or controlled
                           administratively. Such events are rare and have been interpreted
                           conservatively in case law decisions.

            2.    The possibility of granting overtime pay to an employee while in travel status
                  must be approved prior to the travel and should occur rarely. Therefore,
                  Personnel Services staff may be consulted, in advance, when there is a
                  questionable overtime pay entitlement during planned travel. Such consultations
                  should prevent misunderstandings or false expectations on the part of an
                  employee when travel time is not compensable, and prior knowledge of non-
                  compensable travel time permits the rescheduling of travel, if appropriate. In
                  order to approve overtime during travel time, the authorizing official should
                  document the situation in writing and maintain such documentation.

            3. Insofar as practicable, employees should not be required to travel during non-duty
               hours. If it is necessary for an employee to travel under conditions that would not
               entitle the employee to overtime pay or any form of compensatory time, the
               manager may be required to record, in writing, the reasons for ordering travel at
               those hours. Refer to BPA’s Collective Bargaining Agreements for more
               information.

       H. Callback Overtime Work. Callback overtime work occurs when the employee: (1)
          performs overtime work on a day outside of the employee’s basic workweek; or (2) is
          ordered to return to his/her place of employment to perform overtime work. In such
          cases, the employee must be compensated at the overtime rate of pay for at least 2
          hours, even if the actual time worked is less than 2 hours. (Note: See Personnel
          Letter No. 550-2 for additional information for employees who are placed in an “on-
          call” status. Such employees who perform overtime work while in an on-call status
          may be entitled to overtime, in quarter-hour increments, for overtime work that does
          not meet the criteria for the 2-hour minimum “callback” overtime rule.)

IX.    MAXIMUM EARNINGS LIMITATION UNDER 5 CFR PART 550, SUBPART A                                    Formatted


       A. An employee may be paid overtime (including earned compensatory time off) and
          other premium pay only to the extent that the payment does not cause the employee’s
          aggregate rate of pay for any pay period to exceed the greater of the bi-weekly rate
          for GS-15, step 10 (including any applicable special salary rate or locality rate of
          pay), or the bi-weekly rate for level V of the Executive Schedule. Consequently, a
Personnel Letter No. 550-1 (Revised), June 2005                     Supersedes January 30, 2004
Human Resources, Diversity and EEO                                                                9
            covered employee who is at the maximum rate may not be compensated for any
            overtime, even though he/she may be required to work it (compensatory time off may
            not be substituted for overtime that cannot be paid). (The maximum earning
            limitation does not apply to Compensatory Time–Travel. See Section XVI.)

       B. BPA may authorize the limitation to be applied on an annual, rather than a biweekly
          basis, for work in connection with an emergency that involves a direct threat to life or
          property. In such a case, employees may be paid premium pay to the extent that the
          aggregate of basic pay and premium pay for the calendar year does not exceed the
          greater of the annual rate for GS-15, step 10 (including any applicable special salary
          rate or locality rate of pay), or level V of the Executive Schedule. The work must be
          directly related to resolving or coping with the emergency or its aftermath.

X.     OVERTIME RATE                                                                                 Formatted


       If an employee’s rate of basic pay is equal to or less than the minimum (step 1) rate of
       basic pay for GS-10, his/her overtime rate is one and one-half times his/her rate of basic
       pay. If an employee’s rate of basic pay is greater than minimum rate of basic pay for
       GS-10, his/her overtime rate is the greater of: (a) one and one-half times the minimum
       rate of basic pay for GS-10; or (b) the employee’s own hourly rate of basic pay. Overtime
       work on Sundays and holidays is paid for at the same rate as overtime work on other days.
       As used in this paragraph, the “rate of basic pay” includes any applicable locality rate of
       pay or special salary rate.

XI.    NIGHT WORK PAY DIFFERENTIAL                                                                   Formatted


        A. Night work is regularly scheduled work between the hours of 6 p.m. and 6 a.m.
           Work performed during this time period that is not regularly scheduled (scheduled in
           advance of the administrative workweek in which it occurs) is not compensated as
           night work pay. Regularly scheduled work includes regularly scheduled overtime,
           regardless of whether such time is coded as overtime or compensatory time earned.

       B. Employees receive a night work pay differential of 10 percent of their basic rate of
          pay for night work.

       C. Employees entitled to night work pay differential continue to receive it for those night
          work hours when: (1) excused from work on a holiday or other non-work day (e.g.,
          closure due to weather emergency); (2) in an official travel status for night hours that
          correspond to the employee’s tour-of-duty, whether or not performing actual duty;
          and (3) excused from night work for jury duty (on approved court leave) whether or
          not jury duty is performed during the employee’s scheduled tour-of-duty.

       D. An employee is entitled to night work pay differential for a period of paid leave only
          when the total amount of that leave, including both night and day hours, is less than 8
          hours in a pay period.



Personnel Letter No. 550-1 (Revised), June 2005                   Supersedes January 30, 2004
Human Resources, Diversity and EEO                                                              10
       E. Night work pay differential is in addition to any other premium pay (i.e., overtime,
          Sunday, and holiday premium pay), and is not included in the rate of basic pay used
          to compute the overtime, Sunday, or holiday premium pay.

       F.   An employee is entitled to a night work pay differential when his/her tour-of-duty in
            an administrative workweek is temporarily changed to include a daily tour-of-duty
            that includes night work.

