Overtime and Hours of Work Policy - Idaho

IDAHO STATE TAX COMMISSION ADMINISTRATIVE POLICY MEMORANDUM No. 17-01 (Replaces Administrative Policy Memo No. 13-01, Work Hours, Overtime, Atendance and Leave, dated October 10, 2012)

DATE:

March 1, 2017

SUBJECT:

Work Hours, Overtime, Attendance and Leave

PURPOSE:

To establish consistent standards, expectations and procedures to manage Idaho State Tax Commission (Tax Commission) employees' hours of work, overtime, attendance, and leave that comply with employment and overtime compensation requirements of federal laws, Idaho statute, Rules of the Division of Human Resources and the Fair Labor Standards Act (FLSA).

POLICY:

Work Hours

The workweek for employees of the Tax Commission is 12:01 a.m. Sunday through 12:00 p.m. midnight Saturday.

Employees' traditional work schedule is 8:00 a.m. to 5:00 p.m. Monday through Friday. Management has the discretion to amend employees' regular work schedule in accordance with Tax Commission policies and procedures.

The Tax Commission permits management to approve in advance for full-time employees to vary their schedule, i.e. work a modified work schedule, flex-time, compressed work week, and occasionally work off-site, provided the schedule does not affect productivity and the efficiency of the agency.

Employees are not permitted to volunteer their time with another state agency if they would be performing work similar to their job responsibilities at the Tax Commission.

Overtime

For the purpose of overtime compensation, only hours actually worked will be counted toward the 40 hours of regular paid time. Paid time off for vacation, sick leave, holidays, and eligible paid leave of absence will not be considered as "actual hours worked."

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Employees who are designated as "covered" by the FLSA and work

more than 40 hours in a week and work on a holiday will receive

compensatory time, not paid in cash except as otherwise provided in

this policy, for overtime worked at time and a half of their regular rate

of pay. The division administrator/program manager may approve

overtime for cash compensation in lieu of compensatory time for

"covered" employees. It is the responsibility of supervisors to consult

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Work Hours, Overtime, Attendance and Leave Administrative Policy Memo No, 17-01

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with and communicate this policy to covered employees as a part of each employee's job offer. All FLSA covered employees shall have a written acknowledgment of this policy on file.

Employees who are designated as professional, administrative, and some computer related jobs are "exempt" from the FLSA overtime requirements and will receive compensatory time for hours worked more than 40 hours in a week or work on a holiday. Such compensatory time shall be earned on a one hour for one hour worked basis. Cash compensation in lieu of compensatory time for exempt employees must be preapproved by the Board of Examiners.

Employees who are designated as "executive" as provided in Idaho Code, Section 67-5302 and Section 67-5328(3)(b) are not eligible to receive compensatory time or cash payment for overtime worked.

The Tax Commission retains sole discretion to determine when employees must work overtime. Overtime must be approved in advance by employees' immediate supervisor. All overtime worked must be coded on employees' bi-weekly timesheets and approved by supervisor as actual hours worked before being credited with compensatory time off. Employees working unauthorized overtime hours may result in disciplinary action, up to and including dismissal.

No employee will accrue more than 240 hours of compensatory time. Supervisors are responsible for managing these accruals. Working "off the clock" is prohibited. Employees and their supervisors who permit or engage in working without reporting such time may be subject to disciplinary action, up to and including dismissal.

Attendance

As a condition of employment, the Tax Commission expects its employees to be regular and punctual in attendance by reporting and being ready to work as scheduled.

When an employee is unable to report to work as scheduled, it is the employee's responsibility to notify his/her supervisor within acceptable timelines of her/his scheduled start time, provide a reason for the absence, and an expected return to work time. When an employee requires an unscheduled or emergency absence, or is unable to report to work on time for any reason, the employee must notify his/her supervisor. Patterns and excessive absenteeism, tardiness, or early work departure impacts business results, productivity, workflow, morale and customer service, and may be subjected to disciplinary actions, up to and including dismissal.

Job Abandonment

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Work Hours, Overtime, Attendance and Leave Administrative Policy Memo No, 17-01

Any employee who fails to report to work as scheduled and does not notify his/her supervisor of the reason for not reporting to work for five (5) consecutive work days will be considered a voluntary resignation from employment by the Tax Commission.

The Tax Commission recognizes there may be extenuating circumstances which make it impossible for an employee to contact his/her supervisor regarding the unscheduled and unreported absence and such circumstances will be given consideration.

Work Hour Concerns:

Any employee who believes that a problem exists in regards to hours of work, whether a position is covered or exempt, or any issue related to hours of work and overtime compensation is encouraged to report the issue to their supervisor, bureau chief, division administrator/program manager or Human Resources as soon as possible. The Tax Commission will take prompt action to correct problems identified and communicate the action to the employee. No employee will be subject to retaliation for reporting a wage and hour concern. Management's lack of enforcement does not constitute consent.

COMPLIANCE AND ENFORCEMENT:

Any violation of this policy and the standards reflected in Section 6 of the Personnel Policies and Procedures Manual may lead to disciplinary action, up to and including dismissal from Tax Commission employment.

STANDARDS AND PROCEDURES:

The Tax Commission has adopted and made part of this policy Section 6 of the Personnel Policies and Procedures Manual - Work Hours, Overtime, Attendance, and Leave.

EFFECTIVE:

Immediately

APPROVAL:

Adopted by the Idaho State Tax Commissioners on March 1, 2017.

DISTRIBUTION:

Human Resources will distribute this policy to all employees upon adoption by the Tax Commissioners. The policy will be published on the Tax Insider and included in New Hire Orientation. An electronically signed policy statement acknowledging receipt from each employee will be maintained by Human Resources.

EXPIRATION:

This policy expires on March 1, 2021.

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Work Hours, Overtime, Attendance and Leave Administrative Policy Memo No, 17-01

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