Comparision of Title 38 and Title 5 Premium Pay Provisions
PROVISION |
TITLE 38 |
TITLE 5 |
CALCULATION OF PREMIUM HOURLY RATE OF BASIC PAY |
Annual Rate of Pay divided by 2080. |
Annual Rate of Pay divided by 2087. |
BASIC OVERTIME RATE |
One and one-half times the employee's Premium Hourly Rate of Basic Pay. |
One and one-half times the employee's hourly rate of basic pay, not-to-exceed one and one-half times the basic rate of GS-10 step 1, or the employee's hourly rate of pay, whichever is higher (as of 5/13/04) |
HOLIDAY PAY |
Double the employee's Premium Hourly Rate of Basic Pay for all hours worked on a holiday, including overtime hours. |
Double the employee's hourly rate of pay for non-overtime hours worked on a holiday. |
NIGHT DIFFERENTIAL |
10 percent of the employee's Premium Hourly Rate of Basic Pay for the entire tour if at least 4 hours of a tour fall between 6:00 p.m. and 6:00 a.m. 10 percent for each hour if less than 4 hours falls within 6:00 p.m. to 6:00 a.m. |
10 percent for each hour of regularly scheduled work performed between the hours of 6:00 p.m. and 6:00 a.m. |
SUNDAY DIFFERENTIAL |
25 percent of the employee's Premium Hourly Rate of Pay for an entire scheduled tour, including paid leave and overtime, that includes service between midnight on Saturday and midnight on Sunday. Part-time employees are eligible for Sunday differential. |
25 percent for the entire tour of non-overtime hours that includes regularly scheduled service between midnight on Saturday and midnight on Sunday. Part-time employees are not eligible for Sunday differential. |
SATURDAY DIFFERENTIAL |
25 percent of the employee's Premium Hourly Rate of Pay for an entire scheduled tour, including paid leave and overtime, that includes service between midnight on Friday and midnight on Saturday. |
No authorization for Saturday differential. |
ON-CALL PAY |
10 percent of the employee's base overtime rate for each hour of on-call duty on a designated Federal holiday or for overtime on-call duty. |
No authorization for on-call pay. |
CALL-BACK OVERTIME |
Minimum of two hours of overtime pay for each call-back to the worksite. |
Minimum of two hours of overtime pay for each call-back to the worksite. |
BAYLOR PLAN |
40 hours of the employee's basic hourly rate of pay for completion of 24 Baylor hours worked in two twelve-hour shifts contained entirely within midnight Friday to midnight Sunday. |
No authorization for the Baylor Plan. |
INTERRELATIONSHIP OF PREMIUM PAYS |
Non-Baylor employees are eligible to receive two or more types of premium pay for the same period of service, except that holiday pay is paid for overtime hours instead of the base overtime rate. |
Differs by combination of provisions, but generally more restrictive, e.g., Sunday differential may not be paid for overtime hours. |
PREMIUM PAY LIMITATION |
Total aggregate pay is limited in any one pay period to level V of the Executive Schedule. ($4807.20 in 2003) |
Total aggregate pay is limited in any one pay period to level V of the Executive Schedule .($4807.20 in 2003) |
CHANGE TO ONE OR MORE PREMIUM PAY RATES |
HHS can approve changes to premium rates of pay |
Requires statutory change. |
