January 25, 2001                                 

                       

MEMORANDUM

 

TO:                              Community Supervision Services Staff

 

FROM:                        David S. Orr

                                    Associate Director for Human Resources

 

SUBJECT:                   Night Pay for General Schedule Employees

 

REFERENCE:             5 CFR 550.121 and 5 U.S.C. 5545

 

Since our new agency made the transition to federal status last August, a number of issues have arisen regarding pay and time & attendance. In most cases, there are specific laws and regulations which provide necessary guidance.

 

This memorandum is in response to recent questions from supervisors, staff and timekeepers regarding night pay.  Night pay is pay for regularly scheduled work performed at night (defined as between the hours of 6:00pm and 6:00am. Night work is paid at the rate of the employee’s basic pay plus a premium amount of 10% of the base rate.

 

·        It is essential to note that night pay may be paid only when the hours are regularly scheduled (as opposed to occasional or irregular) between the hours of 6 p.m. and 6 a.m.

 

·        Night pay is not permitted for overtime work; i.e., work performed in addition to the regular 8-hour tour of duty (or 9 hours for those on Alternate Work Schedules (AWS).

 

 EXAMPLES:

 

·        If an employee’s regularly-scheduled tour of duty includes 8 or more hours available for work during daytime hours (i.e., between 6 a.m. and 6 p.m.) he or she is not entitled to night pay for additional hours worked between 6 p.m. and 6 a.m.

 

·        If a flexible work schedule (AWS) includes 8 or more hours available for work between 6 a.m. and 6 p.m., the employee is not entitled to night pay for voluntarily working flexible hours between 6 p.m. and 6 a.m.  Since the CSOSA flexible work hours for day work (6 a.m. to 6 p.m.) include 11.5 available hours for LEO’s (6:30 a.m. to 6 p.m.) and 11 available hours for other CSOSA employees (7 a.m. to 6 p.m.) employees are not entitled to night pay for voluntarily working flexible hours between 6 p.m. and 6 a.m.

 

·        An employee is not entitled to night pay while engaging in approved training during the hours of 6:00pm and 6:00am, unless the training takes place at night because the situations that he or she must learn to handle occur only at night.  (See 5 CFR 410.402).

 

Night work must be ordered and/or approved in advance through the supervisory chain of command.  Only then can night pay be authorized on a Time and Attendance (T/A) report. At the present time, situations where CSOSA employees are eligible for night pay should be extremely rare. Supervisors are not to order or approve any regularly scheduled tour of duty which includes night work without the express written permission of the Associate Director or Deputy Associate Director Director for Community Supervision Services.

 

Timekeepers are not authorized to enter night pay onto the payroll system without the appropriate management approval documentation on the T/A.

 

Supervisors are subject to disciplinary action for improperly approving night pay. Employees who improperly receive night pay will be considered to be indebted to the government for unauthorized salary and may be required to reimburse the Agency.

 

If there are any other questions please contact the Office of Human Resources by calling Doreen Smith Gore at 220-5611, Claudette Boddie at 220-5607 or Jeff Walker at 220-5470.

 

 

cc:        Tom Williams, Associate Director, CSS

Paul Girardo, Acting Director, OFM

            Linda Mays, Deputy Associate Director, OHR

Claudette Boddie, Payroll Officer, OHR

            Jeff Walker, Payroll Specialist, OHR

CSS Timekeepers