[Code of Federal Regulations]
[Title 5, Volume 1, Parts 1 to 699]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR551.423]

[Page 572-573]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 551--PAY ADMINISTRATION UNDER THE FAIR LABOR STANDARDS ACT--Table of Contents
 
                        Subpart D--Hours of Work
 
Sec. 551.423  Time spent in training or attending a lecture, meeting, or conference.

    (a) Time spent in training, whether or not it is under the purview 
of part 410 of this chapter, shall be administered as follows:
    (1) Time spent in training during regular working hours shall be 
considered hours of work.
    (2) Time spent in training outside regular working hours shall be 
considered hours of work if:

[[Page 573]]

    (i) The employee is directed to participate in the training by his 
or her employing agency; and
    (ii) The purpose of the training is to improve the employee's 
performance of the duties and responsibilities of his or her current 
position.
    (3) Time spent in apprenticeship or other entry level training, or 
internship or other career related work study training, or training 
under the Veterans Readjustment Act (5 CFR part 307) outside regular 
working hours shall not be considered hours of work, provided no 
productive work is performed during such periods, except as provided by 
Sec. 410.402(b) of this chapter and paragraphs (f) and (g) of 
Sec. 551.401.
    (4) Time spent by an employee performing work for the agency during 
a period of training shall be considered hours of work.
    (b) The following phrases contained in paragraph (a) of this 
section, are further clarified:
    (1) Directed to participate means that the training is required by 
the agency and the employee's performance or continued retention in his 
or her current position will be adversely affected by nonenrollment in 
such training. The fact that an agency pays for all or part of the 
expenses of training does not create an entitlement to overtime hours of 
work unless participation in the training is directed by the agency.
    (2) Training ``to improve the employee's performance * * * of his or 
her current position'' is distinguished from upward mobility training or 
developmental training to provide an employee the knowledge or skills 
needed for a subsequent position in the same career field.
    (c) Time spent by an employee within an agency's allowance of 
preparatory time for attendance at training shall be considered hours of 
work if such preparatory time is:
    (1) During an employee's regular working hours; or
    (2) Outside the employee's regular working hours, and the purpose of 
the training meets the requirements of paragraph (a)(2) of this section.
    (d) Time spent attending a lecture, meeting, or conference shall be 
considered hours of work if attendance is:
    (1) During an employee's regular working hours; or
    (2) Outside an employee's regular working hours, and
    (i) The employee is directed by an agency to attend such an event; 
or
    (ii) The employee performs work for the benefit of the agency during 
such attendance.

[45 FR 85664, Dec. 30, 1980, as amended at 64 FR 69180, Dec. 10, 1999]