KENNETH L. HERMON, JR., PHR, IPMA-CP

Transcription

1 CERTIFICATION Copy below is hereby certified to be a true and correct copy of regulations repealed, amended and adopted, pursuant to authority granted in 3 V.I.C. 452 (b)(7), by the Director of Personnel. KENNETH L. HERMON, JR., PHR, IPMA-CP Date:

2 DIVISION 10. HOURS OF WORK AND HOLIDAYS The existing Section , Title 3 V.I.R. & R., Hours of Work; overtime, is hereby repealed and the following language at Sections through d are adopted: Policy Statement Regular attendance and punctuality by employees are important elements in the Government s efforts to maintain high levels of productivity and achieve the Government s goals. Reassigning employees or revising schedules to accommodate absences or tardiness puts an unnecessary burden on co-workers. Under the best of circumstances, the Government recognizes that an employee may have to miss work due to illness or come in late from time to time for legitimate reasons. The rules and regulations set forth below are designed to provide heads of departments, agencies, offices, directorates, bureaus, commissions and employees thereof with guidelines to manage attendance a. Hours of Work; Breaks; Lunch; Overtime; Annual Leave (1). Unless otherwise dictated by the nature of the employee s job title, shift or other determining factor, the normal working hours for employees are 8:00 a.m. to 5 p.m. (2). Unless employee s job title or position dictates otherwise, each employee is entitled to a one (1) hour lunch break. Employee s supervisor has the authority to schedule the lunch break between certain hours as dictated by the employee s work hours and shift, or due

3 to any extenuating circumstances that may require a different lunch break. If an employee is required to work through the lunch break by management, that time will be compensable. For those employees whose work hours are normally 8:00 a.m. to 5:00 p.m., the one (1) hour break must be taken between the hours of 12:00 noon and 2:00 p.m. unless extenuating circumstances, approved by employee s supervisor, require an alternate lunch period. (3). Employees are entitled to two (2) fifteen (15) minute breaks during their eight (8) hour workday, between the hours of 9:30 a.m. and 11:00 a.m. and between 2:30 and 4:00 p.m., at times scheduled by their supervisor, unless the employee s job title or position dictates otherwise. The two (2) fifteen (15) minute breaks shall not coincide or add to the employee s lunch break or added together at any one time to total thirty (30) minutes. Under no circumstance, for any reason, shall an employee be permitted to accumulate his/her the break period from day to day. (4). All requested adjustments to an employee s time sheets shall be brought to the attention of the employee s immediate supervisor or head of the department, agency, office, bureau or commission within the payroll period/cycle. The authorization for any adjustment to the time sheets must be justified and authorized by the immediate supervisor or agency head within the same payroll period/cycle and employees will be notified of such modifications. (5). Employer may use any timekeeping system of its choice, such as time cards, time clocks, or time keepers, so long as the method used is accurate and complete. Said hours of work in either timekeeping system must be rounded up or rounded down to the nearest quarter hour. The payroll records and records upon which payroll computations are made must be kept by the employer at the work place or a central records site for a minimum of three years.

4 All time cards, other timekeeping devices or processes will be submitted to the appropriate office or division of the employer no later than Wednesday 12:00 noon on the day of the employee s pay week. The employee must receive requisite overtime pay if when rounding the hours worked there is an indication that overtime compensation is required for the day or week worked. It shall be grounds for termination if any employee or his/her supervisor falsifies the records or the timekeeping device or method utilized by the employer. The records kept by the employer which assist in timekeeping shall contain, at a minimum, information as to the employees name, social security number, address and zip code, birth date, sex and occupation, time and day of workweek commencement, hours worked each week, basis upon which wages are paid, regular hourly pay rate, total daily or weekly pay rate, total overtime earnings, additions to or deductions from employee s wages, and total wages paid each pay period b. Disciplinary Action (1) Unless specifically stated differently in collective bargaining agreement, all unionized and non-unionized employees have a seven (7) minute grace period for arrival to work and return from lunch. After seven (7) minutes, employee will receive a tardy notation on the employee s time sheet. The sum of money will not be reduced from employee s salary unless more than twenty nine (29) minutes of tardiness is accumulated in a single pay period.

