Skip to Search Skip to Global Navigation Skip to Local Navigation Skip to Content
Handbook of Operating Procedures
Chapter 4 - Personnel - General
Publication Date: August 29, 2013
Responsible Executive: VP for Business Affairs


4.29 Hours of Work for Staff (Non-Faculty) Employees


I. POLICY STATEMENT


This policy defines the work week and regular hours of work for staff (non-faculty) employees of the University of Texas at San Antonio (UTSA).     


II. RATIONALE


This policy complies with state and federal regulations, allows for continuity of business services and establishes a base to be used in determining appropriate compensation for staff employees who work over their regular work schedule.


III. SCOPE


This policy applies to all exempt and non-exempt staff employees with regular work schedules of 40 hours per week. 


IV. WEBSITE ADDRESS FOR THIS POLICY


http://www.utsa.edu/hop/chapter4/4-29.html


V. RELATED STATUTES, POLICIES, REQUIREMENTS OR STANDARDS


UTSA or UT System Policies or the Board of Regents' Rules & Regulations

  1. UTSA HOP policy 4.12, Overtime Payments
  2. UTSA HOP policy 4.27, State Compensatory Time
  3. UTSA HOP policy 4.20, Authorized Leave  
  4. UTSA Human Resources Leave Administration

Other Policies & Standards

  1. Texas State Government Code chapter 658 Hours of Labor
  2. Fair Labor Standards Act

VI. CONTACTS


If you have any questions about HOP policy 4.29, Hours of Work for Staff (Non-Faculty) Employees, contact the following office:

Human Resources Department
(210) 458-4250


VII. DEFINITIONS


Calendar Work Week: The calendar work week at UTSA consists of a seven-day period starting on Monday at 12:01 a.m. and ending on the following Sunday at midnight.

Full-time non-faculty employee: An exempt or non-exempt staff employee that is appointed to work 40 hours a week.

Usual operational hours: Monday - Friday, 8:00 a.m. - 5:00 p.m.


VIII. RESPONSIBILITIES


  1. Full-time employee
    1. Report and record all hours worked accurately.
  2. Supervisor
    1. Process all hours worked properly.
    2. Compile and review flex schedules requests for vice president.
    3. Documents approvals for temporary place of employment as needed.
  3. Vice Presidents
    1. Review and approve flex schedule requests
    2. Review and approve requests for temporary places of employment

IX. PROCEDURES


  1. University Standard Schedule
    1. Regular business and staff work hours are 8:00 a.m. to 5:00 p.m. Monday through Friday.
    2. All Full-time employees are required to work 40 hours per calendar work week.
    3. Any change to the usual operational hours of the institution (Monday - Friday, 8:00 a.m. - 5:00 p.m.) requires approval of The University of Texas System or The University of Texas Board of Regents.
  2. Flexible Work Schedules
    1. Flexible work schedules are a department's option, not an employee right; therefore, all supervisors are not required to offer or grant flexible work schedules.  In addition, not all jobs can be adapted to a flexible work schedule.
    2. Vice presidents or their designees have the option of staggering staff work hours as long as the unit remains open between 8:00 a.m. and 5:00 p.m.
    3. Flexible hours are defined as those hours between 7:00 a.m. and 9:30 a.m. for arrival and between 4:00 p.m. and 7:00 p.m. for departure.  
      1. However, during the summer (or other periods during the year) and with the advance approval of the vice presidents or their designees, employees may flex their work schedule (beyond those hours listed) as long as the department is fully operational between the period 8:00 a.m. and 5:00 p.m.
    4. Vice presidents or their designees must pre-approve the implementation and supervision of flexible work schedules in their respective areas.  They will regularly review areas with flexible work schedules to ensure all University service standards and delivery of services is satisfied.
    5. Supervisors should be cautious when developing flexible work schedules for non-exempt employees to ensure they are not scheduled to work more than 40 hours in a work week (Monday-Sunday).
      1. In a single work week, any hours worked more than 40 constitute overtime and the employee must be compensated accordingly; either paid or awarded compensatory time at a time and a half rate. Please refer to HOP policy 4.12 Overtime Payments for more information.
      2. While the following is an example of a popular flex schedule that people utilize, please remember that if such a schedule is worked by non-exempt employees, it has FLSA (Fair Labor Standards Act) overtime implications.

        Week 1 - Work schedule is nine hours Monday through Thursday and eight hours on Friday for a total of 44 hours.

        Week 2 - Work schedule is nine hours Monday through Thursday and off all day Friday for a total of 36 hours.

        While the hours worked average 40 hours per week, the fact that the non-exempt employee works 44 hours in Week 1, he/she would have to be compensated for the four hours of overtime at a time and a half rate.
  3. Place Where Work Performed
    1. An employee of the University shall, during usual operating hours, conduct University business only at the employee’s regular or assigned temporary place of employment unless the employee:
      1. Is traveling; or
      2. Received prior written authorization from the vice president or his/her designee  to perform work elsewhere.
    2. The employee’s personal residence may not be considered the employee’s regular or assigned temporary place of employment without prior written authorization from the vice president or his/her designee.
  4. Meal Breaks (Lunch)
    1. Generally, lunch periods are 60 minutes in duration, unpaid and are taken during the middle of the workday. 
      1. Supervisors may permit or require shorter lunch periods, at least 30 minutes, as long as it does not affect the quantity and quality of service.
      2. Employees who are permitted or required to take shorter lunch periods will be given appropriate compensation or compensatory time off, in compliance with state and federal law. 
      3. Like flexible work schedules, supervisors are not required to offer or grant a modified lunch period. 
    2. During the lunch period, employees are relieved of all work duties and are not paid.
      1. However, should an employee be unable to take a lunch break because of departmental workloads, then the employee shall record this time as time worked. 
    3. Each department may make its own arrangement for scheduling lunch breaks.
    4. Part-time staff: It is recommended that part-time employees working eight hours in any given day take a one-hour lunch break.  This lunch break will be unpaid.
  5. Rest periods (Breaks)
    1. Breaks are considered working time for purposes of pay. If a break is not permitted, an employee is not entitled to additional compensation or compensatory time off because he or she did not take a break.
    2. A break of not more than 15 minutes during the first half of a regular workday and not more than 15 minutes during the second half of a regular workday is a privilege given to Full-time employees. 
      1. Part-time employees who are scheduled to work three hours or more, but less than a full day, will be afforded the privilege of one 15-minute break.
    3. If taking a break interferes with the performance of an employee’s immediate job responsibilities or the efficiency of the department, the employee may be required to work continuously without a break. Such exceptions should be occasional and only on an as-needed basis.
    4. Breaks may not be used to extend the lunch period, to delay starting time, to leave early nor may they be accumulated to provide for a prolonged time off period.
  6. Non-Standard Work Schedules
    1. Vice presidents or their designees may establish non-standard work schedules to meet special operating requirements within their respective area. Under these circumstances, employees may be assigned work schedules other than 8:00 a.m. to 5:00 p.m. and days other than Monday through Friday.
    2. Job descriptions will state when non-standard hours are a condition of employment.
  7. Holiday Schedules
    1. For guidance on how to handle employees who work during a national or state holiday, including skeleton crew days, please refer to HOP policy 4.27 State Compensatory Time.

X. SPECIAL INSTRUCTIONS FOR INITIAL IMPLEMENTATION


None


XI. FORMS AND TOOLS/ONLINE PROCESSES


None


XII. APPENDIX


None