246.06   OVERTIME.
   (a)   Overtime Approval.
      (1)   Normally, an employee will be notified in advance of any overtime work that is required.
      (2)   Unusual or emergency circumstances may require employees to work overtime without having prior notification. Whenever such circumstances occur, the employee will be paid overtime in accordance with the overtime policy.
      (3)   Scheduled overtime, which is subsequently canceled for any reason, shall not entitle the employee to overtime compensation.
      (4)   The use of overtime is to be minimized by department heads.
   (b)   Overtime Policy.
      (1)   Employees shall be entitled to overtime compensation at one and one-half times their regular rate of pay for time actually worked in excess of forty hours per week.
      (2)   For purposes of this section, paid holidays, paid vacation, and other approved paid leave time shall be considered time worked. Time spent traveling, where appropriate, shall be paid in accordance with the Fair Labor Standards Act.
      (3)   It is the policy of the Village of East Palestine that overtime will be distributed as equally as possible among employees by consideration of classification, seniority, and qualifications of those employees.
      (4)   Persons designated as professional, administrative, or executive by the Appointing Authority in accordance with the Fair Labor Standards Act are exempt from the payment of overtime at the discretion of the Appointing Authority. The employees holding these exempt positions shall be notified in writing of their exempt status. Seasonal recreation employees are exempt from this overtime provision.
      (5)   The Appointing Authority may designate employees engaged in support activities to work an adjusted work week not to exceed forty hours per week. Such employees are considered "flexible hour employees."
      (6)   Sunday through Saturday shall constitute the reporting period.
      (7)   The Appointing Authority may, for employees not covered by a collective bargaining agreement and in lieu of cash payments for all actual hours worked in excess of forty hours per week, utilize compensatory time calculated at one and one-half times the excess hours worked. Employees who are covered by a collective bargaining agreement which does not provide for compensatory time, shall not be eligible for the accumulation or utilization of compensatory time. The accumulation of compensatory time shall in no case exceed 240 hours, except, a maximum of 480 hours may be accrued for eligible public safety employees as defined by the Fair Labor Standards Act. Any accrual in excess of 240 or 480 hours, whichever is applicable, shall be paid in cash at the appropriate rate. The accumulated compensatory time must be taken within 180 days of the date earned at a time mutually agreed to by the Appointing Authority and the employee. If the compensatory time is not taken within the 180 days its earned, it shall be paid in cash.
      (8)   Upon termination for any reason, all accumulated compensatory time shall be paid at the employee's rate of pay at the time of termination.
      (9)   Fire Department overtime shall be paid in accordance with the appropriate Village of East Palestine ordinance. Firemen and EMTs shall receive time-and-a-half for answering calls on all holidays.
      (10)   In addition to the hourly salary rate, any part-time employee required to work on a holiday, shall receive time-and-a-half for each hour worked on a holiday, except seasonal employees.
(Ord. 30-93. Passed 1-10-94; Ord. 28-2015. Passed 12-28-15.)