2006 Ohio Revised Code - 124.18. Standard work week; compensatory time or overtime pay; holiday pay; flexible-hours employees.

§ 124.18. Standard work week; compensatory time or overtime pay; holiday pay; flexible-hours employees.
 

(A)  Forty hours shall be the standard work week for all employees whose salary or wage is paid in whole or in part by the state or by any state-supported college or university. When any employee whose salary or wage is paid in whole or in part by the state or by any state-supported college or university is required by an authorized administrative authority to be in an active pay status more than forty hours in any calendar week, the employee shall be compensated for such time over forty hours, except as otherwise provided in this section, at one and one-half times the employee's regular rate of pay. The use of sick leave or any leave used in lieu of sick leave shall not be considered to be active pay status for the purposes of earning overtime or compensatory time by employees whose wages are paid directly by warrant of the director of budget and management. A flexible-hours employee is not entitled to compensation for overtime work unless the employee's authorized administrative authority requires the employee to be in active pay status for more than forty hours in a calendar week, regardless of the number of hours the employee works on any day in the same calendar week. 
 

Such compensation for overtime work shall be paid no later than at the conclusion of the next succeeding pay period. 
 

If the employee elects to take compensatory time off in lieu of overtime pay, for any overtime worked, such compensatory time shall be granted by the employee's administrative superior, on a time and one-half basis, at a time mutually convenient to the employee and the administrative superior. Compensatory time is not available for use until it appears on the employee's earning statement and the compensation described in the earning statement is available to the employee. 
 

An employee may accrue compensatory time to a maximum of two hundred forty hours, except that public safety employees and other employees who meet the criteria established in the "Federal Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended, may accrue a maximum of four hundred eighty hours of compensatory time. An employee shall be paid at the employee's regular rate of pay for any hours of compensatory time accrued in excess of these maximum amounts if the employee has not used the compensatory time within one hundred eighty days after it is granted, if the employee transfers to another agency of the state, or if a change in the employee's status exempts the employee from the payment of overtime compensation. Upon the termination of employment, any employee with accrued but unused compensatory time shall be paid for that time at a rate that is the greater of the employee's final regular rate of pay or the employee's average regular rate of pay during the employee's last three years of employment with the state. 
 

No overtime, as described in this section, can be paid unless it has been authorized by the authorized administrative authority. Employees may be exempted from the payment of compensation as required by this section only under the criteria for exemption from the payment of overtime compensation established in the "Federal Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended. With the approval of the director of administrative services, the appointing authority may establish a policy to grant compensatory time or to pay compensation to state employees who are exempt from overtime compensation. With the approval of the board of county commissioners, a county human services department may establish a policy to grant compensatory time or to pay compensation to employees of the department who are exempt from overtime compensation. 

(B) (1)  An employee, whose salary or wage is paid in whole or in part by the state, shall be paid for the holidays declared in section 124.19 of the Revised Code and shall not be required to work on those holidays, unless, in the opinion of the employee's responsible administrative authority, failure to work on those holidays would impair the public service. An employee paid directly by warrant of the director of budget and management who is scheduled to work on a holiday and who does not report to work the day before, the day of, or the day after the holiday due to an illness of the employee or of a member of the employee's immediate family shall not receive holiday pay as provided by this division, unless the employee can provide documentation of extenuating circumstances that prohibited the employee from so reporting to work. An employee also shall not be paid for a holiday unless the employee was in active pay status on the scheduled work day immediately preceding the holiday. 

(2) If any of the holidays declared in section 124.19 of the Revised Code falls on Saturday, the Friday immediately preceding shall be observed as the holiday. If any of the holidays declared in section 124.19 of the Revised Code falls on Sunday, the Monday immediately succeeding shall be observed as the holiday. Employees whose work schedules are based on the requirements of a seven-days-a-week work operation shall observe holidays on the actual days specified in section 124.19 of the Revised Code. 

(3) If an employee's work schedule is other than Monday through Friday, the employee shall be entitled to eight hours of holiday pay for holidays observed on the employee's day off regardless of the day of the week on which they are observed. 

(4) A full-time permanent employee is entitled to a minimum of eight hours of pay for each holiday regardless of the employee's work shift and work schedule. A flexible-hours employee, who is normally scheduled to work in excess of eight hours on a day on which a holiday falls, either shall be required to work an alternate schedule for that week or shall receive additional holiday pay for the hours the employee is normally scheduled to work. Such an alternate schedule may require a flexible-hours employee to work five shifts consisting of eight hours each during the week including the holiday, and, in that case, the employee shall receive eight hours of holiday pay for the day the holiday is observed. 

(5) Part-time permanent employees shall receive holiday pay on a pro-rated basis, based upon the daily average of actual hours worked, excluding overtime hours worked, in the previous calendar quarter. The figure shall be calculated for the preceding calendar quarter on the first day of January, April, July, and October of each year. 

