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7.1. The official workweek for all employees within the Department
is 12:01 a.m. Saturday until 12:00 midnight on Friday.
7.2. The Department observes a forty (40) hour workweek based
on an eight (8) hour day which includes seven and one-half (7½)
hours of actual work and a one-half (½) hour paid meal period
that is subject to interruptions. A paid meal period only applies
to full-time employees.
7.3. Since the Department observes a forty (40) hour workweek,
compensatory time or overtime pay for non-exempt employees does
not accrue until after forty (40) hours.
7.4. Work time (or hours worked) includes all the time an
employee is required to be on duty, on the Department's premises,
or at a prescribed workplace; and, all the time when the employee
is required to work for the employer. Time spent by the employee
in physical or mental exertion under the control and direction of
the Department is regarded as hours worked.
7.5. Employees who receive benefits within the Department will
be paid for legal holidays, accrued annual leave, and sick leave
as taken. Holidays and leave are not considered hours worked for
the purpose of calculating overtime compensation.
7.6. Full-time employees receive payment for all legal holidays
regardless of scheduled work days, part-time employees are paid
for all legal holidays based on their FTE value, and temporary employees
only receive pay for those holidays actually worked.
7.7. Any employee who does not work a full workweek has a
positive, mandatory duty to contact the Division Director as soon
as possible and no later than 9:00 a.m. on the appropriate payday
to inform the director of their shortage.
.......7.7.a. Accrued compensatory
time or annual leave, respectively, will be used to make up any
shortages. If compensatory time or annual leave is not available
then the employee's paycheck will be docked accordingly.
.......7.7.b. It is the Division
Director's responsibility, upon notice, to contact the Director
of Administrative Services Division with this information by 10:00
a.m. on payday so that appropriate action can be taken.
.......7.7.c. Employees that
have their pay docked twice within a six (6) month period may be
placed on pay in the arrears.
7.8. Legal Holidays
.......7.8.a. Legal holidays
are counted in the actual workweek, but are hours paid, not hours
worked for the calculation of overtime pay.
.......7.8.b. If an employee
is required to work on a holiday, such time is to be reported. If
an employee does work on a holiday, the Department will grant the
employee a later day off as Holiday Credit Earned (HCE).
.......7.8.c. Work on a legal
holiday in itself does not require a premium rate of compensation
such as time and a half or double time, therefore time earned for
working on a holiday is to be given at a later date on an hour for
hour basis.
.......7.8.d. The Commissioner,
Deputy Commissioner, or Division Directors must give prior written
permission to work on a legal holiday.
.......7.8.e. HCE should be
designated on the time and attendance form clearly distinguished
from compensatory time earned. HCE will be used first to cover any
annual leave taken. HCE must be taken within the calendar year from
the date it is earned.
.......7.8.f. If an employee
takes the holiday off but works more hours than the normal schedule
excluding the holiday, then the difference will be given at a later
date on an hour for hour basis.
7.9. Schedule Adjustment
.......7.9.a. While every effort
will be made to adhere to posted work schedules, supervisors retain
the right to revise or rearrange work schedules in order to:
..............7.9.a.A. avoid
the accumulation of compensatory time or overtime; and
..............7.9.a.B. address
unexpected staff shortages or similar factors.
.......7.9.b. When the additional
work needs can be anticipated before the occurrence and will require
the employee to work more than forty (40) hours, the supervisor
should use schedule adjustment as the first choice of accommodating
the need to avoid incurring compensatory time or overtime.
.......7.9.c. A non-exempt employee's
schedule must be adjusted within the same workweek; however, if
such adjustments cannot be made, the employee must be compensated
by compensatory time at a rate of one and one-half (1½) hours
for every hour worked over forty (40).
.......7.9.d. Employees may,
with approval of supervisor, adjust their work day up to one (1)
hour to accommodate unforeseen circumstances.
7.10. Working While on Call
.......7.10.a. Any employee
who is required to remain on the Department's premises or on standby
at any location so that he/she cannot use the time effectively for
his/her own purposes is working while on call. An employee who is
working while on call shall be paid his/her regular rate of pay.
.......7.10.b. If an employee
is relieved from duty and can use the release time effectively for
his/her own purposes, he/she will not be compensated. Where an employee
is told in advance that he/she may leave the job for a specified
period and is given a definite time for return to work, that employee
has been relieved from duty and will not be compensated.
.......7.10.c. An employee who
is required to leave word at his/her home or with Department officials
of where he/she may be reached is not working while on call and
will not be compensated.
7.11. Rest Periods
.......7.11.a. Rest periods of
a short duration ranging from five (5) minutes to ten (10) minutes
are available in the Department to promote the employee's efficiency
and are considered as work time in calculating the employee's workweek.
However, there is no requirement that rest periods be granted to
an employee.
