Overtime Leave and Compensatory Leave Time Policy

It is the policy of the University of Mary Washington to compensate employees in the appropriate manner for time worked beyond the normal forty-hour work week. Full-time classified employees are required to work a minimum forty-hour work week, normally in a five-day period Monday through Friday. Under the provisions of the Fair Labor Standards Act (FLSA), non-exempt employees who work over forty hours within one work week must be paid at the time and one-half overtime rate for those hours in excess of forty. Exempt employees under FLSA may be compensated with hour-for-hour compensatory leave for hours worked over forty within one work week.

This policy continues to provide management the prerogative of determining when and how much overtime compensation or compensatory leave can be earned (with approval as noted below). The University will limit the earning of overtime and compensatory leave whenever possible. Proper planning can, in most instances, avoid the necessity of either. The University of Mary Washington prohibits the continual earning of overtime compensation or compensatory leave. Overtime compensation or compensatory leave is authorized only for exceptional requirements of an emergency or temporary nature. The earning of either to satisfy routine agency or departmental requirements is prohibited.

I. Definitions

A. Reasons for Overtime/Compensatory Leave Time:
For exceptional work requirements of an emergency or temporary nature and where management believes required work cannot reasonably be expected to be completed within the normal work week. Examples: snow removal, fire, catastrophic event, or special events for which schedule adjustments are not possible.

B. Non-Exempt Position: These positions are generally within pay bands 1-3 and must be compensated at the time and one-half rate for hours worked beyond the forty-hour work week.*

C. Exempt Position: These positions are generally within pay bands 4 and above and meet the exemption tests of the FLSA. Compensation for hours worked beyond the forty-hour work week is not mandated by FLSA.*

D. Overtime Pay: Pay at the time and one–half rate for hours actually worked beyond the forty-hour work week. Non-exempt positions are eligible to be paid for overtime hours.

E. Compensatory Leave Time: Leave time earned for hours worked beyond the forty-hour work week. Compensatory leave is earned on an hour-for-hour basis. Exempt positions may be granted compensatory leave.

F. Schedule adjusting: Rescheduling normal work hours to ensure that the employee works no more than forty hours in the work week. See example in (A) General Provisions. Adjustments must be made within the same week that extra hours are worked.

II. General Provisions

A. Employees must have supervisory authorization to earn overtime compensation or compensatory leave. In cases where overtime is earned prior to the end of the work week, the employee’s schedule should be adjusted so that there are no more than forty hours worked in that week. For example: an employee is called in for a residence hall fire on Monday night. The employee works four hours. The employee’s schedule should be adjusted between Tuesday and Friday to ensure the employee only works forty hours that week.

B. In cases where schedule adjustment is not available prior to the end of the work week, the supervisor should consult with the Budget Office to determine if funds are available in their department budget for overtime costs.

C. All overtime hours or compensatory leave earned must be documented on time cards or leave slips, signed by the employee’s supervisor, and processed through the Payroll Office. The supervisor certifies with his or her signature that the time card or leave slip accurately reflects all hours worked during that time period. Inaccurate time cards would be considered falsified documents under state and federal regulations.

III. Non-Exempt Positions

A. These positions are generally in pay bands 1-3.* Employees in these positions must be compensated at the time and one-half rate; this compensation will be in the form of overtime pay.

B. In order to be eligible for overtime the employee must actually work additional hours beyond the standard forty-hour work week. Employees must have supervisory authorization to earn overtime compensation.

1. Sick leave, annual leave, approved holidays, compensatory time, etc. do not contribute to the earning of overtime since this is not time actually worked.
2. Employees who work on a University approved holiday will receive straight compensatory time for the hours worked on the holiday.
3. Employees who use paid leave or a holiday during the work week and then work over their regular schedule will receive compensatory time for the time worked over their schedule. If this extra work exceeds forty hours, the time over forty hours will be compensated at a time-and-one-half rate.

C. The University will compensate non-exempt employees in overtime pay.

1. Employees who have accrued overtime leave prior to the effective date of this policy will be permitted to maintain that balance. However, an employee may be required to take the overtime leave as soon as possible if it does not unduly disrupt University operations or force an employee to lose annual leave. Management reserves the right to schedule the usage of overtime leave.
2. Upon an employee’s promotion from a non-exempt position to an exempt position, all accrued overtime leave will be paid at the hourly rate of the non-exempt position. Upon separation from employment with the University, an employee with accrued overtime leave will be paid at the ending hourly rate for the balance of the leave.
3. Travel time to work-related conferences, workshops, or other programs for non-exempt employees is not eligible for compensation and must be accommodated within the regular workweek period. Work schedules should be adjusted to allow for such travel.

IV. Exempt Positions

A. These positions are generally in pay bands 4-5 and are typically working supervisors and technical employees.*

B. Exempt positions are not eligible for overtime pay, but may be eligible to earn compensatory leave time on an hour-for-hour basis. Compensatory leave time may be earned only for reasons described in defined in I. A.

C. Exempt employees must obtain their supervisors’ authorization prior to working hours that will result in the earning of compensatory time. Compensatory leave must be used within twelve months of the date it is earned. Any compensatory time not used within one year will be forfeited.

D. Upon separation form employment with the University, an employee with accrued compensatory time will be compensated at his hourly rate for the balance of the leave.

E. Employees in pay band 6 and above are not eligible for compensatory time or overtime. Additionally, compensatory leave time is not intended for administrative and professional positions.

V. 7K Exemption for Office of University Police

A. Section 7K of the FLSA allows a partial exemption for law enforcement officers. This partial exemption permits work periods of varying lengths.

B. Under this exemption, the Office of University Police has adopted a 14-day, 86- hour work period for police officers and police sergeants.

C. During any 14-day work period, officers and sergeants will be paid at the straight time rate for 86 hours. Hours actually worked beyond the 86 hours will be compensated in pay at the time and one half rate.

D. Officers and sergeants are not eligible to earn overtime leave.

E. The police lieutenant is eligible to earn compensatory time on an hour-for-hour basis for time actually worked beyond 40 hours.

F. The Police Director and the Executive Vice President, in consultation with the Assistant Vice President for Human Resources and Affirmative Action Officer, must approve variations to this schedule.

VI. Responsibility

The Assistant Vice President for Human Resources and Affirmative Action and the Budget Director are responsible for the interpretation, consistent application, and enforcement of this directive. Department heads and supervisors are responsible for implementing this policy within their work units.

*Each position has been compared to the FLSA Exemption Tests. Check with the Office of Human Resources for the exempt/non-exempt status of an individual position.

Effective: 01/01/95

Revised: 01/01/2005