Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)

Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via
Atlas depot), ingested with the standard pipeline: raw snapshot ->
per-section OKF markdown -> manifest + checksums. Title 52 untouched.
LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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title: "5 U.S.C. § 6102"
description: "Repealed. Pub. L. 92392, § 7(a), Aug. 19, 1972, 86 Stat. 573]"
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# 5 U.S.C. § 6102 - Repealed. Pub. L. 92392, § 7(a), Aug. 19, 1972, 86 Stat. 573]
## Notes
Section, Pub. L. 89554, Sept. 6, 1966, 80 Stat. 515, provided for eight-hour day and 40-hour workweek for wage-board employees. See sections 5544(a) and 6101(a)(1) of this title.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective on first day of first applicable pay period beginning on or after 90th day after Aug. 19, 1972, see section 15(a) of Pub. L. 92392, set out as an Effective Date note under section 5341 of this title.
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description: "Holidays"
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# 5 U.S.C. § 6103 - Holidays
## Text
(a) The following are legal public holidays:New Years Day, January 1. Birthday of Martin Luther King, Jr., the third Monday in January. Washingtons Birthday, the third Monday in February. Memorial Day, the last Monday in May. Juneteenth National Independence Day, June 19. Independence Day, July 4. Labor Day, the first Monday in September. Columbus Day, the second Monday in October. Veterans Day, November 11. Thanksgiving Day, the fourth Thursday in November. Christmas Day, December 25.
(b) For the purpose of statutes relating to pay and leave of employees, with respect to a legal public holiday and any other day declared to be a holiday by Federal statute or Executive order, the following rules apply:
(1) Instead of a holiday that occurs on a Saturday, the Friday immediately before is a legal public holiday for—
(A) employees whose basic workweek is Monday through Friday; and
(B) the purpose of section 6309 11 See References in Text note below. of this title.
(2) Instead of a holiday that occurs on a regular weekly non-workday of an employee whose basic workweek is other than Monday through Friday, except the regular weekly non-workday administratively scheduled for the employee instead of Sunday, the workday immediately before that regular weekly nonworkday is a legal public holiday for the employee.
(3) Instead of a holiday that is designated under subsection (a) to occur on a Monday, for an employee at a duty post outside the United States whose basic workweek is other than Monday through Friday, and for whom Monday is a regularly scheduled workday, the legal public holiday is the first workday of the workweek in which the Monday designated for the observance of such holiday under subsection (a) occurs.
This subsection, except subparagraph (B) of paragraph (1), does not apply to an employee whose basic workweek is Monday through Saturday.
(c) January 20 of each fourth year after 1965, Inauguration Day, is a legal public holiday for the purpose of statutes relating to pay and leave of employees as defined by section 2105 of this title and individuals employed by the government of the District of Columbia employed in the District of Columbia, Montgomery and Prince Georges Counties in Maryland, Arlington and Fairfax Counties in Virginia, and the cities of Alexandria and Falls Church in Virginia. When January 20 of any fourth year after 1965 falls on Sunday, the next succeeding day selected for the public observance of the inauguration of the President is a legal public holiday for the purpose of this subsection.
(d) (1) For purposes of this subsection—
(A) the term “compressed schedule” has the meaning given such term by section 6121(5); and
(B) the term “adverse agency impact” has the meaning given such term by section 6131(b).
(2) An agency may prescribe rules under which employees on a compressed schedule may, in the case of a holiday that occurs on a regularly scheduled non-workday for such employees, and notwithstanding any other provision of law or the terms of any collective bargaining agreement, be required to observe such holiday on a workday other than as provided by subsection (b), if the agency head determines that it is necessary to do so in order to prevent an adverse agency impact.
(Pub. L. 89554, Sept. 6, 1966, 80 Stat. 515; Pub. L. 90363, § 1(a), June 28, 1968, 82 Stat. 250; Pub. L. 9497, Sept. 18, 1975, 89 Stat. 479; Pub. L. 98144, § 1, Nov. 2, 1983, 97 Stat. 917; Pub. L. 104201, div. A, title XVI, § 1613, Sept. 23, 1996, 110 Stat. 2739; Pub. L. 105261, div. A, title XI, § 1107, Oct. 17, 1998, 112 Stat. 2142; Pub. L. 11717, § 2, June 17, 2021, 135 Stat. 287.)
