Professional Services Unit
TO: Presidents, State-operated Campuses
During negotiations for the 1995-99 Agreement, the parties agreed to place their existing understandings regarding compensatory time off in an appendix to the Agreement. Those understandings are contained in a series of memoranda promulgated by the University following discussions with UUP or its predecessor ininterest beginning in 1972 and thereafter updated and reissued in 1983, 1987 and 1992. This memorandum is intended to summarize and consolidate the currently applicable provisions of those memoranda, but is not intended to alter the understandings of the parties with respect to compensatory time. These source documents should be consulted in the event that further clarification is required on any specific matter.
The first type of compensatory time is accorded under Subdivisions 23.5(b), (c) and (d) of the State-UUP Agreement. An employee eligible to observe holidays but who is required to work on a holiday is entitled to a compensatory day off when the holiday falls on a Saturday, a Sunday, or a pass day, provided however that an employee who is eligible to observe Thanksgiving or Christmas is entitled to one and one-half compensatory days off for working each of those holidays. Holiday compensatory days off are used within one year of accrual at times mutually convenient to the employee and the University, or they are forfeited as provided in Article 23.5d.
A second type of compensatory time is accorded to those managerial and professional employees whose service exceeds their normal professional obligation. It should be noted that this situation arises when that work does not fall within the definition of extra service. Such additional efforts should be recognized by "compensatory" time off at a later date. This compensatory time should be scheduled at a mutually convenient time to the employee and the University. This type of compensatory time has been in place within the University since the June 21, 1972 Memorandum to Presidents on the subject from Kenneth MacKenzie, which provided:
No member of the professional staff (with the exception of non-exempt employees under the Fair Labor Standards Act) is eligible for payment of overtime. Thus, for example, additional payment to an associate dean for evening or weekend service is not possible. If such service is required by the Chief Administrative Officer, it should be officially recognized by compensatory time off at a later date.
There also has been a concern that employee absences due to use of compensatory time (other than holiday compensatory time referred to in Section 23.5 of the Agreement) be reconciled with required attendance reporting. This may be done by making available the following model form designed for use by employees and their supervisors regarding the use of such time.
TO: Professional Employee
This memorandum shall confirm our mutual agreement that you will not be reporting to your work station on (DATE) for the full time that office is normally open. The use of this time is in recognition of the services you have performed beyond your normal professional obligation as provided for under this memorandum. For attendance purposes, you are regarded as having been present on that date sufficient to meet your required professional obligation.