GAP 101.52, Time Reports - Primary Time Report Payroll Personnel System

1. Vacation (code 1)

Vacation time is given for rest/relaxation: it can be taken anytime throughout the year depending on the operational workloads and with the approval of the employee’s supervisor.

An employees vacation accrual begins with the first day worked. Vacation accrual is computerized and the amount always appears on the Biweekly Departmental leave report.

Vacation is based on:

• Length of service (continuous service credited)
• The “Total Time Paid” listed on the primary time report (not exceeding 80 hours.)
• Fringe Contract

Employees may accumulate unused vacation leave up to two times their yearly vacation accrual rate. Abbreviated schedule employees may accumulate unused vacation leave to a pro rata maximum of two times their annual rate. Any unused vacation leave which accumulates above the maximum is automatically forfeited except for Abbreviated Schedule Employees. Identifying whether the person on an abbreviated schedule has exceeded the vacation maximum is the responsibility of the department. The following chart indicates the maximum of the unused vacation leave based on the work schedule of each employee.

Maximum Accrual Schedule

*Less than 20 hours not eligible.

 

Vacation time is recorded daily by the employee in hours and tenths on the time report with the appropriate code.

 

Vacation time may be taken:

1. Only if the employee has adequate vacation time accrued at the end of the prior pay period (the computer is programmed to pay only accrued vacation hours which appear on the pay check stub).
2. Only on days when the employee is scheduled to work.
3. Up to the total amount of hours the employee is scheduled to work that day (not to exceed the employee’s normal shift hours).

Though employees accrue vacation time from the first day of work, employees may not take vacation time until the end of their probationary period (90 calendar days or based on local 77, local 1328 and 465 contract terms). If an employee must take time off during the probationary period, this will be without pay.

When an employee terminates, they will receive earned but unused, vacation in their final check (based on their current hourly rate of pay). The employee does not list earned, but unused, vacation on the final time report; the payroll system will automatically pay this amount based on the submission of the Termination Notice. The employee’s final payroll check should include pay for:

1. Hours worked in the final pay period (based on hours listed on the time report).
2. Hours of earned, but unused, vacation (based on time of submission of the Termination Notice).
3. Any unused “D” days (discretionary holidays) or deduction if “D” days (discretionary holidays) were used but not earned.

The final check is normally mailed from the Payroll Office to the forwarding address listed on the Termination Notice, unless you have direct deposit. In that case your check would automatically be deposited in your account.

2. Sick Pay (Code 2)

Sick pay is provided to protect employees against loss of earnings due to limited illness. Sick pay may also be taken for medical and dental appointments and for illness of spouse, children or parents.

Like vacation, sick pay accrual begins with an employee’s first day worked. Sick pay accrual is computerized and the amount always appears on the Biweekly/Gross Pay Computation Distribution Report. The amount of sick leave available will begin to appear on the employee’s check stub on the pay day following the completion of the probationary period (90 calendar days or based on local 77 and local 1328 and 465 contract terms). Sick leave accrual is based on the total time paid (not exceeding 80 hours per week) listed on the primary time card. Full time employees (employees scheduled to be paid for 40 hours per week or 80 hours per 2 weeks) accrue sick time at a rate of 12 days per year (or 3.692 hours per biweekly pay period). Sick leave shall not be paid unless it has been accumulated.

Sick leave because of personal or family illness is reported by the employee in hours and tenths of hours on the time report with reason code “2”.

Sick pay may be taken

1. Only if the employee has adequate sick leave accrued at the end of the prior pay period (the computer is programmed to pay only accrued sick leave hours which appear on the last pay check stub).
2. Only on days when the employee is scheduled to work.
3. Up to the normal number of hours the employee is normally scheduled to work that day.

Though employees accrue sick leave from the first day of work, employees may not use sick leave until the end of their probationary period (90 calendar days or terms of contract of local 77 and local 1328 or 465 contracts). If an employee must take time off for illness during the probationary period, this time will be off without pay.

Vacation time may be substituted for sick leave (refer to the Personnel Policy Manual and union contracts).

