Handbook of Operating Procedures > Series 400 Budget, Finance and Operations > 4.17.4 Hours of Work for Staff (non-Faculty) Employees

4.17.4 Hours of Work for Staff (non-Faculty) Employees

A.  Purpose

To establish working hours and rules for rest periods (breaks) at The University of Texas at Tyler.

B.  Authority / Persons Affected

Texas Government Code, Section 661.151
Texas Government Code, Section 661.064
Texas Government Code, Section 658

This policy applies to all exempt and non-exempt staff employees of UT Tyler. It does not apply to employees holding a faculty appointment.  

C.  Definitions

N/A 

D.  Policy

All full-time employees are required to work 40 hours per calendar work week. Any change to the usual operational hours of the University requires approval of The University of Texas System or The University of Texas Board of Regents.

1. Patterns of Absence. Examples of a pattern are defined, but not limited to, more than three (3) incidents of unscheduled absence, excluding scheduled vacation, in a 90-day period taken in conjunction with scheduled time off; more than three (3) instances in a 6-month period of unscheduled time off on a specific day (particularly if these are 1-day absences), and continually accruing time the beginning of the month and using it that month (particularly when employee's leave balance stays low and the absences are 1 day).

2. Vacation. All leave requests should be submitted in advance of the desired leave in accordance with departmental policy. Vacation time is charged in fifteen (15) minute increments with no rounding. Approval of vacation requests will be based upon such factors as departmental workload, staffing, etc. In unusual circumstances, due to unforeseen workload, staffing or business needs, it may be necessary for a supervisor to cancel vacation that has previously been approved.

3. Tardiness. Employees are expected to be at their workstations ready to work at the beginning of their shifts.  Departmental policies defining tardiness will prevail.  More than three (3) instances of a combination of tardiness, as defined by the department, and/or clocking, in a sixty (60) day period may result in counseling and/or disciplinary action.  

4. Clocking. Non-exempt employees are expected to enter their arrivals and departures accurately into the time-keeping system at their computers or clocks that has been designated.  A combination of tardiness and/or failure to clock in/out into the time-keeping system more than three (3) times in a sixty (60) day period may result in counseling and/or disciplinary action.

5. Flex Time (Clinical Staff). The Health Science Center at UT Tyler is committed to providing excellence in patient care and service utilizing the appropriate personnel while maintaining productivity goals.  In the event of patient census fluctuations, the departmental manager will confirm that there is more staff than needed to provide service according to projected patient census needs. An attempt will be made to check all areas and potential patient service demands considering anticipated discharges, admissions, and workflow. If it is determined that overstaffing exists and there are no further existing needs for staff due to anticipated patient demands, the following procedures may be followed in the order listed: The order in which the department or unit flexes down for low census will be as follows:

a. Cancellation of employees going into overtime within the work week.

b. Cancellation of PRN employees.

c. Reassignment of regular staff to another area or department within their competency on their regular worked shift.

d. Reassignment of employees to another day of week or shift since management maintains the right to assign work schedules based on operational needs.

e. Solicitation of staff to volunteer for time off, either as paid benefit time (holiday, vacation) or unpaid leave, whichever the employee chooses.

f. Cancellation of an employee's shift (based upon the following criteria): Employee will be offered the use of paid benefit time (holiday, vacation). If paid benefit time is not available or in the event the employee does not choose paid leave, the employee will be on a leave without pay status for that shift.

The manager or supervisor will make efforts to cancel the employee's shift two (2) hours prior to the start of the shift/scheduled workday when possible. Staff members who are cancelled for the shift/scheduled workday are not obligated to be available during that shift in the event of a change in census. Employees who are not notified of a shift cancellation before arriving to work will be allowed to work a minimum of two (2) hours. 

Criteria for order of reassignments. The criteria utilized for selecting employees to be reassigned to another work area other than their normal work area will be as follows:  

a. Competent employee who volunteers

b. If there are not enough competent volunteer employees, reassignment of employees will be made among all competent employees based on the following criteria:

1. Seniority, beginning with employees with least University service

2. Once an employee has been involuntarily reassigned or sent home, he/she will be rotated off the list until all competent employees have been called or sent home. The manager may make exceptions to this rule in the event the proper skill mix may be affected.

6. Flex Time (Non-Clinical Staff). Flexible work schedules are a department's option, not an employee right; therefore, all supervisors are not required to offer or grant flexible work schedules.  In addition, not all jobs can be adapted to a flexible work schedule.

Vice presidents or their designees have the option of staggering staff work hours as long as the unit remains open between 8:00 a.m. and 5:00 p.m. Flexible hours are defined as those hours between 7:00 a.m. and 9:30 a.m. for arrival and between 4:00 p.m. and 7:00 p.m. for departure. However, during the summer (or other periods during the year) and with the advance approval of the vice presidents or their designees, employees may flex their work schedule (beyond those hours listed) as long as the department is fully operational between the period 8:00 a.m. and 5:00 p.m.

Vice presidents or their designees must pre-approve the implementation and supervision of flexible work schedules in their respective areas.  They will regularly review areas with flexible work schedules to ensure all University service standards and delivery of services is satisfied. Supervisors should be cautious when developing flexible work schedules for non-exempt employees to ensure they are not scheduled to work more than 40 hours in a work week (Monday-Sunday).

7. Meal Breaks (Lunch). Lunch periods are either 30 minutes or 60 minutes in duration as determined by the department. Lunch breaks are unpaid and are taken during the middle of the workday. 

Employees who are permitted or required to take shorter lunch periods will be given appropriate compensation or compensatory time off, in compliance with state and federal law. Like flexible work schedules, supervisors are not required to offer or grant a modified lunch period. 

During the lunch period, employees are relieved of all work duties and are not paid. However, should an employee be unable to take a lunch break because of departmental workloads, then the employee shall record this time as time worked. 

8. Rest Periods (Breaks). Breaks are considered working time for purposes of pay. If a break is not permitted, an employee is not entitled to additional compensation or compensatory time off because he or she did not take a break.

A break of not more than 15 minutes during the first half of a regular workday and not more than 15 minutes during the second half of a regular workday is a privilege given to Full-time employees. 

Part-time employees who are scheduled to work three hours or more, but less than a full day, will be afforded the privilege of one 15-minute break. If taking a break interferes with the performance of an employee’s immediate job responsibilities or the efficiency of the department, the employee may be required to work continuously without a break. Such exceptions should be occasional and only on an as-needed basis. Breaks may not be used to extend the lunch period, to delay starting time, to leave early nor may they be accumulated to provide for a prolonged time off period.

9. Overtime. Overtime for non-exempt employees is time physically worked over forty (40) hours in a week period beginning at 12:01 a.m. on Sunday morning and ending at 11:59 p.m. the following Saturday. Overtime hours are only permitted for work related reasons, and employees must have prior approval of their supervisors or their designees.  Employees are required to request overtime approval; repeated abuse of non-approved overtime may result in counseling and/or disciplinary actions, up to and including termination of employment.

10. Job Abandonment. Employees who do not report to work and do not properly notify their supervisors as far in advance as possible when they are unable to report for duty (No-Call, No-Show) for a period of three (3) consecutive scheduled work periods will be considered as voluntarily resigning and terminating employment.

E. Review

This policy shall be reviewed by the Office of Human Resources every five years or as legislation changes.