SCOPE Out-of-little work is intended to be temporary in nature. The rules of the Civil Service Commission governs the filling of permanent positions. An employee may not voluntarily perform the duties of the out-of-title class nor be assigned these duties without receiving out-of-title compensation. A labor employee is an employee who is appointed from a certified employment list of eligible to a labor position. A labor employee will receive out-of-title compensation provided that all of the following conditions are met: <ul> <li>The employee has been officially assigned to perform the job duties of a higher class, and:</li> <li>Is currently serving in lieu of the higher class; OR</li> <li>Is not serving in lieu of the higher class is absent for 1 of the following reasons:</li> <li>Illness or incapacitation.</li> <li>Leave of absence.</li> <li>Vacation, personal, sick, or compensatory leave.</li> <li>On temporary loan to another agency.</li> <li>No longer employed in that position by the agency, and the position is therefore vacant.</li> <li>If the position is to be filled on a permanent basis, the agency must submit an official request to fill the position. If an employment list exists, agencies must begin the selection process immediately.</li> <li>The employee has not received out-of title pay cumulatively for more than 120 work days in the current fiscal year.</li> <li>The agency head certifies that funds are available in the budget to cover the increased cost.</li> </ul> The Civil Service Commission must approve all out-of-title assignments which involve increases of 5 or more salary grades prior to the beginning of the assignment. The agency must address a MEMO {28-1418-5007} and a completed POSITION DESCRIPTION form {28-1618-5064}to the Classification Division of the Civil Service Commission requesting a review of the out-of title work being performed. If Civil Service determine that the employee is assuming all the duties and responsibilities of the higher class, the payment of out-of-title compensation will be approved. The Central Payroll Division and the agency will be notified by Civil Service of all approved requests. Note: For purposes of computing the number of salary grades involved when an employee moves between union or employee groups, salary grade 40 should be considered equivalent to salary grade 110. A labor employee who is eligible for out-of-title pay will receive the rate of the salary level in the grade of the higher class immediately above his existing rate of pay plus longevity, if applicable. If the resulting increase is less than 5₵ per hour, the employee will be paid at the next higher level, provided such increase does not exceed the maximum rate of the higher class. Labor employees eligible for out-of title pay will receive the higher rate of pay effective the first hour of assignment to the higher class. Payment of out-of-title compensation may be made in units of less than whole days, but not less than ½ hour. The maximum allowable days for which out-of-title pay is authorized is 120 cumulative work days per fiscal year. 60 WORK DAYS OR LESS Agency or bureau heads must approve out-of-title work for 60 work days or less by certifying on a PAYROLL ATTENDANCE REPORT (147-019) {<cite data-path="§AM-204-16-1">AM-204-16-1</cite>} or a WEEKLY PER DIEM TIME SHEET (147-020) that such work has been performed. Out-of-title work beyond 60 work days must be approved by the Expenditure Control Committee (ECC) prior to the 61st day of performance of such work by an employee. Requests from agency or bureau heads for such work may be granted by the ECC for any of the reasons cited in the applicable “ELGIBILITY” section of this policy. Agency or bureau heads must certify out-of-title work has been performed during the pay period in which the employee was authorized by the agency or bureau head to perform such work. Failure of the agency or bureau head to certify out-of-title pay during the current pay period requires ECC approval before payment can be authorized when the employee is continuing to perform out-of-title duties. The appointing officer should send a MEMO to the Civil Service Commission outlining the circumstances of the failure to certify; the Civil Service Commission will forward its recommendation to the Expenditure Control Committee. This request is limited to the period not certified by the agency or bureau head. In cases where the agency or bureau head approved the out-of-title work to be performed, but failed to certify the performance of such work, and the employee is no longer performing the out-of-title duties, then the agency or bureau head must send a MEMO to the Civil Service Commission outlining the circumstances surrounding the failure to properly certify the out-of-title work performed; the Civil Service Commission will forward its recommendation to the ECC. If favorably reviewed by the ECC, then the approval of the Board of Estimates is necessary before payment can be authorized. Out-of-title pay will not be authorized for labor employees for leave days or holidays. The Bureau of Management Information Systems (BOMIS) will generate every payroll period a list which contains the names