Overtime hours, state employee may choose compensatory leave time,when--payment for overtime, when--reports on overtime paid--overtimeearned under Fair Labor Standards Act, applicability.
105.935. 1. Any state employee who has accrued any overtime hoursmay choose to use those hours as compensatory leave time provided that theleave time is available and agreed upon by both the state employee and hisor her supervisor.
2. A state employee who is a nonexempt employee pursuant to theprovisions of the Fair Labor Standards Act shall be eligible for payment ofovertime in accordance with subsection 4 of this section. A nonexemptstate employee who works on a designated state holiday shall be grantedequal compensatory time off duty or shall receive, at his or her choice,the employee's straight time hourly rate in cash payment. A nonexemptstate employee shall be paid in cash for overtime unless the employeerequests compensatory time off at the applicable overtime rate. As used inthis section, the term "state employee" means any person who is employed bythe state and earns a salary or wage in a position normally requiring theactual performance by him or her of duties on behalf of the state, butshall not include any employee who is exempt under the provisions of theFair Labor Standards Act or any employee of the general assembly.
3. Beginning on January 1, 2006, and annually thereafter eachdepartment shall pay all nonexempt state employees in full for any overtimehours accrued during the previous calendar year which have not already beenpaid or used in the form of compensatory leave time. All nonexempt stateemployees shall have the option of retaining up to a total of eightycompensatory time hours.
4. The provisions of subsection 2 of this section shall only apply tononexempt state employees who are otherwise eligible for compensatory timeunder the Fair Labor Standards Act, excluding employees of the generalassembly. Any nonexempt state employee requesting cash payment forovertime worked shall notify such employee's department in writing of suchdecision and state the number of hours, no less than twenty, for whichpayment is desired. The department shall pay the employee within thecalendar month following the month in which a valid request is made.Nothing in this section shall be construed as creating a new compensatorybenefit for state employees.
*5. Each department shall, by November first of each year, notify thecommissioner of administration, the house budget committee chair, and thesenate appropriations committee chair of the amount of overtime paid in theprevious fiscal year and an estimate of overtime to be paid in the currentfiscal year. The fiscal year estimate for overtime pay to be paid by eachdepartment shall be designated as a separate line item in theappropriations bill for that department. The provisions of this subsectionshall become effective July 1, 2005.
6. Each state department shall report quarterly to the house ofrepresentatives budget committee chair, the senate appropriations committeechair, and the commissioner of administration the cumulative number ofaccrued overtime hours for department employees, the dollar equivalent ofsuch overtime hours, the number of authorized full-time equivalentpositions and vacant positions, the amount of funds for any vacantpositions which will be used to pay overtime compensation for employeeswith full-time equivalent positions, and the current balance in thedepartment's personal service fund.
7. This section is applicable to overtime earned under the Fair LaborStandards Act. This section is applicable to employees who are employed innonexempt positions providing direct client care or custody in facilitiesoperating on a twenty-four-hour seven-day-a-week basis in the department ofcorrections, the department of mental health, the division of youthservices of the department of social services, and the veterans commissionof the department of public safety.
Overtime hours, state employee may choose compensatory leave time,when--payment for overtime, when--reports on overtime paid--overtimeearned under Fair Labor Standards Act, applicability.
105.935. 1. Any state employee who has accrued any overtime hoursmay choose to use those hours as compensatory leave time provided that theleave time is available and agreed upon by both the state employee and hisor her supervisor.
2. A state employee who is a nonexempt employee pursuant to theprovisions of the Fair Labor Standards Act shall be eligible for payment ofovertime in accordance with subsection 4 of this section. A nonexemptstate employee who works on a designated state holiday shall be grantedequal compensatory time off duty or shall receive, at his or her choice,the employee's straight time hourly rate in cash payment. A nonexemptstate employee shall be paid in cash for overtime unless the employeerequests compensatory time off at the applicable overtime rate. As used inthis section, the term "state employee" means any person who is employed bythe state and earns a salary or wage in a position normally requiring theactual performance by him or her of duties on behalf of the state, butshall not include any employee who is exempt under the provisions of theFair Labor Standards Act or any employee of the general assembly.
3. Beginning on January 1, 2006, and annually thereafter eachdepartment shall pay all nonexempt state employees in full for any overtimehours accrued during the previous calendar year which have not already beenpaid or used in the form of compensatory leave time. All nonexempt stateemployees shall have the option of retaining up to a total of eightycompensatory time hours.
