| THE LANGUAGE USED IN THIS DOCUMENT DOES NOT CREATE AN EMPLOYMENT CONTRACT BETWEEN THE EMPLOYEE AND THE AGENCY. THIS DOCUMENT DOES NOT CREATE ANY CONTRACTUAL RIGHTS OR ENTITLEMENTS. THE AGENCY RESERVES THE RIGHT TO REVISE THE CONTENT OF THIS DOCUMENT, IN WHOLE OR IN PART. NO PROMISES OR ASSURANCES, WHETHER WRITTEN OR ORAL, WHICH ARE CONTRARY TO OR INCONSISTENT WITH THE TERMS OF THIS PARAGRAPH CREATE ANY CONTRACT OF EMPLOYMENT. |
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19-700 DEFINITIONS
The following definitions should be used in conjunction with
these Regulations.
ACADEMIC PERSONNEL – presidents, provosts,
vice-presidents, deans, teaching and research staffs, and others of academic
rank employed by the State educational institutions of higher learning or
medical institutions of education and research. (S.C. Code Ann. § 8-11-220)
AGENCY - a department, institution of higher learning,
board, commission, or school that is a governmental unit of the State of South
Carolina. Special purpose districts, political subdivisions, and other units of
local government are excluded from this definition. (S.C. Code Ann. § 8-17-320)
AGENCY HEAD - the person who has authority and
responsibility for an agency. (S.C. Code Ann. § 8-17-220)
AGENCY HIRE DATE – the date an employee begins
employment with an agency without any adjustments.
APPEAL - the request by a covered employee to the State
Human Resources Director for review of an agency’s final decision concerning a
grievance. (S.C. Code Ann. § 8-17-320)
APPOINTING AUTHORITY - the agency head or other
person or group of persons empowered to employ.
BASE PAY - the rate of pay approved for an employee in
his position exclusive of any additional pay, such as supplements, bonuses,
longevity pay, temporary salary adjustments, shift differential pay, on-call
pay, call back pay, special assignment pay, or market or geographic differential
pay.
BASE PERIOD - the period of time that defines the regular
annual schedule of employment (e.g., either a semester, an academic year, or ten
months to 12 months).
BREAK IN SERVICE – an interruption of continuous State
service. An employee experiences a break in State service when the employee (1)
separates from State service and is paid for unused annual leave; (2) moves from
one State agency to another and is not employed by the receiving agency within
15 calendar days following the last day worked (or approved day of leave at the
transferring agency); (3) remains on leave for a period of more than one
calendar year; (4) separates from State service as a result of a reduction in
force and is not recalled to the original position or reinstated with State
government within 12 months of the effective date of the separation; (5)
involuntarily separates from State service and the agency’s decision is upheld
by the State Employee Grievance Committee or by the courts; or (6) moves from a
full-time equivalent (FTE) position to a temporary, temporary grant, or
time-limited position.
CALENDAR DAYS - the sequential days of a year. For
purposes of calculating time frames under the State Employee Grievance Procedure
Act, the time must be computed by excluding the first day and including the last. If the last day falls on a
Saturday, Sunday, or holiday, it must be excluded. (S.C. Code Ann. § 8-17-320)
CLASS - a group of positions sufficiently similar in the
duties performed; degree of supervision exercised or received; minimum
requirements of education or experience; and the knowledge, skills, and
abilities required, that the Office of Human Resources applies the same State
class title and the same State salary range to each position in the group. (S.C.
Code Ann. § 8-17-320)
CLASS/UNCLASSIFIED STATE TITLE CODE - the alphanumeric
identification assigned to a particular class or unclassified State title.
CLASSIFIED POSITION – an FTE position that has been
assigned to a class.
CLASSIFIED SERVICE – all of those positions in State
service which are subject to the position classification plan. (S.C. Code Ann.
§ 8-11-220 (4))
CLASS SERIES - a group of classes which are sufficiently
similar in kind of work performed to warrant similar class titles, but
sufficiently different in level of responsibilities to warrant different pay
bands.
CLASS SPECIFICATION – the official description
approved by the Office of Human Resources providing examples of the kind of work
and level of responsibility normally assigned to positions that may be allocated
to the class.
CLASS TITLE - the name assigned to a class by the Office
of Human Resources.
CLASS/UNCLASSIFIED STATE TITLE DATE
– the date
an employee enters his current class or unclassified State title.
