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Compensatory Time 6-12-13 CITY OF SCHERTZ EMPLOYEE HANDBOOK Compensatory (Comp) Time PREPARED BY: Human Resources APPROVED BY: City Council 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 for working overtime hours. Policy All 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 (FLSA), 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 from requiring an employee to accept comp time off for overtime hours worked. An employer may grant comp time for overtime hours worked in 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. Accruing 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. Working unauthorized hours or overtime by employees shall be considered grounds for disciplinary 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 ½) hours for every hour worked in excess of the standard 40-hour work week. Employees who do not work a standard 40-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. CITY OF SCHERTZ EMPLOYEE HANDBOOK The maximum accrual for comp 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 56-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 overtime worked in accordance with the Fair Labor Standards Act. Carrying Over Comp Time Comp time accruals 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 40-hour work week may carry over up to 20 hours into the beginning of the subsequent fiscal year.  Employees assigned to a 56-hour work week may carry over up to 36 hours into the beginning of each subsequent fiscal year.  EMS employees on 24-hour shifts may carry over 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 forwarded to payroll where they will be maintained as official records. Comp time accrued in any given pay period shall not be used during that same pay period. Employees may take comp time off at the discretion of their direct supervisor. Comp time off must not unduly disrupt departmental operations and must have prior supervisory approval. City policy requires all applicable leave to be exhausted prior to authorizing an unpaid leave of absence for any employee. Therefore, comp time and vacation leave will automatically substitute an insufficient balance of sick leave or other requested leave according to the following schedule: Vacation Comp Time CITY OF SCHERTZ EMPLOYEE HANDBOOK Pay Outs for Comp 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 a non-exempt to an exempt position, any accrued, unused comp time shall be paid out at the employee’s regular rate of pay for the position held before the promotion. Any time that an employee with accrued comp time accruals transfers to another department, his/her hours accrued shall be cashed out at their current hourly rate of pay.