Overtime Leave

It is the University’s objective to provide a uniform policy for the payment of overtime leave, when the payment of such leave is appropriate.

I. Employees to Whom Policy Applies

This policy applies to full-time and part-time classified salaried employees and University staff who are non-exempt (i.e., covered by the Fair Labor Standards Act) and thereby entitled to overtime compensation for overtime hours worked. (See Types of Employment policy.)

II. Purpose of Overtime Leave

1. An employee covered by the Fair Labor Standards Act who works more than 40 hours in any workweek may elect to receive overtime leave instead of overtime compensation.
   NOTE: An alternate workweek or work period may be established for hospital, law enforcement (including corrections officers and game wardens) and fire protection employees, in accordance with the provisions of the Fair Labor Standards Act. For these employees, overtime work will be compensated after the requisite workweek or work period has been actually worked.
    
2. Overtime leave may be granted as an alternative to the payment of overtime compensation at the employee's election and with the consent of management.
    
3. Departments preferring to use overtime leave must provide written notification to affected employees prior to the performance of the overtime work. It is not necessary to inform employees each time they work overtime, if there is a departmental policy which states when overtime leave will be granted in lieu of overtime compensation, unless employees request otherwise. However, if a department has opted to offer overtime leave, and an employee prefers payment rather than overtime leave, the department, at its discretion may pay the overtime.

III. Accrual of Overtime Leave

1. Rate of overtime leave
   The rate of overtime leave is one and one-half hours of leave for every hour worked over 40 in any workweek. As noted above, departments may adopt an alternate workweek or work period for employees in hospital, law enforcement (including corrections officers and game wardens), and fire protection positions, pursuant to the Fair Labor Standards Act.
    
2. Maximum amount of accrued overtime leave
   The University may establish a maximum amount of overtime leave that an employee is allowed to accrue. When an employee accrues the maximum amount of overtime leave, he or she will not be allowed to accrue additional overtime leave, but will be compensated for overtime worked past that point.
    
3. Overtime leave not to exceed 240 hours
   In no instance shall an employee's overtime leave balance exceed 240 hours, unless the employee holds a non-exempt public safety, emergency or seasonal position, in which case his or her overtime leave balance shall not exceed 480 hours.
    
4. Duration of overtime leave
   Overtime leave does not lapse, but is subject to a maximum accrued amount, as described above. Management may reschedule employees during the workweek or work period so that no overtime is worked.

IV. Approval of Overtime Leave

1. Management’s Approval
   An employee must receive approval from management regarding the scheduling of overtime leave. Failure to obtain approval, however, will not remove the University's obligation to compensate an eligible employee for overtime worked.
    
2. Scheduling of leave
   Management should attempt to approve leave at the time requested by the employee, but has discretion to approve leave for a different time if required by departmental needs

V. Treatment of Accrued Overtime Leave Upon Change of Status

1. Payment when leaving state service or moving to different agency
    
   1. Full lump sum payment
       
      1. An employee shall be paid in a lump sum for the full amount of his or her accrued overtime leave balance when the employee:
         a. leaves the University by resignation (including resignation from layoff status), retirement, layoff, discharge, or death; or
          
      2. is transferred from one state agency to another.
          
   2. Payment upon employee's death
      Payment upon an employee's death shall be made to the Administrator or Executor/Executrix of the employee's estate. If there is no Administrator or Executor, payment shall go to the surviving spouse, or if none, to the next of kin in accordance with section 64.1-123 of the Code of Virginia. Payment may be held for 60 days.
       
   3. Rate of payment
      Overtime leave balances must be paid at the employee's ending hourly pay rate or the employee's average hourly pay rate over the last three continuous years of employment, whichever is higher.
       
2. Retention of accrued overtime leave
   When an employee is transferred, promoted, or demoted to another salaried position within the University, the employee will retain his or her accrued overtime leave.
    
3. Impact of Military Leave on overtime leave
   At the employee’s option, all or part of overtime leave balances may be:
   • Applied to the period of absence due to military service;
   • Paid up to the allowable payment limit at the time of placement on leave without pay; and/or
   • Retained until reinstatement from military leave without pay.
     
     Note: At the employee’s option, payment may be made in either:
     a) lump sum or
     b) payment on the regular payroll schedule