SECTION 8. PREMIUM COMPENSATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90-00530R000701780002-2
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 14
• Document Creation Date: December 23, 2016
• Document Release Date: March 13, 2013
• Sequence Number: 2
• Publication Date: May 17, 1982
• Content Type: REGULATION

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SECTION 8. PREMIUM COMPENSATION
3-1. PREMIUM.COMPENSATION FOR ADMINISTRATIVELY UNCONTROLLABLE
OVERTIME kU0)
8-1.1 Statutory Limitation on Payment of Premium Pay
By statute, compensation in addition to basic salary such as over?
time pay on an annual basis, hourly overtime pay, night differential pay,
Sunday duty pay, and holiday pay may be paid only to the extent that they do
not cause total compensation for any pay period to exceed the rate for GS-15,
Step 10. Total compensation per pay period may not exceed this level.
8-1.2 Volume and Frequency of AU0
By statute, and related Federal regulations, premium pay on an
annual basis for AUO must be at least 10 percent or at the most 25 percent of
the basic pay rate of the individual involved, with the restriction that the
maximum may not exceed 25 percent of the basic pay of the first step of Grade
GS-10. An average overtime of at least three hours but not more than five
hours per workweek qualifies for the 10 percent rate, an average of over five
hours but not more than seven hours per workweek qualifies for the 15 percent
rate, an average of over seven hours but not more than nine hours per workweek
qualifies for the 20 percent rate, and to qualify for the 25 percent rate the
individual must have an average of over nine hours per workweek. Since the
requirement for the 25 percent maximum rates is over nine hours per week,
accordingly the minimum to qualify for this rate is an average of one hour,
forty?nine minutes per workday. If the overtime performance of an Agent over
a Computation Period (12 pay periods) fails to meet this maximum requirement,
([he/she]will be placed in the percentage category which(his/herlactual overtime
average justifies, at one of the percentages set out previously.
8-1.3 Changing Rate of AUO Compensation
AUO is paid at the rate of 10, 15, 20, or 25 percent of the base
salary of GS-10 depending on the amount of overtime earned during a reported
Computation Period.
8-1.3.1 Reporting Computation Period
Twelve pay periods consisting of a possible 120 workdays. AU0
worked during these -12 pay periods is averaged and the rate of AUO compensa?
tion is determined by this average. (See 8-1.2 above.) For AUO purposes, the
first Computation Period commenced 8-3-75 when our current monitoring system
was adopted. After every 12 pay periods there is a Lag Period.
8-1.3.2 Lag Period
A three pay period adjustment period to provide for preparation
and distribution of the AUO report Bureau?wide. This period is also used for
review of this report and bringing to Headquarters' attention any errors or
adjustments necessary in order to reach the correct overtime figures for each
Agent eligible to receive AU0 pay. Overtime earned during this Lag Period
cannot effect change for the previous 12 pay period Computation Period, but is
counted when averaging AU0 for the following Computation Period. The Lag
Period is followed by a four pay period Eligibility Period.
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8-1.3.3 Eligibility Period
. Four pay periods. The rate of ALTO compensation for a given
Eligibility Period is determined by the average ALTO earned during the
preceding Reporting Computation Period. If an Agent's overtime is below one
hour and forty-nine minutes for a-Reporting Computation Period and this figure
is not changed during the following Lag Period, that Agent will be paid the
appropriate lesser amount of overtime pay during the next Eligibility Period.
An Agent whose ALTO rate of compensation is changed based on the average ALTO
worked during a Reporting Computation Period (12 pay periods) will be paid the
new adjusted rate for Eligibility Period which follows (four pay periods).
Every four pay periods the oldest four pay periods of the computation base of
12 pay periods of ALTO earned will be deleted and the newest four pay periods
of ALTO added to the computation base, so that there will always be 12 pay
periods as a computation base. After the oldest four pay periods are dropped
and the newest four pay periods added the overtime for each Agent will be
recomputed and a-report disseminated Bureau-wide.
