(Approved by USM BOR on April 21, 2017; UMGC President on July 1, 2017; Updated May 26, 2022)
I. PURPOSE AND APPLICABILITY
Ƶ (UMGC) recognizes the importance of a flexible work environment that supports the needs of employees as well as the organization. This policy identifies the parameters for when work must be conducted. This policy applies to all nonexempt, exempt, and overseas staff employees on regular and contingent status and collegiate faculty. Additionally, it provides necessary provisions to record time worked and/or time off taken. Timekeeping is audited on a regular basis by UMGC, USM Internal Audit and Legislative Auditors. Nonexempt staff employees who are included in the representation of the collective bargaining unit are subject to the Memorandum of Understanding (MOU) and applicable UMGC HR Policies; where there is a conflict between the two, the MOU will prevail.
II. WORK SCHEDULE PARAMETERS
A. An employee’s hours and days of employment (“work schedule”) may vary to meet operational demands. Supervisors should also take into consideration, when practical, the employee’s needs when deciding on their work schedule so that both the employee and the business operations are supported. This may include varying or non-traditional work hours, and/or an alternative work schedule in accordance with VII-6.12-GC – UMGC Policy on Alternative Work Schedules for Staff and Faculty Employees and the associated procedures, if applicable. The established work schedule must comply with wage and hour laws, and employees must be provided with reasonable notice of any change to their work schedule as described in the applicable procedures.
B. Stateside Nonexempt Employees
1. Workweek - A full-time commitment requires 40 hours per week.
2. Overtime
a. Nonexempt employees are subject to overtime provisions of Federal and State wage and hour laws. Overtime shall be paid at an overtime premium rate of one and one-half (1.5) times the employee’s regular pay rate for all hours worked over 40 hours per week.
b. Holidays, Vacation, Personal and Sick Time Off and Administrative Leave count as time worked.
c. A department may require nonexempt employees to work overtime. Overtime work should be limited to unusual, essential, or emergency situations, and, when practical, should be fairly distributed every six (6) months as equally as possible among employees within a specific department or unit for which overtime is needed. If a nonexempt employee will be required to work beyond the normal end of the employee’s shift, the supervisor shall give notice of the required overtime work at least four (4) hours in advance of the end of the employee’s shift. If a nonexempt employee will be required to work an additional day(s), the supervisor shall give notice at least one full workday in advance of the additional day(s) to be worked. If, however, circumstances beyond the control of the supervisor arise that make it impossible to provide notice in advance, nonexempt employees are not relieved of the requirement to work overtime.
d. Nonexempt employees shall be paid for all hours worked. All overtime hours require advanced approval from the employee’s department head. Supervisors shall not permit nonexempt employees to work voluntarily beyond 40 hours in a week if overtime has not been approved.
3. Compensatory Time Off for Nonexempt Employees
a. Upon prior approval from the CHRO or designee, department heads may enter a voluntary agreement/understanding with a nonexempt employee that the employee shall receive compensatory time off in lieu of payment for overtime.
b. The employee cannot be required to accept compensatory time off as may be proposed by UMGC, and the department head is not required to approve compensatory time off if requested by the employee.
c. Compensatory time off shall be earned in the same manner as overtime, i.e., time and one-half (1.5) for hours worked in excess of 40 in a workweek.
d. Nonexempt employees on contingent I status are not eligible to request or to be asked to accept Compensatory time in lieu of payment for overtime.
e. Compensatory time off shall not exceed a maximum accumulation of 240 hours at any time; any overtime worked beyond this amount must be compensated as paid overtime.
f. Compensatory time off shall be used in the same calendar year as earned. Any accumulated compensatory time off remaining at the end of the calendar year earned and/or at the time of separation from UMGC employment shall be paid in full.
C. Stateside Exempt and Overseas Staff Employees on Regular and Contingent II Statuses and Collegiate Faculty
1. Exempt employees and collegiate faculty are exempt from overtime provisions of Federal and State wage and hour laws and are expected to work when and as needed, including the hours necessary to complete assignments in a way that satisfies the requirements of the job and needs of the department.
2. A full-time commitment for stateside exempt regular and collegiate faculty employees typically requires a minimum of 80 hours per bi-weekly payroll period.
3. A full-time commitment for overseas regular staff and collegiate faculty employees typically requires a minimum of 40 hours per week. For downrange locations, employees shall not work more than 48 hours per week.
D. Overseas Staff Employees on Contingent I and III Statuses
1. The work schedules for overseas staff employees on contingent I and III statuses are expected to work as determined by the employee’s supervisor and as defined in the employment contract.
2. A full-time commitment for overseas contingent III staff employees typically requires a minimum of 40 hours per week. For downrange locations, employees shall not work more than 48 hours per week.
3. UMGC may require additional work hours to meet its business needs. If UMGC requires work beyond the established work schedule, the supervisor will provide as much notice as possible to the employee.
4. Because contingent I employees are paid hourly, UMGC will compensate a contingent I employee for any additional hours worked when UMGC requires additional work hours beyond the established schedule to meet its business needs.
III. TIMEKEEPING
A. Stateside Nonexempt Employees on Regular and Contingent II Statuses
Consistent with the Fair Labor Standards Act (FLSA), nonexempt employees are required to record actual hours worked. All time off hours must also be recorded. Time entry shall be completed and signed by the end of each pay period.
B. Stateside Exempt and Overseas Staff Employees on Regular, Contingent II, and Contingent III Statuses
Time off hours shall be recorded for these groups via an exception-based timekeeping method that supports the accurate accounting of time off balances. Time off requiring supervisor approval shall be requested in accordance with the applicable policy for the time off type and shall be approved or denied by the supervisor prior to the usage of the time off. Employees are responsible for accurately reporting time off used for each pay period.
C. Stateside Nonexempt, Stateside Exempt, and Overseas Staff Employees on Contingent I Status
Employees on contingent I status are required to record actual hours worked. Time entry shall be completed and approved by the end of each pay period.
IMPLEMENTATION PROCEDURES:
The UMGC President has designated the Chief Human Resources Officer (CHRO) to administer this policy; to develop procedures as necessary to implement this policy; to communicate this policy to the UMGC community; and to post the policy and any applicable procedures on the UMGC website.
Replacement for:
USM BOR VII-6.10 – Policy on Work Schedules for Regular Nonexempt and Exempt Staff Employees
UMGC OS 12.00 – Policy on Work Schedules