## Notes
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large (a)5 U.S.C. 87.June 28, 1894, ch. 118, 28 Stat. 96. 5 U.S.C. 87a.May 13, 1938, ch. 210, 52 Stat. 351.  June 1, 1954, ch. 250, 68 Stat. 168. 5 U.S.C. 87b.Dec. 26, 1941, ch. 631, 55 Stat. 862. (b)5 U.S.C. 87c.Sept. 22, 1959, Pub. L. 86362, §§ 1, 2, 73 Stat. 643, 644. (c)[Uncodified].Jan. 11, 1957, Pub. L. 851, 71 Stat. 3. In subsection (a), former sections 87, 87a, and 87b are combined and restated for clarity. The names of all holidays are inserted for ready reference in a like manner to that used in former section 87c. In subsection (c), the year “1965” is substituted for “1957”. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
References in TextSection 6309 of this title, referred to in subsec. (b)(1)(B), was repealed by Pub. L. 94183, § 2(26), Dec. 31, 1975, 89 Stat. 1058.
Amendments2021—Subsec. (a). Pub. L. 11717 inserted item relating to Juneteenth National Independence Day. 1998—Subsec. (b)(3). Pub. L. 105261 added par. (3). 1996—Subsec. (d). Pub. L. 104201 added subsec. (d). 1983—Subsec. (a). Pub. L. 98144 inserted item relating to birthday of Martin Luther King, Jr. 1975—Subsec. (a). Pub. L. 9497 changed Veterans Day from fourth Monday in October to November 11. 1968—Subsec. (a). Pub. L. 90363 added Columbus Day, the second Monday in October, to the enumerated legal public holidays, and substituted provisions that Washingtons Birthday, Memorial Day, and Veterans Day are to be celebrated on the third Monday in February, the last Monday in May, and the fourth Monday in October, respectively, for provisions that the above mentioned public holidays are to be celebrated on February 22, May 30, and November 11, respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 1983 AmendmentPub. L. 98144, § 2, Nov. 2, 1983, 97 Stat. 917, provided that: “The amendment made by the first section of this Act [amending this section] shall take effect on the first January 1 that occurs after the two-year period following the date of the enactment of this Act [Nov. 2, 1983].”
Effective Date of 1975 AmendmentPub. L. 9497 provided that the amendment made by Pub. L. 9497 is effective Jan. 1, 1978.
Effective Date of 1968 AmendmentPub. L. 90363, § 2, June 28, 1968, 82 Stat. 251, provided that: “The amendment made by subsection (a) of the first section of this Act [amending this section] shall take effect on January 1, 1971.”
References in Laws of the United States to Observances of Legal Public HolidaysPub. L. 90363, § 1(b), June 28, 1968, 82 Stat. 250, provided that: “Any reference in a law of the United States (in effect on the effective date of the amendment made by subsection (a) of this section) [January 1, 1971] to the observance of a legal public holiday on a day other than the day prescribed for the observance of such holiday by section 6103(a) of title 5, United States Code, as amended by subsection (a), shall on and after such effective date be considered a reference to the day for the observance of such holiday prescribed in such amended section 6103(a).”
Executive Documents
Executive Order No. 10358 Ex. Ord. No. 10358, June 9, 1952, 17 F.R. 1529, as amended by Ex. Ord. No. 11226, May 27, 1965, 30 F.R. 7213; Ex. Ord. No. 11272, Feb. 23, 1966, 31 F.R. 3111, which related to the observance of holidays, was revoked by Ex. Ord. No. 11582, Feb. 11, 1971, 36 F.R. 2957, set out below.
