As a result of some interest in the above subject, the Office of Personnel has prepared the attached staff paper that addresses the regulatory and policy issues associated with on-call and standby pay.

The attached is a compilation of the laws, regulations, and policies in these areas and does not cover all possible situations. You are reminded, therefore, of the need to discuss individual situations with your servicing personnel office.

Attachment

Standby duty is a duty status in which:

1. employees are restricted to an agency's premises, or so close thereto that the employee cannot use the time effectively for his or her own purposes; or
2. employees, although not restricted to the agency's premises:
   - are restricted to their living quarters, and the agency officially designates these quarters as the post of duty;
   - have their activities substantially limited; and
   - are required to remain in a state of readiness to perform work. [5 CFR 551.431(a)]
   

Standby Duty Pay is premium pay which an agency may pay to employees in General Schedule positions who are regularly required to remain at, or within the confines of, their duty station longer than ordinary periods of duty, a substantial part of which consists of remaining in a standby status rather than performing work. Premium pay under this section is determined as an appropriate percentage, not in excess of 25 percent, of that part of the employee's rate of basic pay which does not exceed the minimum rate of basic pay for GS-10 (including any applicable locality-based comparability payment or special rate of pay).[5 CFR 550.141] Employees in positions other than GS positions are not authorized Standby Duty Pay but may be eligible for other compensation.

On-Call Status or telephone contact standby (includes other types of communication devices such as pagers, cell phones, radios, etc.) applies when an Exempt employee is required to leave word where he or she can be reached, "is waiting to be engaged." This is true even if the employee is restricted to a reasonable mileage or time call-back radius. [From FPM Letter 551-14, May 15, 1978]

The time spend in an on-call status shall not be considered hours of work if:

1. The employee is allowed to leave a telephone number, carry any other method of communication, or carry an electronic device (e.g., a pager) for the purpose of being contacted, even though the employee is required to remain within a reasonable call-back radius; or
2. The employee is allowed to make arrangements such that any work which may arise during the on-call period will be performed by another person.[5 CFR 551.431(b)]

Call-back Overtime is defined as premium pay for irregular or occasional overtime work performed by an employee on a day when work was not scheduled, or for which he/she is required to return to his/her place of employment. Call-back overtime is deemed to be at least two hours in duration for the purpose of premium pay, either in money or compensatory time off.[5 CFR 550.112(h)] It is applicable whether or not the employee was on-call prior to being required to work.

Overtime Pay for Work Performed at Home.  Employees may work overtime or earn compensatory time for work performed at home if it is scheduled and approved in advance by their supervisor, using the same criteria that would apply for approving overtime at the normal duty station. The Departmental Manual [370 DM 550.16] allows payment of overtime for work performed at home under unusual or emergency conditions.