6.610.1 IRS Hours of Duty

Manual Transmittal

December 17, 2024

Purpose

(1) This transmits revised IRM 6.610.1, IRS Hours of Duty.

Background

IRM 6.610.1 provides IRS policy, standards, requirements and guidance for the administration of hours of duty and work schedules.

Material Changes

(1) IRM 6.610.1.1, Program Scope and Objectives, updated organizational titles, added primary stakeholders and added a reference to Document 11678, National Agreement - Internal Revenue Service and National Treasury Employees Union, and Document 11678-B, Addendum to the 2022 National Agreement.

(2) IRM 6.610.1.1.1, Background, added a reminder that the guidance must be read and interpreted according to laws, regulations and other sources as applicable.

(3) IRM 6.610.1.1.2, Authority, added the Consolidated Appropriations Act (2023); Executive Order 14019; Compensation Policy Memorandums 2010-09, 2022-05, 2024-08 and 2024-18; and Delegation Order 1-23 as authorities related to this IRM. It also streamlined and included links to the listing of delegation orders.

(4) IRM 6.610.1.1.3, Roles and Responsibilities, updated organizational titles and better delineated some of the roles and responsibilities. It added a reminder for managers regarding records retention, and it added a reminder for employees that leave should be requested in advance whenever possible and that time and attendance corrections may result in a debt.

(5) IRM 6.610.1.1.5, Program Controls, updated the activities necessary to ensure awareness and understanding of the policies contained in this IRM.

(6) IRM 6.610.1.1.6, Terms, added definitions for administrative dismissal, administrative leave, administrative time, break, computer downtime, daylight saving time, Executive Misconduct Unit, leave year and lunch (or meal) period. It also made minor clarifications to other terms.

(7) IRM 6.610.1.1.7, Acronyms, is new and added a table of commonly used acronyms.

(8) IRM 6.610.1.1.8, Related Resources, removed the reference to the Human Capital Office website and added IRM 6.550.2, IRM 6.630.4, Document 11678, Document 11678-B, Office of Personnel Management (OPM) Fact Sheet: Maxiflex Work Schedules, and OPM Fact Sheet: Federal Holidays-Work Schedules and Pay, as related resources.

(9) IRM 6.610.1.2.1, Establishing and Recording the Tour of Duty, updated the requirements for documenting tours of duty.

(10) IRM 6.610.1.2.2, Daylight Saving Time, is new and added the description of daylight saving time and descriptions of “spring forward” and “fall back.”

(11) IRM 6.610.1.2.6(3), Lunch (or Meal Period) and Breaks, clarified that a lunch or meal period may not be scheduled or taken at the beginning or end of an employee’s workday.

(12) IRM 6.610.1.2.6.1, Breaks and Workforce Flexibilities Under the IRS Lactation Program, removed duplicative information contained in IRM 6.800.4, Lactation Program.

(13) IRM 6.610.1.2.7(3), Federal Holidays, clarified time and attendance posting options for employees on a maxiflex flexible work schedule (FWS).

(14) IRM 6.610.1.2.7.1, In Lieu of Holiday (ILOH), clarified the ILOH guidance for employees whose basic workweek or basic work requirement is other than Monday through Friday.

(15) IRM 6.610.1.2.7.3, Impact of Nonpay Status on Holiday, updated the guidance regarding when a full-time employee in a nonpay status is entitled to pay for the holiday.

(16) IRM 6.610.1.3, Administrative Leave and Administrative Dismissals, clarified the difference between administrative “leave” versus administrative “time” and added a reminder that intermittent employees are not eligible for administrative leave or weather and safety leave.

(17) IRM 6.610.1.3.2, Administrative Dismissals and Office Closures, added a reference to the IRS Dismissal and Closure Procedures.

(18) IRM 6.610.1.3.3, Administrative Leave, is new and added information regarding when IRS administrative leave policies will be updated for 5 USC 6329a, when current administrative leave policies may be supplemented (and by whom), and added reminders to employees and managers regarding administrative leave requests, approvals and record-keeping requirements.

(19) IRM 6.610.1.3.4, Voting Activities, is revised to expand the amount of administrative leave that may be granted for voting and/or volunteering to serve as a nonpartisan poll worker or observer.

(20) IRM 6.610.1.3.7, Examinations for Professional Certification, removed redundant information and added a reminder that administrative leave requests should include whether this is the first, second, third or fourth attempt to obtain certification.

(21) IRM 6.610.1.3.9, Meetings and Conferences, clarified the administrative leave policy surrounding meetings and conferences and added a reminder that requests should include relevant information.

(22) IRM 6.610.1.3.10, Relocation Activities, removed house-hunting from the activities for which administrative leave is granted, clarified that house-hunting is done on duty time, and added a reminder that requests should include relevant information.

(23) IRM 6.610.1.3.11, Volunteer Activities, clarified that nonpartisan poll worker/observer volunteer hours are not counted against the eight hours authorized for other eligible volunteer activities provided in this section. It also added a reminder that requests should include relevant information, including the name of the public service organization and type of volunteer activity.

(24) IRM 6.610.1.3.12, Career Learning Plan and Self-Directed Training Activities, clarified “out-Service” means non-IRS and added a reminder that the request should include relevant information.

(25) IRM 6.610.1.3.14, Return from Military Duty, was streamlined, refers the reader to OPM’s fact sheet, and added a reminder that requests should include relevant information, including documentation to support eligibility.

(26) IRM 6.610.1.3.15, Conduct-Related Actions, added the policy and approval authorities for conduct-related administrative leave.

(27) IRM 6.610.1.3.16, Computer Downtime, added the scenario of when an employee is unable to use their computer due to personal reasons.

(28) IRM 6.610.1.3.16.1, Employees Who Are Working in the Official Duty Station, added a reminder that employees remain available and in duty status while on system, computer and Information Technology help-desk downtime.

(29) IRM 6.610.1.3.16.2, Employees Who Are Teleworking, which is related to computer downtime, added examples to enhance understanding of the policy.

(30) IRM 6.610.1.3.17.2, Employees Who Are Teleworking, which is related to power outages, added numerous clarifications including that an employee who is directed to report to the official duty station but chooses not to report must request leave or other paid time off (e.g., previously earned credit hours and compensatory time).

(31) IRM 6.610.1.3.18, Administrative Leave or Administrative Time for Other Miscellaneous Activities restructured the subsections and added references for various work-life programs.

(32) IRM 6.610.1.3.18.3, Employee Assistance Program, clarified administrative leave is provided for counseling and administrative time is used for orientation and education activities.

(33) IRM 6.610.1.3.18.8, COVID-19 Vaccinations and Boosters, is new and authorizes limited administrative leave for the purpose of obtaining COVID-19 vaccinations and boosters.

(34) IRM 6.610.1.5.2.2.1.4, Credit Hours, clarified guidance for when a part-time employee is no longer subject to an FWS.

(35) IRM 6.610.1.5.4.1, Requests and Approvals of a New Alternative Work Schedule or Modified Alternative Work Schedule/Tour of Duty, updated the documentation requirements for changes to work schedules and/or TODs.

(36) IRM 6.610.1.5.4.1(4), Requests and Approvals of a New Alternative Work Schedule or Modified Alternative Work Schedule/Tour of Duty, clarified that managers should not approve changes from an FWS to a compressed work schedule solely for the purpose of receiving payment for credit hours.

(37) IRM 6.610.1.5.4.1.1, Modification and Termination of AWS, added a new paragraph to provide guidance on modifying or terminating an AWS due to adverse impact.

(38) IRM 6.610.1.5.4.1.2, Training and Details, clarified when an employee may request credit hours for training.

(39) IRM 6.610.1-1, Examples of ILOH for Five-Day Workweek, added a new exhibit to provide examples of the ILOH for employees on a five-day workweek.

(40) IRM 6.610.1-2, Examples of ILOH for Four-Day Workweek, added a new exhibit to provide examples of the ILOH for employees on a four-day workweek.

(41) The IRM made minor editorial updates throughout, including updates to website addresses, as necessary.

Effect on Other Documents

This IRM supersedes IRM 6.610.1 issued July 14, 2020. It renders obsolete interim guidance memorandums HCO-06-0322-0003, Interim Guidance for Granting Administrative Leave to Promote Access to Voting Activities, dated December 7, 2022; HCO-06-0223-0004, Interim Guidance on Conduct-Related Administrative Leave, dated April 24, 2023; and HCO-06-1024-0019, Interim Guidance (IG) on Administrative Leave for COVID-19 Vaccinations and Boosters, all of which have been incorporated into this IRM.

Audience

All business units

Effective Date

(12-17-2024)

Traci M. DiMartini
IRS Human Capital Officer

Program Scope and Objectives

  1. Purpose: This IRM provides policy guidance for hours of duty and work schedules at the IRS and may be supplemented by Human Capital Office (HCO) interim guidance memorandums.

  2. Audience: Unless otherwise indicated, the policies, authorities and instructions contained in this IRM apply to all IRS business units. Bargaining Unit (BU) employees should review negotiated agreement provisions relating to these subjects in Document 11678, National Agreement between the Internal Revenue Service and the National Treasury Employees Union, and Document 11678-B, 2025 Addendum to the 2022 National Agreement (hereafter referred to as “National Agreement”). Should any of these instructions conflict with a provision in the National Agreement, the agreement prevails for BU employees.

  3. Policy Owner: The IRS Human Capital Officer.

  4. Program Owner: The Human Capital Office (HCO).

  5. Primary Stakeholders: All organizations and business units who manage or issue instructions to employees pertaining to IRS hours of duty are stakeholders in these IRS policies.

Background

  1. This IRM provides policy and guidance on the weekly and daily scheduling of work, holidays, administrative leave and administrative dismissals, standard work schedules and alternative work schedules (AWS). Read and interpret this guidance in accordance with applicable laws, governmentwide regulations, the U.S. Department of the Treasury (hereafter referred to as “Treasury”), Human Capital Issuance System directives and orders, Comptroller General (CG) and U.S. Office of Personnel Management (OPM) decisions, and other sources as applicable.

Authority

  1. Laws: Title 5, United States Code (USC), Government Organization and Employees, at United States Code:

    1. 5 USC 301--Departmental regulations,

    2. 5 USC 2105--Employee,

    3. 5 USC 3402--Establishment of part-time career employment programs,

    4. 5 USC 5343--Prevailing rate determinations; wage schedules; night differentials,

    5. 5 USC 5541-5550a--Premium pay,

    6. 5 USC 6101--Basic 40-hour workweek; work schedules; regulations,

    7. 5 USC 6103--Holidays,

    8. 5 USC 6104--Holidays; daily, hourly, and piece-work basis employees,

    9. 5 USC 6120-6133--Flexible and compressed work schedules,

    10. 5 USC 6302--General provisions,

    11. 5 USC 6329a--Administrative leave,

    12. 5 USC Section 6329c--Weather and safety leave,

    13. 5 USC Section 6329d--Parental bereavement leave,

    14. 5 USC 7106--Management rights and

    15. Consolidated Appropriations Act, 2023 (Pub. L. 117-328)--Division KK, Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act, at H.R.2617 - Consolidated Appropriations Act, 2023.

  2. Regulations: Title 5, Code of Federal Regulations (CFR) at:

    1. 5 CFR Part 340--Other than Full-time Career Employment (Part-time, Seasonal, On-call, and Intermittent),

    2. 5 CFR Part 550--Pay Administration (General),

    3. 5 CFR Part 551--Pay Administration Under the Fair Labor Standards Act,

    4. 5 CFR Part 610--Hours of Duty and

    5. 5 CFR Part 630--Absence and Leave.

  3. Executive Orders (EO):

    1. EO 11582, Observance of Holidays by Government Agencies, at EO on Observance of Holidays by Government Agencies, and

    2. EO 14019, Promoting Access to Voting, at EO on Promoting Access to Voting.

  4. OPM Compensation Policy Memorandums (CPM):

    1. CPM-2024-18, Access to Voting, at Access to Voting,;

    2. CPM-2024-08, Leave Policies Related to COVID-19 Vaccinations and Boosters for Federal Employees, at Leave Policies related to COVID-19 Vaccinations and Boosters for Federal Employees,;

    3. CPM-2022-05, Executive Order on Promoting Access to Voting, at EO on Promoting Access to Voting,; and

    4. CPM-2010-19, Nursing Mothers in Federal Employment, at Nursing Mothers in Federal Employment.

  5. Treasury Order: 102-01, Delegation of Authority Concerning Personnel Management, at Treasury Order 102-01.

  6. Delegations of Authority:

    1. Delegation Order 1-23, Authorization to Perform Functions of the Commissioner at IRM 1.2.2.2.20,

    2. Delegation Order 6-7, Temporary Office Closures Due to Inclement Weather, Imminent Health and Safety Issues, or Other Emergency Situations, at IRM 1.2.2.7.6,

    3. Delegation Order 6-11, Hours of Work, at IRM 1.2.2.7.8,

    4. Delegation Order 6-12, Absence and Leave, at IRM 1.2.2.7.9 and

    5. Delegation Order 6-13, Authority to Certify Time and Attendance Records, at IRM 1.2.2.7.10.

  7. Treasury Human Capital Issuance System (HCIS):

    1. TN-18-001, Treasury Telework Program, at Treasury Telework Program, and

    2. TN-18-003, Enhancing Workplace Flexibilities and Work-Life Programs, at Enhancing Workplace Flexibilities and Work-Life Programs.

  8. Other:

    1. OPM’s Handbook on Alternative Work Schedules, at OPM’s Handbook on Alternative Work Schedules, and

    2. The CG Decisions, at Government Accountability Office:

      • B-52981, October 31,1945, 25 CG 366,

      • B-158012, November 29, 1965, 45 CG 291,

      • B-179626, February 12, 1974, 53 CG 582,

      • B-127474, March 2, 1977, 56 CG 393,

      • B-190011, December 30, 1977,

      • B-193821, June 18, 1979,

      • B-207996, September 28, 1982, 61 CG 652,

      • B-210741, April 24, 1984, 63 CG 306,

      • B-214156, May 29, 1984,

      • B-217779, July 16, 1985, 64 CG 679,

      • B-225137, March 10, 1987, 66 CG 331 and

      • B-159779, April 25, 1978, 57 CG 429.

