1. What is overtime?
Overtime is all hours worked by an employee for the University over 40 hours in a workweek (or above the FLSA-approved standard for police and certain hospital employees). Hours worked in a workweek will include only hours actually worked.
2. Do hours paid but not worked count toward overtime?
No. Only actual hours worked count toward computing overtime.
Paid time off hours are paid at the straight-time wage but do not count toward hours worked when calculating overtime. Paid time off includes, but is not limited to, holidays, winter break, funeral leave, legal proceedings, voting, etc. For example, if an employee takes 8 hours of paid time off on Monday and works 36 hours the remainder of the week, the employee will receive 44 hours of straight pay but no overtime.
3. Does work performed on a holiday count toward overtime?
Yes. Per University policy, regular staff members required to work on a holiday will receive one- and one-half times their straight-time wage rate for hours worked on an official University holiday. In addition, in a work week where the employee works more than 40 hours, the hours worked on the holiday will also count toward calculating weekly overtime pay.
4. Is shift differential paid on overtime work?
Yes, if the overtime hours are eligible for shift differential. Additionally, an overtime shift differential rate must be paid on those hours.
5. Does on-call/standby pay count toward overtime?
No. Per policy HR 212, an employee receives one- and one-half hours of straight-time pay for each eight (8) hours of on-call/standby. (Note: Employees of MU Health Care will be paid a flat rate per hour of call). The one- and one-half hour of pay is not actual hours worked but instead is additional pay for being available in the event the department must call the employee into work. It is not actual hours worked; therefore, it does not count toward overtime. For example, if an employee works 40 hours Monday through Friday and is on-call/standby eight hours each of those days, the employee will receive 47.5 hours of straight pay but no overtime.
6. Does call pay count toward overtime?
Per policy HR 212, an employee who is called into work when they have not been scheduled will be given a minimum of 3 hours work or a minimum of 3 hours pay if they are given less than 3 hours of work. Any hours actually worked will count toward overtime. Hours paid to reach the 3-hour minimum actually which are not worked will not count toward overtime.
7. Can a manager alter an employee’s schedule to either limit or require more than 40 hours work per week?
Yes. Managers have responsibility for employee work schedules and have the discretion to change work schedules. Changes in work schedules should be communicated to the employee as far in advance as practical.
8. If an employee works over 40 hours in a work week, can they receive comp time in lieu of pay?
Yes, if the department is authorized to grant comp time off and the employee has supervisory approval to take comp time in lieu of overtime pay. Note: MU Health Care (Hospitals and Clinics) is a separate organizational unit for purposes of this policy and thus does not offer comp time in lieu of pay.
Compensatory Time (Comp Time)
9. What is compensatory time?
Compensatory Time, also known as “Comp Time”, is time off instead of overtime payment. Eligible employees may receive 1 ½ hours of time off for each overtime hour worked in a workweek. For example, if an employee works 50 hours from Sunday through Saturday, they may earn 15 hours comp time (10*1.5=15).
10. May a supervisor deny an employee’s time off request if the employee intends to use comp time earned?
An employee who has requested the use of earned comp time shall be permitted to use such time within a reasonable period after making the request unless doing so would unduly disrupt operations. Several factors may be considered, including the employee’s normal work schedule, anticipated peak workloads, emergency requirements, availability of substitute staff, and the universities’ ability to provide sufficient quality and quantity of services.