7500 - Workday and Overtime ## Workday And Overtime
A. Work Schedules
The length of the school day for licensed and professional staff will be a minimum of seven hours and thirty minutes and will continue until professional responsibilities to the student and school are completed. Administrative meetings, curriculum development, pupil supervision, assigned duties, parent conferences, group or individual planning and extra-curricular activities may require hours beyond the stated minimum. Work schedules for other employees will be defined by the superintendent or designee, consistent with the Fair Labor Standards Act and the provisions of this policy.
B. Workweek Defined
Working hours for all employees not exempted under the Fair Labor Standards Act (FLSA) will conform to federal and state regulations. The superintendent shall ensure that job positions are classified as exempt or non-exempt and that employees are made aware of such classifications. Supervisors shall make every effort to avoid circumstances which require non-exempt employees to work more than 40 hours each week. For purposes of Fair Labor Standards Act Compliance, the workweek for school system employees will be 12:00 a.m. Sunday until 11:59 p.m. Saturday. A copy of the Fair Labor Standards Act and any administrative procedures established by the superintendent will be available to employees in the human resources office.
C. Overtime And Compensatory Time
The board of education discourages overtime work by non-exempt employees. A non- exempt employee may not work overtime without the express approval of his or her supervisor. All overtime work must be approved by the superintendent or designee. All supervisory personnel shall monitor overtime use on a weekly basis and report such use to the superintendent or designee. Principals and supervisors shall monitor employees’ work, shall ensure that overtime provisions of the policy and the FLSA are followed, and shall ensure that all employees are compensated for any overtime worked. Principals or supervisors may need to adjust daily schedules to prevent non-exempt employees from working more than 40 hours in a workweek. Accurate and complete timesheets of actual hours worked during the workweek must be signed by each employee and submitted to the finance officer. The finance officer shall review work records of employees on a regular basis to make an assessment of overtime use.
In lieu of overtime compensation, non-exempt employees may receive compensatory time off at a rate of not less than one and one-half hours for each one hour of overtime worked, if such compensatory time (1) is agreed to by the employee before the overtime work is performed and (2) is authorized by the immediate supervisor. Employees must be allowed to use compensatory time within a reasonable period after requesting such use (see policy 7510, Leave). Employees may accrue a maximum of 240 compensatory time
hours before they must be provided overtime pay at the appropriate rate. In addition, upon leaving the school system, an employee must be paid for any unused compensatory time at the rate of not less than the higher of (1) the average rate received by the employee during his or her last three years of employment or (2) the final regular rate received by the employee.
Non-exempt employees whose workweek is less than 40 hours will be paid at the regular rate of pay for time worked up to 40 hours. Such employees will be provided overtime pay or compensatory time as provided above for working more than 40 hours in a workweek.
Employees will be provided a copy of this policy and will be required to sign this policy to acknowledge their understanding of overtime and compensatory time provisions. Such signed policy will constitute the agreement required in this section.
D. Attendance Expectations
All employees are expected to be present during all working hours. Absence without prior approval, chronic absences, habitual tardiness or abuses of designated working hours are all considered neglect of duty and will result in disciplinary action up to and including dismissal.
Legal References: The Fair Labor Standards Act of 1938, as amended, 29 U.S.C. 201, et seq.; G.S. 115C-47(18), -288, -307; North Carolina Public School Personnel Employee Salary and Benefits Manual (most current version), North Carolina Department of Public Instruction, Division of School Business, available at http://www.ncpublicschools.org/fbs/finance/salary/
Cross Reference: Leave of Absence (policy 7510)
Adopted: 2001-10-01 Revised: 2003-08-04 2009-01-26 2013-06-11 2018-02-22
Workday Administrative Regulations
- All employees will use a standard time sheet devised for Avery County Schools to continue meeting FLSA requirements. 2. All employees will sign in every day they are at work, when their workday begins, as determined by the supervisor. Employees will sign out when leaving their worksite for any personal, non-work related purpose and sign back in when returning to the worksite. Employees will sign out at the end of their workday, as determined by their supervisor. 3. Employees shall not sign another person in or out, unless they are the employee’s supervisor. Employees shall not ask another employee to sign them in or out unless the employee asked is their supervisor. This will be a falsification of a legal document resulting in disciplinary actions, possibly including dismissal for all parties involved. 4. Any changes to a work schedule must be pre-approved by the employee’s immediate supervisor. Supervisors may need to adjust daily schedules to prevent non-exempt employees from working more than 40 hours in a workweek. 5. Non-exempt employees whose workweek is less than 40 hours will be paid at the regular rate of pay for time worked up to 40 hours. Such employees will be provided compensatory time for working more than 40 hours in a workweek. 6. Employees shall have prior written approval to work overtime.
Adopted: 2003-08-04 Revised: 2018-02-22