In this section, the following term has the meaning ascribed:
Permanent position - a position filled by an employee whose appointment is not designated as temporary by law and not limited to one (1) year or less, and includes a temporary or term promotion of more than one (1) year. "Permanent position" does not include a position filled by an employee whose appointment is limited to one (1) year or less and subsequently extended so the total time of the appointment exceeds one (1) year.
This section applies to all employees paid from a schedule under the District Service Salary System.
An employee occupying a permanent position who has not reached the maximum rate of his or her grade shall be granted a within-grade increase if he or she meets all of the following requirements:
For an employee with a scheduled tour of duty, the waiting periods for advancement to the following steps in all District Service salary schedule grades shall be as follows:
For an employee without a scheduled tour of duty, the waiting periods for advancement to the following steps in all District Service salary schedule grades shall be as follows:
Any day on which part-time service is performed by an employee without a scheduled tour of duty shall constitute one (1) full day for the purpose of this section.
A new waiting period for a within-grade increase shall begin with each of the following:
The waiting period shall not be interrupted by nonworkdays intervening between an employee's last regularly scheduled workday in one position and his or her first regularly scheduled workday in a new position.
Employment in any District government agency under the pay authority of the Mayor shall be creditable service in the computation of a waiting period.
Creditable service shall include all periods of annual, sick, and other leave with pay; any absence from duty that occurs during an employee's basic workweek for which pay is received, including authorized absence on a legal holiday or nonworkday established by administrative order; and service under a time-limited appointment that is not interrupted by a break in service or a period of nonpay status in excess of fifty-two (52) calendar weeks.
For an employee with a scheduled tour of duty, time in a nonpay status, except as provided in §§ 1127.13 through 1127.17, shall be creditable service in the computation of a waiting period when it does not exceed an aggregate of any of the following:
Except as otherwise provided in this section, time in a nonpay status in excess of the allowable amounts set forth in § 1127.11 shall extend a waiting period by the excess amount.
Leave without pay granted to an employee because of an injury for which compensation is payable under title XXIII of the CMPA (D.C. Official Code § 1-623.01 et seq. (2001 & 2003 Supp.)) shall be creditable service.
An employee separated as a result of an injury incurred while performing assigned duties shall be entitled, upon reemployment with the District government, to have counted as creditable service the entire time during which he or she received compensation.
Service with the Armed Forces during a period of war or national emergency shall be creditable service when an employee leaves his or her District position to enter the Armed Forces and either of the following occurs:
When an employee is restored to duty by an appropriate authority as defined in § 1149.1, the period from the date of separation to the date of return to duty shall be creditable service.
A period of leave without pay during an employee's assignment with an agency of the federal government, a State or local government, a private sector organization, or an institution of higher education under Chapter 27 of these regulations shall be creditable service.
When an employee receives more than one (1) increase in his or her rate of basic pay during the waiting period under consideration, no one (1) of which is an equivalent increase, the first and subsequent increases shall be added until the total increase is equal to or greater than an equivalent increase, at which time he or she shall be deemed to have received an equivalent increase.
An increase in the rate of basic pay of an employee paid from a District Service salary schedule shall not be considered an equivalent increase when it results from any of the following:
The agency head shall be responsible for determining what constitutes a performance rating of "Satisfactory" or better or "Meets Expectations" or better, as applicable, and for determining which employees are performing at those levels.
The decision to grant or deny a within-grade increase shall be deferred when a performance rating has not been assigned for the most recent rating period that ended prior to the completion date of the required waiting period under any of the following circumstances:
When the decision to grant or deny a within-grade increase has been deferred as provided in § 1127.21, the within-grade increase shall be granted as of the date it was otherwise due if the performance rating assigned is "Satisfactory" or better or "Meets Expectations" or better, as applicable.
An employee who is denied a within-grade increase in accordance with Chapter 14 of these regulations and is reassigned shall become eligible for a within-grade increase upon receipt of a performance rating of "Satisfactory" or better or "Meets Expectations" or better, as applicable.
When an "Unsatisfactory" performance rating (or equivalent), removal, or change to lower grade for cause, which resulted in a denial of a within-grade increase, is subsequently overturned, the employee shall be granted the within-grade increase for which he or she becomes eligible as of the date on which the within-grade increase otherwise became due.
An employee shall be notified in writing of the decision to grant or deny a within-grade increase.
A within-grade increase shall be effective on the first day of the first biweekly pay period following completion of the required waiting period and the requirements of § 1127.3.
When the effective date of a within-grade increase and the effective date of a personnel action occur at the same time, the agency shall process the actions in the order that gives the employee the maximum benefit.
When a within-grade increase is delayed beyond its proper effective date through administrative oversight, error, or delay, the agency shall make the increase effective as of the date it was properly due.
An adjustment in pay under § 1126.19 shall be an equivalent increase in pay for within-grade increase purposes.
D.C. Mun. Regs. tit. 6, r. 6-B1127