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"If I am terminated for cause, can accumulated leave time and comp time be denied me?" | Sklover Working Wisdom
Question: I was recently terminated by a municipal employer for which I am sure they will claim was "cause." Over the course of my employment I have accumulated significant "leave time" and "comp time" that, under normal circumstances, and according to the Leave Manual would be given to me in a lump sum upon separation. Can they deny me this earned income because I was terminated for cause? Bruce New York, New York Answer: Dear Bruce: As a general rule, all employees must be paid for all time worked. However, there is a fundamental difference between "comp time" and "leave time" when that rule is applied. 1. By federal law all employees (other than executives, professionals and managers) must be paid at an overtime rate (time-and-one-half) after 40 hours of work in a week. The federal Fair Labor Standards Act (often called "FLSA") requires such "overtime pay." However, municipal government employees, like yourself, may be offered the option of taking "compensatory time" (often called