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12-06-2007, 10:42 PM
| | Junior Member | | Join Date: Jun 2004
Posts: 15
| | | Sick Use and OT Question
What is the name of your state? CA
I work for a CA. County Gov. I have an 84-hr pay period. We have a supervisor that submitted a proposal that if we call in sick for a day (burning sick time), which would make us "work" less than 84-hrs and then have OT during the pay period, the supervisor is saying we should not receive OT pay for the OT day since we did not work the 84hrs, is this legal? He states we should not receive OT pay unless we have over 84hrs "worked" and sick pay does not count. |
12-06-2007, 10:51 PM
| | Senior Member | | Join Date: Apr 2007 Location: Somewhere over the rainbow
Posts: 6,095
| | | Sick pay doesn't count... and from one county employee to another, that's the way we do it down here...
Read your MOU, you may get some clarification there. If not, call your union.
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CC's rule of life #1.2:
Parents: If you give your children the opportunity to learn how to live without you, don't be mad years from now when they do. In order to have a relationship with your children, you have to stay INVOLVED with your children. At all costs, even if it makes the CP or your kids mad. |
12-06-2007, 10:58 PM
| | Junior Member | | Join Date: Jun 2004
Posts: 15
| | Quote:
Originally Posted by CourtClerk  Sick pay doesn't count... and from one county employee to another, that's the way we do it down here...
Read your MOU, you may get some clarification there. If not, call your union. | So if you call in sick and don't work your 80hrs you will not get paid OT?
My MOU states:;
5.3. Overtime
For the purposes of determining an employee's eligibility for overtime compensation, all
straight time hours on payroll shall be considered "hours worked".
Since sick time is paid in straight time on payroll should this not trump the supervisor? |
12-06-2007, 11:01 PM
| | Senior Member | | Join Date: Apr 2007 Location: Somewhere over the rainbow
Posts: 6,095
| | | Nope, and we've gone back and forth and back and forth again about this with our union...
Straight time is consider hours worked. You didn't work to get your sick time. I just got a copy of our updated MOU, let me see what ours says on the subject.
__________________
CC's rule of life #1.2:
Parents: If you give your children the opportunity to learn how to live without you, don't be mad years from now when they do. In order to have a relationship with your children, you have to stay INVOLVED with your children. At all costs, even if it makes the CP or your kids mad. |
12-06-2007, 11:11 PM
| | Senior Member | | Join Date: Apr 2007 Location: Somewhere over the rainbow
Posts: 6,095
| | | Here's how mine reads:
The Court will provide paid or accumulated compensatory overtime for all hours worked in excess of forth (40) hours in one week. "Hours worked" will be calculated as provided for by the Fair Labor Standards Act, 29 U.S.C. 201, et seq. Hours worked do not include time for which persons are compensated but do not actually work: including but not limited to sick leave and vacation pay, with the exception that those hours paid during a work week for a regular Court holiday will be counted in calculating hours worked for overtime purposes.
So, we make a distinction...you may want to contact your union rep
__________________
CC's rule of life #1.2:
Parents: If you give your children the opportunity to learn how to live without you, don't be mad years from now when they do. In order to have a relationship with your children, you have to stay INVOLVED with your children. At all costs, even if it makes the CP or your kids mad. |
12-07-2007, 03:28 AM
| | Member | | Join Date: Aug 2006
Posts: 171
| | | My husband isn't a gov. employee but he is union. They work 40hr pay periods(paid weekly) with OT over 40. If they call in sick they are still paid any overtime they worked or will work in the rest of the pay period. I guess we are lucky. I didn't realize many places don't do it that way. |
12-07-2007, 07:13 AM
| | Junior Member | | Join Date: Jun 2004
Posts: 15
| | Quote:
Originally Posted by IrishNodak My husband isn't a gov. employee but he is union. They work 40hr pay periods(paid weekly) with OT over 40. If they call in sick they are still paid any overtime they worked or will work in the rest of the pay period. I guess we are lucky. I didn't realize many places don't do it that way. | This is how we are paid at this time, I think it's the way our county does it, and this supervisor is trying to make a name, hopefully he'll fall flat on his face !!!! |
12-07-2007, 09:51 AM
| | Senior Member | | Join Date: Apr 2007 Location: Somewhere over the rainbow
Posts: 6,095
| | Please see cbg's (an HR expert) response below. It was in the other thread Quote:
Originally Posted by cbg Overtime is paid on hours worked, not on hours paid. If you did not work, those hours do not count towards overtime calculations. |
__________________
CC's rule of life #1.2:
Parents: If you give your children the opportunity to learn how to live without you, don't be mad years from now when they do. In order to have a relationship with your children, you have to stay INVOLVED with your children. At all costs, even if it makes the CP or your kids mad. |
12-08-2007, 07:34 AM
| | Member | | Join Date: Nov 2007
Posts: 59
| | Quote:
Originally Posted by IrishNodak My husband isn't a gov. employee but he is union. They work 40hr pay periods(paid weekly) with OT over 40. If they call in sick they are still paid any overtime they worked or will work in the rest of the pay period. I guess we are lucky. I didn't realize many places don't do it that way. |
This is how it's was done at our shop. Until some started abusing the system. Working unneeded OT on Thursday, then taking of early on Friday. 
It's now back to over 40.
__________________
I'm not an attorney or in law enforcement.
Just curious.
|
12-08-2007, 10:03 AM
| | Junior Member | | Join Date: Jun 2004
Posts: 15
| | Quote:
Originally Posted by milk man This is how it's was done at our shop. Until some started abusing the system. Working unneeded OT on Thursday, then taking of early on Friday.
It's now back to over 40. | Thats what our problem is, people working 3-4 days OT then calling in sick on the regular shift. I think our county might consider sick pay as straight time and thats why it is done, at least for now. |
12-08-2007, 11:27 PM
| | Member | | Join Date: Nov 2007
Posts: 59
| | Quote:
Originally Posted by fred82 Thats what our problem is, people working 3-4 days OT then calling in sick on the regular shift. I think our county might consider sick pay as straight time and thats why it is done, at least for now. | There are always jokers that ruin a good deal for everyone.
Instead of dealing with the jokers the bosses just say okay, everyone is reduced.
And the most pitiful thing......the chief offenders are long gone from the company.
__________________
I'm not an attorney or in law enforcement.
Just curious.
|
12-09-2007, 01:13 AM
| | Junior Member | | Join Date: Jun 2004
Posts: 15
| | Quote:
Originally Posted by milk man There are always jokers that ruin a good deal for everyone.
Instead of dealing with the jokers the bosses just say okay, everyone is reduced.
And the most pitiful thing......the chief offenders are long gone from the company. | Thats how I feel, they will not take on the offenders but have no problem attacking the whole.
It's like if a few people got the flu, they would kill every body as a way to solve the problem. | |
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