31 IAC 5-7-6 - Compensatory time off

Current through March 30, 2022

Authority: IC 4-15-2.2-19

Affected: IC 4-15-2.2

Sec. 6.

Requirements for compensatory time off shall be as follows:

(1) Rate of accrual to include the following:

(A) Employees eligible for overtime compensation under section 3(1) of this rule may be granted compensatory time off in lieu of monetary payment for anticipated or earned overtime work for:

(i) overtime normally compensable under section 4(3) of this rule, compensatory time off shall be granted at a time and a half rate; and

(ii) additional hours of work other than overtime, that is, that which is normally compensable under section 4(2) or 5(2) of this rule, compensatory time off shall be granted at a straight-time rate.

(B) Employees eligible for overtime compensation under section 3(2) of this rule may be granted compensatory time off at a straight-time rate in lieu of monetary payment for anticipated or earned overtime work.

(C) Employees eligible for holiday compensation under 31 IAC 5-8-1 may be granted compensatory time off at a straight-time rate in lieu of monetary payment for anticipated or earned holiday work.

(2) Limitation on amount of accrual to include the following:

(A) Employees eligible for premium overtime compensation who are engaged in a public safety, emergency response, or seasonal activity may accrue not more than four hundred eighty (480) hours of compensatory time off.

(B) Employees eligible for overtime compensation under section 3(1) of this rule and who are engaged in any work other than that described in clause (A) may accrue not more than two hundred forty (240) hours of compensatory time off.

(C) Compensable hours worked in excess of the limits contained in this subdivision must be compensated monetarily with the regular payment of wages for the pay period in which the time was worked.

(3) Use of compensatory time off to include the following:

(A) Employees eligible for overtime compensation under section 3(1) of this rule shall be granted compensatory time off as follows:

(i) Unless otherwise approved by the director and state budget agency, all compensatory time off must be scheduled and taken off prior to the end of the calendar quarter succeeding the quarter in which the additional hours were worked.

(ii) An employee who has accrued compensatory time off authorized by this rule and who has requested the use of such compensatory time off shall be permitted to use such time within a reasonable period after making the request if the use of the compensatory time does not unduly disrupt the operations of the public agency.

(B) Employees eligible for overtime compensation under section 3(2) of this rule shall normally be given compensatory time off rather than monetary payment. If the needs of the service make the granting of compensatory time off impracticable, the appointing authority may request approval of the director and the state budget agency to compensate monetarily at the rate provided in section 4(1) of this rule.

(4) Monetary payment for accrued but unused compensatory time off to include the following:

(A) If monetary compensation is paid to an employee for accrued compensatory time off, such payment shall be at the regular rate earned by the employee at the time the employee receives such payment.

(B) An employee eligible for overtime compensation, by reason of section 3(1) of this rule, who has accrued compensatory time off as authorized by this section shall, upon termination of employment, be paid for the unused compensatory time off at the greater of the:

(i) average regular hourly rate received by the employee during the last three (3) years of the employee's employment; or

(ii) final regular hourly rate received by the employee.

Notes

31 IAC 5-7-6

State Personnel Department; 31 IAC 5-7-6; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA Readopted filed 6/1/2018, 9:50 a.m.: 20180627-IR-031180194RFA