PURPOSE
To encourage all agencies
to adopt a uniform compensatory time policy which complies with the
Fair Labor Standards Act, section 124.18 of the Ohio Revised Code
and Chapter 123:1-43 of the Ohio Administrative Code.
GENERAL
This directive applies
only to employees who are exempt from collective bargaining and are
overtime exempt pursuant to section 124.18 of the Revised Code and
the Fair Labor Standards Act. Compensatory time can be earned by {Insert
agency name} employees only for work hours which are immediately necessary
to the operation of the office. No compensatory time will be granted
for office work, which could have been completed during a standard
40 hour week. An overtime exempt employee who is required by an administrative
supervisor to be in an active pay status for more than 40 hours in
any calendar week, may accrue compensatory time. For purposes of this
directive, active pay status means the conditions under which an employee
is eligible to receive pay and includes sick leave. Use of compensatory
time is strictly at the discretion of the supervisor and requires
prior approval.
The following criteria
apply to the accrual and use of compensatory time:
1. Compensatory time accrues
on an hour-for-hour basis and may be accrued in no less than one-half
hour increments.
2. No compensatory time
can accrue during an employee's lunch hour or for work completed at
home.
3. Use of compensatory
time requires prior approval by a supervisor and must be taken at
a mutually convenient time. Compensatory time must be used in intervals
of no less than one-half hour.
4. Compensatory time use
must be documented on a leave form signed by the employee and the
employee's supervisor prior to leave being taken.
5. The maximum amount of
compensatory time, which an employee may accrue is 120 hours. Any
compensatory time accrued must be used within 13 pay periods (approximately
six months) after accrual.
6. Compensatory time balances
will be kept by the {Insert title}. A report of compensatory time
balances will be issued at the end of each month to each employee,
as well as the {Insert name of director's designee(s)}. Compensatory
time balances may be maintained and reported on the employee's pay
check stubs.
7. Cash payment for accrued
compensatory time is not permitted. Employees may not convert compensatory
time to any other form of leave. All compensatory time balances will
be forfeited upon termination of employment in the {Insert agency
name}. Compensatory time may not be used to extend an employee's date
of resignation or date of retirement. No compensatory time accrued
in another state department or agency will be transferable.
ENFORCEMENT
All agencies are responsible
for implementation and enforcement of this directive, and are responsible
for compliance with the Fair Labor Standards Act, Ohio Revised Code
and any applicable collective bargaining agreements. This directive
has been approved by Administrative Services pursuant to section 124.18
of the Revised Code and may be adopted by all agencies. No other directives
will be approved absent direction by the Governor's office.
This directive supersedes
any previously issued directive or policy and will remain effective
until canceled or superseded.
AUTHORITY & REFERENCE
ORC 124.18
OAC 123:1-45-01
OAC 123:1-43-01 through 123:1-43-02
OAC 123:1-32-07(G)