Department of Management Services Division of Human Resource Management PROGRAM GUIDELINES SUBJECT: Pay Additives STATUTORY/RULE REFERENCE: Section 110.2035(7), Florida Statutes (F.S.), Classification and Compensation Program Section 216.251(3), F.S., Salary appropriations; limitations Section 60L-32.0012, Florida Administrative Code (F.A.C.), Pay Additives and Incentive Pay FORMS: Notification of Pay Additives EFFECTIVE DATE: October 11, 2007 Revised: August 13, 2015 ADDITIONAL REFERENCE MATERIAL: N/A I. SCOPE AND PURPOSE. This document provides general guidelines and procedures for Pay Additives for career service employees. II. DEFINITIONS. For purposes of this guideline, the following definitions apply: 1. Pay Additive: Temporary increase in pay in addition to the base rate of pay as specified in section 110.2035(7), F.S. 2. Cohort: More than one position sharing the same job classification or job occupation. III. PROCEDURE. A. Agencies are authorized to grant pay additives listed in the sub-section of Section 8 of the General Appropriations Act (GAA) related to Pay Additives and Other Incentive Programs. These additives are authorized from existing agency resources consistent with provisions of sections 110.2035 and 216.251, F.S., the applicable rules of the Department of Management Services (DMS) and negotiated collective bargaining agreements. B. Agencies may implement Shift Differential additives, On-call additives, Hazardous Duty additives, Lead-worker additives, Temporary Special Duty absent coworker additives, and Trainer Duty additives as necessary to accomplish the agency s mission and in accordance with department rules, instructions contained in the GAA, and applicable collective bargaining agreements. C. Each state agency shall include in its annual legislative budget request a proposed written plan for implementing Temporary Special Duties general additives during the next fiscal year. Division of Human Resource Management 1
1. Proposed revisions to an approved plan which become necessary during the fiscal year must be submitted by the agency to DMS Division of Human Resource Management (HRM) for review and recommendation to the Executive Office of the Governor (EOG). Such revisions may be implemented only after approval by the EOG. 2. Agencies which do not have a plan approved by the Legislature must submit requests for Temporary Special Duties general additives to HRM who will review and submit to the EOG and legislative staff. a) Agencies must notify HRM of their intent to implement Temporary Special Duties - general additives by completing and submitting the Notification of Pay Additive form at least 14 calendar days prior to the effective date of the additive. A detailed explanation of the circumstances that justify the need to establish the additive must be provided. The form can be accessed at: http://dms.myflorida.com/human_resource_support/human_resource_management/for state_hr_practitioners/forms b) HRM will send a list each week of requests from agencies for Temporary Special Duties - general additives to the EOG and legislative staff for review. c) If HRM does not receive feedback from the EOG or legislative staff within 10 calendar days from the date of submission, the requesting agencies are notified to implement the additives as requested. D. A new Competitive Area Differential (CAD) or a new Critical Market Pay (CMP) additive may not be implemented unless HRM has reviewed and recommended such action and the Legislature has provided express authority to implement it. This applies to an increase in the level of a CAD or CMP, and to the initial establishment and implementation of a CAD or CMP not in effect as of January 1, 2012. 1. For a new or to increase the level of a CAD, all affected agencies must have the funding necessary to effect the CAD; for a new or to increase the level of a CMP, only the requesting agency must have the funding necessary to effect the CMP. 2. The requesting agency shall provide the following information: A concise statement of the problem. Turnover Report obtained from the People First System. Vacancy Report as appropriate to indicate duration of vacancies. Documentation of the reduced number of applicants for positions, inability to find qualified applicants, increase in number of applicants declining interview or job offers. Number of advertisements for the class in the same geographical region during the last twelve months, including dates; and if advertised other than in People First. Information, if available, from exit interviews. Available salary information for comparable jobs in the region (public and private sector). 3. If the analysis of data supports a new CAD or CMP or an increase to an exisiting CAD or CMP, and if all affected agencies have funding necessary to implement, HRM will notify affected agencies by letter recommending approval. Copies of the approval letter are provided to the Governor s Office of Policy and Budget and appropriate legislative Division of Human Resource Management 2
staff members. The agency must then request the CAD or CMP in its annual budget request and include a copy of the approval letter. IV. APPLICABLE STATUTORY AND RULE PROVISIONS. A. Statutory Provisions Section 110.2035, F.S., Classification and compensation program. (7) The department shall establish rules for the administration of pay additives and shall delegate to the employing agencies, if appropriate, the authority to implement pay additives. The agency shall use pay additives, as appropriate, within the guidelines established by the department and consistent with directions contained in the General Appropriations Act. (a) The following pay additives are authorized: 1. Shift differentials. 2. On call. 3. Hazardous duties. 4. Lead-worker duties. 5. Temporary special duties general. 6. Temporary special duties absent coworker. 7. Trainer duties. 8. Competitive area differentials. 