Administrative Policies and Procedures Manual - Policy 3300: Paid Time
Date Originally Issued: 01-01-1997
Revised: 03-21-1997, 11-01-2005, 01-15-2010, 05-15-2015, 06-27-2016, 12-12-2016
Authorized by Regents' Policy 6.3 ("Privileges and Benefits")
Process Owner: Vice President for Human Resources
This policy describes University work schedules for all nonexempt staff employees and defines activities that are considered working time for pay purposes. Supervisors arrange work schedules so that the missions of the University and the department are accomplished. Individual schedules are assigned in a reasonable and fair manner so an employee can complete his or her duties and responsibilities in a traditional workweek. However, supervisors may require employees to work additional hours (refer to UAP 3305 ("Overtime")). An employee's regularly scheduled workweek should correspond with his or her actual work requirements. Refer to the applicable collective bargaining agreement for requirements which may differ from those listed in this policy.
Generally, exempt employees are covered by the provisions of this policy, but the nature of their responsibilities may require irregular hours and work time beyond those provided herein. Exempt employees are given the flexibility to exercise judgment both in how and when the work is done. A greater emphasis is placed on meeting the responsibilities of the position rather than on working a specific number of hours.
2. Traditional Work Schedules
The traditional work schedule is forty (40) hours per week and consists of five (5) traditional work days within a seven (7) consecutive day period, normally from Monday through Friday. Nontraditional schedules may exist in areas such as, but not limited to, patient care, law enforcement, plant maintenance, libraries and other seven (7) day a week operations. The traditional workday consists of eight (8) hours, usually in two (2) four-hour increments, with one (1) unpaid hour off for a meal between the four-hour increments. The traditional daily working hours are from 8:00 a.m. to 5:00 p.m., with one (1) unpaid hour off for lunch. The traditional workweek begins at 12:01 a.m. Saturday and ends at midnight Friday. For employees on shifts that begin less than eight (8) hours before midnight on Friday and extend into Saturday, the workweek begins with the start of the shift and extends to the same hour on the following Friday. Regardless of whether the shift begins less than eight (8) hours before midnight, in some instances electronic timekeeping systems may require the workweek to begin at 12:01 a.m. Saturday on Friday and end at 12:00 a.m. on the following Friday. Flexible schedules are discussed in Section 3. herein.
3. Flexible Schedules
Work schedules need to be responsive to the mission of the department and its ability to serve the needs of the public. However, exempt and nonexempt employees may be permitted to work flexible schedules if the schedules are approved in advance by management, on an individual basis, with approval of the cognizant dean, director, or department head. Regular public hours of 8:00 a.m. to 5:00 p.m. must be maintained by most departments. The early starting time or late stopping time of an individual's work day does not necessarily mean that the department must be open beyond regular public or business hours. For guidance, refer to Human Resource's website.
Supervisors must approve each individual work schedule, in advance. Supervisors are responsible for maintaining efficiency and continuity of operations, and this responsibility is the primary consideration in addressing employees' requests for flexible work schedules. Not all departments may be able to grant flexible schedules to all employees. If a conflict arises in determining which employees should be granted flexible hours, seniority and the employees' preferences should be taken into consideration. Some departments in particular may have no choice but to follow the traditional 8:00 a.m. to 5:00 p.m. work schedule. When establishing flexible schedules for nonexempt employees, managers should consult with the Division of Human Resources to ensure compliance with the Fair Labor Standards Act (FLSA).
3.1. Public Transportation
In accordance with UAP 2100 ("Sustainability"), employees are encouraged to use public transportation. An employee who desires to use public transportation should work with his or her supervisor to identify a public transportation schedule that both meets the needs of the department and limits wait times for the employee. There are some jobs and/or departments that, due to the nature of operations, cannot accommodate work schedule adjustments but whenever possible, supervisors should strive to accommodate schedule changes that permit employees to use public transportation without long waits. Employees must select the public transportation schedules that most closely align with their work schedules and submit schedule adjustment requests to their supervisors in advance, in writing or by email. If an employee's request cannot be accommodated, the employee may request the supervisor provide the employee with a written justification.
3.2. Community Engagement
UNM appreciates the diverse and widespread ways in which its employees provide service to the extended community. When employees engage in community service activities, they support the University’s efforts to be classified as a Community Engagement University by the Carnegie Foundation.
Supervisors are encouraged to allow employees to use flexible schedules (see Section 3) for performing community engagement activities during normal work hours. Supervisors may limit such time away that falls during an employee’s regular work schedule, not to exceed twenty-four (24) hours in a calendar year. In the event of a conflict between community service activities and the business needs of a unit, the business needs take precedence.
