What is the purpose of this section? This section revises requirements for the Federal Highway Administration (FHWA) Flexible Work Schedule (FWS) program.

Does this directive cancel an existing FHWA directive? This directive cancels FHWA Personnel Management Manual (PMM) Chapter 8, Hours of Work, dated June 28, 1996.

What are the pertinent references regarding this section?

1. Title 5, U.S. Code, Chapter 61, Hours of Work.

2. Title 5, Code of Federal Regulations (CFR), Part 610, Hours of Duty.

3. Office of Personnel Management (OPM) Handbook on Alternative Work Schedules, dated December 1996. (See http://www.opm.gov/oca/aws/index.htm)

4. Departmental Personnel Manual (DPM) Letter 610-02, Alternative Work Schedules (AWS), dated November 1, 1993.

5. DPM Letter 610-03, dated October 24, 1994.

What are the definitions of key terms used in this section? Key terms and their definitions are:

1. Alternative work schedules (AWS). This term collectively refers to flexible work schedules and compressed work schedules.

2. Compressed work schedules (CWS). These are fixed schedules, established by the FHWA that permit employees to fulfill their basic work requirement of 80 hours in less than 10 days during a bi-weekly pay period. The most commonly used schedules are a "5/4-9" or a "4/10" CWS. In a "5/4-9" CWS, a full time employee would work eight 9 hour days and one 8 hour day (not including a lunch period) during a biweekly pay period. The employee would then receive one day off during the pay period. Using a "4/10" CWS, a full time employee would work 10 hours a day and 40 hours each week during a biweekly pay period. The employee would receive two days off during the pay period.

3. Core hours. This is the period of time in a tour of duty that an employee must be present for work. The concept of core hours is used in a flexible work schedule program.

4. Credit hours. These hours, within a flexible work schedule, are earned by an employee who chooses to work in excess of the basic work requirement (8 hours per day) in order to vary the length of a workday or workweek. Credit hours must be used in the same pay period as they are earned.

5. Flexible work schedules (FWS). These are work schedules in which the basic work requirements (80 hours per pay period for a full time employee) are met and allow employees to determine their own schedules within the limits set by the FHWA.

6. Official hours of duty (business period). These are the official hours during which an organization must be open to conduct business. Under an AWS program, hours that employees actually work may deviate from the official hours of duty established by their employing office.

Who is covered by this section? The policies in this section apply to FHWA General Schedule and Wage Grade employees. These policies, with limitations, also apply to members of the Senior Executive Service.

Who is responsible for the AWS program, and what are their responsibilities?

1. AWS program administration. Associate Administrators, the Chief Counsel, Directors of Field Services, Resource Center Managers, Division Administrators, and Federal Lands Highway Division Engineers are responsible for implementing and administering the AWS program within their organizational units. These officials are encouraged to document organizational AWS plans. Plans must be in conformance with the policies in this PMM section and tailored to the mission requirements of the organizations that they manage. When developing AWS plans, employee involvement is encouraged.

2. Supervisors' responsibilities. Supervisors (or if so designated, Team Leaders) are responsible for making decisions on employee requests to use AWS flexibilities, and for the day-to-day administration of the AWS program.

3. AWS program technical support. The Director, Office of Human Resources, is responsible for providing technical assistance to officials who are implementing and administering the AWS program.

What are the FHWA policies regarding the AWS program? The following policies are applicable to both the FWS and CWS programs. Policies that are unique to either the FWS or CWS programs are described separately.

1. AWS program policies.

   • (1) Implementation of an AWS program will not result in a decrease in services provided to FHWA customers including the general public. This program will not result in an increase in costs to the FHWA. No office will be closed during the normal official hours of duty (business period) as a result of the implementation of an AWS program.

   • (2) Within their organizations, Associate Administrators, the Chief Counsel, Directors of Field Services, Resource Center Managers, Division Administrators, and Federal Lands Highway Division Engineers are encouraged to support participation in an AWS program.

   • (3) No organizational unit will be excluded from participating in an AWS program.

   • (4) Participation in an AWS program is an employee benefit and not an entitlement.

   • (5) Participation by covered employees will be strictly voluntary.

   • (6) Employees are expected to work between the hours of 6:00 a.m. and 6:00 p.m. to preclude payment of a night pay differential that is solely attributable to an AWS program.

   • (7) Participating employees and supervisors/managers have a joint responsibility to ensure cooperation in administration of the program. In the event that unforeseen work activities occur (e.g., major projects, meetings or training), employees will be expected to adjust their schedules to meet FHWA needs.

2. FWS program. In addition to the policies contained in paragraph 5.a., the following are applicable to the FWS program.

   • (1) All employees are eligible to participate in the FWS program. However, in accordance with the direction of the Deputy Secretary, members of the Senior Executive Service may only participate in flexible work schedules with the approval of the Administrator. Such schedules may only involve a variation of work hours within a workday as long as the schedule does not result in a day off during the pay period.

   • (2) Employees participating in the FWS program must have a biweekly work schedule approved by their supervisors in advance of the pay period when using FWS. This biweekly schedule can be adjusted as frequently as each pay period. With supervisory approval, employees may occasionally deviate from the previously approved schedule.

   • (3) Organizations must establish core hours during which employees are to be working or in an approved leave status.

   • (4) Work schedules may be constructed that vary the length of the individual working day and the number of days worked per pay period. However, no schedule will be developed that would permit an employee to have two full days off in a pay period (which would be equivalent to a "4/10" compressed work schedule).

   • (5) Work schedules will be structured to start not earlier than 6:00 a.m. and end not later than 6:00 p.m. The maximum non-overtime hours that may be worked in any one day may not exceed 10 hours. (Lunch periods are not considered to be hours worked.)

   • (6) Credit hours which are accumulated in the pay period must be used in the same pay period. They are not to be carried over from one pay period to another pay period.

3. CWS program. In addition to the policies contained in paragraph 5.a. the following is applicable to the CWS program.

   • (1) All employees, with the exception of members of the Senior Executive Service, are eligible to participate in the CWS program.

   • (2) The most commonly used type of CWS in the FHWA is the "5/4-9" CWS variation.

   • (3) When approving a work schedule and an employee's regular day off, managers and supervisors need to assure that adequate supervision and office coverage are available.

   • (4) Where possible, employee preferences regarding the regular day off will be honored.