DEPARTMENT OF MANAGEMENT SERVICES
RULE NOS.:RULE TITLES:
60L-34.0031Regular Time and Overtime
60L-34.0043Regular Compensatory Leave
60L-34.0044Special Compensatory Leave
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 39, No. 124, June 26, 2013 issue of the Florida Administrative Register.
As a result of comments received from the Joint Administrative Procedures Committee in a letter dated July 12, 2013 and comments read into record at the July 18, 2013 Rule Hearing, the following changes have been made to the rule:
60L-34.0031 Regular Time and Overtime.
(1) through (3) No change.
(4) In lieu of overtime payment, an employee in an included position who is eligible for overtime, may, if mutually agreed by the employee and the agency, waive cash payment for overtime, and the agency shall credit process the FLSA special compensatory time leave as follows:
(a) At the end of the workweek or extended period, credit all overtime hours designated as FLSA special compensatory time leave credits at the rate of one and one-half hours credit for each hour of overtime worked.
(b) Allow the employee to accumulate up to a maximum of 80 hours of credits.
(b)(c) Allow the employee to use the credits in any increments mutually agreed by the employee and the supervisor. Absent mutual agreement, the supervisor may, with a minimum of five workdays notice, require the employee to use the credits at any time in increments of full workdays.
(c) The agency may allow the accrual and payment of FLSA compensatory leave credits on a biannual or annual basis. The agency shall report in writing to the Department the payment dates they have adopted.
1.(d) An employee accruing and receiving payment biannually shall be allowed to accumulate a maximum of 80 hours of credits. At the close of business on December 31 and June 30 of each year, or two other biannual dates approved by the Department, the agency shall pay the employee for all unused credits at the employee’s current straight time regular hourly rate of pay, in accordance with the FLSA;.
2. An employee accruing and receiving payment annually shall be allowed to accumulate a maximum of 160 hours of credits. At the close of business on December 31 of each year, or on another annual date approved by the Department, the agency shall pay the employee for all unused credits at the employee’s current straight time regular hourly rate of pay, in accordance with the FLSA.
(d)(e) If the employee separates from the agency or moves to an excluded position with accumulated credits, pay the employee for all unused credits at the employee’s current straight time regular hourly rate of pay or the rate in effect when the leave was accrued, whichever is greater, in accordance with the FLSA.
(5)(f) Unless otherwise provided in through an applicable collective bargaining agreement, wWhen a Career Service an employee is on-call pursuant to Chapter 60L-32, F.A.C., and is called back to the assigned or other designated work location beyond the employee’s scheduled hours of work for that day, the employee shall be credited with actual time worked or a minimum of two hours of work, whichever is greater. Only the actual time worked during the call back shall be Time not worked of the minimum of two hours is not counted as hours worked for the purposes of computing overtime compensation.
Rulemaking Authority 110.1055, 110.201, 110.219(5) FS. Law Implemented 110.122, 110.219 FS. History–New 1-22-02, Amended (insert date).
60L-34.0043 Regular Compensatory Leave.
(1) through (2) No change.
(3) Leave credits shall not transfer be transferred from the agency where the credits were earned to another agency or pay plan, unless the employee is moving from a career service position to a selected exempt service position. Unused credits shall be forfeited upon separation from the agency or the pay plan.
(4) through (5) No change.
Rulemaking Authority 110.1055, 110.201, 110.219(5) FS. Law Implemented 110.122, 110.219 FS. History–New 1-1-02, Amended (insert date).
60L-34.0044 Special Compensatory Leave.
(1) When an employee separates from an agency, the agency shall pay the employee for all unused special compensatory leave credits at the employee’s current regular hourly rate of pay, unless otherwise provided in an applicable collective bargaining agreement.
(2) Leave credits shall not transfer be transferred from the agency where the credits were earned to another agency or pay plan, unless the employee is moving from a career service position to a selected exempt service position. Upon the employee’s transfer to another agency or pay plan, the agency shall pay the employee for unused special compensatory leave credits at the employee’s current regular hourly rate of pay, unless otherwise provided in an applicable collective bargaining agreement.
(3) Upon prior notice, an agency may compel the use of all or part of an employee’s accumulated holiday special compensatory leave credits or special compensatory leave credits, or both, based on agency needs, provided such usage requirement is in accordance with any collective bargaining agreement provisions. An agency may also require an employee to use accumulated special compensatory leave credits prior to approving an employee’s request to use other types of approved leave, with the exception of sick leave, administrative leave, FLSA compensatory leave and the personal holiday.
(4) All Unused special compensatory leave credits for a Career Service an employee who is laid off shall be paid for in lump-sum, based on the employee’s current regular hourly rate of pay, at the time of layoff, unless otherwise provided in an applicable collective bargaining agreement.
(5) At the time of entry into the DROP, an employee electing to participate in the program may request payment of any unused special compensatory leave that was earned within eleven months before entry into the DROP, unless otherwise provided in an applicable collective bargaining agreement.
Rulemaking Authority 110.1055, 110.201, 110.219(5) FS. Law Implemented 110.122, 110.219 FS. History–New 1-1-02, Amended (insert date).
