[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR553.222]

[Page 251-252]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 553_APPLICATION OF THE FAIR LABOR STANDARDS ACT TO EMPLOYEES OF 
STATE AND LOCAL GOVERNMENTS--Table of Contents
 
   Subpart C_Fire Protection and Law Enforcement Employees of Public 
                                Agencies
 
Sec. 553.222  Sleep time.

    (a) Where a public employer elects to pay overtime compensation to 
firefighters and/or law enforcement personnel in accordance with section

[[Page 252]]

7(a)(1) of the Act, the public agency may exclude sleep time from hours 
worked if all the conditions in Sec. 785.22 of this title are met.
    (b) Where the employer has elected to use the section 7(k) 
exemption, sleep time cannot be excluded from the compensable hours of 
work where
    (1) The employee is on a tour of duty of less than 24 hours, which 
is the general rule applicable to all employees under Sec. 785.21, and
    (2) Where the employee is on a tour of duty of exactly 24 hours, 
which is a departure from the general rules in part 785.
    (c) Sleep time can be excluded from compensable hours of work, 
however, in the case of police officers or firefighters who are on a 
tour of duty of more than 24 hours, but only if there is an expressed or 
implied agreement between the employer and the employees to exclude such 
time. In the absence of such an agreement, the sleep time is 
compensable. In no event shall the time excluded as sleep time exceed 8 
hours in a 24-hour period. If the sleep time is interrupted by a call to 
duty, the interruption must be counted as hours worked. If the sleep 
period is interrupted to such an extent that the employee cannot get a 
reasonable night's sleep (which, for enforcement purposes means at least 
5 hours), the entire time must be counted as hours of work.