Department of Natural Resources Policy - Compensatory Time for Employees on Personal Service Contracts

Department of Natural Resources Policy -
Compensatory Time for Employees on Personal Service Contracts
Policy Number: 97:02
Effective Date: July 1, 1997 (Reviewed: May 2003)
See signed policy - Adobe Acrobat file
I. Purpose
The purpose of this policy is to identify procedures for earning and using compensatory time by employees hired on personal service contracts.
II. Scope
This policy applies to all units within the Department of Natural Resources.
III. Policy
The authority for hiring contractual employees is contained in the state personnel and pensions Article of the Annotated Code of Maryland. A contractual employee is defined as an individual who:
A. Under a written agreement, provides temporary personal services to the Department for pay;
B. Is not employed in a budgeted position; and
C. Has an employer-employee relationship with the State.
THIS POLICY IS NOT APPLICABLE TO THE HIRING OF SHORT-TERM STUDENT OR SEASONAL EMPLOYEES.
IV. Procedure
A. Eligibility
Employees eligible for overtime compensation may elect to receive it in the form of compensatory time earned rather than cash.
B. Prior Approval
Authorization to work overtime per pay period and to use compensatory time is required in advance and must be recorded and authorized by the supervisor on the timesheet.
C. Work Schedules
Whenever feasible, flexible scheduling should occur to minimize the earning of compensatory time. For example, an employee attends a night time meeting from 7 p.m. to 9 p.m. (eq. 2 hours overtime), the employee’s next day should be reduced from 8 to 6 hours of work.
D. EARNING OF COMPENSATION TIME
If the compensatory time is chosen in lieu of cash, the compensatory time shall be earned on an hour-for-hour, straight time basis for time worked up to 40 hours per week and on a time and one-half basis for hours in excess of a 40-hour work- week.
E. Selection of cash payment or Compensatory Time
Before working the approved overtime, the employee will notify the appropriate supervisor of the choice to receive compensatory time for overtime worked and the designation will be acknowledged by both employee and supervisor by signing an Agreement to Accept Compensatory Time in Lieu of Cash Overtime Payment. The period of time selected by the employee to be covered by the Agreement will be for no less than one pay period.
F. Compensatory Time Accumulation
Employees may accumulate a maximum balance of 120 hours of compensatory time. Overtime worked in excess of 120 hours of accumulated compensatory time shall be compensated by cash payments.
G. SCHEDULING FOR USE OF COMPENSATORY TIME
Each appointing authority shall arrange the work of the agency so that employees shall be permitted to use compensatory time under the following conditions:

The employee should provide the supervisor with reasonable notice of intention to use leave; and

The absence of the employee during use of the leave should not unduly disrupt the operation of the appointing authority.

H. Compensatory Time for Religious Beliefs
Each appointing authority shall provide for work schedules to permit an employee whose religious beliefs require absence from work to perform optional, compensatory work outside of the employee’s regular work hours to offset the absence. Compensatory time for purposes of religious beliefs shall be earned on the same basis as overtime compensation or selected compensatory time in lieu of cash. Compensatory time earned under this section must be used for observance of the designated religious holiday. This section does not apply to employees of a unit that must provide a service continuously on a 7-day-a-week basis.
I. Use of Compensatory Time
The accumulated compensatory time of a contractual employee shall be used within the term of the contract. If for extraordinary reasons an employee is unable to use the earned compensatory time within the contract term, the employee shall be paid for the time upon expiration of the contract.
J. Records and Contracts
Supervisors must ensure there are sufficient funds in the contract to allow employees to be paid for accumulated compensatory time before contract expiration. Finance and Administrative Services will maintain records of each employee’s accumulated compensatory time and report quarterly to Unit Directors and Assistant Secretaries.

Posted February 3, 2004