SECTION 704

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.

19-704 | 19-704.01 | 19-704.02 | 19-704.03 | 19-704.04 | 19-704.05 | 19-704.06 | 19-704.07 | 19-704.08 


19-704 MOVEMENT AND STATUS

SCOPE AND PURPOSE

This Regulation governs the movement of classified and unclassified employees and positions. This Regulation also governs the status of classified and unclassified employees except those employees exempt from coverage under the State Employee Grievance Procedure Act. (S.C. Code Ann. § 8-17-370)

Return to Top


19-704.01 STATEMENTS OF POLICY

  1. Movement of a person into or between full-time equivalent (FTE) positions may occur by:

  1. Initial Employment or Reemployment

  2. Promotion (S.C. Code Ann. § 8-17-320)

  3. Demotion (S.C. Code Ann. § 8-17-320)

  4. Reassignment (S.C. Code Ann. § 8-17-320)

  5. Transfer (S.C. Code Ann. § 8-17-320)

(Refer to Sections 19-704.02 through 19-704.05.)

  1. Movement of a position may occur through a reclassification in the classified system or an unclassified State title change in the unclassified system. (Refer to Sections 19-704.06 and 19-704.07.) (S.C. Code Ann. § 8-17-320 (20))
  2. A position may move between the classified and unclassified systems provided the agency does not exceed its number of classified and unclassified authorized FTEs. (Refer to Section 19-704.08.)

  3. A person who moves into or between an FTE position(s) in the classified system must meet minimum requirements established in the class specification. For an equivalency to substitute for the minimum requirements, an agency must submit a written request to the State Human Resources Director for approval. (S.C. Code Ann. § 8-11-230)

  1. When a person moves into or between an FTE position(s) or when an employee’s position is reclassified or has an unclassified State title change, the following types of status apply:

  1. Probationary – The status of a full-time or part-time employee occupying all or part of an FTE position in the initial working test period of employment with the State of:
  1. Twelve months’ duration for noninstructional personnel;
  2. The academic year duration for instructional personnel (teachers); or
  3. Not more than two full academic years’ duration for faculty at State technical colleges. (S.C. Code Ann. § 8-17-320)
  1. Covered – The status of a full-time or part-time employee occupying all or part 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 has grievance rights. 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. (S.C. Code Ann. § 8-17-320)
  1. Trial – 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.

  1. Permanent Status in a Class or Unclassified State Title

An employee shall attain permanent status in a class or unclassified State title upon completion of a probationary or trial period in that class or unclassified State title. Once attained, permanent status in a class or unclassified State title is retained throughout the employee’s continuous State service.

  1. Performance Review Dates

For the establishment of an employee’s performance review date, refer to Sections 19-715.02 through 19-715.04.

Return to Top


19-704.02 INTIAL EMPLOYMENT OR REEMPLOYMENT

  1. Initial employment is defined as the employment of a person newly hired into State government in a classified or unclassified FTE position.

  2. Reemployment is defined as the employment of a person following a break in service in a classified or unclassified FTE position.

  3. Probationary Status

Upon initial employment or reemployment the employee shall be in probationary status.

  1. Probationary Period

  1. An employee in probationary status must complete a probationary period of:

  1. Twelve months’ duration for noninstructional personnel;
  2. The academic year duration for instructional personnel (teachers); or
  3. Not more than two full academic years’ duration for faculty at State technical colleges. (S.C. Code Ann. § 8-17-320)
  1. At his discretion, the agency head or his designee may count up to six months of continuous satisfactory service in any temporary capacity toward the employee’s probationary period which would result in a reduction in the length of the employee’s performance review period. (S.C. Code Ann. § 8-17-320)

  2. An employee who performs unsatisfactorily during the probationary period must be terminated before becoming a covered employee. (S.C. Code Ann. § 8-17-320)

Return to Top


19-704.03 PROMOTION

  1. Promotion is defined as the assignment of an employee by the appointing authority from one established position to a different established position:
  1. Having a higher State salary range; or
  2. For positions without a State salary range, having a higher rate of pay. (S.C. Code Ann. § 8-17-320 (17))
  1. Probationary or Trial Status
  2. Upon promotion, an employee shall be in probationary or trial status; however, if a covered employee previously held permanent status in the class or unclassified State title to which promoted, the promotion shall be with permanent status in the class or unclassified State title and the employee is not in trial status.

