Special School District (SSD) Effective Date: August, Overtime

Transcription

1 Luisiana Department f Educatin Emplyee Plicies Special Schl District (SSD) Effective Date: August, 2015 Overtime ************************************************************************ Applicability This plicy shall apply t all emplyees f LSS. SSP emplyees will fllw the Department f Educatin s Overtime Plicy. Executive Order NO. BJ In accrdance with Executive Order N. BJ , the fllwing emplyees are nt eligible t earn cmpensatry leave: Unclassified appintees wh are appinted by the State Superintendent t serve n the Superintendent s executive staff Student emplyees, as defined under the Civil Service Rules Temprary, intermittent, r seasnal emplyees Unclassified fficers r emplyees wh set their wn wrk schedules, except fr vertime wrk which the appinting authrity judges t be extrardinary and which the appinting authrity clsely mnitrs Emplyees in these categries wh are nn-exempt under FLSA (see belw), and wh actually wrk mre than 40 hurs in a wrkweek, must be paid fr the vertime wrked, in accrdance with FLSA. It is the plicy f SSD t cmply with Executive Order BJ , and any future Executive Order gverning leave in the unclassified service. If this prvisin is nt included in a future Executive Order gverning leave in the unclassified service, the Appinting Authrity may determine whether these categries f emplyees may earn cmpensatry time. Definitins FLSA Designatin The Fair Labr Standards Act (FLSA) classifies emplyees int tw grups, exempt and nn-exempt. Sme emplyees, including executives, administratrs, and prfessinals, are exempt frm FLSA cverage and are nt entitled t cmpensatin fr vertime under the federal law. Emplyees in these psitins must meet salary and jb duty tests t be classified as exempt frm the FLSA. Exempt emplyees may be cmpensated fr vertime at a straight hurly rate; nn-exempt emplyees must be cmpensated fr vertime at a rate f time and ne-half, when they actually wrk mre than 40 hurs in a wrkweek. FLSA and Civil Service Rules prvide that emplyees may be cmpensated by cmpensatry leave (K-time), which is time ff, in exchange fr the vertime hurs wrked. Human Resurces will designate psitins as exempt r nn-exempt based n the duties assigned t the psitin. Hurs Wrked als refers t a prtin f an hur wrked

2 Overtime FLSA Overtime any hur (r prtin theref) actually wrked ver 40 hurs in a wrkweek State Overtime any hur (r prtin theref) wrked in excess f the regular wrkday r wrkweek, r during a hliday r clsure, when the emplyee des nt actually wrk in excess f 40 hurs in the wrkweek Cmpensatry Leave r K-time Plicy Leave earned by wrking vertime Straight-time Cmpensatry Leave is earned hur-fr-hur fr the number f hurs wrked Time and One-half Cmpensatry Leave is earned in excess f the number f hurs wrked; fr example, an emplyee wh wrks 1 hur f vertime earns 1.5 hurs f K-time. Time and nehalf cmpensatry leave is earned by nn-exempt emplyees wh actually wrk mre than 40 hurs in a wrkweek and may be earned when preparing fr, respnding t, r recvering frm an anticipated r actual emergency r disaster. It is the plicy f SSD that: Emplyees may be required t wrk vertime. Schl and Divisin Directrs will mnitr vertime and will manage staffing and prjects in rder t avid excessive vertime. N emplyee will earn vertime withut supervisry apprval and/r directin. Apprval fr vertime must be apprved in advance and in writing by the LSS Superintendent. If vertime is required in an emergency r unfreseen situatin when the LSS Superintendent is nt available, the emplyee may btain verbal apprval frm the Schl r Divisin Directr and btain written apprval as sn as pssible. A nn-exempt emplyee wh wrks vertime withut advance apprval will be cmpensated fr the vertime wrked; hwever, the emplyee may als be subject t disciplinary r ther crrective actin fr wrking vertime in vilatin f this plicy. Nn-exempt emplyees will be cmpensated in accrdance with FLSA and Civil Service Rules. Exempt emplyee hurs wrked in excess f the regularly scheduled wrk hurs may be cmpensated with straight-time cmpensatry leave, subject t apprval. When an emplyee is apprved fr annual leave, the payrll system autmatically uses the emplyee s time and ne-half cmpensatry leave and then straight-time cmpensatry leave

