Training Policy Handbook

Pay of the Employee

• Training as Hours of Work Under FLSA

• Compensatory Time Off Instead of Overtime

• Overtime Pay for Travel

• Overtime Payment for Work in Excess of 40 Hours

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This section addresses the pay of an employee while attending agency approved training. Agencies are reminded that under Title 5: Except as provided in Title 5 CFR §410.402(b), no funds appropriated or otherwise available to an agency may be used for the payment of premium pay to an employee engaged in training .... Title 5 CFR §410.402(a). As a general rule, under Title 5 USC §4109(a)(1) employees may receive neither overtime pay or compensatory time off for time spent in training.

Training as Hours of Work Under FLSA

The prohibition on overtime pay is not applicable to training treated as hours of work under U.S. Office of Personnel Management regulations implementing the Fair Labor Standards Act (FLSA), as amended. For employees subject to the FLSA, time spent in training or preparing for training outside regular working hours shall be considered hours of work for the purpose of computing FLSA overtime if an agency requires the training to:

1. bring performance up to a fully successful, or equivalent level; or

2. provide knowledge or skills to perform new duties and responsibilities in the employee's current position.

See also Title 5 CFR §410.402(d)(1), Title 5 CFR §551.423, Title 29 CFR §785.27 through §785.32

Time spent in training or preparing for training outside regular working hours is not hours of work for employees subject to the FLSA if the training:

1. improves the employee's performance above a fully successful, or equivalent level; or

2. provides the employee with knowledge or skills required for reassignment to another position or advancement to a higher grade in another position.

See also Title 5 CFR §410.402(d)(2), Title 29 CFR §785.27 through §785.32.

Compensatory Time Off Instead of Overtime

Entitlement to compensatory time off depends on entitlement to overtime pay. The Title 5 prohibition on payment of overtime pay for training applies to granting compensatory time off. See Title 5 CFR §550.114, Title 5 CFR §551.423, 39 Comp. Gen. 453 (1959) and Comp. Gen. B-249835 (January 29, 1993).

Overtime Pay for Travel

Eligibility for overtime pay for time spent in travel to and from training is determined by law and regulations concerning hours of work. See Title 5 USC §5542(b)(2), Title 5 CFR §550.112(e) and Comp. Gen. B-165311 (November 12, 1968). Title 5 CFR §551.422 specifies (for FLSA overtime pay for purposes) when time spent traveling is hours of work. See also Title 29 CFR §785.33 through §785.41.

For employees not covered by (exempt from) FLSA overtime pay provisions, overtime pay for travel related to training is usually prohibited. See Title 5 CFR §550.112(g). Time spent in travel status away from the official duty station is not hours of work unless the travel results from an event that could not be scheduled or controlled administratively by the agency.

In 50 Comp. Gen. 519 (1971), the phrase "could not be scheduled or controlled administratively" was determined to mean "the ability of an executive agency to control the event that necessitates an employee's travel." For example, travel is considered hours of work under Title 5 when it results from unforeseen circumstances such as an event that is scheduled by someone or some organization outside the Executive branch of Government. See also 69 Comp. Gen. 545 (1990) .

However, when an outside institution contracts with the Government to conduct a training course, then the event is under the administrative control of the Government. In Comp. Gen. B- 190494 (May 8, 1978), an employee was denied overtime pay for travel on Sunday to attend such a training event. See aslo 66 Comp. Gen 620 (1987).

Overtime Payment for Work in Excess of 40 Hours

The Title 5 CFR §610.123 prohibition on payment of overtime pay for training does not prohibit overtime pay for work performed in excess of 8 hours in a day or 40 hours in a week. See 41 Comp. Gen. 477 (1962).