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West Campus, Health Sciences, and School of Medicine

COMPENSATORY TIME

THE FOLLOWING PROVIDES GUIDANCE ON COMPENSATORY TIME FOR PROFESSIONAL UUP-REPRESENTED STAFF.

NON-EXEMPT NON-HOLIDAY COMPENSATORY TIME

A certain amount of confusion has arisen over the very use of the words "compensatory time." This is because there is more than one kind of compensatory time. In addition to the compensatory time described here, there are at least two other forms of compensatory time available to employees in the Professional Services Negotiating Unit. 

HOLIDAY COMPENSATORY TIME

The first of these is holiday compensatory time accorded under subdivisions 23.5(b), (c) and (d) of the State UUP Agreement. An employee who is eligible to observe holidays is entitled to one day off when the holiday falls on a Saturday, Sunday, or a pass day, or when the employee must work on the holiday.  These compensatory days off are to be used within twelve months, at times mutually convenient to the employee and university. Holiday compensatory time not used within a year is lost to the employee.

FAIR LABOR STANDARDS ACT [FLSA]

A second kind of compensatory time is available under the Fair Labor Standards Act (FLSA). Those individuals who have been designated non-exempt under the Act are entitled to compensatory time off at a rate of time-and-one-half for work in excess of 40 hours per week and, after accruing 240 hours of compensatory time off, are entitled to premium pay at a rate of time-and-one-half.  If, due to accrual usage, the employee's accrued FLSA compensatory time drops below 240 hours, then the employee again accrues time until the accumulation reaches 240 hours. 

SERVICE BEYOND PROFESSI0NAL OBLIGATION

The third type of compensatory time described in detail here might more accurately be called "non-holiday, exempt compensatory time" and applies to those designated as exempt (not eligible for overtime) under FLSA. This compensatory time may be offered by a supervisor for service beyond the professional obligation.

MORE QUESTIONS?

Email hrs_timeatt@stonybrook.edu.

GENERAL PRINCIPLES

There are several principles to keep in mind when administering this type of compensatory time.  

First, the benefit applies only to required service above and beyond the normal professional obligation. Questions arise regarding how one can identify the normal limits of the professional obligation. Each employee's professional obligation will vary, depending upon the client base to be served, the specific assignments given, the performance program, and any cyclical aspects of the employee's job such as registration, the start of classes, athletic events and the like. Normal duties will often include some weekend and evening activities, so work during those times is not invariably beyond the normal professional obligation.

Second, a supervisor can offer this comp time  and prior approval must be obtained for an employee to use this compensatory time.  For example, an employee who is required to work into the early morning hours to complete an emergency project, by arrangement with the immediate supervisor, might not report to work until noon on the following day even though the office is open to serve clients at 8:00 am.
While compensatory time administration is normally expected to be between the employee and the supervisor, management retains the inherent responsibility for attendance monitoring. Therefore, particularly in cases of suspected or actual abuse, the administration retains the right to assign a reviewer to monitor all aspects of compensatory time assignments and use or to correct inappropriate application of the benefit.

Third, non-holiday compensatory time is distinctly different from other types of leave in that it is not usually reported, recorded, or administered on a centralized basis; and is not provided on an hour for hour basis. The entire transaction can occur between the employee and the immediate supervisor without notation on the monthly attendance report form and is simply reflective of the flexibility in scheduling attendant to the overall performance of a professional obligation. The flexible arrangement typically occurs within the same pay period and/or week.

THE FOLLOWING FORM CAN BE USED: 

TO: Professional Employee

FROM: Immediate Supervisor

SUBJECT: Compensatory Time for Service Exceeding Normal Professional Obligation

This memorandum shall confirm our mutual agreement that you will not be reporting to your work station on (DATE) for the full time that the office is normally open. The use of this time is in recognition of the services you have performed beyond your normal professional obligation as provided for under this memorandum.   For attendance purposes, you are regarded as having been present at that date sufficient to meet your required professional obligation.

This compensatory time is not subject to accumulation in the same way that vacation is. Therefore, when an employee leaves State service, there is no payment for this type of Compensatory Time.

Questions about comp time can be referred to hrs_timeatt@stonybrook.edu.

 

MORE QUESTIONS?

Email hrs_timeatt@stonybrook.edu.