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Preface

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Page Contents:

A. Definition

B. Scheduling

C. Compensation

D. Off-campus work assignment

 

Overtime
AFSCME 2.16

Revised September 1, 2006

A. Definition

1. Overtime is defined as time worked with supervisory permission and hours in pay status in excess of the number of hours called for in the full-time (40 hours per week), basic daily or weekly work schedule. Part-time employees are eligible for overtime for hours worked and hours in pay status in excess of 40 hours per week. Pay status means all time worked plus paid time off such as vacation, sick, holiday, and other forms of paid time off.

B. Scheduling

1. Overtime work shall not be permitted except when absolutely necessary. It is a responsibility of supervisors to plan and schedule work so that it can be performed within the regularly scheduled hours.

2. Occasional "finishing up" time at the end of the workday of less than 15 minutes in excess of the daily work schedule need not necessarily be recognized as daily overtime subject to compensation. It may be compensated by equal time late arrival or early departure on another day of the same workweek, unless such finishing up time results in more than 40 hours being worked in the workweek, in which case it will be recorded as overtime at the end of the workweek for compensation.

3. When advance scheduling permits, placement in an overtime rotation schedule among employees is given in order of occupational unit seniority, with the condition that actual assignment of overtime must be management's prerogative dependent upon the employee's ability to satisfactorily perform the required work.

   1. All qualified appointed Service-Maintenance employees within an occupational unit shall be asked to work overtime assignments before a full-time hourly employee is asked to work the assignment on an overtime basis.

   2. As a general rule, employees in the CTC program will not be assigned to work scheduled overtime until all qualified appointed SM employees have been asked to work. This provision shall not apply to continuation overtime i.e., overtime that occurs before or after an employee's regular scheduled shift.

   3. It is understood that employees will perform reasonable overtime assignments when required, except where cases of personal emergency exist.

   4. Departments may have other overtime assignment arrangements for which there are long-standing practices and mutual, written agreements between management and the union which are recognized by the parties.

4. Personnel whose responsibility is primarily managerial or supervisory should not be called back to work on compensable overtime, nor assign themselves to work compensable overtime, unless the supervisory function is required for the work performance and would so be provided for such work during regular hours.

5. A staff member who is called back to work in the regular position outside the scheduled workday, necessitating an additional trip to and from work outside the normal workday, is compensated for a minimum of two hours at time and one-half.

   1. A staff member will receive this compensation only once for the same block of two hours regardless of the number of trips back to work during that two hour period.

   2. Travel time is included in the call-back calculation in departments where this practice currently exists at the time of this agreement [July 1, 2006].

C. Overtime compensation - appointed employees

1. Appointed employees must be compensated for overtime worked at a rate equal to one and one-half times the rate for the duty or service performed. This compensation may be granted in one of the following ways:

   1. The employee may be compensated by extra payment on the regular payday in which the overtime was worked at a rate of pay equal to one and one-half the hourly rate for the duty or service performed. The hourly rate used to determine the overtime rate will be adjusted upward to include any temporary pay, bonus pay, or other premium pay that the employee received during the period in which the overtime was worked.

   2. The employee may be compensated by time off without loss of pay at one and one-half times overtime hours worked. Compensating time accumulations should not exceed 80 hours.

2. The department head in 24-hour, seven-day a week operations (Power Plant and I.U. Police Department) shall have the option of pay or compensating time off at time and one-half rates when overtime is worked. The employees shall be told of this decision at the time the overtime assignment is worked. In all other areas appointed staff members shall have their option of payment for overtime or time off, providing they initial a note to their department head indicating their desire in time to process the affected payroll. Time off will be taken at a mutually agreeable date within six months of the date worked.

3. Accumulations of compensatory time should not exceed 80 hours. Compensatory time will be taken at a mutually agreeable date and should be scheduled during the calendar year in which it was earned. Any compensatory time amounts in excess of 80 hours at the start of the first pay period after January 1st shall be paid or scheduled off at the discretion of the department.

4. If a department has no funding for overtime pay, written agreements that compensating time off is the only option available should be made with staff in advance of a request for overtime work.

