MRPBS Publications - Human Resources Desk Guide
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Printable Version
Subchapter 4610 - Tours of Duty
Section I - Nonstandard Tours of Duty
Subsection a - First-40-Hour Tours of Duty
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What is a First-40-Hour Tour?

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Sometimes conditions prevent advance determination of the specific work hours, the number of hours per day, and/or the specified workdays. In such cases, the agency may designate the first 40 hours of the administrative workweek in a pay status as an employee’s basic workweek. The first 40 hours in a pay status are considered regularly scheduled for premium pay and hours of duty purposes.
The following rules apply:
- For planning purposes, the The supervisor must designate in advance of the start of the administrative workweek the days of the week that will constitute the employee’s basic workweek;
Note: The employee may or may not be called to work on all of the days designated as part of the employee’s basic workweek;
- the basic workweek must not consist of more than 6 days of the administrative workweek;
- Another day off in lieu of Sunday must be designated in advance by the supervisor for these employees;
- Since the first 40 hours must occur over not more than 6 days of the administrative workweek, any time worked on the seventh day is considered overtime, regardless of whether the 40-hour requirement has been met;
- Night differential is paid for all nonovertime work occurring between the hours of 6pm and 6am;
- Night differential is not paid for more than 40 hours of work in an administrative workweek because the overtime is considered irregular and occasional; and
- Credit will be applied toward the first 40 hours for holidays, compensatory time, and paid leave. Leave is charged based on the hours scheduled to work on a particular day. Leave of absence during the workday for personal reasons (such as gliding core time deviations used under maxiflex) is not permitted without a charge to the appropriate leave category.
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What if I schedule the 7th day but the total for the week does not exceed 40 hours?
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Under 1st 40, the basic work week must be completed within 6 days. Any work performed on the 7th day is in addition to the basic work week and must be paid as irregular or occasional overtime (OT) work.
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What if I am required to work 10 hours on Friday but I will not complete my 40 hours of work until Saturday?
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Regardless of FLSA status, in this type of scenario, you are only entitled to OT for work in excess of 8 hours in a day that is ordered and approved if:
- Your rate of pay is at or below a GS-10 step 1 (including any applicable locality payment or special rate supplement), and
- You are not performing professional, technical engineering, or scientific activities.
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What do I receive if the office is closed for the day due to inclement weather?
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If the office is closed due to inclement weather and you would otherwise be at work, your supervisor may grant you up to 8 hours excused absence for that day.
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