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GBRC – Employee Work Day and Work Week Requirements

Descriptor Code: GBRC
Employee Work Day and Work Week Requirements

School Based Employees Exempt from the Fair Labor Standards Act (FLSA)
The minimum workday for all full-time school-based FLSA Exempt employees is eight hours, and the minimum work week is 40 hours. Duties which will count toward fulfillment of the minimum work day requirement include teaching, preparation for teaching, staff meetings, conferences with students and parents, planning, responsibilities related to school activities in the community, and other duties as set forth in the employee’s contract (if any), job description or as assigned by the Principal.

Non-School Based Employees Exempt from the Fair Labor Standards Act (FLSA)
The minimum workday for all full-time non-school based FLSA Exempt employees is eight hours, and the minimum work week is 40 hours. All such personnel will report for duty at the time designated by the immediate supervisor. Duties which count toward fulfillment of the minimum work day include those duties specified by the employee’s contract (if any), job description, and any additional duties that may be required by the immediate supervisor.

Employees Covered by the Fair Labor Standards Act (FLSA)
The School District’s seven-day work week begins on Sunday and ends on Saturday. Employees are expected to arrive and depart at the time specified by the District, unless requested to work overtime by their immediate supervisor. The maximum regularly scheduled work week for FLSA covered employees is 40 hours during each seven-day period. An employee must not work overtime without prior permission from his/her immediate supervisor, except in cases of emergency. Employees covered by the FLSA who work overtime without prior approval will be allowed to claim the hours worked in accordance with the FLSA. If the supervisor determines that the work was unforeseen or emergency in nature, it will be approved. If the supervisor determines the performance of the work was unnecessary at the time it was performed, the employee will receive pay for the hours worked, but disciplinary action may be taken for failure to follow established policy.

The District will publish a job description for each position to determine an employee’s coverage or exemption status under the FLSA.

Duty Free Lunch for Elementary School Teachers
State law (O.C.G.A 20-2-218) requires that teachers employed in grades kindergarten through five have a duty-free lunch period of not less than thirty consecutive minutes per day. Elementary school principals must insure that a duty-free lunch period is provided daily for teachers. Exceptions to this may occur only as permitted by State Law or State Board Rules.

ADOPTED: August 2, 2001        REVISED: July 19, 2018

CCSD Administrative Guidelines Regarding Employee Work Day and Week Requirements
Pursuant to the School Board’s Employee Work Day and Work Week Requirements Policy (GBRC), these administrative guidelines are to be utilized by CCSD staff in policy application:

These guidelines will ensure that Cherokee County School District (CCSD) complies with the overtime pay, compensatory time, record-keeping, and break time requirements of the Fair Labor Standards Act (FLSA). The FLSA requires that overtime be paid to nonexempt employees either in the form of monetary compensation or compensatory time, as described below. Supervisors will verify with the Office of Financial Management that funds are available prior to authorizing overtime.

1. Covered employees.
Employees in job classifications covered under the FLSA include: paraprofessionals, school nurses, warehouse workers, technology specialists, bookkeepers, clerks, school nutrition workers, maintenance workers, clerks, secretaries, bus drivers and attendants, vehicle mechanics, and police officers. Under the guidelines of the FLSA some of the above described positions may be exempt depending upon individualized circumstances; thus, if an employee or supervisor is unsure if an employee is exempt from coverage they will consult the Office of Human Resources for further clarification and instruction.

2. Exempt employees.
Certain employees are exempt from coverage under the FLSA and are not subject to compensation for overtime work. Exempt employees include executive, administrative, and professional employees, such as teachers, counselors, supervisors, and administrators. CCSD establishes a job description for each position to determine an employee’s coverage or exemption status under the FLSA.

3. Hours worked.
CCSD’s seven-day work week begins on Sunday and ends on Saturday. CCSD’s pay period begins the 16th of each month and ends on the 15th of the subsequent month. Employees are expected to arrive and depart at the time specified by CCSD unless requested to work overtime by their immediate supervisor. Non-exempt employees will accurately record hours worked during each week, including the exact time of arrival and departure from work and all overtime. Supervisors and Principals will review, approve and maintain all timecards within the timekeeper system. Documentation of all overtime hours worked must be submitted to the Chief Financial Officer prior to the end of each pay period. The maximum regularly scheduled workload for employees is 40 hours during each seven-day period.

