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Visas for Diplomats and Foreign Government Officials

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If you are a diplomat or government official who is physically present in the United States on assignment:

Requesting to renew (reapply for) your visa or that of an immediate family member,  select  Renewing an A-1 or A-2 Visa in the United States  to learn more. A-3 visa holders must reapply for their visas outside the United States.

Requesting to change status into or out of A status,  select  Change of Status  to/from A,G, NATO to learn more.

Diplomats and other foreign government officials traveling to the United States to engage solely in official duties or activities on behalf of their national government must obtain A-1 or A-2 visas prior to entering the United States. You cannot travel using visitor visas or under the Visa Waiver Program. With the exception of a Head of State or Government -- who qualifies for an A1 visa regardless of their purpose of travel -- your position within your country’s government and your purpose of travel determines whether you need an A-1 or A-2 visa. Immediate family members of diplomats and government officials receive A-1 or A-2 visas, with few exceptions. Personal employees, attendants, or domestic workers for diplomats and government officials (holding a valid A-1 or A-2 visa) may be issued A-3 visas.

To qualify for an A-1 or A-2 visa, you must be traveling to the United States on behalf of your national government to engage solely in official activities for that government. The specific duties or services that will be performed must be governmental in character or nature, as determined by the U.S. Department of State, in accordance with U.S. immigration laws. Government officials traveling to the United States to perform non-governmental functions of a commercial nature, or traveling as tourists, require the appropriate visas and do not qualify for A visas. The fact that there may be government interest or control in a given organization is not in itself the defining factor in determining if you qualify for an A visa.

Diplomats and Officials Requiring A-1 Visas - Examples:

• Head of State or Government, regardless of the purpose of travel
• Ambassador, Public Minister, Career Diplomat or Consular Officer coming to serve at a foreign embassy or consulate in the United States, such as an ambassador or consul
• Certain government ministers in positions equivalent to U.S. cabinet level secretaries coming to the United States to perform official, government related duties for not more than 90 days
• European Union (EU) and African Union (AU) delegation representatives
• Immediate family members  of an A-1 visa holder

Officials and Employees Requiring A-2 Visas - Examples:

• Other foreign government official or full-time employee assigned by that government, coming only to work at a foreign embassy or consulate in the United States, to perform duties which take place at an embassy or consulate
• Government official representing your government, coming to the United States based on written request of your country to perform official, government related duties for not more than 90 days
• Staff of European (EU) and African Union (AU) delegation representatives
• Foreign military members stationed at a U.S. military base or assigned to a foreign embassy or consulate in the United States
• Immediate family members  of an A-2 visa holder

Travel Purposes Not Permitted on A-1 and A-2 Visas - Examples:

• Government officials coming to perform non-official or non-governmental functions of a commercial nature, or traveling as tourists, must apply for the appropriate visa category for the specific travel purpose, such as a B-2 visa for tourism. (Note: A Head of State or Government must travel on an A-1 visa regardless of the purpose of travel.)
• Local government officials representing their state, province, borough, or other local political entity require visitor (B) visas.

How to Apply

There are several steps to apply for a visa. The order of these steps and how you complete them may vary at the U.S. Embassy or Consulate where you apply. Please consult the instructions available on the  embassy or consulate website  where you will apply.

About Visa Interviewers

As part of the visa application process, an interview at the U.S. Embassy or Consulate is required for most visa applicants applying abroad.  Embassies and consulates generally do not require interviews for those applying for A-1 and A-2 visas, although a consular officer can request an interview.

Personal employees, domestic workers, and attendants of A-1 or A-2 visa holders applying for A-3 visas are required to be interviewed.  Review information in the  Personal Employees  section below.

Complete the Online Visa Application

• Online Nonimmigrant Visa Application,  Form DS-160  –  Learn more  about completing the  DS-160 . You must: 1) complete the online visa application and 2) print the application form confirmation page. You must submit the confirmation page as part of your application. ( Important Notice:   For A-1 or A-2 visa holders on assignment in the United States reapplying for an A visa, use Form DS-1648, not DS-160. Review instructions on the  Renewing A, G, or NATO Visas in the U.S.  webpage.)
• Photo  –You will upload your photo while completing the online Form DS-160. Your photo must have been taken within the past six months, and must be the format explained in the  Photograph Requirements .

Submit Required Documentation

All applicants for A visas should gather and deliver the following required documents to the U.S. Embassy or Consulate in your home country:

• Passport  valid for travel to the United States - Your passport must be valid for at least 6 months beyond your period of stay in the United States (unless exempt by  country-specific agreements ). If more than one person is included in your passport, each person who needs a visa must submit a separate application.
• Nonimmigrant Visa Application,  Form DS-160  confirmation page  (For applicants applying outside the United States)
• Photo  – You will upload your photo while completing the online Form DS-160. If the  photo upload fails,  you must bring one printed photo in the format explained in the  Photograph Requirements .
• the government official's or employee's name, date of birth, position and title, place of assignment or visit, purpose of travel, a brief description of his or her duties, travel date, and the anticipated length of the tour of duty or stay in the United States, and
• the names, relationships, and dates of birth of any dependents and other members of household who will be accompanying or joining the government official or employee.
• For an immediate family member applying separate from the principal visa applicant  - A copy of both the visa and the I-94 (both front and back) for the principal visa holder is required.

Additional Documentation May Be Required

Review the instructions for how to apply for a visa on the website of the  embassy or consulate  where you will apply. Additional documents may be requested to establish if you are qualified.

Individuals who qualify for an official visa classification ( A, G, C-3, NATO) are exempt from paying visa fees.

More About Visa Fees  - Individuals holding diplomatic passports may also be exempt from visa fees regardless of visa classification and purpose of travel, if they meet one of the qualifying categories. Possession of a diplomatic passport or the equivalent is not by itself sufficient to qualify for a no-fee diplomatic visa. The consular officer will make the determination whether the visa applicant qualifies for an exemption of fees under U.S. immigration laws.  Official passport holders are not charged for official visas, but are required to pay visa application and reciprocal issuance fees, if applicable, for all non-official visas.

