
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC6123]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                     Subpart E--Attendance and Leave
 
                        CHAPTER 61--HOURS OF WORK
 
          SUBCHAPTER II--FLEXIBLE AND COMPRESSED WORK SCHEDULES
 
Sec. 6123. Flexible schedules; computation of premium pay

    (a) For purposes of determining compensation for overtime hours in 
the case of an employee participating in a program under section 6122 of 
this title--
        (1) the head of an agency may, on request of the employee, grant 
    the employee compensatory time off in lieu of payment for such 
    overtime hours, whether or not irregular or occasional in nature and 
    notwithstanding the provisions of sections 5542(a), 5543(a)(1) and 
    section \1\ 5544(a) of this title, section 7453(e) of title 38, 
    section 7 of the Fair Labor Standards Act (29 U.S.C. 207), or any 
    other provision of law; or
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    \1\ So in original. The word ``section'' probably should not appear.
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        (2) the employee shall be compensated for such overtime hours in 
    accordance with such provisions, as applicable.

    (b) Notwithstanding the provisions of law referred to in subsection 
(a)(1) of this section, an employee shall not be entitled to be 
compensated for credit hours worked except to the extent authorized 
under section 6126 of this title or to the extent such employee is 
allowed to have such hours taken into account with respect to the 
employee's basic work requirement.
    (c)(1) Notwithstanding section 5545(a) of this title, premium pay 
for nightwork will not be paid to an employee otherwise subject to such 
section solely because the employee elects to work credit hours, or 
elects a time of arrival or departure, at a time of day for which such 
premium pay is otherwise authorized, except that--
        (A) if an employee is on a flexible schedule under which--
            (i) the number of hours during which such employee must be 
        present for work, plus
            (ii) the number of hours during which such employee may 
        elect to work credit hours or elect the time of arrival at and 
        departure from work,

    which occur outside of the nightwork hours designated in or under 
    such section 5545(a) total less than 8 hours, such premium pay shall 
    be paid for those hours which, when combined with such total, do not 
    exceed 8 hours, and
        (B) if an employee is on a flexible schedule under which the 
    hours that such employee must be present for work include any hours 
    designated in or under such section 5545(a), such premium pay shall 
    be paid for such hours so designated.

    (2) Notwithstanding section 5343(f) of this title, and section 
7453(b) of title 38, night differential will not be paid to any employee 
otherwise subject to either of such sections solely because such 
employee elects to work credit hours, or elects a time of arrival or 
departure, at a time of day for which night differential is otherwise 
authorized, except that such differential shall be paid to an employee 
on a flexible schedule under this subchapter--
        (A) in the case of an employee subject to subsection (f) of such 
    section 5343, for which all or a majority of the hours of such 
    schedule for any day fall between the hours specified in such 
    subsection, or
        (B) in the case of an employee subject to subsection (b) of such 
    section 7453, for which 4 hours of such schedule fall between the 
    hours specified in such subsection.

(Added Pub. L. 97-221, Sec. 2(a)(2), July 23, 1982, 96 Stat. 228; 
amended Pub. L. 102-40, title IV, Sec. 403(c)(2), May 7, 1991, 105 Stat. 
240; Pub. L. 102-378, Sec. 2(44)(D), Oct. 2, 1992, 106 Stat. 1352.)


                               Amendments

    1992--Subsec. (a)(1). Pub. L. 102-378 substituted ``5543(a)(1) and 
section 5544(a)'' for ``5543(a)(1), 5544(a), and 5550''.
    1991--Subsec. (a)(1). Pub. L. 102-40, Sec. 403(c)(2)(A), substituted 
``section 7453(e)'' for ``section 4107(e)(5)''.
    Subsec. (c)(2). Pub. L. 102-40, Sec. 403(c)(2)(B), in introductory 
provisions substituted ``section 7453(b)'' for ``section 4107(e)(2)'' 
and in subpar. (B) substituted ``subsection (b) of such section 7453'' 
for ``subsection (e)(2) of such section 4107''.

                  Section Referred to in Other Sections

    This section is referred to in sections 6121, 6130, 6132 of this 
title.
