Skip to main content

U.S. flag An official website of the United States government

Animal and Plant Health Inspection Service
U.S. Department of Agriculture
USDA FAQ's and resources about coronavirus (COVID-19).  LEARN MORE

HRDG 4610 - Tours of Duty - Section I - Subsection A

Subchapter 4610 - Tours of Duty
Section I - Nonstandard Tours of Duty
Subsection a - First-40-Hour Tours of Duty


Return to 4610 Table of Contents

What is a First-40-Hour Tour?
Updated 04/08

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 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;
  • Employees performing nonovertime work on Sunday are entitled to Sunday premium pay.
  • 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.
What if I schedule the 7th day but the total for the week does not exceed 40 hours?
Updated 04/08

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.

What if I am required to work 10 hours on Friday but I will not complete my 40 hours of work until Saturday?
Updated 04/08

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.
What do I receive if the office is closed for the day due to inclement weather?
Updated 04/08
Updated 07/17

Emergency employees must report for work on time unless directed otherwise by their supervisor.

Non-emergency employees with approved telework agreements are required to telework but will receive up to 2 hours of administrative leave on the day of the closure.

Non-emergency employees without telework agreements will be granted administrative leave for the number of hours they are regularly scheduled to work.

Nonemergency employees on preapproved leave are to use the chart located in HRDG 4630 Absence and Leave Section D subsection b

Return to 4610 Table of Contents

Complementary Content