I'm a supervisor and we just recieved new overtime guidelines for our non-union employees that states:   "overtime will be calculated for time worked over 8 hours in a day and 80 hours in a pay period and that both Annual (Vacation) and Sick Leave is not considered time worked when calculating overtime. For example if a non-union employee works a double shift either Mandatory or Voluntarily and has either Annual or Sick time in the same pay peroid (including CAP days) the entire double shift will be paid at straight time." The current practice is that if a person worked a holiday or an overtime shift on their day off and used sick leave during the same pay period that person would be paid at straight time for the additional shift or straight time for the holiday.  This presented some problems already in that a few people who have FMLA had been issued mandatory overtime in a pay peroid where they also had FMLA leave and they were paid over 80-hours at straight time and their FMLA counter was charged.  At least one has filed a complaint and has an attorney pursing the issue on the grounds that the employee actually worked 80 hours in that pay peroid and we had no right to also take sick time and charge the FMLA counter as well.   Now this new rule, which went into effect last pay period, is having us pay persons who are at the upper limit of vacation time (CAP) and in a use or lose situation straight time if there is overtime in the same pay period.  I know one employee this already applies to that was subject to 2 mandatory overtime shifts in a pay period where he had two CAP days that had been granted to prevent his loss of benefit time but had been made 2-weeks prior and could not be changed during the same pay period.  This puts him in the position of having 96 hours all paid at straight time, and another employee who had a vacation approved 6-months ago and worked 24-hours overtime in the week prior to leaving is now looking at having 104 hours all paid at straight time. I am not recieving much guidance from HR, when I posed these issues as described above the response was " You are not necessarily incorrect in your understanding"   but was far from a definitive yes or no. T hey still seem to be sorting out these issues but in the mean time I am the one who is left to process the payroll for my employees and really need some additional insight into this issue.
Posted by fristr