POLICY 06:13:01

IMPLEMENTATION OF 37.5 HOUR WORK WEEK

Please refer to Tennessee Board of Regents Guideline P-020

Purpose

Effective January 1, 1982, the Office of the Tennessee Board of Regents and Pellissippi State
Community College established a regular 37.5 hour workweek. The Board’s general personnel
policy (no. 5:01:00:00) and leave policy (no. 5:01:01:00) were revised to incorporate the 37.5-
hour workweek. This guideline supplements Board policy and provides procedures for
implementing the workweek at Pellissippi State Community College.

Policy/Guideline

Application and Scope
1. All employees of the Tennessee Board of Regents and Pellissippi State Community
  College who are considered to be full-time shall work a minimum of 37.5 hours per week
  throughout the year.
  1. This work schedule shall include a one hour lunch/meal break and shall
    recognize the existence of up to two fifteen minute miscellaneous breaks during
    each work day as work flow permits.
  2. For purposes of calculating the hours worked each week, lunch/meal breaks
    shall not be counted as “time worked” but miscellaneous breaks shall be counted.
  3. Specific college office hours shall remain at the discretion of the president.
2. It is recognized that, due to the nature of some work, certain jobs do not lend
  themselves to a 37.5-hour workweek schedule. In these instances, as determined by the
  president, exceptions to the above paragraph are permissible. Initially, the Chancellor
  should be notified in writing as to the particular job groups in question, the nature of the
  work that necessitates the exception, a description of the exception, and the approximate
  number of affected employees.
3. The official work day will be 7.5 hours; and therefore, all attendance records, time
  sheets, leave records, payroll documents and other recordkeeping instruments shall be
  kept only in hours and tenths of hours reflecting the actual hours worked each day and
  week. In most cases, these should indicate 7.5 hours per day and 37.5 hours per week.
  Other documents, such as employee recruiting materials, orientation sessions, and
  comparative salary studies, should reflect this workweek.
  1. The following schedule of tenths of hours shall be followed in the documenting
    of time worked per day:
    1. .1 hour 1 – 6 minutes
    2. .2 hours 7 – 12 minutes
    3. .3 hours 13 – 18 minutes
    4. .4 hours 19 – 24 minutes
    5. .5 hours 25 – 30 minutes
    6. .6 hours 31 – 36 minutes
    7. .7 hours 37 – 42 minutes
    8. .8 hours 43 – 48 minutes
    9. .9 hours 49 – 54 minutes
    10. 1.0 hours 55 – 60 minutes
Compensation and Overtime Pay
1. Pursuant to the establishment of the 37.5-hour workweek, there is established a 7.5-
  hour normal workday and a 5 day workweek, providing that exceptions are permissible.
  1. The normal fiscal work year shall be 1,950 hours.
    1. For those institutions governed by the Tennessee Board of Regents
      working greater than a 37.5-hour workweek prior to January 1, 1982,
      monthly compensation remained unchanged when the workweek was
      reduced, but an increase in hourly rates occurred.
    2. The college has revised its salary/wage schedule for clerical and support
      positions such that the increase hourly rate was reflected.
  2. Compensatory time and overtime payments are available to non-exempt
    employees only.
    1. Compensatory time shall be accrued and used in lieu of cash overtime
      pay, unless the college determines otherwise, (or the Fair Labor Standards
      Act requires cash payment because the employee has accumulated the
      maximum number of compensatory time hours).
    2. Both compensatory time and overtime pay will be granted at straight
      time for hours worked up to 40 in a workweek and at time and one-half for
      any hours in excess of 40 in a workweek.
    3. Accrued time worked shall include hours actually worked and holiday
      hours. Any hours other than holiday hours and work hours are excluded
      from overtime compensation.
  3. In accordance with T.C.A. § 8-50-801, when an employee requests annual
    leave and compensatory time is available, the compensatory time shall be used
    first, unless the accumulated annual leave balance at the beginning of the pay
    period is within two (2) days of the maximum accrual rate for the employee.
    1. When an employee is within two (2) days of the maximum, annual
      leave may be used throughout the pay period.
    2. Any employee whose annual leave balance is not within the two (2) day
      maximum at the beginning of the pay period must use compensatory time
      during the entire pay period.
    3. Otherwise, the college will honor an employee’s request for
      compensatory time off unless it would be unduly disruptive to the
