U.S. Office of Personnel Management - Recruiting, Retaining and Honoring a World-Class Workforce to Serve the American People

Pay Flexibilities Policies

Annual Premium Pay Cap - In certain emergency or mission critical situations, an agency may apply an annual premium pay cap instead of a biweekly premium pay cap, subject to the conditions provided in law and regulation. (See 5 U.S.C. 5547(b) and 5 CFR 550.106-550.107.) This has a financial benefit for employees whose premium pay earnings would cause them to exceed the biweekly limit during some pay periods. When the agency applies an annual premium pay cap, the affected employee's basic pay and premium pay in any calendar year is limited to the greater of (1) the annual rate of basic pay payable for GS-15, step 10 (including any applicable locality rate or special rate of pay), or (2) the annual rate payable for level V of the Executive Schedule.

NOTE: Overtime pay under the Fair Labor Standards Act (FLSA) is not subject to the biweekly or annual premium pay cap.

During a Pandemic Health Crisis

1. Generally, if you are required to work overtime, you may receive:
1. Overtime pay - For information on computing overtime pay under the Fair Labor Standards Act (FLSA), go to www.opm.gov/oca/pay/HTML/computeflsa.asp.
2. Compensatory time off
2. If you are required to work on a holiday during your regularly scheduled tour of duty, you are entitled to receive Holiday pay.
3. If you perform regularly scheduled work on Sundays, you are entitled to receive Sunday premium pay.
4. If you are regularly scheduled to work the night shift, you are entitled to receive Night pay. (Prevailing rate (wage) employees are covered by a separate night shift differential authority. See Subchapter S-8., Pay Administration, at http://www.opm.gov/oca/wage/appfund/.)
5. If you are required to work /telework from home temporarily because of a pandemic health crisis, your locality rate or special rate may continue to be determined based on the location of your regular official worksite.
6. If you are ordered to evacuate from your worksite because of a pandemic health crisis, you may be instructed to perform work at home and receive Evacuation Pay.