Overtime Pay/Compensatory Time Off for Classified Employees

Etiwanda School District Administrative Regulation

AR-4253 Overtime Pay/Compensatory Time off for Classified Employees

The assignment of nonexempt classified personnel to work overtime from time to time will be authorized by the supervisor. Working unauthorized overtime, in any time increment, is prohibited. In emergency situations, overtime may be worked without prior authorization.

“Overtime” is any time worked in excess of eight (8) hours in any one day and in excess of forty (40) hours in any work week. Work performed on the sixth (6th) or seventh (7th) consecutive days of a work week shall also be considered overtime for employees who have an average work day of four (4) hours or more during the work week. Overtime includes those occasions when full-time employees who, due to emergency or necessity, are required to work during their duty- free lunch periods and thereby work more than (8) hours in one day or forty (40) hours in one week.

For purposes of computing the number of hours worked for overtime purposes, time during which an employee is excused from work because of holidays, sick leave, vacation, compensating time off or other paid leave of absence shall be considered as time worked.

“Additional hours” are those hours worked by a part-time employee, whose regular assignment is less than eight (8) hours per day or forty (40) hours per week, which are in excess of the employee’s regularly assigned hours but do not exceed eight (8) hours per day or forty (40) hours per week and are not worked on the sixth (6th) or seventh (7th) consecutive work day in a work week.

Employees may work overtime or additional hours only with the prior written approval of their immediate supervisor, department heads or administrators as appropriate. The assignment of classified personnel to work overtime will be made by the supervisor, who shall normally take into account the equitable distribution of the assignment, and the preference of the employee. In the event of an emergency, however, the supervisor may require that any employee under his or her supervision work overtime. No overtime or additional hours assignment shall continue for longer than nineteen (19) consecutive working days.

Additional hours worked are paid at the employee’s regular rate of pay for up to eight (8) hours in one (1) work day or forty (40) hours in a work week. Hours worked beyond eight (8) per day or forty (40) per week, or on the sixth (6th) or seventh (7th) consecutive work day in a work week are paid at the overtime rate.

Overtime is paid at the rate of one and one-half (1-1/2) times the employee’s regular rate of pay for work performed in excess of eight (8) hours per day or forty (40) hours per week, or hours worked on the sixth (6th) or seventh (7th) consecutive day of the work week.

Board Approved Revision: May 25, 2006 Board Approved Revision: February 10, 2005 Board Approved Revision: January 12, 2005 Board Approved: August 19, 2004 Effective Date: August 19, 2004 Etiwanda School District Administrative Regulation

AR-4253 Overtime Pay/Compensatory Time off for Classified Employees (continued)

Compensatory time off in lieu of overtime pay may be granted, at the discretion of the district, when requested by the employee prior to working the overtime hours. If compensatory time off is granted, the employee and the supervisor shall agree in writing that the work performed will be compensated through compensatory time off in lieu of overtime pay. When compensatory time off is authorized in lieu of overtime compensation, the time off must be used within twelve (12) calendar months of the month in which the overtime was worked. If the compensatory time off cannot be used within twelve (12) calendar months without impairing the services rendered by the district, the employee shall be compensated in cash at the employee’s then-current overtime rate.

Except as provided in the following paragraph, employees may not accrue more than 40 hours of compensatory time off. An employee who accrues 40 hours of compensatory time off shall not be permitted to accrue further compensatory time off by working overtime hours. At the district’s discretion, an employee who accrues 40 hours of compensatory time off may be compensated in cash for those hours at the employee’s then-current overtime rate.

Notwithstanding the preceding paragraph, an employee may, with the written approval of the immediate supervisor and site administrator, elect to accrue up to 80 hours of compensatory time off under an agreement that the employee will work a four-day, 8-hour-per-day, 32-hour work week in lieu of the 10-hour-per-day schedule in place during the summer term. Employees electing to work 8 hours per day during this period may use up to 40 hours of compensatory time off to make up for the remaining 8 hours of a 40-hour work week. Compensatory time off may not be used to bring the total hours worked in a week to more than 40.

Compensatory time off shall be taken at a rate of one and one-half (1-1/2) hours of time off for every hour of overtime worked. Compensatory time off may not be taken in lieu of compensation for additional hours worked by part-time employees.

Employees shall keep accurate daily records of all hours worked, including overtime hours. These records shall indicate paid and unpaid leave, including compensatory time off, in addition to hours worked. Failure to keep accurate time records may result in disciplinary action.

With prior approval, an employee may adjust the beginning or ending time of the assigned work day to reflect approved time off taken during the work day, as long as the total number of hours worked meets the number of hours assigned and does not exceed eight hours in one day. Time off taken during the work day cannot be made up by working more than eight hours on another day.

AR-4253 Overtime Pay/Compensatory Time off for Classified Employees (continued)

The district may modify the work week from time to time, for some or all classified employees, to a 10-hour-per-day, 4-day work week pursuant to Education Code section 45132. Employees affected by such modification will be notified in advance. While the 4-day workweek is in force, the overtime rate shall be paid for all hours worked in excess of the 10-hour workday, even if the employee elects to work eight (8) hours per day. Work performed by full-time employees on the fifth, sixth, and seventh days shall be compensated at the overtime rate. Employees working an average work day of five hours or less during the workweek shall be compensated at the overtime rate for work performed on the sixth or seventh consecutive day of the workweek. All other provisions of this policy continue to apply during the term of the 4-day workweek.

Board Approved Revision: May 25, 2006 Board Approved Revision: February 10, 2005 Board Approved Revision: January 12, 2005 Board Approved: August 19, 2004 Effective Date: August 19, 2004