Each position in the agency is analyzed by the Department of Administration, Office of Personnel Services to determine if the position, under the Fair Labor Standards Act, is considered to be a non-exempt or an exempt position. A non-exempt employee is paid on an hourly basis and is eligible to be compensated for actual hours worked over 40 hours in either pay or compensatory time. KDA utilizes compensatory time at one and a half hours for each actual hour worked over 40 hours in the workweek. All overtime hours worked must be authorized in advance by the supervisor. In rare cases, the supervisor may allow the use of paid overtime with approval from the Secretary. Exempt employees are paid a biweekly salary and work the hours necessary to get the job done with no compensatory time accrual or overtime pay for hours worked over 40 hours in a workweek.
If you are a non-exempt employee, the following terms apply:
Paid Leave: Paid leave hours do not count towards the total number of hours worked in a week in determining whether overtime is paid. Paid leave includes all paid time away from work (vacation, sick, holiday, etc.). Kansas Organization of State Employees (KOSE) covered positions have the following exception to the rule: Time in a paid status, but not worked by virtue of legal holiday, shall be considered as hours worked for purposes of administering overtime entitlements.
Rearranged Time: Supervisors may request that an employee adjust his or her daily work schedule within the work week in order to prevent exceeding 40 hours of work. For example, if you worked 8.5 hours on Monday through Thursday (34 hours), you would only work 6 hours on Friday in order not to exceed 40 hours. This is also known as “equivalent time off.”
Compensatory Time: Compensatory time is compensation at the rate of one and a half hours off for each hour worked over 40 hours in a work week. For example, if you worked 9 hours Monday-Friday (45 hours), you would earn 7.5 hours of compensatory time that could be taken at a later time. The regulations allow a maximum compensatory leave balance of 240 hours. Hours in excess of the maximum must be paid out. Supervisors may require employees to use compensatory time off within a reasonable time frame.