      college’s operations.
  4. When cash payment is made for overtime, it shall be calculated at the rate
    earned by the employee at the time of the payment.
  5. When meals and/or lodging are provided as part of the base pay, then the value
    of such must be included in determining the hourly overtime rate.
    a. However, where cash payment is made upon termination, the employee
    shall be paid for accrued compensatory time at the higher of the following:
    (1) The average regular rate received by the employee during the
    last 3 years of employment;
    (2) The final regular rate received by the employee.
  6. Information must be provided to every non-exempt employee explaining the
    overtime provisions of the Fair Labor Standards Act (FLSA), and their rights and
    obligations under those provisions. (See Attachment A.)
  7. Exempt employees will be paid on a salary basis.
    1. Exempt employees must be paid a set amount of money that does not
      change each week regardless of the quantity or quality of work performed.
    2. Intermittent leave under the Family Medical Leave Act does not defeat
      the salary basis of an exempt employee pursuant to 29 C.F.R. Sec.
      541.602 (b) (7).
Unpaid Disciplinary Suspensions for Violation of Workplace Conduct Rules
1. Pursuant to 29 C.F.R. Sec. 541.602(b)(5), deductions for full day disciplinary
  suspensions for violation of workplace conduct rules are permissible if:
  1. The employee does no work for a full day;
  2. Deductions are in full day increments;
  3. Such deductions are carried out pursuant to a written policy that is applied
    uniformly to all employees;
  4. The suspension is imposed in good faith.
  5. Prior to imposing this action, the college must provide in its written policies for this
    disciplinary option. Such suspensions must be for serious conduct violations only, and
    not for performance issues.
    1. For instance, an employee may be placed on an unpaid suspension for violation
    of the sexual harassment or workplace violence policy.
    2. If the employee performs any work during the suspension period, such as
    responds to phone calls from the office regarding work, or reads and responds to
    work-related emails, etc., no deductions may be taken for those days.
2. If the college does not have such a uniformly applied written policy, it may suspend an
  exempt employee for part of a week with pay, or suspend the employee for an entire
  workweek without pay.
  1. “Workweek” means the standard workweek, not just seven consecutive days.
3. With or without such a policy, any employee suspended without pay is entitled to the
  opportunity for a college hearing or a hearing held pursuant to the Tennessee Uniform
  Administrative Procedures Act.
Improper Deductions from Pay
1. Improper deductions from an employee’s pay are prohibited. Therefore, the college
  must include similar prohibitions within its policies.
2. An exempt employee who believes an improper deduction has been made from their
  pay may file a complaint by notifying the Executive Director of Human Resources in
  writing, stating the amount of the alleged improper deduction, if possible, and the basis
  for believing the deduction to have been made improperly.
  1. If, after a review of the appropriate records, it is determined that there was an
    improper deduction, the college shall reimburse the employee in the appropriate
    amount.
Leave
1. The accrual of annual leave shall be recorded in hours and tenths of hours according to
  the following schedule for regular clerical and support personnel who work full-time.
2. Annual leave hours accumulated in excess of the maximum accumulation carried
  forward will be transferred to sick leave on July 1 each year.
3. Regular full-time executive, administrative and professional personnel, and twelvemonth academic personnel shall accrue annual leave at a rate of 15 hours per month or
  180 hours per year.
  1. The maximum total accumulation within the fiscal year is 495 hours, and the
    maximum accumulation that can be carried forward to the next fiscal year shall be
    315 hours.
4. The accrual of sick leave will also be recorded in hours and tenths of hours. All
  regular full-time employees shall accrue 7.5 hours of sick leave per month, with no
  maximum accumulation level.
5. The college shall account for and report leave usage in units of hours and tenths of
  hours according to the schedule under I. Application and Scope.
  1. Leave balances on record for individual employees as of December 31, 1981,
    were converted to hours and tenths of hours and were carried forward upon
    implementation of the 37.5-hour workweek on January 1, 1982. They were not
    reduced to reflect the lower accrual rates or maximum accumulation limits.
