Greetings! This University Policy Spotlight will focus on University Policy 4:10,
Time and Leave Reporting. Please keep reading to learn more about this important policy.
Why is this policy in place?
This policy identifies the time and leave reporting guidelines for employees and sets forth the conditions for overtime compensation at the university in conjunction with applicable state and federal law.
What does this policy say?
The university is under the control and management of the South Dakota Board of Regents (SDBOR), which is considered to be one employer. An employee cannot be both a "paid" employee and a "nonpaid" volunteer while performing the same type of work for the same employer.
Employees are determined to be eligible for overtime based on the duties and level of compensation of the individual position. All overtime hours must be approved prior to the hours being worked.
All employees must submit complete and accurate time and leave records that reflect the date and type of leave time taken for each pay period.
What are my responsibilities regarding timesheet submission?
Employees must complete and submit accurate timesheets prior to the due date each month. Supervisors must review timesheets for accuracy and completeness and approve them prior to the due date each month. Information on when timesheets must be submitted and approved is located in the Employee Dashboard within the Experience portal.
Is there training available for timesheet submission and approval?
Yes. Training sessions are available under the Employee Dashboard Training within the Experience portal. There is training available for timesheet entry, leave requests, supervisor approval of timesheets, etc.
What is considered overtime pay?
Overtime pay is computed as actual hours worked in excess of 40 hours during a work week. The university's standard work week is from 12:00 a.m. Sunday through 11:59 p.m. Saturday.
Can I include holiday hours or leave hours when computing overtime?
No. Holiday hours and leave hours are not considered hours worked when computing overtime. If approved leave or compensatory time is used in any combination with hours worked, and the time totals more than 40 hours during the work week, the leave must be reduced to bring the total hours paid to 40 hours for the week.
Who is eligible for holiday pay?
Holiday pay is eligible only to employees who work at least one shift or are on paid leave during the calendar week of the holiday.
Do all university employees accumulate overtime?
No. Employees who are exempt from the overtime requirements of the Fair Labor Standards Act (FLSA) are not eligible for compensatory time at the university. If you are not sure of your eligibility, you may contact Human Resources for confirmation.
What is the Fair Labor Standards Act?
The Fair Labor Standards Act (FLSA) is a United States labor law that establishes minimum wage, overtime pay, recordkeeping, and youth employment standards for the university and other federal, state, and local governments.
How is overtime compensation paid to qualifying employees?
University employees eligible for overtime compensation will normally be paid in a combination of cash and compensatory time.
What is compensatory time?
Compensatory time, or "comp time," is when an employer provides paid time off to an employee instead of overtime pay for extra hours worked.
Is there a maximum accumulation of compensatory time?
Yes. The maximum accumulation of compensatory time at the university is 80 hours, with the exception of production workers for the College of Agriculture, Food, and Environmental Sciences, who may accrue up to 160 hours. Compensatory time exceeding this maximum must be paid or used. The SDBOR reserves the right to pay cash, at any time, to the employee for any or all accrued compensatory time.
What is inconvenience pay?
Overtime eligible employees, with the exception of employees covered by law enforcement civil service, who have fulfilled both of the following conditions are guaranteed a minimum of 3 hours pay regardless of the hours actually worked if:
- The employee has completed the normal shift and left the workplace; and
- The employee is unexpectedly required to return to work.
Inconvenience pay does not apply if the employee is not required to actually leave their residence for the work site.
If I check my email outside of my normal work hours, is that considered hours worked?
Except with prior approval, overtime eligible employees should not access SDBOR or university electronic systems or email while they are not at work. Use of remote email or other electronic systems is an obligation to compensate. If an overtime eligible employee does utilize email or other electronic systems remotely, they are required to record their time and enter it into the university approved timekeeping system.
What about time spent in travel?
Time spent in travel will be considered hours worked. Layovers at airports where the employee is not free to pursue personal interests are also included as time spent in travel and considered hours worked. Actual meeting time outside of the normal work schedule is also considered hours worked. Hours in which employees are free to do as they please and time spent relaxing and sleeping are not considered hours worked.
When must an employee who is ineligible for overtime need to use leave?
If an overtime ineligible employee is absent from the job for a full day during the period, some type of leave must be taken, unless prior approval for a leave of absence is obtained. Employees must continue to obtain approval from their supervisor prior to an absence from work.
What are the work schedule expectations for an employee who is overtime ineligible?
Supervisors are expected to set the normal working hours and approve time away from the job for employees ineligible for overtime, regardless of whether leave must be taken.
For additional information, please refer to University Policy 4:10. Additionally, you may contact the Office of General Counsel with any questions.
