(a) The 1985 Amendments provide that employees may volunteer hours
of service to their public employer or agency provided ``such services
are not the same type of services which the individual is employed to
perform for such public agency.'' Employees may volunteer their services
in one capacity or another without contemplation of pay for services
rendered. The phrase ``same type of services'' means similar or
identical services. In general, the Administrator will consider, but not
as the only criteria, the duties and other factors contained in the
definitions of the 3-digit categories of occupations in the Dictionary
of Occupational Titles in determining whether the volunteer activities
constitute the ``same type of services'' as the employment activities.
Equally important in such a determination will be the consideration of
all the facts and circumstances in a particular case, including whether
the volunteer service is closely related to the actual duties performed
by or responsibilities assigned to the employee.
(b) An example of an individual performing services which constitute
the ``same type of services'' is a nurse employed by a State hospital
who proposes to volunteer to perform nursing services at a State-
operated health clinic which does not qualify as a separate public
agency as discussed in
Sec. 553.102. Similarly, a firefighter cannot volunteer as a firefighter
for the same public agency.
(c) Examples of volunteer services which do not constitute the
``same type of services'' include: A city police officer who volunteers
as a part-time referee in a basketball league sponsored by the city; an
employee of the city parks department who serves as a volunteer city
firefighter; and an office employee of a city hospital or other health
care institution who volunteers to spend time with a disabled or elderly
person in the same institution during off duty hours as an act of
charity.
