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Office of Personnel Management§ 410.307§ 410.304 Funding training programs.Section 4112 of title 5, United StatesCode, provides for agencies paying thecosts of their training programs andplans from applicable appropriations orfrom other funds available. Trainingcosts associated with program accomplishment may be funded by appropriations applicable to that program area.In addition, section 4109(a)(2) of title 5,United States Code, provides authorityfor agencies and employees to sharethe expenses of training.rmajette on DSKBCKNHB2PROD with CFR§ 410.305 Establishing and using interagency training.Executive departments, independentestablishments, Government corporations subject to chapter 91 of title 31,the Library of Congress, and the Government Printing office may provide orshare training programs developed forits employees of other agencies undersection 4120 of title 5, United StatesCode, when this would result in bettertraining, improved service, or savingsto the Government. Section 302(d) ofExecutive Order 11348 allows agenciesexcluded from section 4102 of title 5,United States Code, to also receiveinteragency training when this wouldresult in better training, improvedservice, or savings to the Government.Section 201(e) of Executive Order 11348provides for the Office of PersonnelManagement to coordinate interagencytraining conducted by and for agencies(including agencies and portions ofagencies excepted by section 4102(a) ofTitle 5, United States Code).§ 410.306 Selecting and assigning employees to training.(a) Each agency shall establish criteria for the fair and equitable selection and assignment of employees totraining consistent with merit systemprinciplesspecifiedin5U.S.C.2301(b)(1) and (2).(b) Persons on IntergovernmentalPersonnel Act mobility assignmentsmay be assigned to training if thattraining is in the interest of the Government.(1) A State or local government employee given an appointment in a Federal agency under the authority of section 3374(b) of title 5 of the UnitedStates Code, is deemed an employee ofthe Federal agency. The agency mayprovide training for the State or localgovernment employee as it does forother agency employees.(2) A State or local government employee on detail to a Federal agencyunder the authority of section 3374(c)of title 5 of the United States Code, isnot deemed an employee of the Federalagency. However, the detailed State orlocal government employee may be admitted to training programs the agency has established for Federal personnel and may be trained in the rules,practices, procedures and/or systemspertaining to the Federal government.(c) Subject to the prohibitions of§ 410.308(a) of this part, an agency maypay all or part of the training expensesof students hired under the Student Career Experience Program (see 5 CFR213.3202(d)(10)).[61 FR 66193, Dec. 17, 1996; 61 FR 68119, Dec.27, 1996]§ 410.307 Training for promotion orplacement in other positions.(a) General. In determining whetherto provide training under this section,agencies should take into account:(1) Agency authority to modify qualification requirements in certain situations as provided in the OPM OperatingManual for Qualification Standards forGeneral Schedule Positions;(2) Agency authority to establishtraining programs that provide intensive and directly job-related trainingto substitute for all or part of the experience (but not education, licensing,certification, or other specific credentials), required by OPM qualificationstandards. Such training programsmay be established to provide employees with the opportunity to acquire theexperience and knowledge, skills, andabilities necessary to qualify for another position (including at a highergrade) at an accelerated rate; and(3) Time-in-grade restrictions on advancement (see 5 CFR 300.603(b)(6)).(b) Training for promotion. Under theauthority of 5 U.S.C. 4103, and consistent with merit system principlesset forth in 5 U.S.C. 2301(b)(1) and (2),an agency may provide training to nontemporary employees that in certaininstances may lead to promotion. Anagency must follow its competitive333VerDate Sep 11 201411:23 Jul 28, 2021Jkt 253008PO 00000Frm 00343Fmt 8010Sfmt 8010Y:\SGML\253008.XXX253008