Ex. Ord. No. 11582. Observance of Holidays Ex. Ord. No. 11582, Feb. 11, 1971, 36 F.R. 2957, provided: By virtue of the authority vested in me as President of the United States, it is hereby ordered as follows: Section 1. Except as provided in section 7, this order shall apply to all executive departments, independent agencies, and Government corporations, including their field services. Sec. 2. As used in this order: (a) Holiday means the first day of January, the third Monday of February, the last Monday of May, the fourth day of July, the first Monday of September, the second Monday of October, the fourth Monday of October, the fourth Thursday of November, the twenty-fifth day of December, or any other calendar day designated as a holiday by Federal statute or Executive order. (b) Workday means those hours which comprise in sequence the employees regular daily tour of duty within any 24-hour period, whether falling entirely within one calendar day or not. Sec. 3. (a) Any employee whose basic workweek does not include Sunday and who would ordinarily be excused from work on a holiday falling within his basic workweek shall be excused from work on the next workday of his basic workweek whenever a holiday falls on Sunday. (b) Any employee whose basic workweek includes Sunday and who would ordinarily be excused from work on a holiday falling within his basic workweek shall be excused from work on the next workday of his basic workweek whenever a holiday falls on a day that has been administratively scheduled as his regular weekly nonworkday in lieu of Sunday. Sec. 4. The holiday for a full-time employee for whom the head of a department has established the first 40 hours of duty performed within a period of not more than six days of the administrative workweek as his basic workweek because of the impracticability of prescribing a regular schedule of definite hours of duty for each workday, shall be determined as follows: (a) If a holiday occurs on Sunday, the head of the department shall designate in advance either Sunday or Monday as the employees holiday and the employees basic 40-hour tour of duty shall be deemed to include eight hours on the day designated as the employees holiday. (b) If a holiday occurs on Saturday, the head of the department shall designate in advance either the Saturday or the preceding Friday as the employees holiday and the employees basic 40-hour tour of duty shall be deemed to include eight hours on the day designated as the employees holiday. (c) If a holiday occurs on any other day of the week, that day shall be the employees holiday, and the employees basic 40-hour tour of duty shall be deemed to include eight hours on that day. (d) When a holiday is less than a full day, proportionate credit will be given under paragraph (a), (b), or (c) of this section. Sec. 5. Any employee whose workday covers portions of two calendar days and who would, except for this section, ordinarily be excused from work scheduled for the hours of any calendar day on which a holiday falls, shall instead be excused from work on his entire workday which commences on any such calendar day. Sec. 6. In administering the provisions of law relating to pay and leave of absence, the workdays referred to in sections 3, 4, and 5 shall be treated as holidays in lieu of the corresponding calendar holidays. Sec. 7. The provisions of this order shall apply to officers and employees of the Post Office Department and the United States Postal Service (except that sections 3, 4, 5, and 6 shall not apply to the Postal Field Service) until changed by the Postal Service in accordance with the Postal Reorganization Act. Sec. 8. Executive Order No. 10358 of June 9, 1952, entitled Observance of Holidays by Government Agencies and amendatory Executive Orders No. 11226 of May 27, 1965, and No. 11272 of February 23, 1966, are revoked. Sec. 9. This order is effective as of January 1, 1971. Richard Nixon.
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# 5 U.S.C. § 6104 - Holidays; daily, hourly, and piece-work basis employees
## Text
When a regular employee as defined by section 2105 of this title or an individual employed regularly by the government of the District of Columbia, whose pay is fixed at a daily or hourly rate, or on a piece-work basis, is relieved or prevented from working on a day—
(1) on which agencies are closed by Executive order, or, for individuals employed by the government of the District of Columbia, by order of the Mayor;
(2) by administrative order under regulations issued by the President, or, for individuals employed by the government of the District of Columbia, by the Council of the District of Columbia; or
(3) solely because of the occurrence of a legal public holiday under section 6103 of this title, or a day declared a holiday by Federal statute, Executive order, or, for individuals employed by the government of the District of Columbia, by order of the Mayor;
he is entitled to the same pay for that day as for a day on which an ordinary days work is performed.
(Pub. L. 89554, Sept. 6, 1966, 80 Stat. 516; Pub. L. 90623, § 1(15), Oct. 22, 1968, 82 Stat. 1313; Pub. L. 9654, § 2(a)(38), Aug. 14, 1979, 93 Stat. 383.)
