5 U.S.C. § 6122

Flexible schedules; agencies authorized to use

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 5 CasesGoogle Scholar

(a) Notwithstanding section 6101 of this title, each agency may establish, in accordance with this subchapter, programs which allow the use of flexible schedules which include—(1) designated hours and days during which an employee on such a schedule must be present for work; and(2) designated hours during which an employee on such a schedule may elect the time of such employee’s arrival at and departure from work, solely for such purpose or, if and to the extent permitted, for the purpose of accumulating credit hours to reduce the length of the workweek or another workday.An election by an employee referred to in paragraph (2) shall be subject to limitations generally prescribed to ensure that the duties and requirements of the employee’s position are fulfilled.(b) Notwithstanding any other provision of this subchapter, but subject to the terms of any written agreement referred to in section 6130(a) of this title, if the head of an agency determines that any organization within the agency which is participating in a program under subsection (a) is being substantially disrupted in carrying out its functions or is incurring additional costs because of such participation, such agency head may—(1) restrict the employees’ choice of arrival and departure time,(2) restrict the use of credit hours, or(3) exclude from such program any employee or group of employees.(Added Pub. L. 97–221, § 2(a)(2), July 23, 1982, 96 Stat. 228.)

Notes of Decisions

Cited in 10 cases (3 in the last 5 years), 1985–2026 · leading case: Test v. Holder, 614 F. Supp. 2d 73 (D.D.C. 2009).

Sort: Relevance Newest Treatment

Test v. Holder, 614 F. Supp. 2d 73 (D.D.C. 2009). · cites it 2× “See 5 U.S.C. § 6122 . The “basic work requirement” for a maxi-flex schedule is that an employee works 80 hours in a biweekly pay period.”

Whalen v. United States, 93 Fed. Cl. 579 (Fed. Cl. 2010). · cites it 2× “at 228 (codified as amended at 5 U.S.C. § 6122 ). Thus, federal agencies may generally use a credit-hour system that operates upon a request for such hours by a federal employee which is then approved by the agency.”

Abbey v. United States, 82 Fed. Cl. 722 (Fed. Cl. 2008). “531(b) states "the head of an agency may grant compensatory time off from an employee’s basic work requirement under a flexible word schedule under 5 U.S.C. § 6122 instead of payment [in cash].”

Fed. Labor Relations Auth. v. Soc. Sec. Admin., 753 F.2d 156 (D.C. Cir. 1985). “The 1982 Work Schedules Act reflects Congress’ decision to authorize the use of permanent flexitime programs in government agencies, see 1982 Work Schedules Act § 2(a)(2), 5 U.S.C. §§ 6122 , 6127, but to establish safeguards insuring that these programs will not compromise…”

Bureau of Land Mgmt. v. Fed. Labor Relations Auth., 864 F.2d 89 (9th Cir. 1988). · cites it 4× “5 U.S.C. § 6122 . Employees may also earn “credit hours” by working longer than their normal work day, using those credit hours to offset the length of a different work day.”

Coyner v. United States (Fed. Cl. 2022). · cites it 4× “Overtime Compensation for Title 38 Nurses Participating in Flexible Schedule Programs Because plaintiff was a Title 38 nurse participating in a flexible schedule authorized by 5 U.S.C. § 6122 , two different statutory provisions apply to this case.”

MCLAUGHLIN v. United States (Fed. Cl. 2025). · cites it 4× “5 U.S.C. § 6122 (a). Further, regarding compressed work schedules, the statute provides that “[n]otwithstanding section 6101 of this title, each agency may establish programs which use a 4- day workweek or other compressed schedule.”

Test v. Gonzales (D.D.C. 2009). · cites it 2× “See 5 U.S.C. § 6122 . The "basic work requirement" for a maxi-flex schedule is that an employee works 80 hours in a biweekly pay period.”

Tia Moore Wilson v. Peter B. Hegseth (E.D. Va. 2026). “See 5 U.S.C. § 6122 (a). 12 Plaintiff’s filings are unclear as to the particular period during which she claims she was required to work in- person, but nowhere does she claim that she was denied remote telework after the September Covid mandate for telework.”

Abbey v. United States (Fed. Cl. 2015). “See 5 U.S.C. §§ 5543 , 6120–6133. These flexible schedule employees may earn “compensatory time” or “credit hours” in lieu of overtime pay for hours worked in excess of eight hours in a day or forty hours in a week.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.