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1997 Rainbow Family National Gathering

U.S. Forest Service Final Report


TRAVEL

References
5 CFR 610.123
5 CFR 550.112 (g)
5 CFR 551.422
FSH 6109.11 12.3 & 13.7

Insofar as practicable, travel during nonduty hours shall not be required of an employee. It is management's responsibility to determine the time and mode of ordered travel. When it is essential that the employee travel during hours for which they may not be compensated, the ordering official shall document the reason(s) for requiring the travel and provide the employee with a copy.

Compensable travel is a complex issue and requires that each situation be individually reviewed for proper application of Title 5 and FLSA rules and regulations. The following are just some of things that must be considered when determining if travel is compensable:

-Fair Labor Standards Act (FLSA) status: exempt/nonexempt
-Official duty station
-Work schedule: basic, compressed, flexible
-Established work week and hours
-Was travel scheduled by management or was it employee preference
-Purpose for the travel: training, meeting, temporary assignment, fire incident
-Mode of transportation: by car, plane, boat, bus, foot, horseback, etc

ALL EMPLOYEES: For all employees (exempt and nonexempt) travel during established work hours is compensable. The Forest Service has determined that all travel to and from a fire incident is compensable as resulting from an event that could not be schedule or controlled administratively.

EXEMPT EMPLOYEES: In addition the following travel is compensable under Title 5 regulations (employees exempt from FLSA):

1.Travel that involves the performance of work while traveling. (Work that can only be performed while traveling)

2. Travel under arduous conditions including travel by foot, on horseback, in a vehicle not equipped to carry passengers, by bus not operated as a common commercial carrier, etc.

3. Travel to an event which could not be scheduled or controlled administratively

VII - 8


TRAVEL TIME UNDER VARIABLE WORK SCHEDULES

To determine if travel is performed on a day within employee's tour of duty and regular hours use:

"SCHEDULED TOUR OF DUTY" for employees under the 5 8-hour Day, Gliding Compressed and 1st 40 tours.

"PATTERN OF ARRIVAL AND DEPARTURE" for employees under the Variable Day Variable Week, and Maxiflex schedules. (May be more than 8 hours/day).

TRAVEL TIME AND CREDIT HOURS

Credit hours can only be accrued for compensable work time. Travel time which is not compensable under Title 5 or FLSA cannot be counted as credit hours earned.

In deciding whether or not travel is performed during regularly scheduled hours under the flexible schedules, use the pattern of arrival and departure:

1) Constant Pattern of Arrival. If the employee tends to arrive/depart within 5 to 10 minutes of the same time each day, use these times.

2) Predominant Pattern of Arrival. If the employee maintains a schedule in which one particular arrival/departure time dominates (e.g., 4 out of 5 days) use these times.

3) Variable Pattern of Arrival. If there is no discernible pattern in the employee's arrival/departure times, use an average over the previous 2-week period.

EXAMPLE 1: Employee works four 10 hour days always arriving at 0700 and departing at 17-30 with 1/2 hour for lunch. Travel within 0700 to 1730 (less lunch time) is within the regularly scheduled hours.

EXAMPLE 2: Employee works M-F 0700 to 1630, M-W 0700-1630, Th 0700-1530, with the second Friday as a "flex-day off". If travel occurs between 0700 and 1630 the first week or Monday through Wednesday of the second week, it is within regular scheduled hours. Travel on the second Thursday is within regular work hours only if it occurs between 0700 and 1530. Travel on the second Friday is the same as travel on Saturday or Sunday.

Work time before and after travel time may be compensable.

EXAMPLE 3: Employee's work schedule is 0730 - 1600. Arrive at the office at 0630, spend 15 minutes loading equipment in the vehicle, etc.; then start traveling. Return to the office at 1700, gas up the vehicle, unload it, put your equipment away, check your inbox, etc., leaving for home at 1730. If this is an exempt employee, the time from 0630-0645 is compensable work time; between 0645 and 0730 is nonwork time. Between 1600 and 1700 is nonwork time, and between 1700-1730 is work time. Be sure to deduct lunch time. If this is a nonexempt employee the time between 0630 and 1730 (minus lunch) is compensable.

TRAVEL TINE AS HOURS OF WORK UNDER FLSA
(Synopsis of FPM Letters 551-10 and 551-11)

AUTHORIZED TRAVEL: Travel performed under the direction or control of the agency and for the benefit of the agency.

HOME TO WORK TRAVEL: Travel to and from ram work before or after the normal workday Is not considered hours worked However, If m e employee performs an activity as a requirement of the agency (I.e. performs work) while traveling to or from works, the time may be considered as hours of work.

TRAVEL WITHIN THE LIMITS OF THE OFFICIAL DUTY STATION:

(Both as a passenger and driver)

Time spent In authorized travel within the ODS during the regular workday counts as hours worked.

Time spent traveling within the ODS In performance of a specific Job assignment which serves to extend the regular workday Is also considered hours worked. Normal home to work travel and bona fide meal periods are deducted.

TRAVEL OUTSIDE THE LIMITS OF THE OFFICIAL DUTY STATION:

1. Working While Traveling Outside the ODS:

If an employee Is req uired to perform work while traveling at the request and on behalf of the agency, the travel time counts as hours worked. Example: If an agency requires an employee to drive a passenger vehicle to transport himself or others to a TDY, the time counts. Deduct bona fide meal periods, periods when the employee Is relieved of duty, and, under certain conditions, sheep periods.

