{"id":544,"date":"2024-12-17T19:43:50","date_gmt":"2024-12-17T19:43:50","guid":{"rendered":"https:\/\/policies.pstcc.edu\/?page_id=544"},"modified":"2025-07-23T20:34:25","modified_gmt":"2025-07-23T20:34:25","slug":"policy-061301","status":"publish","type":"page","link":"https:\/\/policies.pstcc.edu\/?page_id=544","title":{"rendered":"POLICY 06:13:01"},"content":{"rendered":"\n<h2 class=\"wp-block-heading\"><strong>IMPLEMENTATION OF 37.5 HOUR WORK WEEK<\/strong><\/h2>\n\n\n\n<p>Please refer to Tennessee Board of Regents <a href=\"http:\/\/www.tbr.edu\/policies\/default.aspx?id=1742\">Guideline P-020<\/a><\/p>\n\n\n\n<p>Purpose<\/p>\n\n\n\n<p>Effective January 1, 1982, the Office of the Tennessee Board of Regents and Pellissippi State Community College established a regular 37.5 hour workweek. The Board&#8217;s general personnel<br>policy (no. 5:01:00:00) and leave policy (no. 5:01:01:00) were revised to incorporate the 37.5-hour workweek. This guideline supplements Board policy and provides procedures for implementing the workweek at Pellissippi State Community College.<\/p>\n\n\n\n<p>Policy\/Guideline<\/p>\n\n\n\n<ol style=\"list-style-type:upper-roman\" class=\"wp-block-list\">\n<li>Application and Scope\n<ol style=\"list-style-type:upper-alpha\" class=\"wp-block-list\">\n<li>All employees of the Tennessee Board of Regents and Pellissippi State Community<br>College who are considered to be full-time shall work a minimum of 37.5 hours per week<br>throughout the year.\n<ol class=\"wp-block-list\">\n<li>This work schedule shall include a one-hour lunch\/meal break and shall<br>recognize the existence of up to two fifteen-minute miscellaneous breaks during<br>each workday as workflow permits.<\/li>\n\n\n\n<li>For purposes of calculating the hours worked each week, lunch\/meal breaks<br>shall not be counted as &#8220;time worked&#8221; but miscellaneous breaks shall be counted.<\/li>\n\n\n\n<li>Specific college office hours shall remain at the discretion of the president.<\/li>\n<\/ol>\n<\/li>\n\n\n\n<li>It is recognized that, due to the nature of some work, certain jobs do not lend<br>themselves to a 37.5-hour workweek schedule. In these instances, as determined by the<br>president, exceptions to the above paragraph are permissible. Initially, the Chancellor<br>should be notified in writing as to the particular job groups in question, the nature of the<br>work that necessitates the exception, a description of the exception, and the approximate<br>number of affected employees.<\/li>\n\n\n\n<li>The official workday will be 7.5 hours; and therefore, all attendance records, time<br>sheets, leave records, payroll documents and other recordkeeping instruments shall be<br>kept only in hours and tenths of hours reflecting the actual hours worked each day and<br>week. In most cases, these should indicate 7.5 hours per day and 37.5 hours per week.<br>Other documents, such as employee recruiting materials, orientation sessions, and<br>comparative salary studies, should reflect this workweek.\n<ol class=\"wp-block-list\">\n<li>The following schedule of tenths of hours shall be followed in the documenting<br>of time worked per day:\n<ol style=\"list-style-type:lower-alpha\" class=\"wp-block-list\">\n<li>.1 hour 1 &#8211; 6 minutes<\/li>\n\n\n\n<li>.2 hours 7 &#8211; 12 minutes<\/li>\n\n\n\n<li>.3 hours 13 &#8211; 18 minutes<\/li>\n\n\n\n<li>.4 hours 19 &#8211; 24 minutes<\/li>\n\n\n\n<li>.5 hours 25 &#8211; 30 minutes<\/li>\n\n\n\n<li>.6 hours 31 &#8211; 36 minutes<\/li>\n\n\n\n<li>.7 hours 37 &#8211; 42 minutes<\/li>\n\n\n\n<li>.8 hours 43 &#8211; 48 minutes<\/li>\n\n\n\n<li>.9 hours 49 &#8211; 54 minutes<\/li>\n\n\n\n<li>1.0 hours 55 &#8211; 60 minutes<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n\n\n\n<li>Compensation and Overtime Pay\n<ol style=\"list-style-type:upper-alpha\" class=\"wp-block-list\">\n<li>Pursuant to the establishment of the 37.5-hour workweek, there is established a 7.5-<br>hour normal workday and a 5-day workweek, providing that exceptions are permissible.