Current through Register Vol. 40, No. 6, March 31, 2022
Notwithstanding any departmental policy to the contrary, it shall be the policy
of the State of Alabama to use compensatory time, rather than paid overtime to
compensate employees subject to the provisions of the Fair Labor Standards Act
for performing overtime work. Departmental overtime policies contrary to the
overall state policy must be approved by the State Personnel Board. Approval by
the State Personnel Board may be made in those cases where compelling reasons
are cited by the appointing authority. Overtime, overtime compensation, and
compensatory time are defined by the terms as used in the Fair Labor Standards
(2) Payment for Accumulated
Compensatory Time Upon Separation from State Service. Upon separation from
state service a nonexempt employee, as defined by the Fair Labor Standards Act,
is entitled to be paid for accumulated compensatory time. Employees other than
persons designated as law enforcement officers by the Code of Alabama and
persons designated as seasonal workers by the State Personnel Department are
entitled to be paid for accumulated compensatory time earned but in no event
for an amount greater than 240 hours. Those persons defined as law enforcement
officers or seasonal employees are entitled to payment for earned accumulated
compensatory time upon separation from state service but in no event an amount
greater than 480 hours. Under no circumstance shall FLSA exempt employees be
entitled to compensatory time or paid overtime without the approval of the
Board. Any employee found to violate this rule may be liable for the repayment
of the time improperly credited or paid.
(3) Accumulated compensatory time obligations
are not transferable from department to department. Any accumulated
compensatory time obligation must be liquidated by the department in which the
obligation was incurred, prior to the transfer.
(4) Exempt employees, as defined by the Fair
Labor Standards Act, are not entitled to compensatory time, unless specified by
law or approved by the Board.
Use of Compensatory Time. Accumulated compensatory time shall be used before
annual leave is used. Supervisors may require employees to use compensatory
time. However, compensatory time may not be granted in order for an employee to
engage in any other employment during his scheduled working hours.
Ala. Admin. Code r. 670-X-11-.07
Filed March 19, 1986. Emergency
Rule: Filed March 19, 1986.
Administrative Monthly Volume XXXIII, Issue No. 08, May 29, 2015,
Code of Ala.