of employees who have worked 60 to 120 cumulative work days during the current fiscal year in an out-of title assignment. Bomis will forward this list to the Central Payroll Division for distribution to agency bureau heads and the Department of Audits. Agency heads are responsible for ensuring that the limits stated within this policy for the performance of out-of-title work are not exceeded. The Central Payroll Division will automatically reduce an employee’s pay to the employee’s appropriate salary and grade level when the employee attains 120 cumulative work days during the fiscal year in an out-of-title assignment. This policy describes the approval of and compensation for out-of-title (substitution) work when certain categories of employees are temporarily assigned the duties of a higher classification. This part of <cite data-path="§AM-214-1">AM-214-1</cite> only applies when the employee is neither in a non-competitive labor classification (see Part I) nor performing the duties of an agency or bureau head (see Part III). An out-of-title assignment may be made only when one of the following conditions exist: <ul> <li>The incumbent in a budgeted position with a higher classification has been assigned to the duties of another position or is absent due to leave of absence, illness, incapacitation, or the use of leave,</li> </ul> <ul> <li>A budgeted position is vacated because of a retirement, resignation, termination, or transfer and no list of eligible candidates for the classification exists. (The agency head must request an examination for the classification from the Civil Service Commission [CSC].)</li> </ul> In addition, eligibility criteria require that the employee selected for the assignment must: <ul> <li>Meet the minimum qualifications of the higher classification.</li> <li>Receive a MEMO (28-1418-5017) from the agency or bureau head assigning out-of-title work.</li> <li>Assume the full range of responsibilities and duties of the out-of-title classification.</li> </ul> An employee may not voluntarily perform the duties of an out-of-title class or be assigned those duties without receiving out-of-title compensation. Special Provision When a position is unexpectedly vacated and a list of eligible candidates for the classification exists, an out-of-title payment for no more than 20 consecutive working days may be allowed. This gives an agency the opportunity to make an out-of-title assignment while it proceeds to fill the vacant position. Agencies wishing to make an out-of-title assignment under these circumstances must submit an OUT-OF-TITLE PAY REQUEST (28-1408-5159) to CSC regardless of the number of grades between the grade of the higher class and the regular grade of the assigned employee. The 20-day limit also applies when an eligible list becomes available during an approved out-of-title assignment. The procedure for approving an out-of-title assignment depends on the numerical difference between salary grades (when comparing the grade of the higher class and the regular grade of the assigned employee) and on the length of the assignment. Key differences regarding approval are summarized in the following chart and explained in subsequent sections of this policy. <table> <tbody> <tr> <td></td> <th>Grade difference of 6 or less</th> <th>Grade difference of 7 or more</th> </tr> <tr> <td>Verification that the employee meets minimum qualifications for the higher class</td> <td>Agency head (for initial period)</td> <td>CSC</td> </tr> <tr> <td>Approval of initial 120-day period</td> <td>Agency head</td> <td>CSC</td> </tr> <tr> <td>Approval of 60-day extension</td> <td>CSC and Expenditure Control Committee (ECC)</td> <td>CSC and ECC</td> </tr> <tr> <td>Approval of late requests</td> <td>CSC and ECC</td> <td>CSC and ECC</td> </tr> </tbody> </table> CSC must approve out-of-title assignments when either the employee's regular grade or the out-of-title grade is 000 or 999. Also, CSC must approve out-of-title assignments when the assignment is to or from a position in the 600 grade series. See "DIFFERENCE IN UNION GROUP" section if an out-of-title assignment is made to a class represented by an employee group other than the assignee's regular group. An out-of-title assignment should normally last no more than 120 cumulative working days during a fiscal year. One extension of up to 60 cumulative work days may be granted by CSC and ECC. Grade Difference of 6 or Less The agency or bureau head is authorized to approve an out-of-title assignment when there are 6 or fewer grades between the grade of the higher class and the regular grade of the assigned employee and when the assignment is for 120 or fewer working days. The agency or bureau head must: <ul> <li>Verify that the assigned employee meets the minimum qualifications (including any licenses or other certification) of the higher class.</li> <li>Give the employee a MEMO formally assigning out-of-title work. This MEMO must contain the job number of the higher class position.</li> <li>Certify that the employee performed the work of the higher class on the PAYROLL ATTENDANCE REPORT (147-015) (see section entitled "SUBMISSION OF PAYROLL").