Roles and Responsibilities

  1. The IRS Human Capital Officer is the executive responsible for this IRM and overall IRS policy for hours of duty.

  2. The HCO Director of Policy Office is responsible for developing, updating and publishing the content in this IRM.

  3. The HCO Director of Labor and Employee Relations and Negotiations (LERN) Division, Field Operations Office, provides guidance to managers in areas such as grievances, discipline, adverse actions and performance cases, and advises on contractual obligations with the National Treasury Employees Union (NTEU). LERN Field Operations specialists assist managers with the challenges of balancing the needs of employees with the accomplishment of mission-critical work. To request a specialist’s help, submit a request at IRS Service Central at IRWorks or call the LERN Support Gate at 1-866-743-5748, option 1, then option 6, Monday through Friday, 7 a.m. to 7 p.m. Central Time.

  4. The HCO Director of HR Shared Services (HRSS) Division provides systems, tools and related instructions to employees to properly record their tours of duty (TOD), work schedules, leave and holidays in the time and attendance (T&A) system and on official source documents from which employees are paid (i.e., T&A documents).

  5. The Director of Office of Continuity Operations is responsible for directing IRS activities in critical emergencies and ensuring business continuity plans are in place and followed during incidents. The senior continuity representatives (SCR) are responsible for issuing office operating status announcements and dismissing employees for short periods due to severe weather or other emergency conditions.

  6. A manager has the fundamental responsibility to ensure government resources are used efficiently and effectively, with minimum potential for waste, fraud and mismanagement. As such, a manager must administer hours of duty policies with integrity and in compliance with applicable laws, regulations and policies. A manager’s responsibilities include:

    1. Approving an employee’s work schedule to include standard work schedules and/or AWS, tour of duty (TOD), hours worked (including any overtime, compensatory time off or credit hours), approving brief absences from duty without loss of pay or charge to leave (i.e., administrative leave) and certifying official T&A records,

    2. Obtaining appropriate documentation from an employee and retaining records in accordance with IRM 1.15, Records and Information Management, and Document 12829, General Records Schedule,

    3. Reviewing for accuracy and validating the T&A system record for each employee in their organization code,

    4. Counseling an employee on regulations, policies and procedures related to hours of duty,

    5. Reporting any timekeeping problems to the HRSS Memphis Payroll Center via the Employee Resource Center (ERC) and working with them to resolve the problem,

    6. Referring questions on interpretation of hours of duty policies or regulations to their business unit point of contact and/or T&A system representative via the ERC, as appropriate, and

    7. Ensuring that personnel actions are reported and effected timely.

  7. An employee must observe designated duty hours and comply with hours of duty rules, regulations and established business procedures. An employee’s responsibilities include:

    1. Accurately entering their appropriate work schedule type (e.g., standard work schedule or AWS), TOD, and actual hours worked (including any overtime, compensatory time off, credit hours and hours worked at a telework site) into the T&A system,

    2. Requesting leave in advance, including administrative leave for approved activities, and providing appropriate documentation concerning absences,

    3. Reporting leave discrepancies to management, providing documentation to correct erroneous posting, and recognizing that necessary corrections may result in a debt and

    4. Contacting management for assistance with any problems relating to T&A system input or validation.

Program Management and Review

  1. This IRM provides policy guidance on hours of duty for the IRS. During review and publishing, sections are revised, added or removed based in part on statutory and/or regulatory changes and based on feedback from customers and program owners. The HCO plays an integral role in program management, review and effectiveness by:

    1. Providing policy expertise to HRSS to deliver biweekly paychecks through timely and accurately posting and processing of all T&A records,

    2. Providing hours of duty policy expertise to LERN so it can deliver related LR/ER support and guidance to IRS management, field and business-based LR/ER staff, and all employees,

    3. Assisting with administration of IRS work-life programs and services, including AWS, that help employees balance their job alongside life outside work and

    4. Consulting with SCR/CO, managers and employees affected by emergencies regarding hours of duty policies and workplace flexibilities.

Program Controls

  1. The HCO Policy Office collaborates with other HCO organizations and business unit stakeholders to increase awareness and understanding of IRS hours of duty policies.

  2. The following activities help ensure success:

    1. Conducting an annual review of this IRM for needed revisions/clarifications in accordance with IRM 1.11.2, Internal Management Documents System, Internal Revenue Manual (IRM) Process,

    2. Publishing educational articles such as Leaders’ Alerts and IRS Headlines,

    3. Maintaining and/or developing policy-related intranet content (e.g, IRS Source websites),

    4. Collaborating on interim guidance and standard operating procedures for policies related to this IRM,

    5. Assisting LERN with statutory, regulatory and policy guidance during term and mid-term negotiations and during grievance proceedings,

    6. Providing policy guidance with programming of T&A systems,

    7. Partnering with General Legal Services for legal opinions on complex policy issues as they arise and

    8. Reviewing, for adherence to policies, any articles, alerts, training modules, communications, etc., for business partners, as needed.

Terms

  1. Administrative dismissal - A release of an employee from work when (1) normal operations of an establishment are interrupted by events beyond the control of management or employees or (2) for managerial reasons, the closing of an establishment or portions thereof is required for short periods.

  2. Administrative leave - An administratively authorized absence from duty without a loss of or reduction in: (1) pay; (2) leave to which an employee is otherwise entitled under law; or (3) credit for time or service; and that is not authorized under any other provision of law. Administrative leave is synonymous with “excused absence,” and the terms are sometimes used interchangeably.

  3. Administrative time - Duty time that is approved for participation in an administrative-type activity that is not part of an employee’s regular job duties (e.g., surveys and attendance at town hall meetings). An employee is in duty status (at work) when on administrative time, and approval of administrative time is generally under the control of the respective business unit.

  4. Administrative workweek - Seven consecutive 24-hour periods, designated within the IRS as beginning at 12:01 a.m. Sunday and ending at 12:00 a.m. midnight Saturday.

  5. Alternative work schedules (AWS) - Work schedules established under 5 USC Chapter 61 that allow an employee to deviate from a standard work schedule. There are two categories of AWS: flexible work schedules (FWS) and compressed work schedules (CWS).

  6. Basic work requirement - The number of hours, excluding overtime hours, which an employee on an AWS is required to work or is required to account for by leave or charging leave, credit hours, holiday hours, compensatory time off or time off as an award. A full-time AWS employee has a biweekly basic work requirement of 80 hours, and a part-time AWS employee has a biweekly basic work requirement of 32-64 hours.

  7. Basic workweek - Days and hours within an administrative workweek that an employee is regularly scheduled to work. The standard basic workweek throughout the IRS consists of five consecutive eight-hour workdays, Monday through Friday, in each administrative workweek (5 CFR 610.111(a)(1)). Standard work schedules have a “basic workweek,” and AWS have a “basic work requirement.”

  8. Basic workday - Part of the basic workweek or basic work requirement and typically eight hours, but it may be longer or shorter for certain days under AWS or for part-time employees. Also referred to as a “workday” throughout this IRM.

  9. Break - A short rest period (not to exceed 15 minutes), with pay, taken during the basic workday during which an employee is permitted to interrupt work for the relief of fatigue.

  10. Compressed work schedules (CWS) - A category of AWS that consists of fixed work schedules where, for a full-time employee, the 80-hour biweekly basic work requirement is completed in fewer than 10 workdays (e.g., 5/4-9 and 4/10). In the case of a part-time employee, the biweekly basic work requirement is completed in fewer than 10 workdays and requires the employee to work more than eight hours on at least one day.

  11. Computer downtime - A period of time that an employee cannot perform their regular work due to IRS computer failure or other IRS computer-related issues, including patch failures, hard drive crashes, corrupt bootup, Information Technology (IT) help desk waits/assistance, onsite IT repairs, troubleshooting, booting/rebooting lag time, etc.

  12. Core hours - The time period during the workday, workweek or pay period (PP) that an employee on FWS is required to be present for work or to account for by charging paid time off (e.g., paid leave, previously earned credit hours or compensatory time off, or time off award hours), unpaid leave or holiday hours.

  13. Credit hours - Any hours within an FWS that an employee elects to work in excess of an employee's basic work requirement, with managerial approval, to vary the length of a workweek or another workday.

  14. Day shift - A shift with start and stop times between 6 a.m. and 6 p.m.

  15. Daylight Saving Time - Time as adjusted to achieve longer evening daylight in summer by setting the clocks an hour ahead of the standard time.

  16. Excused absence - An authorized absence from duty without loss of pay or charge to leave to which an employee is otherwise entitled under law. Excused absence is synonymous with “administrative leave,” and the terms are used interchangeably.

  17. Executive Misconduct Unit (EMU) - The organization responsible for processing conduct and performance-related matters involving high-level personnel (i.e., executives under the Senior Executive Service (SES), senior level (also known as senior advisors), and administratively determined pay systems, senior managers under the IRS Payband System (IR) at the IR-01 level; frontline managers at the IR-03 level; and nonbargaining unit (NBU) employees under the General Schedule (GS) at the GS-15 level.

  18. Flexible time band (flexible hours) - The range of time within which an employee on FWS must choose their start and stop times and may request to earn credit hours consistent with the duties and requirements of their position. For most day shift employees on FWS, the flexible time band is from 6 a.m. to 8:30 p.m. Refer to Article 23 and Exhibits 23-1 through 23-4 in the National Agreement for limited exceptions as well as flexible time bands for swing and night shift employees.

  19. Flexible work schedules (FWS) - A category of AWS that consists of workdays with core hours and flexible hours. Core hours are the designated period of the day when an employee must be at work. Flexible hours are the part of the workday when an employee may (within limits or “bands”) choose their time of arrival and departure.

  20. Full-time employee - An employee who is regularly scheduled to work 40 hours in a week on the days specified in the basic workweek or, employee on AWS , who is regularly scheduled to work 80 hours in a PP on the days specified within the PP.

  21. Intermittent employee - An employee who has no regularly assigned work schedule and no prescheduled TOD. Intermittent employment is appropriate only when the nature of the work is sporadic and unpredictable, such that a TOD cannot be regularly scheduled in advance.

  22. Irregular or occasional overtime work - Overtime work that is officially ordered or approved and is not part of an employee’s regularly scheduled administrative workweek.

  23. Leave year - The period that begins on the first day of the first pay period commencing on or after January 1 of the given leave year and ends on the day before the first day of the next leave year.

  24. Lunch (or meal) period - An approved period of time in a nonpay and nonwork status that interrupts a basic workday (or interrupts a period of overtime work) for the purpose of permitting an employee to eat or engage in permitted personal activities.

  25. Night shift - Generally, a shift with start and stop times between 6 p.m. and 6 a.m.

  26. Paid time off - A period of time that an employee is on an approved paid absence from work. It includes paid leave, previously earned credit hours or compensatory time off, and time off award hours.

  27. Part-time employee - An employee who is regularly scheduled to work from 16 to 32 hours a week (or from 32 to 64 hours per PP for an employee on AWS) per 5 USC 3401. A part-time seasonal employee is also included under 5 USC 3401 requirements. Note that there are limited exceptions to the general definition of part-time employment in 5 CFR 340.202 and 5 USC 3402(a)(3). For additional information regarding part-time employment, including job sharing, refer to IRM 6.340.1, Other Than Full-Time Career Employment (Part-Time, Seasonal, and Intermittent).

  28. Regular overtime work - Overtime work that is officially ordered or approved in writing and part of an employee’s regularly scheduled administrative workweek (i.e., scheduled and approved prior to the workweek).

  29. Regular work schedule - A type of standard work schedule (non-AWS) sometimes referred to as a straight-eight or 5/8 work schedule. An employee’s TOD each day is the same. It includes a basic workweek for a full-time employee of eight hours per day, and 40 hours per week, over five workdays, generally Monday through Friday, with two consecutive nonwork days.

  30. Regularly scheduled work - Work that is scheduled in advance of an administrative workweek.

  31. Seasonal employee - An employee who is employed for one or more seasons each calendar year (CY) and retained on the rolls in nonpay status (i.e., furlough) between seasons. A seasonal employee is released to nonpay status and recalled to duty in accordance with preestablished conditions of employment. A seasonal employee may be full-time, part-time or intermittent. For additional information regarding seasonal employment, refer to IRM 6.340.1, Other Than Full-Time Career Employment (Part-Time, Seasonal, and Intermittent).

  32. Staggered work schedule - A type of standard work schedule (non-AWS) that includes a basic workweek for a full-time employee of eight hours per day and 40 hours per week, over five workdays, generally Monday through Friday, with two consecutive nonwork days. It allows an employee to have different preset start times each day.

  33. Standard work schedule - A non-AWS that can be either a regular work schedule or a staggered work schedule. Standard work schedules require a full-time employee to work eight hours per day and 40 hours per week, over five workdays, generally Monday through Friday, with two consecutive nonwork days. An employee on a standard work schedule is not eligible to earn credit hours.

  34. Swing shift - A shift with a combination of day shift and night shift hours, with start and stop times as established by management.

  35. Tour of duty (TOD) - Identifies the hours during the day (a daily TOD) and the days of an administrative workweek (a weekly TOD) an employee is regularly scheduled to work (i.e., that constitute an employee's regularly scheduled administrative workweek).

