Number: DAO 202-340

                                                    Effective Date: 2023-01-05

SECTION  1.  PURPOSE.

.01        This Order establishes policies and procedures applicable to the Part-Time Career Employment Program in the Department of Commerce (the Department).

.02        This revision:  adds positions covered by a pay-for-performance system; clarifies regulations, eliminates specific and periodic reporting requirements to the Departmental Coordinator and to the Office of Personnel Management; and adds Section 2, “Background and Authority” and Section 15, “Dealings with Employee Organizations.”

SECTION 2.  BACKGROUND AND AUTHORITY.

.01         Congress finds that many individuals in our society possess great productive potential which goes unused because they cannot meet the requirements of a standard workweek; part-time permanent employment fits the needs of many.  The purpose of the Federal Employees Part-Time Career Employment Act of 1978, 5 United States Code (U.S.C.) 3401-3408, 5 Code of Federal Regulations 340, and related provision of Public Law 95-437 is to provide increased part-time career employment opportunities throughout the Federal Government.

SECTION 3.  POLICY.

.01         It is the policy of the Department to provide career part‑time employment opportunities to the maximum extent possible, consistent with agency resources and mission requirements for positions at the GS‑l through 15, wage-grade positions, and positions covered by a pay-for-performance system.  This policy recognizes the desirability of making maximum use of all available human resources including those qualified individuals who are available for part-time employment.  It represents an opportunity to acquire talented workers who might otherwise not be available to the Department.  Selection of part-time employees shall be made without regard to religion, race, color, national origin, marital status, sex, age, disability, political affiliation, or other non-merit factors.

SECTION 4.  DEFINITIONS.

.01         Part-time career employment is regularly scheduled work from 16 to 32 hours per week or 32 to 64 hours during a biweekly pay period in the case of a flexible or compressed work schedule in either the permanent competitive or excepted service in Tenure Group I or II.  Employment on a temporary or intermittent basis is not included.

.02         Tenure Group I includes employees in the competitive service who are serving under a career appointment, who are not serving probation, and permanent employees in the excepted service whose appointment carries no restrictions or conditions of employment such as conditional, indefinite, specific time limitation, or trial period.

.03        Tenure Group II includes employees in the competitive service who are serving probation, career conditional employees, and employees in the excepted service who are serving trial periods, whose tenure is indefinite, or whose tenure is equivalent to career-conditional in the competitive service.

.04        Organization Unit means each Operating Unit and the Office of the Secretary.

SECTION 5.  SCOPE.

.01         The provisions herein are applicable to all Operating Units.

SECTION 6.  EXCEPTIONS.

.01        This Order does not apply to:  positions in the Senior Executive Service; to Senior Level, Scientific/Professional positions; positions where an existing collective bargaining agreement establishes the number of hours of employment per week; employees who work under a mixed tour of duty; and career part-time employees who were working on a permanent part-time basis on the effective date of the Act (April 8, 1979), as long as they have continued to work on a part-time basis, without a break in service of more than three days, and did not leave their part-time schedule on other than a temporary basis.

.02        The Department’s Office of Human Resources Management may authorize such additional exceptions as deemed necessary for the Department to carry out its mission.  In no case will exceptions be authorized to permit regular tours of duty of more than 32 hours per week for career part-time employees.  However, the actual work hours can be increased to more than 32 hours per week for a limited period of time to meet heavy workloads, etc.

.03        Employees in tenure group I or II may be permitted to work less than 16 hours per week in order to carry out the Department’s mission.

SECTION 7.  DESIGNATION OF COORDINATORS.

.01        Departmental Coordinator.  The Department’s Office of Human Resources Management shall designate a Coordinator for the Part-Time Employment Program who shall have overall responsibility for carrying out the Department’s program.  The Program Coordinator shall:

a.           Review Program goals and timetables developed by the Organization Units within the Department;

b.           Consult with parties in special emphasis areas, with the advice and assistance of the Office of Civil Rights, e.g., equal employment opportunity, selective placement, veterans, etc.;

c.           Serve as the Departmental liaison with groups, organizations, and individuals promoting part-time employment;

d.           Respond to Organization Unit requests for policy guidance on the Program;

e.           Prepare consolidated reports on the Program upon request;

f.            Monitor overall progress of the Program within the Department, including effectiveness in special emphasis areas, (e.g., equal employment opportunity, selective placement, veterans, etc.); and;

g.           Serve as the point of contact for all other aspects of the Program.