Community engagement leave may be used for organizations serving others on a local, national, or international level, whose goals are consistent with the University's mission. Political or religious activities, and social events, do not qualify for community engagement leave. This disqualification for religious activities is not intended to include the non-religious community outreach activities of religious organizations, such as distributing food for a local food bank.
Flexible work schedules for community engagement may be used for the following types of initiatives, on- or off-campus:
- Involvement in schools (daycare; K-12; public or private)
- Volunteering in a community service organization
- Disaster relief and emergency volunteer activities
- Delivering meals to the homes of older adults
- Tutoring and mentoring
- Assisting with the physical maintenance of a community center
- Reading to a pre-school class
- Teaching a CPR class
- Counseling a crime victim
- Building a trail
- Giving tours at a museum
- Field trips with children and grandchildren
- Serving as a Big Brother or Big Sister
- Fundraising for United Way
This list is illustrative, not all-inclusive.
3.3. Wellness and Fitness
UNM values the health and wellness of its community members and provides a variety of programs to increase physical and mental wellness and productivity, while potentially decreasing University health care costs. Supervisors are encouraged to allow employees to use flexible schedules (see Section 3) to engage in fitness activities during normal work hours, and to set an example for doing so. In particular, this includes extending a lunch break for fitness activities, with approval by the supervisor as described in Section 3.
Individuals who participate in fitness activity and wellness programming assume the risk associated with such activities. Participants are personally responsible for educating themselves concerning health and physical fitness issues before starting a program, including consultation with a personal physician.
Some examples of wellness programming on campus include:
Wellness programs may also be eligible for tuition remission; for more information, see UAP 3700 (“Education Benefits”).
4. Shift Work
Employees working in operations that require extended coverage may need to work a schedule other than the traditional work schedule. These are operations such as patient care facilities, computer services, libraries, the University Ford Utilities Center, and the Campus Police Department, Physical Plant, and other seven (7) day a week operations. The starting time, meal breaks, and stopping times are adjusted to meet operational needs. Employees' shift assignments may be changed as necessary to meet the University's needs with reasonable notice. However, to meet operational needs, an employee may be required to work a different shift without such notice. In these situations, supervisors should give employees as much notice as possible. For more information refer to Section 5 of UAP 3500 ("Salary and Wage Administration").
5. Part-time Schedules
Regular part-time employees should have designated work schedules. Part-time employees working less than five (5) hours in a day will normally not take a meal break, but will have one (1) fifteen-minute rest period if they work at least four (4) hours. Employees working five (5) or more hours in a workday should take a fifteen-minute rest period for each four (4) hours worked. Employees working five (5) or more hours in a workday should be allowed to take one (1) meal break, but are not required to take a meal break, unless necessary to meet operational needs.
6. Meal Breaks and Rest Periods
6.1. Meal Breaks
Each workday of eight (8) or more hours should include either a one (1) hour or a half (1/2) hour unpaid meal break. Supervisors determine the scheduling and length of meal breaks to meet operational needs in a fair and reasonable manner. Meal breaks may not be scheduled at the beginning or end of the work period or appended to a rest period. Under specific situations meal breaks may be paid, refer to Section 7.2. herein.
6.2. Rest Periods
Each workday should include one (1) fifteen-minute paid rest period for each four (4) hours worked in a workday. Such rest periods should be taken approximately in the middle of each four-hour period and shall not exceed fifteen (15) minutes whether or not the employee chooses to leave the work area. Rest periods may not be scheduled at the beginning or the end of a work period or appended to a meal break or another rest period.
Rest periods are considered as time worked and are provided by the University to the employee. As time worked, employees may not use rest periods for the purpose of making up absences or late arrival. The University provides rest periods to allow employees to refresh themselves, and to conduct limited personal business, such as making personal telephone calls. The employee's immediate supervisor may schedule rest periods according to operational needs. Supervisors should do this in a fair and reasonable manner.
7. Time Paid
Time worked for pay purposes is described in Sections 7.1. through 7.11. below. Time worked for overtime purposes includes Sections 7.1. through 7.9.below, but does not include leave times discussed in Section 7.10. and 7.11. below. Refer to UAP 3305 ("Overtime") for information on overtime.
7.1. Actual time worked as required by the job assignment.
7.2. Meal breaks will be paid time when a supervisor requires an employee to be on duty during the meal break or when an employee is scheduled such that he or she cannot be relieved for a meal break (for example, security guards who are on duty during such meal breaks or employees required to attend a meeting during their meal break).
7.3. Authorized rest periods not to exceed one (1) fifteen-minute period during each scheduled work period of four (4) consecutive hours.
7.4. Time required to change in to or out of uniforms or perform other required activities before or after the work period.
