O.K., I've looked and I can't find the answer to the question. Are we compensated if we are required to travel on a Sunday and/or on a Saturday? I thought yes, but now I'm begining to wonder. I've looked at "the contract" (union) and can't find a reference.
Doc:
The reason that travel comp time is not mentioned in the AALJ contract is that it was created after the contract was negotiated. It was part of the Federal Workforce Flexibility Act of 2004, and is codified at 5 U.S.C. § 5550b:
5550b. Compensatory time off for travel
(a) Notwithstanding section 5542 (b)(2)
[which provides that travel outside of normal working hours is not compensable as overtime],each hour spent by an employee in travel status away from the official duty station of the employee, that is not otherwise compensable, shall be treated as an hour of work or employment for purposes of calculating compensatory time off.
(b) An employee who has any hours treated as hours of work or employment for purposes of calculating compensatory time under subsection (a), shall not be entitled to payment for any such hours that are unused as compensatory time.
Here is the Federal Register entry for the implementing regulations:
frwebgate1.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=440730219047+0+1+0&WAISaction=retrieveAnd here is an excerpt from the SSA letter to the AALJ summarizing the agency’s plans to implement the new rules:
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January 27, 2005
Dear Judge Bernoski:
This is notice of the Agency’s intent to begin implementation of the Office of Personnel Management (OPM) interim regulations (attached) published today in the Federal Register concerning a new form of compensatory time off for employees on official travel when such time is not otherwise compensable. I have also attached a copy of a draft Personnel Policy Manual (PPM) chapter that contains implementing instructions for the new regulations and a chart that will be part of the PPM chapter.
Briefly, the regulations provide that:
• Employees must be given travel compensatory time for official travel not otherwise compensable as hours of work;
• Normally, employees have 26 pay periods to use the time or it is forfeited (there is no conversion to pay;
• Generally, travel time from home to a transportation terminal within the official duty station, such as an airport or train station, is considered normal commute time and is not covered under the new regulations;
• If the employee travels by car from home directly to a temporary new duty station, normal commute time must be subtracted;
• “Usual waiting time,” such as arrival at an airport for a certain amount of time prior to a scheduled flight is covered under the new regulations, minus bona fide meal periods;
• Agencies must track and manage travel compensatory time off granted under these regulations separately from other forms of compensatory time.
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The terminology in this area can be confusing. Happy is correct in saying that ALJs are not eligible for ordinary comp time. Ordinary comp time can be converted to pay. However, ALJs are eligible for credit hours, which work similarly to comp time. Credit hours have several limitations of their own, including maximum limits on how much you can earn in a day, in a pay period, and how much you can carry over into the next pay period. You can read all about credit hours, as well as religious comp time, in the AALJ contract.
To summarize, ALJs are not eligible for overtime or compensatory time, because those are (or can become) cash equivalents. ALJs are eligible for credit hours, travel comp, and religious comp, which can only be used as time off.
I hope that this helps.
