Policy Name Work Hours and Work Schedules

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					State of Louisiana
Department of Culture, Recreation and Tourism


Policy Name:            Work Hours and Work Schedules
Policy Number:          2E-0103
Effective Date:         6/20/05



Authorization:
                        Angèle Davis, Secretary

I.      POLICY

        In compliance with all aspects of federal and state laws and the Department of State Civil
        Service Rules and Regulations, this policy is being established in the Office of the
        Lieutenant Governor (OLG) and the Department of Culture, Recreation and Tourism
        (DCRT) to provide for work hours and work schedules. This policy will inform all
        employees of the rules regarding work hours and work schedules. All rules shall be
        applied and enforced in a fair and consistent manner.

        It is also policy of this Department that the Lieutenant Governor and/or Chief of Staff,
        Secretary, Undersecretary, Assistant Secretaries and Directors may implement flexible
        work hours and flexible work schedules, at their discretion, within the parameters of this
        policy. This authorization may be delegated to Managers and Supervisors within the
        offices, but approval rests with the Appointing Authorities. Flexible work hours, flexible
        work schedules, and breaks are not rights, but privileges granted to employees when
        business necessity allows. Business necessity will take precedence over any individual
        situation.

        The Lieutenant Governor and/or Chief of Staff, Secretary, Undersecretary, Assistant
        Secretaries or Directors may rescind the flexible work hours and/or flexible work
        schedules upon immediate notice if it is determined that such schedules have adversely
        affect or will adversely affect the efficient operation of the office. This policy shall be
        applicable to all employees, but may not be available to all segments of employees due to
        business necessity and/or need for maintaining an efficient and/or operating site, i.e.,
        State Parks that remain open 24 hours a day and 365 days a year, or employees working
        shift or odd-hour schedules.

        The OLG and all offices within DCRT are required to have a written policy
        regarding working hours (use of flexible hours or traditional hours) and leave
        usage. These policies MUST be submitted to Human Resources prior to
        implementation for compliance review.

II.     PURPOSE

        This policy is intended to ensure that each employee understands his/her responsibility in
        the area of attendance and leave to include work hours and work schedules. Further, to
        the extent possible, it is intended to allow employees as much control as possible over
        their working conditions while maintaining an efficient and effective operation. This
        may cause flexible work hours and flexible work schedules to become unavailable to
        certain segments of employees.


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State of Louisiana
Department of Culture, Recreation and Tourism


        Excessive tardiness and absenteeism create an unnecessary hardship for those who are
        responsible for getting the job done. It is necessary for the effective operation of business
        that employees are present and able to perform their job duties when expected.

        Further, the intent of the flexible work schedule is to reduce the amount of leave required
        to be taken by employees and to assist employees with their individual needs and
        commitments.

III.    APPLICABILITY

        This policy applies to all employees of the OLG and DCRT.

IV. DEFINITIONS

        A.       Employee work schedule: Approved work schedule for an individual
                 employee. An employee may not be regularly scheduled to work before 7:00
                 a.m. or after 6:00 p.m., with the exception of certain employees who perform
                 jobs that require alternative work schedules.

        B.       Office core hours: Hours that each office must be open and operational. These
                 hours are 8:00 a.m. through 5:00 p.m., Monday through Friday. Operational
                 hours may vary for certain offices dependent upon service requirements and job
                 responsibilities, i.e., Office of State Parks, Office of Tourism Welcome Centers,
                 and Office of State Museums.

        C.       Work Hours

                 1.      Traditional Work Hours: 8:00 a.m. to 5:00 p.m.

                 2.      Flexible Work Hours: The employee works four (4) or five (5) days a
                         week, depending on the option chosen, on a schedule other than 8:00
                         a.m. to 5:00 p.m. The schedule must be consistent for each pay period.
                         The employee may not be regularly scheduled to work before 7:00
                         a.m. or after 6:00 p.m.

        D.       Work Schedule

                 1.      Traditional Work Schedule: A full-time employee is scheduled to
                         work eight (8) hours per day, Monday – Friday, for a total of forty (40)
                         hours per week.

