OPM Provides Guidance on Counting Travel Hours for Federal Employees Returning to Office
As federal agencies prepare to implement their return-to-office plans, the Office of Personnel Management (OPM) has issued new guidance regarding the counting of travel hours for federal employees. With the transition from telework and remote work arrangements to in-office work, it is crucial to clarify when travel time should be considered as hours worked in a day.
While most teleworking and remote employees adhere to set schedules for on-site work, there may be instances where they are unexpectedly required to come into the office. This can complicate the application of rules governing hours of work under Title V or the Fair Labor Standards Act. OPM emphasized the importance of correctly applying these rules to all federal employees, including teleworkers and remote workers, as the federal workplace landscape evolves.
OPM distinguishes between telework and remote work: telework refers to regular and recurring work both at the office and from home, while remote work involves working off-site with no regular reporting to the office. The new guidance aims to assist agencies and employees in understanding when travel time should be counted as hours of work or as commute hours for both teleworkers and remote workers.
The timing and context play a crucial role in determining how travel hours are categorized. Factors such as the requirement or choice to work at the office, working a full or part day, timing of the commute, and whether the office is within the official duty station of a remote worksite are all taken into consideration.
OPM provided various examples to illustrate when travel time should be counted as commute hours or as hours worked. For teleworking employees who are notified by their agency before the start of the workday that they must come to the office, the travel time to and from the office is considered a commute and not part of their working hours. However, if an employee begins their day at home and is required to come to the office during the workday, the time spent traveling from home to the office is counted as hours worked. If the employee chooses to come to the office without being required, then the travel time is considered a commute.
For remote employees, the determination of whether travel hours count as commute or work hours depends on whether the agency’s office is within their official duty station. If a remote worker is asked to report to the office by their agency before the workday begins and the office is within their official duty station, the travel time is treated as commute hours. However, if the agency’s office is located outside the official duty station, the travel time is considered hours worked.
Additionally, if a remote employee voluntarily comes to the office, whether before or during the workday, the time spent traveling is regarded as commute time. Conversely, if an agency requires a remote employee to come to the office, the travel time is classified as hours worked. These scenarios apply only if the remote employee can complete the travel to and from the office within a single day, according to OPM.
It is important to note that OPM’s guidance does not apply to dismissals or closures relating to severe weather conditions, natural disasters, or safety-related emergencies. OPM states that such situations involve the use of weather and safety leave.
With agencies implementing changes to telework and in-office requirements, federal employees should familiarize themselves with the specific guidelines provided by OPM. Understanding how travel time is accounted for can help ensure compliance with hours of work rules and facilitate a smooth transition back to the office environment.
