Longwood University         Chief Administration and Finance Officer: Human Resources        201 High Street, Lancaster 335, Farmville, VA  23909         Phone: 434.395.2074     Fax: 434.395.2666

Policy 5225
 OVERTIME LEAVE FOR CLASSIFIED EMPLOYEES

I.     PURPOSE

Any classified or hourly employee who is non-exempt for the Fair Labor Standards Act purposes who works more than forty (40) hours in any work week may elect to receive Overtime Leave instead of Overtime Pay.

II.     POLICY

Overtime Leave will be granted in lieu of Overtime Pay unless an affected employee requests otherwise prior to working the hours. Overtime Pay will be granted regardless of employee preference, if the affected employee has reached the maximum amount of Overtime Leave accruable under the provisions of Section A 2 of this policy.

A. Accrual of Leave: 

1. Rate of Overtime Leave: The rate of Overtime Leave is one and one half hours of leave for every hour worked over forty (40) in any work week.

2. Maximum Amount of Accruable Overtime Leave: No employee of the University may accrue more than eighty (80) hours of Overtime Leave. If an employee works additional hours which otherwise would have been eligible for Overtime Leave, the University will pay the employee Overtime Pay for those additional hours.

3. Duration of Overtime Leave: Overtime leave does not lapse, except that it may not exceed the eighty (80) hour maximum accrual limitation described in the preceding sub-section.

B. Approval of Overtime Leave: An employee must receive approval from his or her department head regarding the use of Overtime Leave. The University will make every reasonable effort to approve leave at the time requested by the employee, but has the discretion to approve leave for a different time if required by the University's needs.

C. Treatment of Accrued Overtime Leave Subsequent to Change of Status:

1. Termination for any reason or Extra-Institutional Transfer: If the employee leaves the service of the Commonwealth by resignation, layoff, retirement, discharge or death, or transfers to another state agency, and has no opportunity to take the Overtime Leave, a lump sum payment will be made to the employee or the employee's estate for any remaining Overtime Leave owed.
           
2. Rate of Payment: Rate of payment will be an hour-for-hour payment at the employee's ending hourly rate or the average hourly rate of the employee's last three (3) years of continuous service to the University, whichever is higher.

3. Internal Transfer, Promotion, or Demotion: Overtime Leave balance will be carried forward to any new position within the University itself.

D. Treatment of Accrued Leave in Excess of Policy Maximums, Where Overtime Leave has been incurred previous to the Effective Date of this Policy:

1. Employees with pre-existing Overtime Leave balances higher than the maximum limits set forth in this policy will not be allowed to accrue additional overtime until such time as present balances fall below maximum limits set by this policy.

2. Every reasonable effort should be made by employees and departments to reduce accrual levels to the new maximum limits within one (1) year of the effective date of this policy.

E. "Hours Worked" for Purposes of Overtime Leave: Hours worked for purposes of calculation of Overtime Leave do not include any periods of paid or unpaid leave  granted during the work week affected.

Revised and approved by the Board of Visitors, September 7, 2002.

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