5231P Procedure - Length of Work Day
Overtime and/or Compensatory Time for Eligible Staff:
To comply with the Fair Labor Standards Act and the laws and rules of the state of Washington, the following procedures will be established:
A. Exempt or non-exempt status: All certificated staff are exempt from the 40-hour work week. The district will determine the status of classified employees based upon the criteria established for defining administrative (WAC 296-128-520) or professional (WAC 296-128-530) status and any additional FLSA standards.
B. Work week: Seven consecutive 24-hour periods make up the work week. Staff members are entitled to 1-1/2 times the regular rate of pay for all hours worked in excess of 40 hours per week if the overtime pay option is chosen. A staff member may plan, in conjunction with their supervisor, to take compensatory "time off" (straight time) in lieu of overtime pay so long as the staff member’s assigned responsibilities are adequately covered during the planned absence. Compensatory "time off" will accumulate at the rate of 1-1/2 times the hours worked. The staff member may accumulate up to 240 hours of compensatory time, at which time the staff member must either take compensatory "time off" or receive pay for such excess hours. Staff members will not perform any work during assigned lunch periods or before or after their normal work schedule, regardless of the voluntary nature of the work. Staff members who violate this regulation may be subject to disciplinary action.
C. Travel time: Travel time during a workday to a meeting is compensable if done in a private vehicle and when it is required by the district.
D. Meal periods: Staff members will not perform any duties during the employee’s meal period.
E. Non-working time: Time between shifts will be free of responsibilities or obligations. Standby time can be negotiated, but must be at the rate of the minimum wage or more.
F. Records: Records must be kept for a minimum of three years. A staff member’s signature must appear on the time slip or sheet which shows the hours worked each day. US Department of Labor posters must be posted at each site.
- Overtime: The legal definition of overtime is time worked more than 40 hours per work week. Overtime does not apply to administrators, supervisors, teachers, or certificated support personnel.
- Extended Work Year: An extended work year consists of time worked beyond an employee’s work year. This applies only to certificated personnel and classified personnel who work less than 260 days a year, including vacation and holidays.
- Compensatory Time (also known as “comp time”): This is time taken off by an employee in place of receiving compensation for hours worked beyond the employee’s work week.
Guidelines on Overtime
- Overtime must be approved by an employee’s supervisor and authorized by the budget administrator before being worked.
- Overtime hours worked more than 40 hours per week must be recorded on the monthly time sheet and initialed by the supervisor.
- Hours worked beyond an employee’s scheduled daily shift will not be considered overtime unless the employee’s hours for the week exceed 40. If an employee works more than 40 hours in a week, the employee is entitled to overtime pay of one and one-half times the employee’s regular rate of pay for each hour of overtime worked. The employee has the option of requesting compensatory time off in place of overtime compensation.
Guidelines on Compensatory Time
- Compensatory time off is by the employee’s request and the approval of the immediate supervisor and may not be imposed on the employee in place of overtime pay.
- Hours worked which will result in compensatory time off must be approved by the supervisor before being worked.
- Compensatory time should be taken as soon after it is earned as possible and preferably within the same pay period. Time off to use accrued compensatory time must be requested and approved in advance by the immediate supervisor.
- Compensatory time must be documented at the end of each pay period, showing hours and dates worked and hours and dates when the resulting compensatory time off was taken. If compensatory time is carried forward into the next pay period, a summary of the hours carried forward must be documented by the employee, attached to the monthly time sheet and absence benefits claim form, and submitted to the building administrator.
- Compensatory time off must be provided at a rate of not less than one and one-half hours for each hour of overtime worked.
Guidelines on the Extended Work Year
- Extensions of the work year for employees must be requested in advance by the employee’s supervisor and authorized by the appropriate budget administrator. A written contract that includes the tasks and products to be completed by an established date and the necessary accounting information will be issued by the personnel office. Such contract will carry the signature of the employee, the employee’s supervisor, the budget administrator, and the administrator for personnel. The assistant superintendent is the budget administrator for extended work year contracts paid from basic education funds.
- Extended work year contracts may be issued to teachers, certificated support personnel, or administrators during the employee’s work year if such contracts call for work outside the employee’s regular assignment and beyond the employee’s regular daily hours.
- Extended contracts also may be issued to vocationally funded certificated employees if consistent with and necessary for the fulfilling of obligations required to carry out their assignments.
- Compensation for an extended work year will be the same as established by the Board of Directors.
Revised: 11/30/94; 10/14/08; 1/19/16