Mo. Code Regs. tit. 1 § 20-5.010 : OFFICE OF ADMINISTRATION — Personnel Advisory Board and Division of Personnel — Working Hours, Holidays and Leaves of Absence —5.010 - Hours of Work and Holidays

PURPOSE: This amendment removes duplicative statutory language and makes other minor revisions.

(1) Hours of work and attendance are governed by the following provisions:

(A) The appointing authority in each agency establishes the working days and the hours of attendance for employees of that agency and other rules in regard to attendance as are deemed necessary. A full-time employee normally will be scheduled to work forty (40) hours within a fixed and regularly recurring seven (7)-day period established for the employee's position.

1. In the case of law enforcement personnel employed by a recognized law enforcement agency, the director may approve the establishment of normal working hours in excess of those specified in subsection (1)(A), provided the work period, schedules, and overtime standards are consistent with applicable statutes or rules. For the purpose of this rule, law enforcement personnel includes uniformed or plainclothed members of a body of officers who have the power of arrest and who are statutorily empowered to enforce laws designed to maintain public peace and order, to protect life and property from accidental or willful injury, to prevent and detect crimes, and who undergo on-the-job training a course of instruction, or both.

2. In the case of personnel employed at a hospital or residential care facility, the director may approve the establishment of normal working hours in excess of those specified in subsection (1)(A), provided the work period, schedules and overtime standards are consistent with applicable statutes or rules;

(B) The appointing authority in each agency may require employees to perform reasonable amounts of overtime work as may be needed to fulfill the responsibilities of the agency, provided this overtime work is compensated in accordance with these rules and applicable state or federal statute. Insofar as is practicable, overtime will be distributed among employees qualified for this work and who are available when the overtime is needed. Prior authorization for overtime work shall be obtained from the appointing authority or the appointing authority's designee;

(C) Work authorized by an appointing authority for top level supervisory, managerial, and administrative staff and for persons employed in a very responsible professional, technical, or consultative capacity which causes the employee to exceed forty (40) hours in pay status during a workweek, will not be compensated except in unusual circumstances as determined by the appointing authority. When authorized, the employees will be compensated at the regular rate of pay for their positions for each hour or, at the discretion of the appointing authority, by allowing an equal amount of compensatory time off;

(D) For individuals employed in other supervisory, technical, professional, and related categories, compensation for authorized work assignments which cause the employees to exceed forty (40) hours in pay status during a workweek will be compensated at the regular rate of pay for their positions or, at the discretion of the appointing authority, by allowing an equal amount of compensatory time off. Within the categories of professional and technical employees, an appointing authority may request and the director may recommend for approval of the board that employees in selected classes be compensated for authorized overtime work at the rate of time and one-half, either in payment or compensatory time off providing, however, that this recommendation and approval will be restricted to occupations for which it is found that overtime compensation is the prevailing practice among employers within the state and for which there is evidence that failure to provide this compensation reasonably may be expected to have a substantially negative effect upon the ability of the appointing authority to recruit and retain the required work force. For purposes of determining compensation at the rate of time and one-half under this rule, overtime is defined as that time worked by an employee in excess of forty (40) hours actually worked within a workweek. Annual leave, sick leave, holidays, and other absences with or without pay will not be considered as hours of work for purposes of computing overtime;

(E) Employees, other than those enumerated in subsections (1)(C) and (D), will be compensated at the regular rate of pay for their positions or, at the discretion of the appointing authority, by allowing an equal amount of compensatory time off for those work assignments which cause the employee to exceed forty (40) hours in pay status during a workweek. An employee shall receive an additional one-half (1/2) time compensation, by pay or compensatory time off, for any hours of work which exceed forty (40) hours actually worked within the workweek. Annual leave, sick leave, holidays, and other absences with or without pay are not to be considered as hours of work for purposes of determining compensation at the rate of time and one-half under this rule;

(F) Category assignments for overtime purposes shall be made on a job class basis. It is the responsibility of the director, after consultation with appointing authorities, to determine the overtime category of each class of positions in the classified service, and these assignments shall be reflected in the pay plan. For positions outside the classified service, the director will provide to appointing authorities information designed to clarify the application of this rule in the classified service, and to assist them in its application to positions outside the classified service. For these positions, however, the final decision on assignment of a particular type of position to a category for the purpose of determining the method of overtime payment is made by the appointing authority. It is the responsibility of the appointing authorities to apply these provisions in a manner which provides uniformity of treatment of all employees; and

(G) Compensation for overtime will be computed uniformly on the basis of the standard annual hourly rate of pay of the employee as determined by dividing the employee's annual full-time salary rate by two thousand eighty (2080). For employees of the Missouri School for the Blind, Missouri School for the Deaf, and State Schools for the Severely Handicapped who are employed on a school-term or on a part-time basis, the standard annual hourly rate of pay is determined by dividing the employee's annual salary rate by the total hours in their term of employment.

