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  • vickyp
    Keymaster
    Post count: 4922
    Forum: Community

    We have a manager who has made a vacation request and stated that he would like to use his vacation time accrued and “the over 80 hours of banked overtime I have”. I have since learned he had been sending time sheets to the office manager (who is responsible for payroll) that captured this overtime over the past 12 months. The company does not ask or require full time employees to submit time sheets and HR was not aware of the tracking. We do not have a signed agreement with this employee re: banking overtime for time off in lieu of pay.
    The employee has never been asked directly from the owner to work overtime, he’s capturing every-time he himself chooses to work late as well as time associated with client visits, travel etc.
    What do we need to be aware of as we clean this up appropriately. HR (who is new to this organization, they previously did not have HR) has drafted a overtime policy, vacation and time off policy among others to be shared in the coming weeks.
    Do we need to honour the time?

    vickyp
    Keymaster
    Post count: 4922

    Generally speaking, managers and supervisors are not entitled to overtime pay unless they spend over 50% of their time doing non-managerial work. However, if the employment contract specified a salary based on a fixed hour work week, the “manager” could be entitled to overtime pay.
    In your situation, it seems as if the manager assumed everything was accepted because there was no push back to time sheets being submitted. The office manager made an error in judgement by not addressing this immediately, and that error may actually end up costing you. You are not legally bound to honour this overtime pay in lieu; however, the employee/manager could have a pretty  good claim if they chose to file one. You may want to find some sort of mutual agreement here and be very clear in your new policies, their effective date and the fact that they are retroactively applied should also be clearly spelled out.

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