PURPOSE:
To outline procedure relating to the accrual and use of compensatory and substitute time off, as it relates to both exempt and non-exempt employees.
AUTHORITY:
WV State Code 18B-7-11; WV Board of Trustees Series 31, Section 7; WV Board of Trustees Series 62, Sections 4 & 5
ELIGIBILITY:
Full and part-time regular, and temporary classified employees, may be eligible to receive substitute time off (STO). Full and part-time regular and temporary, non-exempt employees are eligible for compensatory time off (CTO) consideration. Employees must receive authorization in advance from the supervisor/director/dean prior to working: additional hours, overtime, on university observed holidays, or during inclement weather closures.
It is a management option to offer CTO/STO in lieu of money as compensation for additional hours worked. Unless otherwise specified, in order for employees to earn CTO or STO the supervisor must offer CTO/STO in lieu of salary prior to the work being performed. There must be a mutual written agreement between the employee and the supervisor confirming the employee�s agreement to be compensated with CTO/STO. The written agreement may be modified at the request of either party, prior to the work being performed. Mutual consent is required for modification. In the absence of such an agreement the employee must be compensated in pay for the authorized hours worked.
DEFINITIONS:
Compensatory Time Off:
Compensatory time off earned by non-exempt employees required to work in excess of forty (40) hours in the work week is at a rate of one-and-one half times the actual hours worked beyond forty (40) [Overtime policy].
Substitute Time Off (STO) for Holidays:
Substitute time off will be earned by eligible employees required to work on a University observed holiday. Nonexempt full and part-time classified employees are entitled to substitute time off at a rate of one-and-one-half times the actual number of hours worked on the observed holiday. Exempt employees who work on an observed holiday will be compensated with substitute time off on an hour-for-hour worked basis (Holiday policy).
Substitute Time Off for Work Performed During Inclement Weather Closures:
Substitute time off may be earned by full time regular classified employees required to work during an inclement weather closure at the rate of one-and-one half times the actual hours worked ( Inclement Weather policy).
Substitute Time Off for Additional Hours Worked:
Substitute time off is earned by full and part time regular non-exempt classified employees required to work in excess of their regular, defined work week up to forty (40) hours on an hour-for-hour worked basis.
Accumulation Rates and Time Frames:
Compensatory Time Off:
Non-exempt employees may accumulate up to 240 hours of CTO, which is 160 actual work hours. Employees whose jobs are in public safety, emergency response or related to seasonal activities may accumulate up to 480 hours of CTO, which is 320 actual work hours.
Employees who have accumulated the maximum amount of CTO allowable must be compensated in pay for all hours worked beyond the allowable limit. CTO must be used within one year of the date it was earned.
Substitute Time Off:
STO will be accumulated consistent with compensatory time off limits (see above). STO must be used within six months from the date it was earned.
Record Keeping:
All CTO/STO earned or used by an employee must be recorded on the official University time sheet form. Any CTO/STO earned must also be submitted with a copy of the written agreement indicating the employee's desire to be compensated in CTO/STO rather than pay, at the end of each month.
The hours of CTO/STO earned should be recorded in the appropriate column on the time sheet not the actual hours worked to earn the CTO/STO. Accurate departmental records should be kept in order for reliable tracking of time earned, used, and the expiration of time limitations.
Employee Use and Scheduling of Accumulated CTO/STO:
Use of CTO/STO by an employee is scheduled and utilized consistent with annual leave guidelines (cross reference Annual Leave policy). Employees wishing to use accumulated CTO/STO may do so by prearranging for time away from work with their immediate supervisor two weeks in advance of the use of the time off, and consistent with departmental guidelines. Employees will use CTO/STO in the same order as it was earned (i.e. first-in = first-out).
When employee requests for use of CTO/STO outnumber available opportunities the supervisor has the discretion to use seniority or other valid criteria as a means of accommodating CTO/STO requests. The approval of CTO/STO use is to be based on operational need in the unit.
Payment of Accumulated CTO/STO:
When an employee has accrued CTO/STO and is then hired by a different unit, the receiving unit may require the employee to use accumulated CTO/STO before beginning their new position, or to receive compensation, at their current regular rate of pay, for their accrued CTO/STO from their originating unit.
If accumulated CTO/STO cannot be used before expiration of the time limitations specified above the employing unit must compensate the employee for the remaining unused CTO/STO at the employees' existing regular rate of pay.
An employee who has accumulated CTO/STO, who terminates employment is entitled to receive payment for the unused CTO/STO at their final regular rate of pay or the average regular rate received by the employee during the first three years of employment, whichever is higher.
Additional Information:
Additional information or questions regarding the accrual of compensatory or substitute time off should be directed to the Classification and Compensation Unit in the Division of Human Resources at 293-5700. Additional information or questions regarding the use of compensatory or substitute time off should be directed to the Employee Relations Unit in the Division of Human Resources at 293-5700.
EFFECTIVE DATE: August 1, 1999
WVU POLICY REFERENCE: http://www.wvu.edu/~adminfin/policies/hr_policies/WVU-HR-06.html