This order was canceled on May 14, 2010.

1. What is the purpose of this section?
2. Does this directive cancel an existing FHWA directive?
3. What are the pertinent references regarding hours of work?
4. What are the definitions of key terms used in this section?
5. Who is covered by this section?
6. What are the responsibilities of officials in scheduling hours of work?
7. What are the regular tours of duty and work schedules?
8. What special tours of duty are used in the FHWA?
9. What other requirements affect hours of work?

1. What is the purpose of this section? This section establishes requirements for a basic workweek and official hours of duty for Federal Highway Administration (FHWA) employees. The FHWA Alternate Work Schedule program is described in Personnel Management Manual Chapter 8, Section 2.

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

3. What are the pertinent references regarding hours of work?

   1. Title 5, U.S. Code, Chapter 34, Part-time Career Employment Opportunities;

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

   3. Title 5, Code of Federal Regulations (CFR), Part 340, Other Than Full-time Career Employment (Part-time, Seasonal, On-call, and Intermittent);

   4. Title 5, CFR, Part 610, Hours of Duty; and

   5. Departmental Personnel Manual (DPM), Chapter 610, Hours of Duty.

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

   1. Administrative workweek. This is a period of 7 consecutive calendar days within which the basic workweek of an employee is included.

   2. Basic workweek. This is the 40-hour workweek established in accordance with 5 CFR 610.111 for full-time employees.

   3. Headquarters. This includes all FHWA employees whose duty station is located at one of the following sites: Nassif Building; the Turner-Fairbank Highway Research Center; or the FHWA Learning Center in Arlington, Virginia.

   4. Irregular tour of duty. This is a period of work which could not be scheduled in advance of the administrative workweek due to the nature of the work required or a similar reason.

   5. Official hours of duty (business period). These are the official hours during which an organization must be open to conduct business.

   6. Part-time tour of duty. This is a regularly scheduled tour of duty from 16 to 32 hours during an administrative workweek.

   7. Regular employees. These are full-time or part-time employees who have a regular tour of duty scheduled in advance, and (1) whose appointments are not limited to 90 days or less, or (2) who have been currently employed for a continuous period of 90 days under one or more appointments without a break in service. The term "regular employee" does not include any person who is employed on an intermittent or "when-actually-employed" (WAE) basis.

   8. Regular tour of duty. This is a period of service totaling 40 hours during which an employee works the hours of the day and on days of the week which are specified in advance. The daily schedule for a full-time employee will cover a total of 8 paid hours, plus the time for an unpaid lunch period.

   9. Tour of duty. This is a period of approved hours which an employee is scheduled to work on a daily basis.

5. Who is covered by this section? All employees of the FHWA who are: (a) covered by the Classification Act of 1949, as amended, or other provisions of law which fix rates of pay; (b) paid in accordance with schedules of the Classification Act by administrative determinations; or (c) paid in accordance with local wage schedules. Employees outside the continental United States, including those in Alaska, who are paid in accordance with local prevailing wage rates for the area in which they are employed, and officials excluded from coverage under the Annual and Sick Leave Act of 1951 (as amended), are not covered by this section.

6. What are the responsibilities of officials in scheduling hours of work?

   1. Establishing hours of work.

      • (1) The Office of the Secretary, Department of Transportation establishes the official hours of duty for employees in the Washington, D.C., Metropolitan Area.

      • (2) The Director, Office of Human Resources, will submit requests for permanent changes in official hours of duty (or business period) for employees in the Washington, D.C., area to the Departmental Office of Human Resource Management.

      • (3) Directors of Field Services, Resource Center Managers, Division Administrators, and Federal Lands Highway Division Engineers will establish the official hours of duty to be observed by employees in their respective organizations.

   2. The hours that employees work must be accurately recorded for time and attendance reporting purposes.

   3. Exceptions or variations. Within the limits of administrative discretion permitted to the FHWA, exceptions to the provisions of this chapter may be granted from time to time as a result of unusual circumstances. These exceptions may be granted by Associate Administrators, the Chief Counsel, the Director of the Office of Human Resources in Headquarters, Directors of Field Services, Resource Center Managers, Division Administrators and Federal Lands Highway Division Engineers whenever the circumstances indicate that such an exception will promote the efficiency of the service.

7. What are the regular tours of duty and work schedules?

   1. Basic workweek. The basic workweek for all full-time employees of the FHWA is 40 hours. Except when a determination has been made that an "organization would be seriously handicapped in carrying out its functions or that costs would be substantially increased," the FHWA will provide each full-time employee with a work schedule which meets the requirements of 5 CFR 610.121.

   2. Official hours of duty. The business period of Headquarters employees of the FHWA, on a single shift basis, shall be from 7:45 a.m. to 4:15 p.m., Monday through Friday, with 30 minutes for lunch. Directors of Field Services, Resource Center Managers, Division Administrators, and Federal Lands Highway Division Engineers will establish the official hours of duty (business period) for their organizations in accordance with applicable laws and Office of Personnel Management regulations. Normally, employees are expected to work between the hours of 6:00 a.m. and 6:00 p.m. in order to control night differential pay.

   3. Exceptions. The basic work week and hours of duty for employees who are participating in an approved Alternate Work Schedule program will be established in accordance with Personnel Management Manual, Chapter 8, Section 2.

8. What special tours of duty are used in the FHWA?

   1. Part-time tour. Where it is not practicable or desirable to obtain an employee's services for a full 40-hour workweek, a regular part-time tour of duty may be established which requires regularly scheduled work from 16 to 32 hours per week. An employee who is assigned to a part-time tour of duty may be requested to perform additional services during the administrative workweek.

   2. Intermittent or WAE tour. When it is not feasible to establish a tour of duty for a regular employee on a continuing basis, employment may be authorized on an intermittent or WAE basis. Employment, as required, would be on an occasional or irregular basis without a regular tour of duty. The hours of duty of WAE employees will relate to the day or portions of the day in which services are required. Generally, work should be performed during the business period for the office or installation to which the employee is assigned.

   3. Irregular tour of duty. Whenever employees are assigned to a work tour of unscheduled hours of duty, the first 40 hours of work performed within a period of not more than 6 days of the administrative workweek shall be considered the basic workweek. Any additional hours of officially ordered or approved duty within the administrative workweek shall be treated as overtime. When the need for an irregular tour of duty ends, the employee's work schedule should promptly be returned to the regular tour of duty.

9. What other requirements affect hours of work? Other requirements that affect hours worked by employees include:

   1. Rest periods. Employees may be granted short rest periods during official hours of duty to protect their health. These breaks provide relief from hazardous work or work which requires continual or considerable physical exertion; promote safety by removal of fatigue; provide relief from work in confined spaces or in areas where personal activities are restricted; or maintain a high quality of work. Rest periods may not be granted immediately prior to, or after, meal periods. The aggregate period of rest may not exceed 15 minutes during each 4 hours of continuous work. These rest periods, if used as described, will be considered as time worked for which payment of compensation is due.

   2. Lunch periods. Lunch (or other meal) periods during the workday are not considered as duty time for which compensation is payable. Normally, the lunch period is one half hour in duration, and the employee must be entirely free of duties connected with the job.

   3. Preparation and clean-up time. Incidental duties that are directly connected with the performance of a job will be considered part of the job requirements within the established hours of duty. These duties include such activities as obtaining and replacing working tools or materials, undergoing inspections, or other similar tasks.

   4. Excused absence. No change in a tour of duty will be considered to have occurred as a result of any period of excused absence.