1. Does the "work" need to be scheduled and assigned or does just the work schedule (PT or FT) need to be known in advance?
If the work schedule (FT/PT) is known in advance, then that includes the days and number of hours to be worked. To be "scheduled" means that this information is put into writing and relayed to the employee before the beginning of an administrative workweek. The work location may be changed once the workweek begins. If you know the tour (FT/PT) for the entire pay period, then you may advise the employee prior to the beginning of the pay period. If you send a FT/PT employee home due to a lack of work, you are still obligated to pay him or her for the number of hours scheduled to work on that particular day.
2. If an employee is scheduled and assigned to work a FT schedule in advance of the first week of the pay period, but the second week cannot be determined in advance, is that an intermittent work schedule?
If the first week is scheduled in advance but the second week cannot be determined, the employee is considered intermittent for the pay period. To keep the employee as FT for the pay period, the Program may consider allowing the employee to take annual leave or LWOP (not enforced leave) the second week of the pay period. The employee may submit a leave request prior to the beginning of the pay period. This principle also applies if the first week is scheduled as FT (i.e., 40 hours) but the second week is scheduled as PT (e.g., 10 hours). The employee is considered PT for the pay period (remember the 6 pay period rule for employees in TG 1 and 2).
In addition, if it is determined during the first week of the pay period that the employee is needed to work for all or part of the second week, any leave scheduled for the second week may be cancelled.
3. If a mixed-tour employee is not scheduled to work a FT work schedule in advance of the upcoming workweek for both weeks of a pay period, would the "lesser" work schedule (intermittent or PT) be coded on the T&A?
Yes. For example, if the first week is scheduled as FT (i.e., 40 hours), but the second week is scheduled as PT (e.g., 8 hours), the employee is considered PT for the pay period even if the employee is ordered to work additional hours the second week. See question #2 above.
4. If a TG 1 or 2 mixed-tour employee has worked 6 pay periods under a PT work schedule and is coded as PT on his/her T&A for those pay periods, and the same work schedule is expected for the next several pay periods, how is that employee converted to a permanent PT employee from a mixed-tour employee?
Converting a mixed tour employee to a permanent PT employee does not require an SF-52. The HR Processing Staff processes a correction to the last action to remove the mixed tour special employee code (81) from the payroll system.
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The employee is currently coded as working e.g., PT under the mixed tour program and is moving into a permanent PT position, |
Send an email to your servicing HR specialist requesting that an employee be removed from the mixed tour program. Include an effective date and the reason(s) why.
A correction to the last action in the payroll database for that employee will be processed. The Notification of Personnel Action will include the following remark, "action processed to remove employee from mixed tour of duty effective (date)." |
The employee is still coded as a mixed tour employee rather than the new tour, e.g., presently shown as Intermittent (INT) under mixed tour but will be permanent PT, |
Before sending the above email, change the employee's work schedule in the T&A system (e.g., INT to PT).
A correction to the last action in the payroll database for that employee will be processed. The Notification of Personnel Action will include the following remark, "action processed to remove employee from mixed tour of duty effective (date)."
Remember to advise the servicing HR specialist in an email that you made the change to the employee's T&A. |
Note: To take this action, you must have developed and applied an impartial way of deciding who gets the position. The person placed in this position is permanently removed from the mixed tour program. Please consult with your servicing HR Staffing Specialist for assistance.
Note: Any permanent PT work for TG 1 or 2 employees must be 16-32 hours per week. More than 32 hours of work per week may be allowed on an infrequent basis. Also see question #7 below.
5. If prior to the beginning of a pay period, a Program schedules a mixed-tour employee as PT for the entire pay period (e.g., 36 hours each week of a pay period), but, due to work demands, the employee actually works 40 hours each week of the pay period, will the T&A system allow the employee to be coded as PT?
Yes, the T&A system will allow the employee to be coded as PT. The employee will accrue sick leave and annual leave based on the actual number of hours in pay status, not the number of hours scheduled to work. For guidance on health benefits implications, see the "Establishing Work Schedules" section above.
6. In order to keep a TG 1 or 2 mixed tour employee as mixed tour rather than convert him/her to a permanent PT position, can a Program refrain from working the employee on a PT work schedule once he or she has worked PT for 6 pay periods in a calendar year?
