Work Provisions and Definitions




1. Established Work Week

An established work week is any regularly recurring period of 168 hours - seven consecutive 24-hour periods -

designated as a period of work for an employee. The established work week for all University departments shall be

168 consecutive hours beginning 12:01 a.m. each Saturday. Deviations from this established work week must be

approved in writing by the Executive Director and Chief Human Resource Officer of the Human Resources

Department.

Generally, administrative offices are open from 7:45 a.m. to 4:45 p.m. or 8:00 a.m. to 5:00 p.m., Monday through

Friday, during the academic year, and from 7:30 a.m. to 4:30 p.m. during the summer.

However, many units have operating hours that deviate from these times based upon client service or other

operational considerations that dictate different schedules.

The nature of the educational endeavor makes it impractical to establish specific work hours for Academic Faculty

and Administrative Professionals with assignments in the areas of teaching, research, and administration of these

areas of institutional responsibility.

2. Hours Worked

Hours worked is the time for which an employee is entitled to compensation. For employees eligible for overtime,

compensation must be paid for the time the employee is required to be on duty on the employer's premises, or at a

prescribed work place, and for the time the employee is "suffered or permitted" to work, whether or not requested to

do so. Thus, hours worked can include time spent in idleness and in incidental activities as well as in productive

labor.

Scheduled meal periods are discretionary, are not counted as work time and must be at least 20 minutes. However, if

the employee is materially interrupted or not completely free from duties, the meal period is counted as work time.

Work breaks are discretionary. If granted, breaks of up to 20 minutes are considered work time. Breaks shall not be

used to offset other work time nor to substitute for paid leave, shall not be taken at the beginning or end of the

workday, nor shall be used to extend meal periods.

NOTE: Work-Study Rules and Regulations for student employees are located on the Student Employment Services website at: www.ses.colostate.edu/wsrulesregs.aspx.

3. Flexible Work Arrangements

The University values its employees’ well-being and strives to promote a positive work-life integration. Flexible work

arrangements, such as flextime schedules, compressed workweeks, part-time arrangements, telecommuting, job

sharing, sabbaticals, and phased retirement can help employees balance work and personal life demands while, at

the same time, enabling employees to meet their needs and perform well the duties of their position. Flexible work

arrangements are encouraged whenever, in the discretion of the department or unit head, they will promote the

productivity and efficiency of the work unit and enhance employees’ work-life integration.

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Types of Flexible Work Arrangements:

1. Flextime Schedules: A work schedule that allows an employee to vary their start and end times around

1. pre-defined core hours without changing the total hours worked in a defined work week. The core period

1. will vary by the unit, position, and sometimes the time of year; in most areas, it is between 7:30 a.m.

1. and 5:30 p.m.

2. Compressed Workweek: A full-time work schedule that is compressed by varying the length of the

2. workday into fewer than five days. For example, an employee who normally works 40 hours Monday-

2. Friday may work four 10-hour days instead.

3. Telecommuting: A work schedule that allows employees to work part or all of their work hours from a

3. location other than their regular work site. An example would be an employee who works from a home

3. office two days per week.

4. Job Sharing: A work arrangement in which the responsibilities of one full-time position are divided by

two employees who work a part-time schedule. Job sharing differs from part-time work in that job share

partners are expected to be interchangeable in work assignments and represent a single employee in

all respects. Job sharing arrangements MUST be approved by Human Resources before being

implemented.

Flexible work arrangements are an additional management tool available to supervisors to assist a work unit to

operate effectively and efficiently. Flexible work arrangements are encouraged when it is reasonable and practical to

do so and when operational responsibilities of a unit are not adversely impacted. Flexible work arrangements are not

an employee benefit or right. Before implementing schedule changes or other variances from established work days,

hours and locations, the department or unit head should check with the responsible higher authority (dean, vice

president, vice provost, etc.). The following guidelines shall be observed:

1. Employees who are non-exempt (i.e., overtime-eligible) may not be able to work varying hours unless

1. care is taken to comply with the Fair Labor Standards Act (FLSA) and other applicable laws and

1. regulations governing work hours. Supervisors should consult with Human Resources before approving

1. flex hours for non-exempt employees.