Acronyms

  1. The table lists commonly used acronyms and their definitions:

    Acronym Definition
    AWOL Absent without leave
    EDI Equity, Diversity and Inclusion
    EMU Executive Misconduct Unit
    ERC Employee Resource Center
    ERG Employee resource group
    FLSA Fair Labor Standards Act
    FMLA Family and Medical Leave Act
    HCO Human Capital Office
    HCIS Human Capital Issuance System
    HRSS Human Resources Shared Services
    ILOH In lieu of holiday
    IT Information Technology
    LERN Labor/Employee Relations and Negotiations
    LR/ER Labor relations/employee relations
    LWOP Leave without pay
    NTEU National Treasury Employees Union
    NBU Nonbargaining unit
    ODS Official duty station
    OFP Organization Function Program
    POD Post of duty
    RDO Regular day off
    SHOT Self-help online tutorial

Related Resources

  1. The IRS Source, Timekeeping and Leave webpage, at Timekeeping and Leave.

  2. Integrated Talent Management (ITM) Courses, at ITM Homepage, including:

    1. Course 26768, Module 2 – Standard Work Schedules and Tours of Duty,

    2. Course 26930, Module 6 – Administrative Leave,

    3. Course 28524, Module 12 – Federal Holidays and

    4. Course 28525, Module 13 – Alternative Work Schedules (AWS) Program.

  3. SHOTs Video Library:

    1. Administrative Leave - Overview, at SHOTs Main Site - Admin Leave - Overview and

    2. Alternative Work Schedule (AWS) - Overview, at Alternative Work Schedule (AWS) - Overview.

  4. The AWS Guidance Document, at: Work Schedules.

  5. The OPM Work Schedules webpage, at OPM Work Schedules, which contains additional information regarding FWS and CWS, including specific guidance on credit hours and Sunday premium pay.

  6. OPM Fact Sheet: Maxiflex Work Schedules, at OPM Fact Sheet: Maxiflex Work Schedules.

  7. OPM Fact Sheet: Federal Holidays - Work Schedules and Pay, at OPM Fact Sheet: Federal Holidays.

  8. OPM Fact Sheet: 5 Days of Excused Absence for Employees Returning from Active Military Duty, at OPM Fact Sheet: 5 Days of Excused Absence for Employees Returning from Active Military Duty.

  9. The Organization Function Program (OFP) Leave Codes webpage at OFP Leave Codes webpage.

  10. IRM 6.630.2, Absence and Leave for Military-Related Reasons.

  11. IRM 6.630.4, Administrative Leave, Investigative Leave, Notice Leave, and Weather and Safety Leave.

  12. IRM 6.630.5, Leave Flexibilities for Birth, Adoption, Foster Care, or Child Bereavement.

  13. IRM 6.550.2, Premium Pay Under Title 5 and the Fair Labor Standards Act (FLSA) and Compensatory Time Off for Travel.

  14. IRM 6.800.4, Lactation Program.

  15. Document 11678, National Agreement - Internal Revenue Service and National Treasury Employees Union.

  16. Document 11678-B, 2025 Addendum to the 2022 National Agreement.

Weekly and Daily Scheduling of Work

  1. This section provides policy and guidance on weekly and daily scheduling of work.

  2. This section applies to IRS employees subject to premium pay under 5 USC, Chapter 55, Subchapter V, and 5 CFR Part 550, Subpart A, and to each prevailing rate employee whose pay is fixed and adjusted under 5 USC 5343.

Establishing and Recording the Tour of Duty

  1. An employee's TOD must be scheduled so that it corresponds with the employee’s actual work requirements (per 5 CFR 610.121(b)(1)).

  2. An employee’s TOD must be documented on the official T&A system record (or other official record-keeping document) and made a matter of record. If the TOD establishes entitlement to night pay and/or Sunday premium pay, the T&A system record must be notated accordingly (per 5 CFR 610.121(b)(2)).

  3. Regular overtime: If applicable, the TOD must specify, by calendar day and number of hours each day, overtime that is a part of an employee’s regularly scheduled administrative workweek (i.e., scheduled in advance). (Refer to 5 CFR 610.111(a)(2).) Regularly scheduled overtime is planned and recorded in increments of 15 minutes. Compensation for regular overtime is referenced in IRM 6.550.2, Premium Pay Under Title 5 and the Fair Labor Standards Act (FLSA) and Compensatory Time Off for Travel; the 5 CFR 550, Subpart A, for FLSA exempt (not covered) employees; and the 5 CFR 551, Subpart E, for FLSA nonexempt (covered) employees.

  4. Irregular, or occasional, overtime: At various times, a manager may identify the need to perform overtime work that cannot be approved in advance of the administrative workweek due to operational emergencies or for other compelling reasons. This is defined as irregular, or occasional, overtime work, and it is not reflected in the employee’s established TOD. (Refer to 5 CFR 550.103.) Compensation for irregular, or occasional, overtime is referenced in IRM 6.550.2 and the 5 CFR 550, Subpart A, for FLSA exempt (not covered) employees.

  5. Part-time employees: The TOD of a part-time employee must be annotated on the Standard Form 50 (SF-50), Notification of Personnel Action.

Daylight Saving Time

  1. Daylight saving time is observed in those geographic areas where it is in effect. An employee working a TOD affected by the loss or addition of the extra hour needs to complete their workday as follows:

    1. Spring forward: An employee must post one hour of annual leave, leave without pay (LWOP), previously earned credit hours or compensatory time off, or time off award, whichever is applicable, if they work one hour less than their normal TOD (e.g., seven hours) on Sunday due to the start of daylight saving time. Granting of excused absence (administrative leave) is not a proper alternative (57 CG 429).

    2. Fall back: An employee must post overtime or compensatory time worked in lieu of overtime payment, as appropriate, if they work one hour more than their normal TOD (e.g., nine hours) due to the end of daylight saving time.

Changes to Employment

  1. Changes in type of employment (e.g., from part-time to full-time or full-time to part-time) are based on management consideration of factors such as the type of work performed, the number of employees necessary to have on duty, when work assignments will occur, as well as budgetary and employment ceiling considerations.

  2. Per IRM 6.340.1, Other Than Full-Time Career Employment (Part-time, Seasonal, and Intermittent), for a part-time employee, a change in the number of part-time work hours that is effective for more than two consecutive PPs must be documented on SF-50, Notification of Personnel Action.

  3. For additional information, including changing from one type of employment to another, possible adverse action or reduction-in-force procedures, etc., consult with the servicing employment office or refer to IRM 6.340.1. For BU employees, consult Article 22 of the National Agreement.

Variations to Tours of Duty

  1. Variations to an employee’s TOD may be required or permitted due to operating conditions, religious conviction or for educational purposes, as described below.

Operating Conditions
  1. To fulfill the mission of the organization or to increase cost efficiency, an employee’s TOD may vary to include Saturday, Sunday or other changes to the standard basic workweek. If feasible, such TODs should provide for the same hours of work each day and for two consecutive days off in each administrative workweek.

Religious Conviction
  1. An employee may request a variance to their TOD due to religious observances or requirements (e.g., an employee may have a religious requirement that prohibits work on Saturday or Sunday). This deviation is based upon an ongoing requirement and not a specific religious observance. For information regarding compensatory time off for specific religious observances, refer to IRM 6.550.1, Pay Administration (General).

Educational Purposes
  1. A special TOD may be approved to allow an employee to take one or more courses at a college, university or other educational institution (in accordance with 5 CFR 610.122). All the following conditions must apply:

    • The course work, when completed, will equip the employee to perform more effective work in the IRS,

    • The course is not training under 5 USC Chapter 41,

    • The rearrangement of the employee’s TOD will not noticeably interfere with the accomplishment of work required to be performed or the work accomplishment of other employees and

    • No additional costs for personal services will be incurred (i.e., result in additional costs to the IRS).

  2. An employee on a special TOD established for educational purposes under the authority of 5 USC 6101(a)(4) is not subject to the requirements of a schedule established under other authority. Therefore, the core hour and flexible time band requirements of an FWS authorized under 5 USC 6122 do not apply. However, an employee on an FWS (flexitour with credit hours, gliding or maxiflex), who is also on a work schedule established for an educational tour, may earn and use credit hours.

  3. An employee on a special TOD approved for educational purposes may not receive premium pay solely because the special TOD causes the employee to work on a day or at a time for which premium pay would otherwise be payable. This includes overtime, night pay differential and/or Sunday premium pay.

  4. The authority to approve special TODs for educational purposes is delegated to all managers for employees under their supervision, in accordance with Delegation Order 6-11, Hours of Work, at IRM 1.2.2.7.8.

Travel During Duty Hours

  1. As provided by 5 CFR 610.123, Travel on official time, to the extent practicable, an employee will not be required to travel during nonduty hours. When such travel is essential and the employee may not be paid overtime under 5 CFR 550.112(e), (g), and (j) (FLSA exempt) or under 5 CFR 551.422 (FLSA nonexempt), the official ordering the travel must record the reasons for ordering the travel during nonduty hours and must, when requested, provide a copy of the statement to the employee concerned.

  2. An employee who is not eligible for overtime may be granted compensatory time off for travel that is directed by their manager. For information regarding the requirements and policy, as well as other official travel time issues, refer to the IRS policy for premium pay in IRM 6.550.2, Premium Pay Under Title 5 and the Fair Labor Standards Act (FLSA) and Compensatory Time Off for Travel, and the 5 CFR 550, Subpart N.

  3. When an employee travels on a regular workday, and the travel requires fewer hours than are in the employee's TOD hours for the day, the employee must fulfill the remainder of their basic workweek or basic work requirement for that day by completing assigned work and/or charging paid time off or unpaid leave.

Lunch (or Meal Period) and Breaks

  1. The lunch or meal period is an approved period of time (normally 30, 45 or 60 minutes) in a nonpay and nonwork status that interrupts the basic workday (or interrupts a period of overtime work) and enables an employee to eat or engage in permitted personal activities. An example for exceeding a 60-minute unpaid lunch or meal period might be for an employee who is requesting a variation to their TOD for educational purposes (see IRM 6.610.1.2.4.3). Lunch or meal period schedules may vary by office based upon work requirements and the availability and convenience of eating establishments. A lunch or meal period is typically scheduled approximately midway through an employee’s workday and may not be scheduled or taken at the beginning or end of an employee’s workday.

    1. An employee whose daily TOD is for more than six hours is required to include a minimum 30-minute lunch or meal period in their daily TOD.

    2. An employee who works a six-hour daily TOD (or less) is not required to include an unpaid lunch or meal period in their daily TOD. However, the employee may choose to take an unpaid lunch or meal period, and their TOD will be permanently extended by the length of the lunch or meal period (e.g., if an employee with a six-hour TOD takes an unpaid 30-minute lunch or meal period, their TOD will be extended to six and a half hours).

    3. An employee may not work through their lunch or meal period and leave work early or arrive to work late to shorten their TOD because lunch or meal periods are not hours of work.

  2. A break is a short rest period (not to exceed 15 minutes) with pay taken during the basic workday when an employee is permitted to interrupt work for the relief of fatigue. For BU employees, breaks are subject to provisions stated in Article 28 of the National Agreement.

    1. An employee who works less than an eight-hour daily TOD receives one 15-minute paid break. This is in addition to the required unpaid lunch or meal period for those whose daily TOD is more than six hours.

    2. An employee who works an eight-hour (or more) daily TOD receives two 15-minute paid breaks during the workday in addition to their required unpaid lunch or meal period.

    3. Authorized breaks may be taken in five-minute increments by an employee who performs repetitive movements and must not exceed the total time provided for each break.

  3. Breaks, and lunch or meal periods, may not be aggregated or used to shorten or otherwise change an employee’s TOD. As such, breaks and/or lunch or meal periods may not be authorized at the beginning or end of an employee’s TOD.

  4. Combining a lunch or meal period with authorized paid breaks is prohibited. An employee may not extend a lunch or meal period by taking a break prior to or immediately following the lunch or meal period because the break is considered part of their compensable workday (CG B-190011).

Breaks and Workforce Flexibilities Under the IRS Lactation Program
  1. An IRS Lactation Program participant is provided a reasonable amount of break time to express milk as frequently as needed. The frequency and duration of lactation breaks may vary among participants. The IRS has determined that a Lactation Program participant’s request for a reasonable amount of break time cannot be denied.

  2. Refer to IRM 6.800.4, Lactation Program, for eligibility requirements, registration information and workforce flexibilities under the IRS Lactation Program. Refer to IRM 6.630.5, Leave Flexibilities for Birth, Adoption, Foster Care, or Child Bereavement, for information on additional flexibilities for family purposes.

Federal Holidays

  1. The President and Congress are the sole authorities able to grant a federal holiday or to grant time off that has the effect of a holiday. Per 5 USC 6104, an employee is entitled to a day of pay when prevented from working solely because of the occurrence of a legal public holiday.

  2. For an employee of the IRS, holidays will be identified and determined as provided by 5 USC 6103 and 6104, Executive Order 11582, and 5 CFR Part 610, Subpart B. The following link provides a listing by year of designated federal holidays: OPM List of Federal Holidays. State and local holidays (e.g., Emancipation Day (April 16) in Washington, DC) are not holidays within the meaning of 5 USC 6103.

  3. A full-time employee who is not required to work on a holiday receives their rate of basic pay for the applicable number of holiday hours, as follows:

    1. An employee on a standard (non-AWS) work schedule and an employee on an FWS is paid for eight hours, which are considered part of the basic workweek or basic work requirement.

    2. An employee on maxiflex is paid for eight hours regardless of the number of hours scheduled to work on that day (5 USC 6124). For example, a maxiflex employee who is regularly scheduled to work 10 hours on the day of the holiday will post eight hours to the holiday. The remaining two hours of the TOD on that day may either be worked that day and coded in the T&A system as regular work hours, scheduled to be worked on a different day within the same PP, or the employee may request to use annual leave, previously earned credit hours/compensatory time off, time off award hours, etc., to fulfill the remaining two hours of their TOD. A maxiflex employee scheduled to work less than eight hours on the day of the holiday must be paid for eight hours and will post eight hours to the holiday. Therefore, the employee must reduce the number of hours they work on another scheduled workday within the same PP so that their total hours equal the basic work requirement of 80 hours for the PP.

    3. An employee on CWS (5/4-9 and 4/10) is entitled to pay for the number of hours of their CWS on that day (5 CFR 610.406(a)). For example, if a holiday falls on a regular nine-hour or 10-hour workday, the employee receives nine or 10 hours of pay respectively, for the holiday.

  4. A part-time employee is entitled to pay for a holiday only when the holiday falls on a day they would otherwise be required to work. A part-time employee who is excused from work on a holiday will receive pay for the hours they are regularly scheduled to work on that day. For example, a part-time employee who is regularly scheduled to work from 8 a.m. to 12 p.m. on Mondays, will receive four hours of basic pay if Monday is a federal holiday.