COMPENSATION – monetary payment for services rendered.
CONFLICT OF INTEREST - any action or situation in which
an individual's personal or financial interest or that of a member of his
household might conflict with the public interest.
CONTINUOUS SERVICE – service with one or more
State agencies without a break in service.
CONTINUOUS SERVICE DATE – the date that reflects
the first date of State employment without a break in service.
COVERED EMPLOYEE - a full-time or part-time employee
occupying a part or all of an FTE position who has completed the probationary
period and has a "meets" or higher overall rating on the employee’s
performance evaluation and who has grievance rights. Instructional personnel are
covered upon the completion of one academic year except for faculty at State
technical colleges upon the completion of not more than two full academic years’
duration. If an employee does not receive an evaluation before the performance
review date, the employee must be considered to have performed in a satisfactory
manner and be a covered employee. This definition does not include employees in
positions such as temporary, temporary grant, or time-limited employees who do
not have grievance rights. (S.C. Code Ann. § 8-17-320)
DEMOTION – the assignment of an employee by the
appointing authority from one established position to a different established
position having a lower State salary range or, for employees in positions
without a State salary range, assignment of a lower rate of pay to the employee
except when the employee’s job duties also are decreased for nonpunitive
reasons. (S.C. Code Ann. § 8-17-320 (8))
DUAL EMPLOYMENT – an agreement by which an employee
with an employing agency accepts temporary, part-time employment with the same
or another agency.
EMPLOYEE - any person in the service of an agency who
receives compensation from the agency and where the agency has the right to
control and direct the employee in how the work is performed.
EMPLOYING AGENCY – the agency having primary control
over the services of the employee.
EXEMPT EMPLOYEE - an employee who is exempt from
both the minimum wage and overtime requirements of the Fair Labor Standards Act
due to employment in a bona fide executive, administrative, professional, or
outside sales capacity.
FULL-TIME EQUIVALENT or FTE - a numerical value expressing a percentage of time in hours and of funds related to a particular position authorized by the General Assembly. (S.C. Code Ann. § 8-17-320)
GRIEVANCE - a complaint filed by a covered employee or the employee’s representative regarding an adverse employment action taken by an agency designated in § 8-17-330 of the South Carolina Code of Laws. (S.C. Code Ann. § 8-17-320 (11))
HOLIDAY – any holiday recognized by State law or
enumerated in the South Carolina Code of Laws §
53-5-10.
HOLIDAY COMPENSATORY TIME - leave time earned by an
employee for work performed on a holiday.
IN-BAND INCREASE - a salary increase which is
awarded within the pay band assigned to the employee's class.
INITIAL EMPLOYMENT - the employment of a person newly
hired into State government in a classified or unclassified FTE position.
INSTRUCTIONAL PERSONNEL – for purposes of the State
Employee Grievance Procedure Act, employees of an agency that has primarily an
educational mission, excluding the State technical colleges and excluding those
employees exempted in § 8-17-370 10.
of the South Carolina Code of Laws, who
work an academic year. (S.C. Code Ann. § 8-17-320)
INVOLUNTARY REASSIGNMENT - the movement of an employee’s
principal place of employment in excess of 30 miles from the prior workstation
at the initiative of the agency. The reassignment of an employee by an agency in
excess of 30 miles from the prior workstation to the nearest facility with an
available position having the same State salary range for which the employee is
qualified is not considered involuntary reassignment. (S.C. Code Ann. §
8-17-320)
LEAVE ACCRUAL DATE – the date used to calculate
an employee’s rate of annual leave earnings, which includes: (1) all State
service in an FTE position, including part-time service, adjusted to reflect
periods of leave without pay of over 30 consecutive workdays and periods when
there was a break in service; and, (2) all service as a certified employee in a
permanent position of a school district of this State. (S.C. Code Ann. §
8-17-320)
LEAVE DONOR - an employee of an employing agency whose
voluntary written request for donation of sick or annual leave to the pool leave
account of his employing agency is granted. (S.C. Code Ann. § 8-11-700)
LEAVE RECIPIENT - an employee of an employing agency who
has a personal emergency and is selected and approved to receive sick or annual
leave from the pool leave account of his employing agency. (S.C.
Code Ann. § 8-11-700)
MEDIATION - an alternative dispute resolution process
whereby a mediator who is an impartial third party acts to encourage and
facilitate the resolution of a dispute without prescribing what it should be.
