Agenda Item #
Columbus Consolidated Government
November 13, 2012
Agenda Report #
TO: Mayor and Council
Revised Overtime and Compensatory Time Policy
INITIATED: Mayor, City Manager and Human Resources Department
Approve an ordinance adopting amended Human Resources Policy Number 220-201,
Overtime and Compensatory Time Policy
On September 22, 1998 the Council adopted Ordinance No. 98-91creating the existing Overtime and Compensatory Time Policy.
The revised policy clarifies the intent of the original policy with respect to the accumulation, recording, reporting and monitoring of comp time and the disposition of comp time at termination or retirement. The proposed revision adds additional oversight and control to prevent policy abuse and reduces to 6 months the maximum time that comp time worked can stay on the books.
The question of how will the proposed changes to a maximum comp time accrual of 100 hours and maximum time to use accrued comp time reduced to 6 months (or less) was sent to all department heads with a request to respond with any concerns. The only departments responding with concerns were the Police and Parks & Recreation Departments. In both cases there was no concern about the maximum of 100 hours. However, both expressed concern about reducing the time limit on using the comp time.
Chief Boren stated that even 6 months would hurt but he will make it work if that is the mandate. His primary concern is for investigators and his pilot.
Dr. Worsley sent a message that his major concern is with Parks Services when they are in tournament season. He can work with 6 months but anything less would be a big problem.
Although there are no direct financial considerations, it is anticipated that the revised policy will reduce the accrued liability and expense of employees banking large amounts of comp time that is then paid in cash at the time of termination or retirement. Comp time abuse can create unbudgeted expenditures and additional pension fund liability.
Projected Annual Fiscal Impact Statement
None except as noted in Financial Considerations.
Authorization of Council is required to amend personnel policy.
The Mayor, City Manager, Finance Director and Human Resources Director recommend the proposed amended policy.
Overtime/Compensatory Time 220-201
POLICY AND PROCEDURE
OVERTIME AND COMPENSATORY TIME POLICY
November 1, 1998 REVISION DATE: December 1, 2012
MAYOR CITY MANAGER
Confirmed by Council of The Columbus Consolidated Government, Ordinance No. ____ dated the 13
STATEMENT OF POLICY:
It is the general policy of the Columbus Consolidated Government that all work by non-exempt employees shall, as much as possible, be completed during the employee's normally scheduled work day or shift. In instances where a non-exempt employee must work hours in excess of the maximum permitted for his/her respective work period, prior approval of the immediate supervisor and/or Department Director must be obtained. The Columbus Consolidated Government will comply with the provisions of the Fair Labor Standards Act (FLSA) and other applicable federal and state regulations.
When conditions arise which, by the determination of the immediate supervisor and/or Department head, necessitate that non-exempt employees work overtime, employees will be expected to work such overtime as approved and assigned by their supervisor and/or Department Director.
This policy applies to all employees of the
Columbus Consolidated Government
It is the responsibility of the management and supervisory staff of the
Columbus Consolidated Government
to monitor the work schedules of employees under their supervision, to assure compliance with the provisions of this policy, to approve overtime/comp time by non-exempt staff only when necessary and when funds are available, to assign overtime/comp time equitably and to maintain records of overtime and compensatory time assigned.
It is the responsibility of employees to adhere to all policy requirements regarding overtime and compensatory time off.
1. Notice -
When Overtime is required, supervisors will provide employees with as much advance notice as possible.
2. Exempt Staff -
Exempt employees (i.e., employees who qualify for an exemption from FLSA overtime provisions because they meet the test of executive, administrative, or professional exclusion) are paid on a straight salary basis for their overall job responsibilities rather than actual hours worked. Thus, any additional hours worked by exempt employees will be without additional pay, in accordance with federal FLSA regulations. Exempt employees may not earn comp time and “comp time” hours are not to be recorded as such. Any time off granted to exempt employees may be given at the discretion of the respective Department Director through use of flexible scheduling upon careful consideration of the amount and nature of the extra hours worked.
exempt Staff -
Non-exempt, non-public safety employees (i.e., those who are scheduled to work 40 hours during a seven-day work period) will be paid at their regular straight time hourly rate of pay for all hours actually worked up to and including the 40
hour in each seven-day work period (12:01 a.m. Saturday through 12:00 midnight the following Friday). For all hours actually worked in excess of 40 hours in each seven-day workweek, non-exempt, 40-hour per week employees will either receive overtime pay at the rate of time-and-one-half their regular hourly rate of pay or they will receive compensatory time off at a rate of time-and-one-half hours off for each overtime hour worked.
When a non-exempt, non-public safety employee actually works on a holiday the employee is paid for the actual hours worked, plus his/her normal holiday pay (8 hours at straight time).
Overtime remains payable after 40 hours worked, including the time
on the holiday.
