C.F.R. » Title 5 » CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT › SUBCHAPTER B—CIVIL SERVICE REGULATIONS › PART 591—ALLOWANCES AND DIFFERENTIALS › Subpart C—Allowance Based on Duty at Remote Worksites

5 C.F.R. § 591.306

Employee eligibility for an allowance

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(a) An authorized allowance rate shall be paid to each employee with a permanent duty station at or within a remote post of duty approved under § 591.304, regardless of type of appointment or work schedule, only (1) when the employee travels the prescribed minimum distance and time, or is subject to prescribed minimum inconvenience or hardship factors, while commuting from the nearest established community or suitable place of residence and the remote duty post, or (2) the employee remains at the worksite at the direction of management because daily commuting is impractical.

(b) An employee shall be paid an authorized allowance rate for those days on which he or she incurs unusual expense in commuting to a remote post of duty or for those days on which he or she is subject to extraordinary inconvenience or hardship during the commuting.

(c) An employee who resides permanently, or temporarily for his or her own convenience at a remote duty post is not eligible for an authorized allowance rate during his or her period of residence.

Notes of Decisions
Cited in 3 cases, 2003–2019 · leading case: Agwiak v. United States, 64 Fed. Cl. 203 (Fed. Cl. 2005).
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Agwiak v. United States, 64 Fed. Cl. 203 (Fed. Cl. 2005). · cites it 11× “304 and that he is eligible for an allowance pursuant to 5 C.F.R. § 591.306 . 1. 5 C.F.R. § 591 .30k The Court makes a determination of remoteness based on the criteria listed in 5 C.”
Agwiak v. States, 347 F.3d 1375 (Fed. Cir. 2003). · cites it 4× “” 5 C.F.R. § 591.306 (a) (2003). The regulations also provide: [A] duty post shall be determined to be a remote duty post for [remote duty pay] eligibility purposes when .”
San Antonio Hous. Auth. v. United States (Fed. Cl. 2019). “304 (a) (2003) (requiring that “a duty post shall be determined to be a remote duty post” when certain criteria are satisfied); 5 C.F.R. § 591.306 (a) (2003) (requiring that remote duty pay “shall be paid to each employee with a permanent duty station at or within a remote post…”
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