The process is informal and non-adversarial with the objective of helping the
disputing parties reach a mutually acceptable agreement. (S.C. Code Ann. §
8-17-320)
MEDIATION-ARBITRATION - an alternative dispute resolution
process that provides for the submission of an appeal to a mediator-arbitrator,
an impartial third party who conducts conferences to attempt to resolve the
grievance by mediation and render a decision that is final and binding on the
parties if the appeal is not mediated. (S.C. Code Ann. § 8-17-320)
NONEXEMPT EMPLOYEE - an employee who is covered by the Fair Labor Standards Act and who is, therefore, subject to both the minimum wage and overtime requirements of the law.
OFFICE OF HUMAN RESOURCES (OHR) - the central State human resources entity under the Budget and Control Board.
PAY BAND – for classified positions, the dollar amount
between the minimum and maximum rates of pay to which a class is assigned by OHR.
PAY SCHEDULE - the official list of pay bands.
PERFORMANCE REVIEW DATE – the first day which marks the
beginning of a new performance review period.
PERMANENT STATUS – the status attained by an employee
upon completion of a probationary or trial period in a class or an unclassified
State title.
PERSONAL EMERGENCY - a catastrophic and
debilitating medical situation, severely complicated disability, severe accident
case, family medical emergency, or other hardship situation that is likely to
require an employee's absence from duty for a prolonged period of time and to
result in a substantial loss of income to the employee because of the
unavailability of paid leave. (S.C. Code Ann. § 8-11-700)
POSITION - those duties and responsibilities constituting
a single job. (S.C. Code Ann. § 8-11-220)
POSITION NUMBER - a unique number assigned to an FTE
position by OHR.
PROBATIONARY STATUS - the status of an employee during
the probationary period.
PROBATIONARY EMPLOYEE - a full-time or part-time employee
occupying a part or all of an FTE position in the initial working test period of
employment with the State of 12 months’ duration for non-instructional
personnel, of the academic year duration for instructional personnel except for
those at State technical colleges, or of not more than 2 full academic years’
duration for faculty at State technical colleges. An employee who receives an
unsatisfactory performance evaluation during the probationary period must be
terminated before becoming a covered employee. (S.C. Code Ann. § 8-17-320)
PROBATIONARY PERIOD - an initial working test period of
employment in an FTE position with the State of not more than 12 months’
duration for non-instructional personnel or the academic year duration for
instructional personnel except for those at State technical colleges, or of not
more than 2 full academic years' duration for faculty at State technical
colleges. An employee who receives an unsatisfactory performance evaluation
during the probationary period must be terminated before becoming a covered
employee.
PROMOTION – the assignment of an employee by the
appointing authority from one established position to a different established
position having a higher State salary range or, for positions without a State
salary range, having a higher rate of pay. Failure to be selected for a
promotion is not an adverse employment action that can be considered as a
grievance or appeal. (S.C. Code Ann. § 8-17-320 (17)
PUNITIVE RECLASSIFICATION – for classified employees,
the assignment of a position in one class to a different class with a lower pay
band with the sole purpose to penalize the covered employee. (S.C. Code Ann. §
8-17-320)
REALLOCATION – for classified positions, the assignment
of all positions in a class from one pay band to another pay band.
REASSIGNMENT - the movement within an agency of an
employee from one position to another position having the same State salary
range, or the movement of a position within an agency which does not require
reclassification. (S.C. Code Ann. § 8-17-320)
RECLASSIFICATION – for classified positions, the
assignment of a position in one class to another class which is the result of a
natural or an organizational change in duties or responsibilities of the
position. (S.C. Code Ann. § 8-17-320)
REDUCTION IN FORCE - the procedure used by an agency to
eliminate or reduce a portion of one or more filled FTE positions in one or more
organizational units within the agency due to budgetary limitations, shortage of
work, or organizational changes. (S.C. Code Ann. § 8-17-320)
REEMPLOYMENT - the employment of a person following a
break in service in an FTE position.
REINSTATEMENT - the return of an employee to State
service without a break in service. Examples include return resulting from: (1)
the Reduction in Force procedure; (2) the reversal of a termination under the
State Employee Grievance Procedure Act; (3) the settlement of a complaint
negotiated under an authorized administrative agency; or, (4) the order of a
court.
