(1) As used in this section:
(a) Employee is any member of the division of fire and emergency services and division of police, but shall not include any individual employed in a bona fide executive, administrative, supervisory or professional capacity.
(b) Workweek is the period of time beginning at 12:00 a.m. each Monday and ending at 11:59 p.m. each Sunday.
(2) Subject to the provisions of section 23-23(b), each chief may, with approval of the commissioner of public safety, direct members of the division of fire and emergency services and division of police and the commissioner of public safety may, with approval of the mayor, direct each chief to work reasonable hours in addition to the normal work schedule when essential to meet operating needs. A member's refusal to comply with such a request shall be grounds for disciplinary action.
(3) Any employee who is not exempted by subsection (1)(a) and who is employed for a workweek longer than forty (40) hours shall receive compensation for this employment in excess of forty (40) hours in a workweek at a rate of one and one-half (1½) times the hourly wage at which he is employed. Each individual workweek shall serve as the standard for determining entitlement to overtime compensation and, accordingly, averaging of hours over a two (2) workweek payroll period shall not be permitted.
(4) Overtime compensation shall only be paid for more than forty (40) hours actually worked within a workweek. Accordingly, no employee shall be paid overtime compensation solely for working in excess of eight (8) hours per day or for work on Saturdays, Sundays, holidays or regular days of rest; and time spent on vacation leave, sick leave, funeral leave, leave of absence, holiday leave, disability leave, military leave or any other approved leave shall be excluded in computing entitlement to overtime compensation under this section.
(5) Notwithstanding subsection (4) above, vacation, sick or holiday leave hours shall be considered hours worked for overtime purposes for members of the division of fire and emergency services while working on regularly scheduled 24-hour-on/48-hour-off duty shifts.
In the event, however, a member of the division of fire and emergency services is called back to work on a scheduled day off, only those hours actually worked during the week, excluding sick, vacation or holiday leave hours, shall be counted, in determining the number of hours for which overtime wages shall be paid for the extra day or days.
(6) Where an employee in a single workweek works at two (2) or more different types of urban county government work for which different nonovertime rates of pay have been established, his hourly rate for that week is the weighted average of such rates. That is, his total earnings are computed to include his compensation during the workweek from all such rates, and are then divided by the total number of hours worked at all jobs.
(7) At the time the payroll report is submitted to the division of human resources, the chief shall submit to the chief administrative officer a report stating which employees worked overtime and the necessity therefor. No member of the division of fire and emergency services or division of police exempted by subsection (1)(a) shall receive overtime compensation.
(8) Those members in the division of fire and emergency services who are listed on the salary schedules set out in section 23-28(b), shall be paid an overtime premium rate for all hours of unscheduled overtime. As used in this section, unscheduled overtime shall mean any hours worked during one (1) week in excess of those resulting from the regular twenty-four (24) hours on forty-eight (48) hours off schedule. The premium rate for each hour of unscheduled overtime shall be one point five (1.5) times the result of the member's hourly rate pursuant to section 23-28(b) being multiplied by 3328 hours and divided by 2080 hours.
(Ord. No. 135-82, § 1, 7-29-82; Ord. No. 56-83, § 3, 4-7-83; Ord. No. 182-83, § 1, 10-6-83; Ord. No. 155-87, § 1, 7-9-87; Ord. No. 116-96, § 27, 6-27-96)