2. Corresponding Hours:

Hours on nonwork days which correspond to the nonexempt employee's regular working hours Time spent traveling (as a passenger or driver) during corresponding hours of a nonwork day counts as hours of work.

Example: If an employee normally works from 8:00 a.m. to 4:30 p.m., Monday through Friday, any travel performed by the employee between 8 a m. and 4:30 p.m. On Saturday or Sunday Is hours of work. Bona fide meal periods and periods of nonwork are deducted.

3. Travel to TDY on a ONEDAY ASSIGNMENT (Return Same Day):

Travel as a PASSENGER

Generally speaking, time spent traveling as a passenger on a oneday assignment to a TDY location Is hours of work under FLSA, regardless of when It occurs.

Examples: Normal waiting time at a common carrier terminal prior to scheduled departure time; travel time from scheduled departure of common carrier to arriver at terminal at point of destination; usual waiting time which interupts travel; travel time from terminal of destination to-TOY station; time traveling from home to common carrier terminal which Is in excess of normal home to York, provided terminal Is located outside the ODS limits; time traveling as a passenger In an automobile from home to TDY In excess of normal home to work travel time.

Travel as a DRIVER of a Passenger Vehicle

Time spent driving a passenger vehicle from home to a TDY station (or returning home from a TDY station) located outside the ODS limits Is hours of work. Deduct normal home to Work only If the travel is performed outside regular working hours and outside corresponding hours on a noneork day.

4. OVERNIGHT TRAVEL to TDY STATION

Travel as a PASSENGER

The time a nonexempt employee spent traveling as a passenger on an overnight assignment is counted as hours worked only If It occurs during regular working hours on a regular workday or during corresponding hours of nonwork day.

Time spent traveling outside regular work hours and outside corresponding hours on a nonwork day Is not considered hours of work.

Bona fide meal periods, excess waiting time at common carrier terminal etc are deducted from hours worked.

Travel as a DRIVER

Normal home to work travel time Is deducted from total travel time If an employee drives from his or her home directly to a TOY station located outside the limits of the ODS If the travel occurs outside regular working hours or outside corresponding hours on a nonwork day.

If the employee drives directly from home to temporary lodgings at the TDY station normal home to work travel time 15 not deducted. Also, mere Is no deduction of normal home to work travel time If all travel occurs within normal duty hours or corresponding hours on nonworking days.

ELECTION TO COMMUTE Rather than Remain at Temporary Lodgings At TDY Station

If an employee elects to commute between his home and the temporary duty station Instead of staying at temporary lodgings, only the travel time on the first day and the day of final return can count as hours of work. The dally commute Is considered normal home to work travel.

5. TRAVEL BY MODE OF TRANSPORTATION OTHER THAN SELECTED BY THE AGENCY

When an employee for personal reasons, such as an aversion to flying, does not use the mode of transportation selected by the employing agency, the employee shall be credited with the lesser of (1) the portion of actual travel time which Is considered working time, or (2) the estimated travel time which would be working time had the employee used the mode of transportatlon selected by the agency.

6. TRAVEL AT A TIME OTHER THAN SELECTED BY THE AGENCY

When an employee, for personal reasons, travels at a time other than the time. selected by the agency or for personal convenience travels by an Indirect route or Interrupts travel, the employee shall be credited with the lesser of (1) the portion of actual travel time which is considered hours of work, (2) the portion of estimated travel time that would have been considered hours of work had the employee traveled at the time and by the route selected by the agency.

7. TRAVEL THAT CROSSES 2 OR MORE TIME ZONES

When travel Involves 2 or mere time zones, the time zone from point of first departure for the workday Is used to determine whether the employee performed the travel during regular working hours or during corresponding hours


TRAVEL AND OVERTIME
NON-EXEMPT (Covered by FLSA & Title 5)
EXEMPT (Covered by Title 5 only) Single Day Multi-Day
Covered by FLSA only = TC 23
Covered by Title 5 only = TC 24
Covered by Both = TC 21 Title 5 FLSA Title 5 FLSA
1. TRAVEL AS A PASSENGER
(Outside corresponding hours)
(NON-EMERGENCY) No Yes No No
(EMERGENCY) Yes Yes Yes No
2. TRAVEL AS A PASSENGER
(Within corresponding hours on a non-work day)
(NON-EMERGENCY) No Yes No Yes
(EMERGENCY) Yes Yes Yes Yes
3. DRIVER (Whose job is other than a driver) No Yes No Yes
4. DRIVER (Job classified as a driver or hired just to drive) Yes Yes Yes Yes
5. FIRE DRIVER
(Within corresponding hours on a nonwork day) Yes Yes Yes Yes
6. FIRE DRIVER
(Outside corresponding hours) Yes Yes Yes Yes
7. TRAVEL AS A CREW BOSS Yes Yes Yes Yes
8. TRAVEL ON A MULTI-DAY FIRE
AFTER FIRST DAY. (NOT RETURNING TO OFFICIAL STATION) Yes Yes Yes Yes


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