Policy 6.12

Overtime/Compensatory Time Off Under Certain Circumstances

1. Overtime/Compensatory Time

1. Eligible employees covered under the Fair Labor Standards Act ("FLSA") shall receive cash overtime, or compensatory time off in lieu of cash overtime, under certain circumstances as specified in the FLSA or the Code of Federal Regulations ("CFR"), for all hours worked in excess of forty (40) hours during a work week.

2. Employees who are exempt from coverage under the FLSA or the CFR are not eligible to accrue or take cash overtime or compensatory time.

3. All cash overtime or compensatory time shall be approved in writing by the appropriate administrator/ supervisor prior to the time being worked. Any employee who works overtime hours without obtaining authorization may be subject to disciplinary action.

4. It is the policy of the District to grant eligible employees the use of compensatory time earned in place of cash payment, as allowed by the FLSA and CFR.

5. For the purposes of cash overtime or compensatory time, the calculation of hours does not include paid leave, unless contrary to the terms of the applicable collective bargaining agreement, if any. Consistent with the FLSA and CFR, eligible employees must have actually worked and performed services on behalf of the District in excess of forty (40) hours during the course of a work week in order to be eligible to receive cash overtime or compensatory time off, unless contrary to the terms of the applicable collective bargaining agreement, if any.

6. Compensatory time will be administered through the District's Enterprise Resource Planning system. Time accrued and used by employees will be recorded and updated via the system's leave-management process. The human resources department shall keep the original, signed copy of the overtime agreement, and the administrator/supervisor shall keep a copy of the agreement and shall maintain and monitor records related to cash overtime and/or compensatory time granted and taken by an eligible employee in the ERP system. These records shall include, at minimum:

1. a copy of a District-approved form (overtime agreement) acknowledging awareness of this policy, which shall be signed by the eligible employee and retained by the appropriate administrator/ supervisor;

2. time records documenting that the employee worked a forty (40) hour work week;

3. time records of hours worked in excess of forty (40) hours; and

4. for cash overtime, payment reports of hours paid in excess of forty (40) hours; and

5. for compensatory time, leave reports of hours earned and taken.

2. Cash/Overtime.--Eligible employees who meet the standards listed in Section (1), who worked in excess of forty (40) hours during a work week, and who are not being granted compensatory time off, shall be compensated at the regular rate of one and one-half (1.5) hours for each hour worked over forty (40).If an employee is no longer employed by the District, the former employee shall be paid promptly for all accrued overtime remaining.

3. Compensatory Time Off

1. Compensatory time off shall be granted for eligible employees who meet the standards listed in Section 1 and who are not being compensated cash for overtime, by advance written agreement between the appropriate administrator/supervisor and an eligible employee, consistent with the terms of the applicable collective bargaining agreement, if any.

2. Compensatory time off, when granted, must be at the regular rate of one and one-half (1.5) hours for each hour of overtime worked. The administrator/supervisor shall allow the employee to take compensatory time off at a reasonable time, so long as such use does not unduly impact the operation of the school/department.

3. An employee may not accrue more than sixty (60) hours of compensatory time per year (from August 16 of a current year through August 15 of the following year) based on the product of 1.5 times a maximum of forty (40) overtime hours. Compensatory hours not used during this designated accrual period will be paid to the employee at his/her current rate of pay effective as of the last pay date in August. The payment will be made to the employee no later than the last pay date of September.

4. Employees who had in excess of sixty (60) compensatory hours already accrued on the day this Policy revision took effect (in the fall of 2006) will have to reduce their compensatory time below sixty (60) hours before they can accrue additional compensatory time.

5. Administrators/supervisors shall not require employees to work beyond the sixty (60) hour cap set forth in subsection (3)(c) above, unless the administrator/supervisor has available funds to pay overtime; in emergency circumstances all hours worked in excess of that cap must be paid out as overtime in the employee's next paycheck.

6. All accumulated compensatory time must be used before the effective date of any leave of absence without pay.

7. If an employee will be transferring to a new location/department/position or promoted from a non-exempt to an exempt position, the employee must use all accrued compensatory time off prior to the transfer or promotion; any compensatory hours not used prior to the transfer or promotion will be paid to the employee in the employee's next paycheck at the rate in effect at the time of payment.

4. Exempt employees, at the discretion of their department head, may be allowed to work a flexible schedule based on the needs and workload of the department. These employees who work a flexible schedule will continue to work an 80-hour (eighty-hour) work schedule during that pay period.

5. Collective Bargaining Agreements.-- If this Policy conflicts with the provisions of a collective bargaining agreement, the provisions of the collective bargaining agreement shall prevail.