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U.S. ENVIRONMENTAL PROTECTION AGENCY
OFFICE OF INSPECTOR GENERAL
Hotline Report: Spending Taxpayer Dollars
Enhanced Controls Needed to
Prevent Further Abuse of
Religious Compensatory Time
Report No. 16-P-0333	September 27, 2016

Lack of
guidance

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Report Contributors:	Jean Bloom
Kevin Collins
Abbreviations
CFR	Code of Federal Regulations
EPA	U.S. Environmental Protection Agency
FY	Fiscal Year
GS	General Schedule
OCSPP	Office of Chemical Safety and Pollution Prevention
OIG	Office of Inspector General
OPM	U.S. Office of Personnel Management
RCT	Religious Compensatory Time
Cover image: Figure illustrating weaknesses in agency's controls for religious compensatory
time that resulted in payouts to employees and may lead to additional payouts.
(EPA OIG graphic)
Are you aware of fraud, waste or abuse in an
EPA program?
EPA Inspector General Hotline
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Washington, DC 20460
(888) 546-8740
(202) 566-2599 (fax)
OIG Hotline@epa.gov
Learn more about our OIG Hotline.
EPA Office of Inspector General
1200 Pennsylvania Avenue, NW (2410T)
Washington, DC 20460
(202) 566-2391
www.epa.gov/oiq
Subscribe to our Email Updates
Follow us on Twitter @EPAoig
Send us your Project Suggestions

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U.S. Environmental Protection Agency
Office of Inspector General
At a Glance
16-P-0333
September 27, 2016
Why We Did This Audit
The U.S. Environmental
Protection Agency Office of
Inspector General received a
hotline complaint about the
earning and accumulation of
Religious Compensatory Time
hours. Based on the hotline
complaint, we initiated an audit
on the sufficiency of the EPA's
policies and procedures
governing Religious
Compensatory Time. The
hotline complaint involved a
retired Office of Chemical
Safety and Pollution Prevention
(OCSPP) employee.
Federal law allows employees
the opportunity to adjust their
work schedules to earn time off
for religious purposes. This
compensatory time can be
earned in advance or be repaid
after the religious observance.
This report addresses the
following EPA goal or
cross-agency strategy:
• Embracing EPA as a high-
performing organization.
Send all inquiries to our public
affairs office at (202) 566-2391
or visit www.epa.gov/oia.
Listing of OIG reports.
Enhanced Controls Needed to Prevent
Further Abuse of Religious Compensatory Time
What We Found
Based on our analysis, time and attendance records
support that the retired OCSPP employee earned the
accumulated Religious Compensatory Time hours.
However, we identified concerns with the EPA's
internal controls that allowed the excessive
accumulation of Religious Compensatory hours by
agency employees, and the OCSPP employee
received a payout of $32,469 for unused Religious
Compensatory Time upon retirement.
Inadequate controls
for Religious
Compensatory Time
resulted in payouts
to employees of
$73,514, and may
result in additional
payouts of up to
$81,927.
EPA policy and procedures on accumulation and use of Religious Compensatory
Time meet the requirements of federal laws and regulations, but are not specific
enough to prevent abuse. The agency's controls do not enforce the requirement
for employees to link the earning of Religious Compensatory Time to specific
religious observances. The EPA lacks detailed controls covering the
accumulation, use and monitoring of Religious Compensatory Time, resulting in
practices being noncompliant with the intent of federal law and regulations, and
not being consistent with U.S. Office of Personnel Management best practices.
Inadequate controls allowed several agency employees to maintain significant
positive Religious Compensatory Time balances for extended periods of time
without intended use plans. Also, significant negative balances were retained
without a plan to repay the hours. The agency has not provided staff with training
or established adequate guidance to effectively manage and monitor Religious
Compensatory Time. As a result, in addition to the OCSPP employee, the EPA
paid 13 other employees $41,045 for unused Religious Compensatory Time upon
separation. Further, if no action is taken to reduce additional employees' high
balances, future payments totaling up to $81,927 could be made.
Recommendations and Planned Agency Corrective Actions
We recommend that the Assistant Administrator for Administration and
Resources Management enhance internal controls over Religious Compensatory
Time by revising its policies and procedures, requiring documentation of intended
use plans, prohibiting the earning of additional religious compensatory hours in
excess of the maximum established balance, and developing training on proper
use of Religious Compensatory Time. Further we recommend that the Chief
Financial Officer modify the EPA's payroll and time and attendance system to
prevent employees from accumulating excessive Religious Compensatory Time.
The Office of Administration and Resources Management concurred, and
provided estimated completion dates for Recommendations 1 through 3; those
recommendations are open with corrective actions in process. The Office of the
Chief Financial Officer concurred with Recommendation 4. However, the
proposed corrective actions do not fully meet the intent of Recommendation 4;
therefore, the recommendation is unresolved.

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2	\	UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
°	%	WASHINGTON, D.C. 20460
prO^
THE INSPECTOR GENERAL
September 27, 2016
MEMORANDUM
SUBJECT: Enhanced Controls Needed to Prevent Further Abuse of
Religious Compensatory Time
Report No 16-P-0333
FROM: Arthur A. Elkins Jr. / /. j/jum u- f/^ f
TO:	A. Stanley Meiburg, Acting Deputy Administrator
Donna J. Vizian, Acting Assistant Administrator
Office of Administration and Resources Management
David Bloom, Deputy Chief Financial Officer
Office of the Chief Financial Officer
This is our report on the subject audit conducted by the Office of Inspector General (OIG) of the
U.S. Environmental Protection Agency (EPA). The project number for this audit was OA-FY15-0180.
This report contains findings that describe the problems the OIG has identified and corrective actions
the OIG recommends. This report represents the opinion of the OIG and does not necessarily represent
the final EPA position.
The EPA offices responsible for the recommendations in this report are the Office of Human
Resources, within the EPA's Office of Administration and Resources Management, and the EPA
Office of the Chief Financial Officer.
Action Required
The Office of Administration and Resources Management provided sufficient corrective actions plans
for addressing Recommendations 1, 2 and 3, with estimated completion dates. No further response
from that office is required, although one can be provided. Recommendation 4, addressed to the Office
of the Chief Financial Officer, is unresolved with resolution efforts in progress. The proposed
corrective action is incomplete and a milestone completion date is needed. Therefore, in accordance
with EPA Manual 2750, the Office of the Chief Financial Officer is required to provide a written
response within 60 calendar days. The response should include planned correctives and completion
dates for Recommendation 4.
The OIG may make periodic inquiries on progress in implementing corrective actions for all the
recommendations. Please update the EPA's Management Audit Tracking System as you complete

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planned corrective actions. Final responses from the agency will be posted on the OIG's public website,
along with our memorandum commenting on each response. A response should be provided as an
Adobe PDF file that complies with the accessibility requirements of Section 508 of the Rehabilitation
Act of 1973, as amended. The final response should not contain data that you do not want to be
released to the public; if your response contains such data, you should identify the data for redaction or
removal along with corresponding justification.
This report will be available at www.epa.gov/oig.

