§ 21-5-221 - Compensation differentials.
               	 		
21-5-221.    Compensation differentials.
    (a)  To  address specific employee compensation needs not otherwise provided for  in this subchapter, a state agency or institution may pay additional  compensation for current employees in specific positions or for  classifications of positions assigned to a compensation plan authorized  by the General Assembly for one (1) or more compensation differentials.
(b)    (1)  Authorization for one (1) or more compensation differentials may be approved if the:
            (A)  Agency or institution has documented the need for a compensation differential for specified positions or classifications;
            (B)  Agency  or institution submits a plan of the terms and conditions for  eligibility that must directly address the needs of the targeted  positions or classifications for any requested compensation  differential;
            (C)  Cost of  implementing and maintaining a compensation differential is within the  agency's or institution's existing appropriation and shall not be  implemented using funds specifically set aside for other programs within  the agency or institution; and
            (D)  Compensation  differential plan has been approved by the Office of Personnel  Management after review by the Personnel Committee of the Legislative  Council.
      (2)  Any compensation differential authorized under this section shall be renewed each fiscal year.
      (3)  The  cumulative total of any compensation differentials paid to an employee  shall not exceed twenty-five percent (25%) of the employee's base  salary.
(c)    (1)  Hazardous  duty differential of up to six percent (6%) may be authorized for the  increased risk of personal physical injury for an employee occupying a  certain identified high-risk position if the:
            (A)  Position  classification is determined to be physically hazardous or dangerous  due to location, facility, services provided, or other factors directly  related to the duty assignment of the positions; and
            (B)  Employee's  regularly assigned work schedule exposes him or her to clear, direct,  and unavoidable hazards during at least fifty percent (50%) of the work  time and the employee is not compensated for the hazardous exposure.
      (2)    (A)  The  director of the requesting agency or institution shall identify the  facility or unit, location, and eligible positions and classifications  within the facility or unit that are identified as high-risk.
            (B)  The  positions shall be certified by the agency or institution director as  having been assigned to a work environment that poses an increased risk  of personal injury and shall be submitted as part of the plan for  payment of hazardous duty differential to the office for approval by the  Chief Fiscal Officer of the State after review and approval of the  Personnel Committee of the Legislative Council.
            (C)  Subsequent  changes to the facility or unit, location, and eligible positions or  classifications within the facility or unit on file with the office  shall receive prior approval by the Chief Fiscal Officer of the State  after review and approval by the Personnel Committee of the Legislative  Council.
(d)  If the granting of the  additional hazardous duty compensation has the effect of temporarily  exceeding the maximum annual rate for the grade assigned to the  employee's classification, the additional compensation shall not be  considered as exceeding the maximum allowable rate for that grade.
(e)  It  is the intent of this subsection that hazardous duty compensation shall  be at the discretion of the Chief Fiscal Officer of the State and the  director of the agency or institution and shall not be implemented using  funds specifically set aside for other programs within the agency or  institution.
(f)  An employee who  receives additional hazardous duty compensation under this section and  then is reassigned to normal duty shall revert on the day of the  reassignment to the rate of pay for which he or she is eligible under  this subchapter.
(g)  An additional  six percent (6%), but not to exceed a total of twelve percent (12%),  hazardous duty differential may be authorized for employees occupying  positions assigned to a maximum security unit or facility if the  regularly assigned work schedules expose employees at least eighty-five  percent (85%) of the work time to clear, direct, and unavoidable hazards  from clients, inmates, or patients who are in units or facilities that  are classified as maximum security.
(h)  An  employee who is receiving additional compensation for hazardous duty  and then is reassigned to normal duty shall revert on the day of the  reassignment to the rate of pay for which he or she is eligible under  this subchapter.
(i)    (1)  A  professional certification differential of up to six percent (6%) for  job-related professional certifications for individual positions or for  specific classifications within an agency or institution may be  authorized if the certification is:
            (A)  From  a recognized professional certifying organization and is determined to  be directly related to the predominant purpose and use of the position  or classification; and
            (B)  Not  included as a minimum qualification established or as a special  requirement for the classification by the official class specification.
      (2)    (A)  A  professional certification differential may be paid only while the  certification is current and maintained by the employee and while  employed in a position or classification covered by the plan.
            (B)  Documentation  of continuation or renewal of the certification of the employee is  required for continuation of the certification differential.
(j)  An  education differential of up to six percent (6%) for job-related  education for individual positions or for specific classifications  within an agency or institution may be authorized if:
      (1)  Attainment  of additional education is from an accredited institution of higher  education, documented by official transcript, certificate, or degree  award, and directly related to the predominant purpose and use of the  position or classification; and
      (2)  The  education to be compensated is not included as a special requirement or  minimum qualification established for the classification by the  official class specification.
(k)  A  geographic area differential of up to six percent (6%) may be authorized  to address the documented inability to recruit and retain certain  employees in a specific geographic area of the state if the additional  geographic area differential is based on documented recruitment,  turnover, or other competitive pay issue in a specific geographic area  but that does not justify a statewide labor market special entry rate.
(l)    (1)  A  second language differential of up to ten percent (10%) may be  authorized for an employee who has the demonstrated ability and skill to  communicate in a language other than English, including American Sign  Language, and that skill is determined by the agency or institution to  be directly related to the effective performance of the job duties for  the position occupied by the employee.
      (2)  If  the granting of the additional compensation would have the effect of  exceeding the maximum or the career pay level for the grade assigned to  the employee's classification, the additional compensation shall not be  considered as exceeding the maximum allowable rate for that grade.
      (3)  An  employee who receives additional compensation under this section and  who moves into a position that does not need the skill to communicate in  a language other than English shall revert on the effective date of the  change to the rate of pay that the employee would otherwise receive.
(m)    (1)  On-call  duty or standby duty differential may be authorized for an employee  whose job requires him or her to provide services on nights, weekends,  or holidays or other situations when the agency or institution does not  have regularly scheduled staff coverage.
      (2)  On-call  duty or standby duty differential is to be used for officially  scheduled duty outside regular work hours during which an employee is  required to be accessible by telephone, pager, or other means and must  return to the designated work site upon notification of need within a  specified response time.
      (3)    (A)  An  employee who is required to be available for duty on nights, weekends,  and holidays will be eligible to receive on-call or standby duty pay  equivalent of an hourly rate not to exceed twenty percent (20%) of his  or her base hourly pay rate for each on-call or standby hour for not  more than forty-eight (48) hours during any seven-day work period.
            (B)    (i)  Compensation  shall not be paid to any employee required to be on-call and standby  who fails to respond after the second notification that his or her  services are needed.
                  (ii)  If the equipment or paging device malfunctions, the penalty shall not apply.
            (C)    (i)  An  employee on on-call or standby duty who is called in to work shall be  compensated for the actual hours worked at the appropriate rate of pay  with a minimum of two (2) hours for each call back.
                  (ii)  The employee shall not be paid on-call or standby pay for hours actually worked during a call back.
            (D)  If on-call or standby pay is provided to an employee, the total compensation may exceed the maximum salaries for the position.