Flexible or Compressed Work Schedules
Section 1. General
a. The Department will adhere to all applicable Government-wide rules and
regulations and the provisions in this Article in the administration of flexible
or compressed work arrangements. Moreover, the Department shall
administer this Article in accordance with DPR 610, as specified or except
as provided herein.
b. All employees will come under a Variable Week work schedule, except that
any employee may work a standard workday/workweek or a compressed
work schedule. Moreover, employees who were previously working in an
office that operated under a "maxiflex" schedule will be "grandfathered"
and allowed to remain on that schedule as long as they remain in that
Section 2. Definitions and Administration
a. Variable Week is a flexible schedule containing core time on each workday
in the biweekly pay period in which a full-time employee has a basic work
requirement of eighty (80) hours for the biweekly pay period. An employee
may vary the number of hours worked on a given workday or the number of
hours each week, within the limits established for the organization.
b. Under Variable Week, the following shall apply:
(1) Credit hours are earned for the time voluntarily worked in excess of
an employee’s basic work requirement. Employees may not "borrow"
credit hours or use credit hours unless they have been accrued
during a previous pay period. Full-time employees may carry over the
maximum number of credit hours allowed by law, currently twentyfour
(24), from pay period to pay period. Part-time employees may
accumulate a maximum of one-fourth (1/4) of the hours in their
biweekly pay period. Credit hours are earned and may be used in
fifteen (15) minute increments. However, time spent in Absent
Without Leave (AWOL) status will not count toward the basic work
requirement for the purpose of accumulating credit hours. Credit
hours may only be earned for work during the established flexible
(2) Core hours are those designated times and days during the biweekly
pay period when all employees must be present for work. Core hours
shall be Monday through Friday 9:30 a.m. until 3:00 p.m. Employees
may use credit hours in addition to other types of accrued leave to
account for absences during core hours, as well as absences outside
of core hours following established office procedures for obtaining
supervisory approval of leave.
However, employees wishing to leave work at 2:30 p.m., will submit
their request to do so to their supervisor in writing at least one week
in advance of an 80 hour biweekly pay period. Employees requesting
this arrangement could be on a fixed schedule (6:00 AM to 2:30 PM
five days a week) or a flexible schedule. If they are on a flexible
schedule, they will be at work no later than 8:00 AM on those days
when they leave at 2:30 PM and their aforementioned written
requests must include, at a minimum, those days when they will be
leaving at 2:30 PM. Employees’ requests to supervisors to leave
work at 2:30 p.m. shall not be unreasonably denied.
(3) Overtime hours are all hours in excess of eight (8) hours in a day or
forty (40) hours in a week that are officially ordered in advance, but
do not include credit hours.
(4) Except as may be limited by this Article, employees on a flexible
schedule may begin work as early as 6 a.m. and may work as late as
7 p.m., Monday through Friday.
c. Under a Compressed work schedule, the following shall apply:
1. In the case of a full-time employee, a compressed schedule is a
fixed, non-flexible schedule constituting an eighty (80) hour biweekly
basic work requirement that is scheduled for less than ten (10)
workdays; in the case of a part-time employee, it is a fixed, nonflexible
schedule constituting a biweekly basic work requirement of
less than eighty (80) hours that is scheduled for less than ten (10)
2. The compressed schedules used most often are the 5-4/9 and the
four-day week. In the 5-4/9, full-time employees work eight daily 9
1/2-hour fixed tours of duty and one 8 1/2-hour fixed tour of duty in
a pay period. In the four-day week, full-time employees work four
daily 10 1/2-hour fixed tours of duty each week.
3. The specific fixed hours and days to be worked are subject to the
approval and authorization of the supervisor.
4. Since a compressed work schedule, like a standard workweek, is a
fixed schedule, the concepts of flexible time bands, core time, and
credit hours do not apply to a compressed work schedule.
5. Overtime hours are any hours in excess of those specified hours that
constitute the compressed schedule.
Section 3. Timekeeping: Sign In/Sign Out and Reporting Time and
a. Serial sign in/sign out sheets showing times of arrival and departure will be
used to record and report attendance. Under the serial sign in/sign out
method, employees sign their name and record their actual time of arrival in
order, one after the other. When departing from work at the end of the
employees’ work day, employees sign their name and record their time of
departure in order, one after the other.
b. Employees will report and record all hours in the Department’s electronic
time and attendance system.
c. Employees who do not physically report to an office at the beginning and/or
end of each day will not be using the serial sign in/sign out sheets. When
these employees report to the office they will use the serial sign in/sign out
Section 4. Flexible Hours of Work
a. Except as may be limited by this Article, employees working a flexible
schedule may work as early as 6:00 a.m. and may work as late as 7:00
p.m., Monday through Friday. Employees will not receive premium pay for
hours worked past 6:00 p.m. unless such work is approved overtime.
b. Employee(s) will verbally inform their supervisor(s) of their personal plans
to work both more than eight (8) hours and beyond the end of the official
work day of the immediate supervisor by no later than the end of the core
hours of the day on which the hours are to be worked, so that the
supervisor may make or alter the employee’s work assignment.