rmajette on DSKBCKNHB2PROD with CFR§ 410.3085 CFR Ch. I (1–1–21 Edition)procedures under part 335 of this chapter when selecting a non-temporaryemployee for training that permitsnoncompetitive promotion after successful completion of the training.(c) Training for placement in otheragency positions, in other agencies, oroutside Government—(1) Grade or pay retention. Under the authority of 5 U.S.C.4103 and 5 U.S.C. 5364, an agency maytrain an employee to meet the qualification requirements of another position in the agency if the new positionis at or below the retained grade or thegrade of the position the employee heldbefore pay retention.(2) Training for placement in anotheragency. Under the authority of 5 U.S.C.4103(b), and consistent with merit system principles set forth in 5 U.S.C.2301, an agency may train an employeeto meet the qualification requirementsof a position in another agency if thehead of the agency determines thatsuch training would be in the interestof the Government.(i) Before undertaking any trainingunder this section, the head of theagency shall determine that there exists a reasonable expectation of placement in another agency.(ii) When selecting an employee fortraining under this section, the head ofthe agency shall consider:(A) The extent to which the employee’s current skills, knowledge, andabilities may be utilized in the new position;(B) The employee’s capability tolearn skills and acquire knowledge andabilities needed in the new position;and(C) The benefits to the Governmentwhich would result from retaining theemployee in the Federal service.(3) Training displaced or surplus employees. Displaced or surplus employeesas defined in 5 CFR 330.602 may be eligible for training or retraining for positions outside Government through programs provided under 29 U.S.C. 1651, orsimilar authorities. An agency may useits appropriated funds for training displaced or surplus employees for positions outside Government only whenspecifically authorized by legislationto do so.(4) Career transition assistance plans.Under 5 CFR part 330, subpart F, agen-cies are required to establish careertransition assistance plans (CTAP) toprovide career transition services todisplaced and surplus employees.(i) Under the authority of 5 U.S.C.4109, an agency may:(A) Train employees in the use of theCTAP services;(B) Provide vocational and career assessment and counseling services;(C) Train employees in job searchskills, techniques, and strategies; and(D) Pay for training related expensesas provided in 5 U.S.C. 4109(a)(2).(ii) Agency CTAP’s will include plansfor retraining displaced or surplus employees covered by this part.[61 FR 66193, Dec. 17, 1996, as amended at 75FR 67605, Nov. 3, 2010]§ 410.308 Training to obtain an academic degree.(a) An agency may authorize trainingfor an employee to obtain an academicdegree under conditions prescribed at 5U.S.C. 4107(a).(b) Colleges and universities participating in an academic degree trainingprogram must be accredited by a nationally recognized body. A ‘‘nationally recognized body’’ is a regional, national, or international accrediting organization recognized by the U.S. Department of Education. The listing ofaccrediting bodies is available throughthe Department.(c) The selection of employees for anacademic degree training programmust follow the requirements of§ 335.103(b)(3), § 335.103(c)(1)(iii), and subpart A of part 300 of this chapter. Theselection and assignment must be accomplished to meet one or more of thecriteria identified in 5 U.S.C. 4107(a).Therefore, an agency may competitively select and assign an employee toan academic degree training programthat qualifies the employee for promotion to a higher graded position orto a position that requires an academicdegree.(d) Agency heads must assess andmaintain records on the effectivenessof training assignments under this section.(e) On a periodic basis, OPM may request agency information on the use334VerDate Sep 11 201411:23 Jul 28, 2021Jkt 253008PO 00000Frm 00344Fmt 8010Sfmt 8010Y:\SGML\253008.XXX253008

Office of Personnel Management§ 410.402and effectiveness of training assignments under this section.[69 FR 33277, June 15, 2004]§ 410.309 Agreements to continue inservice.(a) Authority. Continued serviceagreements are provided for in section4108 of title 5, United States Code.Agencies have the authority to determine when such agreements will be required.(b) Requirements. (1) The head of theagency shall establish written procedures which include the minimum requirementsforcontinuedserviceagreements. These requirements shallinclude procedures the agency considers necessary to protect the Government’s interest should the employeefail to successfully complete training.(2) An employee selected for trainingsubject to an agency continued serviceagreement must sign an agreement tocontinue in service after training priorto starting the training. The period ofservice will equal at least three timesthe length of the training.(3) The head of an agency shall establish procedures to compute length oftraining period for academic degreetraining programs in accordance with§ 410.310(d).(c) Failure to fulfill agreements. With asigned agreement, the agency has aright to recover training costs, exceptpay or other compensation, if the employee voluntarily separates from Government service. The agency shall provide procedures to enable the employeeto obtain a reconsideration of the recovery amount or to appeal for a waiver of the agency’s right to recover.