300-36 Exempt Time Compensation and Exempt Time Credit

Question 1

Federal and state law and the applicable Meet and Confer Agreement recognize the department’s right to manage an employee’s assignment, shift, and days off for the best interest of the department and the community, and to ensure all essential police services are provided.

Although exempt officers are considered exempt from overtime compensation for all intents and purposes under the Fair Labor Standards Act, the department shall compensate exempt officers as set forth herein with exempt time compensation or exempt time credit for hours worked in excess of the number of hours in the exempt officer’s regular workday.

This General Order applies to only classified employees holding the rank of _____, except where specifically provided otherwise (e.g., timekeeper responsibilities).

Answer 1

lieutenant or captain or classified pay grade VII or IX

Question 2

Exempt Officer.

Answer 2

For the purposes of this General Order, an exempt officer is a classified employee who holds the rank of lieutenant or captain or classified pay grade VII or IX.

Question 3

Exempt Time Compensation.

Answer 3

Pay earned for hours worked in excess of the number of hours in the exempt officer’s regular workday and in accordance with the provisions outlined in this General Order.

Exempt Time Compensation is considered assignment pay and shall be calculated as straight time pay.

Question 4

Exempt Time Credit.

Answer 4

Personal leave earned and accumulated for hours worked in excess of the number of hours in the exempt officer’s regular workday and in accordance with the provisions outlined in this General Order.

Question 5

Flextime or Flexing.

Answer 5

The adjustment of regular workday hours (e.g., 8- or 10-hour shift) by an exempt officer to make up for a reduced workday or an extended workday.

Question 6

Straight Time Pay.

Answer 6

As used in this General Order, straight time pay refers to exempt time compensation earned and paid on an hour-for-hour basis with the amount calculated on only the exempt officer’s base and longevity pay.

Question 7

Time Actually Worked.

Answer 7

For the purposes of calculating exempt time compensation and exempt time credit, time actually worked includes time the exempt officer is actually on duty, including mealtime, as well as when the exempt officer observes designated City Council declared holidays, or when the exempt officer has taken paid leave (i.e., paid time off, death in the family, or other paid leave).

Any deferred holiday time accrued is not counted as time actually worked since the officer is not actually working on the holiday for which the deferred holiday time is accrued.

Question 8

ELIGIBILITY

Exempt officers shall not work in excess of the number of hours in the exempt officers’ regular workday without…

Work in excess of the number of hours in the exempt officer’s regular workday must be justified as…

Answer 8

1) prior authorization from the appropriate supervisor.

2) serving a specific department function or need.

Question 9

ELIGIBILITY

Exempt officers shall be eligible for exempt time compensation or exempt time credit for hours worked in excess of the number of hours in the exempt officers’ regular workday, including all time actually worked in accordance with this General Order.

When calculating exempt time compensation or exempt time credit, _____ time blocks shall be used for time entered by timekeepers.

If an exempt officer has worked ____minutes or more of the quarter-hour time block, then the entire 15-minute block shall be approved for exempt time compensation or exempt time credit, as applicable.

When less than eight minutes in the time block are worked, credit for that time block shall not be granted.

Answer 9

1) quarter-hour

2) eight

Question 10

ELIGIBILITY

Exempt Time Compensation

Exempt time compensation shall be earned on an _____ basis at _____ for exempt officers holding the rank of lieutenant or captain or classified pay grade VII or IX.

Answer 10

1) hour-for-hour

2) straight time pay

Question 11

ELIGIBILITY

Exempt Time Credit

For exempt officers holding the rank of captain or classified pay grade IX, exempt time credit shall be earned on an _____ basis.

For exempt officers holding the rank of lieutenant or classified pay grade VII, exempt time credit shall be earned at _____ for each hour actually worked.

Answer 11

1) hour-for-hour

2) one and one-half hours

Question 12

EXEMPT TIME CREDIT ACCRUAL AND USAGE

Exempt time credit shall be accrued in a separate time bank, can be carried over from one benefit year to another, and shall remain in the time bank until used.

