Bulletin 05-04 - Clarification of "Work Week" and "Work Period"

1.0

SUBJECT: Clarification of the terms “workweek” and “work period” with respect to Fair Labor Standards Act (FLSA) issues.

2.0

EFFECTIVE DATE: August 1, 2005

3.0

DISTRIBUTION: State HR Directors

4.0

FROM: Jack E. Rickerson, Director DATE: August 1, 2005

5.0

PURPOSE: This Bulletin clarifies the difference between the terms “workweek” and “work period” with respect to the compensation practices of the State of Kansas.

6.0

BACKGROUND:
While these terms both appear in both K.A.R. 1-5-24 (Overtime) and 1-9-1 (Hours of Work), neither is currently defined in Article 2 of the personnel regulations. This Bulletin is for clarification purposes only and does not make any policy changes as the current policy with respect to the understanding of the difference between these two terms is correct under the FLSA.

7.0

PROVISIONS:

7.1

Definitions:

For the purposes of K.A.R. 1-5-24 and 1-9-1, the term:

a) “Workweek” means a fixed and regularly reoccurring period of 168 hours – seven
consecutive 24-hour periods; and

b) “Work period” refers to any established and regular reoccurring period of work which cannot be less than seven consecutive days nor more than 28 consecutive days.

7.2

Explanation of the use of a workweek as opposed to a work period:

a) Only those employees who specifically qualify under the FLSA may substitute work periods for a workweek.

b) Within the state workforce, this group consists exclusively of employees involved in public safety activities (i.e. commissioned law enforcement officers and firefighters).

c) Pursuant to K.A.R. 1-9-1, most overtime eligible (non-exempt) employees may rearrange their regularly scheduled hours of work as approved by the appointing authority, but may only do so within a single workweek.

d) Those employees who are eligible to substitute work periods for workweeks may rearrange their regularly scheduled hours of work within that work period.

8.0

REFERENCES:

• K.A.R. 1-5-24, Overtime: /ps/documents/regs/art-5.htm#1-5-24

• K.A.R. 1-9-1, Hours of work: /ps/documents/regs/art-9.htm#1-9-1

• The Federal Fair Labor Standards Act (FLSA): https://www.dol.gov/agencies/whd/flsa

9.0

CONTACT PERSON: If you have questions about this Bulletin, or believe that you know of a situation where the distinctions set out above were not utilized correctly, please contact Danelle Harsin at danelle.harsin@ks.gov or (785)296-4383.