</li> </ul> Grade Difference of 7 or More The CSC must approve out-of-title assignments when there are 7 or more grades between the grade of the higher class and the regular grade of the assigned employee. Agencies seeking such approval must submit a completed OUT-OF-TITLE PAY REQUEST to the Classification Division of CSC before assigning an employee to work out-of-title. If the out-of-title assignment is to a position in a classification series other than the assignee's regular position, the agency must also submit a completed POSITION DESCRIPTION (28-1618-5064) to describe the duties performed by the assignee. CSC will notify both the agency and the Central Payroll Division (CPD) if it approves the request. The agency or bureau head must then give the employee a MEMO formally assigning out-of-title work. This MEMO must contain the job number of the higher class position. The agency or bureau head must also certify that the employee performed the work of the higher class on the PAYROLL ATTENDANCE REPORT (see section entitled "SUBMISSION OF PAYROLL"). Both the CSC and ECC must approve all out-of-title assignments lasting more than 120 working days within a fiscal year. Agencies seeking an extension must submit a completed OUT-OF-TITLE PAY REQUEST and a POSITION DESCRIPTION to the Classification Division of the CSC at least 30 days before the end of the initial 120-day period. CSC may disapprove the request to extend an out-of-title assignment. Before assigning a second employee to the same out-of-title duties (even though the grade difference is 6 or less), the agency must follow the application guidelines outlined in this section. ECC will notify both the agency and the CPD if it approves the extension. The agency or bureau head must then give the employee a MEMO formally extending the out-of-title assignment. This MEMO must contain the job number of the higher class. The agency or bureau head must also certify that the employee performed the work of the higher class on the PAYROLL ATTENDANCE REPORT (see section entitled "SUBMISSION OF PAYROLL"). If CSC or ECC disapproves the extension and the employee worked in the out-of-title assignment while the request was under consideration, the employee will receive the out-of-title pay rate through the date that the agency is notified of the disapproval. The agency must immediately remove the employee from the out-of-title assignment. Any of the following circumstances cause a request for out-of-title compensation to be considered late: <ul> <li>A request for approval of an initial period of out-of-title work when the grade difference is 7 or more is received by CSC 30 calendar days after the beginning of the assignment.</li> <li>A request for an extension of an out-of-title assignment is received by CSC less than 30 calendar days before the end of the initial 120-day period.</li> <li>The agency or bureau head fails to properly certify the out-of-title performance on the PAYROLL ATTENDANCE REPORT and to correct the omission by submitting an adjustment MEMO to CPD in time for the subsequent payroll.</li> </ul> All late requests must be approved by ECC. Agencies seeking approval of a late request must submit a completed OUT-OF-TITLE PAY REQUEST and a POSITION DESCRIPTION to the Classification Division of the CSC. They must complete the relevant section of the REQUEST to explain why it is late. An employee approved for an out-of-title assignment will receive a 11/3% increase for each salary grade difference when comparing the grade of the higher class to their regular grade. (When either salary grade is 000 or 999, the assigned employee will receive a straight 4% increase.) Compensation may not, however, exceed the maximum salary of the higher class adjusted for any longevity compensation to which the employee is entitled. The out-of-title salary rate will not be used in payments such as sick leave conversion or special compensation negotiated by a union or employee group. Nor will it be paid when the employee is on leave for full days during the out-of-title assignment. (These full leave days will not be counted when computing the number of days the employee has worked out-of-title.) The out-of-title salary rate will be paid for holidays when the employee is paid the out-of-title rate on the work days immediately before and after the holiday. Refer to the employee's regular union or employee group agreement to determine when out-of-title compensation begins. In addition to a pay increase, the employee may cite (with appropriate documentation) the experience gained while working out-of-title to qualify for CSC promotion or eligibility lists based on training and experience. When an employee is assigned to work out-of-title in a class in another union or employee group, the following grades are equivalent: 90, 110, 440, and 540. Also, grade 410 is equivalent to grade 65. Employees working out-of-title retain those attributes associated with their regular class such as Fair Labor Standards Act status, maximum accumulated leave, health benefits, survivor benefits, and separation pay. <table class="layout-table"> <thead> <tr> <th colspan="2">Same Employee Group</th> <th colspan="2">Different Employee Group</th> </tr> </thead> <tbody> <tr> <td>A. Out-of-title