Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.
When an employee is in TDY status, should the employee be paid for the travel time he or she in a government vehicle if it is outside of normal working hours? If an employee has a start time of 6:00 a.m. are they required to report to the vessel at 6 a.m. or start travel to the vessel at 6 a.m.?
As addressed in our article “TDY and Comp. Time: What Are the Rules?” a federal employee is entitled to compensatory time for travel beyond their official duty station, occurring outside their normal duty hours.
For purposes of compensatory time, an employee’s official duty station is a reasonable geographic area surrounding the work site, as designated by the agency, but not to exceed a mileage radius of 50 miles. As such, just because you are on a “TDY,” or temporary detail assignment, does not necessarily mean that you are on a travel status away from your official duty station. If you are not beyond your official duty station, then you are not entitled to compensatory time for travel.
Regarding your second question, since your tour of duty begins at 6:00am, you are required to be at the work site at 6:00am, but may be entitled to compensatory time for your travel to/from the worksite, depending whether or not you are in a travel status. For more a more detailed explanation, please see our article titled, “TDY and Comp. Time: What Are the Rules?” for more information regarding your question.
Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.
Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.