  2. The conversion to a 37.5-hour workweek did not affect various other leaves,
    such as maternity, military, and civil leave.
Benefits
1. Retirement
  1. All regular employees are, in accordance with the TBR Board policy on
    retirement (no. 5:01:03:00) and PSCC policy on retirement (no. 06:08:00) eligible
    for retirement.
2. Insurance
  1. In order to be eligible for membership in the State of Tennessee Group Plan a
    regular employee must work a minimum of 30 hours per week.
    a. This criterion did not change as a result of the 37.5-hour.
3. Longevity
  1. The 37.5 hour workweek does not affect longevity payments, anniversary dates
    or computations.
MODFY Appointments
1. The basis of a MODFY appointment is the existence of a full-time position for less
  than twelve months per year. Here, as in all Board and College policy, full-time is
  determined by number of hours worked per week, not months served per year. Therefore,
  the implementation of the 37.5-hour work week has no impact on MODFY appointments,
  other than to reduce the hours worked to 37.5 per week.
  1. All Academic Employees
    1. In conjunction with the Board’s general personnel policy (no.
      5:01:00:00) and the college’s general personnel policy (no. 06:01:00), the
      specifications for the full-time workweek hours apply to all employees,
      including faculty.
    2. The definition of “full-time teaching load” has not been altered as a
      result of the 37.5-hour workweek.
    3. Faculty office hours will continue to be determined by the president or
      designee.
    4. Where professional librarians maintain a standard workweek
      comparable to administrative employees, their work schedule should
      reflect 37.5-hours per week if they are to be considered full-time.
Exceptions
1. Exceptions to any of the procedural guidelines above must receive advanced approval from
  the Chancellor.
  Attachment A
  1. Rights and Responsibilities of Employees Under the Overtime Provisions of the
    Fair Labor Standards Act (FLSA)
    1. Any hours worked between 37.5 and 40 in a workweek must be compensated
      at additional straight time (either by pay or compensatory time as determined by
      the supervisor.
    2. Any hours worked beyond 40 in a workweek must be compensated at time and
      one-half (either by pay or compensatory time (“comp time”) as determined by the
      supervisor.
    3. The value of meals or lodging received must be added to an employee’s
      regular hourly rate to determine an overtime rate of pay.
    4. There should be specific permission requested and authorized each time from
      your supervisor before beginning work early (i.e., 7:45) or working late or during
      lunch. Any time worked beyond 7.5 hours per day, even if it is “just to finish up”
      must be paid as overtime.
    5. Time cannot be volunteered. A non-exempt employee must receive pay or
      comp time for all hours worked.
    6. A supervisor is in violation of the law if a non-exempt employee is permitted to
      work extra time without compensation.
    7. The FLSA states that an employee does not have the right to refuse overtime.
    8. A supervisor has the right to schedule comp time instead of paying overtime. If
      this is done within the same workweek, it is given off at equal time. If comp time
      is given off within the pay period, though not within the same workweek, it is at
      time and one-half.
    9. In determining whether to pay extra hours at straight time or overtime, time actually
      worked plus holiday hours are counted. Examples are shown below:
      1. M T W T F S
        7.5 7.5 7.5 7.5 2.5 7.5
        5.0 sick leave
        a. In this case, an employee actually worked 32.5 hours by the end of the
        day Friday as 5.0 hours of sick leave was used. The employee worked 7.5
        hours extra on Saturday. The total hours to be paid equal 45. Only 40
        hours were actually worked. This means that the 7.5 extra hours would all
        be paid at straight time.
      2. M T W T F S
        7.5 7.5 7.5 7.5 10.0 2.5
        (holiday)
        a. In this case, an employee actually worked 32.5 hours by the end of the
        day Friday. The employee worked 2.5 hours on Saturday. Total hours
        actually worked equal 35.0. However, since holiday hours count as hours
        worked, extra pay would be based on 42.5 hours worked. This means that
        2.5 hours would be paid at straight time and 2.5 hours at overtime.
    10. Non-exempt employees have an obligation to immediately notify the Payroll/Human
      Resources Office if they feel these guidelines are not being followed. The employee
      should contact Payroll at payroll@pstcc.edu or call Human Resources at 865-694-6607.

TBR Guideline P-020; T.C.A. § 49-8-203; T.C.A. § 8-50-801; 29 CFR 541.602