All positions at UNC Asheville are governed by the Fair Labor Standards Act, State of North Carolina law, and UNC System policies to ensure that employees in exempt and nonexempt positions are classified correctly and paid appropriately. The Office of Human Resources is responsible for determining the classification of positions as exempt or nonexempt based on FLSA criteria. The Office of Human Resources, the Payroll Office, and departments are responsible for ensuring that all employees are paid in accordance with federal and state laws.
Employees classified as Subject to the State’s Human Resources Act (SHRA) whose duties and responsibilities are determined by the Office of Human Resources to be “exempt” from the overtime provisions of FLSA are considered FLSA Exempt employees, and may, with supervisor approval, be allowed to accrue compensatory time (“comp time”) for extra hours worked.
Compensatory time for SHRA employees exempt from the overtime provisions of FLSA may only be accrued in accordance with the guidelines established in this policy.
This policy applies to SHRA staff who are exempt from the overtime provisions of the Fair Labor Standards Act.
Unlike hourly-paid (FLSA Nonexempt) employees, FLSA Exempt employees are accountable for their performance outcomes, rather than for the number of hours worked. However, in recognition that occasionally situations may occur when a work unit experiences extraordinary time and effort beyond the employee’s regular work schedule, two options are available to supervisors so that they can provide some work schedule flexibility for SHRA staff who are FLSA Exempt (SHRA FLSA Exempt) during such situations.
Departments must make an election (that will be used consistently within the work unit) as to whether SHRA FLSA Exempt employees will accrue and track comp time, or use professional scheduling to balance work time. The options are:
Option 1 -Track Exempt Comp Time
Neither the FLSA nor State policy requires any form of compensation for hours worked in excess of employees’ regular schedules. However, management may allow SHRA FLSA Exempt employees to track hours worked and accrue time on an hour-for- hour basis for hours worked in excess of 45 hours in a workweek.
a. are recorded on the employee’s monthly leave record in hourly increments
b. are scheduled to be taken with supervisory approval
c. must be taken in whole or half-day increments
d. cannot exceed a maximum accumulation of 80 hours at any one time
e. must be used within twelve months (hours not used are forfeited)
f. are never paid
g. are taken before vacation or bonus leave
Option 2 – Use Professional Scheduling
The university seeks to provide the opportunity for SHRA FLSA Exempt employees to balance their professional and personal commitments. It is understood that a full-time exempt employee will generally work a minimum of 40 hours per week; however, in the scope of an exempt employee’s normal job, work outside the usual schedule is often required. This might include evening meetings, weekends, extended travel, or work hours well beyond 40 in a given week.
In using professional scheduling, exempt employees may (with supervisory approval) come in later than usual, take additional lunch time, or leave work early to provide some balance to work time and personal time without having to take vacation, sick, or bonus leave. While all employees who earn leave must keep records of when they use part of their leave balances, professional scheduling does not require extra record keeping.
Recordkeeping / Leave Records
SHRA FLSA Exempt staff must complete and submit a monthly leave record, recording leave taken during the month in half day or full day increments. If no leave is taken, the monthly leave record should indicate that no leave was taken.
UNC Asheville’s standard work week begins at 12:00:01 a.m. on Monday, and ends at 12:00 p.m. (midnight) on Sunday.
Compensatory time for SHRA Exempt employees may not be transferred to another university or agency. Compensatory time is forfeited when an employee is separated from the University.
The employee’s separation date may not be moved forward in order to allow an employee to use compensatory time.
For questions about this policy, contact the Office of Human Resources at 828.251.6605.