Ohio Administrative Code › Title 3339 - Miami University › Chapter 3339-20 - Civil Service Appointments › Section 3339-20-08 - Holidays, standard work week, overtime pay, and compensatory time

Current through all regulations passed and filed through July 1, 2024
(A) Definitions.
For the purposes of this rule only, full-time employee is
				defined as one whose regularly scheduled hours of duty total forty in a work
				week. Part-time employee is defined as one whose regular scheduled hours of
				duty is less than forty in a work week.
(B) Holidays.
University holidays shall be as follows: New Year's day, Martin
				Luther King Jr. day, President's day, Memorial day, Juneteenth, Independence day, Labor day, Columbus day,
				Veterans day, Thanksgiving day, Christmas day and any day appointed and
				recommended by the governor of Ohio or the president of the United States.
				Employees shall be paid for these holidays as specified in the rules
				herein.
The university may elect to observe the following holidays on
				days other than observed by the rest of the state: President's day, Columbus
				day, and Veterans day. If any of the holidays declared in this rule falls on
				Saturday or Sunday, the university shall designate either the preceding Friday
				or the following Monday as the day that the holiday is observed.
When an employee works on the day observed as a holiday, the
				employee shall be entitled to pay for such time worked at one and one-half
				times the employee's regular rate of pay in addition to the employee's holiday
				pay, or to be granted compensatory time off at time and one-half thereafter, at
				the employee's option. Payment at such rate shall be excluded in the
				calculation of hours in active pay status for the purposes of calculating
				overtime.
Except as noted in the rule herein, a full-time employee is
				entitled to eight hours of pay for each holiday regardless of the employee's
				work shift and work schedule. Parttime employees shall receive holiday pay for
				the hours they normally would have been scheduled to work.
An employee who is scheduled to work on a holiday and who does
				not report to work the day before, the day of, or the day after the holiday due
				to an unexcused absence, shall not receive holiday pay as provided in the rule
				herein.
An employee also shall not be paid for a holiday unless the
				employee was in active pay status on the scheduled work day immediately
				preceding the holiday, except that an employee need not be in active pay status
				on that work day in order to be paid for the holiday if the employee is on
				furlough. An appointment into the classified service may not be made effective
				on a holiday unless the employee is scheduled to work on that day.
An employee may be required to work on a holiday if there is a
				business necessity. Since many important religious observances occur on days
				not designated as legal holidays, the university will reasonably accommodate
				requests for leaves of absence or vacation expressly for the purpose of
				engaging in religious observances.
An employee who reasonably believes that s/he was wrongfully
				denied a request for time off for religious observances must contact the
				department of human resources for resolution at least seven calendar days
				before the religious observance.
(C) Standard work week and overtime.
The standard work week will begin on Saturday and end on
				Friday. When any classified employee who is in active pay status more than
				forty hours in any work week, the employee shall be compensated for such time
				over forty hours, except as otherwise provided in this section, at one and
				one-half times the employee's regular rate of pay. Overtime will be calculated
				in compliance with the Fair Labor Standards Act. Such compensation for overtime
				work is normally paid at the conclusion of the pay period.
All overtime work must be pre-authorized. Employees who work
				over time without prior authorization from their supervisor may be subject to
				disciplinary action up to and including dismissal. Employees may be exempted
				from the payment of compensation as required by this section only under the
				criteria for exemption from the payment of overtime compensation established in
				the Federal Fair Labor Standards Act.
(D) Compensatory time.
If the employee elects to take compensatory time off in lieu of
				overtime pay for any overtime worked, such compensatory time shall be granted
				on a time and one-half basis. Employees may use compensatory time off at a time
				mutually convenient to the employee and the university. Compensatory time is
				not available for use until the week following being earned.
An employee may accrue compensatory time to a maximum of two
				hundred forty hours, except that public safety employees and other employees
				who meet the criteria established in the Federal Fair Labor Standards Act may
				accrue a maximum of four hundred eighty hours of compensatory time. An employee
				shall be paid at the employee's regular rate of pay for any hours of
				compensatory time accrued in excess of these maximum amounts or if a change in
				the employee's status exempts the employee from the payment of overtime
				compensation. Upon the termination of employment, any employee with accrued but
				unused compensatory time shall be paid for that time at a rate that is the
				greater of the employee's final regular rate of pay or the employee's average
				regular rate of pay during the employee's last three years of employment with
				the state.