CHAPTER 7

HOURS OF WORK, OVERTIME AND PREMIUM PAY

STATEMENT OF POLICY

The purpose of this Chapter is to establish the standard for hours of work, wages, overtime compensation, compensatory time-off in lieu of overtime pay, observance of holidays and a system under which the pay of certain employees shall be adjusted for certain hours, days or conditions of work. These provisions shall be in compliance with the Fair Labor Standards Act (FLSA).

7.000 GENERAL PROVISIONS

7.001 WORK WEEK

A. The basic work week is 40 hours. Alternatively, a workweek is a regular recurring period of 168 consecutive hours‑‑seven consecutive 24‑hour periods. The workweek need not coincide with the calendar week. It may begin any day of the week and any hour of the day, but it must in each case, be established in advance. The workweek may be changed, but only if the change is intended to be permanent and is not made to evade overtime requirements or policies.

B. An employee's work week may be in accordance with office hours, with designated shifts, or with such flexible or variable hours program as are implemented by the Hospital provided that the Hospital shall not operate less than a 40 hour work week, except as provided by law.

C. The workweek for all nursing and healthcare professionals shall consist of any combination of straight time, overtime and holiday time to a total of forty (40) hours.(Pursuant to Public Law 24-325 Section10 6228.7 (a)

7.002 BREAK PERIODS

A full‑time employee may be allowed a 15 minute break period in the first half and second half of the work day, provided further that:

A. No single work break shall exceed 15 minutes absence from the employee's workstation.

B. An employee may not accumulate unused work breaks.

C. Work break time shall not be authorized for covering an employee's late arrival on duty or early departure from duty.

7.003 Meal Periods

A. Full‑time employees shall be allowed a minimum of 30 minutes and up to a one-hour meal period during each workday of more than five hours.

B. When a work day of not more than six hours will complete the day’s work, the meal period may be waived by mutual consent of the employee and the Hospital.

C. Meal period shall not be considered “on duty” or counted as time worked, unless the nature of work prevents an employee from being relieved of duty.

7.004 WORK WEEK SCHEDULE

A. The schedule of workweek for shift workers shall be prepared and prominently posted at least two weeks in advance so that the employees affected will be informed. Such schedules shall not be less than two weeks and shall not be changed, except for good cause and provided affected employees are given at least 24 hours prior notice. Whenever possible, work schedules should permit an employee to enjoy a holiday on the day it is observed.

B. The Administrator may permit flexible work schedules as may be appropriate.

7.005 SAFE HOURS OF WORK

A. To ensure that the employee’s work is performed in a safe manner, the following maximum hours of work will be observed:

1. An employee shall not be allowed to work more than 16 hours consecutively, or in one 24-hour day.

2. An employee shall not be authorized to work more than 84 hours total within a single seven-day period.

3. An employee shall not be required to work more than 28 hours within a time span of two days.

B. Exceptions to the above may be made only:

1. if the employee volunteers his services and has the specific approval of his Department Head, and/or Division Managers.

2. in cases where excessive hours of work are necessary because of weather conditions, necessary seasonal activities or emergencies.

Should such an occasion for Item 1 arise, written documentation must be submitted by the Department head and/or Division Managers to the Administrator within 48 hours of such occurrence.

7.100 MINIMUM WAGE

Employees shall be paid not less than the established minimum wage for Guam.

7.200 HOURS WORKED

A. As a general rule, hours worked will include:

1. All time during which an employee is required to be on the Hospital’s premises or at a prescribed work place.

2. All time during which an employee is suffered or permitted to work, whether or not required to do so. The determination of an employee's working hours will include, in the ordinary case, all hours from the beginning of the work day to the end of the work day, with the exception of periods when the employee is relieved of all duties for the purpose of eating meals.

7.300 HOURLY RATE OF PAY

The hourly rate of pay is the rate published by the Commission or its successors.

7.400 OVERTIME

7.401 Coverage

A. Upon the occurrence of overtime work, covered classified employees shall be entitled to receive overtime compensation calculated at the rate of 1 and ½ times the regular rate of pay for each hour or portion of the hour of overtime worked.

B. In determining the number of hours worked by an employee within a given workweek or work period, time spent off on annual, administrative, sick, compensatory time‑off, other leave (with or without pay), or holidays will not be counted as time worked. Such time off with pay shall be included in the straight time pay, but it is not included in computing whether a covered employee has worked in excess of 40 straight time hours in a workweek.

