Md. Code Regs. 17.04.11.02

Current through Register Vol. 51, No. 9, May 3, 2024

Section 17.04.11.02 - Workweek, Overtime, and Compensatory Time

A. Workweek.

(1) The regular workweek consists of 40 hours in a 7-day period.

(2) The regular pay period consists of two regular workweeks. The Comptroller of the Treasury establishes the starting date for the regular pay period, and may establish alternative pay periods as necessary to comply with federal or State law.

(3) The part-time workweek consists of an average of at least 50 percent or more but less than 100 percent of the regular workweek.

(4) The workweek begins on Wednesday and ends on the following Tuesday, both days inclusive. The appointing authority may designate a different 7-day period if the designated workweek is consistent with the federal Fair Labor Standards Act (FLSA), if applicable, and State Personnel and Pensions Article, Annotated Code of Maryland. An appointing authority shall report designations of a different workweek to the Office of Personnel Services and Benefits, Department of Budget and Management.

(5) An appointing authority shall designate the workweek for all positions under the appointing authority's control. The designation of a workweek is effective until the appointing authority changes it.

(6) An appointing authority may designate a regular workweek which consists of fewer than 5 days, which is known as a compressed workweek. A compressed workweek shall be consistent with the Fair Labor Standards Act (FLSA), if applicable. An appointing authority shall report compressed workweek designations to the Office of Personnel Services and Benefits, Department of Budget and Management.

(7) Work in excess of an employee's regular workweek shall be compensated by overtime payments or compensatory time in accordance with State Personnel and Pensions Article, Title 8, Subtitle 3, Annotated Code of Maryland.

B. Work Time.

(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 the appointing authority's designated representative on the employee's scheduled day off if the employee works fewer than 8 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 under COMAR 23.02.01;

(k) With prior supervisory approval, investigates and processes a disciplinary appeal or grievance, and participates at any conference or hearing relating to a grievance or appeal, in accordance with COMAR 17.04.07.07B; 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. § 201 et seq., an appointing authority may exclude meal periods and a maximum of 8 hours sleep from considerations 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 not able 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.

C. Authorization to Work Overtime.

(1) An appointing authority or the appointing authority's designated representative may authorize an employee to work periods of time in excess of the employee's regular workweek, dependent upon workload demands, and shall assure that the authorization is in writing.

(2) The appointing authority shall assure that the original written authorization to work overtime in accordance with §C(1) of this regulation is retained for auditing purposes.

D. Compensatory Time-----Exempt Employees.

(1) Executive, administrative, and professional employees, as defined under the Fair Labor Standards Act (FLSA), whose classifications are not designated by the Secretary to receive overtime payments, are eligible to receive compensatory time under the provisions of State Personnel and Pensions Article, Annotated Code of Maryland.

(2) Except as otherwise provided in State Personnel and Pensions Article, § 8-309(b) and (c), Annotated Code of Maryland, an employee described in §D(1) of this regulation may be authorized to receive compensatory time only after the employee has worked at least 1/2 hour beyond the employee's regular work day. Total compensatory time earned includes the first 1/2 hour plus any time worked after the first 1/2 hour.

(3) Except as otherwise provided in State Personnel and Pensions Article, § 8-309(b) and (c), Annotated Code of Maryland, an employee may be authorized to receive compensatory time for time worked outside the employee's regular workweek, for example, Saturdays, Sundays, holidays, only after the employee has worked in excess of 1/2 hour on the day for which compensatory time is to be received. Total compensatory time earned includes the first 1/2 hour worked on that day plus any time worked after the first 1/2 hour on that day.

(4) Compensatory time for employees in §D(1) of this regulation shall be forfeited if it is not used within 1 year of the date on which it was accrued.

(5) The extent to which an employee may use compensatory time under §D(1), (2), and (3) of this regulation is subject to prior approval by the employee's supervisor.

E. Compensatory Time-----Nonexempt Employees.

(1) The extent to which a Fair Labor Standards Act (FLSA) nonexempt employee may earn compensatory time is governed by State Personnel and Pensions Article, § 8-307, Annotated Code of Maryland, and COMAR 17.04.02.08D.

(2) A supervisor shall permit an employee to use compensatory time if the following conditions exist:

(a) The employee gave the supervisor reasonable notice of the employee's intention to use compensatory time; and

(b) The employee's use of compensatory time does not unduly disrupt the appointing authority's operations.

(3) The employee's request shall be processed in a timely manner with reasonable notice to the employee if the employee's use of compensatory time would unduly disrupt the appointing authority's operations.

F. The amendments to §D(2) and (3) of this regulation shall apply as of July 1, 1998.

Md. Code Regs. 17.04.11.02

Regulation .02 amended effective August 24, 1998 (25:17 Md. R. 1361)