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B-258316 1 (1995-06-02)

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B-258316


June 2, 1995



Mr. William A. Smoot, Jr.
National Aeronautics
  and Space Administration
BFH Payroll Unit
300 E Street SW
Washington, DC 20546

Dear Mr. Smoot:

This responds to your August 23, 1994, letter requesting a decision whether a proposed
work schedule complies with applicable laws and regulations. You state that your agency
is trying to be innovative and flexible per the President's July 11, 1994, memorandum
concerning expanding family-friendly work arrangements in the Executive Branch,' but
you have concerns regarding the proposed work schedule discussed below.

The request concerns a first 40-hour employee, that is one for whom it is impracticable
to prescribe a regular schedule of definite hours of duty for each workday and, thus,
whose first 40 hours of duty performed within the workweek is considered the employee's
administrative workweek. You state that the employee involved would like to work his
first 40 hours anytime during the first week of the pay period and then take 40 hours of
annual leave the second week of the pay period. Under such an arrangement, the
employee could, for example, work from Sunday through Wednesday the first week, be
off without charge to leave on Thursday and Friday (and we presume on Saturday), and
with the 40 hours of leave, the employee would be off the entire second week of the pay
period. For the first week of the next pay period, the employee would not begin to work
until either Wednesday or Thursday without charging annual leave for the beginning of the
week. Under this proposal, as we understand it, the employee could be off work


1The President's July 11, 1994, Memorandum for the Heads of Executive Departments
and Agencies encourages the broad use of flexible work arrangements. However, by its
own terms, this memorandum does not create any right or benefit, substantive or
procedural against the United States.

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