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SMG 1430.5

FDA STAFF MANUAL GUIDES, VOLUME II - DELEGATIONS OF AUTHORITY

ADMINISTRATIVE - PERSONNEL

AUTHORITY TO APPROVE OVERTIME

Effective Date: 02/16/2005

[PDF Version]

1. AUTHORITY DELEGATED.

To approve regularly scheduled and irregular or occasional overtime for personnel within one's organization.

2. TO WHOM DELEGATED.

Deputy Commissioners; Associate Commissioners; Chief Counsel and Deputies; Center Directors and Deputies; Assistant Commissioner for Regulatory Affairs; and Director, Office of Management, CDER; Director, Office of Management, CBER; Director, Office of Management Systems, CFSAN; Associate Director for Management and Systems, CDRH; Director, Office of Management, CVM; Deputy Center Director for Management, NCTR, and Director, Office of Management Services, NCTR; Director, Office of Resource Management, ORA; Director, Office of Shared Services, Office of Management (OM), Office of the Commissioner (OC); Chief Information Officer, OM, OC; and Director, Office of Executive Operations, OM, OC; with restrictions listed under REDELEGATION AND CERTIFICATION.

All previous delegations of authority inconsistent with the provisions of this delegation are superseded.

3. LIMITATIONS.

A. Before approving overtime, authorized officials must ensure that overtime funds are available.

B. Authority to approve regularly scheduled and irregular or occasional overtime for individuals who are under his/her direct supervision remains with the Commissioner.

C. Members of the Senior Executive Service (SES) and Physicians receiving Physicians Special Pay (T-38) are not eligible for overtime compensation.

D. Employees receiving pay at the GS-15, step 10, level may not receive overtime compensation.

4. REDELEGATION AND CERTIFICATION.

A. The authority to approve regularly scheduled and irregular or occasional overtime may be redelegated to officials who are the second-level supervisors, or higher, of the employees for whom overtime is authorized. This includes irregular and occasional or regularly scheduled overtime payment for work performed at home or at an alternative worksite. The authority may be redelegated to the first-level supervisor when the second-level supervisor is not located in the same commuting area as the first-level supervisor.

B. The authority to authorize additional annual compensation as authorized under 5 C.F.R §550.151 (administratively uncontrollable work (AUW)) may only be redelegated to principal agency field officials, for field employees, with no further redelegation authorized. Before authorizing AUW, field officials should contact the HHS Rockville Human Resources Center for the most recent guidance and procedural requirements on AUW.

Any redelegation must be in writing and specify the nature and extent of the authority redelegated. Delegates must be certified as knowledgeable about the legal, regulatory, and policy requirements regarding overtime approval. A copy of the redelegation of this authority must be furnished to the Director, Office of Management Programs (HFA-400) and to the FDA Delegations Officer (HFA-340). Delegates are subject to compliance audits.

5. EFFECTIVE DATE.

This delegation was signed by Kathleen Heuer, Associate Commissioner for Management, and became effective on February 16, 2005