ALTERNATIVE WORK SCHEDULE POLICY (HR2427) - REDLINED 09-19-2018.PDF

MARICOPA COUNTY INTERNAL POLICY
Policy Title: Policy Number: HR2427
ALTERNATIVE WORK SCHEDULES Current Adoption Date: 09x-x19-2018xxxx
Current Implementation Date: 09x-x19-xxxx2018
Approved by: Board Agenda Number: C-31-11-011-6-02
BOARD OF SUPERVISORS
Original Adoption Date: 1004/132/201105
I. PURPOSE
The purpose of this policy is to provide athe mechanismprocess under which for developing alternative work
schedules may be usedfor employees. Because of the special requirements and necessary workweek
adjustments, the 9/80 schedule for non-exempt employees is emphasized.
II. AUTHORITY
The This Policy is authorized by the Board of Supervisors pursuant to A.R.S.§11-251.Human Resources
Department is responsible for administering this policy. Departments are required to follow this policy and if
they have questions to direct them to Human Resources Payroll Department, 301 West Jefferson, Suite 220,
Phoenix, AZ 85003. Phone 602-506-3519. Copies of the Memo of Understanding (See Attachments A and B)
and any needed schedule changed must be submitted to the Human Resources Department at least two (2)
pay periods before the schedule shall be implemented.
III. APPLICATION
This policy applies to all Maricopa County appointed departments as well as the Flood Control District, the Library
District, and the Stadium DistrictThis policy applies to all County Departments, Elected Officials and Special
Districts. 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 is differsent from the standard schedule of 8 hours
per day, 5 days per week five 8-hour days in a seven-day workweek. Examples are four 10-hour days
per week, four 9-hour days plus one 4-hour day per week, and 80 hours in nine worked days in a two-
week period (also called the 9/80 schedule).
C. Calendar Week: The seven-day week of Monday through Sunday.
D.C. Exempt Employees: Employees who meet any applicable exemption contained in Section 7 and
13 of the FLSA who are not eligible for overtime payAn employee whose duties and responsibilities are
such that the employer is not required to pay overtime by the FLSA.
E.D. Flex Day: OnT a 9/80 schedule, the day that anthe employee on an alternative work is scheduled
has offto be off every other week.
F.E. Fair Labor Standards Act (FLSA): The federal law that establishes minimum wage, overtime pay
eligibility, recordkeeping, and child labor standardsFLSA: Fair Labor Standards Act.

Policy Title: Policy Number: HR2427
ALTERNATIVE WORK SCHEDULES 09xx-xx19-
Current Adoption Date:
xxxx2018
G.F. Non-Exempt Employees: Employees who are covered by the provisions of the FLSA and must be
compensated appropriately for overtime hours workedAn employee who must be paid time and one-half for
any hours worked over 40 in his/her workweek.
H. Short Day: The eight-hour day of the 9/80 schedule which, as established by this policy, is the same
day of the week as the flex day in the opposite week of the pay period.
I. Split Day: The flex day and the short day. On a 9/80 schedule those two days are split between two
workweeks.
J.G. Work Schedule: An establishedThe schedule of hours regularly worked by that an employee is
actually expected to work. The Appointing Authority may adjust schedules may change from week to week
based on business needs, and can be whatever combination of hours that the employer needs or requires
the employee to work.
K.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 midnightA seven-day (168 consecuitve hours)
period that is established to calculate overtime, and does not change from week to week. It can parallel
the calendar week, but it does not have to. It can start at any time of the day, on any day of the week, and
potentially be different for every employee. However, once established for an employee, it is intended to
be permanent. Maricopa County’s default workweek is Monday 12:01 AM through Sunday 12 midnight.
VI.
VII.V. POLICY
A. Alternative work schedules are a common tool used by management to meet various business needs.
Alternative work schedules allowprovide a mechanism for management to extend business hours, cover
extended businessextended business hours with the same number of staff, 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.
