General Information

Contact Human Resource Services at 509-335-4521 for assistance with rules and processes for overtime eligible staff regarding the following:

  • Meal periods
  • Rest periods (breaks)
  • Notice period for management initiated schedule changes
  • Collective Bargaining Agreement requirements for bargaining unit employees
  • Further information for Civil Service, Bargaining Unit, Administrative Professional and Faculty employees are listed below.

Information By Employee Type:

Civil Service

Under what conditions, can an employer change an overtime eligible employee’s assigned hours?

WAC 357-28-252
Work schedules can be changed at any time to meet departmental needs and in accordance with applicable rules and policies.  An employer may make changes to an overtime eligible employee’s assigned hours under the following condition(s):

(1)  For temporary changes in work hours or shift for a period of thirty calendar days or less, the employer must provide two calendar days’ notice to the employee. The day notification is given constitutes a day of notice. The employer may provide less than two calendar days’ notice for the following reasons:

     (a) When there are emergency conditions as defined by the employer, as defined in RCW 38.52.010;

     (b) When there is a lack of work or a safety hazard to the employee and/or others; or

     (c) When the change is requested by the employee and approved by the employing official.

(2)   For permanent changes in work hours or shift for a period exceeding thirty calendar days, the employer must provide seven calendar days’ notice to the employee. The day notification is given constitutes a day of notice.

(3)   By mutual agreement, an individual employee and his/her supervisor may agree to a temporarily modified weekly schedule. Such scheduling is not considered a regular schedule and does not require advance notice.

What procedures need to be followed for overtime eligible employees regarding meal periods and rest periods?
NOTE:  WSU allows two fifteen minute (15) breaks for overtime eligible employees.

WAC 296-126-092
Meal periods – Rest periods

(1) Employees shall be allowed a meal period of at least thirty minutes which commences no less than two hours nor more than five hours from the beginning of the shift. Meal periods shall be on the employer’s time when the employee is required by the employer to remain on duty on the premises or at a prescribed work site in the interest of the employer.

(2) No employee shall be required to work more than five consecutive hours without a meal period.

(3) Employees working three or more hours longer than a normal work day shall be allowed at least one thirty-minute meal period prior to or during the overtime period.

(4) Employees shall be allowed a rest period of not less than ten minutes, on the employer’s time, for each four hours of working time. Rest periods shall be scheduled as near as possible to the  midpoint of the work period. No employee shall be required to work more than three hours without a rest period.

(5) Where the nature of the work allows employees to take intermittent rest periods equivalent to ten minutes for each 4 hours worked, scheduled rest periods are not required.

How many hours are employees compensated for on a holiday?
WAC 357-31-025

When a holiday as designated under WAC 357-31-005 falls on a higher education employee’s scheduled work day:

(1) Full-time employees receive eight hours of regular holiday pay per holiday. Any differences between the scheduled shift for the day and eight hours may be adjusted by use of vacation leave, use of accumulation of compensatory time as appropriate, or leave without pay.

(2) Part-time higher education employees are entitled to the number of paid hours on a holiday that their monthly schedule bears to a full-time schedule.

What happens when a holiday falls on an employee’s scheduled day off?
WAC-357-31-030
When a holiday (as identified in WAC 357-31-005) falls on an employee’s regularly scheduled day off, the employer must provide that employee an in-lieu of holiday as follows:

(1) For a full-time employee who is eligible for holiday compensation, the employer may:

     (a) Designate the prior or the following work day as the holiday;

     (b) Provide the employee with equivalent paid time off; or

     (c) Allow the employee to request an alternate work day to observe as the holiday. The employer may require that the employee request an alternate day off within the same pay period as the holiday.

(2) For a part-time general government employee who is eligible for holiday compensation, the employer must compensate the employee on a pro rata basis in accordance with WAC 357-31-020.

(3) For a part-time higher education employee who is eligible for holiday compensation, the employee is entitled to the equivalent paid time off for the holiday that their monthly schedule bears to a full-time schedule.

How do overtime eligible employees account for their schedules on university holidays?

If the holiday falls on your regular scheduled work day you will be paid for the holiday.  A full-time employee receives eight hours of holiday pay. Any differences between the scheduled shift for the day and eight hours may be adjusted by use of vacation leave, accrued compensatory time, or leave without pay.  For example, a full-time employee on a 4/10s schedule, would receive eight (8) hours of holiday pay and would need to account for two hours with the use of  annual leave, accrued compensatory time, and/or leave without pay to equal ten hours.  Bargaining Unit employees should refer to the appropriate Collective Bargaining Agreement on the Labor Relations website.

NOTE: An employee must be in paid status the work day prior to the holiday in order to receive pay for the holiday.

How do overtime eligible employees account for their hours if the holiday falls on their regular scheduled day off?
The employee may take an “in lieu of holiday” day.  The employee may request to flex their schedule, subject to supervisory approval.

How do overtime exempt employees account for their schedule on university holidays?
If the holiday falls on the employee’s regular scheduled work day the employee will be paid for the holiday.

Bargaining Unit

Refer to the appropriate Collective Bargaining Agreement on the Labor Relations website.

Administrative Professional

Under what conditions can an employer change an overtime eligible employee’s assigned hours?
Schedule changes are determined by the supervising manager to meet departmental needs and in accordance with applicable rules and policies. Overtime eligible AP employees are subject to Fair Labor Standards Act rules.

How do overtime eligible AP employees account for their schedules on university holidays?

If the holiday falls on your regular scheduled work day you will be paid for the holiday.  A full-time employee receives eight hours of holiday pay. Any differences between the scheduled shift for the day and eight hours may be adjusted by use of vacation leave, accrued compensatory time, or leave without pay.  For example, a full-time employee on a 4/10s schedule, would receive eight (8) hours of holiday pay and would need to account for two hours with the use of  annual leave, accrued compensatory time, and/or leave without pay to equal ten hours.

How do overtime eligible AP employees account for their hours if the holiday falls on my regular scheduled day off?
With supervisory approval, the following options are available:

  1. The employee may take an “in lieu of holiday” day
  2. The employee may request to flex their schedule

How do overtime exempt AP employee account for their schedule on university holidays?
If the holiday falls on the employee’s regular scheduled work day the employee will be paid for the holiday.

Faculty

What processes apply to Faculty schedule changes?
Schedule changes are typically determined by the Chair, Director or Dean. Contact the Office of the Provost at 509-335-5581 for further information.

How do Faculty employees account for their schedule on university holidays?
If the holiday falls on the employee’s regular scheduled work day the employee will be paid for the holiday.

Resources

Frequently Asked Questions

Schedule Change Memos

Meal & Rest Period Info for Overtime Eligible Employees

Leave Reports & Time Reports

Washington State University