Old Dominion University
Department of Human Resources

Alcohol and Drug Testing Policy
Alternate Work Schedule
Americans With Disabilities Act
Discrimination Complaint Procedure
Drug and Alcohol Policy
Employee Benefits
Grievance Procedure
Hours of Work
Inclement Weather/Emergency Closings
Internet and Electronic Communications System
Layoff Policy
Performance Management Process
Performance Planning and Evaluation
Probationary Period
Recognition Programs
Separation Notification Requirements
Severance Benefits
Smoking Policy
Solicitation Policy
Standards of Conduct
Telecommuting Policy
Temporary Work Force Reduction
Threat Management/Workplace Violence
Workplace Harassment
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HOURS OF WORK

A. WORK SCHEDULE

Full-time classified employees work a minimum of 40 hours per week. The standard university workweek begins at 12:00 a.m. on Sunday and ends at midnight on the following Saturday. Exceptions to the standard workweek maybe requested to and approved by the Department of Human Resources.

Normal university business hours are 8 a.m. to 5 p.m., Monday through Friday. Employees working in certain activities (library, public safety, facilities management, and athletics) may work nonstandard shifts or workweeks.

All classified employees are normally entitled to a one-hour daily lunch break. At the discretion of your supervisor, you may also be granted two 15-minute breaks each eight-hour workday.

It is your responsibility to call your supervisor when you expect to be absent or late for work. Some departments may have unique notification guidelines. Check with your supervisor on your department's proper notification procedures.

B. ALTERNATE WORK HOURS

Alternate work hours may be necessary in some instances to provide effective services to the university community. As far as practicable, the University also tries to provide employees with a work schedule that is flexible enough to allow an opportunity for some personal work hour preference.

Departments may allow employees to stagger their starting and ending work times, or a compressed workweek. Once the work schedule has been approved, the employee must follow that schedule unless the supervisor has approved a change.

C. HOLIDAYS

The University typically observes the twelve state-approved holidays each year. :A list of the exact calendar days of the holidays is distributed each year, usually in January. University holidays do not always coincide with state holidays because the staff is needed to keep the University operating when students are present. The Governor may authorize state offices and agencies to close early on certain days. You may be given compensatory leave credit when these closings coincide with university holidays or an additional holiday may be granted, when possible. In order to receive holiday pay, employees must either work or be on paid leave the workday before and the workday after the holiday. If an employee is in a leave without pay status for any portion of the workday before or the workday after the holiday, they are ineligible for holiday pay.

D. OVERTIME

The Federal Fair Labor Standards Act (FLSA) requires that State employees, except those considered exempt from the law, be paid one and one-half times their usual hourly rates for any hours worked in excess of the standard 40-hour workweek, or receive overtime leave at a rate of one and one-half hours for each overtime hour worked. All university employees are classified as "exempt" or "non-exempt" which establishes eligibility for overtime compensation under the FLSA. Non-exempt employees are normally assigned to pay grades one through eight. Exempt employees are not subject to the guidelines of FLSA and usually hold management or professional positions.

Religious Holidays

Supervisors should make reasonable accommodations for the religious holiday needs of employees, unless the leave will result in undue hardship for the department or university operations. Employees should request leave in advance. Time off for religious holidays is charged to the employee's accrued annual, compensatory, or overtime leave balances, or leave without pay, as appropriate.

EXEMPT EMPLOYEES

The following wage and hour rules apply to exempt employees only:

>Compensatory Leave

1. Compensatory leave will be authorized only when it is essential for the effective management of the University. It will not be used to accomplish normal operating duties. Under no conditions will exempt employees receive one and one-half times their usual hourly rates or overtime leave.
2. All exempt university employees are prohibited from earning compensatory leave except in accordance with the following exceptions:

a. Irrespective of the position held, compensatory leave may be credited when a holiday falls on a scheduled rest day, or is not observed by the employee because all other employees in his or her unit are required to work on the holiday.

b. In unusual situations, where at the specific direction of the supervisor, an exempt employee (grade 9 and above) works exceptionally long hours to meet the requirements of a critical or emergency situation, supervisors may credit compensatory leave.

c. Incumbents of positions (grade 9 and above) which have significant seasonal or cyclical increases and decreases in work hours may be awarded compensatory leave. Such authorization may only be approved by the appropriate vice president in advance.

3. Other than noted in the above exceptions, compensatory leave will not be credited to any employee in a position in which the employee independently determines the need for the extra hours or in which administrative or professional responsibility for work accomplishment without regard for schedule is implicit.

4. Compensatory leave expires if not taken within 12 months of the date it is earned. Maximum accumulation of compensatory leave credits is 80 hours.

>Additional Straight Time Pay

Exempt employees are not normally compensated for hours worked beyond 40 in the workweek. Also, the State Department of Personnel and Training no longer permits new authorizations to award straight time pay.

Exempt employees in positions previously authorized to receive straight time pay may continue to be compensated in this manner. Additional hours will be documented on the employee's time and attendance record and forwarded to Payroll for processing.

