25 NCAC 01D .1928. COMPENSATION – NON-EXEMPT

(a)  The State of North Carolina shall, whenever possible, give compensatory time off, in lieu of monetary compensation for hours worked in excess of 40 hours per work week.  The decision as to whether to give compensatory time off, rather than monetary compensation, for overtime worked is solely within the discretion of management.  Compensatory time off shall be scheduled by management, although reasonable effort shall be made to accommodate the employee as to such scheduling.

(b)  An employee shall be given compensatory time off on the basis of one and one‑half times the amount of time worked beyond 40 hours during a week.  Compensatory time may be accumulated up to a maximum of 240 hours (160 hours straight time) and shall be taken within 12 months from the date the overtime is performed.  If compensatory time off is not given by the end of the 12‑month period, the overtime pay shall be included in the employee's next regular paycheck. Any overtime worked above this amount shall be paid in the employee's next regular paycheck.  Overtime worked shall be recorded and compensated in units of one‑tenth of an hour. 

This Paragraph is not applicable to persons in law enforcement or fire protection activities and in residence employees.

(c)  Prior to employment, each successful candidate for state employment in a position subject to hours of work and overtime pay standards must sign a form acknowledging that it has been explained to him that it is the state's policy to give time off in lieu of monetary compensation, wherever possible, for hours worked beyond 40 in a work week.  Agreement to this is a condition of employment with the state; failure or refusal to sign such agreement shall prevent employment of that person.  This signed form shall be a part of the employee's personnel file; it must be kept for at least three years following that person's separation from state employment.

(d)  Upon transfer to another agency or termination of employment, an employee shall be paid for unused compensatory time off at a rate of compensation not less than either the average regular rate received by such employee during the last three years of the employee's employment or the final regular rate received by such employee, whichever is higher.

 

History Note:        Authority G.S. 126‑4;

Eff. January 1, 1989;

Amended Eff. March 1, 2005; December 1, 1995; March 1, 1994.