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Download PDF Packet - Agenda

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equest. A “reasonable period” will be that defined by federal law. See 29 CFR<br />

§553.25. Subsection 553.25, 29CFR, and other authority defines "reasonable<br />

period".<br />

5. Disposition of Compensatory Time for Employees Promoted From a Nonexempt<br />

to an Exempt Position: An employee who is promoted to an exempt position<br />

from a non-exempt position shall be paid all accrued overtime or comp time on the<br />

next payroll following the promotion.<br />

6. Department Review of Compensatory Time Accruals: Each department head<br />

is herein requested to review (as necessary) the accrued compensatory time of each<br />

employee in his/her respective department and insure that subject employees are<br />

authorized to take (off from work) the necessary amounts of comp time to avert<br />

forced cash payments for the same. Forced cash payments will occur at the end of<br />

each month wherein a non-exempt employee exceeds the maximum number of hours<br />

allowed for accrual by law as cited herein.<br />

b. Exempt Employees and Administrative Leave: Employees classified as "Exempt"<br />

should meet the criteria established by 29 CFR, Part Section 541, and applicable case law<br />

interpretations. Exempt employees are compensated on a salary basis. They are not paid<br />

overtime and do not accumulate compensatory time. They are eligible for all other benefits.<br />

Exempt employees may utilize earned paid leave or administrative leave for absences. If<br />

leave is not used or is exhausted, the employee's pay may be reduced. Exempt law<br />

enforcement and exempt non-law enforcement employees are expected to work as necessary<br />

to get the job done. It is recognized that under certain circumstances, some exempt<br />

employees may be required to work for inordinately long periods. In such case, department<br />

heads may grant paid administrative leave for not more than eight (8) hours in any one week<br />

period. In no case (without prior approval from the Commissioners Court) shall<br />

administrative leave in excess of eight (8) hours in any one week period, be granted to any<br />

exempt employee. Department Heads should, for information purposes, keep a record of<br />

time worked and absences of exempt employees.<br />

c. Elected Officials: County Elected Officials receive annual salaries as determined by<br />

the Commissioners Court or state law. These elected officials are not eligible to receive any<br />

payment of accrued sick leave or vacation upon termination or retirement from the county.<br />

They are not eligible for longevity pay. They are eligible for workers compensation benefits<br />

if injured in the course of employment.<br />

3.25 Final Pay For Departing Employees: At the time of departure from county employment, the<br />

departing employee's benefits and time accruals will be balanced and paid off. If an employee leaves<br />

on a month wherein the monthly pay allocation for that month exceeds the number of hours worked,<br />

the balance will be adjusted so the county pays only for the hours actually worked and benefits<br />

actually accrued up to the point of termination. Pay-off for accrued vacation is limited to 96 hours<br />

for non-law enforcement, and 102 hours for law enforcement personnel. Remaining sick leave<br />

balances, at the rate of one-half (1/2) the accrued time and not to exceed 240 hours, will be paid only<br />

to employees eligible for retirement under the Texas County and District Retirement System<br />

(exclusive of elected officials). All other employees’ sick leave balances will be adjusted to zero at<br />

the time of departure, as stated in paragraph 4.27. Pay-offs for compensatory time will be computed<br />

in accordance with the provisions of paragraph 3.24 above.<br />

__________________________________<br />

Nueces County Civil Service Commission Page -28-<br />

Rules and Regulations [Adopted on ___________]

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