Page:United States Statutes at Large Volume 96 Part 1.djvu/270

 96 STAT. 228

5 USC 7103. 5 USC 7101 ^^ s^9-

PUBLIC LAW 97-221—JULY 23, 1982 a week which are officially ordered in advance, but does not include credit hours; "(7) 'overtime hours', when used with respect to compressed schedule programs under sections 6127 and 6128 of this title, means any hours in excess of those specified hours which constitute the compressed schedule; and "(8) 'collective bargaining', 'collective bargaining agreement', and 'exclusive representative' have the same meanings given such terms "(A) by section 7103(a) (12), (8), and (16) of this title, respectively, in the case of any unit covered by chapter 71 of this title; and "(B) in the case of any other unit, by the corresponding provisions applicable under the personnel system covering

this unit. 5 USC 6101.

"§ 6122. Flexible schedules; agencies authorized to use "(a) Notwithstanding section 6101 of this title, each agency may establish, in accordance with this subchapter, programs which allow the use of flexible schedules which include— "(1) designated hours and days during which an employee on such a schedule must be present for work; and "(2) designated hours during which an employee on such a schedule may elect the time of such employee's arrival at and departure from work, solely for such purpose or, if and to the extent permitted, for the purpose of accumulating credit hours to reduce the length of the workweek or another workday. An election by an employee referred to in paragraph (2) shall be subject to limitations generally prescribed to ensure that the duties and requirements of the employee's position are fulfilled. "(b) Notwithstanding any other provision of this subchapter, but subject to the terms of any written agreement referred to in section 6130(a) of this title, if the head of an agency determines that any organization within the agency which is participating in a program under subsection (a) is being substantially disrupted in carrying out its functions or is incurring additional costs because of such participation, such agency head may— "(1) restrict the employees' choice of arrival and departure time, "(2) restrict the use of credit hours, or "(3) exclude from such program any employee or group of employees.

"§ 6123. Flexible schedules; computation of premium pay "(a) For purposes of determining compensation for overtime hours in the case of an employee participating in a program under section 6122 of this title— "(1) the head of an agency may, on request of the employee, grant the employee compensatory time off in lieu of payment for such overtime hours, whether or not irregular or occasional in nature and notwithstanding the provisions of sections 5 USC 5542, 5542(a), 5543(a)(1), 5544(a), and 5550 of this title, section 5543, 5544, 5550. 4107(e)(5) of title 38, section 7 of the Fair Labor Standards Act (29 U.S.C. 207), or any other provision of law; or "(2) the employee shall be compensated for such overtime hours in accordance with such provisions, as applicable.

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