XII. HOLIDAY PREMIUM PAY                                                                              Formatted


       A. An employee who works during the hours that correspond to his/her tour-of-duty, on
          a holiday, is entitled to “double-time pay” for all such work (regularly scheduled
          overtime is not considered part of the regular tour-of-duty for this purpose).

                 Example: If an employee has a work schedule of 7:30 a.m. to 4:15 p.m., Monday
                 through Friday, Monday is a holiday, and the employee works on Monday from 8
                 a.m. to 12 p.m., he/she receives holiday premium pay for those 4 hours. If he/she
                 has a rate of basic pay of $10.00 per hour, he/she would be paid $20.00 per hour
                 for the 4 hours of holiday time worked, and 4 hours of basic pay at $10.00 per
                 hour for the remaining 4-hour portion of the shift that was not worked.

            On the other hand, any work performed by the same employee outside of the hours in
            his/her tour-of-duty, are compensable at either the employee overtime rate (if
            applicable) or at the employee’s rate of basic pay (if the time is not compensable as
            overtime).

       B. An employee who works on a holiday is entitled to a minimum of 2 hours of holiday
          premium pay even if the actual time worked is less than 2 hours.

       C. Compensatory time off instead of holiday premium pay is not permitted.

       D. Holiday premium pay is not included in the rate of basic pay used to compute
          overtime pay, night pay differential, or premium pay for Sunday work.

       E. Night pay differential is excluded from the basic rate of compensation in computing
          holiday premium pay. However, an employee may receive night pay differential in
          addition to holiday premium pay.

XIII. COMPENSATION FOR SUNDAY WORK (SUNDAY PREMIUM)                                                   Formatted


       When a full-time employee’s basic workweek includes any part of the Sunday workday
       (midnight Saturday through midnight Sunday) the employee will be paid for the entire
       shift(s) at his/her basic rate of pay, plus 25 percent of that rate. Depending on the start
       time, (i.e., 11:45 p.m. Saturday and 11:45 p.m. Sunday) two shifts may be eligible for
       compensation at the Sunday rate. (NOTE: Only full-time employees are entitled to
       premium pay for Sunday work.) Sunday premium pay is paid for qualifying hours that are
       actually worked. Hence, it is not paid when no work is performed, including annual leave,

Personnel Letter No. 550-1 (Revised), June 2005                    Supersedes January 30, 2004
Human Resources, Diversity and EEO                                                               11
       sick leave, military leave, court leave, excused absences, leave without pay, non-work on
       a holiday, use of compensatory time off, or use of credit hours.

            Example: If an employee’s tour-of-duty is 8 a.m. to 4 p.m., Wednesday through
            Sunday, then the employee is entitled to Sunday pay for Sunday’s 8 a.m. to 4 p.m.
            shift.

            Example: If an employee’s tour-of-duty is midnight to 8:00 a.m., Thursday through
            Monday, then the employee is entitled to Sunday pay for the shift that starts at
            midnight Saturday and ends at 8 a.m. Sunday. However, if the shift was changed to
            start 15 minutes earlier, the employee would also be entitled to Sunday pay for
            Monday’s shift that starts on Sunday at 11:45 p.m.

XIV. COMPENSATORY TIME FOR FLSA-EXEMPT EMPLOYEES UNDER 5 CFR                                            Formatted
     PART 550, SUBPART A

        (Note: With respect to the compensability of travel time, the provisions of Section
        VIII.G. are first applied to determine any employee entitlement to compensation. If
        the travel time is compensable under Section VIII.G., then it is compensated as
        overtime or as compensatory time under this Section. If the travel time is not
        compensable under Section VIII.G., it may be compensable under Section XIV.)

       A. Relation to Overtime. Compensatory time under 5 CFR Part 550, Subpart A is an
          alternative to payment for overtime. Therefore, it can only be earned if the work is
          compensable as overtime. It is not possible to earn compensatory time for work that
          does not first qualify as overtime. Some examples are:

            1.    Callback time may be credited as compensatory time.

            2.    Time in a travel status, which does not qualify for overtime, does not qualify for
                  compensatory time under 5 CFR Part 550, Subpart A. (However, such travel
                  may be compensable under Section XIV.)

            3.    Work on a holiday during regular duty hours entitles the employee to holiday pay
                  (not overtime), and compensatory time may not be substituted. Work on a
                  holiday outside regular duty hours may be credited as overtime, and
                  compensatory time can, therefore, be substituted.

       B. Request/Election to Earn Compensatory Time Off Under 5 CFR 550 Subpart A.
          Subject to the conditions described in this Personnel Letter, an employee may request
          approval to earn compensatory time in lieu of pay for overtime. If compensatory time
          is permissible, managers should normally approve requests for compensatory time in
          lieu of paid overtime. Please note that bargaining unit employees, depending on the
          provisions of the applicable Collective Bargaining Agreement, may have the right to
          elect either form of compensation for work that otherwise qualifies for compensation;
          please refer to the appropriate Collective Bargaining Agreement

       C. Rules for Earning Compensatory Time Off Under 5 CFR 550, Subpart A.
Personnel Letter No. 550-1 (Revised), June 2005                      Supersedes January 30, 2004
Human Resources, Diversity and EEO                                                                 12
            1.    An employee on flexi-schedule may earn compensatory time for irregular and
                  occasional overtime, as well as for regularly scheduled overtime.

