Current through all regulations passed and filed through September 16, 2024
(A)
Purpose
To establish a rule regarding overtime
and compensatory time.
(B)
Scope
This rule applies to all unclassified
hourly employees and classified civil service employees.
(C)
Definitions
(1)
Consult rule
3349-7-01 of the Administrative
Code.
(2)
"Active Pay Status" for purposes of overtime and
compensatory time calculation includes regular hours worked, vacation leave,
sick leave, personal leave, legal holiday leave, winter break leave, and civic
duty leave.
When calculating overtime for a work
week which includes a legal holiday, the automatic eight hours of holiday pay
is considered as time in active pay status regardless of whether or not the
employee worked on such day. Time actually worked on such day is not considered
time in active pay status for overtime calculations because separate
compensation is already paid.
(3)
"Flexible
Scheduling" is variance from the normal work hours defined herein to
accommodate the needs of the university.
(4)
"Legal Holiday
Leave" is a day so designated by the state of Ohio and approved by the board of
trustees.
(5)
"Normal Working Hours" for unclassified hourly
employees and classified civil service employees are from eight a.m. to five
p.m. unless otherwise directed by the immediate supervisor. Unclassified hourly
employees and classified civil service employees who work at least five hours
in a day are required to take a meal break of at least one half hour and not
more than one hour. Meal breaks are scheduled by the supervisor to meet
business requirements. Meal breaks are generally unpaid. However, employees who
are required to work or remain at their stations during meal break will be paid
for this time.
(6)
"Regular Rate of Pay" refers to the employee's base
rate of pay.
(7)
"Winter Break Leave" are paid personal leave days
designated at the discretion of the president of the university under the
authority delegated by the board of trustees.
(D)
Rule
statement
(1)
Administrative staff and faculty are exempt from overtime and compensatory time
compensation.
(2)
The immediate supervisor may use flexible scheduling
to vary normal working hours when possible to maintain a forty hour work
week.
(3)
The earning of compensatory time and overtime must be
approved in advance by the immediate supervisor.
(4)
If approved in
advance by the immediate supervisor, an employee is eligible for overtime
compensation or compensatory time when the employee is in active pay status for
more than forty hours in a work week.
(5)
Overtime
compensation is calculated by multiplying the number of active pay status hours
over forty in the work week, times one and one half the employee's regular rate
of pay at the time earned. The employee may elect to take compensatory time
earned in lieu of overtime pay. Compensatory time is calculated by multiplying
the number of active pay status hours over forty in the work week, times one
and one half.
(6)
Compensatory time is not available for use until it
appears on the employee's earnings statement and the compensatory time
described in the earnings statement is available to the
employee.
(7)
An employee may accrue compensatory time to a maximum
of two hundred forty hours. Once the maximum amount of compensatory time has
been accrued, overtime compensation will be paid.
(8)
All compensatory
time must be used before an employee is granted a leave of absence without pay,
except as otherwise permitted under state or federal law.
(9)
When an employee
who is eligible for overtime compensation is required to work during legal
holiday leave, the employee shall be entitled to compensation for such hours
worked on site at one and one half times the employee's regular rate of pay in
addition to legal holiday leave compensation.
(10)
Campus
closing
(a)
Employees who are required to work on a day when the university is officially
closed due to weather or other unforeseen circumstances will be compensated for
the number of hours for which other hourly personnel are compensated; plus they
will be compensated at one and one half times their regular rate of pay at the
time earned, for the number of hours actually worked.
(b)
Compensatory
time may be elected in lieu of overtime compensation.
(11)
Call
back pay
(a)
Employees who are required to return to the worksite after the employee's
normal working hours are over will be eligible for call back pay. Continuous
work hours are not covered by this call back pay provision.
(b)
An employee
entitled to call back pay will receive a minimum payment of four hours at the
employee's regular rate of pay. If an employee works more than two and three
quarters hours in a call-back situation, payment will be made at the overtime
rate of one and one half times the employee's regular rate of pay at the time
earned.
(c)
The employee may elect compensatory time in lieu of
paid overtime.
(12)
Winter break
leave
(a)
Winter break is designated at the discretion of the president. The university
is officially open in order to assure the performance of time sensitive or
essential functions.
(b)
Only employees who have the prior approval of their
immediate supervisor to work during winter break leave will be eligible to
receive overtime compensation.
(c)
Employees who
are required to report to the worksite to perform these time sensitive or
essential functions will be entitled to pay for such hours worked on site at
one and one half times the employee's regular rate of pay. The remaining hours
of the paid personal day will be compensated at the regular rate of
pay.
(d)
The employee may elect compensatory time in lieu of
paid overtime.
Replaces: 3349-8-65