Utah Admin. Code R477-8-6 - Compensatory Time for FLSA Exempt Employees
(1) An FLSA
exempt employee may not work more than 80 hours in a pay period without
management approval. Compensatory time accrues when the employee works more
than 80 hours in a work period. Leave and holiday time taken within the work
period are not hours worked when calculating compensatory time. Management
shall compensate an FLSA exempt employee who works overtime by granting time
off. For each hour of overtime worked, an FLSA exempt employee accrues an hour
of compensatory time.
(2)
Management shall establish in written policy a uniform overtime year either for
the agency as a whole or by unit number and communicate it to employees.
Overtime years shall be set at one of the following pay periods: Five, Ten,
Fifteen, Twenty, or the last pay period of the calendar year. If management
fails to establish a uniform overtime year, the DHRM Division Director and the
Director of Finance, Department of Government Operations, will establish the
date for the agency as the last pay period of the calendar year. Management may
change the established overtime year for the following calendar year by
notifying DHRM of the change by December 31 of the current year. Management may
not change the pay period during the current overtime year unless justifiable
reasons exist and the DHRM Division Director has granted a written exception.
(a) The limit on compensatory time accrued by
an FLSA exempt employee may not be less than 80 hours.
(b) Any compensatory time earned by an FLSA
exempt employee over the limit shall be paid out in the pay period it is
earned.
(c) Any compensatory time
earned by an FLSA exempt employee is not an entitlement, a benefit, nor a
vested right.
(d) Any compensatory
time earned by an FLSA exempt employee shall lapse upon occurrence of any one
of the following events:
(i) at the end of the
employee's established overtime year;
(ii) upon assignment to another
agency;
(iii) change in FLSA status
to non-exempt;
(iv) change from a
benefited to a non-benefited position; or
(v) when an employee terminates, retires, or
otherwise does not return to work before the end of the overtime
year.
Notes
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