C. All nursing and other healthcare professionals essential to the delivery of patient care services are hereby exempted from those provisions of the government compensation laws covering accumulated straight time hours required prior to compensation at overtime rates.(Pursuant to P.L. 24-325 Section 10 6228.7 (a)) ; and all other positions exempted through Executive Order approved by the Governor.

D. Any fraction of an hour of overtime worked shall be converted to the nearest 15 minutes.

E. Covered employees include those classes of positions that are not in the executive, administrative, and professional categories, in accordance with the Fair Labor Standards Act (FLSA).

F. For all licensed nurses and other health care professionals who work eight hours in any given twenty four (24) hour period, the next four (4) hours worked shall be at a rate of one and one half (1-1/2] the nurses regular straight time hourly rate. Any work in excess of twelve (12) hours in the same twenty four (24) hour period shall be compensated at two (2) times the nurses’ regular straight time hourly rate. (Pursuant to P.L. 24-325 Section 10 6228.7 (d)

G. All work performed between the hours of 12:00 midnight on any Friday and 12:00 midnight of the following Sunday night shall be compensated at a rate of one and one half (1-1/2) times the regular straight time rate. Nurses or any employee who is responsible for direct delivery of patient services. (Pursuant to P.L. 27-106)

7.402 OCCURANCE OF OVERTIME WORK

A. Overtime work may be authorized by the Administrator in cases of emergency, or when the best interest of the Hospital indicate that overtime work is required.

B. The Administrator shall hold hours worked by the employees to the Hospital’s established 40-hour work week standard, except in those cases where excessive hours of work are necessary because of weather conditions, necessary seasonal activities, or emergencies.

C. It shall be the responsibility of each Administrator to determine that the provisions of overtime pay are administered in the best interest of the Hospital’s services. Recognizing that the Administrator is responsible for the manner in which overtime work is authorized, it is especially important to control unauthorized overtime.

D. Each Department Head and/or Division Manager is responsible for internal controls, which will provide a means of reviewing and evaluating the use of overtime. The practice of overtime work will be subject to review by Administrator.

E. Overtime work will occur when an employee renders service under any of the following conditions:

1. The employee renders service in excess of 40 straight time hours per workweek, except nurses and other health care professionals whom are guided by statue P.L.24-235.

2. The employee renders service on the employee's scheduled day off and there has been no change, by mutual consent or by due prior notice, in the work schedule.

7.403 EMERGENCY SITUATIONS DEFINED

The Administrator shall arrange the employment and work programs of the Hospital in such a way that overtime is not required except in emergency situations.

Overtime work may be required for any covered employee in emergency situations as described below:

A. Where an established post of duty must be covered 24 hours per day, and an employee is not available to cover that post on a given shift.

B. When danger to life, health, or well‑being of the public, employees, patients, inmates or other persons could occur if an employee is not required to be on duty or where danger to property is eminent.

C. Other situations where the Administrator determines that the responsibilities prescribed for the Hospital cannot be accomplished unless overtime work is authorized.

D. Employees who work during emergency periods as declared by the Governor of Guam.

7.404 COMPENSATION FOR OVERTIME WORK

A. Payment for overtime work shall be made no later than the next pay period after the overtime work is performed.

B. Overtime compensation shall be at the rate of 1 and ½ times the regular rate of pay for each hour or portion of the hour of overtime worked.

C. An employee who is subject to the maximum 240 hours of compensatory time under the FLSA, as amended, shall be paid cash wages of time and one‑half the regular rate of pay for overtime hours in excess of this maximum. Overtime must be authorized in advance and applicable only for the pay period.

D. The requirement that overtime must be paid after 40 hours a week may not be waived by an agreement between management and the employee except provided in Rule 7.405.

E. Consistent with Section 4105 (e), Title 4 of the GCA, no person shall be required to work overtime unless the employee has received certification by the Administrator that funds for overtime pay are available.

F. Employees who work during emergency periods as declared by the Governor of Guam, shall be compensated in the following manner.

1. Employees occupying permanent positions in the classified or unclassified service, except for the Administrator and his associates, by whatever title called, whose regularly scheduled hours of work fall within such an emergency period, but whose presence is not required at work, shall be granted administrative leave. Employees not occupying permanent positions are not eligible positions for administrative leave.

