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.
[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.