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Enhanced Controls Needed to Prevent
Further Abuse of Religious Compensatory Time
16-P-0333
Table of C
Chapters
1	Introduction		1
Purpose		1
Background		1
Responsible Offices		4
Scope and Methodology		4
2	Regarding Hotline Allegations, OCSPP Employee
Was Paid for Unused RCT		6
Time and Attendance Records Support Hours Earned		6
OCSPP Employee Banked RCT Hours		6
3	EPA Needs to Improve Controls to Prevent
Further Abuse of RCT		8
EPA's Policy and Procedures for RCT		8
Current Employees' Use of RCT		10
Current Employees Are Banking RCT Hours		10
EPA Lump Sum Payments Made for Banked RCT Hours		12
Employees Also Had Negative RCT Balances		13
Conclusion		13
Recommendations		14
Summary of Agency Responses and OIG Evaluation		14
Status of Recommendations and Potential Monetary Benefits		16
Appendices
A Details of OCSPP Employee Labor Charges by Pay Period
Between January 2010 and December 2014		17
B RCT Details for Sampled Employees		22
C Office of Administration and Resources Management's
Response to Draft Report		26
D Office of the Chief Financial Officer's Response to Draft Report		29
E Distribution		32

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Chapter 1
Introduction
Purpose
The U.S. Environmental Protection Agency (EPA) Office of Inspector General
(OIG) received a hotline complaint about the earning and accumulation of
Religious Compensatory Time (RCT) hours. Based on the hotline complaint, we
initiated an audit to determine the sufficiency of the EPA's policies and
procedures governing RCT.
Background
On January 14, 2015, the OIG received a hotline complaint from the EPA Office
of Administration and Resources Management's Human Resources Management
Division about a retiring Office of Chemical Safety and Pollution Prevention
(OCSPP) employee who accumulated a balance of 495.75 RCT hours. The
complainant alleged that the employee, who is now retired, may not have worked
the hours accumulated, and may have been using RCT as a leave bank.
Purpose of Religious Compensatory Time
RCT allows employees to be on approved absence from their regular work
schedule for religious reasons, without a charge to leave or loss of pay, by
working additional hours at another time. Employees may earn RCT in advance
of or after a religious observance. RCT is a rearrangement in an employee's work
schedule and entails no entitlement whatsoever to premium pay.
Federal Law and Regulations Related to RCT
Compensatory time off for religious observances was authorized as part of the
Federal Employees Flexible and Compressed Work Schedules Act of1978, Public
Law 95-390, on September 29, 1978, and codified in 5 U.S. Code § 5550a. The
law states:
... an employee whose personal religious beliefs require the
abstention from working during certain periods of time may elect
to engage in overtime work for time lost for meeting those
religious requirements. Any employee who so elects such overtime
work shall be granted equal compensatory time off from his
scheduled tour of duty (in lieu of overtime pay) for such religious
reasons, notwithstanding any other provision of law.
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In addition, a Comptroller General Decision of 19831 stated:
Section 5550a is specifically concerned with the amount of
freedom enjoyed by federal employees in exercising their religious
beliefs. The free exercise of such beliefs is a fundamental right
guaranteed under the First Amendment of the United States
Constitution.
The Comptroller General Decision further opined that federal employees are
provided the opportunity to "worship ... freely, without losing their pay or
accumulated leave," and are afforded the opportunity to engage in overtime work
and receive equal compensatory time off for the time used for personal religious
observance.
The U.S. Office of Personnel Management (OPM) promulgated regulations
implementing 5 U.S. Code 5550a in the Code of Federal Regulations (CFR) at
5 CFR §§550.1001 and 550.1002. Section 550.1002 provides that agencies may:
... grant compensatory time off to an employee requesting such
time off for religious observances when the employee's personal
religious beliefs require that the employee abstain from work....
***
... the employee may work such compensatory overtime before or
after the grant of compensatory time off. A grant of advanced
compensatory time off should be repaid by the appropriate amount
of compensatory overtime work within a reasonable amount of
time. Compensatory overtime shall be credited to an employee on
an hour for hour basis or authorized fractions thereof. Appropriate
records will be kept of compensatory overtime earned and used.
The regulation stipulates that RCT granted in advance should be repaid within a
"reasonable amount of time." Further, the regulation links the employees'
requested time off for religious observances, hour for hour, to the compensatory
overtime worked. In addition, the regulation requires retaining appropriate records
for compensatory overtime earned and used.
OPM Fact Sheet Related to RCT
OPM also issued a fact sheet that provides additional information and controls on
the approval and documentation of RCT. We consider these additional controls to
be best practices. OPM's fact sheet states:
1 Comptroller General of the United States, 62 Comp. Gen. 589, Decision B-209327 (July 26, 1983).
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Agencies should require employees to submit a written request
for an adjusted work schedule in advance. An employee should
specifically state that his or her request for an adjusted work
schedule is for religious purposes and should provide acceptable
documentation of the need to abstain from work.
If an employee's request is approved, a supervisor may determine
whether the alternative work hours will be scheduled before or
after the religious observance.
An employee's request for time off should not be granted without
simultaneously scheduling the hours during which the employee
will work to make up the time. This provides a clear record of the
employee's adjusted work schedule. An employee should be
allowed to accumulate only the number of hours of work needed
to make up for previous or anticipated absences from work for
religious observances.
In addition, the fact sheet states that an employee must be paid for any unused
RCT balance upon separation or transfer.
OPM Proposed Regulations on RCT
OPM originally proposed a new rule on January 5, 2005, and received comments.
However, the rule was never finalized. Based on comments received, OPM
reissued a new proposed rule on August 30, 2013, which also has not been
finalized. The intent of the new proposal would provide additional controls to
help agencies more effectively manage RCT by clarifying employee and agency
responsibilities, and providing timeframes for earning and using RCT. One item
highlighted in the proposed rule by OPM was:
A key difference between using and earning religious
compensatory time off is that using religious compensatory time
off is tied to a specific religious observance on a fixed date,
whereas greater flexibility exists regarding when religious
compensatory time off may be earned.
This would reinforce the linkage between the earning of RCT to a specific
religious observance. The proposed rule would provide specific request
requirements:
An employee is required to provide his or her supervisor with a
request for religious compensatory time off in advance of the
religious observance. Under paragraph (b) of this section, at the
time the religious compensatory time off is requested, the
employee must provide the agency with (1) the name and/or
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description of the particular religious observance for which the
employee's absence is required; (2) the date(s) and time(s) the
employee plans to be absent for religious observances; and (3) the
date(s) and time(s) the employee plans to perform overtime work
to earn religious compensatory time off to make up for the
absence. This information provides appropriate documentation to
enable the agency to consider the request.
In addition, the proposed rule would place limits on the accumulation and use of
RCT. Specifically, an employee would be able to earn RCT up to 26 pay periods
in advance of the targeted religious observances, meaning that those employees
using RCT in advance must fulfil their obligation within 26 pay periods.
OPM believes that providing 26 pay periods (essentially, a year) before and after
a religious observance is a sufficient timeframe for an employee to earn RCT, and
is consistent with the 26-pay-period rule for using compensatory time off in lieu
of overtime pay after it is earned.
The language above would clarify that the request and documentation requirement
for religious compensatory time should be tied to a religious observance. The
language would also clarify that RCT is different than other forms of
compensatory time off because it is only for adjusting an employee's work to
substitute for time off taken in correlation to a religious observance.
EPA's Policy Related to RCT
The EPA does not maintain a stand-alone policy for RCT. Instead, the agency's
policy and procedures for Compensatory Time for Religious Beliefs are
maintained within its Pay Administration Manual. The policy and procedures are
discussed in detail in Chapter 3 of this report. In addition, the EPA's practice is to
pay for any unused RCT upon separation or transfer from the agency.
Responsible Offices
The EPA Office of Human Resources within the EPA's Office of Administration
and Resources Management is responsible for policies, procedures, program
development and implementation of the full spectrum of the EPA's human
resources functions and programs, and employee services.
The EPA Office of the Chief Financial Officer develops and manages agencywide
financial management functions, including the controls and systems for payroll.
Scope and Methodology
We conducted this audit from June 10, 2015, to August 23, 2016, in accordance
with generally accepted government auditing standards issued by the Comptroller
General of the United States. Those standards require that we plan and perform
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the audit to obtain sufficient, appropriate evidence to provide a reasonable basis
for our findings and conclusions based on the audit objective. We believe that the
evidence obtained provides a reasonable basis for our findings and conclusions
based on the audit objective.
To address the hotline allegations, we reviewed the OCSPP employee's labor hours
recorded in the EPA's time and attendance system from December 27, 2004, to
January 8, 2015, and interviewed the complainant.
To determine whether the EPA's policies and procedures provide sufficient
guidance to govern the use of RCT, we obtained an understanding of the EPA's
policies and procedures for RCT, and applicable laws, regulations and best
practices. We also analyzed RCT information from the EPA's accounting and
payroll systems.
We analyzed the data and selected employees with an RCT balance of 40 or more
positive or negative hours as of May 19, 2015, for additional review. We used
40 hours as our cutoff point because we considered balances equal to or greater
than that amount to be indicators of potential misuse. We analyzed these
employees' use of RCT from 2005 through 2015, to determine whether the
earning and usage of RCT appeared to be in compliance with federal law,
regulations and best practices. We interviewed these employees to obtain an
understanding of their knowledge about policies and procedures and their usage
of RCT. We also interviewed selected supervisors to obtain an understanding of
the approval and monitoring process, as well as their knowledge of RCT policies
and procedures.
The OCSPP employee identified in the hotline complaint was retired as of the
date of our analysis, and thus was not included in our sample. We analyzed the
retired employee's accumulation and usage of RCT hours, and reviewed the
employee's intended use plans and other information regarding the agency's
decision to pay the retired OCSPP employee the value of the unused RCT.
To determine the financial impact of RCT balances to the agency, we evaluated
all payments made to employees upon separation or transfer, according to the
agency, between January 2013 and October 2015.
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Chapter 2
Regarding Hotline Allegations,
OCSPP Employee Was Paid for Unused RCT
Based on our analysis, time and attendance records support that the retired OCSPP
employee earned the accumulated RCT hours. However, regarding the allegation
that the employee used RCT as a leave bank, we found that the agency paid
$32,469 to the employee for her balance of 495.75 RCT hours after she retired.
Time and Attendance Records Support Hours Earned
The hotline complaint alleged that a retiring OCSPP employee may not have
worked the hours accumulated. Based on the evidence obtained, there was no
support for the allegation. Our review of agency time and attendance records
between December 27, 2004, and January 8, 2015, showed the OCSPP employee
attested to hours worked, and those hours were approved by various managers in
the EPA's time and attendance systems. The evidence received also suggests the
OCSPP employee used RCT hours for religious purposes; and the use of those
hours were requested in advance, were approved, and corresponded to timeframes
typically associated with religious observances.
OCSPP Employee Banked RCT Hours
Our hotline analysis found that the retired OCSPP employee was allowed to
"bank" RCT hours. The EPA's policy and procedures require that an employee
request, through their supervisor, an adjustment of their work schedule to
accommodate time off for a specific religious observance. If approved, the
employee must work comparable additional non-overtime hours (hour for hour)
to make up for the time off. However, we found no evidence supporting that the
OCSPP employee ever requested an adjustment of her work schedule to work
specific hours to accommodate time off for a specific religious observance. As a
result, the OCSPP employee was allowed to work and maintain a large balance of
RCT hours (banking) without linking, hour for hour, the time off needed for
specific religious observances. Further, we found no documentation suggesting
that management was monitoring the OCSPP employee's RCT balance.
Evidence shows that the OCSPP employee regularly submitted plans to her
supervisors documenting the intended use of portions of her RCT balance.
However, the employee was allowed to work RCT hours without limiting the
additional hours to specific religious observances. If the agency's guidance was
followed, the OCSPP employee's accumulation of RCT hours would have been
limited, hour for hour, to the number of hours required to be off work for specific
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religious observances. Further, the OCSPP's RCT balance would have been limited
to minor timing differences, preventing the banking of RCT hours for future use.
Prior to 2010, the OCSPP employee accumulated and used RCT in a manner
consistent with federal regulations and EPA policy. However, between leave year
2010 and the end of leave year 2014, the OCSPP employee was allowed to
accumulate and maintain RCT hours without identifying any specific religious
observance. Table 1 provides a cumulative summary of the RCT hours earned,
used and banked, while Appendix A provides details by pay period for each year.
Table 1: RCT hours earned, used and banked
Leave Year
Earned
Used
Banked
Balance
2009



