ARTICLE 8 – OVERTIME
Overtime shall be defined as those hours which are worked by an employee in excess of forty (40) hours in one week. Holidays, vacation days, and days on jury duty or witness leave, and days on compensatory time off shall be included as hours worked for the purpose of determining overtime pay.
B. Compensation for Overtime
- Hours worked in excess of forty (40) hours worked in a workweek shall be compensated at one and one-half (1 ½) times an employee’s regular rate of pay.
- There shall be no compounding/pyramiding of overtime payments.
C. Campus Compensatory Time
- Overtime shall be compensated at the option of the employee, by pay or by compensatory time off at the appropriate rate.
- Compensatory time off shall be scheduled by the University and taken within the fiscal year it is earned. Employees may request use of compensatory time off. The compensatory time request must be made at least three (3) calendar days in advance of requested usage, where possible. An employee who has requested use of compensatory time off shall be permitted use of such time within a reasonable period after making the request, based on the operational needs of the University. Requests made with less than three (3) days’ advance notice may be granted at the discretion of the supervisor. Compensatory time off shall only be approved if no additional overtime by other unit members is required. If no response to the request is received within three (3) calendar days, the employee may elevate the request to the next level of management for consideration.
- Compensatory time off should be taken prior to July 1 of each year. All compensatory time in excess of forty (40) hours will be paid off on the next regularly scheduled pay period following July 1 of each year. No more than once per fiscal year, subject to University approval, employees may request on a case by case basis an emergency payout of all compensatory banked hours.
- Compensatory time off shall be paid at the employee’s rate of pay at the time compensatory time is taken. In no event will an employee be allowed to accrue more than one hundred and twenty (120) hours of compensatory time. Each employee shall have a revolving bank of compensatory time not to exceed one hundred and twenty (120) hours. Should an employee’s compensatory bank reach the maximum of one hundred and twenty (120) hours, the employee will be paid for all hours of premium overtime over one hundred and twenty (120) hours. Any hours over forty (40) hours remaining in the compensatory bank on July 1 of each year shall be paid. When an employee is employed at more than one rate of pay, overtime earned at the time and one-half (1 ½) rate may be calculated based on the employee’s weighted average hourly rate.
- When an employee is required to work unscheduled overtime in excess of three (3) hours past his/her normal workday, he/she may be reimbursed up to seven dollars and fifty cents ($7.50) for a meal when requested, unless a meal is provided. An employee who works scheduled overtime or who is called back to work is not eligible for a meal allowance.
- Upon separation from employment, employees will be paid for all accrued compensatory time at their rate of pay at the time of separation or at the employee’s average rate of pay for the last three (3) years of employment, whichever is higher.
D. Medical Center Compensation for Overtime
- At the sole discretion of the University, overtime shall be compensated at the appropriate rate either by pay or by time off in accordance with this section.
- Unless the University elects to compensate an employee with compensatory time off, overtime will be paid. After the completion of an overtime assignment, an employee may make a request for compensatory time off in lieu of pay with his/her immediate supervisor. The supervisor shall consider the request and inform the employee of his/her decision.
- Accumulation of compensatory time is limited to no more than forty (40) hours. An employee shall be paid for hours of overtime which exceed this limit.
- Once the University has approved an employee’s request to schedule compensatory time, the University shall not unreasonably rescind such approval.
E. Overtime Scheduling
As soon as practicable after the University decides upon the need for overtime or additional work, the University shall notify the employees(s) it selects that additional hours must be worked beyond his/her regularly assigned shift. An employee may be permitted to decline such assignments under special circumstances. However, wherever it is necessary to meet the operational requirements of the University, the University shall have the right to require the performance of such work including requiring employees to remain at work after conclusion of their shift. The University will assign the overtime assignment to the employee who has worked the least amount of overtime whenever practicable. If there is more than one employee with the least amount of overtime, the least senior employee will be assigned overtime. If an employee is ordered to work additional hours beyond their assigned shift and if the employee has received less than twenty-four (24) hours advance notice, the employee shall be paid at the rate of one and one-half (1 1/2) times the regular hourly rate of pay for any such hours worked.
Based upon the employees’ ability to perform the work, the University shall attempt to evenly distribute overtime among employees. The University shall post a monthly and year-to-date record of overtime distribution in each shop or work location.
Call back refers only to those instances when an employee is called back to work following (1) the end of his/her regular work shift and (2) after his/her departure from the work location; and (3) without prior notice or in those instances when prior notice is given but the employee’s work begins at least (3) hours after completion of the employee’s regular work schedule.
An employee who is called back to work, shall receive pay for four (4) hours or time actually worked, whichever is greater, at the appropriate rate.
An employee who is not scheduled to work during the campus winter holiday closure but is called back with less than five (5) working days’ notice shall receive pay for four (4) hours or time and one-half for hours actually worked, whichever is greater.
On-call is time during which an employee is not required to be at the work location or at the employee’s residence but is required to be available for return to work. On-call assignments shall first be made on a voluntary basis. A volunteer on-call list shall be established by job classification and work location. On-call assignments shall be made from the list in alphabetical order on a rotating basis. In the event that no one volunteers, the University shall assign on–call by job classification and work location on a rotational basis, in inverse seniority. An employee placed on-call shall be compensated, at the option of the employee, by two (2) hours of compensatory time off or pay for each weekday (Monday-Friday) on-call and by three (3) hours of compensatory time off or pay for each weekend day (Saturday or Sunday) or holiday on-call.
An employee who is called to work shall receive credit for a minimum of four (4) hours pay at one and one-half (1 ½) times the employee’s regular hourly rate.
H. Off-site/Non-Work time Work
When an appropriate administrator calls an employee during his/her non-scheduled work time to perform work which can be performed by phone or computer and the employee performs the work offsite, the employee will be paid for all time worked however shall be paid a minimum of thirty (30) minutes. The time reported must be rounded up to the nearest fifteen (15) minutes, in fifteen (15) minute increments. The call-back provision will not apply. The hour(s) worked shall count as hours worked for purposes of this Article.