  3. Probationary Period
  1. An employee in probationary status who is promoted must complete a probationary period of:
  1. Twelve months’ duration for noninstructional personnel;
  2. The academic year duration for instructional personnel (teachers); or
  3. Not more than two full academic years’ duration for faculty at State technical colleges. (S.C. Code Ann. § 8-17-320)
  1. At his discretion, the agency head or his designee may count up to six months of continuous satisfactory service in the previous class or unclassified State title toward the employee’s probationary period which would result in a reduction in the length of the employee’s performance review period.
  2. An employee who performs unsatisfactorily during the probationary period must be terminated before becoming a covered employee. (S.C. Code Ann. § 8-17-320)
  1. Trial Period

A covered employee who is promoted to a position in which he has not held permanent status in the class or unclassified State title must complete a six-month trial period. This period may be extended up to 90 calendar days upon written notification to the employee of the extension prior to the end of the six-month trial period.

Return to Top


19-704.04 DEMOTION

  1. Demotion is defined as the assignment of an employee by the appointing authority from one established position to a different established position:
  1. Having a lower State salary range; or

  2. 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))

  1. Probationary or Trial Status

Upon demotion, an employee will be in probationary or trial status; however, if a covered employee previously held permanent status in the class or unclassified State title to which demoted, the demotion shall be with permanent status in the class or unclassified State title and the employee is not in probationary or trial status.

  1. Probationary Period
  1. An employee in probationary status who is demoted must complete a probationary period of:
  1. Twelve months’ duration for noninstructional personnel;
  2. The academic year duration for instructional personnel (teachers); or
  3. Not more than two full academic years' duration for faculty at State technical colleges. (S.C. Code Ann. § 8-17-320)
  1. At his discretion, the agency head or his designee may count up to six months of continuous satisfactory service in the previous class or unclassified State title toward the employee’s probationary period which would result in a reduction in the length of the employee’s performance review period.
  2. An employee who performs unsatisfactorily during the probationary period must be terminated before becoming a covered employee. (S.C. Code Ann. § 8-17-320)
  1. Trial Period

A covered employee who is demoted to a position in which he has not held permanent status in the class or unclassified State title must complete a six-month trial period. This period may be extended up to 90 calendar days upon written notification to the employee of the extension prior to the end of the six-month trial period.

Return to Top


19-704.05 REASSIGNMENT AND TRANSFER

  1. Reassignment is defined as 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 (19))
  2. Transfer is defined as 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 (27))
  3. Probationary or Trial Status

Upon reassignment or transfer, an employee shall be in probationary or trial status; however, a covered employee with permanent status in the class or unclassified State title is not in probationary or trial status when the reassignment or transfer:

  1. Does not change the employee’s class or unclassified State title; or 
  2. Is to a class or unclassified State title in which the employee already holds permanent status in the class or unclassified State title.
  1. Probationary Period
  1. An employee in probationary status who is reassigned or transferred must complete a probationary period of:
  1. Twelve months’ duration for noninstructional personnel;
  2. The academic year duration for instructional personnel (teachers); or
  3. Not more than two full academic years’ duration for faculty at State technical colleges. (S.C. Code Ann. § 8-17-320)
  1. At his discretion, the agency head or his designee may count up to six months of continuous satisfactory service in the previous class or unclassified State title toward the employee’s probationary period which would result in a reduction in the length of the employee’s performance review period. If the reassignment or transfer is not to a new class or unclassified State title, the employee’s probationary period shall not change.
  2. An employee who performs unsatisfactorily during the probationary period must be terminated before becoming a covered employee. (S.C. Code Ann. § 8-17-320)
  1. Trial Period

A covered employee who is reassigned or transferred to a position in which he has not held permanent status in the class or unclassified State title must complete a six-month trial period. This period may be extended by the agency head up to 90 calendar days upon written notification to the employee of the extension prior to the end of the six- month trial period.

Return to Top


19-704.06 RECLASSIFICATION

For classified positions, reclassification is defined as 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. Reclassifications can occur: (S.C. Code Ann. § 8-17-320)

  1. Upward – The position moves from one class to another class having a higher State salary range.
  1. Probationary or Trial Status

      Upon upward reclassification, an employee shall be in probationary or trial status; however, if a covered employee previously held permanent status in the class to which reclassified, the upward reclassification shall be with permanent status in the class and the employee is not in trial status.

    1. Probationary Period
  1. An employee in probationary status whose position is reclassified upward must complete a probationary period of:

(1) Twelve months’ duration for noninstructional personnel;

(2) The academic year duration for instructional personnel (teachers); or

(3) Not more than two full academic years’ duration for faculty at State technical colleges. (S.C. Code Ann. § 8-17-320)

  1. At his discretion, the agency head or his designee may count up to six months of continuous satisfactory service in the previous class toward the employee’s probationary period which would result in a reduction in the length of the employee’s performance review period.
  2. An employee who performs unsatisfactorily during the probationary period must be terminated before becoming a covered employee. (S.C. Code Ann. § 8-17-320)
  1. Trial Period

A covered employee who is reclassified upward to a position in which he has not held permanent status in the class must complete a six-month trial period. This period may be extended up to 90 calendar days upon written notification to the employee of the extension prior to the end of the six-month trial period.

