Ohio Administrative Code › Title 3339 - Miami University › Chapter 3339-4 - Leave of Absence for Unclassified Administrative Staff › Section 3339-4-01 - Compensation-wages/overtime/compensatory time for unclassified administrative staff

Current through all regulations passed and filed through July 1, 2024
(A)
								Determining eligibility
Full-time unclassified administrative
				staff are expected to work at least forty hours per week and may need to work
				more than forty hours per week to fulfill their employment responsibilities.
				The fair labor standards act (FLSA) requires the university to pay some
				unclassified staff overtime pay in the amount of one and one-half times the
				employee's regular pay rate for all hours worked over forty hours in a workweek
				or to provide them with compensatory time off The university workweek begins
				at
									one second after twelve a.m. on Saturday and ends at
									twelve p.m.
				midnight on Friday. The positions that are covered by FLSA overtime regulations
				are called "non-exempt" or "overtime eligible."
Salaried positions that meet certain
				criteria are exempt from the FLSA's overtime requirements. Unclassified
				administrative staff in overtime exempt positions are not eligible for and do
				not receive overtime payment or compensatory time off The FLSA overtime
				eligibility status of a position is established at the time it is created and
				may be reviewed if the duties or pay changes.
The department of human resources and
				academic personnel services are responsible for determining the overtime
				eligibility status for all positions.
(B)
								Reporting time
			 worked
All overtime-eligible employees are
				required to maintain accurate records of time worked. The university uses an
				electronic time-reporting system, and overtime-eligible employees are required
				to use this system unless a different method is approved in writing by the
				appropriate personnel office. All overtime-eligible employees are paid on the
				university's bi-weekly payroll.
Any employee who falsifies a time
				record is subject to disciplinary action, up to and including termination of
				employment. Supervisors are responsible for reviewing, approving, and
				correcting reported time and for ensuring that all records are current and
				accurate. Supervisors are required to communicate any changes to the employee
				in writing or have a written request from the employee to change the time
				record.
(C)
								Working overtime
Overtime-eligible employees must obtain
				approval from their supervisor to work more than forty hours in any workweek.
				Overtime-eligible employees will be paid for all hours worked whether overtime
				has been approved or not. However, employees who work overtime hours without
				their supervisor's approval are subject to disciplinary action, up to and
				including termination of employment.
(D)
								Overtime
			 pay
Overtime-eligible employees will be
				paid one and one-half times their regular pay rate for hours worked in excess
				of forty in a workweek. Paid time that is not actually worked, including (but
				not limited to) vacation, sick leave, and holidays, does not apply toward the
				calculation of overtime.
An overtime-eligible employee who works
				in more than one appointment to achieve full-time status during a workweek will
				have the hours worked in all positions combined to calculate the total hours
				worked. Overtime-eligible employees with a full-time appointment may not have
				an additional appointment.
No employee is eligible for overtime or
				compensatory time unless the employee actually works in excess of forty hours
				per workweek.
Some divisions are not funded for or do
				not have sufficient funds to pay for all needed overtime work. As a result some
				divisions and departments have adopted mandatory compensatory time policies. In
				all other divisions and departments, overtime work that is needed but not
				funded may be offered to-but not required of-an employee, contingent on the
				employee's willingness to accept compensatory time instead of overtime payment.
				Overtime accepted on a contingent basis must be documented in writing using the
				contingent overtime agreement template.
(E)
								Compensatory
			 time
It is university policy that all
				overtime eligible unclassified employees in the division of intercollegiate
				athletics, recreational sports center and goggin ice arena receive compensatory
				time off instead of overtime payment. In all other divisions, an employee may
				elect to receive compensatory time instead of overtime payment. Compensatory
				time is earned at the rate of one one and one half hours of compensatory time
				for each overtime hour worked. Compensatory time is tracked in the university's
				time-reporting system.
Employees may accumulate up to two
				-hundred forty hours of compensatory time. The two- hundred forty hour limit
				represents one hundred- sixty hours of actual overtime worked. If an employee
				has an accrued balance of two hundred forty hours of compensatory time, the
				employee cannot earn more compensatory time and the university will pay
				overtime for the additional overtime hours worked.
Compensatory time must be earned before
				it is taken and may be used at the discretion of the employee, subject to the
				supervisor's approval. The supervisor may not deny the request to use
				compensatory time unless it would unduly disrupt operations. Compensatory time
				should be taken in one-half day (four hour) increments. A supervisor may
				require employees to take compensatory time off to reduce compensatory time
				balances unless doing so would cause the employee to forfeit vacation accrual.
				Supervisors should give as much advance notice as possible to employees when
				requiring the use of compensatory time.
For the purpose of computing overtime,
				compensatory time, when taken, is not counted as hours worked.