CHAPTER THREE: 3460
EMPLOYMENT INFORMATION CONCERNING FACULTY AND
STAFF
January 16, 2015
3460
OVERTIME WORK, COMPENSATORY TIME,
AND HOLIDAYS
PREAMBLE: This
section outlines the policies and procedures for overtime work and compensatory
time. It appeared in the 1979 Handbook and has been rather frequently
revised for clarification and so as to reflect changes in federal and state
rules and practices. It was substantially revised in July
2005 and in 2008 reference to classified exempt staff was removed this title is no longer used at
UI. In 2012 section B-6 was added to align with federal regulations. Unless otherwise noted, the text is of July 1996. In
2015 changes were implemented to comply with IRS regulations. Further
information is available from Human Resources (208-885-3609). [ed. 7-97,
7-00, 9-06, rev. 7-05, 7-08, 1-12, 1-15]
CONTENTS:
A.
Definitions
B.
Time and Leave Reporting
C.
Overtime Work
D. Compensation for Overtime Work
E. Compensatory Time
F. Holidays
A. DEFINITIONS.
A-1. “Overtime work” is time worked on holidays and time worked in excess
of 40 hours in a period of 168 consecutive hours (defined for UI employees as
the seven consecutive 24-hour days beginning at 6 a.m. each Sunday).
Overtime
must be approved in advance in writing by the employee’s supervisor. [rev. 7-02,
7-05]
A-2. “Compensatory time” is pre-approved time off from duty provided in
compensation for overtime hours worked, holidays worked, or other time worked as
approved by the president or designee.
A-3. “Exempt employee” (also known as
"non-classified employee") is used to describe UI employees who are not
classified employees, includes officers, members of the faculty, and members of
the non-faculty staff whose positions are exempted from the provisions governing
UI’s classified personnel system. [See also
3080.] These positions also are not covered by federal
minimum wage and overtime requirements as discussed below in
A-5. [rev. 7-05, 7-08]
A-4.
“Classified employees”
are those holding positions which are subject to merit examination, selection,
retention, promotion, and dismissal provisions, and whose compensation rates are
determined by the position classification system of the University of Idaho.
[ed. 7-02]
A-5. Certain positions, including exempt and faculty, are not covered by the
overtime compensation requirements of the Fair Labor
Standards Act [29 U.S.C. § 201-263 (“FLSA”), and Department
of Labor (“DOL”) Regulations, 29 C.F.R. Parts
500-794]. These positions are defined by law and fall into
the following categories of exemptions: administrative,
professional, computer, executive, outside sales, or
creative professional. In all cases, the determination of
whether a position is exempt from the FLSA will be made by
Human Resources, in consultation with the Office of General
Counsel. [rev. 7-05, 7-08]
B. TIME AND LEAVE REPORTING.
B-1. General Information. Employees are required to report time
worked and leave taken. Hourly employees must record the hours worked each day
as agreed upon by their supervisor. The expectation for full-time, salaried
employees is that they will work 40 hours per week or more to meet the needs and
expectations of their position. Flexibility of the scheduled workweek is at the
discretion of the supervisor, in accordance with the
University's flextime policy [FSH 3250]. Hours worked in excess of 40 do not carry over
from one week to the next. Use of annual leave, sick leave, jury
leave, medical leave, and other leave must
be recorded by the department [see FSH
3710, A-6].
Supervisors should treat all employees consistently within their unit. See FSH
3710 to review leave eligibility criteria. The
university-approved time report may be used for recording any leave.
[rev. 7-05]
B-2. Faculty are salaried employees. All benefits-eligible faculty must
report leave taken (annual, sick, jury, medical, etc.) of 4 or more consecutive
hours via written, signed form
to their department chair for signature. The data is recorded and the form kept
on file by the unit for three years [see also FSH
3710]. [rev. 7-05, 7-08]
B-3. Exempt employees and administrators
(non-classified employees) are salaried
employees. All benefits eligible non-faculty employees and administrators must
report leave taken (annual, sick, jury, medical, etc) of 4 or more consecutive
hours via written, signed form
to their supervisor for his/her signature. The data is recorded and the form
kept on file by the unit for three years [see also FSH
3710].[rev. 7-05, 7-08]
B-4. Classified employees are hourly employees.
