HR - Overtime & Compensatory Time
Overtime & Compensatory Time Administrative Guidelines
As a public school district, support staff who are eligible for overtime pay under the FLSA (Fair Labor Standards Act) or language contained in a CBA (collective bargaining agreement) may be eligible to accrue compensatory time instead of receiving overtime pay. For overtime eligible represented employees, an agreement to accrue compensatory time must be specifically allowed under the terms of the affected CBA. Only SEA's SAEOP and Paraprofessional agreements as well as the Local 609-A, Custodial Engineers and Gardeners agreements contain a compensatory time provision. These collective bargaining agreements can be viewed on the SPS Labor & Employee Relations Collective Bargaining Agreement web page. All other represented employees eligible for overtime must be paid in a timely manner for all hours worked beyond 8 hours in a day and/or 40 hours in a work week.
Neither employees nor Seattle Public Schools may waive their rights or obligations under the Fair Labor Standards Act or agree to accept less or pay less than the required overtime rate.
Compensatory time is accrued in the same way overtime hours are accrued. Any hours worked beyond 8 hours in a day and/or 40 hours in a work week that are accrued as compensatory time, must be counted as 1.5 x each hour worked. Employees who normally work 7 hours or less, would be eligible for overtime for the first hour worked overtime at their regular rate of pay and 1.5x for each hour worked beyond 8 hours. Examples can be found at the end of this guideline.
To receive compensatory time, the appropriate supervisor or manager must arrive at an agreement with an employee who wants to accept compensatory time instead of cash compensation. Such an agreement must be reached prior to the performance of work, and must be entered into voluntarily by the employee. This Agreement must be in writing and signed by both the supervisor/manager and the employee. A copy of the signed Agreement & Authorization Contract, accompanied by the Monthly Compensation Time Form, must be submitted to Human Resources in the monthly time report envelope. Links to The Agreement & Authorization Contract and the Monthly Compensation Time Form are available under More Information at the top of this page.
Compensatory time is subject to the following provisions:
- Must be credited to the employee at the rate of time and one half times all hours worked over 8 hours in a day and/or 40 hours in a workweek.
- Accrued compensatory time may not exceed 240 hours, i.e., 160 hours of overtime worked or lower accrual amounts established by the affected employee's collective bargaining agreement. Accrued compensatory time must be used within the same fiscal year in which it was accrued or must be cashed out at the end of that fiscal year. Any earned compensatory time cannot be forfeited.
- When an employee has reached the maximum accrual of 240 hours compensatory time, all additional overtime hours worked must be paid at the overtime rate of one and one half times the employee's regular rate of pay.
- Upon termination of employment, (retirement and/or resignation) and upon transferring to another unit (with different budget authority), compensatory time will be paid in a lump sum at the overtime rate of one and one half times the employee's regular rate of pay.
Compensatory time may be accrued only for employees eligible for overtime and for hours worked over an 8 hour day and/or 40 hours in a workweek and must be documented in writing and sent to the Payroll office for recordkeeping.
The establishment of any changes in employee work schedules are the responsibility of departmental supervisors and managers - not staff employees. Non-exempt employees may not work overtime without the prior knowledge and approval of the appropriate supervisors and/or managers. Non-exempt, including temporary hourly paid employees should not start working before the beginning of their scheduled time and should not work beyond the ending of their scheduled time without management's prior approval. Also, non-exempt, including temporary hourly paid employees should not be allowed to continue to work at their work stations while having lunch or taking breaks.
It is important for supervisors and/or managers to monitor overtime and compensatory time. If staff employees fail to adhere to overtime and compensatory time guidelines and established working schedules, disciplinary action may be imposed. However, all overtime worked by eligible employees must be compensated, regardless of whether or not it was approved.
Use of Compensatory time: When compensatory time off is used, it must be recorded and reported to Human Resources on the Monthly Compensatory Time Form, so accrued balances can be adjusted. Note: Employees and supervisors/managers need to work together to reach agreement on when compensatory time off can be used or must plan to pay off hours at the end of the fiscal year. However, where the individual's absence would unduly disrupt the department's and/or program's operations, management retains the right to postpone comp time usage. Supervisors/managers are encouraged to work with the employee to determine peak workloads and work out a schedule for when the employee can use their compensatory time off. If an agreement cannot be reached, the supervisor/manager should work with the employee to notify Human Resources to issue payment for the compensatory time and to reduce the accrued balance. Payment will be at the employee's current rate of pay.
Reporting used compensatory time: All hours of agreed to compensatory time will be reported to Human Resources for record-keeping and all usage of compensatory time off will be reported to Human Resources utilizing the Monthly Compensatory Time Form.
