Common use of Payment for Overtime Clause in Contracts

Payment for Overtime. The current practice regarding eligibility for overtime shall be maintained. Employees covered under FLSA, with the approval of the employer, may elect to take compensatory time, paid at time and one-half, or for weather-related emergencies, double time, in lieu of cash payments for overtime. Employees will inform the employer of their choice of cash overtime or compensatory time before working the overtime. Employees will be allowed to declare their election of compensatory time prior to working overtime but in no case more than on a pay period basis. Opportunities for employees to work overtime will not be affected by their election of cash or compensatory time. Employees can accrue up to 240 hours of compensatory time. Employees who work in a public safety activity, emergency response activity, or seasonal activity, can accrue up to 480 hours of compensatory time. In addition, such employees with the approval of the employer [appointing authority] may request compensatory time in lieu of cash for such holiday work. The Employer may not change the work schedule of an employee who works a standard workweek to avoid the payment of overtime or accrual of compensatory time. For employees who are FLSA covered there will be no time limit during which the employee must use his or her compensatory time. Employees shall not be required to use compensatory time. Use of such compensatory time will be granted in a fair and equitable manner. All unused compensatory time, for all FSLA covered employees, will be paid upon an employee leaving State service or upon death, to the employee’s estate, at a rate, which is the higher of: • The final regular rate received by the employee; or • The final average regular rate received by the employee during the last three years of employment. 1. Work time includes time during which an employee: (a) Is on duty, whether at the employee’s principal job site or at a remote location as part of the State’s Telecommuting Program; (b) Is on paid leave; (c) Participates in training activities as a job assignment; (d) Is on the Employer’s premises and is on call and waiting for work; (e) Is not on the Employer’s premises, but is on call and waiting for work, and the employee’s personal activities are substantially restricted; (f) Is changing into and removing program-specified clothing and equipment necessary for the performance of the job; (g) Participates in activities that are job-related immediately before the beginning or immediately after the end of an assigned shift; (h) Travels to and from work after being recalled to work by the appointing authority or the appointing authority’s designated representative after the employee has completed the standard workday; (i) Travels to and from work after being called to work by the appointing authority or by the appointing authority’s designated representative on the employee’s scheduled day off if the employee works fewer than eight hours as a result of being called on the employee’s scheduled day off; (j) Travels between home and a work site other than the assigned office, in accordance with the Standard Travel Regulations; (k) In accordance with this agreement, investigates and processes a disciplinary appeal or grievance, and participates at any conference or hearing relating to a grievance or appeal; or (l) With prior supervisory approval, uses reasonable time to investigate and process a complaint under State Personnel and Pensions Article, Title 5, Annotated Code of Maryland. 2. Work time includes any other time defined as work time under the Fair Labor Standards Act (FLSA), if applicable. 3. With the exception of those categories of employees cited in the Fair Labor Standards Act, 29 U.S.C. δ201 et seq., or as otherwise provided in this agreement, an appointing authority may exclude meal periods and a maximum of 8 hours sleep from consideration as work time for employees who are on duty for more than 24 hours. If the employee’s sleep is interrupted for the performance of work so that the employee is unable to sleep continuously for at least 5 hours, the appointing authority shall consider the entire period of sleep, up to a maximum of 8 hours, as work time.

Payment for Overtime. The current practice regarding eligibility for overtime shall be maintained. Employees covered under FLSA, with the approval of the employerEmployer, may elect to take compensatory time, paid at time and one-half, or for weather-related emergencies, double time, in lieu of cash payments for overtime. Employees will inform the employer Employer of their choice of cash overtime or compensatory time before working the overtime. Employees will be allowed to declare their election of compensatory time prior to working overtime but in no case more than on a pay period basis. Opportunities for employees to work overtime will not be affected by their election of cash or compensatory time. Employees can accrue up to 240 hours of compensatory time. Employees who work in a public safety activity, emergency response activity, or seasonal activity, can accrue up to 480 hours of compensatory time. In addition, such employees with the approval of the employer Employer [appointing authority] may request compensatory time in lieu of cash for such holiday work. The Employer may not change the work schedule of an employee who works a standard workweek to avoid the payment of overtime or accrual of compensatory time. For employees who are FLSA covered there will be no time limit during which the employee must use his or her compensatory time. Employees shall not be required to use compensatory time. Use of such compensatory time will be granted in a fair and equitable manner. All unused compensatory time, for all FSLA covered employees, will be paid upon an employee leaving State service or upon death, to the employee’s estate, at a rate, which is the higher of: • The final regular rate received by the employee; or • The final average regular rate received by the employee during the last three years of employment. 1. Work time includes time during which an employee: (a) Is on duty, whether at the employee’s principal job site or at a remote location as part of the State’s Telecommuting Program; (b) Is on paid leave; (c) Participates in training activities as a job assignment; (d) Is on the Employer’s premises and is on call and waiting for work; (e) Is not on the Employer’s premises, but is on call and waiting for work, and the employee’s personal activities are substantially restricted; (f) Is changing into and removing program-specified clothing and equipment necessary for the performance of the job; (g) Participates in activities that are job-related immediately before the beginning or immediately after the end of an assigned shift; (h) Travels to and from work after being recalled to work by the appointing authority or the appointing authority’s designated representative after the employee has completed the standard workday; (i) Travels to and from work after being called to work by the appointing authority or by the appointing authority’s designated representative on the employee’s scheduled day off if the employee works fewer than eight hours as a result of being called on the employee’s scheduled day off; (j) Travels between home and a work site other than the assigned office, in accordance with the Standard Travel Regulations; (k) In accordance with this agreement, investigates and processes a disciplinary appeal or grievance, and participates at any conference or hearing relating to a grievance or appeal; or (l) With prior supervisory approval, uses reasonable time to investigate and process a complaint under State Personnel and Pensions Article, Title 5, Annotated Code of Maryland. 2. Work time includes any other time defined as work time under the Fair Labor Standards Act (FLSA), if applicable. 3. With the exception of those categories of employees cited in the Fair Labor Standards Act, 29 U.S.C. δ201 et seq., or as otherwise provided in this agreementAgreement, an appointing authority may exclude meal periods and a maximum of 8 hours sleep from consideration as work time for employees who are on duty for more than 24 hours. If the employee’s sleep is interrupted for the performance of work so that the employee is unable to sleep continuously for at least 5 hours, the appointing authority shall consider the entire period of sleep, up to a maximum of 8 hours, as work time.