- Compensatory time off may be granted upon mutual understanding of the employee and the supervisor and/or Department Director before the actual overtime hours are worked. A Compensatory Time Off Agreement form (which follows this policy and procedure) must be signed by the employee prior to the working of overtime that will be paid as comp time and placed in the employee's file.
Employee consent is not required for compensatory time off (schedule adjustments) within the seven-day workweek and is given on a straight time basis. Comp time is to be reported to Human Resources on an approved form signed by the employee’s supervisor and department head or designee.
- Non-exempt, law enforcement, fire protection or emergency medical employees who are scheduled to work assigned shifts during either a 28-day/171 hour work period* (law enforcement) or a 21-day/159 hour work period* (fire protection/emergency medical) will be paid their regular straight time rate of pay for all hours actually worked up to and including the hours specified in the applicable designated work period.* For all hours worked in excess of those specified in the designated work period,* non-exempt, law enforcement and fire protection/emergency medical employees will either receive overtime pay at the rate of time-and-one-half their regular rate of pay or they will receive compensatory time off at a rate of time-and-one-half hours off for each overtime hour worked.
- Compensatory time off will only be granted upon mutual understanding of the employee and the supervisor and/or Department Director before the actual overtime hours are worked. A Compensatory Time Off Agreement form (which follows this policy and procedure) must be signed the employee prior to the working of overtime and placed in the employee's personnel file.
Employee consent is not required for compensatory time off (schedule adjustments) within the 28-day work period for law enforcement personnel or 21-day work period for fire protection personnel and is given on a straight time basis. . Comp time is to be reported to Human Resources on an approved form signed by the employee’s supervisor and department head or designee.
Special rules apply for non-exempt
fire protection/emergency medical
shift personnel with respect to variable duty cycles, "short pay" periods, shift differentials, training time, court time, and holidays. For a complete explanation of these rules, employees affected should consult the Human Resources Department.
Other Non-exempt Public
Employees of the Columbus Consolidated Government assigned to Police, Fire, EMS, 911, Sheriff's Department, Marshal
s Office or Muscogee County Prison working standard 40 hour schedules or public safety support personnel (e.g., receptionists, operators, secretarial/clerical, etc) are governed by the non-public safety Columbus Consolidated Government policies and FLSA regulations as delineated in this policy.
6. Compensatory Time Guidelines and Legal Restrictions for Non-exempt Staff
- The Columbus Consolidated Government for budgetary and employee considerations discourages the use of overtime. The payment of overtime dollars can be minimized by granting compensatory time equal to one and one half hours for each hour worked (legal requirement). Other requirements are:
An agreement or understanding with the employee as to whether comp time or overtime dollars will be approved.
Comp time accumulated and used is to be reported and logged into the GHRS and time recording systems in the same manner as sick and annual leave. Off line records in the departments are not permitted.
The maximum number of comp time hours that may be accumulated in an employee's comp time "bank" at any particular time is limited by the FLSA. The limits are 480 hours for public safety, emergency response, and seasonal employees, and 240 hours for non-public safety employees. Overtime hours worked in excess of the maximum accumulation must be paid at time and one-half.
The employee has the right to request the use of accumulated comp time. The supervisor and/or Department Director must schedule the use of comp time within two weeks following the employee’s request to take time off unless the operation of the department would be unduly disrupted by the employee’s absence from work. City policy requires the use of comp time within 6 months of the date incurred unless approved by Human Resources and the City Manager.
IT will generate and forward to the HR Director an excess comp time report whenever employees accrue 100 hours of unused comp time. Departments with employees exceeding these limits must meet with the City Manager or Mayor and provide a written plan for reducing comp time for employees exceeding these limits.
The employee is entitled to receive cash compensation for unused accumulated comp time when employment is terminated. However, any compensatory time balance exceeding 40 hours will not be paid as a one-time payment and shall be scheduled and taken as paid time off prior to the official termination or retirement date.
Overtime/Compensatory Time 220-201
Compensatory Time Off Agreement
For Non-Exempt Columbus Consolidated Employees
In accordance with the Fair Labor Standards Act (FLSA), the Columbus Consolidated Government has a policy wherein non-exempt employees may be granted compensatory time off in lieu of pay for hours worked.
In compliance with the provisions of FLSA, I understand that compensatory time, when granted, will be given at a rate of time-and-one-half hours off for each overtime hour worked:
In excess of 40 hours per week for eligible non-exempt, non-public safety employees or
In excess of 171 hours per 28-day work period for eligible non-exempt Law Enforcement employees or
In excess of 159 hours per 21-day work period for eligible non-exempt Fire Protection employees.
I further understand that compensatory time may be limited, accrued, used, or cashed in consistent with the provisions of City policy (see policy no. 220-201) and applicable laws and regulations of the U.S. Department of Labor.
I agree to the provisions of time off as compensation for overtime worked and consent to the use of compensatory time in accordance with City policy. I also understand that this agreement shall continue in full force and effect until revoked, in writing by me or the City.
Employee Signature Date
Job Title Department/Division
Supervisor/Dept. Head Signature Date