IAFF LEGISLATIVE FACT SHEET

FEDERAL FIRE FIGHTER TRADE TIME

The IAFF supports legislation to exclude trade time from federal fire fighter overtime pay and urges Members of Congress to cosponsor the bill.

BACKGROUND

Under the Fair Labor Standards Act (FLSA), municipal fire fighters across the country are allowed to swap shifts or “trade time” and still be paid according to their regular work schedules. Municipal fire fighters who trade time are paid as if they had worked their scheduled shifts. This workplace flexibility gives fire fighters at the state and local level the ability to take time off for family obligations by trading shifts with fellow fire fighters without drawing down their leave.

Unlike their municipal counterparts, federal fire fighters can only trade time within a two-week pay period. Any shift swaps outside a pay period affects calculation of hours worked and overtime pay. Currently, if two federal fire fighters swap shifts outside of a pay period, one would have his or her weekly pay reduced, while the other would be paid overtime. This is inconvenient for the fire fighters and costly for the federal government.

Excluding trade time from the calculation of overtime pay in the federal sector would serve as a cost-effective tool to give more leave flexibility to federal fire fighters while maintaining minimum staffing requirements during potential federal fire fighter manpower shortages. Trade time may also aid in the ability of federal agencies to recruit and retain trained fire fighters and boost fire fighter morale. Federal fire fighters deserve the same flexibilities in the workplace as their fellow state and local fire fighters.

In the last Congress, Representative John Sarbanes (D-MD) and Senator Jim Webb (D-VA) each introduced legislation to address this inequity by excluding trade time from the calculation of overtime pay for federal fire fighters. Although the legislation passed the House unanimously, the Senate was unable to consider the bill before the end of session.

CURRENT LEGISLATION

U.S. House:          H.R. 987, the Federal Firefighter Flexibility and Fairness Act
                            Sponsor:     Representative John P. Sarbanes (D-MD)

                                               View Cosponsors Here

U.S. Senate:         S. 531, Legislation to exclude trade time from federal fire fighter overtime pay
                            Sponsor:     Senator Jim Webb (D-VA)

                                               View Cosponsors Here

Summary:            H.R. 987 and S. 531 would exclude trade time from the calculation of overtime pay for
                            federal fire fighters.

CONGRESSIONAL ACTION

On March 9, 2011, H.R. 987 was introduced in the U.S. House of Representatives and referred to the Committee on Oversight and Government Reform.

On March 9, 2011, S. 531 was introduced in the U.S. Senate and referred to the Committee on Homeland Security and Governmental Affairs.