Payment for Overtime. The current practice regarding eligibility for overtime shall be maintained. Employees covered under FLSA, with the approval of the employer, may elect to take compensatory time, paid at time and one-half, or for weather-related emergencies, double time, in lieu of cash payments for overtime. Employees will inform the employer of their choice of cash overtime or compensatory time before working the overtime. Employees will be allowed to declare their election of compensatory time prior to working overtime but in no case more than on a pay period basis. Opportunities for employees to work overtime will not be affected by their election of cash or compensatory time. Employees can accrue up to 240 hours of compensatory time. Employees who work in a public safety activity, emergency response activity, or seasonal activity, can accrue up to 480 hours of compensatory time. In addition, such employees with the approval of the employer [appointing authority] may request compensatory time in lieu of cash for such holiday work. The Employer may not change the work schedule of an employee who works a standard workweek to avoid the payment of overtime or accrual of compensatory time. For employees who are FLSA covered there will be no time limit during which the employee must use his or her compensatory time. Employees shall not be required to use compensatory time. Use of such compensatory time will be granted in a fair and equitable manner. All unused compensatory time, for all FSLA covered employees, will be paid upon an employee leaving State service or upon death, to the employee’s estate, at a rate, which is the higher of: • The final regular rate received by the employee; or • The final average regular rate received by the employee during the last three years of employment. 1. Work time includes time during which an employee: (a) Is on duty, whether at the employee’s principal job site or at a remote location as part of the State’s Telecommuting Program; (b) Is on paid leave; (c) Participates in training activities as a job assignment; (d) Is on the Employer’s premises and is on call and waiting for work; (e) Is not on the Employer’s premises, but is on call and waiting for work, and the employee’s personal activities are substantially restricted; (f) Is changing into and removing program-specified clothing and equipment necessary for the performance of the job; (g) Participates in activities that are job-related immediately before the beginning or immediately after the end of an assigned shift; (h) Travels to and from work after being recalled to work by the appointing authority or the appointing authority’s designated representative after the employee has completed the standard workday; (i) Travels to and from work after being called to work by the appointing authority or by the appointing authority’s designated representative on the employee’s scheduled day off if the employee works fewer than eight hours as a result of being called on the employee’s scheduled day off; (j) Travels between home and a work site other than the assigned office, in accordance with the Standard Travel Regulations; (k) In accordance with this agreement, investigates and processes a disciplinary appeal or grievance, and participates at any conference or hearing relating to a grievance or appeal; or (l) With prior supervisory approval, uses reasonable time to investigate and process a complaint under State Personnel and Pensions Article, Title 5, Annotated Code of Maryland. 2. Work time includes any other time defined as work time under the Fair Labor Standards Act (FLSA), if applicable. 3. With the exception of those categories of employees cited in the Fair Labor Standards Act, 29 U.S.C. δ201 201 et seq., or as otherwise provided in this agreement, an appointing authority may exclude meal periods and a maximum of 8 hours sleep from consideration as work time for employees who are on duty for more than 24 hours. If the employee’s sleep is interrupted for the performance of work so that the employee is unable to sleep continuously for at least 5 hours, the appointing authority shall consider the entire period of sleep, up to a maximum of 8 hours, as work time.

Payment for Overtime. The current practice regarding eligibility for overtime shall be maintained. . A. Employees covered under FLSA, with the approval of the employer, may elect to take compensatory time, time paid at time and one-half, or for weather-related emergencies, double time, in lieu of cash payments for overtime. Employees will inform the employer of their choice of cash overtime or compensatory time before working the overtime. Employees will be allowed to declare their election of compensatory time prior to working overtime but in no case more than on a pay period basis. Opportunities for employees to work overtime will not be affected by their election of cash or compensatory time. Employees can accrue up to 240 hours of compensatory time. Employees who work in a public safety activity, emergency response activity, or seasonal activity, can accrue up to 480 hours of compensatory time. B. FLSA nonexempt employees may request the substitution of compensatory time for cash overtime. In addition, such employees with Such a request must be initiated by the employee who always has the right to insist on cash payment for overtime. A request for compensatory time will be considered by the Employer on a case by case basis and approval shall not be unreasonably denied. C. A request to use earned compensatory time will be approved provided: a). The employee gave the supervisor reasonable notice of the employer [appointing authority] may request employee=s intention to use compensatory time; and b). The employee=s use of compensatory time in lieu of cash for such holiday work. The Employer may does not change the work schedule of an employee who works a standard workweek to avoid the payment of overtime or accrual of compensatory time. For employees who are FLSA covered there unduly disrupt operations. D. There will be no time limit during which the employee must use his or her compensatory time. Employees shall not be required to use compensatory time. Use of such compensatory time will be granted in a fair and equitable manner. All unused compensatory time, for all FSLA covered employees, time will be paid upon an employee employee=s leaving State service or upon death, to the employee’s =s estate, at a rate, rate which is the higher of: • o The final regular rate received by the employee; or • o The final average regular rate received by the employee during the last three years of employment. 1. Work time includes time during which an employee: (a) Is on duty, whether at the employee’s principal job site or at a remote location as part of the State’s Telecommuting Program; (b) Is on paid leave; (c) Participates in training activities as a job assignment; (d) Is on the Employer’s premises and is on call and waiting for work; (e) Is not on the Employer’s premises, but is on call and waiting for work, and the employee’s personal activities are substantially restricted; (f) Is changing into and removing program-specified clothing and equipment necessary for the performance of the job; (g) Participates in activities that are job-related immediately before the beginning or immediately after the end of an assigned shift; (h) Travels to and from work after being recalled to work by the appointing authority or the appointing authority’s designated representative after the employee has completed the standard workday; (i) Travels to and from work after being called to work by the appointing authority or by the appointing authority’s designated representative on the employee’s scheduled day off if the employee works fewer than eight hours as a result of being called on the employee’s scheduled day off; (j) Travels between home and a work site other than the assigned office, in accordance with the Standard Travel Regulations; (k) In accordance with this agreement, investigates and processes a disciplinary appeal or grievance, and participates at any conference or hearing relating to a grievance or appeal; or (l) With prior supervisory approval, uses reasonable time to investigate and process a complaint under State Personnel and Pensions Article, Title 5, Annotated Code of Maryland. 2. Work time includes any other time defined as work time under the Fair Labor Standards Act (FLSA), if applicable. 3. With the exception of those categories of employees cited in the Fair Labor Standards Act, 29 U.S.C. δ201 et seq., or as otherwise provided in this agreement, an appointing authority may exclude meal periods and a maximum of 8 hours sleep from consideration as work time for employees who are on duty for more than 24 hours. If the employee’s sleep is interrupted for the performance of work so that the employee is unable to sleep continuously for at least 5 hours, the appointing authority shall consider the entire period of sleep, up to a maximum of 8 hours, as work time.