8-1.4 ALTO Policy
The requirement for eligibility for such premium pay, aside from
actual time performance, is that the related hours of duty are not subject to
administrative control, and in order to satisfactorily discharge the duties of
the position, an individual is required to perform substantial amounts of
irregular or occasional overtime work. The responsibility of the employee for
remaining on duty or returning to duty, when required by circumstances, must
be a definite, official requirement of the position, not merely because the
work performance is desirable, but-because of compelling reasons, related to
performance of[his/her]duties, of such a nature that failure to do so would
constitute negligence. There must also be a definite basis for anticipating
that such performance requirements in the position will continue over an
appropriate future period.
8-1.5 Agents in Training Classes
(1) Trainees in New Agents' Class, during their attendance, will
be ineligible for premium compensation at any rate for ALTO since time spent as
a trainee in scheduled training courses does not qualify for premium pay.
[[They will become eligible for ALTO pay the first full pay period after they
[ graduate from New Agents' Training. Since all pay periods start on Sundays,
( an Agent will automatically be certified as eligible to receive and will
[ commence earning ALTO payments effective on the Sunday beginning the first full
( pay period following the date of graduation from New Agents' Training.) Until
the new Agent has completed a full Computation Period (12 pay periods), the
Agent shall be certified eligible for the rate of ALTO pay which past
experience of previous occupants of that position indicates to be appropriate.
In the case of the FBI, this has been demonstrated to be the 25 percent rate.
(2) Agents attending training classes, such as in-service
training or specialized schools at the FBI Academy at Quantico, will be unable
to claim credit for ALTO pay purposes for overtime they may put in during those
classes, such as night firearms training, since days spent receiving training
do not qualify for ALTO purposes. However, in computing their overtime average
for the pay periods in question, the official workdays spent in such training
should be excluded from the total workdays for the appropriate pay period.
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8-1.6 Limited Duty
Special Agents on limited duty because of physical conditions will
be eligible to continue to receive premium compensation for the duration of
their limited duty provided the limitation permits them to continue to perform
overtime of the nature, quantity and frequency required by the law and
regulations.
8-1.7 AUO - Reporting, on a Two Pay Period Basis
8-1.7.1 AUO Reporting Period Card (FD-329)
Form FD-329 (AUO Reporting Period Card) is to be used by all field
offices and FBIHQ, in recording and reporting information concerning AUO of
Agents. All data is to be posted directly from registers and number three
cards on this form, which is a computerized machine card similar to those used
for time and attendance. It is noted that employees GS-16 and above are not
required to maintain records for AUO purposes when the salary exceeds the pay
cap and the employee does not receive AUO pay. However, each is required to
to keep the appropriate records required of lower grades to demonstrate
entitlement when the GS-16 and above is eligible to receive AUO pay.
8-1.7.2 Explanation of the Various Parts of Form FD-329
(1) ? Information at the top of the card designated "Name," where
"Assigned" by a corresponding code, "Social Security Number," "Pay Periods,"
"Pay Period Dates" and "Year" will be preprinted on this card at FBIHQ. The
office designations for "Assigned" are the same as those which appear on time
and attendance cards. ?
(2) "If Transferred" - If an Agent has been transferred, show new
field office or section.
(3) "Squad Number" - This is an optional block which may or may
not be used by the field office or FBIHQ division. If the reporting field
office desires a breakdown, as by squad or section, an arbitrary common
numerical designation should be given to each desired segment of the office;
a criminal squad could be designated number 2, security squad number 3,
applicant squad number 4, etc. If an office uses this block and designates
any Agents in groups, as section or squad, all Agent personnel, without
exception, assigned to the field office must be given some group designatibn,
including officials. Individuals, such as SAC and ASAC or Assistant Director,
who are not assigned to any particular one of the office breakdowns desired,
should be given a common designation; as for instance: the number 1. They
will then be so grouped in the tabulations which will be furnished. In
filling in these blocks, any numerical designation desired by the field office
or FBIHQ division may be utilized, provided not more than three digits are
employed. No letters may be used.
(4) "Total Possible Workdays" - This is to consist of the
total possible workdays in the two pay periods on the card (20 days) less
time absent for such reasons as sick or annual leave, training,
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SECTION .8. PREMIUM COMPENSATION
administrative Leave including administrative leave for house hunting, and
travel days taken in connection with a transfer. Workdays during which travel
is performed for ocher purposes are to be counted as days worked when
computing AUO. Holidays on which a full tour of duty is worked should be
counted as days worked;.