[61 FR 66193, Dec. 17, 1996; 63 FR 72097, Dec.31, 1998, as amended at 69 FR 33277, June 15,2004]rmajette on DSKBCKNHB2PROD with CFR§ 410.310Computing time in training.For the purpose of computing time intraining for continued service agreements under section 4108 of title 5,United States Code:(a) An employee on an 8-hour daywork schedule assigned to training iscounted as being in training for thesame number of hours he or she is inpay status during the training assignment. If the employee is not in pay sta-tus during the training, the employeeis counted as being in training for thenumber of hours he or she is grantedleave without pay for the purpose ofthe training.(b) For an employee on an alternative work schedule, the agency is responsible for determining the numberof hours the employee is in pay statusduring the training assignment. If theemployee is not in pay status duringthe training, the employee is countedas being in training for the number ofhours he or she is granted leave without pay for the purpose of the training.(c) An employee on an 8-hour or analternative work schedule assigned totraining on less than a full-time basisis counted as being in training for thenumber of hours he or she spends inclass, in formal computer-based training, in satellite training, in formalself-study programs, or with the training instructor, unless a different method is determined by the agency.(d) When an employee is pursuing anacademic degree through an agencyacademic degree training program, anagency may compute the length of theacademic degree training period basedon the academic institution’s established contact hours.[61 FR 66193, Dec. 17, 1996, as amended at 69FR 33277, June 15, 2004]Subpart D—Paying for TrainingExpenses§ 410.401 Determining necessary training expenses.(a) The head of an agency determineswhich expenses constitute necessarytraining expenses under section 4109 oftitle 5, United States Code.(b) An agency may pay, or reimbursean employee, for necessary expenses incurred in connection with approvedtrainingasprovidedinsection4109(a)(2) of title 5, United States Code.Necessary training expenses do not include an employee’s pay or other compensation.§ 410.402Paying premium pay.(a) Prohibitions. Except as provided byparagraph (b) of this section, an agencymay not use its funds, appropriated orotherwise available, to pay premium335VerDate Sep 11 201411:23 Jul 28, 2021Jkt 253008PO 00000Frm 00345Fmt 8010Sfmt 8010Y:\SGML\253008.XXX253008

rmajette on DSKBCKNHB2PROD with CFR§ 410.4035 CFR Ch. I (1–1–21 Edition)pay to an employee engaged in trainingby, in, or through Government or nongovernment facilities.(b) Exceptions. The following are excepted form the provision in paragraph(a) of this section prohibiting the payment of premium pay:(1) Continuation of premium pay. Anemployee given training during a period of duty for which he or she is already receiving premium pay for overtime, night, holiday, or Sunday workshall continue to receive that premiumpay. This exception does not apply toan employee assigned to full-timetraining at institutions of higher learning.(2) Training at night. An employeegiven training at night because situations that he or she must learn to handle occur only at night shall be paid bythe applicable premium pay.(3) Cost savings. An employee giventraining on overtime, on a holiday, oron a Sunday because the costs of thetraining, premium pay included, areless than the costs of the same trainingconfined to regular work hours shall bepaid the applicable premium pay.(4) Availability pay. An agency shallcontinue to pay availability pay duringagency-sanctioned training to a criminal investigator who is eligible for itunder 5 U.S.C. 5545a and implementingregulations. Agencies may, at their discretion, provide availability pay to investigators during periods of initial,basic training. (See 5 CFR 550.185 (b)and (c).)(5) Standby and administratively uncontrollable duty. An agency may continue to pay annual premium pay forregularly scheduled standby duty oradministratively uncontrollable overtime work, during periods of temporaryassignment for training as provided by5 CFR 550.162(c).(6) Firefighter overtime pay. (i) A firefighter compensated under part 550,subpart M, of this chapter shall receivebasic pay and overtime pay for the firefighter’s regular tour of duty (as defined in § 550.1302 of this chapter) in anyweek in which attendance at agencysanctioned training reduces the hoursin the firefighter’s regular tour ofduty.