(A) Pursuant to the Fair Labor Standards Act (FLSA), full-time non-exempt employees hired by the Department may earn compensatory time off as a condition of their employment.
(B) In accordance with the FLSA, the Department may grant to police employees compensatory time off in lieu of compensation for hours worked in excess of their normal scheduled hours. Compensatory time shall be calculated in the same manner as § 36.223. Calculating compensatory time is based on actual hours worked. Time off on compensatory time will not be considered as hours worked.
(C) Police employees may accumulate up to 480 hours of compensatory time with the Town Marshal’s approval. Once the accrual limit has been reached, all additional eligible overtime hours shall be paid to the employee.
(D) Employees may use accumulated compensatory time within a reasonable time after making a request to the Town Marshal, providing the request does not unduly disrupt the operations of the Department. This request has to be given an eight-day notice.
(E) All compensatory time earned should be taken off within the year earned or no later than the December 31 of the following year with the approval of the Supervisor or it shall be paid in full to the employee by the end of that year.
(F) Pursuant to the FLSA, the Department may, at its option, substitute cash overtime payments to any employee, in whole or in part, in lieu of granting compensatory time off.
(G) Upon termination of employment, the employee shall be paid for all accumulated and unused hours of compensatory time at the average regular rate received by the employee during the last three years of employment or the employee's final regular rate, whichever is higher.
(H) In the event any portion of this policy is in conflict with the FLSA or its regulations, any conflicting portion shall be stricken, and the remainder of this policy shall remain in full force and effect as supplemented by applicable provisions of the FLSA.
(Ord. 05-04, passed 2-28-2005; Am. Ord. 10-10, passed 6-28-2010)