Immediate Family Members

Visa application procedures for your immediate family members are the same as for you.   U.S. embassies and consulates will adjudicate visa applications that are based on a same-sex marriage in the same way that we adjudicate applications for opposite gender spouses.

Immediate family members are defined as the spouse and unmarried sons and daughters up to certain age who are members of your household, even if studying in a different location. An immediate family member may also be any other person who is related by blood, marriage or adoption and will reside regularly in your household, is not a member of some other household, and is recognized as your immediate family member by the sending Government, as demonstrated by eligibility for rights and benefits, such as the issuance of a diplomatic or official passport or travel and other allowances.

In limited circumstances, a same-sex domestic  partner  other than a same-sex spouse may qualify as immediate family, IF the sending government does not legally recognize same-sex marriage AND the sending government provides reciprocal treatment to same sex spouses of U.S. diplomats and government officials.

A family member who does not qualify as immediate family, as described above, may qualify for a  visitor (B-2) visa . Visitor visa applicants are required to pay visa application and issuance fees, if applicable.

Important Notice: Same-sex Marriage

Effective immediately, U.S. Embassies and Consulates will adjudicate visa applications that are based on a same-sex marriage in the same way that we adjudicate applications for opposite gender spouses. Please reference the specific guidance on the visa category for which you are applying for more details on documentation required for derivative spouses. For further information, please see our  FAQ’s .

Personal Employees

Personal employees, attendants, domestic workers, or servants of individuals who have a valid A-1 or A-2 visa may receive an A-3 visa, if they meet  the requirements in 9 FAM 402.3-9 . As part of the application process, the applicant must have an interview at the embassy or consulate. A written contract must be provided to the consular officer.  The employer must provide proof that the applicant will receive the minimum wage and be provided working conditions in accordance with U.S. law. In addition, the applicant needs to demonstrate that s/he will perform the contracted employment duties. The consular officer will determine eligibility for the A-3 visa. Applicants for A-3 visas must apply outside the United States.

If the employer is not the principal officer or deputy principal officer or does not carry the diplomatic rank of minister or higher, the employer must demonstrate that he or she will have sufficient funds to provide the minimum wage and working conditions, as reflected in the contract. Consideration is also given to the number of employees an employer would reasonably be able to pay.

To apply for an A-3 visa, the visa applicant must submit each of the items explained in the  How to Apply: A-3 Visas .

Important Notices for Employers and Personal Employees/Domestic Workers

Please keep your own passport and a copy of your employment contract with you while in the United States. You should not let your employer keep your contract or passport or other personal property for any reason. You and your employer will be subject to U.S. law while in the United States, and your contract describes the work arrangement your employer is expected to respect.

Certain employment-based nonimmigrants have legal rights under U.S. Federal immigration, labor, and employment laws, and you should have received information about protections and available resources. As a temporary visitor to the United States, it is important that you are aware of your rights, as well as protections and resources available, when you come to work or study here. Before your interview, review the “Know Your Rights” pamphlet and learn about additional information on our  webpage .

The U.S. Government considers "involuntary servitude" of domestic workers, as defined under the Trafficking Victims Protection Act (TVPA), to be a severe form of trafficking in persons (TIP) and a serious criminal offense. Victims of involuntary servitude are offered protection under the TVPA. "The term 'involuntary servitude' includes a condition of servitude induced by means of any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such condition, that person or another person would suffer serious harm or physical restraints, or the abuse or threatened abuse of the legal process." While in the U.S., domestic workers are advised that the telephone number for police and emergency services is 911, and that the U.S. Government maintains a telephone hotline for reporting abuse of domestic employees and other TIP-related crimes, 1-888-373-7888.

How to Apply: A-3 Visas

How you complete the several steps required to apply for a visa vary according to the U.S. Embassy or Consulate where you apply. As part of the application process, an interview at a U.S. Embassy or Consulate outside the United States is required.  The employer and/or recruitment agent does not attend the interview.

Schedule an Interview

You must schedule an appointment for your visa interview at the U.S. Embassy or Consulate in your home country, in the country where you are currently residing, or in the country where you are physically present.  Please consult the instructions available on the  embassy or consulate website .

Prepare for Your Interview

A-3 Visa applicants must submit each of the items explained in this webpage and How to Apply sections including:

• Complete Online Visa Application  and
• Gather Required Documentation  and  
• Obtain Employment Contract from Employer -  The contract must be in English and signed by both you and your employer. (If the personal employee does not understand English, then a translation of the contract in a language the employee understands is required to ensure that the employee understands the job duties and rights regarding salary and working conditions.)  The contract must contain all of the information listed in 9 FAM 402.3-9(B)(3).  Use the following link located here to download the recommended employment contract in English: https://www.state.gov/documents/organization/259370.docx

Legal Rights and Protections

Learn about your rights in the United States and protection available to you by reading the  Legal Rights and Protections  pamphlet, before applying for your visa.

Attend Your Visa Interview

During your visa interview, a consular officer will determine whether you are qualified to receive a visa based on your purpose of travel and other requirements. You must establish that you meet the requirements under U.S. law to receive an A-3 visa.

Ink-free, digital fingerprint scans will be taken as part of your application process. They are usually taken during your interview, but this varies based on location.

After your visa interview, your application may require further  administrative processing . The consular officer will inform you if your application needs further processing.

If the visa is approved, the Embassy or Consulate will let you know how the office will return your passport with visa to you.

For Employers and Personal Employees or Domestic Workers

Personal employees should keep their passport and a copy of their contract in their possession.  They should not surrender their contract and passport to their employer under any circumstances.  Personal employees should understand that their contracts provide working arrangements that the employer is expected to respect.

