The flexitour with credit hours option divides the workday into core time (see above) and flexible time. Under the flexitour program, each employee must be present during core time (except for the usual lunch break), and the employee must work the regular number of hours each day, i.e., an eight hour day (excluding lunch) and a 40-hour week in the case of a full-time employee. Beyond these minimal requirements, the precise working hours of each employee may be established individually under the procedures as explained below. Except in those instances where annual, sick, or other approved leave is granted, an employee is required to work an 8.5 hour tour of duty.

Employees must have schedules which are established in advance and it is not permissible under these procedures for an employee to work ten hours one day and six the next in order to average eight hours for each day. Although a flexible work schedule provides an employee a measure of control over their own working hours, a flexitour with credit hours schedule in no way affects an employee's right to use annual or sick leave and does not change the supervisor's authority to approve the scheduling of leave.

Employees may, with supervisory approval, work within a time frame of 6:30 a.m.— 6:30 p.m., with flex times from 6:30 a.m.— 10:00 a.m. and 3:00 p.m.— 6:30 p.m.

The 5/4/9 option is a bi-weekly pay period schedule consisting of nine workdays and one day off. Eight workdays are 9.5 hours and one workday is 8.5 hours.

An employee working on a 5/4/9 work schedule may elect a starting time between 6:00 a.m. and 10:00 a.m. Any employee working a 5/4/9 option must have a work schedule that has them present at work during the daily core hours of 10:00 a.m. to 3:00 p.m. for each of the nine workdays.

By statute, credit hours cannot be earned under this election.

An employee taking annual or sick leave on a regularly scheduled 9-hour day must be charged nine hours leave for that day.

An "off" day can only be substituted within the same pay period, and all such requests should be carefully considered.

Conflicts for "off" days are resolved by an employee's service computation date.

If an employee's "off" day falls on an official holiday, the "off" day remains the same, but the employee takes the preceding workday off as an in-lieu of holiday.

Members of the Senior Executive Service (SES) may not elect a 5/4/9 schedule and may not earn credit hours.

Executives who are SES members may work a variable work schedule. The variable work schedule option permits SES members to complete their biweekly work hour requirement in less than 10 workdays (excluding holidays), vary their times of arrival and departure, and/or vary the number of hours worked each day, (e.g. an executive anticipates that it will be necessary to work on a Saturday and/or a Sunday to deliver a critical project timely, that executive can email his/her manager describing the necessity to work and request approval of a variable work schedule).

The variable work schedule allows for a temporary variation in work schedule only and should generally be granted for no more than one pay period.

A variable work schedule must be requested in writing by the executive or his/her immediate manager in advance of its use.

The requester must document the reason(s) why a temporary variable work schedule is warranted.

Requests must be approved by the appropriate Deputy Chief Counsel (Technical or Operations).

Approval or disapproval of the request is at management’s discretion.

The variable work schedule option must be documented in the SETR system using the special alternate work schedule (AWS) "EXEC" .

All employees have the ability to request a work schedule option, subject to the conditions described in this subsection.

To the extent possible, and recognizing that there must be attorney and clerical coverage of Associate and field offices during hours set by management in that particular office, each employee may (with the approval of the employee’s first line manager/approving official), elect their beginning and quitting times within the following framework:

Under all work schedule options, the core time is 10:00 a.m. to 3:00 p.m. The customary lunch break must be taken during core time, as specified above.

Changes to alternative work schedule options may only be done quarterly. Changes will be submitted on Form 10911-A, Alternative Work Schedule (AWS) Request, Office of Chief Counsel.

Managers have the right to restrict an employee's election in order to have adequate office coverage.

Grade 15 managers and Senior Level (SL) employees may not elect a 5/4/9 schedule.

Employees who abuse the guidelines under any of the tours of duty are subject to disciplinary action (as would be true with respect to abuse of any established period of duty). This would include revocation of alternative work schedule options.

Except as described in paragraph (3) above, part-time employment is a regularly scheduled tour of duty, set in advance, of at least 16 hours but no more than 32 hours per week. Managers have the authority to set hours for part-time employees, but the hours must be within the flexible time bands shown in Exhibit 30.4.7-1, Tour of Duty Chart, Core Hours and Flexible Band. All other relevant provisions of this section also apply to part-time employees.

An employee desiring a change in employment from full-time to part-time should consult with the Human Resources Division for the purpose of determining the effects such a change will have on their rights and benefits.

If an employee desires to pursue the matter, he/she should submit a Form 13627, Request for Change in Work Schedule from Full-Time to Part-Time Employment, to their supervisor.

In approving a request, management will weigh the employee’s request and the needs of the Office against the following criteria:

If approved, a SF 52, Request for Personnel Action, must be submitted.

Occasional changes in the arrangement of days and hours are permissible to meet the needs of the participating Office or the employee. Two general criteria apply in making such changes:

An increase of an employee’s tour of duty above 32 hours per week may not extend more than two consecutive pay periods.

A part-time employee with a tour of duty of six hours or less in a day does not include a lunch period for that day. Similarly, if a part-time employee has a tour of duty of 7 or 8 hours in a day the tour of duty for that day should include a lunch break.

Although an employee who accepts a part-time position has no right to return to a full time position, the Office will grant the request if consistent with workload, staffing and budget requirements and if the employee’s most recent performance rating of record is fully successful or better.

When an employee is returned to a full-time schedule, the employee will be returned in the same or similar position at the same grade and step.