Chapter 02. Position Classifications and Compensation
Regulation .01 Classification of Positions.LinkCopy Citation
A.
The classification of positions is governed by State Personnel and Pensions Article, Title 4, Subtitle 2, Annotated Code of Maryland.
B.
A grievance involving a position reclassification is governed by State Personnel and Pensions Article, §§7-102(e), 12-101(b)(2), and 12-205, Annotated Code of Maryland, and COMAR 17.04.06.05.
Regulation .02 Documentation of the Assignment of Higher Level Duties.LinkCopy Citation
A.
Definitions.
(1)
In this regulation, the following terms have the meanings indicated.
(2)
Terms Defined.
(a)
“Documentation” means a written instrument signed by the supervisor and approved by the appointing authority making the assignment of additional duties and evidencing the justification for assigning additional duties under §B of this regulation, or evidencing the basis for reclassification of a filled position and for promoting a particular qualified candidate in the position.
(b)
“Noncompetitive promotion classification series” means a grouping of classifications through which an employee with satisfactory performance progresses from entry to full performance levels.
(c)
“Organizational unit” minimally means a group of employees within a given work setting who are rated for performance by the same supervisor.
(d)
“Qualified candidate” means a nontemporary skilled or professional service employee who meets all requirements of the classification specification or classification description and any selective qualifications of the position.
B.
Guidelines. The Office of Personnel Services and Benefits shall adopt guidelines governing the assignment of higher level duties.
C.
Documentation Requirements.
(1)
When additional duties are assigned to a filled position that may warrant its reclassification and there is more than one qualified candidate in an organizational unit, documentation shall be retained indicating the specific reasons for selecting the qualified candidate to whom the additional duties are assigned.
(2)
An appointing authority may promote from within an organizational unit a qualified candidate who is the incumbent in a position that is reclassified without requiring that the qualified candidate be on an eligible list for the particular classification, if pertinent documentation is retained.
(3)
Documentation for compliance with this regulation includes:
(a)
Position identification number;
(b)
Existing classification (code number and title);
(c)
Higher classification (code number and title);
(d)
Name of organizational unit;
(e)
Unit supervisor's name and title;
(f)
List of employees qualified and considered for the higher class in the organizational unit by name, classification, race, sex, and Social Security number;
(g)
Name of the individual selected;
(h)
Justification for assignment of additional duties or request for promotional reclassification for the specific individual, which may include experience, training, work performance, seniority, or the fact that no other competition exists for the job; and
(i)
Signatures of the immediate organizational unit supervisor and the appointing authority or designee.
(4)
The Secretary may request appointing authorities to submit documentation or periodic reports of information in a manner required by the Secretary.
(5)
Documentation shall be retained by the appointing authority for at least 3 years.
D.
Any action taken under §C(1) and (2) of this regulation when the selected candidate does not meet all of the requirements of the classification specification or any selective qualifications of the position shall be voided by the Secretary.
Regulation .03 Rates of Compensation—Generally.LinkCopy Citation
The State shall compensate an employee in accordance with the pay plans, regulations, and guidelines promulgated by the Secretary unless otherwise specified by law.
Regulation .04 Shift Differential.LinkCopy Citation
A.
Definitions.
(1)
In this regulation, the following term has the meaning indicated.
(2)
“Sworn police officer” means a law enforcement officer who:
(a)
In an official capacity, is authorized by law to make arrests; and
(b)
Is within the Secretary's salary setting authority.
B.
The State shall pay shift differential to an employee, in a position designated by the appointing authority, who works a qualifying shift, except those employees specified in §G of this regulation.
C.
A qualifying shift means a full-time or established part-time shift which starts at or after 2 p.m. and at or before 1 a.m.
D.
The State shall pay shift differential on a prorated basis to an employee who works any part of a qualifying shift.
E.
The State shall pay a separate shift differential to an employee who works overtime from a qualifying shift into another qualifying shift, in addition to any overtime payment or compensatory time to which the employee may be entitled.
F.
The State shall pay a separate shift differential, in addition to any overtime payment or compensatory time to which the employee may be entitled, to an employee who works overtime from a nonqualifying shift into a qualifying shift, if the employee works at least 1/2 of the qualifying shift.
G.
