Q & A Session – Compensatory Time for Time Away from Home


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.


If a federal employee is required to conduct Temporary Duty (TDY) over a ten day period and is required to stay on location on Saturday and Sunday, does he receive compensatory time for his time away from home over the weekend? Because airfare is expensive, I am required to stay at the TDY location.


Compensable time off for traveling is authorized when an employee is actually in travel status and is not free to use his time as he pleases. Additionally, in some instances, compensable time off may be granted where an employee is on standby and prohibited from leaving the worksite so that he may respond quickly to a duty which may arise.

From your question, it sounds as though you were free to use your time as you wanted and that you were not on standby. Accordingly, you are not entitled to compensatory time off.

However, you are entitled to per diem for your weekend under 41 C.F.R. §301-11.21.

Bill Bransford is managing partner of Shaw Bransford & Roth PC.

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About Author

Debra Roth

Debra L. Roth is a partner at the law firm Shaw Bransford & Roth, a federal employment law firm in Washington, D.C. She is general counsel to the Senior Executives Association and the Federal Managers Association, host of the “FEDtalk” program on Federal News Radio, and a regular contributor to Federal News Radio’s “Federal Drive” morning show. Email your legal questions to lawyer@federaltimes.com.

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