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.Departments are encouraged to be
flexible in the development of schedules for their employees, but once a schedule is developed it should
be as closely adhered to as possible.
B. Alternative work schedules are established by departments based on business needs. Departments are
not required to offer alternative work schedules.
B.C. Care must be taken to ensure that non-exempt employees are properly paid for all hours worked
and overtime for any hours.The legal implications are simply to pay time and one-half for any hours theya
non-exempt employee works over 40 in athe workweek. There are no legal implications for exmeptexempt
employees because they are not eligible for overtime.
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Policy Title: Policy Number: HR2427
ALTERNATIVE WORK SCHEDULES 09xx-xx19-
Current Adoption Date:
xxxx2018
There are a variety of schedule options besides the traditional five 8-hour days in a seven-day workweek.
The most common are four 10-hour days per week, four 9- hour days plus one 4-hour day per week, and
80 hours in nine worked days in a two-week period (also called the 9/80 schedule). Most alternative
schedules involve variations of hours within a calendar week. The legal implications are simply to pay
time and one-half for any hours a non-exempt employee works ove 40 in the workweek. There are no
legal implications for exmept employees because they are not eligible for overtime.
The challenge in developing a 9/80 schedule for non-exempt employees that complies with the FLSA results
from the special requirements and workweek adjustments that are necessary. In order to properly apply the
schedule, each employee must have a new workweek defined for overtime purposes, based on the actual daily
starting and ending times of the employee's schedule. A scheduled day off must be identified, and this day off
must then be the same day every pay period, except when a flex day falls on a scheduled Holiday (see Section
V). The new workweek must begin at 12 PM (Noon) the day that is identified as the scheduled day off. Every
other week, that workweek will overlap two pay periods, complicating the identification, calculation and payment
of any overtime that might have been worked. Although it is an 80-hour schedule, the employee will still earn
overtime for all hours exceeding 40 in a workweek.
PROCEDURES
I.D. Impact of Holidays onRequirements for Alternative Work Schedules for Non-exempt Employees:
1. Subject to business needs, employees are typically given another day off (up to 8 hours) during the
workweek whenIf a holiday falls on an theiremployee's scheduled days off, the employee will be given
another day off during the workweek, usually the day before or after the holiday.
2. HThe holiday leave is pro-rated based on employees’ standard hours up to always ana max of eight-
8 hours day. Non-exempt employees who are If the employee is regularly scheduled to work more
than 8 hours on a holiday must makethat day, the additional time must be made up the additional
hours during the workweek in which the holiday falls . This can be done by:
1.
b.a. Working extra time that is equivalent to their additional regularly scheduled hours. on another
day(s), or
c.b. Taking an equivalent amount of paid leave.
In the example of an employee scheduled for four (4) 9-hour days and one (1) 4-hour day each
week and the holiday falls on the 4 hour day, 4 hours should be reduced from the rest of the
workweek. This could be done several ways such as reducing 1 hour each day or 4 hours on one
day.
L.E. Special Requirements for a 9/80 Schedule for 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.
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Policy Title: Policy Number: HR2427
ALTERNATIVE WORK SCHEDULES 09xx-xx19-
Current Adoption Date:
xxxx2018
.
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.
1.4. The 8-hour day (Short Day) must be the same day of the week as the "flex day" in the opposite week
of the pay period.
The workweek will cut off at 12 PM (Noon) on the 8-hour day (Short Day).Therefore, overtime will
most likely be incurred if the employee works more than four (4) hours before Noon and more than
four (4) hours after Noon on the 8-hour day (Short Day).
When considering the usage of the 9/80 schedule for non-exempt employees, Departments may want
to consider other, more easily managed, alternative schedules first.
Altering the work week to accommodate the 9/80 schedule must be a permanent change in the
schedule. That does not mean that the schedule can never be changed again. If after a period of
time the schedule doesn't work for some reason, it can then be revised; however the new change
should again have the intent to be permanent and will require a new MOU as defined in Section IV
above.
