AFSCME, Confidential, PDA, SEIU, SMCCE: Employees who use paid sick leave and work extra hours in the same work week code the corresponding extra hours as “overtime at straight time”, pay code 069.
For example:
Under the previous contracts, a Monday-Friday employee could code eight (8) hours of sick leave on Tuesday, work ten (10) hours on Saturday, and be paid at the rate of time-and-a-half (code 066 or 051) for the full ten (10) Saturday hours he/she worked.
The eight (8) hours of paid sick leave taken on Tuesday is not considered to be “time worked”. The employee in this example would still code eight (8) hours of sick leave on Tuesday. However, for the ten (10) hours he/she worked on Saturday, eight (8) of those hours will now be paid at the straight-time rate (code 069), and two (2) of those hours will now be paid at the rate of time-and-a-half (code 066 or 051).
BCTC, CNA, LEU, UAPD: For employees who have paid sick leave and work extra hours in the same work week, these “extra” hours proportionally offset the hours that normally would be charged to sick leave. For example:
Example #1
- Nurse is scheduled to work Monday through Friday 8-5.
- Nurse calls in sick on Monday and works an overtime shift on Saturday.
- Nurse completes sick leave slip as usual for Monday sick day. Nurse does not note any time on Monday, it is no longer considered “time worked.”
- Nurse codes the timesheet with 8 hours of Saturday shift as 001 time (regular hours worked), as he/she has not exceeded 40 hours in a weekly work schedule.
- Nurse completes an overtime slip for the time worked on Saturday, and notes “OT at regular time per CNA contract.”
- Nurse continues the current practice of submitting the sick slip and overtime slip to the supervisor.
- The department retains the documentation of actual sick time, OT and whether the sick time is work related or non-work related.
Example #2
- Employee is scheduled to work Tuesday through Saturday 2-11.
- Nurse works an 8-hour shift on Monday and on Thursday the employee arrives two hours late following a medical appointment.
- Nurse codes the timesheet with 2 hours of Monday shift as 001 time (regular hours worked), as he/she has not exceeded 40 hours in a weekly work schedule due to the Thursday appointment; and 6 hours of Monday shift as 066 time (overtime at time and a half).
- Nurse completes an overtime slip as usual for the time worked on Monday. Notes: “Overtime worked less two hours sick taken for medical appointment on Thurs (6 hours 066) per CNA contract.”
- Nurse notes only six hours of Thursday shift as 001 time (regular hours worked), as the first two hours were taken as sick time and no longer considered “time worked.”
- The two hours of 001 time on Monday and the six hours of 001 time on Thursday will complete the 40 hours of regular time for the work week.
- Nurse completes a sick slip as usual for the Thursday sick time. Nurse does not note the two hours of sick leave on the timesheet as it is no longer considered “time worked.”
- Nurse continues the current practice of submitting the sick slip and overtime slip to the supervisor.
- The department retains the documentation of actual sick time, OT and whether the sick time is work related or non-work related.
DSA (sworn), OSS: Sick leave will be considered as time worked under the following conditions:
- The potential overtime hours occur due to the employee being called into work while officially assigned to be in an On-Call status. For example, the employee uses 8 hours of sick leave on Monday and is called into work from an On-Call status on Wednesday night and works 4 hours outside the regular shift. In this case, the employee will code 8 hours of sick leave on Monday and 4 hours of overtime on Wednesday.
- The potential overtime hours occur due to the employee being ordered or mandated to work the additional hours when not in an On-Call status. For example, the employee uses 8 hours of sick leave on Monday and is called on Wednesday night and ordered to report to work for 4 hours outside the regular shift. In this case, the employee will code 8 hours of sick leave on Monday and 4 hours of overtime on Wednesday.
Sick leave will not be considered as time worked under other circumstances. For example:
- If the employee is not in an On-Call status and is not ordered or mandated to work the additional hours, sick leave used in that overtime calculation period shall not be considered as time worked for the purposes of eligibility for overtime compensation. For example, an employee calls in sick for an 8-hour shift on Monday. The employee is not scheduled to work on Wednesday but either has previously signed up for 8 hours of voluntary overtime for that day, or is called at home and asked to work an 8-hour shift that day and agrees to do so voluntarily. In this case, the employee would code no sick leave for Monday, but would, instead, code 8 hours of straight time for Wednesday. There would be no overtime and no deduction from sick leave balances.