The total number of hours of exempt time credit in an exempt officer’s time bank shall not exceed ___hours.

Once the employee’s exempt time credit bank reaches the 480-hour limit, all additional overtime worked shall be compensated with _____.

Exempt time credit may be used for any type of personal leave in a manner consistent with the department’s leave policy.

Answer 12

1) 480

2) straight time pay

Question 13

EXEMPT TIME CREDIT ACCRUAL AND USAGE

Exempt time credit has no cash value; therefore, it cannot be taken, used, or awarded as follows:

a.
As “drag-up” pay at _____

b.
In the event of the _____

c.
During the _____

Answer 13

a.
As “drag-up” pay at retirement or separation

b.
In the event of the officer’s death

c.
During the Phase Down Program

Question 14

FLEXTIME

Exempt officers shall not be authorized to flex their shift for the purpose of earning exempt time compensation or exempt time credit.

Supervisors, however, may approve an exempt officer to flex his shift in order to _____ even if it results in the exempt officer earning exempt time compensation or exempt time credit that would not have been earned had the shift not been flexed.

Employees shall refer to General Order 200-26, Workday and Workweek for other directives regarding flextime.

Answer 14

meet department needs

Question 15

COURT ATTENDANCE

Exempt officers shall receive _____ for attending court during off-duty hours in accordance with General Order 300-25, Court Attendance and Compensation.

Answer 15

exempt time compensation or exempt time credit

Question 16

CALL-UPS

When, without prearrangement, off-duty exempt officers are required to report immediately to a specific location for a department action other than court attendance, exempt time compensation or exempt time credit shall be authorized from…

The travel time allowed for exempt time compensation or exempt time credit must be realistic in association and not have an appearance of impropriety.

Answer 16

the time the exempt officer receives the notification and shall continue until the officer departs from the last location requiring department action

Question 17

COUNCIL-APPROVED HOLIDAYS

When a City of Houston holiday occurs on an exempt officer’s regular day off and the officer does not work on the holiday, the officer shall…

When an exempt officer is off observing a holiday, the holiday shall have a value equal to the exempt officer’s workday.

When an exempt officer works the holiday, whether it is his regular workday or regular day off, the department will decide whether the eligible exempt officer may receive _____, in addition to any compensation or deferred holiday time indicated above.

Answer 17

1) be granted deferred holiday time in his accrued leave bank equal to the number of hours in his regular workday.
2) exempt time compensation or exempt time credit

Question 18

EARN AND BURN

The department prohibits the practice known as “Earn and Burn” in which some personal leave (straight time) is used (burned) in order to earn exempt time compensation or exempt time credit.

Accordingly, exempt officers shall not use or be allowed to use (burn) any type of leave (straight time) and earn exempt time compensation or exempt time credit…

Answer 18

during the same shift

Question 19

FLOATING HOLIDAYS

The hour value of a floating holiday shall be equal to an exempt officer’s normal workday, and shall be of non-accruable time.

Floating holidays cannot be _____.

Floating holidays must be used as _____.

If an exempt officer is required to work or attend court during his regular shift on a day previously approved as a floating holiday, the entire holiday will remain unused and must be rescheduled.

Answer 19

1) submitted for pay

2) whole workdays

Question 20

ON-DUTY TRAINING

Exempt officers shall _____ to attend on-duty training when such training falls outside their regularly scheduled shift.

If the on-duty training falls on the exempt officer’s regular day off, the supervisor shall adjust the exempt officer’s days off.

Exempt officers attending on-duty training are eligible for exempt time compensation or exempt time credit if…

Except as provided above, exempt time compensation and exempt time credit may be authorized only to avoid a negative impact on division operations.

Answer 20

1) adjust their shift
2) the training causes an exempt officer to exceed the number of hours in the exempt officer’s regular workday unless flextime is used.

