Policy Highlight: Compensatory Time Off
Concise insights into the policies that impact our workplace and empower our employees
Each month, the Office of Human Resources will highlight a policy, enhancing awareness and ensuring leaders are well-informed. This will provide education and clarification to supervisors on policies relevant to to managing employees at the University. Additionally, this series of articles will enhance awareness and understanding of key institutional policies for our supervisors.
February’s Highlight: Compensatory Time Off
Per FLSA, NDCC 34-06-04.1 and NDUS HR Manual Section 12 – Overtime, UND has established a policy regarding Compensatory Time Off (Comp time). Employees may be considered “exempt” or “non-exempt” from FLSA requirements. Exempt employees are not allowed the option to receive overtime pay or compensatory time for hours worked in excess of 40 hours per week. An employee’s position description will indicate if the employee is exempt from overtime. Comp time is an option available for departments to utilize in lieu of paid overtime compensation for non-exempt employees. Employees cannot be required to accept comp time instead of receiving overtime payments.
Policy Statement
Nonexempt University of North Dakota (UND) employees who work more than 40 hours in a work week will be compensated in one of two ways: overtime pay or compensatory time off (comp time). It is a department’s decision whether to offer comp time. If compensatory time off is offered by the department, the employee may determine whether they receive comp time or overtime pay for time worked over 40 hours in a work week.
Employees must receive approval from their supervisors prior to working overtime.
Compensatory Time |
First responders or employees who perform seasonal activities |
Employees on sponsored projects |
|
Accrual rate |
1.5 compensatory hours for each hour of overtime. |
1.5 compensatory hours for each hour of overtime. |
If the project allows overtime premiums, 1.5 compensatory hours for each hour of overtime. |
Accrual Limit* |
240 hours |
480 hours |
N/A |
Expiration** |
Used within one year of being earned. |
Used within one year of being earned. |
The same pay period it is accrued. |
Upon termination |
Unused comp time is paid out at the higher rate of:
|
Unused comp time is paid out at the higher rate of:
|
N/A |
*Hours worked beyond the limit are paid as overtime. Departments may set a lower maximum accrued limit, which must be shared with employees in writing.
**If unused before expiration, compensation time is paid out automatically.
Implementing in the Workplace
Prior to accruing overtime or compensatory time, the employee must receive permission before work is performed. While a written agreement is not required, it is advised. Following approval to accrue comp time, all hours must be tracked by the supervisor and employee to ensure accrual rates and limits fall within policy. Usage of comp time must also be approved by the employee’s supervisor. Following the usage of comp time, the employee must report comp time use in the absence management module of Peoplesoft HCM.
Ex. Theo supervises four employees. Their busy season is approaching, and all have requested to accrue comp time in lieu of overtime pay. |
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Winter |
An employee HR has deemed exempt from FLSA requirements. | Theo visits with Winter to let her know she is not eligible for comp time or overtime pay, as her job has been classified as exempt from FLSA. As an exempt employee, Winter is paid the same amount for every day worked, regardless of many hours she works each day.
Winter and Theo visit to confirm what a good schedule work/life balance looks like for Winter’s position and the department’s needs during the busy and slow seasons. |
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Gigi |
An employee HR has deemed non-exempt under FLSA requirements. | Theo reviews Gigi’s upcoming work schedule for the next few weeks and determines Gigi will have to work ten additional hours each week to meet department staffing needs. Theo visits with Gigi on if she prefers to accrue overtime or comp time. Gigi asks for clarification on what each term means. Gigi makes $17 an hour.
Overtime pay calculation
Comp time calculation
Gigi requests to accrue comp time, as she is hoping to have a few days off when works slows down and would like to preserve her annual leave. Gigi works her approved hours and accrues comp time. Theo reminds her of the 240 hour accrual limit and that the hours expire in a year. When she is able, to visits with Theo to request her usage of comp time be approved and submits via HCM. |
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Sam |
An employee HR has deemed non-exempt under FLSA requirements who is working on a sponsored project. | Theo visits with Grants & Contracts accounting to determine if the project sponsor has approved for overtime premiums. G&C confirms overtime premiums are allowed.
Theo reviews Sam’s upcoming work schedule. Sam will need to work five additional hours each week to meet department staffing needs. Sam makes $20 an hour in his position. Overtime pay calculation
Comp time calculation
Due to department scheduling needs, Sam would be unable to use his comp time in the same pay period. Theo denies Sam’s request for comp time but approves the request for overtime to ensure department needs are met. |
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Huang |
An employee HR has deemed non-exempt under FLSA requirements, whose work is seasonally busy. | Theo reviews Huang’s schedule for the next few months. Huang’s work is extremely cyclical, with a significantly increased demand happening on a regular basis, roughly 15 hours each week. Huang’s work will then drop off for a few months, but pick back up again six months afterwards. Huang makes $23 an hour in his position.
Overtime pay calculation
Comp time calculation
Theo approves Huang’s request to accrue comp time, with the understanding Huang won’t be able to use his accumulated time for awhile. Theo reminds Huang of the 480 hour accrual limit and that his hours expire in a year. When he is able, Huang visits with Theo to request his usage of comp time be approved and submits via HCM. |
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Questions?
Contact the Office of Human Resources for more information regarding this policy.