Attendance and Hours of Work

Idaho
Department of
Correction

Standard
Operating
Procedure

Human
Resource
Services
Control Number:
206.07.01.001
Version:
1.9
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Adopted:
1-15-2010
Reviewed:
8-26-2010

Title:
Attendance and Hours of Work

This document was approved by Terri Tomisser, director of Human Resource
Services, on 8/26/10 (signature on file).
BOARD OF CORRECTION IDAPA RULE NUMBER
None
POLICY STATEMENT NUMBER 206
Attendance, Work Hours, Leaves, and Workers’ Compensation
POLICY DOCUMENT NUMBER 206
Attendance, Work Hours, Leaves, and Workers’ Compensation
DEFINITIONS
Break: A period of time, up to15 minutes, that an employee may be granted for non-work
related matters without counting the time against any leave balances. The Idaho
Department of Correction (IDOC) is not required to establish or offer breaks.
Classified Employee: Any person appointed to or holding a position in any State of Idaho
agency, which position is subject to the provisions of the merit examination, selection,
retention, promotion, and dismissal requirements of Idaho Code.
Compensatory Time (Comp-time): Overtime that is unpaid and become hours that
accumulate in an earned leave balance for the employee to take time off work with pay at a
later date.
Compressed Work Week: The total hours scheduled in a work week that are condensed
into fewer days, such as four 10 hour days rather than five 8 hour days.
EAP: An Idaho Department of Correction (IDOC) timesheet code used to authorize the
payment of cash for listed earned administrative leave (EAL).
Earned Administrative Leave (EAL): A time code used to reflect hours worked that have
not yet met the definition of overtime, yet need to be tracked, accrued or compensated. EAL
earned is always hour-for-hour when converted to accruals or when paid in cash. EAL
applies to law enforcement (L) coded positions only (e.g., correctional and probation and
parole officers).
Exempt (Non-covered) Employee: Any employee (classified or non-classified) not entitled
to cash compensation for overtime under applicable federal law. This employee earns hour-
for-hour when converted to compensatory time (comp-time).
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Flextime: The flexible scheduling of hours in a day for the purpose of permitting variations
in starting times, meal periods, and departure times from an authorized work schedule.
Full-time Employee: An employee who is scheduled to work a 40 hour work week in an
assigned full-time position. For law enforcement (L) coded positions (e.g., correctional and
probation and parole officers), this is an employee who is scheduled to work 160 hours in a
28 consecutive day period.
Hours Worked: Hours actually spent in the performance of the employee’s job, excluding
holidays, vacation, sick leave or other approved leaves of absence, and excluding on-call
time.
Manager: An employee appointed to manage, direct, and control a designated work unit.
Managers include division chiefs, deputy division chiefs, facility heads, deputy wardens (or
second-in-commands), district managers, designated lieutenants, program managers, or
any appointed unit manager.
Meal Period: A period of time (generally 30 minutes to one hour) when an employee is
relieved of performing all duties during his scheduled work day for a meal or mealtime.
Non-exempt (Covered)Employee: Any employee covered under the Fair Labor Standards
Act (FLSA) overtime provisions who is subject to being paid cash or accruing overtime at
one and one-half (1 ½ ) times his hourly rate of pay for overtime worked.
Non-productive Hours: Hours that are recorded but not for the production of work.
Examples include: administrative leave taken with pay (ADT); compensatory time (comp-
time) taken (CPT); earned administrative leave taken (EAT); Family and Medical Leave Act
(FMLA) leave with comp-time (FMC); FMLA leave with sick (FMS); FMLA leave with
vacation (FMV); FMLA leave without pay (FML); furlough leave without pay (LWF); jury duty
(JUR); leave without pay –other (LWO); military leave taken (MLT); sick leave taken (SIC);
and vacation leave taken (VAC).
Overtime: Hours worked on holidays, and hours worked in excess of 40 hours in a set work
week. For law enforcement (L) coded positions (e.g., correctional and probation and parole
officers), overtime is hours worked in excess of 160 hours in a 28 consecutive day period.
Excluded are hours such as traded time and occasional or sporadic work that is specifically
excluded under federal law.
Portal-to-Portal: Time spent from the employee’s arrival at the worksite to where the
employee actually performs work (e.g., from arrival in the parking lot, to entering the facility
and through security, to arrival at his office, cubicle, post, etc.). This also includes the time
spent replacing and removing equipment (e.g., duty belt, badge, and radio) or leaving his
office, cubicle, post, etc. for departing the worksite. This time does not constitute hours of
work and is not compensable.
