Explanation of Exempt / Non-Exempt

Non-Exempt
A non-exempt class is a class that has been designated as not exempt from the maximum hours and overtime pay requirements of the Fair Labor Standards Act (FLSA). Employees in positions designated as non-exempt who work more than 40 hours during a workweek must be paid overtime at time and a half for all hours worked over 40.   This group includes OPS hourly, USPS Non-exempt, and A&P Non-exempt.

Exempt
An exempt class is a class that has been designated as exempt from the maximum hours and overtime pay requirements of the FLSA.  This group includes Faculty, A&P Exempt, USPS Exempt, and OPS Contract.

Lunch Break
Non-exempt personnel (A&P Non-Exempt, USPS Non-Exempt and OPS hourly employees) must be afforded an interval of at least thirty (30) minutes for a lunch period and shall not be employed, permitted, or suffered to work for more than five (5) hours continuously without that lunch period. Supervisors determine the scheduling of the lunch breaks for their employees which may normally vary from thirty (30) minutes to one (1) hour within a normal eight (8) hour shift. Employees do not receive pay (non-compensable) for the lunch break.

Certified law enforcement personnel, nurses, identified Facilities and Safety personnel and other identified positions designated as non-exempt, due to the nature of the work, may be excluded from the five (5) hour university business practice regarding a lunch break.  To reiterate, employees do not receive pay if a lunch break is taken (non-compensable).

Please refer to Work Breaks for more information.

Leave Accruals, Maximum Balances, and Payouts

LEAVE ACCRUAL Sick leave: Annual Leave:
Executive Service 5 hours per pay period 9.195 hours per pay period
A&P Exempt/12 Month Faculty/USPS Exempt

*Includes In-Unit UFF Non-Exempt

4 hours per pay period 6.77 hours per pay period
A&P Non-Exempt 4 hours per pay period 6 hours per pay period
*USPS Exempt to Non-Exempt (hired prior to 11/18/16- grandfathered) 4 hours per pay period 6 hours per pay period
9 Month Faculty 4 hours per pay period None
USPS Non-Exempt 0 – 5 Years service 4 hours per pay period 4 hours per pay period
USPS Non-Exempt 5 – 10 Years service 4 hours per pay period 5 hours per pay period
USPS Non-Exempt 10+ Years service 4 hours per pay period 6 hours per pay period
Post Doctoral Associates (prorate < 1 year) 5 days per Academic Year 10 days per Academic Year
Phased Retirees 5 days per full time semester appointment 5 days per full time semester appointment (for former 12-month faculty)
Federal Contract Workers – Subject to Executive Order 13706 – OPS 7 days per year None
Medical Residents – First Year 10 days per Academic Year 3 weeks per Academic Year (5 working days plus 2 weekend days)
Medical Residents – All Other 10 days per Academic Year 4 weeks per Academic Year (5 working days plus 2 weekend days)

 

MAXIMUM ANNUAL LEAVE BALANCE (excess is converted to sick leave on Jan 1 *There will be no retroactive adjustments.) Annual Leave
Executive Service 480 hours
A&P/12 Month Faculty/USPS Exempt (USPS Exempt to Non-Exempt hired before 11/18/16 grandfathered in at 352 hours maximum) 352 hours
USPS Non-exempt 240 hours

 

Leave Payouts

Permanent University employees are eligible to receive remaining leave balances paid out in a lump sum (net of taxes). The maximum hours payable are contingent upon employee class.

LEAVE PAYOUT Annual Overtime Comp Special Comp
Executive Service 480 NA NA
A&P/12 Month Faculty/USPS Exempt (USPS Exempt to Non-Exempt hired before 11/18/16 grandfathered in at 352 hours maximum) 352 NA NA
USPS Non-Exempt 240 All All

*All USPS classes must attain regular status (come off Probation) in order to be eligible for payout

Any employee (except OPS) with 10+ years of service is also eligible to receive a sick leave payment. The employee will be paid a number of hours equal to one quarter of their post 1973 sick leave balance (not to exceed 480 hours) plus one eighth of their pre-1973 sick leave balances.

