SECTION 12.35 HOURS OF WORK
Last Update: 11/03
Article
VIII of each bargaining agreement determines the employee’s work schedule,
whether overtime is applicable, the method of compensation for working
overtime, rest and meal periods, shift differential, standby, and call back
time.
Work Schedules
All
agreements provide management with a mechanism to establish or make permanent
changes to work schedules. Provisions
vary between agreements, but each requires a specified period of notice before
permanent work schedule changes are made.
Supervisors may make temporary work schedule changes to adjust for
unusual circumstances such as sudden workload changes or the need to cover for
an absent worker. Temporary changes
cannot be made for the sole purpose of avoiding the accrual of compensatory
leave or the payment of overtime.
The
agreement does not provide any guarantee of a minimum number of hours of work
during any workday or pay period.
Overtime
For
those employees that are eligible, overtime accrues after an employee has more
than 40 hours paid time in a workweek.
Eligible employees may not waive their rights to overtime benefits by
volunteering to work more than 40 hours in a workweek either at the work location
or at home.
Supervisors
are not obligated to provide overtime opportunities to employees. Performance of work outside of the
employee’s scheduled hours must be assigned by the supervisor and approved in
advance. The current Fair Labor
Standards Act (FLSA) requires that covered employees may not work overtime
without reporting it. If this
occurs, a back pay liability may result.
The
method for determining overtime compensation varies among the agreements. It is important that supervisors be aware of
the provisions for the employees under their supervision. In general, premium pay or compensatory
leave accrues only after 40 hours paid time in a workweek.
The
AFSCME agreement provides a detailed listing of the time to be counted in
determining when an employee has accumulated forty (40) hours in a workweek.
Certain positions covered by the AFSCME agreement also have unique methods of
determining eligibility for premium overtime compensation.
The
majority of classes covered by the IUP agreement earn compensatory leave for
hours worked after forty hours in pay status.
The classes of Income Maintenance Worker 2 and 3, Child Support Recovery
Officer, Rehabilitation Worker, Employment Counselor, Civil Rights Specialist,
Criminalist, Social Worker 2 and 3, Correctional Counselor, Youth Counselor,
Disability Examiner, and Disability Examiner Specialist earn compensatory time
at the rate of one and one-half hours for each hour worked in excess of forty
(40) hours in any work week. Employees
may request to be paid for this compensatory time. The contracts contain provisions for requiring the use or payment
of the time, and should be consulted for these issues.
The
SPOC agreement provides separate overtime provisions for the job classes
covered by the agreement.
All
agreements have provisions that limit the amount of compensatory leave that can
be accrued and require that employees use accrued compensatory leave within
certain time periods. Unused
compensatory leave at the end of that period or above that limit must be paid
off at the employee’s current rate of pay. Supervisors should make every effort
to hold overtime and compensatory leave to a minimum and to insure that
employee timesheets accurately reflect all time worked.
Rest and Meal Periods
The
administration of rest breaks and meal periods varies in the agreement. The following provisions are common to all
agreements.
-
Employees shall not use meal or rest periods to
shorten the workday.
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Employees shall not take breaks in less than
fifteen (15) minute increments. For
example: three five minute breaks.
-
Employees are generally entitled to two fifteen
(15) minute uninterrupted rest breaks and one thirty (30) minute uninterrupted
meal period during an eight (8) hour work day.
Exceptions are covered in the specific agreements.
-
Employees are generally not allowed to combine rest
breaks and meal periods. Exceptions are
covered in the specific agreements.
-
Where a practice of allowing employees to
occasionally combine rest breaks and meal periods between 11:00 a.m. and 1:30
p.m. has occurred the practice must continue.
This practice requires additional monitoring by the supervisor so that
break(s) are not also taken. This
practice should not be started elsewhere.
AFSCME Covered Employees
-
Rest breaks should be scheduled at approximately
the middle of each one-half shift; meal periods at the middle of each shift.
-
Employees who work at least one (1) hour beyond
their regularly scheduled shift are to be given an additional fifteen (15)
minute break about the middle of the time to be worked.
-
Rest breaks are not required if qualified relief is
not available.
-
If a meal period cannot be provided (i.e., the
employee eats while on duty) the employee is to be paid for that time.
-
Rest breaks and lunch periods are unscheduled and
are to be taken at the convenience of the employee with supervisory approval.
-
Employees who are approved to work at least three
hours beyond their shift shall receive an additional fifteen (15) minute break.
Shift Differential
The agreements are silent on whether or not an employee is entitled to shift differential payments while on leave. The policy, however, has been established through past practice that shift differential shall continue while an employee is on approved leave.
Call Back Pay
AFSCME
and IUP contract covered employees receive a minimum of three (3) hours of
compensation when called back to work after a regular shift. If an employee
does not actually work three (3) hours after being called in, the employee may
be called in again within the original three (3) hours of the first call
without incurring an additional three (3) hour minimum. If the employee had been in standby status
prior to being called in, the standby pay stops for the three (3) hour period
following the call back and for any further time actually worked. (SPOC contract covered employees, except
Park Rangers and Special Agents, receive a minimum of two (2) hours of
compensation when called back to work outside of their regular shift.)
The
balance of this article in the agreements is self-explanatory. Address any questions regarding the topics
covered in this article to your personnel officer.