4. The provisions of subsection 2 of this section shall only apply tononexempt state employees who are otherwise eligible for compensatory timeunder the Fair Labor Standards Act, excluding employees of the generalassembly. Any nonexempt state employee requesting cash payment forovertime worked shall notify such employee's department in writing of suchdecision and state the number of hours, no less than twenty, for whichpayment is desired. The department shall pay the employee within thecalendar month following the month in which a valid request is made.Nothing in this section shall be construed as creating a new compensatorybenefit for state employees.
*5. Each department shall, by November first of each year, notify thecommissioner of administration, the house budget committee chair, and thesenate appropriations committee chair of the amount of overtime paid in theprevious fiscal year and an estimate of overtime to be paid in the currentfiscal year. The fiscal year estimate for overtime pay to be paid by eachdepartment shall be designated as a separate line item in theappropriations bill for that department. The provisions of this subsectionshall become effective July 1, 2005.
6. Each state department shall report quarterly to the house ofrepresentatives budget committee chair, the senate appropriations committeechair, and the commissioner of administration the cumulative number ofaccrued overtime hours for department employees, the dollar equivalent ofsuch overtime hours, the number of authorized full-time equivalentpositions and vacant positions, the amount of funds for any vacantpositions which will be used to pay overtime compensation for employeeswith full-time equivalent positions, and the current balance in thedepartment's personal service fund.
7. This section is applicable to overtime earned under the Fair LaborStandards Act. This section is applicable to employees who are employed innonexempt positions providing direct client care or custody in facilitiesoperating on a twenty-four-hour seven-day-a-week basis in the department ofcorrections, the department of mental health, the division of youthservices of the department of social services, and the veterans commissionof the department of public safety.
Overtime hours, state employee may choose compensatory leave time,when--payment for overtime, when--reports on overtime paid--overtimeearned under Fair Labor Standards Act, applicability.
105.935. 1. Any state employee who has accrued any overtime hoursmay choose to use those hours as compensatory leave time provided that theleave time is available and agreed upon by both the state employee and hisor her supervisor.
2. A state employee who is a nonexempt employee pursuant to theprovisions of the Fair Labor Standards Act shall be eligible for payment ofovertime in accordance with subsection 4 of this section. A nonexemptstate employee who works on a designated state holiday shall be grantedequal compensatory time off duty or shall receive, at his or her choice,the employee's straight time hourly rate in cash payment. A nonexemptstate employee shall be paid in cash for overtime unless the employeerequests compensatory time off at the applicable overtime rate. As used inthis section, the term "state employee" means any person who is employed bythe state and earns a salary or wage in a position normally requiring theactual performance by him or her of duties on behalf of the state, butshall not include any employee who is exempt under the provisions of theFair Labor Standards Act or any employee of the general assembly.
3. Beginning on January 1, 2006, and annually thereafter eachdepartment shall pay all nonexempt state employees in full for any overtimehours accrued during the previous calendar year which have not already beenpaid or used in the form of compensatory leave time. All nonexempt stateemployees shall have the option of retaining up to a total of eightycompensatory time hours.
4. The provisions of subsection 2 of this section shall only apply tononexempt state employees who are otherwise eligible for compensatory timeunder the Fair Labor Standards Act, excluding employees of the generalassembly. Any nonexempt state employee requesting cash payment forovertime worked shall notify such employee's department in writing of suchdecision and state the number of hours, no less than twenty, for whichpayment is desired. The department shall pay the employee within thecalendar month following the month in which a valid request is made.Nothing in this section shall be construed as creating a new compensatorybenefit for state employees.
*5. Each department shall, by November first of each year, notify thecommissioner of administration, the house budget committee chair, and thesenate appropriations committee chair of the amount of overtime paid in theprevious fiscal year and an estimate of overtime to be paid in the currentfiscal year. The fiscal year estimate for overtime pay to be paid by eachdepartment shall be designated as a separate line item in theappropriations bill for that department. The provisions of this subsectionshall become effective July 1, 2005.
6. Each state department shall report quarterly to the house ofrepresentatives budget committee chair, the senate appropriations committeechair, and the commissioner of administration the cumulative number ofaccrued overtime hours for department employees, the dollar equivalent ofsuch overtime hours, the number of authorized full-time equivalentpositions and vacant positions, the amount of funds for any vacantpositions which will be used to pay overtime compensation for employeeswith full-time equivalent positions, and the current balance in thedepartment's personal service fund.
7. This section is applicable to overtime earned under the Fair LaborStandards Act. This section is applicable to employees who are employed innonexempt positions providing direct client care or custody in facilitiesoperating on a twenty-four-hour seven-day-a-week basis in the department ofcorrections, the department of mental health, the division of youthservices of the department of social services, and the veterans commissionof the department of public safety.