Scheduled Absence: An absence that is known, requested, and approved in advance
within acceptable time lines by the employee’s supervisor (or designee).
Unscheduled Absence: An absence that occurs suddenly and is taken without advance
notification or approval (e.g., an unplanned illness, the failure to report to work as
scheduled, tardiness, an on-the-job accident, leaving a post early, abandoning a post or job,
being placed on leave without pay due to an investigation, etc.).
Work Day: The period between the time on any particular day when an employee begins to
perform his primary work duties and the time on that day when he ends his primary work
duties.
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Work Week: A period of seven consecutive days beginning 12:01 a.m. Sunday and ending
12:00 p.m. Saturday.
PURPOSE
The purpose of this standard operating procedure (SOP) is to establish guidelines,
procedures, and expectations to consistently manage employee attendance and hours of
work in accordance with applicable federal law, State of Idaho statutes, and Idaho
Administrative Procedure Act (IDAPA) rules of the Division of Human Resources (DHR) and
Personnel Commission.
SCOPE
This SOP applies to all Idaho Department of Correction (IDOC) employees.
RESPONSIBILITY
Director of Human Resource Services (HRS)
The director of HRS (or designee) is responsible for:
• Providing guidance and interpretation to ensure compliance with the Fair Labor
Standards Act (FLSA) (29 USC 201 et seq.)
• Fulfilling the expectations provided herein
Division Chiefs
Division chiefs (or designees) are responsible for ensuring all attendance and hours of
work (including overtime) procedures are administered and performed in accordance
with the FLSA and as provided herein.
Deputy Division Chiefs
Deputy division chiefs (or designees) are responsible for ensuring all assigned units are
in compliance with guidance provided herein.
Deputy Chief (Budget and Payroll)
The deputy chief with oversight over budget and payroll (or designee) is responsible for:
• Determining available overtime funds for all units
• Generating and distributing the unit funds report
• Monitoring spent overtime budget
• Making budget reconciliation and corrections where needed
Facility Heads
Facility heads (or designees) are responsible for:
• Overseeing and ensuring attendance and hours of work procedures comply with
the guidance provided herein
• Approving overtime budget
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• Functioning as the approving authority for overtime for cash payment, when
needed
Deputy Wardens (or Second-in-Commands)
Deputy wardens (or second-in-commands) are responsible for:
• Implementing attendance and overtime plan for the facility
• Directing the cash for overtime plan within the facility
• Authorizing compensatory time (comp-time) for cash, when requested
• Resolving attendance issues
• Functioning as the final granting authority for overtime conducted in a facility, as
needed. (Deputy wardens may delegate final granting authority to another staff
deputy warden.)
Managers
Managers (or designees) are responsible for:
• Planning work schedules
• Ensuring that supervisors and employees adhere to the procedures provided
herein as directed
• Setting or approving overtime budget
• Directing others in ensuring compliance to overtime standards and processes
• Functioning as the final granting authority for conducting overtime for a unit, as
needed. (Managers may delegate final granting authority to another staff
manager.)
Shift Commanders
Shift commanders (or designees) who staffs, directs, and supervises the assigned shift
employees are responsible for:
• Selecting staff to perform overtime
• Authorizing overtime
• Certifying overtime completed
Budget and Payroll Staff
In some cases, budget and payroll staff are responsible for:
• Obtaining units financial report of overtime funds
• Collaborating with the deputy warden or manager (or equivalents)
• Setting overtime budget by shift or for unit
• Monitoring hours and expenditures
• Reporting compliance or variances
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Supervisors
Supervisors (or designees) are responsible for:
• Managing work schedules, leave accruals, and timesheet authorization
• Checking and reviewing I-time timesheet comments, and verifying with the
documented approver of overtime (e.g., deputy warden, shift commander, or
manager) that overtime was actually approved, (this must be done prior to
approving the timesheet)
• Training employees and enforcing the rules, guidance, and procedures provided
herein
Note: I-time refers to the State of Idaho’s online time entry system.
Payroll Specialist
The payroll specialist (assigned to the Division of Management Services) is responsible
for reviewing and processing I-time submissions, overtime accruals, and cash requests
and centrally making overtime adjustments, as needed.
