(1) An exempt employee must obtain approval from his or her supervisor, in advance whenever possible, to work hours which may result in the accrual of exempt compensatory time.

(2) The employee's supervisor determines whether hours worked by an exempt employee which exceed 40 in a workweek will be accrued as exempt compensatory time under these rules. The supervisor may approve or deny the accrual of exempt compensatory time either before or after the hours are worked.

(3) The employee's supervisor may, at any time, prohibit the accumulation of exempt compensatory time until an employee's balance is reduced below 120 hours or below a lower maximum balance established by the agency.

(4) The employee's supervisor decides whether hours in excess of 40 in a workweek, which an exempt employee spends traveling or attending conferences, lectures, meetings, education, or training, should be credited as exempt compensatory time under these rules.

(5) Accrued exempt compensatory time may be taken off by the employee at a mutually agreeable later date during the employee's regular working hours, if the use of the compensatory time does not unduly disrupt the operations of the agency. Where the interest of the state requires the employee's attendance, the state's interest overrides the employee's interest to take exempt compensatory time off. An agency may require an exempt employee to take accrued exempt compensatory time off during any workweek.

(6) A maximum of 120 hours of exempt compensatory time may be carried over from one calendar year to the next. A determination of excess exempt compensatory time will be made as of the end of the first pay period which extends into the next calendar year.   The employee must take off all excess compensatory time during the first 90 days of the next calendar year or forfeit the excess hours, except when the department head or designee extends the forfeiture deadline provided in (7) .

(7) In the first 90 days of the calendar year, the department head or a designee may extend the number of days the employee has to use excess compensatory time prior to forfeiture.   The employee is required to make a reasonable written request to take the time off.   Reasonable at a minimum would allow sufficient notice to take the accrued exempt compensatory time off before the forfeit date.   The agency may grant the request to take the time off before the forfeit date or grant an extension.   The extension must be made in writing not later than March 31 each year.   The length of this extension is up to the discretion of the department head or designee, not to exceed December 31 each year.   Any excess compensatory time not taken by December 31 is forfeited.

(8) An agency may adjust the schedule of an exempt employee within a workweek to avoid the accrual of compensatory time.   An agency may require an exempt employee to take accrued exempt compensatory time off during any workweek.

(9) Exempt compensatory time may be transferred with the employee to another agency, provided the new agency agrees.   An agency is not obligated to accept any exempt compensatory time when an employee transfers from another agency.   The agency, at its discretion, may agree to accept some or all accrued exempt compensatory time, up to a maximum of 120 hours.

(10) There shall be no lump sum cash compensation for accrued exempt compensatory time upon transfer or at the date of termination.

(11) Agencies are under no obligation to extend an employee's termination date to allow an exempt employee to take off accrued exempt compensatory time upon termination.

(12) A department head or designee may approve the use of exempt compensatory time to extend an employee's termination date up to a maximum of 120 hours. Such extension may be approved when the department head or designee determines that:

(a) compensatory time was accrued upon management's request in order to complete projects or meet objectives, or

(b) the employee has been denied reasonable opportunity to take off accrued exempt compensatory time.