Employees eligible to receive a leave payout may be subject to the UCF 401(a) Special Pay Plan.

Post Doctoral Associates’ and Phased Retirees’ leave balances are tracked internally by the department in which they work. It is the responsibility of the department to explain the terms of the leave allocation and track usage and renewal. Post Doctoral Associates and Phased Retirees are not eligible for leave payouts, any unused balances at the end of the academic year will be forfeited.

 

 

 

Administrative Leave

(a) Jury Duty – Employees shall be given administrative leave for jury duty. Hours provided must not exceed the number of hours in the employee’s normal workday. If jury duty does not require absence for the entire workday, the employee shall return to work immediately upon release by the court. If the jury duty does not coincide with the regular work schedule, the employee shall be granted administrative leave based on the total hours served on jury duty and such leave shall be granted on the next scheduled work shift. The employee shall retain any jury pay. A copy of the jury summons must be attached to the employee’s timesheet, and kept in the department’s files. Do not forward the summons to Human Resources.

(b) Summons
– An employee summoned as a witness in a matter not involving personal interests. Administrative leave shall not be provided to an employee serving as an expert witness. Witness pay shall be retained by the employee. A copy of the jury summons must be attached to the employee’s timesheet, and kept in the department’s files.

(c) Olympians – Administrative Leave shall be provided for athletic competition in Olympic events per Section 110.118, F.S.

(d) Bereavement – A&P Non-Exempt and USPS Non-Exempt employees shall be provided up to two days of administrative leave upon the death of an immediate family member (spouse, grandparents, parents, children, grandchildren, siblings) of the employee, or the employee’s spouse. The name and relationship of the deceased relative should be documented on the Leave & Pay Exception Report.
Note: A&P Exempt, 12-month Faculty and USPS Exempt employees may use Sick Leave or Annual Leave. 9-month Faculty employees may use Sick Leave.

(e) Emergency Closing – Administrative leave shall be provided for official emergency closing of University facilities. Only employees scheduled to work during the time of the emergency closing shall be provided leave.

(f) Disaster Volunteers – The President or designee may provide administrative leave for Florida Disaster Volunteers in accordance with Section 110.120, F.S.

(g) Civil Disorder or Disaster – The President or designee may grant up to two days of administrative leave for civil disorder or disaster for an employee who is a member of a volunteer emergency response team.

(h) Voting – The supervisor may provide administrative leave up to two hours for voting in public elections when it is not possible for the employee to vote outside of their normal work schedule. If early voting procedures are in effect, employees are not eligible for this benefit. The employee must request this leave in advance.

(i) Investigation – The president or designee may place a faculty member under investigation on leave up to the length of the investigation. For A&P and USPS employees, the Chief Human Resources Officer or designee may place an employee under investigation on leave up to the length of the investigation.

(j) Reduced pay or Dismissal – The President or designee may place an employee on administrative leave between the notice of reduction in pay, suspension, or dismissal and the effective date of such action. For A&P and USPS employees, the Chief Human Resources Officer or designee may place an employee on administrative leave between the notice of reduction in pay, suspension, or dismissal and the effective date of such action.

(k) Damages – The President or designee may place an employee on administrative leave when the employee’s presence in the workplace may result in damage to property, or injury to the employee or others. For A&P and USPS employees, the Chief Human Resources Officer or designee may place an employee on administrative leave when the employee’s presence in the workplace may result in damage to property, or injury to the employee or others.

(l) Specific Circumstance -The President or designee and/or Chief Human Resources Officer or designee may place an employee on administrative leave if deemed appropriate to unique or specific circumstances and/or in the best interest of the university.

 

OPS hourly employees do not receive pay for time not worked. OPS hourly employees do not accrue leave or paid time off days.

 

Military Training – An employee who is a member of the United States Armed Forces Reserve, including the National Guard, shall (upon presentation of a copy of the employee’s official orders), be granted administrative leave during periods in which the employee is ordered to duty for training. Whether continuous or intermittent, such training pay shall not exceed 240 hours in any one fiscal year (July 1 – June 30).