Departments and departmental payroll representatives should be aware of any employee in their area who is in a continuing medical disability, hospitalization, or convalescence situation, and ensure that the sick leave and/or substituted vacation hours are reported correctly and with the employee’s consent on the time report. In such unusual cases, the departmental payroll representatives have a record of each employee’s unused accrued sick leave and vacation hours (Leave Report) to make appropriate entries for the employee in order not to cover claim either on the time report.

Other procedures relating to sick pay

1. When death of a relative occurs during an employee’s vacation or sick leave, funeral leave should be reported. In this case, the employee should notify the supervisor immediately so that the time report will reflect the funeral leave for the pay period.
2. If an employee becomes ill while on vacation, the vacation time should not be changed to sick leave.

Efforts should be made to record correctly sick leave and/or substituted vacation, as permitted by policy. Subsequent changes, which must be done on a gross adjustment, place an undue workload on departments and the Payroll Office.

At termination employees are not entitled to payment for accrued, but unused sick leave. At retirement employees can convert unused sick leave into service years for retirement benefits, based on policy.

3. Holiday Leave

• Designated Holidays (code 3)
• Discretionary Holidays (code 4)

Holiday leave is a time off with pay that an employee received for not working on a specific day which the University recognized as a paid holiday. Prior to the beginning of each calendar year, the Personnel Policy Committee assigns specific days of the upcoming year as paid University holidays. These holidays are always listed in the Personnel Policy Manual (“Pay and Benefits” section). (For bargaining unit employees, holidays are set by contract, and payroll representatives should refer to the appropriate contract for holiday listings).

Days that are specifically listed as holidays are called designated holidays (code3).

Otherwise they are discretionary holidays (code 4).

This section discusses the reporting and payment to an employee for holiday leave time provided by policy. All payroll representatives should become familiar with the subdivisions of holiday leave policy as applicable to campus and Medical Center/Hospital employees. For a full explanation of holiday policies, please refer to the Personnel Policy Manual ("Pay and Benefits" section). Holidays are not affected by the probationary period.

(Jan15-for local 77 employees only)

Campus employees may be eligible for up to a maximum of three (3) discretionary holidays (code 4) with one day earned for a Duke employee on February 1, March 1, April 1.

For the Medical Center/Hospital, the above six (6) days are considered generally as designated holidays and should be reported with code 3 as the reason code; however, designated holidays are decided upon by the Personnel Policy Committee on a yearly basis so payroll representatives must check which days are designated holidays (Personnel Policy Manual, "Pay and Benefits" section). The other holidays for the Medical Center are called discretionary holidays, which number seven (7) and should be reported with code 4 as the reason code.

Holiday leave time is considered in determining the overtime hours for an employee.

All Campus Departments

The following example illustrates the reporting of two (2) Christmas holidays and New Years Eve – all designated holidays (code 3)

If an employee’s normal schedule of work falls on a designated holiday and is not required to work on the designated holiday, the employee will receive the number of hours in the work schedule for that day as holiday pay. In the following example, Assume the same holidays as in the above example and a 24-hour schedule per week.

If the employee is not scheduled to work on a designated holiday, he or she receives a pro rata share of holiday pay (to be taken on a scheduled workday) according to the following formula:

Regular Work Schedule x Pro Rata Share

40 hrs x 8 = Hours for holiday pay

(Assume Monday of the first week is Labor Day and the employee works 24 hours a week and the employee took the pro rata holiday on Friday).

As stated earlier in this section, only certain holidays are designated for medical center and hospital departments. Those designated holidays are decided yearly and can be found in the Personnel Policy Manual ("Pay and Benefits" section).

The remaining holidays, called discretionary holidays, are earned by employees being on the payroll as of the first day of certain months. These months are decided upon by each year and can be found in the Personnel Policy Manual ("Pay and Benefits" section). The total of both designated and discretionary holidays for Medical Center/Hospital employees is equal to the total of designated and holidays for campus holidays.

The procedures of recording designated holidays are covered previously in this section.

