SPA Time, Attendance

And Basic Leave Policies

Time, Attendance and Basic Leave

• The policies presented here pertain to SPA Exempt and Non-Exempt employees only.

• Please see other links for EPA Non-Faculty Leave Policies and SPA/EPA Non-Faculty Special Leave Programs.

What We Will Cover…

Fair Labor Standards Act (FLSA)

Policies and procedures for Overtime Pay, Equal Time, and Shift Premium

The policies and procedures pertaining to sick and vacation leave

How leave is earned and how it can be used

FLSA

• The Fair Labor Standards Act

establishes:– Minimum wage– Overtime pay– Recordkeeping – Child Labor Standards

FLSA governs full-time, part-time, private, and public employees.

FLSA

• Two designations of SPA (Subject to the State Personnel Act) employees include:– Exempt SPA employees (exempted from FLSA overtime

provisions)– Non-Exempt SPA employees (subject to overtime

provisions)

FLSA

Exempt SPA employees:

Generally work in administrative, managerial and professional positions.

Are not eligible for overtime pay, compensatory (comp time) pay.

Must complete monthly leave sheets to track use of vacation, sick or other forms of leave.

FLSA and State Policies

Non-Exempt SPA employees who work beyond 40 hours in a workweek may accumulate Overtime to be used for future time off at a rate of one and one-half hours for each hour worked beyond 40 hours in a workweek.

Compensatory time may be accumulated up to a maximum of 240 hours and must be taken within twelve months from the date the overtime is performed.

See University Policy 60 – Overtime Work for more details.

FLSA and State Policies

• If Non-Exempt SPA employees travel for business purposes, and the actual travel takes place beyond the regular 40-hour week, employees are granted Equal Time.

• The amount of Equal Time granted equals the total amount of travel time beyond the normal 40-hour week.

•Equal Time should be considered as time earned and may be taken off on a straight-time basis.

FLSA and State Policies

• Non-Exempt SPA employees may be awarded Shift Premium Pay if more than half of the scheduled working hours occur between 4 pm and 8 am on a regularly recurring basis.

• Shift Premium Pay is awarded for all hours worked.

FLSA and State Policies

• Non-Exempt SPA employees must submit a Time Sheet to their supervisors at the end of each month.

• Remember, Time Sheets are official documents. Employees:– Should not keep alternate or secondary time records.– Should not submit Time Sheets that do not accurately

reflect the actual time worked.

FLSA

The Bottom Line

Time Sheets are legal documents. Supervisors should only sign leave/time documents that accurately report

all time worked by employees.

Sick Leave

Sick leave is granted to leave earning employees who are in pay status for one half or more of the regularly scheduled workdays and holidays in the pay period.

Uses of Sick Leave

Illness or injury

Medical appointments

Temporary disability due to childbirth

To care for member of immediate family

Donations to a member of the immediate family under Voluntary Shared Leave

Adoption of a child, limited to a maximum of 30 days for each parent

Spouse Parent Child Brother/Sister Grand/Great Dependents Husband Wife

Biological Adoptive Step Loco Parentis* In-Law

Biological Adoptive Foster Step Legal Ward Loco Parentis* In-Law

Biological Adoptive Step Half In-Law

Parent Child Step In-Law

Living in the employee’s household

Definition of Immediate Family:

Accumulation of Sick Leave

Sick leave is accumulated indefinitely in the employee’s sick leave account for the duration of his/her employment.

Verification of Sick Leave

To avoid abuse of sick leave privileges, the supervisor may request a statement from a medical provider or other acceptable proof.

“Statement fromMedical Doctor”

Leave Charges

Only scheduled work time shall be charged in calculating the amount of leave taken.

Leave to be exhausted shall be in 15 minute increments.

Benefits Continue During Sick Leave

When exhausting leave an employee continues to accumulate leave, is entitled to holidays and is eligible for salary increases during that period.