Recent changes to U.S. law relate to the legal rights of certain employment-based nonimmigrants under Federal immigration, labor, and employment laws and the information to be provided about protections and available resources.  Employers, as well as personal employees, should review the Nonimmigrant Rights, Protections and Resources pamphlet explained above.

Personal employees and domestic workers should understand that they must follow U.S. laws while in the United States.

Additional Information

• We cannot guarantee that you will be issued a visa.  Do not make final travel plans or buy tickets until you have a visa.
• Qualified A visa applicants traveling to the United States for assignments of less than 90 days will be issued visas annotated “TDY” (temporary duty).
• Unless canceled or revoked, a visa is valid until its expiration date. Therefore, a valid U.S. visa in an expired passport is still valid. If you have a valid visa in your expired passport, do not remove it from your expired passport. You may use your valid visa in your expired passport along with a new valid passport for travel and admission to the United States.

Change of Status Into, Within, Between, or Out of Diplomatic (A) Status in the U.S.

Select  Change of Status  to learn about:

• Changing into, within, or between A, G, or NATO status if you are in the United States and accept employment with a diplomatic mission, an international organization (including the UN), a permanent or observer mission to the UN, or NATO; and
• Changing out of A status into another nonimmigrant status because you left your assignment, but plan to remain in the United States.

Misrepresentation or Fraud

Attempting to obtain a visa by the willful misrepresentation of a material fact, or fraud, may result in the permanent refusal of a visa or denial of entry into the United States.

Review  Ineligibilities for U.S. Visas .

Further Questions

• Case-Specific Questions  - Contact the U.S. Embassy or Consulate handling your visa application for status information.  Select  U.S. Embassy or Consulate  for contact information.

More Information

A-Z Index Legal Rights & Protections Lost/Stolen Travel Documents Denials Fraud Warning Find a U.S. Embassy or Consulate Customer Service Statement Visa Renewals in the United States

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compensatory time off for travel

(CT:PER-1131;   05-26-2023) (Office of Origin:  GTM/OTA)

3 FAM 3171  Authorities

(CT:PER-751;   10-30-2014) (State Only) (Applies to Civil Service and Foreign Service Employees)

Authorities are authorized by the following:

·          5 U.S.C. 5550b

·          5 CFR Part 550, subpart N; and

·          The Foreign Service Act of 1980, Section 412, as amended.

3 FAM 3172  Introduction

(CT:PER-869;   08-28-2017) (State Only) (Applies to Civil Service and Foreign Service Employees)

The Federal Workforce Flexibility Act of 2004 (Public Law 108-411, Section 203, October 30, 2004) established a new form of non-monetary compensatory time off for time spent by an employee in a travel status when such time is not otherwise compensable (i.e., when the travel is not during regular duty hours or otherwise considered hours of work).  This provision is codified in 5 U.S.C. 5550b.  Individual offices do not have the discretion to deny an employee compensatory time off for travel if it has been earned and applied in accordance with Department policy.  Compensatory time off for travel is non-monetary and if not used prior to its expiration, never converts to cash.

3 FAM 3173  Eligibility

(CT:PER-992;   05-20-2020) (State Only) (Applies to Civil Service and Foreign Service Employees)

a. Compensatory time off for travel may be earned by:

(1)  An American direct-hire employee as defined in 5 U.S.C. 5541(2);

(2)  Part-time employees may be entitled to compensatory time off for travel if the time in travel status does not qualify as compensable hours of work under 5 U.S.C. 5542(b)(2)(B) and 5 CFR 550.112(g)(2), and meets the other requirements in 5 CFR 550, subpart N;

(3)  Tenured Foreign Service Officers class FS-01 and below under the Foreign Service Act of 1980, as amended; effective October 23, 2007;

(4)  Wage grade (prevailing rate) employees under the provisions codified in 5 U.S.C. 5550b and 5 CFR 550, subpart N; effective April 27, 2008; and

(5)  Eligibility of locally employed staff depends on local labor law and how the employee was hired.  If the locally employed staff member is appointed under the Foreign Service Act of 1980, as amended, the employee may be eligible.  If the locally employed staff member is hired under a personal services agreement, local labor law prevails.  The office of Overseas Employment Compensation Management Division (GTM/OE/CM) may be contacted for further information.

b. Compensatory time off for travel may NOT be earned by:

(1)  Members of the Senior Executive Service;

(2)  Members of the Senior Foreign Service;

(3)  Executive Schedule employees; or

(4)  Employees on an intermittent schedule.

3 FAM 3174  Determining Eligible Time in Travel Status

a. To be creditable under this provision, travel must be officially authorized.  The travel must be for work purposes and must be approved by an authorized Department official or under established Department policies.  Examples of eligible travel would be for performing official work at another duty station, attending an official conference, or attending official training.

b. Compensatory time off for travel may only be earned for time in an official travel status away from an employee’s official duty station when such time is not otherwise compensable as regular duty pay or premium compensation.  For Fair Labor Standards Act (FLSA), exempt employees, compensable refers to periods of time creditable as hours of work for the purpose of determining a specific pay entitlement.  For FLSA non-exempt employees, please see 5 CFR 551.422.

c.  Eligible Time in Official Travel Status includes:

(1)  Time spent traveling between the official duty station and a temporary duty station;

(2)  Time spent traveling between two temporary duty stations;

(3)  The usual waiting time preceding or interrupting such travel.  The usual waiting time for domestic flights may not exceed two hours, and for overseas flights may not exceed three hours.  Extended waiting time is not creditable; or

(4)  Time in travel status ends when the employee arrives at the temporary duty worksite or lodging in the temporary duty station, wherever the employee arrives first.  Time in travel status resumes when an employee departs from the temporary duty worksite or lodging in the temporary duty station, from whichever the employee departs last.

d. Time that is NOT eligible:

