I.  Purpose

In conformity with the State System of Higher Education Management Performance and Reward Program, institute a policy which recognizes work beyond the normal work schedule for managers classified as exempt (employees not covered by a collective bargaining agreement) under the Fair Labor Standards Act (FLSA).

II.  Objectives

III.  Policy

Management employees are classified as exempt employees under the Fair Labor Standards Act (FLSA) and as such are exempt from the payment of premium overtime compensation.

The weekly work schedule of managers shall normally consist of thirty-seven and one-half (37.5) hours.  However, it is understood that circumstances may dictate that additional periods of work is required.  No additional compensation shall be provided unless the work requires more than forty (40) hours in a calendar week for employees in specific management categories.

Compensation for Work Beyond the Normal Work Schedule

Scheduled overtime work beyond 37.5 hours in a work week may be required from time-to-time in support of System and university operations.  Only the president, provost, and vice presidents have the authority to approve compensation for work beyond 40 hours through either time off at the straight-time rate (or fraction thereof) or straight-time (or fraction thereof) monetary payment.  Time off shall be the first consideration and normal method of compensation.  Although overtime payment in the form of time off at the straight-time rate (or fraction thereof) should be the first choice, straight-time rate (or fraction thereof) monetary payment is approved in those situations where the manager is not in control of his/her work schedule and is working so much overtime that time off from work is not an option.  Managers who schedule their own overtime work may not be compensation .

Approved compensation for work beyond forty hours in a work week is typically for managers in the operational leadership/professional and management support staff levels of contribution.  Tactical leadership/senior professional positions may be eligible in rare and exceptional circumstances, such as a campus emergency.  The Office of the Chancellor must be consulted in situations when a university is considering making tactical leadership/senior professional positions eligible for overtime.  Strategic leadership and executive positions are not eligible.

The Office of the Chancellor will periodically conduct audits of time off and/or monetary payments made to managers for working beyond the normal work schedule.  Non-compliance with the provisions of this policy may result in the rescission of university's authority to approve payment.  While paid overtime should clearly be the exception, not the rule, the authorization for compensation for work beyond the normal schedule is consistent with and supported by Commonwealth policy and the Fair Standards Act.

The record-keeping of compensatory time accumulated and used will be the responsibility of the individual manager and approving authority (president, provost, or vice president).  Compensatory leave must be submitted on a "Request for Leave" slip to the Human Resources Office.  All compensatory time must be used within 60 working days following the overtime worked on dates mutually agreed upon by the immediate supervisor and the management employee.  If the supervisor is unable to grant the compensatory leave within the initial time frame, an additional thirty-day extension may be granted by the approving authority.

Compensatory time not taken by a manager prior to separation from the university shall not be reimbursed.  It is encouraged when feasible, that any compensatory time accumulated be scheduled for usage prior to separation.