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Compensatory Time

Policy Statement

Cape Fear Community College will offer non-exempt employees at the college compensatory time at the rate of one and half times for every hour worked over 40 hours in a scheduled work week.

Procedure

The College awards compensatory time off in lieu of payment for overtime to non-exempt employees at the rate of one-and one-half hours for each hour beyond regularly assigned 40 weekly work hours performed Monday through Friday. If overtime occurs on weekends or holidays, the ratio moves to two to one. Supervisors should make every effort to avoid situations that require a non-exempt employee to exceed the 40-hour workweek. Under no circumstances, should a non-exempt employee schedule overtime work for themselves.

Amount Earned

Compensatory leave is earned only after a non-exempt employee has worked 40 hours during the workweek from 6AM Monday through 6AM the following Monday. Use of vacation, bonus, sick leave, furloughs, compensatory leave, holidays, inclement weather days or use of any other leave plan are not considered as time worked and are therefore not included in the computation of compensatory leave.

The following provisions apply to Overtime Compensatory Time:

• Overtime compensatory time may be accumulated up to a maximum of 240 hours (160 hours straight time). Any overtime worked above this amount shall be paid in the employee’s next regular paycheck.

• Overtime compensatory time off cannot be denied to an employee unless the compensatory time off will unduly disrupt agency operations.

• Overtime compensatory time shall be taken before any vacation or bonus leave (exceptions may be made for retirees in the final month prior to retirement).

• It is the employee’s responsibility to take compensatory leave as soon as possible after it has been earned. Overtime compensatory time off not taken within 365 days of being earned will be paid out in the next paycheck.

• If an employee separates before taking overtime compensatory time, it shall be paid in a lump sum along with unused vacation.

• If an employee changes status to an Exempt-FLSA position, overtime compensatory time shall be paid in the next regular pay period after the effective date of the status change.

Scheduling Compensatory Leave

Employees should make every effort to take all compensatory time off before the end of the pay period in which overtime is worked or within the next pay period.

To schedule compensatory leave, an employee must enter the leave request through the College’s time and leave tracking system. The employee’s request will be routed to their supervisor for approval and granted within a reasonable time provided that the employee’s absence will not unduly disrupt the College’s operations or impose an unreasonable burden on the College’s ability to provide services of acceptable quality and quantity for students and other recipients of its services during the requested absence period.

The determination of what constitutes a reasonable time within which to grant an employee’s request for compensatory leave will be based on customary work practices of the College and the facts and circumstances surrounding the employee’s request for compensatory time. In addition to other relevant factors, the College may consider the following:

1. Whether the employee’s absence will interfere unreasonably with the College’s normal work schedule;

2. Whether the employee’s requested absence period coincides with the College’s anticipated peak workloads based on past experience;

3. Whether the employee’s requested absence period will occur while the College is experiencing emergency needs for staff or services; and,

4. Whether qualified substitute staff is available to perform the employee’s work during his/her requested absence.

Payment in Lieu of Compensatory Time

Employees subject to this policy will not be entitled to cash payment in lieu of compensatory time, except as may be determined in the College’s sole discretion on a case-by-case basis or under the following circumstances:

• Employees will be paid for all overtime compensatory hours earned to the extent that such hours exceed the maximum of 240 hours of compensatory time that may be accrued under this policy.

• Employees will be paid for all overtime compensatory hours earned if not taken within 356 days per the stipulations under this policy referenced above.

• An employee who has any accrued, unused compensatory time when he or she separates from employment with the College will be paid for the compensatory time at a rate not less than the average regular rate received by the employee during the three years immediately preceding his or her separation or the regular rate received by the employee at the time of his or her separation, whichever is greater.

Ship Personnel – Sea Time

The College awards Sea Time to all exempt ship personnel in the Marine Technology Department. Exempt ship personnel earn Sea Time at the rate of one hour for each hour worked beyond regularly assigned 40 hours per week. Sea Time is only accrued for hours worked over 40 hours while at sea.

Amount Earned

Sea Time earned at sea, is accrued after exempt ship personnel have worked 40 hours during the workweek from 6AM Monday through 6AM the following Monday. Use of vacation, bonus, sick leave, furloughs, Sea Time, holidays, inclement weather days or use of any other leave plan are not considered as time worked and are therefore not included in the computation of Sea Time.

The following provisions apply to Sea Time:

• A maximum of 100 hours of Sea Time can carry over into the next calendar year beginning January 1st. An exemption may be approved at the discretion of the President for work completed at a port or shipyard.

• Sea Time should be scheduled through immediate supervisor so not to disrupt college operations.

• Sea Time shall be taken before any vacation or bonus leave.

• Sea Time does not have any monetary value and does not pay out at the end of the calendar year or the end of employment.

• Sea Time cannot be used as creditable service toward retirement.

• Current exempt ship personnel with accrued Compensatory Time must use this time prior to any other vacation, bonus, sick leave or Sea Time.

Scheduling Sea Time

To schedule Sea Time, an employee must enter the leave request through the College’s time and leave tracking system. The employee’s request will be routed to their supervisor for approval and granted within a reasonable time. The decision to approve requested Sea Time will be governed by whether the employee’s absence does not unduly disrupt the College’s operations or impose an unreasonable burden on the College’s ability to provide services of acceptable quality and quantity for students and other recipients of its services during the requested absence period. The determination of what constitutes a reasonable time within which to grant an employee’s request for Sea Time will be based on customary work practices of the College and the facts and circumstances surrounding the employee’s request for Sea Time.

In addition to other relevant factors, the College may consider the following:
Whether the employee’s absence will interfere unreasonably with the College’s normal work
schedule;

1. Whether the employee’s requested absence coincides with the College’s anticipated peak workloads based on past experience;

2. Whether the employee’s requested absence will occur while the College is experiencing emergency needs for staff or services; and,

3. Whether qualified substitute staff is available to perform the employee’s work during his/her requested absence.

Payment in Lieu of Sea Time

Employees subject to this policy will NOT be entitled to cash payment in lieu of Sea Time. An employee who has any accrued, unused Sea Time when he or she separates from employment with the College will not be paid for such time as this leave has no monetary value.

Non-Exempt Ship Personnel – Compensatory Time

The College awards compensatory time off in lieu of payment for overtime to non-exempt employees at the rate of one and one-half hours for each hour beyond regularly assigned 40 weekly work hours performed from 6AM Monday through 6AM the following Monday. If overtime occurs on weekends or holidays; the ratio moves to two to one for weekend/holiday hours only. Supervisors should make every effort to avoid situations that require a non-exempt employee to exceed the 40-hour workweek. Under nocircumstance,should a non-exempt employee schedule overtime work for themselves.

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