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Legal requirements for use of comp time

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Junior Member
What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?Minnesota

I am a teacher. My profession is exempt from the overtime laws. I completed some extra work and my compensation is a paid day off, which we have been calling a comp day.

My intention had been to use the comp day in September because my wife and I are expecting a child then. When I mentioned this to my boss I was informed that the comp day needed to be used by the end of May because that is the end of the school year.

In the past when people have requested to save a comp day until the next school year it had never been a problem. However, my boss and I do not get along very well and my instincts tell me he is just trying to be a jerk about this.

Comp time is not mentioned at all in our union contract. I have found contradicting legal information on comp time when researching this issue.

Here are my questions:

1. Comp time is covered under overtime laws. Since my profession is exempt from the overtime laws, do the portions of the overtime laws pertaining to comp time still apply?

2. Since previous practice has always been to approve employee requests to save comp time to use the next school year, is it legal for them to turn me down just because they want to?

3. If I do not use the comp time this school year, will I lose it? If I lose the day off would they need to compensate me some other way?


Senior Member
Compensatory time for exempt employees is not covered by any labor law, either federal nor state. An employer does not have to offer comp time at all to such employees and, as a matter of fact, it is very rare, especially for nongovernmental employers. Since such comp time is not required by law, the employer can set any restrictions it likes on the use of such time. You have no legal recourse here. However, if you are covered under a collective bargaining agreement which addresses this situation in your favor, you can speak with your union representative. Other than that, you must follow the employer's rules.

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