Employees
Employees are responsible for:
• Reporting to work on time as scheduled
• Being prepared to work
• Accurately reporting their work and leave time in I-time
• Documenting in I-time the approver’s approval to work overtime (e.g., the deputy
warden, shift commander, manager, or supervisor’s name and the number of
overtime hours approved)
• Complying with the procedures provided herein
Table of Contents
General Requirements ......................................................................................................... 6
1. Attendance ..................................................................................................................... 6
2. Fair Labor Standards Act (FLSA) (29 USC 201 et seq.) ................................................. 6
3. Time Reporting ............................................................................................................... 7
Tardiness .................................................................................................................. 8
4. Work Week and Business Hours of Operation ................................................................ 8
Administrative Functions ........................................................................................... 9
Non-administrative Functions ................................................................................... 9
5. Failure to Report to Work (Job Abandonment) ................................................................ 9
6. Hours of Work ................................................................................................................ 9
Work Schedules ....................................................................................................... 9
Leave Sequence ..................................................................................................... 10
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Meal Periods and Breaks ........................................................................................ 10
Travel Time............................................................................................................. 10
Flextime, Compressed Work Week, and Flexplace (Telecommuting) ..................... 11
Work Cycle ............................................................................................................. 11
Vocational Work Projects - Hours of Work .............................................................. 12
Vocational Work Projects - Fire Crews .................................................................... 12
Time Worked for More than One (1) State of Idaho Agency .................................... 13
7. Overtime ....................................................................................................................... 13
Overtime ................................................................................................................. 13
Overtime Reporting ................................................................................................. 13
Overtime Accrual Limitation .................................................................................... 13
Accruals Over Six (6) Months ................................................................................. 14
Overtime Accruals upon Transfer or Separation ..................................................... 14
Cash Payment for Overtime .................................................................................... 14
Cash for EAL (Law Enforcement [L] Coded Positions Only) .................................... 15
Holiday Overtime .................................................................................................... 15
Overtime Waiver ..................................................................................................... 16
References ......................................................................................................................... 16
GENERAL REQUIREMENTS
1. Attendance
All employees are expected to be at their workstation on time, as scheduled, and prepared
to work.
An employee will notify his supervisor (or designee) of any unscheduled absences within
acceptable time lines as defined by his supervisor, immediate manager, or designee.
Failure to report for duty at the assigned time or place or the improper use of sick leave
privileges will result in corrective or disciplinary action in accordance with SOP
205.07.01.001, Corrective and Disciplinary Action.
2. Fair Labor Standards Act (FLSA) (29 USC 201 et seq.)
FLSA was enacted by Congress in 1938 and is under federal wage and hour statutes. The
IDOC will adhere to the FLSA, which establishes standards affecting employees in the
private sector and in federal, state, and local governments.
One (1) of the requirements of the FLSA is for the State of Idaho’s DHR to determine the
exemption status of each position. There are two (2) types of exemptions under the FLSA
overtime provisions: exempt (non-covered) and non-exempt (covered).
A non-exempt (covered) employee will be compensated for all overtime worked either in
cash or in the form of comp-time.
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Non-exempt (covered) employees generally perform operational functions such as routine
clerical duties, maintenance work, and checking and inspecting equipment.
An exempt (non-covered) employee is not paid for overtime worked.
There are three (3) categories under which an employee may be considered exempt (non-
covered): administrative (A), executive (E), and professional (P).
• Administrative (A)—The administrative exemption is for non-manual or office work
directly related to management policies or general business administration. Positions
customarily and regularly exercise independent judgment and discretion more than
50% of the time. Work is performed under general supervision and may require
special training, experience, or knowledge. In Idaho state government, this position
receives overtime compensation in the form of comp-time for each hour of overtime
worked.
• Executive (E)—The executive exemption is for positions whose primary duty is
management of a department or subdivision in addition to exercising independent
judgment and discretion more than 50% of the time. Under the executive exemption,
positions will directly supervise two (2) or more full-time employees and have the
ability to make employment and disciplinary decisions. In Idaho state government,
this position does not receive overtime or comp-time.
• Professional (P)—The professional exemption is for work that requires an advanced
degree and that is original or creative in nature. Independent judgment and discretion
will be exercised in these positions more than 50% of the time. In addition, certain
computer professions will be considered exempt (non-covered) under the
professional exemption when they meet certain criteria and are paid on a salary
basis or an hourly basis that is at least twenty-seven dollars and sixty-three cents
($27.63) and hour. In Idaho state government, this position receives overtime
compensation in the form of comp-time for overtime worked.
More flexibility in scheduling occurs with exempt (non-covered) employees, but all hours
worked will be reported. An exception to this is executive (E) employees who are only
required to report paid leave taken over four (4) hours. If meal periods are interrupted, only
actual time worked is reported. All leave usage will be coded to the proper code for all hours
taken.
The following applies to all employees of the IDOC regardless of classification or exemption
status:
• No volunteer duty—Employees will not volunteer their time in this or other State of
Idaho agencies if they would be performing work similar to their primary State of
Idaho job.
• Working off the clock is prohibited—Employees and supervisors who permit or
engage in working without reporting such time are subject to corrective or disciplinary
action in accordance with SOP 205.07.01.001, Corrective and Disciplinary Action.
(Also see Section 7.)
3. Time Reporting
The IDOC is required by law to maintain accurate records of time worked and leaves taken.
Therefore, responsibilities are outlined as follows:
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• The employee will enter his actual time worked and leave usage in I-time, the State
of Idaho’s online time entry system, which serves as the timesheet record
• The supervisor, immediate manager, or designee will ensure accuracy of the
employee’s timesheet record
• Supervisors (or designees) are responsible for counseling employees regarding the
proper and improper usage and reporting of time. If an employee is found to have
entered a false time or code (see policy 217, Ethics and Standards of Conduct) they
are subject to corrective or disciplinary action in accordance with SOP
205.07.01.001, Corrective and Disciplinary Action
All hours worked, whether authorized or unauthorized, overtime, or scheduled, will be
recorded on the employee’s time sheet, and approved by his supervisor (or designee).
Failure to report time as indicated is a violation of this SOP.
All work and leaves will be reported in hours and fractions of hours. Calculation of time less
than one (1) hour will be measured in tenths of an hour, single digit only. The following table
reflects how time will be reported when an employee has a fraction of an hour to code for
timesheet purposes:
New Coding Requirements:
Minutes worked less
than one hour Enter on a time sheet
as:
1 – 6 minutes .1
7 – 12 minutes .2
13 – 18 minutes .3
19 – 24 minutes .4
25 – 30 minutes .5
31 – 36 minutes .6
37 – 42 minutes .7
43 – 48 minutes .8
49 – 54 minutes .9
55 – 60 minutes 1.0

Tardiness
An employee is tardy when he arrives at his assigned workstation after the scheduled
start time. When an employee is tardy it can be grounds for corrective or disciplinary
action in accordance with SOP 205.07.01.001, Corrective and Disciplinary Action.
Note: Portal-to-portal time will not be used as an excuse for tardiness.
For extenuating circumstances, or valid reasons beyond the control of the employee, his
supervisor (or designee) may allow him flextime within that week.
Managers, supervisors, or designees will be consistent and fair to all employees when
allowing flextime (see section 6).
4. Work Week and Business Hours of Operation
Managers (or designees) will ensure that employee work schedules are first established
using the work week (as defined herein). Managers (or designees) may further establish
shifts and work schedules to meet operational needs.
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Administrative Functions
The business hours of operation for all administrative functions are from 8:00 a.m. to
5:00 p.m. Monday through Friday.
Managers (or designees) will ensure that the work week and business hours of operation
for all administrative functions are in compliance with the work week (as defined herein)
and administrative function business hours of operation.
Non-administrative Functions
The business hours of operation for all non-administrative functions at correctional
facilities and community work centers (CWCs) are 24 hours a day, seven (7) days a
week.
5. Failure to Report to Work (Job Abandonment)
An employee who fails to report to work as scheduled and fails to give any reasons for not
reporting to work for five (5) consecutive work days will be subject to separation for job
abandonment. This includes employees who have been released to return to work by their
medical provider but fail to return within five (5) consecutive work days or give notice.
Before being separated, the employee’s immediate manager (or designee) will send a
registered written notice to the employee’s last known address indicating that the job
abandonment will be recorded as voluntary resignation and allow five (5) consecutive work
days from the receipt of service for the employee to respond.
If an objection is not received within five (5) consecutive work days of receiving the notice,
then the resignation is considered accepted. If the objection is received within the timeline,
then disciplinary action will be pursued in accordance with SOP 205.07.01.001, Corrective
and Disciplinary Action.
6. Hours of Work
Work Schedules
Employee work schedules are established and approved by managers (or designees).
The employee’s immediate manager (or designee) defines the facility’s shift cycles, the
employees’ work schedules, days and hours to work, and reporting times. Changes to
the work schedule are made at the discretion of the employee’s immediate manager (or
designee) in accordance with IDOC policies and procedures.
All employees will be assigned a work schedule, by their immediate manager,
supervisor, or designee, which reflects their work week and hours.
The supervisor (or designee) will approve any scheduled absences or deviations from
the employee’s work schedule within the work week − in advance. For example, if an
employee’s schedule includes a one (1) hour meal period and the employee needs to
leave early, the supervisor (or designee) can grant a one-half (1/2) hour meal period; or,
if an employee needs to work six (6) hours one (1) day and 10 hours the next day, the
change will be approved in advance by his supervisor (or designee).
If a work week, shift, or work schedule is not defined for an employee, the work week or
shift defaults to a 40 hour work week with the standard hours and days of work.
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Leave Sequence
Leave shall be taken in the following order, provided doing so does not cause the
employee to lose vacation leave due to the maximum accrual limits: (1) comp-time,
(2) on-call leave (if eligible), and (3) vacation leave.
Meal Periods and Breaks
Meal Periods
Great care will be taken to ensure non-exempt (covered) employees do not eat meals at
their desks and continue to work or be interrupted by work requests, phone calls, etc. If
such work is expected or permitted by the supervisor (or designee), the entire meal
period will be considered work time.
By FLSA standards, law enforcement (L) coded positions (e.g., correctional and
probation and parole officers) are not required to have a meal period. These employees
are allowed to eat when they can during their eight (8) hour assigned shift; no meal
period is provided.
If an employee is scheduled a meal period, his immediate manager (or designee) will set
the amount of time allowed and also include the specific start time for each employee.
Example: An officer who works from 8 a.m. to 4:30 p.m. and is granted a meal period of
30 minutes will not be allowed to report the meal period as work time. The officer will be
compensated for an eight (8) hour work day only. However, if the officer’s meal period
was cut short (i.e., the officer did not receive at least 20 minutes to eat his meal because
of a work-related need, or if the officer is frequently interrupted for work-related reasons),
the officer will be able to report the meal period as work time and he will be
compensated for an eight and one-half (8 1/2) hour work day.
Example: An officer who works from 8 a.m. to 4 p.m. and eats while on post or eats
while working will be compensated for an eight (8) hour work day only. This same officer,
working the same hours, may be allowed to eat in a break room as long as he returns to
work within 20 minutes. If the officer takes longer than 20 minutes, the extra time will not
be reported as work time.
Breaks
If offered, breaks are compensated as part of the work day and will be limited to two (2)
per eight (8) hour shift, to be structured as follows:
• Not to exceed 15 minutes per break
• Not to be used to extend meal periods
• Not to be connected to arrival or departure time
• In no case will breaks be used to increase actual time worked
Note: Managers (or designees) will establish the practice to be followed for their unit in
granting breaks.
Travel Time
Travel time between home and the employee’s official workstation is a normal incident of
employment and not considered hours worked. Employees required to travel from their
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assigned work location to another work location to perform work will have such travel
time considered as hours worked.
Employees directed as part of their job to travel during non-scheduled (evening,
weekends) hours, are eligible for hours worked for the travel time ‘en route’ hours only.
Travel from home to the airport is not compensated.
Work assignments that require an employee to stay over a weekend or overnight(s) will
qualify for expenses, but time will not be compensated beyond travel and actual hours
worked.
Managers (or designees) are responsible for ensuring that travel time, modes of travel,
and hours worked away from the worksite are advantageous to State of Idaho
resources.
Note: State of Idaho travel policies are governed by the State of Idaho’s Board of
Examiners and can be obtained by visiting the State of Idaho’s Office of the State
Controller website.
Flextime, Compressed Work Week, and Flexplace (Telecommuting)
In addition to maintaining the work week schedule and business hours of operation (see
section 4), managers (or designees) may make flextime, compressed work weeks, or
flexplace (telecommuting) arrangements with employees to meet internal operational
needs.
Where possible, all unit employees within a similar job classification will be granted the
same opportunity for flextime, compressed work weeks, and flexplace (telecommuting).
The general use of flextime, compressed work weeks, or flexplace (telecommuting)
arrangements requires written approval from the appropriate deputy chief (or designee).
Flextime, compressed work weeks, or flexplace (telecommuting) arrangements are used
primarily to meet IDOC work load demands and are not to meet employee desires. Once
a unit is granted the use of flextime, compressed work weeks, or flexplace
(telecommuting), the employee’s immediate manager (or designee) is responsible for
creating a new work schedule and ensuring that the new schedule is properly used.
Managers (or designees) will assure that all flextime and compressed work week
schedules are adjusted for weeks which have a holiday. No employee will be paid in
excess of an eight (8) hour holiday benefit per holiday (see SOP 206.07.01.002, Paid
Leaves).
The flexplace (telecommuting) option is a job assignment and not a benefit of
employment. Employees are not entitled to telecommute. Any flexplace (telecommuting)
assignments will have a written, approved memorandum of understanding (MOU)
outlining the parameters, equipment, risks, and responsibilities from the appropriate
deputy chief, who will consult with both the Division of Management Services and HRS.
This includes situations to accommodate temporary, modified duty work due to medical
conditions.
Work Cycle
Security Staff or Law Enforcement (L) Coded Positions
For employees engaged in offender management (security staff) or in law enforcement
(L) coded positions, managers (or designees) defines the facility’s shift cycles, the
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employees’ work schedule, which days within a week to work, hours of work per day,
and reporting times. This responsibility includes adhering to the seniority and staffing
procedures outlined in SOP 216.02.01.002, Seniority and Staffing.
Facility heads (or designees) have the authority to restrict or alter schedules to ensure a
safe, orderly and secure workplace and designate posts that are exempt from the
provisions of SOP 216.02.01.002. Otherwise, changes to the work schedule are made at
the discretion of the employee’s immediate manager (or designee) in accordance with all
IDOC policies and procedures.
Non-security Staff
As an exception to the above requirements only, facility heads, managers, or designees
who have non-security staff, who work normal work weeks and are permanently
assigned to security facilities, can also set their days and hours of work as needed to
meet work load demands.
Vocational Work Projects - Hours of Work
For approved vocational work projects crews at correctional facilities, the work week
cycle is defined by the employee’s immediate manager (or designee) of the sponsoring
facility unless specified in a signed contract that establishes the crew schedule. The
employee’s immediate manager (or designee) may also delegate this authority to the
vocational work projects lieutenant (or designee).
When vocational work projects staff work overtime, hours are normally accrued unless
the work project contract specifies cash payment for overtime. The employee will record
all hours worked and document overtime in the comments section of I-time. The
employee’s immediate manager (or designee) will review the comments and approve all
overtime worked.
If a work projects crew is required to work overnight or perform weekend work while
supervising offenders, supervising officers will ensure that crew members work no more
than 16 work hours per day, with the exception of emergency situations.
Vocational Work Projects - Fire Crews
IDOC employees chosen to work on fire crews are authorized to work no more than 16
hours per work day for working on fire lines, traveling, and offender control during off-
work hours. The remaining eight (8) hours (or more) are for meals, relaxation, and sleep
barring emergency or necessary requirements to perform work.
Additional work that exceeds 16 hours a day will be documented in I-time and approved
by the employee’s immediate manager (or designee) in advance whenever possible.
Overtime worked for fire crews are normally reimbursed by cash payment, or as
governed by the contract.
Before any IDOC employee fire crew member can commence the assignment, he will
sign an Hours Worked Agreement reflecting his understanding of IDOC overtime
standards and expectations for fire crews. The fire crew member’s immediate manager
(or designee) will ensure that each IDOC employee fire crew member obtains, signs,
and submits the agreement to HRS each year.
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Time Worked for More than One (1) State of Idaho Agency
The State of Idaho is considered a single employer for determining the number of hours
worked. If an employee works for more than one (1) State of Idaho agency, the
employee’s combined work hours will be subject to applicable State of Idaho statutes
and the IDAPA rules of the DHR and Personnel Commission that govern overtime.
7. Overtime
Overtime
Based on the employee's FLSA work classification, overtime is incurred when:
• Hours worked are in excess of 40 hours worked in a work week; or
• Hours worked for law enforcement (L) coded positions (e.g., correctional and
probation and parole officers) are in excess of 160 hours in a 28 consecutive day
period.
Note: With the exception of holiday leave, other leaves will not be used if it results in
hours in excess of the employee’s regularly scheduled work week.
Overtime Reporting
Employees are not authorized to work overtime without permission.
Anticipated overtime will be approved by the employee’s supervisor (or designee) in
advance or at the time of request unless there is an emergency. All overtime worked will
be documented in the ‘comments’ section of I-time and approved by the supervisor (or
designee) before being compensated in cash or by comp-time.
Supervisors (or designees) will approve employees’ actual total hours worked in addition
to authorized leaves or paid non-productive hours granted on each bi-weekly time sheet,
whether the hours worked become overtime, or not.
Employees who accrue unauthorized overtime are (1) in violation of this SOP and (2)
subject to corrective or disciplinary action in accordance with SOP 205.07.01.001,
Corrective and Disciplinary Action.
Overtime Accrual Limitation
Employees will not be allowed to accrue more than 240 hours of overtime, unless they
are in law enforcement (L) coded positions (e.g. correctional and probation and parole
officers). Those who are in law enforcement (L) coded positions will be allowed to accrue
up to 480 hours.
Overtime exceeding these limitations will be dispersed as followed:
• Non-exempt (covered) employees (to include employees in law enforcement (L)
coded positions—Cash.
• Exempt (non-covered) employees—Hours will be used or overtime will not accrue.
To avoid overtime accrual, the supervisor (or designee) may alter the employee’s work
schedule, within the work week, to the extent that the employee may take an equal
amount of time off within the same work week. For example, an employee can take off
four (4) hours on Friday because the employee worked four extra hours on Tuesday of
the same work week.
Control Number:
206.07.01.001
Version:
1.9
Title:
Attendance and Hours of Work
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Accruals Over Six (6) Months
For non-exempt (covered) employees, comp-time earned during any one-half (1/2) of the
fiscal year but not taken off by the end of the succeeding one-half (1/2) year will be paid
in cash following the first payroll period following the close of such succeeding one-half
(1/2) year. Cash payments will be at the salary rate in effect at the time of payoff. Bi-
yearly end dates are the end of June and the end of December of each year.
Exempt (non-covered) employee comp-time accrues indefinitely. However, the IDOC
Leadership Team directs that comp-time will be minimized to meet organizational needs.
Note: The Leadership Team consists of the director of the IDOC, four division chiefs,
director of HRS, and the director’s administrative support manager.
Managers (or designees) will mandate use of accrued comp-time based on operational
needs.
To be relieved for accrued comp-time, supervisors (or designees) and employees will
work cooperatively to select dates that will least interfere with normal division services.
Employee preference will be supported, if possible.
Managers (or designees) are responsible to control comp-time in accordance with the
State of Idaho’s Office of the State Controller’s payroll correspondence dated and titled
6/24/09, Automatic Prior 6-month Comp Time Payoff (I.C.67-5328), and with these
overtime procedures. (The correspondence can be obtained by visiting the State of
Idaho’s Office of the State Controller website.)
Overtime Accruals upon Transfer or Separation
Non-exempt (covered) employees who transfer to another State of Idaho agency, or are
separated from State of Idaho service by the IDOC, are to have all accumulated comp-
time (earned administrative leave [EAL] for employees in law enforcement (L) coded
positions [e.g., correctional and probation and parole officers]) paid off at the time of
transfer or separation at the salary rate assigned to the employee at the time of transfer
or separation. All comp-time, vacation leave, or EAL paid at the time of transfer or
separation will not be reinstated upon a future rehire or reinstatement.
When exempt (non-covered) employees transfer to another State of Idaho agency or
separate from the IDOC, their comp-time is forfeited at the time of transfer or separation
and is not recoverable should the employee be rehired or reinstated.
Cash Payment for Overtime
Cash payment for earned overtime is an option available to the IDOC and may be
granted as specified funding is available for special projects. Cash payment for
employee overtime will be pre-approved and only non-exempt (covered) employees or
those in law enforcement (L) coded positions (e.g., correctional and probation and parole
officers) are eligible. Cash for overtime is not an employee entitlement but is a tool to
assist managers (or designees) in managing personnel cost resources.
The employee’s immediate manager (or designee) will decide the number of hours or
available funds for overtime compensation for a particular period of time. Cash payment
can only be authorized when sufficient funds are identified and available. When there
are insufficient funds, cash for overtime is suspended until funds again become
available.
Control Number:
206.07.01.001
Version:
1.9
Title:
Attendance and Hours of Work
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When the IDOC makes a determination to provide cash for overtime, a fair system will
be established for selecting who will be authorized for cash payment, who can approve
cash for overtime worked, and when cash for overtime is suspended.