            2.    An employee on a fixed schedule may earn compensatory time for irregular or
                  occasional overtime, but not for regularly scheduled overtime.

            3.    Compensatory time is earned in an amount equal to the overtime worked. It is
                  authorized in lieu of overtime pay in the same manner as is prescribed for
                  overtime. It is earned and used in multiples of 1/4 hour.

       D. Rules for Usage of Compensatory Time Off Under 5 CFR 550 Subpart A.

            1.    Compensatory time off must be taken within 1 year following the date on which
                  overtime work was performed.

            2.    Employees must use compensatory time before using annual leave if, at the time
                  of an absence, an employee’s projected annual leave balance at the end of the
                  leave year is less than or equal to 240 hours or their grand-fathered carry-over
                  balance.

        E. Payment for Unused Compensatory Time Off Under 5 CFR 550, Subpart A.

            1. Employees must be paid for any unused compensatory time when:

                  a.   It is not used within 1 year; or

                  b.   They separate from Federal service, transfer to another agency, or move to a
                       position in the Department of Energy outside of BPA

            2. “Cashed-out” compensatory time off is paid at the overtime rate that was in effect
                at the time it was earned. The payroll system tracks, computes, and pays these
                amounts automatically. Therefore, time reported, as compensatory time earned
                cannot be later changed to overtime and “cashed out” before this automatic
                process occurs. However, if an employee is separated or transferred before using
                the time set aside for religious observances, any hours not used must be paid at
                the employee’s rate of basic pay in effect when the extra hours of work were
                performed.

       F.   Recordkeeping. Managers are responsible for insuring that the earning and use of
            compensatory time off is recorded in accordance with BPA’s time and labor reporting
            instructions.

XV.    ADJUSTMENT OF WORK SCHEDULES FOR RELIGIOUS OBSERVANCES                                          Formatted


       A. The law provides that an employee whose personal religious beliefs require
          abstention from work during certain periods of time may elect to work compensatory
          overtime for time lost in meeting those religious requirements. Employees may work
Personnel Letter No. 550-1 (Revised), June 2005                     Supersedes January 30, 2004
Human Resources, Diversity and EEO                                                                13
            the compensatory overtime before or after using the compensatory time off. The
            hours worked do not create any entitlement to premium pay (including overtime pay).

       B. Managers shall afford an employee the opportunity to work compensatory overtime,
          and shall grant compensatory time off for religious observances when the employee’s
          personal religious beliefs require that the employee abstain from work during certain
          periods of the workday or workweek. The only basis for denying a request for
          compensatory time for religious observances is that it would cause a severe disruption
          of the work.

       C. Requests to use compensatory time for religious observances, including advances of
          compensatory time for this purpose, are made using form OPM 71, Request for Leave
          or Approved Absence. The employee should indicate in the remarks section of the
          OPM Form 71 that the time is for religious observances. This provides acceptable
          documentation of the need to abstain from work.

       D. An advance of compensatory time off for religious observances must be repaid by
          working an equal amount of compensatory time. This repayment must be completed
          by the end of the third biweekly pay period following the pay period in which the
          absence occurred. Any overtime worked after the absence shall be reduced by the
          amount of the absence before any entitlement to overtime accrues. Payroll will
          automatically make this reduction, and if the debt has not been repaid by the end of
          the third pay period they will deduct, in the following order, the appropriate amount
          of compensatory time off, credit hours, or annual leave, and will, if necessary, charge
          leave without pay to repay the time. If an employee is absent when he or she is
          scheduled to perform work to make up for an absence that has already occurred for a
          religious observance, the employee must take paid leave, request leave without pay,
          or be charged absent without leave, if appropriate. These are the same options that
          apply to any other absence from an employee’s basic work schedule.

XVI. COMPENSATORY TIME OFF FOR TRAVEL UNDER 5 CFR, PART 550,
     SUBPART N.

        (Note: The material in this Section summarizes the pertinent rules. See Appendix
        B for more detailed information.)

        A. Compensatory Time For Travel. Managers must credit employees with
           compensatory time off under the provisions of this Section for time in a travel status
           if both of the following criteria are met:

            1. The employee is required to travel away from the official duty station during non-
               duty hours; and

            2. The travel time is not otherwise compensable hours of work under Section VIII.G.
               in this issuance, or under the provisions Personnel Letter No. 551-1 for non-
               exempt employees.


Personnel Letter No. 550-1 (Revised), June 2005                   Supersedes January 30, 2004
Human Resources, Diversity and EEO                                                              14
        B. Travel Status. Time in a travel status includes the time an employee actually spends
           traveling between the official duty station and a temporary duty station or between
           two temporary duty stations, and the usual waiting time that precedes or interrupts
           such travel. See Appendix B for more detailed information on the meaning of travel
           status, usual waiting time, and other rules.

        C. Documentation, Crediting and Use of Compensatory Time for Travel Under 5
           CFR Part 550, Subpart N.

            1. Compensatory Time for Travel must be requested and/or approved on Form BPA
               2220.15e, Overtime/Comp Time Request and Justification (or other approved
               forms listed in Section VII.A.2.).

            2. Compensatory Time for Travel can be earned and used 15-minute increments.

            3. Compensatory Time for Travel must be recorded in BPA’s Time and Labor
               System under the appropriate Time Reporting Code (TRC).

