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: Is the deduction of normal commute time supposed to be deducted from compensatory time whether the travel is on a normal duty day or not? A: Yes, your normal home-to-work and work-to-home commuting time will always be subtracted from the amount of compensatory time you receive for official travel to/from your home to a temporary duty station. 5 C.F.R. § 1504(c). Bill Bransford is managing partner of Shaw, Bransford &…
Browsing: TDY
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: 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.? A: As addressed in our article “TDY and Comp.…
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: Is an employee entitled to compensatory time for hours worked above the normal tour of duty of eight hours after arriving at a TDY site? A: An employee on a TDY is only entitled to compensatory time off “for time in a travel status away from the employee’s official duty station when the travel time is not otherwise compensable.” 5 C.F.R. § 55.1401 (emphasis added); see 5 C.F.R. § 550.1403…
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 a civilian employee and am required to attend mandatory training for three months at a location far away from my home. My meals, lodging and travel expenses are covered. Am I entitled to Family Separation Allowance or any other compensation for TDY? A: No. Family Separation Allowance is not available for civilian employees; rather, Family Separation Allowance is only payable to active-duty service members with dependents away from…
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: What is the rule for paying overtime to an employee while on travel status? A: Pursuant to 5 U.S.C. § 5542(b)(2) and 5 C.F.R. § 550.112(g), official travel away from one’s duty station is considered hours of work, including overtime hours when applicable, if: the travel occurs within the regularly scheduled work week; or the travel includes the performance of work while traveling, is incident to travel that involves the…
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: Sometimes I am required to travel outside my normal duty hours to perform work at different base that may require the travel to start at 4:30 AM and return to my place of duty after 5PM. This isn’t on TDY but must be done in order to meet the contractors at the site they are working so I can provide COR over site. I have been told that all travel…
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: If I am on TDY in Japan and already have overtime hours on the current pay period, can I travel to other countries on my own expense during the same pay period? A: Although I cannot determine all the facts from your question, I assume that you are asking if you can take leave for personal travel once you have completed your requisite number of hours while on an international…
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: If I have to work a half day or more at locations that are 60 miles or greater from my normal place of work, can I be authorized for TDY? A: In order for your visits to other locations throughout the city to qualify as a TDY (and for you to gain compensatory time for travel to/from a temporary duty station), one must travel outside their “official duty station.” Your…
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 recently filed a travel voucher with my agency following my return from leave and temporary duty. I purchased airline miles with my credit card and applied the miles toward my airfare. I used the airfare for my leave, but stopped at a TDY location on the way home. I was told that GAO doesn’t recognize airline miles and would not reimburse my ticket to the TDY location. Is this…
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: Our supervisor wants us to account for all hours on a TDY travel day. If the work/hours do not account for 8 hours, we’re supposed to take leave or go into the office. To accommodate people at a TDY site, we usually start work later than our normal duty hours. Our supervisor also wants us to add up all the hours we work and travel in the day and anything…