Federal Compensatory Time
If you are not exempt from the Fair Labor Standards Act (non-exempt), you earn federal overtime whenever you work more than 40 hours in a workweek. For non-exempt employees, the UT Dallas workweek begins at 12:01 AM Sunday and ends at 12:00 Midnight the following Saturday. Normally, you will receive one and one-half hour of compensatory time for each hour that you work over 40 hours in a workweek. At your department head’s option, you may be paid for overtime at a rate of one and one-half times your hourly rate instead of receiving compensatory time off. If you work more than eight hours one day, your supervisor may require you to work fewer hours another day during the same workweek to avoid accumulating compensatory time or paying overtime.
You may accumulate up to a total of 240 hours of federal compensatory time. (160 hours worked x 1.5 = 240 hours.) If you work in a public safety, emergency response or seasonal job, you may accumulate up to 480 hours of federal compensatory time. You will be paid for any federal overtime that exceeds these limits. You keep your rights to accumulated federal compensatory time until you use the time or are paid for it. When you leave UT Dallas, you will be paid for remaining federal compensatory time or, with your supervisor’s approval, you may remain on the payroll to use it up.
State Compensatory Time
Non-exempt Employees Subject to FLSA.
If you are a non-exempt employee, and you work less than 40 hours in a workweek, but the combination of hours worked and paid leave or paid holidays hours in that workweek is greater than 40, you are eligible for state compensatory time for the time over 40 hours on an hour for hour basis. The compensatory time off must be used within 12 months of the end of the workweek in which it was earned. You will not be paid for any unused state compensatory time unless the Vice President for your division determines in writing that your taking state compensatory time off within 12 months would be disruptive to critical functions.
FLSA exempt employees do not accrue state compensatory time at UT Dallas.
Holiday Compensatory Time
If you work on an official UT Dallas holiday, you will be allowed compensatory time off during the 12 month period following the date of the holiday. Official UT Dallas holidays always fall Monday through Friday. However, if you are a peace officer commissioned under Subchapter E, Chapter 51 of the Education Code and you are required to work on a national or state holiday that falls on a Saturday or Sunday, you are entitled to holiday compensatory time off. Holiday compensatory time is earned at your straight time rate. The time off must be used within 12 months of the end of the workweek in which it was earned. You will not be paid for any unused holiday compensatory time unless the Vice President for your division determines in writing that your taking holiday compensatory time off within 12 months would be disruptive to critical functions.
Earning and Using Compensatory Time
You may not earn state comp time for any time you work at your home unless you have the advance approval of the President or the President’s designee.
You must always have your supervisor’s permission before working overtime. You must also have your supervisor’s permission before using your accrued federal, state or holiday compensatory time.
In most cases, supervisors will allow you to use your compensatory time when you wish. However, use of requested time off may be denied at times when, in your supervisor’s opinion, your absence would disrupt critical functions of your department.
If you request use of state comp time at least 90 days before it expires, your supervisor must either approve your request or suggest an alternate time you may take it. If you request use of state comp time less than 90 days before it expires, your supervisor must make every effort to accommodate your use of the time, but is not required to allow you to use it if your absence would disrupt critical functions.
If You Are Paid For Your Compensatory Time
If you qualify to be paid for your federal, state or holiday compensatory time, the appropriate rate (either one and one-half times the appropriate hourly rate for federal compensatory time or your hourly rate for state or holiday compensatory time) will be calculated based on your rate of pay on the day(s) when the compensatory time was earned.
For More Information
If you have questions about federal or state compensatory time, ask your supervisor or click on the link below to view the contact information for Human Resources.
If you are a supervisor or department administrator here is a sample of memo you can create for your Vice President's authorization to pay State Comp Time.
§ 659.023 Texas Government Code requires that UTD provide this annual notification to employees.
Last Updated: September 24, 2013