19.00
2010
379.75
170.00
209.75
228.75
2011
230.50
221.00
9.50
238.25
2012
236.75
187.00
49.75
288.00
2013
318.50
221.00
97.50
385.50
2014
260.25
150.00
110.25
495.75
Source: OIG analysis of agency RCT balances.
Thus, between 2010 and 2014, the OCSPP employee earned 1,425.75 RCT hours
(approximately 178 days), but only used 949.0 hours (approximately 119 days).
As of January 2015, the agency's time and attendance records showed the former
OCSPP employee maintained a balance of 495.75 hours (approximately 62 days)
of unused RCT.
As shown in Appendix A, approximately 77 percent of RCT hours earned were
recorded on the same day that the OCSPP employee charged telework.
Additionally, there were several pay periods—often the same day—where the
OCSPP employee took leave and also recorded RCT hours earned. These labor
charging practices bring into question the sufficiency of management's
monitoring of RCT hours worked by the OCSPP employee.
We found no evidence that the OCSPP employee requested, or managers
approved, any modifications to the employee's work schedule to work additional
hours to offset specific hours lost for specific religious observances. Additionally,
we found no documentation suggesting that managers were monitoring the
OCSPP employee's accumulation of excessive RCT hours.
The OCSPP employee retired in January 2015. In August 2015, the agency paid
$32,469 for the unused RCT hours, even though the hour-for-hour requirement of
5 CFR § 550.1002 was not enforced. Nonetheless, in consultation with its payroll
provider and based on the OPM fact sheet, the agency concluded that employees
must be paid for any unused RCT upon separation or transfer from the agency at
the employee's rate of pay in effect when the extra hours were worked. If the
agency had followed its policy of linking hour for hour RCT earned and used,
payment for unused RCT would have been avoided or been minimal.
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Chapter 3
EPA Needs to Improve Controls to Prevent
Further Abuse of RCT
Although the EPA's policy and procedures governing RCT meet the requirements
of federal law and regulations, agency controls are insufficient to prevent abuse.
Analysis of RCT balances for current agency employees found some employees
have been allowed to maintain significant RCT balances for years. Neither
5 U.S. Code § 5550a nor agency policy and procedures allow employees to
accumulate and maintain (bank) RCT hours in excess of their religious
observances. Agency controls over RCT are not sufficient because they do not
require the working of RCT hours to be linked to specific religious observances,
thus allowing employees to bank RCT balances for years. This occurred because
managers do not monitor the accumulation and use of RCT, the agency does not
provide training on the proper use of RCT, and the agency's time and attendance
system does not have adequate controls to prevent abuse. Failure to address these
issues resulted in 13 employees (in addition to the OCSPP employee discussed in
Chapter 2) receiving $41,045 in payouts for unused RCT upon separation. In
addition this may result in an unplanned liability of $81,927 that will be required
to be paid when other employees retire or separate from the agency.
EPA's Policy and Procedures for RCT
The EPA does not have a stand-alone policy for RCT. Instead, EPA Manual 3155,
Pay Administration Manual, contains basic legal requirements and agency policy
and procedures on pay administration. Chapter 4, Section 8F, "Compensatory
Time for Religious Beliefs" (April 18, 2006), states RCT "... is actually a
rearrangement in the employee's work schedule and entails no entitlement to
premium pay." Further, this section states:
(1)	"This authority allows employees to be on approved absence
from their regularly scheduled tour of duty without charge to leave
or loss of pay by working comparable additional non-overtime
hours.
(2)	"Supervisors should approve an employee's request for time
off for such purposes unless modifications in the work schedule to
accommodate the employee would unduly interfere with the
accomplishment of the agency's mission.
(3)	"If the request is denied, the supervisor shall inform the
employee of the decision in writing.
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(4)	"The term 'personal religious belief is to be interpreted
broadly. An employee's personal belief does not have to be a
recognized requirement of an established religion. It only has to be
a personal belief that is religious in nature and that requires the
employee to abstain from work during a period for which the
employee is scheduled to work.
(5)	"Employees must work compensatory time (hour for hour) to
make up for time off. The compensatory time may be worked
either before or after the requested time requested to be taken off
for religious observance. Any overtime worked subsequent to an
employee's absence for religious reasons shall be reduced by the
number of hours of absence before any entitlement to overtime
compensation accrues.
(6)	"If an employee has been advanced RCT and has a negative
annual leave balance and no other category of approved absence
credit (sick leave to the employee's credit cannot be used for this
purpose), at the time of separation or transfer, a monetary debt is to
be established. This indebtedness will be satisfied by a charge to
leave without pay prior to separation."
In the EPA's payroll and time and attendance system, employees record RCT
Earned as "RELOB" and RCT Used as "RELOE." Supervisors are responsible to
review and approve an employee's time and attendance entries. There are no
limits on the amount of RCT hours an employee can earn or use in the agency's
time and attendance system.
While the agency's policy allows "approved absences" and "working comparable
additional non-overtime hours," it does not describe how these are interrelated.
The policy requires that an employee only be allowed to accrue the number of
hours of work needed to make up for previous or anticipated absences from work
for religious observances (hour for hour). There are no provisions in the policy
that allow the banking of RCT hours.
OPM's fact sheet states that "agencies should require employees to submit a
written request for an adjusted work schedule in advance" (specifically stating his
or her request is for religious purposes) and "should provide acceptable
documentation of the need to abstain from work." Further, if the request is
approved, a supervisor may determine whether the RCT hours will be scheduled
before or after the religious observance. OPM's fact sheet further states:
An employee's request for time off should not be granted without
simultaneously scheduling the hours during which the employee
will work to make up the time. This provides a clear record of the
employee's adjusted work schedule.
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Current Employees' Use of RCT
As of May 19, 2015, 171 current agency employees had a balance of RCT. We
identified 22 employees2 with RCT balances of 40 or more hours (positive or
negative). We used 40 hours as our cutoff point, as we considered balances equal
to or greater than this amount to be indicators of potential misuse. Figure 1
provides a summary of employees' RCT balances as of May 19, 2015.
Figure 1: RCT balances as of May 19, 2015
Summary Employee RCT Balances
as of May 19, 2015
(171 Employees)
10 employees
112 employees |
(7.0%)
¦	Employees with 40 or more negative RCT hours
Employees with between 0 and 39 negative RCT hours
Employees with between 0 and 39 positive RCT hours
¦	Employees with 40 or more positive RCT hours
Source: QiG analysis of agency RCT balances.
We analyzed agency-provided information on RCT hours earned and used for the
6-year period 2010 to 2015. Our analysis showed 329 employees used or earned
RCT during this time. Of these 329 RCT users, 118 did not have an outstanding
balance as of December 31, 2015, indicating that they may be earning and using
RCT as intended by the law.
Current Employees Are Banking RCT Hours
As of May 19, 2015, we found that 171 current EPA employees maintained a
balance of RCT hours based on the EPA's time and attendance system. At that
time, we found that 10 of those 171 employees maintained a balance of 40 hours
2 The OCSPP employee identified in Chapter 2 of this report was retired as of the date of our analysis and was not
included in our sample.
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or more of RCT. We compared this data to the RCT balance report of
December 31, 2015, and found that almost all of these employees continued to
bank over 40 hours.
This data further indicates, as noted in Chapter 2, that the EPA's policy and
procedures requiring that an employee request through their supervisor an
adjustment of their work schedule to accommodate time off for a specific
religious observance are not being followed. Managers are not requiring their
employees to link the earning of RCT hours to a specific religious observance,
hour for hour.
As previously highlighted, federal regulations, the OPM fact sheet best practices,
and agency policy and procedures draw a correlation between the earning and use
of RCT hours. Federal regulations on RCT state: "Compensatory overtime shall
be credited to an employee on an hour for hour basis." OPM's fact sheet states:
"An employee should be allowed to accumulate only the number of hours of work
needed to make up for previous or anticipated absences from work for religious
observances." The EPA's policy requires the employee to work comparable
additional non-overtime hours (hour for hour) to make up for the time off.
For the 10 employees cited above that had an RCT balance of 40 hours or more,
analysis of the RCT charges (earned and used) recorded in the EPA's payroll and
time and attendance systems disclosed patterns where RCT hours were banked.
In some instances, employees were allowed to continually bank RCT with
minimal to no activity for religious observances. This creates the appearance that
employees may be banking the RCT hours for future payout upon separation or
transfer from the agency. Based on the RCT balances as of December 26, 2015,
the EPA has an unplanned liability of up to $81,927,3 unless the balances of these
10 employees is reduced.
We interviewed all 10 of the employees with RCT balances of over 40 hours, and
reviewed each employee's earning and usage patterns between fiscal years (FYs)
2005 and 2015. Based on our interviews, we determined that EPA management
allowed, and in some instances directed, employees to record what would have
been Compensatory Time and/or Overtime hours as RCT. This recording of RCT
was done without an established link to a religious observance, which is clearly
outside the intent of the law, regulations and agency policy. Details on all
10 employees are in Appendix B.