NON-EXEMPT EMPLOYEES
The following wage and hour rules apply to non-exempt employees only:

>Overtime Pay and Leave

  • Non-exempt employees will only be scheduled by management to work overtime when it is essential for the effective management of the University.
  • Non-exempt employees are not allowed to work overtime without authorization of management.
  • Managers are responsible for controlling the work hours of non-exempt employees.
  • Non-exempt employees must be advised in advance and agree, in writing, to the form of overtime compensation that they will receive.
  • Overtime Pay - All non-exempt employees must be compensated at one and one-half times their usual hourly rates for any hours worked in excess of 40 during a given workweek.
  • Overtime Leave - Overtime leave may be selected by management as a means for compensating non-exempt employees for overtime work when the employee agrees, in writing, to accept this form of compensation. Non-exempt employees will be compensated at the rate of one and one-half hours leave awarded for each hour worked. Maximum accumulation of overtime leave is 60 hours.

>Additional Straight Time Pay - Non-exempt employees may be compensated with straight time pay for time worked beyond the required hours in a workweek in which no more than 40 hours are worked. This may happen when a university holiday has occurred or when an employee has taken paid leave such as annual, sick, or other approved leave during the workweek.

>Compensatory Leave - Compensatory leave is awarded at a rate of one-hour leave for each hour worked. This type of leave is only applicable to hours worked outside the normal work schedule or on holidays when the total hours actually worked during the workweek is below 40 due to the presence of a holiday or because the employee was on sick, annual, or other approved leave during the workweek. Compensatory leave expires one year from the date that it is earned.

E. TIME CHANGES

  • Daylight Savings Time Changes to Eastern Standard Time – Non-exempt classified employees on duty when Daylight Savings Time changes to Eastern Standard Time will receive one hour overtime pay or be awarded one hour of overtime leave for the extra hour worked during the fall transition. (These employees are entitled to overtime on the basis of total hours for the workweek, including the extra hour worked during the time change). Budget Unit Directors may elect to adjust evening shifts to 8 actual work hours.
  • Eastern Standard Time Changes to Daylight Savings Time – Classified employees who work during the period when Eastern Standard Time changes to Daylight Savings Time receive 8 hours pay for the actual 7 hours worked during the spring transition and must account for the lost hour either by using accumulated leave or working the hour at another time during the same workweek.

F. CALL-BACK PAY

Non-exempt employees returning to work at the explicit direction of management during non-scheduled work hours for emergency purposes will be paid a two-hour call-back minimum. This provision does not apply to designated personnel reporting to work during inclement weather or emergency closings, except in situations where an employee is called back to work to take care of an emergency after being released from work during an inclement weather or emergency closing.

· The two-hour call-back pay minimum is based on the employee's straight time rate; however, the actual rate paid will be based on the rules governing non-exempt employee overtime pay and additional straight time pay.
· Compensation for call-back pay begins when the employee is contacted by management to return to the University.
· The two-hour minimum call-back pay does include transit time to and from the University.
· The two-hour call-back minimum may be applied more than one time on a given day if an employee is called in more than one time.

Exempt employees are not normally authorized minimum call-back pay. However, under unusual conditions, compensatory leave may be granted following the guidelines and procedures established for exempt employee compensatory leave.

G. HOLIDAY PAY POLICY

Non-exempt employees must receive compensation for working on a university holiday.

If a holiday falls on an employee's scheduled rest day, the employee will receive compensatory leave. If a non-exempt employee is required to work extra hours on a university holiday, the employee will receive compensatory leave or, at the employee's option additional straight time pay. For those hours worked on a holiday which would cause the total hours worked during that workweek to exceed 40 hours, the non-exempt employee will receive overtime pay or overtime leave. The supervisor and the non-exempt employee must agree in advance, in writing, on whether the overtime to be worked will be compensated in the form of overtime pay or overtime leave.

Exempt employees may receive compensatory leave for working on a holiday if the holiday falls on the employee's scheduled rest day or if the exempt employee and all other employees in his or her unit are required to work on the holiday.

Compensatory leave must be used within 12 months of the date it was earned.

H. TIME AND ATTENDANCE RECORD KEEPING

All classified employees whose positions are non-exempt from the Fair Labor Standards Act (FLSA) must complete weekly Time and Attendance Forms which are signed by their supervisor and retained in the employee's department. These forms are subject to audit by the Department of Human Resources.

TIME AND ATTENDANCE FORM

Non-exempt from the FLSA means that the employee is eligible for overtime compensation when working in excess of forty (40) hours in the same workweek.

The Time and Attendance Form accounts for each hour worked as well as any types of leave taken per day. Supervisors should reconcile copies of the Leave Activity Reporting Form with the Time and Attendance Forms for the week the leave was taken.

Exempt employees are responsible for completing Leave Activity Reporting Forms for any type of leave used during the pay period.

Click here for further information see Hours of Work, Policy 1.25.