SOP 104.37: Working Hours, Overtime, and Compensatory Time

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
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|Policy Name:Working Hours, Overtime, and Compensatory Time|Policy Name:Working Hours, Overtime, and Compensatory Time|Policy Name:Working Hours, Overtime, and Compensatory Time|
|Policy Number: 104.37|Effective Date: 4/18/2017|Page Number 1 of 20|
|Authority:
Commissioner|Originating Division:
Administration and Finance
Division (Human Resources)|Access Listing:
Level I: All Access|

I. Introduction and Summary: Supervisors will administer working hours,
overtime, and compensatory time as set out in the rules, regulations, and
procedures established by the Fair Labor Standards Act (FLSA), the Governor's
Office of Planning and Budget, the Department of Administrative Services –
Human Resources Administration and the Georgia Department of Corrections
(GDC).

II. Authority:
A. Fair Labor Standards Act: C.F.R. Title 29;
B. OPB/DOAS/HRA Policy Memorandum No. 7, effective Jan. 1, 2009:
C. State Personnel Board Rule: 478-1-.16 Absence from Work; and
D. GDC SOPs: 205.06 Administrative Duty Officer, 104.01 Delegation of

Authority, 104.03 Bulletin Boards, 104.39.04 Leave Without Pay, 104.39.05
Military Leave, 104.39.09 Court Leave, 104.66 Teleworking, and 104.67
Official Hours and Alternative Work Schedules.

III. Definitions:
A. Appointing Authority - The Commissioner and those whom the

Commissioner has delegated as outlined in SOP 104.01 Delegation of
Authority.

B. Compensatory Time - Compensatory time compensates an employee for

time worked or total time accrued beyond established maximums. There are
three (3) distinctly different types of compensatory time listed as follows:

1. FLSA Compensatory Time: Earned when a Non-Exempt employee

works in excess of the maximum hours in the designated work period.
All hours and minutes must be physically worked in the work period (e.g.,
a law enforcement/security officer whose designated work period
maximum is 171 hours must physically work more than 171 hours to earn
FLSA compensatory time). This compensatory time is earned at the rate
of one and one-half (1½) times the hours and minutes over the maximum
hours allowed.

2. State Compensatory Time: Earned when an employee’s credited work

time (hours and minutes) and observed State Holiday time (employee

|GEORGIA DEPARTMENT OF CORRECTIONS
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|Policy Name:Working Hours, Overtime, and Compensatory Time|Policy Name:Working Hours, Overtime, and Compensatory Time|Policy Name:Working Hours, Overtime, and Compensatory Time|
|Policy Number: 104.37|Effective Date: 4/18/2017|Page Number 2 of 20|
|Authority:
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Division (Human Resources)|Access Listing:
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does not work on holiday) total more than the scheduled number of hours
in a work period, but the employee does not physically work over the
maximum. (i.e. a holiday or annual/sick/personal leave taken).
Employees must be holiday eligible in order to earn State Compensatory
time. To be eligible, an employee must be full time and in pay status.
State Compensatory time is earned on a straight time basis for an
employee’s time credits that exceed the work period maximum. Exempt
employees may earn state compensatory time for time worked in excess
of the maximum hours in their assigned work period.

3. Holiday Deferral (Holiday Compensatory Time): Earned when an

eligible employee works any hours and minutes on a day designated by
the Governor as a state holiday. Holiday deferral is earned at the rate of
one-for-one for all time worked up to 8 hours per holiday maximum.

C. Assistant Commissioners - Exercise managerial authority (and other

responsibilities as delegated or designated by the Commissioner) over this
agency’s major divisions.

D. Chief of Staff - Serves as the Appointing Authority for senior and key

management level positions.

E. Exempt Employees - Employees who satisfy the salary basis and duties test

are Exempt from the minimum wage and overtime provisions of the FLSA.

F. Non-Exempt Employees - Employees who do not meet the tests or

definitions of an Exempt employee and must be compensated for time
physically worked in excess of the allowed number of hours in a specified
work period. There are two categories of Non-Exempt employees: nonsecurity, which does not require Peace Officer Standards and Training
(P.O.S.T.) certification, and security/law enforcement, which generally
requires P.O.S.T. certification.

