Procedure: Example of State Compensatory Time

Eligible non-exempt employees are paid when observing state holidays and for absences from work that are charged to accrued leave.  Non-exempt employees who work beyond their scheduled work hours in an FLSA work period, during which there was a state holiday or accrued leave was used, may therefore be in pay status for more than forty (40) hours during the work period, but will not have actually worked more than forty (40) hours.

The following example illustrates a state compensatory time situation and provides options that are available to manage state compensatory time.

• An FLSA non-exempt employee with an FLSA work period from Friday at 5:00 p.m. to the following Friday at 5:00 p.m.

	Total Hrs in Pay Status	Total Hrs Worked	Sick Leave	Other Leave
Saturday	6.00	6.00*
Sunday	0.00	0.00
Monday	8.00		8.00
Tuesday	8.00	8.00
Wednesday	8.00	8.00
Thursday	10.00	10.00
Friday	8.00	8.00
TOTALS	48.00	40.00	8.00

*Normally an off day

• Since the employee actually worked only 40 hours during the FLSA work period, the employee is not entitled to FLSA overtime.
• The employee was in pay status for 48 hours during the FLSA work period due to the sick leave; therefore, eight (8) hours of state compensatory time is earned.

The manager has the following options:

• The employee’s schedule may be adjusted by scheduling eight (8) hours off time for the employee prior to the end of the FLSA work period.
• The approved sick leave could be adjusted prior to the end of the FLSA work period by not charging the eight (8) hour absence on Monday to accrued sick leave.

Note:  Adjustments should not result in the employee forfeiting accrued leave or losing personal leave.

• Allow the employee to accrue state compensatory time.

References

III. U. 3. Overtime and Compensatory Time

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Created: October 3, 2001