(1)  Travel for the purpose of permanent change of station, temporary change of station, home leave, rest and recuperation travel, family visitation travel, regional rest breaks, medical evacuation, emergency visitation travel, and post evacuations are not considered time in official travel status for the purpose of earning comp time off for travel;

(2)  An extended waiting period is not considered time in official travel status and is not creditable.  An example of extended waiting periods include: flight delays or cancelations due to weather issues, mechanical problems, airline administrative problems, etc.;

(3)  Regular duty hours of work; and

(4)  Hours of travel time that are otherwise compensable hours of work under the overtime pay provisions in 5 CFR 550.112(g) or 5 CFR 551.422.

e. Reference 5 CFR 551.422 states for non-exempt employees, time spent traveling must be considered compensable hours of work if:

(1)  The official travel occurs during the employee's regular working hours;

(2)  The employee is required to drive or perform other work as part of the official travel;

(3)  An employee is required to travel as a passenger on a one-day assignment away from the official duty station location; or

(4)  The employee is required to travel as a passenger overnight away from the official duty station location and the official travel occurs on a non-workday during hours that correspond to the employee's regular working hours.

3 FAM 3175  Factors That Influence Compensatory Time Off for Travel

3 FAM 3175.1  Time Zones

When an employee’s travel involves two or more time zones, the time zone from the point of first departure must be used to determine how many hours (elapsed time) the employee actually spent in a travel status for the purpose of accruing compensatory time off for travel.  For example, if an employee departs from Tokyo, going to FSI for training, the employee calculates the trip based on the Tokyo time zone.  Likewise, the return trip is calculated on the Washington, DC time zone since it now is the point of first departure.

3 FAM 3175.2  Modes of Transportation

a. In the case of an employee who is offered one mode of transportation (i.e., flying) and who is permitted to use an alternate mode of transportation (i.e., train or POV), or who travels at a time or by a route other than that selected by the Department, the agency MUST determine the estimated amount of time in a travel status the employee would have had if the employee had used the mode of transportation offered by the Department or traveled at the time or by the route selected by the Department.  For example, if the flight time is two hours but the travel by train takes six hours, the employee is only eligible to request two hours as creditable for comp time off for travel.  The fact that one mode of transportation may save the Department money has no bearing on the amount of comp time off for travel that an employee earns.

b. Employees who take an approved/authorized rest break during their travel that causes the compensatory time off for travel eligibility to change from what would have been available for the most direct route are ONLY authorized to claim the amount of time that would have been earned had the rest break not been taken.

c.  The class of accommodation, such as business class, does not influence whether the time in travel status is compensable.  Allowing an employee to upgrade travel to business class does not eliminate an employee’s eligibility to earn compensatory time off for travel.

3 FAM 3175.3  Meals

It is no longer required that an employee deduct the bona fide meal periods during travel time or waiting time.

3 FAM 3175.4  Change of Administrative Work Week

An agency may NOT adjust the regularly scheduled administrative work week that normally applies to an employee (full-time or part-time) solely for the purpose of including planned travel time that would not otherwise be considered compensable hours of work.  For example, if an employee is required to travel on a Saturday, which is normally a day off, the supervisor cannot change the administrative work week to be Tuesday through Saturday, making Saturday a compensable day and thus making that day ineligible for compensatory time off for travel.

3 FAM 3175.5  Commuting Time

a. Travel outside of regular working hours to or from a transportation terminal (airport, train, etc.) within the limits of the employee’s official duty station is considered equivalent to commuting time and is not creditable travel time.

b. Travel outside of regular working hours between an employee’s home and a temporary duty station or transportation terminal outside the limits of the employees duty station is considered creditable travel time.  However, the Department must deduct the employee’s normal home-to-work/work-to-home commuting time from the creditable travel time.

c.  A mileage radius no greater than 50 miles applies to determine whether an employee's travel is within or outside the limits of the employee's official duty station.  See 5 CFR 550.112(j).

3 FAM 3176  Recording and Use of Compensatory Time off For Travel

(CT:PER-1131;   05-26-2023) (State Only) (Applies to Civil Service and Foreign Service Employees)

a. Fifteen (15) Minute Increments: Compensatory time off for travel is credited and used in increments of 15 minutes.

b. Thirty (30) day Limit for Requesting Credit: The Department requires employees to submit credit requests, in writing, to their supervisor with specific times, justification, and itineraries, within 30 days of completion of eligible official travel.  This request should be accompanied by Form DS-5106, Compensatory Time Off for Travel worksheet.  Requests for compensatory time off for travel that are submitted more than 30 days after the last day of travel will be denied.

c.  Documenting Compensatory Time Off for Travel on Cuff Records and TATEL: The Department’s pay system will not accommodate the specialized compensatory time off for travel category; and, as a result, timekeepers are required to keep paper records of the compensatory time off for travel earned by each individual using a separate ledger ( 3 FAM Exhibit 3176) ;

(1)  Compensatory time off for travel is not recorded in the TATEL system, though comp time off for travel used will be recorded in TATEL;

(2)  Time used should be entered in TATEL as “XA” with a notation “compensatory time off for travel”;

(3)  Timekeepers should keep a copy of the Form DS-7100, Request for Leave or Approved Absence with the paper record of compensatory time off for travel earned and subtract the time used;

(4)  Regulations require that time is charged in a chronological manner, i.e., first-in, first-out; and

(5)  These are official records and must be maintained by each individual office.

d. Time Limit for Using Compensatory Time Off for Travel: Compensatory time off for travel must be used within 26 pay periods from the time the eligible compensatory time off for travel is earned.  Otherwise it is forfeited.  Exceptions may be granted:

(1)  If the employee with unused compensatory time off for travel separates;

(2)  The employee is placed in a leave without pay status to perform service in the uniformed service (as defined in 38 U.S.C. 4303 and 5 CFR 353.102) and later returns to service through the exercise of a re-employment right provided by law, Executive Order, or regulation;

(3)  An on-the-job injury with entitlement to compensation under 5 U.S.C. chapter 81 and later recovers sufficiently to return to work; or

(4)  An exigency of the service beyond the employee’s control and an authorized Department official, has sole discretion, to extend the time limit for using such compensatory time off for travel, not to exceed an additional 26 pay periods.

e. Scheduling and Using Accrued Compensatory Time Off for Travel: Employees must request permission from their supervisor via Form DS-7100 , Request for Leave or Approved Absence , to schedule the use of accrued compensatory time off for travel.  Earned compensatory time off for travel must be charged on a first-in, first-out (chronological) basis.

f.  Use of Compensatory Time Off for Travel While in Official Travel Status: In accordance with 5 CFR 550.1406, employees must request permission to schedule the use of accrued compensatory time off for travel in accordance with agency-established policies and procedures.  Department policy states that employees will not be authorized to use compensatory time off for travel in the same trip in which it is earned.