            4. Employees must request to use earned Compensatory Time for Travel by the end
               of the 26th pay period after the pay period in which it was earned. If unused by
               that time, it will be forfeited except in limited circumstance (see Appendix B).

            5. Employees must request approval from their managers to schedule the use of
               earned Compensatory Time for Travel in accordance with established leave
               requesting procedures.

            6. Employees must use earned Compensatory Time for Travel before using regular
               compensatory time or annual leave if, at the time of the absence, an employee’s
               projected annual leave balance at the end of the leave year is less than or equal to
               240 hours or their grand-fathered carry-over balance.




Godfrey C. Beckett
Manager, Human Resources, Diversity and EEO

Attachments:
Appendix A – Further Guidance for Determining Hours of Work While in a Travel Status Under
      5 CFR, Part 550, Subpart A
Appendix B – Questions and Answers (and Examples) on Compensatory Time for Travel Under
      5 CFR, Part 550, Subpart N




Personnel Letter No. 550-1 (Revised), June 2005                    Supersedes January 30, 2004
Human Resources, Diversity and EEO                                                               15
                                                                                    APPENDIX A

           FURTHER GUIDANCE FOR DETERMINING HOURS OF WORK
         WHILE IN A TRAVEL STATUS UNDER 5 CFR, PART 550, SUBPART A

This guidance is to be used only to determine whether time in a travel status is deemed to be
compensable hours of duty under 5 CFR, Part 550. Time spent in travel status away from the
employee’s official duty station is considered to be hours of duty (for pay purposes) only when:

A.     The time spent in travel status is within the employee’s regularly scheduled tour-of-duty
       including regularly scheduled overtime hours.

       DISCUSSION:

       1.   Regularly scheduled tour-of-duty is defined as being the work schedule that was
            scheduled by the manager in advance of the administrative workweek. A manager
            must make any changes to an employee's work schedule prior to the week for which
            the change in the work schedule applies in order for the change to be considered the
            employee’s regularly scheduled tour-of-duty. (Because the administrative workweek
            begins on Sunday, changes must be made by the prior Saturday.)

       2.   Regularly scheduled overtime hours are overtime hours that are part of an employee’s
            regularly scheduled administrative workweek. For example, if a manager had
            scheduled an employee (as described in paragraph A.1, above) to work 3 hours of
            overtime on Monday and Wednesday, those hours would be regularly scheduled
            overtime. If the employee were traveling during either of these two 3-hour periods,
            the travel time would be considered to be hours of work and would be paid at the
            overtime rate.

       3.   For purposes of this section, the overtime work that is scheduled must have been for
            the purpose of performing work in the employee’s assigned function and may not
            have been scheduled solely for the purpose of travel. Likewise, overtime work may
            not be scheduled to be accomplished while traveling unless it is work that must be
            performed while traveling (see paragraph B, below).

B.     The travel involves the performance of actual work while traveling.

       DISCUSSION:

       1.   The employee must be performing work that his/her job was intended to accomplish,
            and that can only be performed while traveling (e.g., when riding in an airplane to do
            aerial photography of transmission towers and/or lines, if the employee is a
            photographer).

       2.   On the other hand, an engineer who is hired to design engineering projects cannot be
            paid overtime for time spent in travel status, even though he/she was “designing a

Personnel Letter 550-1, Appendix A, (Revised) January 2004              Supersedes April 11, 2003
Human Resources, Diversity and EEO                                                             16
            project,” if the travel occurs outside the engineer’s regularly scheduled administrative
            workweek. This prohibition applies to the vast majority of BPA employees.

C.     The travel is incidental to travel that involves the performance of work while traveling.

       DISCUSSION:

       1.   An employee will generally be in this situation when he/she is on a “deadhead” trip,
            either: (a) traveling to a destination to board a means of transportation upon which
            he/she will be performing work while traveling; or (b) having performed work while
            traveling and then returning to his/her official duty station. An example of work of
            this type is a pilot who, after completing his/her basic work requirement, is a
            passenger in an airplane deadheading to a location to pick up a plane, which he/she
            must fly (pilot) to another destination. Or, using the same photographer and situation
            from the previous discussion, a photographer is entitled to overtime for all the travel
            time, even while riding (but not yet “shooting” pictures) to the location where he/she
            will shoot the aerial photographs and while traveling back to his/her residence. This
            entitlement occurs because the travel was incidental to the assignment, that of
            shooting aerial photographs, which had to be shot while flying.

       2.   An example of travel not meeting this condition would be travel to and from a
            hearing, since the hearing is not work that will be performed while traveling.

D.     The travel is carried out under such arduous conditions that the travel is inseparable from
       work.

       DISCUSSION:

       Arduous conditions, as used in the governing law (5 U.S.C. 5542 (b)(2)(B)) and as
       interpreted by case law, are conditions that impose a substantial burden on the traveler
       beyond that normally associated with travel, such as those imposed by unusually adverse
       terrain, severe weather conditions, and remote sites inaccessible by ordinary means of
       transportation. Absent some very unusual circumstances, travel by motor vehicle over
       hard surfaced roads or by common carrier, including airlines, is not travel under arduous
       conditions, even though it may occur at night, continue over an extended period of time,
       and involve some discomfort or risks.

E.     The travel results from an event that could not be scheduled or controlled administratively
       by the Executive Branch of the Federal Government.