.......7.11.b. It is the practice
of the Department to grant a maximum of two (2) rest periods per
8-hour shift if the employee's supervisor determines that work schedule
and conditions warrant such breaks. Breaks for tobacco use in approved
locations are included in the total of two (2) rest periods.
.......7.11.c. The rest period
shall be limited to a maximum of ten (10) minutes and the employee
must remain in the general proximity of the workplace during the
rest period.
7.12. Meal Periods
.......7.12.a. Chapter 21-3-10(a)
of the West Virginia Code only requires that during the course of
a workday of six (6) or more hours, all employers shall make available
for each of their employees, at least twenty (20) minutes for meal
breaks, at times reasonably designated by the employer. This provision
shall be required in all situations where employees are not afforded
necessary breaks and/or permitted to eat lunch while working.
.......7.12.b. Department policy
exceeds the State's requirement by generously granting a meal period
with pay of at least one-half (½) hour to each full-time
employee in the eight (8) hour work day.
.......7.12.c. Every effort
should be made by all supervisors within the Department to guarantee
each employee a one-half (½) hour scheduled meal period.
However, because the Department gives the employees a one-half (½)
hour paid lunch period, it is subject to interruptions if necessary.
.......7.12.d. The lunch time meal
period will be available to employees between the hours of 11:00
a.m. and 1:00 p.m. Each Division Director shall be responsible for
developing a lunch policy so that the business of the Department
will not be significantly interrupted.
7.13. Travel Time
.......7.13.a. The Department
is not required to compensate an employee for time spent walking,
riding or traveling to and from the actual place of performance
of the principal activity or activities of work. However, if an
employee has gone home after completing his/her normal day's work
and is subsequently directed to return to the workplace to perform
an emergency job for the employer, all reasonable time spent on
travel for the emergency shall be considered work time.
..............7.13.a.A. In the
context of certain situations stipulated in the Fair Labor Standards
Act (FLSA), employees in the non-exempt overtime classification
may have to be compensated for business travel time. For example,
if an employee is given a special assignment and instructed to travel
four (4) hours to a city, work for three (3) hours and return home,
the eight (8) hours in travel, as well as the actual work time,
are compensable. The employee will not be compensated for travel
from home to the workplace or official headquarters.
.......7.13.b. Travel time that
is part of a non-exempt employee's principal activity, such as travel
from a central meeting place to a job site or travel from job site
to job site during the work day, must be counted as hours worked.
If an employee normally finishes work at one job site at 5:00 p.m.
and is sent to another until 8:00 p.m. and then is required to return
to his/her headquarters arriving at 9:00 p.m., all the time is work
time. However, if the employee goes home instead of returning to
his/her employer's premises, the travel after 8:00 p.m. is home
to work travel and is not counted as hours worked. If an employee's
home is their assigned headquarters, the previous line is not applicable.
7.14. Overtime Classification
.......7.14.a. An employee's
work title in itself does not distinguish exemption or eligibility
for overtime classification. A review of the actual duties performed
distinguishes whether a particular employee is exempt or covered
by the overtime provisions of the Fair Labor Standards Act (FLSA).
The Personnel Director with the assistance of an Evaluation Committee
and division management will make this determination for every position.
.......7.14.b. Any employee
actually employed in a bona fide EXECUTIVE, ADMINISTRATIVE, or PROFESSIONAL
capacity is excluded from the provisions for overtime compensation.
The following provisions shall determine the employee's exemption
from the overtime provisions of all Federal and State wage and hour
laws, rules and regulations. General examples of exempt employee
classifications are provided.
..............7.14.b.A. EXECUTIVE
- (Commissioner, Deputy Commissioner, Division Directors, Managers,
etc.) is an employee: whose primary duty consists of the management
of the enterprise in which he/she is employed, or of a department
or subdivision of it; who customarily and regularly directs the
work of two (2) or more employees therein; who has the authority
to hire or fire other employees or whose suggestions and recommendations
as to the hiring, firing, advancement, promotion, or other change
of status of other employees is given particular weight; who customarily
and regularly exercises discretionary power; who does not devote
more than 20 percent of his/her hours during the workweek to activities
not directly and closely related to the performance of duties described
in this sentence; and who is compensated for his/her services on
a salary basis at a rate of not less than $250 per week, exclusive
of board, lodging, or other facilities.
..............7.14.b.B. ADMINISTRATIVE
- (Assistant Division Directors, Managers, Supervisors, etc.) is
an employee: whose primary duties consists of either office or non-manual
work directly related to management policies or general business
operations or administrative functions; who customarily and regularly
exercises discretion and independent judgment; who regularly and
directly assists an executive; or who performs, under general supervision
only, specialized work requiring special training, experience, or
knowledge; or who executes under general supervision only, special
assignments and tasks; who does not devote more than 20 percent
of his/her hours worked in the workweek to activities not directly
related to the functions described; and who is compensated for his/her
services on a salary or fee basis at a rate of not less than $250
per week.
