RULE 6 - HOURS OF WORK AND WORK WEEK

Introduction - r1 r2 r3 r4 r5 r6 r7 r8 r9 r10 r11 r12 r13 Summary
Purpose (6.1)
Allocation of Work Hours (6.2)
Changes in Work Schedules (6.3)
Rest Periods (6.4)
Overtime (Scheduled) (6.5)
Ordered Extra Duty (6.6
Compensatory Time Off for Exempt Employees (6.7)
Flexible Work Schedule Procedures ("Flex-Time") (6.8)
Compensatory Time Accrual Form
Authorization For Overtime Compensation Form

       

    1. Purpose:
  1. The purpose of this Rule is to clarify the hours of work and identify the various responsibilities of the employee and City as it relates to hours of work.
  2. General: The different services rendered by and in the different departments, offices and activities of the City of Sarasota may require that employees work varying days and hours based on the operational needs of individual Departments.
    1. Allocation of Work Hours:
  1. Regular Work Week: The regular workweek for all full-time employees will be forty (40) hours per week. These "regular" hours of work shall not be construed as either a fixed minimum or maximum. It is possible that these hours may be higher or lower than forty (40) hours on occasion. All employees are expected to perform the necessary duties when called upon to do so by the City. It is also possible that a reduction from full-time to part-time work may become necessary.

All work assigned is based on the operational needs of the Departments. Assignments are made at the sole discretion of the Department Head. No employee shall perform overtime work (i.e., hours beyond 40 hours during the employee’s work week) without receiving prior written approval of the Department Head.

     

  1. Exempt Employees: The payroll register shall indicate the absences for exempt employees by exemption.

    2. Authorized absences from duty for exempt employees shall be reported on the payroll in the appropriate column (sick leave, comp time, and other paid leave) in units of whole hours.

    Time off without pay for exempt employees may be authorized only after receiving approval of the Director of Human Resources to ensure compliance with the Fair Labor Standards Act.

  2. Non-Exempt Employees:
    1. The normal 40-hour workweek applies to non-exempt employees. Non-exempt employees will be paid a salary on a weekly basis, unless the Director of Human Resources and/or City Manager or City Auditor and Clerk, for their respective employees, approves a change.
    2. When the regular 40-hour workweek changes due to the City’s operational needs, the revised schedule of work will be documented.

       

    1. Changes in Work Schedules:
  1. Full-Time: The workday or work week of any employee may be changed to conform to the operational needs of the Department. Changes in hours worked and pay structure must be requested by the Department Head and approved by the Director of Human Resources.
  2. Part-Time: When there is more than one employee in the class of positions affected by a lack of work, probationary appointees will be the first to have their work day or work week reduced to a part-time schedule. If there are no probationary employees, regular employees with the lowest performance evaluation ratings and/or least seniority will have their work or workweek reduced to a part-time schedule.
    1. Rest Periods:
      2.

      Each employee may take two (2) separate rest periods of not more than fifteen (15) minutes each at any time during the day, one rest period taken in the morning, one taken in the afternoon, not to be combined or used to extend a lunch period or to shorten the workday . A rest period is dependent on the departmental work schedule. If an employee does not take or receive a rest period, this does not entitle the employee to be eligible for either flextime or overtime. (See Rule 6.8 B-3)

    2. Overtime (Scheduled):
  1. If overtime is required, and actually performed, Department Heads must notify the Director of Human Resources of the actual number of hours worked. Authorized work performed in excess of forty (40) hours will be compensated at one and one-half (1-1/2) times the employee’s straight time rate of pay in accordance with the Fair Labor Standards Act and/or Union Agreement, if applicable. This compensation will be included with the pay for the pay period at issue or the next succeeding pay period.
  2. Holiday hours or other time compensated for but not actually worked, such as excused hours, leave time, bereavement leave, or other paid time not worked, will not be considered time actually worked for purposes of computing overtime pay.
  3. Overtime hours worked will not be recorded for the purpose of ensuring monetary payment to exempt employees. However, all hours worked beyond an exempt employee’s regularly scheduled work hours, which accrue for the employee, the department must record purposes of compensatory time off and be approved by the Department Head. Overtime hours worked by non-exempt employees shall be recorded and maintained in accordance with the Fair Labor Standards Act.

       

    1. Ordered Extra Duty:
      2.

      The City may require employees to return to work on other than their regularly assigned shifts. For such Ordered Extra Duty, the eligible employee will either receive a minimum of two (2) hours of pay at a rate of time and one-half (1-1/2) the employee’s regular rate of pay, or the equivalent thereof in compensatory time off. This time will not be counted as time worked for any other overtime purposes.