## Notes
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large  5 U.S.C. 86a.June 29, 1938, ch. 818, § 1, 52 Stat. 1246.  June 11, 1954, ch. 283, 68 Stat. 249.  July 18, 1958, Pub. L. 85533, § 2, 72 Stat. 377. The enumeration of holidays is eliminated as unnecessary in view of section 6103. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments1979—Pub. L. 9654 substituted “Mayor” for “Commissioner” in pars. (1) and (3), and “Council of the District of Columbia” for “District of Columbia Council” in par. (2). 1968—Pub. L. 90623 substituted “Commissioner” for “Board of Commissioners” in pars. (1) and (3), and “District of Columbia Council” for “Board of Commissioners” in par. (2).
Statutory Notes and Related Subsidiaries
Effective Date of 1979 AmendmentAmendment by Pub. L. 9654 effective July 12, 1979, see section 2(b) of Pub. L. 9654, set out as a note under section 305 of this title.
Effective Date of 1968 AmendmentAmendment by Pub. L. 90623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90623, set out as a note under section 5334 of this title.
Executive Documents
Ex. Ord. No. 10552. Delegation of Authority To Promulgate Regulations Ex. Ord. No. 10552, Aug. 10, 1954, 19 F.R. 5079, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided: By virtue of the authority vested in me by section 301 of title 3 of the United States Code, 65 Stat. 713, it is declared that the Office of Personnel Management be, and it is hereby, designated and empowered to exercise, without the approval, ratification, or other action of the President, the authority vested in the President by the joint resolution of June 29, 1938, 52 Stat. 1246, as amended by the act of June 11, 1954, 68 Stat. 249 [this section], to promulgate regulations under which certain employees of the Government may be prevented or relieved from working by administrative order.
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# 5 U.S.C. § 6105 - Closing of Executive departments
## Text
An Executive department may not be closed as a mark to the memory of a deceased former official of the United States.
(Pub. L. 89554, Sept. 6, 1966, 80 Stat. 516.)
## Notes
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large  5 U.S.C. 28.Mar. 3, 1893, ch. 211, § 4, 27 Stat. 715. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
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# 5 U.S.C. § 6106 - Time clocks; restrictions
## Text
A recording clock may not be used to record time of an employee of an Executive department in the District of Columbia, except that the Bureau of Engraving and Printing may use such recording clocks.
(Pub. L. 89554, Sept. 6, 1966, 80 Stat. 516; Pub. L. 97221, § 6(a), July 23, 1982, 96 Stat. 234.)
## Notes
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large  5 U.S.C. 27.Feb. 24, 1899, ch. 187, § 1 (14th par. on p. 864), 30 Stat. 864. The words “District of Columbia” are substituted for “Washington” as a clearer statement. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments1982—Pub. L. 97221 substituted “District of Columbia, except that the Bureau of Engraving and Printing may use such recording clocks” for “District of Columbia”.
Statutory Notes and Related Subsidiaries
Effective Date of 1982 AmendmentPub. L. 97221, § 6(b), July 23, 1982, 96 Stat. 234, provided that: “The amendment made by this section [amending this section] shall take effect October 1, 1982. Section 5 of this Act [set out in the Termination Date of 1982 Amendment note under section 6101 of this title] shall not apply to the amendment made by this section.”
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# 5 U.S.C. § 6121 - Definitions
## Text
For purposes of this subchapter—
(1) “agency” means any Executive agency, any military department, the Government Publishing Office, the Library of Congress, the Architect of the Capitol, and the Botanic Garden;
(2) “employee” has the meaning given the term in subsection (a) of section 2105 of this title, except that such term also includes an employee described in subsection (c) of that section;
(3) “basic work requirement” means the number of hours, excluding overtime hours, which an employee is required to work or is required to account for by leave or otherwise;
(4) “credit hours” means any hours, within a flexible schedule established under section 6122 of this title, which are in excess of an employees basic work requirement and which the employee elects to work so as to vary the length of a workweek or a workday;
(5) “compressed schedule” means—
(A) in the case of a full-time employee, an 80-hour biweekly basic work requirement which is scheduled for less than 10 workdays, and
(B) in the case of a part-time employee, a biweekly basic work requirement of less than 80 hours which is scheduled for less than 10 workdays;
(6) “overtime hours”, when used with respect to flexible schedule programs under sections 6122 through 6126 of this title, means all hours in excess of 8 hours in a day or 40 hours in a week which are officially ordered in advance, but does not include credit hours;
(7) “overtime hours”, when used with respect to compressed schedule programs under sections 6127 and 6128 of this title, means any hours in excess of those specified hours which constitute the compressed schedule; and
(8) “collective bargaining”, “collective bargaining agreement”, and “exclusive representative” have the same meanings given such terms—
(A) by section 7103(a)(12), (8), and (16) of this title, respectively, in the case of any unit covered by chapter 71 of this title; and
(B) in the case of any other unit, by the corresponding provisions applicable under the personnel system covering this unit.