5 (2) Any reduction in pay from an employee s work in a single pay period as a result of tardiness will result in Leave Without pay (LWOP) unless it is specifically stated in the employee s Collective Bargaining Agreement that they can offset LWOP with annual leave. In no instance will any employee be able to use sick leave to offset LWOP. (3) An employee who arrives after the seven (7) minute grace period shall have the tardy notation rounded up to the closest quarter hour mark of arrival. (4) During a six month period, an employee who has six (6) tardy or missed punch occurrences will receive a verbal warning by his/her supervisor. After nine (9) tardy or missed punch occurrences the employee shall receive a written warning from his/her supervisor. An employee who has twelve (12) tardy or missed punch occurrences shall be referred to the Employee Assistance Program. Failure to complete this mandatory EAP program may result into further disciplinary action. Any subsequent tardiness will result in a two (2) day suspension without pay. 5) Repeated tardiness may lead to further disciplinary action up to and including termination. (6) Every January 1 and July 1 the accumulation of tardy occurrence will reset c. No-Call - No-Show; Absences An employee must inform his/her immediate supervisor or department of an absence from work or notice of late arrival to work or from lunch no later than fifteen (15) minutes after the employee s scheduled reporting time. A department with unique services may with the written consent of the department head to adopt their own notification requirement. Failure to notify the immediate supervisor or department head of absence or lateness may subject

6 employee to pay roll deduction, suspension of employment, and/or disciplinary action as follows: First failure to notify of absence or lateness - verbal warning; Second failure to notify of absence or lateness - written warning; Third failure to notify of absence or lateness two (2) day suspension without pay Next instance of failing to notify of absence of lateness - termination of employment d. Abandonment of work An employee who remains absent from his/her place of employment for three (3) consecutive days without having notified his/her direct supervisor or department head verbally or in writing will be presumed to have voluntarily resigned from his/her employment. Subchapter 558. Within Grade Increases Subchapter 558, Title 3 V.I. R. & R. is amended to add the following Sections which read: 558b-1. Work on Sundays; union and non-union employees; shift employees Regular classified, non-union employees, who regularly work between Monday and Saturday, are entitled to compensation at twice the normal rate of pay for each hour worked on Sunday. Union employees who work on Sunday are entitled to be paid in accordance with the terms of his/her collective bargaining agreement. This rule does not apply to shift employees whose work schedule that includes Sunday as a regular work day for the pay period, or to temporary or part-time employees called to work on an as needed basis.

7 558b-2. Work on official government holidays; administrative holidays Classified employees who are required to work on an official Virgin Islands government holiday are entitled to receive compensation at twice their normal rate of pay for each hour worked. However, this rate of pay shall not include work performed on administrative days granted by the Governor. Full- time temporary employees paid on an hourly basis are entitled to all the benefits of permanent classified government employees for each regular government holiday. Unclassified employees paid on an hourly basis shall receive compensatory time at a rate equal to two (2) hours for each hour worked on the government holiday. 558b-3. Authorization for overtime work No employee shall perform overtime work for overtime pay without the prior knowledge and consent of the employee s department head. Benefits Subchapter 560(b).Overtime and Holiday Pay; Compensatory Time; Dual Employment 560(b)-1. Overtime, holiday pay; compensatory time; classified and unclassified employees Classified and non-union employees will be paid at the rate of one and one-half the normal rate for all hours worked in excess of forty (40) hours per seven day period. Overtime should be

