Authority for rules promulgated in Chapter 3, Compensation,
is found in State of Colorado Constitution Article XII, Section 13, State of
Colorado Revised Statutes (C.R.S.) ยงยง
24-50-104(1)(a), (b), (c), (e), (f), (4), (5), (6),
(9), and
24-50-104.5(1),
24-50-109.5,
24-50-136,
24-50-137, and
24-50-208, C.R.S. Board rules are
identified by cites beginning with "Board Rule." (01/01/2021)
General Principles
3-1. The Department of Personnel shall
establish rules governing compensation for the state personnel system.
Compensation practices shall provide for equitable treatment of similarly
situated employees.
3-2. Pay grades
shall reflect prevailing labor market compensation and any other pertinent
considerations. No individual employee's base pay shall be less than the
minimum of the grade or exceed a statutory lid. In the case of disciplinary
action, base pay may be less than the minimum of the grade for a period not to
exceed twelve (12) months, subject to the FLSA requirements.
Annual Compensation Survey
3-3. The Department of Personnel shall
conduct the annual compensation survey. The Director shall establish and
publish the distribution of annual compensation changes among salaries,
including establishment of statewide priority groups and group benefit
contributions, which shall be effective as provided by law. (9/1/12)
3-4. When upward pay grade changes are
implemented, the grade minimum and maximum shall be adjusted and no employee
shall be paid outside of the new grade, except in disciplinary actions
resulting in salary temporarily below the new minimum and continuation of saved
pay above the new maximum. (7/1/07)
3-5. If pay grade changes are downward,
employees' base pay shall remain unchanged, subject to the statutory three (3)
year limitation on saved pay.
Pay Rates
3-6. The Department of Personnel shall
publish the annual pay plan. Departments shall use an hourly rate based on an
annual salary to compensate employees who do not work a predetermined or full
schedule. (1/1/18)
3-7. Saved pay
applies to downward movements due to individual allocation, system maintenance
studies, and the annual compensation survey to maintain an employee's current
base pay when it falls above the new grade maximum. It may also apply when
retention rights are exercised pursuant to Chapter 7, Separation. In no case
shall the employee's base pay remain above the grade maximum after three (3)
years from the action, even if it results in a loss in pay. (1/1/18)
3-8. Unless authorized by the Director, the
rate resulting from multiple actions effective on the same date shall be
computed in the following order. The Director may withhold salary adjustments
for any employee with a final overall rating of needs improvement, except as
provided in Rule 3-4.
A. System maintenance
studies.
B. Upward, downward, or
lateral movements.
C. Repealed.
(8/1/08)
D. Changes in pay grade
minimums and maximums to implement approved annual compensation changes to the
pay structure.
E. Across-the-board
increases authorized by the General Assembly. (1/1/18)
F. Adjustments to the base pay of employees
due to merit pay in approved annual compensation changes, subject to the new
grade maximum and Rule 3-19(C)(1)(a). (1/1/18)
G. Bring salaries to the new grade minimum as
a result of compensation survey pay grade changes, except in disciplinary
actions. (1/1/18)
H. Non-base merit
payments (based on new annual salary). (1/1/18)
3-9. The appointing authority shall determine
the hiring salary within the pay grade for a new employee, including one
returning after resignation, which is typically the grade minimum unless
recruitment difficulty or other unusual conditions exist. (7/1/06)
A. Recruitment difficulty means difficulty in
obtaining qualified applicants or an inadequate number of candidates to promote
competition despite recruitment efforts.
B. Unusual conditions exist when the position
requires experience and competencies beyond the entry level or the best
candidate cannot be obtained by hiring at the minimum of the pay grade.
(1/1/18)
C. The appointing
authority's determination shall consider such factors as, but not limited to,
labor market supply, recruitment efforts, nature of the assignment and required
competencies, qualifications and salary expectations of the best candidate,
salaries of current and recently hired employees in similar positions in the
department, available funds and the long-term impact on personal services
budgets of hiring above the minimum of the pay grade.
3-10. In the case of fiscal emergency or
other budget reasons, an employee may agree to voluntarily reduce current base
pay, which shall be approved in writing by the appointing authority and
employee. If funds become available at a later date, the department may restore
base pay to any rate up to, and including, the former base pay. This policy
shall not be used to substitute for other provisions in Chapter 3,
Compensation.
3-11. When an
unclassified position is brought into the state personnel system, the base pay
for an employee appointed to the position shall be computed in accordance with
the Department of Personnel's directives that shall ensure that total
compensation is preserved to the greatest extent possible, except that base pay
shall not exceed the grade maximum. (1/1/18)
Downward Adjustments
3-12. Downward movement is a change to a
different class with a lower range maximum (e.g., non-disciplinary or
disciplinary demotions, individual allocations, system maintenance studies
including class placement, or the annual compensation survey).
3-13. In the case of system maintenance
studies and individual allocations of positions, the employee's base pay shall
remain the same, including saved pay.
A. A
department head has sole discretion to grant saved pay when employees exercise
retention rights and the decision shall be applied consistently throughout the
retention area. If saved pay is granted, the employee's name shall not be
placed on a reemployment list. (7/1/07)
3-14. In the case of other downward
movements, the base pay shall not be above the maximum in the new grade.
A. Upon reversion of a trial service employee
to the previously certified class, base pay shall be the amount the employee
would be making had the promotion or reinstatement not occurred. (1/1/14)
Upward Adjustments
3-15. Upward movement is a change to a
different class with a higher range maximum (e.g., promotions, individual
allocations, system maintenance studies including class placement, or the
annual compensation survey).
3-16.
In the case of system maintenance studies, employees' base pay shall remain the
same. If the Director finds that severe and immediate recruitment and retention
problems make it imperative to increase pay to maintain critical services, the
Director may order that base pay be increased up to the percentage increase for
the new class.
3-17. In the case of
other upward movements, the employee's base pay may increase or remain the
same, in which case the employee would receive the economic opportunity by
moving to the new grade. In no case shall the new base rate be lower than the
minimum, except in disciplinary actions, or higher than the maximum of the new
grade. Continuation of a salary increase is subject to satisfactory completion
of the trial service period.
A. When
conditional employees move upward, the base pay shall be computed based on the
certified class.
Lateral Adjustments
3-18. Lateral movement is a change to a
different class or position with the same range maximum (e.g., transfers,
individual allocations, system maintenance studies including class placement),
or an in-range salary movement in the same class and position. Base pay can be
offered at a rate that falls within the pay range of the class and does not
exceed the grade maximum. In addition, in-range salary movements are subject to
the provisions below. (1/1/14)
In-Range Salary Movements. A
department may use these discretionary movements to increase base salaries of
permanent employees who remain in their current classes and positions when
there is a critical need not addressed by any other pay mechanism. The use of
in-range salary movements is not guaranteed and shall be funded within existing
budgets. These movements shall not be retroactive and unless specifically noted
in these rules, frequency is limited to one (1) in- range salary movement in a
twelve (12) month period. No aspect of granting these movements is subject to
grievance or appeal, except for alleged discrimination; however, an alleged
violation of the department's plan can be disputed. A department's decision in
the dispute is final and no further recourse is available. Once granted, a
reduction in base salary is subject to appeal. Departments shall develop a
written plan addressing appropriate criteria for the use of any movement based
on sound business practice and needs, e.g., eligibility, funding sources,
approval requirements, and measures to ensure consistent use. The plan shall be
communicated within the department and a copy provided to the Director prior to
implementation. If granted, there shall be an individual written agreement
between the employee and the appointing authority that stipulates the terms and
conditions of the movement. Records of any aspect of these movements shall be
provided to the Director when requested. (02/2017)
A.
Salary Range
Compression. Used as a salary leveling increase where longer-term
or more experienced employees are paid lower in the range for the class than
new hires or less experienced employees over a period of time resulting in
documented retention difficulties. Thus, there is a valid need to increase one
(1) or more employee's base salary in the class to recognize contributions
equal to or greater than the newly hired or less experienced employees.
Justification shall be required based on facts. To be eligible, an employee
shall be performing satisfactorily as evidenced by the most recent final
overall performance rating. The increase may be up to ten percent (10%) or the
maximum permitted by the department's policy on hiring salaries, whichever is
greater, and subject to the pay grade maximum. (9/1/12)
B.
Counteroffer.
Used when an employee with critical, strategic skills receives a higher salary
offer from another department or outside employer and the appointing authority
needs to increase the employee's base salary for retention purposes. To be
eligible, an employee shall be performing satisfactorily as evidenced by the
most recent final overall performance rating. Written confirmation of the other
entity's salary offer is required. The increase may be up to ten percent (10%)
or the maximum permitted by the department's policy on promotional pay,
whichever is greater, and subject to the pay grade maximum.
C.
Delayed Transfer or
Promotional Pay Increase. Used when a transfer or promotion is
made with no salary increase or partial salary increase because performance
expectations are unproven and/or funds may be unavailable at the time of
transfer or promotion. This is a one (1) time base salary increase within
twelve (12) months of the date of transfer or promotion when funds become
available and the employee's contributions are fulfilled. The intent to provide
a later salary increase shall be documented at the time of the transfer or
promotion. To be eligible, an employee shall be performing satisfactorily as
evidenced by the most recent final overall performance rating. The increase may
be up to ten percent (10%) or the maximum amount permitted in the department's
policy on transfer or promotional pay increases, whichever is greater, and
subject to the pay grade maximum. Transfer, promotion, demotion, or separation
of the employee will negate the delayed increase. (1/1/18)
D.
New Hires. Used
at the time an employee is hired when performance expectations are unproven
and/or funds may be unavailable. This is a one (1) time base salary increase
within twelve (12) months of hire. The intent to provide a later salary
increase shall be documented at the time of hire. To be eligible, early
satisfactory completion of specified training objectives shall be documented.
This is limited to a one (1) time increase up to ten percent (10%) or the
maximum permitted by the department's policy on promotional pay increases,
whichever is greater, and subject to the pay grade maximum. Transfer,
promotion, demotion, or separation of the employee will negate the delayed
increase. (02/2017)
E.
Competency-Based Increase. Used when an employee
applies the complete set, or a subset, of competencies required to successfully
perform the work of a specific position. Required competencies shall be
specifically defined with deadlines and evaluation criteria for achievement,
and shall be communicated in writing to the employee prior to granting an
increase. Competencies that are the basis for this increase shall be required
to perform permanent, essential functions assigned to the position. The intent
of this increase is to promote career development by aligning pay increases
with achieving all required competencies to fully perform the job. Increases
are limited to no more than two (2) per twelve (12) month period. This type of
increase shall not be applied as a substitute for Merit Pay. To be eligible, an
employee shall demonstrate required competencies as evidenced by a written
evaluation by the appointing authority. The increase may be up to ten percent
(10%) or the maximum permitted by the department's policy, whichever is
greater, and subject to the pay grade maximum.
F.
Equity
Adjustment. An appointing authority has the ability to grant an
equity adjustment or put a plan in place to address pay inequities between
employees who perform substantially similar work. An equity adjustment shall
not include the reduction of any employee's pay. The in-range salary adjustment
shall be effective the first day of the next pay period after the appointing
authority grants an equity adjustment.
Merit Pay (9/1/12)
3-19. Merit pay consists of both base and
non-base building adjustments. Any permanent employee is eligible for merit
pay, except as provided below and as otherwise provided in Chapter 3,
Compensation. Prior to the payment of merit pay, the Director shall specify and
publish the percentage for any merit pay increase for applicable priority
groups. Adjustments are effective on July 1. The employee shall be employed on
July 1 to receive payment. The employee's current department as of July 1 is
responsible for payment, unless arrangements are made whereas the transferring
department will provide full payment of a portion of any non-base building
merit pay increase. (1/1/18)
A. If the final
overall rating is needs improvement, the employee is ineligible for any merit
pay. Merit pay shall not be denied because of a corrective or disciplinary
action issued for an incident after the close of the previous performance
cycle. (9/1/12)
B. Employees hired
into the state personnel system during the performance evaluation cycle shall
receive a prorated portion of any base or non-base building merit pay. The
proration shall be based on the number of calendar months worked.
(1/1/18)
C. Base building merit pay
shall be based on final performance evaluation and salary position within the
pay range on June 1. (1/1/18)
1. Payment of
base building merit pay shall not cause an employee's base pay to exceed the
grade maximum, and is paid as regular salary. (9/1/12)
a. The payment of any remaining portion of
base building merit pay that would cause base pay to exceed grade maximum shall
be paid as a onetime, non-base building lump sum in the July payroll. The
statutory salary lid does not apply to such a payment. (1/1/14)
2. Payment of base building market
pay shall be a comparison of state personnel system salaries to market salaries
for the purpose of measuring competitiveness. Market shall result in base
building increases to pay, only when an employee's salary is below a newly
adjusted pay range minimum. (9/1/12)
D. Non-base building merit pay shall be a
non-base building or one (1) time lump sum payment and shall be calculated
after any annual compensation adjustments, including base building merit pay.
(1/1/18)
1. Non-base building merit pay shall
be earned each year and shall be paid as a one-time lump sum in the July
payroll. The grade maximum and statutory lid do not apply to non-base building
merit pay. (9/1/12)
2. An employee
shall be employed on the date of the payment in order to be eligible to receive
a non-base building merit payment. (9/1/12)
E. Base building or non-base building merit
pay may be provided to employees, at a department's discretion if approved by
the Governor's Office of State Planning and Budgeting, when funded from a
department's state employee reserve fund using department reversions. These
discretionary merit payments shall only be paid to certified employees, in
order of priority grouping established by the Director. (1/1/18)
1. Base building merit pay increases funded
from a department's state employee reserve fund shall be provided only if the
department can justify sustainability as determined by the Governor's Office of
State Planning and Budgeting. (9/1/12)
2. Merit pay increases funded from a
department's state employee reserve fund shall not be provided more than one
(1) time in a twelve (12) month period per employee. 9/1/12)
3. Repealed. (1/1/18)
4. Repealed. (1/1/18)
Incentives
3-20. Departments are strongly encouraged to
use incentives. (7/1/06)
3-21. An
appointing authority may grant an immediate non-base cash or non-cash incentive
award to an employee in recognition of special accomplishments or contributions
throughout the year or to augment merit pay, e.g., on-the-spot cash awards,
work-life options, or administrative leave, in accordance with a department's
established incentive plan. Other than augmenting merit pay, incentives shall
not be used to supplement or substitute for annual compensation adjustments or
other base pay movements. The statutory salary lid does not apply to these
incentives. (9/1/12)
A. Departments shall have
an incentive plan prior to the use of incentives. Such plans shall include
eligibility criteria, the types of incentives allowed, cash amounts or limits
and payment methods, and a communication plan. Such plans shall be developed
with the input of employees and managers.
1.
If a department uses a type of incentive that shares cost savings from
innovations, the following applies.
a.
Employees are ineligible if they are wholly responsible for control and
operation of a division (or equivalent), the primary assignment includes
responsibility for identifying efficiencies and cost reductions, or the
position has statewide program or budget authority.
b. Savings are the result of innovative ideas
that increase productivity and service levels while decreasing costs. Savings
are not the result of normal progressive business evolution, obvious solutions
to mandated budget cuts, cost avoidance or revenue enhancement, nor do they
have adverse cost impact on other departments.
c. Savings are the difference between
anticipated expenditures prior to implementation and actual expenditures
following implementation for a full twelve (12) month period. The complete
award amount shall be no more than five percent (5%) of the savings, not to
exceed a total of five thousand dollars ($5,000) per employee or group of
employees.
3-22. Repealed. (8/1/08)
3-23. Repealed. (8/1/08)
Medical Plan
3-24. Employees in the medical pay plan shall
be compensated based solely on performance as established in the required
annual contract to be negotiated by July 1 of the contract year, or within
thirty (30) days of hire or movement within the medical pay plan for the
remainder of the contract year. Employees are not eligible for any pay
adjustments, such as merit pay. Current performance contracts may be modified
during the contract year but not compensation. Change in compensation shall
only occur at the end of a contract period, unless an employee moves to another
position, and may increase, decrease, or remain unchanged from the previous
year. In the case of upward or downward movement in the medical pay plan,
compensation shall be no lower than the minimum or higher than the maximum
rates of the new grade and a new contract shall be negotiated for the remainder
of the contract year. (9/1/12)
A. If no
contract is negotiated, the existing contract continues and base pay stays the
same until a new contract is negotiated. Employees in the medical pay plan may
grieve the rate unless it is lower, which is then subject to appeal. If the
employee moves into or out of the medical pay plan into another open-range
class, the base pay shall be negotiated subject to the grade maximum of the new
class.
FLSA and Overtime
3-25. All employees are covered by the FLSA.
Under the FLSA, the state is considered to be a single employer. Employees
cannot waive their rights under the FLSA. (04/01/2020)
3-26. The state's standard FLSA workweek is
Saturday at 12:00am through Friday at 11:59pm. This standard FLSA workweek
applies to agencies that use the official payroll system designated by the
State Controller. (11/1/2019)
A. For law
enforcement, healthcare, and fire protection employees, appointing authorities
may adopt a "work period" under the FLSA between seven (7) consecutive days to
twenty-eight (28) consecutive days in length. Overtime compensation is not
required until the employee satisfies the maximum hour standard under the
federal regulations. (11/1/2019)
3-27. Overtime is the actual hours worked by
a nonexempt employee in excess of the forty (40) hours during a standard FLSA
workweek or in excess of established work hours in adopted work periods for law
enforcement, healthcare, and fire protection employees. Such excess hours are
paid at one and one-half (1 1/2) times the employee's regular hourly base pay
rate, including applicable premium pay. Nonexempt employees paid on a biweekly
or monthly pay cycle shall be paid overtime on the employee's next regularly
scheduled payroll following the period the overtime was earned. Biweekly
employees shall be paid on the biweekly payroll and monthly employees shall be
paid on the monthly payroll. (11/1/2019)
A.
Overtime for nonexempt employees shall be approved in accordance with a
department's procedure. A department head shall establish a policy to address
unauthorized overtime work; however, prohibition of unauthorized overtime does
not avoid the requirement to pay if it is actually worked.
B. Compensatory time in lieu of monetary
payment is allowed if there is a written agreement between the department and
any employee hired after April 15, 1986. Written agreements for those hired
prior to April 15, 1986, are unnecessary provided that the department had a
regular practice in place for granting compensatory time. Acceptance of
compensatory time may be a condition of employment for new employees.
Appointing authorities shall ensure that compensatory time is scheduled as soon
as practical. Compensatory time shall not exceed two hundred and forty (240)
hours (or four hundred and eighty (480) hours- see the FLSA) and any additional
overtime shall be paid as indicated in Rule 3-27. If a department wants to
place limits on the accrual or payment of compensatory time up to two hundred
and forty (240) hours (or four hundred and eighty (480) hours- see the FLSA), a
policy shall be developed and communicated prior to use and on an ongoing
basis. Unused compensatory time at termination or transfer to another
department shall be paid at that time. (11/1/2019)
Eligibility
3-28. Department heads are responsible for
determining if each position is exempt or nonexempt based on the actual duties
performed regardless of class. Determinations shall be entered into the payroll
system and a record kept on file.
3-29. An exempt employee's pay is not subject
to reduction except as follows: (04/01/2020)
A. Deductions in increments of one (1) day
are allowed for a major workplace rule violation.
