Sent to: HR Directors, HR and Payroll Staff
REMINDER: Regarding Comp-time Balances to be forfeited or reduced to 240.0 hours (SB 1252a)
This memo is being sent to all agencies as a reminder of processing timeframes for forfeiting or reducing employee’s comp-time balances as prescribed in Idaho Code. Please read through the information pertaining to each FLSA designation and make sure your employees are made aware of any required enhancements that affect their accrual and/or current balances of compensatory time.
Idaho Codes 59-1607 and 67-5328 (Hours of Work and Overtime) sets limitations on the accruals of compensatory time based on the employee’s FLSA designation.
Over the past few years, legislative changes have been made to these Idaho Code sections. The information below outlines the specific FLSA code designations and notifies you of automatic processing that will take place just prior to the first pay period of Fiscal Year 2010:
Employees designated as ‘Elected Officials’, and ‘those whose salary is set by code’ (FLSA = N), ‘Executive’ (FLSA code = E), and those employees ‘defined in 67-5303(j) (FLSA = D).
These employees are ineligible to accrue compensatory time or be paid for overtime.
With the passage of SB 1252a in the 2008 legislative session, employees who become designated as FLSA = N, E, or D within their current agency will have twelve months from the date of appointment to use any comp time balance they have on the books. Once that (12) twelve month period is up, all remaining comp time balances will be forfeited.
AUTOMATION: After the last payroll in FY 2009 has processed, all comp time balances will be removed from employees that have been designated as FLSA = N, E, or D for 12 months or longer.
From that point on, comp time balances will be automatically removed for employees designated as FLSA E, N or D based on 12 months from the effective date of the appointment. A memo further explaining this on going automated process and new reports will be sent from the Controller’s Office in the near future.
Employees designated as ‘Administrative’, ‘Professional’, or ‘Computer Worker’ (FLSA = A, P, or I) and those defined in 67-5303(j) (FLSA = B, Q, or J).
Employees defined in 67-5303(j) are ineligible to accrue compensatory time or be paid for overtime.
Those employees designated as FLSA = A, P, or I are ineligible to be paid for overtime worked, however they may accrue comp time on a one for one basis for overtime worked, with a maximum of 240 hours accumulation.
With the passage of SB 1252a in the 2008 legislative session, all ‘administrative’, ‘professional’, or ‘computer worker’ employees (FLSA = B, Q, J, A, P, or I) that have a current comp time balance above 240 hours were given until June 13, 2009 (end of Fiscal Year 2009) to take the time off, thus reducing the number of comp time hours over 240.
AUTOMATION: After the last payroll in FY 2009 has processed, all comp time hours in excess of 240 will be removed.
NOTE: No provisions exist in Idaho Code to allow any employee to retain or accrue over the limit. Therefore, with the initial removal of comp time balances in excess of 240, no state employee, with the exception of ‘Firefighter’ and ‘Law Enforcement’ (FLSA = F and L), will be allowed to retain or accrue comp time hours over the 240 limit.
Refer all policy questions to your DHR/DFM representative at 334-3900 and all processing questions to the DSP Helpdesk at 334-2394. |