4.7.5 Compensatory Leave

Mississippi law defines compensatory leave as paid time spent off the job earned by an employee in lieu of cash payment for work performed by the state employee for the state entity.  When it is the opinion of the University that it is essential for a state employee to work during an official state holiday, the employee shall receive credit for compensatory leave.

Fair Labor Standards Act (FLSA) allows flexibility for public employees regarding overtime compensation.  The Act authorizes a public agency to provide compensatory time off in lieu of monetary overtime compensation, at a rate not less than one and one-half (1½) hours of compensatory time for each hour of overtime worked.  The maximum amount of compensatory leave that an employee may accrue is two hundred forty (240) hours.  Upon termination, staff employees must be paid for unused compensatory leave.

Use of Compensatory Time

A non-exempt employee who has accrued compensatory time and requests use of the time must be permitted to use the time off within a reasonable period.  The only legitimate reason for denying compensatory time leave is to prevent an undue disruption of operations.  This is usually not interpreted as an employee shortage.  

It is the responsibility of the supervisor or director to keep accurate records of number of compensatory hours earned each week.  The willful falsification of records may subject the supervisor and/or the employee to criminal action.

Accumulated unused compensatory leave is not counted as creditable service for the purposes of the retirement system.