Overtime and Compensatory Time(E-36)
Original Implementation: Unpublished
Last Revision: January 31, 2012
This policy applies only to non-academic employees.
A non-exempt employee who works an excess of 40 hours in a workweek is entitled to compensation for the excess hours through one of the following methods:
- The employee should be allowed (or required) to take compensatory time off within twelve (12) months following the end of the workweek in which the overtime occurred at the rate of 1-1/2 hours off for each hour of overtime. Time that is to be taken is at the discretion of the supervisor and must be authorized in advance.
- When granting compensatory time off is impractical, the employee receives pay for the overtime at the rate of 1-1/2 times the employee's regular rate of pay. Payment must be made for all overtime in excess of 240 hours, which is 160 straight time hours.
Any paid leave or holidays taken are not counted as hours worked in determining overtime hours under the preceding paragraph. In situations in which the employee has not worked more than 40 hours in a workweek but the total hours worked and hours of paid leave or paid holidays exceeds 40 hours, the employee shall be allowed equivalent compensatory time off for the excess hours. The compensatory time must be taken during the 12-month period following the end of the workweek in which the compensatory time was accrued. Compensatory time under this paragraph may not be carried forward past the end of the 12-month period and only in specially approved instances may an employee, whose compensatory time off would be disruptive to normal teaching, research or other critical function, be paid for the unused time.
Non-exempt part-time employees must be paid for hours worked over their designated hours; they may not accrue compensatory time.
Exceptions to the workweek overtime calculation for University Police Department law enforcement officers shall be made in accordance with the Fair Labor Standards Act.
To receive overtime pay:
- Semi-monthly and monthly paid non-exempt employees record all time worked in the approved timekeeping system. The system calculates overtime based on the rules established in this policy.
- Non-exempt employees must obtain approval from the department head to receive overtime pay in lieu of compensatory time off. If the employee is to be paid for overtime, the employee's name, CID, and dates worked as overtime are to be recorded on the Time Record (http://www.sfasu.edu/documents/time-record.pdf) and submitted to Payroll Services. If the overtime is to be paid from a funding source different from the employee’s regular task code, the department head must approve and submit a Time Record to the appropriate vice president for signature, then route to Payroll for payment.
Non-exempt employees (or their estate) must be paid for any unused accumulated compensatory time at the time of separation from employment or when transferring to an exempt classification.
An exempt employee is not subject to the overtime provisions of the FLSA and may be allowed compensatory time off for hours in excess of 40 hours in a work week in which the combination of hours worked, paid leave, and holidays exceeds a total of 40 hours. Each department is responsible for submitting the “Comp Time Earned Record” (found on SFA Business Forms) for all exempt employees in the department. The form must contain the employee’s name, CID, total comp time hours earned for the month and the signature of each employee. The department head must sign the report and then route to Payroll for processing.
An exempt employee, may be allowed compensatory time off during the 12-month period following the end of the workweek in which the overtime was accrued, at a rate not to exceed equivalent time, but limited to ten (10) days during any one fiscal year. An exempt employee will not be paid for any unused compensatory time earned in this manner. It is the department head’s responsibility to ensure that no more than 80 hours of compensatory time are taken in a fiscal year for each exempt employee.
Part-time exempt employees may accrue compensatory time when the number of hours worked plus holiday or other paid leave taken during that week exceeds the number of hours that the employee was designated to work.
Time that is to be taken is at the discretion of the supervisor and must be authorized in advance on a Request for Vacation, Compensatory Time, Sick Leave Taken form which is maintained in the employee's departmental file.
No employee may accrue compensatory time for work performed at any location other than the employee's regular place of employment or duty point. For compensatory time purposes, the employee's personal residence may not be considered to be their regular place of employment or duty point.
Cross Reference: Non-Academic Employee Handbook; Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; Tex. Gov’t Code §§ 659.015-.016, .018, .022-.023.
Responsible for Implementation: Vice President for Finance and Administration
Contact for Revision: Director of Human Resources
Forms: Request for Vacation , Comp Time, and Sick Leave Taken Form (available on-line at mysfa under myServices and on the payroll website); Comp Time Earned Report
Board Committee Assignment: Academic and Student Affairs