[Amended 3-12-2013 by Ord. No. 07-13]
The Board of County Commissioners pays overtime in accordance with the requirements of state and federal law. In some instances, the Board of County Commissioners pays overtime not required by state or federal law as specified herein. Either overtime pay or compensatory leave may be provided by the department head.
Employees defined as executive, administrative, or professional in accordance with federal law are ineligible for the payment or receipt of overtime and compensatory leave, except as noted in § 86-3-204D.
It is the policy of the Board of County Commissioners to restrict authorization of work that would result in overtime pay or compensatory leave to emergency situations or situations involving a temporary increase in the quantity of work such that the work cannot be performed during regularly scheduled work hours. A department head must preauthorize all work that would result in the Board of County Commissioners' obligation to pay overtime or compensatory leave. Department heads are required to give notice to the County Administrator of all such authorizations before the work is performed. The supervisor may adjust the regular work schedule of any employee such that an employee does not actually work in excess of his/her regularly scheduled number of hours in any one workday or workweek. The County Administrator may implement policies and procedures to manage the accrual of overtime pay and/or compensatory leave and the reduction of overtime pay and/or compensatory leave in accordance with this Article II.
A. 
Nonexempt full-time employees shall receive overtime compensation or compensatory leave at the rate of 1 1/2 times their regular hourly rate, including shift premiums, if applicable, for all hours worked in excess of their regular daily schedule, unless another schedule is elected.
B. 
Nonexempt part-time, hourly, seasonal and temporary employees shall receive overtime compensation or compensatory leave at the rate of one times their regular hourly rate for each hour worked in excess of their regular schedule for that day, up to 40 hours in any one workweek, unless another schedule is elected.
C. 
Nonexempt part-time, hourly, seasonal and temporary employees shall receive overtime compensation or compensatory leave at the rate of 1 1/2 times their regular hourly rate, including shift premiums, if applicable, for all hours worked in excess of the statutory maximum of 40 hours in any one workweek, unless another schedule is elected.
D. 
Exempt full-time, part-time, seasonal and temporary employees may earn compensatory leave at the rate of one hour for each hour worked in excess of their regular schedule for that day, for emergency situations as determined in accordance with § 86-3-203, unless another schedule is elected by the department head.
E. 
For partially exempt public safety employees, the department head may establish an extended work period not to exceed 171 hours in any twenty-eight-day period. If so established, such employees may receive overtime compensation or compensatory leave at the rate of 1 1/2 times their regular hourly rate, including shift premiums, if applicable, for hours worked in excess of 171 in the extended work period.
F. 
Paid leave time shall be counted as hours worked for purposes of calculating entitlement to paid overtime or compensatory leave.
[Amended 10-20-2020 by Ord. No. 43-20; 8-9-2021 by Ord. No. 34-21]
A. 
According to federal law, other than partially exempt Public Safety and seasonal employees, nonexempt employees may accrue up to 240 hours of compensatory leave for hours worked. Partially exempt Public Safety and seasonal employees may accrue up to 480 hours of compensatory leave for hours worked.
B. 
Exempt employees may accrue up to 240 hours of compensatory leave for hours worked. The County Administrator may limit this accrual to less than 240 hours.
C. 
Employees shall be permitted to use accrued compensatory leave after making a request, provided that the requested use shall not unduly disrupt the operations of the County and the affected departmental unit(s). Except as otherwise provided herein, compensatory leave must be used within 12 months. When compensatory leave is accrued related to and during a local state of emergency that was declared by the Board of County Commissioners of Calvert County and longer than 10 months in duration, such leave must be used within six months of the end of the local state of emergency, but may not be compensated at separation. Employees shall use compensatory leave before other leave or may be scheduled off to reduce compensatory leave balances.
D. 
Upon termination, an employee shall be paid for unused compensatory leave at the average regular rate during the last three years of employment, or the employee's final rate, whichever is higher.
County employees may not perform volunteer services for the County (including any of its constituent agencies) of the same type they are regularly employed to perform.
[Amended 8-25-2015 by Ord. No. 35-15]
Full-time County employees shall be ineligible for selection to work a second County job. Part-time, hourly, and seasonal County employees may be eligible for selection to work additional County jobs, provided the total hours worked do not normally exceed 40 per week. They shall be compensated for the additional job in accordance with the applicable wage rates for that job. Hours worked in additional jobs within County employment shall be counted for purposes of calculating overtime payable to the employee in the designated work week. Overtime, if any, shall be paid at 1 1/2 times the regular rate of the job where overtime is worked. Hours from each job shall not be combined to establish eligibility for leave or benefits, except as noted in this section, or to increase leave and/or benefit accrual rates. Effective January 1, 2015, hours from each job shall be combined as required by the Affordable Care Act (ACA) to establish eligibility for health insurance.
Nonexempt employees who are called in to work from off-duty to respond to an emergency (as determined by the department and approved by the County Administrator) shall be compensated for a minimum of two hours, inclusive of travel time to and from the emergency site. Except as specified below, nonexempt employees shall be paid at the rate of 1 1/2 times their regular hourly rate, and exempt employees shall receive straight-time compensatory leave. When the difference between the time of commencement of the call-in and the beginning of the employee's next scheduled work hours is less than two hours, the employee shall be paid only for the difference. At the beginning of the scheduled hours, the regular hourly rate shall apply. Employees shall be eligible to receive call-in pay only once during a twenty-four-hour period.
There shall be no compounding of overtime, leave, holiday and other payments unless otherwise specified. Only one rate, the highest, shall apply.
The Board of County Commissioners may, from time to time, amend this policy in any manner not inconsistent with law. County documents or resolutions which conflict with this policy are hereby repealed to the extent of such conflict.