1019 Overtime Compensation report Flashcards
1019.1 PURPOSE AND SCOPE
It is the policy of the Department to compensate non-exempt salaried employees who work authorized overtime either by payment of wages as agreed and in effect through the Memorandum of Understanding (MOU), or by the allowance of accrual of compensatory time off. In order to qualify for either, the employee must complete and submit an Extraordinary Duty Report as soon as practical after overtime is worked.
PURPOSE AND SCOPE
1019.1.1 DEPARTMENT POLICY
Because of the nature of police work, and the specific needs of the Department, a degree of flexibility concerning overtime policies must be maintained.
Non-exempt employees are not authorized to volunteer work time to the Department. All requests to work overtime shall be approved in advance by a supervisor.
If circumstances do not permit prior approval, then approval shall be sought as soon as practical during the overtime shift and in no case later than the end of shift in which the overtime is worked.
Short periods of work at the end of the normal duty day (e.g., less than one hour in duration) may be handled unofficially between the supervisor and the employee by flexing a subsequent shift schedule to compensate for the time worked rather than by submitting requests for overtime payments.
If the supervisor authorizes or directs the employee to complete a form for such a period, the employee shall comply.
The individual employee may request compensatory time (aka “comp time”) in lieu of receiving overtime payment.
Overtime policy
1019.2 TYPES OF OVERTIME AND COMPENSATION
Time spent in a pay status but not actually worked (e.g., sick leave, vacation leave, comp time, holiday leave, etc.) shall be considered “time worked” in computing the basic forty hour week. However, employees shall be eligible to work in an overtime capacity while actually on such absence, but only in accordance with the provisions of the current MOU between the City of Berkeley and the employee’s working group.
When a City recognized holiday falls within the workweek, the employee’s basic workweek is reduced by eight hours for each holiday.
If an employee commences or terminates employment with the City within the workweek or is on suspension or leave of absence without pay during the workweek, the employee is not eligible for overtime benefits until hours worked exceed forty hours during that week.
With the exception of court overtime situations, an employee’s name and overtime worked shall be reflected on a time sheet.
Unless specifically stated otherwise, all overtime is awarded at time and a half.
A) Non-sworn personnel receive double time after 12 hours in any 24-hour period.
B) Sworn personnel receive holiday overtime at the straight time rate;
C) Non-sworn personnel receive double time for
Christmas and Thanksgiving.
D) An explosives technician shall receive double time for time spent (from call to completion) in dealing with explosives, whether on or off duty.
E) Special Response Team members shall receive an additional 5% pay when involved in an active SRT incident, either on or off duty.
F) Field Training Officers shall receive an additional 10% differential when actually working as a Field Training Officer.
G) The Field Training Program Sergeant shall receive a 5% salary differential while occupying that position.
H) The Homicide Sergeant shall receive a 4% salary differential.
I) Homicide detectives shall receive a 3% salary differential.
Those holding the classification of Captain are excluded from overtime benefits.
TYPES OF OVERTIME AND COMPENSATION
- 3 REQUEST FOR OVERTIME COMPENSATION
- 3.1 EMPLOYEES RESPONSIBILITY
Employees shall complete the Extraordinary Duty Reports immediately after working the overtime and turn them in to their immediate supervisor or the Watch Commander. Employees submitting Extraordinary Duty Reports for on-call pay when off duty shall submit the forms to their supervisor the first day after returning for work.
EMPLOYEES RESPONSIBILITY
1019.3.2 SUPERVISORS RESPONSIBILITY
The supervisor who verifies the overtime earned shall verify that the overtime was worked before approving the request.
After approval, the Extraordinary Duty Report shall be forwarded to the employee’s Division Captain for final approval.
SUPERVISORS RESPONSIBILITY
1019.3.3 DIVISION CAPTAIN RESPONSIBILITY
The Division Captain, after approving payment, shall then forward the report to the Payroll Clerk for review.
Captain final review/ approval for OT
1019.4 ACCOUNTING FOR OVERTIME WORKED
Employees are to record the actual time worked in an overtime status. In some cases, the Memorandum of Understanding provides that a minimum number of hours will be paid, (e.g., four hours for Court). The supervisor will enter the actual time worked.
ACCOUNTING FOR OVERTIME WORKED
1019.4.1 ACCOUNTING FOR PORTIONS OF AN HOUR
When accounting for less than a full hour, time worked shall be rounded up to the nearest quarter of an hour as indicated by the following chart:
TIME WORKED
INDICATE ON CARD
1 to 15 minutes = .25
16 to 30 minutes= .50
31 to 45 minutes = .75
46 to 60 minutes = 1 hour
ACCOUNTING FOR PORTIONS OF AN HOUR
1019.4.2 VARIATION IN TIME REPORTED
Where two or more employees are assigned to the same activity, case, or court trial and the amount of time for which payment is requested varies from that reported by the other officer, the Watch Commander or other approving supervisor may require each employee to include the reason for the variation on the Extraordinary Duty Report.
VARIATION IN TIME REPORTED
1019.5 RECOVERY / COMPENSATORY OVERTIME (COMP TIME)
Recovery / Compensatory overtime (comp time) is overtime credited with time rather than pay.
To obtain comp time credit the employee shall promptly submit a completed Extraordinary Duty Report for approval by both the employee’s supervisor and commanding officer.