                 2.      Flexible Work Schedule

                         a. Four (4) ten (10) hour days in a one-week period, with the day off
                            being any day Monday – Friday, for a total of forty (40) hours per
                            week, OR




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Department of Culture, Recreation and Tourism

                        b. Four (4) nine (9) hour days plus one (1) four (4) hour day, with the 4
                           hour day being any day Monday – Friday, in a one-week period, for
                           a total of forty (40) hours per week, OR

                        c. Four (4) nine (9) hour days in one week of a pay period [36 hour
                           week] and four (4) nine (9) hour days plus one (1) eight (8) hour day
                           in the other week of the same pay period [44 hour week]. The
                           scheduled day off may be any day Monday - Friday. This option is
                           available only to employees classified as “exempt” under the Fair
                           Labor Standards Act (FLSA).

        Any day of the week, Monday through Friday, may be designated as a day off as
        shown in the schedules above and approved by the Appointing Authority.
        Employee options MUST be designated on the Request for Flexible Work
        Hours/Work Schedule form.

        All schedules offered, including days off, must be consistent, i.e., consistently Monday
        through Thursday or consistently Tuesday through Friday, etc., for the duration of any
        three (3) months.

V.      PROCEDURE

        Each office shall develop and issue a policy regulating attendance, work
        schedules and work hours for all employees. All mandatory items listed within
        this policy must be incorporated into the office’s policy.

        An office may have more than one policy and/or different policies for different
        units depending on business needs. Division heads may decide where flexible
        work hours and/or flexible work schedules are offered based on business
        necessity and an evaluation of the most efficient utilization of resources. All
        division policies must meet the following parameters:

        A. Should a division head offer the option to work a flexible work schedule, that
           option (excluding c. under IV. Definitions, D. Work Schedule, 2. Flexible
           Work Schedule) must be available to both exempt and non-exempt
           employees, depending upon business necessity and an evaluation of what is
           the most effective schedule.

        B.       All schedules shall be established for a minimum of three (3) months and
                 shall be effective at the beginning of a pay period.

        C.       Employees on the traditional five-day schedule may begin work at 7:00
                 a.m., 7:30 a.m., 8:00 a.m. or 8:30 a.m. They may end work at 3:30 p.m.,
                 4:00 p.m., 4:30 p.m., 5:00 p.m., 5:30 p.m. or 6:00 p.m. depending on
                 whether they take a 30 or 60 minute lunch period.

        D.       All divisions shall be open between 8:00 a.m. and 5:00 p.m., and all
                 functional areas shall be operational between 8:00 a.m. and 5:00 p.m.


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State of Louisiana
Department of Culture, Recreation and Tourism

                 During core hours the office cannot be closed and phones must be
                 answered unless otherwise approved by the Appointing Authority.

        E.       Lunch periods shall be either 30 or 60 minutes.

        F.       Two fifteen (15) minute breaks are allowed, one in the morning and one in
                 the afternoon. It should be noted that if a schedule includes a four (4) hour
                 workday, no lunch period and only one (1) fifteen (15) minute break is
                 allowed on the four (4) hour workday. Break time cannot be used to
                 extend the lunch period or for early departure.

        G.       Annual leave, compensatory leave, and voluntary leave without pay must
                 be requested and approved in advance. All leave will be utilized and
                 recorded in six-minute increments. The purpose of this policy is to
                 grant flexibility to employees to ensure that personal commitments
                 are taken care of on the flex day off.

        H.       Overtime must be requested and approved in advance. The flex day off
                 shall not be used for the employee to work overtime hours unless there is
                 a specific need or emergency determined and approved by the
                 supervisor. If the need or condition occurs on a continuous basis, the
                 employee may be removed from the flex schedule and placed back on the
                 traditional work schedule, at the discretion of the supervisor.

        I.       If flexible work hours and/or flexible work schedules are made available
                 to employees, employees who wish to take advantage of the flexible work
                 hours or work schedule must complete a Request for Flexible Work
                 Hours/Work Schedule form (see attached) and submit it to their
                 supervisors/division heads for approval. Employees should understand
                 that this document, once signed and approved, commits them to work
                 hours or to a work schedule for at least a three (3) month period, unless
                 changed by the supervisor, division head or appointing authority.