Section 5. Exceptions to Flexible Hours of Work
a. The mission of the Department must take priority. Due to specific job
requirements in some offices, or lack of available work because of the
nature of the position, all employees may not be allowed to utilize the full
range of flexible time bands. As an example, this could apply to an
employee whose responsibility and duties are limited to receiving visitors,
answering incoming phone calls, or dealing with customers during the
normal business hours of the office.
b. Managers and supervisors may require an employee or groups of employees
to go off flexible or compressed schedules temporarily to meet Agency
needs. The employee will be given as much advance notice as possible.
Section 6. Part-Time Employees
a. The basic work requirement for a part-time employee is the number of
hours which the employee is required to work or otherwise account for by
use of credit hours, approved leave, compensatory time, or excused
absence during a pay period.
b. The basic work requirement for a part-time employee is the number of
hours the employee is scheduled to work that day.
c. Core hours will not necessarily apply to part-time employees. Appropriate
arrangements will be worked out between the employee and the supervisor,
consistent with the needs of the office and the spirit of the program.
However, supervisors retain the right to establish and make final decisions
relative to any core hour arrangements for part time employees.
Section 7. Coverage of Mission and Office Functions
a. Management will continue to have responsibility and authority for seeing
that the mission of the Department is carried out. Management will
determine mission need requirements after discussions with employees at
the office level. Some examples of the principal forms of coverage are:
(1) Answering phones;
(2) providing receptionist duties;
(3) providing clerical, technical, and professional support;
(4) providing office representation at essential meetings;
(5) handling inquiries from the public; or
(6) providing program needs based on business necessity.
b. When the supervisor establishes coverage requirements, those employees
whose Position descriptions require coverage are obliged to meet the
coverage requirements. The determination of who will work which particular
hours to ensure such coverage is within the authority of the supervisor.
Initially, where practicable, personal preference will be honored in
scheduling coverage. Where personal preference conflicts with the equitable
sharing of the burden of coverage, personal preference shall give way.
These requirements will remain in full force and effect until altered,
amended, or revised. While the official daily tour of duty shall be an 8 1/2-
hour day, Monday through Friday, overall coverage requirements for an
office may be in excess of the 8 1/2-hour tour of duty, as determined by
Section 8. Abuse
a. If an employee abuses his/her flexible schedule, management may remove
the employee from participation in a flexible schedule.
b. Removal from a flexible schedule for abuse is not a disciplinary action, and
does not preclude other action by the employer within its authorities to
effect disciplinary action including removal from employment.
c. Employees should normally be given at least five (5) work days’ notice
before being removed from a flexible schedule. The notice will include that
the employee has the right to representation by Local 12.
Section 9. Hours of Work
a. Basic Workweek: The basic or standard workweek normally consists of five
(5) consecutive days, Monday through Friday, operating under conventional
fixed work schedules, flexible work schedules, compressed work schedules,
standby status, or first-40 hour workweek.
b. Reporting Hours: All employees shall report and record all hours worked and
all approved and authorized absences, as well as all authorized or approved
overtime or compensatory time during or outside the standard workweek, in
the Department’s electronic time and attendance system. The Department’s
time and attendance system is not merely for reporting and recording of
flexible work schedules, but is required for all work schedules as they relate
to pay administration.
c. Standard Workday: The basic non-overtime workday will not exceed an 8
½-hour tour of duty, including time for a lunch break.
d. Lunch Break: For all schedules operating within the basic workweek, the
time period for employees to take their lunch break is between the hours of
11:00 a.m. and 2:00 p.m. That is, the lunch break will begin no earlier than
11:00 a.m. and must be concluded no later than 2:00 p.m. All employees
are required to take a lunch break.
e. Overtime hours are all hours in excess of eight (8) hours in a day or forty
(40) hours in a week that are officially ordered and approved in advance,
but do not include credit hours. Before an employee may work overtime, he
or she must receive advanced written approval from the supervisor.
Employees and supervisors shall use DOL Form DL-1-105 to document
supervisory approval of overtime work. Entries on the form will indicate
whether the employee shall be compensated through overtime pay under
the Fair Labor Standards Act (FLSA), overtime pay for FLSA exempt
employees, or through compensatory time, in accordance with DPR
Chapters 550 and 551 and the FLSA. Employees will not receive premium
pay for hours worked past 6:00 p.m. unless such work is approved in
advance of the administrative work week, or part of an officially rescheduled