(5) The "Subtract Days Absent" is to be calculated by counting
each 8 which appears under the "Hours Leave" and the "Hours Training" columns.
The total of this calculation should be subtracted from the "Total Possible
Workdays." To be dropped in computing AU0 such days must be full days and the
number 8 representing eight hours should be appropriately recorded in the
proper columns, that is, in the "Hours Leave" or the "Hours Training" columns.
Days on which regular overtime is earned, and the resulting overtime was
previously approved and authorized by FBIHQ, should be recorded by placing an
asterisk in the "Hours Training" column for that day.
(6) The "Net Total Days Worked" - Each day marked in the above
manner, i.e., a total of eight hours leave and/or training for any one
workday, or a day marked by an asterisk in the training column to signify
regular overtime, should be subtracted from the "Total Possible Workdays"
along with full days of leave and training to arrive at the "Net Total Days
Worked," for AU0 purposes.
(7) "Certified for Premium Pay" and "If Not Certified" - Every
card without exception must have one of these four blocks checked, depending
upon individual circumstances. If not certified for premium pay, reason must
be checked. If the "Other" block is checked, show the reason on the reverse
side of the card. An example would be that regulat overtime was paid during
the two pay periods in lieu of AUO. It should be emphasized that an Agent on
limited duty for health reasons is eligible, to receive AU0 and should not
automatically be checked "not certified."
(8) "Initials of Division Head" - These are to be the initials of
the head of the division placed thereon, either by[himself/herself]personally
or someone designated by[him/her]to do- so, in the same manner as is done with
time and attendance, the initials signifying the approval and acknowledgment
of the correctness of the card and all entries.
(9) Columns in table - The columns in the table appearing in this
card are as follows:
(a) "Day" - This refers to the individual days, i.e., Sunday
through Saturday, for the two pay periods involved.
(b) "Hours Leave" - The hours absent on each day caused by
such factors as leave, etc. "Hours Leave" may only be deducted from "Total
Possible Work Days" to get the net total when taken in full increments of
eight hours for any day. A combination of sick leave and annual leave which
amounts to eight hours for any one day may be totaled to deduct one day.
Entries should be made as necessary for each day in which leave hours are
taken.
(c) "Overtime Minutes" - An entry is to be made for each day
when overtime was performed in terms of minutes, not hours and minutes. At
the end of the two pay periods, the total minutes appearing in these columns
should be entered in the total overtime minutes column at the bottom of the
card. By entering minutes instead of hours and minutes the division will
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be able to use conventional adding machines instead of having to convert back
and forth from minutes to hours and minutes.
8-1.7.3 Additional Instructions for Completion of FD-329
Entries are to be Made as required according to the day on which
such entry is necessary. There must be a card prepared for each Agent
regardless of whether he/she does or does not receive premium pay benefits.
At the end of the two pay periods, after the field office has completed the
cards, consisting of:
(l) Showing new field office or section, if transferred;
(2) Entering squad number, if such a breakdown by group is
desired;
(3) Indicating subtracted days;
(4) Net total workdays obtained;
(5) Checking whether or not certified for premium pay and if not
certified, appropriate block showing reasons checked;
(6) The cards should then be initialed by the field office or
division head and forwarded in a group for the entire office or division.
Whether field or FBIHO, they must be forwarded at one time. The cards need
not be in particular order but if squad breakdown is requested they should
be submitted by squad. Field office should mail these cards using the same
method of transmission now used for time and attendance cards. [The ADO
cardsjshould be forwarded to FBIHQ as quickly as possible following the
close of the two pay periods in question. They will be processed by Voucher
and Payroll Section in the order in which received. Delay in forwarding by
the division will mean corresponding delay in furnishing the pay periods
tabulation by Voucher and Payroll Section to the particular division. In
no case should these cards be forwarded later than close of business of the
the fifth working day following the two pay periods being reported. Each
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SECTION 3. PREMIUM COMPENSATION
division head will be held responsible for completeness and accuracy of
the information on these cards, including the totals at the end of the
columns. The eligibility of premium pay benefits for Agents may be affected
by inaccurate figures. If corrections are necessary on the original FD-329,
a pink FD-329 should be submitted showing correct entries for the entire
two pay periods.