(Added Pub. L. 97221, § 2(a)(2), July 23, 1982, 96 Stat. 227; amended Pub. L. 101163, title III, § 312, Nov. 21, 1989, 103 Stat. 1065; Pub. L. 104106, div. A, title X, § 1041, Feb. 10, 1996, 110 Stat. 433; Pub. L. 11168, div. A, title I, § 1302(1), Oct. 1, 2009, 123 Stat. 2034; Pub. L. 113235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537.)
## Notes
Editorial Notes
Amendments2009—Par. (1). Pub. L. 11168 substituted “the Library of Congress, the Architect of the Capitol, and the Botanic Garden” for “and the Library of Congress”. 1996—Par. (2). Pub. L. 104106 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “ employee has the meaning given it by section 2105 of this title;”. 1989—Par. (1). Pub. L. 101163 inserted “the Government Printing Office,” after “military department,”.
Statutory Notes and Related Subsidiaries
Change of Name “Government Publishing Office” substituted for “Government Printing Office” in par. (1) on authority of section 1301(b) of Pub. L. 113235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.
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# 5 U.S.C. § 6122 - Flexible schedules; agencies authorized to use
## Text
(a) Notwithstanding section 6101 of this title, each agency may establish, in accordance with this subchapter, programs which allow the use of flexible schedules which include—
(1) designated hours and days during which an employee on such a schedule must be present for work; and
(2) designated hours during which an employee on such a schedule may elect the time of such employees arrival at and departure from work, solely for such purpose or, if and to the extent permitted, for the purpose of accumulating credit hours to reduce the length of the workweek or another workday.
An election by an employee referred to in paragraph (2) shall be subject to limitations generally prescribed to ensure that the duties and requirements of the employees position are fulfilled.
(b) Notwithstanding any other provision of this subchapter, but subject to the terms of any written agreement referred to in section 6130(a) of this title, if the head of an agency determines that any organization within the agency which is participating in a program under subsection (a) is being substantially disrupted in carrying out its functions or is incurring additional costs because of such participation, such agency head may—
(1) restrict the employees choice of arrival and departure time,
(2) restrict the use of credit hours, or
(3) exclude from such program any employee or group of employees.
(Added Pub. L. 97221, § 2(a)(2), July 23, 1982, 96 Stat. 228.)
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# 5 U.S.C. § 6123 - Flexible schedules; computation of premium pay
## Text
(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 5542(a), 5543(a)(1) and section 11 So in original. The word “section” probably should not appear. 5544(a) of this title, section 7453(e) of title 38, section 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 employees basic work requirement.
(c) (1) Notwithstanding section 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.
(2) Notwithstanding section 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.
(Added Pub. L. 97221, § 2(a)(2), July 23, 1982, 96 Stat. 228; amended Pub. L. 10240, title IV, § 403(c)(2), May 7, 1991, 105 Stat. 240; Pub. L. 102378, § 2(44)(D), Oct. 2, 1992, 106 Stat. 1352.)
## Notes
Editorial Notes
Amendments1992—Subsec. (a)(1). Pub. L. 102378 substituted “5543(a)(1) and section 5544(a)” for “5543(a)(1), 5544(a), and 5550”. 1991—Subsec. (a)(1). Pub. L. 10240, § 403(c)(2)(A), substituted “section 7453(e)” for “section 4107(e)(5)”. Subsec. (c)(2). Pub. L. 10240, § 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 4107”.
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# 5 U.S.C. § 6124 - Flexible schedules; holidays
## Text
Notwithstanding sections 6103 and 6104 of this title, if any employee on a flexible schedule under section 6122 of this title is relieved or prevented from working on a day designated as a holiday by Federal statute or Executive order, such employee is entitled to pay with respect to that day for 8 hours (or, in the case of a part-time employee, an appropriate portion of the employees biweekly basic work requirement as determined under regulations prescribed by the Office of Personnel Management).
