ACN 156/19 - DEC 2019 COMPENSATORY TIME OFF FOR RELIGIOUS OBSERVANCES

ALCOAST COMMANDANT NOTICE                         CANCEL DATE  19 DEC 2020

R 200932 DEC 19
FM COMDT COGARD WASHINGTON DC//CG-12//
TO ALCOAST
UNCLAS //N12630//
ACN 156/19
SUBJ:  COMPENSATORY TIME OFF FOR RELIGIOUS OBSERVANCES
A. Subpart J, 5 Code of Federal Regulations part 550
B. Office of Personnel Management (OPM) CPM 2019-15, Compensatory Time Off for
Religious Observances Final Regulations
1. This ACN promulgates REF (A), amending regulations for compensatory time off
for religious observances. Religious compensatory time off authority permits an
employee to rearrange work hours when the employee’s personal religious beliefs
require an absence from work to meet personal religious requirements. With
supervisory approval, an employee may earn religious compensatory time off hours by
performing overtime work within the 13 pay periods before or after the observance.
Overtime work for this purpose means work performed by an employee outside of
his/her scheduled tour of duty for the purposes of making up time lost for meeting
personal religious requirements, including work performed by part-time employees,
and work performed during holiday hours (within the schedule tour of duty). The
overtime work authorized under REF (A) does not generate entitlement to premium pay
or other pay. To the extent the work schedule modifications do not interfere with
efficient mission accomplishment, employees must be permitted upon request to take
time off as required by his/her personal religious belief.
2. REF (A) applies to civilian employees, including members of the Senior Executive
Service (SES), employees in senior-level (SL) and scientific or professional (ST)
positions, and wage grade employees who have a scheduled tour of duty. These
regulations also serve to highlight an important flexibility that can be used to
help recruit and retain employees that want to attend religious observances. The
provision of REF (A) became effective May 29, 2019.
3. When an employee performs overtime work to earn religious compensatory time off,
the hours may be applied to cover a past absence due to a religious observance or
they may accumulate to cover a future absence. An employee may accumulate only the
amount of religious compensatory time off needed to cover an approved absence for a
religious observance. Earned religious compensatory time off that has not been used
as planned may be applied toward a future religious observance. There is no time
limit on using accumulated religious compensatory time off hours. If the earned
hours are not used as planned, they remain to the employee’s credit until used or
the employee’s separation or transfer.
4. Employee Requests: When religious compensatory time off is requested, the
employee must provide the name and/or description of the religious observance; dates
and times of absence; and dates and times the employee plans to earn religious
compensatory time off. To the extent practical, the employee must submit the
request in writing or electronically. If an oral request is made, the supervisor
must document the request, and the employee must submit a written document, IAW REF
(A), as soon as practicable. To earn religious compensatory time off in webTA,
employees submit a premium pay request, selecting Premium Pay Type "Compensatory
Time Earned", and Transaction Type "Comp Earned/Religious". Details outlined above
must be provided in the Employee Remarks section. To use religious compensatory time
off, employees submit a leave request, selecting Leave Type "Compensatory Time Off",
Transaction Type "Comp Used/Religious".
5. Supervisory Responsibilities: Absent a finding that modifications in work
schedules interfere with the efficient accomplishment of the organization’s mission,
an employee must be permitted upon request to take time off for a religious
observance. The specific timing of the overtime work is a matter of supervisory
discretion based on the needs of the organization.
6. Time Limits: Religious compensatory time off may be earned within 13 pay
periods prior to the pay period in which it is intended to be used, or within 13 pay
periods following the pay period in which it was used. Failure to earn religious
compensatory time off within 13 pay periods after the pay period in which it was
used may result in corrective action to eliminate or reduce the negative balance by
making a corresponding reduction in the employee’s other paid leave (annual leave,
credit hours, compensatory time off in lieu of regular overtime pay, compensatory
time off for travel, or time-off awards) to offset the negative leave balance. Any
remaining negative balance must be resolved by charging the employee leave without
pay, which will result in an employee indebtedness subject to collection.
7. Transfer or Separation: Upon employee transfer to another Federal
agency or separation from Federal service, the following will apply:
    a. Positive Balance. For an employee with a positive balance of accrued
religious compensatory time off, the losing agency pays the employee at the hourly
rate of basic pay in effect when it was earned. Unused religious compensatory time
off cannot be forfeited or converted to another type of paid time off.
    b. Negative Balance. For an employee with a negative balance of religious
compensatory time off, the negative balance of hours represents a debt owed to the
losing agency by the employee. Repayment of the debt for unearned, but used
religious compensatory time off hours may be repaid by making a corresponding
reduction in the employee’s other paid leave (see paragraph 6 above) or leave
without pay, which would result in an indebtedness subject collection.
8. The provisions outlined in this ACN are in addition to the other work
schedule flexibilities available to civilian employees including annual leave,
advanced annual leave, regular compensatory time off, alternative work schedules,
and leave without pay, all of which may play a part in accommodating an employee's
need to abstain from work for religious purposes. Details can be found on the
Civilian Human Resources website at: www.dcms.uscg.mil/civilianhr.
9. Questions regarding leave and work schedule flexibilities may be directed to
your servicing Civilian Human Resources Specialist:
https://www.dcms.uscg.mil/Our-Organization/Assistant-Commandant-for-Human-Resources-
CG-1/Civilian-Human-Resources-Diversity-and-Leadership-Directorate-CG-12/Civilian-HR
/Contact-CG-121/. 
10. Released by Ms. Michelle R. Godfrey, Director, Civilian Human Resources,
Diversity & Leadership Directorate.
11. Internet release is authorized.