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Frequently Asked Questions Pay & Leave

An employee covered by the Fair Labor Standards Act (FLSA-nonexempt) is required to travel, but is afraid to fly, or no flights are available. If the agency authorizes travel by rental car or personal vehicle, is the driving time hours of work for the purpose of earning FLSA overtime pay?

Time spent traveling is hours of work under the FLSA if the travel time meets one of the conditions in 5 CFR 551.422(a) or 5 CFR 550.112(g).  Under 5 CFR 551.422(a)(2), travel time is considered hours of work if an employee is required by the agency to drive a vehicle or perform other work while traveling.  Agencies are responsible for determining whether they are requiring employees to drive in such situations.  If the agency determines that an employee is required to drive, the time spent driving is considered hours of work under the FLSA. 

If the agency determines that an employee is not required to drive because other alternative modes of transportation are available, 5 CFR 551.422(c) requires the agency to credit as hours of work the lesser of

1)      the actual travel time that qualifies as hours of work under 5 CFR 551.422(a) or 5 CFR 550.112(g), or

2)      the estimated travel time that would have been considered hours of work under 5 CFR 551.422(a) had the employee used the mode of transportation offered by the agency.

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