(Added Pub. L. 97221, § 2(a)(2), July 23, 1982, 96 Stat. 229.)
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# 5 U.S.C. § 6125 - Flexible schedules; time-recording devices
## Text
Notwithstanding section 6106 of this title, the Office of Personnel Management or any agency may use recording clocks as part of programs under section 6122 of this title.
(Added Pub. L. 97221, § 2(a)(2), July 23, 1982, 96 Stat. 229.)
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# 5 U.S.C. § 6126 - Flexible schedules; credit hours; accumulation and compensation
## Text
(a) Subject to any limitation prescribed by the Office of Personnel Management or the agency, a full-time employee on a flexible schedule can accumulate not more than 24 credit hours, and a part-time employee can accumulate not more than one-fourth of the hours in such employees biweekly basic work requirement, for carryover from a biweekly pay period to a succeeding biweekly pay period for credit to the basic work requirement for such period.
(b) Any employee who is on a flexible schedule program under section 6122 of this title and who is no longer subject to such a program shall be paid at such employees then current rate of basic pay for—
(1) in the case of a full-time employee, not more than 24 credit hours accumulated by such employee, or
(2) in the case of a part-time employee, the number of credit hours (not in excess of one-fourth of the hours in such employees biweekly basic work requirement) accumulated by such employee.
(Added Pub. L. 97221, § 2(a)(2), July 23, 1982, 96 Stat. 230.)
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# 5 U.S.C. § 6127 - Compressed schedules; agencies authorized to use
## Text
(a) Notwithstanding section 6101 of this title, each agency may establish programs which use a 4-day workweek or other compressed schedule.
(b) (1) An employee in a unit with respect to which an organization of Government employees has not been accorded exclusive recognition shall not be required to participate in any program under subsection (a) unless a majority of the employees in such unit who, but for this paragraph, would be included in such program have voted to be so included.
(2) Upon written request to any agency by an employee, the agency, if it determines that participation in a program under subsection (a) would impose a personal hardship on such employee, shall—
(A) except such employee from such program; or
(B) reassign such employee to the first position within the agency—
(i) which becomes vacant after such determination,
(ii) which is not included within such program,
(iii) for which such employee is qualified, and
(iv) which is acceptable to the employee.
A determination by an agency under this paragraph shall be made not later than 10 days after the day on which a written request for such determination is received by the agency.
(Added Pub. L. 97221, § 2(a)(2), July 23, 1982, 96 Stat. 230.)
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# 5 U.S.C. § 6128 - Compressed schedules; computation of premium pay
## Text
(a) The provisions of sections 5542(a) and 5544(a) of this title, section 7453(e) of title 38, section 7 of the Fair Labor Standards Act (29 U.S.C. 207), or any other law, which relate to premium pay for overtime work, shall not apply to the hours which constitute a compressed schedule.
(b) In the case of any full-time employee, hours worked in excess of the compressed schedule shall be overtime hours and shall be paid for as provided by the applicable provisions referred to in subsection (a) of this section. In the case of any part-time employee on a compressed schedule, overtime pay shall begin to be paid after the same number of hours of work after which a full-time employee on a similar schedule would begin to receive overtime pay.
(c) Notwithstanding section 5544(a) or 5546(a) of this title, or any other applicable provision of law, in the case of any full-time employee on a compressed schedule who performs work (other than overtime work) on a tour of duty for any workday a part of which is performed on a Sunday, such employee is entitled to pay for work performed during the entire tour of duty at the rate of such employees basic pay, plus premium pay at a rate equal to 25 percent of such basic pay rate.
(d) Notwithstanding section 5546(b) of this title, an employee on a compressed schedule who performs work on a holiday designated by Federal statute or Executive order is entitled to pay at the rate of such employees basic pay, plus premium pay at a rate equal to such basic pay rate, for such work which is not in excess of the basic work requirement of such employee for such day. For hours worked on such a holiday in excess of the basic work requirement for such day, the employee is entitled to premium pay in accordance with the provisions of section 5542(a) or 5544(a) of this title, as applicable, or the provisions of section 7 of the Fair Labor Standards Act (29 U.S.C. 207) whichever provisions are more beneficial to the employee.