  5. An intermittent employee does not have a regularly scheduled TOD and is not entitled to pay for the holiday.

  6. Holidays do not affect the setting of the basic workweek or the basic work requirement. A manager must not reschedule an employee either to deny or confer holiday benefits or to shift work from a holiday to a day outside the basic workweek or basic work requirement (one of the employee’s usual days off).

  7. When the holiday is observed at the beginning of a workday that encompasses two calendar days, the holiday is observed for the entire TOD. For example, for a night shift that begins at 8 p.m. and ends at 4:30 a.m. the following day, the entire shift (workday) is considered the holiday, and the holiday is posted into the T&A system on the workday in which it commences.

  8. Under 5 USC 6103(c), Inauguration Day is a legal public holiday only for an employee who is working in the Inauguration Day area on that day, including Washington, DC; Montgomery or Prince George’s counties in Maryland; Arlington or Fairfax counties in Virginia; and the cities of Alexandria or Falls Church in Virginia. The city of Fairfax is considered part of Fairfax County for this purpose (CG B-217779). When Inauguration Day falls on another legal public holiday (such as the birthday of Martin Luther King Jr.), the holidays are observed concurrently. The Inauguration Day holiday is administered differently than other federal holidays. Employees who are not regularly scheduled to work on Inauguration Day are not entitled to an ILOH. The Inauguration Day holiday is limited to employees with a qualifying work connection to the designated geographic area as follows:

    1. An employee with a post of duty (POD) (also known as official duty station (ODS)) in the Inauguration Day area, unless they are scheduled to work outside the Inauguration Day area due to official duty away from the POD (e.g., a one-day assignment, official travel or telework) or

    2. An employee with a POD outside the Inauguration Day area scheduled to work in the Inauguration Day area due to official duty away from the POD (e.g., a one-day assignment, official travel or telework).

  9. For guidance regarding pay for work performed on a holiday, refer to IRM 6.550.2, Premium Pay Under Title 5 and the Fair Labor Standards Act (FLSA) and Compensatory Time Off for Travel, and 5 CFR 550, Subpart A.

In Lieu of Holiday (ILOH)
  1. When a holiday falls on a regular nonwork day, 5 USC 6103 and Executive Order 11582 authorize an ILOH for full-time employees. Offices are closed to public business on the designated ILOH. (Refer to OPM’s holiday schedule at OPM Federal Holidays.) When offices are closed due to an ILOH, part-time employees scheduled to work that day are not entitled to an ILOH; however, they are excused from work without charge to leave or loss of pay (i.e., granted administrative leave) (CG B-214156 and B-210741). For example, when the holiday falls on a Saturday and the OPM-designated ILOH is Friday, a part-time employee who is regularly scheduled to work from 8 a.m. to 12 p.m. on Friday will be excused (granted administrative leave) for four hours on the ILOH.

  2. For a full-time employee whose basic workweek is Monday through Friday, the following rules apply:

    1. If a holiday falls on a Saturday, the Friday immediately before the holiday is the designated ILOH for federal employees.

    2. If a holiday falls on a Sunday, the Monday following the holiday is the designated ILOH for federal employees.

  3. For a full-time employee whose basic workweek or basic work requirement is other than Monday through Friday (i.e., an irregular work schedule), and the holiday (or designated ILOH) falls on a regular nonwork day, the following rules apply:

    1. If the holiday falls on the employee’s administratively scheduled "Saturday," then the holiday is observed on the workday immediately prior to the holiday (e.g., Monday is the administratively scheduled "Saturday" for an employee on a Wednesday to Sunday TOD. If a holiday falls on Monday, the employee’s ILOH would be Sunday).

    2. If the holiday falls on the employee’s administratively scheduled "Sunday," then the holiday is observed on the workday immediately following the holiday (e.g., Tuesday is the administratively scheduled "Sunday" for an employee on a Wednesday to Sunday TOD. If a holiday falls on Tuesday, the employee’s ILOH would be Wednesday).

  4. The regular day off (RDO) for an employee on a CWS or maxiflex FWS does not move; however, the holiday does. Therefore, if the holiday falls on a full-time employee’s RDO, the employee would be entitled to an ILOH. The ILOH would be determined in accordance with IRM 6.610.1.2.7.2 below.

  5. When the initial ILOH is preempted by an office closure (due to severe weather or other emergency), an alternate ILOH will not be observed.

  6. For additional information regarding ILOH, refer to OPM guidance at OPM Fact Sheet: Federal Holidays - “In Lieu Of” Determination.

Examples of In Lieu of Holiday for Various Work Schedules
  1. Examples of an ILOH for various work schedules are shown as follows:

    Work schedule Holiday falls on: Holiday is:
    Full-time consisting of five workdays, Monday through Friday, eight hours each day in each administrative workweek a workday that workday
    Saturday the Friday immediately before
    Sunday the following Monday
    Full-time consisting of five workdays other than Monday through Friday Sunday nonwork day or an in-lieu of Sunday* the next scheduled workday
    a nonwork day other than a Sunday or other than an in-lieu of Sunday* the immediately preceding scheduled workday
    5/4-9, 4/10, or maxiflex a day scheduled as the employee’s workday that workday
    Sunday nonwork day the next scheduled workday**
    a nonwork day other than Sunday (e.g., RDO) the immediately preceding scheduled workday**

    *An in-lieu of Sunday is the second nonwork day of a two-day nonwork period for a work schedule consisting of five workdays other than Monday through Friday. It is also known as the administratively scheduled “Sunday.”

    **For an employee on a 5/4-9, 4/10 or maxiflex work schedule, the RDO does not change, but the holiday will move.

  2. Refer to Exhibit 6.610.1-1 for examples of ILOH determinations for employees on a five-day workweek and Exhibit 6.610.1-2 for examples of ILOH determinations for employees on a four-day workweek.

Impact of Nonpay Status on Holiday
  1. An employee is entitled to a day of pay when prevented from working solely because of the occurrence of a legal public holiday.

  2. An employee must be in a pay status or a paid time off status for at least one hour on their scheduled workday either immediately before or immediately after the holiday in order to be entitled to their regular pay for that holiday. The fact that an employee is in pay status at least one of the days surrounding the holiday establishes a basis to presume that the employee would have reported for duty but for the holiday (CG B-158012 and CG B-127474).

    1. A full-time employee in a nonpay status (e.g., LWOP, furlough, suspension or AWOL) immediately preceding (at the end of the workday before) and immediately following a holiday (at the beginning of the workday after) is generally not entitled to receive pay for the holiday. However, there may be rare exceptions when it can be determined there was work available to be performed by the employee on the holiday.
      Example: An employee was on LWOP the Friday before a Monday holiday. On Tuesday, the employee was scheduled to report at 8 a.m., the beginning of the TOD, but the employee’s car unexpectedly broke down. The employee did not have any available paid leave and requested LWOP from 8-10 a.m. They reported for duty at 10 a.m. In this example, it can be presumed the employee would have reported for duty, but for the holiday, and though the employee was in nonpay status immediately before and immediately after the holiday (CG B-225137), the employee may receive pay for the holiday.

    2. An individual who enters on duty and takes the oath of office the day following a holiday (with an appointment effective date after the holiday) is not entitled to pay for the holiday as the individual was not an IRS employee (on the rolls) on the holiday.

    3. An individual who enters on duty and takes the oath of office the day following a holiday (with an appointment effective date on the holiday or on the day prior to the holiday) is entitled to pay for the holiday. The individual was an IRS employee (on the rolls) on the holiday and, but for the occurrence of a legal public holiday, would have worked on that day.

    4. An employee who separates (e.g., retires) the day prior to a holiday (with a separation date before the holiday) is not entitled to pay for the holiday as the individual was not an IRS employee (on the rolls) on the holiday.

  3. An employee in a continuous period of nonpay status may not be placed in a pay status solely to receive pay for the holiday. In the event the Commissioner of Internal Revenue grants administrative leave (excused absence) to accommodate holiday activities or for any other purpose, this administrative leave may not be used to place an employee who is in a continuous period of nonpay status (e.g., LWOP, furlough, suspension or AWOL) in a pay status solely to enable them to receive pay for the holiday. Intermittent employees may not receive administrative leave for holiday activities regardless of their pay status at the time this administrative leave is granted.

  4. A seasonal employee may be paid for a holiday if:

    1. The employee is on the rolls both the day before and the day after the holiday,

    2. The employee is in a pay status before or after the holiday and

    3. It is presumed the employee was prevented from working solely because of the holiday. In other words, there was work to be performed, but it was not performed because of the holiday (CG B-193821). Note: It cannot be automatically presumed that a seasonal employee would have worked but for the holiday if there was no work to be performed on the holiday. Management must consider seasonal work agreements and workload decisions before making a final decision on whether to pay a seasonal employee for a holiday.

    1. If a seasonal employee is released from duty (but is still on the rolls) the last workday before a holiday due to a lack of work, the employee is not entitled to pay for the holiday. It cannot be presumed that the employee would be prevented from working solely because of the holiday. A seasonal employee released from duty (but still on the rolls) the last workday before a holiday due to a lack of work may not use annual leave to stay in pay status through the holiday solely to get paid for the holiday (CG B-193821).

Administrative Leave and Administrative Dismissals

  1. Per the authorities below, an agency head or designated official may authorize absence from duty without loss of pay or charge to leave to which an employee is otherwise entitled under law. This administrative leave is distinguished from administrative time in that administrative leave is an actual absence from duty (typically away from the office and/or not under the control of the agency) whereas administrative time is duty time generally used to perform administrative-type duties that are not part of an employee’s regular work. An employee charges administrative leave to the appropriate T&A system organizational function program (OFP) code. Information regarding OFP codes for administrative leave may be found on the T&A system leave code webpage at OFP Leave and Computer Down Time Codes.

  2. Under 5 USC 301-302; 5 USC 6104; 5 CFR Part 610, Subpart C; Treasury Order 102-01; CG B-179626; and CG B-207996, an authorized official may administratively dismiss or excuse the absence of employees without loss of pay or charge to leave for short periods of time when any of the following occur:

    1. Normal operations are interrupted by events beyond the control of management or employees (e.g., office flood or power outage),

    2. The closing of an entire work unit or a portion thereof for short periods of time is required or in the best interest of the IRS (e.g., severe weather) or

    3. It is in the public interest to relieve employees from work to participate in civil activities that the government is interested in encouraging (e.g., voting and blood donations).

  3. Refer to IRM 6.630.4, Administrative Leave, Investigative Leave, Notice Leave, and Weather and Safety Leave, for additional information related to administrative dismissals caused by weather or other safety-related conditions.

  4. Pursuant to management’s rights under 5 USC 7106(a), nothing contained in this section will restrict management's ability to require the presence of an employee should management determine the employee's services are necessary.

  5. Intermittent employees are not eligible for administrative leave or weather and safety leave.

Approval Authorities

  1. Delegation Order 6-7, Temporary Office Closures Due to Inclement Weather, Imminent Health and Safety Issues, or Other Emergency Situations, at IRM 1.2.2.7.6, establishes that SCR/Commissioner Representatives and executives serving as SCRs have the delegated authority to close offices and dismiss employees for short periods due to severe weather or other emergency conditions.

  2. Delegation Order 6-12, Absence and Leave, at IRM 1.2.2.7.9, establishes the delegated authority to approve brief absences from duty without loss of pay or charge to leave (i.e., to approve administrative leave).

Administrative Dismissals and Office Closures

  1. Due to emergency conditions such as severe weather, power outages or other health and safety issues, an SCR (or other authorized official) may declare an office open with a delayed arrival time, open with the option for unscheduled telework or unscheduled leave, open with an early departure, or closed for an entire day. Dismissal and closure policies (including for weather and safety leave) are found in IRM 6.630.4.5, Weather and Safety Leave. In addition, refer to the IRS Dismissal and Closure Procedures, which consolidates the IRM and National Agreement provisions and provide comprehensive information for these situations (including telework requirements).

Administrative Leave

  1. Per 5 USC 6329a, administrative leave is permitted, at an agency’s discretion but subject to statutory and regulatory requirements, when an agency determines that no other paid leave is authorized under any other law. Because regulations to implement 5 USC 6329a are not yet published, IRS policies for administrative leave continue to align with 5 CFR 610, subpart C, and remain in this IRM 6.610.1. Upon issuance of OPM final regulations to implement 5 USC 6329a, IRS policies for administrative leave will be updated to align with those regulations, including the establishment of the 80-hour per CY limit (per employee) prescribed in 5 USC 6329a. IRS policies on administrative leave will also be migrated from IRM 6.610.1 to IRM 6.630.4 Administrative Leave, Investigative Leave, Notice Leave, and Weather and Safety. Note: Policy changes will not apply to BU employees until bargaining obligations, if required by law, are met.

  2. Administrative leave may be granted as outlined in the IRS policies below. There is no authority for a manager to grant administrative leave beyond what is provided for in IRS policy.

  3. These policies may be supplemented by issuance of an administrative order from Treasury, the Commissioner of Internal Revenue, or their designee. Refer to 5 CFR 610.305, Treasury Order 102-01 and IRM 1.2.2.2.20 for more information.

  4. An employee who is requesting administrative leave for a period they would be required to work is expected to make the request in advance and must provide appropriate documentation to their manager supporting the absence. Administrative leave must be properly recorded in the T&A system.

  5. The manager is expected to review a request for administrative leave for adherence to IRS policies and must retain records in accordance with IRM 1.15, Records and Information Management, and Document 12829, General Records Schedule. The manager must ensure proper recording of administrative leave when approving an employee’s T&A record.

Voting

  1. The federal government encourages and facilitates civic participation by reducing barriers for federal employees interested in participating in the democratic process.

  2. Subject to the additional considerations outlined in IRM 6.610.1.3.4(3), a manager should grant administrative leave to an employee for the purpose of in-person voting (including early voting) or for volunteering to serve as a nonpartisan poll worker or nonpartisan observer, as follows:

    Type of Voting Activity Administrative Leave Hourly Limitations Time and Attendance Code
    • Federal general election day; federal, state, local (i.e., county and municipal),

    • tribal and territorial election events (including primaries and caucuses) that do not coincide with a federal general election day; and

    • federal special congressional elections not held on the date of a federal general election.