Personnel Letter 550-1, Appendix A (Revised), June 2005                Supersedes January 30, 2004
Human Resources, Diversity and EEO                                                              17
       DISCUSSION:

       1.   Events Under the Control of BPA or Other Federal Government Executive Branch
            Agencies. Overtime is not paid for travel to or from an event that was under the
            control of BPA or any other Federal (Executive Branch) Agency (e.g.,
            government-sponsored training or conferences, meetings with other government
            agencies or meetings arranged by government agencies, scheduled power outages, or
            inspections).

            Note: The fact that travel regulations do not permit the payment of per diem over a
            2-day weekend cannot be used as the basis for the payment of overtime for the travel
            on a Sunday in order to attend a government-sponsored or arranged event on
            Monday. See section VIII.F.3. in Personnel Letter 550-1 to which this Appendix is
            attached.

       2.   Events Not Under the Control of BPA or other Federal Government Executive
            Branch Agencies. Travel to events that are not under the control of BPA may qualify
            for the payment of overtime. In order to qualify, however, there must also be an
            immediate official necessity in connection with the event requiring the travel to be
            performed outside an affected employee’s regular hours. An immediate official
            necessity means that the presence of an employee is absolutely critical in order for
            that agency to conduct its required mission or respond to events associated with its
            mission.

            a.   As an example, an electrical engineer whose duty station is Portland, Oregon, has
                 a regular schedule of Monday through Friday, 7:30 a.m. to 4:15 p.m. A line
                 outage due to severe weather conditions requires the employee to be sent to the
                 Seattle, Washington, area on Tuesday afternoon in order to monitor and report on
                 the effect repair activities are having at Puget Sound Power & Light Company.
                 The employee leaves Portland at 3:15 p.m. by car and arrives at the Bellevue,
                 Washington, office of Puget Sound Power & Light at 6:30 p.m. Monitoring and
                 reporting activities are completed at 8 p.m. The employee leaves Bellevue at
                 8:15 p.m., and returns to his/her home in Gresham, Oregon, at 11:30 p.m.

                 The event that caused the employee to be sent to Bellevue was clearly not under
                 BPA’s control. There was also an immediate official necessity for the employee
                 to travel to Bellevue in order to monitor and report on repair activities. The time
                 spent in travel status from 3:15 p.m. through 4:15 p.m. was part of the
                 employee’s regularly scheduled workday and he/she is entitled to straight time
                 pay for this period of time. He/she is also entitled to overtime compensation for
                 the travel time from 4:15 p.m. through 6:30 p.m., and the overtime worked
                 through 8 p.m. The engineer’s return travel time, in this case, will also be
                 compensable at the overtime rate.

            b.   Travel outside an employee’s regular work hours to attend training put on by an
                 institution outside the Executive Branch of the U.S. Government, and not for the
                 sole benefit of the Executive Branch, will be considered hours of employment for
                 which overtime pay may be authorized. Because the training is not being
Personnel Letter 550-1, Appendix A (Revised), June 2005                 Supersedes January 30, 2004
Human Resources, Diversity and EEO                                                               18
                 conducted solely for the benefit of the Executive Branch (for example, a
                 university seminar open to any qualified attendee), it is not under the Executive
                 Branch’s administrative control. Also, in these situations, the scheduling of the
                 event itself supplies the immediate official necessity, depending on the timing,
                 for travel outside regular hours in order to accommodate the schedule of the
                 training. Depending on the timing and duration of the training, both travel to the
                 training and/or return travel outside the employee’s regular hours may qualify for
                 overtime pay.

            c.   When a training course is conducted by an institution (for example, a school or
                 consulting firm under contract to BPA), for the benefit of the Federal government
                 (Executive Branch), it is assumed that the government can control the scheduling
                 of the course and, therefore, the event is under the administrative control of the
                 government. In this case, the authorization of overtime for travel is not
                 permissible, even though the event was not scheduled to accommodate travel
                 during the regular hours of every participant.

            d.   Training courses put on by a Federal government (Executive Branch) entity (for
                 example, the Office of Personnel Management, the General Services
                 Administration, the Department of Energy, etc.), are considered to be under the
                 administrative control of the government and do not qualify.




Personnel Letter 550-1, Appendix A (Revised), June 2005                Supersedes January 30, 2004
Human Resources, Diversity and EEO                                                              19
                                                                                     APPENDIX B

        QUESTIONS AND ANSWERS (AND EXAMPLES) ON COMPENSATORY
            TIME FOR TRAVEL UNDER 5 CFR, PART 550, SUBPART N

Q.1. What is the new compensatory time earned for travel, and when did it become
effective?

A.1. BPA annual employees may now earn compensatory time off for time spent in a travel
status during non-duty hours away from an employee’s official duty station, when such time is
not otherwise compensable under: (a) the provisions of Section VIII.G. in this issuance (and
paid as either overtime or as compensatory time under Section XIV.); or under the provisions of
Personnel Letter No. 551-1 for non-exempt employees. This authority was effective on January
28, 2005.

Q.2. Are all BPA employees covered by this new provision?

A.2. The new form of compensatory time off provision applies only to annual employees,
without regard to whether the employee is exempt or non-exempt for FLSA overtime pay
purposes. This does not include intermittent employees and members of the Senior Executive
Service (SES).

