In the event it becomes necessary for a non-exempt employee to work more than 40 hours in any work week in order to maintain the proper and effective functioning of a department, in accordance with applicable statutory requirements the following overtime provisions shall apply:

1. All overtime work must be authorized by the department head prior to the employee engaging in such work.

2. Overtime work, when available and authorized, shall be open to all eligible employees of the department without regard to disability, so long as the employee can perform the essential functions of the job which is the subject of the overtime work, with or without reasonable accommodation.

3. When an employee is authorized to work and does work overtime, the Board of Education may either:

a. Allow the employee compensatory time off from the job at a rate of 1-1/2 times the number of overtime hours worked.

b. Pay the employee for all overtime worked at the rate of 1-1/2 times the employee's normal hourly rate, said payment to be made at the end of that applicable pay period.

4. The department head shall determine whether the employee receives compensatory time or overtime pay.

Overtime - Noncertificated (continued) R4581

5. The department head shall be responsible for maintaining a record of such overtime worked which shall be made available to an employee upon request. The department head shall be responsible for reporting employee's compensatory time and hours for overtime pay as specified in the district's procedures.

6. The department head shall permit the employee to use accrued compensatory time within a reasonable period after the employee requests such use provided the use of such time does not unduly disrupt the operation of the department or division.

An employee carrying out his/her regular assigned duties may accrue a maximum of 240 hours for use as compensatory time off. Employees performing seasonal activities, however, may accrue a maximum of 480 hours for use as compensatory time off.

7. Upon termination of employment, an employee shall receive monetary payment for all accrued and unused compensatory time at a rate:

a. Equal to the average pay rate the employee received during the last three years of employment.

b. Or the employee's final rate of pay, whichever is higher.

A listing of occupational categories eligible for overtime and compensatory time shall be published annually in the district's Compensation Plan.


Legal: Fair Labor Standards Act of 1938
Fair Labor Standards Amendments of 1985

Regulation approved: June 26, 1990

Revised: October 10, 1995

Revised: December 8, 1998

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