[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: 29CFR553.25]

[Page 238]
 
                             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 A_General
 
Sec. 553.25  Conditions for use of compensatory time (``reasonable 
period'', ``unduly disrupt'').

    (a) Section 7(o)(5) of the FLSA provides that any employee of a 
public agency who has accrued compensatory time and requested use of 
this compensatory time, shall be permitted to use such time off within a 
``reasonable period'' after making the request, if such use does not 
``unduly disrupt'' the operations of the agency. This provision, 
however, does not apply to ``other compensatory time'' (as defined below 
in Sec. 553.28), including compensatory time accrued for overtime 
worked prior to April 15, 1986.
    (b) Compensatory time cannot be used as a means to avoid statutory 
overtime compensation. An employee has the right to use compensatory 
time earned and must not be coerced to accept more compensatory time 
than an employer can realistically and in good faith expect to be able 
to grant within a reasonable period of his or her making a request for 
use of such time.
    (c) Reasonable period. (1) Whether a request to use compensatory 
time has been granted within a ``reasonable period'' will be determined 
by considering the customary work practices within the agency based on 
the facts and circumstances in each case. Such practices include, but 
are not limited to (a) the normal schedule of work, (b) anticipated peak 
workloads based on past experience, (c) emergency requirements for staff 
and services, and (d) the availability of qualified substitute staff.
    (2) The use of compensatory time in lieu of cash payment for 
overtime must be pursuant to some form of agreement or understanding 
between the employer and the employee (or the representative of the 
employee) reached prior to the performance of the work. (See Sec. 
553.23.) To the extent that the (conditions under which an employee can 
take compensatory time off are contained in an agreement or 
understanding as defined in Sec. 553.23, the terms of such agreement or 
understanding will govern the meaning of ``reasonable period''.
    (d) Unduly disrupt. When an employer receives a request for 
compensatory time off, it shall be honored unless to do so would be 
``unduly disruptive'' to the agency's operations. Mere inconvenience to 
the employer is an insufficient basis for denial of a request for 
compensatory time off. (See H. Rep. 99-331, p. 23.) For an agency to 
turn down a request from an employee for compensatory time off requires 
that it should reasonably and in good faith anticipate that it would 
impose an unreasonable burden on the agency's ability to provide 
services of acceptable quality and quantity for the public during the 
time requested without the use of the employee's services.

[52 FR 2032, Jan. 16, 1987; 52 FR 2648, Jan. 23, 1987]