Payment for Overtime. The current practice regarding eligibility for overtime shall be maintained. Employees covered under FLSA, with the approval of the employerEmployer, may elect to take compensatory time, paid at time and one-half, or for weather-related emergencies, double time, in lieu of cash payments for overtime. Employees will inform the employer Employer of their choice of cash overtime or compensatory time before working the overtime. Employees will be allowed to declare their election of compensatory time prior to working overtime but in no case more than on a pay period basis. Opportunities for employees to work overtime will not be affected by their election of cash or compensatory time. Employees can accrue up to 240 hours of compensatory time. Employees who work in a public safety activity, emergency response activity, or seasonal activity, can accrue up to 480 hours of compensatory time. In addition, such employees with the approval of the employer Employer [appointing authority] may request compensatory time in lieu of cash for such holiday work. The Employer may not change the work schedule of an employee who works a standard workweek to avoid the payment of overtime or accrual of compensatory time. For employees who are FLSA covered there will be no time limit during which the employee must use his or her compensatory time. Employees shall not be required to use compensatory time. Use of such compensatory time will be granted in a fair and equitable manner. All unused compensatory time, for all FSLA covered employees, will be paid upon an employee leaving State service or upon death, to the employee’s estate, at a rate, which is the higher of: •  The final regular rate received by the employee; or •  The final average regular rate received by the employee during the last three years of employment. 1. Work time includes time during which an employee: (a) Is on duty, whether at the employee’s principal job site or at a remote location as part of the State’s Telecommuting Program; (b) Is on paid leave; (c) Participates in training activities as a job assignment; (d) Is on the Employer’s premises and is on call and waiting for work; (e) Is not on the Employer’s premises, but is on call and waiting for work, and the employee’s personal activities are substantially restricted; (f) Is changing into and removing program-specified clothing and equipment necessary for the performance of the job; (g) Participates in activities that are job-related immediately before the beginning or immediately after the end of an assigned shift; (h) Travels to and from work after being recalled to work by the appointing authority or the appointing authority’s designated representative after the employee has completed the standard workday; (i) Travels to and from work after being called to work by the appointing authority or by the appointing authority’s designated representative on the employee’s scheduled day off if the employee works fewer than eight hours as a result of being called on the employee’s scheduled day off; (j) Travels between home and a work site other than the assigned office, in accordance with the Standard Travel Regulations; (k) In accordance with this agreement, investigates and processes a disciplinary appeal or grievance, and participates at any conference or hearing relating to a grievance or appeal; or (l) With prior supervisory approval, uses reasonable time to investigate and process a complaint under State Personnel and Pensions Article, Title 5, Annotated Code of Maryland. 2. Work time includes any other time defined as work time under the Fair Labor Standards Act (FLSA), if applicable. 3. With the exception of those categories of employees cited in the Fair Labor Standards Act, 29 U.S.C. δ201 § 201 et seq., or as otherwise provided in this agreementAgreement, an appointing authority may exclude meal periods and a maximum of 8 hours sleep from consideration as work time for employees who are on duty for more than 24 hours. If the employee’s sleep is interrupted for the performance of work so that the employee is unable to sleep continuously for at least 5 hours, the appointing authority shall consider the entire period of sleep, up to a maximum of 8 hours, as work time.

Payment for Overtime. The current practice regarding eligibility for overtime shall be maintained. Employees covered under FLSA, with the approval of the employer, may elect to take compensatory time, paid at time and one-half, or for weather-related emergencies, double time, in lieu of cash payments for overtime. Employees will inform the employer of their choice of cash overtime or compensatory time before working the overtime. Employees will be allowed to declare their election of compensatory time prior to working overtime but in no case more than on a pay period basis. Opportunities for employees to work overtime will not be affected by their election of cash or compensatory time. Employees can accrue up to 240 hours of compensatory time. Employees who work in a public safety activity, emergency response activity, or seasonal activity, can accrue up to 480 hours of compensatory time. In addition, such employees with the approval of the employer [appointing authority] may request compensatory time in lieu of cash for such holiday work. The Employer may not change the work schedule of an employee who works a standard workweek to avoid the payment of overtime or accrual of compensatory time. For employees who are FLSA covered there will be no time limit during which the employee must use his or her compensatory time. Employees shall not be required to use compensatory time. Use of such compensatory time will be granted in a fair and equitable manner. All unused compensatory time, for all FSLA covered employees, will be paid upon an employee leaving State service or upon death, to the employee’s estate, at a rate, which is the higher of: • The final regular rate received by the employee; or • The final average regular rate received by the employee during the last three years of employment. 1. Work time includes time during which an employee: (a) Is on duty, whether at the employee’s principal job site or at a remote location as part of the State’s Telecommuting Program; (b) Is on paid leave; (c) Participates in training activities as a job assignment; (d) Is on the Employer’s premises and is on call and waiting for work; (e) Is not on the Employer’s premises, but is on call and waiting for work, and the employee’s personal activities are substantially restricted; (f) Is changing into and removing program-specified clothing and equipment necessary for the performance of the job; (g) Participates in activities that are job-related immediately before the beginning or immediately after the end of an assigned shift; (h) Travels to and from work after being recalled to work by the appointing authority or the appointing authority’s designated representative after the employee has completed the standard workday; (i) Travels to and from work after being called to work by the appointing authority or by the appointing authority’s designated representative on the employee’s scheduled day off if the employee works fewer than eight hours as a result of being called on the employee’s scheduled day off; (j) Travels between home and a work site other than the assigned office, in accordance with the Standard Travel Regulations; (k) In accordance with this agreement, investigates and processes a disciplinary appeal or grievance, and participates at any conference or hearing relating to a grievance or appeal; or (l) With prior supervisory approval, uses reasonable time to investigate and process a complaint under State Personnel and Pensions Article, Title 5, Annotated Code of Maryland. 2. Work time includes any other time defined as work time under the Fair Labor Standards Act (FLSA), if applicable. 3. With the exception of those categories of employees cited in the Fair Labor Standards Act, 29 U.S.C. δ201 201 et seq., or as otherwise provided in this agreement, an appointing authority may exclude meal periods and a maximum of 8 hours sleep from consideration as work time for employees who are on duty for more than 24 hours. If the employee’s sleep is interrupted for the performance of work so that the employee is unable to sleep continuously for at least 5 hours, the appointing authority shall consider the entire period of sleep, up to a maximum of 8 hours, as work time.