8-1.7.4 Processing of Form FD-329
Upon receipt at FBIHQ, these cards will be processed, all calcula-
tions made, and tabulations rendered to the submitting division as follows,
together with the new cards for the following two pay periods. FD-329
ADO cards are reviewed every four pay periods at FBIHQ at which time a
report covering the previous computation period is disseminated Bureau-wide.
The four pay period report is broken down into columns - Name, Days Worked,
Total Overtime (0/T), Average Overtime (0/T), and then ADO Percentage
Qualified For, which could be 10 percent, 15 percent, 20 percent, or 25
percent. An alphabetical list of Agents is furnished to all divisions,
and if requested, a squad breakdown of the same information provided in the
alphabetical list will be furnished. At the end of the alphabetical list-
ing of individual Agents, there will be set forth totals for the entire
office for ADO including the office average for that Computation Period.
8-1.7.5 Special Circumstances
(1) Agents reporting ?o FBIHQ for in-service training and/or
specialized training or to another field office on special assignment: If
an Agent is out of his field office on special assignment or at FBIHQ for
such things as in-service training, conferences, specialized training, etc.,
the office or division where the Agent is on special, or for the other
purposes indicated, is responsible for maintaining a record of the ADO and
furnishing these figures to the regular office of assignment of the Agent
for entry on appropriate form FD-329. If the end of the two pay periods
occurs under one of these circumstances, ADO to and including the last day
of the two pay periods must be forwarded not later than the second workday
of the next two pay periods to the regular office of assignment of the
Agent concerned for entry on the FD-329. A new record should be started for
the special assignment, etc., with the first day of the new two pay periods.
At all times the permanent (white) FD-329 will remain in possession and
control of .the regular office of assignment of the Agent. Information
concerning ALIO under such circumstances may be furnished in any convenient
form which will give the regular office of assignment necessary information
to complete the Agent's permanent card. One suggested method would be the
use of a temporary (pink) FD-329, which could, at the end of the two pay
periods or completion of an assignment, be forwarded to the Agent's regular
office of assignment and would contain all information required by the
latter office for completion of the permanent FD-329. If no ALIO is perform-
ed, the office of assignment should be advised for information.
(a) Exception - An exception to the above will be in case
of Agents assigned to Anchorage, Honolulu, San Juan, and the legal attache
offices. Due to distance and time required to transmit figures from FBIHQ,
Agents from these offices attending in-service, or conferences at FBIHQ,
which will extend over the end of the two pay periods, should have their
cards forwarded to FBIHQ (certification for premium pay checked and card
initialed). They will be completed at FBIHQ, as regards ADO, and combined
with the other cards from the office when they are received.
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(2) Agents on transfer - When an Agent is ordered under transfer
between field offices, the FD-329 should be forwarded to the new office of
assignment with, the-time and attendance card-
(a) Exception - If the Agent is not to report- to the new
office until after the end of the current two pay periods, the losing office,
upon the Agent's departure, should complete the current two pay periods card
and forward it to FBIHQ, attention[Voucher and Payroll]Section, with a note
disclosing the Agent's name, date of departure, and the office to which the
Agent will report and the expected reporting date. FBIHQ will combine this
card with the tabulation of the receiving office for its information and
future use. The card for the next two pay periods should be forwarded to the
new office.
8-1.7.6 Additional FD-329 Cards
Each field office will be furnished a small working supply of
blank forms FD-329 which will be of a color different from those furnished
each two pay periods by FBIHQ. These cards are to be used only for emergency
situations, such as where the card furnished by FBIHQ has become lost or
mutilated, an Agent is on special assignment, where an Agent is reinstated
directly in the field, or when recalculation of Agent's AU0 necessitates
changes. If FBIHQ divisions should require replacement cards, they must be
obtained from[Vouchex and Payroll]Section.
8-1.7.7 Handling of AU0 Cards
These cards are not to be stapled, punched, folded, or mutilated
in any fashion. They are not to have matter affixed, such as scotch tape. If
any of these things should happen to card, it should be replaced with one of
the different color substitute cards and- information transcribed.
8-1.7.8 Firearms Training
Regular full workdays spent at firearms training should not be
counted as workdays for overtime computation purposes. Travel performed for
purpose of attending firearms training should not be counted as overtime.
