ARTICLE 19 - OUT OF TITLE WORK

Section 1. Work in a Lower Classification

  1. When an employee is assigned by the appointing authority or designee to perform the duties of a position classified in a grade lower than that in which the employee performs his/her duties, he/she will be compensated at his/her regular rate of pay as if performing his/her regular duties.
  2. An employee who is assigned by the appointing authority or designee to perform overtime work in a lower classification shall have overtime compensation computed at the employee's regular rate of compensation.

Section 2. Work in a Higher Classification

  1. Any employee who, with the full knowledge and concurrence of the appointing authority or designee and due to a position being vacant, performs the duties of a position classified in a higher grade or of a position of higher rank for a period of one day or more up to fifteen consecutive work days, shall receive, in addition to his or her regular salary, six dollars ($6.00) per day. If after fifteen consecutive work days the employee continues to perform the duties of a position classified in a higher grade or of a position of higher rank said employee shall receive appropriate compensation, in accordance with Article 14, from the sixteenth day forward while in the higher grade. However, if it is known from the first day that said assignment is to be for more than fifteen (15) consecutive work days said employee shall receive appropriate compensation, in accordance with Article 14, fromt he first day such duties are performed. This section only applies to the reassignment of duties necessitated by an unfilled higher position or by the absence of the incumbent of a higher position due to sick leave or leave without pay. This section does not apply to the assignment of an employee to perform the duties of a higher position when the incumbent of the higher position is on any paid leave other than sick leave, however, if there is a change in the paid leave status of the incumbent during the duration of his or her sick leave, the employee shall continue to receive the additional compensation in accordance with the provisions of this section.

    Whenever any employee is performing the duties of a higher position in accordance with the conditions stated above, he/she shall no sooner than the fifth consecutive working day of their performance and no later than the tenth consecutive working day, complete and transmit to his/her supervisor the form attached (Appendix B). The supervisor shall thereupon complete the applicable portion of the form and forward it to the department head, or designee, who shall sign the form and transmit the same to the Personnel Administrator or designee, who shall thereupon determine whether the work is or is not out of title work. This determination as well as the appropriate position classification to be assigned to an employee under the provisions of this section shall be determined by a job audit to be performed by the Personnel Administrator or designee and shall be final and binding on all parties.

  2. An employee who is assigned by the appointing authority to perform overtime work in a higher classification shall have overtime compensation computed at the first step rate of the higher classification, unless the employee's regular rate of compensation is higher, in which case the overtime compensation shall be computed at the employee's regular rate of compensation.


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