For employees on a part-time schedule, compensatory time off for travel is generally earned only
for hours in excess of 8 hours in a day, or 40 hours in a week. Work-related travel time outside a
part-time employee's scheduled tour of duty, but not in excess of 8 hours in a day or 40 hours in
a week, is credited as non-overtime hours of work.

Q.3. What qualifies as travel status to earn this new form of compensatory time?

A.3. To qualify for this purpose, travel during non-duty hours must be officially authorized and
be for work purposes. Travel status includes only the time actually spent traveling between the
official duty station and a temporary duty station, or between two temporary duty stations and
the usual waiting time that precedes or interrupts such travel.

Time that is not creditable as time in a travel status during non-duty hours includes:

                Time spent at a temporary duty station between arrival and departure. Once an
                 employee reaches the temporary duty station, he/she is no longer considered to be
                 in a travel status.

                Bona fide meal periods during actual travel time or waiting time (see Q.8.)

                When an employee experiences an extended waiting time between actual periods
                 of travel during which the employee is free to rest, sleep, or otherwise use the
                 time for his/her own purposes.



Personnel Letter 550-1, Appendix A (Revised), June 2005                Supersedes January 30, 2004
Human Resources, Diversity and EEO                                                              20
Q.4. What is the procedure required to request the new form of compensatory time for
travel?

A.4. Earning compensatory time for travel during non-duty hours must be officially authorized
on BPA form 2220.15e, Overtime/Comp Time Request and Justification form (or other approved
forms listed in Section VII.A.2.). The revised form includes the check box, Travel-
Compensatory Time, to indicate the type of overtime requested.

Q.5. Is there a limitation on the amount of compensatory time off for travel an employee
may earn?

A.5. No. However, managers/supervisors should use discretion when scheduling travel during
non-duty hours, as employees should not be required to travel during non-duty hours if there is
minimal cost or impact on work by waiting until employees’ regularly scheduled work hours.

Q.6. How is the new compensatory time off for travel earned/used and tracked?

A.6. The new form of compensatory time for travel will be earned/used in 15-minute
increments. The employee must request to use the compensatory time for travel by following the
same procedures established for leave purposes. The specific Time Reporting Codes for this
type of compensatory time must be used in the Time and Labor system to record the amounts
earned and used. Unused amounts will forfeit at the end of the 26th pay period after the pay
period in which it was earned (except in certain circumstances--see Q. 16).

Note: Because this new form of compensatory time will forfeit, and not “cash out,” it should be
used before other earned compensatory time and annual leave. An individual may not receive
payment under any circumstances for any unused compensatory time off he/she earned under 5
CFR, Part 550, Subpart N.

Managers will approve requests for use of earned compensatory time off for travel unless there is
a need for the employee’s services. To avoid forfeiture, employees are encouraged to request
approval to use such time off well in advance of when it would be otherwise forfeited.

In addition, any compensatory time for travel earned will be forfeited if an employee separates
from Federal service, voluntarily transfers to another agency (including a promotion or change to
lower grade action), or moves to a position in an agency (e.g., Postal Service) that is not covered
under 5 CFR, Part 550, Subpart N.

Q.7. What does “usual waiting time” mean?

A.7. Usual waiting time at an airport or train terminal is the actual waiting time, up to 2 hours,
and is creditable as time in a travel status. Usual waiting time is reduced by any time during the
employee’s regular duty hours. It is also reduced by any time for bona fide meal periods
(see Q. 8). The time begins when the employee is physically in the terminal, including waiting
in line to check in, but not time in the parking lot or traveling from the parking lot to the
terminal.


Personnel Letter 550-1, Appendix A (Revised), June 2005               Supersedes January 30, 2004
Human Resources, Diversity and EEO                                                             21
Q.8. What is a bona fide meal period?

A.8. A bona fide meal period means the time an employee uses to eat a meal while waiting for a
flight or train in which s/he has at least 1 hour in a departure, intervening, or final destination
terminal and has at least 30 minutes to eat in a restaurant or waiting area. At an intervening
terminal, the employee must have at least 1 hour from the time that the first flight or train arrives
at a terminal and the next one actually departs.

For example, if an employee needs 20 minutes to purchase a fast food meal and eat it in a
waiting area with 1 hour and 10 minutes before the next flight, then 30 minutes is reported as the
meal period since time is reported in 15-minute increments.

Eating on a flight or train is not a bona fide meal period unless the employee has at least 1 hour
in a terminal and chooses to purchase a meal in the terminal to carry on the flight or train, in
which case a meal period should be imputed to reduce the total travel time credited for
compensatory time for travel.

Q.9. How is compensatory time for travel determined when a flight or train is delayed or
cancelled?

A.9. Waiting time (outside an employee’s regular work hours) for a delayed or cancelled flight
or train, is credited for non-duty hours up to the time that the employee is notified of the
cancellation, but no more than 2 hours, reduced by any time for bona fide meal periods (see Q.
8), rest and/or sleep, or personal use (e.g., shopping in a terminal).

When the cancellation occurs at the initial departure terminal, then the employee’s travel time
back home (reduced by the employee’s normal commute time) or to his/her hotel may be
credited as compensatory time for travel, but only if the travel occurs outside the employee’s
regular duty hours.

When the cancellation occurs at an intervening terminal, then the travel time to and from a hotel
for an overnight stay is creditable time if it occurs outside the employee’s regular duty hours, but
the time at the hotel is not creditable because it is regarded as personal time for rest and/or sleep.