The agency has not established adequate internal controls and exercised
management oversight responsibilities to effectively manage and monitor the
earning and usage of RCT. In addition, the EPA has not provided staff with
training on RCT.
3 OIG-estimated amount based on the 10 employees' RCT balances as of December 26, 2015, multiplied by their
2016 General Schedule (GS) hourly rate.
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In accordance with the controls specified in OPM's proposed regulations, an
employee should provide his or her supervisor with a request for religious
compensatory time off in advance of a religious observance. The request and
documentation requirement for the accumulation of RCT hours must be tied to a
specific religious observance. This request should include:
•	The name and/or description of the religious observance for which the
employee's absence is required.
•	The date(s) and time(s) the employee plans to be absent to participate in
the religious observance.
•	The date(s) and time(s) the employee plans to perform overtime work to
earn religious compensatory time off to make up for the absence.
This information would provide appropriate documentation to enable the agency
to consider the request.
EPA Lump Sum Payments Made for Banked RCT Hours
Even though the hour-for-hour requirement of 5 CFR § 550.1002 was not
enforced, from January 2013 to October 15, 2015, the EPA paid 14 employees
$73,514 for banked RCT hours (including the $32,469 for the OCSPP employee
as discussed in Chapter 2). The majority of employees received a lump sum
payment less than $2,000, which could be considered immaterial. However, five
employees received a payment over $2,000 for banked RCT, with three receiving
payments in excess of $14,000 each. Figure 2 below shows the amount paid to
each of the five employees.
Figure 2: EPA's RCT payouts from January 2013 through October 2015
RCT Leave Payouts over $2,000 from
January 2013 through October 2015
i_	$40,000.00 $32,469.11
i	$30,000.00
0
1	$20,000.00
D	$10,000.00
o
5 $- —
$15,349.06 $14,750.21
$2,873.50 $2,309.81
EMPLOYEE
Source: OIG-generated based on information from Interior Business Center payroll
system for the period June 2014 to October 2015, and Defense Finance and Accounting
Service payroll information from January 2013 to June 2014.
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The EPA practice, as reinforced by consultation with its payroll provider, is to
pay for any unused RCT upon separation or transfer from the agency. The
payments were made at the employee's rate of basic pay in effect when the extra
hours were worked. These payments clearly show that management oversight
over the use of RCT is weak and internal controls are not sufficient to prevent
abuse. If requests for RCT were approved and monitored properly, RCT balances
and the need for future payments would be minimal or eliminated.
Employees Also Had Negative RCT Balances
Our analysis also identified 12 employees who maintained a negative balance of
40 or more RCT hours. Our analysis also identified that seven of the 12 employees
maintained this balance for more than 2 years. A negative balance, or advanced
RCT, exists when an employee uses RCT for a religious observance prior to
actually earning the time. To avoid carrying negative balances, the OPM best
practices fact sheet states, "Employees should not be granted time off for religious
observances without simultaneously scheduling the hours the employees will work
to make up the time."
Based on our employee interviews, large negative RCT balances have occurred in
some instances because EPA managers approved the employee's use of RCT
hours without simultaneously scheduling the additional non-overtime hours to be
worked. One employee told us their supervisors will not allow them to work the
additional non-overtime hours to pay back their RCT balances because the
additional hours do not meet the definition of a mission-critical need. This does
not comply with the intent of the law or regulations. The employee also said they
believe negative RCT hours do not have to be settled quickly because the hours
will be settled at the time of separation or transfer from the EPA.
Our audit also identified three employees who were paid for overtime hours
during a time period the employees maintained a negative RCT balance. In
accordance with EPA policy, any overtime worked subsequent to an employee's
absence for religious reasons shall be reduced by the number of hours of absence
before any entitlement to overtime compensation accrues. These examples
indicate the lack of proper training on the proper use and management of RCT.
Further, the long period of time these negative hours were maintained clearly
shows that management oversight over the use of RCT is weak and internal
controls are not sufficient to prevent abuse.
Conclusion
While the EPA's policy and procedures governing RCT meet the requirements of
federal law and regulations, its controls are insufficient to prevent abuse. Agency
controls over RCT are not sufficient because they do not require the working of
RCT hours to be linked, hour for hour, to specific religious observances, allowing
16-P-0333
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employees to bank RCT balances for years. This occurred because agency
managers do not monitor the accumulation and use of RCT, the agency does not
provide training on the proper use of RCT, and the agency's time and attendance
system does not have adequate controls to prevent abuse.
Recommendations
We recommend that the Assistant Administrator for Administration and
Resources Management:
1.	Enhance internal controls over Religious Compensatory Time by revising
EPA Manual 3155, Pay Administration Manual, Chapter 4, Section 8F,
"Compensatory Time for Religious Beliefs," by establishing:
a.	A maximum balance of accumulated or advanced Religious
Compensatory Time hours that can be maintained.
b.	A requirement that all employees earning and using Religious
Compensatory Time submit an intended use plan to their
immediate supervisor. The plan should identify the specific
dates(s) and hour(s) when the employee plans to be absent for a
religious observance, and the date(s) and hour(s) the employee will
earn/repay the corresponding time off.
c.	A reasonable timeframe when negative balances will be paid back.
2.	Prohibit employees with a Religious Compensatory Time balance in
excess of the amount established by Recommendation 1 from earning any
additional hours until the balance is exhausted, and require an intended use
plan for any new hours.
3.	Develop training on the proper use of Religious Compensatory Time and
require all managers approving, and employees using, Religious
Compensatory Time to complete the course.
We recommend that the Chief Financial Officer:
4.	Modify the EPA's payroll and time and attendance system to include the
enhanced internal controls, preventing employees from accumulating
Religious Compensatory Time hours inconsistent with revised policies and
procedures.
Summary of Agency Responses and OIG Evaluation
The Office of Administration and Resources Management concurred with
Recommendations 1 through 3, and provided proposed corrective actions. When
16-P-0333
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implemented, we believe the proposed actions will meet the intent of our
recommendations. The recommendations will remain open with corrective actions
pending. The Office of Administration and Resources Management's complete
response to the draft report is in Appendix C.
The Office of the Chief Financial Officer concurred in principle with
Recommendation 4, and indicated it intends to coordinate with the agency's
payroll provider on the feasibility of modifying the payroll system. The Office of
the Chief Financial Officer indicated it will submit a change request to the
provider for review and approval. Once payroll changes are determined feasible,
the Office of the Chief Financial Officer indicated it will make the necessary
changes to the time and attendance system. The Office of the Chief Financial
Officer's proposed corrective actions do not fully meet the intent of the
recommendation, because they do not indicate what actions will be taken if the
payroll system changes are not feasible. Further, an estimated completion date
was not provided. Therefore, Recommendation 4 is unresolved. The Office of the
Chief Financial Officer's complete response to the draft report is in Appendix D.
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Status of Recommendations and
Potential Monetary Benefits
RECOMMENDATIONS
Potential
Planned	Monetary
Rec. Page	Completion	Benefits
No. No.	Subject	Status1	Action Official	Date	(In $000s
1 14 Enhance internal controls over Religious Compensatory Time	0 Assistant Administrator for 12/31/16
by revising EPA Manual 3155, Pay Administration Manual,	Administration and
Chapter 4, Section 8F, "Compensatory Time for Religious	Resources Management
Beliefs," by establishing:
a.	A maximum balance of accumulated or advanced
Religious Compensatory Time hours that can
maintained.
b.	A requirement that all employees earning and using
Religious Compensatory Time submit an intended use
plan to their immediate supervisor. The plan should
identify the specific date(s) and hour(s) when the
employee plans to be absent for a religious observance,
and the date(s) and hour(s) the employee will earn/repay
the corresponding time off.
c.	A reasonable timeframe when negative balances will be
paid back.
14 Prohibit employees with a Religious Compensatory Time
balance in excess of the amount established by
Recommendation 1 from earning any additional hours until the
balance is exhausted, and require an intended use plan for any
new hours.
Assistant Administrator for
Administration and
Resources Management
9/30/16
14 Develop training on the proper use of Religious Compensatory
Time and require all managers approving, and employees
using, Religious Compensatory Time to complete the course.
Assistant Administrator for
Administration and
Resources Management
3/31/17
14 Modify the EPA's payroll and time and attendance system to
include the enhanced internal controls, preventing employees
from accumulating Religious Compensatory Time hours
inconsistent with revised policies and procedures.
Chief Financial Officer
0 = Recommendation is open with agreed-to corrective actions pending.
C = Recommendation is closed with all agreed-to actions completed.
U = Recommendation is unresolved with resolution efforts in progress.
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Appendix A
Details of OCSPP Employee Labor Charges by
Pay Period Between January 2010 and December 2014
Leave Year 2010 for OCSPP Employee
Pay
period
Annual
leave
Holiday/
other
Regular
hours
Sick
leave
Telework
hours
RCT
earned
RCT
used
Total
01
6.00