    Up to four hours each election (includes travel time to and from the polling location) OFP Code 990-59567
    To volunteer as a nonpartisan poll worker or nonpartisan observer at the federal, state, local (that is, county and municipal), tribal and territorial levels. Employees are not required to return compensation or fees received for performing these services to the IRS. Up to four hours per leave year (includes training periods and is in addition to any administrative leave an employee uses to vote) OFP Code 990-59552

  3. Administrative leave granted for voting-related activities is subject to the following additional considerations:

    1. Scheduling of administrative leave is subject to a determination by the employee’s manager that the employee can be relieved of duty during the specific period of time requested by the employee without significantly impairing mission-essential operations. A manager should strive to accommodate employee leave requests by making operational adjustments when they can. A manager should explain the reason for any denial and should discuss other options that might be available.

    2. If the employee needs to spend less than four hours to vote, only the needed amount of administrative leave should be granted.

    3. Administrative leave may not be used during a nonwork day or during overtime work hours outside of the TOD established for leave-charging purposes.

    4. The up-to-four hours of administrative leave per election event may include travel time to and from the employee’s voting poll location.

    5. An employee may use administrative leave for voting in connection with each covered election event in which the employee participates by in-person voting. However, an employee is limited to four hours of administrative leave for voting per election event.

  4. An employee’s request for administrative leave should contain the following information:

    1. For in-person voting and early voting: The date, number of hours and timeframe for the absence (not to exceed four hours each election).

    2. For nonpartisan poll worker/observer activities: The date, number of hours and timeframe for the absence. In addition, confirmation that the activity is nonpartisan and that the four-hour-per-leave-year limitation is not exceeded. Note: The Office of Special Counsel has issued guidance addressing when poll work or observation is partisan versus nonpartisan. IRS Chief Counsel, General Legal Services, can assist in determining whether a particular activity is partisan or nonpartisan and can be contacted at GLS.Ethics@irscounsel.treas.gov.

  5. The up-to-four hours of administrative leave per CY permitted for volunteering as a nonpartisan poll worker/observer is in addition to the eight hours per CY an employee may be granted for other volunteer activities under IRM 6.610.1.3.11.

Blood Donations

  1. An employee who volunteers to donate blood and/or blood derivatives (e.g., platelets) without compensation to the American Red Cross or to other blood banks, or who responds to calls for blood donation, may be granted administrative leave for reasonable travel time to and from the donation site, for the time it takes to give blood, and for up to four hours for recuperation. Administrative leave is only granted for time that coincides with the employee's normal TOD. Additional considerations are as follows:

    1. Administrative leave for recuperation must generally be taken immediately following the blood donation. However, with supervisory approval, the recuperative time may be taken later in the day that the blood is donated rather than immediately after the donation, if necessary. An employee may not use this administrative leave in advance of their blood donation as its intent is for recuperation.

    2. At the end of any recuperative period, an employee is expected to return to work. If unable to return to work due to circumstances related to donating blood, the manager may grant additional administrative leave for recuperation not to exceed the remaining scheduled hours of duty on the day of the blood donation. In granting such additional administrative leave, the manager must consider each request on a case-by-case basis. If the employee remains at the blood donation site to recuperate or is at an IRS facility, a medical authority may be available to assist the manager in deciding. If a medical authority is not available, the manager must decide whether to grant any additional administrative leave based upon the information provided by the employee.

    3. When bloodmobiles are available locally, an employee should be encouraged to make their donations at the office instead of a blood donor center.

    4. An employee who is not accepted for donating blood is only provided administrative leave for the travel time to and from the donation site and the time needed to make the determination.

  2. According to the American Red Cross, whole blood may be donated once every 56 days and aphaeresis donations may be made more frequently. Granting administrative leave for such donations is discretionary, subject to workload considerations.

  3. Administrative leave approved for blood donation is posted to T&A system OFP code 990-59568, Administrative Leave - Blood Donation.

Tests, Assessments, Interviews and Medical Examinations

  1. An employee in a work status will be granted administrative leave when they are required to take a test, assessment, interview or other evaluative process because of applying for a position under an internal or external IRS vacancy announcement (to include travel time). Scheduling of the time must be approved by the manager and is subject to workload considerations.

  2. A part-time employee not scheduled to work at the time of an examination, a seasonal employee in nonwork status, or an intermittent employee is not authorized administrative leave.

  3. An employee who is applying for a position outside of the IRS is not eligible for administrative leave. However, upon request, the employee may be approved to use annual leave, LWOP or other paid time off.

  4. An employee required by the IRS to undergo a medical examination or testing remains in a duty status (is not on administrative leave) during the time needed for such purpose.

  5. An employee in nonwork status will not be placed in work status to take or undergo tests, assessments, interviews, evaluative processes, or medical examination or testing.

  6. Administrative leave approved for this purpose is posted to T&A system OFP code 990-59574, Administrative Leave - Examinations.

Examinations for Professional Certification

  1. It is in the best interest of the IRS for employees to attain professional certifications in their occupational field as they add to the technical expertise and professional stature of our employees.

  2. Internal revenue agents, criminal investigators, estate tax examiners, appellate auditors, estate tax attorneys, revenue officers, tax compliance officers, appeals officers, tax law specialists, accountants, engineers, real estate appraisers and HCO human resources specialists may be granted administrative leave to sit for the examination/certification process for admission to the bar, certified public accountant license, certified employee benefit specialist certification, certified management accountant certification, certified internal auditor certification, certified government financial manager certification, state-certified general appraiser certification, professional engineer’s license, or membership as a associate or fellow in the American Society of Pension Professionals and Actuaries. Employees may be excused up to four times, if necessary, to attain professional certifications in their occupational field. The administrative leave includes travel time on the day of the examination and, if applicable, time to appear at an oral interview required as a prerequisite to being sworn in or licensed in the profession.

  3. The IRS recognizes the need for excellence and technical efficiency in the computer field, and therefore, administrative leave may also be granted for specialized professional examinations in the computer field.

  4. Requests should include whether this is the first, second, third or fourth attempt to obtain certification. This administrative leave is posted to T&A system OFP code 990-59574, Administrative Leave - Examinations.

Tax Audits

  1. An employee will be granted administrative leave to attend a tax audit or to attend a discussion of their own tax affairs with a member of the Treasury Inspector General for Tax Administration or other authorized management official. The audit may be required as a condition of employment, may result from an investigation or may be a routine tax audit.

  2. An employee may not be granted administrative leave to prepare for an examination or audit.

  3. Additional information may be found in IRM 4.2.6.5, Employee Interview Procedures.

  4. Administrative leave approved for attendance at tax audits or discussions is posted to T&A system OFP code 990-59566, Administrative Leave - Miscellaneous.

Meetings and Conferences

  1. An employee may be granted up to 16 hours of administrative leave per CY to attend an employee organization or employee resource group (ERG) meeting or conference.

  2. Approval of administrative leave for attendance at an employee organization or ERG conference, convention, seminar or meeting may be authorized only when all the following criteria are met:

    1. Attendance will directly benefit the mission of the IRS,

    2. Attendance will enhance an employee's self-development and skills and

    3. There is a direct relationship between conference agenda items and the employee's job responsibilities.

  3. This administrative leave is included in the 16-hour per CY limit a manager can approve for career learning plan (CLP) and self-directed training activities under IRM 6.610.1.3.12.

  4. Approval of administrative leave for attendance at these events must be done consistently. For more information, refer to the Equity, Diversity and Inclusion (EDI) website at EDI Homepage, the employee organization and ERG policy at EO-ERG Policy and IRM 6.610.1.3.12.

  5. Requests should include relevant information (e.g., date, time, number of hours and how the meeting/conference meets the approval criteria). Administrative leave approved for this purpose is posted to T&A system OFP code 990-59564, Administrative Leave - Career Learning Plan and Self-directed Training.

Relocation Activities

  1. Administrative leave may be granted, at management discretion, only when an employee is authorized relocation (moving) expenses by the IRS as outlined below:

    1. An employee may be granted administrative leave to arrange and transact personal business directly related to a permanent change in ODS, if such activities cannot be conducted outside of the workday. These activities may include:
      -- Traveling to the new ODS,
      -- Securing utilities,
      -- Securing licenses,
      -- Returning to the previous residence for activities relating to the sale or other disposition of that property,
      -- Returning to the previous residence to arrange for household goods shipment, including packing and loading and
      -- Receiving household goods at the new ODS, including unpacking.

    2. An employee, who is authorized moving expenses but who is not authorized a house-hunting trip, may be granted a reasonable amount of administrative leave for locating living quarters at the new ODS.

    3. An employee, who is authorized moving expenses and who is authorized a house-hunting trip, is provided up to 10 consecutive calendar days for house-hunting, including travel time. Per the Federal Travel Regulations (41 CFR 302), when a house-hunting trip is authorized, the time spent house-hunting is duty time, not administrative leave.

  2. Requests should include relevant information (e.g., date, time, number of hours requested and type of relocation activity). Administrative leave approved for relocation activities is posted to T&A system OFP code 990-59573, Administrative Leave - Relocation.

  3. An employee who is relocating but has not been authorized moving expenses is not eligible for administrative leave and may request annual leave, other paid time off or LWOP if they need to conduct relocation activities during work hours.

  4. Additional information is available in IRM 1.32.12, IRS Relocation Travel Guide.

Volunteer Activities

  1. In conjunction with presidential and OPM memoranda, IRS recognizes and values the volunteer spirit in which employees donate their personal time and efforts for the benefit of others. To support those efforts and encourage participation in volunteer activities, IRS provides considerable flexibilities. These include requesting annual leave, LWOP, other paid time off or, to a limited degree, administrative leave.

  2. An employee may be permitted up to eight hours of administrative leave per CY to volunteer their time to legitimate public service organizations. Requests are approved by the second-level approval authority or higher, as determined by each business unit. (Refer to IRM 1.2.2.7.9, Delegation Order 6-12, Absence and Leave.)

  3. Administrative leave for volunteer activities is approved under very limited circumstances and in accordance with all of the following:

    1. The manager determines that workload permits release of the employee,

    2. The employee is rated fully successful or above,

    3. The volunteer activity
      -- Is not contrary to existing laws and regulations,
      -- Is unpaid,
      -- Does not require use of government equipment or facilities for other than authorized purposes in accordance with 5 CFR 2635.704, Use of Government property,
      -- Will not expose the IRS to liability for injury compensation
      -- Is not used for fundraising or lobbying activities in accordance with 5 CFR 2635.808, Fundraising activities, and

    4. The request for administrative leave for the volunteer activity meets at least one of the following criteria:
      1. The absence is directly related to the mission of the IRS,
      2. The absence is officially sponsored or sanctioned by the IRS,
      3. The absence will clearly enhance the professional development or skills of the employee in their current position or
      4. The absence is determined to be in the interest of the IRS.

  4. Potentially appropriate public service organizations for this purpose include:

    1. Federal, state, local or tribal government organizations, agencies or entities including most public schools, colleges and universities,

    2. Public child or family service agencies,

    3. Public nonprofit organizations under section 501(c)(3) of the Internal Revenue Code or

    4. Private nonprofit organizations that provide public services, such as emergency management, public safety, public health, etc.

  5. A national president/IRS head of employee organization or ERG is permitted to use this administrative leave to carry out leadership responsibilities for their respective employee organization or ERG. However, the total administrative leave for volunteer activities may not exceed eight hours in a CY. Information regarding employee organizations and ERGs is contained on the EDI website at EDI Homepage. This authority does not extend to a regional or chapter president.

    1. Leadership responsibilities performed while on administrative leave must be activities that support IRS initiatives, including but not limited to, establishing mentoring programs, supporting IRS recruitment activities, coordinating VITA sites and performing community outreach services. In accordance with 5 CFR 251.202, administrative leave approval is inappropriate for fundraising or lobbying activities.

  6. Administrative leave is not granted for Combined Federal Campaign (CFC) activities. Rather, time spent by an employee (including CFC loaned executive duties) on activities in support of running the CFC program is posted to an administrative time (duty time) OFP code in accordance with business unit practices.

  7. Requests for administrative leave for volunteer activities are approved by the second-level approval authority or higher, as determined by each business unit per IRM 1.2.2.7.9, Delegation Order 6-12, Absence and Leave.

  8. Note that this administrative leave is in addition to the four hours per CY an employee may be granted for volunteering to serve as a nonpartisan poll worker/observer, a separate authority under IRM 6.610.1.3.3, Voting.

  9. Requests should include relevant information (e.g., date, time, number of hours, type of unpaid volunteer activity and name of the organization). Administrative leave for volunteer activities is posted to T&A system OFP code 990-59563, Administrative Leave - Volunteer Activities.

Career Learning Plan and Self-Directed Training Activities

  1. An employee on an approved CLP may be granted up to 16 hours of administrative leave per CY to participate in self-directed training or developmental activities related to their current or prospective job duties. These 16 hours of administrative leave may include time to attend employee development opportunities presented at employee organization or ERG conferences, seminars, conventions and meetings. Refer to IRM 6.610.1.3.9, Meetings and Conferences.

  2. In addition to the 16 hours of administrative leave authorized in (1) above, a limited amount of administrative leave may be provided for an employee to attend, at their own expense, out-Service (non-IRS) training for career enhancement. The appropriate amount of administrative leave will be determined by management on a case-by-case basis. An employee who does not satisfactorily complete the course must use their own time for any subsequent courses until they exhibit satisfactory completion of a subsequent course.

  3. Requests should include relevant information (e.g., date, time, number of hours and type of CLP or self-directed training activity). Administrative leave approved for this purpose is posted to T&A system OFP code 990-59564, Administrative Leave - Career Learning Plan and Self-Directed Training.

Job-Related Injuries

  1. An employee who sustains work-related injuries that cause an absence from work is generally granted administrative leave on the day of the accident to seek medical attention and for documented disability purposes.

  2. The Federal Employees' Compensation Act provides that an injured employee’s regular pay may be continued for a period not to exceed 45 calendar days for absences due to a work-related disability and/or to seek medical treatment immediately following the injury. This is called continuation of pay (COP), and COP starts the first day of absence following the date of injury, unless the injury occurs prior to an employee's TOD, in which case COP is charged on the date of injury. For additional information regarding COP and other matters relative to job-related injuries, refer to IRM 6.800.1, Employee Benefits, Workers’ Compensation Program.