The State may not pay a shift differential to an employee who is on leave.
H.
The rate of shift differential pay shall be the rates listed in this regulation or as increased by the secretary under separate guidelines:
(1)
For classifications in Salary Grades 5 through 17: 62.5 cents per hour;
(2)
For registered nurses through Salary Grade 19 in State institutions, except at Clifton T. Perkins Hospital Center: $2.60 per hour for an evening shift and $2 per hour for a night shift;
(3)
For registered nurses through Salary Grade 20 in the Clifton T. Perkins registered nurse classification series: $2.60 per hour for an evening shift and $2 per hour for a night shift;
(4)
For sworn police officers and fire marshals: $1 per hour;
(5)
For airport firefighters at the Department of Transportation: $1 per hour.
Regulation .05 Other Differentials.LinkCopy Citation
A.
Differentials Paid for Weekend Shifts.
(1)
In addition to shift differentials and any other differential paid, the State shall pay a differential of $2 per hour to registered nurses through Salary Grade 19 who work weekend shifts in State institutions, except Clifton T. Perkins Hospital Center.
(2)
In addition to shift differentials and any other differential paid, the State shall pay a differential of $2 per hour to nurses through Salary Grade 20 in the Clifton T. Perkins registered nurse classification series who work weekend shifts.
B.
The State shall pay a registered nurse who works in a State institution time and one-half the regular rate for any shift worked on any of the following holidays as provided in COMAR 17.04.11.08:
(1)
New Year's Day;
(2)
Memorial Day;
(3)
Independence Day;
(4)
Labor Day;
(5)
Thanksgiving Day and the day after Thanksgiving;
(6)
Christmas Day.
C.
The State shall pay community health nurses through Salary Grade 18 assigned to the Home Health Program of the Maryland Department of Health who are required to be available for consultations on an on-call basis a differential of $1.50 per hour during the period of time on call. This differential may not be paid for the period of time the community health nurse is on duty.
D.
In addition to shift differentials, the State shall pay a differential of $1 per hour to licensed practical nurses and certified nursing assistants who work weekend shifts in State institutions.
E.
The Secretary may establish other pay differentials to facilitate the recruitment and retention of employees.
Regulation .06 Acting Capacity Pay.LinkCopy Citation
A.
An employee designated by an appointing authority to perform on a temporary basis all the duties of a position in a classification that has a rate of pay which is higher than that of the employee's classification shall be paid additional compensation, known as acting capacity pay, in accordance with guidelines adopted by the Office of Personnel Services and Benefits and §C of this regulation. The amount of the acting capacity pay shall be the amount which the employee would be paid if permanently promoted to the higher classification unless otherwise provided by law.
B.
Guidelines. The Office of Personnel Services and Benefits shall adopt guidelines to insure that acting capacity pay designations are done equitably and without abuse.
C.
Employees Designated for Acting Capacity Pay.
(1)
An appointing authority may designate an employee to perform temporary duties in a classification for which the rate of pay is higher than that of the employee's classification for any of the following reasons:
(a)
The temporary absence of an incumbent;
(b)
A vacancy exists for which recruitment is underway; or
(c)
Unusual circumstances which necessitate assignment of duties at a level higher than that of the employee's classification.
(2)
An appointing authority shall ensure that an employee designated to receive acting capacity pay meets the minimum qualifications of the higher level classification and any special requirements of the position.
(3)
As of July 1, 1998, an appointing authority may not designate an employee to perform temporary duties in a classification for which the rate of pay is higher than that of the employee's classification if both the employee's classification and the higher classification are within the same noncompetitive promotion classification series.
(4)
As of July 1, 1998, payment for acting in a higher classification shall be made as follows when the employee's normal rate of compensation is:
(a)
Between grades 1 and 10, additional compensation shall be paid for the period in excess of 10 continuous work days;
(b)
For grade 11 or above, additional compensation shall be paid for the period in excess of 20 continuous work days.
(5)
The initial period of acting capacity pay is limited to 6 months or less and may be extended for periods of up to 6 months.
D.
Documentation and Reports.
(1)
An appointing authority shall maintain documentation in a manner required by the Secretary for each acting capacity pay action. Documentation shall minimally include:
(a)
The reason for authorizing acting capacity pay;
(b)
Justification for selecting the employee designated for acting capacity pay; and
(c)
The reason for an extension of acting capacity pay.
