PURPOSE
The purpose of this directive
is to establish a uniform policy and guidelines related to compensation
for employee travel and training, and to establish uniform guidelines
related to the accrual of frequent flier miles by state officials
and state employees while traveling on official state business.
OVERTIME COMPENSATION POLICY
FOR OUT-OF-TOWN TRAVEL/TRAINING PROGRAMS
General
"Working time"
is generally compensable time. The principles which apply in determining
whether time spent in travel is "working time" depend upon
the kind of travel. Travel time as a passenger on an airplane, train,
boat, bus or automobile outside of regular working hours is not considered
work time and is not compensable. Thus, evening travel policies, which
require, when possible, employees to travel after their regularly
scheduled workday are recommended.
An overtime eligible employee
who travels away from home on state business must be paid for time
spent in travel (except meal periods) during their normal working
hours on their regular working days, as well as their non-working
days, such as Saturday, Sunday and holidays. Only the actual time
spent in travel away from home during normal working hours is compensable.
Note: Any actual work the
employee does while traveling outside of regular working hours is
compensable work time. Such work should be pre-approved if it will
result in overtime work. If an employee drives a car without being
offered public transportation, that travel is compensable as work
and that employee is entitled to overtime compensation for any hours
traveled in excess of 40 hours in a calendar week, regardless if the
travel was after regularly scheduled work hours. Any overtime eligible
employee who works or has compensable travel time in excess of 40
hours in any calendar week should be compensated in accordance with
Directive No. 00-07, Overtime Compensation.
Conference, Training and
Meetings
An overtime eligible employee
attending a conference, meeting or training is working and is entitled
to overtime compensation for any time spent in excess of 40 hours
in a calendar week attending such programs provided attendance is
required by the employing agency, or the employee believes that non-attendance
will prejudice working conditions or employment standing.
Generally, time spent in
training and meetings is not compensable provided all of the following
are met:
1. Attendance is outside
the employee's regular working hours.
2. Attendance is truly voluntary.
3. The employee does not perform productive work to benefit the agency
while attending.
4. The training or meeting is not directly related to the employee's
job.
Special Situations
If an employee, on his
or her own initiative, attends school, college or training after hours,
the time is not hours worked even if the courses are job related.
Time spent in attending
lectures, training sessions and courses in instruction is not hours
worked when an employer has established for the benefit of the employee
a program that permits voluntary attendance outside normal working
hours (e.g., tuition reimbursement programs).
The above compensation
policy for out-of-town travel and training of overtime eligible state
employees is adopted in compliance with selected regulations of the
Fair Labor Standards Act, 29 CFR section 785, subpart C. Consult your
labor agreement for any variations.
TRAVEL/TRAINING POLICY
FOR OVERTIME EXEMPT EMPLOYEES
Overtime exempt employees
are not subject to overtime provisions of the Fair Labor Standards
Act. Such employees need not be paid overtime, but are generally granted
compensatory time in accordance with Directive 00-06, Compensatory
Time. Travel/training compensation policies for overtime exempt employees
may mirror the policy established for overtime eligible employees,
except that overtime exempt employees shall be granted compensatory
time on an hour-for-hour basis and shall not be entitled to overtime
compensation.
Agencies may also adopt
an out-of-town travel/training compensation policy for overtime exempt
employees that limits or restricts the accrual of compensatory time
during the time spent in travel and/or training. Such employees would
only receive compensatory time for office work, or work performed
other than travel/training, which is in excess of 40 hours in a calendar
week.
Lectures, Meetings and
Training Programs
Overtime exempt employees
are often not required to attend training, but frequently request
permission to voluntarily attend lectures, seminars, meetings, training
programs and similar activities. Attendance under these circumstances
need not be counted as working time and such employees would not automatically
accrue compensatory time for time spent attending and traveling to
such programs. Even if attendance is required by the employing agency,
the agency in accordance with its compensatory time policy, may determine
whether time spent in travel/training can accrue compensatory time.