7.5. Visits to other University departments such as, but not limited to, the Payroll Department, the Division of Human Resources, the Office of Equal Opportunity Programs, Dispute Resolution Office, University Counseling, Assistance, & Referral Services (CARS), Staff Services office, and Employee Occupational Health Services (EOHS). Employees must arrange visits so as not to interrupt departmental operations and they must notify their supervisors when they are away from the work site, but employees do not need to disclose the specific department visited.
7.6. Attendance at meetings, conferences, training courses, or other authorized activities during scheduled work periods when such attendance is required or authorized by the supervisor, in advance.
7.7. Travel time during scheduled work periods, or during regular work hours on weekends or non-work days, when such travel is required by the job assignment and authorized by management. For more information on travel time that is considered paid time for nonexempt employees, see Section 10 below.
7.8. Time lost from the employee's job location as a result of fire, machine breakdown, power failure, or other unforeseen work related events when the employee is sent home by his or her supervisor. The employee will be on paid administrative leave for the remainder of the work day.
7.9. Time not actually worked, when that time is reported as a paid holiday.
7.10. Time not actually worked, when that time is reported as annual leave, sick leave, compensatory time, or catastrophic leave.
7.11. Time off for specific purposes authorized in and granted according to UAP 1150 ("Staff Council"); UAP 3435 ("Inclement Weather"); UAP 3415 ("Leave With Pay"); UAP 3445 ("Domestic Abuse Leave"); UAP 3700 ("Education Benefits"); and any other approved University policy. Examples of such leave include, but are not limited to, voting, jury duty, and bereavement leave. In addition, employees have up to one (1) hour of paid time for preparing a response to an annual written performance review in accordance with Section 4.5 of UAP 3230 ("Performance Review and Recognition").
8. Time Not Paid
The following are considered as time not worked for pay purposes:
8.1. Time spent on University premises before the start of work or after the end of work (such as the time between when an employee arrives at work and his or her standard work starting time).
8.2. All other time not stated in Section 7. herein. Any questions about time paid or not paid should be referred to the Division of Human Resources.
9. Work Assignments
Probationary employees may be assigned to any shift for training purposes. Supervisors will schedule work assignments for other employees according to operational needs and with reasonable notice. The employee's request for specific work hours may be considered by the supervisor.
10. Travel Time for Nonexempt Employees
|TRAVEL CATEGORY||PAID TIME||NON-PAID TIME|
- Performing authorized work-related errands while commuting from home to work or from work to home.
- Transporting or delivering materials or equipment to a job site prior to the start of the work day or returning materials or equipment after the end of the work day
- Transporting other employees to work sites, to the office, or to their homes either before or after the workday at management request
- Ordinary travel from home to work (commuting time)
|Travel During the Work Day
- Time spent in travel as part of an employee’s principal job activity (e.g., travel between job sites).
|One-Day Assignment in Another Town or City
- Time spent traveling to and returning from a one-day required assignment in another city or town regardless of whether employee is the driver or the passenger, and regardless of whether the travel cuts across the normal work schedule.
- Time spent at a required conference, meeting, etc.
- Normal commuting time will be subtracted.
- Time not worked even if it cuts across the employee’s regular work schedule (e.g., employee goes sightseeing instead of attending a conference session; the conference sessions are only from 9 am to 3 pm).
- Meal periods and social activities where attendance is not required and work is not performed.
|Travel Away From Home Community (Overnight Travel)
- Any portion of authorized travel, including time spent waiting at an airport, bus station, etc., that cuts across an employee’s normal work schedule, including non-work days, such as Saturday and Sunday.
- If an employee travels between two or more time zones, the time zone associated with the point of departure determines whether the travel falls within normal work hours.
- Riding as a passenger when the member is required to perform work (e.g., to serve as an assistant or helper, respond to email, take business-related phone calls).
- Driving a vehicle, regardless of whether the travel takes place within or outside normal work hours.*
- Time spent attending authorized conferences, meetings, etc.
- Required attendance at meals or meal breaks where work is
- Any portion of authorized travel, including time spent waiting at an airport, bus station, etc., that falls outside of normal work hours.
- Riding as a passenger outside of normal work hours where work is not required.
- Travel between hotel and meeting site.
- *If an employee drives a car as a matter of personal preference when an authorized flight or other travel mode is available, and paying for travel by car would exceed the cost of the authorized mode, only the estimated travel time associated with the authorized mode will be counted as hours worked.
- Regular meal periods where work is not performed and attendance is not required.
- Voluntary attendance at social functions.
- Time spent outside of the conference or meeting (e.g., employee goes sightseeing instead of attending a conference session, the conference sessions are only from 9 am. to 3 pm).
- Time spent sleeping unless the employee has the primary responsibility for the safety and welfare of students.