(6) When an employee who is eligible for overtime pay under this section is required by the employee's responsible administrative authority to work on the day observed as a holiday, the employee shall be entitled to pay for such time worked at one and one-half times the employee's regular rate of pay in addition to the employee's regular pay, or to be granted compensatory time off at time and one-half thereafter, at the employee's option. Payment at such rate shall be excluded in the calculation of hours in active pay status. 

(C)  Each appointing authority may designate the number of employees in an agency who are flexible-hours employees. The appointing authority may establish for each flexible-hours employee a specified minimum number of hours to be worked each day that is consistent with the "Federal Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended. 

(D)  This section shall be uniformly administered for employees as defined in section 124.01 of the Revised Code and by the personnel departments of state-supported colleges and universities for employees of state-supported colleges and universities. If employees are not paid directly by warrant of the director of budget and management, the political subdivision shall determine whether the use of sick leave shall be considered to be active pay status for purposes of those employees earning overtime or compensatory time. 

(E)  Policies relating to the payment of overtime pay or the granting of compensatory time off shall be adopted by the chief administrative officer of the house of representatives for employees of the house of representatives, by the clerk of the senate for employees of the senate, and by the director of the legislative service commission for all other legislative employees. 

(F)  As used in this section, "regular rate of pay" means the base rate of pay an employee receives plus any pay supplements received pursuant to section 124.181 [124.18.1] of the Revised Code. 
 

HISTORY: RC § 143.11, 129 v 1002 (Eff 1-1-62); 131 v 126 (Eff 7-22-65); 132 v H 93 (Eff 5-17-67); 133 v S 297 (Eff 8-18-69); 133 v H 1164 (Eff 6-28-70); 135 v S 31 (Eff 8-1-73); RC § 124.18, 135 v S 174 (Eff 12-4-73); 135 v H 301 (Eff 4-8-74); 136 v H 155 (Eff 6-29-75); 137 v S 291 (Eff 8-29-78); 138 v H 1237 (Eff 9-30-80); 138 v S 386 (Eff 1-9-81); 139 v H 694 (Eff 11-15-81); 141 v H 831 (Eff 4-9-86); 142 v H 178 (Eff 6-24-87); 145 v H 152 (Eff 7-1-93); 146 v S 99 (Eff 10-25-95); 147 v H 215 (Eff 6-30-97, 9-29-97); 147 v H 649 (Eff 3-9-99); 147 v S 144 (Eff 3-30-99); 148 v H 640. Eff 6-15-2000; 151 v H 530, § 101.01, eff. 6-30-06.
 

The provisions of § 821.03 of 151 v H 530 read in part as follows: 

SECTION 821.03. (A) Except as otherwise provided in division (B) of this section, the amendments by this act to sections 124.09, 124.11, 124.151, 124.152, 124.18, 124.321, 124.382, 124.82, and 3917.04 of the Revised Code are subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1c and section 1.471 of the Revised Code, the amendments take effect on the ninety-first day after this act is filed with the Secretary of State. If, however, a referendum petition is filed against an amendment, the amendment, unless rejected at the referendum, takes effect at the earliest time permitted by law. 

(B) The amendments by this act to sections 124.09, 124.11, 124.151, 124.152, 124.18, 124.321, 124.382, 124.82, and 3917.04 of the Revised Code that change references to the "warrant of the auditor of state" to the "warrant of the director of budget and management," or add references to the "warrant of the director of budget and management," are subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1c and section 1.471 of the Revised Code, the amendments take effect on December 1, 2006. If, however, a referendum petition is filed against an amendment, the amendment, unless rejected at the referendum, takes effect at the earliest time that is on or after the effective date specified in this division. 

Not analogous to former RC § 143.11 (GC § 486-7c), repealed 127 v 488 (514), § 2; analogous in part to former RC § 121.16, repealed 129 v 1002, eff 1-1-62.

The effective date is set by section 81 of HB 640. 

The provisions of § 86 of HB 640 (148 v  - ) read as follows: 

SECTION 86. Section 124.18 of the Revised Code is presented in this act as a composite of the section as amended by both Am. Sub. H.B. 649 and Am. Sub. S.B. 144 of the 122nd General Assembly, with the new language of neither of the acts shown in capital letters. This is in recognition of the principle stated in division (B) of section 1.52 of the Revised Code that such amendments are to be harmonized where not substantively irreconcilable and constitutes a legislative finding that such is the resulting version in effect prior to the effective date of this act. 

 

Effect of Amendments

151 v H 530, effective June 30, 2006, except amendments referencing "warrant of the director of budget and management", effective December 1, 2006, in the first paragraph of (A) and in (D), substituted "director of budget and management" for "auditor of state"; in the first paragraph of (A), inserted "or any leave used in lieu of sick leave'; added the last sentence to the present third paragraph of (A); and rewrote (B).