9. Critical market pay. (b) Each state agency shall include in its annual legislative budget request a proposed written plan for implementing temporary special duties general pay additives during the next fiscal year. Proposed revisions to an approved plan which become necessary during the fiscal year must be submitted by the agency to the department for review and recommendation to the Executive Office of the Governor. Such revisions may be implemented only after approval by the Executive Office of the Governor. A proposed revision is an action that is subject to s. 216.177. (c) A new competitive area differential or a new critical market pay additive may not be implemented unless the department has reviewed and recommended such action and the Legislature has provided express authority to implement such action. This applies to an increase in the level of competitive area differentials or critical market pay additives, and to the initial establishment and implementation of a competitive area differential or critical market pay additive not in effect as of January 1, 2012. (d) An agency may implement shift differential additives, on-call additives, hazardous duty additives, lead-worker additives, temporary special duty absent coworker additives, and trainer duty additives as necessary to accomplish the agency s mission and in accordance with department rules, instructions contained in the General Appropriations Act, and applicable collective bargaining agreements. Section 216.251(3), F.S., Salary appropriations; limitations. An agency may not provide general salary increases or pay additives for a cohort of positions sharing the same job classification or job occupations which the Legislature has not authorized in the General Appropriations Act or other laws. Division of Human Resource Management 3
B. Rule Provisions 60L-32.0012, F.A.C., Pay Additives and Incentive Pay: (1) Employees filling career service positions for which a pay additive has been approved shall receive the pay additive. A pay additive shall be removed or adjusted if there is a change in the conditions upon which it was granted. (2) Career service pay additives include the following: (a) Shift Differential When justified by competitive labor practices and in accordance with applicable collective bargaining agreements, agencies may approve this additive for positions regularly assigned to an evening, night, rotating or split shift when the major portion of the hours assigned during the shift are between 5:00 p.m. and 6:00 a.m. (b) On-Call Agencies may approve employees to be placed on-call. Employees placed oncall shall be compensated in accordance with applicable collective bargaining agreements. 1. Agencies may assign this additive to individual employees subject to the following conditions: a. The employee has been instructed by the appropriate management to remain available to work during an off duty period. b. The employee must leave word where the employee may be reached by phone or electronic signaling device; and c. The employee is available to return to the work location on short notice to perform assigned duties, notwithstanding that the employee may be in paid or unpaid leave status. 2. An employee who is absent from work due to personal illness for all or part of the previous work shift may be excluded from on-call status at the supervisor s discretion. 3. The on-call additive will begin when the employee is released from the work shift and actually goes on-call. An employee cannot receive the on-call additive while performing regularly scheduled or normal work, even if the work day is extended beyond the normal hours of work. 4. An employee shall continue to be compensated for the on-call additive in addition to any hours the employee is compensated for being called back to the work location to perform work activities. (c) Hazardous Duties An agency may approve this additive for specific positions when it can be demonstrated that the duties and responsibilities on the official position description of such positions require work activities that are exceptionally hazardous or dangerous and when performed could result in serious injury or death. Such duties and responsibilities shall not be customarily associated with all positions in the broadband level. (d) Leadworker Duties An agency may approve this additive for employees who are assigned limited supervisory responsibilities that include directing the work of employees having the same or similar duties in the same work unit. The duties may also include distributing work, maintaining a balanced workload among employees, keeping records, and defining work priorities. The duties do not include evaluating performance or administering Division of Human Resource Management 4
disciplinary actions, and do not justify reclassification. The duties must be reflected on the official position description and in accordance with Chapter 60L-31, F.A.C. (e) Temporary Special Duties general Subject to the request and approval requirements provided in Section 110.2035(7)(b), F.S., an agency may approve this additive when an employee has been assigned temporary duties and responsibilities not customarily assigned to the position. The Department s review shall include the following: the duties being assigned the position; the additive amount; and compliance with the applicable collective bargaining agreement. (f) Temporary Special Duties absent coworker Unless otherwise provided in the General Appropriations Act, an agency may approve this additive when the employee is assigned the duties and responsibilities of a coworker who is absent from work due to authorized FMLA or authorized military leave. (g) Trainer Duties An agency may approve this additive when an employee is assigned the responsibility to provide on-the-job training to other employees as part of an agency-approved formalized training program provided that such training is not part of the customarily assigned duties of the position. (h) Competitive Area Differential This additive is provided for specific positions with similar duties and responsibilities when it has been determined that recruitment, turnover, or competitive pay problems exist in a defined geographic region or county(ies). (i) Critical Market Pay This additive is agency specific and provided when pay for a position is substantially below the prevailing market rate, resulting in hiring and retention difficulties. (3) Initial establishment or increases to existing levels of Competitive Area Differential or Critical Market Pay additives must be implemented in accordance with the provisions of Section 110.2035(7)(c), F.S. (4) Employees filling certain career service and selected exempt service positions may be eligible for Criminal Justice Incentive Pay and Firefighter Incentive Pay as provided for in Section 943.22, F.S., and Section 633.382, F.S., respectively. Preparer s Initials: RP File name & path: S:\Workforce\HRM\HRM Correspondence\Program Guidelines\FINAL Date: 8/13/2015 File Code: COMP.PAY.PAD Division of Human Resource Management 5
NOTIFICATION OF PAY ADDITIVES AGENCY: CONTACT PERSON: PHONE NUMBER: AGENCY EMPLOYEE NAME PERNR POSNUM CLASS CODE CLASS TITLE ADDITIVE TYPE AMOUNT REQUESTED BEGIN DATE REQUESTED END DATE REASON FOR ADDITIVE Division of Human Resource Management 6