3.00
71.00
21.00

101.00
02
2.50
9.00


68.50
13.50

93.50
03
7.25
36.00
18.00

18.75
8.75

88.75
04

9.00
45.00

26.00
21.00

101.00
05


45.00

35.00
17.50

97.50
06
4.75
2.50
34.50

40.75
7.00

87.00
07


18.00

17.00
14.00
45.00
94.00
08
2.50

45.00
8.50
24.00
10.00

90.00
09


9.00
71.00



80.00
10



9.00
71.00
15.00

95.00
11

9.00

4.00
67.00
23.75

103.75
12


18.00
9.00
53.00
19.50

99.50
13
5.00

33.75
2.25
39.00
5.00

85.00
14
2.00
9.00
35.00

34.00
18.00

98.00
15
30.50

18.00
3.00
28.50
18.50

98.50
16
45.00

17.00

18.00
9.00

89.00
17
53.00

9.00

18.00
5.25

85.25
18

9.00
18.00

26.00
8.75
27.00
88.75
19
2.00

18.00

25.00
11.25
35.00
91.25
20

4.00
18.00

62.00
19.00

99.00
21

9.00
18.00

53.00
27.50

107.50
22

3.50
36.00

44.00
28.00

108.00
23
2.50
9.00
42.50

26.00
24.50

104.50
24
17.00
12.50
23.50

3.50
7.50
27.00
87.50
25

2.5
27.00

17.00
13.50
36.00
93.50
26
29.50
20.00
9.00

24.50
13.00

93.00
Total
209.50
144.00
555.25
109.75
891.50
379.75
170.00
2,459.75
During Leave Year 2010, there was a total of 255.5 hours of RCT earned on the same day telework was charged.
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Leave Year 2011 for OCSPP Employee
Pay
period
Annual
leave
Holiday/
other
Regular
hours
Sick
leave
Telework
hours
RCT
earned
RCT
used
Total
01