Payment for Overtime. The current practice regarding eligibility for overtime shall be maintained. Employees covered under FLSA, with the approval of the employerEmployer, may elect to take compensatory time, paid at time and one-half, or for weather-related emergencies, double time, in lieu of cash payments for overtime. Employees will inform the employer Employer of their choice of cash overtime or compensatory time before working the overtime. Employees will be allowed to declare their election of compensatory time prior to working overtime but in no case more than on a pay period basis. Opportunities for employees to work overtime will not be affected by their election of cash or compensatory time. Employees can accrue up to 240 hours of compensatory time. Employees who work in a public safety activity, emergency response activity, or seasonal activity, can accrue up to 480 hours of compensatory time. In addition, such employees with the approval of the employer Employer [appointing authority] may request compensatory time in lieu of cash for such holiday work. The Employer may not change the work schedule of an employee who works a standard workweek to avoid the payment of overtime or accrual of compensatory time. For employees who are FLSA covered there will be no time limit during which the employee must use his or her compensatory time. Employees shall not be required to use compensatory time. Use of such compensatory time will be granted in a fair and equitable manner. All unused compensatory time, for all FSLA covered employees, will be paid upon an employee leaving State service or upon death, to the employee’s estate, at a rate, which is the higher of: • The final regular rate received by the employee; or • The final average regular rate received by the employee during the last three years of employment. 1. Work time includes time during which an employee: (a) Is on duty, whether at the employee’s principal job site or at a remote location as part of the State’s Telecommuting Program; (b) Is on paid leave; (c) Participates in training activities as a job assignment; (d) Is on the Employer’s premises and is on call and waiting for work; (e) Is not on the Employer’s premises, but is on call and waiting for work, and the employee’s personal activities are substantially restricted; (f) Is changing into and removing program-specified clothing and equipment necessary for the performance of the job; (g) Participates in activities that are job-related immediately before the beginning or immediately after the end of an assigned shift; (h) Travels to and from work after being recalled to work by the appointing authority or the appointing authority’s designated representative after the employee has completed the standard workday; (i) Travels to and from work after being called to work by the appointing authority or by the appointing authority’s designated representative on the employee’s scheduled day off if the employee works fewer than eight hours as a result of being called on the employee’s scheduled day off; (j) Travels between home and a work site other than the assigned office, in accordance with the Standard Travel Regulations; (k) In accordance with this agreement, investigates and processes a disciplinary appeal or grievance, and participates at any conference or hearing relating to a grievance or appeal; or (l) With prior supervisory approval, uses reasonable time to investigate and process a complaint under State Personnel and Pensions Article, Title 5, Annotated Code of Maryland. 2. Work time includes any other time defined as work time under the Fair Labor Standards Act (FLSA), if applicable. 3. With the exception of those categories of employees cited in the Fair Labor Standards Act, 29 U.S.C. δ201 § 201 et seq., or as otherwise provided in this agreementAgreement, an appointing authority may exclude meal periods and a maximum of 8 hours sleep from consideration as work time for employees who are on duty for more than 24 hours. If the employee’s sleep is interrupted for the performance of work so that the employee is unable to sleep continuously for at least 5 hours, the appointing authority shall consider the entire period of sleep, up to a maximum of 8 hours, as work time.

