1. (a) If an employee is required to work overtime, the appointing authority shall compute overtime compensation at the employee's regular rate of pay, unless the rate of the position assigned is higher, in which case the employee shall receive the higher rate.

2. (b) If an employee works overtime in a position with a lower rate of pay, the appointing authority shall compute the employee's overtime at one of the following rates:

   1. (1) If the employee is required by the appointing authority to work overtime in the lower position, the appointing authority shall compute the employee's overtime at the employee's regular rate; and
   2. (2) If the employee volunteers for overtime work in a position at the lower rate of pay, the appointing authority shall compute overtime at the lower rate.
3. (c) For an employee with a basic work period of 40 hours per week, or with a basic work period of greater than one week authorized under a collective bargaining agreement and the Fair Labor Standards Act, including but not limited to a “Garcia” schedule, the appointing authority shall pay the employee overtime pay at the rate of time and one half for all work performed in excess of the basic work period.

4. (d) For an employee with a basic work period of 37 1/2 hours, the appointing authority shall pay the employee for work performed in excess of the basic work period as follows:

   1. (1) The first 2 1/2 hours beyond 37 1/2 hours shall be paid at the employee's regular rate at straight time; and
   2. (2) Any hours above 40 shall be paid at the rate of time and one half.
5. (e) Except as otherwise provided in (g) and (h), all hours that an employee has actually worked or is required to be compensated for pursuant to a collective bargaining agreement, known as paid status in the human resource management system, except unscheduled sick leave, shall constitute time worked for the purpose of determining the work period required to establish eligibility for overtime compensation.
6. (f) An employee shall not be allowed to pyramid or otherwise duplicate compensation by accumulating overtime, holiday, or any other premium pay.
7. (g) Hours compensated while on authorized overtime in accordance with RSA 99-B and RSA 99-C shall not constitute time worked.
8. (h) Notwithstanding (e), above, and in accordance with Per 903.02(c), no employee who has reached the hours of the basic work period by any combination of hours actually worked or hours in paid status shall be entitled to paid leave for any additional hours beyond the basic work period. An appointing authority shall not approve any paid leave beyond that necessary to allow the employee to meet the applicable basic work period. When an employee has reached the hours of the basic work period by any combination of hours actually worked or hours in paid status and then actually works in excess of the basic work period, the appointing authority shall pay overtime as specified in this part.

Source. (See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; ss by #10817, eff 5-17-15; ss by #14439, eff 12-1-25, EXPIRES: 12-1-35 (formerly Per 903.03)