45.00

35.00
11.50

91.50
02
7.00
9.00
20.00

44.00
14.00

94.00
03


45.00

35.00
5.25

85.25
04

9.00
45.00

26.00
14.25

94.25
05
2.00

52.00

26.00
12.50

92.50
06


54.00

26.00
5.00

85.00
07

1.50
43.50

35.00
7.75

87.75
08


27.00

9.00


80.00
09


36.00

26.00
11.25
44.00
91.25
10
2.75

50.25
1.00
26.00
12.50
18.00
92.50
11

9.00
45.00

26.00
9.50

89.50
12


52.50
1.50
26.00
10.50

90.50
13
11.50

42.25
5.25
21.00
9.50

89.50
14
10.50
9.00
34.50
3.50
22.50
13.50

93.50
15
18.00

36.00

26.00
13.00

93.00
16
18.00

27.00
9.00
26.00
13.25

93.25
17
80.00






80.00
18
9.00
9.00
36.00

26.00
7.50

87.50
19
0

54.00

26.00
13.50

93.50
20


27.00

18.00
13.00
35.00
93.00
21

9.00




71.00
80.00
22


50.50
3.50
26.00
5.50

85.50
23

8.00
45.00

27.00
8.25

88.25
24
27.00
9.00
26.00
1.00
17.00
5.75

85.75
25


52.50
4.00
23.50
13.75

93.75
26
18.00
9.00




53.00
80.00
Total
203.75
81.50
946.00
28.75
599.00
230.50
221.00
2,310.50
During Leave Year 2011, there was a total of 162.0 hours of RCT earned on the same day telework was charged.
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Leave Year 2012 for OCSPP Employee
Pay
Annual
Holiday/
Regular
Sick
Telework
RCT
RCT

period
leave
other
hours
leave
hours
earned
used
Total
01

9.00
45.00

26.00
15.25

95.25
02

9.00
45.00

26.00
8.00

88.00
03


54.00

26.00
13.25

93.25
04
2.50
9.00
45.00

23.50
13.50

93.50
05


45.00
9.00
26.00
13.00

93.00
06


54.00

26.00
8.00

88.00
07
2.50

45.00

23.50
18.75
9.00
98.75
08


18.00

18.00
10.00
44.00
90.00
09


54.00

26.00
6.00

86.00
10
2.00

54.00

24.00
5.50

85.50
11
4.50
9.00
42.00
3.00
21.50
4.75

84.75
12


54.00

26.00
10.75

90.75
13
2.50

51.50

26.00
8.50

88.50
14
8.00
9.00
34.00
2.00
27.00
7.50

87.50
15
4.00

42.00
3.00
31.00
8.50

88.50
16
4.00

36.00
3.00
37.00
2.50

82.50
17
80.00






80.00
18
9.00
9.00
27.00
9.00
26.00
14.75

94.75
19
9.00

36.00

17.00
8.00
18.00
88.00
20


17.00



63.00
80.00
21

9.00
36.00

26.00
12.50
9.00
92.50
22

9.00
45.00

26.00
4.00

84.00
23

9.00
36.00
4.00
31.00
10.50

90.50
24
26.25
9.00
26.75
3.50
14.50
8.00

88.00
25


18.00

18.00
4.00
44.00
84.00
26
20.50
18.00
24.50

17.00
10.50

90.50
27
35.00
9.00
18.00

18.00
10.75

90.75
Total
209.75
117.00
1,002.75
36.50
607.00
236.75
187.00
2,396.75
During Leave Year 2012, there was a total of 186.5 hours of RCT earned on the same day telework was charged.
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Leave Year 2013 for OCSPP Employee
Pay
period
Annual
leave
Holiday/
other
Regular
hours
Sick
leave
Telework
hours
RCT
earned
RCT
used
Total
01

9.00
36.00

35.00
20.00

100.00
02


54.00

26.00
18.75

98.75
03

9.00
45.00

26.00
19.50

99.50
04
2.50

18.00

59.50
33.75

113.75
05
4.25

27.00

48.75
34.50

114.50
06


9.00

9.00
6.25
62.00
86.25
07
2.50

36.00

41.50
18.00

98.00
08


45.00

35.00
14.00

94.00
09

3.00
42.00

35.00
20.50

100.50
10
2.50
20.00
27.00

30.50
10.25

90.25
11

18.00
27.00
2.50
32.50
10.00

90.00
12
21.00

24.00

35.00
15.50

95.50
13
13.50
24.00
27.00

15.50


80.00
14
19.00

18.00
2.00
41.00
12.75

92.75
15
9.00

36.00
9.00
26.00
14.00

94.00
16
80.00






80.00
17
9.00
9.00
18.00

17.00
10.75
27.00
90.75
18


36.00

9.00

35.00
80.00
19

23.00
13.00



44.00
80.00
20

71.00
9.00




80.00
21


45.00

35.00
18.00

98.00
22

9.00
25.00
2.00
44.00
18.50

98.50
23

9.00
27.00

35.00
15.00
9.00
95.00
24


9.00
7.50
19.50
3.50
44.00
93.50
25
9.00
9.00
18.00
3.25
40.75
5.00

85.00
26
35.75
9.00
17.25

18.00


80.00
Total
293.00
222.00
688.25
26.25
714.50
318.50
221.00
2,398.50
During Leave Year 2013, there was a total of 270.0 hours of RCT earned on the same day telework was charged.
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Leave Year 2014 for OCSPP Employee
Pay
period
Annual
leave
Holiday/
other
Regular
hours
Sick
leave
Telework
hours
RCT
earned
RCT
used
Total
01

9.00
27.00

44.00
11.50

91.50
02


45.00

35.00
17.00

97.00
03

9.00
36.00

35.00
17.00

97.00
04
3.00

36.00

41.00
14.50

94.50
05
12.00

15.00
9.00
44.00
11.50

91.50
06


54.00

26.00
10.50

90.50
07


27.00

17.00
13.75
36.00
93.75
08


18.00
9.00
35.00
13.75
18.00
93.75
09
3.00

45.00

32.00
10.50

90.50
10

9.00
45.00

26.00
18.50

98.50
11
2.50

36.00
3.00
38.50
15.00

95.00
12
3.00

27.00

50.00
18.50

98.50
13
5.00
8.00
21.50
10.50
35.00
10.50

90.50
14
1.00

27.00

52.00
18.50

98.50
15
45.00

18.00

17.00
8.00

88.00
16
45.00

18.00

17.00
8.00

88.00
17
9.00
9.00
36.00

26.00
13.50

93.50
18
5.00

49.00

26.00
15.25

95.25
19


27.00

27.00
14.50
26.00
94.50
20

9.00
18.00

9.00

44.00
80.00
21


54.00

26.00


80.00
22
7.50
9.00
36.00

27.50


80.00
23
18.00
9.00
27.00

26.00


80.00
24
11.50

43.00
16.50
9.00


80.00
25
2.50
18.00
24.50

9.00

26.00
80.00
26
35.00
9.00
25.50
10.50



80.00
Total
208.00
98.00
835.50
58.50
730.00
260.25
150.00
2,340.25
During Leave Year 2014, there was a total of 231.0 hours of RCT earned on the same day telework was charged.
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Appendix B
RCT Details for Sampled Employees
The tables below are OIG-generated based on information from the EPA's payroll and time and
attendance systems. Employee comments are based on OIG interviews with those employees.
Employee No. 1
FY
RCT hours
Cumulative
balance
Earned
Used
2005
-
-
0
2006
-
-
0
2007
63
-
63
2008
69.5
37
95.5
2009
129
12.5
212
2010
162
8
366
2011
23
-
389
2012
-
-
389
2013
-
-
389
2014
-
-
389
2015
-
-
389
Total
446.5
57.5