grade</td> <td>84</td> <td>A. Out-of-title grade 110, equivalent to grade</td> <td>90</td> </tr> <tr> <td>B. Employee's current grade</td> <td>75</td> <td>B. Employee's current grade</td> <td>87</td> </tr> <tr> <td>C. Grade difference (A - B)</td> <td>9</td> <td>C. Grade difference (A - B)</td> <td>3</td> </tr> <tr> <td>D. Difference x 1 1/3 (C x 1 1/3)</td> <td>12%</td> <td>D. Difference x 1 1/3 (C x 1 1/3)</td> <td>4%</td> </tr> <tr> <td>E. Employee's current daily rate</td> <td>$77.40</td> <td>E. Employee's current daily rate</td> <td>$120.25</td> </tr> <tr> <td>F. Out -of-title increase (D x E)</td> <td>$9.29</td> <td>F. Out -of-title increase (D x E)</td> <td>$4.81</td> </tr> <tr> <td>G. Out-of-title daily rate</td> <td>$88.69</td> <td>G. Out-of-title daily rate</td> <td>$125.06</td> </tr> </tbody> </table> In order for an employee to receive appropriate compensation for an out-of-title assignment, the agency or bureau head must certify the out-of-title work on the PAYROLL ATTENDANCE REPORT. The following markings must appear: <ul> <li>In black ink, enter the total number of out-of-title regular days worked in the pay period in the "Out-of-Title Days" column.</li> <li>In black ink, enter the out-of-title class number in the "Out-of-Title Class" column.</li> <li>In red ink, enter the total number of out-of-title overtime hours worked in the pay period in the "Out-of-Title Days" column.</li> <li>In red ink followed by the letter "D," enter the total number of out-of-title double-time overtime hours worked in the pay period in the "Out-of-Title Days" column.</li> <li>In black ink, enter the total number of out-of-title hours worked for compensatory time in the "Comp Time" column.</li> <li>Enter the job number of the out-of-title class and the dates of the out-of-title work (if less than all work days in the pay period) in the remarks column.</li> </ul> The agency or bureau head must initial these entries in the remarks column. The Bureau of Management Information Systems (BOMIS) will generate a listing of employees who have worked in out-of-title assignments for more than 80 cumulative work days in the current fiscal year. The listing will be forwarded to CSC and to CPD for distribution to agency heads on a bi-weekly basis. Agency heads must ensure that the time limits stated within this policy are not exceeded. This section governs out-of-title compensation for acting agency or bureau heads. An employee may not voluntarily perform the duties of the out-of-title class nor be assigned these duties without receiving out-of-title compensation. Out-of-title work is intended to be temporary in nature and is the result of a position becoming vacant. Out-of-title compensation can also be received by an employee subject to the eligibility requirements of this policy if the incumbent agency or bureau head is incapacitated, or otherwise not available, for a period which exceeds 30 consecutive calendar days. An employee who has been officially assigned by a written MEMO from the appropriate appointing authority to perform the job duties an agency or bureau head will receive out-of-title compensation provided that all of the following conditions are met: ∙ The position of agency or bureau head has become vacant and the employee has performed the duties of the higher class for 30 consecutive days. ∙ A certified list of eligibles is not available from the Civil Service Commission. If a list is not available, steps must be initiated by the appropriate appointing authority to fill the position permanently subject to the rules of the Civil Service Commission. ∙ The appointing officer responsible for the vacant position has submitted to the Civil Service Commission a REQUEST FOR CERTIFICATION OF ELIGIBLES, if available, or a REQUEST FOR EXAMINATION, if applicable. An employee fitting the definition of out-of-title work and pursuant to the eligibility requirements will be compensated by an amount equal to 50% of the difference between the present salary being earned by the employee in his permanent position and classification and the amount the employee would be paid if promoted to the higher class. An employee authorized for out-of-title pay will receive the higher rate of pay effective the first full payroll period following the 30 consecutive calendar days period of performing the duties of the higher class or following the request for an eligible list, whichever occurs last. Compensation for out-of-title pay ceases when a new appointee assumes the duties of the position or the appointing officer terminates the out-of-title assignment. To implement the out-of-title salary change, a CHANGE NOTICE (28-1618-5143) {<cite data-path="§AM-205-4-5">AM-205-4-5</cite>}must be submitted to the Civil Service Commission for subsequent forwarding to the Central Payroll Division. No written entries are required on the PAYROLL ATTENDANCE REPORT. At the conclusion of the out-of-title assignment, a CHANGE NOTICE must be processed through the Civil Service Commission to the Central Payroll Division. This notice adjusts the employee’s out-of-title pay to the rate of his permanent position and classification. November 1, 1988 July 1, 1995