Payment for Overtime. The current practice regarding eligibility for overtime shall be maintained. Employees covered under FLSA, with the approval of the employerEmployer, may elect to take compensatory time, paid at time and one-half, or for weather-related emergencies, double time, in lieu of cash payments for overtime. Employees will inform the employer Employer of their choice of cash overtime or compensatory time before working the overtime. Employees will be allowed to declare their election of compensatory time prior to working overtime but in no case more than on a pay period basis. Opportunities for employees to work overtime will not be affected by their election of cash or compensatory time. Employees can accrue up to 240 hours of compensatory time. Employees who work in a public safety activity, emergency response activity, or seasonal activity, can accrue up to 480 hours of compensatory time. In addition, such employees employees, with the approval of the employer Employer [appointing authority] may request compensatory time in lieu of cash for such holiday work. The Employer may not change the work schedule of an employee who works a standard workweek to avoid the payment of overtime or accrual of compensatory time. For employees who are FLSA covered there will be no time limit during which the employee must use his or her compensatory time. Employees shall not be required to use compensatory time. Use of such compensatory time will be granted in a fair and equitable manner. All unused compensatory time, for all FSLA covered employees, will be paid upon an employee leaving State service or upon death, to the employee’s estate, at a rate, which is the higher of: • The final regular rate received by the employee; or • The final average regular rate received by the employee during the last three years of employment. 1. Work time includes time during which an employee: (a) Is on duty, whether at the employee’s principal job site or at a remote location as part of the State’s Telecommuting Program; (b) Is on paid leave; (c) Participates in training activities as a job assignment; (d) Is on the Employer’s premises and is on call and waiting for work; (e) Is not on the Employer’s premises, but is on call and waiting for work, and the employee’s personal activities are substantially restricted; (f) Is changing into and removing program-specified clothing and equipment necessary for the performance of the job; (g) Participates in activities that are job-related immediately before the beginning or immediately after the end of an assigned shift; (h) Travels to and from work after being recalled to work by the appointing authority or the appointing authority’s designated representative after the employee has completed the standard workday; (i) Travels to and from work after being called to work by the appointing authority or by the appointing authority’s designated representative on the employee’s scheduled day off if the employee works fewer than eight hours as a result of being called on the employee’s scheduled day off; (j) Travels between home and a work site other than the assigned office, in accordance with the Standard Travel Regulations; (k) In accordance with this agreement, investigates and processes a disciplinary appeal or grievance, and participates at any conference or hearing relating to a grievance or appeal; or (l) With prior supervisory approval, uses reasonable time to investigate and process a complaint under State Personnel and Pensions Article, Title 5, Annotated Code of Maryland. 2. Work time includes any other time defined as work time under the Fair Labor Standards Act (FLSA), if applicable. 3. With the exception of those categories of employees cited in the Fair Labor Standards Act, 29 U.S.C. δ201 § 201 et seq., or as otherwise provided in this agreementAgreement, an appointing authority may exclude meal periods and a maximum of 8 hours sleep from consideration as work time for employees who are on duty for more than 24 hours. If the employee’s sleep is interrupted for the performance of work so that the employee is unable to sleep continuously for at least 5 hours, the appointing authority shall consider the entire period of sleep, up to a maximum of 8 hours, as work time.

Payment for Overtime. The current practice regarding eligibility for overtime shall be maintained. Employees covered under FLSA, with the approval of the employer, may elect to take compensatory time, paid at time and one-half, or for weather-related emergencies, double time, in lieu of cash payments for overtime. Employees will inform the employer of their choice of cash overtime or compensatory time before working the overtime. Employees will be allowed to declare their election of compensatory time prior to working overtime but in no case more than on a pay period basis. Opportunities for employees to work overtime will not be affected by their election of cash or compensatory time. Employees can accrue up to 240 hours of compensatory time. Employees who work in a public safety activity, emergency response activity, or seasonal activity, can accrue up to 480 hours of compensatory time. In addition, such employees with the approval of the employer [appointing authority] may request compensatory time in lieu of cash for such holiday work. The Employer may not change the work schedule of an employee who works a standard workweek to avoid the payment of overtime or accrual of compensatory time. For employees who are FLSA covered there will be no time limit during which the employee must use his or her compensatory time. Employees shall not be required to use compensatory time. Use of such compensatory time will be granted in a fair and equitable manner. All unused compensatory time, for all FSLA covered employees, will be paid upon an employee leaving State service or upon death, to the employee’s estate, at a rate, which is the higher of: • The final regular rate received by the employee; or • The final average regular rate received by the employee during the last three years of employment. 1. Work time includes time during which an employee: (a) Is on duty, whether at the employee’s principal job site or at a remote location as part of the State’s Telecommuting Program; (b) Is on paid leave; (c) Participates in training activities as a job assignment; (d) Is on the Employer’s premises and is on call and waiting for work; (e) Is not on the Employer’s premises, but is on call and waiting for work, and the employee’s personal activities are substantially restricted; (f) Is changing into and removing program-specified clothing and equipment necessary for the performance of the job; (g) Participates in activities that are job-related immediately before the beginning or immediately after the end of an assigned shift; (h) Travels to and from work after being recalled to work by the appointing authority or the appointing authority’s designated representative after the employee has completed the standard workday; (i) Travels to and from work after being called to work by the appointing authority or by the appointing authority’s designated representative on the employee’s scheduled day off if the employee works fewer than eight hours as a result of being called on the employee’s scheduled day off; (j) Travels between home and a work site other than the assigned office, in accordance with the Standard Travel Regulations; (k) In accordance with this agreement, investigates and processes a disciplinary appeal or grievance, and participates at any conference or hearing relating to a grievance or appeal; or (l) With prior supervisory approval, uses reasonable time to investigate and process a complaint under State Personnel and Pensions Article, Title 5, Annotated Code of Maryland. 2. Work time includes any other time defined as work time under the Fair Labor Standards Act (FLSA), if applicable. 3. With the exception of those categories of employees cited in the Fair Labor Standards Act, 29 U.S.C. δ201 201 et seq., or as otherwise provided in this agreement, an appointing authority may exclude meal periods and a maximum of 8 hours sleep from consideration as work time for employees who are on duty for more than 24 hours. If the employee’s sleep is interrupted for the performance of work so that the employee is unable to sleep continuously for at least 5 hours, the appointing authority shall consider the entire period of periodof sleep, up to a maximum of 8 hours, as work time.