REQUESTING AGENCY – for dual employment purposes, the
agency engaging the services of and compensating any employee for services which
are clearly not a part of the employee’s regular job.
RESIGNATION – written or oral notification by an
employee of his relinquishment of employment.
SEPARATION – action initiated by either the
agency or employee which ends the employment relationship.
SHIFT DIFFERENTIAL - the additional amount of pay awarded
to employees who are assigned to an evening, night, weekend, rotating, or
split-shift, provided a majority of the hours worked are other than 8:00 a.m. to
5:00 p.m., Monday through Friday.
SLOT NUMBER - the number used to identify individual
positions in a class or unclassified State title within an agency.
STATE EMPLOYEE GRIEVANCE COMMITTEE
- the committee
composed of State employees who are appointed by the Budget and Control Board
and who conduct hearings involving appeals filed by covered employees. (S.C.
Code Ann. § 8-17-340)
STATE HIRE DATE - the first date of State employment
adjusted to reflect periods of authorized leave without pay of over 30
consecutive work days in any one calendar year and periods when there were
breaks in service.
STATE HUMAN RESOURCES DIRECTOR - the head of the Office
of Human Resources of the State Budget and Control Board, or his designee who is
responsible for statewide coordination of human resources programs. (S.C. Code
Ann. § 8-17-320)
STATE SALARY RANGE – the dollar amount between the
minimum and maximum rates of pay as established by OHR.
STATE SERVICE TIME - the total employment time defined in
years, months, and days in which an employee has occupied an FTE position,
including part-time service.
SUPERVISOR - an individual who directs one or more
subordinates and is designated as the rater on those subordinates' performance
evaluations.
SUPPLEMENT – any compensation, excluding travel
reimbursement, from an affiliated public charity, foundation, clinical faculty
practice plan, or other public source or any supplement from a private source to
the salary appropriated for a State employee and fixed by the State.
SUSPENSION - an enforced leave of absence without pay
pending investigation of charges against an employee or for disciplinary
purposes. (S.C. Code Ann. § 8-17-320)
TEACHERS - individuals employed in instructional
positions for which certification is required.
TEMPORARY EMPLOYEE - a full-time or part-time employee
who does not occupy an FTE position, whose employment is not to exceed one year,
and who is not a covered employee. (S.C. Code Ann. § 8-17-320)
TEMPORARY GRANT EMPLOYEE - a full-time or
part-time employee who does not occupy an FTE position and is hired to fill a
position specified in and funded by a federal grant, public charity grant,
private foundation grant, or research grant and who is not a covered employee.
TEMPORARY POSITION - a full-time or part-time non-FTE
position created for a period of time not to exceed one year.
TEMPORARY SALARY ADJUSTMENT - compensation not
included in an employee’s base salary that is awarded for a limited period of
time.
TERMINATION – for purposes of the State Employee
Grievance Procedure Act, the action taken by an agency against an
employee to separate the employee involuntarily from employment. (S.C.
Code Ann. § 8-17-320)
TIME-LIMITED PROJECT EMPLOYEE - a full-time or
part-time employee who does not occupy an FTE position who is hired to fill a
position with time-limited project funding approved or authorized by the
appropriate State authority, and who is not a covered employee.
TRANSFER - the movement to a different agency of
an employee from one position to another position having the same State salary
range, or the movement of a position from one agency to another agency
which does not require reclassification. (S.C. Code Ann. § 8-17-320)
TRIAL PERIOD – the initial working test period of six
months required of a covered employee upon movement to any class or an
unclassified State title in which the employee has not held permanent status.
TRIAL STATUS – the status of a full-time or
part-time covered employee who is in the initial working test period of six
months following the movement of the employee or the employee’s position to
any class or unclassified State title in which the employee has not held
permanent status.
UNCLASSIFIED POSITION – an FTE position that has
been assigned to an unclassified State title.
UNCLASSIFIED SERVICE – all those positions in the State
service which are not subject to the position classification plan.
UNCLASSIFIED STATE TITLE - the name assigned to an
unclassified position or to a group of similar positions by the Office of Human
Resources.
WORKDAY (AVERAGE) – the number of hours upon which leave and holidays are based. To determine the number of hours in an average workday, divide the total number of hours an employee is regularly scheduled to work during a week by five (regardless of the number of days the employee actually reports to work).