Employee comments
According to the employee, he is currently a GS-15,
Step 10, and was not eligible to earn overtime or
compensatory time. He first heard about RCT in
2007, when he was working a lot of 50-hour work
weeks and was informed by someone in the
Superfund Program that he could charge his extra
hours to RCT. He has received no training on RCT,
and recorded all extra hours worked because he
wanted his time to be recognized. He said he has
only used his RCT for religious observances, and
has no current plan in place to use his outstanding
RCT balance.
Employee No. 2
FY
RCT hours
Cumulative
balance
Earned
Used
2006
-
-
0
2007
9
8
1
2008
-
-
1
2009
22.5
8
15.5
2010
94
-
109.5
2011
125.5
-
235
2012
-
-
235
2013
-
-
235
2014
-
-
235
2015
-
-
235
Total
251
16

Employee comments
According to the employee, he is currently a GS-15,
Step 10, and is not eligible to earn overtime or
compensatory time. He first heard about RCT from
his timekeeper when he wanted to charge leave to
attend religious services and was informed he could
charge RCT instead. He was working a lot of
12-hour days and working on his day off, so he
decided to charge his extra time to RCT. He has
received no training on RCT. He said he has only
used his RCT for religious observances, and has no
current plan in place to use his outstanding RCT
balance.
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Employee No. 3
FY
RCT hours
Cumulative
balance
Earned
Used
2006
-
-
0
2007
-
-
0
2008
-
-
0
2009
-
-
0
2010
-
-
0
2011
-
-
0
2012
-
-
0
2013
-
-
0
2014
160
-
160
2015
16
64
112
Total
176
64





Employee comments
According to the employee, he is currently a GS-14,
Step 10, and is eligible to earn some overtime and
compensatory time. He originally charged his time
to compensatory time and overtime and found his
salary was reduced. He believed this practice to be
unacceptable. He was informed by his supervisor
that he could charge his extra time to RCT. He
believed he had to show all his hours worked for
liability reasons. He has received no training on
RCT. He has no current plan in place to use his
outstanding RCT balance. The employee said he
believed RCT was the only way to avoid potential
legal issues for working hours above the 80-hour
work week in the event of an injury on the job. Our
comparison of the employee's RCT balance on
May 19, 2015, and December 26, 2015, disclosed
the employee used 48 hours. According to the
employee, he was not required to, and did not
submit, a plan for his usage.
Employee No. 4
FY
RCT hours
Cumulative
balance
Earned
Used
2005
-
-
0
2006
-
-
0
2007
12
-
12
2008
19.5
12
19.5
2009
35.75
8
47.25
2010
72.75
8
112
2011
9
9
112
2012
-
-
112
2013
-
-
112
2014
-
-
112
2015
-
-
112
Total
149
37

Employee comments
According to the employee, he is currently a GS-14,
Step 5, and is eligible to earn some overtime and
compensatory time. He started charging his extra
hours to RCT in 2007, when he worked a lot of
hours at the end of the year and would reach his
maximum for overtime and compensatory time. His
supervisor suggested that he record his additional
hours as RCT earned. He has received no training
on RCT. The employee has no current plan in place
to use his outstanding RCT balance. He believed
RCT was the only way to be compensated for his
hours worked.
Employee No. 5
FY
RCT hours
Cumulative
balance
Earned
Used
2006
-
-
0
2007
9
9
0
2008
6
1
5
2009
17.5
-
22.5
2010
7.5
-
30
2011
12
-
42
2012
14
-
56
2013
-
-
56
2014
9
-
65
2015
-
-
65
Total
75
10

Employee comments
According to the employee, he is currently a GS-15,
Step 10, and is not eligible to earn overtime or
compensatory time. He started charging his extra
hours to RCT in 2007, when he worked his
scheduled day off. He said he was informed that he
could not work for free and could be compensated
for his extra hours through RCT. He has received
no guidance or training on RCT. Although the
employee said he has only used his RCT for
religious observances, he has no current plan in
place to use his outstanding RCT balance.
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Employee No. 6
FY
RCT hours
Cumulative
balance
Earned
Used
2006
-
-
0
2007
-
-
0
2008
-
-
0
2009
10
16
-6
2010
22.5
12
4.5
2011
43
29
18.5
2012
11
17
12.5
2013
47.5
29
31
2014
41.75
42
30.75
2015
46
38.5
38.25
Total
221.75
183.50

Employee comments
According to the employee, she is currently a
GS-14, Step 7, and is eligible to earn overtime or
compensatory time. She stated her office manages
the RCT earning and usage very closely using the
maxiflex record system. She received training on
overall leave, but there was no specific section
related to RCT. She was also unaware that the RCT
hours would have a cash value upon separation.
She said it was her belief, through her initial
research, that a positive RCT balance would be
forfeited after a certain time period if it went unused.
It was also her belief that you could not take RCT
unless you had earned the time in advance.
Employee No. 7

RCT hours
Cumulative
FY
Earned
Used
balance
2006
-
-
0
2007
9
9
0
2008
18
18
0
2009
-
17
-17
2010
35
27
-9
2011
-
-
-9
2012
27
-
18
2013
-
9
9
2014
61.75
-
70.75
2015
-
27
43.75
Total
150.75
107

Employee comments
According to the employee, he is currently a GS-15,
Step 6, and is eligible to earn compensatory time.
He has received no formal training on RCT. The
reason he is currently carrying a positive balance of
43.75 hours is, in 2014, the employee said his office
was very shorthanded, so during the June and July
2014 time period he had a huge amount of work
and began charging RCT. He said that once he
realized he had a large balance he stopped
charging RCT.
Employee No. 8
FY
RCT hours
Cumulative
balance
Earned
Used
2005
7
9
-2
2006
7
9
-4
2007
6
-
2
2008
72
27
47
2009
19
9
57
2010
-
18
39
2011
-
-
39
2012
-
-
39
2013
-
-
39
2014
9
-
48
2015
19
8
59
Total
139
80

Employee comments
According to the employee, he is currently a GS-15,
Step 10, and is not eligible to earn overtime or
compensatory time. He has received no training or
guidance on RCT. He has been using RCT since
1979, when President Carter initiated it through an
executive order. He stated that all of his
compensation time has been earned for the
purpose of using it for religious observance each
year. He said he attempts to keep his balance close
to a positive 40 hours so he can take the days off
when he needs to and he will not go into a negative
balance.
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Employee No. 9
FY
RCT hours
Cumulative
balance
Earned
Used
2005
-
-
0
2006
40
40
0
2007
-
-
0
2008
-
-
0
2009
32
32
0
2010
40
40
0
2011
40
40
0
2012
40
40
0
2013
40
24
16
2014
24
32
8
2015
46
32
22
Total
302
280





Employee comments
According to the employee, he is currently a GS-14
and is eligible to earn compensatory time. He has
received no formal guidance on RCT. His said his
procedure for requesting RCT is, each year, he
prepares an email memo to his supervisor
indicating that he wanted to earn RCT, the total
hours he would be taking off for the year, how he
would be earning the hours, and the purpose he
was earning it for. He generally works RCT between
January and March each year, and uses RCT in
July. His said his annual use and earning of RCT is
for a specific religious purpose—each year, he
volunteers at a religious camp for a week. He
attempts to have 40 hours each year to work at the
camp. Some years, because of the July 4 holiday,
he said he only needs 32 hours.
Employee No. 10
FY
RCT hours
Cumulative
balance
Earned
Used
2005
-
-
0
2006
-
-
0
2007
-
-
0
2008
11.5
27
-15.5
2009
54
29.5
9
2010
94.5
58
45.5
2011
51
27
69.5
2012
54.5
28
96
2013
40
42
94
2014
10
42
62
2015
27.5
35
54.5
Total
343
288.5