3 befre using annual leave r vluntary leave withut pay. Hwever, an emplyee whse absence is designated as FMLA may nt use time and ne-half cmpensatry leave during the FMLA absence. A supervisr may, at any time, require emplyees t take all r part f their cmpensatry leave. Hwever, an emplyee whse absence is designated as FMLA may nt use time and nehalf cmpensatry leave during the FMLA absence. All r part f a balance f cmpensatry leave may be paid t emplyees at the discretin f the Appinting Authrity at any time, depending n available budget. Overtime Cmpensatin fr Hurs Wrked/Limit n Accrual f Cmpensatry Leave Overtime will be cmpensated with cmpensatry leave, unless required by FLSA, r specifically apprved by the LSS Superintendent. Nn-exempt, full-time emplyees wh wrk State Overtime, but wh d nt wrk ver 40 hurs in the wrkweek will be cmpensated with straight-time cmpensatry leave. Cmpensatry leave will be accrued and used in the same increments as annual and sick leave. Minutes may be accumulated at the end f the wrkweek. Emplyees at the level f Directr may earn cmpensatry leave nly after actually wrking in excess f 45 hurs in a wrkweek, and may be cmpensated beginning at the 46 th hur. The LSS Superintendent may grant exceptins in extrardinary circumstances. Nn-exempt emplyees wh wrk FLSA Overtime shall be cmpensated with time and ne-half cmpensatry leave fr each hur actually wrked ver 40 until the balance f time and nehalf cmpensatry leave reaches 240 hurs. When the 240-hur cap is reached, vertime hurs that exceed 240 will autmatically be paid t the emplyee. Cmpensatry leave earned hur-fr-hur may be accrued in excess f 360 hurs, but n mre than a ttal f 360 hurs may be carried frward frm ne fiscal year t the next. Straight cmpensatry leave balances in excess f 360 hurs will be paid t nn-exempt emplyees within 90 days f the beginning f the fiscal year, and either paid (in whle r in part) t exempt emplyees r cancelled within 90 days f the beginning f the fiscal year. Exempt emplyees wh wrk vertime may be cmpensated fr vertime hurs wrked with straight-time cmpensatry leave, with apprval as required by this plicy. The LSS Superintendent may prvide that State Overtime be cmpensated at the time and nehalf rate when: An exceptin has been granted by the Civil Service Cmmissin, It is perfrmed during fficial clsures due t emergency situatins, It is perfrmed t prepare fr, respnd t, r recver frm an anticipated r actual emergency r disaster, r

4 It is perfrmed n a hliday. Emplyees may be paid fr vertime wrked, rather than receiving cmpensatry time, at the discretin f the Appinting Authrity, when the vertime is perfrmed t prepare fr, respnd t, r recver frm an anticipated r actual emergency r disaster. Overtime Recrding Overtime Hurs Written authrizatins fr vertime requests may exist in different frms, i.e., mem, letter r . The dcument must be attached t the emplyee(s) timesheet(s) and cntain: The purpse/justificatin fr the vertime, An explanatin f the nature f the wrk perfrmed, if the vertime was perfrmed t prepare fr, respnd t, r recver frm an anticipated r actual emergency r disaster The name(s) and jb title(s) f the emplyees authrized t wrk vertime, The dates r perids f time the vertime was expected t be wrked (except in an emergency r unfreseen circumstance) and actually wrked, and The supervisr s signature. Emplyees must recrd vertime hurs daily n timesheets t shw the number f hurs wrked in excess f the regular wrk hurs. Overtime Cmpensatin fr Meal Perids Nn-exempt emplyees are t be cmpletely relieved f all duties during the lunch perid. When a nnexempt emplyee is required r allwed t perfrm any duties during the meal perid, that time is cnsidered wrking time and is subject t vertime cmpensatin. Fr this reasn, nnexempt emplyees must nt be allwed t eat lunch at their desks, and supervisrs wh becme aware that nn-exempt emplyees are wrking thrugh lunch are t take actin t stp it immediately, and reprt it fr cnsideratin f pssible disciplinary r ther crrective actin. Overtime Cmpensatin fr Wrk at Hme Overtime cmpensatin will NOT be permitted fr wrk perfrmed at hme unless the emplyee is n leave due t Office Clsure r Act f Gd, the emplyee is directed t wrk frm hme, and the Appinting Authrity apprves the emplyee s wrk frm hme. Overtime Payment at Separatin r Transfer Payment Upn Transfer Within LDOE Agencies Upn the transfer f an emplyee frm ne LDOE agency (persnnel area), e.g., LDOE State Activities, Special Schl Prgrams, Luisiana Special Schls, and Recvery Schl District, t anther LDOE agency (persnnel area), the cmpensatry time and ne-half (1.5) balance must be paid by the lsing agency. The cmpensatry straight-time balance, hwever, shall transfer t the new LDOE agency.

5 Payment Upn Separatin r Transfer Outside f LDOE Agencies All (exempt r nn-exempt) emplyees with a time and ne-half (1.5) cmpensatry leave balance will be paid at a rate equal t his/her hurly rate prir t separatin r transfer. Nn-exempt emplyees shall be autmatically paid fr the remaining straight-time cmpensatry leave balance. Exempt emplyees shall be paid eighty (80) hurs f unused straight-time cmpensatry leave upn separatin r transfer t an agency utside f the LDOE agencies. Payment fr cmpensatry leave that exceed 80 hurs may be requested and apprved by the Appinting Authrity based n available budget. All unused straight-time cmpensatry leave, if nt paid t the emplyee, shall be cancelled and shall nt be re-credited upn reemplyment. Emplyees with cmpensatry balances transferring int an LDOE agency frm an agency utside f LDOE cannt transfer the cmpensatry balance int the LDOE agency. Cmpensatry leave fr unclassified emplyees shall be paid in accrdance with Executive Order BJ , r any future Executive Order gverning leave in the classified service, if the prvisins f the Executive Order differ frm this plicy. Exceptins Exceptins may be made t the prvisins f this plicy when the Appinting Authrity determines it in the best interest f the agency. Cnsequences Vilatins f this plicy will nt be tlerated and may be cause fr disciplinary actin, up t and including terminatin. Suspected vilatins r abuse f this plicy shall be reprted t the apprpriate supervisr and/r the Human Resurces Directr r Administratr fr review and further handling. Any emplyee wh fraudulently reprts vertime hurs earned will be subject t disciplinary actin up t and including terminatin fr payrll fraud. Vilatins f FLSA can result in fines and ther penalties impsed by the U. S. Department f Labr. Any questins regarding this plicy r dcumentatin requirements relative t vertime may be directed t Human Resurces.