3 FAM 3177  Transfer Within the Department

Compensatory time off for travel may be transferred to another office within the Department, unless the employee moves to a federal position that is covered by the compensatory time off for travel regulations, pursuant to 5 CFR 550.1407(d).  The losing timekeeper must provide complete copies of the employee's compensatory time for travel to the gaining timekeeper.  This includes a copy of the authorized approval memo, the paper ledger recording time earned and used, and the current balance with the forfeiture dates.

3 FAM 3178  Forfeiture

Compensatory time off for travel is forfeited:

(1)  Except as provided in 3 FAM 3176 (d), if not used by the end of the 26th pay period during which it was earned.  NOTE: The 26 pay periods run from the time travel was completed, not from the time it was credited;

(2)  Upon voluntary transfer to another agency;

(3)  Upon movement to a non-covered position, or if there is a change in employee status, such as intermittent or promotion to SFS/SES; or

(4)  Except as provided in 3 FAM 3176 (d), upon separation from the federal government.

3 FAM 3179  Compensatory Time Off for Travel is NOT Premium Pay

a. Under no circumstances may an individual receive monetary compensation for any unused compensatory time off for travel the employee has earned.

b. Accrued compensatory time off for travel is not considered in applying the premium pay cap limitations established under 5 U.S.C. 5547 and 5 CFR 550.105 through 550.107, or the aggregate limitation on pay established under 5 U.S.C 5307 and 5 CFR 530, subpart B.

3 FAM Exhibit 3176   Compensatory Time Off For Travel Record of Hours Earned and Used

(CT:PER-751;   10-30-2014)

_____________________________

Traveler’s Name

Approver/Supervisor’s Name

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Compensatory Time Off for Travel - Questions & Answers to Fact Sheet