  3. Administrative leave is only authorized for the day of the reported injury and is posted to T&A system OFP code 990-59566, Administrative Leave - Miscellaneous.

Return from Active Military Duty

  1. A federal civilian employee who is called to active duty in support of the Overseas Contingency Operations (OCO) (formerly the Global War on Terrorism) is entitled to five days of excused absence upon their return from active duty. This entitlement was granted through presidential memorandum at Return of Activated Military Members to Federal Civilian Employment. Detailed information regarding the requirements and procedures may be found on OPM's website at Fact Sheet: 5 Days of Excused Absence for Employees Returning from Active Military Duty. For additional information, refer to IRM 6.630.2, Absence and Leave for Military-Related Reasons.

  2. Requests should include relevant information (e.g., date, time and number of hours requested as well as supporting documentation to support eligibility). Administrative leave for this purpose is posted to T&A system OFP code 990-59566, Administrative Leave - Miscellaneous.

Conduct-Related Actions

  1. This section applies to all IRS employees except intermittent employees, individuals serving a probationary/trial period, individuals on a temporary/term appointment, contractors and employees of the Office of Chief Counsel.

  2. When a disciplinary or adverse action is proposed (e.g., to suspend, indefinitely suspend or remove an employee), the employee is normally in a duty status during the advance-notice period. However, there may be rare situations where management determines the employee’s continued presence in the workplace during the advance-notice period may:

    1. Pose a threat to the employee or others,

    2. Result in loss of or damage to government property or

    3. Otherwise jeopardize legitimate government interests.


    In the above situations, management may also consider placing the employee on conduct-related administrative leave.

  3. Alternatives to using conduct-related administrative leave, such as voluntary leave and alternative work assignments (location and/or duties), must be considered. (Refer to IRM 6.752.2, Adverse Actions). Employees may request voluntary leave, where appropriate, as an alternative to conduct-related administrative leave. (Refer to IRM 6.630.1, Absence and Leave, for annual leave, sick leave or LWOP information.)

  4. A notification of conduct-related administrative leave must be confirmed in a memorandum to the employee. Additionally, for employees being placed on conduct-related administrative leave for more than 40 hours, managers must complete Form 14567, Conduct-Related Administrative Leave Case Summary, within one workday following the administrative leave approval, as set forth in IRM 6.610.1.3.15.1.

  5. Administrative leave is not a substitute for proposing and carrying out a disciplinary or adverse action. Management is expected to quickly address the misconduct by proposing a disciplinary or adverse action, as appropriate.

  6. Employees can direct questions about this policy through their management chain.

  7. Managers must contact a LERN specialist for support and guidance. Refer to IRM 6.610.1.1.3 for contact information.

  8. Conduct-related administrative leave is posted to T&A system OFP code 990-59561, Administrative Leave/Conduct.

Approval Authorities for Conduct-Related Administrative Leave
  1. A table of the approval authorities in specific situations is shown below.

    Situation and Amount of Administrative Leave Approval Authority for EMU-Covered Employees Approval Authority for Non-EMU-Covered Employees
    Emergency Situations*: Up to one workday of administrative leave.
    *Refer to IRM 6.610.1.3.15(2) above for a list of emergency situations.
    • First-level manager without prior approval or consultation.

    • The first-level manager must obtain retroactive concurrence from the employee’s second-level manager and consult with the LERN specialist no later than the next workday.

    • First-level manager without prior approval or consultation.

    • The first-level manager must obtain retroactive concurrence from the employee’s second-level manager and consult with the LERN specialist no later than the next workday.

    Nonemergency Situations: Up to one workday of administrative leave.
    • First-level manager after concurrence from their manager.

    • The first-level manager must consult with the LERN specialist no later than the next workday following the approval of the administrative leave.

    • First-level manager after concurrence from their manager.

    • The first-level manager must consult with the LERN specialist no later than the next workday following the approval of the administrative leave.

    More than one workday but less than 80 hours of administrative leave.
    • The first-level manager may approve with the concurrence of the employee’s second-level manager.

    • The first-level manager must consult with the LERN specialist no later than the next workday.

    • In the absence of the LERN specialist, consultation must occur with either the Director, LERN, or the Deputy Director, LERN, following the approval of the administrative leave.

    • The first-level manager may approve with the concurrence of the employee’s second-level manager.

    • The first-level manager must consult the LERN specialist no later than the next workday following the approval of the administrative leave.

    80 or more consecutive hours of administrative leave (including 80 hours over two PPs).
    • The first-level manager must consult in advance with the LERN specialist after obtaining concurrence of the employee’s second-level manager.

    • The approving authority for these cases is the Chair, Executive Resources Board (ERB).

    • The first-level manager must consult, in advance, with the LERN specialist after obtaining concurrence of the employee’s second-level manager. Those with delegated authority (i.e., SES executives who are direct reports to division commissioners or equivalent; reference IRM 1.2.2.7.9, Delegation Order 6-12) may approve.

    • The 1203 Review Board has the authority to approve or disapprove the use of conduct-related administrative leave.

Computer Downtime

  1. Computer downtime includes periods of time an employee cannot perform their regular work due to IRS computer failure or other IRS computer-related issues, including patch failures, hard drive crashes, corrupt bootup, IT help desk waits/assistance, onsite IT repairs, troubleshooting, booting/rebooting lag time, etc.

  2. An employee who is unable to use their computer for personal reasons such as changing internet providers, failure to pay for internet services, etc., is generally expected to use their own leave (e.g., annual) or other paid time off (such as previously earned credit hours or compensatory time) if unable to work.

  3. An employee who experiences IRS computer downtime is expected to contact their manager as soon as practical for further instructions.

Employees Who Are Working in the Official Duty Station
  1. An employee working in the ODS who cannot perform their regular work due to computer-related downtime should be assigned other work until the issue is resolved. Such work may be coded to an administrative time (duty time) OFP code such as 990-59300, Administrative Programs, or other appropriate duty time OFP code (e.g., training) as determined by their business unit. If there is no work that can be performed, idle time is posted as follows:

    1. 990-59310 - System Downtime (formerly - Machine Downtime) - Employee idle time when IRS enterprisewide systems/applications are down preventing the accomplishment of work in the enterprise (e.g., Integrated Data Retrieval System (IDRS), Service Center Recognition/Image Processing System (SCRIPS), Integrated Submission and Remittance Processing (ISRP), Statistics of Income (SOI), Error Resolution System (ERS), Generalized Unpostable Framework (GUF) and Automated Collection System (ACS)).

    2. 990-59370 - Computer Downtime - Employee idle time when an individual employee’s IRS computer is unavailable due to IRS computer-related issues (e.g., hard drive crash, corrupt bootup or patch failure) preventing the accomplishment of work.

    3. 990-59371 - IT Help Desk Downtime - Employee idle time when waiting for IT help desk assistance, including idle time while IT is resolving the IRS computer issue.

  2. An employee remains available and in duty status while on system, computer and IT help desk downtime.

Employees Who Are Teleworking
  1. An employee who is teleworking and who experiences a computer-related issue that is unlikely to be resolved within a reasonable time that day (and that does not affect their assigned ODS) may be directed by their manager into their assigned ODS (or, if an NBU employee, to a manager-approved alternate worksite) to complete the workday. An employee directed to report to their ODS (or an alternate worksite) during regular duty hours will be granted administrative time (duty time) for the travel. The employee is expected to report to the ODS on the following days at the start of their TOD until the issue is resolved.

  2. When it is not practical for the manager to direct a telework employee into the ODS (e.g., late in the workday), the manager and employee should determine what work can be performed at the telework site for the remainder of the TOD. If there is no regular work, but other work is available, such work may be coded to an administrative time (duty time) OFP code such as 990-59300, Administrative Programs, or another time code (e.g., training) as determined by the manager. Refer to IRM 6.610.1.3.16.1 if there is no work, and the telework employee is idle due to system downtime, computer downtime or IT help desk downtime.

  3. There may be rare instances where the computer-related issue is not due to system downtime, IRS computer downtime or IT help desk downtime (e.g., the employee’s internet provider is experiencing an unexpected outage). If there is no work that can be assigned and it is impractical to direct the employee into the ODS, then the immediate manager may, on the first day, grant administrative leave, up to the remaining hours in the employee’s workday. The employee is expected to report to the ODS on the following days at the start of their TOD until the issue is resolved. Refer to IRM 6.610.1.3.16.2(4) for administrative leave requests that extend past the first day.
    Example 1: It is late in the employee’s workday, and the employee’s internet service provider (ISP) is experiencing a temporary outage causing connectivity issues. There is no work that can be performed at the telework site without the computer. Instead of requiring the employee to report to the ODS, the manager grants administrative leave for the remainder of the workday.
    Example 2: An employee cancels their current ISP service and has no internet connectivity until the new ISP completes installation. Administrative leave is not appropriate when the inability to work is caused by the employee. The employee may use personal leave for the period they are unable to work or may request to report to the ODS (on their own time) where work can be performed.

  4. The first-level executive or higher must approve additional administrative leave beyond the first day. Additional administrative leave should be rare and due to unique circumstances (e.g., reasonable accommodation).

  5. Administrative leave granted to a telework employee as outlined in IRM 6.610.1.3.16(3) and IRM 6.610.1.3.16(4) must be documented with relevant information (e.g., date, time and number of hours as well as the circumstances involved) and is posted to T&A system OFP code 990-59566, Administrative Leave - Miscellaneous.

Power Outages

  1. A power outage is a short- or long-term state of electric power loss in a given area. It can affect a single house (e.g., telework site), building or entire city depending on the extent of the damage or cause of outage.

Employees Who Are Working in the Official Duty Station
  1. When a power outage occurs at the ODS (i.e., IRS facility), the SCR, executive-level position serving as SCR in campus locations or commissioner’s representative makes the determination as to whether the office will close due to health or safety issues. Non-telework employees working in the office will generally receive weather and safety leave in these situations, while employees who participate in the telework program are generally expected to travel to their telework site and finish the day teleworking. Refer to IRM 6.630.4.5, Weather and Safety Leave, and the National Agreement, Articles 36 and 50 (for BU employees), for more information.

Employees Who Are Teleworking
  1. When a power outage occurs at the telework site, a telework employee is expected to contact their manager as soon as practical. If their assigned ODS is not impacted, the telework employee may be directed by their manager into their assigned ODS (or, if an NBU employee, to a manager-approved alternate worksite) to complete the workday. An employee directed to report to their ODS or an alternate worksite during regular duty hours will be granted administrative time (duty time) for the travel.

    1. An employee, who is directed by their manager to report to the ODS but who chooses not to report, must request leave or other paid time off (e.g., previously earned credit hours or compensatory time).

  2. Where it is not practical to direct a telework employee into the ODS or alternate worksite (e.g., it is late in the employee’s workday or the power may be restored momentarily), the manager:

    1. Should, in consultation with the employee, determine what work can be performed at the telework site during the outage, up to the remaining hours in the workday. If no regular work can be performed, the manager should determine what other work can be performed at the telework site during the outage, up to the remaining hours in the workday. Such work may be coded to an administrative time (duty time) OFP code such as 990-59300, Administrative Programs, or other appropriate time code (e.g., training), as determined by the employee’s business unit.

    2. May, if it is not possible to assign the employee any work:
      -- Grant weather and safety leave (if the power outage is due to weather or other safety-related conditions) and post it to OFP code 990-59515, Weather and Safety Leave - Telework Site Unsafe, Office Open. Refer to IRM 6.630.4.5, Weather and Safety Leave, for more information, or
      -- Grant administrative leave for the remainder of the first workday (if the power outage is not due to weather or other safety-related conditions) and post it to OFP code 990-59566, Administrative Leave - Miscellaneous.

  3. If the power outage is not resolved by the end of the workday, the employee is generally expected to report to the ODS (or, if an NBU employee, to a manager-approved alternate worksite) on subsequent workdays by the beginning of their TOD until the issue is resolved. If the ODS is also impacted by the power outage, or if it is unsafe to report to the ODS, the employee may be eligible for weather and safety leave. Refer to IRM 6.630.4.5 for more information.

    1. The first-level executive or higher has the authority to approve additional administrative leave beyond the first day of the power outage outlined in IRM 6.610.3.17.2(2)(b) above. Additional administrative leave should be rare and due to unique circumstances (e.g., reasonable accommodation).

  4. Administrative leave granted to a telework employee for a power outage must be documented with relevant information (e.g., date, time and number of hours as well as the circumstances) and is posted to T&A system OFP code 990-59566, Administrative Leave - Miscellaneous.

Administrative Leave or Administrative Time for Other Miscellaneous Activities

  1. IRS offers its employees administrative leave or administrative time (duty time) to participate in work-life programs and other activities as outlined below.

IRS Retirement Planning Program
  1. An employee may be provided administrative leave to attend one IRS retirement planning program if they are within 10 years of eligibility for optional retirement. Refer to "Pre-Retirement Seminar" on IRS Source at Pre-Retirement Seminar for more information.

  2. This administrative leave is posted to T&A system OFP code 990-59562, Administrative Leave - Benefits.

Benefits Counseling
  1. An employee may be provided up to four hours of administrative leave per CY for benefits counseling; i.e., to attend a health benefits fair, review health benefit information, seek financial counseling or for additional retirement counseling. This administrative leave must be used for counseling sponsored by the federal government or NTEU. For example, if an employee is covered by a spouse’s health insurance plan at a private company, the employee may not be granted administrative leave to attend a health benefits fair at the private company. Refer to "Benefits" on IRS Source at Employee Resources - Benefits for more information.

  2. This administrative leave is posted to T&A system OFP code 990-59562, Administrative Leave - Benefits.

Employee Assistance Program (EAP)
  1. An employee may be granted up to four, one-hour sessions, plus travel time, per CY to meet with an EAP counselor.

    1. This administrative leave is posted to T&A system OFP code 990-59566, Administrative Leave - Miscellaneous.

  2. An employee may be provided administrative time (duty time) to attend EAP employee orientation or education activities, including webinars.

