Q & A Session – Compensatory Time for Travel on a Temporary Assignment

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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.

Q:

I am temporarily stationed for duty in North Carolina. Previously, I was temporarily assigned to a duty station in Kuwait. Even though I am on a temporary assignment, I have been ordered to occasionally travel. I believe I am eligible for compensatory time when I travel, is that correct?

A:

Your assumption is correct if your travel otherwise makes you eligible to receive compensatory time. Under 5 C.F.R. §550.1404, it is generally the case that if an employee is required to travel away from her official duty station, in your case a temporary duty station, and the travel time is not otherwise compensable (e.g., the time did not fall within regular duty hours), the Agency must provide the employee with creditable time off. The fact that you are at a temporary duty station does not change your eligibility for compensatory time related to travel.

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

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