Birmingham, Alabama
Police Department
Procedure No. 101-4
Overtime Policy and Procedure
Date Issued: 02/01/2001
Date Effective: 02/01/2001
Revision Number: 6
PURPOSE: To establish departmental policy and procedures for overtime.
I. Definitions
Overtime compensation shall be based on an employee's designation under the Fair Labor Standards Act (FLSA). These designations are:
A. Exempt Job Basis (EJB)
Executive, administrative, and professional employees, who are paid a salary considered full payment for assigned duties and responsibilities, and are exempt from the overtime provision of the FLSA.
B. Exempt -- Job Basis Straight Time (E-JBX)
Positions exempt from the overtime provisions of the FLSA and designed as Exempt-Straight Time.
C. Partially Exempt (PE)
Includes sworn and corrections personnel.
D. Non-Exempt (NE)
Includes all other employees who are covered under the overtime provisions of FLSA.
E. Attachment A gives the FLSA designation for each classification.
II. Establishment of Work Periods
A. Partially exempt employees shall be on a 28-day work period beginning June 8, 1985. Attachment F specifies work period dates.
B. Non-exempt employees shall be on a 7-day work period beginning each Saturday.
C. Daily Work Periods:
1. Patrol:
a. Morning Shift: 2230 to 0700 hours
b. Day Shift: 0630 to 1500 hours
c. Evening Shift: 1430-2300 hours
2. Administrative:
Work hours for administrative and support personnel shall be established at the direction of the Chief of Police or designee.
III. Overtime Compensation
A. Exempt Employees:
Employees not covered by the overtime provisions of the FLSA and are not compensated for overtime.
B. Exempt-Job Basis X Employees:
1. Employees designated E-JBX may be granted compensatory time or pay at straight time for overtime worked in "extraordinary" circumstances.
2. Payment in such cases shall be subject to prior approval of the Chief of Police and the Mayor.
3. Up to 80 hours casual and 80 hours holiday time may be accumulated.
4. Any excess compensatory time earned shall be taken off or japed during the same or following 28-day work period.
C. Partially Exempt Employees:
1. Under 171 hours
a. Employees working over 160 hours during a 28-day work period but less than 171 hours shall be granted compensatory time or pay at straight time.
b. Up to 80 hours of overtime may be accumulated in the regular overtime category. An additional 80 hours may be accumulated in the holiday overtime category. Any excess shall be taken off or paid during the same or following 28-day period.
2. Over 171 hours
a. Employees working in excess of 171 hours during a 28-day work period shall be granted compensatory time or pay at time and one half.
b. Pay for overtime shall require prior approval from the Chief of Police on the Overtime Request Form (Police 379).
3. Time worked includes actual hours worked in law enforcement for the Police Department.
4. When it becomes evident to the member's immediate superior that during a work period (28-day cycle), a member under their command has reached the 130 hour mark, prior to the end of the 3rd week of the work period, the superior will immediately notify their commanding officer in writing. The 130-hour mark was randomly chosen to alert superiors of the possibility that a member under their command is approaching the maximum 171-hour mark. Adherence to this procedure should negate the possibility of any members in the department exceeding the 171-hour limit without the knowledge of their immediate superior and their commanding officer.
D. Non-Exempt Employees
1. Employees working in excess of 40 hours during a 7-day work period shall be granted compensatory time or pay at time and one-half.
2. Compensatory time may be given but it must be taken during the same or following pay period earned.
3. Pay for overtime shall require prior approval from the Chief of Police on the Overtime Request Form (Police 379); but, it will be incumbent on the worker's immediate superior, to not allow overtime except in extreme emergencies.
IV. Reporting Procedures
A. Regular Overtime
1. Departmental Overtime:
a. All departmental overtime worked by an employee shall be reported daily to their supervisor on the buff colored Overtime Worked Form (Police 519).
b. The employee shall fill out the Overtime Worked Form (Police 519) and have the supervisor they are working for sign the form.
c. The employee will then turn in their form to their departmental supervisor at the beginning of the next shift.
d. The employee's supervisor will record the time worked by the employee and maintain a file of the Overtime Worked Forms (Police 519).
2. Court Overtime:
a. All Court overtime worked by an employee shall be reported daily to their supervisor on the green colored Overtime Worked Form (Police 519-C).
b. The employee shall fill out the Overtime Worked Form (Police 519-C) and have the supervisor they are working for sign the form.
c. The employee will then turn their form in to their departmental supervisor at the beginning of the next shift.
d. The employee's supervisor will record the time worked by the employee and maintain a file of the Overtime Worked Forms (Police 519-C).
