OT and Comp

Vickie · March 2012

We are a government entity that permits comp time in lieu of paid OT. Our workweek is 37.5 hours, and anything over 37.5, but under 40 hours is "paid" at regular rate, and all over 40 is paid at 1.5x. Timekeeping 101, right! Here is the problem. When an employee works three 7.5-hour days, one 9-hour day, and misses a day of work, he/she is allowed to use sick time to make a full week. Should we limit the hours of sick leave to those required to make a full workweek, or should we allow the employee to take a full 7.5 hours of sick leave, thereby accrueing 1.5 hours of overtime (comp) @regular rate. One theory here is that, since we do not pay out sick leave upon severence from the organization, we should not allow them to use more than the number of sick leave hours required to make a full workweek because it, in effect, converts sick leave to comp time. The other theory, of course, is that we should allow the employee to use the sick leave as a full day and receive the overtime. HELP!

carolynb · March 2012

comp time in lieu of paid OT... I thought that was a huge no no...

Vickie · March 2012

Not at a gov't entity...at the same rates as paid OT requires...and with some other provisions specified in the FLSA.

NaeNae55 · March 2012

We do not pay ot unless the employee actually [B]worked[/B] over 40 hours. So if an employee is out on Monday (8 hrs) and then works 35 hours the rest of the week they would be paid for a total of 43 hours regular time (or we would allow them to substitute the 3 hours extra for leave time - 35 hours regular time and 5 hours leave time).

It may depend upon your state laws, but the FSLA does not require you to pay ot for anything but actual hours [B]worked[/B] over 40.

OT and Comp

Comments