Agenda Item #
Columbus Consolidated Government
Council Meeting
November 13, 2012
Agenda Report #
TO: Mayor and Council
SUBJECT: Revised Overtime and Compensatory Time Policy
INITIATED: Mayor, City Manager and Human Resources Department
________________________________________________________________________________
____________________
Recommendation: Approve an ordinance adopting amended Human Resources Policy
Number 220-201, Overtime and Compensatory Time Policy.
Background: On September 22, 1998 the Council adopted Ordinance No.
98-91creating the existing Overtime and Compensatory Time Policy.
Analysis: 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.
Financial Considerations: 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.
Legal: Authorization of Council is required to amend personnel policy.
Recommendation/Actions: The Mayor, City Manager, Finance Director and Human
Resources Director recommend the proposed amended policy.
Overtime/Compensatory Time 220-201
POLICY AND PROCEDURE
POLICY NUMBER: 220-201
POLICY TITLE: OVERTIME AND COMPENSATORY TIME POLICY
EFFECTIVE DATE: November 1, 1998 REVISION DATE: December 1, 2012
APPROVED BY: ____
____
MAYOR CITY MANAGER
Confirmed by Council of The Columbus Consolidated Government, Ordinance No.
____ dated the 13TH day of November ,2012.
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.
SCOPE:
This policy applies to all employees of the Columbus Consolidated Government.
RESPONSIBILITY:
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.
PROCEDURE
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.
3. Non-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 40th 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.
Holidays - 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 worked on the holiday.
Comp Time - 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.
4. Non-Exempt Public Safety Employees - 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.
Comp Time - 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 law enforcement and 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.
5. Other Non-exempt Public Safety - 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
Attachments
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