Common use of Election of Cash/Compensatory Time Off Clause in Contracts

Election of Cash/Compensatory Time Off. Employees required to work overtime will be able to elect payment in the form of cash or compensatory time off (up to the maximum accrual amount). However, whenever a federally funded program provides for overtime funding for the overtime worked, such compensation will be limited only to that form of payment. In instances where voluntary overtime is offered, the Employer can designate in advance the form of payment (cash or comp). When the form of payment for overtime is cash, it will occur no later than the first (1st) of the second (2nd) month following the calendar month in which the overtime was worked. No application of this Article shall be interpreted to provide for compensation for overtime at a rate exceeding time and one-half (1 ½) or to effect “pyramiding” of overtime and callback penalty payments. There shall be a maximum accumulation of one hundred and sixty (160) hours of compensatory leave at any one time in lieu of overtime pay for each employee. An employee whose compensatory leave balance exceeds the accumulation limitation will automatically have such hours paid in cash. Up to sixty (60) hours of compensatory time may be paid off annually at the option of the Employer, except that under no circumstances can the agency reduce the accumulated amount below twenty (20) hours. The usage of compensatory leave shall be governed by the Fair Labor Standards Act but will require a reasonable notice of not less than seven (7) days. Compensatory leave may be used with less than seven (7) days notice at a time mutually agreeable with the employee and the employee’s supervisor. In the case of conflict between two (2) or more employees, the employee first requesting the time will be given preference.

Election of Cash/Compensatory Time Off. Employees required to work overtime will be able to elect payment in the form of cash or compensatory time off (up to the maximum accrual amount). However, whenever a federally funded program provides for overtime funding for the overtime worked, such compensation will be limited only to that form of payment. In instances where voluntary overtime is offered, the Employer can designate in advance the form of payment (cash or comp). When the form of payment for overtime is cash, it will occur no later than the first (1st) of the second (2nd) month following the calendar month in which the overtime was worked. No application of this Article shall be interpreted to provide for compensation for overtime at a rate exceeding time and one-half (1 ½) or to effect “pyramiding” of overtime and callback penalty payments. There shall be a maximum accumulation of one hundred and sixty forty (160140) hours of compensatory leave at any one time in lieu of overtime pay for each employee. Effective June 30, 2013 at 11:59PM, the maximum accumulation of compensatory time off will be increased to one hundred and sixty (160) hours. An employee whose compensatory leave balance exceeds the accumulation limitation will automatically have such hours paid in cash. Up to sixty (60) hours of compensatory time may be paid off annually at the option of the Employer, except that under no circumstances can the agency reduce the accumulated amount below twenty (20) hours. The usage of compensatory leave shall be governed by the Fair Labor Standards Act but will require a reasonable notice of not less than seven (7) days. Compensatory leave may be used with less than seven (7) days notice at a time mutually agreeable with the employee and the employee’s employee‟s supervisor. In the case of conflict between two (2) or more employees, the employee first requesting the time will be given preference.