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Handbook of Operating Procedures
Chapter 4 - Personnel General
Previous Publication Date: May 1, 2013
Publication Date: October 1, 2024
Policy Reviewed Date: October 1, 2024
Policy Owner: VP for Business Affairs


4.27 State Compensatory Time


I. 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 of Texas law. State compensatory time is separate from overtime pay under the federal Fair Labor Standards Act (FLSA), which is covered by UTSA HOP policy 4.12.


II. RATIONALE


This policy provides guidelines for the administration of state compensatory time.


III. SCOPE


This policy applies to all Classified, Benefits-Eligible employees, excluding students employed in positions which require student status as a condition for employment. Administrative & Professional (A&P) employees are not eligible for state compensatory time, except as outlined in the below holiday state compensatory time rules, section IX. C.

IV. WEBSITE ADDRESS FOR THIS POLICY


http://www.utsa.edu/hop/chapter4/4.27.html


V. RELATED STATUTES, POLICIES, REQUIREMENTS OR STANDARDS


  1. University of Texas System Policies or the Board of Regents' Rules & Regulation
    1. Board of Regents' Rules & Regulations Rule 30201: Leave Policies
  2. Federal Statutes
    1. The Family and Medical Leave Act (FMLA)
    2. Board of Regents’ Rules & Regulations Rule 30204, Family Leave Pool 
  3. State Statutes
    1. Texas Government Code 659.018
  4. UTSA HOP Policies
    1. UTSA HOP Policy 4.12, Overtime Payments
    2. UTSA HOP Policy 4.29, Hours of Work Staff (Non-Faculty) Employees
  5. Other Policies and Standards
    1. Fair Labor Standards Act

VI. CONTACTS


If you have any questions about HOP 4.27, State Compensatory Time, please contact the following office:

  1. People Excellence
    210-458-4250
    hr@utsa.edu

VII. DEFINITIONS


  1. Administrative and Professional Employee (A&P)
    An A&P employee serves at the pleasure of the President, or their designee, and is considered an at-will employee.
  2. Benefits-Eligible Employee
    An employee who is hired to work at least twenty (20) hours per week for at least four and one-half (4.5) months or longer.
  3. Classified Employee
    An employee appointed to a position in the classified service under one of the official titles in the Classified salary range. The first six (6) months of employment for a classified employee at UTSA is probationary.
  4. Exempt Employee
    An employee who is not covered by the overtime provisions of the Fair Labor Standard Act (FLSA).
  5. 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).

VIII. RESPONSIBILITIES


  1. Employee
    1. Obtains supervisor/management approval to both accrue and use state compensatory time.
    2. Employees must promptly and accurately record all time worked plus use of paid leave time.
  2. Supervisor
    1. Reviews and approves the accrual and use of state compensatory time.

IX. PROCEDURES


  1. Guidelines
    1. Place of employment - An employee may earn state compensatory time for work performed at the employee’s regular or temporarily assigned place of employment. An employee’s personal residence may be considered the regular or temporarily assigned place of employment and may earn state compensatory time for work performed at such residence, subject to advance approval by the employee’s supervisor.
    2. Travel for Official University Business
      1. Time spent traveling for university business is compensable as outlined in Compensable Travel Time for Exempt Classified and Non-Exempt Employees.
  2. State Compensatory Rules
    1. Accrual rules - Before any Benefits-Eligible Classified Employee works in excess of their regularly scheduled hours, the employee must receive approval from their supervisor, when possible.
      1. Exempt Employees (Classified, Benefits Eligible) - State compensatory time is earned when the total number of hours worked plus the total number of hours of paid leave exceeds 40 hours in one work week. State compensatory time is earned on a straight time, hour for hour, basis.
      2. Non-Exempt Employees - When a Non-Exempt Employee does not physically work more than 40 hours in a workweek, but the number of hours physically worked plus the number of holiday hours or other paid leave taken during the workweek exceed 40 hours, the employee is entitled to state compensatory time for each hour exceeding 40 hours.
  3. Holiday State Compensatory Time Rules
    1. Accrual rules
      1. Exempt Employees (Classified and A&P) who work on a holiday, or a skeleton crew day will be granted state compensatory time for each hour worked.
      2. Non-Exempt Employees who work on a holiday or skeleton crew day will earn state compensatory time and/or FLSA overtime, as applicable. If the employee’s combined worked hours and paid leave exceed 40 hours in that workweek the employee would be eligible for state compensatory time. If the employee worked fewer than 40 hours in that workweek, the employee will be paid for hours worked on that holiday and/or skeleton crew day and will not accrue state compensatory time.
  4. Usage Rules
    1. Before an employee uses state compensatory time, approval must be granted by the supervisor. There is no limit to the number of state compensatory hours that may be used in a calendar month.
    2. State compensatory time must be used within 12 months of the end of the workweek in which it was earned or it expires.
    3. State compensatory time is retained when an employee transfers to a new role within UTSA.
    4. State compensatory time does not transfer to another state agency.
    5. The estate of a deceased employee is not paid for unused state compensatory time.
  5. Payment of State Compensatory Time
    1. Exempt Employees - State compensatory time is not paid.
    2. 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 needs of the department.

X. SPECIAL INSTRUCTIONS FOR INITIAL IMPLEMENTATION


None


XI. FORMS AND TOOLS/ONLINE PROCESSES


  1. None

XII. APPENDIX


None


XIII. Dates Approved/Amended


10-01-2024
05-01-2013