Within the provisions of these rules, the pay plan will be
uniformly administered by the resident directors under the direction of the
merit system director for all classifications in the system. Except as
otherwise provided in these rules and in the pay plan, all employees will be
paid between the minimum and maximum of the pay grade to which the employee's
classification is assigned and such pay will constitute the total cash
remuneration the employee receives for the employee's work in that position.
Any employee who is approved for participation in a phased retirement program
as provided for by state law and regent policy shall have the salary provided
under these rules adjusted as specified by such law and regent policy. In
instances where more than one rule for pay is applicable, the resident director
may apply the rule that is most appropriate for the situation.
(1)
Entrance salaries. The
entrance salary for an employee in any position under this system will be the
minimum salary of the pay grade to which that classification is assigned or in
accordance with the approved pay plan, except as provided for the following:
a.
Appointment based on a scarcity of
qualified applicants. At the request of an institution and on the
basis of economic or employment conditions which make it difficult or
impossible to recruit at the minimum rate of the pay grade to which a
classification of position is assigned, a resident director, subject to
approval by the merit system director, may authorize for a designated period of
time recruitment for that classification at a rate higher than the minimum.
Where such a higher entrance rate is authorized all employees in the same
classification and in the same geographical area, who are earning less than the
higher entrance rate, will be increased to that higher rate.
b.
Appointment based on exceptional
qualifications. Employees whose qualifications substantially exceed
the minimum required for the classification or who possess outstanding
experience relative to the demands of the position may, at the request of an
employing department and upon approval by the resident director, be appointed
at a rate higher than the minimum, provided that the pay of all other employees
in the same classification with similar qualifications working under the same
conditions as defined in 3.104(4)
"h" at the same institution
are raised to that higher rate. These appointments along with any salary
adjustments required of other employees other than the appointee must be
reported to the merit system director.
Increases authorized and granted to other employees as the
result of appointments based on the scarcity of qualified applicants,
3.39(1)"a," or appointments based on exceptional
qualifications, 3.39(1)"b," will establish new merit review
dates for affected employees. In the event that a substantial inequity is
created due to a change to a merit review date, the resident director may
determine that no change should be made to the merit review date or that an
alternate merit review date should be established.
c.
Appointments based on prior
service at the institution. Employees who were employed by an
appointing institution in a nonmerit system position and who performed duties
of the same character and responsibility as the merit classification to which
they are being appointed may be paid at a rate higher than the minimum
reflecting prior service in a comparable position. Such appointments must be
approved by the resident director and reported to the merit system
director.
(2)
Merit increases. Employees with satisfactory performance shall
be eligible to receive a merit increase upon completion of their minimum pay
increase eligibility period. The minimum pay increase eligibility period for
employees shall be 12 months from their last performance review, except that it
shall be 6 months for an employee who is appointed, promoted, or reclassified
and paid at the minimum rate for the employee's assigned pay grade. Failure to
conduct a performance review shall result in the employee being deemed to have
performed satisfactorily during this period. No merit increase will be granted
above the maximum of the pay grade. Merit increases in pay will not be made
retroactively but may be denied or deferred by the employing department on the
basis of work performance. Employees whose merit increases are denied or
deferred will be informed of such action by a written statement from their
employing department which specifies the reason(s) for the action. Deferrals of
a merit increase for six months or less for reason of unsatisfactory work
performance will not result in the establishment of a revised merit review
date.
Deferrals resulting from leaves of absence without pay or
layoff exceeding 30 calendar days will cause a change of the merit review date
equal to the time away from work.
(3)
Pay on promotion. An
employee who is promoted will be moved to the minimum rate of the new grade, or
to an equal or higher rate in the new grade that is no greater than 5 percent
higher than the employee's current base pay without approval of the merit
system director. In no event will the adjustment result in pay above the
maximum of the new grade.
If the promotion involves movement to a new grade that is three
or more grades higher than the employee's present grade, the resident director
may approve, on written request from the employing department, an increase to
the employee's present base pay of no greater than 10 percent without the
approval of the merit system director.
For the purpose of calculating the promotional increase, any
extra pay such as shift differential pay, pay for special assignment, pay for
lead worker status, on-call pay, pay for overtime, or pay for call back shall
be excluded as part of the employee's present base pay. The minimum pay
increase eligibility period will be computed from the effective date of
promotion and in accordance with 3.39(2). Pay on promotion in accordance with
the provisions of 3.39(1)"b" may be authorized by a resident
director and will be reported to the merit system director.
