2005 Idaho Code - 59-1607 — HOURS OF WORK AND OVERTIME

                                  TITLE  59
                          PUBLIC OFFICERS IN GENERAL
                                  CHAPTER 16
                         NONCLASSIFIED STATE OFFICERS
                                AND EMPLOYEES
    59-1607.  HOURS OF WORK AND OVERTIME. (1) It is the policy of the
legislature of the state of Idaho that all classified and nonclassified
officers and employees of state government shall be treated substantially
similar with reference to hours of employment, holidays and vacation leave,
except as provided in this chapter. The policy of this state shall not
restrict the extension of regular work hour schedules on an overtime basis,
which shall be the same for classified and nonclassified employees, in those
activities and duties where such extension is necessary and authorized by the
appointing authority.
    (2)  The appointing authority of any department shall determine the
necessity for overtime work and shall provide for cash compensation or
compensatory time off for such overtime work for eligible classified and
nonclassified officers and employees.
    (3)  Classified and nonclassified officers and employees who fall within
one (1) or more of the following categories are ineligible for cash
compensation or compensatory time for overtime work:
    (a)  Elected officials; or
    (b)  Those included in the definition of section 67-5303(j), Idaho Code.
    (4)  Classified and nonclassified employees who are designated as
executive, as provided in section 67-5302, Idaho Code, and who are not
included in the definition of subsection (3) of this section, shall be
ineligible for compensatory time or cash compensation for overtime work. Such
salaried employees shall report absences in excess of one-half (1/2) day.
Unused compensatory time balances in excess of two hundred forty (240) hours
as of the date of enactment of this act shall be forfeited on December 31,
2008. Unused compensatory time balances of two hundred forty (240) hours or
less shall be forfeited on December 31, 2006.
    (5)  Classified and nonclassified officers and employees who are
designated as administrative or professional as provided in the federal fair
labor standards act, and who are not included in the definition of subsection
(3) of this section, shall be ineligible for cash compensation for overtime
work unless cash payment is authorized by the state board of examiners for
overtime accumulated during unusual or emergency situations, but such
classified and nonclassified officers and employees shall be allowed
compensatory time off from duty for overtime work. Such compensatory time
shall be earned and allowed on a one (1) hour for one (1) hour basis, shall
not be transferable, and shall be forfeited at the time of transfer to another
appointing authority or upon separation from state service.
    (6)  Classified and nonclassified officers and employees who are not
designated as executive, administrative or professional as provided in this
section, and who are not included in the definition of subsection (3) of this
section, shall be eligible for cash compensation or compensatory time off from
duty for overtime work, subject to the restrictions of applicable federal law.
Compensatory time off may be provided in lieu of cash compensation at the
discretion of the appointing authority after consultation, in advance, with
the employee. Compensatory time off shall be paid at the rate of one and
one-half (1 1/2) hours for each overtime hour worked. Compensatory time off
which has been earned during any one-half (1/2) fiscal year but not taken by
the end of the succeeding one-half (1/2) fiscal year, shall be paid in cash on
the first payroll following the close of such succeeding one-half (1/2) fiscal
year. Compensatory time not taken at the time of transfer to another
appointing authority or upon separation from state service shall be liquidated
at the time of such transfer or separation by payment in cash.