Section 3.10
Date: August, 1977
WORKING OUT OF CLASSIFICATION
I. APPLICABLE TO:
1. All classified employees.
II. RESPONSIBILITY:
1. Immediate supervisor for initiating the written request for approval.
2. Office of Human Resource Administration for approval of
request in accordance with
Collective Bargaining Agreements and the State of Rhode Island Personnel Rules.
III. BASIC POLICY:
1. The State Personnel Rules and contractual provisions of
union contracts, provide for compensating
employees who are required to work in a higher class of position for a period of three
(3),
five (5) or eleven (11) consecutive days or more.
2. The "three, five or eleven-day" rule should be
exercised only when absolutely essential to the
provision only when absolutely essential to the provision of adequate services.
In such cases, the
requirement must be made in writing to the employee in order to:
a. Identify the official directing such action.
b. Provide the specific reasons for the necessity to have an
employee work in a higher class
of position.
c. Avoid any confusion as to whether an employee was or was
not directed to work in a
higher class of position, and for what period of time.
3. The application of the "three, five or
eleven-day" provision is not intended to cover vacation absences.
The assignment of an employee who is on annual leave (vacation) should be
covered by someone in
a position of greater responsibility in the organizational structure.
IV. COMPLIANCE:
1. The Payroll Office will authorize payment for work in a
higher class of position only when prior
approval has been received from the Office of Human Resource Administration.
V. PROCEDURE:
1. Supervisors who feel that it is
necessary to require an employee to function in a higher class of position
will provide the Office of Human Resources
Administration with written justification prior to
notification of the employee and prior to the start of
the proposed temporary appointment. The
Office of Human Resource Administration will notify the
supervisor of approval or disapproval
within three (3) working days. Upon approval from Human Resource Administration,
department
initiates a CS-356 (Working out of Classification Form).
Procedure
Three, Five, Eleven Day Rule
Summary of Authority and Administrative Regulations:
Personnel Rule: 4.0217 When an employee is required to work in a higher
class of position for
a period of eleven (11) consecutive days or more, or for any number of days that
may be stipulated
in a particular union contract, such employee shall receive the lowest salary
rate of that higher class
which will provide a pay increase of at least one step over his/her present base
rate retroactive to
the first day of such assignment.
Union Contracts: 5.7 When an employee is required in writing by
the Appointing Authority or
designee to work in a higher class of position for a period of more than three
(3) consecutive
working days, such employees shall receive the lowest salary rate of the higher
class, which will
provide a pay increase of at least one step over his/her present rate
retroactive to the first day
of such assignment. Written authorization or direction to an employee to work in
a higher
class of position shall be given to the employee within 24 hours of said
direction and an employee
may refuse such assignment if he/she does not receive such written notice or
authorization.
Communications and Memorandums: 3, 5, or 11 Day Rule cannot be utilized if:
1. Position is frozen
2. Employee is on vacation
3. By assigning duties to employee a new position is created--position is created by CS-205 only