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BUREAU OF HUMAN RESOURCES
HUMAN RESOURCES POLICY AND PRACTICES MANUAL
9.1 COMPENSATORY TIME
Compensatory Time (commonly referred to as "Comp Time") may be defined as paid time off which is earned and accrued in lieu of cash payment when overtime compensation is required. Except for non-bargaining unit (Confidential) employees, the accrual and use of Comp Time is governed by the applicable collective bargaining agreement.
When considering Comp Time, employees and supervisors should take into account the appropriate accrual rate (straight time or overtime); the maximum number of Comp Time hours that may be accrued, and when accrued Comp Time may be used. It is important to note that these factors are not the same for all employees or all circumstances.
The Comp Time chart that follows is intended to be a summary and, as such, does not include certain employment situations or special agreements. Agency human resource representatives should be consulted when questions arise regarding the accrual or use of Comp Time. The following factors should also be considered with respect to the accrual of Comp Time.
- Comp Time is generally available only to overtime-eligible employees. There are three narrowly defined exceptions. Employees in MSEA bargaining units, and Confidential employees, in salary range 22 and above, who actually work on a holiday, may earn Comp Time on an hour-for-hour basis. Employees in salary range 22 and above who have a special overtime exception provided in Civil Service Rules may earn Comp Time on and hour-for-hour basis. Subject to specific authorization, Comp Time may be provided for employees who are required to report to work, or remain at work, during a period of emergency work cancellation, delay or early release. (The specific conditions for Comp Time in emergency work cancellations are generally detailed in an after-the-fact memorandum from the Bureau of Employee Relations.)
- Comp Time is generally accrued at the premium rate, but under certain circumstances, such as part-time employment and alternate work schedules, it may be accrued at the straight rate.
- Comp Time is generally accrued by mutual agreement. That is, both the employee and the agency must agree that overtime will be taken as Comp Time.
- In most situations, overtime (pay or Comp Time) is computed based on hours actually worked. Time in pay status, but not worked (vacation, sick leave, comp time, authorized leave, etc.) is not considered time worked for purposes of computing overtime. For the MSEA bargaining units and Confidential employees, holiday time is considered as time worked for purposes of computing overtime.
- The Comp Time provisions of the Maine State Troopers Association bargaining agreement differ significantly from those found in other bargaining units. Questions concerning Comp Time with respect to the MSTA bargaining agreement should be directed to the Department of Public Safety.
(SEE CHART ON FOLLOWING PAGE)