G. Overtime - Overtime is used to compensate a Non-Exempt employee for any

time worked beyond the maximum permitted hours for a designated work
period under the FLSA. Overtime is compensated at the rate of one and onehalf hours for every one hour worked beyond the maximum. Time worked

|GEORGIA DEPARTMENT OF CORRECTIONS
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|Policy Name:Working Hours, Overtime, and Compensatory Time|Policy Name:Working Hours, Overtime, and Compensatory Time|Policy Name:Working Hours, Overtime, and Compensatory Time|
|Policy Number: 104.37|Effective Date: 4/18/2017|Page Number 3 of 20|
|Authority:
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beyond the maximum for the work period may not be rounded up or down
and must be accounted by the minute.

H. Work Period/Cycle/Rotation - Various terms used to indicate the regularly

scheduled work period assigned by the Appointing Authority over a
designated time span.

V. Statement of Policy & Applicable Procedures:

Employees cannot waive their rights to compensation under the Fair Labor Standard
Act. This procedure applies to all GDC employees, including classified or unclassified and full-time or part-time.

A. Hours and Work Periods: Appointing Authorities will ensure that each

employee is assigned to a Department-approved work period and that
supervisors enforce work period compliance. Work periods are as follows:

1. Non-security employees: The standard work period for non-security

employees, both Exempt and Non-Exempt, consists of seven consecutive
twenty-four hour days. The standard work period for non-security
employees starts at 1:00 a.m. on Saturday, and ends at 12:59 a.m. the
following Saturday. Standard work days are Monday through Friday,
eight (8) hours per day. Appointing Authorities shall designate work
hours each day according to GDC SOP 104.67, “Official Hours and
Alternative Work Schedules”. Immediate supervisors must ensure
employee compliance as follows:

a. Full-time, non-security employees must work or take paid leave for a

minimum of 40 hours in each seven-day work period to receive full
compensation. Non-Exempt employees who physically work over
forty (40) hours in a work period are entitled to compensatory time or
cash overtime, as deemed appropriate by the Appointing Authority.

NOTE: Certain employees in GDC nursing positions may be
assigned to work periods of 14 consecutive calendar days and 80
hours of work in duration. Appointing Authorities shall
coordinate with the Director, Human Resources to assign these

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
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|Policy Name:Working Hours, Overtime, and Compensatory Time|Policy Name:Working Hours, Overtime, and Compensatory Time|Policy Name:Working Hours, Overtime, and Compensatory Time|
|Policy Number: 104.37|Effective Date: 4/18/2017|Page Number 4 of 20|
|Authority:
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Division (Human Resources)|Access Listing:
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employees to a 14 calendar day work schedules and comply with
FLSA regulations.

b. Appointing Authorities must submit a request to the Director, Human

Resources to establish work periods with starting and ending days
different than the standard work period. Variances to the standard
work period may be approved as long as the employee's minimum
work hours are forty (40) in the specified seven-day period. This plan
must be established between the employee and the Appointing
Authority through written agreement.

c. Within the work period, work hours shall be assigned by the

Appointing Authority in compliance with GDC SOP 104.67.
However, an Appointing Authority may not change the employee's
scheduled work period start and end dates and times to prevent the
employee from earning extra compensation.

2. Security/Law Enforcement Employees: Work periods for law

enforcement and fire protection employees may be established for any
period between seven and twenty-eight days (43 hours to 171 hours,
respectively). Eligibility for overtime is based on Non-Exempt employees
exceeding the maximum number of hours for the established work period.

a. The following chart outlines the maximum hours for each work

period. Employees are entitled to compensatory time or overtime
compensation at the rate of one and one-half times the regular rate for
any time worked (hours and minutes) over the maximum hours listed
for the specific schedule.

MAXIMUM HOURS WORKED (ROUNDED) BEFORE OVERTIME

Consecutive-Day Hours of Law
Work Period Enforcement

28 171
27 165
26 159
25 153

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
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|Policy Name:Working Hours, Overtime, and Compensatory Time|Policy Name:Working Hours, Overtime, and Compensatory Time|Policy Name:Working Hours, Overtime, and Compensatory Time|
|Policy Number: 104.37|Effective Date: 4/18/2017|Page Number 5 of 20|
|Authority:
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24 147
23 141
22 134
21 128
20 122
19 116
18 110
17 104
16 98
15 92
14 86
13 79
12 73
11 67
10 61
9 55
8 49
7 43

b. Standard security work periods and scheduled hours within the work

periods for the Department are:

STANDARD WORK PERIODS SCHEDULED HOURS

5/2, 28 days, 171 hours 165

6/3, 27 days, 165 hours 148 hrs. 30 min.