An extended waiting period that occurs during an employee’s regular working hours is
compensable as part of the employee’s regularly scheduled administrative workweek rather than
as compensatory time for travel.

                                                                                                         Formatted




Personnel Letter 550-1, Appendix A (Revised), June 2005                  Supersedes January 30, 2004
Human Resources, Diversity and EEO                                                                22
Q.10. When is it appropriate to offset creditable time in a travel status by the amount of
time the employee spends in normal commuting between home and work?

A.10. If an employee travels directly between his/her home and a temporary duty station that is
outside the limits of the employee’s official duty station (e.g., driving to a meeting or
conference), the employee’s normal home-to-work/work-to home commuting time must be
deducted from the creditable travel time.

If the employee is required to travel outside of regular working hours between home and a
transportation terminal that is outside the limits of the employee’s official duty station, then
normal commuting time must also be deducted.

Q.11. What if an employee travels to a transportation terminal within the limits of his or            Formatted
her official duty station?

A.11. An employee’s time spent traveling outside of regular working hours to or from his/her
home and a transportation terminal within the limits of his/her official duty station is considered
equivalent to commuting time and is not creditable time in a travel status.

If an employee travels between a worksite and a transportation terminal, the travel time outside
regular working hours is creditable as time in a travel status, and no commuting time offset
applies.

Q.12. How is an employee's travel time calculated for the purpose of earning
compensatory time off when the travel involves two or more time zones?

A.12. When an employee's travel involves two or more time zones, the time zone from point of
first departure must be used to determine how many hours the employee actually spent in a travel
status for the purpose of accruing compensatory time off. For example, if an employee travels
from his official duty station in Washington, DC, to a temporary duty station in San Francisco,
CA, the Washington, DC, time zone must be used to determine how many hours the employee
spent in a travel status. However, on the return trip to Washington, DC, the time zone from San
Francisco, CA, must be used to calculate how many hours the employee actually spent in a travel
status.

Q.13. Is compensatory time for travel available for an employee who chooses to return                 Formatted
early from a trip?

A.13. With supervisory approval, an employee may return from a trip early (e.g., the night
before he/she was otherwise authorized to travel during normal work hours or during a non-work
day or holiday). In such cases, the employee will receive compensatory time for travel for time
outside non-duty hours.




Personnel Letter 550-1, Appendix A (Revised), June 2005                 Supersedes January 30, 2004
Human Resources, Diversity and EEO                                                               23
Q.14. If an employee is required to travel on a Federal holiday (or an “in lieu of” holiday),
is the employee entitled to receive the compensatory time off for travel?

A.14. Although most employees do not receive holiday premium pay for time spent traveling on
a holiday (or an “in lieu of” holiday), an employee continues to be entitled to pay for the holiday
in the same manner as if the travel were not required. Thus, employees may not earn
compensatory time off for travel during basic (non-overtime) holiday hours because they are
entitled to their rate of basic pay for those hours. Compensatory time off for travel may be
earned by an employee only for time spent in a travel status away from the employee’s official
duty station when such time is not otherwise compensable.

Q.15. Can an employee get compensatory time for travel for a permanent change in                       Formatted
station (PCS)?

A.15. No. The law provides this form of compensation for “an employee in a travel status away
from the official duty station.” Thus, it only applies to local or temporary duty (TDY) travel
outside the area of the employee’s official duty station.

Q.16. Under what circumstances does an employee maintain credit for accrued
compensatory time off for travel beyond the 26th pay period after the pay period in which it
was credited?

A.16. Unused compensatory time off for travel will be held in abeyance only for an employee
who separates, or is placed in a leave without pay status, and later returns following either of the
following events:

        (1) separation or leave without pay to perform service in the uniformed services (as
       defined in 38 U.S.C. 4303 and 5 CFR 353.102) and a return to service through the
       exercise of a reemployment right; or

       (2) separation or leave without pay due to an on-the-job injury with entitlement to injury
       compensation under 5 U.S.C. chapter 81.

In both cases, the employee must use all of the compensatory time off held in abeyance by the
end of the 26th pay period following the pay period in which the employee returns to duty; if
unused after that period, it will be forfeited.

Q.17. May an employee receive a lump-sum payment for accrued compensatory time off
for travel upon separation from an agency?

A.17. No, the law prohibits such payment under any circumstances.

Q.18. Is the compensatory time for travel considered in applying either the maximum
earnings limitation in Section IX. or the aggregate pay cap limitation in 5 CFR, Part 530?

A.18. No, it is not counted or applied against either of these pay caps.


Personnel Letter 550-1, Appendix A (Revised), June 2005                 Supersedes January 30, 2004
Human Resources, Diversity and EEO                                                               24
Q.19. If an employee is eligible to receive overtime pay for a period of travel because the
travel meets one of the four criteria in Section VIII.G.1.b., is the employee eligible to earn
compensatory time off for any portion of the travel that may not be compensable because
of the maximum earnings limitation in Section IX?

A.19. No. Compensable time off for travel may be earned by an employee only for time spent
in a travel status away from the employee’s official duty station when such time is “not
otherwise compensable.” The capped premium pay under Section IX. is considered complete
compensation for all hours of work that are creditable under the premium pay provisions.