  1. Downward – The position moves from one class to another class having a lower State salary range.
  1. Probationary or Trial Status

      Upon downward reclassification, an employee will be in probationary or trial status; however, if a covered employee previously held permanent status in the class to which reclassified, the downward reclassification shall be with permanent status in the class and the employee is not in trial status

    1. Probationary Period
  1. An employee in probationary status whose position is reclassified downward must complete a probationary period of:
(1) Twelve months’ duration for noninstructional personnel;

(2) The academic year duration for instructional personnel (teachers); or

(3) Not more than two full academic years’ duration for faculty at State technical colleges. (S.C. Code Ann. § 8-17-320)
  1. At his discretion, the agency head or his designee may count up to six months of continuous satisfactory service in the previous class toward the employee’s probationary period which would result in a reduction in the length of the employee’s performance review period.
  1. An employee who performs unsatisfactorily during the probationary period must be terminated before becoming a covered employee. (S.C. Code Ann. § 8-17-320)
  1. Trial Period

A covered employee who is reclassified downward to a position in which he has not held permanent status in the class must complete a six-month trial period. This period may be extended up to 90 calendar days upon written notification to the employee of the extension prior to the end of the six-month trial period.

  1. Lateral – The position moves from one class to another class having the same State salary range.

  1. Probationary or Trial Status

      Upon lateral reclassification, an employee shall be in probationary or trial status; however, if a covered employee previously held permanent status in the class to which reclassified, the lateral reclassification shall be with permanent status in the class and the employee is not in trial status.

    1. Probationary Period
  1. An employee in probationary status whose position is reclassified laterally must complete a probationary period of:
(1) Twelve months’ duration for noninstructional personnel;

(2) The academic year duration for instructional personnel (teachers); or

(3) Not more than two full academic years’ duration for faculty at State technical colleges. (S.C. Code Ann. § 8-17-320)

  1. At his discretion the agency head or his designee may count up to six months of continuous satisfactory service in the previous class toward the employee’s probationary period which would result in a reduction in the length of the employee’s performance review period.
  1. An employee who performs unsatisfactorily during the probationary period must be terminated before becoming a covered employee. (S.C. Code Ann. § 8-17-320)
  1. Trial Period

A covered employee who is reclassified laterally to a position in which he has not held permanent status in the class must complete a six-month trial period. This period may be extended up to 90 calendar days upon written notification to the employee of the extension prior to the end of the six-month trial period.

Return to Top


19-704.07 UNCLASSIFIED STATE TITLE CHANGES

An unclassified State title change is defined as the assignment of a position in one unclassified State title to another unclassified State title which is the result of a natural or an organizational change in duties or responsibilities of the position. An unclassified State title change can occur:

  1. Upward – The position moves from one unclassified State title to another unclassified State title having a higher State salary range or for a position without a State salary range, the position moves from one unclassified State title to another unclassified State title with higher level job duties or responsibilities as defined by the agency.
  1. Probationary or Trial Status

      Upon upward unclassified State title change, an employee shall be in probationary or trial status; however, if a covered employee previously held permanent status in the unclassified State title to which moved, the upward move shall be with permanent status in the unclassified State title and the employee is not in trial status

  1. Probationary Period
  1. An employee in probationary status whose position is moved upward must complete a probationary period of:
(1) Twelve months’ duration for noninstructional personnel;

(2) The academic year duration for instructional personnel (teachers); or

(3) Not more than two full academic years’ duration for faculty at State technical colleges. (S.C. Code Ann. § 8-17-320)
  1. At his discretion, the agency head or his designee may count up to six months of continuous satisfactory service in the previous unclassified State title toward the probationary period which would result in a reduction in the length of the employee’s performance review period.
  2. An employee who performs unsatisfactorily during the probationary period must be terminated before becoming a covered employee. (S.C. Code Ann. § 8-17-320)
  1. Trial Period

A covered employee whose position is moved upward to an unclassified State title in which he has not held permanent status must complete a six-month trial period. This period may be extended up to 90 calendar days upon written notification to the employee of the extension prior to the end of the six-month trial period.

  1. Downward – The position moves from one unclassified State title to another unclassified State title having a lower State salary range or for a position without a State salary range, the position moves from one unclassified State title to another unclassified State title with lower level job duties or responsibilities as defined by the agency.
  1. Probationary or Trial Status

      Upon downward unclassified State title change, an employee will be in probationary or trial status; however, if a covered employee previously held permanent status in the unclassified State title to which moved, the downward move shall be with permanent status in the unclassified State title and the employee is not in trial status.