Veteran’s Medical Exam – An employee who has been rated by the Veteran’s Administration to have incurred a service-connected disability and has been scheduled by the Veteran’s Administration to be reexamined or treated for such disability shall, upon presentation of written confirmation of having been scheduled, be granted administrative leave, not to exceed 6 days (48 hours) in any calendar year, per Section 110.119 F.S.

Time Worked (Not Administrative Leave)

Interviews or Examinations – For positions within UCF (report on timesheet as hours worked). All other interviews and/or examinations require an employee to utilize accumulated leave or leave without pay.

Job Related Conferences or Training – Time spent during the employee’s normal working hours is reported on the timesheet as hours worked. Time spent at social functions (example: award dinners) is not counted as time worked.

Travel Time

 

Holidays

University of Central Florida Policy No. 2-002.2 recognizes specified days as university holidays. This policy applies to all regular employees and all departments, units, or divisions of the university. Regular employee is defined as any person employed by the university in a regular, benefits-earning position. This definition includes part-time personnel who work at least half-time on continuing appointments.

The university designates nine paid holidays annually for regular employees:

  • New Year’s Day – January 1
  • Martin Luther King, Jr.’s Birthday –third Monday in January
  • Memorial Day – last Monday in May
  • Independence Day – July 4
  • Labor Day – first Monday in September
  • Veteran’s Day – November 11
  • Thanksgiving Day – fourth Thursday in November
  • Day after Thanksgiving – fourth Friday in November
  • Christmas Day – December 25

Designated holidays will be observed on the calendar days on which they fall. However, legal holidays occurring on Saturday will be observed on the preceding Friday and legal holidays occurring on Sunday will be observed on the following Monday.

Each year the Human Resources Department will publish a holiday schedule, with the specific dates of holidays that will be observed. Click here for a list of the holiday dates for the current year.

 

Eligibility

To be eligible for holiday pay, a university employee must be in “active” pay status either by having worked or used leave for 50% of his/her scheduled work day immediately prior to the holiday.

“Active pay status” means that the employee must either be working or using approved compensatory, annual or sick leave to compensate for hours not worked. If the employee does not have sufficient accrued leave to use, the holiday will be unpaid.

Employees, who are scheduled to work but call in sick on the day before a holiday, may be required to present a physician’s statement to substantiate the illness prior to authorization for payment of the holiday.

Employees on leave without pay or in a non-pay status on the scheduled work day immediately prior to the holiday are not eligible for holiday pay.

Any employee not on contract when the holiday occurs will not be paid for that holiday.

OPS hourly employees do not receive pay for time not worked. OPS hourly employees do not accrue leave or paid time off days.

Injured Employees on Workers’ Compensation Benefits

When a holiday occurs during the first seven (7) calendar days or 40 intermittent hours of a disability, injured employees are eligible for holiday pay on that day rather than disability.

When a holiday occurs after the first seven (7) calendar days or 40 intermittent hours of a disability:

  • Injured employees who are supplementing workers’ compensation payments the day before the holiday, are eligible to take holiday pay for 2.75 hours, (the number of hours normally used to supplement workers’ compensation), if he/she uses 2.75 hours of accrued leave on that day. The balance 5.25 hours will be paid by the Division of Risk Management.
  • Injured employees who are not supplementing workers’ compensation payments the day before the holiday will not receive holiday pay.

Holiday Hours Earned

The holiday is considered to be eight hours for full-time staff. A regular part-time employee who works at least half-time is entitled to observe the same holiday, however, the holiday pay is a lesser amount as prorated by FTE.

Employees who normally work varied hours (i.e. four ten-hour days) will receive eight holiday hours of compensation, even though they normally work a 10-hour day. A maximum of eight hours will be credited towards their 40-hour basic work week requirement. Employees scheduled to work a 9-hour day (or more based on the schedule), must make up the 1 or 2 hour difference with a charge to accumulated compensatory or annual leave. Employees assigned to non-traditional work schedules, the holiday dates shall be approved by the director of Human Resources.

