Creating a Maxiflex policy for your IC/O

On April 22, 2024, HHS released the updated Instruction 990-1 Workplace Flexibilities Policy. NIH OHR's Workplace Flexibilities websites and resources are in the process of being updated due to recent policy changes. We appreciate your patience as we update our resources and release communications related to policy implementation.

In order to implement a Maxiflex Work Schedule, each IC/O must develop an internal Maxiflex policy that provides employees with IC/O-specific parameters for using Maxiflex. This policy must be approved by the Office of Human Resources’ Workforce Relations Division. Please note that while each IC/O may further narrow Maxiflex parameters, they may not be broader than those identified in NIH Manual Chapter 2300-610-4 Alternative Work Schedules, which are also listed below.

The following parameters must be addressed in your IC/O policy:

  • Address eligibility to utilize a Maxiflex Work Schedule
    • Could be similar to eligibility for telework
    • This schedule may not be appropriate for all positions
  • Minimum number of hours worked in a day, to be no less than 2
  • Maximum number of hours worked in a day, to be no more than 13
  • Minimum number of hours worked in a week, to be no less than 20
  • Maximum number of hours worked in a week, to be no more than 60
  • Earliest start time available, to be no earlier than 5 a.m.
  • Latest end time available, to be no later than 11:59 p.m.
  • Core Hours, on at least one day but no more than nine days in a pay period
    • Employee must be working or on leave during core hours
  • Allowance for work on Saturdays
    • Employee discretion or does it need pre-approval?
  • Eligibility to earn and use credit hours
    • One time supervisory approval, but not all employees have to be eligible
    • Minimum time to earn – i.e. at least one hour?
  • Guidelines for use of split schedules o i.e. entering into ITAS, notifying supervisor, etc.
  • Procedures for informing supervisor of schedule and scheduling changes
    • Recommend employees establish a typical arrival time & any deviation more than one hour (or whatever time you establish) earlier or later should be communicated to supervisor; identify by when/how
    • Recommend requiring employees enter anticipated schedule into ITAS at the beginning of each pay period (this can be changed throughout the pay period)