(ii) The special pay protection provided by paragraph (b)(6)(i) of this sec-tion does not apply to firefighters whovoluntarily participate in training during non-duty hours, leave hours, or periods of excused absence. It also doesnot apply if the firefighter is entitledto a greater amount of pay based on actual work hours during the week inwhich training occurs.(7) Agency exemption. An employeegiven training during a period not otherwise covered by a provision of thisparagraph may be paid premium paywhen the employing agency has beengranted an exception to paragraph (a)of this section by the U.S. Office ofPersonnel Management.(8) Border Patrol agent overtime supplement. A Border Patrol agent may receive an overtime supplement under 5U.S.C. 5550 and 5 CFR part 550, subpartP, during training, subject to the limitation in 5 U.S.C. 5550(b)(2)(G) and(b)(3)(G) and 5 CFR 550.1622(b).(c) An employee who is exceptedunder paragraph (b) of this section iseligible to receive premium pay in accordance with the applicable pay authorities.(d) Regulations governing overtimepay for employees covered by FairLabor Standards Act (FLSA) duringtraining, education, lectures, or conferences are found in § 551.423 of thischapter. The prohibitions on payingpremium pay found in paragraph (a) ofthis section are not applicable for thepurpose of paying FLSA overtime pay.(e) Compensation for time spent traveling to and from training. (1) Compensation provisions are contained in 5CFR 550.112(g) for time spent travelingfor employees subject to title 5 of theUnited States Code.(2) Compensation provisions are contained in 5 CFR 551.422 for time spenttraveling for employees covered by theFair Labor Standards Act. (See also 29CFR 785.33 through § 785.41.)[61 FR 66193, Dec. 17, 1996, as amended at 63FR 64592, Nov. 23, 1998; 64 FR 69172, Dec. 10,1999; 67 FR 15466, Apr. 2, 2002; 80 FR 58111,Sept. 25, 2015]§ 410.403 Payments for temporary dutytraining assignments.Section 4109(a)(2) of title 5, UnitedStates Code, provides that an agencymay pay, or reimburse an employee336VerDate Sep 11 201411:23 Jul 28, 2021Jkt 253008PO 00000Frm 00346Fmt 8010Sfmt 8010Y:\SGML\253008.XXX253008

rmajette on DSKBCKNHB2PROD with CFROffice of Personnel Management§ 410.501for, all or a part of the necessary expenses of training, including the necessary costs of travel; per diem expenses; or limited relocation expensesincluding transportation of the immediate family, household goods and personal effects:(a) If an agency chooses to pay perdiem, or in unusual circumstances theactual subsistence, expenses for an employee on a temporary duty trainingassignment, payment must be in accordance with 41 CFR part 301–7 or 41CFR part 301–8 (or, for commissionedofficers of the National Oceanic andAtmospheric Administration, in accordance with sections 404 and 405 oftitle 37, United States Code, and theJoint Federal travel Regulations forthe Uniformed Services).(b) An agency may pay a reduced perdiem rate, such as a standardized payment less than the maximum per diemrate for a geographical area. If a reduced or standardized per diem ratewas not authorized in advance of thetravel and the fees paid to a traininginstitution include lodging or mealcosts, an appropriate deduction shallbe made from the total per diem ratepayable on the travel voucher (see 41CFR 301–7.12).(c) An agency may pay limited relocation expenses for the transportationof the employee’s immediate family,household goods and personal effects,including packing, crating, temporarily storing, draying, and unpackingthe household goods in accordance withsection 5724 of title 5, United StatesCode (or, for commissioned officers ofthe National Oceanic and AtmosphericAdministration, in accordance withsections 406 and 409 of title 37, UnitedStates Code, and the Joint federal travel Regulations for the uniformed Services). Limited relocation expenses arepayable only when the estimated costsof transportation and related servicesare less than the estimated aggregateper diem or actual subsistence expensepayments for the period of training. Anemployee selected for temporary dutytraining may receive travel and perdiem (or actual subsistence expenses)for the period of the assignment orpayment of limitedpenses, but not both.relocation[61 FR 66193, Dec. 17, 1996; 61 FR 66821, Dec.30, 1996]§ 410.404 Determining if a conferenceis a training activity.Agencies may sponsor an employee’sattendance at a conference as a developmental assignment under section4110 of title 5, United States Code,when—(a) The announced purpose of theconference is educational or i

learn skills and acquire knowledge and abilities needed in the new position; and (C) The benefits to the Government which would result from retaining the employee in the Federal service. (3) Training displaced or surplus em-ployees. Displaced or surplus employees as defined in 5 CFR 330.602 may be eli-gible for training or retraining for posi-