        J.       For flexible work schedules, leave will be handled in the following
                 manner. If an employee takes a day off on which he/she is scheduled to
                 work four (4) hours, eight (8) hours, nine (9) hours or ten (10) hours,
                 he/she will take four (4), eight (8), nine (9), or ten (10) hours of leave,
                 respectively.

        K.       Per La. R.S. 1:55 B.(4), if one or more holidays or half-holidays fall on a
                 full-time employee’s regular day off, his holiday shall be the closest
                 regularly scheduled workday preceding or following the legal holiday, as
                 designated by the head of the agency. Employees whose regular work
                 hours do not fall in the time period, or fall only partly within the time
                 period, of the holiday shall receive a number of hours equivalent to the
                 holiday through compensatory time or overtime. Part-time employees


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State of Louisiana
Department of Culture, Recreation and Tourism

                  having a regular work schedule will receive benefits in a similar manner as
                  full-time employees except that their benefits will be prorated to the
                  number of hours normally worked.

                  For flexible work schedules, holidays will be handled in the following
                  manner. If a holiday falls on a day regularly scheduled to be an eight (8),
                  nine (9), or ten (10) hour workday, the employee has an eight (8), nine (9),
                  or ten (10) hour paid holiday. If a holiday falls on a day regularly
                  scheduled to be a four (4) hour workday, the employee has a four (4) hour
                  paid holiday.

        L.        Should flexible hours be available to employees, those employees
                  choosing flexible schedules must understand that there will be occasions
                  when two equally situated employees who work the same hours while
                  traveling together, or as a result of a holiday occurring during the
                  workweek, may be compensated differently.

        All office or division policies must be forwarded to the Human Resources
        Office for review to assess compliance with state and federal laws,
        Department of State Civil Service Rules and Regulations, and this policy,
        prior to implementation. Human Resources will review and return to the
        Appointing Authority with a recommendation. The appointing authority
        will then approve or deny the office/division’s request. No office/division
        should implement flexible work schedules until this process is completed.

VI.     RESPONSIBILITIES

        The Lieutenant Governor and/or Chief of Staff, Secretary, Undersecretary,
        Assistant Secretaries, and Directors are responsible for issuing a policy for their
        respective offices addressing attendance, work hours and work schedules which:

             Describes the hours of work, the appropriate lunch period, and how breaks will
             be handled.

             Outlines the process for request and approval of annual leave, compensatory
             leave and sick leave, both in advance and under emergency circumstances.

             Explains the process utilized in documenting tardiness and the resulting leave
             charges to cover the tardiness.

            Explains the process for requesting leave without pay.

            Discusses the process for securing prior approval for overtime to be worked.

            Explains the consequences of violation of the policy.



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State of Louisiana
Department of Culture, Recreation and Tourism

           Complies with federal laws, specifically the Fair Labor Standards Act, state
           laws, Department of State Civil Service Rules and Regulations and OLG/
           DCRT policy.

       Maintaining a current listing of employees authorized to exercise flexible work
       hours and flexible work schedules and forward that listing as well as any
       subsequent changes to Human Resources prior to the schedule effective date.

       Securing technical review from Human Resources prior to implementation
       and prior to Appointing Authority approval.

       Assuring that each employee, existing and new:

           Is made aware of the Work Hours and Work Schedules policy and of its
           contents as well as any forthcoming revisions, and is informed that he/she must
           abide by the terms of the policy, and

           Is informed of the consequences of any violation of the policy, and is treated in
           a fair and consistent manner regarding violations of this policy.

       Monitoring the effectiveness of and assuring compliance with the policy.

       Maintaining all records required by law, Department of State Civil Service Rules
       and Regulations, and OLG/DCRT policy, and ensuring that these records are
       handled and maintained in a strictly confidential fashion when so required by law,
       and that these records are available for audit purposes.

VII. EXCEPTIONS

        Exceptions to this policy shall be justified, documented and submitted to the
        Lieutenant Governor and/or Chief of Staff and Secretary of DCRT.

        Exceptions to individual office policies shall be approved by the Appointing
        Authority.

VIII. VIOLATIONS

        The failure of any employee to follow the Work Hours and Work Schedules
        policy that is applicable to him/her may result in disciplinary action.

Attachment




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