Compensatory Time for Employees Exempt from Collective Bargaining

MANAGEMENT PERSONNEL POLICY 25-01

In accordance with the Connecticut General Statutes § 5-200(p), the Commissioner of Administrative Services with the approval of the Secretary of the Office of Policy and Management has extended Compensatory Time to non-appointed Executive Branch employees in the MD and MP pay plans assigned to labor units 02 or 03 or non-appointed employees in job classes with a variable range (VR) assigned to labor units 02 or 03. (Herein the term “managers” refers to all of the aforementioned employees.) This item also authorizes compensatory time for employees in the Executive Secretary job class and to employees assigned to the CA, CN and CR pay plans when certain conditions are met, as described below.

This policy does not apply to employees in labor unit 01. Employees assigned to labor unit 01 are ineligible for compensatory time. However, they may use compensatory time that was earned prior to their appointment in labor unit 01, provided such usage is in accordance with this policy.

As a general rule, managers in state service work 40 hours per week. However, managers are expected to work the number of hours necessary to get the job done. Therefore, the extra hour or two a manager might work each day or sporadically to complete normal work assignments is not appropriate for compensatory time.

There are some occasions that require a manager to work extra hours in addition to the normal work assignment and work schedule. Examples would include many extra hours providing coverage in a severe weather event or to meet deadlines for a special, time-sensitive project. An Agency Head or his/her designee may grant compensatory time for extra time worked by managers for these unique situations provided all of the following criteria are met:

1. The employee must receive written authorization in advance to work extra time by the Agency Head or his/her designee. The authorization shall include the employee’s name, period during which the extra hours will be worked, and outline the reason(s) for compensatory time. Proof of advance authorization must be retained in the employee’s personnel file for audit purposes.
2. Extra time worked must be completed at an approved work location. An approved work location may be the employee’s usual work office, the Emergency Operation Center or other emergency site, or another location where state business is conducted, (e.g., a private or public forum hosting a job fair). Any work location which is not the employee’s regular work location must be specified and justification provided prior to the employee working extra hours.
3. Compensatory time shall not accumulate by omitting lunch hours or other changes that do not extend the manager’s normal workday.
4. Compensatory time shall not accumulate for travel or commuting purposes except in extraordinary situations.
5. The number of extra hours worked and the compensatory time taken must be recorded on the appropriate time sheet and maintained by the Agency. In no case shall a manager be permitted to take compensatory time before it is earned.
6. Compensatory time will expire 30 months from the date it is earned.
7. In no event will compensatory time be used as the basis for additional compensation and shall not be paid as a lump sum at termination of employment.
8. Compensatory time is not to be earned when a manager is working an approved on-site, on-call assignment 

This item authorizes compensatory time for employees in the Executive Secretary job class and for employees assigned to the CA, CN and CR pay plans as follows:

• Prior to working more than 40 hours in a week, the agency head or designee must explain to the employee that under the Fair Labor Standards Act (FLSA), s/he is eligible for overtime at the rate of one and one-half times (1.5) his or her regular hourly rate of pay for all hours actually worked over 40 in a pay week and that s/he may voluntarily elect to receive compensatory time on the basis of earning 1.5 hours of compensatory time for each hour worked over 40 in a pay week.
  • If the employee does not voluntarily elect to receive compensatory time in lieu of overtime, the overtime payment is to be made for all hours worked over 40 in a pay week
• If the employee voluntarily elects to receive compensatory time, the election must be submitted in writing to the Agency Head or designee before working the extra hours.
• The employee’s agreement to accept compensatory time in lieu of overtime pay is retained in the employee’s personnel file for audit purposes.
• The employee may voluntarily change this election at any time but the change must be on file prior to working more than 40 hours in a pay week in order to be applicable.

This policy supersedes §5-238 of the Connecticut General Statutes and MPP 17-01.