4/4, 24 days, 147 hours 144

5/2, 7 days, 43 hours 41 hrs. 15 min.

c. Appointing Authorities must submit a request to the Director, Human

Resources to establish work periods that vary from the standard work
periods mentioned above.

d. Requests for non-standard work periods shall include intentions

concerning the lunch or duty free period. Security/Law Enforcement

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
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|Policy Name:Working Hours, Overtime, and Compensatory Time|Policy Name:Working Hours, Overtime, and Compensatory Time|Policy Name:Working Hours, Overtime, and Compensatory Time|
|Policy Number: 104.37|Effective Date: 4/18/2017|Page Number 6 of 20|
|Authority:
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Administration and Finance
Division (Human Resources)|Access Listing:
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employees shall receive a lunch or duty free period for any shift
longer than 10 hours 30 minutes.

e. GDC fire protection employees will work or take paid leave under the

same conditions as law enforcement personnel.

f. Any work period or partial work period for security employees (i.e.,

changing work period during mid-schedule) having less than seven
days will have the maximum number of hours established under the
following schedule: (1 work day = 8 hours 36 minutes; 2 work days
= 16 hours 51 minutes; 3 work days = 25 hours 17 minutes; 4 work
days = 33 hours 42 minutes; 5 work days = 43 hours).

Note: If a security employee is changed from one work period
rotation or "key" to another "key" with different work days and
off-days, the Appointing Authority/designee must submit a time
sheet of the "key" the employee just left so reported time can be
immediately approved. All overtime earned should be approved
and paid accordingly.

3. Security employees, through work or a combination of work, paid leave,

holidays, and other management approved leaves of absence, should meet
scheduled hours for every work period. Paid leave (Annual, Sick, or
Personal) charged for approved absences, will be for shift length
including shift briefing (e.g., 8 hours and 15 minutes, 9 hours or 10
hours).

4. If the amount of an employee’s accumulated time falls between the work

period’s minimum hours and maximum hours, then Appointing
Authorities/designees may retroactively restore paid leave to the
scheduled work hours for an assigned work period. Appointing
Authorities/designees may deduct leave for security/law enforcement
employees if needed after the timesheets for the work period have been
totaled and finalized.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
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|Policy Name:Working Hours, Overtime, and Compensatory Time|Policy Name:Working Hours, Overtime, and Compensatory Time|Policy Name:Working Hours, Overtime, and Compensatory Time|
|Policy Number: 104.37|Effective Date: 4/18/2017|Page Number 7 of 20|
|Authority:
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B. FLSA Status Determination/Designations:

1. The Correctional Human Resource Management (CHRM) Workforce

Development Unit determines each position’s FLSA status, with final
approval by the Director of Human Resources.

2. Supervisors must know each subordinate’s FLSA status to properly

control work hours and assign work.

3. HR Representatives may review an encumbered position’s FLSA status

as follows: Access PeopleSoft and select Workforce Administration > Job
Information > Job Data, then go to the Job Information tab and locate
FLSA Status near the bottom of the computer screen.

NOTE : The FLSA designation in the PeopleSoft System may be
incorrect for vacant positions; therefore, contact the CHRM
Workforce Development Unit for assistance.

4. Supervisors should consult the local HR Representative if there are any

questions, inconsistencies, or concerns.

5. If the duties of a position appear to warrant a change in FLSA designation,

the Appointing Authority shall forward a written request to the CHRM
Workforce Development Unit with supporting documents that indicate
the position’s duties (e.g., an updated Performance Management Plan).

6. The CHRM Workforce Development Unit will communicate changes to

a position’s FLSA status to the local HR Representative.

C. Hours Worked (All Employees):

1. Appointing Authorities will ensure that Exempt employees' work hours

are maintained in accordance with the GDC’s Exempt Employee time
keeping system.

2. Appointing Authorities must control Non-Exempt employees’ work

hours to ensure that no work outside scheduled hours is performed if the
Appointing Authority does not want the work performed.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Working Hours, Overtime, and Compensatory Time|Policy Name:Working Hours, Overtime, and Compensatory Time|Policy Name:Working Hours, Overtime, and Compensatory Time|
|Policy Number: 104.37|Effective Date: 4/18/2017|Page Number 8 of 20|
|Authority:
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Division (Human Resources)|Access Listing:
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3. Non-Exempt employees must be compensated for all hours worked.