(4)
Pay on demotion. Upon
recommendation by the department head, and with the prior approval of the
resident director, the pay of an employee who is demoted will be set at any
rate within the new pay grade that does not exceed the rate at which the
employee was paid in the position from which the employee was demoted except as
provided in 3.39(1)
"b." Minimum increase eligibility period
will not change.
If the salary of an employee who is demoted as the result of
the reclassification of the employee's position exceeds the maximum salary of
the pay range to which the new classification is assigned, at the discretion of
the employing department and with the approval of the resident director, the
salary may be "red-circled" for a period not to exceed one year. The resident
director may request an extension be approved by the merit system director due
to special circumstances for a designated period of time.
If an employee accepts voluntary demotion in lieu of layoff,
the salary shall be retained providing funding is available. In no event will
the salary exceed the maximum of the new pay grade.
(5)
Pay on reinstatement,
reemployment or return from leave.
a.
An employee who is reinstated will be paid at a rate no greater than what the
employee was last paid, plus any across-the-board increases that would have
occurred during the time of nonemployment, and between the minimum and maximum
of the pay grade. An employee who is returned to a merit system position from a
professional position will be paid in accordance with subrule 3.39(4), pay on
demotion. The date of reinstatement will be the merit review date.
b. An employee who is reemployed to the
previously occupied class will be paid at a rate no greater than what the
employee was last paid, plus any across-the-board increases that would have
occurred during the time of nonemployment, and between the minimum and maximum
of the pay grade. When a merit increase has been granted to an employee in a
position taken through voluntary demotion in lieu of layoff and the merit
increase results in a higher rate of pay than last paid to the employee prior
to the voluntary demotion in lieu of layoff, the employee may be reemployed to
the previously occupied class with the higher rate of pay. Reemployment to the
previously occupied class from a position taken as a voluntary demotion in lieu
of layoff will not be considered a promotion. The merit review date will not
change as a result of the voluntary demotion in lieu of layoff, nor as a result
of reemployment to the previously occupied class from a position taken as a
voluntary demotion in lieu of layoff.
c. An employee who is reappointed to the
previously occupied position or a position in the same class on conclusion of a
leave without pay will be paid in accordance with the provisions concerning pay
on reemployment as provided above.
(6)
Pay for special
assignment. Provided an employee is granted special assignment in
accordance with 3.102(2), the employee will be paid for the duration of such
assignment consistent with:
a. 3.39(3)Pay on
promotion if assigned to a classification having a higher pay grade;
b. 3.39(7)Pay on transfer if assigned to a
classification having the same pay grade;
c. The present base pay if assigned to a
classification having a lower pay grade.
(7)
Pay on lateral transfer.
a. Employees who are transferred from one
position to another position in the same classification shall receive no
adjustment in base pay except as provided in
3.39(1)"b";
b.
Employees who are transferred from one position to another position in a
different classification but in the same pay grade shall receive no adjustment
in base pay except as provided in 3.39(1)"b" or as set forth
in 3.39(7)"c" and "d" below;
c. Employees who are transferred from one
classification with a lower or no advanced starting rate to a classification
with a higher advanced starting rate shall receive:
(1) An adjustment to the higher advanced
starting rate if the base pay prior to lateral transfer is less than the higher
advanced starting rate. When the base pay adjustment is the salary equivalent
of the value of a step or greater, an adjustment in merit review date will
result and be computed from the effective date of lateral transfer and in
accordance with 3.39(2); or
(2)
There will be no adjustment in base pay if the employee's base pay prior to
lateral transfer is not less than the higher advanced starting rate.
d. Employees who are transferred
from one position in a classification with a higher advanced starting rate to a
position in a classification in the same pay grade but with a lower or no
advanced starting rate shall be paid in accordance with subrule 3.39(4), pay on
demotion.
e. In no case may an
employee be paid below the minimum or above the maximum for a
classification.
(8)
Pay upon change in pay grade of class. If the class is revised
and reassigned to a higher pay grade, subrule 3.39(3), pay on promotion, will
apply.
If the class is revised and reassigned to a lower pay grade,
subrule 3.39(4), pay on demotion, will apply.
(9)
Pay for part-time
employment. Pay for part-time employment will be proportionately
equivalent to the rate for full-time employment.