Unlike designated holidays which are set for specific days each year by policy, discretionary holidays are earned by employees being on the payroll the first calendar day of certain months and may be taken at the discretion of employees and supervisors. Since there is such flexibility in taking discretionary holidays, the following items should be considered in keeping records and entering time report information for discretionary holidays:

• Employees can earn discretionary holidays by being on the payroll the first calendar day of certain months that are set by policy. However, employees may take their discretionary days in advance as they earn them, or at a later time. In accordance with policy, employees may begin taking discretionary holidays in January of a given year, but all discretionary days must be taken by December 31 st.
• The taking of discretionary holidays is flexible; however employees must plan in advance with their supervisors the taking of one or all of their discretionary holidays.
• Discretionary holidays must be taken in increments of a full work day only.
• Discretionary holidays, like designated holidays, are not affected by the probationary period.
• Unlike the taking of designated holidays, employees may not work and take discretionary holidays on the same day. There is no holiday premium for discretionary holidays, so, if employees plan to take a discretionary holiday and later finds out that they must work that day, they should reschedule that discretionary holiday and will receive payment for the day worked at the regular rate or pay. The following example represents the way to record a discretionary holiday on a time report, using code “4”
  
  
  
• The total of campus designated and discretionary holidays is equal to the total number of Medical Center/Hospital discretionary and designated holidays.
• Employees may take their discretionary holidays in advance of earning them, as they earn them, or after they earn them.
• When terminating and the employee has taken more discretionary holidays than actually earned, the payroll representative must submit a Gross Adjustment form to deduct the gross pay for holiday taken, but not earned, from final pay check.

4. Funeral Leave (Code 5)

Funeral leave is provided for employees to attend the funeral or family or close relative s without the loss of pay.

Funeral leave does not accrue like vacation and sick leave: it is available when it is needed, Up to five consecutive calendar days may be taken in the event of death of members in the immediate family (spouse, children, parents, siblings, stepparents, stepsiblings, and/or stepchildren of the employee).

Up to three consecutive calendar days may be taken in the event of the death of other members if the family (grandparents, parents-in-law, brother/sister-in-law, son/daughter-in-law, aunts uncles, grandchildren, and great grandparents of the employee). Consult appropriate union contacts for policies which may differ from the above for local 77, local 1328 and 465 members.

Funeral leave is recorded day by the employee in hours and tenths on the time report with the appropriate code “5.” The payroll representative must indicate the relationship of the deceased, date of death, and date of the funeral in the remarks section of the time report (to justify the total number of days of funeral leave taken).

Since funeral leave is not an earned benefit, it is not effected by the probationary period. An employee on probation may use funeral leave if necessary.

5. Jury Duty Leave (Code 6)

Jury Duty Leave is provided to protect employees from loss of pay while serving Jury Duty due to issuance of authentic summons, subpoena, or other official notification for such duty. It does not accrue but is available when needed.

Jury Duty Leave is recorded by employee in hours and tenths under “time off with pay” section of the time report with the appropriate code “6” recorded in the “reason” block.

In the following example, the employee was released from Jury Duty for the week at noon on Thursday:

Since Jury Duty leave is not an earned benefit, it is not affected by the probationary period. An employee on probation may use Jury Duty Leave if required.

6. Election Leave/Voting Time (Code 7)

Election leave (or voting time) is granted to allow employees the time to vote in Presidential elections (local 77, local 1348 and 465 refer to their union contract) without the loss of pay. Election leave does not accrue but is available each time there is a presidential election. Up to two hours may be given with pay as voting time. All employees must coordinate with their supervisors in taking this time off. Election leave does not apply to early voting.

Election leave is recorded on Election Day by the employee in hours and tenths on the time report with the appropriate “7.”

Election leave is not considered when determining the overtime hours for an employee. See GAP 101.54, Overtime Hours Determination for a full explanation.

Election leave is not affected by the probationary period.