Generally, all time the Non-Exempt employee is required or permitted to
perform services for the employer’s benefit, including time outside the
scheduled work period or off premises, are hours worked and must be
recorded. The work day begins when the first official act of work occurs.

4. Work performed by an employee that is permitted, even if the work was

not requested or authorized, must be counted as hours worked. Each
supervisor shall monitor subordinates’ work and ensure that employees
do not perform work that management does not want performed.

5. The mere announcement of a rule against performing work during non
scheduled work hours is not sufficient to relieve the employer of the
liability for extra time worked.

6. Supervisors must not allow Non-Exempt employees to occupy their work

stations before or after scheduled working hours or during unpaid meal
periods. Non-Exempt employees occupying their workstation or post
before or after scheduled work time may be able to claim such time as
work time.

7. The Appointing Authority must approve time worked outside the normal

scheduled work hours in advance, except in cases of emergencies. In
emergency situations, Appointing Authorities must be notified as soon as
possible.

NOTE: To avoid the potential for FLSA overtime liability, employees
who are FLSA Non-Exempt are not authorized to work for another
State agency.

D. Meal Periods/Break Time:

1. The FLSA does not require employers to provide a meal period for

employees. However, if the meal break is to be unpaid, the FLSA
mandates that the break must be a minimum of thirty (30) minutes of
uninterrupted work-free time for the employee.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
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|Policy Name:Working Hours, Overtime, and Compensatory Time|Policy Name:Working Hours, Overtime, and Compensatory Time|Policy Name:Working Hours, Overtime, and Compensatory Time|
|Policy Number: 104.37|Effective Date: 4/18/2017|Page Number 9 of 20|
|Authority:
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2. GDC employees are not permitted to work through their meal period on

a regular basis in order to shorten their workday.

3. Employees who work shifts longer than 10 hours 30 minutes must receive

a 30-minute work free meal period, except when the Appointing
Authority determines that institutional security requirements for
particular days (no on-going situations) dictate meal period waivers.

4. When workload allows, an Appointing Authority may allow an employee

up to two "breaks" each lasting 15 minutes or less per day. These breaks
are considered work time, and are not a mandatory requirement.

5. State policy mandates that a supervisor may not allow an employee to

lengthen a meal period, report to work late, or depart early for not taking
or for "working through" a break.

E. Shift Briefings:

1. The Appointing Authority determines if a shift briefing is needed and the

period of time needed for that briefing.

2. Any shift briefing time, pre-shift and/or post-shift, is work time and must

be accurately recorded, and counts toward total hours to be compensated.

3. Time required for shift briefing is included in the calculation of the

scheduled hours for the work period. Therefore, if an employee is absent
for an entire day, leave must be utilized to cover the entire shift including
the briefing (8 hours/15 minutes, 8 hours/ 30 minutes, 9 hours, etc.).

F. On-Call/Call-Back Time:

1. On-Call Time: On-call time is not work time unless the employee is

required to remain at a specific location or so close thereto they may not
use the time for their own purposes. An employee who is only required
to wear a paging device, answer a cellphone call, or to leave word where
he/she can be reached is not considered to be working.

a. When an employee serves as duty officer, the following counts as

work time:

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
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|Policy Name:Working Hours, Overtime, and Compensatory Time|Policy Name:Working Hours, Overtime, and Compensatory Time|Policy Name:Working Hours, Overtime, and Compensatory Time|
|Policy Number: 104.37|Effective Date: 4/18/2017|Page Number 10 of 20|
|Authority:
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i. Time spent on the telephone talking with the work site (i.e. text,

emails, telephone calls), and

ii. Time actually spent at the work site after normal scheduled work

hours.

b. The time spent commuting from place of residence to the work site

while serving as duty officer is not work time.

c. The employee who served as duty officer must record all times

worked (hours and minutes) on the official timekeeping system.

d. If the employee who served as duty officer has instances of adjusted

work schedule during the same work period as the duty officer
assignment, this employee’s work time, leave, and/or eligible
holidays combined must still meet the required total time for the
assigned work period.

