ALTERNATIVE WORK SCHEDULE POLICY (HR2427) 2023-06-28 REDLINED.PDF
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MARICOPA COUNTY INTERNAL POLICY Policy Title: ALTERNATIVE WORK SCHEDULES Policy Number: HR2427 Current Adoption Date: 0609-2819-201823 Current Implementation Date: 0609-2819-201823 Approved by: BOARD OF SUPERVISORS Board Agenda Number: C-31-11-011-6- 023 Original Adoption Date: 10/12/2005 I. PURPOSE To provide a mechanism for the useunder which of alternative work schedules may be used. II. AUTHORITY This Policy is authorized by the Board of Supervisors pursuant to A.R.S.§11-251. III. APPLICATION This pPolicy applies to all Maricopa County appointed departments, as well as the Flood Control District of Maricopa County, and the Maricopa County Library District (Special Districts), and the Stadium District. The Board of Supervisors is authorized to jointly adopt policies applying to the Special Districts under the Intergovernmental Agreement, C-06-18-393-6-00, approved on April 11, 2018. An elected office may follow this Policy for its employees when it does not have a similar policyThis policy also applies to employees of County elected offices unless the elected official has implemented a similar policy specific to his or her office. IV. DEFINITIONS A. Appointing Authority: An elected official, the single administrative or executive head of a department, or the designated representative authorized to act in this capacity. B. Alternative Work Schedule: SAny work schedules that differs from the the standard schedule of 8 hours per day, 5 days per week schedule. Alternative Work Schedule Examples: Four 10-hour days per week, 80 hours in a nine work day workweek (9/80 schedule), and four 9-hour days plus one 4-hour day per week. C. Exempt Employees: Employees who meet any applicable exemption contained in Section 7 and 13 of the FLSA who are not eligible for overtime pay. D.C. Flex Day: The day that an employee on an alternative work schedule has off. E.D. Fair Labor Standards Act (FLSA): The federal law that establishes minimum wage, overtime pay eligibility, recordkeeping, and child labor standards. F.E. Non-Exempt Employees: Employees who are entitled to overtime pay undercovered by the provisions of the FLSA and must be compensated appropriately for overtime hours worked. G.F. Work Schedule: An established sschedule of hours regularly worked by an employee. The Appointing Authoritiesy may adjust schedules from week to week based on business needs. H.G. Workweek: A fixed period of 7 consecutive 24- hour days (total of 168 hours) that is used to determine whether overtime has been worked by a non-exempt employee worked overtime. Each workweek stands alone in determining whether overtime has beenwas worked. MFor most Maricopa County employees, the wWorkweeks begins on Monday at 12:01 am and ends on Sunday at midnight. Policy Title: ALTERNATIVE WORK SCHEDULES Policy Number: HR2427 Current Adoption Date: 069-2819- 201823 Page 2 of 3 V. POLICY Alternative work schedules allow management to cover extended business hours, improve employee retention by supporting work-life balance initiatives, and meet air pollution reduction strategy requirements. Alternative work schedules may be suspended or eliminated at any time based on business need and employees may be required to come in on their scheduled flex day. A. Alternative Work Schedule Examples: Four 10-hour days per week, 80 hours in a nine work day workweek (9/80 schedule), and four 9-hour days plus one 4-hour day per week. A. Alternative work schedules are not required and are established by departments based on business needs. Departments are not required to offer alternative work schedules. B. Departments may suspend or eliminate alternative work schedules at any time, and employees may be required to work on their flex day. B. Care must be taken to ensure that non-exempt employees are properly paid for all hours worked and overtime for any hours they work over 40 in a workweek. There are no legal implications for exempt employees because they are not eligible for overtime. C. Impact of Holidays on Alternative Work Schedules: 1. Subject to business needs, employees are typically may be given another day off (up to 8 hours) during the workweek when a holiday falls on their scheduled days off. 2. Holiday leave is pro-rated based on employees’ standard hours of up to a max of 8 hours. Non-exempt employees who are regularly scheduled to work more than 8 hours on a holiday must make up the additional hours during the workweek in which the holiday falls by: a. Working extra time that is equivalent to their regularly scheduled hours. b. Taking an equivalent amount of paid leave. D. Non-exempt Employees on 9/80 Schedules (80 hours in a nine work day workweek): Each pay period, eEmployees on 9/80 schedules typically work eight 9-hour days and, one 8-hour day, and have one flex day. To avoid overtime: 1. Non-exempt employees on a 9/80s schedule must have a specific workweeks defined that based on their actual daily start and end times. These workweeks will overlap two pay periods and . 2.1. The workweek must begin at 12 PM (Noon)noon on the day that is identified as the flexscheduled day off and will end at 11:59 amAM on the 8-hour day. This is different than the County’s standard workweek that begins on Monday at 12:01 AM and ends on Sunday at midnight. 3.2. The fFlex days must be the same day every pay period except when it falls on a holiday. The fFlex days should not be changed unless the change is intended to be long-term. Switching non-exempt employees regularly scheduled flex days during pay periods without a holiday may result in overtime. Policy Title: ALTERNATIVE WORK SCHEDULES Policy Number: HR2427 Current Adoption Date: 069-2819- 201823 Page 3 of 3 3. The 8-hour day must be the same day of the week as the opposite week’s flex day in the opposite week of the pay period. 4. New work schedules should start the first week of a pay period and be established at least one week before non-exempt employees start working a 9/80 schedule. No overtime will typically occur if employees work their regular eight-hour schedule during that time frame. 4. It is easier to avoid overtime when starting a 9/80 schedule during a pay period that contains a holiday or where the employee was on leave for a portion of the pay period. 5. To establish a new 9/80 schedule and not incur overtime: 1. New work schedules should start the first week of a pay period and should be established at least one week before non-xempt employees actually start working a 9/80 schedule. No overtime will typically be incurred if employees work their regular eight-hour schedule during that time frame. 2. It is easier to avoid overtime when starting a 9/80 schedule during a pay period that contains a holiday or where the employee was on leave for a portion of the pay period. 6.5. Using Leave: Using Leave: Nine hours of leave areshould be recorded used for each regularly scheduled 9-hour day. Examples: Thirty-six hours of leave time is recorded when employees are off for an entire week during which their flex day falls and are regularly scheduled to work four 9-hour days. Forty-four hours of leave time is recorded when employees are off for an entire week during which they are regularly scheduled to work four 9-hour days and one 8-hour day. Responsibilities: 1. Managers and supervisors who have non-exempt employees working a 9/80 schedule must: a. Take required training on how to manage the schedule. b. Sign an agreement that they will manage the schedule correctly. 2. To begin or change a 9/80 schedule, non-exempt employees must sign an agreement containing the established schedule and its requirements. 3. Human Resources has the right to audit the usage of 9/80 schedules. Departments who misuse 9/80 schedules may lose the ability to use them. Revision History Version Revision Date Description of Revision 1 10/12/2005 Initial version approved by County Manager 2 02/09/2011 Updated language (C-31-11-011-6-00) 3 04/13/2011 Updated policy consistent with HRIS conversion to ADP (C-31-11-011-6-01) 4 09/19/2018 Updated policy and clarified the language (C-31-11-011-6-02) 5 06/28/2023 Updated and simplified language (C-31-11-011-6-03)