Ala. Admin. Code r. 670-X-11-.07

Current through Register Vol. 43, No. 1, October 31, 2024

Section 670-X-11-.07 - Compensatory Time

(1) Notwithstanding any departmental policy to the contrary, it shall be the policy of the State of Alabama to use compensatory time, rather than paid overtime to compensate employees subject to the provisions of the Fair Labor Standards Act for performing overtime work. Departmental overtime policies contrary to the overall state policy must be approved by the State Personnel Board. Approval by the State Personnel Board may be made in those cases where compelling reasons are cited by the appointing authority. Overtime, overtime compensation, and compensatory time are defined by the terms as used in the Fair Labor Standards Act.

(2) Payment for Accumulated Compensatory Time Upon Separation from State Service. Upon separation from state service a nonexempt employee, as defined by the Fair Labor Standards Act, is entitled to be paid for accumulated compensatory time. Employees other than persons designated as law enforcement officers by the Code of Alabama and persons designated as seasonal workers by the State Personnel Department are entitled to be paid for accumulated compensatory time earned but in no event for an amount greater than 240 hours. Those persons defined as law enforcement officers or seasonal employees are entitled to payment for earned accumulated compensatory time upon separation from state service but in no event an amount greater than 480 hours. Under no circumstance shall FLSA exempt employees be entitled to compensatory time or paid overtime without the approval of the Board. Any employee found to violate this rule may be liable for the repayment of the time improperly credited or paid.

(3) Accumulated compensatory time obligations are not transferable from department to department. Any accumulated compensatory time obligation must be liquidated by the department in which the obligation was incurred, prior to the transfer.

(4) Exempt employees, as defined by the Fair Labor Standards Act, are not entitled to compensatory time, unless specified by law or approved by the Board.

(5) Use of Compensatory Time. Accumulated compensatory time shall be used before annual leave is used. Supervisors may require employees to use compensatory time. However, compensatory time may not be granted in order for an employee to engage in any other employment during his scheduled working hours.

Ala. Admin. Code r. 670-X-11-.07

Filed March 19, 1986. Emergency Rule: Filed March 19, 1986.

Amended by Alabama Administrative Monthly Volume XXXIII, Issue No. 08, May 29, 2015, eff. 6/24/2015.

Author:

Statutory Authority:Code of Ala. 1975, § 36-26-9.