8-1.7.9 Computation of Overtime
Credit shall be given for all AUd performed in the amount of 15
minutes or more before or after regular working hours. Example: Normal duty
hours being 8:15 a.m. to 5:00 p.m., an Agent on regular day shift signs in at
8:10 a.m. and signs out at 5:10 p.m., that Agent shall be credited with no
AUO. If sign-in is 8:10 a.m. and sign-out is at 5:18 p.m., then credit 18
minutes' AUO. Work performed during a period of scheduled annual leave is not
creditable. In determining total workdays, deduct all full days only of leave
of any type, i.e., eight hours of leave must be taken on that day in order for
the day to be deducted.
8-1.7.10 Overtime Work Not Qualifying for AUO Pay
(1) All travel, interdivisional or intradivisional, not directly
connected with investigative activity, such as travel in connection with:
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(a) In-service or other specialized schools, including
police schools. This refers to travel by Agents attending such schools
as students, instructors, or in any other capacity.
(b) Transfers
(c) Special assignments, other than those resulting from
an event which could not be administratively scheduled or controlled (travel
in connection with emergency and special assignments or this type may be
counted).
? (d) Inspections of resident agencies by SAC, ASAC, or
supervisors.
(e) Conferences
(f) Training - which would include firearms training.
(g) Trips to headquarters city from resident agencies for
dictation or file reviews and return to resident agency or to continue road
trip.
(h) Speeches
(2) All travel by inspectors and inspector's aides for inspection
purposes.
(3) All travel between FBIHQ abd Quantico for any purpose.
(4) Work performed at home outside regular working hours should
also not be counted as overtime.
8-1.7.11 Overtime Work Qualifying for AUO Pay
Overtime is to be counted only for that period of time when an
employee is signed in on an official register and is in duty status. Work
not enumerated 8-1.7.10 above is generally considered as qualifying for AU0
pay. ,Mere occupancy of an Agent position, however, does not qualify an
Agent for ALTO pay. An employee qualifies by performing an average of at
least three hours irregular or occasional overtime work a week. Once an
employee has satisfied the minimum requirement for ALTO pay, i.e., at least
three hours of ALTO per workweek, additional hours of irregular or occasional
overtime performed during the same period must be paid as ALTO, whether or
not the additional duty meets the criteria for ALTO pay. The employee,
however, would be paid in accordance with applicable regulations for regular
overtime work which has previous FBIHQ approval, night differential, Sunday,
and holiday pay.
(1) Travel which results from an event which would not be sched-
uled or controlled administratively such as time spent traveling to appear
as a Government witness in a trial qualifies for premium pay.
(2) Supervision or coordination of any overtime work qualifying
for ALTO pay when performed outside of regular duty hours on an irregular
or occasional basis with the supervisory employee himself generally deter-
mining the necessity to remain on or return to duty also qualifies for
premium pay.
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? 8-1.8 AUO Pay During Leave
Premium compensation will continue during periods of paid leave at
the rate qualified for at the time the leave commences and -for periods covered
by lump sum aayments.
872 OTHER TYPES OF PREMIUM PAY
Premium compensation on an annual basis for AUO is in lieu of all
other, types of premium pay except for regularly scheduled hourly overtime,
night and Sunday work, and holiday duty under certain conditions. By law and
supplemental regulations, Agents receiving premium overtime compensation (AUO)
are precluded from being granted compensatory leave.
8-2.1 Hourly[or RegularlOvertime Pay
(1) Officially scheduled hourly[or regularlovertime is
compensated at one and one-half times the basic hourly rate of the individual
with the restriction that this may not exceed the overtime rate for the first
step of Grade GS 10. [Regularlovertime work is that which is approved by FBIHO
in advance and is regularly scheduled, which means that it will recur on
successive days or after specified intervals. The occasional situation which
arises, whereby an Agent is required to work overtime in an isolated instance,
does not meet requirements for regularly scheduled overtime compensation. No
Agent receiving premium overtime pay on an annual basis (AUO) is to be
considered eligible under any conditions for[regular]overtime compensation
without prior approval from FBIHO.
[(2) For Agents, overtime scheduled in advance to recur on
successive days must be of at least 7-days' duration and substantial in amount
before it can be considered for authorization a? regular overtime. An example
would be 12-hour shifts scheduled for seven or more consecutive days.
