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Examples of Non-Compensable Time

Reference Number: MTAS-1193
Reviewed Date: 09/24/2021

The following are examples of work-related matters for which an employee need not be compensated:

  • Absences (including sick leave, annual leave, holidays, funerals, and weather-related absences). 29 C.F.R. § 778.218(d);
  • Athletic contest involvement as a participant, official, or scorer, even if sponsored by the employer, so long as it is voluntary and not a condition of employment. Field Operations Handbook § 31b05;
  • Charitable work done voluntarily outside working hours. 29 C.F.R. § 785.44;
  • Holidays on which an employee does not work. 29 C.F.R. § 778.218(d);
  • Jury duty. 29 C.F.R. § 778.218(d);
  • Meal periods involving no duties and lasting one-half hour or longer. 29 C.F.R. § 785.19;
  • Medical attention outside of working hours or not at the direction of the employer. 29 C.F.R. § 785.43;
  • On-call time when the employee merely leaves a telephone number or carries a pager or cell phone and is not restricted. 29 C.F.R. § 785.17;
  • Operating an employer’s motor vehicle for the employee’s own commuting convenience. Field Operations Handbook § 31c02;
  • Training programs voluntarily attended that are unrelated to regular duties and involve no productive work. 29 C.F.R. § 785.27;
  • Travel (a) from home to a work site and vice versa (29 C.F.R. § 785.35), or (b) on overnight trips during nonworking hours except while performing duties or other work. 29 C.F.R. § 785.39; and
  • Waiting time (a) in a paycheck line, (b) to check in or out, or (c) to start work at a designated period. 29 C.F.R. § 790.7(g).