31 IAC 5-7-8 - Law enforcement

Current through December 29, 2021

Authority: IC 4-15-2.2-19

Affected: IC 4-15-2.2

Sec. 8.

(a) The appointing authority of an employee engaged in law enforcement activities (including security personnel in correctional institutions) may, with prior written approval of the director and state budget agency, elect to establish work periods and compensate overtime eligible employees in accordance with 29 U.S.C. 207(k) and 29 CFR Part 553 Subpart C, in lieu of section 2 of this rule.

(b) For overtime eligible police officers, whose employer elects this option and a work period of twenty-eight (28) consecutive days, the regular work schedule will be one hundred seventy (170) hours. Additional straight time shall be paid, or compensatory time off accrued, for compensable time in excess of the one hundred seventy (170) hours. Overtime compensation at a premium (time and one-half) (1 1/2) rate is due for hours worked in excess of one hundred seventy-one (171) hours, in the twenty-eight (28) day work period.

(c) For overtime eligible security personnel in correctional facilities, overtime compensation at the rate indicated below must be paid for all hours worked in excess of the following hours standard:

(1) If the department of correction elects this option and a work period of seven (7) consecutive days, the regular work schedule will be thirty-seven and one-half (37.5) hours. Additional straight time shall be paid, or compensatory time off accrued, for compensable time in excess of the thirty-seven and one-half (37.5) hours. Overtime compensation at a premium (time and one-half) (1 1/2) rate is due for hours worked in excess of forty-three (43) hours, in the seven (7) day work period.

(2) If the department of correction elects this option and a work period of fourteen (14) consecutive days, the regular work schedule will be seventy-five (75) hours. Additional straight time shall be paid, or compensatory time off accrued, for compensable time in excess of the seventy-five (75) hours. Overtime compensation at a premium (time and one-half) (1 1/2) rate is due for hours worked in excess of eighty-six (86) hours, in the fourteen (14) day work period.

Notes

31 IAC 5-7-8

State Personnel Department; 31 IAC 5-7-8; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA Readopted filed 6/1/2018, 9:50 a.m.: 20180627-IR-031180194RFA