The work schedule must be started during the first week of a pay period. The standard County
workweek for calculating overtime is the same as thecalendar week. It begins on Monday at 12:01
AM and ends on Sunday at midnight every week. When a non-exempt employee goes on a 9/80
schedule, the workweek is changed and begins every week at 12 PM (Noon) the day on which the
employee's flex and 8-hour days (Short Days) fall. This is the period that will be used to calculate
whether overtime is worked. The workweek will no longer be the same as the calendar week.Once
the flex day is established, it cannot be changed unless the change is intended to be permanent.
A non-exempt employee cannot "switch" or "trade" the regularly scheduled flex day to avoid incurring
overtime.
The new workweek overlaps two pay periods. The flex schedule rules written into the County's time &
labor system will automatically calculate overtime properly so long as the correct Pay Codes and
time worked are entered on the 8-hour day (Short Day).
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Policy Title: Policy Number: HR2427
ALTERNATIVE WORK SCHEDULES 09xx-xx19-
Current Adoption Date:
xxxx2018
Time is reported to Payroll based on the regular two-week pay period.
Overtime will be paid in the pay period in which it is actually worked.
To establish a new 9/80 schedule and not incur overtime:
1. New work schedules should start the first week of a pay period andThe new workweek should be
established at least one week before thenon-exempt employees actually starts working thea 9/80
schedule. No overtime will typically be incurred iIf the employees works theirhis/her regular eight-hour
schedule during that time frame, the special procedure that is required by the FLSA will be met.
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.
Examples: Thirty-six hours of leave time is recorded whenIf the employee takes paid leave on a
regularly scheduled nine-hour day, nine hours of leave must be recorded. As an example, if the
employees isare off for anwork for the entire week during which their flex day falls, and are regularlyis
scheduled to workfor four nine9-hour days that week, then thirty-six hours of leave time is recorded.
Forty-four hours of leave time is recorded when If the employees areis off for an entire week during
which they , and isare regularly scheduled to work four nine9-hour days and onean eight8-hour day
that week, then forty-four hours of leave time is recorded.
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. Every department manager or supervisor who has non-exempt employees working a 9/80
schedule must sSign an agreement Memo of Understanding that theyhe or she willis responsible
for manageing the schedule correctly (See Attachment A and B).
2. ending a copy of the fully executed Memo of Understanding to the Human Resources
Department at least two (2) pay periods before the schedule shall be implemented.
3. The department manager or supervisor is responsible for sTo begin or change a 9/80
schedule, non-exempt Any department manager or supervisor who has non-exempt
employees working the 9/80 schedule must take required training on how to manage the
schedule.
5.2. Eemployees must sign an agreement containing the established schedule and its requirements.
6.3. Human Resources has the right to audit the usage of 9/80 schedules. Departments who -Employee
Information Services Division and Employee Compensation Auditing Responsibilitiesmisuse 9/80
schedules may lose the ability to use them.
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Policy Title: Policy Number: HR2427
ALTERNATIVE WORK SCHEDULES 09xx-xx19-
Current Adoption Date:
xxxx2018
a.
If a holiday falls on an employee's flex day, the employee will be given another day off during the
pay period, usually the day before or after the holiday.
The holiday is always an eight-hour day. If the holiday does not fall during the same workweek as
the employee's regularly scheduled eight-hour day, an hour must be made up during the holiday
workweek. This can be done by:
Working an extra hour on one day in the same workweek,
Working an extra half hour on two days in the same workweek, or
Taking an hour of paid leave.
Authorities and Responsibilities
Department Managers and Supervisors:
:
Every non-exempt employee who is working a 9/80 schedule must sign a Memo of Understanding (see
Attachments A and B) containing theestablished schedule and its requirements. (This is a requirement that must
be in place as documentation that the schedule was established properly whenever a non-exempt employee is
working a 9/80 schedule.)
.Random audits will be conducted to validate proper usage of the 9/80 schedule. Poor management or misuse of
the 9/80 schedule will result in the entire department's loss of the privilege of using the schedule.
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)
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