Current through Rules and Regulations filed through March 20, 2024
(1)
Terms and
Definitions. For the purposes of this Rule, the following terms and
definitions apply in addition to those in
478-1-.02 (Terms and Definitions):
(a) "Standard hours" in a pay period means
the number of hours worked times the number of days worked based on an eight
hour day, forty-hour week, Monday through Friday schedule.
(b) "Scheduled hours" per pay period means
the number of hours an employee is scheduled to work during the monthly or
semi-monthly pay period. If an employee works other than eight hours per day or
on days other than that which establish the standard, the scheduled hours may
vary from the standard hours per pay period.
(c) "Hours" are calculated and reported in
whole hours and decimal fractions of hours.
(2) In Pay Status. An employee
is considered to be in pay status for regularly scheduled work hours except
when on leave without pay or when suspended without pay, and will be paid only
for hours actually on duty or for properly authorized paid leave or
compensatory time. Salary payments are either made on a monthly or semi-monthly
basis.
(a) An employee beginning a new period
of state employment is considered as being hired on the day the employee
actually reports for work.
(b) When
an employee transfers from one agency to another on the last scheduled work day
of a pay period, the losing agency will be responsible for the employee through
the end of the pay period and any holidays that occur during that pay period.
The receiving agency will be responsible for the employee at the beginning of
the next pay period and for any holidays that occur during that pay
period.
(c) When an employee
transfers from one agency to another at any time other than the last scheduled
work day of a pay period, the losing agency will be responsible for a holiday
that is observed on the calendar day following the employee's last scheduled
work day at that agency. The receiving agency will be responsible for a holiday
that falls on any other calendar day prior to the employee's reporting for duty
at that agency.
(3) Reporting Hours in Pay Status.
The standard number of hours in the pay period will be reported. Hours
are calculated and reported in whole hours and quarter fractions of hours. Pay
for hourly employees should be reported in hours worked.
(a) Hours of pay to be docked should be
reported separately. If an agency uses an independent payroll provider, it may
disregard this paragraph.
(4) Calculating Salary Payments.
Any method of calculating salary payments that is not in accordance with
the provisions of this Rule must be submitted in advance to the Commissioner
for consideration and approval.
(a) Paid
Monthly. If salary payments are made on a monthly basis, the pay period will
consist of 160, 168, 176, or 184 hours, depending on the number of standard
hours in the pay period. (For example, a month with 28 days has a pay period of
160 hours; 28 days = four weeks; four weeks x 40 = 160.)
(b) Paid Semi-Monthly. If salary payments are
made on a semi-monthly basis, the first pay period is from the first through
the fifteenth of the month and the second is from the sixteenth through the
last day of the month. Each pay period will consist of 72, 80, 88, or 96 hours,
depending on the number of standard hours in the pay period. One-half of a
monthly salary will be considered as earned for each semi-monthly pay
period.
(c) Transfer. If an
employee transfers to a different agency during a month, both the losing agency
and the receiving agency will calculate the employee's pay for that month on a
semi-monthly basis.
(d) In Pay
Status Less than Full Month. A salaried employee who is in pay status less than
a full pay period should be paid as follows:
1. Determine the value of one hour of pay by
dividing the pay period salary by the scheduled hours for the pay period;
then
2. Determine the amount to be
paid by multiplying the number of hours actually worked by the value of one
hour.
(i) For example, an employee is paid
$3,000 monthly and a particular month has 28 days (160 hours). The employee is
in pay status for one-half (14 days or 80 hours) of the month. To determine the
amount the employee should be paid, divide the employee's total pay period or
monthly salary ($3,000) by total scheduled or monthly hours (160) to determine
an hourly rate ($18.75), then multiply the number of hours the employee
actually worked (80) by the employee's hourly rate ($18.75), to reach a sum of
$1,500.
(e)
Exceptions. Agencies using independent payroll systems as of July 1, 1999 may
elect to use then existing methods of calculating and reporting salary payments
until those systems are modified or replaced.
(5) Salary Adjustments. An
agency may adjust the salary of an employee who meets or exceeds performance
expectations to a higher salary, when the adjustment is necessary to meet
agency objectives. However, a salary adjustment may not exceed the maximum of
the pay range applicable to the job to which the employee's position is
assigned, unless authorized by specific Rule.
(a)
Salary Upon Promotion. When
an employee is promoted, the employee's salary should be raised to any salary
in the new pay range that provides an increase of at least 5%, with the
following exceptions:
1. The employee's new
salary may not be less than the pay range minimum or more than the pay range
maximum for the new job.
2. The
employee may voluntarily agree in writing to accept a lower salary, provided
that the salary is not below the pay range minimum. (The written agreement
should be maintained in the employee's personnel file.)
3. An employee whose salary is above the pay
range for the employee's current job is only eligible for an increase of up to
the maximum of the new range.