(Added Pub. L. 97221, § 2(a)(2), July 23, 1982, 96 Stat. 230; amended Pub. L. 10240, title IV, § 403(c)(3), May 7, 1991, 105 Stat. 240; Pub. L. 102378, § 2(44)(E), Oct. 2, 1992, 106 Stat. 1352.)
## Notes
Editorial Notes
Amendments1992—Subsec. (a). Pub. L. 102378, § 2(44)(E)(i), substituted “5542(a) and 5544(a)” for “5542(a), 5544(a), and 5550(2)”. Subsec. (c). Pub. L. 102378, § 2(44)(E)(ii), substituted “5544(a) or 5546(a)” for “5544(a), 5546(a), or 5550(1)”. 1991—Subsec. (a). Pub. L. 10240 substituted “section 7453(e)” for “section 4107(e)(5)”.
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# 5 U.S.C. § 6129 - Administration of leave and retirement provisions
## Text
For purposes of administering sections 6303(a), 6304, 6307(a) and (d), 6323, 6326, 6327, and 8339(m) of this title, in the case of an employee who is in any program under this subchapter, references to a day or workday (or to multiples or parts thereof) contained in such sections shall be considered to be references to 8 hours (or to the respective multiples or parts thereof).
(Added Pub. L. 97221, § 2(a)(2), July 23, 1982, 96 Stat. 231; amended Pub. L. 103329, title VI, § 629(a)(2)(A), (b)(2), Sept. 30, 1994, 108 Stat. 2423.)
## Notes
Editorial Notes
Amendments1994—Pub. L. 103329 substituted “6307(a) and (d)” for “6307(a) and (c)” and inserted “6327,” after “6326,”.
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# 5 U.S.C. § 6130 - Application of programs in the case of collective bargaining agreements
## Text
(a) (1) In the case of employees in a unit represented by an exclusive representative, any flexible or compressed work schedule, and the establishment and termination of any such schedule, shall be subject to the provisions of this subchapter and the terms of a collective bargaining agreement between the agency and the exclusive representative.
(2) Employees within a unit represented by an exclusive representative shall not be included within any program under this subchapter except to the extent expressly provided under a collective bargaining agreement between the agency and the exclusive representative.
(b) An agency may not participate in a flexible or compressed schedule program under a collective bargaining agreement which contains premium pay provisions which are inconsistent with the provisions of section 6123 or 6128 of this title, as applicable.
(Added Pub. L. 97221, § 2(a)(2), July 23, 1982, 96 Stat. 231.)
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# 5 U.S.C. § 6131 - Criteria and review
## Text
(a) Notwithstanding the preceding provisions of this subchapter or any collective bargaining agreement and subject to subsection (c) of this section, if the head of an agency finds that a particular flexible or compressed schedule under this subchapter has had or would have an adverse agency impact, the agency shall promptly determine not to—
(1) establish such schedule; or
(2) continue such schedule, if the schedule has already been established.
(b) For purposes of this section, “adverse agency impact” means—
(1) a reduction of the productivity of the agency;
(2) a diminished level of services furnished to the public by the agency; or
(3) an increase in the cost of agency operations (other than a reasonable administrative cost relating to the process of establishing a flexible or compressed schedule).
(c) (1) This subsection shall apply in the case of any schedule covering employees in a unit represented by an exclusive representative.
(2) (A) If an agency and an exclusive representative reach an impasse in collective bargaining with respect to an agency determination under subsection (a)(1) not to establish a flexible or compressed schedule, the impasse shall be presented to the Federal Service Impasses Panel (hereinafter in this section referred to as the “Panel”).
(B) The Panel shall promptly consider any case presented under subparagraph (A), and shall take final action in favor of the agencys determination if the finding on which it is based is supported by evidence that the schedule is likely to cause an adverse agency impact.
(3) (A) If an agency and an exclusive representative have entered into a collective bargaining agreement providing for use of a flexible or compressed schedule under this subchapter and the head of the agency determines under subsection (a)(2) to terminate a flexible or compressed schedule, the agency may reopen the agreement to seek termination of the schedule involved.
