(1) The work schedule program of each agency shall be formulated so that the need to work beyond the regular work schedule established for employees by the agency is reduced to a minimum. However, appointing authorities, due to the special nature of the services to be rendered or due to any emergency situation, may require their employees to render services beyond their daily or weekly work schedule, or on any other day in which services are suspended by the Governor without being charged to any leave. In these cases, there shall be the previous authorization by the supervisor to the employee, which shall be approved by the appointing authority or by the official unto whom it delegates. Supervisor shall take measures so that when an employee continues working it is always by virtue of an express authorization.
(2) Employees shall be entitled to receive a compensation leave, at a ratio of one and a half (11/2) time, for services rendered beyond their regular daily or weekly work schedule, or during their meal break, and for services rendered during holidays, days of rest, or days on which the Governor suspends services without charge to any leave. This leave shall be enjoyed by the employee within a period of thirty (30) days as of the date on which he/she had worked overtime. If due to the need of the service, this were not possible, said leave may be accrued for up to a maximum of two hundred and forty (240) hours. In the cases of employees in security or health jobs, they may accrue up to four hundred and eighty (480) hours. The compensation of overtime via the compensatory leave shall not be allowed for hours accrued by the employee in excess of the limits mentioned above.
(3) Exception from the provisions of subsection (2) of this section is made of any employee who carries out functions of an administrative, executive or professional nature, as these terms are defined in the Federal Fair Labor Standards Act.
History —Aug. 3, 2004, No. 184, § 11.2.