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Handbook of Operating Procedures
Chapter 4 - Personnel General
Publication Date: May 1, 2013
Responsible Executive: 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 should not be confused with compensatory time under the federal Fair Labor Standards Act (FLSA), which is covered by a separate policy (UTSA Handbook of Operating Procedures (HOP) policy 4.12, Overtime Payments). Balances for state compensatory time and FLSA compensatory time are maintained separately on time keeping records. 


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. This policy does not apply to A&P, except as outlined in IX.C below.


IV. WEBSITE ADDRESS FOR THIS POLICY


http://www.utsa.edu/hop/chapter4/4-27.html


V. RELATED STATUTES, POLICIES, REQUIREMENTS OR STANDARDS


UTSA or UT System Policies or the Board of Regents' Rules & Regulations
  1. UTSA HOP policy 4.12, Overtime Payments
  2. UTSA HOP policy 4.29, Hours of Work for Staff (Non-Faculty) Employees
  3. UTSA Human Resources Leave Administration

Other Policies & Standards

  1. Texas Government Code Chapter 659
  2. Fair Labor Standards Act


VI. CONTACTS


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

For questions regarding the interpretation of this policy, please contact:
Employee Relations
210-458-7891

For questions regarding recording state compensatory time, please contact:
Leave Administration
210-458-4031


VII. DEFINITIONS


Administrative and Professional Employee (A&P)
An employee who serves at the pleasure of the president and is considered an at-will employee. He/she must meet one of the criteria listed below:

    1. Has primary responsibility for the management of multiple departments or operating units with the primary focus on strategic and tactical business planning and development, or
    2. Has responsibility for the management and operation of a department or unit within a department and performs one or more of the following: development and administration of policies, programs and internal procedures; development and maintenance of fiscal systems and operations; strategic and tactical business planning and development; facilities planning; recruitment, supervision, and development of professional and support staff, or
    3. Performs duties solely or predominantly of a recognized profession and/or State-licensed profession requiring an advanced degree such as lawyers, physicians, veterinarians, scientists and engineers, or
    4. Has primary responsibility for the creation, development, implementation and maintenance of programs relating to various significant institutional endeavors ,or
    5. Holds a position such as that of a professional librarian, which is excluded by law from the Classified Service.

Benefits-Eligible Employee
An employee who is hired to work at least twenty (20) hours per week for four and one-half (4.5) months or longer and who has competitively bid on the position for which they were hired.

Classified Employee
An employee appointed to a position in the classified service under one of the official titles in the Classified Pay Plan. The first six (6) months of employment for a classified employee at UTSA is probationary. (Regents' Rules and Regulations, Series 30501)

Exempt Employee
An employee, who, because of his/her position duties, is exempt from the overtime provisions of the Fair Labor Standards Act (FLSA).

Fair Labor Standards Act of 1938 (FLSA)
The federal legislation that established overtime wage requirements and defined specific exempt occupations.

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). Non-exempt employees must receive compensatory time off or overtime pay at a rate of time and one-half for any time worked in excess of 40 hours in a work week. See HOP policy 4.12 Overtime Payments.

UTSA Standard Workweek

Regular business and staff work hours are 8:00 a.m. to 5:00 p.m. Monday through Friday. All full-time employees are required to work 40 hours per calendar work week. The calendar work week at UTSA consists of a seven-day period starting on Monday at 12:01 a.m. and ending on the following Sunday at midnight. (For more information, including flexible work schedules,
see HOP policy 4.29 Hours of Work for Staff (Non-Faculty) Employees)


VIII. RESPONSIBILITIES


  1. Employee
    1. Obtains supervisor/management approval to both accrue and use state compensatory time.
    2. Promptly and accurately records, on a weekly time report, all time worked plus use of paid leave or paid holiday time and use of state compensatory time.

  2. Supervisor
    1. Reviews and approves the use of state compensatory time.
    2. Verified the employee has accurately recorded the use of the time on the time report.
    3. Signs the electronic or paper time report.

  3. Department
    1. Maintains the monthly Report of Vacation and Sick Leave of all employees who earn or use state compensatory time.
    2. Contacts the Employee Relations Department for questions regarding this policy.