It is City and Police Department policy that employees not be permitted to accumulate excessive comp time.
A) Sworn employees are allowed to accrue up to 120 hours of comp time.
B) Non-sworn employees are allowed to accrue up to 90 hours of comp time.
Employees may be allowed comp time off only when that amount of time has been previously accumulated.
An employee who wishes to use accumulated comp time shall make such request on an Absence Report submitted to his/her supervisor, who shall determine if the absence would hinder the unit’s operation and either approve or deny the request. Within the Operations Division, the final decision rests with the Patrol Staffing Lieutenant.
RECOVERY / COMPENSATORY OVERTIME (COMP TIME)
1019.6 OVERTIME / SHIFT EXTENSION
Overtime shall be defined as time worked by an employee in excess of 40 hours per week. For paid overtime to be credited, an employee is required to submit an Extraordinary Duty Report immediately following the overtime assignment.
An Extraordinary Duty Report requires approval from the employee’s supervisor and commanding officer, both of whom must check the report for accuracy, ensuring that the “reason” and the paid overtime budget designations are properly stated.
A) Completed Extraordinary Duty Reports must be routed to the Division Captain for final approval.
B) Completed reports must be routed to the Payroll Clerk no later than 1400 hours on the Monday before the payday in order to be included in that pay period.
OVERTIME / SHIFT EXTENSION
1019.7 HOLIDAY OVERTIME
Holiday overtime is earned in lieu of taking the time off during the same week of a holiday or when an employee works any part of a recognized City of Berkeley holiday or has that day as a regularly scheduled day off.
Holiday overtime is awarded at time for time for sworn employees; for non-sworn employees it is awarded at time and a half, however on Thanksgiving and Christmas it is awarded at double time.
Holiday overtime may be received as either paid overtime or compensatory overtime (if the maximum accrual of compensatory overtime has not been reached).
A) Sworn employees have the option of either pay or compensatory overtime.
B) Non-sworn employees require Division Captain approval for compensatory overtime.
In lieu of pay or comp time, an employee may be allowed an alternative day off during the same calendar week as the holiday with supervisor approval.
When a holiday occurs during an employee’s vacation leave, the holiday shall not be charged as vacation leave and the employee’s leave may be extended accordingly, with supervisor approval.
The choice of comp time or holiday pay shall be computed by the Payroll Clerk from information provided on the timesheets.
HOLIDAY OVERTIME
1019.8 COURT OVERTIME
Court overtime is defined as that overtime worked in connection with an assigned appearance before any criminal or civil court, Police Review Commission meeting or Board of Inquiry, BPD Board of Review, and any other specially approved appearance on behalf of another City department or commission.
Unless otherwise approved by a Commanding Officer, all court overtime shall be paid.
A sworn employee who makes an off-duty court appearance shall receive a minimum of four hours overtime unless his or her scheduled duty reporting time, regular shift or overtime shift is less than four hours after the scheduled court appearance in which case the employee will receive overtime in the lesser amount.
Non-sworn employees shall receive a minimum of three hours overtime unless their scheduled duty reporting time is less than three hours after the scheduled court appearance in which case the non-sworn employee will receive overtime in the lesser amount.
Overtime spent conferring with the prosecuting attorney will be considered as court overtime and part of the court session only if the employee’s presence is required in court shortly after the conference.
For off duty, out of town court appearances, travel constitutes court overtime and is determined by the round trip time from the Public Safety Building.
An employee required to attend two or more court sessions on the same day is eligible for overtime compensation during the period between the sessions if subpoenaed on his/her day off (limited to a maximum of two hours between each session) but is not eligible for session break compensation if court appearance falls on a regular duty day.
To receive court overtime credit an employee shall submit an Extraordinary Duty Report.
A) The subpoena should be attached and case number indicated if either or both are available.
B) The overtime report is to be completed by the employee and should specify the amount of time required for “testifying/conferring” or “time waiting” or indicate that they were “not needed”.
C) The employee’s supervisor shall review the report for accuracy and complete the lower boxed area, indicating the court paid overtime budget code, the activity code and the proper project designation.
COURT OVERTIME
1019.9 COURT OVERTIME - TELEPHONE STANDBY
A) Sworn employees who are placed on telephone standby for court will be given comp time (in accordance with the current MOU between the City of Berkeley and the Berkeley Police Association) as follows:
1) Duty Day: One-hour minimum comp time and hour for hour thereafter. 2) Day Off: Two-hour minimum comp time and hour for hour thereafter.
B) To receive compensatory overtime credit for telephone standby an officer shall submit an Extraordinary Duty Report.
1) The subpoena should be attached and case number indicated if either or both are available. 2) The report is to be completed by the officer and shall specify the case number and the name of the Deputy District Attorney placing him/her on telephone standby.
COURT OVERTIME - TELEPHONE STANDBY
1019.10 TRAINING OVERTIME
Training overtime is earned when an employee is assigned to attend a class, conference or seminar during off duty hours. Training overtime shall be reported on an Extraordinary Duty Report. To receive credit for the time spent training, a Training Time Credit Record shall be completed and routed to Personnel and Training.
Employees attending schools or classes away from the PSB will normally be credited with an eight hour day even though the number of hours may vary due to the nature of the instruction, see also the Attendance at Conferences and Meetings Policy.
TRAINING OVERTIME