Likewise, overtime scheduled in advance to-recur after specified intervals
must recur at least weekly for one month or more and be substantial in amount
before it can be considered for authorization as regular overtime. An example
would be 8-hour shifts scheduled each Saturday and/or Sunday for one or more
months.
(3) When regular overtime is authorized for Agents, they are
normally maintained on the AUO rolls. For this reason, each normal workday
(usually Monday through Friday) is counted as a "day worked" for the purposes
of AUO computations even though Agents may be scheduled for regular overtime
that day and do not work any AUO. Any overtime worked beyond that which is
authorized as regular overtime is considered irregular and unscheduled, and
will be counted as AUO. For example, if an Agent is scheduled for 12-hour
shifts seven days a week for a month, and during one week happens to work 12
hours Monday through Thursday and 13 hours on Friday, Agent is entitled to
four hours regular overtime daily, Monday through Friday, and one hour of AUO
for the entire week. All five days (Monday through Friday) are counted as
"days worked" for AU0 computation purposes.
(4) Before any request for regular overtime for Agents is made,
the division head should consider assigning additional Agents to reduce the
amount of overtime necessary and preclude regular overtime. For example,
instead of two 12-hour shifts to provide 24-hour coverage, three 8-hour shifts
should be considered. Likewise; instead of 7-day workweeks, adjusted
workweeks such as Sunday through Thursday and Tuesday through Saturday can be
substituted.
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.(5) Each.division head is responsible for considering these
alternatives and furnishing FBIHO with full justification for not utilizing
them when a request for regular overtime for Agents is made.
(6) In the event a federally sponsored in-service training
session is scheduled for a one-week period from Monday through Friday, exempt
employees are not entitled to overtime pay, holiday pay, AUO or compensatory
time for travel on the preceding-Sunday or the return trip, Friday evening.
Nonexempt employees will be reimbursed by overtime pay for travel to a
five-day in-service provided the travel occurs on the preceding Sunday when
the actual travel falls within the regular work hours of the employee.
Travel prior to or after the employee's normal work hours is not compensable.
Should a Federal holiday occur during the week of a scheduled in-service,
travel time on the preceding Sunday would not be compensable inasmuch as only
a 32-hour workweek would be attained by the nonexempt employee.
8-2.2 Night Differential Pay
If any of the regularly scheduled basic workweek falls between
6:00 p.m. and 6:00 a.m., the employee will be eligible for such hours not in
excess of eight hours for night differential pay which is at the rate of 10
percent of the basic hourly rate of the individual. To qualify for night
differential pay, the work must be duly authorized in advance and scheduled
to recur on successive days or after specified intervals such as one
designated day over a period of weeks. Night differential pay may be claimed
when an employee is substituting for another employee on leave who was
regularly scheduled to wcirk during the regularly scheduled night differential
period. (Note Time and Attendance Manual, Time and Attendance Workguide,
Section 2-k. Refer to Part I, 8-6, of this manual regarding Wage Board
employees.)
8-2.3 Sunday Differential Pay
An Agent may also become eligible for Sunday differential pay if
the regularly scheduled basic workweek includes Sunday as one of the official
five workdays. Compensation will be at the rate of 25 percent of the basic
hourly rate of the individual, not in excess of eight hours for the tour of
duty.
8-2.4 Holiday Pay
An Agent may also receive additional compensation if assigned to
duty on an official holiday, which falls within the Agent's basic adminis-
trative workweek, at the rate of twice the Agent's hourly rate. Agents on
call or on standby on a holiday would not receive holiday pay unless actually
called in to work and then only for work performed during their official
working hours. An Agent who is assigned or ordered to duty on a holiday is
entitled to receive at least two hours of holiday pay but not more than eight
hours of such compensation. No new permanent odd-hour shifts which would
involve premium compensation should be set up or holiday pay claimed without
advance FBIHQ approval. Should an emergency situation arise requiring prompt
assignment of Agent personnel on a holiday, the SAC has the authority to
utilize the necessary personnel and in these cases, because it is an
emergency situation, the SAC may request that the Agents working receive
holiday pay up to eight hours even if the hours worked fall outside of their
normal working hours. The SAC should advise FBIHQ by communication of the
action taken and in this communication certify that the action was
necessary. [(See Part II, 1-2.4.4, of this manual, for listing of legal
holidays.)]
