ALTERNATIVE WORK SCHEDULE POLICY - HR2427 09-19-2018.PDF
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MARICOPA COUNTY INTERNAL POLICY Policy Title: Policy Number: HR2427 ALTERNATIVE WORK SCHEDULES Current Adoption Date: 09-19-2018 Current Implementation Date: 09-19-2018 Approved by: Board Agenda Number: C-31-11-011-6-02 BOARD OF SUPERVISORS Original Adoption Date: 10/12/2005 I. PURPOSE To provide a mechanism under which 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 policy applies to all Maricopa County appointed departments as well as the Flood Control District, the Library District, and the Stadium District. This 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: Any work schedule that differs from the standard schedule of 8 hours per day, 5 days 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. Flex Day: The day that an employee on an alternative work schedule has off. E. Fair Labor Standards Act (FLSA): The federal law that establishes minimum wage, overtime pay eligibility, recordkeeping, and child labor standards. F. Non-Exempt Employees: Employees who are covered by the provisions of the FLSA and must be compensated appropriately for overtime hours worked. G. Work Schedule: An established schedule of hours regularly worked by an employee. The Appointing Authority may adjust schedules from week to week based on business needs. H. 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. Each workweek stands alone in determining whether overtime has been worked. For most Maricopa County employees, the workweek begins on Monday at 12:01 am and ends on Sunday at midnight. V. POLICY A. 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. Policy Title: Policy Number: HR2427 ALTERNATIVE WORK SCHEDULES Current Adoption Date: 09-19-2018 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. B. Alternative work schedules are established by departments based on business needs. Departments are not required to offer alternative work schedules. C. 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. D. Impact of Holidays on Alternative Work Schedules: 1. Subject to business needs, employees are typically 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 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. E. Non-exempt Employees on 9/80 Schedules (80 hours in a nine work day workweek): Each pay period, employees on 9/80 schedules typically work eight 9-hour days, one 8-hour day, and have one flex day. To avoid overtime: 1. Non-exempt employees on a 9/80 schedule must have a specific workweek defined based on their actual daily start and end times. These workweeks will overlap two pay periods. 2. The workweek must begin at 12 PM (Noon) the day that is identified as the scheduled day off and will end at 11:59 AM 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. The flex day must be the same day every pay period except when it falls on a holiday. The flex day 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. 4. The 8-hour day must be the same day of the week as the flex day in the opposite week of the pay period. 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-exempt 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. Using Leave: 1. Nine hours of leave should be recorded for each regularly scheduled 9-hour day. Page 2 of 3 Policy Title: Policy Number: HR2427 ALTERNATIVE WORK SCHEDULES Current Adoption Date: 09-19-2018 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) Page 3 of 3