IX. PROCEDURES


  1. Guidelines
    1. Place of Employment
      Under State law, employees may not earn state compensatory time for work performed at any location other than the employee's regular or temporarily assigned place of employment. For state compensatory time purposes, an employee's personal residence may not be considered to be their regular or temporary place of employment
    2. Travel for Official University Business
      1. Exempt employees: With supervisory approval, exempt employees may earn state compensatory time for time spent traveling to and from out of town destinations on university business, not to exceed two (2) hours per trip.
      2. Non-exempt employees: For computation of work time please see: http://www.utsa.edu/hr/Leave/traveltime.html
  2. Non Holiday State Compensatory Rules
    1. Accrual Rules - Before any classified employee works in excess of their regularly scheduled hours, he/she must receive approval from their supervisor.
      1. Full and Part Time (exempt) Employees - If during the UTSA standard workweek, the hours reported (hours worked + hours of paid leave + paid holiday) minus the hours designated to work are greater than the hours designated to work, the employee earns non-holiday state compensatory time on an hour for hour basis for all hours that exceed the hours designated to work
      2. Full and Part Time (non-exempt) Employees
        1. When an employee does not work more than forty (40) hours in a workweek but the number of hours worked plus the number of hours of holiday or other paid leave taken during the workweek exceeds forty (40) hours, the employee is entitled to compensatory time off at the rate of one hour off for each of the excess hours.
        2. When an employee does work forty (40) or more hours in a workweek and in addition takes holiday or other paid leave during the workweek, the employee earns state compensatory time for the hours reported that exceed the hours actually worked.
        3. When an employee does not work more than forty (40) hours in a workweek and the number of hours worked plus the number of hours of holiday or other paid leave taken during the week does not exceed forty (40) hours, the employee may not accrue compensatory time for the week and therefore the employee must be paid for all hours recorded.

        Note: All overtime reported must be used in computing non-holiday state compensatory time whether management approval was obtained or not; however, employees could be subject to disciplinary action for working unauthorized overtime. See HOP policy 4.12, Overtime Payments, for additional information. For detailed examples of state compensatory time: http://www.utsa.edu/hr/docs/comptimeOTInputexamples.pdf

    2. Usage Rules - Before an employee uses state compensatory time approval must be granted by his/her supervisor.  There is no limit to the number of state compensatory hours that may be used per calendar month.
  3. Holiday State Compensatory Time Rules
    1. Accrual Rules
      1. A benefits-eligible, FLSA exempt employee (whether full or part-time), who works on a holiday or a skeleton crew day, will be granted state compensatory time for the hours worked.
      2. A benefits-eligible, FLSA non-exempt, full-time employee, who works on a holiday or skeleton crew day, will be granted state compensatory time for the hours worked.
      3. A benefits-eligible, FLSA non-exempt, part-time employee who works on a holiday or skeleton crew day will earn state compensatory time and/or FLSA overtime, as applicable, only if he/she worked and took paid leave that exceeded forty (40) hours in that workweek. If he/she worked fewer than forty (40) hours in that workweek, he/she will be paid for hours worked on that holiday and/or skeleton crew day, and will be paid for the holiday time that they are entitled to, based upon their appointment, but will not accrue state compensatory time.
    2. Usage Rules - Before an employee uses state compensatory time, approval must be granted by the department management. There is no limit to the number of state compensatory hours that may be used per calendar month.
  4. Use or Lose for all State Compensatory Time
    1. Transfer of state compensatory time to another state agency is prohibited.
    2. State compensatory time must be used within twelve (12) months of the end of the workweek in which it was earned or it lapses.
    3. State compensatory time is retained when an employee is transferred within UTSA.
    4. The estate of a deceased employee may not be paid for unused state compensatory time.
  5. Payment of State Compensatory Time
    1. Full and Part time (exempt) Employees - State compensatory time is not paid.
    2. Full and Part time (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 departmental needs of UTSA (e.g., teaching, research, business functions, or other critical activities).

X. SPECIAL INSTRUCTIONS FOR INITIAL IMPLEMENTATION


None


XI. FORMS AND TOOLS/ONLINE PROCESSES


Overtime Accrual Examples for State Employees
http://www.utsa.edu/hr/docs/comptimeOTInputexamples.pdf

Information on compensable travel time can be seen here: http://www.utsa.edu/hr/Leave/traveltime.html


XII. APPENDIX


None