155.11 OVERTIME AND COMPENSATORY TIME.

   (a)   Overtime shall be paid at the rate of 1 and 1/2 hours for each hour over 40 worked in a week.

   (b)   Full-time employees, other than those considered exempt, of the Village of Windham may be entitled to compensatory time (accrued at 1 and 1/2 hours for each hour of overtime) instead of paid overtime.  The Council may from time to time establish the use of compensatory time for individual departments if the situation necessitates such a policy.

      (1)   All overtime (or compensatory time) shall be approved in writing by the respective Department Head for the pay period in which it is earned (accrued).

      (2)   The Village shall retain the right to pay compensatory time in cash rather than in time off.

   (c)   Use of Compensatory Time.  Requesting for compensatory time off:

      (1)   A.   Request for compensatory time off must be submitted in writing 72 hours in advance of the anticipated time off.  Such request shall be given reasonable consideration.

         B.   Employees shall make request to their Department Head and Department Heads before taking any compensatory time off shall have the approval of the Mayor or his/her delegate.

      (2)   Granting of compensatory time off.

         A.   Compensatory time off shall be granted subjected to the operational needs of the department.

      (3)   Cashing of compensatory time in.

         A.   Compensatory time can be transferred into cash award to the employee at the current rate of pay at time of request.  All requests shall be in writing to the Department Head.  The Department Head will make request known to their Council committee for approval.

         B.   Upon retirement or any other employment termination, the employee will be paid for any compensatory time accumulated at the current wage rate.

      (4)   A Department Head may designate when employees shall take compensatory time at his discretion.

      (5)   Compensatory time used by the employee shall not be considered time worked other than for computing sick time and PERS.

   (d)   Maximum Accrual of Compensatory Time. 

      (1)   Employees generally may accrue up to existing hours (40) hours of compensatory time.  When the maximum hours of compensatory time accrual is rendered, payment for overtime shall be made in cash.

      (2)   Each employee shall be paid in full or use comp time by December 31 of each year. 
(Ord. 0-2007-5.  Passed 5-15-07.)

   (e)   Utility Department Laboratory and Testing Overtime.

      (1)   Utility Department employees who are required to be on site at either the water or wastewater treatment plants for laboratory, water testing or emergency matters shall receive pay at one and one half times their regular pay under the following circumstances:

         A.     If the employee has already worked forty (40) hours in the applicable pay period,

         B.     If the day the employee is on site is a Holiday as determined by Codified Ordinance 155.05.

       (2)   In the event a Utility Department employee is required to come to the site of either the water or wastewater plant on a weekend or a day established as a Holiday (by Section 155.05) for the purpose of performing a laboratory test, to obtain a water sample, or to respond to an emergency, the employee shall be compensated for two hours of work, regardless of the amount of time spent in completing the task causing the call to work.  The minimum payment of two hours established in this section shall apply each time an employee is required to come to the respective plant.  The rate of pay under this subsection (e)(2) hereof shall be at the employee's usual rate of pay and if applicable shall be adjusted in conformity with subsection (e)(1) hereof.

      (3)   Compensation earned under this subsection (e) hereof shall be paid at the employee's next regular pay day and such pay shall not be eligible to be accrued as compensatory time.

         (Ord. 2021-9.  Passed 7-27-21.)