8 calculated based on actual hours worked, excluding any annual leave or sick leave that may be utilized during a given workday or workweek. Unclassified employees are not entitled to overtime payment. Agency heads, assistant agency heads and senior staff to the Governor are not eligible to receive compensatory time. All other unclassified employees can receive compensatory time for all hours worked over 50 hours per week. 560(b)-2. Employees may work in no more than two separate positions for the government. Employee understands that any overtime accrued will be paid in accordance with the laws of the Virgin Islands of the United States and/or the federal government whether in terms of cash compensation or compensatory time. The employee further understands that the secondary employment shall not interfere with or in any manner conflict with the employee s primary employment duties. Employee will be required to complete a form for dual employment that will contain information employer(s) deem appropriate. At a minimum, the form will contain the information set forth on the suggested form set forth below. Nothing written or signed on the form, however, shall be construed as an amendment to any agreement the employee has previously entered into with the Government of the Virgin Islands, employee s primary or secondary employer(s), or any union contract between the Government of the Virgin Islands and employee s collective bargaining organization, if any. Employee shall continue to adhere to each of the administrative policies, directives and rules and regulations of the primary and secondary employers while in said dual employment.

9 If overtime payment is due the employee by virtue of territorial and/or federal law, the primary and secondary employer will coordinate the work hour totals to assure employee that overtime requirements are met by each employer and requisite annual and sick leave, if any, are received by the employee.

10 Office of the Governor Kenneth L. Hermon, Jr. PHR Director GOVERNMENT OF THE VIRGIN ISLANDS OF THE UNITED STATES DIVISION OF PERSONNEL 3438 Kronprindsens Gade, GERS Building, 3 rd Floor, Charlotte Amalie, St. Thomas, V.I , (340) FAX (340) Orange Grove Shopping Center, Bays # 6, 7, 8, Christiansted, St. Croix, V.I , (340) FAX (340) DUAL EMPLOYMENT FORM "Doing the People's Business" NOTICE: This Form will be used by the Government of the Virgin Islands, Director of Personnel and/or the Department of Finance, and the Primary and Secondary Employer named below to document approval of dual employment of the employee described herein and authorize overtime pay requirements consistent with Virgin Islands and federal laws. The responsible department will accept the overtime responsibility and each employer and the employee will complete and sign this Form where appropriate. The completed Form will be submitted to the Director of Personnel who will in turn forward the same to the Department of Finance with copies to the appropriate Primary and Secondary Employer. Employee Name: EIN No.: Department or Agency: Primary Employer Information Secondary Employer Information Dept./Agency Head: Address: Address: Phone: Fax: Phone: Fax: Employee s Title and Code: Status: Full Time: Full Time: Part Time: Part Time: Temporary: Temporary: Classified/Non-exempt: Classified/Non-exempt: Unclassified/exempt: Unclassified/exempt: Hours, Days Hrs per day: Hrs per day: Hrs per week: Hrs per week: Days per week: Days per week: Salary Pay per Hr.: Pay per hr.: Description and Duration of Secondary Employment:

11 Employee understands and agrees that he will be employed in a dual employment capacity with the Government of the Virgin Islands. Any overtime accrued will be paid in accordance with the laws of the Virgin Islands of the United States and/or the federal government whether in terms of cash compensation or compensatory time. The employee further understands that the secondary employment shall not interfere with or in any manner conflict with the employee s primary employment duties. Further, employee understands and agrees that nothing written or signed on this Form shall be construed as an amendment to any agreement the employee has previously entered into with the Government of the Virgin Islands, employee s primary or secondary employers, or any union contract between the Government of the Virgin Islands and employee s collective bargaining organization, if any. Employee s conduct shall continue to adhere to the administrative policies, directives and rules and regulations of the primary and secondary employers while in said employment. If overtime payment is due employee by virtue of territorial and/or federal law, the primary and secondary employer will coordinate the work hour totals to assure employee that overtime requirement are met. Signature of Employee Date: Signature of Head of Primary Employer Date: Signature of Head of Secondary Employer Date: RESPONSIBLE DEPT./AGENCY FOR OVERTIME: Primary Employer: Yes: No: Secondary Employer: Yes: No: REVIEWERS Director, Department of Personnel Date: Comments: Commissioner of Finance Date: Comments: