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Compensatory Time (Comp Time) Policy

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EPA and SPA Exempt Employees

Employees (whether EPA or SPA) whose duties and responsibilities have been determined by Human Resources to be “exempt” from the provisions of the  Fair Labor Standards Act (FLSA) are considered to be “exempt” employees.  Exempt employees do not earn additional leave for hours worked over 40 in a workweek.  Exempt employees should not maintain a timesheet.

NC State Policy  and Office of State Personnel (OSP) Compensatory Time Policy (Section 5, Page 19)

EPA and SPA Non-Exempt Employees

Employees whose duties and responsibilities determined by Human Resources to be  “subject” to the provisions of FLSA are considered “subject” or “non-exempt” employees. Therefore, non-exempt employees are subject to the Fair Labor Standards Act (FLSA) and accrue leave at time and one half for each hour worked over 40 in a workweek.  Non-exempt employees are required to maintain a timesheet to track hours worked in a workweek.

Office of State Personnel Policy

Extra Time

Extra Time is earned during a week where the employee has worked less than 40 hours but has accounted for more hours than required for the week. It accrues at an hour-for-hour rate.

Example
  • A full-time employee who works 35 hours in a week with a holiday, would receive 3 hours of extra time.

Overtime

Overtime is earned whenever an employee works more than 40 hours (includes part-time employees) in a workweek.

  • Overtime is accrued at the rate of 1.5 hours for each hour over 40 in a workweek.
  • If employees do not take the time within one year from the time it was earned, they must be paid out.

Examples

  • A full-time employee who works 43 hours in one week earns 3 over-time hours accrued at 1.5 hours for each hour.
  • A half-time employee who works 43 hours in one week earns 20 hours of extra time but and 3 hours of overtime accrued at 1.5 hours for each hour.

Entering Compensatory (Comp) Time

Comp time hours should be entered as the total number of hours the employee has earned. The Web Leave System will not inflate the overtime hours. Employees must inflate the overtime then add it to any extra time earned and enter the total hours in the section Comp Time Earned. As an employee uses the comp time an entry must be made in the section Comp Time Taken.

Employees may not take comp time prior to earning it.

The program will automatically age comp time that has not been taken within one year from the time it was earned. If the department is going to pay out the comp time (to non-exempt employees only) before the time ages, then the leave administrator must submit a transaction to reduce the hours of comp time by the number of hours being paid out.

Automatic Aging of Compensatory (Comp) Time

The Web Leave System will automatically notify the employee, the employee's supervisor and the leave administrator when the employee's comp time is approaching a year old --- this is "automatic aging of comp time." If the Web Leave System encounters comp time that has not been used within one year of the date that the comp time was earned, then the system will automatically deduct the comp time and notify the employee, the employee's supervisor and the leave administrator. When the Web Leave System deducts comp time it will create a transaction indicating the deduction; this will make it evident that the comp time was deducted by the system during the automatic aging process. This transaction can be found in the transaction listing. The Aging Comp Time Report is helpful in determining the amount of comp time earned and the time taken.

Employees exempt from the Fair Labor Standards Act (FLSA) cannot be paid for comp time. They will forfeit any comp time that is not used within one year from the date it was earned.

If non-exempt (subject) employees have comp time that is equal to or more than a year old, then they must be paid for the comp time. It is the leave administrator's responsibility to ensure that the comp time is paid via an additional pay action in the Human Resource System. The Web Leave System does not pay the employee when it deducts the comp time.