B. Overtime for Pay
1. All overtime for pay requires prior approval from the Chief of Police or their designate.
2. Overtime Request Form (Police 379) will be returned to the supervisor to record the overtime worked.
3. The completed Overtime Request Form (Police 379) shall be submitted to Police Payroll with the Bi-Weekly Payroll Leave and Attendance sheets.
C. 28 Day Worksheet for Pay
1. This worksheet will be generated by the on-line leave and attendance systems at the end of each 28-day work period.
2. The purpose of the worksheet is to determine the actual number of hours an employee works during a work period to determine the method and amount of compensation for overtime worked.
V. Special Overtime
A. Standby and On-Call Pay:
1. Non-Exempt and partially exempt employees placed on "standby" or "on-call" after normal duty hours are entitled to one hour of overtime credit for each full eight hour period in a standby or on-call status. This provision shall be defined as specific instructions by a competent authority to remain at the employee's place of residence awaiting call. In addition, a reasonable probability of an emergency must exist. Employees assigned beepers but not restricted to remain at their place of residence are not eligible for standby or on call pay. In the event non-exempt and partially exempt employees are called back to their duty stations after normal duty hours, they shall be credited with a minimum of four hours overtime.
2. Reported on Overtime Worked Form (Police 519).
B. County Court
1. Four hours minimum for off-duty appearance.
2. Reported on Overtime Worked Form (Police 519-C).
C. City Court
1. Morning shift officers shall be given four hours minimum for off-duty appearance.
2. Overtime Worked Form (Police 519-C) will be used to report City Court overtime.
D. Time noted in paragraph V, section A, B, and C shall be considered actual time worked in computing the time an employee works during a work period.
D. Holiday Time
1. Civilian Employees:
a. Civilian employees scheduled to work on a holiday or whose normal off day falls on a holiday shall be credited with 8 hours holiday time.
b. Holiday time granted for the holiday must be taken no later than the following pay period.
2. Sworn Personnel and other Partially Exempt Employees:
Personnel in their category scheduled to work on a holiday or whose normal off day falls on a holiday shall be credited with 8 hours holiday time.
3. Exempt Employees
Personnel in their category scheduled to work on a holiday or whose normal off day falls on the holiday shall be credited with 8 hours Holiday Time (straight time). Their time is to be taken off as Holiday Time.
4. Employees on Military Leave or IWP on a City Holiday will not earn Holiday Time nor can they be carried HT.
VI. Minimizing Overtime
Under the current and foreseeable future budget constraints, the department is unable to pay for overtime worked except under emergency operation conditions. It is therefore the responsibility of all commanders and supervisors to arrange work schedules and assignments in such a manner as to minimize the need for working overtime for pay or compensatory time off.
VII. Special Overtime Conditions
A. Special Event Overtime Pay
1. Special events will be designated in writing by the Chief of Police and will include special events at Park and Recreation Board facilities (football games, concerts, etc.), the State Fair Authority and other events when an outside agency hires off-duty officers through the department.
2. Overtime pay for special events will be submitted on a special payroll report to Police Payroll who will forward to the City Finance Payroll Unit. The overtime pay will not be reported on the regular departmental payroll.
3. All departmental personnel (regardless of rank) who work special events will be paid at time and one half their actual rate of pay.
B. Excess Overtime
1. Excess overtime is compensatory time on the books in excess of 80 hours of regular overtime and/or the holiday time.
2. All excess overtime (over 80 hours) an employee earns during a 28-day work period shall be deducted from the account and reported on the next pay period for payment.
C. Overtime at Promotion
Sergeants will be paid for all overtime on the books when promoted to Lieutenant which is an exempt classification. The rate of pay will be their actual rate before the promotion is effective.
D. Daylight Savings Time
1. In the spring, when daylight savings time begins, employees who only work a seven-hour shift shall be charged one hour of personal time. Employees on leave that day shall be charged 8 hours of personal time.
2. In the fall, when daylight savings time ends, employees who actually work a nine-hour shift will be given one hour of compensatory time.
E. Canine Handlers
Canine Handlers who keep their dog at their home during off duty hours shall be granted 36 minutes compensatory time per work day and one hour compensatory time per off day (5 hours per week)
* Sergeants assigned in a supervisory and/or management or administrative capacity are exempt from the overtime provisions of FLSA. These sergeants are designated Exempt-Job Basis X and compensated for overtime as provided in Section III.B., Overtime Compensation for Exempt-Job Bases X Employees.
** Sergeants assigned in a non-supervisory capacity performing non-administrative law enforcement duties, such as conducting investigations, are not exempt from the overtime provisions of FLSA. They are designated partially exempt (PE) and compensated for overtime as provided in section III.C., Overtime Compensation for Partially Exempt Employees.
Chief of Police
Birmingham Police Department
1710 1st Avenue North
Birmingham, AL 35203