COLLECTIVE BARGAINING AGREEMENTS

As of July 1, 2021, some State employees are covered under Collective Bargaining Agreements (CBA), see the Division of Human Resource Management, Labor Relations Unit page for more information. If you are in a job classification currently covered under a CBA, some of the terms and benefits of your employment may be different than the provisions outlined on this page. Please consult your CBA or agency's human resource for further information.

COMPENSATORY TIME

EARNING COMPENSATORY TIME MUST BE AUTHORIZED IN ADVANCE.

Method of compensating a nonexempt employee for time worked over a set amount of time in a day, week or other set period in leave time at a rate of time and one-half.

Click on below headings for more information on this topic

ELIGIBILITY

An employee must sign an Election of Compensatory Time form for an employee to be provided with compensatory time instead of overtime.

Typically, compensatory time is based on time worked in excess of:

Eight hours in one day; or
Eight hours in any 16-hour period.

If an employee completes a Request for Variable Workday Schedule form, compensatory time is based on time worked in excess of:

Forty hours in a week

Compensatory time may not be accrued in excess of 120 hours unless an agreement (not to exceed 240 hours) is entered into by the employee and the appointing authority.

Based on federal and State law, some types of positions (e.g., law enforcement, firefighters) may have another basis for calculation of compensatory time.

APPROVING/REJECTING REQUESTS

EARNING

When determining whether to APPROVE or REJECT a request to earn compensatory time, consider the following factors:

Why is the compensatory time being requested?
What would be the consequence of the compensatory time not being approved?
Do the notes (yellow sticky note image link on the timesheet) agree with the hours requested and information entered in the Additional Description: field?
Will you be violating any policies by approving or rejecting the compensatory time?

USE

A request for accrued compensatory time off given with at least two weeks notice cannot be unreasonably denied.

Typically, compensatory time must be used before annual leave.

Technical (step-by-step) guide for both approving/rejecting requests to earn or use: See the NEATS Timekeeping procedure (01.30.10) and NEATS tutorials. The steps for approving/rejecting use and earning of overtime will also apply to compensatory time.

See your agency's policies, procedures or regulations for any agency specific processes (e.g., required hard copy form).

DOMESTIC VIOLENCE

An employee who has 90 days of employment with the State is entitled to not more than 160 hours of leave (potentially including annual leave, sick leave, leave without pay, and/or compensatory time) in one 12-month period beginning on the date of the act of domestic violence if an employee is a victim of an act of domestic violence or his or her family or household member is a victim of domestic violence.

An employee may take leave related to an act of domestic violence to:

Obtain a diagnosis, care or treatment of a related health condition;
Obtain counseling or assistance;
Participation in any related court proceedings; or
Establish a safety plan.

MAXIMUM ACCRUALS

Law enforcement, fire protection, emergency response personnel and seasonal employees may accrue up to 480 hours of compensatory time.

Other employees may accrue up to 240 hours of compensatory time.

PAYOUT

An employee who has accrued more than 60 hours of compensatory time may request in writing payment in cash for the amount of compensatory time that exceeds 60 hours.