1. Holiday Premium Hours

Holiday Premium Pay is designated to compensate employees who are eligible to work on designated holidays. Qualifying holiday premium hours are those hours actually worked on a designated holiday, but are not to exceed the normal shift hours for the employee. It should be noted that an employee cannot receive holiday premium pay for hours worked on a discretionary holiday because, should an employee have to work on a discretionary holiday, the discretionary holiday will be rescheduled. Also holiday premium pay is not given when an employee has to work on a day which the employee planned to take off in lieu of a designated holiday.

An employee having to work on a designated holiday will be paid (1) one time the hourly rate times the number of hours actually worked, but not to exceed the hours of the employees normal shift hours. In addition the employee may elect to (1) be paid for the qualifying hours of the designated holiday on the same day at the hourly rate or (2) take the designated holiday off at a later time (within 60 calendar days of the actual designated holiday).

In the above example shown on the following page, the employee worked ten (10) hours on Monday, Labor Day, of the first week and elected to take the designated holiday off at a later date. The normal shift is (8) hours. Therefore holiday premium pay is due on eight (8) hours only.

The above employees would receive one (1) times the hourly rate of pay times 10 hours of pay for the hours worked on Labor Day plus one half (1/2) times the hourly rate of pay times 8 hour as holiday premium pay. In addition, the employee will have a day off later with pay.

The next example illustrates the time card of the same employee, if the employee elected to be paid also on the same day and not take a day off later. The employee, in this situation, would receive one (1) times the hourly rate of pay times 10 hours of pay for the hours worked on Labor Day plus one half (1/2) times the hourly rate of pay times 8 hours as holiday pay for that Monday (Labor Day). Having received holiday pay on the 8 hours, the employee would not receive a day off later.

2. Emergency Call Back Premium Hours

Emergency Call Back Premium is designed to compensate employees for the inconvenience of responding to an Emergency Call Back to perform necessary work at times other than their regular work schedule. Working an extended shift because of an emergency does not qualify as Emergency Call Back. However, if applicable, the hours may qualify as overtime hours. The policy covering Emergency Call Back can be found in the Personnel Policy Manual ("Compensation" section). Individual departments have the complete responsibility of adhering to the policy and these guidelines in determining the appropriate Emergency Call Back pay.

When an Emergency Call Back occurs, an employee is guaranteed a minimum of four hours or four hours of pay for the Emergency Call Back. Emergency Call Back Premium is paid at a rate of one and a half (1 ½) time the employees hourly rate of pay. Also, an employee, as a result of an emergency situation, who is called back while on vacation , shall be paid for the first eight hour shift only at rate of time and one half (1 ½).

In accordance with University policy, an employee may receive Emergency Call Back Premium pay and Night Shift Premium pay on the same hours worked if applicable. To receive Night Shift Premium pay on Emergency Call Back hours, the hours must occur on a premium shift and the hours are limited to the number of hours on an employees normally scheduled shift hours for a day. Such Night Shift Premium pay may be determined by the automated system or may need to be recorded appropriately.

Emergency Call Back Premium should not be paid on the same hours which qualify for Overtime Premium or Holiday pay. Emergency Call Back Hours worked would not be eligible for Emergency Call Back premium pay if those same hours worked were hours worked on a designated holiday.

An employee, who is required to work four (4) or more hours when responding to an Emergency Call Back, should record all hours worked in the “Hours Worked” section of the time report. In a situation where an employee works less than four (4) hours when responding to an Emergency Call Back, the guaranteed four (4) hours must be recorder in two parts. The hours actually worked in the “Hours Worked” column and the un-worked qualifying Emergency Call Back hours should be entered in to the Emergency Call Back (E.C.B. Un-worked) premium block for the week. To determine which hours qualify as un-worked Emergency Call Back (E.C.B un-worked) hours, subtract the total hours actually worked, if less than four (4) in a bona fide Emergency Call Back situation, from 4.0 hours – the resulting hours are the qualifying un-worked E.C.B hours.