B. Deductions are allowed for any amount of
time if:
1. A leave of absence was not
requested or was denied and accrued leave is not used;
2. The time is covered by the Family and
Medical Leave Act (FMLA); or the state family medical leave;
(04/01/2020)
3. Accrued leave is
exhausted;
4. The time is a
voluntary furlough; or
5. The time
is a mandatory furlough for budgetary reasons. (04/01/2020)
3-30. Exempt employees
shall not be granted extra pay for hours worked in excess of forty (40) hours
in a workweek. An appointing authority may grant discretionary administrative
leave or other incentives but such awards shall not be tied to hours worked.
(7/1/06)
3-31. An employee may
request a review of a decision regarding eligibility, calculation of overtime
hours, and payment to the Director in accordance with Chapter 8, Dispute
Resolution.
Dual Employment
3-32. In a properly authorized dual
employment arrangement, the written agreement shall include the exemption
status designation based on the combined duties, the department responsible for
paying any overtime, and the overtime hourly rate. The overtime rate, if
applicable, is either the regular rate from one (1) of the jobs or a weighted
rate from both jobs. Work time from both jobs is combined to calculate
overtime. (1/1/18)
Work Hours
3-33. In order to minimize overtime
liability, appointing authorities may deny, delay, or cancel leave before it is
taken. Appointing authorities may require the use of accrued compensatory time
but cannot schedule compensatory time if that will make an employee forfeit
annual leave at the end of the fiscal year. (1/1/18)
3-34. Compensatory time is not leave, but a
form of compensation. Therefore, it is not included in the calculation of work
hours for overtime purposes.
3-35.
Overtime does not accrue until a nonexempt employee works more than the maximum
hours allowed in a standard FLSA workweek or designated work period as
permitted in Rule 3-26 (A). All time worked shall be recorded on a daily basis.
Overtime is calculated based on the total time worked in the standard FLSA
workweek or designated work period as permitted in Rule 3-26 (A), rounded to
the nearest quarter (1/4) hour. Overtime pay for nonexempt employees for time
worked over forty (40) hours in a standard FLSA workweek or in excess of
established work hours in adopted work periods as permitted in Rule 3-26 (A),
excludes paid leave or holiday leave with the exception of Essential Positions,
see Rule 3-36. If operational needs require an employee to regularly report to
work early or leave late, that time is counted as work hours for the
calculation of weekly overtime. (04/01/2020)
3-36. Essential nonexempt positions, as
designated by a department head, shall have paid leave counted as work time.
Essential positions perform law enforcement, highway maintenance, and support
services directly responsible for the health, safety, and welfare of patients,
residents, students, and inmates. (04/01/2020)
3-37. Scheduled meal periods are
discretionary. Scheduled meal periods are not work time and shall be at least
twenty (20) minutes. However, if the employee is materially interrupted or not
completely free from duties, the meal period is counted as work time.
3-38. Work breaks are discretionary. If
granted, breaks of up to twenty (20) minutes are work time. Breaks shall not
offset other work time or substitute for paid leave, not be taken at the
beginning or end of the workday, nor be used to extend meal periods.
3-39. Ordinary travel to and from work is not
work time. Travel from work site to work site is work time. When an employee is
required to travel a substantial distance to perform a job away from the
regular work site, the travel is work time.
3-40. Mandatory training or meetings are work
time. Voluntary training during work hours, as approved by the appointing
authority, which is directly related to an employee's job and is designed to
enhance performance, is work time. Voluntary training after hours to gain
additional skill or knowledge is not work time, even if it is job related.
Recordkeeping
3-41. The FLSA requires that certain basic
records be maintained for both exempt and nonexempt employees. Each department
is accountable for maintaining those records. (7/1/07)
3-42. Time records shall be approved by both
the employee and the supervisor. The time records are the basis for overtime
calculation and compensation. (11/1/2019)
Other Premium Pay
3-43.
Shift
Differential is additional pay beyond base pay for employees
working shifts. Eligible classes are published in the annual pay plan.
