Overtime
Title 38 for Nurses and Allied Health Employees
Purpose of Authority
To compensate nurse and allied health employees at one and a half times the hourly premium rate for overtime hours worked.
Who is Eligible?
Employees assigned to Title 38 occupations for whom overtime work has been ordered and approved in advance. (See the Title 38 Occupational Coverage Chart)
Provisions
Title 38 employees receive overtime pay for each hour of overtime worked that has been ordered and approved in advance by the supervisor. T38 overtime need not be scheduled before the beginning of the administrative workweek.
The overtime pay rate for Title 38 employees is one and one-half times the hourly premium rate of pay. The hourly premium rate is computed by dividing the employee's annual rate of basic pay divided by 2080. Unlike overtime for other GS employees, there is no grade limitation on the Title 38 overtime pay rate, e.g., GS-10/1 for Title 5 premium pay.
Title 38 employees working standard schedules and part-time employees receive Title 38 overtime pay for approved work in excess of eight hours per day or forty hours in an administrative workweek.
Employees on compressed work schedules receive Title 38 overtime pay for work in excess of the hours specified in their schedule if these hours are more than 8 hours in one day or 40 hours in an administrative workweek. For example, an employee who participates in a compressed work schedule of 4 ten-hour workdays in one week, will receive Title 38 overtime pay for hours in excess of ten hours in one day or forty hours in the week.
Overtime performed on a holiday is paid at the Title 38 Holiday rate (2 times the hourly premium rate) rather than at the overtime rate.
Call-back work that is worked on an overtime basis is paid at the overtime rate.
Compensatory time-off - At the written request of an employee and with the supervisor’s approval, compensatory time-off may be substituted for earned overtime pay. The amount of compensatory time-off earned will equal the amount of time worked in overtime status, i.e., one hour of overtime worked for one hour of compensatory time-off, except for:
- Call-back overtime, for which the employee is entitled to a minimum of 2 hours of compensatory time-off for each call back
Compensatory time-off must be earned before it can be used. If compensatory time-off is not used within 8 pay periods of the time it is earned, it will be paid to the employee at the employee’s overtime rate of pay.
Restrictions
Leave without pay (LWOP) or other non-paid absences are not included when computing hours of work for overtime purposes.
Record-Keeping
Overtime hours must be recorded in writing.
Definitions
- Administrative Workweek
Seven consecutive calendar days beginning at 12:00 am Sunday and ending at midnight the following Saturday. - Compensatory Time-Off (Comp Time)
Time off in lieu of overtime pay for overtime worked. - Compressed Schedule
A non-standard tour of duty in which 80 hours of work is scheduled for fewer than 10 days in a biweekly pay period. - Hourly Premium Rate
The annual rate of basic pay divided by 2080. - Hourly Rate of Basic Pay
The annual rate of basic pay divided by 2087. - Overtime Pay Rate
1.5 times the hourly premium rate of pay. - Overtime Work
For an employee working a non-compressed schedule, hours in excess of 8 hours per day or forty hours in an administrative workweek or, for an employee working a compressed work schedule, hours in excess of the hours specified in their schedule if these hours are more than 8 hours in one day or 40 hours in an administrative workweek. - Standard Schedule
A tour of duty consisting of 8 hours a day, Monday through Friday.
