Procedure: State Compensatory Time
State compensatory time may be granted to FLSA non-exempt employees under circumstances described in this procedure. FLSA exempt employees are not entitled to state compensatory time as provided by this procedure.
Eligibility
State compensatory time is time off from work earned by non-exempt employees who are in pay status for more than 40 hours during a seven-day FLSA work period but have not actually worked more than 40 hours during the work period. (See Example of State Compensatory Time) When non-exempt employees actually work more than 40 hours during an FLSA work period, the provisions of the Fair Labor Standards Act will apply.
Managing Time
Both the manager and FLSA non-exempt employee are responsible for monitoring the time that the employee is in pay status. If it appears that a non-exempt employee will exceed forty (40) hours in pay status during the FLSA work period, management will have the following options available in managing state compensatory time:
1) The employee’s schedule may be adjusted by the manager scheduling off time for the employee, prior to the end of the FLSA work period, to avoid the accrual of state compensatory time.
2) If accrued leave was used during the work period, the amount of leave charged may be adjusted by the manager, if the adjustment is made prior to the end of the FLSA work period and if the adjustment will not result in the employee forfeiting accrued leave or losing personal leave. The employee must be advised of any adjustments.
3) Allow the employee to accrue state compensatory time.
Accruing/Using Time
1) FLSA non-exempt employees accrue state compensatory time on a “straight time basis” equivalent to the actual amount of time worked.
2) Employees cannot accumulate more than 240 hours of state compensatory time. (See MANAGING TIME Section above.)
3) Employees should be scheduled to use state compensatory time within 60 calendar days. State compensatory time that is not used within one (1) year from the date it is earned is lost and the employee is not entitled to be paid for the lost time.
4) State compensatory time is not transferable between the Department organizational units/colleges or state agencies.
5) State compensatory time is lost when employees leave the Department organizational unit/college in which the state compensatory time was earned (e.g., transfer, separation, resignation, etc.). Employees are not entitled to be paid for the lost time.
Record Keeping
1) Employees are required to keep accurate records of all time worked.
2) Managers are required to frequently review records of time worked.
3) Employees who earn state compensatory time are not to maintain the official record for their accrued state compensatory time.
4) Records of state compensatory time are to be kept for a three (3) year period.
References
Example of State Compensatory Time
Office of Planning and Budget and State Personnel Board Policy
Created: October 3, 2001