MCCB POLICIES

Section 6 - Leaves And Absences

MISSISSIPPI COMMUNITY COLLEGE BOARD POLICIES AND PROCEDURES MANUAL

Title: Compensatory Time

Initial Date of Adoption: June 18, 1992 Revision Date : August 16, 2002; April 12, 2018

Reference:

Code Number: 6.8

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COMPENSATORY TIME

Compensatory leave is administered in compliance with the Fair Labor Standards Act and the regulations promulgated by the U. S. Department of Labor (hereinafter referred to as “DOL”).

1. Compensatory leave shall be administered according to Mississippi Code Annotated Section 25-3-92 (1) (1972).

Compensatory leave shall be awarded to professional FLSA “exempt” staff of the Board at an accrual rate equal to the amount of time worked. No compensatory leave will be awarded unless prior approval of the Executive Director or an Assistant Executive Director is obtained, as is appropriate. Compensatory leave will be awarded when it is essential that a Board employee work or travel after normal working hours such as:

a. b. c.

Time worked on Saturday, Sunday and state Holidays.

Time worked at night meetings

Other times as deemed appropriate by the Executive Director.

Use of compensatory leave is subject to prior approval of the Executive Director. Employees who work overtime without prior approval may be subject to disciplinary actions. Compensatory leave may be used for those purposes for which personal leave may be used except that compensatory leave may not be used in lieu of personal leave or leave without pay for the first day of an illness of an employee.

2.

FLSA Compensatory Leave

MCCB employees in positions which have been classified “non-exempt,” as defined in the federal regulations promulgated by DOL pursuant to the Fair Labor Standards Act (hereinafter referred to as “FLSA”), may receive compensatory time at a rate of not less than one and one-half hours for each hour worked over forty hours in a workweek as defined in DOL regulations, instead of cash overtime pay. MCCB employees in positions that have been classified as “exempt” under DOL regulations may receive compensatory time earned under FLSA only when they perform duties of a “non-exempt” position on an emergency and temporary basis. There are limits on the extent to which the non-exempt employee may continue to accrue compensatory time. The limit of earned compensatory time under the FLSA for most non-exempt employees is 240 hours. If an non-exempt employee who is covered by the Fair Labor Standards Act accrues more than 240 hours of compensatory time, the additional hours will be paid. MCCB employees should consult the Human Resources Office to confirm the status of their position under the FLSA, when their DOL workweek begins and ends, and to determine the limit of compensatory time, which may be earned for their position under the FLSA. An FLSA classification analysis will be documented and maintained for all agency positions. MCCB employees are to use compensatory time earned pursuant to the FLSA prior to the use of accrued personal or agency compensatory time. Further, non-exempt employee are to take FLSA compensatory time off when the employee’s compensatory time earned under the FLSA has reached the limit allowed under the regulations, as stated above.

3.

Agency Compensatory Leave

When it is essential that a MCCB employee work after normal working hours, the employee may receive credit for compensatory leave. Further, when it is essential that a MCCB employee work during an official State holiday, the employee will receive credit for compensatory leave. Agency compensatory time earned is credited at a rate of an hour for an hour for all employees.