[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR304.106]

[Page 148]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 304_EXPERT AND CONSULTANT APPOINTMENTS--Table of Contents
 
Sec. 304.106  Pay and leave administration.

    (a) The employing agency has the authority to adjust the pay of 
experts and consultants after initial appointment and to establish 
appropriate policies governing the amount and timing of any such 
adjustments, subject to the limitations of Sec. 304.105. In addition to 
the factors listed in Sec. 304.104(b), the agency may consider factors 
such as job performance, contributions to agency mission, and the 
general pay increases granted to other Federal employees. Experts and 
consultants are not entitled to receive automatic adjustments in their 
rates of basic pay at the time of general pay increases under 5 U.S.C. 
5303 unless specifically provided for in the official appointing 
document. In the absence of such automatic entitlement, any pay 
adjustments are at the agency's discretion.
    (b) Experts and consultants paid on a daily rate basis are not 
entitled to overtime pay under section 5542 of title 5, United States 
Code. Otherwise, experts and consultants qualify for premium pay under 
subchapter V of chapter 55 of title 5, United States Code, if they meet 
the applicable eligibility requirements (including the requirement that 
an employee have a regularly scheduled tour of duty, where applicable).
    (c) Experts and consultants may be entitled to overtime pay under 
the Fair Labor Standards Act if they are nonexempt under OPM regulations 
implementing that Act for Federal employees. (See 5 CFR part 551).
    (d) An expert or consultant may be paid for service on an 
intermittent basis in more than one expert or consultant position, 
provided the pay is not received for the same period of time (5 U.S.C. 
5533(d)(1)).
    (e) Experts and consultants are subject to the provisions of 5 
U.S.C. 8344 and 8468 on reduction of basic pay by the amount of annuity 
received.
    (f) Experts and consultants are subject to the provisions of 5 
U.S.C. 5532 on reduction of retired military pay.
    (g) Experts and consultants with a regularly scheduled tour of duty 
(i.e., not intermittent) are entitled to sick and annual leave in 
accordance with chapter 63 of title 5, United States Code, and to pay 
for any holiday occurring on a workday on which they perform no work, 
provided that workday is part of the basic workweek. Those employed on 
an intermittent basis do not earn leave and are not entitled to paid 
holidays.