Download COMPENSATION AND BENEFITS

Harris County Department of Education
101000
COMPENSATION AND BENEFITS
COMPENSATION PLAN
DEA
(LOCAL)
SALARY
The Superintendent shall recommend to the Board for approval
compensation plans for all Department employees. Compensation
plans may include wage and salary structures, stipends, benefits,
and incentives.
PAY ADMINISTRATION
The Superintendent shall administer the compensation plans consistent with the budget approved by the Board. The Superintendent
or Superintendent’s designee shall classify each job title within the
compensation plans based on the qualifications and duties of the
position. Within these classifications, the Superintendent or Superintendent’s designee shall determine appropriate pay for new employees and employees reassigned to different positions.
PAY INCREASES
The Superintendent shall recommend to the Board an amount for
employee pay increases as part of the annual budget. The Superintendent or the Superintendent’s designee shall determine annual
increases for individual employees, within budgeted amounts.
MID-YEAR PAY
INCREASES
A contract employee’s pay shall not be increased after performance on the contract has begun unless there is a change in the
employee’s job assignment or duties that warrants additional compensation. Any such changes in pay during the term of the contract
shall require Board approval. [See DEA(LEGAL) for provisions on
pay increases and public hearing requirements]
CONTRACT
EMPLOYEES
NON CONTRACT
EMPLOYEES
CLASSIFICATION OF
POSITIONS
EXEMPT
The Superintendent may grant a pay increase to a non contract
employee after duties have begun only when there is a change in
the employee’s job assignment or duties, or when an adjustment in
the market value of the job warrants additional compensation. The
Superintendent shall report any such pay increases to the Board at
the next regular meeting.
The Superintendent or the Superintendent’s designee shall determine the classification of positions or employees as “exempt” or
“nonexempt” for purposes of payment of overtime in compliance
with the Fair Labor Standards Act (FLSA).
The Department shall pay employees who are exempt from the
overtime pay requirements of the FLSA on a salary basis. The salaries of these employees are intended to cover all hours worked,
and the Department shall not make deductions that are prohibited
under the FLSA.
An employee who believes deductions have been made from his or
her salary in violation of this policy should bring the matter to the
Department’s attention, through the Department’s complaint policy.
[See DGBA] If improper deductions are confirmed, the Department will reimburse the employee and take steps to ensure future
compliance with FLSA.
DATE ISSUED: 10/07/2016
DEA(LOCAL)-HCDE
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Harris County Department of Education
101000
COMPENSATION AND BENEFITS
COMPENSATION PLAN
NONEXEMPT
EMPLOYEES
DEA
(LOCAL)
Nonexempt employees may be compensated on an hourly basis,
or on a salary basis. Employees who are paid on an hourly basis
shall be compensated for all hours worked. Employees who are
paid on a salary basis are paid for a 40-hour workweek and do not
earn additional pay unless the employee works more than 40
hours.
A nonexempt employee shall have the approval of his or her supervisor before working overtime. An employee who works overtime
without prior approval is subject to discipline but shall be compensated in accordance with the FLSA.
COMPENSATORY TIME
ACCRUAL
At the Department’s option, nonexempt employees may receive
compensatory time off, rather than overtime pay, for overtime work.
The employee shall be informed in advance if overtime hours will
accrue compensatory time rather than pay. Accrual and use of
compensatory time shall be administered in accordance with administrative procedures. Nonexempt employees shall not work
overtime without prior written approval of their supervisor.
MINIMUM WAGE
Employees not exempt under the Fair Labor Standards Act shall be
paid at least minimum wage and receive compensation for overtime under the conditions specified in the Fair Labor Standards Act.
SUPPLEMENTAL
DUTIES
The Superintendent or designee may assign non-contractual supplemental duties to personnel exempt under the Fair Labor Standards Act, as needed. The employee shall be compensated for
these assignments according to the supplemental duty pay established by the Department. These assignments may be discontinued
at any time for any reason or no reason, by either party. The assignment of these duties shall not create any expectation of continued assignment to that same duty or any other duty.
The employee does not have a property interest in the continuation
of the assignment or the compensation.
OVERTIME
COMPENSATION
Non-exempt employees must be compensated for all time that the
employee is permitted or required to work. Employees cannot “volunteer” to work overtime or to work for a lesser rate than the law
provides. Time worked includes all time that is controlled by the
employer or presumed primarily for the benefit of the employer.
This includes:
1.
Required waiting time
2.
Required training time
These hours are considered compensable time under FLSA. It is
the employer’s responsibility to control hours worked by employees.
DATE ISSUED: 10/07/2016
DEA(LOCAL)-HCDE
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Harris County Department of Education
101000
COMPENSATION AND BENEFITS
COMPENSATION PLAN
DEA
(LOCAL)
An employee’s use of paid leave benefits, including personal, sick,
and vacation, are not counted as hours worked for overtime purposes. An employee who uses eight hours of paid leave is not considered to have worked those eight hours when calculating hours
worked each week for overtime.
WORKWEEK DEFINED
For purposes of Fair Labor Standards compliance, the regular
workweek, which begins on Monday and ends on the following
Sunday, is defined as seven consecutive days beginning at 12:01
a.m. on Monday morning and ending at 12:00 p.m. (Midnight) on
the following Sunday night.
EMERGENCY PAY
POLICIES
The superintendent is authorized to declare a “state of emergency.”
After an official state of emergency is declared, the superintendent
in his/her sole discretion may grant emergency administrative
leave with pay.
Not all emergencies or closures of the Department will result in a
state of emergency or emergency administrative leave with pay.
The determination of a state of emergency and/or whether to grant
emergency administrative leave with pay to all employees or one