4. Timekeeping.
An employee is required to promptly complete and submit required time and attendance and absence reports accurately accounting for all hours worked and absences. Kronos is the official time and attendance and absence reporting system for CCSD and all employees are expected to document time and attendance and absences accordingly. Each employee is required to approve his/her timecard in Kronos at the end of each payroll cycle before the end of the work day on the 15th of each month.

5. Overtime rate calculation.
Employees who are nonexempt under the FLSA regulations will be paid no less than 1.5 times their regular rate of pay for all hours worked which will exceed the statutory 40-hour workweek, except as noted below in situations where the employee works more than one job, each with different rates of pay. Any hours in the workweek an employee is absent from work do not count toward hours worked for overtime pay, including leave time taken (e.g., vacation, sick, personal, etc.).

6. Compensatory time.
CCSD reserves the right to grant compensatory time in lieu of paying employees monetary compensation. “Compensatory” (comp) time as an alternative to overtime pay for classified employees is discouraged. Prior to employee’s overtime work, the supervisor and employee must agree in writing to a compensatory time arrangement, and there must be prior written approval by the appropriate Chief Officer or the Superintendent of Schools. Employees must obtain their supervisor’s approval when to take the compensatory time and must take the time off during the pay period immediately following when it was earned, if possible. A time sheet must be submitted for “comp” time in the same manner as overtime is requested/documented. “Comp” time is allocated at the same rate as overtime (i.e., 1.5 times the regular hours over 40 in a given work week). 

7. Authorization for overtime required.
An employee will not work overtime without prior permission from his/her immediate supervisor, except in cases of immediate necessity. Each employee responsible for the supervision of employees subject to the FLSA will receive authorization from the appropriate Chief Officer or Superintendent prior to authorizing overtime. Advance approval from the appropriate Chief Officer or the Superintendent will be required for up to 10 hours of work past the statutory 40-hour work week. For more than 10 hours of work past the statutory 40-hour work week, advance approval from the Chief Financial Officer and the Superintendent will also be required.

8. Overtime work without prior approval.
Employees covered by FLSA who work overtime without prior approval will be allowed to claim the hours worked in accordance with the FLSA. If the supervisor determines that the work was unforeseen or emergency in nature, it will be approved. If the supervisor determines that the performance of the work was unnecessary at the time it was performed, the employee will receive pay for the hours worked, but disciplinary action may be taken for failure to follow established policy.

9. Recordkeeping and posters.
All records on wages, hours and other items listed in the recordkeeping regulations will be kept by the supervisor for the time specified by the FLSA. CCSD will display minimum wage posters at each CCSD work site where employees will be likely to see them.

10. Meal breaks and rest periods.
Each 40-hour weekly employee is provided two paid 15-minute daily breaks during work time. Each such employee is also provided a non-paid, duty-free 30-minute daily lunch.

11. Milk expression breaks.
Reasonable break time will be provided for an employee to express breast milk as needed for her nursing child for up to one year following the birth of the child. CCSD will provide a room or other location, other than a toilet stall, where the employee can express milk in privacy. The break time will, if possible, run concurrently with any break or meal time already provided to the employee.

12. Election Days
If an alternative work schedule is needed in order to facilitate the ability of employees to vote in general elections, every effort should be made by principals/work location supervisors to accommodate such employees.

13. Inclement Weather and Other Closure Days
• Statutory requirements provide four days of relief for students to not attend school due to inclement weather. Because teachers are contracted to work 190 days, the student relief days must be made up by teachers.
•If five or more school days are missed, the district may provide a revised schedule for teachers and students.
• When CCSD is closed due to inclement weather, the Superintendent/designee has authority to declare a workday for different categories of personnel (e.g., 12-month employees may be required to work).
• When the Superintendent/designee declares that school district employees will not report to work, some personnel may be requested to work in order to maintain the safe and efficient operation of facilities. Such employees requested by the appropriate member of the Superintendent’s Cabinet to work under those circumstances will receive regular compensation for each hour worked. This does not apply to individuals employed in organizational chart positions who may be requested to work without additional pay and are not entitled to overtime compensation. 
• If any employee is unable to report to work on a scheduled workday due to weather related conditions, the employee, with the immediate supervisor’s approval, must account for the day with any one of the following options:
‒ A personal day may be utilized;
‒ A vacation day (12 months employees only) may be taken;
‒ A day without pay may be requested; or,
‒ The day may be made up at a designated work site with the immediate supervisor’s prior authorization and supervision.
• Each principal/supervisor is responsible for ensuring that all employees under their supervision account for all workdays.

Inquiries concerning FLSA may be directed to CCSD Office of Human Resources