    1. Probationary Period
  1. An employee in probationary status whose position is moved downward must complete a probationary period of:
(1) Twelve months’ duration for noninstructional personnel;

(2) The academic year duration for instructional personnel (teachers); or

(3) Not more than two full academic years’ duration for faculty at State technical colleges. (S.C. Code Ann. § 8-17-320)
    1. At his discretion, the agency head or his designee may count up to six months of continuous satisfactory service in the previous unclassified State title toward the probationary period which would result in a reduction in the length of the employee’s performance review period.
    2. An employee who performs unsatisfactorily during the probationary period must be terminated before becoming a covered employee. (S.C. Code Ann. § 8-17-320)
  1. Trial Period

A covered employee whose position is moved downward to an unclassified State title in which he has not held permanent status must complete a six-month trial period. This period may be extended up to 90 calendar days upon written notification to the employee of the extension prior to the end of the six-month trial period.

  1. Lateral – The position moves from one unclassified State title to another unclassified State title having the same State salary range or an equivalent level of job duties or responsibilities as defined by the agency.

  1. Probationary or Trial Status

      Upon lateral unclassified State title change, an employee shall be in probationary or trial status; however, if a covered employee previously held permanent status in the unclassified State title to which moved, the lateral move shall be with permanent status in the unclassified State title and the employee is not in trial status.

    1. Probationary Period
  1. An employee in probationary status whose position is moved laterally must complete a probationary period of:
(1) Twelve months’ duration for noninstructional personnel;

(2) The academic year duration for instructional personnel (teachers); or

(3) Not more than two full academic years’ duration for faculty at State technical colleges. (S.C. Code Ann. § 8-17-320)
  1. At his discretion, the agency head or his designee may count up to six months of continuous satisfactory service in the previous unclassified State title toward the probationary period which would result in a reduction in the length of the employee’s performance review period.
  2. An employee who performs unsatisfactorily during the probationary period must be terminated before becoming a covered employee. (S.C. Code Ann. § 8-17-320)
    1. Trial Period

A covered employee whose position is moved laterally to an unclassified State title in which he has not held permanent must complete a six-month trial period. This period may be extended up to 90 calendar days upon written notification to the employee of the extension prior to the end of the six-month trial period.

Return to Top


19-704.08 MOVEMENT BETWEEN CLASSIFIED SERVICE AND UNCLASSIFIED SERVICE

  1. Classified Service to Unclassified Service
  1. Movement of the Employee

  1. When an employee moves from a classified position to an unclassified position with a State salary range, the employee’s status will be governed by Regulations 19-704.03 through 19-704.05 concerning the promotion, demotion, reassignment, or transfer of an unclassified employee.
  2. When an employee moves from a classified position to an unclassified position without a State salary range, the agency shall determine whether the new position has a higher, lower, or equivalent level of job duties or responsibilities than the former position. Based on that determination, the movement will be a promotion, demotion, reassignment, or transfer, and the employee’s status will be governed by Sections 19-704.03 through 19-704.05.
  1. Movement of the Position

  1. When the position an employee occupies moves from the classified service to the unclassified service, the employee’s status will be governed by Regulation 19-704.07 concerning the movement of unclassified positions.
  2. When the position an employee occupies moves from classified service to become an unclassified position without a State salary range, the agency shall determine whether the new position has a higher, lower, or equivalent level of job duties or responsibilities than the former position. Based on that determination, the employee’s status will be governed by Section 19-704.07 concerning the movement of unclassified positions.

  1. Unclassified Service to Classified Service

  1. Movement of the Employee

  1. When an employee moves from an unclassified position with a State salary range to a classified position, the employee’s status will be governed by Sections 19-704.03 through 19-704.05 concerning the promotion, demotion, reassignment, or transfer of classified employees.
  2. When an employee moves from an unclassified position without a State salary range to a classified position, the agency shall determine whether the new position has a higher, lower, or equivalent level of job duties or responsibilities than the former position. Based on that determination, the movement will be a promotion, demotion, reassignment, or transfer, and the employee’s status will be governed by Sections 19-704.03 through 19-704.05.
  1. Movement of the Position

  1. When the position an employee occupies moves from the unclassified service to the classified service, the employee’s status will be governed by Section 19-704.06 concerning the reclassification of positions.
  2. When the position an employee occupies changes from an unclassified position without a State salary range to become a classified position, the agency shall determine whether the new position has a higher, lower, or equivalent level of job duties or responsibilities than the former position. Based on that determination, the employee’s status will be governed by Section 19-704.06 concerning the reclassification of positions.

Return to Top