(b)
Salary Upon Demotion. When
an employee is demoted, the employee's salary may be set at any salary in the
new pay range that is not higher than the salary received prior to the
demotion. The new salary may not be less than the pay range minimum or more
than the pay range maximum for the new job. If an employee is demoted to a
position at a different agency, the employee is not eligible for a salary
increase for six months after the demotion, other than those approved by the
General Assembly, and is then only eligible after a performance evaluation in
the new position for which the employee received a "meets expectations" rating
or higher.
(c)
Salary Upon
Lateral Transfer. When an employee is transferred to another agency, the
employee's base salary must be the same as the base salary prior to transfer,
which may not be less than the pay range minimum for the new job. Transferred
employees are not eligible for increases to base salary during their first six
months in the new job other than those approved by the General Assembly.
Additionally, an employee who transfers to another agency is only eligible for
an increase after a performance evaluation in the new position for which a
"meets expectations" rating or higher is received.
(d)
Criteria Based Adjustments.
An agency may develop and implement plan(s) to provide salary
adjustments to employees who meet established criteria. The plan(s) must
specify the established criteria for eligibility and the amount of adjustment
that will be awarded to each employee who meets the specified criteria. Any
salary adjusted under the provisions of this Rule may not exceed the maximum of
the pay range. Any salary adjustment plan developed under this section is
subject to audit by the Commissioner and the Commissioner may require the plan
to be discontinued.
(e)
Salary Upon Job Reassignment. When a new or different pay range is
applicable to a job, the salary of employees in positions assigned to that job
on the effective date of the reassignment may not be decreased. A salary
increase may be authorized by the agency if the increased salary is not above
the maximum salary for the new pay range.
(6) Performance-Based Salary Increases.
Every employee is eligible for a salary increase based on performance
that meets or exceeds minimum criteria established by the employee's agency.
The Commissioner will determine, in accordance with the intent and
appropriations of the General Assembly, when increases will be available to
employees and how the increases will be applied to employees' base salary.
(a) The State Personnel Board will adopt
policies to establish the following:
1. How
the amount of increase to be made available to qualifying employees will be
determined;
2. The date each
qualifying employee will be eligible to receive a performance-based salary
increase;
3. The relationship
between a performance evaluation and a performance-based salary increase;
and
4. A procedure to provide an
opportunity for an employee to request reconsideration of an evaluation that
does not qualify the employee for a performance-based salary
increase.
(b) A
performance-based salary increase may not exceed the pay range maximum
applicable to the job to which the employee's position is assigned, unless
authorized by Rule.
(7) Salary Reductions. A salary
reduction is a decrease in an employee's salary without a change in the
employee's job or pay range. Salary reductions may be made for disciplinary
purposes, for the purpose of conserving funds or may be agreed to by employees
on a voluntary basis. If salaries are to be reduced on a voluntary basis, there
must be a written agreement with each employee, which should be kept in the
employee's personnel file.
(8)
Restoration of Salary Reductions. An employee whose salary has
been reduced for disciplinary purposes or on a voluntary basis retains
eligibility for the salary received prior to the reduction. The agency may
restore the salary effective the first day of any pay period following the
reduction.
(9) Conditional
Pay Supplements. An agency may develop and implement plan(s) to provide
conditional pay supplements to employees who meet established criteria (e.g.,
attaining a certain certification, performing additional duties, etc.). Such
plans are subject to approval by the Commissioner and Director of the Office of
Planning and Budget.
(a) Conditional pay
supplements provide additional compensation to all eligible employees and
should be discontinued whenever the qualifying conditions no longer apply.
These plans are part of the Addendum to the Compensation Plan. They do not:
1. Change base salary;
2. Provide a basis for the computation of
salary increases;
3. Affect
eligibility for salary increases; or
4. Provide a basis for the computation of pay
upon promotion, demotion, transfer, reappointment, or terminal leave.
(b) An employee may be awarded
multiple conditional pay supplements, according to agency policy. Any agency
may discontinue payment of conditional pay supplements when fiscal needs
dictate, provided the discontinuance is handled in a fair and equitable
manner.
(10)
County Supplements. Counties may provide supplemental payments to their
employees.
(a) For example:
1. County departments of family and children
services may supplement salaries of employees from county funds, subject to the
approval of the Commissioner of the Department of Human Resources or the
Commissioner's designee.
2. County
boards of health may supplement salaries of employees from county funds,
subject to the approval of the appropriate District Health Director.
(b) All county supplements to
salaries must be in accordance with a plan providing for similar treatment of
employees in the same job, taking into account such factors as length of
service, status, and service rating, and should be included on the regular
payroll of each agency. The Commissioner may require any of these supplements
to be discontinued.
(c) Such
supplemental payments do not:
1. Change base
salary;
2. Provide a basis for the
computation of salary increases;
3.
Affect eligibility for salary increases;
4. Provide a basis for the computation of pay
upon promotion, demotion, transfer, reappointment, or terminal leave;
or
5. Constitute earnable
compensation for retirement benefits.
O.C.G.A. Secs.
45-20-2, 45-20-3, 45-20-3.1, 45-20-4, 45-20-8.
