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RULE
8 - HOURS OF WORK AND WORK WEEK
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8.1
General:
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The
different services rendered by and in the different
departments, offices and activities of the City of Sarasota
require that employees work varying days and hours based
on the operational needs of individual Departments.
In order that employees may be compensated equitably,
based upon hours of work in addition to other factors
including ability, duties, and merit; the allocation
of hours and days of normal work are herein established.
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8.2
Allocation of Work Hours:
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The
normal work week shall be forty (40) hours per week.
Such hours of work shall not be construed as either
a fixed minimum or maximum. It is likely that a workload
in excess of that which can be performed within the
hours and/or days of an established work week will be
required from time to time. All employees are expected
to perform the necessary duties when called upon to
do so. It is also possible that part-time work schedules
may become necessary, as provided herein.
The assignment of an employee to work shifts or specific
hours is based on the operational needs of the Departments,
and assignments shall be at the discretion of the Department
Head.
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Non-Exempt Employees:
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The
normal 40-hour work week shall normally be
assigned to non-exempt employees on the personnel
action papers at the time of appointment and
subsequent in-service personnel changes. Assignments
are based on the operational needs of the
Department. Non-exempt employees shall be
paid a weekly salary, unless otherwise approved
by the City Manager or City Auditor and Clerk
for their respective employees.
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Where
there is a significant variation from the
normal 40-hour work week due to the requirement
of other scheduled hours per week, such hours
of work shall be reflected on the personnel
action papers, if applicable.
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| B. |
Exempt
Employees: The payroll register shall indicate
the absences for exempt employees by exception.
Authorized absences from duty for exempt employees
shall be reported on the payroll in the appropriate
column (sick leave, comp time, and other paid
leave) in units of whole hours.
Time off without pay for exempt employees shall
be authorized only after approval of the Human
Resources Director to insure compliance with the
Fair Labor Standards Act.
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8.3
Changes in Work Schedules:
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A. |
Professional,
Administrative and Executive Employees: The normal work
week of professional, administrative and executive employees
shall be at least forty (40) hours.
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B. |
Uniform
Force of the Police Department: Police Officers shall
work shifts as prescribed based on the operational needs
of the Police Department, and/or the negotiated contract
for represented employees, if applicable.
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8.4
Hours of Work and Attendance:
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A. |
Professional,
Administrative and Executive Employees: The normal work week
of professional, administrative and executive employees shall
be at least forty (40) hours.
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B. |
Uniform
Force of the Police Department: Police Officers shall work
shifts as prescribed based on the operational needs of the
Police Department, and/or the negotiated contract for represented
employees, if applicable.
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8.5
Compensation for Hours Worked by Non-Exempt Employees:
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Non-exempt
employees will normally receive straight time pay for
hours worked up to forty (40) in their work week in
compliance with the Fair Labor Standards Act and/or
the negotiated contract for represented employees, if
applicable.
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8.6
Overtime (Scheduled):
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A. |
Approval
for Overtime Work: Eligible employees may be required
to work overtime upon prior approval by their Department
Head. Overtime shall be allocated by the Department as
equally as is practical among the employees in a class
of positions. Where overtime is deemed necessary by the
Department Head, prior approval must be obtained from
the City Manager or City Auditor and Clerk for their respective
employees. Such approval must be submitted to the Department
of Human Resources with the payroll to substantiate payment,
if not previously submitted. Overtime for Police Officers
is authorized based on the operational needs of the Department.
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B. |
Rate
of Overtime Compensation: Authorized work performed
in excess of the normal scheduled work week shall be compensated
at one and one-half (1-1/2) times the employee's straight
time rate of pay in accordance with the Fair Labor Standards
Act and/or Union Agreement, if applicable. Such compensation
shall be included with the pay for the pay period concerned
or the next succeeding pay period.
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C. |
Excepted
Hours in Overtime Compensation: Holiday hours or other
time compensated for and not worked, such as excused hours,
leave time, bereavement leave, shall not be considered
time worked for purposes of computing overtime pay.
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D. |
Work
Time Pay Less Than Forty (40) Hours: Non-exempt
employees who work less than a 40-hour work week shall
be paid straight time pay for authorized hours worked
in excess of their normal work week up to and including
forty (40) hours, and shall be paid time and one-half
for hours worked in excess of forty (40).
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8.7
Overtime Exceptions:
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Overtime
hours worked shall not be recorded for the defined purpose
of monetary payment for exempt employees, except as approved
by the City Manager or City Auditor and Clerk for their
respective employees.
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Overtime hours worked for non-exempt employees shall
be in accordance with the Fair Labor Standards Act.
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8.8
Overtime Compensation for Emergency Work:
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A. |
Non-Exempt
Employees: When emergency work results in overtime
pay for non-exempt employees overtime payments shall
be made in accordance with the Fair Labor Standards
Act and/or the Union Agreement, if applicable, the Department
Head shall request, in writing, approval from the City
Manager or City Auditor and Clerk, for their respective
employees, to pay for such work at the earliest possible
time and such approval shall be attached to the payroll.
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8.9
Rest Periods:
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Rest
periods of not more than fifteen (15) minutes each may
be granted for each employee by the supervisor near
mid-morning and near mid-afternoon, or at corresponding
times during evening or night shifts.
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8.10
Authorization for Overtime Compensation Form:
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Authorization
for Overtime Compensation Form for non-exempt employees
shall be used for additional hours of work that cannot
be anticipated, scheduled or reflected on the personnel
action papers.
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8.11
Ordered Extra Duty:
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The
City may require employees to return to work on other
than their regularly assigned shifts. For such Ordered
Extra Duty, the eligible employee shall either receive
a minimum of two (2) hours of pay at time and one-half
(1-1/2), or the equivalent thereof in compensatory time
off as provided in Rule 8 of these Rules and Regulations.
Such time shall not be counted as time worked for any
other overtime purposes.
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8.12
Compensatory Time Off for Exempt Employees:
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When
exempt employees are directed to work beyond their regularly
scheduled hours, they may be eligible to receive compensatory
time off based on straight time when this duty is directed
and approved by the appropriate Department Head. Any authorized
additional duty must be approved and recorded by the individual
department. The employee may use compensatory time in
the manner approved by the appropriate Department Head.
The maximum that may be accrued in one (1) fiscal year
is eighty (80) hours. These hours should be used in the
fiscal year earned but upon request can be extended for
ninety days (90) days. If unused during the 90 day extension,
the balance will be forfeited. If, at the sole discretion
of the Department Head, compensatory time cannot be provided
to the employee, the Department Head may recommend that
the affected employee receive payment for compensatory
time at a straight one (1) for one (1) hourly rate. Any
payment for overtime in lieu of compensatory time requires
prior written approval of the City Manager or City Auditor
and Clerk for their respective employees. Nothing herein
requires the City to pay exempt employees for any compensatory
time not used or for any work performed beyond their regular
working hours.
Exempt employees are responsible for maintaining a record
of any compensatory time. All compensatory time recorded
by the exempt employee must be approved by the Department
Head. All compensatory time accrued and taken will be
recorded on the weekly payroll time record in compliance
with other administrative procedures as required by
the City Manager or City Auditor and Clerk, for their
respective employees.
Exceptions to the above policy may be made based on
the operational needs or other legitimate needs of the
City as solely determined by the Department Head and
the Director of Human Resources.
Revised
10/20/2008 |
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