Un-worked Emergency Call Back hours entered in the E.C.B un-worked block will be paid at one and a half (1 ½) times the employee’s hourly rate of pay. Worked Emergency Call Back hours will be paid at one times the employee’s hourly rate and also at one half (1/2) times thee hourly rate, unless the worked Emergency Call Back hours created overtime or are subject to Holiday Premium pay. Remember, The Overtime Premium and Holiday Premium pay are also paid at one half (1/2) times the employee’s hourly rate of pay. If the worked Emergency Call Back hours occurred on a designated holiday, enter the worked E.C.B. worked hours in the Holiday Premium Hours block, but DO NOT enter these hours in to the E.C.B.-Worked block. However, if the worked E.C.B. hours do not create overtime hours nor are subject to Holiday Premium pay, the hours entered should be entered in the E.C.B. Worked block in order to pay the one-half (1/2) times the hourly rate premium guaranteed by policy.

A note indicating which hours worked are E.C.B. hours, and the reason for the call back should be made on the time report.

The example shown on the following page demonstrates the proper method of recording both worked and un-worked qualifying Emergency Call Back (E.C.B.) hours and of recording, as appropriate by policy, other premiums which may be paid.

In example 1, all E.C.B. hours worked are listed in the E.C.B. Worked block, because the employee worked at least 4.0 qualifying E.C.B. hours. No overtime hours occurred under any of the three overtime options, because hours on sick leave may not be used in determining qualifying overtime premium hours. Also, Saturday was not a designated holiday. This entry in the E.C.B Worked block is required to pay the one half (1/2) E.C.B. premium on the hour worked.

Assuming Example 1, that the E.C.B. hours worked occurred during the second shift, second shift premium would be due the employee on 5.0 E.C.B. hours worked regardless of which shift premiums are due, if any, on the regular hours the employee worked (3 rd shift in this example). Likewise, if the E.C.B. 5.0 hours worked occurred on the third shift premiums would be due on these hours. If the E.C.B. 5.0 hours worked occurred on the first shift, no shift premiums would be due on the hours. In these examples, the automated system would calculate the standard 7% second shift or 12% third shift premiums, as applicable.

In example 2, let overtime be based on all qualifying hours (1) over 8 in a day or 40 in a week or (2) over 8 in a day or 80 in a two week period. In either case, the two worked E.C.B. hours created two hours of overtime which will be determined by the automated system. The two un-worked, but guaranteed E.C.B. hours are entered in the E.C.B. un-worked block in order to compensate the employee at one and one-half (1 ½) times the hourly rate. Note that the Night Shift Premium could not be paid due in this example on E.C.B. hours worked because the hours worked exceeded the hours in the employees regular work shift on a premium shift.

In the above example 3, overtime hours are determined on the basis of the excess over 40 hours in a work week only. Only a few departments at Duke pay overtime based on 40 hours worked in a week. The last two hours worked in the first week created the overtime of two hours and are not the same hours as the two E.C.B. worked hours on Tuesday. Because the two E.C.B. hours worked and the two overtime hours worked are not the same hours, the two E.C.B. should be entered in the E.C.B. worked block to pay the one half (1/2) E.C.B. premium times the hourly rate on those hours. The two un-worked E.C.B. hours should be entered in the E.C.B. un-worked block for the week to pay the guaranteed one and on-half (1 1/2) times the hourly rate on these hours. Night shift premium (second shift) would be due to the employee on the two E.C.B. hours worked.

In the above example 4, the one E.C.B. hour worked on Monday, Labor Day, is subject to Holiday Premium Pay, so Holiday Premium Pay rather than E.C.B. Worked Premium Pay is given for the hour worked. The three un-worked E.C.B hours should be entered on the E.C.B Un-worked Premium block. NO hours qualify for Overtime Premium Pay. Night Shift Premium would not be due because the E.C.B. hour worked occurred on the first shift.

Should an employee be called back to work from a vacation as a result of an emergency, the employee is to be compensated for only the first eight hour shift worked at a rate of one and one half (1 ½) times. The above example illustrates the situation of an employee returning, as a result of an emergency, from a scheduled vacation. No overtime premium is due. Night shift premium may also be due on the eight E.C.B hours worked, depending upon the shift which the hours were worked; no Night Shift Premium would be due in this case as the hours worked occurred on the first shift.