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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. Est. 4/29/2010 1 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 Est. 4/29/2010 2 State of Louisiana 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. Est. 4/29/2010 3 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 Est. 4/29/2010 4 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. Est. 4/29/2010 5 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 Est. 4/29/2010 6
"Policy Name Work Hours and Work Schedules"