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S. 838: Federal Firefighter Flexibility and Fairness Act


The text of the bill below is as of Mar 18, 2021 (Introduced).


II

117th CONGRESS

1st Session

S. 838

IN THE SENATE OF THE UNITED STATES

March 18, 2021

(for himself, Mr. Tester, Ms. Collins, and Mr. Carper) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

A BILL

To amend section 5542 of title 5, United States Code, to provide that any hours worked by Federal firefighters under a qualified trade-of-time arrangement shall be excluded for purposes of determinations relating to overtime pay.

1.

Short title

This Act may be cited as the Federal Firefighter Flexibility and Fairness Act.

2.

Treatment of hours worked under a qualified trade-of-time arrangement

Section 5542 of title 5, United States Code, is amended by adding at the end the following:

(h)
(1)

Notwithstanding any other provision of this section, any hours worked by a firefighter under a qualified trade-of-time arrangement shall be disregarded for purposes of any determination relating to eligibility for, or the amount of, any overtime pay under this section.

(2)

For purposes of this subsection—

(A)

the term qualified trade-of-time arrangement means an arrangement under which 2 firefighters who are employed by the same agency agree, solely at their option and with the approval of their employing agency, to substitute for one another during scheduled work hours in the performance of work in the same capacity; and

(B)

the term firefighter means a firefighter as defined by section 8331(21) or 8401(14).

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