(B) If the agency and exclusive representative reach an impasse in collective bargaining with respect to terminating such schedule, the impasse shall be presented to the Panel.
(C) The Panel shall promptly consider any case presented under subparagraph (B), and shall rule on such impasse not later than 60 days after the date the Panel is presented the impasse. The Panel shall take final action in favor of the agencys determination to terminate a schedule if the finding on which the determination is based is supported by evidence that the schedule has caused an adverse agency impact.
(D) Any such schedule may not be terminated until—
(i) the agreement covering such schedule is renegotiated or expires or terminates pursuant to the terms of that agreement; or
(ii) the date of the Panels final decision, if an impasse arose in the reopening of the agreement under subparagraph (A) of this paragraph.
(d) This section shall not apply with respect to flexible schedules that may be established without regard to the authority provided under this subchapter.
(Added Pub. L. 97221, § 2(a)(2), July 23, 1982, 96 Stat. 231.)
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# 5 U.S.C. § 6132 - Prohibition of coercion
## Text
(a) An employee may not directly or indirectly intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce, any other employee for the purpose of interfering with—
(1) such employees rights under sections 6122 through 6126 of this title to elect a time of arrival or departure, to work or not to work credit hours, or to request or not to request compensatory time off in lieu of payment for overtime hours; or
(2) such employees right under section 6127(b)(1) of this title to vote whether or not to be included within a compressed schedule program or such employees right to request an agency determination under section 6127(b)(2) of this title.
(b) For the purpose of subsection (a), the term “intimidate, threaten, or coerce” includes, but is not limited to, promising to confer or conferring any benefit (such as appointment, promotion, or compensation), or effecting or threatening to effect any reprisal (such as deprivation of appointment, promotion, or compensation).
(Added Pub. L. 97221, § 2(a)(2), July 23, 1982, 96 Stat. 232.)
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# 5 U.S.C. § 6133 - Regulations; technical assistance; program review
## Text
(a) The Office of Personnel Management shall prescribe regulations necessary for the administration of the programs established under this subchapter.
(b) (1) The Office shall provide educational material, and technical aids and assistance, for use by an agency in connection with establishing and maintaining programs under this subchapter.
(2) In order to provide the most effective materials, aids, and assistance under paragraph (1), the Office shall conduct periodic reviews of programs established by agencies under this subchapter particularly insofar as such programs may affect—
(A) the efficiency of Government operations;
(B) mass transit facilities and traffic;
(C) levels of energy consumption;
(D) service to the public;
(E) increased opportunities for full-time and part-time employment; and
(F) employees job satisfaction and nonworklife.
(c) (1) With respect to employees in the Library of Congress, the authority granted to the Office of Personnel Management under this subchapter shall be exercised by the Librarian of Congress.
(2) With respect to employees in the Government Publishing Office, the authority granted to the Office of Personnel Management under this subchapter shall be exercised by the Director of the Government Publishing Office.
(3) With respect to employees of the Architect of the Capitol and the Botanic Garden, the authority granted to the Office of Personnel Management under this subchapter shall be exercised by the Architect of the Capitol.
(Added Pub. L. 97221, § 2(a)(2), July 23, 1982, 96 Stat. 233; amended Pub. L. 101163, title III, § 312, Nov. 21, 1989, 103 Stat. 1065; Pub. L. 11168, div. A, title I, § 1302(2), Oct. 1, 2009, 123 Stat. 2034; Pub. L. 113235, div. H, title I, § 1301(b), (d), Dec. 16, 2014, 128 Stat. 2537.)
## Notes
Editorial Notes
Amendments2009—Subsec. (c)(3). Pub. L. 11168 added par. (3). 1989—Subsec. (c). Pub. L. 101163 designated existing provisions as par. (1) and added par. (2).
Statutory Notes and Related Subsidiaries
Change of Name “Government Publishing Office” substituted for “Government Printing Office” in subsec. (c)(2) on authority of section 1301(b) of Pub. L. 113235, set out as a note preceding section 301 of Title 44, Public Printing and Documents. “Director of the Government Publishing Office” substituted for “Public Printer” in subsec. (c)(2) on authority of section 1301(d) of Pub. L. 113235, set out as a note under section 301 of Title 44, Public Printing and Documents.