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B. Management may not require the above listed employees to take compensatory time in lieu <strong>of</strong>overtime pay. However, Management can direct GS employees earning rates <strong>of</strong> basic paygreater than a GS-10 Step 10 who are Exempt from FLSA to take compensatory time <strong>of</strong>f in lieu<strong>of</strong> overtime.C. Compensatory time <strong>of</strong>f that is not used within twenty-six (26) pay periods after the pay periodduring which it was earned will be handled depending upon the status <strong>of</strong> the employee at thetime the compensatory time was earned:(1) FLSA Nonexempt Employees: If the employee is unable to take earned compensatorytime <strong>of</strong>f within twenty-six (26) pay periods after the pay period during which it wasearned or who separates or transfers from the <strong>Bureau</strong> or Office before the earnedcompensatory time <strong>of</strong>f is used, the employee must be paid for the unused compensatorytime <strong>of</strong>f at the overtime rate in effect when the time was earned. Also, if an employee isplaced on leave without pay to perform service in the uniformed services or because <strong>of</strong> anon-the-job injury with entitlement to injury compensation under 5 USC Chapter 81, andis therefore unable to take earned compensatory time <strong>of</strong>f within twenty-six (26) payperiods after which it was earned, then the employee must be paid at the overtime rate ineffect at the time it was earned.(2) FLSA Exempt Employees: If the employee is unable to take earned compensatory time<strong>of</strong>f within twenty-six (26) pay periods after the pay period during which it was earneddue to an exigency <strong>of</strong> the service beyond the employee’s control, Management mustpay the employee for the unused compensatory time <strong>of</strong>f at the overtime rate in effectwhen the time was earned. Also, if the employee transfers, separates, goes on extendedleave without pay to perform service in the uniformed services or because <strong>of</strong> an on-thejobinjury with entitlement to injury compensation under 5 USC Chapter 81, and istherefore unable to take earned compensatory time <strong>of</strong>f within twenty-six (26) pay periodsafter which it was earned, then the employee must be paid at the overtime rate in effect atthe time it was earned. However, if the employee fails to take the compensatory time <strong>of</strong>fbefore the expiration date and it is NOT due to an exigency <strong>of</strong> the service beyond theemployee’s control, then the employee will lose all rights to both compensatory time <strong>of</strong>fand to overtime pay.Section 6. Altering SchedulesExcept when Management would be seriously handicapped in carrying out its function or the costs willbe substantially increased, assignments to tours <strong>of</strong> duty will be scheduled in advance <strong>of</strong> theadministrative workweek over periods <strong>of</strong> not less than one week and that such schedules will remain ineffect for a least one week.56

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