5 U.S.C. § 6101 — Basic 40-hour workweek; work schedules; regulations
submitted 60 years ago by Pub. L. 89-554 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 535 words · no verdicts yet
Executive agencies, military departments, and the District of Columbia government generally must set a 40-hour administrative workweek and follow specified scheduling rules. The section also addresses educational work tours, travel time, and regulations.
(a)(1) For this subsection, “employee” includes a District of Columbia government employee and an employee whose pay is adjusted under section 5343 or 5349, or by a wage board or similar authority. It excludes people excluded from “employee” by section 5541(2), except as this paragraph specifically provides. (2) Each Executive agency, military department, and the District of Columbia government must (A) establish a 40-hour basic administrative workweek for each full-time employee and (B) require the work to occur within no more than 6 of 7 consecutive days. (3) Unless the organization head decides the organization would be seriously hindered or costs would substantially rise, the head must provide that: (A) tours are scheduled in advance for at least 1 week; (B) the 40-hour week is scheduled over 5 days, Monday through Friday when possible, with 2 consecutive days outside it; (C) daily hours are the same; (D) the basic non-overtime day is no longer than 8 hours; (E) holidays do not change the basic workweek; and (F) a basic workday has no break longer than 1 hour. (4) Despite paragraph (3), the head may establish a special tour of at least 40 hours so employees can take nearby educational courses that prepare them for more effective agency work. Premium pay may not be paid solely because that tour causes work on a day or time otherwise qualifying for premium pay. (5) The Architect of the Capitol may apply this subsection to Office of the Architect or Botanic Garden employees. The Librarian of Congress may apply it to Library of Congress employees.
(b)(1) For this subsection, “agency” and “employee” have the meanings in section 5541; this section does not define those terms. (2) As far as practicable, an agency head must schedule an employee’s travel time away from the official duty station within the employee’s regular workweek.
(c) With the President’s approval, the Office of Personnel Management may issue regulations needed to administer this section as it affects Executive-agency employees.
For the purpose of this subsection, “employee” includes an employee of the government of the District of Columbia and an employee whose pay is fixed and adjusted from time to time under section 5343 or 5349 of this title, or by a wage board or similar administrative authority serving the same purpose, but does not include an employee or individual excluded from the definition of employee in section 5541(2) of this title, except as specifically provided under this paragraph.
The head of each Executive agency, military department, and of the government of the District of Columbia shall—
establish a basic administrative workweek of 40 hours for each full-time employee in his organization; and
require that the hours of work within that workweek be performed within a period of not more than 6 of any 7 consecutive days.
Except when the head of an Executive agency, a military department, or of the government of the District of Columbia determines that his organization would be seriously handicapped in carrying out its functions or that costs would be substantially increased, he shall provide, with respect to each employee in his organization, that—
assignments to tours of duty are scheduled in advance over periods of not less than 1 week;
the basic 40-hour workweek is scheduled on 5 days, Monday through Friday when possible, and the 2 days outside the basic workweek are consecutive;
the working hours in each day in the basic workweek are the same;
the basic nonovertime workday may not exceed 8 hours;
the occurrence of holidays may not affect the designation of the basic workweek; and
breaks in working hours of more than 1 hour may not be scheduled in a basic workday.
Notwithstanding paragraph (3) of this subsection, the head of an Executive agency, a military department, or of the government of the District of Columbia may establish special tours of duty, of not less than 40 hours, to enable employees to take courses in nearby colleges, universities, or other educational institutions that will equip them for more effective work in the agency. Premium pay may not be paid to an employee solely because his special tour of duty established under this paragraph results in his working on a day or at a time of day for which premium pay is otherwise authorized.
The Architect of the Capitol may apply this subsection to employees under the Office of the Architect of the Capitol or the Botanic Garden. The Librarian of Congress may apply this subsection to employees under the Library of Congress.
For the purpose of this subsection, “agency” and “employee” have the meanings given them by section 5541 of this title.
To the maximum extent practicable, the head of an agency shall schedule the time to be spent by an employee in a travel status away from his official duty station within the regularly scheduled workweek of the employee.
The Office of Personnel Management may prescribe regulations, subject to the approval of the President, necessary for the administration of this section insofar as this section affects employees in or under an Executive agency.
Source credit: (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 514; Pub. L. 90–83, § 1(43), Sept. 11, 1967, 81 Stat. 207; Pub. L. 92–392, § 6, Aug. 19, 1972, 86 Stat. 573; Pub. L. 94–183, § 2(25), Dec. 31, 1975, 89 Stat. 1058; Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.)
- 1966Enacted · Pub. L. 89-554 · 80 Stat. 514
- 1967Amended · Pub. L. 90-83 · 81 Stat. 207
- 1972Amended · Pub. L. 92-392 · 86 Stat. 573
- 1975Amended · Pub. L. 94-183 · 89 Stat. 1058
- 1978Amended · Pub. L. 95-454 · 92 Stat. 1224
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-554 on 1966-09-06.
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