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8-3 EMERGENCY DUTY IN EXCESS OF REGULAR WORKDAY
Where necessary for Agent to work through all or most of night
because of emergency, division head may administratively change Agent's
official workday. Division head should judiciously decide each case in light
of Bureau's interest compared with Agents physical well-being. However, in
administering this, each day from 12 midnight must be considered as a unit for
purposes of computing regular eight-hour shift and overtime. Any exceptions
must be approved by FBIHQ. Follow principles illustrated in examples below:
(1) Agent whose regular hours are 8:15 a.m. to 5:00 p.m., Monday
though Friday, reports for duty at 7:00 a.m. one day and because of emergency
special works straight through (except for normal meal breaks) until 8:00 a.m.
next day. Agent may be considered as having worked regular shift from
midnight to 8:00 a.m. the second day and will not have to work regular hours
8:15 a.m. to 5:00 p.m. that day. Agent may claim overtime from 7:00 a.m. to
8:15 a.m. (or one and one-fourth hours) and from 5:00 p.m. to midnight (or
six hours assuming one-hour break for dinner) making total of seven and
one-fourth hours' overtime for first day. Since Agent stopped work at
8:00 a.m. next morning, Agent will have no overtime for second day.
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(2) Agent with same regular work hours and workweek reports for
duty one day at 7:nn a.m. and because of emergency special works through until
4:00 a.m. following morning except for normal meal breaks. Agent will earn
following on the firstAay: one and one-fourth hours' overtime from 7:00 a.m.
to 8:15 a.m..: eight.hours. regular time from 8:15 a.m. to 5:00 p.m.; and six
hours' Overtime (assuming one hour deducted for dinner) from 5:00 p.m. to 12 .
'midnight, making a total of seven.and_one-fourth hours' overtime for first
day. On second day Agent may be considered as having worked half a regular
[ shift or four hours from 12 midnight to 4:00 a.m. [Agentlwill have to work for
an additional four hours sometime before midnight the second day (or, of
course, be in an annual or sick leave status) to get credit for full regular
shift on second day.
(3) Agent with same regular work hours and workweek reports for
duty at 7:00 a.m. one day; milts work at 6:00 p.m. same day; returns to duty
at 11:00 p.m. because of emergency special; works through until 5:00 a.T. next
day; takes break for sleep; returns to office at 1:00 p.m.; and works through
until 6:00 p.m Pirit day will be computed as follows: one and one-fourth
hours' overtime from 7:00 a.m. to 8:15 a.m.; eight hours' regular time from
8:15 a.m. to 5:00 p.m; one hour's overtime from 5:00 p.m. to 6:00 p.m.; one
hour's overtime from 11:00 p.m. to 12 midnight, making total of three and one-
fourth hours' overtime for first day. On second day Agent may be credited
with five hours' regular time from 12 midnight to 5:00 a.m.; three additional
[ hours' regular time from 1:00 p.m. to 4:00 p.m., thus completing[Agent'z]
regular 8-hour shift. Remainder from 4:00 p.m. to 6:00 p.m. will be
overtime.
8-4 WORKLOAD
Division head has continuing responsibility to insure equitable
sharing of workload by Agents. PBIRO insists that all division heads carry
out thil obligation completely and regularly.
8-5 SPECIAL AGENT WEEKEND DUTY ASSIGNMENTS
SACs have the discretion to utilize Agents or qualified support
personnel for duty during regular office hours on non-workdays. When an Agent
comes up for such duty assignment, the workweek is to be administratively
changed, to allow the individual to have another day off to replace the normal
day off of either Saturday or Sunday, as the case maybe. In the case of the
Saturday duty assignment, the workweek of the Agent, for that particular week,
.is to be Tuesday through Saturday with normal days off in that week of Sunday
and Monday. In the case of Sunday duty Agents, the workweek for that partic-
ular week will be Sunday through Thursday, with normal days off of Friday and
Saturday. Should any of these official hours fall between 6:00 p.m. and
6:00 ?a.m. the individual will be entitled to related night differential pay,
and if on Sunday to not over eight hours of Sunday differential pay. No new
work shifts involving such additional premium pay are to be established
without prior FEIN approval. Duty schedules should be established well in
advance, in order that individuals concerned may be aware of their
responsibilities, and make any necessary adjustments. Such weekend duty
assignments are to be rotated among the Agent staff of the office.