..............7.14.b.C. PROFESSIONAL
- (Veterinarian, Accountant, etc.) is an employee: whose primary
duty consists of work requiring advanced knowledge acquired by a
prolonged course of specialized intellectual instruction and study;
whose work that is original and creative in character in a recognized
field of artistic endeavor and the result of which depend primarily
on the employee's invention, imagination, or talent; whose work
requires the consistent exercise of discretion in its performance;
whose work is predominantly intellectual and varied in character;
who does not devote more than 20 percent of his/her hours worked
during the workweek to activities not essential to the work described;
and who is compensated for services on a salary or fee basis at
a rate of not less than $250 per week.
.......7.14.c. Any employee
within the Department is to be considered non-exempt for purposes
of overtime compensation when at least twenty (20) percent of their
actual work duties do not coincide with the exempt provisions previously
cited in this section of the policy.
7.15. Non-exempt employees may work no more than forty (40)
hours in any workweek without receiving overtime compensation in
accordance with Department procedures. (Refer to Section 7.19.a.)
7.16. Non-exempt employees of the Department are not permitted
to work more than forty (40) hours in any workweek unless their
supervisor obtains prior approval from the Division Director. However,
if an employee should work with or without approval, he/she must
still be properly compensated for the hours worked.
7.17. Any supervisor allowing a non-exempt employee to work
more than forty (40) hours in a workweek without the appropriate
approval may be subject to disciplinary action. Accordingly, any
employee covered by this policy who works more than forty (40) hours
without prior approval may also be subject to disciplinary action.
7.18. Each Division Director may establish procedures authorizing
supervisors to arrange work schedules or to schedule overtime in
unforeseen or emergency situations.
7.19. Overtime Compensation
.......7.19.a. FLSA requires
non-exempt employees to be compensated for performing work activity
beyond forty (40) hours in a workweek.
..............7.19.a.A. Non-exempt
employees who work over forty (40) hours in a workweek will be paid
overtime compensation, either compensatory time off or cash payment.
(Refer to Sections 7.19.c. and 7.19.d.)
..............7.19.a.B. Non-exempt
overtime compensation, compensatory time off or cash payment, will
be paid at a rate of one and one-half (1½) hours for every
one (1) hour worked over forty (40) hours in a workweek.
.......7.19.b. The FLSA does
not require exempt employees to be compensated, in any manner, for
performing exempt work activity beyond forty (40) hours in a workweek.
..............7.19.b.A. The
Department has the option to award exempt employees below the level
of Assistant Division Director with compensatory time off for exempt
work activity beyond forty (40) hours in a workweek on an hour-for-hour
basis as business needs dictate. Compensatory time off for exempt
employees may not exceed a forty (40) hour balance.
..............7.19.b.B. Exempt
employees shall not receive additional cash payment for any exempt
work performed beyond forty (40) hours in a workweek. Exceptions
must be approved by the Commissioner.
.......7.19.c. Compensatory
Time Off
..............7.19.c.A. Non-exempt
employees may be compensated for actual work activities performed
beyond forty (40) hours in a workweek with compensatory time off.
.....................7.19.c.A.(a).
Compensatory time accrued can never exceed a maximum of two
hundred forty (240) hours (seasonal work as exempted by law).
.....................7.19.c.A.(b).
Division Directors have a mandatory duty to monitor and manage compensatory
time earned and used by their employees. It is the their responsibility
to work with the employee to schedule the compensatory time earned
to be used as soon as possible after it is earned. Compensatory
time, should not be allowed to accumulate and be carried an extended
period of time. The Department's goal is that it be kept at zero
(0), to the extent possible, by good management practices.
..............7.19.c.B. Compensatory
time for non-exempt employees will be accrued at a rate of one and
one-half (1½) hours for every one (1) hour worked over forty
(40) hours in a workweek. For example, a non-exempt employee who
works forty-three (43) hours in a workweek will earn four and one-half
(4½) hours of compensatory time (e.g., 3 x 1.5 = 4.5).
..............7.19.c.C. Non-exempt
employees will be paid for any earned but unused compensatory time
when the employee retires, resigns or otherwise is discharged.
..............7.19.c.D. The
Department has the option to award exempt employees below the level
of Assistant Division Director with compensatory time off for exempt
work activity beyond forty (40) hours in a workweek as business
needs dictate. (Refer to Section 7.19.b.A.)
..............7.19.c.E. Exempt
employees below the level of Assistant Division Director may be
awarded compensatory time on a straight time, hour-for-hour basis,
for exempt work activity beyond forty (40) hours in a workweek.