4. Employees who are exempt from overtime under the FLSA do not work a specified number of hours per

4. week; they may exceed 40 hours in a workweek without earning overtime pay. Flexible work

4. arrangements do not convert an exempt position to a non-exempt position; if the demands of the job

4. require the employee to work more hours than the flex arrangement reasonably allows, or to work at a

4. specific time or place that conflicts with the arrangement, then the flex arrangement will have to be

4. modified (or not used during the period in question). In all cases, the primary consideration is the

4. employee’s ability to meet all usual expectations for performance of the work.

5. Not all positions or job assignments are suitable for flexible work schedules, telecommuting or job

5. sharing. If one position within a department is found to be suitable for such an arrangement, it does not

5. necessarily mean that other positions may also be suitable. Principles of efficiency, fairness,

5. department morale, and accountability must all be taken into consideration when reviewing each flexible

5. work arrangement.

6. Flexible work arrangements should be confirmed in writing, signed by both the supervisor and the

6. employee, and kept in the employee’s file along with performance plans and reviews. Such writings are

6. not contracts, but may help avoid misunderstandings about expectations. Flex plans are always subject

6. to change or termination, at the supervisor’s discretion, in the best interests of the work unit and the

6. institution.

7. Both the employee and the supervisor have responsibilities to assure that the flexibility agreed to does

7. not interfere with the employee’s ability to perform his or her job duties, or of the work unit to operate as

7. intended. Established work hours for the unit based on the job responsibilities, availability of others or of

7. resources, and team arrangements must be taken into consideration when flex time or telecommuting is

7. allowed.

8. A flex plan must not have the effect of changing the employee’s rate of pay, the manner in which the

employee is paid, or the employee’s grade or title.

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7. An employee who requests a flexible work arrangement is not necessarily entitled to receive additional

7. expenses, equipment, supplies, or travel time provided in order to accommodate the altered schedule or

7. location. However, these considerations should be taken into account in the department’s budget and

7. operational planning. For example, when replacing computers, a department head may decide to

7. furnish some employees laptops instead of desktop models in order to facilitate telecommuting.

7. Commuting to and from home or an alternate work location is not to be considered reimbursable travel

7. because of a flexible work arrangement.

For reference and examples of forms that may be used for flexible work arrangements, see:

https://www.colorado.gov/pacific/dhr/flexible-work-arrangement-tools-employees-0. Human Resources may be

contacted for questions related to flexing work hours or telecommuting at 491-MyHR (6947).

Overtime

1. Overtime Definition

Overtime is the time an employee in a position eligible for overtime is directed or allowed to work in excess of a 40

hour established work week, except as outlined in special plans. Work over 8 hours on a single work day may be

balanced by time off in the same work week at a time mutually agreeable to the employee and supervisor. Overtime

will not accrue until more than 40 hours are accrued in a single work week. Authorized paid leave and holidays shall

be counted as time accrued for purposes of determining overtime.

2. Overtime Use

Overtime should be considered a reserve resource to be used sparingly and only on occasions when emergencies

require. The utilization of overtime shall be at the discretion of the department head, subject to the provisions of this

manual and limited by the availability of funds. Overtime may be authorized: (1) in the event of unforeseeable

emergency, (2) for the purpose of manning a station or assignment when another employee is not available for work,

(3) to provide essential services which cannot be provided by overlapping work schedules, and (4) to carry out short-

range assignments for which the utilization of regular employees is more advantageous than the hiring of additional

personnel.

Prior approval of the department head (or his or her designee) should be secured before an employee eligible for

overtime is directed, authorized or allowed to perform overtime that will exceed the 40 hour per workweek threshold.

Overtime approval may be verbal or written as determined by the supervisor. The hours worked in excess of 40 in a

single work week will be paid at a rate of one and one half times the employee’s hourly rate, or shall be taken as

compensatory time, unless the excess hours are balanced with time off during the same week, keeping the weekly

total to 40 hours or less. Emergency overtime should be reported to the supervisor as soon as possible for approval.

The overtime approval status should be noted on the timesheet by the supervisor. All overtime will be paid regardless

of approvals, but non-approved overtime may be subject to corrective or disciplinary action.

3. Time Off

Time off is equivalent hours authorized away from the job to balance extra (over 8) hours worked on days of the

same work week so that no overtime liability is incurred. No leave is charged for this time off.