\n<ol class=\"wp-block-list\">\n<li>The normal fiscal work year shall be 1,950 hours.\n<ol style=\"list-style-type:lower-alpha\" class=\"wp-block-list\">\n<li>For those institutions governed by the Tennessee Board of Regents<br>working greater than a 37.5-hour workweek prior to January 1, 1982,<br>monthly compensation remained unchanged when the workweek was<br>reduced, but an increase in hourly rates occurred.<\/li>\n\n\n\n<li>The college has revised its salary\/wage schedule for clerical and support<br>positions such that the increased hourly rate was reflected.<\/li>\n<\/ol>\n<\/li>\n\n\n\n<li>Compensatory time and overtime payments are available to non-exempt<br>employees only.\n<ol style=\"list-style-type:lower-alpha\" class=\"wp-block-list\">\n<li>Compensatory time shall be accrued and used in lieu of cash overtime<br>pay, unless the college determines otherwise, (or the Fair Labor Standards<br>Act requires cash payment because the employee has accumulated the<br>maximum number of compensatory time hours).<\/li>\n\n\n\n<li>Both compensatory time and overtime pay will be granted at straight<br>time for hours worked up to 40 in a workweek and at time and one-half for<br>any hours in excess of 40 in a workweek.<\/li>\n\n\n\n<li>Accrued time worked shall include hours actually worked and holiday<br>hours. Any hours other than holiday hours and work hours are excluded<br>from overtime compensation.<\/li>\n<\/ol>\n<\/li>\n\n\n\n<li>In accordance with T.C.A. \u00a7 8-50-801, when an employee requests annual<br>leave and compensatory time is available, the compensatory time shall be used<br>first, unless the accumulated annual leave balance at the beginning of the pay<br>period is within two (2) days of the maximum accrual rate for the employee.\n<ol style=\"list-style-type:lower-alpha\" class=\"wp-block-list\">\n<li>When an employee is within two (2) days of the maximum, annual<br>leave may be used throughout the pay period.<\/li>\n\n\n\n<li>Any employee whose annual leave balance is not within the two (2) day<br>maximum at the beginning of the pay period must use compensatory time<br>during the entire pay period.<\/li>\n\n\n\n<li>Otherwise, the college will honor an employee\u2019s request for<br>compensatory time off unless it would be unduly disruptive to the<br>college\u2019s operations.<\/li>\n<\/ol>\n<\/li>\n\n\n\n<li>When cash payment is made for overtime, it shall be calculated at the rate<br>earned by the employee at the time of the payment.<\/li>\n\n\n\n<li>When meals and\/or lodging are provided as part of the base pay, then the value<br>of such must be included in determining the hourly overtime rate.<br>a. However, where cash payment is made upon termination, the employee<br>shall be paid for accrued compensatory time at the higher of the following:<br>(1) The average regular rate received by the employee during the<br>last 3 years of employment;<br>(2) The final regular rate received by the employee.<\/li>\n\n\n\n<li>Information must be provided to every non-exempt employee explaining the<br>overtime provisions of the Fair Labor Standards Act (FLSA), and their rights and<br>obligations under those provisions. (See Attachment A.)<\/li>\n\n\n\n<li>Exempt employees will be paid on a salary basis.\n<ol style=\"list-style-type:lower-alpha\" class=\"wp-block-list\">\n<li>Exempt employees must be paid a set amount of money that does not<br>change each week regardless of the quantity or quality of work performed.<\/li>\n\n\n\n<li>Intermittent leave under the Family Medical Leave Act does not defeat<br>the salary basis of an exempt employee pursuant to 29 C.F.R. Sec.<br>541.602 (b) (7).<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n\n\n\n<li>Unpaid Disciplinary Suspensions for Violation of Workplace Conduct Rules\n<ol style=\"list-style-type:upper-alpha\" class=\"wp-block-list\">\n<li>Pursuant to 29 C.F.R. Sec. 541.602(b)(5), deductions for full day disciplinary<br>suspensions for violation of workplace conduct rules are permissible if:\n<ol class=\"wp-block-list\">\n<li>The employee does no work for a full day;<\/li>\n\n\n\n<li>Deductions are in full day increments;<\/li>\n\n\n\n<li>Such deductions are carried out pursuant to a written policy that is applied<br>uniformly to all employees;<\/li>\n\n\n\n<li>The suspension is imposed in good faith.