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Ohio Laws and Rules
(A) An employee paid by warrant of the director of budget and management or an employee of a county department of human services who is eligible to receive overtime compensation and who is required by an administrative superior to be in an active pay status for more than forty hours in any calendar week shall be entitled to overtime compensation or compensatory time as provided in rule 123:1-43-02 of the Administrative Code. Sick leave and any leave used in lieu of sick leave shall not be included in the definition of active pay status for the purpose of earning overtime or compensatory time for employees whose wages are paid directly by the auditor of state. Where employees are not paid directly by warrant of the director of budget and management, the political subdivision shall determine if sick leave shall be included in the definition of active pay status for the purpose of earning overtime or compensatory time.
(B) Compensation. An employee who is eligible for overtime compensation shall be entitled to compensation for such time over forty hours at one and one-half times the employee’s regular rate of pay as defined in division (F) of section 124.18 of the Revised Code. The employee may elect to take compensatory time off in lieu of overtime pay on a time and one-half basis.
(C) Overtime exemptions. The appointing authority of each state agency, board, commission, or county department of human services may designate positions, for which the duties are professional, administrative or executive in nature, as overtime-exempt.
(D) Holidays. When an employee who is eligible for overtime compensation is required to work on a day designated as a holiday by section 124.19 of the Revised Code, he or she shall be entitled to pay for such time worked at one and one-half times the employee’s regular rate of pay as defined in division (F) of section 124.18 of the Revised Code in addition to holiday pay.
When calculating overtime for a calendar week which includes a holiday, the automatic eight hours of holiday pay is considered as time in active pay status regardless of whether or not the employee worked on such holiday. Time actually worked on a holiday is not considered time in active pay status for overtime calculations because separate compensation is already paid.
Effective: 12/01/2006
R.C. 119.032 review dates: 09/14/2006 and 12/01/2011
Promulgated Under: 119.03
Statutory Authority: 124.09(A)
Rule Amplifies: 124.18
Prior Effective Dates: 1/2/77, 8/24/81, 2/4/96, 11/10/96, 7/1/97 (Emer.), 9/28/97, 7/1/06
(A) An employee may use compensatory time Earned in accordance with rule 123:1-43-01 of the Administrative Code at a time mutually convenient to the employee and his or her administrative superior within one hundred eighty days after earning such compensatory time.
(B) Compensatory time is not available for use until it appears on the employee’s earnings statement and the compensation described in the earnings statement is available to the employee.
(C) An employee, not designated as overtime-exempt, shall be paid for compensatory time earned in accordance with rule 123:1-43-01 of the Administrative Code which has not been used within one hundred eighty days or upon separation.
(D) When payment is to be made for compensatory time not used, it shall be converted back to overtime hours by applying a factor of two-thirds and making payment at the overtime rate which was effective for the employee at the time the compensatory time was earned.
(E) All compensatory time must be used before an employee is granted a leave of absence Without pay, except as otherwise permitted under state or federal law.
Effective: 07/01/2006
R.C. 119.032 review dates: 04/13/2006 and 07/01/2011
Promulgated Under: 119.03
Statutory Authority: 124.09(A)
Rule Amplifies: 124.18
Prior Effective Dates: 8/24/81, 2/4/96, 7/1/97