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7500 Workday And Overtime
7500 Workday and Overtime
The length of the school day for licensed and professional staff will be a minimum of seven hours and thirty minutes and will continue until professional responsibilities to the student and school are completed. Administrative meetings, curriculum development, pupil supervision, assigned duties, parent conferences, group or individual planning, and extracurricular activities may require hours beyond the stated minimum. Work schedules for other employees will be defined by the superintendent or designee, consistent with the Fair Labor Standards Act and the provisions of this policy. 
Working hours for all employees not exempted under the Fair Labor Standards Act (FLSA), including secretarial, cafeteria, janitorial and maintenance personnel, will conform to federal and state regulations. The superintendent shall ensure that job positions are classified as exempt or non-exempt and that employees are made aware of such classifications. Supervisors shall make every effort to avoid circumstances that require non-exempt employees to work more than 40 hours each week. For purposes of FLSA Compliance, the workweek for school system employees will be 12:00 a.m. (midnight) Sunday until 11 :59 p.m. the following Saturday. A copy of the FLSA and any administrative procedures established by the superintendent will be available to employees in the human resources office. 
The board of education discourages overtime work by non-exempt employees. No overtime work will be allowed except on an emergency basis. A non-exempt employee may not work overtime without the express prior approval of his or her supervisor. All overtime work must be approved by the superintendent or designee. Employees who intentionally work unauthorized overtime may be subject to disciplinary action. 
All supervisory personnel shall monitor overtime use on a weekly basis and report such use to the superintendent or designee. Principals and supervisors shall monitor employees' work, shall ensure that overtime provisions of this policy and the FLSA are followed and shall ensure that all employees are compensated for any overtime worked. Principals or supervisors may need to adjust daily schedules to prevent non-exempt employees from working more than 40 hours in a workweek. Accurate and complete timesheets of actual hours worked during the workweek must be signed by each employee and submitted to the finance officer or designee. The principal, directors or other supervisors shall review work records of employees on a regular basis to make an assessment of overtime use. 
In lieu of overtime compensation, non-exempt employees may receive compensatory time off at a rate of not less than one and one-half hours for each one hour of overtime worked, if such compensatory time
(1) is agreed to by the employee before the overtime work is performed and
(2) is authorized by the immediate supervisor. Employees must be allowed to use compensatory time within a reasonable period after requesting such use (see policy 7510, Leave of Absence).
Employees may accrue a maximum of 240 compensatory time hours before they must be provided overtime pay at the appropriate rate. Arrangements should be made by the employee and supervisor to take accumulated leave before June 30th each year. In addition, upon leaving the school system, an employee must be paid for any unused compensatory time at the rate of not less than the higher of 
(1) the average regular rate received by the employee during his or her last three years of employment or
(2) the final regular rate received by the employee. Principals, directors or other supervisors are responsible for monitoring their employees' compensatory time and maintaining accurate records.
Non-exempt employees whose workweek is less than 40 hours will be paid at the regular rate of pay for time worked up to 40 hours. Such employees will be provided overtime pay or compensatory time as provided above for working more than 40 hours in a workweek. 
Instructional Assistants who work beyond 37.5 hours weekly up to 40.0 hours weekly as a result of driving a bus will be compensated at an hourly rate equal to the Instructional Assistant's regular salary paid and be paid from the Transportation Budget, as required by NCDPI. Those Instructional Assistants whose work hours exceed 40 hours weekly as a result of driving a bus shall be paid time and a half (based on their Instructional Assistant's salary) from the Transportation Budgetand the overtime will be prorated between codes, as required by NCDPI.
An employee shall be required to use earned compensatory time prior to taking other paid leave where consistent with law and Board policy. When applicable, an employee may use accrued compensatory time while on FMLA leave and both shall run concurrently. 
Employees will be provided a copy of this policy and will be required to sign this policy to acknowledge their understanding of overtime and compensatory time provisions. Such signed policy will constitute the written agreement required in this section. 
All employees are expected to be present during all working hours. Absence without prior approval, chronic absences, habitual tardiness or abuses of designated working hours are all considered neglect of duty and will result in disciplinary action up to and including dismissal. 
All non-exempt employees who are required to work at a shelter site or to restore operations of the school system in the event of a declared disaster are to be compensated at their hourly rate for the first forty (40) documented hours worked at the shelter site or in the immediate clean-up period and at a rate equal to 1.5 times their hourly rate for every documented hour worked over forty (40) hours. Exempt employees, including administrators, assigned by the Superintendent or designee to work a minimum of four (4) documented hours per day during the regular work day (8:00 a.m. - 5:oo p.m.) during the disaster or in the immediate cleanup period shall receive a daily stipend of $100. Additionally, an exempt employee, including administrators, shall be paid their regular hourly rate of pay, calculated in accordance with the North Carolina Department of Public lnstruction's Employee Salary and Benefits Manual, for shelter hours worked beyond the regular workday during the disaster or in the immediate cleanup period, the immediate clean-up period is to be established by the Superintendent or designee based upon the existing disaster conditions.
Legal References:
The Fair Labor Standards Act of 1938, as amended, 29 U.S.C. 201 et seq.; G.S. 11SC-47(18), -288, -307; North Carolina Public School Personnel Employee Salary and Benefits Manual (most current version), North Carolina Department of Public Instruction, Division of School Business
Cross References:
Leave of Absence (policy 7510)
Monday, 09 May 2011
Last Updated:
Tuesday, 12 February 2019