• Q1. What is compensatory time off for travel? View more A. Compensatory time off for travel is a separate form of compensatory time off that may be earned by an employee for time spent in a travel status away from the employee's official duty station when such time is not otherwise compensable.
• Q2. Are all employees covered by this provision? View more A. The compensatory time off provision applies to an "employee" as defined in 5 U.S.C. 5541(2) who is employed in an "Executive agency" as defined in 5 U.S.C. 105, without regard to whether the employee is exempt from or covered by the overtime pay provisions of the Fair Labor Standards Act of 1938, as amended. For example, this includes employees in senior-level (SL) and scientific or professional (ST) positions, but not members of the Senior Executive Service or Senior Foreign Service or Foreign Service officers. Effective April 27, 2008, prevailing rate (wage) employees are covered under the compensatory time off for travel provision. (See CPM 2008-04 .)
• Q3. Are intermittent employees eligible to earn compensatory time off for travel? View more A. No. Compensatory time off for travel may be used by an employee when the employee is granted time off from his or her scheduled tour of duty established for leave purposes. (See 5 CFR 550.1406(b).) Also see the definition of "scheduled tour of duty for leave purposes" in 5 CFR 550.1403. Employees who are on intermittent work schedules are not eligible to earn and use compensatory time off for travel because they do not have a scheduled tour of duty for leave purposes.
• Q4. What qualifies as travel for the purpose of this provision? View more A. To qualify for this purpose, travel must be officially authorized. In other words, travel must be for work purposes and must be approved by an authorized agency official or otherwise authorized under established agency policies. (Also see Q5.)
• Q5. May an employee earn compensatory time off when he or she travels in conjunction with the performance of union representational duties? View more A. No. The term "travel" is defined at 5 CFR 550.1403 to mean officially authorized travel—i.e., travel for work purposes approved by an authorized agency official or otherwise authorized under established agency policies. The definition specifically excludes time spent traveling in connection with union activities. The term "travel for work purposes" is intended to mean travel for agency-related work purposes. Thus, employees who travel in connection with union activities are not entitled to earn compensatory time off for travel because they are traveling for the benefit of the union, and not for agency-related work purposes.
• Q6. An employee receives compensatory time off for travel only for those hours spent in a travel status. What qualifies as time in a travel status? View more A. Travel status includes only the time actually spent traveling between the official duty station and a temporary duty station, or between two temporary duty stations, and the usual waiting time that precedes or interrupts such travel.
• Q7. Is travel in connection with a permanent change of station (PCS) creditable for compensatory time off for travel? View more A. Although PCS travel is officially authorized travel, it is not travel between an official duty station and a temporary duty station or between two temporary duty stations. Therefore, it is not considered time in a travel status for the purpose of earning compensatory time off for travel.
• Q8. What is meant by "usual waiting time"? View more A. Airline travelers generally are required to arrive at the airport at a designated pre-departure time (e.g., 1 or 2 hours before the scheduled departure, depending on whether the flight is domestic or international). Such waiting time at the airport is considered usual waiting time and is creditable time in a travel status. In addition, time spent at an intervening airport waiting for a connecting flight (e.g., 1 or 2 hours) also is creditable time in a travel status. In all cases, determinations regarding what is creditable as "usual waiting time" are within the sole and exclusive discretion of the employing agency.
• Q9. What if an employee experiences an "extended" waiting period? View more A. If an employee experiences an unusually long wait prior to his or her initial departure or between actual periods of travel during which the employee is free to rest, sleep, or otherwise use the time for his or her own purposes, the extended waiting time outside the employee's regular working hours is not creditable time in a travel status. An extended waiting period that occurs during an employee's regular working hours is compensable as part of the employee's regularly scheduled administrative workweek.
• Q10. Do meal periods count as time in a travel status? View more A. Meal periods during actual travel time or waiting time are not specifically excluded from creditable time in a travel status for the purpose of earning compensatory time off for travel. However, determinations regarding what is creditable as "usual waiting time" are within the sole and exclusive discretion of the employing agency.
• Q11. What happens once an employee reaches a temporary duty station? View more A. Time spent at a temporary duty station between arrival and departure is not creditable travel time for the purpose of earning compensatory time off for travel. Time in a travel status ends when the employee arrives at the temporary duty worksite or his or her lodging in the temporary duty station, wherever the employee arrives first. Time in a travel status resumes when an employee departs from the temporary duty worksite or his or her lodging in the temporary duty station, wherever the employee departs last.
• Q12. When is it appropriate for an agency to offset creditable time in a travel status by the amount of time the employee spends in normal commuting between home and work? View more A. If an employee travels directly between his or her home and a temporary duty station outside the limits of the employee's official duty station (e.g., driving to and from a 3-day conference), the agency must deduct the employee's normal home-to-work/work-to-home commuting time from the creditable travel time. The agency must also deduct an employee's normal commuting time from the creditable travel time if the employee is required—outside of regular working hours—to travel between home and a transportation terminal (e.g., an airport or train station) outside the limits of the employee's official duty station.
• Q13. What if an employee travels to a transportation terminal within the limits of his or her official duty station? View more A. An employee's time spent traveling outside of regular working hours to or from a transportation terminal within the limits of his or her official duty station is considered equivalent to commuting time and is not creditable time in a travel status for the purpose of earning compensatory time off for travel.
• Q14. What if an employee travels from a worksite to a transportation terminal? View more A. If an employee travels between a worksite and a transportation terminal, the travel time outside regular working hours is creditable as time in a travel status, and no commuting time offset applies. For example, after completing his or her workday, an employee may travel directly from the regular worksite to an airport to attend an out-of-town meeting the following morning. The travel time between the regular worksite and the airport is creditable as time in a travel status.
• Q15. What if an employee elects to travel at a time other than the time selected by the agency? View more A. When an employee travels at a time other than the time selected by the agency, the agency must determine the estimated amount of time in a travel status the employee would have had if the employee had traveled at the time selected by the agency. The agency must credit the employee with the lesser of (1) the estimated time in a travel status the employee would have had if the employee had traveled at the time selected by the agency, or (2) the employee's actual time in a travel status at a time other than that selected by the agency.
• Q16. How is an employee's travel time calculated for the purpose of earning compensatory time off for travel when the travel involves two or more time zones? View more A. When an employee's travel involves two or more time zones, the time zone from point of first departure must be used to determine how many hours the employee actually spent in a travel status for the purpose of accruing compensatory time off for travel. For example, if an employee travels from his official duty station in Washington, DC, to a temporary duty station in San Francisco, CA, the Washington, DC, time zone must be used to determine how many hours the employee spent in a travel status. However, on the return trip to Washington, DC, the time zone from San Francisco, CA, must be used to calculate how many hours the employee spent in a travel status.
• Q17. How is compensatory time off for travel earned and credited? View more A. Compensatory time off for travel is earned for qualifying time in a travel status. Agencies may authorize credit in increments of one-tenth of an hour (6 minutes) or one-quarter of an hour (15 minutes). Agencies must track and manage compensatory time off for travel separately from other forms of compensatory time off.
• Q18. Is there a limitation on the amount of compensatory time off for travel an employee may earn? View more A. No.
• Q19. How does an employee request credit for compensatory time off for travel? View more A. Agencies may establish procedures for requesting credit for compensatory time off for travel. An employee must comply with his or her agency's procedures for requesting credit of compensatory time off, and the employee must file a request for such credit within the time period established by the agency. An employee's request for credit of compensatory time off for travel may be denied if the request is not filed within the time period required by the agency.
• Q20. Is there a form employees must fill out for requests to earn or use compensatory time off for travel? View more A. There is not a Governmentwide form used for requests to earn or use compensatory time off for travel. However, an agency may choose to develop a form as part of its internal policies and procedures.
• Q21. How does an employee use accrued compensatory time off for travel? View more A. An employee must request permission from his or her supervisor to schedule the use of his or her accrued compensatory time off for travel in accordance with agency policies and procedures. Compensatory time off for travel may be used when the employee is granted time off from his or her scheduled tour of duty established for leave purposes. Employees must use accrued compensatory time off for travel in increments of one-tenth of an hour (6 minutes) or one-quarter of an hour (15 minutes).
• Q22. In what order should agencies charge compensatory time off for travel? View more A. Agencies must charge compensatory time off for travel in the chronological order in which it was earned, with compensatory time off for travel earned first being charged first.
• Q23. How long does an employee have to use accrued compensatory time off for travel? View more A. An employee must use his or her accrued compensatory time off for travel by the end of the 26th pay period after the pay period during which it was earned or the employee must forfeit such compensatory time off, except in certain circumstances. (See Q24 and Q25 for exceptions.)
• Q24. What if an employee is unable to use his or her accrued compensatory time off for travel because of uniformed service or an on-the-job injury with entitlement to injury compensation? View more A. Unused compensatory time off for travel will be held in abeyance for an employee who separates, or is placed in a leave without pay status, and later returns following (1) separation or leave without pay to perform service in the uniformed services (as defined in 38 U.S.C. 4303 and 5 CFR 353.102) and a return to service through the exercise of a reemployment right or (2) separation or leave without pay due to an on-the-job injury with entitlement to injury compensation under 5 U.S.C. chapter 81. The employee must use all of the compensatory time off for travel held in abeyance by the end of the 26th pay period following the pay period in which the employee returns to duty, or such compensatory time off for travel will be forfeited.
• Q25. What if an employee is unable to use his or her accrued compensatory time off for travel because of an exigency of the service beyond the employee's control? View more A. If an employee fails to use his or her accrued compensatory time off for travel before the end of the 26th pay period after the pay period during which it was earned due to an exigency of the service beyond the employee's control, the head of an agency, at his or her sole and exclusive discretion, may extend the time limit for up to an additional 26 pay periods.
• Q26. May unused compensatory time off for travel be restored if an employee does not use it by the end of the 26th pay period after the pay period during which it was earned? View more A. Except in certain circumstances (see Q24 and Q25), any compensatory time off for travel not used by the end of the 26th pay period after the pay period during which it was earned must be forfeited.
• Q27. What happens to an employee's unused compensatory time off for travel upon separation from Federal service? View more A. Except in certain circumstances (see Q24), an employee must forfeit all unused compensatory time off for travel upon separation from Federal service.
• Q28. May an employee receive a lump-sum payment for accrued compensatory time off for travel upon separation from an agency? View more A. No. The law prohibits payment for unused compensatory time off for travel under any circumstances.
• Q29. What happens to an employee's accrued compensatory time off for travel upon transfer to another agency? View more A. When an employee voluntarily transfers to another agency (including a promotion or change to lower grade action), the employee must forfeit all of his or her unused compensatory time off for travel.
• Q30. What happens to an employee's accrued compensatory time off for travel when the employee moves to a position that is not covered by the regulations in 5 CFR part 550, subpart N? View more A. When an employee moves to a position in an agency not covered by the compensatory time off for travel provisions (e.g., the United States Postal Service), the employee must forfeit all of his or her unused compensatory time off for travel. However, the gaining agency may use its own legal authority to give the employee credit for such compensatory time off.
• Q31. Is compensatory time off for travel considered in applying the premium pay and aggregate pay caps? View more A. No. Compensatory time off for travel may not be considered in applying the biweekly or annual premium pay limitations established under 5 U.S.C. 5547 or the aggregate limitation on pay established under 5 U.S.C. 5307.
• Q32. When are criminal investigators who receive availability pay precluded from earning compensatory time off for travel? View more A. Compensatory time off for travel is earned only for hours not otherwise compensable. The term "compensable" is defined at 5 CFR 550.1403 to include any hours of a type creditable under other compensation provisions, even if there are compensation caps limiting the payment of premium pay for those hours (e.g., the 25 percent cap on availability pay and the biweekly premium pay cap). For availability pay recipients, this means hours of travel are not creditable as time in a travel status for compensatory time off purposes if the hours are (1) compensated by basic pay, (2) regularly scheduled overtime hours creditable under 5 U.S.C. 5542, or (3) "unscheduled duty hours" as described in 5 CFR 550.182(a), (c), and (d).
• Q33. What constitutes "unscheduled duty hours" as described in 5 CFR 550.182(a), (c), and (d)? View more A. Under the availability pay regulations, unscheduled duty hours include (1) all irregular overtime hours—i.e., overtime work not scheduled in advance of the employee's administrative workweek, (2) the first 2 overtime hours on any day containing part of the employee's basic 40-hour workweek, without regard to whether the hours are unscheduled or regularly scheduled, and (3) any approved nonwork availability hours. However, special agents in the Diplomatic Security Service of the Department of State may count only hours actually worked as unscheduled duty hours.
• Q34. Why are criminal investigators who receive availability pay precluded from earning compensatory time off when they travel during unscheduled duty hours? View more A. The purpose of availability pay is to ensure the availability of criminal investigators (and certain similar law enforcement employees) for unscheduled duty in excess of a 40-hour workweek based on the needs of the employing agency. Availability pay compensates an employee for all unscheduled duty hours. Compensatory time off for travel is earned only for hours not otherwise compensable. Thus, availability pay recipients may not earn compensatory time off for travel during unscheduled duty hours because the employees are entitled to availability pay for those hours.