Payment for Overtime. The current practice regarding eligibility for overtime shall be maintained. Employees covered under FLSA, with the approval of the employerEmployer, may elect to take compensatory time, paid at time and one-half, or for weather-related emergencies, double time, in lieu of cash payments for overtime. Employees will inform the employer Employer of their choice of cash overtime or compensatory time before working the overtime. Employees will be allowed to declare their election of compensatory time prior to working overtime but in no case more than on a pay period basis. Opportunities for employees to work overtime will not be affected by their election of cash or compensatory time. Employees can accrue up to 240 hours of compensatory time. Employees who work in a public safety activity, emergency response activity, or seasonal activity, can accrue up to 480 hours of compensatory time. In addition, such employees with the approval of the employer Employer [appointing authority] may request compensatory time in lieu of cash for such holiday work. The Employer may not change the work schedule of an employee who works a standard workweek to avoid the payment of overtime or accrual of compensatory time. For employees who are FLSA covered there will be no time limit during which the employee must use his or her compensatory time. Employees shall not be required to use compensatory time. Use of such compensatory time will be granted in a fair and equitable manner. All unused compensatory time, for all FSLA covered employees, will be paid upon an employee leaving State service or upon death, to the employee’s estate, at a rate, which is the higher of: • The final regular rate received by the employee; or • The final average regular rate received by the employee during the last three years of employment. 1. Work time includes time during which an employee: (a) Is on duty, whether at the employee’s principal job site or at a remote location as part of the State’s Telecommuting Program; (b) Is on paid leave; (c) Participates in training activities as a job assignment; (d) Is on the Employer’s premises and is on call and waiting for work; (e) Is not on the Employer’s premises, but is on call and waiting for work, and the employee’s personal activities are substantially restricted; (f) Is changing into and removing program-specified clothing and equipment necessary for the performance of the job; (g) Participates in activities that are job-related immediately before the beginning or immediately after the end of an assigned shift; (h) Travels to and from work after being recalled to work by the appointing authority or the appointing authority’s designated representative after the employee has completed the standard workday; (i) Travels to and from work after being called to work by the appointing authority or by the appointing authority’s designated representative on the employee’s scheduled day off if the employee works fewer than eight hours as a result of being called on the employee’s scheduled day off; (j) Travels between home and a work site other than the assigned office, in accordance with the Standard Travel Regulations; (k) In accordance with this agreement, investigates and processes a disciplinary appeal or grievance, and participates at any conference or hearing relating to a grievance or appeal; or (l) With prior supervisory approval, uses reasonable time to investigate and process a complaint under State Personnel and Pensions Article, Title 5, Annotated Code of Maryland. 2. Work time includes any other time defined as work time under the Fair Labor Standards Act (FLSA), if applicable. 3. With the exception of those categories of employees cited in the Fair Labor Standards Act, 29 U.S.C. δ201 201 et seq., or as otherwise provided in this agreementAgreement, an appointing authority may exclude meal periods and a maximum of 8 hours sleep from consideration as work time for employees who are on duty for more than 24 hours. If the employee’s sleep is interrupted for the performance of work so that the employee is unable to sleep continuously for at least 5 hours, the appointing authority shall consider the entire period of sleep, up to a maximum of 8 hours, as work time.

Payment for Overtime. The current practice regarding eligibility for overtime shall be maintained. Employees covered under FLSA, with the approval of the employer, may elect to take compensatory time, paid at time and one-half, or for weather-related emergencies, double time, in lieu of cash payments for overtime. Employees will inform the employer of their choice of cash overtime or compensatory time before working the overtime. Employees will be allowed to declare their election of compensatory time prior to working overtime but in no case more than on a pay period basis. Opportunities for employees to work overtime will not be affected by their election of cash or compensatory time. Employees can accrue up to 240 hours of compensatory time. Employees who work in a public safety activity, emergency response activity, or seasonal activity, can accrue up to 480 hours of compensatory time. In addition, such employees with the approval of the employer [appointing authority] may request compensatory time in lieu of cash for such holiday work. The Employer may not change the work schedule of an employee who works a standard workweek to avoid the payment of overtime or accrual of compensatory time. For employees who are FLSA covered there will be no time limit during which the employee must use his or her compensatory time. Employees shall not be required to use compensatory time. Use of such compensatory time will be granted in a fair and equitable manner. All unused compensatory time, for all FSLA covered employees, will be paid upon an employee leaving State service or upon death, to the employee’s estate, at a rate, which is the higher of: • The final regular rate received by the employee; or • The final average regular rate received by the employee during the last three years of employment. 1. Work time includes time during which an employee: (a) Is on duty, whether at the employee’s principal job site or at a remote location as part of the State’s Telecommuting Program; (b) Is on paid leave; (c) Participates in training activities as a job assignment; (d) Is on the Employer’s premises and is on call and waiting for work; (e) Is not on the Employer’s premises, but is on call and waiting for work, and the employee’s personal activities are substantially restricted; (f) Is changing into and removing program-specified clothing and equipment necessary for the performance of the job; (g) Participates in activities that are job-related immediately before the beginning or immediately after the end of an assigned shift; (h) Travels to and from work after being recalled to work by the appointing authority or the appointing authority’s designated representative after the employee has completed the standard workday; (i) Travels to and from work after being called to work by the appointing authority or by the appointing authority’s designated representative on the employee’s scheduled day off if the employee works fewer than eight hours as a result of being called on the employee’s scheduled day off; (j) Travels between home and a work site other than the assigned office, in accordance with the Standard Travel Regulations; (k) In accordance with this agreement, investigates and processes a disciplinary appeal or grievance, and participates at any conference or hearing relating to a grievance or appeal; or (l) With prior supervisory approval, uses reasonable time to investigate and process a complaint under State Personnel and Pensions Article, Title 5, Annotated Code of Maryland. 2. Work time includes any other time defined as work time under the Fair Labor Standards Act (FLSA), if applicable. 3. With the exception of those categories of employees cited in the Fair Labor Standards Act, 29 U.S.C. δ201 § 201 et seq., or as otherwise provided in this agreement, an appointing authority may exclude meal periods and a maximum of 8 hours sleep from consideration as work time for employees who are on duty for more than 24 hours. If the employee’s sleep is interrupted for the performance of work so that the employee is unable to sleep continuously for at least 5 hours, the appointing authority shall consider the entire period of sleep, up to a maximum of 8 hours, as work time.