The Fair Labor Standards Act and UI policy requires reporting the time arrived for work, the time
lunch was taken, the time left for the day, and any leave (annual, sick, jury,
medical, etc.) that was used. The employee may use any university-approved form
to record these hours consistent with department guidelines. The employee and
supervisor must sign the form and keep it on file in the unit for three years
[see also FSH
3710]. [rev. 7-05, 7-08]
B-5. Temporary Help employees (Irregular Help and student employees) are
hourly employees. The Fair Labor Standards Act requires reporting the time
arrived for work, the time lunch was taken, the time left for the day, and any
leave (annual or sick for those contributing to PERSI) that was used. The
employee and supervisor must sign the form and keep it on file in the unit for
three years [see also FSH
3710].[rev. 7-05]
B-6. With the exception of
holiday leave or when an employee (B-4 and B-5 above) is specifically requested
to work outside of regular working hours, no leave may be reported if it results
in pay in excess of the employee’s regular scheduled 40 hour work week.
Written approval of both of the employee’s supervisor and unit head is
required prior to submitting a time card that exceeds 40 hours with the use of
leave. [add. 1-12]
B-7. References. For more information on procedures for these policies
see
APM 50.06,
50.38 and FSH
3710 and 3090
and Human Resources website at
http://www.uidaho.edu/human-resources. [ed. 7-05, 7-10, ren. 1-12]
C. OVERTIME WORK.
C-1. Overtime work should be permitted only in emergency or extremely
unusual circumstances and requires prior written supervisor approval. The
calendar period for determination of eligibility for overtime compensation is
the seven-day period beginning on Sunday at 6 a.m. Whenever possible, employees
who regularly work four 10-hour days are to receive the same 8-hour holiday
compensation. When UI is closed for a holiday, the employee is rescheduled to
work four 8-hour days during the week the holiday occurs (taking off only 8
hours for the holiday) or he or she makes other arrangements with his or her
department to ensure he or she only works a total of 32 hours during the week
that the holiday occurs. [See
APM 55.08].
[ed. 7-10]
C-2. When the need for an employee to perform overtime work can be
foreseen, prior approval by the dean or director is required. If overtime work
is necessitated by a University-wide emergency, the department administrator
should immediately request approval via the dean or equivalent administrator.
[ed. 7-05]
D. COMPENSATION FOR OVERTIME WORK
D-1. Eligibility and manner of compensation for overtime work differ for
the various categories of employees defined in section A. Overtime work must be
recorded on an approved University of Idaho Time Report form, approved by the
supervisor and recorded.
D-2. Faculty and exempt employees are not
eligible for payment of overtime work. However, they may be eligible for equal
compensatory time off if they work on official holidays or other times
specifically authorized by the president (such as a general state of emergency).
[See FSH
3470 and section F-2 of this policy for
official UI holidays]. [rev. 7-02, 7-05, ed. 7-08]
D-3. Classified employees are eligible to receive compensation for overtime
work in the form of compensatory time off or cash payment, each at the rate of 1.5 hours
for each hour of overtime worked subject to the election and limitation process
described in APM 50.10 B.
Absent the employee electing accrual of compensatory time as described in
APM 50.10 B, compensation for
overtime work will be in the form of cash paid as overtime is earned. [ren. 7-08,
rev. 1-15]
D-4. Temporary Help (Irregular Help) employees are eligible to receive
payment for overtime work. Temporary Help employees are paid hourly and qualify
for overtime pay at the rate of 1.5. Temporary Help employees cannot accrue or
use compensatory time. They are to be compensated in cash for any
overtime worked in their next paycheck. If an employee has a less than full-time
classified position, and at the same time has a temporary position, any overtime
worked must be paid to the employee in their next paycheck. Compensation for
overtime hours worked by work-study students must be processed following
guidelines by the Financial Aid Office. [rev. 7-02, 1-15, ren. 7-08]
E. COMPENSATORY TIME (see
APM 50.10)
E-1. Classified employees are the only employees
eligible to earn or accrue compensatory time except as is described in D-2 above. An employee may not have a
compensatory time balance of more than 240 hours pursuant to the Fair Labor
Standards Act. [ed. 7-08, 1-15]
E-2. Classified employees are paid for unused compensatory time under the
following circumstances:
a. If a classified employee has a compensatory time balance over the
240-hour limit, he/she automatically will be paid for the hours over 240.
