521R-A - Employment/Overtime

  • The standard hours paid per work week for full-time non-exempt employees are identified on each employee’s contract or assignment letter.

    Employees defined as non-exempt include, but are not limited to, administrative and instructional assistants, accompanist, analyst, bus drivers/aides, custodians, interpreter, LPNs, certain maintenance staff, mechanics, parent liaison, specialist, school nutrition workers, security guard and certain technology and media positions.

    For purposes of compliance with the Fair Labor Standards Act, the workweek for employees is 12:00 a.m. Sunday until 11:59 p.m. Saturday.

    Standard work schedules for all non-exempt staff do not include time allotted for meal breaks.

    Working hours are as defined by the Fair Labor Standards Act. Working hours are those “which the employee is required to give his/her employer physical or mental exertion controlled or required by the employer and pursued necessarily or primarily for the benefit of the employer.”

    The Federal Fair Labor Standards Act requires that non-exempt employees record and the employer maintain daily records of actual time worked. All non-exempt employees shall maintain and submit a timesheet to their supervisor on a weekly basis. The supervisor shall review and sign the timesheet weekly and verify its accuracy. Timesheets totaling more than 40 hours worked in a single week shall be sent to the finance department after being signed by the supervisor.

    Substitutes work the same hours as the employee for whom the substitute was called unless otherwise instructed by the appropriate supervisor.

    Frederick County Public Schools discourages extra time and overtime worked by non-exempt employees. All hours worked beyond the employee’s normal work hours must be approved in advance by the employee’s supervisor.

    Principals and supervisors may need to adjust daily schedules to prevent non-exempt employees from working more than 40 hours in a workweek.

    As a condition of employment, employees shall receive compensatory leave for 40 hours or less, unless otherwise authorized by the supervisor for good cause, including, but not limited to the compensatory time unduly disrupting the operation of the school division.
    Employees may receive pay for overtime worked beyond their 40 hours in a regular work week.

    Compensatory time will be credited as follows: 

    For the number of extra hours worked, over the standard hours that result in the total hours worked to be 40 hours or less, compensatory time will be credited as straight, or regular time. Example: A secretary who works 39 hours and the regular work week is 37.5 will receive 1.5 hours of compensatory time.

    Overtime will be paid as follows: 

    For the number of extra hours worked, over the standard hours that result in the total hours worked to be more than 40 hours, overtime pay will be paid at one and-one-half times the hours in excess of 40. Example: The same secretary who works 42 hours will receive pay for 2 hours at 1.5 times their hourly rate and 2.5 hours straight compensatory time. 

    All accumulated compensatory hours shall be scheduled for use at any time with mutual agreement between the employee and supervisor within a 90-day period. The supervisor shall monitor all authorized compensatory time. In addition, upon leaving the school division, an employee will be paid for any unused compensatory time at the rate of not less than the higher of:

    1. the average regular hourly rate received by the employee during his/her last ninety days of employment, or
    2. the final regular rate received by the employee

    If no compensatory time can be scheduled, the excess hours will be compensated by payment at the employee's hourly rate up to a total 40-hour work week and at time and one-half for excess hours over the total 40-hour workweek.

    Overtime pay shall be calculated for “hours worked” in excess of 40 hours per week at one and one-half times the regular hourly rate of the employee as defined by the Fair Labor Standards Act. In calculating overtime pay, hours worked shall:

    1. exclude unpaid leave; annual, personal, and sick leave; holidays; and paid non-work hours; and
    2. include Worker’s Compensation–Leave with Pay–for Worker’s Compensation doctor appointments after the employee’s return to work; and all leave types not specifically excluded.

    Attendance Expectations

    All employees are expected to be present during all work hours. Absence without prior approval, chronic absences, habitual tardiness or abuses of designated working hours are all considered neglect of duty and will result in disciplinary action up to and including dismissal.

    Legal Reference(s):
    Fair Labor Standards Act

    Approved: April 7, 1970
    Amended: September 7, 1976
    Amended: August 1, 1991
    Amended: August 2, 1999
    Amended: August 23, 2001
    Amended: June 22, 2007
    Amended: August 8, 2008
    Amended: July 1, 2009
    Amended: March 7, 2014
    Amended: July 6, 2021