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Compensatory (Comp) Time

There are two types of Compensatory (Comp) time:

Federal

Applies only to non-exempt employees who actually work more than 40 hours in a workweek and who are not paid for those overtime hours.

Federal comp time is computed at a rate of 1.5 times for each overtime hour worked.

Example: Joe Employee works 2 hours of overtime that falls under the FLSA rules. He is entitled to 3 hours of comp time. There are no statute of limitations and this overtime compensatory time will remain on the books until the employee uses these hours or is paid for them.

State

Applies to exempt and non-exempt employees as follows:

Non-exempt employees

When a non-exempt employee does not work more than forty (40) hours in a workweek but the number of hours actually worked plus the number of hours of holiday or other paid leave taken during the work week exceeds forty (40) hours, the employee is entitled to state compensatory time.

Exempt employees

If during the work week, 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.

State comp time is computed and earned on an hour for hour basis.
State compensatory time must be used within twelve (12) months of the end of the work week in which it was earned or it lapses.

Example #1 (non-exempt): Joseph Non-Exempt did not work more than 40 hours during the work week, but the combination of hours actually worked (38 hours) and any leave time taken (8 hours of paid leave) exceeded his designated work schedule (40). Under the State Comp Time rules, he is entitled to 6 hours of state comp time. 
Formula: 38 worked + 8 hours of paid leave taken = 46. 46 – 40 (hours designated to work) = 6 hours of state comp time earned.

Example #2 (exempt): Janet X. Exempt works 2 hours (for a total of 42 hours) over her designated work schedule (40 hours).  Under the State Comp Time rules, she is entitled to 2 hours of state comp time. 
Formula: 42 hours worked – 40 (hours designated to work) = 2 hours of state comp time earned

Combination

While the rules are mutually exclusive, it is possible for a non-exempt employee to earn both types (Federal and State) during the same workweek.

More detailed information regarding comp time is contained in UTSA University Policy - See HOP - Handbook Of Operating Procedures 4.27


Updated: June 15, 2015