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Chapter 11 - Overtime Leave (OTE)

 
11.0 OVERTIME LEAVE (OTE)

11.1 Purpose
11.2 Guidelines
11.2.1 Overtime Leave v. Overtime Pay
11.2.2 Definitions
11.2.3 Accrual of Overtime Leave
11.2.4 Effect of Status Change
11.3 References


11.0 OVERTIME LEAVE (OTE)

11.1 Purpose
To provide an alternative to overtime pay for hours worked over 40 hours in a workweek by a non-exempt employee.

11.2 Guidelines
These guidelines apply to full-time and part-time classified and university staff. This is paid leave for eligible employees having worked more than 40 hours in a workweek.

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11.2.1 Overtime Leave v. Overtime Pay

  1. An employee may elect overtime leave as an alternative to overtime pay with the consent of management.
  2. Departments preferring to use overtime leave must provide notification to affected employees prior to the performance of the overtime work. It is not necessary to inform employees each time they work overtime, if there is a departmental policy that states that overtime leave will be granted in lieu of overtime pay.
  3. Work schedules may be adjusted so that no overtime is worked.

NOTE: An alternate work schedule may be established for law enforcement employees, in accordance with the provisions of the Fair Labor Standards Act. For these employees, overtime work will be compensated after the requisite work schedule has been actually worked.

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11.2.2 Definitions

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

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11.2.3 Accrual of Overtime Leave

Overtime leave is earned at the rate of one and one-half hours of leave for every hour worked over 40 in any workweek; and for law enforcement employees, after the completion of the established work schedule.
  1. Maximum overtime leave is 240 hours.
    Once an employee reaches 240 hours overtime leave, additional overtime hours must be paid. (For law enforcement this maximum is 480 hours.)
  2. Overtime leave does not lapse.

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11.2.4 Effect of Status Change

  1. An employee will be paid for accrued overtime leave when they
    • leave state service by resignation, retirement, layoff, termination, death; or
    • are transferred, promoted, or demoted from one state agency to another.

 

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11.3 References

  • Virginia Department of Human Resources Policy 3.15 Overtime Leave

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