2. Employees not occupying permanent positions in the classified service, who were required to report to, and did work during such an emergency period, shall be entitled to overtime pay for all such hours worked.

3. Employees occupying permanent positions in the classified service or unclassified service, except for Administrator and his associates, by whatever title called, whose regularly scheduled hours of work fall within such an emergency period, and who are required to report for, and be on duty during such emergency period, shall be entitled to overtime pay for all such hours worked, in addition to full compensation for any administrative leave taken.

4. Employees occupying permanent positions in the classified service or the unclassified service, except the Administrator and his associates, by whatever title called, whose regularly scheduled hours of work do not fall within such an emergency period, but who are required to report for, and be on duty, shall be entitled to overtime pay for all such hours worked, including overtime, but not for administrative leave.

5. In the event that a typhoon emergency period includes a legal holiday, then such employees required to report for and be on duty, shall be entitled to overtime pay for all hours worked, including overtime, in addition to full compensation for holiday leave.

7.405 COMPENSATORY TIME OFF IN LIEU OF OVERTIME

A. In the absence of any funds for overtime compensation, compensatory time off shall be granted in lieu of overtime pay by mutual agreement between the employee and management, before the work is performed. A record of this agreement must be kept with the Payroll Office.

B. The number of hours of overtime work shall be converted to compensatory time credit at the rate of 1 and ½ hours for each hour of overtime work, or portion of the hour consistent with Rule 7.401.

C. Employees may accrue not more than 240 hours of compensatory time.

D. Any additional overtime work performed by employees, who have already accumulated the maximum 240 of compensatory time off, or 160 hours of actual overtime work, compensatory time off credits shall be compensated not later than the pay period immediately following the period during which the overtime was worked.

E. When sickness lasting one or more days occurs during a scheduled compensatory time off, and the employee substantiates such to the satisfaction of the Administrator, the employee shall be charged for sick leave and permitted to reschedule his compensatory time off. Application for such substitution of sick leave for compensatory time off shall be made within three workdays upon return to duty and shall be in conformance to applicable provisions of the sick leave policies and rules and regulations.

F. An employee who has requested the use of compensatory time‑off shall be permitted to use such time, within a reasonable period after making the request, if the use of the compensatory time does not unduly disrupt the operations of the Hospital.

G. An employee on compensatory time off shall be deemed to be on official leave with pay status.

H. The Administrator may require an employee to use any accumulated compensatory time off credits upon mutual agreement with the employee as to the schedule and use of these credits.

7.406 CONVERSION OF COMPENSATORY TIME OFF TO CASH

A. The Administrator may direct, at the option of the employee, payments for accrued compensatory time earned, at any time, in any combination, and which shall be paid at the regular rate earned by the employee at the time the employee receives such payment.

B. At the time of separation, the employee shall be paid in cash for all unused compensatory time credit earned at a rate of compensation not less than:

1. the average regular rate received by such employee during the last three years of the employee's employment; or

2. the final three regular rate received by such employee, whichever is higher.

7.500 NON-OVERTIME WORK WEEKS

When an employee is on non-duty pay status for less than 40 hours during such workweek, it shall be considered a non-overtime workweek and all hours shall be paid at the regular rate in accordance with established personnel policies except as provided by law.

7.600 UNAUTHORIZED WORK

All hours exceeding the 40-hour workweek worked by an employee must have the Administrator’s authorization. Unrecorded hours worked during a workweek or work period by an employee at the job site, or at his home or other duly authorized designated place, must be counted as hours worked if the Administrator and Department Head and/or Division Head have reasons to know of such practice. The Administrator must enforce his no‑work rule and may not unjustly benefit from work performed without his knowledge.

7.700 HOLIDAY PAY

A. When an employee is absent from duty at the close of the work day immediately preceding a holiday, and at the beginning of the working day immediately following a holiday, and such absences are determined to have been on leave without pay status, the employee shall not be eligible for compensation for the holiday under these rules, but shall be considered as on leave without pay status.

B. Employees who are required, because of an emergency or other reasons, to work on holidays (or their equivalent day) shall be paid at the rate equivalent to double their hourly rate of pay exclusive of any additional pay, except as otherwise provided by statute.