For example, an exempt employee who works forty-eight (48) hours
in a workweek may earn eight (8) hours of compensatory time (e.g.,
8 x 1 = 8).
..............7.19.c.F. Exempt
employees may only accumulate a maximum of forty (40) compensatory
hours.
..............7.19.c.G. Exempt
employees and division timekeepers will keep records of compensatory
hours awarded and used.
..............7.19.c.H. Upon
separation from Department service, any compensatory time balance
shall be forfeited by exempt employees.
.......7.19.d. Cash Payment
for Overtime
..............7.19.d.A. Non-exempt
employees may be compensated with cash payments for actual work
activities performed beyond forty (40) hours in a workweek. (Refer
to Section 7.19.a.A.)
..............7.19.d.B. Exempt
employees shall not receive cash payment for any exempt work performed
beyond forty (40) hours in a workweek. (Refer to Section 7.19.b.B.)
..............7.19.d.C. Non-exempt
overtime cash payment will be paid at a rate of one and one-half
(1½) hours for every one (1) hour worked over forty (40)
hours in a workweek. An employee's hourly rate for the purposes
of overtime compensation is calculated as follows: annual salary
/ 2080 hours = hourly rate (e.g., $26,000 / 2080 = $12.50).
.......7.19.e. All requests
for payment of overtime for work in excess of forty (40) hours in
a workweek by a non-exempt employee must be submitted by providing
the Administrative Services Division with a copy of the employee's
Time and Attendance Report (T&A) for the relevant workweek.
A supply of these documents will be provided to each office and
must be submitted by the following pay period for which the overtime
work was performed and within the first two (2) days of the scheduled
pay period.
.......7.19.f. Each employee
is responsible for promptly reporting overtime hours worked to their
supervisor. The supervisor is responsible for promptly informing
the Administrative Services Division that overtime hours have been
worked, and for documenting those hours.
7.20. Temporary Salary Adjustment
.......7.20.a. Due to staff
turnover, employees are occasionally called upon to temporarily
perform the essential job functions of more than one (1) position
simultaneously. In these rare situations, the Commissioner has the
discretion to authorize up to a six (6) month temporary salary increase.
.......7.20.b. This temporary
salary adjustment is neither mandatory nor automatic. Division Director's
may submit a written request for the temporary salary adjustment
to the Commissioner provided:
..............7.20.b.A. the
temporary assignment is expected to be at least one (1) month in
duration; and
..............7.20.b.B. surplus
"Personal Services" money is available to cover all the
related expenses.
.......7.20.c. The Commissioner
may grant a temporary salary adjustment at his/her discretion based
on the Department's needs and available funding.
7.21. Reporting
.......7.21.a. Schedule adjustments
in accordance with these policies must be noted by supervisors on
the T&A form.
.......7.21.b. When a full-time
employee of the Department actually works on a holiday, documentation
indicating the hours worked on this holiday must be submitted to
the division timekeeper by the end of the workweek.
..............7.21.b.A. Employees
compensated by a salary shall document when they are using Holiday
Credit Earned (HCE) on the Department leave slip by clearly indicating
that holiday time is being used and which holiday is involved.
..............7.21.b.B. When
HCE is used, a leave slip must also be submitted indicating that
HCE is being taken.
7.22. Time and Attendance Report (T&A) Forms
.......7.22.a. The Department
will issue T&A forms to be used by employees. These forms may
be obtained by request to the Administrative Services Division.
.......7.22.b. Each division
will be audited by the Administrative Services Division to ensure
compliance with these policies.
.......7.22.c. Each employee
is responsible for completing the appropriate T&A form for each
workweek and submitting it to their immediate supervisor.
.......7.22.d. T&A forms
shall be maintained in a manner designated by the Administrative
Services Division.
.......7.22.e. If the employee
records authorized leave time or overtime, the division is responsible
for verifying the accuracy of the records.
.......7.22.f. If two (2) T&A
forms are needed for any workweek, they shall be submitted stapled
together along with a copy of each approved annual leave or sick
leave form, if available. If the approved leave form(s) are not
available, the Division Director shall attach them as they become
available.
.......7.22.g. The comment section
of the T&A form should be used to explain items that may be
mandated in the management of the employee's time and attendance.
.......7.22.h. Each Division
will accumulate and audit all time and attendance records, including
leave request forms and forward them to the Administrative Services
Division by the 15th day of the following month. These documents
must be kept in a secure location as they are considered personal
in nature. Only authorized auditors and management supervisors will
have authority to review these records.
7.23. Each division shall record the earning and use of compensatory
time and overtime. Time and attendance records must indicate when
overtime is earned and when compensatory time is used. Each division
will record compensatory time in the Leave System, and ensure that
these records are accurate and current. (Refer to Sections 7.8.e.)
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