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Chapter 10 - Compensatory Leave for Additional Hours Worked (STOT)

 
10.0 COMPENSATORY LEAVE FOR ADDITIONAL HOURS WORKED (STOT)

10.1 Purpose
10.2 Guidelines
10.2.1 Definitions
10.2.2 Required by Management to Work
10.2.3 Work Must be Authorized
10.2.4 Effect of Status Change
10.3 Resources


10.0 COMPENSATORY LEAVE FOR ADDITIONAL HOURS WORKED (STOT)

10.1 Purpose
To provide paid leave as compensation for additional hours worked during specific times beyond the normal work schedule.

10.2 Guidelines
These guidelines apply to full-time and part-time classified and university staff. This may be paid to eligible employees having worked additional hours in a workweek or accrued as STOT compensatory leave. Leave is earned on an hour-for-hour basis and may be taken for any purpose. Accrued compensatory leave lapses 12 months from the date it is earned. Once lapsed, it may not be used or be paid for.
(See guidelines 5.0 and 7.0 for associated leave)

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10.2.1 Definitions

  1. Exempt employee
    Not subject to the overtime provisions of the Fair Labor Standards Act.
  2. Non-exempt employee
    Subject to the overtime provisions of the Fair Labor Standards Act.

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10.2.2 Required by Management to Work

To earn STOT compensatory leave, a non-exempt employee must be required to work additional hours in a workweek in which a holiday occurs but has worked no more than 40 hours (see overtime leave, guideline 11.0, if more than 40 hours are worked).
An exempt employee may be awarded compensatory leave when required to work more hours in a workweek than is reasonably expected for the accomplishment of the position's duties.
NOTE: This must be approved in advance by Human Resources and/or the Department of Human Resources. This approval is auditable and must be on file in the department.

Meaning of "required to work"
  1. The requirement to work additional hours must be specifically authorized. General or "blanket authorizations" for an employee to work beyond the regularly scheduled hours is not the basis for earning compensatory leave.
  2. Additional work hours are intended only to relieve specific peak workload needs and are not to be authorized to provide for continuous workload requirements.
  3. Additional work hours do not include extra hours that an exempt employee independently determines is necessary to carry out job responsibilities.

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10.2.3 Work Must be Authorized

STOT Compensatory leave should be authorized before the employee works hours that result in compensatory leave.
However, if emergency conditions exist which make it impossible to pre-authorize work that will result in compensatory leave, authorization should be communicated as soon as possible thereafter.

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10.2.4 Effect of Status Change

  1. Employees are paid for accrued STOT compensatory leave when they
    • leave state service by resignation, retirement, layoff, termination, or death; or are transferred, promoted, or demoted from one state agency to another or another department within the agency.
  2. Changing percent of time
    • An employee who changes percent of time retains their balances.
    • An employee who changes percent of time for less than three months freezes the proportionate hours until they resume the former work hours.
  3. Payment option for other changes in status
    • Employees may retain their accrued compensatory leave or may request payment when placed on voluntary leave without pay (not layoff) for three months or more.
    • Employees changing from classified to faculty appointment will be paid for their accrued compensatory leave.
  4. Use of accrued compensatory leave when on military leave without pay
    • An employee on military leave without pay may use their accrued compensatory leave to cover periods of unpaid absence for military duty.

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10.3 Resources

  • Virginia Department of Human Resources Policy 3.10 Compensatory Leave followed by annotations

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