Hours of Work, Overtime, and Holidays

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The following is general information about hours of work, overtime, and holidays for state employees.  For specific information on how each issue is applied within an agency, employees should refer to their agency policy manual, speak to their supervisor, or consult their agency Human Resources office.

Hours of Work

The appointing authority for each agency (typically the Division Director or their designee) shall establish the working days and hours of attendance for their employees.  A full-time employee will normally work forty (40) hours within a fixed and regularly recurring seven-day period. 

Overtime Compensation

The appointing authority may require employees to perform reasonable amounts of overtime work as may be required to fulfill the responsibilities of the agency. Overtime work is compensated in accordance with leave rules and applicable state and federal statutes.

According to the Fair Labor Standards Act, certain categories of workers are designated as “non-exempt” and entitled to be compensated at the rate of time and a half for any hours worked in excess of 40 hours within a work week. The state developed three overtime pay category codes:

  • 0 - Exempt from FLSA: top level supervisory, managerial and administrative staff and persons employed in very responsible professional, technical or consultative capacities who do not normally receive overtime compensation except in unusual circumstances as determined by appointing authorities.
  • 1- Exempt from FLSA: Other supervisory, professional, technical and related positions that are compensated for overtime at a straight time rate
  • 2 - Non-exempt from FLSA: Other categories of employees who are compensated for overtime at the rate of time and a half.

Non-exempt employees (or Code 2) who work over forty (40) hours within a workweek will be compensated for their time at the rate of time and one-half, either in payment or compensatory time off from work.  For most employees, compensatory time is maintained which can then be used as time off or is paid at a later date. 

Note: Annual leave, sick leave, holidays, and other absences with or without pay are not considered as actual hours of work for computing overtime.  For example, if a non-exempt employee works four (4) additional hours on Monday, but uses four (4) hours of sick leave on Wednesday, the employee will be compensated at straight time or equal compensatory time off because the employee only worked forty hours that workweek.

Exempt employees in supervisory, professional, technical, and related categories (or Code 1) who exceed forty hours in pay status during a workweek will be compensated at their regular rate of pay, or by allowing an equal amount of compensatory time off.

Top level exempt supervisory, managerial and administrative staff, or very responsible professional, technical, or consultative employees (or Code 0) that work more than forty (40) hours during a workweek will not be compensated for their time, except in unusual circumstances as determined by their agency appointing authority.

In all instances, compensatory time off with pay is granted and approved by the agency appointing authority.

Holidays

The following are paid holidays:

  • first day of January, New Years Day
  • third Monday in January, Martin Luther King Jr. Day
  • twelfth day of February, Lincoln’s Birthday
  • third Monday in February, Washington’s Birthday
  • eighth day of May, Truman Birthday
  • last Monday in May, Memorial Day
  • fourth day of July, Independence Day
  • first Monday in September, Labor Day
  • second Monday in October, Columbus Day
  • eleventh day of November, Veteran’s Day
  • fourth Thursday in November, Thanksgiving Day
  • twenty-fifth day of December, Christmas Day

When any of the specified holidays above fall on Sunday, those holidays will be observed on the following Monday.  When any of the specified holidays above fall on a Saturday, those holidays will be observed on the preceding Friday.

Holidays are considered as a period of eight hours.

Employees who work on a holiday will be granted equal time compensatory time off from work at the time(s) the agency appointing authority designates.

To view the regulations (1 CSR 20-5.010) which address hours of work and time off for state employees, visit

Disclaimer: If there is any discrepancy between the information contained on this web page and the regulations, the regulations are the determining factor.