Current through Register Vol. 48, No. 9, September 27, 2024
A. General
Provisions
1. In accordance with this
regulation, agencies may develop internal dual employment policies.
2. Dual employment shall be limited in
duration to the specific time frame approved which cannot exceed 12
months.
3. The practice of dual
employment should not be used to provide higher continuing salaries than those
approved by the Budget and Control Board. An employee engaged in dual
employment shall satisfy the requirements of the established hours of work for
the employing agency.
4. No agency
head may be dually employed by another agency or institution of higher
education without prior approval by the Agency Head Salary Commission and the
Budget and Control Board.
B. Approval of Dual Employment
1. The agency heads or their designees of the
employing and requesting agencies, or the agency head or his designee when the
dual employment is in the same agency, are responsible for approving dual
employment requests prior to the beginning of the dual employment
relationship.
2. Because the
requesting agency is responsible for coordinating dual employment arrangements,
the requesting agency will coordinate the approval and any modifications of the
dual employment request with the employing agency.
3. The employing agency should process dual
employment requests in a timely manner.
C. Scheduling Dual Employment
1. Dual Employment Between Two Agencies
Ordinarily, an employee's work schedule with the employing
agency should not be altered or revised to provide time to perform dual
employment duties for the requesting agency. However, an employee may be
permitted to use annual leave or leave without pay to provide services during
working hours for a requesting agency and may receive compensation from the
requesting agency for services performed during the period of leave.
2. Dual Employment Within an
Agency
An employee who performs services during other than normally
scheduled hours of work for his employing agency may be considered to be
performing dual employment and be paid additional compensation, if such
services constitute independent, additional job duties from those of the
employee's primary duties within the agency. No employee shall receive any
additional compensation from the employing agency while in a leave with pay
status to include all designated State holidays, annual leave, and compensatory
time. The agency head should only approve dual employment within the same
agency when extraordinary circumstances exist based on the agency's business
needs.
D.
Compensation for Dual Employment
1. No
compensation for dual employment shall be paid to an employee prior to the
approval of a dual employment agreement.
2. Both the employing agency and the
requesting agency must comply with the provisions of the Fair Labor Standards
Act (FLSA).
3. Compensation for
dual employment will be determined by the requesting agency; however, the
maximum compensation that an employee will be authorized to receive for dual
employment in a fiscal year shall not exceed 30% of the employee's annualized
salary with the employing agency for that fiscal year. The employing agency is
responsible for ensuring that dual employment payments made to its employees
within one fiscal year do not exceed the 30% limitation. The Office of Human
Resources (OHR) is authorized to approve exceptions to the 30% limitation based
on written justification submitted by the agency.
4. Payment of dual employment compensation
shall be made in a timely manner. The secondary agency must make payment of
funds approved for and earned under dual employment within 45 days of the
beginning of the employment.
5. No
employee shall be eligible for any additional fringe benefits as a result of
dual employment, including but not limited to annual leave, sick leave,
military leave, State insurance, and holidays. However, dual employment
compensation shall be subject to such tax and retirement deductions as
required.
E. Dual
Employment Recordkeeping
1. All dual
employment requests must be in writing and contain the following information:
a. Name of requesting agency;
b. Description of services to be performed,
beginning and ending dates of the dual employment, hours of work, and the FLSA
status of the work to be performed for the requesting agency;
c. Name of employing agency;
d. Name of employee, State title of the
employee's position, the FLSA status of the employee's position at the
employing agency, present annualized salary of employee, and scheduled hours of
work at the employing agency;
e.
Amount and terms of compensation, if applicable; and
f. Signature of the agency heads or their
designees, of both the requesting and the employing agencies, authorizing the
dual employment as well as the signature of the employee.
2. For each dual employment arrangement, both
the employing and requesting agency must maintain the written dual employment
request. When the dual employment is within the same agency, that agency must
maintain a written dual employment request for each dual employment
arrangement.