(10)
Pay for exceptional
performance. An employee may be given pay for exceptional performance,
not to exceed 10 percent of an employee's current annual salary, at the written
request of the employee's department head with appropriate administrative
approval and the prior approval of the resident director. The request will
describe the nature of the exceptional job performance for which additional pay
is requested, indicate the amount proposed, and specify the source of funds.
The award may be based on sustained superior performance or an exceptional
achievement or contribution during the period since the employee's last
performance review. To qualify for an exceptional performance award, an
employee must have a cumulative performance evaluation exceeding standards and
have no individual rating below satisfactory. Payment will be made as a lump
sum award and will not change the employee's established salary rate. An
employee will be eligible to receive multiple rewards per fiscal year but not
to cumulatively exceed 10 percent of the employee's current annual
salary.
(11)
Pay for call
back. Employees who are called back to work after completing their
regular work schedule will be paid for a minimum period of three hours,
regardless of the time worked. Employees who are called back and work in excess
of three hours will be paid the actual time worked.
(12)
Pay for lead worker
status. On request of an employing department and with approval of the
resident director, an employee who is assigned and performs limited supervisory
duties (such as distributing work assignments, maintaining a balanced workload
within a group, and keeping attendance and work records) in addition to regular
duties may be designated as lead worker in the classification assigned, and
paid during the period of such designation the employee's base salary plus, at
the discretion of the institution, a percentage of the employee's base pay no
greater than 5 percent without the approval of the merit system
director.
(13)
Pay for
trainees and apprentices. The schedule of wages for trainees and
apprentices will be set at the minimum of the entrance rate of the journey
classification and decreased by 4.5 percent for every year of the program. Each
employee whose performance is satisfactory as determined by the employing
department will progress by half of the annual increase every six months from
the first step of the schedule to the entrance rate established for the journey
classification at the completion of time established for training or
apprenticeship.
(14)
Pay
for returning veterans. Veterans who return from military leave will
have their pay set by applicable federal law.
(15)
Discretionary pay increases for
permanent employees. Permanent employees paid within the designated
pay grade may be eligible for a discretionary increase to their present base
pay as a result of a market analysis, equity analysis, employment offer or
other employment situation. In no circumstance will the adjustment result in
pay above the maximum of the pay grade. A resident director shall present the
rationale for a discretionary pay increase to the merit system director for
approval.
(16)
Payment of a
shift differential. All employees will be paid a shift differential
for any shift of which four or more hours occur between 6 p.m. and midnight and
a shift differential for any shift of which four or more hours occur between
midnight and 6 a.m. The amount of the shift differential paid shall be
determined by the merit system director and may vary between or within
institutions based on geographical or market differences.
(17)
Pay for time on-call.
At the request of the employer, employees who are off duty and free to engage
in their own pursuits shall be considered on-call, provided (a) that they leave
word with the employer where to be reached if needed, and (b) that they are
able to report ready for work within a specified time after being contacted by
the employer. The rate for on-call pay shall be determined by the merit system
director.
(18)
Pay on
reclassification of position. If a position is reclassified, the
incumbent's pay will be fixed in accordance with the rules governing pay on
demotion, reemployment, transfer, or promotion, whichever is
applicable.
(19)
Recruitment or retention payments. A payment to a job
applicant or an employee may be made for recruitment or retention reasons. The
resident director shall first submit a written explanation to the merit system
director prior to any payment being made.
As a condition of receiving recruitment or retention pay, the
recipient must sign an agreement to continue employment with the employing
department to be commensurate with the amount of the payment. If the recipient
is terminated for cause or voluntarily leaves state employment, the recipient
will be required to repay the employing department for the proportionate amount
of the payment for the time remaining and it will be recouped from the final
paycheck. When the recipient changes employment to another state agency, a
repayment schedule must be approved by the employing department and the state
agency. Recoupment will be coordinated between the state agency and the
institution to ensure the proper reporting of taxes.
(20)
Emergency payments.
When a state of emergency has been declared to exist at an institution, an
employee may be given emergency pay at the written request of the employee's
department head with appropriate administrative approval and the prior approval
of the merit system director and executive director. The request will describe
the nature of the state of emergency, the services provided by the employee in
support of the management of or response to the state of emergency, the amount
proposed, and the source of funds. Payment will be made as a lump sum award and
will not change the employee's established salary rate.
This rule is intended to implement Iowa Code section
8A.413.
