POLICY 23
WORK SCHEDULES

SECTION INDEX: Work Schedules

1 Purpose

2 Reference

3 Application

4 Guidance

4.1 Hours of Operation

4.2 Work Week

4.3 Regular Work Period

4.4 Alternative Work Periods

4.5 24 Hour Day

4.6 Work Schedules

4.7 Meal Periods

4.8 Breaks

4.9 Lactation Breaks

5 Forms

5.1 Sample Copy of Personnel Action Form (PAF)

1. PURPOSE

To establish a City-wide Policy for setting employee work schedules.

2. REFERENCE

Fair Labors Standards Act, 1985 Amendments to the Fair Labor Standards Act (29 U.S.C.), Dept. of Labor Regulations (29 C.F.R.), City of Olympia Policy 16-Overtime

3. APPLICATION

This Policy applies to all individuals employed by the City of Olympia unless work schedules are established otherwise by contract or statute (e.g., civil service rules, union contract, individual employment contract or memorandum of understanding). Department directors have the authority to establish different hours of operation, work periods, work week hours and flex time arrangements as necessary for effective operation. Human Resources will review work schedules changes to ensure all state and federal wage and hour standards are met.

4. GUIDANCE

The City intends to establish reasonable work schedules for employees for the convenience of and maximum service levels to Olympia residents.

4.1. HOURS OF OPERATION

City offices and departments will generally be open for business from 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays.

4.2. WORK WEEK

The regular work week for City employees consists of forty (40) hours unless otherwise established by the department.

4.3. REGULAR WORK PERIOD

For all employees, except fire protection and law enforcement employees, the regular work period for the purpose of overtime calculation will start at 12:01 a.m., (0001), Monday, and end at 12:00 midnight (2400), Sunday and consist of 40 hours of work per week.

The regular work period for fire protection employees will not exceed a maximum of two-hundred and twelve (212) hours in a twenty-eight (28) day period in accordance with the Fair Labor Standards Act’s 207K Exemption. The Fire Chief will be responsible for establishing and publishing the work period within these policies.

The regular work period for law enforcement employees will not exceed a maximum of one- hundred and seventy-one (171) hours in a twenty-eight (28) day period in accordance with the Fair Labor Standards Act’s 207K Exemption. The Police Chief will be responsible for establishing and publishing the work period within these policies.

4.4. ALTERNATIVE WORK PERIODS

An alternative work period is defined as a fixed period of one-hundred and sixty-eight (168) hours in seven consecutive twenty-four (24) hour periods, during which regular work hours of forty (40) or less are worked by employees. The City recognizes that an alternative to the regular work period may be advantageous to both the City and employees and allows alternative work periods as provided below:

a. Alternative work periods must comply with requirements of the Fair Labor Standards Act and any other City policies or labor contract provisions.

b. Alternative work periods are approved at the discretion of the Department Director. Use of alternative work periods must assure service and operations during normal hours of operation and shall not result in a negative cost impact to the City.

c. Alternative work periods shall not exceed 40 regular hours worked in any workweek of seven (7) consecutive twenty-four (24) hour periods (168 hours). The alternative work period may begin and end on any calendar day and at any time during the day and may be established for each employee.

d. Approved alternative work periods, and any subsequent adjustments, will be documented and signed by the employee and supervisor and approved by the department director. The documentation required to be forwarded to Human Resources is the Personnel Action Form (PAF), found on the City Intranet. Human Resources will determine if the request is in compliance with rules and regulations. Copies of the approved work schedule will be placed in the employee’s file.

e. An alternative work period shall be considered a regularly assigned work period and not subject to frequent adjustment. Returning to a regular work period or adjustments determined necessary may be approved by the department director.

f. Employees assigned to an alternative work period will be charged vacation leave and sick leave at the rate of total hours scheduled to work on the alternative work day, not to exceed forty (40) hours per work week.

g. Employees assigned to an alternative work period will be paid for holidays at the rate of hours scheduled to work on the alternative work day.

h. Paid holidays falling on an employee’s regularly scheduled day off will be taken on the last preceding or next following workday, as determined by the supervisor.

i. Departments are individually responsible to accurately maintain appropriate records, document alternative work schedules, and assure no unpaid overtime liability occurs as a result of alternative work schedules. Work hours over forty (40) in any alternative work period will be paid at the regular overtime rate of one and one-half times the regular hourly rate.

j. Human Resources must review all approved alternative work periods and may require revisions to ensure compliance with Federal and State wage and hour laws.

4.5. 24 HOUR DAY

A twenty-four (24) hour day, for the purpose of overtime calculation will start at 12:01 a.m. (0001) and end at 12:00 midnight (2400).

4.6. WORK SCHEDULES

Work schedules will be established by department directors.

4.7. MEAL PERIODS

An unpaid meal period of at least thirty (30) minutes and not more than sixty (60) minutes is required for employees who are scheduled to work more than five (5) hours per day. Scheduling of meal periods is at the discretion of the supervisor, but should normally occur within the first 5 hours of the work period.

4.8. BREAKS

Employees are allowed to take one paid fifteen (15) minute break from work for each four (4) hours worked. Scheduling of breaks is at the discretion of the supervisor, but should normally occur before the end of the 3rd hour and 6th hours of the work period.

4.9. LACTATION BREAKS

On March 23, 2010 the Patient Protection and Affordable Care Act was signed into federal law. This law amended Section 7 of the Fair Labor Standards Act. The legislation ensures that nursing mothers are supported in workplaces, and identifies the employer’s obligations. The City supports the rights of nursing mothers in the workplace.

• Eligible Employees: Employees who are nursing a child up to one (1) year after the child’s birth.

• Requests for Breaks to Express Milk: An eligible employee should communicate with her supervisor to request breaks to express breast milk.

• Amount of Time Allowed: Eligible employees are entitled to reasonable break time for the purpose of expressing breast milk. Though there is no maximum number of breaks or maximum length for each break, it is generally anticipated that three breaks per eight hour shift, each lasting fifteen (15) to twenty-five (25) minutes, will be sufficient. The employee will be completely relieved from duty during nursing breaks.

• Space and Facilities: The supervisor will provide a room that is clean, has an electrical outlet, is shielded from view, and is free from any intrusion from co-workers.

• Compensation during Break Times: If a non-exempt employee expresses milk during a standard rest break, she will be paid for the time. If the non-exempt employee expresses milk on an unpaid meal break, or is taking an additional break for the purpose of expressing milk, this break time will be unpaid. The pay of exempt employees will not be deducted for taking breaks under this policy.

• Policy against Discrimination and Retaliation: Employees will not be retaliated against for exercising their rights under this policy. Any employee who feels they have been disadvantaged as a result of this policy or who believes this policy is not being adhered to should report their concerns to their Director of Human Resources.

5. FORMS