5.13 Compensatory Time and Overtime Compensation
Policy 5.13 Compensatory Time
Board of Trustee Approval: August 6, 2007
Revised: October 1, 2012; October 1, 2016; October 1, 2017; June 4, 2024; October 7, 2026
Revised: October 1, 2012; October 1, 2016; October 1, 2017; June 4, 2024; October 7, 2026
Compensatory time will be granted to a full-time, non-curriculum, non-exempt employee
under the provisions of the Fair Labor Standards Act. If a non-exempt employee works
more than forty (40) hours in a given work week (Sunday through Saturday), that employee
shall receive compensatory time.
For accrual and use of compensatory time, the following rules shall apply:
-
- The employee's immediate supervisor must approve, in writing, any time over forty
(40) hours per week prior to the employee working the time. Overtime work is
discouraged and should only be implemented due to an emergency or extraordinary
situation. Approved leave taken during a workweek (i.e., annual, sick, holiday, etc.)
will not be counted as time worked for purposes of overtime. - If it is necessary for an employee to work over forty (40) hours per week, one and
one-half (1.5) hours of compensatory time shall be granted for each hour of
overtime worked. The employee is responsible for accurately and honestly
recording hours worked on time clock and in accordance with College policy and
practice. The employee鈥檚 immediate supervisor is responsible for monitoring and
approving time clock at the end of each period to ensure the accuracy of all recorded
overtime hours. Additionally, the immediate supervisor oversees authorization and
maintains balance control. - Except in extreme circumstances and with the appropriate Vice President's
approval, supervisors will strive to make sure that employees do not accrue
more than forty (40) hours of compensatory time at any time and that all accrued
compensatory time is used within three (3) months or 90 days from the date the
overtime work was performed. In no event will employees be permitted to accrue more than 240 hours of compensatory time (or 480 hours for law enforcement) within any given fiscal year. If an employee fails to exhaust his/her compensatory time by the end of the fiscal year, the appropriate Vice President shall consult with the President to determine whether the unused accrued compensatory time shall be paid to the employee or if the College shall require the employee to use the leave at a time determined by the Vice President. - Employees must use accrued compensatory time before utilizing other forms of
paid leave to manage leave balances. - The employee鈥檚 immediate supervisor must approve the use of compensatory time in order to manage leave balances and reduce accrued hours. An employee who has accrued compensatory time and requests its use shall be permitted to take such time within a reasonable period after making the request, provided that doing so does not unduly disrupt the College鈥檚 Operations. Compensatory time shall not be forfeited and will be administered in accordance with the requirements of the Fair Labor Standards Act.
- In the event an employee leaves his/her College employment, the employee must, to
the extent possible, exhaust all compensatory time before the last day of employment.
Unused compensatory time must be paid at a rate of not less than the average of the
employee鈥檚
regular pay rate for the last three years of employment or the final regular rate received by
the employee, whichever is greater.
Compensatory time may not be used to extend dates of retirement, resignation or
other forms of severance from the College. - Compensatory time shall be accumulated in quarter hours. The College shall round
up to the nearest quarter hour when calculating compensatory time. - An employee must get prior approval from his/her immediate supervisor in writing
prior to performing any work outside normal working hours. - Failure to follow the requirements set forth in this policy, including working
overtime without pre-approval, is grounds for disciplinary action, up to and
including termination.
- The employee's immediate supervisor must approve, in writing, any time over forty
Legal Reference:1C SBCCC 200.94; The Fair Labor Standards Act of 1938, as amended
