Ohio Administrative Code › Title 3359 - University of Akron › Chapter 3359-26 - General Staff Information, Policy and Procedures › Section 3359-26-03 - Compensation

Current through all regulations passed and filed through July 1, 2024
(A)
								Overtime and compensatory time - Fair Labor Standards
			 Act.
(1)
									Although every effort should be made to keep hours worked
			 within the normal forty-hour week, overtime may be necessary. The Fair Labor
			 Standards Act (FLSA), amended in 1985, provides regulations for governing the
			 use of overtime and compensatory time. All overtime work must be approved by
			 the supervisor and reported on the employee's time record. Compensatory time
			 off must be taken at a time mutually convenient to both the employee and the
			 supervisor.
(2)
									In certain job classifications, or in certain
			 situations, overtime work or work before/after the regular shift may be
			 mandatory. If the supervisor requests that the employee work overtime, the
			 employee is expected to comply.
(a)
										Guidelines for overtime pay.
(i)
											FLSA and section
			 124.18 of the Revised Code
			 specify that a non-exempt employee is entitled to overtime pay at the rate of
			 one and one-half the normal rate of pay for the authorized hours in an active
			 pay status that are in excess of forty hours per week. The use of sick leave
			 shall not be considered to be active pay status for the purposes of earning
			 overtime.
(ii)
											All overtime work must be approved by the supervisor
			 and placed on the employee's time record.
(b)
										Guidelines for
			 accumulation and use of compensatory time.
(i)
											FLSA and section
			 124.18 of the Revised Code
			 specify that a non-exempt employee may use compensatory time off at the rate of
			 one and one-half hours for the authorized hours in an active pay status that
			 are in excess of forty hours per week. The use of sick leave shall not be
			 considered to be active pay status for puposes of earning compensatory
			 time.
(ii)
											All compensatory time earned and taken must be approved
			 by the supervisor and placed on the employee's time record. No retirement
			 system credit will be awarded for a day on which all hours reported and paid
			 are compensatory.
(iii)
											The total amount of compensatory time accrued may not
			 exceed two hundred forty hours; compensatory time should be utilized within one
			 hundred eighty calendar days of accrual. Police officers may accrue a maximum
			 of four hundred eighty hours of compensatory time. The supervisor and/or
			 department head signing the time record is responsible for monitoring the one
			 hundred eighty day and two hundred forty hour limits. In the event that accrued
			 compensatory time earned exceeds a total of two hundred forty hours, the
			 employee will be paid for the excess and the balance of the accrued
			 compensatory time earned will be reduced accordingly.
(iv)
											At the time of
			 resignation, retirement or termination, an employee will receive payment for
			 all accumulated compensatory time at the hourly rate of pay in effect at the
			 time of separation.
(v)
											If an employee is transferred or promoted to another
			 department within the university, all accrued compensatory time will be
			 transferred with the employee to the new department or the employee may request
			 payment of accrued unused compensatory time at the hourly rate in effect at the
			 time of transfer. The transfer or pay decision will be communicated to the
			 payroll department by memo initiated and signed by the employee and approved by
			 the department head.
(vi)
											A department may prescribe such additional requirements
			 for the accrual and utilization of compensatory time as are deemed appropriate
			 and necessary for the effective management of the unit; these may include
			 stipulations regarding the number of consecutive days on which compensatory
			 time may be used, the amount of notice necessary to request approval for the
			 use of compensatory time, etc.
(c)
										If an employee is
			 requested and/or required to work more than eight hours in a particular day,
			 such employee may be required to take equivalent time off within the same week.
			 This exchange/substitution procedure is considered "flexible time" and neither
			 overtime nor compensatory time provisions will apply unless the total hours in
			 an active pay status exceed forty in a particular
			 week.