2. Call-Back Time: When any Non-Exempt employee is called back to the

work site during his/her off time, the time actually spent at the work site
counts as work time and must be recorded by the official timekeeping
system.

a. Non-Exempt employees who are scheduled to be "on-call" and meet

all other provisions will be paid a supplement equivalent to one hour
of pay for each time the employee is called back to the work site.

i. This supplement will be paid regardless of the length of time spent

at a work site, and is addition to overtime earned;

ii. Schedule adjustments or compensatory time may not be given to

an employee in lieu of Call-Back pay; and

iii. Employees who are subject to being called back to work for public

safety purposes (e.g., Correctional Officers) are not eligible for
the supplement.

|GEORGIA DEPARTMENT OF CORRECTIONS
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|Policy Name:Working Hours, Overtime, and Compensatory Time|Policy Name:Working Hours, Overtime, and Compensatory Time|Policy Name:Working Hours, Overtime, and Compensatory Time|
|Policy Number: 104.37|Effective Date: 4/18/2017|Page Number 11 of 20|
|Authority:
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G. Sleep Time:
1. In certain situations, GDC will assign designated employees to work

shifts in excess of 24 hours for business necessity. If a continuous work
shift exceeds 24 hours, the Appointing Authority may declare unpaid
sleep time. An employee will not be paid for declared unpaid sleep time
if the following conditions are met:

a. The employee is provided adequate sleeping arrangements, which, at

a minimum, include mattresses, blankets, etc., conditioned in-door
climates suitable for sleeping or suitable outdoor provisions to protect
the sleeper from pests and weather conditions, if applicable, and quiet
locations suitable for uninterrupted sleep;

b. The declared sleep time is at least five (5) hours but not more than

eight (8) hours of uninterrupted sleep; and

c. The employee signed a "Sleep Time Requirements
Acknowledgement Statement" containing sleep time requirements,
which is on file in the local HR Office and in CHRM.

2. The Appointing Authority may schedule an employee for continuous

work shifts exceeding 24 hours up to five (5) consecutive calendar days.
After five (5) consecutive days, the assigned employee must receive a
forty-eight-hour break before being called back to duty, unless otherwise
agreed upon in writing by the employee.

3. If possible, employees will be notified in advance that a situation requires

them to report for a shift that may involve unpaid sleep time.

4. If one or more of the conditions in item #1 above are not met, then

employees must be paid for all time spent sleeping.

H. Mandatory Training:

1. Mandatory training is work time. Normally, work schedules and training

schedules are to be adjusted so those employees do not attend training
classes on their time off.

|GEORGIA DEPARTMENT OF CORRECTIONS
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|Policy Name:Working Hours, Overtime, and Compensatory Time|Policy Name:Working Hours, Overtime, and Compensatory Time|Policy Name:Working Hours, Overtime, and Compensatory Time|
|Policy Number: 104.37|Effective Date: 4/18/2017|Page Number 12 of 20|
|Authority:
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2. Employees who attend training will receive work time credits equaling

work time (hours and minutes) as regularly scheduled at the work location
provided it is a full day of training, e.g., an officer working a shift of 8
hours/15 minutes will receive work time credit on the actual full day of
training for his/her regularly scheduled work day of 8 hours/15 minutes;
an employee who works four 10-hour days will receive work time credit
on the actual full day of training for his regularly scheduled work day of
10 hours.

3. If travel time and full-day training time exceed the regular, daily

scheduled work time, the employee must itemize the training day,
including meal breaks, using the current official timekeeping system.

I. Travel Time:

1. GDC compensates employees for travel during regularly scheduled work

hours.

2. Time spent traveling from home or an out-of-town lodging arrangement

to the work site and back home or the lodging arrangement (normal
commute time) does not count as work time. This is the case whether an
employee works at a fixed location or at different job sites.

3. An official work site location must be assigned to each employee to

establish normal commute time.

4. If an employee’s position requires regular or daily travel, then normal

commute time must be omitted from an employee’s travel time to job
assignments or field assignments where the employee is not required to
first report to an official work site.

5. An employee assigned to work in another city for one day (does not spend

the night) counts all travel time (except time taken for meal breaks) as
work time. For purposes of this provision, Metropolitan Atlanta is
considered one city.

6. An employee assigned to out-of-town duty that involves lodging (i.e.,

either operator of a vehicle or passenger) may count all travel time as

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|Authority:
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work time (except time taken for meal breaks). GDC excludes from work
time traveled between the employee's home and location where a change
in mode of transportation is made. Likewise, travel time must not be
awarded for reasonable travel time from lodging to the assigned work site
and from the assigned work site back to lodging.

J. Compliance with Regulations and Policies:

1. The FLSA requires that a notice to employees concerning the reporting

of all time worked must be posted. Appointing Authorities must ensure
that this employee notice Attachment 3, GDC Notice to Employees is
posted, at a minimum, on each Official Bulletin Board.

NOTE : Information on availability of this federally required notice
may be found by navigating to: Captiva < Administration & Finance
Division < Administration < Human Resources < Official Bulletin
Board< Fair Labor Standards Act Poster

2. Each prospective employee is required to initial the acknowledgement

form contained in the New Hire Packet that FLSA compensatory time or
monetary payment may be used. The Director, Human Resources must
be notified immediately if a prospective employee refuses to initial the
form. Such individual shall not commence work until permission is
received from the Director, Human Resources.

3. All individuals who were employed by the State on, or prior to April 15,

1986, and have been continuously employed since that date, are
considered to have agreed to the use of FLSA compensatory time as a
condition of employment .

K. Record-keeping Mandates and Requirements:

1. Employers covered by FLSA must maintain wage and time records on

Non-Exempt employees.

2. Each work day, employees must record time worked (hours and minutes)

worked, including start and stop times, using GDC’s timekeeping system.
Customized time sheets or record keeping systems that are operationally
necessary must be submitted to the Director, Human Resources for

|GEORGIA DEPARTMENT OF CORRECTIONS
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|Policy Name:Working Hours, Overtime, and Compensatory Time|Policy Name:Working Hours, Overtime, and Compensatory Time|Policy Name:Working Hours, Overtime, and Compensatory Time|
|Policy Number: 104.37|Effective Date: 4/18/2017|Page Number 14 of 20|
|Authority:
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Administration and Finance
Division (Human Resources)|Access Listing:
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approval. Time records must include total hours worked each work
period.

3. The time records are to be based solely on the employee's work period.

They cannot be based on a calendar month, a payroll pay period, etc.
Work units that require non-standard time sheets must submit examples
and justification to the Director, Human Resources for approval prior to
the use of such forms.

4. Each Appointing Authority is responsible for ensuring that non-security,

full-time employee work the required 40 hours per week or equivalent,
and that variances are accounted for by use of leave, leave without pay,
or compensatory time.

5. Each Appointing Authority is responsible for ensuring that security/law

enforcement, full-time employee actually work the required number of
hours established for the assigned work period. All work periods have
required work hours (e.g., 7-day period = 40 hours; 24-day period with
shift briefing = 141 hours; 27-day period with 15-minute briefing each
shift = 148 hours/30 minutes; and 28-day period with no shift briefing =
160 hours). Any actual time worked variance which falls below required
hours must be documented and paid leave, compensatory time, or leave
without pay charged to the employee whose work time falls short of the
required work period hours.

6. DO NOT reconstruct time records in the event of lost or misplaced

records.

a. If an employee claims time worked over the maximum hours and time

records are unavailable, other forms of proof, such as training records,
absentee reports, duty rosters, use of force reports, or any document
with a date and time stamp, may verify time worked; and

b. If hours over the maximum cannot be verified, the Director of Human

Resource will be notified.

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|Policy Name:Working Hours, Overtime, and Compensatory Time|Policy Name:Working Hours, Overtime, and Compensatory Time|Policy Name:Working Hours, Overtime, and Compensatory Time|
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|Authority:
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7. Upon transfer within GDC, an accurate Leave Verification form must be

sent to the employee's new assigned facility.

L. Holidays and Paid Leave Time Credits:

1. Time spent using paid Leave (Annual, Sick, or Personal only) or State

Holidays designated by the Governor counts toward the total hours to be
compensated for the work period.

2. An employee, who is approved for Military Leave or Administrative

Leave, remains in pay status, but does not receive time credits for
purposes of awarding compensatory time.

M. Methods of Compensation:

1. The FLSA does not limit the number of hours that an employee may

work. It simply requires that overtime compensation for Non-Exempt
employees must be granted at a rate of not less than one and one-half
times the regular rate for each hour physically worked in the work period
in excess of the maximum hours applicable to the type of employment.

2. FLSA does not require that an employee be granted one and one-half

times compensation for hours worked in excess of eight hours per day, or
for work on holidays, or on scheduled off days, provided the maximum
number of hours prescribed in the FLSA are not exceeded.

3. Exempt employees may earn State Compensatory Time when the total

hours for a work period exceed the normally scheduled hours. (See
limitations in paragraph 4.c. below)

4. Non-Exempt employees are not entitled to FLSA compensation for any

hours worked less than the maximum hours allowable under FLSA (e.g.,
non-security = 40 hours, maximum; security/law enforcement under
assigned schedule such as 27 days = 165 maximum, 28 days = 171
maximum, etc.) Non-Exempt employees who exceed the maximum
number of hours allowed during their work period should be compensated
by one of the following methods:

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Working Hours, Overtime, and Compensatory Time|Policy Name:Working Hours, Overtime, and Compensatory Time|Policy Name:Working Hours, Overtime, and Compensatory Time|
|Policy Number: 104.37|Effective Date: 4/18/2017|Page Number 16 of 20|
|Authority:
Commissioner|Originating Division:
Administration and Finance
Division (Human Resources)|Access Listing:
Level I: All Access|

a. Schedule Adjustment: An Appointing Authority must give an

employee one hour for each extra hour worked before the end of the
employee's work period. This is not granting an employee
compensatory time or overtime; it is a schedule adjustment .

b. FLSA Compensatory Time: Non-Exempt employees only earn FLSA

Compensatory Time when they physically work more than the
maximum hours allowed for the work period and their work schedule
cannot be adjusted prior to the end of the work period. The employee
earns FLSA compensatory time at one and one-half times the regular
rate of pay.

i. Non-security employees may earn a maximum of 240 hours of

FLSA compensatory time. Any overtime earned over that
maximum is to be paid by monetary compensation.

ii. Security/Law Enforcement employees may earn a maximum of

480 hours of FLSA compensatory time. Any overtime earned over
the maximum is to be paid by monetary compensation.

c. State Compensatory Time: State Compensatory Time compensates an

employee for non-FLSA overtime on a one-to-one ratio.

NOTE: Appointing Authorities may restore leave already used
in the work period to reduce or eliminate the accumulation of
State Compensatory Time.

i. The maximum state compensatory time accrual allowed is 240

hours. Any state compensatory time earned in excess of 240 hours
is lost. An employee will not be compensated for such time in
any manner, and it will not transfer with the employee to another
State Agency.

ii. All State Compensatory Time must be utilized within one year of

the date that it is earned.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Working Hours, Overtime, and Compensatory Time|Policy Name:Working Hours, Overtime, and Compensatory Time|Policy Name:Working Hours, Overtime, and Compensatory Time|
|Policy Number: 104.37|Effective Date: 4/18/2017|Page Number 17 of 20|
|Authority:
Commissioner|Originating Division:
Administration and Finance
Division (Human Resources)|Access Listing:
Level I: All Access|

iii. The use of State Compensatory Time will not be approved until

all available Deferred Holiday time and FLSA compensatory time
has been used.

d. Leave keepers shall charge absences to accumulated compensatory

time balances in lieu of other requested paid leave such as annual,
sick, or personal leave. An exception may be made late in the
calendar year when an employee should be allowed to use personal
leave for an approved absence rather than lose it.

NOTE: Appointing Authorities may direct employees to schedule
and take time off from work to use and reduce FLSA
compensatory balances.

N. Authorizing FLSA Overtime:

1. Each Appointing Authority foreseeing the need for overtime work must

consider all reasonable alternatives. In emergencies, Appointing
Authorities must take prudent action and when those actions include
overtime, follow up as soon as possible using the procedures below:

a. Approval for FLSA overtime:

i. Attachment 1, Overtime Claim and Payment Request and

Attachment 2, Overtime Payment Request must be submitted to
the appropriate Region Director/Designee, if applicable.

ii. When forms are received, the Region Director/Designee will

submit to Facility Operations Administrative Support Office for
approval then to CHRM for processing.

iii. All requests for overtime for Exempt employees must be

approved, in advance, by the Director, Human Resources.

b. Claims for Overtime Payment:

i. Claims for payment of cash overtime may be submitted by

completing Attachment 1, Overtime Claim and Payment Request,
or in a manner approved by Director of Human Resource. The

