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13-R-48 - Employee Compensatory time policyRESOLUTION NO. 13-R-48 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING CHANGES IN THE EMPLOYEE COMPENSATORY TIME POLICY AS CONTAINED IN THE CITY OF SCHERTZ EMPLOYEE POLICY HANDBOOK. WHEREAS, the City staff of the City of Schei•tz (the "City") has recommended that the City review and approve the amendments to the proposed policies presented by city staff in accordance with the City of Schertz Charter ;and WHEREAS, the Ciky Staff has identified areas of improvement within the current city policies for the puzpose of correction, compliance, and communication. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the approval of staff recommendations to amend the current Compensatory Time Policy within the City of Schertz Employee Policy Handbook. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adapted as a part ofthe judgment and findings of the City Council, Section 3. All resolutions, or parts thereof, which are in conflict ar inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, vas given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. SSCC~H[ICIR~`]`~L I o ~R~, CITY Ol!' SCHERTZ EMPLOYEE HANDBOOK Compensatory (Comp) Tinae PREPARED BY: Human Resources APPROVED BY: City Caz~ncil DATE APPROVED: 6/11/2013 EFFECTIVE DATE: 6/12/2013 REPLACES VERSION: 4.1.6 Purpose Compensatory time off {"comp time") is paid time off that may be earned and accrued by non-exempt employees in lieu of immediate cash payment far working overtime hours, Policy Al! regular full-time employees classified as non-exempt shall be paid at one and one- half times their regular rate of pay, as defined under Fair Labor Standards Act (ELBA), for hours worked in excess of their regular work weeks or regular work periods. Non- exempt employees may, however, accrue compensatory time in lieu of overtime pay. FLSA prohibits an employer fi•ozn zequiring an employee to accept comp time off far overtime hours worked. An employer may grant comp time far overtime hours worked izi lieu of overtime pay upon employee agreement. Applicability All regular non-exempt full-time employees are eligible to accrue comp time. Exempt, part-time, seasonal, and/or temporary employees are not eligible to accrue comp time. Accrui~tQ Comp Time When practical, overtime and comp time should be avoided but, if necessary, should be scheduled by the appropriate supervisor, Employees must receive prior approval from their supervisor prior to working over and beyond regular work schedules where comp time or overtime would begin to accrue, Wanking unauthorized hours or overtime by employees shall be considered grounds for diseiplinaz•y action. Supervisors and employees should discuss whether overtime or compensatory time will be accrued before any work is scheduled by the supervisor or performed by the employee. Again, an employer may grant comp time for overtime hours worked in lieu of overtime pay upon employee agreement. Comp time will accrue for employees at a rate of one and one-half {1 %) hours for every hour worked in excess of the standaz•d 40-hour work week. Employees who do not work a standaz•d ~0-hour work week {i.e. Police, Fire, and EMS employees and who are covered under 207(k) of the FLSA and applicable provisions of state law) will accrue comp time based on FLSA standards for their work cycle. ~~\~JL 1L~~~1 ~~~~/<.a I 4PAORf31 ~Y CITY OF oCHERTZ EMPLOYEE HANDBOOK The maximum accrual for camp time for employees is as follows; Employees assigned to a standard 40-hour work week may accrue up to 40 hours at any given time. Employees assigned to a S&-hour work week may accrue up to 36 hours at any given time. • EMS employees on 24-hour shifts may accrue up to 72 hours at any given time. Employees who have reached their maximum comp time accruals will be paid for any overtiane worked in accordance with the Fair Labor Standards Act. Carryina Over Comn Time Comp time acer~Eals may carry over into the beginning of each subsequent fiscal year for employees. The maximum number of hours that may be carried over by employees is as follows: Employees assigned to a standard X10-hour work week may carry over up to 20 hours into the beginning of the subsequent fiscal year. Employees assigned to a Sb-hour work week may carry over tip to 36 hours into the beginning of each subsequent fiscal year. EMS employees on 24-hour shifts may carry aver up to 48 hours into the beginning of each subsequent fiscal year. Any comp time that an employee is unable to carry over into each subsequent fiscal year will be paid at his/her regular rate of pay. Use of Comp Time Comp time accrued and used by employees shall be recorded and then foc•warded to payroll where they will be maintained as official records. Comp time accrued in any given pay period shall not be used duri~rg that same pay period. Employees may take comp time off at the discretion of their direct supe-visor. Comp time off must not unduly disrupt departmental operations and must have prior supervisory approval. City policy requires all applicable leav leave of absence for any employee. automatically substitute an insufficient according to the following schedule: e to be exhausted prior to authorizing an unpaid Therefore, comp time and vacation leave will balance of sick leave or other requested leave Vacation ---- Comp Time SS~CJH[JCJR~~[~71~ I CI'T'Y OF SCHERTZ EMPLOYEE HANDBOOK Pay Outs for Comn Time Employees will be paid for accumulated, unused comp time upon separation of employment at their regular rate of pay, regardless of the reason for employment separation. if an employee is promoted from anon-exempt to an exempt position, any accrued, unused comp time shall be paid out at the employee's regular rate of pay for tl~e position held before the promotion. Any time that an employee with accrued comp time accruals transfers to another department, his/her houz•s accrued shall be cashed out at their current hourly rate of pay.