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No. By law, compensatory time off may be approved instead of overtime pay for irregular or occasional (unscheduled) overtime hours of work. See 5 U.S.C. 5543(a). If an employee is scheduled in advance of his or her administrative workweek (i.e., regularly scheduled) to attend an extended training course, such training would not be irregular or occasional (unscheduled) overtime hours. Therefore, the employee may not receive compensatory time off instead of overtime pay for the extended training hours. Please see OPM's fact sheet on compensatory time off for further guidance (http://www.opm.gov/oca/pay/HTML/COMP.HTM).
(Note: Employees on flexible work schedules may earn compensatory time off for regularly scheduled overtime hours, as provided in 5 U.S.C. 6123(a)(1) and 5 CFR 550.114(b) and 551.531(b). However, employees usually are not on flexible work schedules during periods of training.)
Before the employee enters on duty in the position for which recruited, or in the position in the new geographic area, the agency must determine that, in the absence of a recruitment or relocation incentive (as applicable), the agency would encounter difficulty in filling the position. An agency may determine that a position is likely to be difficult to fill if the agency is likely to have difficulty recruiting candidates with the competencies required for the position in the absence of a recruitment or relocation incentive based on the fact that OPM has approved the use of a direct-hire authority applicable to the position or on a consideration of the following factors:
(See 5 CFR 575.106 and 575.206.)
Previously, each employing agency was responsible for establishing an order of precedence for applying deductions from the gross pay of its civilian employees when gross pay was not sufficient to cover all authorized deductions.
A memorandum dated July 30, 2008, to agency Human Resources Directors and payroll offices provides policy guidance to standardize the order of precedence when gross pay is not sufficient to permit all deductions. This guidance is part of the e-Payroll standardization initiative managed by the Office of Management and Budget and the U.S. Office of Personnel Management (OPM) and helps ensure consistency among payroll providers in the processing activities involved in ordering deductions when pay is insufficient to permit all deductions. The memorandum is on OPM's website at the link below.
Qualifying active duty means active duty by a covered employee pursuant to a call or order, as described in 5 U.S.C. 5538(a). (See Part 1 of Appendix D in the OPM Policy Guidance.) (Note: Under section 5538(a), active duty that qualifies for coverage under section 5538 is active duty under a provision of law referred to in 10 U.S.C. 101(a)(13)(B)—i.e., the following specific provisions in title 10 of the United States Code: sections 688, 12301(a), 12302, 12304, 12304a, 12305, and 12406 and chapter 15 (which includes sections 331, 332, and 333). Thus, qualifying active duty does not include voluntary active duty under 10 U.S.C. 12301(d) or annual training duty under 10 U.S.C. 10147 or 12301(b).)
Note: Section 12304a of title 10, United States Code, was added by section 515 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81, December 31, 2011). This new authority was effective on December 31, 2011.
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