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Career Service Employees
According to the law, all employees are to be paid for their services, while overtime in all cases is also subject to some sort of compensation, either by means of payment or by means of compensatory leave. The circumstances under which each type of remuneration should occur vary among employee types. What this means is that all employees who offer overtime work should be compensated in some way. The Florida Administrative Code also provides for this type of compensation for various employee types (Martin, 2010). Compensatory leave can therefore be defined as "time off from work in compensation for irregular or occasional overtime work…" (CompesationBLR, 2003).
According to the general rules for compensation, the directors' complaints are therefore valid. They are also valide in terms of the Florida Administrative Code (Stutler, 2006). According to Stutler (2006), Special Compensatory Leave can be awarded to Career Service employees in accordance with Chapter 60L-34.0032 of the Florida Administrative Code. The conditions under which such leave may be earned include: working during a holiday, working extra hours during a work week or holiday work period, when there is a holiday on the employee's regular days off, or when an employee is considered as essential employees during times of emergency when non-essential employees are excused from work.
According to the statute, Excluded Employees are those who are subject to a Biweekly Pay Period and 80 hours per 14 calendar days . According to the Code, these employees...
The code does not allow for leave beyond this amount of hours.
Employees who receive compesatory leave may use it in increments, as mutually agreed to by employees and supervisors. If there is no such agreement, the supervisor may require the employee to use the leave credits he or she accumulated. This is subject to five days' notice. Other conditions include that regular compensatory leave credits can be used for any purpose, subject to management approval. If the employee leaves the Career Service, no cash payments can be provided for compensatory leave credits.
What this means is that the directors are within their rights to demand compensatory leave up to 240 hours for overtime work.
To comply with the Florida Administrative code, the agency should carefully calculate the leave credits of every employee in the future, and award compensatory leave accordingly. Furthermore, employees should also be provided with the right to communicate any discrepancies between their leave awards and the actual hours of overtime for which they received credit. This should be their right without fear of recrimination.
A system should be implemented to regulate the compensatory leave calculation system in order to ensure that all leave is properly awarded and that the minimum likelihood of error can occur. The agency should also appoint officials to…
References
Compensation.BLR. (2011). Compensation Management. Retrieved from: http://compensation.blr.com/whitepapers/Compensation/Employee-Overtime/Comp-Time-Future-Possibilities-Current-Realities-/
Martin, D.W. (2010, Dec.) Payroll and Personnel Administrative Processes At Selected State Agencies. State Of Florida Auditor General. Retrieved from: http://www.myflorida.com/audgen/pages/pdf_files/2011-069.pdf
Stutler, D.J. (2006, Jan 19.) Excess Work Hours/Overtime Procedure. Retrieved from: http://www2.dot.state.fl.us/proceduraldocuments/procedures/bin/250010005.pdf
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