Ohio Admin. Code 3335-83-06 - Compensatory time
An authorized administrative authority has the discretion to determine whether a non-exempt employee may elect to earn compensatory time in lieu of overtime pay. When offered the choice, a non-exempt employee may elect to earn compensatory time in lieu of overtime pay.
(A)
An authorized administrative authority may require a
non-exempt employee to designate whether they want to earn compensatory time or
overtime compensation prior to being approved to perform the work. When a
nonexempt employee designates compensatory time and works overtime, the
authorized administrative authority must approve the compensatory time
election.
(B)
Such compensatory time shall be granted by the
authorized administrative authority on a time and one-half basis and at a time
mutually agreed upon by the non-exempt employee and the authorized
administrative authority.
(C)
A non-exempt employee may not maintain more than two
hundred forty hours of compensatory time. Earned compensatory time must be used
within three hundred sixty-five days from the day it was earned. Any earned
compensatory time that is not used within three hundred sixty-five days will be
paid out on a regular paycheck.
(D)
A non-exempt
employee who reaches the maximum two hundred forty accrued hours of
compensatory time will be paid for any hours that exceed that maximum in the
pay period following the pay period in which the maximum was
reached.
(E)
Unused compensatory time will be paid at the employee's
current base hourly rate of pay in the following circumstances:
(1)
If not taken
within three hundred sixty-five days of being earned; or
(2)
Upon job
transfer, in which case the unit from which the employee is transferring holds
the financial responsibility for the pay out to the employee;
or
(3)
Upon moving from a non-exempt position to an exempt
position; or
(4)
Upon separation from employment.
Replaces: 3335-83-06
Notes
Promulgated Under: 111.15
Statutory Authority: RC 3335
Rule Amplifies: RC 3335.08
Prior Effective Dates: 06/14/1982, 06/22/1997, 06/01/2011
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