4.17.5 State Compensatory Time

A. Purpose

The purpose of this policy is to provide for the administration of state compensatory time for eligible employees of The University of Texas at Tyler (UT Tyler). 

B. Authority/Persons Affected

Fair Labor Standards Act of 1938, as amended, 29 U.S.C. Sec. 201-219

Texas Government Code Sections 659.015-.016, 659.018, 659.022.023

Texas Government Code Sections 662.005(b); 662.007

HOP 4.15.8 Overtime for Non-Exempt Employees 

Persons affected: This policy applies to both exempt and non-exempt employees, as defined by the Fair Labor Standards Act of 1938, as amended (FLSA). It does not apply to faculty employees or those positions that require student status as a condition of employment.

C. Definitions

  1. Administrative and Professional Employee (A&P): An employee who serves at the pleasure of the President and is considered an at-will employee. The employee must meet one of the criteria listed below:
    1. Has primary responsibility for the management of multiple departments or operating units with the primary focus on strategic and tactical business planning and development, or 
    2. Has responsibility for the management and operation of a department or unit within a department and performs one or more of the following: development and administration of policies, programs and internal procedures; development and maintenance of fiscal systems and operations; strategic and tactical business planning and development; facilities planning; recruitment, supervision, and development of professional and support staff, or
    3. Performs duties solely or predominantly of a recognized profession and/or State licensed profession requiring an advanced degree such as lawyers, physicians, veterinarians, scientists and engineers, or d. Has primary responsibility for the creation, development, implementation and maintenance of programs relating to various significant institutional endeavors, or 
    4. holds a position such as that of a professional librarian, which is excluded by law from the Classified Service.
  2. Exempt Employees: An employee, who because of his/her position duties, is exempt from the overtime provisions of the Fair Labor Standards Act (FLSA).
  3. Benefits-Eligible Employee: An employee who is hired to work at least twenty (20) hours per week for four and one-half (4.5) months or longer.
  4. Classified Employee: An employee appointed to a position in the classified services under one of the official titles in the Classified Pay Plan. The first six (6) months of employment for a classified employee at UT Tyler is probationary (Regents’ Rules and Regulations, Series 30501).
  5. Fair Labor Standards Act (FLSA) of 1938: The federal legislation (29 U.S.C. §§ 201-219) that established overtime wage requirements and defined specific exempt occupations. 
  6. Non-Exempt Employees – An employee, who because of his/her position duties, is not exempt from the overtime provisions of the Fair Labor Standards Act (FLSA). Non-exempt employees must receive compensatory time off or overtime pay at a rate of time and one-half for any time worked in excess of 40 hours in a work week. 
  7. Standard Workweek – Regular business and staff work hours are 8:00am to 5:00pm Monday through Friday. All full-time employees are required to work 40 hours per calendar work week. The calendar work week at UT Tyler consists of a seven-day period starting on Monday at 12:01am and ending on the following Sunday at midnight.  

D. Policy and Procedures

UT Tyler permits eligible employees to earn and use state compensatory time in accordance with state law.

  1. Guidelines

    Place of Employment: Under State law, employees may not earn state compensatory time for work performed at any location other than the employee's regular or temporarily assigned place of employment. For state, compensatory time purposes, an employee's personal residence may not be considered to be their regular or temporary place of employment.

  2. Non Holiday State Compensatory Rules
    1. Accrual Rules - Before any classified employee works in excess of their regularly scheduled hours, he/she must receive approval from their supervisor.
      1. Full and Part Time (exempt) Employees - If during the UT Tyler standard workweek, the hours reported (hours worked + hours of paid leave + paid holiday) minus the hours designated to work are greater than the hours designated to work, the employee earns non-holiday state compensatory time on an hour for hour basis for all hours that exceed the hours designated to work
      2. Full and Part Time (non-exempt) Employees – 
        1. When an employee does not work more than forty (40) hours in a workweek but the number of hours worked plus the number of hours of holiday or other paid leave taken during the workweek exceeds forty (40) hours, the employee is entitled to compensatory time off at the rate of one hour off for each of the excess hours. 
        2. When an employee does work forty (40) or more hours in a workweek and in addition takes holiday or other paid leave during the workweek, the employee earns state compensatory time for the hours reported that exceed the hours actually worked.
        3. When an employee does not work more than forty (40) hours in a workweek and the number of hours worked plus the number of hours of holiday or other paid leave taken during the week does not exceed forty (40) hours, the employee may not accrue compensatory time for the week and therefore the employee must be paid for all hours recorded.

          Note: All overtime reported must be used in computing non-holiday state compensatory time whether management approval was obtained or not; however, employees could be subject to disciplinary action for working unauthorized overtime. 

    2. Usage Rules - Before an employee uses state compensatory time approval must be granted by his/her supervisor.  There is no limit to the number of state compensatory hours that may be used per calendar month.
  3. Holiday State Compensatory Time Rules
    1. Accrual Rules
      1. A benefits-eligible, FLSA exempt employee (whether full or part-time), who works on a holiday or a skeleton crew day, will be granted state compensatory time for the hours worked.
      2. A benefits-eligible, FLSA non-exempt, full-time employee, who works on a holiday or skeleton crew day, will be granted state compensatory time for the hours worked.
      3. A benefits-eligible, FLSA non-exempt, part-time employee who works on a holiday or skeleton crew day will earn state compensatory time and/or FLSA overtime, as applicable, only if he/she worked and took paid leave that exceeded forty (40) hours in that workweek. If he/she worked fewer than forty (40) hours in that workweek, he/she will be paid for hours worked on that holiday and/or skeleton crew day, and will be paid for the holiday time that they are entitled to, based upon their appointment, but will not accrue state compensatory time.
    2. Usage Rules - Before an employee uses state compensatory time, approval must be granted by the department management. There is no limit to the number of state compensatory hours that may be used per calendar month.
  4. Use or Lose for all State Compensatory Time
    1. Transfer of state compensatory time to another state agency is prohibited.
    2. State compensatory time must be used within twelve (12) months of the end of the workweek in which it was earned or it lapses.
    3. State compensatory time is retained when an employee is transferred within UT Tyler. 
    4. The estate of a deceased employee may not be paid for unused state compensatory time.
  5. Payment of State Compensatory Time
    1. Full and Part time (exempt) Employees - State compensatory time is not paid.
    2. Full and Part time (non-exempt) Employees - State compensatory time may be paid, if the employee previously requested to use the time but was denied because taking the time off would have been disruptive to the departmental needs of UT Tyler (e.g., teaching, research, business functions, or other critical activities).

E. Responsibilities

  1. Employee
    1. Obtains supervisor/management approval to both accrue and use state compensatory time.
    2. Promptly and accurately records, on a weekly time report, all time worked plus use of paid leave or paid holiday time and use of state compensatory time.
  2. Supervisor
    1. Reviews and approves the use of state compensatory time.
    2. Verified the employee has accurately recorded the use of the time on the time report.
    3. Signs the electronic or paper time report.
  3. Department
    1. Maintains the monthly Report of Vacation and Sick Leave of all employees who earn or use state compensatory time.
    2. Contacts the Office of Human Resources for questions regarding this policy.

F. Review

This policy shall be reviewed by Human Resources every five years or as legislation changes.

ORIGINALLY APPROVED:  02/2019