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.
Overview
While employees on Maxiflex do not have a set tour of duty, they typically plan out their schedule at the beginning of each pay period or have a day to day expectation of the number of hours they will work. As such, employees on Maxiflex are generally expected to follow this plan/expectation when inclement weather leads to a change in operating status. If unusual circumstances exist, an employee can discuss modifying their intended work schedule with their supervisor. Core hours will need to be met by working or taking leave, unless the situation calls for excused absence.
Examples
If an employee on a Maxiflex Work Schedule planned to work 9 hours on a day a change in operating status is announced they have the following options:
- On a day when federal offices are open with the option for unscheduled leave or telework, they can report to the office, request ad hoc telework, request unscheduled leave, or a combination thereof that equates to 9 hours; or
- On a day when federal offices are under a delayed arrival, they can request ad hoc telework or unscheduled leave for 9 hours or report to duty based on the delayed arrival announcement (i.e. under a 2 hour delayed arrival, they would work at least 7 hours and request up to 2 hours excused absence);
- On a day when federal offices are closed, they can request ad hoc telework or unscheduled leave for 9 hours, or a combination of both.
If they face unusual circumstances, such as a lack of dependent care for an infant, they may request to re-arrange their hours on another day in the pay period and/or request unscheduled leave. Supervisors do have the discretion to approve limited excused absence in appropriate circumstances, as outlined in OPM and NIH inclement weather guidance.
If an employee on a Maxiflex Work Schedule did not plan to work any regular hours on a day a change in operating status is announced, they may re-arrange their schedule to work regular hours if they are able to report to the office or if they are on a telework agreement, are prepared for ad hoc telework, and receive approval from their supervisor.
Please note
These examples are not intended to be all inclusive and instead are provided to serve as a general guide for the impact a change in operating status has on an employee who is using a Maxiflex Work Schedule. Employees and supervisors should review the complete guidance provided by OPM and AlertNIH messaging during a change in operating status.