Department heads may designate eligibility for individual positions in classes
not published and shall maintain records for such cases. Shift differential
does not apply to any periods of paid leave. Second shift rate applies when
half or more of the scheduled work hours fall between 4:00 p.m. and 11:00 p.m.
Third shift rate applies when half or more of the scheduled work hours fall
between 11:00 p.m. and 6:00 a.m. If hours are evenly split between shifts, the
higher shift differential rate applies to all hours worked during the shift.
(1/1/18)
3-44.
Call
Back applies when an eligible employee is required to report to
work before the start or after the end of a scheduled shift. If there is no
release from work between the call back hours and regular shift, it is
considered a continuation of the shift and call back does not apply. When call
back applies, a minimum of two (2) hours of the employee's regular base pay is
guaranteed. Eligible employees are those who are eligible for overtime, and any
call back time is counted as work time. Employees exempt from overtime are also
eligible when approved by a department head. (1/1/18)
3-45.
On Call is
additional pay beyond base pay for employees specifically assigned, in advance,
to be accessible outside of normal work hours and where freedom of movement and
use of personal time is significantly restricted. Eligible classes and the rate
are published in the annual pay plan. A department head may designate
eligibility for individual positions in classes not published and maintain
records of such on-call designations. Only time while actually on call shall be
paid at the special rate. In call back situations, employees eligible for both
on call and call back pay shall receive call back pay only. (1/1/18)
3-46.
Second
Domicile is additional discretionary pay up to ten percent (10%)
of base pay for employees who are required to maintain a second domicile for
more than ten (10) consecutive calendar days while working out-of-state on
official state business. The department head shall authorize such
payments.
3-47. Repealed.
(1/1/18)
3-48.
Housing
Premium is a stipend granted by a department head to designated
employees living and working in high housing cost areas with demonstrated
recruitment and retention problems. It is not part of the base rate and may
begin or end at any time. Records on any aspect of this premium shall be
provided to the Director when requested.
3-49.
Discretionary Pay
Differentials. A department may use non-base building
discretionary pay differentials on a temporary basis, which shall be funded
within existing budgets. Use of these pay differentials is at the discretion of
the appointing authority and shall not be used as a substitute for annual
compensation adjustments, other pay policies, or promotions. No differential is
guaranteed and, if granted, may be discontinued at any time. No aspect of any
discretionary pay differential is subject to grievance or appeal, except for
discrimination; however, an alleged violation of the department's plan can be
disputed. A department's decision in the dispute is final and no further
recourse is available. Departments shall develop and communicate a written plan
addressing appropriate criteria for the use of any differential based on sound
business practice and needs. If granted, there shall be an individual written
agreement between the employee and appointing authority that stipulates the
terms and conditions of the differential, including the dates the differential
will begin and end. Records of any aspect of these differentials shall be
provided to the Director when requested. (8/1/08)
A.
Counteroffer to a
verifiable job offer may be used when an employee with critical strategic
skills receives a higher salary offer from another department or outside
employer and the appointing authority needs to retain the employee. The sum of
a non-base building differential and current base pay cannot exceed a statutory
lid in any given month and may be paid in one (1) or more payments.
(8/1/08)
B.
Signing
bonus is a non-base building lump sum that may be used to attract
new permanent employees into the state personnel system. It may be paid in one
(1) or several payments; however, the sum of the bonus and current base pay
cannot exceed a statutory lid in any given month. Signing bonuses may be used
for the following reasons:
1. To fill
positions in critical occupations where there is a documented shortage in the
labor market and recruitment or retention difficulty in the department that
jeopardizes its mission; or,
2.
When the applicant possesses a unique, critical skill in relation to the job
market.
C.
Referral award is a non-base building lump sum that
may be granted to a current employee for the referral and subsequent hire of a
new employee into the state personnel system where the position requires a
unique, specialized skill and there is a documented shortage in the labor
market and recruitment or retention difficulty in the department. This award is
to be used for permanent employees unless the Director grants an exception.