    1. This administrative time is posted to an administrative time OFP code such as 990-59300, Administrative Programs, or other appropriate duty time code as determined by the employee’s business unit.

  3. Refer to IRM 6.800.3, Employee Benefits, IRS Employee Assistance and WorkLife Referral Program, for more information regarding the EAP.

Flu Shots
  1. An employee will be granted administrative leave to receive a flu shot provided by IRS, including reasonable time to travel to and from another POD in the commuting area if the flu shot is not offered at the employee’s POD. Refer to "Flu Shot Program" on IRS Source at Employee Resources - Flu Shot Program for more information.

  2. This administrative leave is posted to T&A system OFP code 990-59566, Administrative Leave - Miscellaneous.

Labor Recognition Week
  1. Subject to the provisions of Article 8 of the National Agreement, a BU employee may be granted up to one hour of administrative time (duty time) annually to participate in Labor Recognition Week activities, consistent with workload and staffing needs.

  2. This time should be requested in advance and is posted to an administrative time code designated by the employee’s business unit, such as T&A system OFP code 990-59300, Administrative Programs.

Group Employee Appreciation Activities
  1. An employee may be granted a limited amount of administrative time (duty time) to participate in management-approved group employee appreciation activities surrounding events such as Employee Appreciation Day, Public Service Recognition Week, end-of-the-filing-season celebrations, town hall meetings, etc. The amount of time granted must be judicious and must be granted only to the extent warranted by good administration. Activities must generally be conducted on government premises in accordance with IRM 6.410.1.4.11, Off-site Space for Training - Overview, and announced to NTEU in advance if they include official awards ceremonies.

  2. This time is posted to an administrative time code designated by the employee’s business unit, such as T&A system OFP code 990-59300, Administrative Programs.

Day of Death
  1. An employee who dies on a day they are in duty status is granted administrative leave for any hours remaining in their TOD that day. An employee who dies on a day they are on paid leave is granted administrative leave for the entire day.

    1. This administrative leave is posted to T&A system OFP code 990-59566, Administrative Leave - Miscellaneous.

  2. An employee who dies while in a nonpay status is posted with LWOP (OFP code 990-59811) for the day of death (CG B-52981).

COVID-19 Vaccinations and Boosters
  1. Employees are encouraged to get updated COVID-19 vaccine doses (i.e., vaccinations and boosters) as recommended by the Centers for Disease Control and Prevention (CDC). Such vaccines can protect both federal employees and those we serve.

  2. An employee who chooses to be vaccinated during TOD hours may be granted administrative leave, subject to the following:

    1. An employee may be granted up to four hours of administrative leave to receive an updated COVID-19 vaccine dose as recommended by the CDC. This leave includes travel time to and from the vaccination site.

    2. If an employee needs to spend less time getting the vaccine dose, only the needed amount of administrative leave should be granted.

    3. An employee must obtain advance approval from their supervisor before using administrative leave for purposes of getting a COVID-19 vaccine dose, and requests should include relevant information (e.g., date, time and number of hours).

    4. A supervisor retains the ability to approve administrative leave during a time period that will not unduly interfere with work requirements.

    5. An employee may not be credited with administrative leave or overtime work for time spent outside their TOD getting a COVID-19 vaccine dose.

  3. In the event an employee holds a position for which there is an agency-specific mandatory requirement to get a COVID-19 vaccine dose, the employee must be provided duty time, not granted administrative leave, when approved to get a COVID-19 vaccine dose during TOD hours.

  4. Upon an employee’s request, supervisors may approve the use of sick leave for the following circumstances, or an employee may also choose to seek approval to use other paid or unpaid time off instead of sick leave or use various work scheduling flexibilities, pursuant to IRS policies:

    1. When an employee is assisting a family member in getting a COVID-19 vaccine dose,

    2. When an employee has an adverse reaction to a COVID-19 vaccine dose,

    3. When an employee has COVID-19 symptoms and is isolating while actively seeking to be tested or

    4. When an employee has suspected or confirmed COVID-19.

  5. This administrative leave is posted to T&A system OFP code 990-85540, Employee COVID-19 Vaccinations and Boosters.

59 Minutes of Administrative Time

  1. If an employee is unavoidably or necessarily absent or tardy for less than one hour, the first-line manager may excuse them without charge to leave if the absence or tardiness is caused by circumstances beyond the employee's control. Refer to 5 CFR 630.206, Minimum Charge, and IRM 6.630.1, Absence and Leave, for more information. Such time off will be granted sparingly and may not be combined with breaks, lunch or meal periods, or any type of leave.

  2. Second and higher levels of management may not combine additional segments of 59 minutes of administrative time or additional administrative leave to allow more time off.

Work Schedules

  1. There are two categories of biweekly work schedules:

    1. Standard (i.e., regular and staggered) and

    2. Alternative (i.e., FWS and CWS).

  2. Not all work schedules are available to all IRS employees. A BU employee should consult Article 23 and Exhibits 23-1 through 23-4 in the National Agreement for the work schedules, TODs, core hours and flexible time bands available to them and applicable to their shift (i.e., day, swing or night).

  3. A BU employee must adhere to the requirements agreed upon in Article 23 of the National Agreement as they may differ from the policy below (e.g., approval requirements, gliding start time notifications, requests to earn and use credit hours, termination of and changes to AWS).

Standard Work Schedules

  1. There are two types of standard work schedules: regular work schedules (refer to IRM 6.610.1.1.6(29)) and staggered work schedules (refer to IRM 6.610.1.1.6(32)).

  2. Employees on standard work schedules are not eligible to earn or use credit hours.

Alternative Work Schedules

  1. Under authority granted by the Federal Employees Flexible and Compressed Work Schedules Act of 1982, the IRS implemented the AWS Program. Within limits, these schedules allow an employee to deviate from standard work schedules by opting for an FWS or a CWS where permitted.

  2. Organizations are encouraged to use these AWS to the extent that they are feasible and cost effective and where operational requirements will permit.

Coverage
  1. The following guidance applies to all IRS employees who have been approved to work AWS and for BU employees, as negotiated in accordance with 5 USC 6130.

  2. The terms defined at 5 USC 6121 apply to FWS and CWS.

  3. Subject to management approval, AWS are available to full-time (80 hours per PP) and part-time (32-64 hours per PP) employees on all shifts (day, swing and night), with start times for most day shift employees between 6-9:30 a.m. Some AWS are not available to all IRS employees.

Categories of Alternative Work Schedules
  1. There are two categories of AWS: FWS, which include the ability to earn and use credit hours, and CWS. Within FWS and CWS, there are various types of schedules available.

Flexible Work Schedules and Credit Hours - Overview
  1. All FWS are comprised of two parts:

    1. Core hours and days during which an employee must be present for work. The IRS has designated the core hours for most full-time, day shift employees to be 9:30 a.m. to 2:30 p.m. Part-time employees are not required to work core hours outside of their TOD.

    2. Flexible hours (flexible time band) during which an employee may choose their start and stop times and earn credit hours consistent with the duties and requirements of their positions. The IRS has designated the flexible hours (flexible time band) for most day shift employees to be between 6 a.m. and 8:30 p.m., with mandatory core hours as noted in (a) above.

  2. The IRS-approved FWS are:

    • Flexitour with credit hours,

    • Gliding and

    • Maxiflex.

  3. All FWS allow an employee to determine a schedule within established limits. An employee may select start and stop times every 15 minutes, on the hour, quarter hour, half hour or three-quarter hour (e.g., 7 a.m., 7:15 a.m., 7:30 a.m. or 7:45 a.m.), within their designated flexible time band. For example, a day shift employee could request a start time as early as 6 a.m. (the beginning of the day shift flexible time band for most employees) or as late as 9:30 a.m. (the beginning of the mandatory core hours), subject to managerial approval. Except for employees on gliding FWS (refer to IRM 6.610.1.5.2.2.1.2 below), once an FWS is selected, the hours are fixed until an opportunity is provided to request a different AWS and/or a change in start and stop times.

  4. An employee on FWS is eligible to earn credit hours in accordance with the specific type of FWS.

Flexitour with Credit Hours
  1. This is an FWS that, for full-time employees, includes a basic work requirement of eight hours each day, 40 hours each week, 80 hours in a biweekly PP and affords employees the ability to earn and use credit hours.

  2. An employee may select start and stop times within the established flexible time band but must be present during the hours and days of the administrative workweek designated as core hours. For example, a full-time, day shift employee starts work between 6-9:30 a.m., works the mandatory core hours of 9:30 a.m. to 2:30 p.m. and then works the remaining hours in the TOD. Start and stop times must be scheduled in advance, and once the schedule is approved, the hours are fixed. An employee working flexitour with credit hours has the same start and stop times for all 10 workdays in a biweekly PP.

Gliding
  1. This is an FWS that, for a full-time employee, includes a basic work requirement of eight hours each day, 40 hours each week, 80 hours in a biweekly PP and affords employees the ability to earn and use credit hours. The gliding FWS affords employees the ability to change start and stop times daily, within their designated flexible time band, without prior notice to their manager. A gliding employee must work the mandatory core hours. For example, a full-time, day shift employee starts work between 6-9:30 a.m., works the mandatory core hours of 9:30 a.m. to 2:30 p.m., and then works the remaining hours in the TOD.

  2. An employee on a gliding FWS (who is scheduled to work in the ODS) will have a presumptive start time of 7:30 a.m. for purposes of determining weather and safety leave when the office suffers a delayed opening, unless the employee and the manager have agreed to a different start time, and the agreement was memorialized in writing (e.g., email or letter).

Maxiflex
  1. This is a type of FWS that, for a full-time employee, contains core hours on less than 10 workdays within a biweekly PP. A full-time employee has a basic work requirement of 80 hours in a biweekly PP, and the employee may vary the number of hours scheduled to work on a given workday or the number of hours worked each week to equal 80 hours for the PP (consistent with the duties and requirements of their position). Maxiflex also allows an employee to earn and use credit hours.

  2. Maxiflex schedules are limited to a maximum of 10 hours per day toward meeting the basic work requirement.

  3. An employee may select start and stop times within the established flexible time band and must be present during the hours and days of the administrative workweek designated as core hours only on eight of the 10 workdays within a biweekly PP. For example, on at least eight of 10 workdays, a full-time, day shift employee starts between 6-9:30 a.m., works the mandatory core hours of 9:30 a.m. to 2:30 p.m., and then works the remaining hours in the TOD. Maxiflex employees are permitted two, non-core hour workdays in each biweekly PP (i.e., two days of the PP may have only flexible hours, may have a combination of flexible and some core hours, or may have no hours at all (an RDO) as long as the 80-hour biweekly basic work requirement is met).

  4. An employee working maxiflex is not required to have the same start and stop times on all workdays in a biweekly PP. However, start and stop times must be scheduled in advance, and once the maxiflex schedule is approved, the hours are fixed.

  5. Pursuant to 5 USC 6124, an employee on maxiflex will receive eight hours of pay on a holiday regardless of the number of hours in the scheduled TOD on that day. Refer to IRM 6.610.1.2.7(3) for additional information regarding holidays.

Credit Hours
  1. Credit hours will be administered as provided by 5 USC 6121-23 and 6126.

  2. Only an employee on an FWS may earn credit hours (within the established flexible time bands) as follows:

    1. Flexitour with credit hours and gliding FWS:
      1) May earn up to three credit hours on each regularly scheduled workday and
      2) May earn up to 10 credit hours on a nonwork day.

    2. Maxiflex FWS:
      1) May earn up to two credit hours on each regularly scheduled workday and
      2) May earn up to 10 credit hours on a nonwork day or a non-core hour workday.

  3. The following employees are not eligible to earn and use credit hours:

    1. An employee on a regular work schedule,

    2. An employee on a staggered work schedule and

    3. An employee on a CWS.

  4. An employee must voluntarily elect to work credit hours. Credit hours are not interchangeable with overtime or compensatory time off, which are hours required by management to be worked in excess of an employee’s basic work requirement. Refer to IRS policy for premium pay in IRM 6.550.2, Premium Pay Under Title 5 and the Fair Labor Standards Act (FLSA) and Compensatory Time Off for Travel, and 5 CFR 550, Subpart A.

  5. All credit hours worked and used must be approved in advance by management. An employee's request will be approved if management determines that appropriate work is assigned, necessary and available and if management determines that the performance of such work at the time requested is not rendered inappropriate based on logistical, safety and/or other factors such as availability of seating, security, utilities or supervision.

  6. Credit hours may only be worked and earned within the flexible time band established for the employee's shift. For example, a day shift employee may not work a credit hour before 6 a.m. or after 8:30 p.m., as these times would be outside the flexible time band. However, in rare instances and when necessary and approved by management, the flexible time band may be temporarily extended to permit the earning of credit hours.

  7. If approved, and subject to the established flexible time bands, credit hours may be earned in a noncontiguous manner (e.g., an employee may earn one after the end of the workday at the office and one more later that day at a site approved by the manager).

  8. Time off may not be charged against credit hours until credit hours have been earned. There is no authority in law or regulation to advance credit hours.

  9. Credit hours cannot be used the same day they are earned because credit hours are hours worked in excess of the basic work requirement.
    Example: An employee with a TOD of 8 a.m. to 4:30 p.m. requests and is approved to work two credit hours from 6-8 a.m. on Tuesday. The employee may not use those two credit hours to depart work at 2:30 p.m. on Tuesday as the basic eight-hour work requirement would not be fulfilled. The employee may request to use the two credit hours earned on another workday (as soon as the next workday). If the employee has previously earned or “banked” credit hours, the employee may request to use those credit hours on the same day as other credit hours are earned.

  10. Credit hours may be earned and used in 15-minute increments.

  11. The basic work requirement (sometimes referred to as the TOD) is regularly scheduled, and because credit hours are worked voluntarily in excess of the basic work requirement, credit hours are never a regularly scheduled part of the TOD. Thus, the earning and using of credit hours may not be manipulated to constructively alter or change an employee's TOD or type of work schedule (e.g., an employee on an FWS using credit hours to mimic a CWS for an extended period of time).

  12. From PP to PP, a full-time employee may carry forward a maximum of 24 credit hours. A part-time employee may carry forward a maximum of 25% of the hours in their biweekly basic work requirement.

