Common use of Compensatory Time in Lieu of Overtime Pay Clause in Contracts

Compensatory Time in Lieu of Overtime Pay. a. For FLSA non-exempt employees, the Agency shall provide overtime pay for all overtime work performed. After considering mission requirements, the Agency may grant compensatory time off for overtime work performed; however, non-exempt employees shall not be required to accept compensatory time off in lieu of payment for any overtime work performed. The Agency will consider employee-initiated requests, in writing, for compensatory time off in lieu of overtime pay. b. Employees are strongly encouraged to use any compensatory time off earned by the end of the 26th pay period after such time it was earned. c. Upon expiration of twenty-six (26) pay periods or upon separation of the employee from the Agency, the Agency will pay FLSA non-exempt employees for any unused compensatory time off earned in lieu of overtime pay to the employee’s credit, at the overtime rate in effect when the compensatory time off was earned. d. FLSA exempt employees’ earned compensatory time off will be forfeited if not used prior to the expiration of twenty-six (26) pay periods. However, if an employee is prevented from using compensatory time off due to an exigency of the Agency’s business, the unused compensatory time off will be paid out at the overtime rate in effect when earned. e. For FLSA exempt employees, whose rate of basic pay is above the rate for GS-10, Step 10, the Agency may at its discretion require the employee to receive compensatory time off in lieu of overtime pay for irregular or occasional overtime. f. FLSA exempt employees whose rate of pay does not exceed the rate for GS-10, Step 10, may request, in writing, to receive compensatory time off in lieu of overtime pay for irregular or occasional overtime. Such written requests will normally be granted, subject to mission requirements. If the employee does not make such a written request, or if the Agency does not approve that request, the employee is entitled to compensation in accordance with the overtime requirements.

Compensatory Time in Lieu of Overtime Pay. a. For FLSA non-exempt employees, the Agency shall provide overtime pay for all overtime work performed. After considering mission requirements, the Agency may grant compensatory time off for overtime work performed; however, non-non- exempt employees shall not be required to accept compensatory time off in lieu of payment for any overtime work performed. The Agency will consider employee-employee initiated requests, in writing, for compensatory time off in lieu of overtime pay. b. Employees are strongly encouraged to use any compensatory Compensatory time off earned must be used by the end of the 26th pay period after such time it was earned. c. Upon expiration of twenty-six (26) pay periods or upon separation of the employee from the Agency, the Agency will pay FLSA non-exempt employees for any unused compensatory time off earned in lieu of overtime pay to the employee’s credit, at the overtime rate in effect when the compensatory time off was earned. d. FLSA exempt employees’ earned compensatory time off will be forfeited if not used prior to the expiration of twenty-six (26) pay periods. However, if an employee is prevented from using compensatory time off due to an exigency of the Agency’s business, the unused compensatory time off will be paid out at the overtime rate in effect when earned. e. For FLSA exempt employees, whose rate of basic pay is above the rate for GS-10, Step 10, the Agency may at its discretion require the employee to receive compensatory time off in lieu of overtime pay for irregular or occasional overtime. f. FLSA exempt employees whose rate of pay does not exceed the rate for GS-10, Step 10, may request, in writing, to receive compensatory time off in lieu of overtime pay for irregular or occasional overtime. Such written requests will normally be granted, subject to mission requirements. If the employee does not make such a written request, or if the Agency does not approve that request, the employee is entitled to compensation in accordance with the overtime requirements.