Overtime and Compensatory Time Policy : 5:10:07:00

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Responsible Officer: Executive Director of Human Resources 

Responsible Executive: Executive Vice President for Business and Finance 

I. Purpose

  1. This policy is enacted to outline the eligibility, accrual procedures, and use of overtime and compensatory time for Motlow State Community College (Motlow State) faculty and staff, pursuant to Tennessee Board of Regents (TBR) Guideline P-020. 

II. ELIGIBILITY 

  1. Compensatory time and overtime payments are available to non- 
    exempt employees only. 
  2. In accordance with the Fair Labor Standards Act (FLSA), Motlow State, at its discretion either by wage payment or compensatory time off, compensates employees who are requested to work more than a standard work week. 
  3. Granting approval for an employee to work overtime is not a normal practice of Motlow State. 
  4. In accordance with the Fair Labor Standards Act FLSA, Motlow State has the right to require employees to work additional hours; and therefore, employees do not have the right to waive or decline overtime work. 

III. OVERTIME

  1. Overtime wage payments are made to non-exempt employees at one-and-one half times their regular rate of pay for any hours worked in excess of the state maximum of 40 hours during a given workweek. 
  2. Hours worked between 37.5 and 40 hours in a workweek are compensated at straight time, and those in excess of 40 hours at time-and-one-half. 
  3. The same rate structure is followed when compensatory time is awarded for overtime in lieu of wage payments. 
  4. Hours between 37.5 and 40 hours are compensated on an hour-for-hour basis. 
  5. For each hour worked in excess of forty per week, one-and-one-half hours of compensatory time will be given. 

IV. ACCRUAL AND USE OF COMPENSATORY TIME

  1. Compensatory time shall be accrued and used in lieu of cash overtime pay. 
  2. Compensatory time earned must be approved in advance by the supervisor and appropriate vice president or designee. 
  3. An employee may accrue up to a maximum of 240 hours of compensatory time. 
  4. Employees may request to use their compensatory time by submitting the Overtime/Compensatory Time Authorization form (See Appendix A). 
  5. Motlow State permits the use within a reasonable time of the request unless the use at the requested time would unduly disrupt college operations. 
  6. All accumulated compensatory time must be taken within the pay period immediately following the compensatory time accrual unless prior approval is granted by the appropriate Executive Vice President or Vice President. 
  7. In all cases, compensatory time must be taken within the fiscal year so that the balance as of each June 30 is 0.00, unless an exception is granted by the President. 
  8. All compensatory time must be exhausted prior to an employee taking leave without pay or annual leave. 
  9. In accordance with TCA § 8-50-801, when an employee requests annual leave and compensatory time is available, the compensatory time shall be used first. 
  10. However, if the accumulated annual leave balance at the beginning of the pay period is within two (2) days of the maximum, annual leave may be used throughout the pay period. 
  11. Any employee whose annual leave balance is not within the two (2) day maximum at the beginning of the pay period must use compensatory time during the entire pay period. 
  12. Otherwise, Motlow State will honor an employee’s request for compensatory time off unless it would be unduly disruptive to the institution’s operations. 
  13. If applicable, and approved by the President, cash payment for accrued compensatory time will be calculated using the wage rate that the employee is earning at the time of payment, not at the time that the compensatory time was earned; provided, however, that upon termination an employee is to be paid for accrued compensatory time as follows: 
    1. At the employee’s final wage rate, or 
    2. At the average regular wage rate received by the employee during his/her last three years of employment, whichever is higher. 

V. TIMESHEETS

  1. Timesheets must be completed accurately in the electronic timekeeping system, monitored, and approved by supervisors. All time worked will be accurately recorded in the electronic timekeeping system, which is the official record. 
  2. Actual hours worked must be provided to substantiate compensatory time and overtime. 

Appendix

Sources

Corresponding Policy

TBR Guideline P-020; Motlow State Policy 5:10:01:00

History

Leadership Council Approved: July 28, 2017 (Renamed the Institutional Oversight Committee in 2020) 

Revised: September 12, 2012; July 28, 2017; TBD; May 28,2026 

Institutional Oversight Committee Approved: June 24, 2026 

President’s Cabinet Approved: July 14, 2026 

Effective Date/Approved: July 28, 2017; July 14, 2026