Idaho State Statutes - Idaho Attorney Directory

(1) Classified and
nonclassified officers and employees who fall within one (1) or more of the
following categories are ineligible for cash compensation or compensatory time
for overtime work:
(a) Elected officials; or
(b) Those included in the definition of section 67-5303(j), Idaho Code.
(2) Classified and nonclassified employees who are designated as
executive, as provided in section 67-5302, Idaho Code, who are designated as
exempt under any other complete exemption in federal law, and who are not
included in the definition of subsection (1) of this section, shall be
ineligible for cash compensation for overtime work, but such classified and
nonclassified employees shall be allowed compensatory time off from duty for
overtime work. Such compensatory time shall be earned and allowed on a one (1)
hour for one (1) hour basis not to exceed two hundred forty (240) hours.
Accrued compensatory time off earned under this section shall not be
transferable, and shall be forfeited at the time of transfer to another
appointing authority or upon separation from state service.
(3) Classified and nonclassified employees who are designated as
administrative or professional, as provided in section 67-5302, Idaho Code, or
who are designated as exempt under any other complete exemption in federal
law, and who are not included in the definition of subsection (1) of this
section, shall be ineligible for cash compensation for overtime work unless
cash payment is authorized by the state board of examiners for overtime
accumulated during unusual or emergency situations, but such classified and
nonclassified employees shall be allowed compensatory time off from duty for
overtime work. Such compensatory time shall be earned and allowed on a one (1)
hour for one (1) hour basis, shall not be transferable, and shall be forfeited
at the time of transfer to another appointing authority or upon separation
from state service.
(4) Classified employees who are not designated as executive,
administrative or professional as provided in section 67-5302, Idaho Code, who
are not designated as exempt under any other complete exemption in federal
law, and who are not included in the definition of subsection (1) of this
section, shall be eligible for cash compensation or compensatory time off from
duty for overtime work, subject to the restrictions of applicable federal law.
Compensatory time off may be provided in lieu of cash compensation at the
discretion of the appointing authority after consultation, in advance, with
the employee. Compensatory time off shall be paid at the rate of one and
one-half (1 1/2) hours for each overtime hour worked. Compensatory time off
which has been earned during any one-half (1/2) fiscal year but not taken by
the end of the succeeding one-half (1/2) fiscal year, shall be paid in cash on
the first payroll following the close of such succeeding one-half (1/2) fiscal
year. Compensatory time not taken at the time of transfer to another
appointing authority or upon separation from state service shall be liquidated
at the time of such transfer or separation by payment in cash.

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