.02        Organization Unit Coordinators.  Each Organization Unit shall designate a Coordinator for the Part-Time Employment Program, who shall have overall responsibility for carrying out the Organization Unit’s program.  The Program Coordinator shall:

a.           Oversee the development and implementation of part-time employment goals and timetables, and coordinate with budget and ceiling control staff as necessary;

b.           Obtain regular input from Organization Unit officials of the Equal Employment Opportunity Program, including the Federal Women’s and Hispanic Employment Program Coordinators, Disability Program Coordinators, etc., to ensure that goals and timetables address specific needs for providing employment opportunities for women and minorities, and to assess the affect of the Organization Units’s Part-Time Employment Program on employment patterns and occupational concentration of minorities and women;

c.           Consult on the Organization Unit’s Part-Time Employment Program with parties in special interest areas (e.g., employment of the disabled, employment of veterans, and upward mobility), and with representatives of employee organizations, etc.;

d.           Respond to requests for advice and assistance on part-time employment from within the Organization Unit;

e.           Maintain Organization Unit liaison with groups promoting part-time employment opportunities;

f.            Prepare reports on part-time employment for transmittal to the Departmental Coordinator upon request;

g.           Monitor progress in expanding part-time employment opportunities; and

h.           Ensure that Organization Unit managers, supervisors, and employees are kept informed on all aspects of the Part-Time Employment Program.

SECTION 8.  GOALS AND TIMETABLES.

.01        As required by Title 5, USC 3402 (a)(1)(C), each Organization Unit shall set annual goals for establishing or converting positions to part-time career employment, including a timetable with interim and final deadlines for achieving such goals.  Goals for each fiscal year must be established and reported to the Departmental Coordinator by the end of the preceding fiscal year.   Separate goals shall be established for: (a) newly established part-time career positions and (b) conversion of full-time career positions to part-time career positions.

.02        In establishing goals and timetables, Organization Units are required to consider such criteria as:

a.           Agency mission and occupational mix;

b.           Workload fluctuations;

c.           Size of workforce, turnover rate, or employment trends;

d.           Affirmative action;

e.           Past experience with part-time employment (to include analysis of current part-time employment utilization);

f.            Patterns of overtime utilization;

g.           Potential for improving service to the public; and

h.           Personnel ceiling allowances and fiscal constraints.

SECTION 9.  PROGRAM REVIEW AND EVALUATION.

.01          The Part-Time Career Employment Program will be subject to continuing review and evaluation by the Departmental Program Coordinator.

SECTION 10.  VACANCY POSITION REVIEW.

.01          Organization Units are required to establish permanent procedures providing for all vacant positions covered by the Program to be reviewed for the feasibility of being filled on a part-time career employment basis.  This review shall include consideration of criteria such as those used to establish goals and timetables.

SECTION 11.  ESTABLISHMENT AND CONVERSION OF PART-TIME CAREER POSITIONS.

.01        Operating Units shall develop ongoing procedures to permit employees to request and receive consideration to change from full-time to part-time schedules.  Opportunities to change from full-time to part-time employment shall be given to employees whenever feasible.  However, no full-time employee shall be required to accept part-time employment as a condition of continued employment.

.02        Operating Units shall not abolish any full-time position occupied by an employee for the sole purpose of making the duties of the position available to be performed on a part-time career employment basis.

SECTION 12.  NOTIFYING THE PUBLIC OF PART-TIME VACANCIES.

.01         Operating Units shall notify the public of vacant part-time positions through such methods as Federal Job Information announcements, position vacancy listings, and other means as may be developed for the Program.

SECTION 13.  PERSONNEL CEILINGS.

.01          Each employee serving on a part-time career basis shall be counted towards the Organization Unit's personnel ceiling as a fraction which is determined by dividing 40 hours into the average number of hours of such employee's regularly scheduled workweek.

SECTION 14.  LABOR ORGANIZATION REPRESENTATION.

.01           If a labor organization has been accorded exclusive recognition with respect to an Organization Unit within the Department, the labor organization shall be entitled to represent all employees within that Unit regardless of their full or part-time employment basis.

SECTION 15.  DEALINGS WITH EMPLOYEE ORGANIZATIONS.

.01            The Department may consult or deal with a veterans organization, or with a religious, social, fraternal, professional, or other lawful association (which is not a labor organization), with respect to matters or policies which involve individual members of the organization or association or are of particular applicability to it or its members, whether they are full-time or part-time employees. Supervisors and managers are to contact their servicing human resource office if they have any questions concerning the nature of their dealings with such organizations or associations.

SECTION 16. EFFECT ON OTHER ORDERS.

.01              This Order supersedes Department Administrative Order 202-340 of April 6, 2009.

Signed by: Director for Human Resources Management

Approved by: Acting Chief Financial Officer and Assistant Secretary for Administration

Office of Primary Interest: Office of Human Resources Management