To the extent permitted by applicable Federal Law, all employees who are determined to be eligible for compensatory leave in accordance with the applicable provisions of the Salary Plan shall be granted such leave at such rates as are established under the applicable schedules within the Salary Plan for each hour or part thereof worked in excess of forty (40) productive hours per work week, subject to the following conditions: If the employee is exempted from the provisions of the Fair Labor Standards Act with respect to overtime compensation and the employee was determined to be eligible to receive overtime compensation for such excess hours worked in accordance with the provisions of Section 16-139, but funds were not available for the payment of such overtime compensation; or The employee was determined to be ineligible to receive overtime compensation for such excess hours worked in accordance with the provisions of Section 16-139. Any employee covered by the provisions of the Fair Labor Standards Act shall only be eligible to receive compensatory leave in lieu of overtime compensation to the extent permitted by applicable Federal law. Any employee entitled to be granted compensatory leave in accordance with Subsection (a), above, shall be granted such leave by the employee's appointing authority, provided that the compensatory leave shall be granted within a reasonable period of time after being earned or within such appropriate work period as may be required pursuant to any applicable Federal law.