  13. An employee may not elect to work and earn credit hours during their regularly scheduled duty hours on a holiday as the employee is already being compensated for that time.
    Example: An employee with a TOD of 8 a.m. to 4:30 p.m. requests and is approved to work two credit hours from 4:30-6:30 p.m. on a Monday holiday. The employee receives eight hours of regular pay for the holiday from 8 a.m. to 4:30 p.m. and earns two credit hours outside of the basic work requirement.

  14. An employee may not earn credit hours during their regularly scheduled TOD while on weather and safety leave, administrative leave, paid time off or unpaid leave.

  15. Credit hours may not be earned solely for the purpose of traveling to a destination (e.g., car or flight). However, an employee who elects to perform essential work outside of the basic work requirement while in travel status may earn credit hours with prior managerial approval.

    1. An employee may be required to work while traveling during regularly scheduled duty hours. Such hours worked are considered regular work hours, not credit hours.

  16. Night pay differential and/or Sunday premium pay may not be paid when credit hours are earned or used at night or on a Sunday. When an employee earns or uses credit hours, they are not performing regularly scheduled work. Night pay differential and/or Sunday premium pay are only authorized for work performed at night during an employee’s regularly scheduled TOD.

  17. If an employee is no longer subject to an FWS (e.g., federal employment ends, transfers to another agency or converts to a non-FWS):

    1. A full-time employee is entitled to payment at the current rate for up to a maximum of 24 unused earned credit hours, and any excess hours are forfeited (i.e., not paid).

    2. A part-time employee is entitled to payment at the current rate for up to a maximum of 25% of their biweekly basic work requirement of unused earned credit hours, and the excess hours are forfeited.

Compressed Work Schedules
  1. A CWS enables an employee to complete their biweekly basic work requirement in fewer than 10 workdays, thereby allowing for at least one RDO each PP.

  2. The approved IRS CWS are:

    • 5/4-9 and

    • 4/10.

  3. All CWS are fixed work schedules, which means that once established, the arrival and departure times, as well as the RDOs, may not vary. However, under limited circumstances, an employee may request and be approved to change their RDO if both the following conditions are met:

    1. The request to change the RDO is made in accordance with established business unit procedures and in advance of the upcoming PP. Only one such request may be approved every other PP.

    2. Requests are not made so frequently as to substantially change the regularly scheduled TOD.

  4. A full-time employee who converts from FWS to CWS must be paid for their outstanding credit hour balance, not to exceed 24 hours, at the time of conversion. A part-time employee who converts from an FWS to a CWS must be paid for their outstanding credit hour balance, not to exceed 25% of their biweekly basic work requirement, at the time of conversion. Payment will be at the employee’s current rate of pay.

5/4-9
  1. The 5/4-9 CWS is a work schedule where a full-time employee is scheduled to work eight workdays of nine hours each and one workday of eight hours, with one nonwork day (RDO) on the same day of each PP, to complete the basic work requirement of 80 hours per biweekly PP. For a part-time employee, 5/4-9 is a schedule where a part-time employee is scheduled to work fewer than 10 workdays during the PP and works nine hours on at least one workday for a total of 32-64 hours per PP.

4/10
  1. The 4/10 CWS is a work schedule where a full-time employee is scheduled to work four workdays of 10 hours each in both workweeks of the biweekly PP, with one nonwork day (RDO) each workweek, to complete the basic work requirement of 80 hours per biweekly PP. An employee may request a different RDO in each administrative workweek of a biweekly PP (e.g., an employee's RDO may be Tuesday of the first week and Thursday of the second week), but once selected, the TOD is fixed. For a part-time employee, 4/10 is a schedule where the employee works only 10-hour workdays for a total of 40-60 hours per PP.

Night Pay Differential Under Alternative Work Schedules

  1. Per 5 CFR 550.121, night work is regularly scheduled work performed by an employee between the hours of 6 p.m. and 6 a.m. An employee who performs regularly scheduled night work is entitled to a differential of 10% of their rate of basic pay.

Night Pay Differential Under Flexible Work Schedules
  1. When an employee elects to begin work before 6 a.m. or end work after 6 p.m:

    1. An employee is entitled to night pay differential if the combination of flexible time bands plus core hours for their shift does not provide eight or more hours to schedule their TOD between 6 a.m. and 6 p.m.
      Example: An FWS employee on a swing shift has a TOD of 12 midnight to 8:30 a.m. with established core hours from 3:30-8:30 a.m. and a flexible time band from 9 p.m. to 11:30 a.m. The combination of core hours and flexible time band does not provide eight or more hours for the employee to schedule their TOD between 6 a.m. and 6 p.m. Therefore, the employee is entitled to night pay differential for the time worked between 12 midnight and 6 a.m.

    2. An employee is not entitled to night pay differential if the combination of flexible time band plus core hours for their shift provides eight or more hours to schedule their TOD between 6 a.m. and 6 p.m.
      Example: An FWS employee on a swing shift has a TOD of 5:30 a.m. to 2 p.m. with established core hours from 9 a.m. to 2 p.m. and a flexible time band from 2:30 a.m. to 5 p.m. The combination of core hours and flexible time band provides eight or more hours for the employee to schedule their TOD between 6 a.m. and 6 p.m. Therefore, the employee is not entitled to night pay differential.

  2. An employee is entitled to night pay differential for any non-overtime (regular) work that must be completed (i.e., required by management) between 6 p.m. and 6 a.m. to complete an eight-hour daily TOD. This includes designated core hours.
    Example: An FWS employee on a swing shift has a TOD of 9:45 a.m. to 6:15 p.m. with established core hours from 1:15-6:15 p.m. and a flexible time band of 6:45 a.m. to 9:15 p.m. The core hours require the employee to be present for 15 minutes during night hours (6-6:15 p.m.), and the employee is entitled to 15 minutes of night pay differential.

  3. Additional information regarding night pay differential can be found in the IRS policy for premium pay in IRM 6.550.2, Premium Pay Under Title 5 and the Fair Labor Standards Act (FLSA) and Compensatory Time Off for Travel, and 5 CFR 550, Subpart A.

Night Pay Differential Under Compressed Work Schedules
  1. An employee is entitled to night pay differential for regularly scheduled work performed during night hours (6 p.m. to 6 a.m.). Refer to IRS policy for premium pay in IRM 6.550.2, Premium Pay Under Title 5 and the Fair Labor Standards Act (FLSA) and Compensatory Time Off for Travel, and 5 CFR 550, Subpart A for more information.

Alternative Work Schedule Availability and Program Participation

  1. Subject to management approval, AWS are available to full-time (80 hours per PP) and part-time (32-64 hours per PP) employees on all shifts (day, swing and night) with start times for most day shift employees between 6-9:30 a.m.

  2. To participate in AWS, an employee must have been assigned a current annual rating of record of "Fully Successful" (or "Met," for managers, management officials, etc.) or higher. An employee without a rating of record is considered "Fully Successful" or "Met." If an NBU employee has been assigned a current rating of record of less than "Fully Successful" or "Met," their manager may remove the employee from their current AWS. For BU employees, removals from AWS are subject to the provisions in Article 23 of the National Agreement.

  3. A new employee or an employee moving to a new position, with different duties and training requirements, must successfully complete initial formal training prior to becoming eligible for an AWS. However, once initial formal training is successfully completed, and if not prevented by the schedule for on-the-job instruction, the employee may request and begin an AWS if approved by the manager.

  4. Telework employees have access to the same work schedules as non-telework employees, and they are subject to the same eligibility and participation rules. Refer to IRM 6.800.2, IRS Telework Program.

Requests and Approvals of a New Alternative Work Schedule or Modified Alternative Work Schedule/Tour of Duty
  1. An employee may request a change to their current AWS (i.e., modify their AWS/TOD) or request a new AWS for the upcoming PP. Only one such request may be approved every other PP.

  2. Form 10911, Alternative Work Schedule & Staggered Work Schedule Request, is used to request, change or cancel an AWS.

  3. Organizations are encouraged to use AWS to the extent that they are feasible, cost effective and where operational requirements will permit. An employee has the right to request AWS without fear of retaliation or adverse action. The actual hours and days of the week (i.e., TOD) an employee may work will be determined on a case-by-case basis as requested by the employee and approved by the immediate manager based on the balanced needs of both the employee and the IRS. BU employees should reference Article 23 of the National Agreement for additional information.

  4. A manager should not approve an employee’s request to change from FWS to CWS (and vice versa) that is made solely for the purpose of receiving payment for credit hours. Per 5 USC 6122, the purpose of accumulating credit hours is to reduce the length of an employee’s workweek or another workday; credit hours are not intended to supplement an employee’s income or cause an increased cost to an agency.

  5. A manager will consider the request and supporting information carefully and respond to the employee as soon as practicable, but no later than two PPs (20 business days), to advise if their request is approved or disapproved.

  6. Once approved, the AWS or new TOD (e.g., change in start or stop times) will be effective at the beginning of the next PP or at the beginning of an upcoming PP as designated by the employee and approved by the manager. The AWS or new TOD is in effect for the entire PP.

  7. All changes in work schedules and/or TOD, whether permanent or temporary, must be documented and made a matter of record in the T&A system or on other official record.

Termination or Modification of AWS Due to Adverse Impact
  1. For a BU employee, refer to Article 23 of the National Agreement for negotiated provisions concerning modification and termination of an employee’s AWS.

  2. For an NBU employee, if it is determined that an employee’s particular FWS or CWS is having an adverse impact on the organization, the manager must work with the employee on adjusting the TOD, changing to another type of AWS or reverting back to a standard work schedule.

Training and Details
  1. Management may require an employee to complete mandatory training and mandatory briefings during their TOD.

  2. An employee selected for work assignments outside of their office (to include training, details and promotions/temporary promotions) may be required to discontinue their AWS (either temporarily or permanently) to comply with the established TOD of the assignment or work group. In this case, the employee must, prior to the beginning of the PP, convert to another work schedule for the entire PP that accommodates the hours of the training class, detail, promotion, etc. An employee should revert to their original AWS once the work assignment outside of their office has ended. For example, if an employee on a 4/10 CWS (with a TOD of Monday through Thursday, 7 a.m. to 5:30 p.m. and Friday as the RDO both weeks of the PP) is assigned to a five-day training class with an 8 a.m. to 4:30 p.m. schedule the first week of the PP, some options the employee could request are:

    1. A regular work schedule with a TOD of Monday through Friday, 8 a.m. to 4:30 p.m. both weeks of the PP,

    2. A maxiflex FWS (if an available option for the employee) with a TOD of Monday through Friday, 8 a.m. to 4:30 p.m. the first week of the PP, and a TOD of Monday through Thursday, 7 a.m. to 5:30 p.m., with Friday as the RDO the second week or

    3. A flexitour with credit hours FWS with a TOD of Monday through Friday, 8 a.m. to 4:30 p.m. both weeks of the PP. Under this FWS, an employee who may need to attend to childcare, eldercare, personal responsibilities, etc., during the second week (non-training week) of the PP may request to earn credit hours for work not related to training and use credit hours on Friday in the second week of the PP.

  3. An employee may request to earn credit hours to complete IRS mandatory briefings or for training that is not required. Credit hours are voluntary and not required to be worked; therefore, employees may request to earn them for optional trainings.

  4. Managers may not approve the earning of credit hours to complete required training because that time does not constitute hours that an employee elects to work. However, FLSA nonexempt employees may be eligible for overtime for required training (5 CFR 551.423). Refer to IRS policy for premium pay in IRM 6.550.2, Premium Pay Under Title 5 and the Fair Labor Standards Act (FLSA) and Compensatory Time Off for Travel, and 5 CFR 550, Subpart A. Also, FLSA exempt employees are not entitled to overtime pay for time spent in training (per 5 CFR 550.111(i).

Examples of ILOH for a Five-Day Workweek

Employee’s Work Schedule If the holiday falls on: Then the ILOH is on the:
Monday - Friday
(Saturday and Sunday nonwork days)
Saturday
Sunday
Preceding Friday
Following Monday
Tuesday - Saturday
(Sunday and Monday nonwork days)
Sunday
Monday
Following Tuesday
Preceding Saturday
Wednesday - Sunday
(Monday and Tuesday nonwork days)
Monday
Tuesday
Preceding Sunday
Following Wednesday
Thursday - Monday
(Tuesday and Wednesday nonwork days)
Tuesday
Wednesday
Preceding Monday
Following Thursday
Friday - Tuesday
(Wednesday and Thursday nonwork days)
Wednesday
Thursday
Preceding Tuesday
Following Friday
Saturday - Wednesday
(Thursday and Friday nonwork days)
Thursday

Friday
Preceding Wednesday
Following Saturday
Sunday - Thursday
(Friday and Saturday nonwork days)
Friday
Saturday
Preceding Thursday
Following Sunday

Examples of ILOH for a Four-Day Workweek

Employee’s Work Schedule If the holiday falls on: Then the ILOH is on the:
Monday - Thursday
(Friday, Saturday and Sunday nonwork days)
Friday

Saturday

Sunday
Preceding Thursday
Preceding Thursday
Following Monday
Tuesday - Friday
(Saturday, Sunday and Monday nonwork days)
Saturday
Sunday
Monday
Preceding Friday
Following Tuesday
Preceding Friday
Wednesday - Saturday
(Sunday, Monday and Tuesday nonwork days)
Sunday

Monday

Tuesday
Following Wednesday
Preceding Saturday
Preceding Saturday
Thursday - Sunday
(Monday, Tuesday and Wednesday nonwork days)
Monday
Tuesday
Wednesday
Preceding Sunday
Preceding Sunday
Following Thursday
Friday - Monday
(Tuesday, Wednesday and Thursday nonwork days)
Tuesday
Wednesday
Thursday
Preceding Monday
Preceding Monday
Following Friday
Saturday - Tuesday
(Wednesday, Thursday and Friday nonwork days)
Wednesday

Thursday

Friday
Preceding Tuesday
Preceding Tuesday
Following Saturday
Sunday - Wednesday
(Thursday, Friday and Saturday nonwork days)
Thursday

Friday

Saturday
Preceding Wednesday
Preceding Wednesday
Following Sunday