Compensatory Time/Exempt and Non-Exempt Employees
Exempt Administrative and Professional Employees - Employees who are not subject to the Fair Labor Standards Act (FLSA)
Administrative and Professional employees do not earn state compensatory time or FLSA overtime
Exempt Classified Employees - Employees who are not subject to the Fair Labor Standards Act (FLSA)
Employees who are exempt from the FLSA overtime provisions do not accrue overtime for time worked in excess of 40 hours per week; however, such employees may be eligible for state compensatory time off accruable only as straight time for time worked in excess of 40 hours per week. It is solely up to the discretion of the supervisor to grant state compensatory time. earned state compensatory time will not be paid in lieu of time off. Therefore, if a supervisor grants state compensatory time, he/she must allow the employee to take the time off within 12 months from the date the state compensatory time was earned.
Section 659.016(b) of the Texas Government Code contains the following language:
When the sum of hours worked plus holiday or other paid leave taken by a full-time employee during a workweek exceeds 40 hours, and not otherwise, the employee may be allowed to accrue compensatory time for the number of hours that exceeds 40 hours.
When the sum of hours worked plus holiday or other paid leave taken by a part-time employee during a workweek exceeds the number of hours that the part-time employee is designated to work during the workweek, and not otherwise, the employee may be allowed to accrue compensatory time for the number of hours that exceeds the number of hours that the employee is designated to work during the workweek. The compensatory time must be taken during the twelve (12) months period following the end of the work week in which time is accrued. |
TAMU System Regulation 31.01.09 requires that the employee's supervisor authorize in advance all state compensatory time to be earned by the employee. This authorization must be in writing from the supervisor to the employee granting specific hours of state compensatory time on or over a specific date/period for a particular project. The employee's supervisor must also authorize in advance all state compensatory time off to be taken by the employee. When possible, state compensatory time should be taken within the fiscal year in which it is earned.
To ensure consistent application of institutional policy and compliance with applicable provisions of TAMU System Regulation 31.01.09 (Overtime), state compensatory time that is authorized for any exempt employee must be promptly recorded by the supervisor by the end of the work week in which the state compensatory time is earned. "Monthly Time Reports for Exempt/Non-Exempt Employees" is available in the Forms Library, "Payroll" section, under the Business Affairs web page. These compensatory time records must be maintained for a minimum of 48 months and must be readily available for review or for audit within each "exempt" employee's academic or administrative unit. Compensatory time records must be maintained by the department and will be subject to audit.
Non-Exempt Classified Employees - Employees who are subject to the Fair Labor Standards Act
Section 659.015(b) of the Texas Government Code states:
| The employee is entitled to compensation for overtime as provided by federal law and this section. To the extent that this section and the federal law prescribe a different rule for the same circumstance, federal law controls without regard to whether this section or federal law prescribes a stricter rule. |
A non-exempt employee who is required to work hours in excess of 40 hours in a workweek is entitled to compensation for the excess hours. The employee's supervisor must authorize in advance all compensatory time to be earned by the employee. This authorization must be in writing from the supervisor to the employee granting specific hours of compensatory time on or over a specific date/period for a particular project. The employee's supervisor must also authorize in advance all compensatory time off to be taken by the employee. Compensatory time shall be taken within the fiscal year in which it is earned.
To ensure consistent application of institutional policy and compliance with applicable provisions of TAMU System Regulation 31.01.09 (Overtime), compensatory time that is authorized for any non-exempt employee must be promptly recorded by the supervisor by the end of the work week in which the compensatory time is earned. "Monthly Time Report for Exempt/Non-Exempt Employees" is available in the Forms Library, "Payroll" section, under the Business Affairs web page. These compensatory time records must be maintained for a minimum of 48 months and must be readily available for review or for audit within each "non-exempt" employee's academic or administrative unit. Compensatory time records must be maintaned by the department and will be subject to audit.
Section 659.015(c) grants the agency the following options:
- The agency allowing or requiring the employee to take time off at the 1-1/2 hous off for each hour of overtime; or
- At the discretion of the employing agency, in cases in which granting compensatory time off is impractical, the employee receiving pay for the overtime at the rate equal to 1-1/2 times the employee's regular rate of pay.
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Accrual Compensatory Limitations
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The accrual limitation for personnel engaged in public safety or emergency response activities is 480 hours; and the accrual limitation is 240 hours for all other categories of employees. (The 480 hour limit represents 320 hours of actual overtime worked times one and one-half, and the 240 hour limit represents 160 hours of actual overtime worked times the one and one-half rate).
Such compensatory time off shall be granted at a mutually convenient date and time during the twelve month period following the end of the workweek in which such compensatory time is accrued. It is recommended that the compensatory time is taken within the same fisal year in which it was earned.
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Asigned Duty Point for Exempt and Non-Exempt Employees
This provision is contained within the Government Code, Sec.659.018 as follows:
| Except under circumstances specified in the General Appropriations Act, an employee of a stste agency as defined by Section 658.001 may not, for hours worked during any calendar week, accumulate compensatory time off under Section 659.015(f) or 659.016 to the extent that the hours are attributable to work performed at a location other than the employee's regular or temporarily assigned palce of employment. |
Once the employee's compensatory time is earned and recorded by the supervisor, the same recording document should be used to record compensatory time off that is subsequently taken by the employee and approved by the employee's supervisor. An employee's personal residence may not be considered the employee's regular or temporarily assigned place of employment for purposes of earning/accruing compensatory time.
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