Employee comments
According to the employee, she is currently a
GS-14, Step 2, and is eligible to earn compensatory
time. She has not received any training on RCT.
She has been using RCT since 2008, when she first
started work with the EPA. She said she earns RCT
for the purpose of taking off various religious
observances each year. She said she attempts to
keep her balance close to her annual usage each
year. She said that when she wishes to earn RCT,
she completes a compensation time form, and has
it approved in advance. When she uses RCT, she
said she prepares an annual leave form. She said
she makes her supervisor aware of when she is
going to take RCT, and is pretty consistent in the
days she takes off each year.
16-P-0333
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Appendix C
Office of Administration and Resources Management's
Response to Draft Report

2
\
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5SS
\ PRO^°
(j
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D C. 20460
MEMORANDUM
SFP - "1 ?016
OFFICE OF
ADMINISTRATION
AND RESOURCES
MANAGEMENT
SUBJECT: Response to the Office of Inspector General's Draft Report: Religious Compensatory
Time is Subject to Abuse, Project OA-F)£h5-0180
FROM:
TO:
Donna J. Vizian, Acting Assis

Kevin Christensen, Assistant Inspector General for Audit
Office of Inspector General
The purpose of this memorandum is to provide the Office of Administration and Resources
Management's response to the above subject draft report issued by your office on August 23,
2016.
The OARM concurs with all recommendations. The planned corrective actions are as follows:
No.
Recommendation
High-Level Intended Corrective
Action(s)
Estimated
Completion by
Quarter and FY
1
Enhance internal controls over
Religious Compensatory Time
by revising EPA Manual 3155,
Pay Administration Manual,
Chapter 4, Section 8F,
"Compensatory Time for
Religious Beliefs," by
establishing:
a. A maximum balance of
accumulated or
advanced Religious
OARM agrees with this
recommendation. OARM will
issue an interim RCT policy to
address the Office of Inspector
General's recommendations and
will update the manual at a later
date. The interim policy will:
a. Create a maximum earned
RCT limitation and
maximum advanced
limitation of 40 hours.
Interim policy
for non-
bargaining unit
employees to be
signed by
9/30/16."
Potential
bargaining unit
matters to be
resolved: Ql,
FY17.
16-P-0333
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Compensatory Time
hours that can be
maintained.
b.	A requirement that all
employees earning and
using RCT submit an
intended use plan to
their immediate
supervisor. The plan
should identify the
specific date(s) and
hour(s) when the
employee plans to be
absent for a religious
observance, and the
date(s) and hour(s) the
employee will
earn/repay the
corresponding time off.
c.	A reasonable timeframe
when negative balances
will be paid back.
b.	Require employees to
submit an intended use
plan for RCT to their
immediate supervisor for
approval.
c.	Require the repayment of
RCT negative balances
within 26 pay periods (this
provision is subject to
collective bargaining).

2
Prohibit employees with a RCT
balance in excess of the amount
established by recommendation
1 from earning any additional
hours until the balance is
exhausted, and require an
intended use plan for any new
hours.
OARM agrees with this
recommendation. The interim
policy will prohibit employees
with a current excess RCT
balance from earning additional
hours until their balance falls
below 40 hours.
9/30/16
3
Develop training on the proper
use of RCT and require all
managers approving, and
employees using, RCT to
complete the course.
OARM agrees with this
recommendation.
Q2, FY17
Thank you for your help in improving this agency program. If you or your staff have any
additional questions, please have them contact Linda R. Gray, director, Office of Human
Resources, at (202) 564-4606 or Grav.Linda@epa.gov.
16-P-0333
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cc: John Showman
Lynnann Hitchens
Linda R. Gray
Wes Carpenter
David Bloom
Debbi Hart
Cheri Hembrey
Marian Cooper
Brandon McDowell
Nic Grzegozewski
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Appendix D
Office of the Chief Financial Officer's
Response to Draft Report
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D C. 20460
SEP 1 3 201#
MEMORANDUM
SUBJECT: ™	~ ~ ' idit Report No. OA-FY15-0180,
ise," dated August 23, 2016
Thank you for the opportunity to respond to the issues and recommendations in the subject draft
audit report. The following is the Office of the Chief Financial Officer's response to
recommendation 4. The Office of Administration and Resources Management responded to
recommendations 1,2, and 3 under a separate memorandum signed by Donna Vizian, Acting
Assistant Administrator, on September 1,2016.
The OCFO concurs, in principle, with the recommendation to modify the payroll system to
enact controls that will be established in revised Religious Compensatory Time policies and
procedures. The OCFO will contact the Interior Business Center, the agency s payroll
provider, to determine the feasibility of modifying the payroll system Further, estimated
completion dates for modifications to the system cannot be determined until requirements are
finalized and a final project schedule is developed.
FROM:

ibm. Deputy Chief Financial Officer
TO:
Kevin Christensen, Assistant Inspector General for Audit
Office of Inspector General
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Agreements
No.
Recommendation
High-Level Intended
Corrective Actions
Estimated Completion
by Quarter and FY
4
Modify the EPA's payroll
and time and attendance
system to include the
enhanced internal
controls, preventing
employees from
accumulating Religious
Compensatory Time
hours inconsistent with
revised policies and
procedures.
Coordinate with the
IBC, a Shared Service
provider, concerning
the feasibility of
modifying the payroll
system. Accordingly,
once changes are
determined, the OCFO
will align the time and
attendance system to
interface with the
modified payroll system
and provide appropriate
training to agency
managers and
employees
The OCFO will submit a
Change Request to IBC
for review and approval
in September 2016 (the
next stakeholder meeting
is scheduled for
February 2017). If
approved, the OCFO
will work with the IBC
to make the necessary
payroll and time and
attendance changes to
conform to agency
policy. In addition,
agency managers and
employees will receive
the appropriate training.
If you have any questions regarding this response, please contact Nic Grzegozewski at 202-564-
2292.
cc: Arthur Elkins
Donna Vizi an
John Showman
Charles Sheehan
Howard Osborne
Randy Thornton
Lynnann Hitchens
Linda Gray
Stefan Silzer
Wesley Carpenter
Robert Hill
Quentin Jones
Jeanne Conklin
Richard Eyermann
Lisa Ayala
Meshell Jones-Peeler
Jeffrey Lagda
Eric Hanger
John Trefry
Sherri Anthony
Kevin Collins
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Jean Bloom
Nicholas Grzegozewski
Lorraine Fluery
John Svec
Brandon McDowell
Susan Lindenblad
Diane Kelty
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Appendix E
Distribution
Office of the Administrator
Deputy Administrator
Assistant Administrator for Administration and Resources Management
Chief Financial Officer
Agency Follow-Up Coordinator
General Counsel
Associate Administrator for Congressional and Intergovernmental Relations
Associate Administrator for Public Affairs
Director, Office of Regional Operations
Principal Deputy Assistant Administrator, Office of Administration and Resources Management
Director, Office of Human Resources, Office of Administration and Resources Management
Director, Office of Policy and Resource Management, Office of Administration and
Resources Management
Deputy Director, Office of Policy and Resource Management, Office of Administration and
Resources Management
Deputy Chief Financial Officer
Assistant Deputy Chief Financial Officer
Audit Follow-Up Coordinator, Office of Administration and Resources Management
Audit Follow-Up Coordinator, Office of the Chief Financial Officer
16-P-0333
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