<\/li>\n<\/ol>\n<\/li>\n\n\n\n<li>Prior to imposing this action, the college must provide in its written policies for this<br>disciplinary option. Such suspensions must be for serious conduct violations only, and<br>not for performance issues.\n<ol class=\"wp-block-list\">\n<li>For instance, an employee may be placed on an unpaid suspension for violation of the sexual harassment or workplace violence policy.\u00a0<\/li>\n\n\n\n<li> If the employee performs any work during the suspension period, such as responds to phone calls from the office regarding work, or reads and responds to work-related emails, etc., no deductions may be taken for those days.\u00a0<\/li>\n<\/ol>\n<\/li>\n\n\n\n<li>If the college does not have such a uniformly applied written policy, it may suspend an<br>exempt employee for part of a week with pay, or suspend the employee for an entire<br>workweek without pay.\n<ol class=\"wp-block-list\">\n<li>\u201cWorkweek\u201d means the standard workweek, not just seven consecutive days.<\/li>\n\n\n\n<li>With or without such a policy, any employee suspended without pay is entitled to the<br>opportunity for a college hearing or a hearing held pursuant to the Tennessee Uniform<br>Administrative Procedures Act.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n\n\n\n<li>Improper Deductions from Pay\n<ol style=\"list-style-type:upper-alpha\" class=\"wp-block-list\">\n<li>Improper deductions from an employee\u2019s pay are prohibited. Therefore, the college<br>must include similar prohibitions within its policies.<\/li>\n\n\n\n<li>An exempt employee who believes an improper deduction has been made from their<br>pay may file a complaint by notifying the Executive Director of Human Resources in<br>writing, stating the amount of the alleged improper deduction, if possible, and the basis<br>for believing the deduction to have been made improperly.\n<ol class=\"wp-block-list\">\n<li>If, after a review of the appropriate records, it is determined that there was an<br>improper deduction, the college shall reimburse the employee in the appropriate<br>amount.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n\n\n\n<li>Leave\n<ol style=\"list-style-type:upper-alpha\" class=\"wp-block-list\">\n<li>The accrual of annual leave shall be recorded in hours and tenths of hours according to<br>the following schedule for regular clerical and support personnel who work full-time.<\/li>\n\n\n\n<li>Annual leave hours accumulated in excess of the maximum accumulation carried<br>forward will be transferred to sick leave on July 1 each year.<\/li>\n\n\n\n<li>Regular full-time executive, administrative and professional personnel, and twelve-\u0002month academic personnel shall accrue annual leave at a rate of 15 hours per month or 180 hours per year.\n<ol class=\"wp-block-list\">\n<li>The maximum total accumulation within the fiscal year is 495 hours, and the<br>maximum accumulation that can be carried forward to the next fiscal year shall be<br>315 hours.<\/li>\n<\/ol>\n<\/li>\n\n\n\n<li>The accrual of sick leave will also be recorded in hours and tenths of hours. All<br>regular full-time employees shall accrue 7.5 hours of sick leave per month, with no<br>maximum accumulation level.<\/li>\n\n\n\n<li>The college shall account for and report leave usage in units of hours and tenths of<br>hours according to the schedule under I. Application and Scope.\n<ol class=\"wp-block-list\">\n<li>Leave balances on record for individual employees as of December 31, 1981,<br>were converted to hours and tenths of hours and were carried forward upon<br>implementation of the 37.5-hour workweek on January 1, 1982. They were not<br>reduced to reflect the lower accrual rates or maximum accumulation limits.