4. Overtime Eligibility

The Human Resources Department individually reviews all state classified positions and designates each as either

eligible or ineligible for overtime. These determinations are based upon the criteria contained in the Fair Labor

Standards Act (FLSA). Departments and/or employees who question the stated designation may ask that a review be

conducted. Requests should be submitted to the Executive Director and Chief Human Resource Officer of the

Human Resources Department. Information concerning the FLSA criteria is available in the Human Resources

Department.

All employees paid on an hourly basis are eligible for overtime regardless of the noted overtime designation for

the appropriate job classification, with the exception of certain employees in computer related occupations who

are paid at an hourly rate exceeding $27.63. Employees in computer related classes normally exempt from

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overtime whose hourly rates exceed this minimum are paid their normal hourly rate for all hours worked.

5. Travel Time and Overtime

For employees who regularly work in a fixed location who are given a special one day assignment in another city,

travel time is compensable working time.

When employees travel overnight on business, they must be paid for time spent in traveling, except for meal periods,

during their normal working hours, including Saturdays, Sundays and holidays. However, they shall not be paid for time

spent in travel outside those hours.

6. On-Call Status

This is a condition where an employee is subject to call to duty but is not actually performing work. An employee who

is required to remain on call on University premises, or so close thereto that the time cannot be used effectively for

personal purposes, is working while on call. An employee who is not required to remain on University premises, but

is merely required to provide a means of contact with University officials is not working while on call. The

determination is made on the degree of restricted activity, and not on the basis of location.

7. Sleep-in-Time

At times an employee is required to remain on the job and is permitted to sleep while on duty. Sleep-in- time is

generally considered work time and requires compensation. However, the employee and the department may

mutually agree to exclude compensation for sleep-in and meal time if the employee is required to be on University

premises twenty-four or more consecutive hours.

8. Weekends and Periods of Paid Leave

Employees whose established work week includes Saturday and/or Sunday shall have such day(s) treated as any

work day for the purposes of overtime.

9. Casual, Occasional or Sporadic Employment

Hours worked by an employee are excluded from calculation of overtime hours if the work is: 1) in a different capacity

from any capacity in which the employee is regularly employed; 2) is at the employee’s option, and; 3) is on an

occasional or sporadic basis.

10. Accrual and Recording of Overtime

For employees in job categories eligible for overtime, time worked shall be recorded daily on the applicable time

sheet in hours and minutes. For example, if an individual works 8:00 a.m. to 5:16 p.m.,8 hours and 16 minutes

should be recorded. However, compensable overtime will not accrue until more than 40 hours are worked in a single

work week.

11. Charging OvertimeWhen Working in Two or More Positions

Employees whose positions entitle them to overtime compensation are to be paid overtime compensation for all time

worked over forty hours in a work week, whether the excess hours result from work in a single department or work in

two or more University departments or state agencies/institutions combined. Employees are responsible for advising

their employing department(s) and securing approval prior to commencing employment with another University

department or agency/institution. Each department should coordinate with other department, agency/institution sharing

the services of an employee to ensure that overtime is properly recognized and compensated. Overtime for employees

working in more than one department, agency/institution should be reported by and will be charged to the department,

agency/ institution where the hours over forty are actually worked (the last hours worked in the week).

12. Payment of Overtime

Overtime may be paid either in cash or in compensatory time. At the time the overtime is worked the department must

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decide whether the overtime is to be paid in cash or in compensatory time. Departments must reach an agreement

with employees hired after April 15, 1986, regarding compensatory time payment. For new employees, an agreement

to accept compensatory time off in lieu of cash payment is a condition of employment.

If overtime is paid in cash, the rate is 1 1/2 times the employee's regular pay rate. If paid in compensatory time, the

time allowed shall be 1 1/2 hours off for each hour of overtime worked. This must be a mutual agreement between the

employee and the department and a written record must be kept.

Cash payment for overtime will be made no later than the next regularly scheduled payday following the end of the

payroll period in which the overtime hours were worked.

13. CompensatoryTime

1. Standard Provision - A non-exempt salaried employee may accumulate up to 160 hours of overtime

1. equating to 240 hours of compensatory time at any given point in time. Any overtime worked in excess of

1. this amount of accumulated overtime hours must be paid for in cash at the next regular pay period.

Accumulated "comp" time must be scheduled and taken as soon as practical. Whenever possible, the

time for taking such "comp" time shall be by mutual agreement between the employee and the department.

14. When Separated from University Service

Employees being separated from University service and who have accumulated compensatory time resulting from

overtime shall be paid for such time in cash.



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