or more categories of employees is done on a case-by-case basis,
taking into account relevant factors, which may include the following:
1.
Health, safety, and welfare of employees;
2.
Transportation of employees from home to work and back;
3.
The disruption caused by closing the Department and/or employees not working;
4.
The effect on school districts, entities, and students served by
the Department;
5.
The length of the emergency;
6.
The type of emergency, including severe weather, other disasters, chemical emergencies, etc.; and
7.
Whether client school districts, the City of Houston, and/or
Harris County have declared states of emergency, evacuations, and/or closures.
If the superintendent declares a state of emergency, the superintendent may suspend Department policies except those concerning safety, wages, and discipline. This policy applies to exempt and
nonexempt employees only.
NOTIFICATION OF
EMERGENCY
When a state of emergency is declared, the superintendent or designee will notify all employees.
DATE ISSUED: 10/07/2016
DEA(LOCAL)-HCDE
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Harris County Department of Education
101000
COMPENSATION AND BENEFITS
COMPENSATION PLAN
EMERGENCY
PERIODS
DEA
(LOCAL)
There are three emergency periods.
1.
A pre-emergency period begins prior to the declaration of an
emergency. This period includes emergency response activities and preventive measures to protect life and property.
EMERGENCY
PERIOD
2.
An emergency period begins when the Department is closed.
It ends when the superintendent declares it safe for all employees to return to work.
POST-EMERGENCY
PERIOD
3.
A post-emergency period begins after the emergency. This
period begins when the superintendent declares it safe for all
employees to return to work. It ends when the superintendent
declares the post-emergency over.
AUTHORIZATION TO
LEAVE
No one is excused from work until the superintendent or designee
authorizes employees to leave.
EMERGENCY
ADMINISTRATIVE
LEAVE
COMPENSATION
If the superintendent, in his/her sole discretion, grants all employees or one or more categories of employee emergency administrative leave with pay, those employees will be compensated at their
assigned rate per the Department compensation plan.
TIMELINES FOR
EMERGENCY
ADMINISTRATIVE
LEAVE WITH PAY
If granted, emergency administrative leave with pay begins when
employees are dismissed by their designated administrator. It continues until the superintendent declares it safe to return to work
and declares the end of the state of emergency. Employees are
expected to return to work on the next scheduled day after the Superintendent declares it safe to return to work.
PRE-EMERGENCY
PERIOD
PERSONAL AND
FAMILY
RESPONSIBILITIES
Employees will be permitted to make arrangements for their families. Employees unable to return to work post-emergency must
contact their designated supervisor, and they must use appropriate
leave time.
Any unauthorized absence as determined by the superintendent or
designee may be considered sufficient cause for discharge.
EMPLOYEE
ELIGIBILITY FOR
EMERGENCY
ADMINISTRATIVE
LEAVE WITH PAY
Employees hired and at work by the date of the declared emergency are eligible for emergency administrative leave with pay, if
emergency administrative leave with pay is granted by the superintendent.
“EMERGENCY
ESSENTIAL” AND
“EMERGENCY NON
ESSENTIAL”
HCDE shall designate “emergency essential” and “emergency non
essential” positions. Human Resources shall annually inform employees of their status by August 1st. Regardless of the position,
Substitutes and independent contractors are not eligible for emergency administrative leave with pay.
DATE ISSUED: 10/07/2016
DEA(LOCAL)-HCDE
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Harris County Department of Education
101000
COMPENSATION AND BENEFITS
COMPENSATION PLAN
DEA
(LOCAL)
individual employee status may change as the needs of the Department change. They may also change at the discretion of the
superintendent. Employees shall be notified of any changes.
Staff holding “emergency essential” positions may need to work
during any or all three emergency periods.
“POST-EMERGENCY
ASSIGNED”
EMPLOYEES AND
“ESSENTIAL
RECOVERY”
EMPLOYEES
All Department employees are considered to be in “post emergency assigned” positions. All Department employees are to return
to work when the superintendent declares it is safe. At that time,
some employees may be identified “essential recovery.” Other employees may be temporarily excused from work, and they will be
placed on emergency administrative leave with pay.
The superintendent and each division or function are responsible
for identifying those positions that are “essential recovery.”
Employees in “essential recovery” positions are required to work
post-emergency. An employee in an “essential recovery” position
will be allowed reasonable emergency administrative leave with
pay, as determined by the Superintendent to secure the employee’s home and family.
DUTY ASSIGNMENT
In an emergency, the superintendent may assign employees to any
duty so long as it is not in violation of any State or Federal Law.
COMPENSATION
In addition to any emergency administrative leave with pay granted
by the superintendent in accordance with this policy, employees
who are required to work may receive additional pay, as determined by the superintendent, in his/her sole discretion, as follows:
NONEXEMPT
EMPLOYEE
COMPENSATION
EXEMPT EMPLOYEE
COMPENSATION
PRIOR-APPROVED
LEAVE

HCDE non-exempt employees who are required to work during an emergency may be compensated at a rate of 1.5.

As per Department procedures, HCDE exempt employees
who work, including teleworking, during an emergency may
apply for an earned non-duty day at a rate of 1.0.
Employees who are on prior-approved leave, call in sick, or take an
unscheduled discretionary day during an emergency will continue
to be charged for such leave. They shall not earn any other benefit
as compensation.
If a public purpose or a benefit to the Department exists to exclude
and/or forgive absences, the superintendent may make such determination in his sole discretion.
Original Adoption:
Revision(s):
2/28/06
9/19/06
DATE ISSUED: 10/07/2016
DEA(LOCAL)-HCDE
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Harris County Department of Education
101000
COMPENSATION AND BENEFITS
COMPENSATION PLAN
DEA
(LOCAL)
6/19/07
7/21/09
5/20/14
8/16/16
DATE ISSUED: 10/07/2016
DEA(LOCAL)-HCDE
ADOPTED:
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