Early Release

University Departments may authorize early release on the last scheduled workday prior to the holiday as long as the staff record usage on his/her Leave and Pay Exception Report (LAPER) as annual leave, special or over-time compensation taken, or leave without pay for the early release time taken. However, employees must be in “active pay status” for at least 50 percent of his/her scheduled work day immediately prior to the holiday.

Hours Worked

If an A&P Non-Exempt or USPS Non-Exempt employee’s work hours for the workweek when combined with holiday pay does not equal 40, an employee should use accumulated leave or leave without pay to bring their balance for the workweek to 40 hours.

Hours physically worked over 40 are overtime pay. If the person physically worked less than 40 hours, but when combined with the holiday hours the total exceeds 40, those excess hours should be paid at straight time. Those hours should be documented on the Leave and Pay Exception Report (LAPER) during payroll process with code EXC.

Paid Personal Leave Days (Additional Days Off)

Besides the nine holidays listed additional paid personal leave days, may be granted only by action of the President of the University of Central Florida. Although the vast majority of university offices are listed as closed during these days, certain employees may be deemed essential and will be required by the appropriate supervisor to work during the period of closure.

Eligibility

To be eligible for additional personal leave days, a university employee must be in “active pay status” by having worked or used leave for 50 percent of his/her scheduled work day immediately prior to the additional personal leave days. “Active pay status” means that the employee must either be working or using approved compensatory, annual or sick leave to compensate for hours not worked. If the employee does not have sufficient accrued leave to use, the additional personal leave days will be unpaid.

If an A&P Non-exempt or USPS Non-Exempt employee’s work hours for the workweek when combined with the paid personal leave day hours exceed 40 hours, those hours should be recorded on an official, internal log of those hours so that the employee (with the supervisor’s approval), can use those hours at a later date before the end of the fiscal year (6/30). The log should be updated to reflect when the hours were used.

If an A&P Non-exempt or USPS Non-exempt employee’s work hours for the workweek when combined with the paid personal leave days do not equal 40, an employee should use accumulated leave or leave without pay to bring their balance for the workweek to 40 hours.

When summed, if an A&P Non-Exempt or USPS Non-Exempt employee physically worked more than 40 hours and also had paid personal leave days, the hours physically worked over 40 would become overtime pay. The paid personal leave hours should be recorded on an official, internal log so that the employee (with the supervisor’s approval), can use those hours at a later date before the end of the fiscal year (6/30). The log should be updated to reflect when the hours were used.

Employees, who are scheduled to work but call in sick on the day before a personal leave day, may be required to present a physician’s statement to substantiate the illness prior to authorization for additional paid personal leave days.

Employees on leave without pay or in a non-pay status on the scheduled work day immediately prior to the additional personal leave days are not eligible for the additional personal leave days pay.

Any employee not on contract when the additional personal leave days occur will not be paid for those days.

OPS hourly employees do not receive pay for time not worked. OPS hourly employees do not accrue leave or paid time off days.

Injured Employees on Workers’ Compensation Benefits

When a paid personal leave day occurs during the first seven (7) calendar days or 40 intermittent hours of a disability, injured employees will use paid personal leave day rather than disability.

When a paid personal day occurs after the first seven (7) calendar days or 40 intermittent hours of a disability:

  • Injured employees who are supplementing workers’ compensation payments the day before the paid personal leave day, are eligible to take pay for 2.75 hours, (the number of hours normally used to supplement workers’ compensation), if he/she uses 2.75 hours of accrued leave on that day. The balance 5.25 hours will be paid by the Division of Risk Management.
  • Injured employees who are not supplementing workers’ compensation payments the day before the paid personal leave days will not receive pay for additional personal leave days.

Hours Earned

The additional paid personal leave day is considered to be eight hours for full-time staff. A regular part-time employee who works at least half-time is entitled to observe the same day, however, the paid personal leave day is a lesser amount as prorated by FTE.

