11.02.03.06

.06 Compensatory Leave.

A. Compensatory leave is a form of earned leave with pay.

B. Eligibility and Use of Compensatory Leave.

(1) Employees designated by the Secretary or the Secretary's designee may earn compensatory leave which, with appropriate approval, may be used for any purpose.

(2) Employees in the standard pay plan who are exempt under the Fair Labor Standards Act shall earn compensatory leave for any time worked in excess of the normal workday if the employee worked at least 1/2 hour in excess of the normal workday, including the first 1/2 hour.

(3) At the discretion of the Secretary, employees eligible for cash overtime, and who have been designated by the Secretary or the Secretary's designee as eligible to elect to earn compensatory time, may choose to earn and use compensatory time in accordance with written criteria established by the Secretary and consistent with the Fair Labor Standards Act.

(4) Employees who are included in the Department's executive salary plan at ES levels up through and including ES grade 5, or compensated at an equivalent flat rate, shall earn compensatory leave for any time worked in excess of the first hour beyond their normal workday, including the first hour.

(5) Employees who are included in the Department's executive salary plan at the ES-6 level and above, or compensated at an equivalent flat rate, shall earn 1 compensatory leave day for working 5 or more hours on an observed holiday, and may not earn other compensatory leave.

(6) The use of compensatory leave by AG employees shall be in accordance with policies set by the Attorney General.

C. Transferring Compensatory Leave. An employee who transfers from one administration to another within the Department may transfer any accumulated compensatory leave earnings.

D. Subject to Regulation .14 of this chapter, upon separation from the Department, an employee shall be paid for up to 25 percent of unused compensatory leave, and payment for unused compensatory leave may not exceed 5 days.

E. Compensatory leave not used is forfeited 1 year from the date earned.

F. An employee converting into the Transportation Service may transfer all accumulated compensatory leave. Transferred compensatory leave not used is forfeited 1 year from the original date earned.

G. The Secretary may, under extraordinary circumstances, compensate employees who lose compensatory leave. The Secretary shall establish written criteria and procedures for the payment of unused compensatory leave.