5 U.S.C. § 6121
Section 6121 · Definitions
Amended 5 times on record
Applied in 14 court decisions — leading case Doe v. United States (2008)
Most recently applied in Austin v. United States (September 2016)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
For purposes of this subchapter—
“agency” means any Executive agency, any military department, the Government Publishing Office, the Library of Congress, the Architect of the Capitol, and the Botanic Garden;
“employee” has the meaning given the term in subsection (a) of section 2105 of this title, except that such term also includes an employee described in subsection (c) of that section;
“basic work requirement” means the number of hours, excluding overtime hours, which an employee is required to work or is required to account for by leave or otherwise;
“credit hours” means any hours, within a flexible schedule established under section 6122 of this title, which are in excess of an employee’s basic work requirement and which the employee elects to work so as to vary the length of a workweek or a workday;
“compressed schedule” means—
in the case of a full-time employee, an 80-hour biweekly basic work requirement which is scheduled for less than 10 workdays, and
in the case of a part-time employee, a biweekly basic work requirement of less than 80 hours which is scheduled for less than 10 workdays;
“overtime hours”, when used with respect to flexible schedule programs under sections 6122 through 6126 of this title, means all hours in excess of 8 hours in a day or 40 hours in a week which are officially ordered in advance, but does not include credit hours;
“overtime hours”, when used with respect to compressed schedule programs under sections 6127 and 6128 of this title, means any hours in excess of those specified hours which constitute the compressed schedule; and
“collective bargaining”, “collective bargaining agreement”, and “exclusive representative” have the same meanings given such terms—
by section 7103(a)(12), (8), and (16) of this title, respectively, in the case of any unit covered by chapter 71 of this title; and
in the case of any other unit, by the corresponding provisions applicable under the personnel system covering this unit.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Amendments
2009—Par. (1). Pub. L. 111–68 substituted “the Library of Congress, the Architect of the Capitol, and the Botanic Garden” for “and the Library of Congress”.
1996—Par. (2). Pub. L. 104–106 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “ ‘employee’ has the meaning given it by section 2105 of this title;”.
1989—Par. (1). Pub. L. 101–163 inserted “the Government Printing Office,” after “military department,”.
Change of Name
“Government Publishing Office” substituted for “Government Printing Office” in par. (1) on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.