(2)
An appointing authority shall maintain acting capacity pay documentation for a period of at least 3 years after the acting capacity pay ends.
(3)
An appointing authority shall provide reports documenting acting capacity pay determinations at times and in a manner required by the Secretary.
E.
Acting capacity pay transactions and documentation are subject to periodic audits by the Secretary.
Regulation .07 Effective Date of Position Reclassification and Acting Capacity Pay Designations.LinkCopy Citation
A.
The effective date of a position reclassification or acting capacity pay designation shall be the date on which the duties and responsibilities warranting the reclassification or acting capacity pay designation are assigned to the position, but the effective date may not be earlier than 1 year before the date on which the reclassification or acting capacity pay designation is authorized or within 1 year of the date when the employee's grievance concerning reclassification or acting capacity pay designation was filed.
B.
Back pay awarded as the result of a reclassification or acting capacity pay designation grievance shall be in accordance with State Personnel and Pensions Article, §12-402, Annotated Code of Maryland.
C.
A position reclassification or acting capacity pay designation which is the result of the adoption by the Secretary of a new or revised classification title or new or revised standards shall be effective on the date determined by the Secretary.
Regulation .08 Overtime Pay; Exceptions.LinkCopy Citation
A.
Overtime pay is governed by State Personnel and Pensions Article, Title 8, Subtitle 3, Annotated Code of Maryland, and, to the extent applicable, by the federal Fair Labor Standards Act (FLSA).
B.
Employees to Receive Overtime Payments.
(1)
The Secretary shall determine the classifications for which overtime payments are mandatory and shall inform appointing authorities of that determination.
(2)
Monetary overtime payments may not be made to executive, administrative, or professional employees except in instances of a bona fide emergency directly affecting public safety as determined by the appointing authority and approved by the Secretary. For the purpose of overtime, the Fair Labor Standards Act, to the extent applicable, defines an executive, administrative, or professional employee.
(3)
In bona fide emergency circumstances, the Secretary shall specify the time period during which cash overtime payments are authorized, the payment rate, and such other limitations or requirements as the Secretary deems necessary.
C.
Computation of Overtime Payments. The appointing authority shall assure that overtime payments are made at time and one-half the regular hourly rate. The regular hourly rate is determined by dividing total straight time earnings, including shift differential, by the total number of hours worked.
D.
Compensatory Time Instead of Monetary Overtime Payment for FLSA Nonexempt Employees.
(1)
Pursuant to the provisions of the Fair Labor Standards Act, to the extent applicable, an appointing authority may permit a nonexempt employee to receive compensatory time for overtime worked.
(2)
Before working the approved overtime, the employee shall:
(a)
Make the choice of whether to receive monetary compensation or compensatory time, if offered; and
(b)
Notify the appropriate supervisor of the choice in writing.
(3)
If the employee chooses to receive monetary payment for overtime, the appointing authority shall assure that the employee receives monetary payment for overtime in accordance with §B of this regulation.
(4)
The appointing authority shall assure that the employee earns compensatory time at the rate of 1-1/2 times the time worked in excess of 40 hours in a workweek.
(5)
An employee may accrue up to 240 hours of compensatory time except that an employee who works in a public safety activity, emergency response activity, or seasonal activity may accrue up to 480 hours of compensatory time. After an employee has reached the applicable accrual limit, which is the maximum balance that may be maintained at any time, the appointing authority shall assure that an employee receives monetary payment for overtime worked.
(6)
At any time an appointing authority may provide an FLSA nonexempt employee monetary payment for accrued compensatory leave at the rate set forth in COMAR 17.04.11.19B.
Regulation .09 Standard Salary Plan Actions.LinkCopy Citation
A.
This regulation applies to all employees of the State Personnel Management System in classifications compensated in accordance with the Standard Salary Plan which are under the salary authority of the Secretary.
B.
Establishing a rate of pay for a new classification or amending the rate of pay for an existing classification is governed by State Personnel and Pensions Article, §4-201 and Title 8, Subtitle 1, Annotated Code of Maryland.
C.
