Options and examples

One of the many advantages of working at the VCU is the quality of our work life. While numerous factors contribute to a positive working environment, a major benefit is flexibility in work schedules that allows staff to balance their work and family life. The Fair Labor Standards Act (FLSA) generally categorizes staff in one of two groups, either “exempt” or “non-exempt." These employee categories are described as:

  • Exempt employees are

    • Employees who are not eligible for ( are “exempt” from) the overtime compensation provisions of the FLSA.
    • They are expected to complete the job whether 40 hours or more are required to finish the work.
  • Non-exempt employees are

    • Subject to the mandatory overtime provisions of the FLSA and are paid for every hour worked.
    • Receive overtime pay (at the rate of time-and-a-half) for all hours worked in excess of forty hours in any workweek. A special provision was added to the FLSA that allows public employers to offer non-exempt employees overtime leave off in lieu of overtime pay. Under this exception, overtime leave must be voluntary and must be accrued at the rate of time-and-a-half for every hour worked in excess of forty hours in a week. Bonuses and other incentive payments are not included when calculating the time-and-a-half rate of pay.

A flexible work arrangement is not an accommodation. It is important to note that flexible work arrangements as outlined in this guide are not substitutions for, or part of, the accommodation for employees with disabilities. In cases where an employee requests a flexible work arrangement for medical reasons or to accommodate a disability, the university has a duty to accommodate (to the point of undue hardship). There is a separate process in place to arrange for accommodation related to illness or disability. Please contact VCU Human Resources Employee Relations Office, who will assist in assessing the request and exploring possible ways to accommodate it. These examples for compressed schedule, flextime schedule, job sharing, reduced schedule, staggered scheduling, and telework are for non-exempt employees. Although strict recordkeeping of hours work are not required for exempt employees, similar schedules can be adopted.