Common use of Exclusion of Leave from Hours Actually Worked Clause in Contracts

Exclusion of Leave from Hours Actually Worked. Notwithstanding any other policy, practice, rule, regulation or Memorandum of Agreement provision (except Section 3, “Call-Back Work”) to the contrary, any absence including, but not limited to, paid sick leave, disability leave, bereavement leave, vacation, jury duty, reporting for a draft board, compensatory time off or the investigation, preparation or presentation of a grievance, or other release time granted for an employee to engage in lawful employee organization activity, or unpaid work furlough or any other paid or unpaid time off which may be infrequent, sporadic or unpredictable, shall not be counted as hours actually worked during a work period when establishing eligibility for any type of overtime compensation. Compensation is defined as either cash payment or compensatory time off, or a combination of cash payment and compensatory time off, in accordance with the overtime code established for the employee's class. Employees shall have their overtime hours computed as follows: Code "N" – (FLSA Covered) Employees covered by FLSA are eligible for overtime at time and one-half cash or compensatory time off. All employees – All employees are eligible for a minimum of three (3) hours call-back overtime at time and one-half cash or compensatory time off (4.5 hours). Code "E" – (FLSA Exempt) Employees exempt from FLSA are eligible for straight cash or compensatory time off. Appendix “B” of this Agreement sets forth the overtime codes for each class. The decision to pay for overtime in cash or compensatory time off shall be at the discretion of the appointing authority.

Exclusion of Leave from Hours Actually Worked. Notwithstanding any other policy, practice, rule, regulation or Memorandum of Agreement provision (except Section 3, “Call-Back Work”) to the contrary, any absence including, but not limited to, paid sick leave, disability leave, bereavement leave, vacation, jury duty, reporting for a draft board, compensatory time off or the investigation, preparation or presentation of a grievance, or other release time granted for an employee to engage in lawful employee organization activity, or unpaid work furlough or any other paid or unpaid time off which may be infrequent, sporadic or unpredictable, shall not be counted as hours actually worked during a work period when establishing eligibility for any type of overtime compensation. Compensation is defined as either cash payment or compensatory time off, or a combination of cash payment and compensatory time off, in accordance with the overtime code established for the employee's class. The decision to pay for overtime worked in cash or compensatory time off shall be at the reasonable discretion of the appointing authority. Employees may request in advance their preference for cash or compensatory time off. The appointing authority shall grant the request if it meets the operational and/or funding needs of the Department. The decision of the Appointing Authority or Designee is final. An employee shall not be denied overtime opportunities due to requested preferences made pursuant to this section. Employees shall have their overtime hours computed as follows: Code "N" – (FLSA Covered) Employees covered by FLSA are eligible for overtime at time and one-half cash or compensatory time off. All employees – All employees are eligible for a minimum of three (3) hours call-back overtime at time and one-half cash or compensatory time off (4.5 hours). Code "E" – (FLSA Exempt) Employees exempt from FLSA are eligible for straight cash or compensatory time off. Appendix “B” of this Agreement sets forth the overtime codes for each class. The decision to pay for overtime in cash or compensatory time off shall be at the discretion of the appointing authority.