8-6 WAGE BOARD EMPLOYEES
Wage Board employees do not come under the Compensation Act;
therefore, the following regulations governing Wage Board employees must be
borne in mind:
(1) Wage Board employees are not 'permitted to earn compensatory
leave but must be paid for overtime work performed.
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(2) Prior FBIHQ approval must be obtained for any scheduling of
(3) All work in excess of eight hours.per day or 40 hours per
week must be compensated for at one and one.-half times the regular rate.
overtime.
(4) A letter should be submitted to FBIHQ whenever an employee
changes shifts, as well as noting time and attendance cards, in order that
appropriate salary adjustments can be made.
(5) Wage Board employees are entitled to night differential of
7 1/2 percent for regularly scheduled nonovertime work when the majority of
their work hours occurs between 3 p.m. and midnight; or 10 percent if the
majority of their work hours occurs between 11 p.m. and 8 a.m. The night
differential is paid for the entire shift when the majority of hours, meaning
a number of whole hours greater than one-half (including meal breaks), falls
within the specified periods.
(6) When Wage Board employee is trial assigned to a Classifica-
tion Act position, Wage Board regulations concerning compensatory leave,
overtime, night shifts, etc., apply until such time as the employee is
permanently assigned to the Classification Act position.
[[8-7 HAZARDOUS DUTY PAY (ELECTRONICS TECHNICIAN)
Electronics Technician (ET) employees who are required to perform
[ hazardous duties or duties involving physical hardship as indicated in Title
[ 5, Code of Federal Regulations (CFR), Part 550, Subpart I, Appendix A, and as
( set forth below, are entitled to additional compensation. Those duties are:
(1) Exposure to Hazardous Weather or Terrain
(a) Work in rough and remote terrain. When working on
[ cliffs, narrow ledges, or near vertical mountainous slopes where a loss of
[ footing would result in serious injury .or death, or when working in areas
[ where there is danger of rock falls or avalanches.
(b) Traveling under hazardous conditions.
1. When travel over secondary or unimproved roads to
isolated mountaintop installations is required at night, or under adverse
weather conditions (such as snow, rain, or fog) which limits visibility to
less than 100 feet, when there is danger of rock, mud, or snow slides.
2. When travel in the wintertime, either on foot or by
means of vehicle, over secondary or unimproved roads or snow trails, in
sparsely settled or isolated areas to isolated installations is required when
there is danger of avalanches, or during -whiteout- phenomenon which limits
visibility to less than 10 feet.
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3. When work or travel in sparsely settled or isolated
areas results in exposure to temperatures and/or wind velocity shown to be of
considerable danger or very great danger (see Windchill Chart, Title 5, CFR,
Part 550, Subpart I, Appendix A-I), and shelter (other than temporary shelter)
or assistance is not readily available.
(2) Height Work
Working on
level, ground, deck, floor,
structure is unstable or if
facilities are not used, or
snow, sleet, ice on walking
high wind velocity.
any-structure of at least 50 feet above the base
roof, etc., under open conditions, if the
scaffolding guards or other suitable protective
if performed under adverse conditions, such as
surfaces, darkness, lightning, steady rain, or
[ It is generaLly expected that above duties[under (1Y and (2)]will be performed
only by the more experienced ETs and only on an irregular or intermittent
basis. The rate of compensation is 25 percent of base pay for all hours in a
pay status on the day in which the duties are performed.
The SAC must notify FBI Headquarters of hazardous duties performed, by
teletype. Teletype is to include information relative to: the nature of the
work performed and how this work meets Title 5, CFR, Part 550, Subpart I,
Appendix A criteria; reason(s) why work could not be delayed until more
favorable conditions existed; and the employee's pay and duty status for the
day in which the work wai performed (tour-of-duty, overtime,
leave-without-pay, hazardous-duty-time, etc.). If it is determined that the
ETs are performing hazardous duties that are not contained in Appendix A,
efforts should be made to include these activities in the Appendix, pursuant
to Title 5, CFR, Section 550,903(b).
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