[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR2635.705]

[Page 581-582]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER XVI--OFFICE OF GOVERNMENT ETHICS
 
PART 2635_STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE EXECUTIVE BRANCH--
 
                      Subpart G_Misuse of Position
 
Sec.  2635.705  Use of official time.

    (a) Use of an employee's own time. Unless authorized in accordance 
with law or regulations to use such time for other purposes, an employee 
shall use official time in an honest effort to perform official duties. 
An employee not under a leave system, including a Presidential appointee 
exempted under 5 U.S.C. 6301(2), has an obligation to expend an honest 
effort and a reasonable proportion of his time in the performance of 
official duties.

    Example 1: An employee of the Social Security Administration may use 
official time to engage in certain representational activities on behalf 
of the employee union of which she is a member. Under 5 U.S.C. 7131, 
this is a proper use of her official time even though it does not 
involve performance of her assigned duties as a disability claims 
examiner.
    Example 2: A pharmacist employed by the Department of Veterans 
Affairs has been granted excused absence to participate as a speaker in 
a conference on drug abuse sponsored by the professional association to 
which he belongs. Although excused absence granted by an agency in 
accordance with guidance in chapter 630 of the Federal Personnel Manual 
allows an employee to be absent from his official duties without charge 
to his annual leave account, such absence is not on official time.

    (b) Use of a subordinate's time. An employee shall not encourage, 
direct, coerce, or request a subordinate to use official time to perform 
activities other than those required in the performance of official 
duties or authorized in accordance with law or regulation.

    Example 1: An employee of the Department of Housing and Urban 
Development may not ask his secretary to type his personal 
correspondence during duty hours. Further, directing or coercing a 
subordinate to perform such activities during nonduty hours constitutes 
an improper use of public office for private gain in violation of Sec.  
2635.702(a).

[[Page 582]]

Where the arrangement is entirely voluntary and appropriate compensation 
is paid, the secretary may type the correspondence at home on her own 
time. Where the compensation is not adequate, however, the arrangement 
would involve a gift to the superior in violation of the standards in 
subpart C of this part.