(2) Holidays are governed by the following provisions:

(A) The days or dates listed in section 9.010, RSMo and other days or dates as may be designated by law, the governor, or the President of the United States are paid holidays;

(B) When any of the specified holidays fall on Sunday, these holidays will be observed on the following Monday, and when any of these dates or days fall on a Saturday, these holidays will be observed on the preceding Friday;

(C) An employee will be credited for a holiday only if it falls during the employee's period of employment and the employee is in pay status. An employee whose effective date of appointment or return to pay status is before or on the day of a holiday will receive credit for the holiday. An employee whose appointment or return to pay status is effective after a holiday will receive no credit for the holiday, except when the holiday occurs at the start of a month and the employee's appointment or return to pay status is effective the first scheduled working day following the holiday. An employee will not receive credit for a holiday which occurs after they have ceased active duty preliminary to separation from the service except that an employee who is terminating employment and who has worked the last scheduled working day before the holiday will receive credit for the holiday. This provision does not apply to an employee who has submitted a formal notice of retirement; such employee may be credited for additional holidays occurring prior to the effective date of the retirement;

(D) All full-time employees, regardless of such schedule, will receive credit for the same number of paid holidays as employees whose regular work schedule is Monday through Friday.

1. Part-time employees, paid on a semi-monthly pay period, who are in pay status from forty to fifty-nine (40-59) hours in a semi-monthly pay period, including one-half (1/2) credit for those eligible holidays, will receive one-half (1/2) credit, and those part-time employees who are in pay status from sixty to seventy-nine (60-79) hours in a semi-monthly pay period, including three-fourths (3/4) credit for those eligible holidays, will receive three-fourths (3/4) credit. Part-time employees who are in pay status eighty (80) or more hours in a semi-monthly pay period, including full credit for those eligible holidays, will receive full credit. Other part-time employees who are scheduled to work less than one-half (1/2) time in a semi-monthly pay period or who are paid on a per-diem basis are not entitled to compensation or credit for holidays not worked.

2. Personnel whose normal duties require them to remain on duty at their workstation for shifts of twenty-four (24) hours or longer are exempt from the provisions of this section. Their holidays and holiday compensation are established by the appointing authority, subject to review and approval by the personnel advisory board, consistent with the work schedule necessary to accommodate the safety and convenience of the public;

(E) When it is impracticable to give time off to employees regularly scheduled to work on any of the previously mentioned holidays because of the necessity of continuing essential service in a state institution or division of service, the appointing authority may require employees to remain on duty and to perform their assigned work. The employee who has worked on a holiday will be granted equal compensatory time off from duty at the time(s) the appointing authority designates or, at the discretion of the appointing authority, the employee may receive straight-time cash compensation, providing the actual time worked does not fall within the definition of overtime to be paid at the rate of time and one-half as provided for by these rules. This compensation will be computed uniformly on the basis of the standard annual hourly rate of pay of the employee as determined by dividing the employee's annual full-time salary rate by two thousand eighty (2080). For employees of the Missouri School for the Blind, Missouri School for the Deaf, and State Schools for the Severely Handicapped who are employed on a school-term or on a part-time basis, the standard annual hourly rate of pay is determined by dividing the employee's annual salary rate by the total hours in his/her term of employment;

(F) Holidays falling within the period of annual or sick leave will not be counted as work days in computing that leave;

(G) For purposes of these rules, a holiday is considered as a period of eight (8) hours; and

(H) Employees of the Missouri School for the Blind, Missouri School for the Deaf, and State Schools for the Severely Handicapped who are employed for the academic year established for those schools and whose work schedule and attendance are regulated by the class calendar of those schools, are exempt from the provisions of this section. In lieu of the holidays as provided in 1 CSR 20-5.010(2)(A), holidays and holiday compensation for these employees are established by the appointing authority in a comprehensive leave policy consistent with the work schedule necessary to accommodate the annual academic calendar of their schools.

1 CSR 20-5.010

AUTHORITY: section 36.070, RSMo 2000.* Original rule filed Aug. 20, 1947, effective Aug. 30, 1947. Amended: Filed Sept. 20, 1947, effective Sept. 30, 1947. Amended: Filed June 1, 1954, effective June 11, 1954. Amended: Filed Dec. 22, 1960, effective Jan. 1, 1961. Amended: Filed July 21, 1967, effective July 31, 1967. Amended: Filed Aug. 28, 1967, effective Sept. 7, 1967. Amended: Filed Dec. 22, 1970, effective Jan. 1, 1971. Amended: Filed June 12, 1972, effective July 1, 1972. Amended: Filed April 23, 1974, effective May 2, 1974. Amended: Filed Feb. 28, 1975, effective March 10, 1975. Amended: Filed Dec. 13, 1978, effective April 12, 1979. Amended: Filed Sept. 29, 1989, effective Jan. 1, 1990. Amended: Filed Sept. 27, 1990, effective Feb. 14, 1991. Amended: Filed Sept. 15, 1999, effective April 30, 2000. Amended: Filed April 12, 2000, effective Oct. 30, 2000. Amended: Filed Nov. 15, 2000, effective May 30, 2001. Amended: Filed Sept. 16, 2002, effective March 30, 2003.

Amended by Missouri Register July 1, 2019/Volume 44, Number 13, effective 9/3/2019

*Original authority: 36.070, RSMo 1945, amended 1979, 1995.