Page:United States Statutes at Large Volume 96 Part 1.djvu/271

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PUBLIC LAW 97-000—MMMM. DD, 1982

PUBLIC LAW 97-221—JULY 23, 1982

96 STAT. 229

"(b) Notwithstanding the provisions of law referred to in subsection (a)(1) of this section, a"^ employee shall not be entitled to be compensated for credit hours worked except to the extent authorized under section 6126 of this title or to the extent such employee is allowed to have such hours taken into account with respect to the employee's basic work requirement. "(c)(1) Notwithstanding section 5545(a) of this title, premium pay 5 USC 5545. for nightwork will not be paid to an employee otherwise subject to such section solely because the employee elects to work credit hours, or elects a time of arrival or dep£u*ture, at a time of day for which such premium pay is otherwise authorized, except that— "(A) if an employee is on a flexible schedule under which— "(i) the number of hours during which such employee must be present for work, plus "(ii) the number of hours during which such employee may elect to work credit hours or elect the time of arrival at and departure from work, which occur outside of the nightwork hours designated in or under such section 5545(a) total less than 8 hours, such premium pay shall be paid for those hours which, when combined with such total, do not exceed 8 hours, and "(B) if an employee is on a flexible schedule under which the hours that such employee must be present for work include any hours designated in or under such section 5545(a), such premium pay shall be paid for such hours so designated. "(2) Notwithstanding section 5343(f) of this title, and section 5 USC 5343. 4107(e)(2) of title 38, night differential will not be paid to any employee otherwise subject to either of such sections solely because such employee elects to work credit hours, or elects a time of arrival or departure, at a time of day for which night differentied is otherwise authorized, except that such differential sheill be paid to an employee on a flexible schedule under this subchapter— "(A) in the case of an employee subject to subsection (f) of such section 5343, for which all or a majority of the hours of such schedule for any day fall between the hours specifled in such subsection, or "(B) in the case of an employee subject to subsection (e)(2) of such section 4107, for which 4 hours of such schedule fall ^^ use 4107. between the hours specified in such subsection.

    • § 6124. Flexible schedules; holidays

"Notwithstanding sections 6103 and 6104 of this title, if any 5 USC 6103, employee on a flexible schedule under section 6122 of this title is 6104. relieved or prevented from working on a day designated as a holiday by Federal statute or Executive order, such employee is entitled to pay with respect to that day for 8 hours (or, in the case of a parttime employee, an appropriate portion of the employee's biweekly basic work requirement as determined under regulations prescribed by the Office of Personnel Management).

    • § 6125. Flexible schedules; time-recording devices

"Notwithstanding section 6106 of this title, the Office of Personnel 5 USC 6IO6. Management or any agency may use recording clocks as part of programs under section 6122 of this title.