<\/li>\n\n\n\n<li>The conversion to a 37.5-hour workweek did not affect various other leaves,<br>such as maternity, military, and civil leave.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n\n\n\n<li>Benefits\n<ol style=\"list-style-type:upper-alpha\" class=\"wp-block-list\">\n<li>Retirement\n<ol class=\"wp-block-list\">\n<li>All regular employees are, in accordance with the TBR Board policy on<br>retirement (no. 5:01:03:00) and PSCC policy on retirement (no. 06:08:00) eligible<br>for retirement.<\/li>\n<\/ol>\n<\/li>\n\n\n\n<li>Insurance\n<ol class=\"wp-block-list\">\n<li>In order to be eligible for membership in the State of Tennessee Group Plan a<br>regular employee must work a minimum of 30 hours per week.<br>a. This criterion did not change as a result of the 37.5-hour.<\/li>\n<\/ol>\n<\/li>\n\n\n\n<li>Longevity\n<ol class=\"wp-block-list\">\n<li>The 37.5 hour workweek does not affect longevity payments, anniversary dates<br>or computations.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n\n\n\n<li>MODFY Appointments\n<ol style=\"list-style-type:upper-alpha\" class=\"wp-block-list\">\n<li>The basis of a MODFY appointment is the existence of a full-time position for less<br>than twelve months per year. Here, as in all Board and College policy, full-time is<br>determined by number of hours worked per week, not months served per year. Therefore,<br>the implementation of the 37.5-hour work week has no impact on MODFY appointments,<br>other than to reduce the hours worked to 37.5 per week.\n<ol class=\"wp-block-list\">\n<li>All Academic Employees\n<ol style=\"list-style-type:lower-alpha\" class=\"wp-block-list\">\n<li>In conjunction with the Board&#8217;s general personnel policy (no.<br>5:01:00:00) and the college\u2019s general personnel policy (no. 06:01:00), the<br>specifications for the full-time workweek hours apply to all employees,<br>including faculty.<\/li>\n\n\n\n<li>The definition of &#8220;full-time teaching load&#8221; has not been altered as a<br>result of the 37.5-hour work week.<\/li>\n\n\n\n<li>Faculty office hours will continue to be determined by the president or<br>designee.<\/li>\n\n\n\n<li>Where professional librarians maintain a standard workweek<br>comparable to administrative employees, their work schedule should<br>reflect 37.5-hours per week if they are to be considered full-time.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n\n\n\n<li>Exceptions\n<ol style=\"list-style-type:upper-alpha\" class=\"wp-block-list\">\n<li>Exceptions to any of the procedural guidelines above must receive advanced approval from<br>the Chancellor.<br>Attachment A\n<ol style=\"list-style-type:upper-roman\" class=\"wp-block-list\">\n<li>Rights and Responsibilities of Employees Under the Overtime Provisions of the<br>Fair Labor Standards Act (FLSA)\n<ol style=\"list-style-type:upper-alpha\" class=\"wp-block-list\">\n<li>Any hours worked between 37.5 and 40 in a workweek must be compensated<br>at additional straight time (either by pay or compensatory time as determined by<br>the supervisor.<\/li>\n\n\n\n<li>Any hours worked beyond 40 in a workweek must be compensated at time and<br>one-half (either by pay or compensatory time (\u201ccomp time\u201d) as determined by the<br>supervisor.<\/li>\n\n\n\n<li>The value of meals or lodging received must be added to an employee\u2019s<br>regular hourly rate to determine an overtime rate of pay.<\/li>\n\n\n\n<li>There should be specific permission requested and authorized each time from<br>your supervisor before beginning work early (i.e., 7:45) or working late or during<br>lunch. Any time worked beyond 7.5 hours per day, even if it is \u201cjust to finish up\u201d<br>must be paid as overtime.<\/li>\n\n\n\n<li>Time cannot be volunteered. A non-exempt employee must receive pay or<br>comp time for all hours worked.<\/li>\n\n\n\n<li>A supervisor is in violation of the law if a non-exempt employee is permitted to<br>work extra time without compensation.<\/li>\n\n\n\n<li>The FLSA states that an employee does not have the right to refuse overtime.