Payment for Overtime. The current practice regarding eligibility for overtime shall be maintained. Employees covered under FLSA, with the approval of the employer, may elect to take compensatory time, paid at time and one-half, or for weather-related emergencies, double time, in lieu of cash payments for overtime. Employees will inform the employer of their choice of cash overtime or compensatory time before working the overtime. Employees will be allowed to declare their election of compensatory time prior to working overtime but in no case more than on a pay period basis. Opportunities for employees to work overtime will not be affected by their election of cash or compensatory time. Employees can accrue up to 240 hours of compensatory time. Employees who work in a public safety activity, emergency response activity, or seasonal activity, can accrue up to 480 hours of compensatory time. In addition, such employees with the approval of the employer [appointing authority] may request compensatory time in lieu of cash for such holiday work. The Employer may not change the work schedule of an employee who works a standard workweek to avoid the payment of overtime or accrual of compensatory time. For employees who are FLSA covered there will be no time limit during which the employee must use his or her compensatory time. Employees shall not be required to use compensatory time. Use of such compensatory time will be granted in a fair and equitable manner. All unused compensatory time, for all FSLA covered employees, will be paid upon an employee leaving State service or upon death, to the employee’s estate, estate at a rate, rate which is the higher of: • The final regular rate received by the employee; or • The final average regular rate received by the employee during the last three years of employment. 1. Work time includes time during which an employee: (a) Is on duty, whether at the employee’s principal job site or at a remote location as part of the State’s Telecommuting Program; (b) Is on paid leave; (c) Participates in training activities as a job assignment; (d) Is on the Employer’s premises and is on call and waiting for work; (e) Is not on the Employer’s premises, but is on call and waiting for work, and the employee’s personal activities are substantially restricted; (f) Is changing into and removing program-specified clothing and equipment necessary for the performance of the job; (g) Participates in activities that are job-related immediately before the beginning or immediately after the end of an assigned shift; (h) Travels to and from work after being recalled to work by the appointing authority or the appointing authority’s designated representative after the employee has completed the standard workday; (i) Travels to and from work after being called to work by the appointing authority or by the appointing authority’s designated representative on the employee’s scheduled day off if the employee works fewer than eight hours as a result of being called on the employee’s scheduled day off; (j) Travels between home and a work site other than the assigned office, in accordance with the Standard Travel Regulations; (k) In accordance with this agreement, investigates and processes a disciplinary appeal or grievance, and participates at any conference or hearing relating to a grievance or appeal; or (l) With prior supervisory approval, uses reasonable time to investigate and process a complaint under State Personnel and Pensions Article, Title 5, Annotated Code of Maryland. 2. Work time includes any other time defined as work time under the Fair Labor Standards Act (FLSA), if applicable. 3. With the exception of those categories of employees cited in the Fair Labor Standards Act, 29 U.S.C. δ201 et seq., or as otherwise provided in this agreement, an appointing authority may exclude meal periods and a maximum of 8 hours sleep from consideration as work time for employees who are on duty for more than 24 hours. If the employee’s sleep is interrupted for the performance of work so that the employee is unable to sleep continuously for at least 5 hours, the appointing authority shall consider the entire period of sleep, up to a maximum of 8 hours, as work time.

Payment for Overtime. The current practice regarding eligibility for overtime shall be maintained. . A. Employees covered under FLSA, with the approval of the employer, employer may elect to take compensatory time, paid at time and one-half, or for weather-related emergencies, double time, in lieu of cash payments for overtime. Employees will inform the employer of their choice of cash overtime or compensatory time before working the overtime. Employees will be allowed to declare their election of compensatory time prior to working overtime but in no case more than on a pay period basis. Opportunities for employees to work overtime will not be affected by their election of cash or compensatory time. Employees can accrue up to 240 hours of compensatory time. Employees who work in a public safety activity, emergency response activity, or seasonal activity, can accrue up to 480 hours of compensatory time. B. FLSA nonexempt employees may request the substitution of compensatory time for cash overtime. In addition, such employees with Such a request must be initiated by the employee who always has the right to insist on cash payment for overtime. A request for compensatory time will be considered by the Employer on a case by case basis and approval shall not be unreasonably denied. C. A request to use earned compensatory time will be approved provided: a). The employee gave the supervisor reasonable notice of the employer [appointing authority] may request employee=s intention to use compensatory time; and b). The employee=s use of compensatory time in lieu of cash for such holiday work. The Employer may does not change the work schedule of an employee who works a standard workweek to avoid the payment of overtime or accrual of compensatory time. For employees who are FLSA covered there unduly disrupt operations. D. There will be no time limit during which the employee must use his or her compensatory time. Employees shall not be required to use compensatory time. Use of such compensatory time will be granted in a fair and equitable manner. All unused compensatory time, for all FSLA covered employees, time will be paid upon an employee employee=s leaving State service or upon death, to the employee’s =s estate, at a rate, rate which is the higher of: • The final regular rate received by the employee; or • The final average regular rate received by the employee during the last three years of employment. 1. Work time includes time during which an employee: (a) Is on duty, whether at the employee’s principal job site or at a remote location as part of the State’s Telecommuting Program; (b) Is on paid leave; (c) Participates in training activities as a job assignment; (d) Is on the Employer’s premises and is on call and waiting for work; (e) Is not on the Employer’s premises, but is on call and waiting for work, and the employee’s personal activities are substantially restricted; (f) Is changing into and removing program-specified clothing and equipment necessary for the performance of the job; (g) Participates in activities that are job-related immediately before the beginning or immediately after the end of an assigned shift; (h) Travels to and from work after being recalled to work by the appointing authority or the appointing authority’s designated representative after the employee has completed the standard workday; (i) Travels to and from work after being called to work by the appointing authority or by the appointing authority’s designated representative on the employee’s scheduled day off if the employee works fewer than eight hours as a result of being called on the employee’s scheduled day off; (j) Travels between home and a work site other than the assigned office, in accordance with the Standard Travel Regulations; (k) In accordance with this agreement, investigates and processes a disciplinary appeal or grievance, and participates at any conference or hearing relating to a grievance or appeal; or (l) With prior supervisory approval, uses reasonable time to investigate and process a complaint under State Personnel and Pensions Article, Title 5, Annotated Code of Maryland. 2. Work time includes any other time defined as work time under the Fair Labor Standards Act (FLSA), if applicable. 3. With the exception of those categories of employees cited in the Fair Labor Standards Act, 29 U.S.C. δ201 et seq., or as otherwise provided in this agreement, an appointing authority may exclude meal periods and a maximum of 8 hours sleep from consideration as work time for employees who are on duty for more than 24 hours. If the employee’s sleep is interrupted for the performance of work so that the employee is unable to sleep continuously for at least 5 hours, the appointing authority shall consider the entire period of sleep, up to a maximum of 8 hours, as work time.