Departments are expected to monitor closely the accrual of compensatory time.
[rev. 1-15]
b. Upon termination of UI employment, classified employees will be paid
for the compensatory time balance at the employee’s current hourly rate or at
the average of the hourly rate paid the employee during the final three years of
employment, whichever is higher. [rev. 7-02]
c. If there is a change in the employee’s classification to a
non-classified position, the classified employee will be paid for the compensatory
time balance or be asked to take time off prior to beginning the new role.
[rev. 1-15]
d. Classified employees with accrued and unused
compensatory time in excess of 80 hours at the end of payroll 25 of each
calendar year will receive a mandatory cash payment for the balance in excess of
80 hours in their payroll 26 paycheck. [add. 1-15]
F. HOLIDAYS.
F-1. Compensation for holidays.
a. On an official UI holiday, full-time benefited UI employees will be
paid for the number of hours they would normally work, up to 8 hours, even
though they do not work on that day. Temporary and part-time employees
(excluding employees in the College Work-Study Program) receive the benefit of
the paid holiday provided that they are contributing to the state retirement
system. They are credited with a fraction of eight hours equal to the fraction
of 32 hours that they actually do work during the week in which the holiday
occur.
b. If an employee works or is on paid sick leave, annual leave or
compensatory time the day before or the day after the holiday, the employee is
eligible for holiday pay. If an employee is on leave without pay on both the day
before and the day after the holiday, the employee is not eligible for holiday
pay. If an employee is on a fiscal-year appointment and works in a department or
unit that closes down, thus precluding the employee’s working on the day before
and/or after the holiday, the employee is still eligible for holiday pay. See
APM 55.08. [ren. 7-05,
ed. 7-10]
c. Employees who work on an official UI holiday and who are eligible for
overtime payments must be paid at 1.5 times their regular rates of pay or be
given compensatory time off at the rate of 1.5 hours for each hour worked.
Fiscal year faculty and other exempt employees who work on a
holiday may be given equal compensatory time off if authorized by the president
[see D-2]. [ren. 7-05, rev. 7-08, ed. 6-09]
d. A new employee whose date of hire normally would fall on a Monday
holiday is to be appointed effective on Tuesday. An employee whose employment
terminates for any reason is entitled to pay for any holiday observed after
his/her last day worked, when the holiday is observed on the last day of the
workweek and the employee works the first four days of the workweek or
equivalent. [ren. 7-05]
F-2. Official UI Holidays. The following are the official
University of Idaho holidays; New Year's Day (January 1), Martin Luther King
Jr.—Idaho Human Rights Day (third Monday in January), President’s Day (third
Monday in February), Memorial Day (last Monday in May), Independence Day (July
4), Labor Day (first Monday in September), Thanksgiving Day (fourth Thursday in
November), the day after Thanksgiving, the day before Christmas (December 24),
Christmas Day (December 25) and New Year’s Eve Day (December 31). In the event
that a holiday falls on a Saturday, the preceding Friday is recognized as a
holiday; in the event that a holiday falls on a Sunday, the following Monday is
recognized as a holiday. The holiday schedule continues from year to year unless
the President of the University notifies otherwise. [ed. 1-15]
F-3. Office Closure Around Holidays. The President of the
University or official designee has the authority to announce the closure of offices
and/or the early dismissal of staff around the holiday seasons. Unless otherwise
notified by the president or official designee, regular office hours should be held and
staff should not be dismissed early. Staff who must leave early should request
the appropriate leave and keep record of this time. For more information on
university closures please see
APM 95.21. [rev. 7-05, ed.
12-13]
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