<\/li>\n\n\n\n<li>A supervisor has the right to schedule comp time instead of paying overtime. If<br>this is done within the same workweek, it is given off at equal time. If comp time<br>is given off within the pay period, though not within the same workweek, it is at<br>time and one-half.<\/li>\n\n\n\n<li>In determining whether to pay extra hours at straight time or overtime, time actually<br>worked plus holiday hours are counted. Examples are shown below:\n<ol class=\"wp-block-list\">\n<li>M &#8211; 7.5  T  &#8211; 7.5   W  &#8211; 7.5   T  &#8211; 7.5    F  &#8211; 2.5    S &#8211; 7.5<br><br>5.0 sick leave\n<ul class=\"wp-block-list\">\n<li> In this case, an employee actually worked 32.5 hours by the end of th<br>day Friday as 5.0 hours of sick leave was used. The employee worked 7<br>hours extra on Saturday. The total hours to be paid equal 45. Only 40<br>hours were actually worked. This means that the 7.5 extra hours would all<br>be paid at straight time.<\/li>\n<\/ul>\n<\/li>\n\n\n\n<li>M &#8211; 7.5     T &#8211; 7.5   W &#8211; 7.5   T &#8211; 7.5    F &#8211; 10   S &#8211; 2.5<br>(holiday)<br>a. In this case, an employee actually worked 32.5 hours by the end of the<br>day Friday. The employee worked 2.5 hours on Saturday. Total hours<br>actually worked equal 35.0. However, since holiday hours count as hours<br>worked, extra pay would be based on 42.5 hours worked. This means that<br>2.5 hours would be paid at straight time and 2.5 hours at overtime.<\/li>\n<\/ol>\n<\/li>\n\n\n\n<li>Non-exempt employees have an obligation to immediately notify the Payroll\/Human<br>Resources Office if they feel these guidelines are not being followed. The employee<br>should contact Payroll at payroll@pstcc.edu or call Human Resources at 865-694-6607.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n\n\n\n<p><\/p>\n\n\n\n<p>TBR Guideline P-020; T.C.A. \u00a7 49-8-203; T.C.A. \u00a7 8-50-801; 29 CFR 541.602<br><br>Revised by TBR: August 24, 1981.\u00a0<br>Revised by TBR: September 18, 1981.\u00a0<br>Revised by TBR: July 1, 1984.\u00a0<br>Revised by TBR: November 14, 1984.\u00a0<br>Revised by TBR: August 16, 1988.\u00a0<br>Revised by TBR: November 6, 2002.\u00a0\u00a0<br>Revised by TBR: August 17, 2004.\u00a0<br>Note: The TBR guideline became effective on January 1, 1982.\u00a0<br>Reviewed\/Recommended: President\u2019s Council, November 27, 2023\u00a0\u00a0\u00a0<br>Approved: President L. Anthony Wise, Jr., November 27, 2023\u00a0\u00a0<\/p>\n\n\n\n<hr class=\"wp-block-separator has-alpha-channel-opacity\"\/>\n","protected":false},"excerpt":{"rendered":"<p>IMPLEMENTATION OF 37.5 HOUR WORK WEEK Please refer to Tennessee Board of Regents Guideline P-020 Purpose Effective January 1, 1982, the Office of the Tennessee Board of Regents and Pellissippi State Community College established a regular 37.5 hour workweek. The Board&#8217;s general personnelpolicy (no. 5:01:00:00) and leave policy (no. 5:01:01:00) were revised to incorporate the [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"policy-template-1","meta":{"footnotes":""},"class_list":["post-544","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/policies.pstcc.edu\/index.php?rest_route=\/wp\/v2\/pages\/544","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/policies.pstcc.edu\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/policies.pstcc.edu\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/policies.pstcc.edu\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/policies.pstcc.edu\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=544"}],"version-history":[{"count":3,"href":"https:\/\/policies.pstcc.edu\/index.php?rest_route=\/wp\/v2\/pages\/544\/revisions"}],"predecessor-version":[{"id":1265,"href":"https:\/\/policies.pstcc.edu\/index.php?rest_route=\/wp\/v2\/pages\/544\/revisions\/1265"}],"wp:attachment":[{"href":"https:\/\/policies.pstcc.edu\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=544"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}