5. Secondary employment of a 100 percent FTE appointed employee by another department that results in overtime must be compensated at an overtime rate by the secondary department. The amount is one and one-half times the rate of the overtime work performed. This requires the advance agreement between the employee and the secondary department and must be based on a bona fide rate.

   1. If a less than 100 percent FTE appointed employee has multiple university jobs, the rate of compensation for time worked in excess of 40 hours in a work week will be the weighted average of the rates for all university jobs for which time was recorded for the employee during the workweek.

   2. There are occasional and sporadic hourly jobs such as ticket takers and special event ushers which an appointed employee may be hired to perform. With advance authorization, these jobs are paid at the regular rate of pay for the job. Contact the campus human resources office if questions arise.

6. To compensate all RPS custodial and maintenance staff on a consistent basis when called in on a weekend, when students are moving into or out of university housing (four or five times a year), pay will be at time and one-half in either money or compensating time off.

7. In the RPS Kitchens, the practice for compensation for Sunday work will remain as is with the provision that hours worked in excess of 8 hours per day in any of the next six days will be compensated as overtime worked figured on a daily basis.

8. Emergency conditions occasionally require SM employees to work continuously beyond normal overtime assignments. While all hours in excess of the employees' regular shift are compensated at time and a half rate, situations develop where workers have inadequate rest to report for their normal work hours.

   1. For purposes of this policy "adequate rest" is defined as six or more hours free from work.

   2. The policy shall be that all work beyond sixteen continuous hours shall be further compensated by granting one hour of time off for each hour of time worked beyond sixteen continuous hours. This time will be designated as Emergency Rest Time (ERT).

   3. This Emergency Rest Time will be in addition to the normal overtime premium rate of time and one half (1½) for hours worked in excess of the work shift.

   4. Furthermore, under extreme emergency conditions in cases where employees are given less than six (6) hours off-the-clock before returning to the job, the hours of each work assignment will be combined. Emergency Rest Time will be earned for all hours worked in excess of sixteen (16) hours in that period. Emergency Rest Time will not be earned for hours off the job between work assignments.

      1. Extreme emergency conditions are defined as unexpected or serious situations with campus-wide impact that require urgent, immediate action or endangers the university such as: snow, earthquake, flood, fire, tornados, riots, terrorism, and utility outages.

      2. “Extreme emergency conditions” does not include overtime situations such as scheduled overtime, regular call-out, standby, or any other overtime not described in paragraph 8.d.1.

   5. Employees shall receive up to a maximum of eight (8) hours of Emergency Rest Time for all hours actually worked without adequate rest. (7/02)

   6. The employee will be required to use this time for the employee's next normal workday that emergency conditions do not make that employee's attendance necessary. An employee who has accrued the maximum of eight (8) hours of Emergency Rest Time must receive their supervisor's approval to continue working. IUPD employees shall use the Emergency Rest Time as soon as it may be scheduled by the Department without affecting campus safety or security.

   7. Should the emergency cause the employee to continue to work beyond 24 hours without adequate rest of 8 hours off the clock, each hour after 24 hours will be paid at a rate twice the employee's regular rate of pay. (7/02)

9. Departments are responsible for maintaining internal records of compensating time earned. Compensating time earned and used are to be reported to the Payroll Department.

10. When an employee promotes or transfers to another department, any accumulated compensating time is to be granted as time off or paid off as overtime pay before the move.

D. Overtime policy for biweekly staff when on duty away from campus of normal work assignment

1. When a biweekly-paid appointed staff member is required by his/her department to perform a work assignment, attend class, etc., at a location away from the campus of his/her normal work assignment, the following policy should be adhered to if the assignment involves an overtime accrual:

   1. Travel time in excess of the time required to travel from the employee's residence to his/her normal work station, provided it is outside of the normal daily work schedule, should be considered as overtime hours worked. Any break in such travel time for meals is not compensable and should be subtracted out of the overtime hours accrued. If such travel should require overnight lodging, the time that the employee is free to "come and go" as he/she pleases is not considered as overtime worked.