Payment for Overtime. The current practice regarding eligibility for overtime shall be maintained. Employees covered under FLSA, with the approval of the employer, may elect to take compensatory time, paid at time and one-half, or for weather-related emergencies, double time, in lieu of cash payments for overtime. Employees will inform the employer of their choice of cash overtime or compensatory time before working the overtime. Employees will be allowed to declare their election of compensatory time prior to working overtime but in no case more than on a pay period basis. Opportunities for employees to work overtime will not be affected by their election of cash or compensatory time. Employees can accrue up to 240 hours of compensatory time. Employees who work in a public safety activity, emergency response activity, or seasonal activity, activity can accrue up to 480 hours of compensatory time. In addition, such employees with the approval of the employer [or the appointing authority] authority may request compensatory time in lieu of cash for such holiday work. The Employer may not change the work schedule of an employee who works a standard workweek to avoid the payment of overtime or accrual of compensatory time. For employees who are FLSA covered there will be no time limit during which the employee must use his or her compensatory time. Employees shall not be required to use compensatory time. Use of such compensatory time will be granted in a fair and equitable manner. All unused compensatory time, for all FSLA covered employees, will be paid upon an employee leaving State service or upon death, to the employee’s estate, at a rate, which is the higher of: • The final regular rate received by the employee; or • The final average regular rate received by the employee during the last three years of employment. 1. Work time includes time during which an employee: (a) Is on duty, whether at the employee’s principal job site or at a remote location as part of the State’s Telecommuting Program; (b) Is on paid leave; (c) Participates in training activities as a job assignment; (d) Is on the Employer’s premises and is on call and waiting for work; (e) Is not on the Employer’s premises, but is on call and waiting for work, and the employee’s personal activities are substantially restricted; (f) Is changing into and removing program-specified clothing and equipment necessary for the performance of the job; (g) Participates in activities that are job-related immediately before the beginning or immediately after the end of an assigned shift; (h) Travels to and from work after being recalled to work by the appointing authority or the appointing authority’s designated representative after the employee has completed the standard workday; (i) Travels to and from work after being called to work by the appointing authority or by the appointing authority’s designated representative on the employee’s scheduled day off if the employee works fewer than eight hours as a result of being called on the employee’s scheduled day off; (j) Travels between home and a work site other than the assigned office, in accordance with the Standard Travel Regulations; (k) In accordance with this agreement, investigates and processes a disciplinary appeal or grievance, and participates at any conference or hearing relating to a grievance or appeal; or (l) With prior supervisory approval, uses reasonable time to investigate and process a complaint under State Personnel and Pensions Article, Title 5, Annotated Code of Maryland. 2. Work time includes any other time defined as work time under the Fair Labor Standards Act (FLSA), if applicable. 3. With the exception of those categories of employees cited in the Fair Labor Standards Act, 29 U.S.C. δ201 § 201 et seq., or as otherwise provided in this agreement, an appointing authority may exclude meal periods and a maximum of 8 hours hours’ sleep from consideration as work time for employees who are on duty for more than 24 hours. If the employee’s sleep is interrupted for the performance of work so that the employee is unable to sleep continuously for at least 5 hours, the appointing authority shall consider the entire period of sleep, up to a maximum of 8 hours, as work time.

Payment for Overtime. The current practice regarding eligibility for overtime shall be maintained. Employees covered under FLSA, with the approval of the employerEmployer, may elect to take compensatory time, paid at time and one-half, or for weather-related emergencies, double time, in lieu of cash payments for overtime. Employees will inform the employer Employer of their choice of cash overtime or compensatory time before working the overtime. Employees will be allowed to declare their election of compensatory time prior to working overtime but in no case more than on a pay period basis. Opportunities for employees to work overtime will not be affected by their election of cash or compensatory time. Employees can accrue up to 240 hours of compensatory time. Employees who work in a public safety activity, emergency response activity, or seasonal activity, can accrue up to 480 hours of compensatory time. In addition, such employees with the approval of the employer Employer [appointing authority] may request compensatory time in lieu of cash for such holiday work. The Employer may not change the work schedule of an employee who works a standard workweek to avoid the payment of overtime or accrual of compensatory time. For employees who are FLSA covered there will be no time limit during which the employee must use his or her compensatory time. Employees shall not be required to use compensatory time. Use of such compensatory time will be granted in a fair and equitable manner. All unused compensatory time, for all FSLA covered employees, will be paid upon an employee leaving State service or upon death, to the employee’s estate, at a rate, which is the higher of: • The final regular rate received by the employee; or • The final average regular rate received by the employee during the last three years of employment. 1. Work time includes time during which an employee: (a) Is on duty, whether at the employee’s principal job site or at a remote location as part of the State’s Telecommuting Program; (b) Is on paid leave; (c) Participates in training activities as a job assignment; (d) Is on the Employer’s premises and is on call and waiting for work; (e) Is not on the Employer’s premises, but is on call and waiting for work, and the employee’s personal activities are substantially restricted; (f) Is changing into and removing program-specified clothing and equipment necessary for the performance of the job; (g) Participates in activities that are job-related immediately before the beginning or immediately after the end of an assigned shift; (h) Travels to and from work after being recalled to work by the appointing authority or the appointing authority’s designated representative after the employee has completed the standard workday; (i) Travels to and from work after being called to work by the appointing authority or by the appointing authority’s designated representative on the employee’s scheduled day off if the employee works fewer than eight hours as a result of being called on the employee’s scheduled day off; (j) Travels between home and a work site other than the assigned office, in accordance with the Standard Travel Regulations; (k) In accordance with this agreement, investigates and processes a disciplinary appeal or grievance, and participates at any conference or hearing relating to a grievance or appeal; or (l) With prior supervisory approval, uses reasonable time to investigate and process a complaint under State Personnel and Pensions Article, Title 5, Annotated Code of Maryland. 2. Work time includes any other time defined as work time under the Fair Labor Standards Act (FLSA), if applicable. 3. With the exception of those categories of employees cited in the Fair Labor Standards Act, 29 U.S.C. δ201 et seq., or as otherwise provided in this agreement, an appointing authority may exclude meal periods and a maximum of 8 hours sleep from consideration as work time for employees who are on duty for more than 24 hours. If the employee’s sleep is interrupted for the performance of work so that the employee is unable to sleep continuously for at least 5 hours, the appointing authority shall consider the entire period of sleep, up to a maximum of 8 hours, as work time.,