Question 21

TRAVEL TIME GAP

Except as noted below, there must be a travel time gap between an exempt officer’s end of shift and the beginning time of an assignment for which the exempt officer receives…

The travel time gap must be realistic in association and not have an appearance of impropriety.

Calculation of travel time gap shall consider the time of day, traffic, weather, and distance traveled.

If travel is required, the minimum travel time gap shall be no less than ___minutes.

When exempt officers are traveling to such an assignment in a privately owned vehicle, the requirement of a travel time gap applies. There is no travel time gap requirement when exempt officers are traveling to such an assignment using a City owned or controlled vehicle or when no travel is required.

Answer 21

1) exempt time compensation or exempt time credit and vice versa.
2) 15

Question 22

EXEMPT EMPLOYEE OVERTIME COMPENSATION REQUEST FORM

Documentation on the Overtime Request Form

All eligible, exempt officers requesting exempt time compensation or exempt time credit must complete an Exempt Employee Overtime Compensation Request form (located on the department’s Intranet Portal).

Exempt officers requesting exempt time compensation or exempt time credit shall list in the Details section of the overtime request form all requisite and important information.

Any employees who add a comment in the Details section, other than the exempt officer submitting or supervisor approving the overtime request form, shall include…

Answer 22

their name and employee number

Question 23

EXEMPT EMPLOYEE OVERTIME COMPENSATION REQUEST FORM

Submission of the Overtime Request Form

The overtime request form shall be submitted to the appropriate supervisor in the division or command for which the overtime was worked within _____ days following the hours worked.

Once an officer submits an overtime request form to a supervisor, it becomes the responsibility of the receiving supervisor to ensure the timekeeper is provided any approved overtime request form within _____ days after the date it was submitted to the first approving supervisor.

All approved overtime request forms shall be submitted to the division’s timekeeper where the overtime was performed.

Answer 23

1) five calendar

2) five calendar

Question 24

EXEMPT EMPLOYEE OVERTIME COMPENSATION REQUEST FORM

Records Retention

All original approved Exempt Employee Overtime Compensation Request forms shall be retained by the compensating division and a copy shall be forwarded to the _____ for placement in their division files in accordance with General Order 800-12, Records Retention.

The above process also applies to exempt officers on temporary assignment in accordance with General Order 300-02, Transfer of Classified Employees.

Answer 24

exempt officers’ regular assigned division

Question 25

SUPERVISOR RESPONSIBILITIES Supervisors shall not delegate their authority to approve overtime requests to non-supervisory personnel. ____ signatures for approval are prohibited. Supervisors approving overtime request forms are responsible for ensuring exempt officers have properly documented all required information on the Exempt Employee Overtime Compensation Request form. Supervisors shall ensure travel time gaps and requests for _______ are reasonable, proper, and in accordance with the rules outlined in this and other applicable General Orders and directives.

Answer 25

1) Stamped | 2) exempt time compensation, exempt time credit, and travel compensation

Question 26

SUPERVISOR RESPONSIBILITIES Other than for _____, the department shall determine whether exempt time shall be earned as exempt time compensation or exempt time credit. An exempt time compensation or exempt time credit request shall not be approved if it contains obvious inaccuracies. The overtime request form shall be _____ for correction or explanation to the satisfaction of the supervisor. Except for obvious inaccuracies noted above, supervisors shall refer to section 13, Denial or Removal of Exempt Time, if the overtime request does not comply with this General Order.

Answer 26

1) court attendance | 2) returned to the exempt officer

Question 27

SUPERVISOR RESPONSIBILITIES Other than filling in the overtime codes and adding comments in the Details section, supervisors shall not... Corrections shall be made by the submitting exempt officer. Requests for overtime require approval by _____ for which the overtime was worked.

Answer 27

1) make changes on a submitted overtime request form | 2) two different supervisors of ascending rank in the officer's chain of command

Question 28

DENIAL OR REMOVAL OF EXEMPT TIME Unless there is an obvious inaccuracy on an overtime request form for which an explanation or correction is needed as set forth above, exempt officers who have worked overtime cannot be denied exempt time compensation or exempt time credit, as applicable. It is the department's stance to... If the overtime worked is questionable, supervisors shall...