Overtime accrued prior to January 1, 2004 will not be eligible for cash compensation.
Managers (or designees) with sufficient overtime funds may elect to pay cash for special
work needs, additional training meetings, or authorized events where overtime will most
likely occur from attending the function by the employees and there is a need to
minimize the accrual of overtime.
Cash for EAL (Law Enforcement [L] Coded Positions Only)
EAL is earned and used through the accrual system. Only when the IDOC determines
that EAL can be paid in cash, will EAL be authorized for cash payment, unless the
employee is separated from State of Idaho service. Then all EAL is paid in cash
compensation on the last pay period.
While EAL accrues hour-for-hour, it functions the same as comp-time. It accrues to the
overtime EAL balance and can be used to take time off at a later date, with the
employee’s immediate manager's (or designee’s) permission. EAL is payable in cash but
will be approved for cash payment (in advance) and using the same procedure for cash
for overtime (see the above subsection titled Cash Payment for Overtime).
For employees in law enforcement (L) coded positions (e.g. correctional and probation
and parole officers), managers (or designees) will not pay off EAL in cash using the mid-
cycle EAL balance hours. During this cycle, the State of Idaho’s Office of the State
Controller holds all EAL awaiting the end-cycle timesheet hours in order to calculate
overtime during the 160 hour period. At the conclusion of the pay period end-cycle, EAL
is subject to continual accrual unless the employee’s immediate manager (or designee)
approves cash compensation.
EAL for cash compensation will be coded as EAP (see definitions) on the employee's
time sheet. These hours will be listed on the employee's EAL balance report using the
end-cycle posted hours.
Holiday Overtime
Hours worked on a holiday are overtime and are calculated for pay purposes in
accordance with the employee's FLSA eligibility criteria at either straight time or at time
and one-half (1/2) for that day. These hours worked are then added to the paid ‘holiday
hours’ granted to each employee as a paid holiday and become the basis for total
compensation for that day.
Actual hours worked on a holiday will be included in the calculation of actual hours
worked for that work week (or work cycle) for determining overtime but excludes the paid
holiday hours.
At the discretion of the director of the IDOC (or designee), holiday hours worked can be
accrued as comp-time or be paid in cash for non-exempt (covered) employees. This is
subject to change as determined by the IDOC Leadership Team or as a result of
budgetary constraints.
Note: The Leadership Team consists of the director of the IDOC, four (4) division chiefs,
director of HRS, and the director’s administrative support manager.
Control Number:
206.07.01.001
Version:
1.9
Title:
Attendance and Hours of Work
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Overtime Waiver
Any agreement made between an employee and supervisor (or designee) to waive
overtime compensation is a violation of this SOP and both are subject to corrective or
disciplinary action in accordance with SOP 205.07.01.001, Corrective and Disciplinary
Action.
REFERENCES
Code of Federal Regulation, Title 29, Chapter V, Part 541, Defining and Delimiting the
Exceptions for Executive, Administrative, Professional, Computer and Outside Sales
Employees
Department Policy 217, Ethics and Standards of Conduct
Hours Worked Agreement
Idaho Code 59-1607, Hours of Work and Overtime
Idaho Code 67-5302, Definitions
Idaho Code 67-5303(J), Application to State Employees
Idaho Code 67-5328, Hours of Work and Overtime
Idaho Code 67-5333, Sick Leave
IDAPA 15.04.01, Rules of the Division of Human Resources and Personnel Commission,
Section 23, Bona Fide Occupational Qualification
IDAPA 15.04.01, Rules of the Division of Human Resources and Personnel Commission,
Section 24, Conflict of Interest and Personal Conduct
Standard Operating Procedure 202.07.01.001, Compensation Plan
Standard Operating Procedure 205.07.01.001, Corrective and Disciplinary Action
Standard Operating Procedure 206.07.01.002, Paid Leaves
Standard Operating Procedure 216.02.01.002, Staffing Security: Seniority, Post, Vacation,
and Scheduled Management
Standard Operating Procedure 611.02.01.002, Vocational Work Projects: Staffing
Procedures for
State of Idaho, Division of Human Resources (www.dhr.idaho.gov)
State of Idaho, Office of the State Controller (www.sco.idaho.gov)
United States Code, Title 29, Chapter 8, Fair Labor Standards
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