Employees who normally work varied hours (i.e. four ten-hour days) will receive eight hours of compensation, even though they normally work a 10-hour day. A maximum of eight hours will be credited towards their 40-hour basic work week requirement. Employees scheduled to work a 9-hour day (or more based on the schedule), must make up the 1 or 2 hour difference with a charge to accumulated compensatory or annual leave.

Employees assigned to non-traditional work schedules, the paid personal days leave days shall be approved by the director of Human Resources.

Early Release

University Departments may authorize early release on the last scheduled workday prior to the paid personal leave days as long as the staff record usage on his/her Leave and Pay Exception Report (LAPER) as annual leave, special or over-time compensation taken, or leave without pay for the early release time taken. However, employees must be in “active pay status” for at least 50 percent of his/her scheduled work day immediately prior to the paid personal leave days.

Hours Worked

If an employee’s work hours for the workweek when combined with the paid personal leave days do not equal 40, an employee should use accumulated leave or leave without pay to bring their balance for the workweek to 40 hours.

If an A&P Non-Exempt or USPS Non-Exempt employee physically works more than 40 hours and also had paid personal leave days, the hours physically worked over 40 would become overtime pay. Those hours should be entered on the Leave and Pay Exception Report (LAPER) during payroll process. The paid personal leave hours should be recorded on an official, internal log so that the employee (with the supervisor’s approval), can use those hours at a later date before the end of the fiscal year (6/30). The log should be updated to reflect when the hours were used.

If an A&P Non-Exempt or USPS Non-Exempt employee physically worked less than 40 hours, but when combined with the paid personal leave hours the total exceeds 40, those excess hours are placed on the official, internal log to be used at a later date before the end of the fiscal year (6/30) with supervisor’s approval. The log should be updated to reflect when the hours were used. Those hours not used before the end of the fiscal year, June 30th, will be forfeited.

Personal Holiday

Each full-time A&P Non-Exempt and USPS Non-Exempt employee is entitled to one Personal Holiday each year. Each part-time A&P Non-Exempt and USPS Non-Exempt employee is entitled to a Personal Holiday each year, which shall be calculated proportionately to the Personal Holiday granted to a full-time employee. Such Personal Holiday shall be credited to eligible employees on July 1 of each year, and must be used by the employee or forfeited at the close of business on June 30 of the following year.

The employee may not use the Personal Holiday before it is earned.

The hours granted for the Personal Holiday may not be used intermittently; the employee must use the entire 8 hours (or proportionate hours for a part-time employee) during a single work shift.

If the employee terminates before using the Personal Holiday, the Personal Holiday shall be forfeited. The employee is not eligible for payment for the Personal Holiday upon termination.

Compensatory Leave

Overtime Compensatory Leave
Special Compensatory Leave

Overtime Compensatory Leave and Special Compensatory Leave

Accrual

As of 11/17/2016, accruals of Overtime Compensatory Leave and Special Compensatory Leave will no longer be an option for Non-Exempt employees with the exclusion of Police Officers under the Police Benevolence Association union (PBA).   All hours physically worked in excess of 40 in a work week will be paid as overtime (at time and half).   All hours not physically worked in excess of 40 due to a holiday, Personal holiday, or administrative leave will be paid at straight time.  Employees who have existing Overtime and/or Special Compensatory Leave balances should coordinate with their supervisors to use the hours prior to July 1, 2018.  Any employees with an Overtime and/or Special Compensatory Leave balance at that time, will receive a payout to zero out the balance.

Usage

The employee is required to use any part of his/her accrued Overtime Compensatory Leave and/or Special Compensatory Leave before utilizing annual leave.

Use of Overtime Compensatory Leave should be documented in the ‘leave usage’ section of the Leave and Pay Exceptions Report. In the ‘leave type’ column, the employee should indicate ‘OCT’ for Overtime Compensatory Leave taken or ‘SCT’ for Special Compensatory Leave taken. The number of hours used should be entered on the date the hours were used, during the week in which they were used. The total number of hours used for each week should be entered in the ‘total’ column for the appropriate week. Approval of the leave usage is indicated by the supervisor’s initials and the date of approval in the appropriate columns.