Thus, two employees from
the same agency may be required to attend a weekend or after-hours
training program. The overtime eligible employee would be entitled
to overtime compensation for any time (worked) in attendance in excess
of 40 hours in a calendar week. On the other hand, the overtime exempt
employee's right to compensatory time would depend upon the agency
compensation policy for overtime exempt employees.
FREQUENT FLIER MILES POLICY
General
The Ohio Ethics Commission
issued Advisory Opinion 91-010 which prohibits the personal use of
any frequent flier miles earned during travel on official state business.
The purpose of this directive is establish uniform guidelines related
to the accrual and use of frequent flier miles to reduce the cost
of travel by state officials and employees while conducting official
state business. Each department, office, board, commission or agency
is encouraged to establish a policy, which governs the accrual and
use of frequent flier miles for the benefit of that department, office,
board, commission or agency.
Guidelines
This directive provides
the general guidelines, which should be considered by a department,
office, board, commission or agency when establishing a policy for
the accrual of employee frequent flier miles while traveling on official
state business. The personal use of frequent flier miles or other
promotional benefits earned while traveling on official state business
is strictly prohibited.
1. All frequent flier miles
and other promotional benefits should be used for the purpose of conducting
subsequent official state business by the recipient of the frequent
flier miles. The recipient of frequent flier miles may redeem accrued
frequent flier benefits for travel on official state business by the
recipient or, when possible, for travel on official state business
by another state official or employee.
2. Reservations should
be placed with a competitively priced carrier for the contemplated
state travel without regard to the availability of a frequent flier
program. The state official or employee may apply for and accrue frequent
flier miles with that carrier if a frequent flier program is offered
by the carrier and enrollment is warranted by sufficient travel or
other agency policy.
3. Recipients of frequent
flier miles are responsible for notifying their agency about their
enrollment in a frequent flier program. Enrollment in a frequent flier
program may be contingent upon sufficient travel to justify the enrollment.
As a general rule, the state official or state employee should consider
enrollment in a frequent flier program only if the individual expects
to travel three or more times per year by means of a commercial air
carrier.
4. Frequent flier benefits
may not be used to upgrade travel accommodations or to upgrade hotel
accommodations.
5. Each recipient of frequent
flier miles is responsible for maintaining records that clearly segregate
frequent flier miles earned while on official state business from
frequent flier miles earned through personal travel with each respective
carrier. Such records should contain sufficient detail to clearly
segregate the accrual of both types of frequent flier benefits. The
receipt of frequent flier miles should be reported in established
intervals to the individual designated by each agency's policy on
frequent flier miles, unless the agency policy authorizes the individual
traveler to maintain personal records of frequent flier miles accrued
and used. Each agency is responsible for the enforcement of its own
policy.
Since frequent flier miles
cannot generally be transferred to the state agency, all frequent
flier miles which were earned while traveling on official state business
should be surrendered or forfeited upon termination of employment
with the state of Ohio. The frequent flier miles may be surrendered
by notifying the respective carrier in writing upon the termination
of employment with the state of Ohio.
This directive supersedes
any previously issued directive or policy and will remain effective
until canceled or superseded.
AUTHORITY & REFERENCE
29 CFR §785 Subpart
C
29 CFR §785.27-41
ORC 124.18
ORC 125.02
Frequent Flier Miles
Annual Reporting Form
January
1, ______, through December 31, ______
Carrier: ________________________________________
Account No. _____________________________________
Beginning Miles (January 1) ________________________
Miles Accrued ___________________________________
Miles Used ______________________________________
Ending Miles (December 31)_________________________
Carrier: _________________________________________
Account No. ______________________________________
Beginning Miles (January 1) __________________________
Miles Accrued ____________________________________
Miles Used _______________________________________
Ending Miles (December 31) __________________________
I certify that the above information is correct to the best of my
knowledge and belief.
Signature: ____________________________________________
Date: ________________________________________________
Note: This report should be filed at the end of each calendar year
with the agency's chief fiscal officer.