A. When an employee who receives availability pay is required to travel on a non-workday or on a regular workday (during hours that exceed the employee's basic 8-hour workday), and the travel does not meet one of the four criteria in 5 U.S.C. 5542(b)(2)(B) and 5 CFR 550.112(g)(2), the travel time is not compensable as overtime hours of work under regular overtime or availability pay. Thus, the employee may earn compensatory time off for such travel, subject to the exclusion specified in 5 CFR 550.1404(b)(2) and the requirements in 5 CFR 550.1404(c),(d), and (e).

Under the provisions in 5 U.S.C. 5542(b)(2)(B) and 5 CFR 550.112(g)(2), travel time is compensable as overtime hours of work if the travel is away from the employee's official duty station and—

(i) involves the performance of work while traveling, (ii) is incident to travel that involves the performance of work while traveling, (iii) is carried out under arduous conditions, or (iv) results from an event which could not be scheduled or controlled administratively.

The phrase "an event which could not be scheduled or controlled administratively" refers to the ability of an agency in the Executive Branch of the United States Government to control the scheduling of an event which necessitates an employee's travel. If the employing agency or another Executive Branch agency has any control over the scheduling of the event, including by means of approval of a contract for it, then the event is administratively controllable, and the travel to and from the event cannot be credited as overtime hours of work.

For example, an interagency conference sponsored by the Department of Justice would be considered a joint endeavor of the participating Executive Branch agencies and within their administrative control. Under these circumstances, the travel time outside an employee's regular working hours is not compensable as overtime hours of work under regular overtime or availability pay. Therefore, the employee may earn compensatory time off for such travel, subject to the exclusion specified in 5 CFR 550.1404(b)(2) and the requirements in 5 CFR 550.1404(c), (d), and (e).

