Human Resources

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I. POLICY STATEMENT

The University of Wisconsin-La Crosse (University) has established a policy for the accrual and use of overtime and overtime compensatory leave. It is the policy of the University to provide Overtime Compensatory Leave for overtime hours worked in excess of 40 hours during the established workweek. The accrual and use of Overtime by University Staff (classified) must be preapproved by the vice chancellor for the division in which the employee works.  The University provides overtime cash payment only in rare situations which have been pre-approved by the Budget Office.  The University shall comply with all regulatory requirements associated with the accrual and use of overtime and other compensatory leave.

II. REASON FOR POLICY

This policy serves to outline the procedures used to document the earning and use of overtime and overtime compensatory leave credits.

III. APPLICABILITY AND/OR ACCOUNTABILITY

This policy applies to University Staff (classified) only.

IV. DEFINITION OF TERMS

A. FLSA Non-Exempt Classification: A class which, based on the duties performed and manner of compensation, is “not exempt” from the Fair Labor Standards Act and in which the employee is eligible to receive overtime or overtime compensatory leave at 1 ½ times for hours worked over 40 in the calendar week beginning Sunday at 12:01am and ending on Saturday at 12:00 midnight.

B. FLSA Exempt Classification: A class which, based on the duties performed and manner of compensation, is “exempt” from the Fair Labor Standards Act minimum wage and overtime requirements.

C. Overtime: Hours of actual work required to be performed by a non-exempt employee in excess of 40 hours during the established workweek or in excess of the number of hours indicated in an extended period approved by the Chancellor. The term "hours of actual work" excludes leave taken and/or holidays occurring during the workweek.

D. Overtime Compensatory Leave Earned: Leave earned by an employee in a classified leave-earning position when the required hours of work exceed 40. Overtime Compensatory Leave is earned at time and one-half. For example, 40 hours of overtime worked results in the employee earning the maximum number of overtime compensatory leave hours of 60. Under no circumstances may an employee accrue more than 80 hours of compensatory leave at any point in time.

V. PROCEDURES

A. The employee must secure approval from the supervisor and division vice chancellor prior to actually working overtime or as outlined in a departmental process or procedure. Overtime work, however, is considered compensable even if not authorized but may be subject to corrective action.   When assigning or approving overtime work, the supervisor should attempt to adjust the employee’s workweek schedule if possible to avoid the earning of overtime or overtime compensatory leave.

B. On the appropriate University Staff (classified) timesheet, the employee records all hours worked including those in excess of the normal work hours.  Once the University Staff (classified) timesheet is completed by the employee and supervisor, both parties must acknowledge that the document is true and accurate. If the payment of overtime, rather than the accrual of compensatory leave, has been preapproved by the Budget Office, it must be noted on the timesheet. The timesheet is submitted to Human Resources. Human Resources cannot process the document until all areas are complete, including signatures. If an employee is physically unavailable to sign the form, the supervisor should note this on the form and send it to Human Resources for processing according to the approved payroll calendar. The payment of overtime is indicated on the employee’s pay stub as FLSA rate.

C.  Employees will be allowed to accumulate a maximum of 80 hours of compensatory leave credits.  Non-exempt university staff who reach the maximum accrued hours of compensatory time will be paid for any hours that exceed that maximum.

D.  Employees are encouraged to use their accrued compensatory leave hours as soon as practicable and must be used prior to the use of Vacation Leave.  Where a compensatory time balance exists and vacation has been reported, Human Resources will substitute compensatory time on the employee’s time sheet. Any compensatory time credits which are unused by April 30 of the following calendar year will be converted to cash payment and included in the earnings for the pay period that includes May 1.

E.  Upon termination of employment, any unused compensatory leave credit will be converted to cash payment and received by the employee in the final pay check.

F. An overtime eligible employee cannot “volunteer” to do extra work in the unit if payment would otherwise be required in order to get the work accomplished.

University of Wisconsin-La Crosse. New July 2014. Updated March 2017.