South Carolina Code of Regulations
Chapter 19 - STATE BUDGET AND CONTROL BOARD
Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT
Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS
Section 19-718.10 - COMPUTATION OF BACK PAY
Universal Citation: SC Code Regs 19-718.10
Current through Register Vol. 48, No. 9, September 27, 2024
A. Reinstatement of pay resulting from a reversed disciplinary action shall be less any other related income, such as unemployment compensation, workers' compensation, State retirement benefits, and wages, received during the period of time in which the pay was deducted and shall be accomplished in the following manner:
1. The covered employee
shall submit to the agency a notarized statement of any wages earned during the
interim period of disciplinary action;
2. The agency shall submit a written request
for the covered employee's reinstatement of pay and a statement of back pay
due, less any other related income, such as unemployment compensation, workers'
compensation, State retirement benefits, and wages, to the State Human
Resources Director;
3. Any
unemployment compensation earned by the employee will be verified by OHR
through the South Carolina Department of Employment and Workforce. The amount
of unemployment compensation provided by the South Carolina Department of
Employment and Workforce will be used in determining the final back pay
amount;
4. The computation of back
pay must be in accordance with guidelines provided by the Office of the
Comptroller General; and
5. The
State Human Resources Director must approve the amount of reinstatement pay due
the employee. That approval is not subject to administrative appeal and will
constitute the final administrative decision.
B. The above procedure shall be followed in reversed disciplinary actions resulting from both agency internal grievance procedures as well as appeals at the State level.
C. The intent of this regulation is only to make the employee whole as if the disciplinary action had not occurred.
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