• Q36. If an employee is required to travel on a Federal holiday (or an "in lieu of" holiday), is the employee entitled to receive compensatory time off for travel? View more A. Although most employees do not receive holiday premium pay for time spent traveling on a holiday (or an "in lieu of" holiday), an employee continues to be entitled to pay for the holiday in the same manner as if the travel were not required. Thus, an employee may not earn compensatory time off for travel during basic (non-overtime) holiday hours because the employee is entitled to his or her rate of basic pay for those hours. Compensatory time off for travel may be earned by an employee only for time spent in a travel status away from the employee's official duty station when such time is not otherwise compensable.
• Q37. If an employee's regularly scheduled tour of duty is Sunday through Thursday and the employee is required to travel on a Sunday during regular working hours, is the employee entitled to earn compensatory time off for travel? View more A. No. Compensatory time off for travel may be earned by an employee only for time spent in a travel status away from the employee's official duty station when such time is not otherwise compensable. Thus, an employee may not earn compensatory time off for travel for traveling on a workday during regular working hours because the employee is receiving his or her rate of basic pay for those hours.
• Q38. May an agency change an employee's work schedule for travel purposes? View more A. An agency may not adjust the regularly scheduled administrative workweek that normally applies to an employee (part-time or full-time) solely for the purpose of including planned travel time not otherwise considered compensable hours of work. However, an employee is entitled to earn compensatory time off for travel for time spent in a travel status when such time is not otherwise compensable.
• Q39. Is time spent traveling creditable as credit hours for an employee who is authorized to earn credit hours under an alternative work schedule? View more A. Credit hours are hours an employee elects to work, with supervisory approval, in excess of the employee's basic work requirement under a flexible work schedule. Under certain conditions, an agency may permit an employee to earn credit hours by performing productive and essential work while in a travel status. See OPM's fact sheet on credit hours  for the conditions that must be met. If those conditions are met and the employee does earn credit hours for travel, the time spent traveling would be compensable and the employee would not be eligible to earn compensatory time off for travel. If the conditions are not met, the employee would be eligible to earn compensatory time off for travel.
• Q40. May an agency restore an employee's forfeited "use-or-lose" annual leave because the employee elected to use earned compensatory time off for travel instead of using his or her excess annual leave? View more A. Section 6304(d) of title 5, United States Code, prescribes the conditions under which an employee's forfeited annual leave may be restored to an employee. (See fact sheet on restoration of annual leave .) There is no legal authority to restore an employee's forfeited annual leave because the employee elected to use earned compensatory time off for travel instead of using his or her excess annual leave.

A. No. Compensatory time off for travel may be earned by an employee only for time spent in a travel status away from the employee's official duty station when such time is not otherwise compensable. The term "compensable" is defined at 5 CFR 550.1403 to make clear what periods of time are "not otherwise compensable" and thus potentially creditable for the purpose of earning compensatory time off for travel. Time is considered compensable if the time is creditable as hours of work for the purpose of determining a specific pay entitlement (e.g., overtime pay for travel meeting one of the four criteria in 5 CFR 550.112(g)(2)) even when the time may not actually generate additional compensation because of applicable pay limitations (e.g., biweekly premium pay cap). The capped premium pay is considered complete compensation for all hours of work creditable under the premium pay provisions.

In other words, even though an employee may not receive overtime pay for all of his or her travel hours because of the biweekly premium pay cap, all of the travel time is still considered to be compensable under 5 CFR 550.112(g)(2). Under these circumstances, the employee has been compensated fully under the law for all of the travel hours and the employee may not earn compensatory time off for any portion of such travel not generating additional compensation because of the biweekly cap on premium pay.

• Q42. May an employee who receives administratively uncontrollable overtime (AUO) pay under 5 U.S.C. 5545(c)(2) earn compensatory time off for travel? View more A. If such employee's travel time is not compensable under 5 CFR 550.112(g) or 5 CFR 551.422, as applicable, and meets the requirements in 5 CFR part 550, subpart N, the employee is eligible to earn compensatory time off for travel for time spent in a travel status.
• Q43. If a part-time employee's regularly scheduled tour of duty is Monday through Friday, 8:00 a.m. to 2:30 p.m., and the employee is required to travel on a Friday from 2:30 p.m. to 4:30 p.m., is the employee entitled to earn compensatory time off for travel for those 2 hours? View more A. It depends. If the travel qualifies as compensable hours of work under 5 U.S.C. 5542(b)(2)(B) and 5 CFR 550.112(g)(2)—i.e., the travel involves or is incident to the performance of actual work, is carried out under arduous and unusual conditions, or results from an event which could not be scheduled or controlled administratively—the employee may not be credited with compensatory time off for travel hours. (Such travel time outside a part-time employee's scheduled tour of duty, but not in excess of 8 hours in a day or 40 hours in a week, would be non-overtime hours of work compensated at the employee's rate of basic pay.) If the travel time does not qualify as compensable hours of work and meets the other requirements in 5 CFR part 550, subpart N, the part-time employee would be entitled to earn compensatory time off for those 2 hours. We note travel time is always compensable hours of work if it falls within an employee's regularly scheduled administrative workweek. (See 5 U.S.C. 5542(b)(2)(A) and 5 CFR 550.112(g)(1).) For a part-time employee, the regularly scheduled administrative workweek is defined in 5 CFR 550.103 as the officially prescribed days and hours within an administrative workweek during which the employee was scheduled to work in advance of the workweek. An agency may not adjust the regularly scheduled administrative workweek normally applied to an employee (part-time or full-time) solely for the purpose of including planned travel time otherwise not considered compensable hours of work.
• Q44. Does an upgrade in travel accommodations impact an employee's entitlement to compensatory time off for travel? View more A. Allowing an employee to upgrade his or her travel accommodations (e.g., to business class) does not eliminate his or her eligibility to earn compensatory time off for travel.