(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
5543(a)(1) and section  5544(a) of this title, section 7453(e) oftitle
7 of the Fair Labor Standards Act (29 U.S.C. 207), or any other provision of law; or
(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.
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.
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.
 So in original. The word “section” probably should not appear.
Subsec. (c)(2). Pub. L. 102–40, § 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
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
LII has no control over and does not endorse any external Internet site that contains links to or references LII.