Section 6-B1139. EXEMPT TIME OFF  


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    1139.1Exempt time off shall not be provided unless specifically authorized by this section.

     

    1139.2This section applies to all employees at grade 14 or below subject to the District Service Salary System, the Wage Service Rate System, or the Recreation Service Rate System who are exempt from the Fair Labor Standards Act (FLSA).

     

    1139.3Due to exigencies of the public business, an agency head may require an employee to perform work in excess of eighty (80) hours in a biweekly pay period.

     

    1139.4An employee who is exempt from the FLSA and who performs work as directed pursuant to § 1139.3 may, at the discretion of the agency head, be granted exempt time off, which shall consist of additional time off earned on an hour-for-hour basis as compensation for such work actually performed that is in excess of eighty (80) hours in a biweekly pay period.

     

    1139.5Exempt time off granted to any individual employee in accordance with this section shall not exceed a total of eighty (80) hours in any consecutive twelve-month (12-month) period; except that, upon request from an agency, the personnel authority may authorize exempt time off, up to a maximum of one hundred twenty (120) hours, for FLSA exempt employees required to perform work in excess of eighty hours in a biweekly pay period because of emergencies or other unforeseen circumstances or situations such as but not limited to the following:

     

    (a)Work resulting from weather-related events such as snow, hurricanes, or other severe weather conditions;

     

    (b)Work resulting from publicly scheduled events in the District of Columbia requiring infrastructure support; or

     

    (c)Emergency situations so declared by the Mayor or designee.

     

    1139.6Exempt time off shall be maintained in a separate account from other forms of leave, but shall be scheduled and granted in accordance with the provisions contained in Chapter 12 of these regulations for annual leave.

     

    1139.7Exempt time off shall be forfeited if not used by the end of the leave year following the leave year in which it was earned.

     

    1139.8Exempt time off not used at the time of an employee’s separation from service shall not be included in any form of leave payment.

     

source

Final Rulemaking published at 52 DCR 934 (February 4, 2005); as amended by Final Rulemaking published at 55 DCR 6461 (June 13, 2008).