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Working Hours, Overtime, and Compensatory Time|Policy Name:Working Hours, Overtime, and Compensatory Time|Policy Name:Working Hours, Overtime, and Compensatory Time|
|Policy Number: 104.37|Effective Date: 4/18/2017|Page Number 18 of 20|
|Authority:
Commissioner|Originating Division:
Administration and Finance
Division (Human Resources)|Access Listing:
Level I: All Access|

date of the work period should be the date that the period began,
regardless of whether the employee worked on that date.
Additionally, the claim sheet should reflect the entire work period,
including scheduled off days, holidays, leave, etc. for that
employee, unless prior approval has been obtained to make a
special exception.

ii. The hourly rate for payment of FLSA Compensatory Time will be

calculated based on the employee's monthly salary, plus any
additional pay supplements at the time the pay supplements are
paid.

2. GDC Options - GDC has discretion at any time to:

a. Monetarily compensate employees for any accumulated balance of

compensatory time; or

b. Direct the use of accumulated compensatory time to reduce the

retained balances of individual employees.

O. Use of Compensatory Time for Employee Transfers within GDC:

1. When a Non-Exempt employee leaves the jurisdiction of an Appointing

Authority by promotion, transfer, or demotion, that Appointing Authority
must diminish FLSA compensatory time, and the Appointing Authority
should make every reasonable effort to assist the employee in diminishing
other types of accumulated compensatory time.

a. FLSA compensatory time must be reduced to a zero (0) balance

before the effective date of a transfer to another GDC Departments.
Use of FLSA compensatory time will be at the pay grade in which the
employee accumulated the FLSA compensatory time, except for
demotion (which would be effective on the date set by the Appointing
Authority).

b. When FLSA compensatory time cannot be brought to a zero balance,

payment must be made to the employee prior to the transfer.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Working Hours, Overtime, and Compensatory Time|Policy Name:Working Hours, Overtime, and Compensatory Time|Policy Name:Working Hours, Overtime, and Compensatory Time|
|Policy Number: 104.37|Effective Date: 4/18/2017|Page Number 19 of 20|
|Authority:
Commissioner|Originating Division:
Administration and Finance
Division (Human Resources)|Access Listing:
Level I: All Access|

Note: If payment is not made prior to the transfer, the local HR
Representative at the facility, center, or office where the FLSA
compensatory time was earned must immediately submit a
written request (describing the reason(s) it was not paid in a
timely manner) for a hand drawn check to their assigned CHRM
HR Technician. Payment will be calculated as stated above.

c. State Compensatory Time must be used within twelve (12) months of

accrual. Every effort should be made to require employees with
accumulated State Compensatory Time to use the compensatory time
and maintain minimal balances.

d. Holiday Deferral (Holiday Compensatory Time) must be used within

120 days of being earned and should not be transferred from one
Appointing Authority’s unit to another Appointing Authority’s unit.
Employees should use accumulated Holiday Deferral in lieu of other
paid leave to avoid any situations requiring monetary pay-outs.

P. Use of Compensatory Time when Transferring to Other State Agencies:
1. Accumulated FLSA compensatory time must be paid upon separation of

an employee from GDC. This may be accomplished, if agreeable to the
other Agency, by delaying the effective date of transfer until the FLSA
balance is zero.

2. When FLSA compensatory time cannot be brought to a zero balance,

payment must be made to the employee prior to the transfer.

3. Accumulated State Compensatory Time is lost and will not be paid to any

employee upon transfer to another State Agency.

4. Accumulated Holiday deferral will be paid to any employee upon transfer

to another State Agency.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Working Hours, Overtime, and Compensatory Time|Policy Name:Working Hours, Overtime, and Compensatory Time|Policy Name:Working Hours, Overtime, and Compensatory Time|
|Policy Number: 104.37|Effective Date: 4/18/2017|Page Number 20 of 20|
|Authority:
Commissioner|Originating Division:
Administration and Finance
Division (Human Resources)|Access Listing:
Level I: All Access|

V. Attachments:
Attachment 1, Overtime Claim and Payment Request;
Attachment 2, Overtime Payment Request; and
Attachment 3, GDC Notice to Employees

VI. Record Retention of Forms Relevant of this Policy: Attachments 1 and 2 shall be

retained in CHRM and the local personnel office for a period of three (3) full years.
Attachment 3 shall be posted permanently on the “Official” Bulletin Board.