Yes, under mixed tours, a TG 1 or 2 employee may only work as FT or Intermittent for the remainder of the calendar year. If a TG 1 or 2 employee were to be converted from mixed-tour to PT during the 7th pay period then the employee would be considered a permanent PT employee.
If a Program determines that PT work of less than 16 hours per week is needed, the Program may request that HR obtain an exception to the PT rules. In such a scenario, a TG 1 or 2 employee is permanently removed from the mixed tour program and placed under PT with a guaranteed number of hours of work per week that are less than 16 - 32 e.g., 8 hours of work per week. Also see question #7 below. Remember, that an impartial way of deciding who gets the position must be developed. The Program should consult with the servicing HR Staffing Specialist for assistance.
7. What are the conditions for the exception to the definition of "part-time" for TG 1 or 2 mixed tour employees who regularly work between 1-15 hours per week?
If OHCM approves an exception, then the TG 1 or 2 mixed tour employee is removed from mixed tour, placed under a PT work schedule and is regularly scheduled to work a specific number of hours per pay period, (e.g., 5 hours per week, 10 hours per pay period). Each pay period, the work location and specific hours (e.g., 6 am to 11 am or 2 pm to 7 pm) may change but the minimum guaranteed 10 hours per pay period under e.g., a standard tour, for example, will not. The particular day that such an employee works may also vary from week to week. The exception may be for a particular position or group of positions within a particular office, as appropriate. An employee in such a position may be permitted to work more hours on an infrequent basis.
If an exception is granted, health benefits will not be prorated. The Government must pay its share and the employee pays the non-prorated share. In terms of retirement, the employee receives credit for PT work (service credit is prorated).
8. Does a TG 1 or 2 mixed tour employee working more than 32 hours per week but less than 40 hours require an exception similar to the TG 1 or 2 PT employee who regularly works 1-15 hours?
No. A TG 1 or 2 mixed-tour employee may work a PT work schedule of between 33-39 hours a week for up to 6 pay periods per calendar year. Once the 6 pay periods has been reached, FPM Letter 340-2, dated 5/4/84, states that there is no authority to allow 33 - 39 hours of work per week under the PT Career Employment Act or as an exception to the Act (if a waiver were obtained). This means that if a TG 1 or 2 mixed tour employee works 6 pay periods as PT then he or she must either be converted to PT (and follow the 16-32 hours per week rule) or remain on a mixed tour work schedule and work only FT or Intermittent for the remainder of the calendar year. Also see question #6 above.
9. If a mixed-tour employee is assigned to work between 33-39 hours per week, are the health benefits prorated?
If a mixed-tour employee works 33-39 hours per week, then the health benefits are not prorated. Health benefits are prorated for 16-32 hours of work per week except as explained in the "Establishing Work Schedules" section above.
10. Once a TG 1 or 2 mixed-tour employee is converted from a mixed-tour work schedule to PT, is that permanent or only for that calendar year?
It is a permanent change.
11. Once a mixed-tour employee is scheduled to work a certain number of hours in advance of the upcoming workweek, can he/she work more hours than the scheduled number of hours?
Yes, he/she may work more hours. Depending on the situation, it may be regular time or overtime (OT). OT would be any work performed that is over 8 hours in a day or over 40 hours in an administrative workweek.
12. May a TG 0 or 3 mixed tour employee be regularly scheduled to work between 1-39 hours per week for the duration of their appointment?
Yes.
13. If a mixed tour employee works a PT work schedule of between 1-39 hours of scheduled and assigned hours each week (a different number each week), does an SF-52 need to be submitted for every pay period that the Program changes the number of hours that employee is scheduled and assigned to work?
No, according to Chapter 24 of the Guide to Processing Personnel Actions, a "change in hours action" must be processed when the change in hours will be effective for two or more pay periods. Therefore, you must submit an SF-52 to document any change in PT hours that will be in effect for two or more pay periods. An SF-52 is not required ff you cannot determine if the increase or decrease in hours will be effective for more than one pay period. Also see the "Documentation" section above.
14. Can a FT mixed tour employee be assigned to a tour without definite hours of duty (e.g., a first 40-hour tour of duty)?
A mixed tour employee may not be placed on a 1st 40 or 1st 8 tour because his/her tour is a "mixed tour" of duty. To place an employee under a 1st 40 tour, he or she must be taken off of mixed tour and assigned to a 1st 40 tour. In such a scenario, the employee is guaranteed 40 hours of work per week and is no longer mixed tour.
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