4.27 State Compensatory Time

1. Policy Statement

The University of Texas at San Antonio (UTSA) permits classified, benefits-eligible employees to earn and use state compensatory time as provided by state law. This policy does not apply to administrative and professional (A&P) employees, except as outlined in D. below.

State compensatory time should not be confused with compensatory time under the federal Fair Labor Standards Act (FLSA), which is covered by a separate policy (UTSA Handbook of Operating Procedures (HOP) policy 4.12,Overtime Payments). Balances for state compensatory time and FLSA compensatory time are maintained separately on time keeping records.

2. Guidelines
   1. Place of Employment

   Under state law, employees may not earn state compensatory time for work performed at any location other than the employee's regular or temporarily assigned place of employment. For state compensatory time purposes, an employee's personal residence may not be considered to be their regular or temporary place of employment.

   2. Travel for Official University Business

   Exempt employees: With supervisory approval, exempt employees may earn state compensatory time for time spent traveling to and from out of town destinations on university business, not to exceed two (2) hours per trip.

   Non-exempt employees: For computation of work time please see: http://www.utsa.edu/hr/Leave/traveltime.html

3. Non Holiday State Compensatory Rules
   1. Accrual Rules
      Before any classified employee works in excess of the hours regularly scheduled to work, he or she must receive approval from their department management.
      1. Full and Part Time (exempt) Employees — If during the UTSA standard workweek, the hours reported (hours worked + hours of paid leave + paid holiday) minus the hours designated to work are greater than the hours designated to work, the employee earns non-holiday state compensatory time on an hour for hour basis for all hours that exceed the hours designated to work.
      2. Full and Part Time (non-exempt) Employees
         1. When an employee does not work more than forty (40) hours in a workweek but the number of hours worked plus the number of hours of holiday or other paid leave taken during the workweek exceeds forty (40) hours, the employee is entitled to compensatory time off at the rate of one hour off for each of the excess hours.
         2. When an employee does work forty (40) or more hours in a workweek and in addition takes holiday or other paid leave during the workweek, the employee earns state compensatory time for the hours reported that exceed the hours actually worked.
         3. When an employee does not work more than forty (40) hours in a workweek and the number of hours worked plus the number of hours of holiday or other paid leave taken during the week does not exceed forty (40) hours, the employee may not accrue compensatory time for the week and therefore the employee must be paid for all hours recorded.
            

      Note: All overtime reported must be used in computing non-holiday state compensatory time whether management approval was obtained or not; however, employees could be subject to disciplinary action for working unauthorized overtime. See HOP policy 4.12, Overtime Payments, for additional information.
      For detailed examples for cmputer state compensatory time: http://www.utsa.edu/hr/docs/comptimeOTInputexamples.pdf.

   2. Usage Rules
Before an employee uses state compensatory time, approval must be granted by the department management.
An employee may not use more than twenty (20) hours of state compensatory time per calendar month.

4. Holiday State Compensatory Time Rules
   1. Accrual Rules
      A benefits-eligible, FLSA exempt employee (whether full or part-time), who works on a holiday or a skeleton crew day, will be granted state compensatory time for the hours worked
      
      A benefits-eligible, FLSA non-exempt, full-time employee, who works on a holiday or skeleton crew day, will be granted state compensatory time for the hours worked. A benefits-eligible, FLSA non-exempt, part-time employee who works on a holiday or skeleton crew day will earn state compensatory time and/or FLSA overtime, as applicable, only if he or she worked and took paid leave that exceeded forty (40) hours in that workweek. If he or she worked fewer than forty (40) hours in that workweek, he or she will be paid for hours worked on that holiday and/or skeleton crew day, and will be paid for the holiday time that they are entitled to, based upon their appointment, but he or she will not accrue state compensatory time.
      
      
      
   2. Usage Rules
      Before an employee uses state compensatory time, approval must be granted by the department management.
      
      
5. Use or Lose Rules for all State Compensatory Time
   1. Transfer of state compensatory time to another state agency is prohibited.
   2. State compensatory time must be used within twelve (12) months of the end of the workweek in which it was earned or it lapses.
   3. State compensatory time is retained when an employee is transferred within UTSA.
   4. The estate of a deceased employee may not be paid for unused state compensatory time.
6. Payment of State Compensatory Time
   1. Full and Part time (exempt) Employees - State Compensatory time is not paid.
   2. Full and Part time (non-exempt) Employees - State Compensatory time may be paid, if the employee previously requested to use the time but was denied because taking the time off would have been disruptive to the departmental needs of UTSA (e.g., teaching, research, business functions, or other critical activities).
7. Employee Responsibilities
   1. Obtain supervisor/management approval to both accrue and use state compensatory time.
   2. Promptly and accurately record, on the weekly time report, all time worked plus use of paid leave or paid holiday time and the use of state compensatory time.
8. Supervisor and Department Responsibilities
   1. The supervisor must review and approve the use of state compensatory time, verify the employee has accurately recorded the use of the time on the time report, and sign the electronic or paper time report.
   2. The department shall maintain the monthly Report of Vacation and Sick Leave of all employees who earn or use state compensatory time.
   3. Questions regarding state compensatory time should be directed to the Human Resources Compensation Department or Employee Relations Department.
      
9. Definitions

Administrative and Professional Employee (A&P) (See: http://www.utsa.edu/hr/emplcompglossary.html)

Benefits-Eligible Employee An employee who is hired to work at least twenty (20) hours per week for four and one-half (4.5) months or longer and who has competitively bid on the position for which they were hired.

Classified Employee An employee appointed to a position in the classified service under one of the official titles in the Classified Pay Plan. The first six (6) months of employment for a classified employee at UTSA is probationary. (Regents' Rules and Regulations, Series 30501)

Exempt Employee An employee who, because of his/her position duties, is exempt from the overtime provisions of the Fair Labor Standards Act (FLSA).

Fair Labor Standards Act of 1938 (FLSA) The federal legislation that established overtime wage requirements and defined specific exempt occupations.

Non-Exempt Employee An employee who, because of his/her position duties, is not exempt from the overtime provisions of the Fair Labor Standards Act (FLSA). Non-exempt employees must receive compensatory time off or overtime pay at a rate of time and one-half for any time worked in excess of 40 hours in a work week. See HOP policy 4.12 Overtime Payments.

UTSA Standard Workweek (See HOP policy 4.29 Hours of Work for Staff (Non-Faculty) Employees)