R477-8-6. Compensatory Time for FLSA Exempt Employees

  (1) An FLSA exempt employee may not work more than 80 hours in a pay period without management approval. Compensatory time shall accrue when the employee actually works more than 80 hours in a work period. Leave and holiday time taken within the work period may not count as hours worked when calculating compensatory time. Each agency shall compensate an FLSA exempt employee who works overtime by granting time off. For each hour of overtime worked, an FLSA exempt employee shall accrue an hour of compensatory time.

  (a) Agencies shall establish in written policy a uniform overtime year either for the agency as a whole or by unit number and communicate it to employees. Overtime years shall be set at one of the following pay periods: Five, Ten, Fifteen, Twenty, or the last pay period of the calendar year. If an agency fails to establish a uniform overtime year, the Executive Director, DHRM, and the Director of Finance, Department of Administrative Services, will establish the date for the agency at the last pay period of the calendar year. An agency may change the established overtime year only after the current overtime year has lapsed, unless justifiable reasons exist and the Executive Director, DHRM, has granted a written exception.

  (b) The limit on compensatory time accrued by an FLSA exempt employee may not be less than 80 hours.

  (i) Any compensatory time earned by an FLSA exempt employee over the limit shall be paid out in the pay period it is earned.

  (c) Any compensatory time earned by an FLSA exempt employee is not an entitlement, a benefit, nor a vested right.

  (d) Any compensatory time earned by an FLSA exempt employee shall lapse upon occurrence of any one of the following events:

  (i) at the end of the employee's established overtime year;

  (ii) upon assignment to another agency;

  (iii) changes FLSA status to nonexempt; or

  (iv) when an employee terminates, retires, or otherwise does not return to work before the end of the overtime year.