Overtime Compensation Policy
Provide guidance concerning overtime compensation for hourly (non-exempt) employees and their supervisors.
Hourly (non-exempt) employees.
University policies related to overtime compensation are established pursuant to the Fair Labor Standards Act (FLSA). The University reserves the option to either allow compensatory time or pay overtime to eligible employees under FLSA. The University compensates regular hourly (non-exempt) employees for any time worked over 40 hours with compensatory time. Temporary hourly (non-exempt) employees (including students) who work over 40 hours will be compensated monetarily and will not accrue compensatory time.
Hourly (non-exempt) employees are not to work outside their assigned work schedule without advance supervisory authorization.
Student hourly (non-exempt) employees are subject to the appointment limits as established by the University when classes are in session. When classes are not in session, students are not allowed to work over a 40 hour work week. Advance approval from Human Resource Management is required should be an exceptional circumstance, activity, and/or event necessitate overtime for a student hourly (non-exempt) employee.
If an hourly (non-exempt) employee works over 40 hours per week (including holiday credit for eligible employees) without advance supervisory authorization, all time worked must be reported accurately and compensated; however, the employee may be subject to disciplinary action.
Calculation of Compensatory Time or Pay:
Regular hourly (non-exempt) employees will earn compensatory time at one and half times (1.5) their current rate of the reported hours worked over 40 in the University’s defined work week. Payouts of compensatory time balances will be calculated based on the employee's current rate of pay as of the effective date of the payout.
Temporary hourly (non-exempt) employees will be compensated at the rate of one and a half times (1.5) their current rate of pay for any reported hours worked over 40 in the University’s defined work week. Temporary hourly (non-exempt) employees (including students) are not eligible to accrue compensatory time.
University policy allows holiday credit (paid time for a holiday when it is not worked) to count toward the calculation of compensatory time eligibility for regular benefits eligible hourly (non-exempt) employees. No other forms of paid leave will count toward the calculation of compensatory time eligibility (e.g. sick leave, vacation leave). Temporary hourly (non-exempt) employees (including students) are not eligible for holiday credit.
Use of Compensatory Time:
Use of accrued compensatory time is granted for dates requested by the employee provided that the unit is not adversely affected. Supervisors have the authority to determine if the timing or the length of the leave request has an adverse effect on the unit's operations.
Supervisors may require that the employee use compensatory time balances at specified times to reduce the unit's liability. Prior to requiring the use of compensatory time, the supervisor should advise the employee to take steps to reduce the compensatory time balance. Supervisors should give as much advance notice as possible to employees when mandating the use of compensatory time.
Compensatory time usage is reported by the submission of an Absence Request in HR/Pay Self Service.
- Leaving University employment;
- Transferring to another state agency;
- Changing units;
- Changing from non-exempt to exempt status; or
- Moving from a fiscal to an academic year appointment.
- The position/unit from which the employee is departing will be charged for this cost using funding in HR/Pay. No action is required by the employee or supervisor.
Payment of Compensatory Time Employee Request:
Employees wishing to request a payout of compensatory time outside of a mandatory payout must make the request to their supervisor who, in turn, must acquire the appropriate hierarchy and budgetary approval. After approval, the employee must submit an Absence Payout Request in HR/Pay Self Service.
This policy may be superseded by specific arrangements established in existing Memorandum of Agreement when applicable.
Human Resource Management
103 Carruth-O’Leary Hall
1246 W. Campus Road
Lawrence, KS 66045
Non-exempt (hourly): An employee who holds a position that is paid at an hourly rate which makes them eligible for additional compensation when working over 40 hours in the defined work week.
Compensatory Time: Balance of hours available for a regular, hourly (non-exempt) employee to use as paid time off or, in some cases, to be paid out. Compensatory time is accrued at one and a half times (1.5) the hours worked and holiday credit when the employee exceeds 40 hours within a work week.
Overtime Pay: One and a half times (1.5) the hourly rate is paid when a temporary hourly (non-exempt) employee works over 40 hours in a work week.
University's Work Week: The University work week is defined as 12:00 a.m. Sunday to 11:59 p.m. Saturday.
06/17/2021: Updated to include mandatory payout information and clarify compensatory time requirements and restrictions of regular, temporary, and student employees.
07/11/2016: Updated to remove gendered pronouns.
06/21/2016: Updated DLR
- Added option of Compensatory or Overtime Pay in statement
- Added section headers within policy statement
- Added Student Overtime statement
- Added 1.5 hours per hour rate of pay statement
- Deleted last paragraph of calculation statement
- Added 90 hour maximum
- Added transfer statement
- Added Exclusions/Special Circumstances
- Added Definitions
- Changed Human Resources/HR to Human Resource Management/HRM
01/22/2015: Policy formatting cleanup (e.g., bolding, spacing).
07/24/2014: Revised the policy to correct an inaccuracy regarding overtime payment for non-exempt employees hired prior to or after February 1, 1991.