Sick Leave Transferable

Sick leave may transfer between most state agencies.

There are specific guidelines for transferring agencies, and the agency head must be willing to accept liability.

                                                                                

Separation/Reinstatement

 Unused Sick Leave Shall: Unused Sick Leave May:

Separation Not be paid in terminal leave,Be entered as separation, andBe deducted from final salary check in 15 minute increments if overdrawn.

Be applied towards retirement if eligible to retire within five years and participating in TSERS

Reinstatement Be reinstated when employee returns from authorized leave without pay, andBe reinstated when employee returns within five years from any type of separation

Be reinstated when an employee returns to State employment within five years from SPA employment with a local government*, public school, community college, or technical institute

Retirement Credit

One month credit is allowed for each 20 days of sick leave.

Hours may be obtained from the MyCat system accessed from the WCU website.

Sick Leave Records

Western will:

Maintain monthly records of sick leave for each employee.

Retain leave records for all separated employees for a period of at least five years from date of separation.

Vacation Leave

Vacation Leave Policy

Vacation leave is credited to employees who are in pay status for one-half or more of the regularly scheduled workdays and holidays in the pay period.

Vacation Leave Credits

Years of Total State Service

Hours Granted Each Month

Hours Granted Each Year

Days Granted Each Year

Less than 5 years 9 hrs. 20 mins. 112 14 5 but less than 10years 11 hrs. 20 mins. 136 17 10 but less than 15 years 13 hrs. 20 mins. 160 20 15 but less than 20 years 15 hrs. 20 mins. 184 23 20 years or more 17 hrs. 20 mins. 208 26

Scheduling Leave Vacation leave shall be taken only upon authorization of the

supervisor (or designee).

Employee preference should be considered and schedules worked out bearing in mind individual university needs.

Supervisors should ensure leave is available for their employees

Uses of Vacation Leave

Vacation

Other periods of absence for personal reasons

Absences due to adverse weather conditions

Personal illness (in lieu of sick leave

Illness in the immediate family

Time lost for late reporting

Donations to an employee within the same agency or an immediate family member in another agency

Accumulation of Vacation Leave

Vacation leave may be accumulated without any applicable maximum until December 31 of each year.

On December 31, accumulated leave in excess of 240 hours will be converted to sick leave.

Payment for accumulated leave (upon separation from employment) shall not exceed 240 hours .

Leave Charges

Charged leave shall be in 15 minute increments.                                              

Benefits Continue During Vacation Leave

When exhausting leave an employee continues to accumulate leave, is eligible to take sick leave, is entitled to holidays and is eligible for salary increases during that period.

Options During Leave Without Pay

An employee going on leave without pay may exhaust vacation leave or may retain part or all accumulated leave, except:

When an employee requests leave for vacation purposes, all accumulated vacation leave shall be exhausted before going on leave without pay, or

When an employee requests leave for other personal reasons for a period not to exceed 10 workdays, leave shall be used if available. If longer than 10 workdays, the employee may choose to use vacation leave or retain it for future use.

Leave Request Handling

Separation – Pay for Leave Upon resignation, dismissal, reduction in force, or death,

accumulated vacation leave is paid in a lump sum not to exceed 240 hours (prorated for part-time employees).

Date of separation is the last day worked.

Overdrawn Leave

Overdrawn leave will be deducted from the final salary check.

Retirement Contribution

Retirement deductions shall be made from all leave payments.

                                          

Bonus Leave• Bonus Leave is sometimes granted to employees in lieu of or

in addition to a legislative salary increase.• Bonus Leave may be used for any reason or retained until

separation or retirement.• Bonus Leave used or paid out will have a retirement

contribution deducted.• Bonus Leave effective dates occurred in September 2002,

July 2003, and September 2005.• See Bonus Leave in the State Personnel Policies

You have reached the end of this presentation. For details on the policies mentioned in this presentation, please see the web links contained in this module, or contact the Office of Human Resources at extension 7218.