Answer 28

1) compensate questionable overtime and then an inquiry shall be conducted. 2) approve it, note their concerns in the Details section of the overtime form along with the supervisor's name and employee number, submit it, and then conduct an inquiry

Question 29

DENIAL OR REMOVAL OF EXEMPT TIME If an inquiry concludes the exempt officer should not have received overtime compensation, the timekeeper shall... Furthermore, supervisors discovering an overtime violation shall adhere to the requirements of reporting employee misconduct set out in General Order 200-03, Investigation of Employee Misconduct.

Answer 29

arrange to have the overtime amount removed from the officer's pay or banked time.

Question 30

DENIAL OR REMOVAL OF EXEMPT TIME When a determination is made that an exempt officer should not receive overtime compensation, a _____ shall be provided to the officer. The original overtime request form and a copy of the written explanation shall be forwarded to the... The original documentation shall be filed in the officer's divisional overtime file according to General Order 800-12, Records Retention. Officers who wish to appeal overtime compensation denial or removal shall follow the departmental grievance process detailed in General Order 300-12, Grievance Procedure.

Answer 30

1) copy of the overtime request form and a written explanation 2) concerned commander immediately.

Question 31

TIMEKEEPER RESPONSIBILITIES Timekeepers shall enter only approved requests for exempt time compensation or exempt time credit, as applicable, into an exempt officer's records. Posting overtime worked or taken shall be done on a ____ basis within system constraints except for weekends and holidays or as approved by the commander. Even if the commander approves an alternative timeframe for posting such time, timekeepers shall enter all approved overtime worked or taken...

Answer 31

1) daily | 2) before the end of each pay period.

Question 32

TIMEKEEPER RESPONSIBILITIES To process exempt officers' overtime request forms, the timekeeper shall enter the following information into the Kronos system under the appropriate officer's name and employee number: ... Following entry, the timekeeper shall date and sign each overtime request form indicating the DAC and other information on the form were entered into the Kronos system. Stamped signatures attesting to entries are prohibited.

Answer 32

date overtime was worked, appropriate A/A field code, department activity code (DAC), beginning and ending times of the overtime worked, and other appropriate information.

Question 33

TIMEKEEPER RESPONSIBILITIES Upon completion of entering all exceptions and overtime request forms, the timekeeper shall do all of the following: a. Generate in Kronos and print a batch time entry report for each _____. b. _____the printed batch report with the overtime compensation and leave requests. c. _____ the reconciled batch report certifying the accuracy of the entries. Stamped signatures certifying the accuracy of entries are prohibited. d. Retain signed batch reports in the division in accordance with General Order 800-12, Records Retention. e. File the _____in the applicable officer's divisional overtime file and retain in accordance with General Order 800-12, Records Retention.

Answer 33

a. Generate in Kronos and print a batch time entry report for each batch submitted. b. Reconcile the printed batch report with the overtime compensation and leave requests. c. Sign and date the reconciled batch report certifying the accuracy of the entries. Stamped signatures certifying the accuracy of entries are prohibited. d. Retain signed batch reports in the division in accordance with General Order 800-12, Records Retention. e. File the original overtime compensation request forms in the applicable officer's divisional overtime file and retain in accordance with General Order 800-12, Records Retention.

Question 34

TIMEKEEPER RESPONSIBILITIES Timekeepers may make any needed and approved modifications of overtime compensation information after it has been entered into Kronos. However, if any needed and approved adjustment cannot be completed by the timekeeper, the timekeeper shall _____ so the adjustments can be made. Overtime earned by a timekeeper shall be posted by the back-up timekeeper. If no back-up is available, timekeepers shall submit their approved overtime request forms to Payroll Services for entry into Kronos.

Answer 34

send a written request to the City of Houston's Payroll Services Division in the Administration and Regulatory Affairs Department