Employees who influence or are responsible for hiring and those performing
recruitment as part of their regular assignments are ineligible. The sum of the
award and current base pay cannot exceed a statutory lid in any given
month.
D.
Temporary pay
differential is a non-base building award that may be granted to a
current permanent employee in the same position. The sum of the temporary award
and current base pay shall not exceed a statutory lid in any given month and is
paid through regular payroll. This differential shall not be used as a
substitute for the promotional or allocation process. Temporary pay
differentials may be used for the following reasons:
1. Acting assignment where the employee
assumes the full set of duties (not "in absence of") of a higher-level position
that is vacant or the incumbent is on extended leave for a period longer than
thirty (30) days but less than nine (9) months. The differential shall not
exceed nine (9) months for any given acting assignment;
2. Long-term project assignment that is not
an expected or customary part of the regular assignment and is critical to the
mission and operations of the department as defined by the purpose of the
project, its time frame, and the critical nature and expected
results;
3. Retain a unique,
specialized set of skills or knowledge that is critical to the mission and
productivity of the department. The loss would result in documented severe
adverse effect on the department's mission and productivity; or
4. During the declaration of a state of
emergency by the Governor, as defined in the Colorado Disaster Emergency Act,
when it is necessary to assign employees work to maintain continuity of
operations and appropriate staffing levels critical to the mission and
operations of the organization. (08/01/2020)
3-50.
Hazardous Duty
is a non-base building premium that may be granted to positions working in
occupations where exposure to physical hazards is not a customary part or
expectation of the occupation and its preparation for entry. Such positions
work for a majority of their time in settings that involve clear, direct, and
unavoidable exposure to risk of major injury or loss of life even after making
allowances for safety. This premium is not guaranteed and, if granted, may be
discontinued at any time. No aspect of this premium pay can be grieved or
appealed, except for alleged discrimination. Departments shall develop
appropriate criteria for the use of hazard pay based on sound business practice
and need, and communicate these criteria prior to use of this premium. The
premium rate will be published in the annual pay plan and, in combination with
current base pay and other premium pay, cannot exceed a statutory lid in any
given month. (1/1/18)
Postemployment Compensation (9/1/12)
3-51. Postemployment compensation, which
includes voluntary separation incentives or severance pay, are discretionary
financial payments that may be offered to certified employees when a layoff has
happened or may happen based upon documented lack of funds, lack of work, or
reorganization. Postemployment compensation may include, but is not limited to,
a hiring preference, payment towards the continuation of health benefits,
tuition or educational training vouchers, portion of salary, placement on a
reemployment list. Postemployment compensation may be contingent upon an
employee's waiver of retention and reemployment rights, but waiving those
rights does not affect the employee's eligibility for reinstatement. A
department head shall establish a postemployment compensation plan before a
department makes any postemployment compensation offers. (1/1/14)
3-52. Any total postemployment compensation
payment and other benefits shall not exceed an amount equal to one (1) week of
an employee's salary for every year of his or her service, up to eighteen (18)
weeks. Any additional limitations shall be established and published by the
director, taking into consideration prevailing market practice and other
factors. (1/1/18)
3-53. Repealed.
(1/1/18)
3-54. The employee and
department shall execute a written contract before payment of any post
employment compensation. The contract shall include the following provisions.
(1/1/14)
A. A statement that the employee is
required to pay all applicable taxes on the payment;
B. The employee's acknowledgement that the
state will withhold taxes according to law before payment;
C. The employee's agreement to waive
retention and reemployment rights, if applicable, along with a statement that
the contract is voluntary and not coerced or obtained through means other than
the terms of the contract; (9/1/12)
D. The date of the employee's last day of
work;
E. An acknowledgement that no
payment will be made until after the last day of work and compliance with other
provisions of the contract; and,
F.
Upon signature, a copy of each contract shall be provided to the state
personnel director. (9/1/12)
G. The
employee's agreement to waive any and all claims they may have or assert
against the employer, relative to their employment prior to the execution of
this agreement. (9/1/12)