Q.20. May an employee earn compensatory time off when he or she travels in conjunction
with the performance of union representational duties?

A.20. Compensatory time for travel may be earned only for official travel, which OPM defines
as travel for agency-related work purposes. BPA’s Labor Relations Officer (LRO) has the sole
discretion to determine if travel in connection with union representational duties is creditable.
The LRO will approve such time: (a) if the union representative requests approval from the LRO
in advance of the travel; and (b) if the LRO determines that the union representational duties are
of mutual benefit to BPA and the union. The LRO will advise the union representative’s
manager of such approval by e-mail.




Personnel Letter 550-1, Appendix A (Revised), June 2005              Supersedes January 30, 2004
Human Resources, Diversity and EEO                                                            25
Examples of Creditable Travel Time

Note: The Compensatory Time for Travel Worksheet for Non-Local Travel on e-forms
(BPA F 2220.14e) may also be used to calculate compensatory time-travel earned.

Example 1: Travel to a temporary duty station on a workday (regular duty hours are
8:00 a.m.–4:30 p.m. for this example)

From home to a business meeting

    6:00 – 7:00 a.m.            7:00 – 8:00 a.m.           8:00 – 11:30 a.m.         11:30 a.m. – 12:30 p.m.
     Drive to airport            Wait at airport           Plane departs/lands           Drive to worksite
     non-creditable           Creditable travel time                       Regular duty hours
       travel time

From the business meeting to home

    5:00-6:00 p.m.               6:00-7:30 p.m.            7:30 – 10:30 p.m.           10:30 – 11:30 p.m.
    Drive to airport             Wait at airport           Plane departs/lands             Drive home
 Creditable travel time      Dinner              Creditable travel time              Non-creditable travel time

Employee’s compensatory time off for travel entitlement is as follows:

         Total travel time                                                       13 hours
                                        Minus
         Travel time within regular working hours                                4.5 hours
         Travel to/from airport within limits of official duty stations          2 hours
         Bona fide meal period                                                   0.5 hour
         Compensatory time off for travel                                        6 hours

Note: The employee’s time spent traveling outside of the regular working hours to or from a
transportation terminal within the limits of his or her official duty station, is considered to be
equivalent to commuting time and is not creditable travel time. The employee spends 2 hours
traveling to and from an airport within the limits of his official duty station. Also, a bona fide
meal period (30 minutes) during travel or waiting time outside of regular duty hours is not
considered to be creditable travel time and could not be earned as compensatory time for travel.




Personnel Letter 550-1, Appendix A (Revised), June 2005                      Supersedes January 30, 2004
Human Resources, Diversity and EEO                                                                    26
Example 2: Travel to a temporary duty station (for a meeting) on a non-workday (regular
duty hours are 8:00 a.m.– 4:30 p.m., Monday through Friday)

Travel from home to the hotel on Sunday

     5:00-6:00 p.m.                 6:00-7:30 p.m.             7:30–10:00 p.m.             10:00–10:30 p.m.
    Drive to airport                Wait at airport           Plane departs/lands            Drive to hotel
Non-creditable travel time                                   Creditable travel time

Travel from a hotel to home on the following Saturday

    6:30–7:00 a.m.              7:00–10:30 a.m.           10:30 a.m.–1:00 p.m.               1:00–2:00 p.m.
    Drive to airport          Wait at airport-2 hour       Plane departs/lands                 Drive home
                                      delay
 Creditable travel time      Breakfast             Creditable travel time              Non-creditable travel
                                                                                              time

Employee’s compensatory time off for travel entitlement is as follows:

         Total travel time                                                      13 hours
                                        Minus
         Travel to/from airport within limits of official duty station          2 hours
         Bona fide meal period                                                  0.5 hour
         Compensatory time off for travel                                       10.5 hours

Note: The time spent on Sunday traveling to the airport and on Saturday’s return trip traveling to
the airport is within the limits of the employee’s official duty station and is considered equivalent
to commuting time and not creditable time in a travel status. The time spent for breakfast while
waiting at the airport is also not included, as it is considered a bona fide meal period.




Personnel Letter 550-1, Appendix A (Revised), June 2005                      Supersedes January 30, 2004
Human Resources, Diversity and EEO                                                                    27
Example 3: Driving to and from a temporary duty station during a regular workday
(regular duty hours are 8:00 a.m. – 4:30 p.m.)

Travel to and from a 1-day training session

         6:00–8:00 a.m.                       8:00–4:30 p.m.                   4:30–6:30 p.m.
Non-creditable     Creditable              Regular working hours       Creditable      Non-creditable
 travel time       travel time                                         travel time       travel time

Travel includes a 2-hour drive from the employee’s home, and 2 hours for the return trip home.
If an employee travels directly between home and a temporary duty station outside the limits of
his/her official duty station, the time spent traveling outside regular working hours is creditable
travel time. The amount of compensatory time for travel is reduced then by 2 hours, to deduct
the time the employee would have spent in normal home-to-work commuting. The employee’s
normal daily commuting time is 1 hour each way (2 hours).

Employee’s compensatory time off for travel entitlement is as follows:

         Total travel time                                 4 hours
                            Minus
         Normal commuting time                             2 hours
         Compensatory time off for travel                  2 hours




Personnel Letter 550-1, Appendix A (Revised), June 2005                 Supersedes January 30, 2004
Human Resources, Diversity and EEO                                                               28

				
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