Compensatory Leave Time & Overtime Pay

If your job is not determined to meet the criteria as executive, administrative, or professional (your personnel administrator in your agency can tell you how your job is designated) in accordance with the Federal Fair Labor Standards Act, and you are paid on a salaried basis, you will be given compensatory leave time for any hours you work beyond your usual hours of duty. Employees in this category are “non-exempt.” If you are paid by the hour or perform “non-exempt” duties (and are a 37.5 hour week employee), you will be paid for the hours worked up to and including 37.5 hours in the week. You will receive compensatory time, on an hour-for-hour basis for hours between 37.5 and 40 in a work week. For hours worked beyond 40 in a workweek, you will be paid time and one-half your regular rate of pay, unless you elect to receive compensatory leave at one and one-half hour for each hour worked over 40. If you elect to receive compensatory leave at time and one-half, this election must remain in effect for a minimum of six months.

If your job is determined to meet the criteria as executive, administrative, or professional, you will be given compensatory leave time for all hours worked in excess of your regular work schedule. This accrual will be on an hour for hour basis. Employees in this category are considered ”exempt” employees – exempt from the overtime provisions of the Fair Labor Standards Act.

When you use your compensatory leave time during the same week you earn it, it does not count as “hours worked” for figuring overtime compensation. As with annual leave, you must request the use of your compensatory leave in advance.

The maximum amount of compensatory time that can be accumulated is 240 hours. Once 240 hours is reached, employees in non-policy making positions will be paid for a block of 50 hours and the balance reduced accordingly. Employees who have accumulated over 150 hours may request a block 50 payment; however, the agency is not required to pay until 240 hours is reached. If you transfer to another agency, you take your compensatory time with you to your new job-just as you do with accumulated sick leave and annual leave.