5 U.S.C. § 6126

Flexible schedules; credit hours; accumulation and compensation

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(a) Subject to any limitation prescribed by the Office of Personnel Management or the agency, a full-time employee on a flexible schedule can accumulate not more than 24 credit hours, and a part-time employee can accumulate not more than one-fourth of the hours in such employee’s biweekly basic work requirement, for carryover from a biweekly pay period to a succeeding biweekly pay period for credit to the basic work requirement for such period.(b) Any employee who is on a flexible schedule program under section 6122 of this title and who is no longer subject to such a program shall be paid at such employee’s then current rate of basic pay for—(1) in the case of a full-time employee, not more than 24 credit hours accumulated by such employee, or(2) in the case of a part-time employee, the number of credit hours (not in excess of one-fourth of the hours in such employee’s biweekly basic work requirement) accumulated by such employee.(Added Pub. L. 97–221, § 2(a)(2), July 23, 1982, 96 Stat. 230.)

Notes of Decisions

Cited in 4 cases, 2007–2015 · leading case: Abbey v. United States, 124 Fed. Cl. 397 (Fed. Cl. 2015).

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Abbey v. United States, 124 Fed. Cl. 397 (Fed. Cl. 2015). · cites it 12× “As explained more fully below, although’ the FAA did have authorization to *403 create a credit hour policy exempt from the FLSA’s overtime pay provisions, in accordance with the Flexible Schedules Act, 5 U.S.C. § 6126 , 6 the FAA’s adopted policies— which allowed for unlimited…”

Doe v. United States, 513 F.3d 1348 (Fed. Cir. 2008). “5 U.S.C. § 6126 (b). The appellants, however, have not alleged that the SSA withheld compensation in violation of section 6126, or that the SSA im-permissibly granted credit hours to employees who were not enrolled in a flexible work schedule program.”

Doe v. United States, 74 Fed. Cl. 592 (Fed. Cl. 2007). “5 U.S.C. § 6126 . Therefore, Plaintiffs may not receive pay for credit hours, except when they cease participation in the flexible work schedule program, which is not claimed here.”

Abbey v. United States (Fed. Cl. 2015). · cites it 12× “As explained more fully below, although the FAA did have authorization to create a credit hour policy exempt from the FLSA’s overtime pay provisions, in accordance with the Flexible Schedules Act, 5 U.S.C. § 6126 ,6 the FAA’s adopted policies – which allowed for unlimited credit…”

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