       

    2. Compensatory Time Off for Exempt Employees:
      3.

      When exempt employees are directed to work beyond their regularly scheduled hours, they may be eligible to receive compensatory time off based on straight time when this duty is directed and approved by the appropriate Department Head. Any authorized additional duty must be approved and recorded by the individual department. The employee may use compensatory time in the manner approved by the appropriate Department Head.

      The maximum compensatory time that may be accrued in one (1) fiscal year is eighty (80) hours. These hours may be carried over into the next year and must be used on or before September 30 of the fiscal year following the fiscal year accrued. If carryover hours are not exhausted, the hours not exhausted will be deducted from the balance of any accrued compensatory time. If, at the sole discretion of the Department Head, compensatory time cannot be provided to the employee, the Department Head may recommend that the affected employee receive payment for compensatory time at a straight one (1) hour for one (1) hourly rate. Any payment for overtime in lieu of compensatory time requires prior written approval of the City Manager or City Auditor and Clerk, for their respective employees. Nothing herein requires the City to pay exempt employees for any compensatory time not used or for any work performed beyond their regular working hours.

      Exempt employees are responsible for maintaining a record of any compensatory time. All compensatory time recorded by the exempt employee must be approved by the Department Head. All compensatory time accrued and taken will be recorded on the weekly payroll time record in compliance with other administrative procedures as required by the City Manager or City Auditor and Clerk, for their respective employees.

      Exceptions to the above policy may be made based on the operational or other legitimate needs of the City as solely determined by the Department Heads and the Director of Human Resources.

       

    3. Flexible Work Scheduling Procedures ("Flex-Time"):

     

  1. Definition: The City’s normal business hours are from 8:00 a.m. to 5:00 p.m., Monday through Friday. An employee’s workday usually consists of eight (8) hours work per day, one (1) hour for lunch and two fifteen (15) minute rest periods. To the extent practicable, the work must be done at the employee’s regular workstation. Some City Departments or work groups have varied this workday schedule. This policy affords Department Heads the flexibility to change starting and ending times for their employees’ workday if deemed feasible by the Department Heads.
  2. Purpose:
    1. Department Heads may approve a work schedule for their employee with a start-finish time that differs from the customary 8:00 a.m. to 5:00 p.m. work schedule. Schedules may be changed to enhance customer service, increase productivity, meet workload demands, or other legitimate business-related reasons. When a Department Head approves a flexible work schedule for an employee of that Department, the employee must adhere to this work schedule.

     

  1. Department Heads also have the flexibility to allow an employee to vary his/her schedule in a regular pay period, or the pay period immediately following, i.e., Wednesday through Tuesday, to work on special projects, attend neighborhood meeting and/or City Commission meetings.
  2. "Flex-time" is only for the purpose of allowing variability in an employee’s work schedule for a specific purpose noted above. Flex-time cannot be used for purposes of accruing compensatory time or overtime. Flex-time cannot be used as a substitute for taking accrued paid leave. An employee who does not take a rest period may not use that time for flex-time.
  1. Procedures:
    1. At all times, Department Heads must approve in writing in advance a request for a flexible work schedule.
    2. If an employee is granted flexible time for extra hours worked on one day during a pay period, the hour-for-hour flex-time must be taken during the same pay period.

Examples:

    1. If an employee works four (4) extra hours on Monday, the Department Head may allow that employee to start four (4) hours later the following day.
    2. If an employee is scheduled to work on a Saturday, the Department Head may allow that employee to take the Friday before off.
    1. Flexible scheduling must only be utilized within the existing forty (40) hour workweek.

Examples:

      1. If an employee starts to work at 7:00 a.m. on Tuesday morning, the Department Head may give flexible time to leave at 4:00 p.m. the same day.
      2. If an employee works extra hours, on the last day of a pay period, flexible hours may not be used.
    1. Time keeping procedures will remain the same for non-exempt employees working a normal workweek.
    1. Non-exempt employees utilizing the flexible work schedule must work 40 hours per week.
    2. For flexible time scheduling purposes only, all flex-time hours must be recorded for all employees. Reporting will ensure accurate recording of arrival and departure times, length of workday and days worked.
    3. It is the responsibility of each Department to ensure that time and attendance hours are recorded correctly on weekly payroll sheets. Any discrepancies must be corrected in the following payroll period.
    4. If a non-exempt employee is working under an approved flexible time schedule and works more than eight (8) hours in one day, no overtime or compensatory time will be afforded as long as the employee has not worked more than 40 hours during the employee’s approved flexible workweek.

 

At all times, flexible work scheduling is at the sole discretion of the Department Head. The Department Head is not required to approve a request for flex work schedule.

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