Section Per 903.04 - Compensatory Time in Lieu of Payment(a) When authorized, payment for overtime shall be subject to the availability of appropriate funding.(b) Whenever funds are not available, employees who work authorized overtime in excess of 40 hours per week shall receive compensatory time according to one of the following: (1) Nonexempt employees shall accrue compensatory time for the number of actual overtime hours worked in accordance with the rates specified in Per 903.03; and(2) Employees who are exempt from the overtime provisions of the Federal Fair Labor Standards Act shall accrue compensatory time equal to the number of actual overtime hours worked.(c) The appointing authority shall not require any employee to accrue by overtime work, compensatory time in an amount which exceeds the number of hours in the employee's basic workweek, unless: (1) The appointing authority and employee may mutually agree to exceed the limit established in paragraph (c); or(2) An employee is required to work authorized overtime beyond the limits set forth above and is paid for all overtime hours worked.(d) The appointing authority shall ensure that such employee uses accrued compensatory time within one year from the date the compensatory time is earned, by taking one of the following actions: (1) Whenever practicable, the appointing authority shall approve compensatory time off at a mutually agreeable time within the one year period; or(2) If the appointing authority cannot approve compensatory time off, the appointing authority shall pay the employee for the compensatory time within a year from the date on which it was accrued.(e) When an employee is paid for compensatory time, payment shall be at the employee's regular rate of pay at the time of payment.(f) An employee may receive compensatory time off at the rate specified in paragraph (b) in lieu of overtime pay upon mutual agreement between the appointing authority and the employee.N.H. Admin. Code § Per 903.04
(See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06
Amended byVolume XXXV Number 18, Filed May 7, 2015, Proposed by #10817, Effective 5/17/2015, Expires5/17/2025.