Overtime & Compensatory Time for SPA Exempt Employees

The University recognizes that in exceptional, limited situations, SPA employees who are exempt from the overtime provisions of the federal Fair Labor Standards Act (ie, 'FLSA exempt' employees) may be required to work significantly longer work hours or work weeks than normally are required. This policy is designed to treat such situations equitably and to recognize the work, commitment and dedication of employees who put in those extended hours. This policy is applicable to all SPA employees designated as FLSA exempt and is the only compensatory time policy for these employees at UNC at Chapel Hill.

Full-time FLSA exempt employees generally are expected to work at least forty hours each week and as many hours as necessary to complete their jobs. This policy does not change these expectations. Rather, it recognizes the existence of exceptional circumstances in which the short-term workload of particular FLSA exempt employees may be especially burdensome. Examples of these exceptional circumstances might include but are not limited to:

• Temporary high priority project assignments with mandatory deadlines,
• Overload work performed while one or more vacancies in a department are being filled, or
• Work required to meet work deadlines related to the academic cycle.

Employees covered by this Policy:

• All full- or part-time SPA employees with appointments of more than 20 hours per week who are designated as FLSA exempt.

Employee not covered by this Policy:

• Permanent SPA employees who are FLSA non-exempt
• Part-time employees with appointments of 20 hours per week or less
• Temporary SPA employees
• EPA employees

Both the employee and the supervisor shall discuss in advance the need for unusually longer work hours or work week. The supervisor and the employee shall agree in writing in advance that this work shall be governed by this policy, and that all documented hours worked beyond 40 in a work week shall be granted as compensatory time.  Compensatory time is granted on an hour-for-hour basis.

Compensatory time is earned only in exceptional situations and only for periods of three months or less. (The appropriate Dean or Vice Chancellor may extend the period for earning compensatory time by an additional three months. The request and the extension must be in writing.)

Compensatory time is not cumulative beyond a six-month period. For this reason, an employee should take compensatory time as soon as possible after it is credited. If compensatory time is not used within six calendar months after it is credited, it is lost. 

Compensatory time may not be transferred to any type of leave or to another state university or agency or to any other position within the University.

There is no payout of compensatory time, and any remaining compensatory time is lost when an employee is separated from the position in which the compensatory time was earned. The employee's separation date may not be moved forward in order to pay for compensatory time.

(See "Leave/PTO Payouts & Transfers" in the Related Subjects section below for more information.)

It is the responsibility of each department to record compensatory time earned.

Implementation of the Time Information System (TIM) to track work hours, special pay, and leave for University employees began its phased implementation in August 2007.  See "TIM Website" in the "Related Subjects" section below for information on recording Compensatory Time for SPA exempt employees.

See also "Leave/PTO Payouts & Transfers".

If you have questions about this policy, contact the Classification and Compensation Specialist in the Office of Human Resources assigned to work with your department.