The employee may only use the amount of Compensatory Leave that is necessary to bring his/her hours up to 40 hours for the workweek.

Payment

The department head may, at any time, request payment for up to the entire current balance of the employee’s accrued Overtime Compensatory Leave balance and/or Special Compensatory Leave balance by submitting a Request for Compensatory Leave Payout form. In the ‘leave type’ column, indicate ‘overtime comp’, ‘special comp’ or both if applicable. The number of hours for which payment is being requested must be indicated in the appropriate column. The employee’s ‘current balance’, ‘number of hours paid’, and the ‘total amount paid’ columns will be completed by the appropriate Human Resources staff.

This form must be approved by the department head before forwarding to Human Resources Payroll Services for payment.

Special Compensatory Leave for Police Benevolence Association (PBA)

Special Compensatory Leave is defined as leave earned by a Law enforcement officer filling a position in a nonexempt class and is provided as follows:

  • To compensate an employee for a State holiday when the employee observed the holiday and worked
    40 hours the during the week in which the holiday occurred; the holiday falls on the employee’s regularly
    scheduled day off; or the employee is required to work on the holiday.
  • To compensate an employee when he/she uses a personal holiday, and the hours worked plus the hours used for the personal holiday cause the employee’s hours to exceed 40 during a work week.
  • To compensate the employee for administrative leave for jury duty or court appearance when the employee worked 40 hours during the week in which the jury duty or court appearance occurred.
  • To compensate the employee when he/she is required to perform essential duties during an emergency closing for the hours worked during the closing.

Note: Special Compensatory Leave is not used with Paid Personal Leave Days that are granted by the President of the university.

There is no limit on the amount of Special Compensatory Leave a PBA employee may earn.

 

Leave Transfers

Leave Transfers
The University of Central Florida does not participate in a formal leave transfer program with any agency, entity, or other organization.

However, if an employee is interested in transferring leave balances to an accepting employer, please contact payroll@ucf.edu  prior to the termination date. The future employer should send an official note requesting leave balance information directly to Human Resources within 2 weeks of the termination date.

Annual Leave, Sick Leave, and Personal Holiday Transfers Between UCF Departments and/or Changes in Employee Class

Situation Annual Leave Sick Leave Personal Holiday
A&P Non-Exempt or USPS Non-Exempt employee moves to a position in the same class in the same department Employee retains leave Employee retains leave Employee retains leave
A&P Non-Exempt or USPS Non-Exempt moves to any position in the same class in a different department Employee retains leave Employee retains leave Employee retains leave
A&P Non-Exempt or USPS Non-Exempt employee moves to an Exempt A&P or USPS Exempt position in any department Employee retains leave Employee retains leave Must use prior to change or forfeit hours
A&P Exempt or USPS Exempt employee moves to Non-Exempt position in any department Employee retains leave Employee retains leave Gains
A&P Non-Exempt or USPS Non-Exempt moves to a Faculty position (12 month) Employee retains leave Employee retains leave Employee forfeits leave
12-month Faculty moves to 9-month Faculty position Employee is paid for up to 352 hours * Employee retains leave N/A
9-month Faculty moves to 12-month Faculty position Gains Employee Retains Leave N/A

*If an employee is going from 12-month faculty status to 9-month faculty status, and wishes to defer the leave payment, he/she must contact the Benefits Staff and submit the appropriate documentation/forms, as required by law, prior to the processing of the payout.

Compensatory Leave Transfers Between UCF Departments and/or Changes in Employee Class

*All Compensatory time will be paid out by 6/30/18 due to phase out

Situation Overtime Special
Non-Exempt USPS employee moves to a position in the same class in the same department Employee Retains Leave Employee Retains Leave
Non-Exempt USPS employee moves to a position in the same class in a different department Employee is paid for accumulated hours Employee is paid for accumulated hours
Non-Exempt USPS employee moves to an Exempt position in the same department Employee is paid for accumulated hours Employee is paid for accumulated hours