U.S. Office of Personnel Management - Ensuring the Federal Government has an effective civilian workforce

Emergency Situations That Restrict Employees to Their Agency's Premises
"Shelter in Place"

The following guidance is intended to assist you in emergency situations that require restricting employees to their agency's premises for periods that extend beyond their normal tour of duty. We encourage you to review the Office of Personnel Management's (OPM's) Emergency Preparedness Guides, which are available at http://www.opm.gov/emergency/.

Overtime Pay For Standby Duty

In an emergency, employees may be restricted to their agency's premises for periods that extend beyond their normal tour of duty. Most employees will not be entitled to any additional pay for this extended period. However, employees who are required to remain in a state of readiness to perform work during this extended period may be entitled to overtime pay for standby duty.

The rules on standby duty are found in 5 CFR § 550.112(k), for employees who are exempt from the Fair Labor Standards Act (FLSA), and in 5 CFR § 551.431, for FLSA-covered employees. The key issue in determining whether an employee is entitled to overtime pay for standby duty is the nature of the restrictions placed on the employee. An employee is in a standby duty status if, for work-related reasons-

1. the employee is restricted by official order to a designated post of duty, and

2. the employee is assigned to be in a state of readiness to perform work with limitations on the employee's activities so substantial that the employee cannot use the time effectively for his or her own purposes.

If an employee is actually on duty for a 24-hour shift and meets the requirements in OPM's regulations for standby duty pay, he or she is entitled to receive pay for at least 16 hours (8 hours of basic pay and 8 hours of overtime pay) of the 24-hour shift. Up to 8 hours of sleep and meal time may be excluded from a 24-hour shift as long as the employee has a reasonable opportunity to sleep. (See 5 CFR § 550.112(m) and 5 CFR § 551.432.)

If an employee is relieved from duty with minimal restrictions on personal activities, although limited in where he or she may go, the employee may be placed off duty. If an employee is off duty, the off-duty hours are not compensable. The Comptroller General has ruled that periods of time during which an employee is required to remain at a work location are not considered compensable hours of work if the employee is detained for reasons that are not under the control of the agency or are not related to work requirements. (See Comp. Gen. opinion B-187181, October 17, 1977.)

Employees receiving overtime pay for standby duty continue to be subject to the biweekly and annual limitations on premium pay. Section 5547 of title 5, United States Code, provides that an employee may receive premium pay only to the extent that the payment of premium pay does not cause the total amount of basic pay plus premium pay (including overtime, night, Sunday, and holiday premium pay) in any biweekly pay period to exceed the greater of the biweekly rate for (1) GS-15, step 10 (including any applicable special salary rate or locality rate of pay), or (2) the rate for level V of the Executive Schedule. In certain emergency or mission-critical situations, an agency may apply an annual premium pay cap instead of the biweekly premium pay cap, subject to the conditions provided in law and regulation. (See 5 U.S.C. § 5547(b) and 5 CFR § 550.106-550.107.) Additional information on the Biweekly Pay Caps on Premium Pay is available at http://www.opm.gov/oca/pay/HTML/factindx.asp.

Disciplinary Actions When Employee Refuses To Stay On Agency Premises

As in any circumstance, Federal employees must follow their supervisors' orders during emergency situations. Just as in non-emergency situations, failure to follow orders may subject the employee to discipline, up to and including removal.

For further information see:

• Washington, DC, Area Dismissal or Closure Procedures, Memorandum
• Washington, DC, Area Dismissal or Closure Procedures, Guidance [946 KB]
• Handbook On Pay and Leave Benefits For Federal Employees Affected By Severe Weather Emergencies or Other Emergency Situations [1 MB]

Fact Sheets

• Emergency Situations that Prevent Employees from Reporting for Work
• Emergency Situations that Restrict Employees to their Agency's Premises ("Shelter in Place")