Section 5:310

Educational Support Personnel

Compensatory Time-Off

This policy governs the use of compensatory time-off by employees who: (1) are covered by the overtime provisions of the Fair Labor Standards Act, 29 U.S.C. §201 et seq., and (2) are not represented by an exclusive bargaining representative.

Employees may be given 1 or 1.5 hours of compensatory time-off in lieu of cash payment for each hour of overtime worked (1 if overtime does not exceed 40 hours per week and 1.5 for hours beyond 40 per week).

The employee’s supervisor must approve a request to use compensatory time-off. Compensatory time-off should be used within two weeks of of earning such time. Exceptions may be granted by the immediate supervisor.

Upon termination of employment, an employee will be paid for unused compensatory time.

Compensatory time-off is time during which the employee is not working and is, therefore, not counted as “hours worked” for purposes of overtime compensation.

Implementation

The Superintendent or designee shall implement this policy in accordance with the FLSA. In the event of a conflict between the policy and the FLSA, the latter shall control.

LEGAL REFERENCE	Fair Labor Standards Act, 29 U.S.C. §201 et seq.; 29 C.F.R. Part 553.
CROSS REFERENCE	Section 5:35 (Compliance with the Fair Labor Standards Act) Section 5:185 (Family and Medical Leave) Section 5:270 (Employment At-Will, Compensation, and Assignment)
ADOPTED	February 2017