C. For purposes of these rules, holidays are declared to be those identified in rules.

D. Nurses and other healthcare professionals who perform work on any legal holiday shall be compensated at a rate of one and one half (1½) times the nurse’s straight time hourly rate in addition to regular holiday pay .(Pursuant to P.L. 24-325 Section 10 6228.7 (c))

7.800 NIGHT DIFFERENTIAL PAY

Work performed between the hours of 6:00 p.m. to 6:00 a.m. shall be compensated as follows:

Any employee (except the Administrator and his associates, by whatever title called) who works between the hours of 6:00 p.m. to 6:00 a.m. shall be entitled to night differential pay, calculated at the rate or their regular wage plus 10% for all periods worked between the hours of 6:00 p.m. and 6:00 a.m., provided the employee works a minimum of four (4) consecutive hours within that time period.

7.850 CERTIFICATION PAY DIFFERENTIAL

Nurses and other healthcare professionals who have a national certification and are practicing their area of certification, shall be entitled to a minimum certification pay differential calculated at the rate of their regular wage plus fifteen percent (15%) to rectify an inequity in certification pay. (Pursuant to P.L. 24-325 Section 9 6228.6)

7.900 DUAL EMPLOYMENT

No employee of the Hospital may be employed on a full-time, part-time, or contractual basis or hold an appointment to more than one (1) position in the classified or unclassified service in any department or agency or by more than one department, agency, or branch of the Government of Guam at any time, except for:

A. Persons serving as part‑time teachers, school health counselors and instructors for the Guam Community College and University of Guam and instructors who may be employed during the summer or at any other time not in conflict with their primary employment with the Hospital.

B. Persons employed by the Youth Congress.

C. Persons employed on a part‑time basis by boards or commissions.

D. Persons employed as nurses, physicians, and as ancillary/allied health professionals in the Guam Memorial Hospital Authority Ancillary Services Department.

E. Attorneys engaging in the active practice of law, or part-time judges or part-time referees.

F. Persons employed on a part-time or contractual basis who are individuals and family counselors or chemical dependency specialists.

G. Any employee of the Government whose primary employment is not in any of the agencies or professions listed above but has training and experience to qualify to be employed in the professions listed above may be employed in secondary jobs in such professions within the Government; provided that such secondary job is not in conflict with that person’s primary job and there are no qualified applicants not within the employ of the Government.

7.950 OUTSIDE EMPLOYMENT AND BUSINESS INTEREST ACTIVITIES

7.951 OUTSIDE EMPLOYMENT

Employees may work at outside employment that is not in conflict with their Hospital service, nor such as it would bring the Hospital, the government, or its employees into disrepute.

7.952 BUSINESS INTEREST ACTIVITIES

A. No employee of the Hospital shall conduct or engage in any business or trade outside the government service without the prior approval of the Administrator.

B. Every employee of the Hospital who has a direct or indirect interest in any firm, partnership, business or corporation which contracts with the Government, at the time of submission of bids or commencement of negotiations as the case may be, shall file a statement under oath with the Director of Administration for Executive Branch employees describing such interest. Any such statement shall also be given to the department head and/or division manager (i.e., Administrator) of such employee and shall also be a public record for all purposes. As used in this section, business interest includes ownership of not less than five percent (5%) of the firm, corporation or partnership equivalent to that of officer, manager, or other decision-making position.

C. Failure by an employee to comply with any of the provisions of this section shall be grounds for dismissal from Hospital service.

D. Any contract entered into involving a violation of this section may be declared null and void at the discretion of the government.

E. No contract may be entered into whereby any employee shall have any administrative, supervisory or direct power over the execution thereof if such officer or employee has any direct or indirect interest in the contractor or in the contract. All contracts entered into in violation of this section is void.

7.953 EMPLOYEE RESPONSIBILITY

A. Regular full-time employment with the Hospital is considered the primary employment of each employee. An employee shall not engage in any outside employment or business interest activities without first obtaining written approval from his/her immediate supervisor, department head and/or division manager and the Administrator on the official Outside Employment and/or Business Interest Activities form (see also Section7.952B for additional requirements covering business interest activities).

B. Failure to comply with the policy may result in disciplinary action.

7.954 Limitations

Approval for outside employment will be limited by any of the following provisions:

A. Outside employment shall not interfere with or be in conflict with the proper performance of the employee’s duties and duly scheduled work hours with the Hospital.

B. Association with any business considered as having a questionable reputation that would reflect unfavorably upon the employee or the Hospital.

` C. No approval shall be granted if the business or trade may be prejudicial to the best interests of the people, or if there may be a conflict of interest between the employee’s government position and the outside trade or business.