The Secretary shall publish guidelines and policies for individual position actions, including but not limited to:
(1)
Salary for part-time employment;
(2)
Salary upon initial appointment;
(3)
Salary upon reemployment or reinstatement;
(4)
Determination of increments or merit increases;
(5)
Salary upon transfer or reassignment;
(6)
Salary upon promotion or demotion; and
(7)
Processing sequence for simultaneous transactions which affect salary.
D.
Increments or merit increases are:
(1)
Granted January 1 to an employee who was appointed on or between January 1 and June 30, or July 1 to an employee who was appointed on or between July 1 and December 31, unless delayed by an act of the legislature or an executive order;
(2)
Provided to an employee whose overall performance is rated satisfactory or above on the employee’s annual performance appraisal; and
(3)
Subject to the availability of funding in the State budget.
Regulation .10 Bilingual Pay.LinkCopy Citation
A.
An employee may be designated by an appointing authority to provide translation services when the appointing authority determines that these services are necessary to conduct the business of the unit.
B.
Unless bilingual skill is in the classification specification, an appointing authority may not require an employee to use bilingual skills to serve as a translator unless the employee is paid a minimum bilingual bonus or hourly equivalent of $25 per month.
C.
This regulation shall apply as of July 1, 1998.
Regulation .11 Lead Worker Pay.LinkCopy Citation
A.
Except as provided in §C of this regulation:
(1)
An appointing authority may not require an employee to assume lead worker duties unless the employee is paid additional compensation; and
(2)
An employee may refuse to perform lead worker duties without penalty if additional compensation is not offered by the appointing authority.
B.
An employee who voluntarily performs lead worker duties without compensation may not be:
(1)
Negatively evaluated on the employee's performance of the lead duties; and
(2)
Disciplined for actions that relate to the lead worker position if the employee's actions were taken in good faith.
C.
An employee may be required to assume lead worker duties without additional compensation if the assignment is for a limited duration of 90 days or less.
D.
This regulation shall apply as of July 1, 1998.
Regulation .12 Call-Back Pay.LinkCopy Citation
A.
An employee who is called to report to work on the employee's regular day off or who has been recalled to work after having left the employer's premises, shall be guaranteed the greater of a minimum of 1 hour of pay plus travel time at the:
(1)
Regular rate of pay; or
(2)
Applicable overtime rate.
B.
An employee who is currently guaranteed a minimum of pay of greater than 1 hour shall continue to be paid at the greater minimum.
C.
If an employee is paid for 8 hours or more, travel time may not be paid.
D.
This regulation shall apply as of July 1, 1998.
Regulation .13 Report Pay.LinkCopy Citation
A.
An employee who is prescheduled to work an overtime shift in a 24-hour facility and reports to duty shall be guaranteed 3 hours overtime pay at the appropriate rate unless the employee is a holdover from a previous shift.
B.
This regulation shall apply as of July 1, 1998.
Chapter annotations
Authority: State Personnel and Pensions Article, Titles 4, 6, and 8, Annotated Code of Maryland
History: Effective date:
History: Regulations .01—.09 adopted as an emergency provision effective February 12, 1997 (24:5 Md. R. 391); emergency status expired August 12, 1997; amended permanently effective September 8, 1997 (24:18 Md. R. 1297)
History: For a history of State Personnel Regulations before February 12, 1997, see the prior version of COMAR Title 06 or contact the Maryland State Archives for assistance.
History: Regulation .04 amended effective August 24, 1998 (25:17 Md. R. 1361); August 6, 2001 (28:15 Md. R. 1400); September 11, 2006 (33:18 Md. R. 1507)
History: Regulation .05 amended effective September 11, 2006 (33:18 Md. R. 1507)
History: Regulation .06C amended effective August 24, 1998 (25:17 Md. R. 1361)
History: Regulation .09D adopted effective September 14, 2015 (42:18 Md. R. 1179)
History: Regulation .10 adopted effective August 24, 1998 (25:17 Md. R. 1361)
History: Regulation .11 adopted effective August 24, 1998 (25:17 Md. R. 1361)
History: Regulation .12 adopted effective August 24, 1998 (25:17 Md. R. 1361)
History: Regulation .13 adopted effective September 7, 1998 (25:18 Md. R. 1437)