Lawriter - OAC - 3359-26-03 Compensation.

3359-26-03 Compensation.

(A) Overtime and compensatory time - Fair Labor Standards Act.

(1) Although every effort should be made to keep hours worked within the normal forty-hour week, overtime may be necessary. The Fair Labor Standards Act (FLSA), amended in 1985, provides regulations for governing the use of overtime and compensatory time. All overtime work must be approved by the supervisor and reported on the employee's time record. Compensatory time off must be taken at a time mutually convenient to both the employee and the supervisor.

(2) In certain job classifications, or in certain situations, overtime work or work before/after the regular shift may be mandatory. If the supervisor requests that the employee work overtime, the employee is expected to comply.

(a) Guidelines for overtime pay.

(i) FLSA and section 124.18 of the Revised Code specify that a non-exempt employee is entitled to overtime pay at the rate of one and one-half the normal rate of pay for the authorized hours in an active pay status that are in excess of forty hours per week. The use of sick leave shall not be considered to be active pay status for the purposes of earning overtime.

(ii) All overtime work must be approved by the supervisor and placed on the employee's time record.

(b) Guidelines for accumulation and use of compensatory time.

(i) FLSA and section 124.18 of the Revised Code specify that a non-exempt employee may use compensatory time off at the rate of one and one-half hours for the authorized hours in an active pay status that are in excess of forty hours per week. The use of sick leave shall not be considered to be active pay status for puposes of earning compensatory time.

(ii) All compensatory time earned and taken must be approved by the supervisor and placed on the employee's time record. No retirement system credit will be awarded for a day on which all hours reported and paid are compensatory.

(iii) The total amount of compensatory time accrued may not exceed two hundred forty hours; compensatory time should be utilized within one hundred eighty calendar days of accrual. Police officers may accrue a maximum of four hundred eighty hours of compensatory time. The supervisor and/or department head signing the time record is responsible for monitoring the one hundred eighty day and two hundred forty hour limits. In the event that accrued compensatory time earned exceeds a total of two hundred forty hours, the employee will be paid for the excess and the balance of the accrued compensatory time earned will be reduced accordingly.

(iv) At the time of resignation, retirement or termination, an employee will receive payment for all accumulated compensatory time at the hourly rate of pay in effect at the time of separation.

(v) If an employee is transferred or promoted to another department within the university, all accrued compensatory time will be transferred with the employee to the new department or the employee may request payment of accrued unused compensatory time at the hourly rate in effect at the time of transfer. The transfer or pay decision will be communicated to the payroll department by memo initiated and signed by the employee and approved by the department head.

(vi) A department may prescribe such additional requirements for the accrual and utilization of compensatory time as are deemed appropriate and necessary for the effective management of the unit; these may include stipulations regarding the number of consecutive days on which compensatory time may be used, the amount of notice necessary to request approval for the use of compensatory time, etc.

(c) If an employee is requested and/or required to work more than eight hours in a particular day, such employee may be required to take equivalent time off within the same week. This exchange/substitution procedure is considered "flexible time" and neither overtime nor compensatory time provisions will apply unless the total hours in an active pay status exceed forty in a particular week.

(B) Pay and payroll deductions.

(1) The university of Akron observes an eighty hour pay period and each staff employee is paid every other Friday for the prior biweekly pay period. Arrangements may be made for the direct deposit of pay by contacting the payroll office

(2) In order to comply with federal, state and local laws, the university must regularly deduct from an employee's paycheck federal income taxes, state income taxes, city income taxes, Retirement system contributions, and medicare taxes (for employees hired after April 1, 1986).

(3) In addition, there are other deductions which the university will withhold at the employee's request; these include savings bond(s) payments, united way contributions, Akron teachers credit union deposits, certain annuities, and donations to university development funds, etc.

Replaces: 3359-26-03


Effective: 1/31/2015
Promulgated Under: 111.15
Statutory Authority: 3359.01
Rule Amplifies: 3359.01
Prior Effective Dates: 05/22/91, 03/01/93, 05/24/02