Many DCMA employees, supervisors and even Union representatives do not understand the distinctions between Flexible and Compressed Work Schedules. Many employees out there are working 9 and 10 hour days under a 5/4/9 or 4/10 work schedule, documenting all their hours as "regular" hours worked, and they think they are working a "flexible" work schedule (no credit hours earned or used). When holidays come along, these employees only get an 8 hour holiday off, but when they are absent due to sickness or vacation, they are charged 9 or 10 hours leave per day. This really doesn’t make a lot of sense, but that is exactly what is going on. This practice is wrong and DCMA employees are suffering harm because of it.

Be advised! AFGE did not negotiate any "Flexible" 5/4/9 or 4/10 Work Schedules. The 5/4/9 and 4/10 work schedules are strictly Compressed Work Schedules. By combining the established 5/4/9 or 4/10 Compressed Work Schedules with entitlements of a Flexible Work Schedule program, i.e., flexible hours and earning/using credit hours, DCMA supervisors and employees have created hybrid work schedules that are both improper and illegal.

This means that an employee on a "flexible" work schedule may not work more than 8 "regular" hours in any day or more than 40 "regular" hours in any week. Working a 5/4/9 work schedule (no credit hours) as a flexible schedule, with supervisory approval, violates both the 8 hour day overtime requirement and the 40 hour week overtime requirement.

Employees on a "flexible" work schedule should only be working and documenting their workday as 8 regular hour days, 5 days per workweek. All hours worked in excess of that 8 regular hour workday, should be documented as either Credit Hours or Overtime earned. By following this practice of documenting only 8 "regular" hour workdays, when the employee is out sick or on annual leave, they are only charged 8 hours leave per day. The employee is not locked into any predetermined 5/4/9 work schedule with set regular-days-off. Employees on a flexible work schedule may use their credit hours earned to take off for an hour, half a day or all day at any time they choose (with supervisory coordination and approval of course). The employee on a flexible schedule is free to flex their start and stop times, plus or minus one hour, as long as they only work a workday made up of 8 "regular" hours plus any amount of Credit Hours or approved Overtime and a 5 day (40 hour) workweek.

Employees on a flexible work schedule may work a full pay period (10 days) of 9 or 10 hour workdays as long as they document their day as being 8 regular hours plus any additional hours as being Credit Hours earned. Please Note:  Keep in mind the 24 hour maximum balance limitation on Credit Hours! If you are already at the 24 Credit Hour limitation, then you must only work 8 regular hour days and use up some of those Credit Hours before you can work and earn any additional Credit Hours.  Don't work any Credit Hours in addition to the 24 or the extra hours will be lost/forfeited.

By following this practice of working and documenting 8 regular hours per day, 5 days per week, employees on a flexible work schedule will still only get 8 hour holidays (per law), but they will also only be charged 8 hours leave when they are off. The employee is also free to work only an 8 hour day any time they choose because extra Credit Hours are worked solely at the employee’s discretion. If the employee does not wish to work any Credit Hours in addition to the 8 regular hours, they do not have to.  This 8 regular hour per day practice also allows the employee to take time off (shorten the workday or workweek) by using Credit Hours at any time and on any day they choose (with supervisory coordination and approval).

Check out this open letter to the DCMA Director which addresses this problem.

Any questions about this topic?

Contact:

Larry W. Johnson
President
AFGE Local 2128
(817) 280-7064

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